song of solomon :: essays research papers

When Milkman goes to Pennsylvania to look for the gold, he was actually in search of his family’s past. One of the themes in the story is how the history of African Americans histories are not clear and unrecorded. The fact that the history of Milkman’s family history is so unclear and unrecorded he goes through a long journey to find it. Along the way he goes through many places and meets many people that help him find his family history. Milkman thought the bag that Pilate had was filled with the dead white mans gold, but when he reaches Pennsylvania he realizes that he is wrong. He found out the truth when he meets ancient Circe. Ancient Circe is a woman he meets and she represents a person who is linked to Milkman’s past. She was living through the Civil War and mid-wifed Macon and Pilates birth. Circe knew his ancestors and she told Milkman that the bones in the bag were her father’s bones. All this is too much for Milkman to believe without actual proof, so he travels to Virginia in hope to find the whole truth. Before Milkman could reach where he intended on going in Virginia, his car breaks down so he went to an auto shop in Shalimar, Virginia. In Shalimar heWhen Milkman goes to Pennsylvania to look for the gold, he was actually in search of his family’s past. One of the themes in the story is how the history of African Americans histories are not clear and unrecorded. The fact that the history of Milkman’s family history is so unclear and unrecorded he goes through a long journey to find it. Along the way he goes through many places and meets many people that help him find his family history. Milkman thought the bag that Pilate had was filled with the dead white mans gold, but when he reaches Pennsylvania he realizes that he is wrong. He found out the truth when he meets ancient Circe. Ancient Circe is a woman he meets and she represents a person who is linked to Milkman’s past.

Shottky diode

The Schottky diode is an important device which is widely used in radio-frequency (RF) applications. It possesses many similarities to the point-contact diode. In fact many of the early devices were made in the same way as a point-contact diode, although today's devices are made with totally different manufacturing techniques. Unlike conventional semiconductor diodes, which consist of a PN Junction, the Schottky diode is made from a metal semiconductor Junction.This offers a number of dvantages in some circumstances as the diode has a very low forward-voltage drop, and secondly it has a very fast switching speed. Both of these properties make it ideal for many RF applications as well as giving it uses in many other areas, as we shall see. Characteristics. The Schottky diode is what is called a majority carrier device. This gives it tremendous advantages in terms of speed. By making the devices small, the normal RC (resistancecapacitance) type time constants can be reduced, making the Schottky diode an order of magnitude faster than the conventional PN diodes.This factor is he prime reason why they are so popular in RF applications. The Schottky diode also has a much higher current density than an ordinary PN junction. This means that forward-voltage drops are lower, making these diodes ideal for use in powerrectification applications. The main drawback of the diode is found in the level of its reverse current, which is relatively high. For many uses this may not be a problem, but it is a factor which is worth watching when using Schottky diodes in more exacting applications. Variety of Applications.The Schottky diode is used in a wide variety of applications. It can naturally be used as a general-purpose rectifier. However, in terms of RF applications, it is particularly useful because of its high switching speed and high-frequency capability. Schottky diodes are similarly very good as RF detectors as their low capacitance and forward- voltage drop enable them to detect signals which an ordinary PN Junction would not It has already been mentioned that the Schottky diode has a high-current density and low forward-voltage drop. As a result, Schottky diodes are widely used in power supplies.By using these diodes, less power is wasted, making the supply more nd smaller heatsinks may be able to be incorporated in the design. The Schottky diode is used in logic circuits. Although not as common these days, the 74LS (low-power Schottky) and 74S (Schottky) families of logic circuits use Schottky diodes as a core component. The Schottky is inserted between the collector and base of the driver transistor to act as a clamp (see Fig. 2). To. produce a low or logic ‘O' output the transistor is driven hard on, and in this situation the base-collector junction of the diode is forward biased.When the Schottky diode is present, this akes most of the current and allows the turn-off time of the transistor to be greatly reduced, thereby improving the sp eed of the circuit.

Comparison between China and South Korea

Compare China to Taiwan, South Korea, or Russia (choose 1 or more) and discuss how a democratic transformation could occur, and what the most likely path to demagnification could be? (2000 words) Abstract This essay will compare China to South Korea and discuss how a democratic transformation could occur in South Korea. Also, I will discuss what would be the most likely path to demagnification of China. I am Intrigued by this topic since I am South Korean who currently live in Hong Kong, a part of China.To write this essay, I offered to online articles about China and South Korea. China and South Korea share East Aslant culture and Confucianism and thus have similarities but also have many differences. I will examine the demagnification history of South Korea and discuss whether demagnification of China would be possible and suggest possible ways of China being democratic. Readers of this essay will be informed and understand more about South Koreans political path and able to expect what may cause China to be democratic.Introduction China is a country with the biggest number of population of more than 1. 3 billion, which contributes one fifth of the global population. In terms of land area, China Is the second-largest country. China's place In the world Is getting bigger in a fast pace and It even threatens the power of U. S. If this fast economic growth of China goes on at this rate, It may even surpass U. S and become the largest economic power. Some argue that china already contributes to the growth of world economy more than the Currently, as the world leader, the U. S. As big responsibilities on the world and is very influential on other countries' matters. It intervenes with politics of other entries, sending military to solve conflicts in other countries and protecting and supporting their allies. For example, the U. S send military to Iraq in order to protect diplomatic facilities and personnel in Baghdad and there are about 37 thousands of the U. S so ldiers residing in South Korea in order to protect South Korea from possible attack by North Korea. Being world leader means ability to influence other countries' matters.But what if China becomes the world leader in future? There is a huge possibility of China becoming the world leader in future if we take into account the fact that China s the most populous country in the world. Will China be better leader than America? Will China more intervene in other countries' matters than the U. S. Do? Will the world become better or worse place if China take the leadership? My expectation is that if China becomes the world leader, China will intervene with other countries' affairs like the U. S. Do or more than what U. S. O. The outcome of Chinese intervention must be negative in my expectation, major because China is not democratic. ( I consider democracy as more advanced form of a government than authoritarian government. If we cannot stop China being more influential on the world affairs , will there be any way of China being democratic? Will China fare better with democracy? Method and materials I searched Google and Wisped with keywords such as China political system, China, South Korea, 4 19 revolution, Gangue movement, and June democratic uprising.Also, I used Korean Website called Never to find more about history of democracy establishment of Korea. Various articles regarding politics of China and South Korea are covered. Results and discussions Comparison between China and South Korea China had been a leader of East Asia which spread culture, philosophies and new innovations to Korea and Japan. Ancient Chinese considered themselves as the centre of the world and referred other countries around China as inferior tribes, referring them as barbarians.China called other countries and ethnic groups as (Eastern Barbarian), Barbarian), Barbarian) and (Northern Barbarian). Meanwhile, Chosen Dynasty of Korea, which existed Just before Japanese Occupation of South Korea , considered all other countries, except for China and Korea, as barbarians, especially disrespecting Japan. Ancient Koreans thought giggly of China as more developed country and had several cultural exchanges and trades. We can see that Chinese had strong prides about their country and Koreans showed special respect towards China.Although ancient china was one of the most developed countries in the world, Chinese economy had been stagnant after the Korea also adopted strong Confucianism, setting Confucianism as basic principles of governance, and regarded studying such as Science as somewhat unimportant compared to learning Confucianism value. Although China and Korea both thought highly of Confucianism, both of them were negatively impacted by it in fields of economy, politics and overall development. Both China and Korea have a history of Japanese invasion Just before the end of World War 2.Entire Korea was colonized by Japan between 1910 and 1945 and major cities in China were t aken over by the Japanese from 1937 to 1945. Both China and South Korea were impoverished and one of the poorest country in the world after World War 2, but achieved economic growth in the recent decades under authoritarian government, led by government, through industrialization and exports. South Korea is now almost developed country and China is currently the second largest economy of the world but still a developing country. South Korea produces and exports more technologically advanced goods than China.Now, China is rapidly developing but South Koreans development is slowed down. One of the major difference between South Korea and China is that South Korea is democratic while China is authoritarian government with civilian dictatorship. China is run by a single party, the Communist Party of China. South Korea has relatively free media and internet access. China is very different from South Korea when it comes to freeness of media and the internet. China blocks more than 2,700 w ebsites including Google, Backbone, and Youth and replaced them as their own version, used only among Chinese.China blocks these website in order for Chinese not to receive any external information that may make Chinese to go against the government. How democratic transformation could occur in South Korea The Republic of Korea was formally established on 15 August 1948, three years after Japanese government announced surrender to the Allies in World War 2. In constitution, it was written that South Korea is democratic republic but it was not in reality. There are three big movements which contributed to demagnification of South Korea, namely, April 19 Revolution, Gangue uprising, and June Democratic Uprising.April 19 Revolution happened against 1960 vice fraudulent presidential election manipulated by by-then president Rhea. Students and citizens protested against dictatorship of by-then president Rhea which resulted in resignation of Rhea. However, South Korea was soon under dictat orship again by Park Chunk-he who launched a coup d' ©tat and established military government. Gangue uprising or May 18th Democratic uprising is a movement in 1980, in which Gangue citizens took up weapons against government troops when the government June Democratic Uprising happened in June 1987.Large-scale protests by citizens resulted in elections being hold and occurrence of democratic reforms which caused establishment of present democracy of South Korea. Thus, this movement can be viewed as the most significant milestone for establishment of democracy in South Korea. South Koreans democracy was achieved by students' and citizens' demonstrations. The intensity of demonstration for democracy strengthened and number of people participating in movements increased as time passes during sass to sass South Koreans establishment of democracy was followed by economic growth.South Koreans democracy was achieved by students' and citizens' demonstrations. According to a reach done by Robert Barron, in general, increase in average income is followed by increase in level of democracy. South Korea is one of the cases. As average income rises, there are more voices for democracy. One possible explanation for this phenomenon is that as income rises, citizens do not worry much about making a living anymore and start to care about right which they had neglected. Democracy confers more right to citizens than authoritarian regimes.Democracy is desirable In my opinion, democracy is superior to autocracy is that democracy. In democracy, citizens are able to elect or fire their leaders in a regular basis, resulting in having a proper leader who can guide the nation to path of economic growth and good governance. Also, a government represent civilians and protects individual right with decentralized, local government bodies. Also, freedom is often associated with democracy. Democratic country grants citizens freedom of speech and expression, freedom of religion and free medi a and press.In non-democratic country, the media is usually not free, and any expression against the government may cause one to be imprisoned. In democracy, people's will can be expressed though elections and normal citizens can participate in politics. Democracy values cooperation and compromise regardless of gender, age, ethnic group, religion and all other different categories of groups. Democratic government tries to listen to voices of all communities, protecting rights to be different. Chinese government does not want democracy As China is getting more important in the global community, it is becoming more influential on other countries.One thing that I am worried about a situation in which China being leader of the world is that China is not democratic and it may influence there countries to follow a government form of China's authoritarian regime or impede other countries being democratic. If China becomes the world leader, some countries' government might take step back to worse form of governance. In 2005, Beijing released its first white paper on political democracy but stated that their democracy is a â€Å"Socialist democracy with Chinese characteristics†.The communist parties and thus they subdue any opposition movements. Also, China is comprised of majority of Han Chinese and 55 other ethnic minority groups. China includes areas like Tibet, Jinxing and Hong Kong, regions not integrated into Chinese culture. If Chinese government do not block websites such as Google, Youth and Backbone, it will be more difficult for them to govern these areas since Chinese in other regions may hear the news of protests for independence in these areas and there might be people in other areas who listen to their voices.Freedom of media is one of important characteristics of democracy. If China chooses to be democratic, media will be freer and it is disadvantageous to Chinese government. There will be higher possibility of Tibet and Jinxing to be independent and Chinese government obviously do not want that. It can be concluded that authoritarianism in China might be a necessary evil. China may be democratic in the long run When we consider the Communist Party firm grip on power, demagnification may not occur in near future.However, As I mentioned earlier, rise in average income result in increase of people wanting democracy. It can be expected that Chinese people will want democracy more as average income rises, as time passes. Also, as Chinese become more affluent, they will travel or study at developed countries which have democracy and learn benefits of democracy. They may want democracy back at home. 989 Chinese Democracy Movement 2011 and Chinese pro-democracy protests show that some Chinese already want democracy.In the long run, as time passes, Chinese government might be unable to maintain current authoritarian policies of government as there will be stronger demands for democracy from its citizens and there will be larger-sca le demonstrations for democracy. It may needs to continuously make more democratic political reforms such as giving citizens more freedom of speech, or loosening censorship on media and the internet, allowing Chinese citizens' access to websites such as Backbone, Google and Youth. Conclusion Democracy has been accompanied with capitalism and free market in many countries.

Drama & horror Essay

Dickens gives more drama/horror to what the convict is saying by telling Pip he can ‘attempt to hide’ from the young man. He tells Pip he can ‘lock the door’, ‘be warm in bed’, ‘think himself comfortable and safe’, but the young man will find him and ‘tear him open’. Dickens uses words such as ‘safe’ and ‘warm’ to create a comforting mood to the reader and to Pip, which accentuates the drama and violence of the end ‘tear him open. ‘ This terrifies Pip as the convict makes it seem that the small boy cannot even be safe in his own home/familiar surroundings. The phrase â€Å"I am keeping that man from harming you at the present moment, with great difficulty,† makes the atmosphere even more erie as it sounds as if the man is so vicious it is hard to hold him back. In the next part of the story Dickens describes Pip watching the convict leaving the churchyard. Again we see a description of this horrible bleak place (i. e. ‘Among the nettles’ – ugly, harmful plants and ‘among the brambles’ – thorns, sharp, portraying the landscape). However this time we see how the surrounding’s depression have had an effect on the convict. For the first time we see a more hurt and vulnerable side of the convict. Pip describes him as hugging his ‘shuddering body’, ‘as if to hold himself together’, making the convict seem dishevelled and is if he is falling apart. He is also obviously feeling pain and loneliness, along with Pip and their environment. Next, dickens creates an extreme atmosphere of Pip being in a terrifying and hostile place with the description of ‘he looked in my young eyes as if he were eluding the hands of dead people, stretching up cautiously out of their graves, to get a twist upon his ankle and pull him in†. This graphic and scary description coming from a young boy suggests Pip also has been affected by his hostile surroundings. It also gives a sense that the convict is close to death (being dragged into graves). In the last section of the chapter, dickens creates a very dramatic visual image of Pip looking out at his surroundings. Dickens creates a striking vision of hell by describing Pip seeing the marshes as ‘a long black horizontal line’, then the rivers as another, ‘yet not nearly so broad, yet not so black’ and then the sky as ‘just a row of long angry red lines and dense black lines intermixed. ‘ The descriptions of the colours red and black portray the vision of hell as the black represents death and the red blood/danger, these are colours often associated with pain, death and hell. Dickens describes the lines as ‘angry’, also suggesting the atmosphere is uneasy and volatile (like hell). Dickens adds to the drama of the description by adding the image of the gibbet (associated with death). We can see how Pip must be frightened as we can relate to the horror of this well-decorated/descripted image. We also see Pip having a childlike imagination, when he pictures the convict being a dead pirate to which the chains on the gibbet ‘had once held’. The chapter ends on an uneasy note, with Pip announcing his fear (‘Now I was frightened again’), bringing a sense of reality to the chapter, then him ‘running home without stopping’. This leaves the chapter full of mystery and encourages readers to find out what happens to Pip.

Contract Act 1872

Legal Aspects Of Business – Indian Contracts Act 1872 Indian Contract Act 1872 is the main source of law regulating contracts in Indian law. CitationAct No. 9 of 1872 Enacted byParliament of India Date enacted25 April 1872 Date commenced1 September 1872 The law relating to contracts in India is contained in Indian Contract Act, 1872. The Act was passed by British India and is based on the principles of English Common Law. It is applicable to the All States of India except the State of Jammu & Kashmir. It determines the circumstances in which promise made by the parties to a contract shall be legally binding on them.All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties in India. History The Indian Contract Act came into force on 1 September 1872. It Was Enacted Mainly With a View To ensure Reason able Fulfillment of Expectation Created By the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.The Third Law commission of British India formed in 1861 under the stewardship of chairman Sir John Romilly, with initial members as Sir Edward Ryan, R. Lowe, J. M. Macleod, Sir W. Erle (succeeded by Sir. W. M. James) and Justice Wills (succeeded by J. Henderson), had presented the report on contract law for India as Draft Contract Law (1866). The Draft Law was enacted as The Act 9 of 1872 on 25 April 1872 and the Indian Contract Act, 1872 came into force with effect from 1 September 1872. Before the enactment of the Indian Contract Act, 1872, there was no codified law for contract in India.In the Presidency Towns of Madras, Bombay and Calcutta law relating to contract was dealt with the Charter granted in 1726 by King George I to the East India Company. Thereafter in 1781, in the Presidency Towns, Act of Settlement passed by the B ritish Government came into force. Act of Settlement required the Supreme Court of India that questions of inheritance and succession and all matters of contract and dealing between party and party should be determined in case of Hindu as per Hindu law and in case of Muslim as per Muslim law and when parties to a suit belonged to different persuasions, then the law of the defendant was to apply.In outside Presidency Towns matters with regard to contract was mainly dealt with English Contract Laws; the principle of justice, equity and good conscience was followed. Development The Act as enacted originally had 266 Sections, it had wide scope and included. General Principles of Law of Contract::::::::: 1 to 75 Contract relating to Sale of Goods::::::::::::76 to 129 Special kinds of Contracts (includes indemnity, guarantee, bailment & pledge:::::::::::::::::125 to 238 Contracts relating to Partnership::::::::::::239 to 266 Indian Contract Act embodied the simple and elementary rules rel ating to Sale of goods and partnership. The developments of modern business world found the provisions contained in the Indian Contract Act inadequate to deal with the new regulations or give effect to the new principles. Subsequently the provisions relating to the sale of goods and partnership contained in the Indian Contract Act were repealed respectively in the year 1930 and 1932 and new enactments namely Sale of Goods and Movables Act 1930 and Indian Partnership act 1932 were re-enacted. At present the Indian Contract Act includes:General Principles of Law of Contract:::::: 1 to 75 Special kinds of Contracts (includes indemnity, guarantee, bailment & pledge::::::::::::::::::::::::::125 to 238 Definition Section 2(h) of the Act defines the term contract as â€Å"any agreement enforceable by law†. There are two essentials of this act, agreement and enforceability. Section 2(e) defines agreement as â€Å"every promise and every set of promises, forming the consideration for each other. † Again Section 2(b) defines promise in these words: â€Å"when the person to whom the proposal is made signifies his assent there to, the proposal is aid to be accepted. Proposal when accepted, becomes a promise. † And other words Say Agreement is Sum of all contract are agreement, but all agreement are not contract.. ?CONTRACT=AGREEMENT+ENFORCEABLE BY LAW( LAW) Essential Elements of a Valid Contract According to Section 10, â€Å"All agreements are contracts, if they are made by the free consent of the parties, competent to contract, for a lawful consideration with a lawful object, and not hereby expressly to be void. † Essential Elements of a Valid Contract are: 1.Proper offer and proper acceptance. there must be an agreement based on a lawful offer made by person to another and lawful acceptance of that offer made by the latter. section 3 to 9 of the contract act, 1872 lay down the rules for making valid acceptance 2. Lawful consideration: An agr eement to form a valid contract should be supported by consideration. Consideration means â€Å"something in return† (quid pro quo). It can be cash, kind, an act or abstinence. It can be past, present or future. However, consideration should be real and lawful. 3.Competent to contract or capacity: In order to make a valid contract the parties to it must be competent to be contracted. According to section 11 of the Contract Act, a person is considered to be competent to contract if he satisfies the following criterion: The person has reached the age of maturity. The person is of sound mind. The person is not disqualified from contracting by any law. 4. Free Consent: To constitute a valid contract there must be free and genuine consent of the parties to the contract. It should not be obtained by misrepresentation, fraud, coercion, undue influence or mistake. . Lawful Object and Agreement: The object of the agreement must not be illegal or unlawful. 6. Agreement not declared voi d or illegal: Agreements which have been expressly declared void or illegal by law are not enforceable at law; hence they do not constitute a valid contract. 7. Intention To Create Legal Relationships:- when the two parties enter in to an agreement,there must be intention to create a legal relationship between them †¦ if there is no such intention on the part of the parties .. there is no contract between them .. greements of a social or domestic nature do not contemplate legal relationship;as such they are not contracts. 8. Certainty, Possibility Of Performance 9. Legal Formalities 10. By surety Types of contracts On the basis of validity: 1. Valid contract: An agreement which has all the essential elements of a contract is called a valid contract. A valid contract can be enforced by law. 2. Void contract[Section 2(g)]: A void contract is a contract which ceases to be enforceable by law. A contract when originally entered into may be valid and binding on the parties. It may su bsequently become void. There are many judgments which have stated that where any crime has been converted into a â€Å"Source of Profit† or if any act to be done under any contract is opposed to â€Å"Public Policy† under any contract—than that contract itself cannot be enforced under the law- 3. Voidable contract[Section 2(i)]: An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of other or others, is a voidable contract. If the essential element of free consent is missing in a contract, the law confers right on the aggrieved party either to reject the contract or to accept it.However, the contract continues to be good and enforceable unless it is repudiated by the aggrieved party. 4. Illegal contract: A contract is illegal if it is forbidden by law; or is of such nature that, if permitted, would defeat the provisions of any law or is fraudulent; or involves or implies injury to a person or proper ty of another, or court regards it as immoral or opposed to public policy. These agreements are punishable by law. These are void-ab-initio. â€Å"All illegal agreements are void agreements but all void agreements are not illegal. † 5.Unenforceable contract: Where a contract is good in substance but because of some technical defect cannot be enforced by law is called unenforceable contract. These contracts are neither void nor voidable. On the basis of formation: 1. Express contract: Where the terms of the contract are expressly agreed upon in words (written or spoken) at the time of formation, the contract is said to be express contract. 2. Implied contract: An implied contract is one which is inferred from the acts or conduct of the parties or from the circumstances of the cases.Where a proposal or acceptance is made otherwise than in words, promise is said to be implied. 3. Quasi contract: A quasi contract is created by law. Thus, quasi contracts are strictly not contracts as there is no intention of parties to enter into a contract. It is legal obligation which is imposed on a party who is required to perform it. A quasi contract is based on the principle that a person shall not be allowed to enrich himself at the expense of another. On the basis of performance: 1. Executed contract: An executed contract is one in which both the parties have performed their respective obligation. . Executory contract: An executory contract is one where one or both the parties to the contract have still to perform their obligations in future. Thus, a contract which is partially performed or wholly unperformed is termed as executory contract. 3. Unilateral contract: A unilateral contract is one in which only one party has to perform his obligation at the time of the formation of the contract, the other party having fulfilled his obligation at the time of the contract or before the contract comes into existence. 4.Bilateral contract: A bilateral contract is one in whic h the obligation on both the parties to the contract is outstanding at the time of the formation of the contract. Bilateral contracts are also known as contracts with executory consideration. Offer Proposal is defined under section 2(a) of the Indian contract Act, 1872 as â€Å"when one person signifies to another his willingness to do or to abstain from doing anything with a view to obtain the assent of that other to such act or abstinence, he is said to make a proposal/offer†. Thus, for a valid offer,the party making it must express his willingness to do or not to do something.But mere expression of willingness does not constitute an offer. An offer should be made to obtain the assent of the other. The offer should be communicated to the offeree and it should not contain a term the non compliance of which would amount to acceptance. Classification of Offer 1. General Offer: Which is made to public in general. 2. Special Offer: Which is made to a definite person. 3. Cross Of fer: Exchange of identical offer in ignorance of each other. 4. Counter Offer: Modification and Variation of Original offer. 5. Standing, Open or Continuing Offer: Which is open for a specific period of time.The offer must be distinguished from an invitation to offer. Invitation to offer â€Å"An invitation to offer† is only a circulation of an invitation to make an offer, it is an attempt to induce offers and precedes a definite offer. Acceptance of an invitation to an offer does not result in formation of a contract and only an offer emerges in the process of negotiation. A statement made by a person who does not intend to bound by it but, intends to further act, is an invitation to offer. Acceptance According to Section 2(b), â€Å"When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. Rules: 1. Acceptance must be absolute and unqualified. 2. Communicated to offeror. 3. Acceptance must be in the mode prescribed. 4. Acceptance must be given within a reasonable time before the offer lapses. 5. Acceptance by the way of conduct. 6. Mere silence is no acceptance. Silence does not per-se amounts to communication- Bank of India Ltd. Vs. Rustom Cowasjee- AIR 1955 Bom. 419 at P. 430; 57 Bom. L. R. 850- Mere silence cannot amount to any assent. It does not even amount to any representation on which any plea of estoppel may be founded, unless there is a duty to make some statement or to do some act 7. ffree and offerer must be consent Lawful consideration According to Section 2(d), Consideration is defined as: â€Å"When at the desire of the promisor, the promisee has done or abstained from doing, or does or abstains from doing, or promises to do or abstain something, such an act or abstinence or promise is called consideration for the promise. â€Å"Consideration† means to do something in return. In short, Consideration means quid pro quo i. e. something in return. An agreement must be supported by a lawful consideration on both sides. The consideration or object of an agreement is lawful, unless and until it is: forbidden by law, or s of such nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the court regards it as immoral, or opposed to public policy. consideration may take in any form-money,goods, services, a promise to marry, a promise to forbear etc. Contract Opposed to Public Policy can be Repudiated by the Court of law even if that contract is beneficial for all of the parties to the contract- What considerations and objects are lawful and what not-Newar Marble Industries Pvt.Ltd. Vs. Rajasthan State Electricity Board, Jaipur, 1993 Cr. L. J. 1191 at 1197, 1198 [Raj. ]- Agreement of which object or consideration was opposed to public policy, unlawful and void- – What better and what more can be an admission of the fact that the consideration or object o f the compounding agreement was abstention by the board from criminally prosecuting the petitioner-company from offence under Section 39 of the act and that the Board has converted the crime into a source of profit or benefit to itself.This consideration or object is clearly opposed to public policy and hence the compounding agreement is unlawful and void under Section 23 of the Act. It is unenforceable as against the Petitioner-Company. Competent to contract Section 11 of The Indian Contract Act specifies that every person is competent to contract provided: 1. He should not be a minor i. e. an individual who has not attained the age of majority i. e. 18 years. 2. He should be of sound mind while making a contract. A person with unsound mind cannot make a contract. 3. He is not a person who has been personally disqualified by law. 4. not pardanashin women.Free Consent According to Section 14, † two or more persons are said to be consented when they agree upon the same thing in the same sense (Consensus-ad-idem). A consent is said to be free when it is not caused by coercion or undue influence or fraud or misrepresentation or mistake. Elements Vitiating free Consent 1. Coercion (Section 15): â€Å"Coercion† is the committing, or threatening to commit, any act forbidden by the Indian Penal Code under(45,1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. . Undue influence (Section 16): â€Å"Where a person who is in a position to dominate the will of another enters into a contract with him and the transaction appears on the face of it, or on the evidence, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in the position to dominate the will of the other. † 3.Fraud (Section 17): â€Å"Fraud† means and includes any act or concealment o f material fact or misrepresentation made knowingly by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto of his agent, or to induce him to enter into the contract. 4. Misrepresentation (Section 18): † causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement†. 5.Mistake of fact (Section 20): â€Å"Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void†. Performance Of Contracts The promise under a contract can be performed, as the circumstances may permit, by the promisor himself, or by his agent or his legal representative. 1. Promisor himself: â€Å"The contracts which involve the exercise of personal skill must be performed by the promisor himself. 2. Agent: â€Å"Where personal skill is not required, the promisor may appoint his agent to perf orm it. . Representatives: â€Å"On the death of the promisor, the legal heirs of the promisor must perform the contract unless a contrary intention appears in the contract. (section 37) 4. Third persons: â€Å"When a promisee accepts performance from a third person, he cannot afterwards enforce it against promisor†. 5. Joint promisors: â€Å"When two or more persons have made a joint promise, all such persons must jointly fulfil the promise, unless a contrary intention appears from it†. AgencyIn law, the relationship that exists when one person or party (the principal) engages another (the agent) to act for him, e. g. to do his work, to sell his goods, to manage his business. The law of agency thus governs the legal relationship in which the agent deals with a third party on behalf of the principal. The competent agent is legally capable of acting for this principal vis-a-vis the third party. Hence, the process of concluding a contract through an agent involves a two fold relationship.On the one hand, the law of agency is concerned with the external business relations of an economic unit and with the powers of the various representatives to affect the legal position of the principal. On the other hand, it rules the internal relationship between principal and agent as well, thereby imposing certain duties on the representative (diligence, accounting, good faith, etc. ). Under section 201 to 210 an agency may come to an end in a variety of ways: (i) By the principal revoking the agency – However, principal cannot revoke an agency coupled with interest to the prejudice of such interest.Such Agency is coupled with interest. An agency is coupled with interest when the agent himself has an interest in the subject-matter of the agency, e. g. , where the goods are consigned by an upcountry constituent to a commission agent for sale, with poor to recoup himself from the sale proceeds, the advances made by him to the principal against the security of the goods; in such a case, the principal cannot revoke the agent’s authority till the goods are actually sold, nor is the agency terminated by death or insanity. Illustrations to section 201) (ii) By the agent renouncing the business of agency; (iii) By the business of agency being completed; (iv) By the principal being adjudicated insolvent (Section 201 of The Indian Contract Act. 1872) The principal also cannot revoke the agent’s authority after it has been partly exercised, so as to bind the principal (Section 204), though he can always do so, before such authority has been so exercised (Sec 203).Further, as per section 205, if the agency is for a fixed period, the principal cannot terminate the agency before the time expired, except for sufficient cause. If he does, he is liable to compensate the agent for the loss caused to him thereby. The same rules apply where the agent, renounces an agency for a fixed period. Notice in this connection that want of skill con tinuous disobedience of lawful orders, and rude or insulting behavior has been held to be sufficient cause for dismissal of an agent.Further, reasonable notice has to be given by one party to the other; otherwise, damage resulting from want of such notice, will have to be paid (Section 206). As per section 207, the revocation or renunciation of an agency may be made expressly or impliedly by conduct. The termination does not take effect as regards the agent, till it becomes known to him and as regards third party, till the termination is known to them (Section 208). When an agent’s authority is terminated, it operates as a termination of subagent also. (Section 210)

Beliefs Taken to the Extremes

Believing extreme faith is a fundamental characteristic of man. Faith in many things is a factor that helps people keep on living. Religion is one of the most powerful powers of human emotions, and these emotions often create dangerous situations. When people's religious beliefs reach an extreme level, innocent people may be hurt. There was an example of such a case in history. From the Inquisition in Israel to the battle in Ireland, the recent events in the World Trade Center, people have seen extreme religious beliefs. I think Christians argue that they believe extreme things. To become extreme. Even simple beliefs on monotheism can not be measured. In a sense, there are God, God, Almighty, omniscience, ubiquitous - creator of the universe. This is a belief that shakes the foundation of the earth. But who do you believe? In theology, many people believe it. But they do not believe in their beliefs. They will be questioned to believe what they believe. I believe in God. I believe in God. What does this mean, is there a god? How does this affect me? What does that mean for my reality? Believing extreme faith is a fundamental characteristic of man. Faith in many things is a factor that helps people keep on living. Religion is one of the most powerful powers of human emotions, and these emotions often create dangerous situations. When people's religious beliefs reach an extreme level, innocent people may be hurt. There was an example of such a case in history. Unlike professional sports, from university hearings to suicide bombers, college sports are very violent and unaffiliated by university stakeholders. Before 1850 there was nothing like university sports. College staff knows that students are seeking physical liberation, so the way to cope with the epidemic is through physical labor. They allow students to cultivate or cleanse debris from the university campus. University officials think this is positive as this gives the students body.

Research Paper Example | Topics and Well Written Essays - 750 words - 3

Research Paper Example (Jaswal et.al, 2009) The implications of this finding are quite profound, for it alters the way developmental cognitive science is understood. Neuro-linguists have believed that the first five to seven years of a child’s life are vital to a proper development of the language faculty. And this study by Jaswal, et.al, only goes on to confirm and add new dimension to this thesis. In the experiments conducted by the research team, common objects familiar to children – such as tooth brush, toy car, key, cup, etc – are used in a way to create category confusion in their minds. For example, a pen which resembles a tooth brush, a shoe that resembles a toy car, a spoon that looks like a key, are exposed to children to challenge and contest their prior understanding of an object’s function and label. ... The results further showed that â€Å"Children made appearance-based inferences about the typical and hybrid items on 98% and 100% of trials, respectively. When E2 (experimenter no.2) later asked about the names of those items, children responded by providing labels that matched their appearances on 97% of the trials for the typical items and 100% for the hybrids. For example, children used both the typical key and the key-like object to start the car and later called both ‘‘keys,† and they used the typical spoon to eat cereal from the bowl and called it a ‘‘spoon.† (Jaswal et.al, 2009) This clearly illustrates that hybrid objects are identified as members of pre-existing categories in the mind. Even while hybrid objects carried features from two different categories, children were able to ‘convert’ them into the requisite category – namely the category that the object was designed to resemble the most. The findings of this exp eriment helps psychologists understand how memory gets formed in children. Labeling of objects and cognitive processes that go behind the labeling eventually determine the ability of children to retain and recollect labels. Hence, when children learn something that is counterintuitive, they tend to misremember this information, leading to poor recall. This has ramification for instructional designers and educational psychologists as they try and device effective ways of transferring information in the classroom. This inherent preference for conversion over compliance extends to early moral instruction received from parents and teachers too. That is, when children are taught about simple rules of right