The Law of Contract Assignment Essay Example | Topics and Well Written Essays - 750 words

The Law of Contract Assignment - Essay Example The legal issues to be addressed are, whether the shop can rely on the exclusion clause and whether Laura has any remedy to recover the damages for the loss caused to her due to the fire in her hairdressing salon from Electro Mart. Laura has to establish that the shop owner cannot rely on the exemption clause in the standard terms of the contract. An exemption clause in a contract purports to exclude liability of one of the parties to the contract, under certain circumstances. The Statute sets out that no contract term can exclude or limit liability in any way for negligently causing death or injury1. Furthermore, if there is other loss or damage, liability for negligence cannot be excluded or restricted if the term of notice is unreasonable. Finally, if a contract term or notice makes efforts to exclude or restrict liability for negligence, agreement to or awareness of this is not of itself to be taken as indicative of the voluntary acceptance of any risk2. Laura was misled by the s hop assistant in respect of the usage of the stereo with the small capacity speakers at her salon. ... n clauses may be particularly harmful in consumer contracts, where the disequilibrium between the bargaining positions of the parties may be substantial."3This constitutes the reason for the existence of statutory controls on exclusion clauses, like the Unfair Contract Terms Act 1977 (UCTA) and the Unfair Terms of the Consumer Contract Regulations 1999 (UTCCR). The UCTA applies to the contract for the purchase of the stereo by virtue of section 1(3) which states that the Act applies to business liability which is defined as "liability for breach of obligations or duties arising from things done or to be done in the course of a business". The contract entered by Laura is included by virtue of section 3 which covers consumer contracts and section 12 which states that a person deals as a consumer if she neither makes the contract in the course of a business nor holds herself out as doing so and the shop owner makes the contract in the course of business. It is essential to establish that Laura is a consumer. Laura had purchased the Stereo for use at her flat and also at her Hairdressing Salon; also she does not purchase and sell Stereos. This is borne out by the case of R&B Customs Brokers Co Ltd v United Dominion Trust Ltd, in which the contract excluded liability for breach of certain statutory implied terms and the exclusion clause, was subject to section 6 of the UCTA. The Court of Appeal held that the purchase of the car was only incidental to the company's business activity, which meant that the purchase was not made in the course of business and so the plaintiff company was dealing as a consumer. Thus the defendant could not exclude liability for the breach of implied terms4. Reasonableness in respect of contract terms is clarified in section 11, which states

Management - Class Reflection Research Paper Example | Topics and Well Written Essays - 1250 words

Management - Class Reflection - Research Paper Example The last and the most important area is the way to write a flawless dissertation in a cohesive way. The Course Content and Outcome This course has provided me in depth knowledge into the various aspects of research process, and also various forms of research. Evidently, the course gives adequate knowledge about the various aspects of research according to American Psychological Association. It also teaches how to do literature review, various aspects of grammar, and also how to develop a good dissertation. The very first thing I learnt is the use of action research. Contrary to my view that research is something different from doing things practically, the course made me learn how it is possible to ‘learn while doing’ through action research. Also, for the first time, I realized that action research is different from other forms of research in the fact that it turns the people involved into active researchers too. Te researchers do things, observe changes, make modificat ions, and try again until a solution is reached. As Greenwood (1999, pp. 85-87) points out, the research takes place in real life situations and the solutions too come out in real life situations; not in just theory as it often happens with other forms of research. Also, I gained the idea how important it is to have the principles of reflexive critique. As Mike (2007) states, the term ‘reflexive critique’ means to reflect on issues and processes and to make explicit the interpretations, biases, assumptions, and concerns upon which judgments are reached. This is important to do because truth is relative to the teller. This helps developing theoretical considerations from practical accounts. In addition are the factors like dialectical critique and collaborative resources. Thus, I learnt the fact that action research is very useful in such real life situations like a workplace to solve real life problems. As Rehm and Cebula (1996, pp. 1-3) point out, another vital point i s the use of the Search Conference tool which can be effectively utilized in various organizations. Two other research areas explained are qualitative research and quantitative research. Sukamolson (n.d) opines that while qualitative research is about counting and measuring things, producing averages and differences in numbers. Qualitative research stems from social science and hence, is more concerned about people’s knowledge, attitudes, behaviors, beliefs, and fears. In addition, the course made me understand how qualitative research is more useful in identifying a large number of hidden attitudes and values that will be missed in qualitative research. For example, while quantitative research will help in identifying a trend, qualitative research will be required to find the reason behind that trend (QSR International, 2011). In addition, the study gave an insight into various forms of data collection in qualitative research. They are focus groups, direct observation, and i n depth interviews. Some other methods used in qualitative research are diary methods, role play, simulations, and case studies. Also the course helped me understand how difficult it is to conduct an extensive qualitative research as it is more labor intensive than other forms of research. Some other problems as connected to qualitative research are lack of generalizability, possibility of research bias influencing the observation, and poor reproducibility of the

Brazilian Real Currency Report Research Paper Example | Topics and Well Written Essays - 1000 words

Brazilian Real Currency Report - Research Paper Example The objective of this paper is to shed some light on the key factors affecting the behavior (in terms of appreciation) of the real, and specifically to evaluate the extent to which the expanding size of Brazil’s oil sector in the economy has influenced the explanation of these events. Oil production in Brazil has been growing strongly since the turn of the millennium. A variety of energy policies which brought competition in the oil market and abolished subsidies to price controls and imports has supported these developments. This is despite the fact that the industry is still dominated by Petrobas, the state-owned corporation (Kumar 25). Going forward, Brazil’s economy is likely to become increasingly dependent on oil production, particularly of offshore oil, for both local use and export (Guimara?es 19). Petrobas discovered huge oil reserves that have been estimated to have the capability to double the country’s current reserves, propelling the country to among the top 10 countries with respect to oil reserves alone. Oil developments have had a significant impact in explaining the movements of exchange rates, in addition to traditional factors. In a majority of equations, the productivity differential and net foreign assets have been found to be crucial determinants of the true effective exchange rate in the long-term (Kumar 47). Net foreign assets have also been found to be the factor affecting the most exchange-rate fluctuations in the short term. Oil production appears to be significant for movements in the real effective exchange rate in the long term. The case is similar in the oil export and the two standards of the terms of trade. In the short term, however, these variables appear to have an insignificant, if not fairly limited impact (World Trade Press 44). Exchange Rate Regime Brazil has implemented a governed floating exchange rate regime. This means that the exchange rate is free-floating and can shift daily in line with the su pply and demand in the market. If necessary, the Brazilian Central Bank can intervene in exchange rate. Interventions occur in 3 conditions: to manage extreme volatility that may affect the market’s normal functioning; to rectify monetary and localized instability in liquidity; and to grow foreign exchange rate reserves (Frieden & Stein 37). Balance of Payments (BOP) Position The Central Bank of Brazil (CBB), via the Balance of Payments Division of its Economic Department, is tasked with responsible for compiling, monitoring, and analyzing Brazil's balance of payments data (Frieden & Stein 74). In addition to this, it publishes and disseminates this data. The primary sources of information for compiling the entries of balance of payments goods are reports from the Secretariat of Federal Revenue of the Ministry of Finance, the Foreign Trade Secretariat of the Ministry of Development, Foreign Trade, and Industry. For other BOP transactions, the primary source is the exchange re cord a comprehensive statement of the exchange operations compiled by the Central Bank of Brazil’s Foreign Capital and Exchange Department and reported by the country’s banks. Brazil’s current BOP, in US dollars, is -52, 480,127,065 (Kumar 84). Purchasing Power Parity Brazil’s current purchasing power parity is $2.362 trillion (2012 estimates) (Guimara?es 59). Interest

Use of Literary Elements in Slaughterhouse-Five Essay Example for Free

Use of Literary Elements in Slaughterhouse-Five Essay Slaughterhouse-Five 1993. The true test of comedy is that it shall awaken thoughtful laughter. Choose a novel, play, or long poem in which a scene or character awakens thoughtful laughter in the reader. Write an essay in which you show why this laughter is thoughtful and how it contributes to the meaning of the work. English author George Meredith wrote, â€Å"The true test of comedy is that it shall awaken thoughtful laughter.† Slaughterhouse-Five would have been quite the comedy in Meredith’s eyes, because it is an extremely satirical work. Satire is writing that ridicules human weakness in order to bring about social reform. Ridicule, in this case, is humorous mockery of something, making people thoughtfully laugh about the situations which these characters find themselves in. In the Kurt Vonnegut novel Slaughterhouse-Five, the main character Billy wants only to have a normal American life, but his studies to become an optometrist are interrupted by his being drafted into the army during World War II and, as a prisoner of war, experiences the tragic bombing of Dresden. Then, he begins regular travels to the planet Tralfamadore. He also begins to become â€Å"unstuck in time;† he is time traveling. This essay discusses the use of satire in Slaughterhouse-Five to communicate to the reader the themes which are addressed in the book. In chapter four of Slaughterhouse-Five, satire is used through the comic depiction of a war film depicting the process of dropping bombs, all the way from mining the materials needed to make the bombs, to dropping them, to the planes landing back where they came from (74-75). This film, though, is described as it played backwards, as if somebody is rewinding a VHS cassette. Comic relief is the inclusion of something humorous often to heighten the emotional impact by means of contrast. The war film, when played backwards, conveys a very serious topic, but is lightened by the diverting and comical description of the reverse playing of the film. Comic relief is used to make the reader laugh and pay attention to what in other situations would be a very dry and boring scene, and likely think about it later. This part of the story addresses the destruction of war, a main theme  of Slaughterhouse-Five. By the use of comic relief, the reader is forced not to ignore the scene for fear of having to think about the destruction of war, satirically pointing out the reader’s distaste for tough topics such as the destruction of war. It also explicitly, yet not grossly, highlights the destruction of, specifically, dropping bombs as a wartime tactic. Farce is a comedy characterized by improbable plot situations, exaggerated characters, and broad satire. In Slaughterhouse-Five, one of the many instances of farce is the character Howard W. Campbell, Jr. (128-131). Campbell is an ex-prisoner of war who has turned his support to the Germans and is trying to form a unit of Americans who shift their allegiance to the Germans to fight against the Russian Communists. In his ridiculous and highly symbolic outfit, he tries to appeal to the American prisoners of war his ideas that the Germans are fighting for many of the same purposes as the Americans: against the Communists. Because of the outrageous and funny nature of Campbell, one is forced to think about the rash idealism which he stands for. Farce in this situation is used to denounce the metanarratives that are taught in war. It first emphasizes the craziness of the German ideal, and then the dogmatic wills of the Americans who do anything to reiterate their hatred for Communists. Then, when Edgar Derby, the leader of the American prisoners of war, stands up to speak against Campbell, the section is used to denounce the post-World War I anti-German metanarrative. Black comedy is the combining of morbid and serious topics with elements of low comedy to underscore the senseless futility of life. It is used as a form of comic relief in Slaughterhouse-Five while Billy is on a plane on the way to the convention of optometrists (155-156). His father-in-law asks the barbershop quartet to sing his favorite song. The song is quite comical and uses lots of low humor, such as cursing and parodying Polish accents. This reminds the author of a very serious time when Billy saw a Polish man being hanged in the street during World War II for having sexual intercourse with a German woman. The reader is pulled in by the funny song which is then related to the very serious topic of racial discrimination and hate. This connects to the theme of the terribleness of racial hatred. Irony is something that is opposite of what is meant, what is supposed to happen, or what makes sense. In Slaughterhouse-Five, irony occurs in the Kilgore Trout story about Jesus (109). He is a nobody, and for fun, the Romans crucify him. Then, they realize that he is the son of God and that he was an unfortunate person to kill. This causes the reader to rethink everything they have thought about the the gospel of Jesus Christ and free will, and also to laugh about their ignorance of this new idea of what really happened in the beginning of the New Testament. The theme addressed by this short story is that nobody is completely sure of what is going on, and somebody else such as God must be in charge, thus, there is no free will. Many themes are addressed in Kurt Vonnegut’s novel, Slaughterhouse-Five, like the denunciation of the metanarratives popularized during war, the disagreement with the legitimacy of the destruction of war, the horribleness of racial hatred, and the lack of free will. These topics are discussed in Slaughterhouse-Five through the use of humorous elements such as black comedy and farce. One may choose to think about these very important themes, and maybe they will affect one’s life.

Superior Flexor Muscle Cells :: Biology Essays Research Papers

Effects of Extracellular Potassium Concentration on Membrane Potentials in Crayfish Superior Flexor Muscle Cells Intracellular measurement of membrane potentials in cells of the crayfish superficial flexor muscle can reveal the effects of varying the extracellular concentrations of potassium ion on the resting potential. Our results suggest that at high extracellular potassium concentrations, the resting potential resembles that of the potassium’s equilibrium potential, and at low potassium concentrations, resting potential is less related to potassium equilibrium potential. We suggest that the equilibrium potential of other ions, especially sodium, contribute more heavily to the resting potential when extracellular potassium concentration is low, which accounts for the resting potential having a less negative voltage than the potassium equilibrium potential. The determination of resting potential by the equilibrium potentials of numerous ions reduces the effect that concentration changes in any single ion will have on the resting potential, lending stability to neural cell function even during changing environmental conditions. We tested the effect of extracellular potassium concentration on membrane potentials in the crayfish superficial flexor muscle cells. We compared five different extracellular concentrations of K+ and measured resting potentials by recording extracellularly and intracellulary, using an electrode that was inserted into the muscle via a micropipette. Our results confirm the relationship between voltage across the membrane and equilibrium potentials of the most prevalent ions that is stated by the Goldman Equation. Micropipettes were constructed from capillary tubes with tip diameter of a fraction of a micron. A micropipette and holder were filled with 3M KCl; use of this saturated solution ensured that intracellular K+ did not diffuse from the cell up the pipette. The top of the holder, which connected to the Neuroprobe amplifier circuitry, contained an Ag/AgCl electrode to prevent the hydrolysis of water, which would have created bubbles of hydrogen gas that would interfere with current conduction. The crayfish superficial muscle was exposed by making a U-shaped cut in the dorsal carapace and removing the dorsal muscles, leaving only the ventral carapace, its attached muscles, and possibly the nerve cord. This region was then placed in a small plasticene dish covered with one of five crayfish Ringers’ solutions. Normal (1x) crayfish Ringer’s solution contained [K+] = 5.4 mM and was used as a control; the four experimental solutions contained [K+] of .54 (.1x), 16.2 (3x), 54 (10x), and 162 (30x) mM respectively. Despite the non-uniformity of total osmolarity, the proportion of K+ to Cl-, the other important diffusible ion, remained constant, satisfying the Donnan Equilibrium.

Lamborghinis and Ferraris

In a childlike vision, success is to become a teacher, a doctor, an engineer, or an architect when he grows up. Have you ever heard of a child who says he wants to be a student someday? Perhaps none, maybe because we were all made to believe that success starts with a diploma. But in a room of grown-ups, success is earning more than your neighbor does, morally or immorally, legally or illegally and the diploma never really matters. It hurts to admit that money has become the barometer of success. The more money you have, the more successful you become.In different classes of society, success is defined and measured in number of Languishing and Ferris, in number of countries visited, in number of gadgets owned, in number of bank accounts, and to some men, in number of young mistresses. Some people Jump from one Job to another, not to look for the ones they love to do, but the ones that offer better paycheck. Some people work, not to serve but to get paid. Some people eat, not because they need to but because they want to, while in some distant places mom people never get the chance to eat.But how do we really define success? How do we know if we are already successful? Each one of us has our own definition, each one of us has our own barometer. What makes us happy makes us successful. I remember my grandmother would always ask me to water her plants and clean her front yard, and in exchange I would be given school allowance, so I got the chance to buy better snacks than usual. And as I grow older, I get to understand that In order to get better opportunities; you have to work hard to get It.But there was one time my mother caught me asking my grandmother for my school allowance after watering her plants, and my mother told me not to ask for any payment for every errand my grandmother asks. I didn't understand her point then, because I watered the plants to earn my school allowance; why should I not ask for a penny If I deserve It? And Just lately I understood, n ot all handwork's need to get paid, though reward comes surprisingly. And this Is how I define success; It Is achieved when your hard work rates happiness to other people whether reward comes or not.Success Is when you earn respect without Imposing. Success Is when contentment overpowers greed. Success Is when you live with Integrity despite temptations. For you may succeed fraudulently, but you will never be proud. Success arises from downfall. Success further Is not an end but rather the climax of our day to day Journey and the beginning of another success. By gaggle buy better snacks than usual. And as I grow older, I get to understand that in order to et better opportunities; you have to work hard to get it.But there was one time my to earn my school allowance; why should I not ask for a penny if I deserve it? And Just surprisingly. And this is how I define success; it is achieved when your hard work creates happiness to other people whether reward comes or not. Success is when you earn respect without imposing. Success is when contentment overpowers greed. Success is when you live with integrity despite temptations. For you may succeed further is not an end but rather the climax of our day to day Journey and the

Personalized Nutrition Plan Assignment Essay

To start my family has a history of cancer. According to chapter 5 of the readings, cancer is linked to fat in the diet. Consequently, my family members that have passed away I would not have known his and her eating habits. Therefore, I do not know if bad eating habits contributed to his and her illness leading to death. Nevertheless, this would be something interesting to look further into however, according to chapter 5 of the text cancer is the second leading cause of death in the United States, and is estimated that 30 to 40% of cancers are linked to dietary choices. To illustrate more my auntie passed away from leukemia, which attacks the blood and can spread throughout the body to other organs, such as the liver spleen, and lymph nodes. In addition, she battled with leukemia for about 7 years. At the time I did not know much about leukemia and still not quite up to date so I researched and found that risk factors for leukemia for most people, the cause is unknown. As a result, there is no known way to prevent it. www. webmd. com Equally important, scientific evidence suggests that nutrition may play a role in cancer prevention. But no diet has been shown to slow or reverse cancer-and no diet cures cancer. Researchers are interested in antioxidants-vitamins A (particularly beta carotene), C,E and selenium- but are also studying folic acid, vitamin B-6, magnesium, zinc, coenzyme Q10, and phytonutrients (substance in food that seem to prevent cancer), among others. Also, observational studies have shown that cancer is more common is some people with certain dietary habits. www. webmd. com In the future, I will set realistic physical activities such as choosing activities I know I will stick with as well as enjoy. Below are steps I plan to use daily while staying physically active. * I have not walked in awhile therefore; I plan to start walking again for about 30 minutes a day. * Start using my exercise videos more (hip hop abs) for about 30 minutes a day. * I purchased a belt that stimulates the muscle in the belly; I will start back using it while I lift weights. * Days I don’t walk I will ride my treadmill for about 45 minutes. In addition to setting these goals I know I have to take certain actions to meet each one. Such as stick with it once I start, another would be not to procrastinate. Two years ago I made it a daily routine to exercise however, starting school and work makes it more challenging to stick with such goals. As a result, I rarely walk, use my exercise videos, or ride my treadmill. In the same way, from this day forward I plan to get back on track because at my age staying healthy and in shape is important. Moreover, I don’t feel I need to alter my eating habits because as I said earlier eating healthy is important to me now that I’m at the age I am. I mainly, need to get back into physical activities and they would include walking and exercising. As far as the weather goes for me to walk I can always either go to a gym or ride my treadmill when the weather does not permit me to walk outside. During, the time of planning a new outlook on life and health I know I will endure some setbacks. However, my main approach to overcome any setbacks would be to make myself a timeline of important things I need to do and follow it. This help me before, I got out the swing of things when I began taking these online courses and working along with getting temporary custody of my grandchildren. According to my pyramid at the beginning of this course my energy intake is lower than my estimated energy requirement for the day. With that said outcomes I will use to measure my success will be to expend more energy or calories than I take in thus, keeping the weight off and staying fit. According to Web MD exercise can help control fatigue, muscle tension, and anxiety in those with cancer. Patients tend to feel better if he or she does exercises such as walking or swimming, which calm the mind as well as strengthen the body. Exercise has also been shown to improve the outcome associated with cancer treatment. www. webmd. com In conclusion, the only potential health risks that I can for see if my plan is not implemented would be obesity. On the other hand, while walking is good for the heart, heart disease could be a potential health risk for me. Of course, I know exercising will not necessarily protect me from heart disease. Incorporating a heart healthy diet will limit cholesterol, Tran’s fat, and saturated fat these have just enough calories to maintain a healthy weight, and provide plenty of fiber, antioxidants, and B vitamins. Additionally, to reduce my risk of cancer of any kind I will certainly stop smoking after, nearly completing this paper I came across a paragraph that stated to remember; do not use tobacco in any form. With that said my overall health is not in the shape I thought it was because I smoke which puts me in danger of heart disease, and lung cancer. In the same way, I’m working on putting down the cigarettes, mainly because I know they are not healthy and another reason is the job where I work only allows us to smoke on our 30 minute break. Most days I don’t have smoking on my mind because I work in a hospital and it is very busy thus, making it impossible to go outside and across the street to smoke. In summary, this paper explained health and nutritional problems that I can for see as a result of family history. This paper also identified the health/nutrition problem that will be targeted as well as my nutritional and/or physical exercise goals. However, this paper explained how I intend on meeting each goal. This paper addressed how my plan may be adjusted to fit any changing nutritional needs as a result of age. This paper described anticipated setbacks or difficulties and approaches for overcoming them. On the other hand, this paper described outcomes I will use to measure my success. This paper presented evidence of my plans effectiveness in addressing the identified problem or need and evaluated the potential health risk if the plan is not implemented. This paper also described the current dangers that I put my health in by smoking I however, for about 3 months have worked toward becoming smoke free I plan to get some type of stop smoking aide to help me accomplish my goal and to save my life. Finally, when I knew that I would be taking this class I just knew it not only would be a breeze but I would know everything and get through the 9 weeks with no problem. This is not true I struggled in this class but learned a lot of new and useful information. And to further gain knowledge I will refer back to this class in between my other classes. I have learned more in the past 9 weeks than I have learned throughout life. Additionally, conversing with my classmates about nutrition was also a learning experience that I enjoyed.