Wednesday, October 30, 2019
The Traditional Method of Making a Deed Research Paper
The Traditional Method of Making a Deed - Research Paper Example Basically, when one terminates an agreement to the detriment of another, promissory estoppel lies in hand as a defence to support the promise according to Smith. Under this rule, a claimant who incurs a detriment by doing an act, making a promise however small, provided that it has been agreed that she should do the act and receives something in return under a limited legal principle can be sued for promissory estoppel. In Combe v. Combe , the Court of Appeal held that the doctrine of promissory estoppel cannot be used to create a cause of action where a husbandââ¬â¢s promise to pay alimony to the wife at à £100 p.a. does not give her the right to sue for that money even though she had relied on the promise. In a society where moral conventions allow a promisor to enter into a negotiation, a promisor is bound to his promise. The law, however, stresses that enforcing promises is a right when they are given in exchange for other promises or consideration. The main purpose of implan ting consideration is to discourage improper pressure and coercion and to distinguish the nature of the promise. It is also interesting to see how the doctrine of promissory estoppel brings the law of consideration into sharp relief. Although it is not overtly recognized by the English system, many of the reasons for requiring consideration do not apply to the situation of variation as in Williams v Roffey Bros & Nicholls. The basic position still considers, however, the doctrine of promissory estoppel varying from only one side of the contract.
Monday, October 28, 2019
The Brutal Realities of War Expressed in Poetry Essay Example for Free
The Brutal Realities of War Expressed in Poetry Essay The poetââ¬â¢s confronts a very poetic perception of life and death by which he incorporated a very distinct mood in his poetry. He particularly engrosses himself to make a point of comparison between the life of those free animals and the soldiers. The speaker is English soldier, perhaps Isaac Rosenberg himself. The poetry has a touch of humor from the speakerââ¬â¢s observation towards the rat and the poppy in the first half of the poem. A rat in the trenches has caught the poetââ¬â¢s eye. He was amused with the fact that this animal is equally at home and comfortable to leap in both German and British trenches. ââ¬ËNow you have touched this English hand/ You will do the same to a Germanââ¬â¢ (Line 9-10) that says that the rat can freely pass between the English and German lines and is more likely to survive than those strong soldiers. In war, the soldiersââ¬â¢ life is of little value compared to the insects and animals roaming around. The speaker assumed that the rat as it passes both the German and English trenches wonders of what is happening to human beings specially of those soldiers who have ââ¬ËStrong eyes, fine limbsâ⬠¦Ã¢â¬â¢ and those ââ¬Ëhaughty athletes,ââ¬â¢ (Line 14). The Rear-Guard by Siegfried Sassoon The Rear Guard gives a realistic approach of the experience of being in war through a soldierââ¬â¢s perspective. The poem is a piece of description that concentrates towards the horror of war. It aims to give information regarding the realities of war from a soldier who descends from Hell. The poet in this masterpiece uses figurative language to convey warââ¬â¢s horror, complexities and confusion. In the fourth and fifth line ââ¬ËTins, boxes, bottles, shapes to vague to know/ A mirror smashed, the mattress from a bedââ¬â¢, the writer provides many figurative objects to illustrate the busy and confused nature of war. The following lines illustrate the painful agony of the soldiers. The ââ¬ËUnloading hell behind him step by stepââ¬â¢, mentioned in the last line says that on earth through war there is also hell, that even after war the ending point is still hell in eternity. Strange Meeting by Wilfred Owen The narrator of this poem is a soldier found himself in hell. Throughout the poetry, he is conversing with another soldier who distinguished himself as the narratorââ¬â¢s enemy, ââ¬ËI am the enemy you killed, my friend. / I knew you in this dark: for you frowned/ Yesterday through me as you jabbed and killedââ¬â¢ (Line 36-39). The narrator refers to the other soldier as a ââ¬ËStrange friendâ⬠¦Ã¢â¬â¢ (Line 14) which means both were from opposing parties and therefore were strangers to each other. But in hell, they were able to call themselves friends by which they can freely reveal their emotions and thoughts without fear. What common theme is present in all three of these poems and what common message do the poems convey? War is often associated with the physical imagery of violence and political conflict. History itself says that the intentions of war trail into the purpose of acquiring a greater power in terms of position, territory, resources, rights and rewards. Conflict of interest in any form if it will not be settled diplomatically may result to violence and hostility. There is always a participation of military and soldiers to show and define who the stronger party is. Soldiers as land forces play an important role in providing honor and success in one political party. Soldiers with their capability, bravery, sense of commitment and the things they carry defines a groupââ¬â¢s strength. Since there is always an involvement of armed conflict between military forces, non participant of warfare which means those who are not engage in the actual combat simply perceive war as brutal and fierce, a battle of life and death that ends either in victory or lost. When the war ends, they perceive that everything is over. However for those who experience it, there is a greater battle that not everybody understands. To truly define war, it is significant to acquire the perspective of those who are mostly affected and those who are mostly involve. The three poems apparently illustrate the brutal realities of war especially for those participants. The writers of the poems were literally participants of war or combat. They show war ugly truths which are often in contrast to the ideas of glory, courage and heroism associated with war. War is ambiguous and illogical because it forces human beings into extreme situations that give no choice in the process. Both the narrator of the ââ¬Å"Strange Meetingâ⬠and ââ¬Å"The Rear-Guardâ⬠poetry found themselves in Hell which suggests that war not only destroys physical life and property nor ruin the psychological aspects of those participants, but war steals oneââ¬â¢s opportunity to possibly experience eternal life in heaven. The fact that both narrators indulge Hell in their poetry demonstrates their belief in religion. In war, there is always a distorted line about religious concept of humanity and duty. The concept of right and wrong, guilt and emotions does not matter in the middle of combat because what matters most is personal survival. The brutalities of war are not so much about the glory and victory of the political party the soldiersââ¬â¢ represent but it is more on personal survival. How does the text of each manifest that message and what significance does this message hold about war in general? The three poetry used powerful language and figures of speech to make a point of comparison. For example, the used of Hell as the main setting of the poem ââ¬ËStrange Meetingââ¬â¢ and ââ¬ËThe Rear-Guardââ¬â¢ suggest that war is manââ¬â¢s product of wickedness. ââ¬ËBreak of Day in the Trenchesââ¬â¢ on the other hand used animals as a powerful imagery to illustrate that manââ¬â¢s life in the middle of combat is of little value compared to any other living animals or insects that enjoy freedom. War in this poetry suggests that those participants in combat have no choice but to fight for their survival. They are prison literally. The poets also used powerful language to evoke the readerââ¬â¢s emotions. The used of ambiguity, irony, wits and symbolism leave the poems the possibility of multiple interpretation. The emotions however are almost common which makes the poems more realistic. In these poems, it can be realized that to really know the real concept of war, one must relate and accumulate the truths from experience of those soldiers. They are the one who can completely and truly define the irrationality and irony of war. Reference: Rosenberg, Isaac (1916). Break of Day in the Trenches. Harrison and Stuart Clark (Ed. ) Peace and War (p. 102). Berlin. (Reprinted from New York, 1989, Oxford University Press) Sasoon, Siegfried (1918). The Rear Guard. Parini (Ed. ). The Wadsworth Anthology of Poetry (p. 1126). Canada. (Reprinted from Canada, 2005, Thomson Wadsworth). Owen, Wilfred (1920). Strange Meeting. Parini (Ed. ). The Wadsworth Anthology of Poetry (p. 776). Canada. (Reprinted from Canada, 2005, Thomson Wadsworth).
Saturday, October 26, 2019
Investigate how the change in concentration affects the rate of :: GCSE Chemistry Coursework Investigation
Investigate how the change in concentration affects the rate of reaction between sodium thiosulphate and hydrochloric acid Introduction I am trying to find out how the change in concentration affects the rate of reaction between sodium thiosulphate and hydrochloric acid. I predict that the higher the concentration of sodium of thiosulphate, the quicker the rate of reaction will be between the two substances. The scientific reason for my prediction is due to the collision theory. The collision theory is, that in order for chemicals to react they must come into contact with each other (collide). However, not all collisions result in chemical reactions as sometimes the particles just bounce off each other. The particles must have sufficient energy when they collide to react. If you increase the number of collisions, you increase the rate of reaction. Therefore, a higher concentration means a greater number of collisions. Diagram Preliminary Testing This is the word equation for the reaction between the two substances: Sodium + Hydrochloric Sodium + Sulphur + Sulphur + Water Thiosulphate Acid Chloride Dioxide Na2S2O3 + HCl NaCl + SO2 + S + H2O ( aq ) + ( aq ) ( aq ) + ( g ) + ( s ) + ( l ) Before I start the investigation, by having preliminary tests I can find a volume of each solution that I can use where I am able to complete the investigation in a reasonable period of time. When I am undergoing my experiment I will be making one variable. By changing the concentration of sodium thiosulphate, this is done by adding water to the solution. As I change the amount of water I put into the solution the concentration of it is changing. The more water that is put into the solution the weaker the concentration will become. To get my preliminary results I set up the experiment as above in the diagram section, and you use different amounts of the solutions. Use a burette to measure the amounts of the solutions needed, and put them into separate beakers. Using a funnel at the top of the burette to pout the solution into. After firstly using a measuring cylinder to measure the solution. Use a stopwatch to time how long it takes for the cross underneath the conical flask to disappear, as the solutions are mixed together. As the reaction turns the two colourless liquids, into a milky colour afterwards. Repeat the procedure with different amounts of the solutions, working out the best amounts that I could use for experiment. These are the results that I received: ------------------------------------------------------------------------ Amount of H2O Amount of sodium Amount of hydrochloric Time Taken
Thursday, October 24, 2019
Obesity Statistics Essay
Obesity statistics in Malaysia are getting scarier by the day. The World Health Organization (WHO) survey in 2010 ranked Malaysia as sixth in Asia with the highest adult obesity rate. Obesity statistics from the Malaysian National Health and Morbidity Survey in 2006 showed that 43% of Malaysian adults were obese or overweight at that time. And these obesity statistics showed that overweight children were 38% of the child population in Malaysia. The recent WHO results of 2010 showed that 60% of Malaysians aged 18 and up, had a BMI over 25. A BMI of more than 25 means the person is overweight. In 2008, Universiti Kebangsaan Malaysia (UKM) did research on the ââ¬Ëprevalence of obesity among childrenââ¬â¢. The results were astounding, showing an increase of obesity of 30% in the 6 to 12 years old age group. In 2007, Universiti Putra Malaysia (UPM) did a nationwide, all Malaysian states study on obesity, on Malaysians aged 15 years old and above. A person with a BMI of more than 30 was considered to be obese. Those overweight with a BMI reading of more than 25 were excluded. The UPM researchers found that females were more likely to be obese at 13.8% while men were at 9.6%. Malays and Indians had higher cases of obesity at 13.6% and 13.5%, while Chinese came in 8.5% of their population groups. Sarawak natives had 10.8% cases of obesity while the Sabah natives had the lowest at 7.3%. The data obtained were statistically significant (p< 0.0001). All these obesity statistics have rung alarm bells at the Malaysian Ministry of Health. The Malaysian government is concerned on the health effects, productivity and the healthcare costs implications of an obesity epidemic in the country. The government notes that this obesity and overweight issue is far more serious in Malaysia than in other countries in the region. The Malaysian Ministry of Health had planned for another survey in 2011 to update these obesity statistics. This would have included a study on the incidences of diabetes and kidney diseases in Malaysia. But no results are available as of now.
Wednesday, October 23, 2019
Parliamentary Supremacy Essay
ââ¬Å"In the absence of a written constitution, the UK Parliament is the sovereign law-making power, incapable of limiting its own power, or being limited by an external power.â⬠In the absence of an unwritten, or rather, uncodified constitution, the doctrine of Parliamentary supremacy (also called ââ¬Å"Parliamentary sovereigntyâ⬠) emerges as a principle factor granting legitimacy to the exercise of government power within the UK. The doctrine of Parliamentary supremacy is a set of rules that determine how courts should approach Acts of Parliament. This includes rules pertaining to how courts should handle contradictory provisions, or Acts, as well as the status attached to an Act of Parliament. This doctrine recognises Parliament as the ultimately supreme, sovereign law-making body within the UK. The rules that construct the doctrine of Parliamentary Supremacy may be found in a number of sources; case law, constitutional conventions, statute law, and the writing of famous academics. The purpose of this essay is to analyse the extent to which the UK Parliament is ââ¬Å"the sovereign law-making power, incapable of limiting its own power, or being limit ed by an external power.â⬠Anytime the sovereignty of the UK Parliament is mentioned, Prof A.V. Diceyââ¬â¢s classic, three-point definition springs to mind. According to Dicey, a) Parliament has the right to make or unmake any law whatever, b) no Parliament can bind a future Parliament, and c) person or body has the right to override an Act of Parliament. The three points given above summarise the Doctrine of Parliamentary Supremacy (or Sovereignty). Diceyââ¬â¢s first and last points, pertaining to Parliament having the right to legislate on any matter and no person or body being able to override those laws, have been strongly confirmed by UK courts. Judges have repeatedly upheld the principles of Parliamentary sovereignty, in cases and quotes. Sir Ivor Jennings once stated ââ¬Å"Parliament can legislate to ban smoking on the streets of Paris; Parliament can legally make a man into a woman.â⬠In Madzimbamuto v Lardner-Burke (1969), Lord Reid stated ââ¬Å"It is often said that it would beà unconstitutional for the UK parliament to do certain thingsâ⬠¦but that does not mean it is beyond the power of parliament to do such things.â⬠Similarly, in ex parte Simms and Oââ¬â¢Brien (1999), Lord Hoffman stated ââ¬Å"Parliamentary sovereignty means Parliament canâ⬠¦legslate contrary to fundamental human rights.â⬠In Brit Railways Boards v Pickin (1974) and Edinburgh and Dalkeith Rly Co v Wauchope (1842), the courts refused to challenge the validity of an Act of Parliament, regardless of procedural flaws. This gave rise to what is now the ââ¬Å"Enrolled Bill Ruleâ⬠- which is courts will not look beyond the ââ¬Å"Parliamentary roll.â⬠In Jackson v AG (2005), the validity of the Act of Parliamen t 1949 and subsequent Acts passed under that procedure, was questioned. The concept of Parliamentary supremacy was challenged in obiter statements of three judges; however, the Acts were ruled as valid and the sovereignty of Parliament was again confirmed by the courts. Diceyââ¬â¢s second point relates to Parliament being unable to bind itsââ¬â¢ successors. The mechanism through which courts give effect to this point is known as the ââ¬Å"doctrine of implied repeal.â⬠This requires courts to enforce the latter, and impliedly repeal the former, when two Acts conflict with each other. This is exemplified in the Ellen Street Estates Ltd v Minister of Health (1934). Thoburn v Sunderland City Council (2002) examined the doctrine of implied repeal more closely and held there is a special class of statutes, called, ââ¬Å"constitutional statutesâ⬠, that cannot be impliedly repealed. Rather, they can only be expressly repealed. These constitutional statutes are those defining fundamental rights, such as the Magna Carta and Bill of Rights 1689. The Act of Union 1706 Act intended to bind future UK Parliaments, but that eventually failed. In MacCormick v Lord Advocate (1953), it was argued the principle of Parliamentary sovereignty is not reco gnised in Scottish law. The ââ¬Å"manner and form argumentâ⬠declares that although there is no limit to the subject matter on which Parliament can legislate, and a Parliament cannot bind its successors, the manner and form in which it legislates may be limited. Special procedures for legislation may be set down by the courts. This was illustrated in Minister of the Interior v Harris (1952). The two factors that challenge the concept of Parliamentary sovereignty areà the ECA 1972 and the HRA 1998. EctJ judgements are binding on all UK courts, and according to S.2 of the ECA 1972, all Acts of Parliament are to be construed according to EU law. EctHR judgements are not strictly binding on the UK Supreme Court (formerly House of Lords), but the HRA 1998 calls for all legislation to be interpreted according to Convention rights. If an Act of Parliament is incompatible with the HRA, a ââ¬Å"declaration of incompatibilityâ⬠will be issued by the courts but the Act will remain in force until Parliament amends it. This ââ¬Å"declaration of incompatibility,â⬠in fact, enphasises the sovereignty of Parliament. In the Jackson case, Lord Hope states the supremacy of Community law limits the sovereignty of the UK Parliament. In summary, it appears the UK Parliament, to a large extent, is a ââ¬Å"sovereign law-making power, incapable of limiting its own power,â⬠as evidenced by many cases mentioned above. Parliament can legislate on any subject matter it chooses to, and no body has the authority t override an Act of Parliament. As illustrated by the Enrolled Bill Rule, even procedural flaws cannot invalidate an Act of Parliament. However, it is limited slightly by external powers, such as the ECA 1972, the HRA 1998, and special procedures may be laid down to make legislation difficult. However, the fact that Parliament, of its own free will, chose to pass the ECA and HRA indicates that these Acts do not limit itsââ¬â¢ sovereignty. Parliament can, after all, legislate to undo the above-mentioned Acts and procedures if it chooses to. The phrase ââ¬Å"what the queen enacts in Parliament is lawâ⬠remains a fairly accurate embodiment of the doctrine of Parliamentary Sovereignty.
Tuesday, October 22, 2019
The Code of Hammurabi
The Code of Hammurabi The overall success in any society largely depends on the order and the stability in that society. Of course, the prosperity of any particular civilization is based on the stability of the economy in that civilization. But the laws and the basic moral principles have a huge influence on economy and on overall welfare of the people. The laws should include sections on social, moral, religious, civil, commercial, and criminal law. The laws reflect the level of development of the society at the specific period of time. Laws cannot be perfect and they cannot equally protect everyone, but the societies that live by the laws have numerous advantages over those that don't. The laws make a society civilized.Code of laws of HammurabiHammurabi was the ruler of the Old Babylonian Empire, during the 18th century BCE. He was a smart military leader and legislator. He developed the first known legal code in history, Hammurabi's Code. He clearly understood the importance of the jurisprudence system and even put his code of laws among his most significant accomplishments. Hammurabi made his set of laws public, clearly explaining what was required of the citizens, and what the punishments were for not following these laws. Although the system of justice was not applied equally to all during the time of Hammurabi, the laws were fair, considering the times and the society of that time. One of the most well known aspects of the code is the principle "an eye for an eye and a tooth for a tooth". So, for example, if someone has plucked out a neighbor's eye he would have his eye removed.Unfortunately, just like in any other civilization at that time, lower classes of people were not treated equally to the higher classes of aristocrats. Of course, no one could get away...
Monday, October 21, 2019
The Psychic Crisis Theory of the Salem Witch Trials essays
The Psychic Crisis Theory of the Salem Witch Trials essays Psycho-history lends insight into the possible states of mind of individuals. Historians have attempted to use psychological and sociological theories to explain historical events and show how the human psyche creates historical crises. The psychic crisis theory of the Salem witchcraft hysteria can explain several aspects of the witch trials because historical fact alone may not be able to completely account for the underlying reasons for the persecutions. As such, the psychic crisis theory is a reasonable extension of a more meat and potatoes history, which readily takes into account issues such as religiosity, social norms, trends, and politics. Just as it may be reasonable to assume that Van Gogh suffered from a mental illness in addition to epilepsy, it may also be reasonable for historians to assume that the hysteria over witchcraft stemmed from a psycho-social crisis. The behaviors of both the accused and the accusers may have been due to psychic crises: caused by social confli ct, psychological turmoil, or the ingestion of psychedelics. However, because it is largely speculative, psycho-history can never be as reliable as cold, hard facts. Calling witchcraft hysteria a psychic crisis infers too much about the root causes of the historical phenomenon. History should always be based on factual evidence in the same way science or law must also be based on hard evidence. At the same time, psycho-history can offer meaningful alternative perspectives on persons and events, filling in the gaps cold, hard facts cannot fill. Historians should feel free to speculate about the potential psychic causes of the witchcraft hysteria as well as about the states of mind of the individuals on both sides of the stake. In some cases, meat and potatoes facts can prove unreliable or misleading, which is why psycho-history should not be completely abandoned. Students of history also appreciate alternative perspectives that s...
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