Sunday, December 29, 2019

Analysis Of Alexander Pushkin s Queen Of Spades

Alexander Pushkin â€Å"Queen of Spades† is a story about a man’s greed causing damage in many lives. The man uses someone s heart to find the supernatural secret to several large jackpots. Many would say that this story is good and had a great meaning behind it, but there are some who find many problems and question that need to be answer. In this story there are many question like what is the moral, is the message clear, is this a supernatural or reality at its worst, and why those cards. In this fantastic short story by Alexander Pushkin there are many questions left to be answered through his audience leaving for many different interpretations. This story shows us the idea of many things, but is the story too much for one moral of the story. What is the moral of the story? Many moral can be found like never be too trustworthy or greed will only leave in disaster. Some could say that the moral could be that the story has a deeper moral. For example, some say that t he moral is about the action of one man greed can affect the lives of not one but all. It can be far fetch but some have come to believe that Pushkin moral was this. All this is good but one thing is for sure it is never stated and different people leave different interpretation and that is why people have found that this work is not defined enough to be one hundred percent sure. With the moral left unknown so is the message. What is Pushkin main idea for this story? What did want to accomplish out of it? Some

Saturday, December 21, 2019

Ronald Reagan Farewell Speech Essay - 1221 Words

Elizabeth David Advanced Technical Communications: Paper Assignment #1 February 27, 2012 On January 11, 1989 President Ronald Reagan gave his Farewell Address to the Nation from the Oval Office in The White House. The speech was broadcast live on nationwide radio and television. He had served our country for 8 years and now it was time for George Bush to take office. He used his 34th and final speech as president to not only bid the nation farewell but also to give thanks to the American people. He shares with America his experience as the U.S President and ensures that he could not have made the changes he made without the nation’s help. The speech is deliberative. His goal is to be sure to persuade the people that America is a†¦show more content†¦Most of the appeal in this speech is to pathos. Very early on in his speech Reagan states, â€Å"And so many times I wanted to stop and reach out from behind the glass, and connect. Well maybe I can do a little of that tonight†. This is the beginning of his regard to pathos. With this statement he is trying to make a connection with the people which he did a phenomenal job of doing so. He uses the term â€Å"we† throughout the speech because he wants to be sure that the people know and understand that he has served this country for them. Reagan is also sure to make the people apart of his serving time. â€Å"I’ve been asked if I have any regrets. Well I do. The deficit is one†, this is another example of Reagan stepping out of his President shoes and admitting that there were mistakes that were made during his term. His intentions are to simply make the American people proud to be Americans. In regard to ethos, he talks about how the American tradition is the first in the history of the mankind where we â€Å"truly reversed the course of government.† The purpose of government is not to tell people what to do and â€Å"tell the people what their privileges are.† Rather, it is the people who tell the government what to do, including â€Å"where it should go, and by what route, and how fast.† This is because we are free. The recognition of this principle was, Reagan said, â€Å"the underlying basis for everything I’ve tried to do these past eight years.† Of all theShow MoreRelatedRhetorical Analysis: Rhetorical Analysis:1723 Words   |  7 Pagesï » ¿ Rhetorical Analysis: President Ronald Reagan s Farwell Address Rhetorical Analysis: Reagan s Farwell Address Ronald Reagan s Farewell Address was an amazing example of conveying the fundamentals for freedom through an emotional and visual lesson. 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The United States has been entangled in foreign affairs throughoutRead MoreThe Rights And Wrongs, Civil And Politics1630 Words   |  7 Pagescalled for equality with men before the law, in education and in employment. Documents Great American Documents . . . Speeches * Index . . . John McCain: Acceptance Speech Barack Obama: Acceptance Speech Sarah Palin: Acceptance Speech Joe Biden: Acceptance Speece Patrick Henry: Give Me Liberty or Give Me Death George Washington: Farewell Address Frederick Douglass: The Church and Prejudice Elizabeth Cady Stanton: Seneca Falls Keynote Address Abraham Lincoln: Gettysburg Address William Jennings Bryan:Read More21st Century Leadership1633 Words   |  7 Pagesindispensable skill. President John F. Kennedy gave his most memorable speech in Berlin in 1963. Although the speech was wildly popular in West Berlin, many in the U.S. press were critical of his confrontational verbiage. Kennedy even took criticism from within the State Department, as the speech undermined the official U.S. position that all of Berlin was under joint occupation by the Allied powers. As Kennedy pointed out in his speech, there were many people who claimed that Communism was the wave

Friday, December 13, 2019

Sociology and Understanding Human Behavior Free Essays

SOCL2151 Sociology and Understanding Human Behavior Phase 4 Individual Project Repost And Phase 5 Individual Project Conclusion Jerry Dunlap CTU Online Nov 12, 2012 SOCL2152 Introduction Portions of this assignment has repurposed work from Professor Vila’s Sociology 215 In my Phase 4 Individual Project I will be taking about the sociology of sport, what sport and event I picked and why I picked them. I will talk and describe the event and the sport that I have picked as well. I will be giving a description of my field observation over the event that I watched. We will write a custom essay sample on Sociology and Understanding Human Behavior or any similar topic only for you Order Now I will also talk about what it was like doing field work without really being in the field to do it. I will also go into talking about what I have learned from my field observation and Reflect on sports and the field of sociology of sport. Sports are and have been for me a way to relax ever sense I was a little boy growing up and going to school. I played sports in junior high and in high school as well. Sports for many people can be a way of life or their main way of making money to live from one day to the next. I watch sports manly because when I watch them I think man I wish that was me out there on that field or on that court them I wouldn’t have to worry so much about how I am going to take care of my family. I can be watching a game and sitting there thinking as well if I could just have one of the pay checks that the players get I would be seat for a long time. The sport that I was going with at first was basketball but after thinking about it I was like hold on there aren’t any basketball games showing on television right now so I changed it to football just to be able to do the field observation. I picked football because I grow up watching it when I was younger and I played it for three years in high school but I will be talking a little about both of them because of using both of them in my last two Individual Project. On January 20th 1892 the first true basketball game as we know it was played in Springfield Massachusetts. Doctor James Naismith a Canadian invented basketball for the YMCA so that they could play during the winter months. He made up rules for the game and also nailed up two peach baskets for hoops. Most of the rules the he made for the game of basketball are still used but have been changed up a little bit over the years. SOCL2153 Pro basketball and college basketball are both big sports that are covered by all types of media like the news, radio, television and the internet is a big one as well. Radio has a big impacted on basketball because it allows people that can’t watch it to be able to listen to the games. The internet and new allows you to be able to keep up with states and other stuff like that on the sport and on the players as well. The description of my field observation after watch the Sunday game between the Cowboys and Giants is there are all types of people there besides the players on the field playing the game, and coaches. There are the people that call the game and the camera people from the television channel that the game was on. There where fans, cheerleaders from both teams and referees as well. From what I could see and hear the fans where all into the game cheering and boing when bad calls were made or when there team made a good or bad play. People that where at the game looked to me like they were of all ages from little kids up to aridly people. The players seem to show when they are upset about a bad call or a play that was ran the wrong way. The players also show off a little after they make big play or even a little play. With the part of who hangs out with whom, and what are the moods and social dynamics. I can’t really tell from watching the game on television but for the most part I would think that most of the people that go to games just hang out with the ones they go there with and the players who can really say who they hang out with when there not playing. Some of the behavior in the game is from both the fans and players. Fans can start getting upset because there team isn’t playing like they should or there team isn’t getting the right calls from the referees that they think they should be. The same could go for the players from both teams. They start getting mad because they aren’t playing like they should be or they get a bad call. It all depends on how the game is going and how the players are playing on how the fans act and or behave. I picked this event because I am a big cowboys fan and I just like watching them play on Sundays. SOCL2154 As everyone knows American football has been around for centuries and is one of the most popular sports in America. As of 2010 football is the most watched sport of all of the four sports in America today. The Beginning A citizen of ancient Greek times used to play a game called harpaston and this game was known as a dangerous game. There were no rules, no field specifications and no guidelines. They simply went out and played this game resembling a mixture of rugby and football. In the 12th century the game as we now know it began in England. People of this time started to love this game so much that at one time both Kings Henry II and Henry IV banned the game. At this time people where only allowed to run and kicked the ball and couldn’t pass the ball forward at all. EVOLUTION On November 6, 1869 American football was believed to be burn when Princeton and Rutgers Universities met to play the first organized football match in American history. Within the next five years the game would change and more teams would be added. There would be new rules put together allowing the teams to have 15 players on their team. A coach from Yale named Walter Camp introduce new rule changes to the game that would include cutting the number of players allowed on the field from 15 down to 11 and adding downs. Football originally only had three downs and the teams only had to go five yards to get a first down but in 1912 it got increased to four down and they had to get 10 yards for a first down. President Theodore Roosevelt would later help the colleges put together or crate the National Collegiate Athletic Association and they would put together a seven member rules committee that would pass a rule to legalize the forward pass. In 1922 the American Professional Football Association changed its name to the National Football League and thus the NFL is born. Then in 1966 the Super Bowl was crated as the NFLs Championship game. In 1967 the first super bowl was played between the Green Bay Packers and the Dallas Cowboys and the Packers would go on the win the first ever super bowl over the Cowboys 21 to 17. SOCL2155 I have learned from doing field work that it is hard to do when you’re really not on the field doing it was same what hard to do because you can’t really get a good look at the fans or what is going on around the field. When watching the game on a television from the house only thing you really get a good look at is all of the players from both teams and the coaches. You can hear the fans and maybe every now and thing you can get a look at the fans just for a few seconds but not long enough to really be able to see how they are acting. Phase 5 Individual Project My life experience with sports has been very interesting from the start. I started playing sports like running cross country, track and playing basketball when I was in middle school. I wanted to play football but are iddle school football coach wouldn’t late me. He told me that I was too small because I only weighted like 110 pounds in middle school. When I got into high school I still played these three sports but my sophomore year I finally started playing football but by thin I was not that up to date on how to play the game nor was I really that good. I was able to travel to many different places in middle school and high school because of sports even if it was just in the state that I live in. I allowed me to meet different people from different areas of the state. I still think to this day if it wasn’t for sports and school that I wouldn’t have passed and graduated high school like I did. Sports are part of what I am today and I big reason why I am a sports fan today. SOCL2156 Being a sports fan of sports now I would have to say that for me it’s a way to relax and enjoy same of the sports that I played in school without playing them anymore. Being able to watch sports gives people a way to get together with friends a few times a week or just a few times a month depending on the sport that is on at that time. I see watching sports as a way to get a little trill without have to put your own life at risk or anyone else’s because you can do it sitting at home with your family or with friends. The sport experience help me connect with friends because it gives us something to talk about when we get together other thin just are family’s and what we have done over the past few days or weeks. The sports experience gets people together no matter what type of people they are or what race they are even if it’s just for a few minutes or a few hours’ people aren’t looking at others based on their skin color or their religion. References: ESPN. (2012). Retrieved from ESPN. com: http://espn. go. com/nba/ history of Football. (2012). Retrieved from historyoffootball. net: http://historyoffootball. net/ Bass, A. (2010, Apr 19). Livestrong. Retrieved from livestrong. com: http://www. livestrong. com/article/108870-history-football/ Faurschou, B. (n. d. ). History of Basketball. . Retrieved from nbahoopsonline. com: http://www. nbahoopsonline. com/Articles/History1. html How to cite Sociology and Understanding Human Behavior, Essay examples

Thursday, December 5, 2019

Contractual Liability for Olley V Marlborough Court -myassignmenthelp

Question: Discuss about theContractual Liability for Olley V Marlborough Court. Answer: Issue: The issue in this case is that whether David can claim compensation for the damages to his car. Rule: Exclusion clause is considered to be significant term under the law of contract with the help of which one of the parties to the contract can escape liability. The essentials of exclusion clause are- The parties to a contract can only rely upon the existence of an exclusion clause only if such exclusion clause is consolidated into the contract (Cartwright 2016). However, it is important that the exclusion clause must be clear and free from encumbrances (Besley 2015). In some cases it may occur that the exclusion clause is depicted in a document which is not duly signed, for instance, it may be a ticket or a notice (Deakin et al. 2017). In this regard, the Court is at the authority to reject the enforcement of an exclusion clause, if it comes to its knowledge that the injured party was aware of the existence of the clause and was given reasonable notice (Kraakman and Hansmann 2017). The defendant can escape liability, if the exclusion clause contained in the form of a document (Roehrich and Lewis 2014). However, the nature of the document should be such so that it can be noticed by any reasonable man (Piccoli and De Witte 2015). It is essential to remind the other party regarding the presence of exclusion clause in the contract before binding in an agreement. In Olley V Marlborough Court [1949] 1 KB 532 it was observed that the contract was formed between the parties inside the hall room of the suite before the plaintiff could view the notice. Therefore, it was held by the Court that the notice was not included in the contract which formed between the parties. In order to escape liability, it is important that the exclusion clause should be clear from ambiguity (Kraakman and Hansmann 2017). The working of the clause should be mentioned in such a way so that the individual can rely upon it (Piccoli and De Witte 2015). In order to avoid liability the wordings of the language must be precise. It was observed in Thornton V Shoe Lane Parking [1971] 1 All ER 686 it was observed that the plaintiff drove his car into the car park which belonged to the defendant. Inside the car park, the plaintiff was handed a ticket by the automatic machine where the terms and conditions were depicted. The conditions were written in a very small print which would exclude them from the liability in case of injury to vehicles. It was held by the Court that the defendant cannot escape liability with the exclusion clause as it was not noticeable by the plaintiff. Similarly in Curtis V Chemical Cleaning Co [1951] 1 KB 805 it was observed that the plaintiff could not no tice the wordings of the receipt which was given to her by the cleaners. It was held by the Court that the cleaners cannot escape liability by depending upon the exclusion clause. Application: In the present scenario, it can be observed that when David drove into the car park, Jenny Pty Ltd where there was a large signboard which stated that the owners should keep their vehicles at their own risk and in case of damage, the owners of the car park shall not be held liable for any damage. However, the ticket which was handed to David before entering the car park contained certain provisions which David could not see. The exception of incorporation of contract can be applied in this case, because as soon as David entered into the car park and accepted the ticket, the contract was formed. In this regard, the case study of Olley V Marlborough Court [1949] 1 KB 532 can be applied in which it was observed that the contract was formed in the hall room before the plaintiff could enter into the room. However, in this case the defendant could not escape liability as the plaintiff was not aware of the contract incorporated in the notice. Similarly, in the present scenario, it can be st ated that the owners of the car park cannot escape liability as David was not aware of the contract incorporated when receiving the receipt. The case of Thornton V Shoe Lane Parking [1971] 1 All ER 686 and Curtis V Chemical Cleaning Co [1951] 1 KB 805 can be refereed in this case. It is evident that David upon receiving the receipt could not see the wordings contained in it. Therefore, the owners of the car park are at the responsibility to include the exclusion clause in such a way so that it can be noticed by any reasonable person. Conclusion: In the conclusion it can be stated that David is at the authority to sue the owner of the car parking station and therefore can claim compensation for the damage caused to his vehicle. Issue: The issue in this case is that whether David has to pay the full amount. Rule: In the law of contract, consideration is an important term. The term consideration is used in a contract when there is a promise to pay an amount in return of supply of goods and services (Masten and Prfer 2014). In this regard, it is worth stating that without the existence of a valid consideration, the promise made by the either party has no existence (Hoeppner Freund and Depoorter 2017). In Hartley v Ponsonby (1857 ) 119 ER 1471, QB it was observed that he captain has promised to pay an extra amount to his crew however; half of them did not receive the extra amount. Therefore, it was held by the Court that the captain shall be liable for the breach of promise. In Dunlop v Selfridge (1915) AC 847 the term consideration was defined in a different manner. Here, it was held by the Court that, the existence of consideration in a contract creates benefit for one party and the detriment or loss is suffered by the other party. It is noteworthy to mention here that every consideration requ ires the existence of a present or future exchange (Decarolis 2014). The presence of a mere wish does not bind the parties to a contract; in order to bind the parties there must be a presence of reasonable consideration which was held in Thomas v Thomas(1842) 2 QB 851; 114 ER 330. However, it is important that the nature of the promise must be more than a reasonable duty which was observed in Williams v Roffey Bros Nicholls (Contractors) Ltd [1989] EWCA Civ 5. Consideration can be divided into two types- Executory consideration: A consideration can be regarded as executory when there is a transfer of promises between the parties regarding the performance of a specific act (Alschner 2014). For instance, if there is a promise on the part of A to deliver certain goods to B, where as B promises that he shall pay on delivery. If A delivers the goods on time however; B denies to pay the amount, therefore the consideration on the part of A is executed however; A is at the authority to sue B for breach of contract. Executed consideration: When a promise is made by one of the parties in exchange for an act by the other party. Upon completion of the act, the consideration is termed to be executed. The consideration must not be based upon a past promise. In this regard, it can be mentioned that consideration made in the past is not a good consideration. Past consideration in a contract is declared to be void and therefore parties cannot rely upon it to sue for breach of contract (Masten and Prfer 2014). However, in case of business transactions, it is evident that both the parties has agreed to a reasonable consideration and has paid for the same in the past. Therefore such past considerations in business situations will be valid which was observed in Re Caseys Patents [1892] 1 Ch 104. Application: In the present scenario, it is evident that Emily has already promised David that she would reduce the price of the chairs to an amount of $200/month. However, the amount depicted in the invoice was $300/month. In this regard, it can be noted that there was a promise on the part of Emily and such promise was governed by a consideration. The case study of Hartley v Ponsonby (1857 ) 119 ER 1471, QB can be applied because it can be observed that Emily has breached her promise and therefore David is at the authority to sue her for breach of promise. The case Dunlop v Selfridge (1915) AC 847 can be referred here because due to the presence of consideration in the said promise, David would have been benefitted while Emily would suffer detriment or loss. The case of Thomas v Thomas(1842) 2 QB 851; 114 ER 330 can be referred in this case because the promise which existed between David and Emily was not a mere wish, the promise was supported by a consideration. The case of Williams v Roffey B ros Nicholls (Contractors) Ltd [1989] EWCA Civ 5 can be referred because, the nature of the promise which existed between David and Emily can be considered to be more than a reasonable duty. The exception of executory consideration can be applied in this case. It can be observed that there was a promise from the end of Emily to reduce the price of chairs to $200/month. Therefore, based on her promise David was expecting to pay the reduced amount. Therefore, the consideration on the part of Emily was not executed and therefore David can sue her for breach of promise. The exception of executed consideration can be applied here which states that parties should not rely upon a past consideration. However, in case of business situations which existed between David and Emily, past consideration can be said to be valid. Conclusion: It can be finally concluded that David is not liable to pay the full amount. Issue: The issue in this case is whether Master Arts can terminate the contract and Laura can take any action against them. Rule: Termination of contract is a significant essence of contract which takes place when the parties to the contract and not anymore bounded by the contractual obligations. Therefore, termination of contract can take place by- By an agreement between the parties. By breach of contract. The inability to perform by the parties. By performance. Termination can be caused by breach of contract when one of the parties to the contract fails to deliver the contractual liabilities promised during the course of contract. An anticipatory breach of contract may occur when there is an intention on the part of the part of the party either express or implied to terminate the contract (Deakin et al. 2017). In this regard, the parties consider themselves that they are no longer bound by the conditions of the contract. Therefore, the innocent party is at the authority to sue for damages for the termination of contract as a result of breach on the part of other party. The injured party may also accept such repudiation and terminate the contract which was observed in Confetti Records V Warner Music Uk (2003). Contract can also be terminated when the performance on the part of the parties are partial (Besley 2015). A contract is discharged when the performance is complete however; it can be terminated where the performance is not completed on the part of the parties. A contract can also be terminated when the parties are prevented from performing their duties which was held in Pharmaceutical Society of Great Britain v Boots Cash Chemists(Southern)Ltd[1953] EWCA Civ 6. However, there must be a presence of an unforeseeable force which prevents the parties from performing the obligations of the contract. In case of termination of contract, there injured party is at the authority to take legal actions against the party who has breached the contract. In some cases, the parties not perform according to the terms and conditions of the contract which results into termination of contract. In this context, the injured party is at the authority to bring claim for damages which was observed in Pickfords Ltd v Celestica Ltd [2003] All ER (D) 265 (Nov). Application: In the present scenario, it can be observed that there was a contract between Laura and the Master Art to create three sculptures for Master Art every year. However, it was observed that at the end of the year only two sculptures was created by Laura. In this regard, the principle of termination of contract can be applied. In this context, the essentials of termination can be applied which is termination by breach of contract. It can be observed that the Laura did not perform the obligations of the contract. Laura was required as a part of the contract to create three sculptures at the end of every year which she failed to do. Therefore, Master Arts is at the authority to sue Laura for breach of contract and can terminate the contract. Therefore the ground of inability to perform can be applied as Laura failed to perform the requirements of the contract. Therefore, in this scenario, the cases study of Confetti Records V Warner Music Uk (2003) can be referred and hence Masters Act can repudiate the contract and thereby terminate the contract. The case law of Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6 can be referred because in the present scenario, Laura has not discharged her duties in relation to the contract. Therefore Master Arts can terminate the contract any time on the ground of non-performance. The case references of Pickfords Ltd v Celestica Ltd [2003] All ER (D) 265 (Nov) can be applied to the present scenario because the injured party Master Arts has the authority to take legal actions for the loss incurred. Therefore, it can either terminate the contract or sue Laura for breach of contract. Conclusion: It can be finally concluded that Master Arts is at the authority to terminate the contract however; Laura does not have the authority to proceed with any legal actions against them. References: Cases: Confetti Records V Warner Music Uk (2003). Curtis V Chemical Cleaning Co [1951] 1 KB 805. Dunlop v Selfridge (1915) AC 847. Hartley v Ponsonby (1857 ) 119 ER 1471, QB. Olley V Marlborough Court [1949] 1 KB 532. Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6. Pickfords Ltd v Celestica Ltd [2003] All ER (D) 265 (Nov). Thomas v Thomas (1842) 2 QB 851; 114 ER 330. Thornton V Shoe Lane Parking [1971] 1 All ER 686. Williams v Roffey Bros Nicholls (Contractors) Ltd [1989] EWCA Civ 5. Journals: Alschner, W., 2014. Regionalism and overlap in investment treaty law: Towards consolidation or contradiction?.Journal of International Economic Law,17(2), pp.271-298. Besley, T., 2015. Law, regulation, and the business climate: The nature and influence of the World Bank Doing Business project.Journal of Economic Perspectives,29(3), pp.99-120. Cartwright, J., 2016.Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing. Deakin, S., Gindis, D., Hodgson, G.M., Huang, K. and Pistor, K., 2017. Legal institutionalism: capitalism and the constitutive role of law.Journal of Comparative Economics,45(1), pp.188-200. Decarolis, F., 2014. Awarding price, contract performance, and bids screening: Evidence from procurement auctions.American Economic Journal: Applied Economics,6(1), pp.108-32. Hoeppner, S., Freund, L. and Depoorter, B., 2017. The Moral-Hazard Effect of Liquidated Damages: An Experiment on Contract Remedies.Journal of Institutional and Theoretical Economics JITE,173(1), pp.84-105. Kraakman, R. and Hansmann, H., 2017. The end of history for corporate law. InCorporate Governance(pp. 49-78). Gower. Masten, S.E. and Prfer, J., 2014. On the evolution of collective enforcement institutions: communities and courts.The Journal of Legal Studies,43(2), pp.359-400. Piccoli, B. and De Witte, H., 2015. Job insecurity and emotional exhaustion: Testing psychological contract breach versus distributive injustice as indicators of lack of reciprocity.Work Stress,29(3), pp.246-263. Roehrich, J. and Lewis, M., 2014. Procuring complex performance: Implications for exchange governance complexity.International Journal of Operations Production Management,34(2), pp.221-241.