Help to write essay
Thursday, August 27, 2020
Themes in Native American Tricksters
Chapter by chapter guide Abstract Introduction Conclusion Works Cited Abstract Although the Native American swindler stories are short and simple, every story epitomizes a whole lifestyle. At the point when placed in their scholarly setting, the conventionality of the narratives really conveys further implications. Despite the fact that the Native American individuals don't share a brought together assemblage of folklore, all the distinctive cheat stories pass on life exercises of morals and standards of conduct. On this, almost all the swindler stories among the Native American individuals convey similar subjects and plot elements.Advertising We will compose a custom examination paper test on Themes in Native American Tricksters explicitly for you for just $16.05 $11/page Learn More This perspective makes the insidious yet blessed Trickster a key figure in the Native American oral convention. Regardless of whether the character is the shriveled elderly person Coyote of the Crow clan s, Raven in the Indian legend or even Wakdjunkaga of the Winnebago, the accounts is by all accounts composed from a similar content. This examination paper looks at a portion of the significant topics and plot components found in Native American swindler stories. Presentation Although the Native American swindler accounts are short and straightforward, every story embodies a whole lifestyle. At the point when placed in their abstract setting, the modesty of the narratives really conveys further implications. Despite the fact that the Native American individuals don't share a brought together group of folklore, all the diverse swindler stories pass on life exercises of morals and standards of conduct. On this, about all the swindler stories among the Native American individuals convey similar subjects and plot components. This angle makes the shrewd yet blessed Trickster a key figure in the Native American oral custom. Regardless of whether the character is the shriveled elderly pers on Coyote of the Crow clans, Raven in the Indian legend or even Wakdjunkaga of the Winnebago, the accounts is by all accounts composed from a similar content. This exploration paper looks at a portion of the significant topics and plot components found in Native American cheat stories. (Smith) One topic that is practically prevailing in all the American Trickster stories is Sacrifice. This is brought out in the circumstance where various characters perform magnanimous acts implied to help the entire society. In practically all the tales, there are cases where a specific character leaves on a perilous strategic is intended to profit the entire network. The repeat of this topic is intended to cause individuals to think about what they can accomplish to help humankind. (Babcock-Abrahams 150) In the story of Coyote and the Monster that is educated among the Navajo, Coyote is distressed after discovering that the beast has eaten every one of his companions. In spite of the fact that the beast can't eat him, Coyote doesn't unwind yet rather he devises an approach to free his companions. The beast chooses to persuade Coyote to remain at his home as a visitor. The ever-shrewd Coyote tells the beast that he would be glad to be his visitor yet first looks for consent to visit his companions. Without thinking about the risk in question, Coyote goes inside the monsterââ¬â¢s stomach where he cuts the monsterââ¬â¢s heart and he can free his companions. Coyoteââ¬â¢s activity is a benevolent demonstration that everybody in the general public ought to imitate on the off chance that we are genuinely ready to support humankind. (Babcock-Abrahams 160)Advertising Looking for research paper on american writing? How about we check whether we can support you! Get your first paper with 15% OFF Learn More Another story that bears the topic of penance is the one educated among the Karok clan on how Coyote took fire. In this story, Coyote is a soul being who is caught up with do ing his standard tasks when he sees how men who have quite recently appeared on the scene have issues during winter. During this period, the youngsters and matured individuals for the most amazing of the chilly climate. Being a soul being, Coyote needn't bother with anything to warm himself throughout the winter season. At some point, Coyote happens to be going close to a human town when he hears ladies grieving their youngsters who have passed on throughout the winter. Moved by empathy, Coyote chooses to enable the ladies to get fire from the searing Fire Beings. Ignoring the creatures red hot nature, Coyote leaves on a hazardous strategic get the fire. He rallies the help of different creatures and together they devise a method of taking the fire from these creatures. Simultaneously, the included creatures wind up languishing over their activities however they can accomplish their central goal. At last, man can have fire for warming himself throughout the winter season and his you ngsters and the matured prevent biting the dust from the virus. This is a finished demonstration of penance since the creatures that help in getting the fire don't remain to profit by the entire strategic. (Babcock-Abrahams 166) Another focal topic in numerous Native American stories is culture saints and transformers. In pretty much every story, a culture legend changes the world into a perfect spot and in particular shows individuals how to live. The job of such a character is to help individuals in trouble and to show them exercises on ethical quality and even to make things out of nothingness. The significance of this topic is maybe to show how pioneers can help in carrying change to the general public. An exemplary case of this subject is the Wishram story that discloses how Eagle attempted to prevent individuals from biting the dust until the end of time. After the demise of his youngsters, Eagle and Coyote set out on an excursion to recover their dead kids and forever stop th e aches of death. By thinking carefully, Eagle prevails with regards to murdering Moon and saves the dead individuals. In any case, Coyoteââ¬â¢s over excited nature devastates the arrangement and the outcome is that individuals wind up passing on until the end of time. Despite the fact that Eagle flops in his crucial, story is a great case of social chivalry and eagerness to acquire change the world. This topic is likewise present in the Navajo adaptation where Coyote thinks carefully to end the beast that has murdered his companions. (Babcock-Abrahams 170)Advertising We will compose a custom exploration paper test on Themes in Native American Tricksters explicitly for you for just $16.05 $11/page Learn More Another topic that is repetitive in all American Trickster stories is that of valiance. It takes fortitude for Coyote in the Navajo account to murder the beast and free the individuals. This topic is rehashed in the Karok story where Coyote stands up to the Fire Beings who wa tch their fire all through to keep it from being taken by people. In spite of the clear peril, Coyote realizes that in the event that he neglects to get the fire, individuals will continue passing on during the virus seasons. This subject is likewise present among the Menomini individuals where the Hell-jumper cautions different flying creatures that Manabozho was executing their companions. The Hell-jumper does this paying little mind to the danger of creating red eyes for disrupting the norm. In any case, his valiance saves different flying creatures from the wickedness Manabozho. (Radin 33) Although Native America has various people groups and dialects, numerous components of folklore are shared over the various districts. A male typically plays the character of the Trickster and his fundamental obligation is to show individuals the manner in which they ought to go. By and large, the cheat wants to disrupt individuals and make issue. In many stories, the cheat is introduced as a legend and he pulls tricks that at long last assistance the entire network. A model is the place Coyote takes fire to profit people without himself profiting in any capacity. Another story is the place ââ¬Å"Tricksterâ⬠camouflages himself as a lady to guarantee that his companions don't abandon a supper. Another story from the Northwest Coast district clarifies how a specific boss took all the light, diving the entire universe into murkiness. Utilizing guile, a raven flew into the land masked as a seed and later figured out how to take the sun guaranteeing that individuals got backdrop illumination. This shows a consistency in plot component portrayal in all the narratives. (Radin 37) Conclusion Although there are diverse Native American Trickster stories, dominant part of them convey similar subjects. These swindler stories have been instructed orally through the ages and they have figured out how to keep up their unique message. The subjects that are generally regular in th e accounts incorporate the topic of grit, magnanimity and change. These subjects are by and large valuable in making a prosperous society. This maybe clarifies why these stories have kept on being applicable even in our cutting edge society. The consistency of the subjects in all the stories can be utilized to delineate the harmony of the American society.Advertising Searching for research paper on american writing? We should check whether we can support you! Get your first paper with 15% OFF Find out More Works Cited Babcock-Abrahams, Barbara. A Tolerated Margin of Mess: The Trickster and His Tales Reconsidered. Diary of the Folklore Institute, vol. 11, 1975: 147-186. Print. Radin, Paul. The Trickster: A Study in American Indian Mythology. New York: Greenwood Press, 1969, 30-40. Print. Smith, Jennifer. Africa Native American Trickster Folktales, 2005. Web. This examination paper on Themes in Native American Tricksters was composed and presented by client Jameson Bell to help you with your own examinations. You are allowed to utilize it for examination and reference purposes so as to compose your own paper; in any case, you should refer to it in like manner. You can give your paper here.
Saturday, August 22, 2020
Suicide Person Essays - Abnormal Psychology, Psychiatric Diagnosis
Self destruction Person So in what manner can the doctor decide when a patient ought to be analyzed as discouraged or self-destructive? Earthy colored (1996) recommended the most ideal approach to analyze is to screen out the helpless gatherings of kids and young people for the hazard variables of self destruction and afterward allude them for treatment. Some of these chance components incorporate verbal indications of self destruction inside the last three months, earlier endeavors at self destruction, sign of extreme temperament issues, or inordinate liquor and substance misuse. Numerous doctors will in general consider misery as an ailment of adulthood. Actually, Brown (1996) expressed that it was distinctly in the 1980's that disposition issue in kids were remembered for the classification of analyzed mental ailments. In reality, 7-14% of youngsters will encounter a scene of significant misery before the age of 15. An normal of 20-30% of grown-up bipolar patients report having their first scene prior to the age of 20. In an examining of 100,000 teenagers, a few thousand will have state of mind issue out of which 8-10 will end it all (Brown, 1996). Blackman (1995) commented that the self destruction rate for young people has expanded over 200% in the course of the most recent decade. Earthy colored (1996) included that an assessed 2,000 youngsters for every year end it all in the United States, making it the main source of death after mishaps and crime. Blackman (1995) expressed that it isn't phenomenal for youngsters to be engrossed with issues of mortality and to examine the impact their demise would have on close family furthermore, companions. When it has been resolved that the immature has the illness of melancholy, what should be possible about it? Blackman (1995) has recommended two fundamental roads to treatment: psychotherapy and prescription. most of the instances of immature gloom are mellow and can be managed through a few psychotherapy meetings with extreme tuning in, counsel and consolation. Comorbidity isn't strange in young people, and conceivable pathology, including nervousness, over the top habitual issue, learning incapacity or consideration shortfall hyperactive turmoil, ought to be scanned for and treated, if present (Blackman, 1995). For the more extreme instances of discouragement, particularly those with steady side effects, medicine might be vital and without pharmaceutical treatment, burdensome conditions could raise and become deadly. Earthy colored (1996) included that notwithstanding the sort of treatment picked, it is significant for youngsters experiencing temperament issue to get quick treatment in light of the fact that beginning stage places kids at a more serious hazard for different scenes of misery all through their life expectancy. Until as of late, juvenile melancholy has been generally disregarded by wellbeing experts however now a few methods for conclusion and treatment exist. Albeit most young people can effectively ascend the pile of passionate what's more, mental impediments that lie in their ways, there are some who find themselves overpowered and brimming with pressure. By what means can guardians and companions help out these pained youngsters? What's more, what can these teenagers do about their steady and serious pitiful states of mind? With the assistance of educators, school advisors, emotional wellness experts, guardians, and other caring grown-ups, the seriousness of a high schooler's gloom can not exclusively be precisely assessed, yet plans can be made to improve their prosperity and capacity to completely connect with life.
Friday, August 21, 2020
Report Reveals High Cost of Indiana Payday Loans - OppLoans
Report Reveals High Cost of Indiana Payday Loans - OppLoans Report Reveals High Cost of Indiana Payday Loans Report Reveals High Cost of Indiana Payday LoansInside Subprime: October 23, 2019By Grace AustinA new report shows what price Indiana residents are paying for payday loans. Payday lenders have paid $322 million in finance charges over the past five years. Thatâs according to the Indiana Institute for Working Families and the Indiana Assets Opportunity Network, which released .Payday loans are legal in the state, but were once more tightly regulated. In 1971, Indianaâs legislature introduced a loansharking statute >that made it a felony to charge an interest rate of more than 72%, or double the 36% annual percentage rate cap.A 2002 exemption passed by the Indiana General Assembly allowed payday lenders to charge APRs of almost 400 percent. Under current law, borrowers can obtain a loan for 20 percent of their monthly gross income and up to $605, with finance charges that range from 15% of the first $250 to 10 percent for amounts over $400. The loan terms have to be at least two weeks, too.There are several key points from the report. While online payday lending has grown tremendously throughout the country as many states crack down on short-term lending, there are still more than 250 payday loan storefronts across Indiana. Those stores are run by 29 payday lending companies, and five of those licensed entities operate a majority of them. On top of that, out-of-state companies operate more than 85 percent of those storefronts.Three counties in particular are home to a third of all the storefronts in the state: Marion, Lake and Allen counties. More specifically, Indiana payday loan storefronts are concentrated in places where people of color and low-income people live.And low-income people are also the ones taking out the most loans â" the average borrower has an annual income of under $20,000 and is characterized as âworking, but struggling to keep up with bills,â by the report.The typical payday loan borrower also is prone to reborrowing â" eight to ten times specifically. That means that theyâre paying much more in fees than the original amount they took out. And those borrowersâ cycle of debt and payday loans is apparent: the report said 60 percent of payday loans are reborrowed on the same day that the previous loan was paid off, and 82 percent are reborrowed within 30 days.âBy lending to borrowers who cannot afford to repay the loan and still meet their other expenses, lenders can reap the benefits of loan churn,â according to the report. âMeanwhile, borrowers are more likely to experience overdraft fees, bank account closures, difficulty paying bills, decreased job performance, and bankruptcy.âThe Indiana Institute for Working Families also pointed to a poll indicating support of a 36% interest APR cap: nearly 90% of Indiana voters surveyed by Bellwether Research Consulting said they support such efforts. Overall, 75 percent of voters say they wouldnât want a new payday loan storefront opening up in their n eighborhood. The statistics show that support for legislation is there â" if only legislators can get behind such efforts.Learn more about payday loans, scams, and cash advances by checking out our city and state financial guides, including Chicago, Illinois, Texas, and more.Visit OppLoans on YouTube | Facebook | Twitter | LinkedIn
Monday, May 25, 2020
The Execution Of Willie Trottie - 1517 Words
Introduction All countries on the planet either have capital punishment or have had it at one time. The death penalty is utilized as a part of most cases to rebuff the individuals who infringed upon the laws or models that were anticipated from them. Executions basically infuse more brutality into an officially antagonistic American culture. This paper will discuss the execution of Willie Trottie . Willie Trottie Willie Trottie, black, poor, abandoned at a young age by an alcoholic mother, and victim of abuse started dating Barbara Canada in 1989 and and soon thereafter began living together and had a child. In September 1992, Willie and Barbara separated and she moved in with her family. After some time, the relationship soured. Willieâ⬠¦show more contentâ⬠¦All of his subsequent appeals in state and federal court were denied. Willie Trottie was executed by lethal injection on September 10, 2014 for the murders of Barbara and Titus Canada. Willie asked for forgiveness serval times before he was executed. His final words were ââ¬Å"I love you all; Iââ¬â¢m going home, going to be with the Lord. Find it in your hearts to forgive me. Iââ¬â¢m sorry.â⬠As the lethal dose of the powerful sedative pentobarbital took effect, he closed his eyes and breathed quietly. After about eight breaths, he opened his mouth to exhale, and then closed it. Why Death? A life sentence is sufficient deterrent, and many would argue more so than the death penalty. There is no evidence that countries that still apply the death penalty have lower crime rates, in fact the opposite seems to be true with the US. The greatest deterrent in crime is the fear of getting caught, not the resultant punishment. If criminals knew that they would get caught and would have to spend a long time in a prison that would make them think twice. If they can be confident that they won t get caught, even though the punishment is a death sentence, some would take the chance. Countries with effective criminal justice systems, catching people early before they descend into worse and worse offending have the lowest crime, not contries with the harshest penalties. Willie Trottie is a case in point. As a society we will do better to learn about him, what he did, what
Thursday, May 14, 2020
Wednesday, May 6, 2020
Using Named Examples, Examine the Extent to Which the...
Using named examples, examine the extent to which the development gap occurs within countries as well as globally. 1) Introduction The development gap refers to the financial and social disparity between the poorest and wealthiest in society. Where economic indicators are low, social indicators are often also low, whereas the wealthiest countries also enjoy better healthcare and education. This gap has been widening for decades and is at its widest today. The poor are not necessarily getting poorer; in fact nearly everybody has seen an improvement in quality of life over the last 20 years. The reason the gap is widening is because the richest are getting richer and having their quality of life improve at a far quicker rate. 2)â⬠¦show more contentâ⬠¦The liberalisation of their markets and the mobilisation of 1 billion workers allowed huge wealth to be generated and huge disparities to develop. The biggest differences in China are between rural and urban areas, particularly between the megacities of the East and the ethnic rural areas of the East (Including Tibet), culturally there are huge differences wit h the Han Chinese having far more opportunities and wealth. The restrictions in China on rural to urban migration mean that rural dwellers do not have the same opportunities as those in the cities. China as a result has the largest disparity between its citizens, both economically and socially, Itââ¬â¢s not just NICââ¬â¢s that have huge disparities in wealth, MEDCââ¬â¢s such as the USA also suffer from widespread disparity, this was clearly seen during Hurricane Katrina where the majority of the dead were poorer Afro Caribbean communities who did not have access to education, information or basic transport. This is a problem across America where those who can engage with ââ¬ËThe American Dreamââ¬â¢ have access to huge wealth and opportunity but those born into poor areas statistically stay poor. The worldââ¬â¢s largest economy should not have hundreds of thousands of homeless people on their streets. 4) Exceptions However there are countries where the gap between rich and poor is veryShow MoreRelatedAmazon Strategy15987 Words à |à 64 Pages3.3.1 Strategic Option 1: Market Development ......................................................... 28 3.3.2 Strategic Option 2: Service Development ........................................................ 29 3.3.3 Strategic Option 3: Product Development ........................................................ 30 3.3.4 Strategic Option 4: Market Penetration in China ............................................... 31 3.3.5 Strategic Option 5: Market Development ................................Read MoreStandardisation and Adaptation Within International Marketing Context24708 Words à |à 99 Pagesdebate between these two concepts is explored and their respective benefits considered. Subsequently, the role of the marketing mix and strategy are examined in relation to the above approaches along with the consideration of the various factors, which suggest a particular marketing mix approach. Furthermore, this research presents the factors that influence the company to adapt its marketing mix while maintain its standardisation strategy. Those factors are examined include political, economic,Read MoreProject on Risk Management46558 Words à |à 187 PagesInterest Margin (NIM) of banks is dependent on the movements of interest rates. The GAP model for the Asset Liability Management is concerned with measuring interest rate risk by finding the pattern of the net interest income over a given period of time. Capital adequacy norms lays down maintaining of adequate capital risk adequacy ratio (CRAR) has to be adhered to in the process of implementing Basel Norms using Duration or Maturity method. Measures like value at risk (VaR) have to be undertakenRead MoreStudy of Starbuck Coffee and Gloria Jean Coffee7812 Words à |à 32 Pagesbrand through the introduction of new products and the development of new distribution channels. The competitor is Gloria Jeanââ¬â¢s Coffee was franchising in 1998, and opened 185 stores within 6 years where all are locally owned and operated by more than 100 franchisees. By 2003, Gloria Jeanââ¬â¢s Coffee has established stores in every state of Australia. The company has opened 906 stores and signed 34 Master Franchise agreements across 33 countries worldwide, its strength is built upon a strong recognizedRead MoreBaldrige National Quality Program45979 Words à |à 184 Pagesfrom all sectors of the U.S. economy. The Board of Overseers evaluates all aspects of the Program, including the adequacy of the Criteria and processes for determining Award recipients. An important part of the boardââ¬â¢s responsibility is to assess how well the Program is serving the national interest. Accordingly, the board makes recommendations to the Secretary of Commerce and to the Director of NIST regarding changes and improvements in the Program. Foundation for the Malcolm Baldrige National QualityRead MoreOnline Examination System13416 Words à |à 54 Pagesmore emphasis on internal assessments, which may consist of assignments and projects given out and then marked or assessed. However examinations remain a popular component of many assessments. Source: Phillip Dorrell (2006) The author have noticed that most students wanting to acquire an admission into higher problems usually find it hard to achieve because those institutions make it a requirement to for the students to attain English certification which would verify that the students do speakRead MoreCase Study148348 Words à |à 594 Pagesdisposed of by way of trade in any form of binding or cover other than that in which it is published, without the prior consent of the Publishers. 2 à © Pearson Education Limited 2011 Contents Acknowledgements Introduction Using this Manual Planning Your Approach Designing the Teaching Scheme A Guide to Using the Work Assignments A Guide to Using the Case Studies Strategy Lenses The Exploring Strategy Website A Guide to Using the Video Material Exploring Strategy Teachersââ¬â¢ Workshops Teaching NotesRead MoreVolkswagen20284 Words à |à 82 Pageshave launched their factories in this country, making huge efforts to explore their market share. And it has one of the worldââ¬â¢s largest car markets, in the past few years sales have grown forty to sixty percent annually. The favorable macro-environment and policy environment has enabled Chinaââ¬â¢s car industry grew fast and steadily. Volkswagen (hereafter VW) is one of the earliest investors and the biggest foreign car maker in China, its entry and development strategy is very successful, now it controlsRead MoreSales and Marketing for Financial Institutions80443 Words à |à 322 Pages or transmitted in any form or by any means, whether electronic, mechanical or otherwise, without the prior written permission of ASX Limited. Kaplan Higher Education acknowledges the support of Morningstar, EBSCO Australia and ProQuest in the development of its course material. Welcome Congratulations on choosing to complete your postgraduate studies with Kaplan. As an accredited higher education institution we specialise in postgraduate courses in applied finance and financial planning andRead MoreMarketing Management130471 Words à |à 522 Pagesstakeholders. Hence it can be surmised that marketing is basically meeting unmet needs for target markets, identifying those unmet needs and planning how to meet them through products, services, and ideas. Communicating the value to them along with pricing which is affordable and profitable and also distributing the products so that customers have appropriate accessibility and have quick and easy delivery. Marketing is thus the process of planning and executing the conception, pricing, promotion, and distribution
Tuesday, May 5, 2020
Legal Principles Contract Act
Question: 1. Connor urgently needed cash. So he decided to sell his car by parking it outside his house with a notice on the windscreen stating: For sale. Excellent condition-one owner. $26,000 or nearest offer. Please call here at my home number 48 or phone 100 333 only. On Monday at 9am Dolly saw the car but decided not to stop as she was late for work. She phoned from work and told Connor that she would give him $23,000 for his car. Connor said he would consider it. Eileen saw the car and called at number 48 on Monday at 11am. However, the only person there was Connors daughter, Hetti. Eileen wrote a note saying: Monday 11.05 am. Please keep the car for me. Here is my cheque for $26,000Eileen. Hetti left the note on Connors desk in his study. On Monday afternoon Connor decided to sell the car to Dolly for $23,000. He posted a letter at 2.30pm that day to Dollys business address stating: I agree to sell you my car on your terms. This letter was received by Dolly on Wednesday at 10am. At 4.30pm on Monday Connor read Eileens note. He immediately phoned Dollys business address and left a message on her recorded answering service: Ignore my letter that you will receive the deal for my car is off. Dolly was away on business and listened to the recorded message only on Wednesday evening at 8pm. At 2.15pm on Monday Fiona saw the notice on the car and hurriedly posted a letter stating that she would buy the car for the price of $26,000. She sent a cheque with the letter and posted the letter just in time for the 3.30pm postal collection. Unfortunately, as Fiona failed to address the letter correctly it arrived only on Friday. Advise: a.Connor b.Dolly c.Eileen, and d.Fiona of their legal rights and obligations in relation to the above matters. You are required to support your answer by reference to relevant legal authority. 2. Dan took his dinner suit and his wifes silk dress to the Toff Dry Cleaners, a firm his family used whenever they had dry cleaning to be done. He was handed a docket and as usual he placed it in his wallet without reading it. When Dan called to collect the clothing he was told that his dinner suit was missing and his wifes silk dress was badly stained. No explanation was given about the stained dress. However, one of the assistants recalled handing the dinner suit to a customer who had apparently lost his docket but was able to identify the dinner suit when allowed to sort through the rack of dry cleaned clothing awaiting collection by customers. Dan demanded compensation but the owner of Toff Dry Cleaners referred Dan to a clause on the docket which read: We will not be liable for any loss or damage to clothing left for cleaning. The owner also pointed to a sign at the back of the shop which had been displayed there for some time. The sign said: We take all care in the dry cleaning of our customers clothing but we regret we cannot take any responsibility for loss or damage however caused. Dan protested that he had never read the sign or the docket. 1.Advise Dan whether he is entitled to compensation from Toff Dry Cleaners. 2.Would it make any difference if Dan had noticed the clause on the docket and theassistant had said: That excludes liability for damage to buttons and zippers(2 marks) 3.ASSUME that Dan is entitled to compensation for the loss of his dinner suit and the stainedsilk dress. He now tells you that because of what has happened his wife has sufferedemotional distress because the dress was a family heirloom. He also tells you that he andhis wife had to hire, at considerable expense, a dinner suit and a dress for a formal occasionbecause of the loss and damage. Answer: 1. Issue Offer advice to some individuals i.e. Connor, Dolly, Eileen and Flora in light of the facts involved along with the applicable legal principles. Law To execute a legally valid contract, it is mandatory to have a lawful agreement in place. An agreement of such nature would involve a valid offer from the offeror and a valid acceptance from the offeree. Besides, it is required that the acceptance offered should be unconditional or else It may amount to a counter offer (Carter, 2012). Further, it is required to understand the difference between an offer and an invitation to treat. Various advertisements in order to inform the audience about the good being put to sale does not amount to an offer but amounts to only an invitation to treat. Since there is no offer communicated through the advertisement, hence acceptance on the part of the other party would not amount to the execution of a contract. This understanding is derived from the Partridge v Crittenden[1968] verdict. In this case, an advertisement was placed to communicate sale regarding certain protected birds. This advertisement formed the basis of a charge against the advertiser when he was not able to fulfil the promise. The matter went to court where it the court clarified that the advertisement amounted to an invitation to treat and hence no contract has been formed (Lindgren, 2011). Additionally, the opinion given by Lord Parker is relevant in this regard as he advocates that if advertisements were to b e regarded as offers, it would be in violation of business sense as a host of people may give acceptance due to which the obligation on the owner may well exceed the quantity of good owned by the person floating the advertisement (Pathinayake, 2014). Further, it is imperative that the acceptance must be given before the offer expiry. It is right of the offeror to withdraw offer till the time acceptance is given to the offer. In this regards, mental acceptance without communication to the offeror is incomplete and does not constitute acceptance in accordance with the Bressan v Squires [1974] case (Gibson Fraser, 2014). There are various mediums in which acceptance can be communicated to the offeror. One of these is through post and since there is a time delay in this medium, hence certain rules are pivotal with regards to postal contracts (Pendleton Vickery, 2005). The validity of postal offer is related to the time of receipt of post by the offeree. The validity of postal acceptance happens when the post is mailed with no regards to the time of the actual receipt. The above understanding is derived from the verdict of the Tallerman Co Pty Ltd v Nathan's Merchandise(1957) 98 CLR 93 case (Carter, 2012). Application To apply the above principles, the case facts need to be highlighted as shown below. Case facts There was an advertisement floated by Connor which indicated that he wanted to sell his car. This advertisement contained the consideration expected along with relevant contract details. Dolly saw the advertisement and expressed her desire to procure the car for $ 23,000. Connor did not give an acceptance but assured that he would keep the same in mind. Another customer Eileen contacted Connor at 11 am with an offer of $ 26,000 and left a note with her daughter in this regard. Connor sent an acceptance to Dolly at 2:30 pm through a postal letter. After he had sent this letter to Dolly, he got hold of the note left by Eileen and hence called to withdraw the acceptance but since Dolly was not available, his message was received by her only after couple of days. Further, Fiona was also interested in buying the car and at 2:15 pm posted a $ 26,000c cheque for Connor but due to the address being misprinted, it was received only four days later. Application of Law Based on the legal principles discussed above, it is clear that Connor through the advertisement does not communicate an offer but rather an invitation to treat whereby the aim is to invite offers and choose the best offer. The legal positions of given parties is discussed below. Dolly A valid offer was extended by $ 23,000 to the owner using correct means of communication. Acceptance to offer by Dolly was offered by Connor when he posted the letter that afternoon. In line with postal contract rules, acceptance becomes effective at the same moment when the letter indicating acceptance is sent to the offeror. Thus, in the afternoon on Monday, Connor and Dolly executed a valid contract with regards to the sale of displayed car. Later effort made by Connor to cancel the contract would not be valid until Dolly agrees for the same which is not the case here. Eileen A valid offer was made with a consideration of $ 26,000. Although Connors daughter left a note containing Eileens message, but this was read by Connor only after he had communicated acceptance to Dolly. Since the car was already sold before acceptance could be given by Connor, hence there is no enforceable contract between Eileen and Connor. Fiona An offer was made by her to buy the given car by extending $ 23,000 to the owner. This offer was communicated to Connor using postal medium. As per the information extended, Connor received this mail only on Friday. Hence, as per postal contract rules, the offer came into force on Friday but the car was sold only on Monday. Since the car was already sold before offer could be made to Connor, hence there is no enforceable contract between Eileen and Connor. On the basis of the above discussion, it may be concluded that Connor and Dolly have executed a legal contract in regards to the displayed car. To discharge the contractual obligations, Dolly should offer $ 23,000 to Connor and in turn Connor should turn the possession of his car to Dolly. In case, any of the two fails to comply with their respective obligations, then the result would be in breach of contract and legal implications for the non-compliant party. Conclusion There is valid contract for car sale between Dolly and Connor and both parties should comply with their respective obligations to avoid legal implications. The other parties merely made an offer but failed to get an acceptance from Connor. 2.Part (a)Issue Bases on the case facts, the aim is to advice on the prospects of Dan being successful in receiving compensation from Toff Dry Cleaners. Law With regards to the terms that are mentioned on the receipt, three conditions should be ascertained in order for the court to take cognizance of these. The conditions are as mentioned below. The contract terms must be notified either during the contract execution or before that as has been highlighted in the verdict of Olley v Marlborough Court Hotel[1949] case (Lindgren, 2011). Under one condition the above rule is not obeyed i.e. when the parties involved in the contract have had past dealings and on account of these the terms are implied even without stating (Carter, 2012). The document that contains the terms must be intended towards initiation of contractual relations between the party as indicated through the verdict of Chapelton v Barry Urban District Council[1940] case. The summary of the above case judgement that receipt is not a proper document for documenting the clauses of the contract and should be instead stated on a worthy document (Latimer, 2005). Reasonable measures must be undertaken by the party to bring these terms to other partys notice as evident in the verdict of the Parker v South Eastern Railway Company[1877] case. This case highlighted that the party entrusted with the task of receipt issuance is responsible for undertaking reasonable efforts to make the other party aware with the terms. However, in case even after these efforts, the other party may not go through the conditions but then the terms would be enforceable (Gibson Fraser, 2014). A case worth mentioning is the Curtis v Chemical Cleaning Co [1951]. The wedding dress was given by defendants for cleaning and the a receipt was signed while the plaintiffs assistance communicated that there would not be any liability on the part of the cleaner for damage caused to beads and sequins. The assistant had miscommunicated the clause which in actuality absolved the cleaner of all liability in case of any cloth getting damage. The dress got damaged and the courts ruling was that damages be paid by defendant due to miscommunication by assistant (Lindgren, 2011). Also, tort law plays a critical role in commercial transactions as well since the negligible behaviour is not acceptable and inclusion of an exemption clause in the receipt does not indemnify the party of such behaviour. Even if the applicability of the exemption clause is confirmed by meeting all criteria, liability cannot be escaped under the guise of exemption clause in cases of negligent behaviour as reasonable care is expected (Davenport Parker, 2014). Application Dan offers clothes to the cleaner and receives the docket without reading the same, When at the scheduled date, he came for receipt of cleaned clothes, the drycleaner could not find his suit and there were heavy staining of the silk dress which belonging to his wife. Compensation was asked for by Dan but the owner of the shop indicated to exemption clause contained on the back side of the docket. The exemption clause indemnified the cleaner from any loss or damage to the clothes. Dan claimed that he was not aware of this clause and had not read it. On the basis of the discussion in the above section, it may be stated that Dan should get compensation from the owner of the shop. This is because the loss of Dans suit happened because of negligent behaviour by the staff who offered Dans suit to other client whose docket had misplaced. Adequate cross verification was not done. Further, with regards to silk dress getting stained, the exemption clause would not be applicable as reasonable efforts by the dry cleaner have not been taken to draw Dans attention to the exemption clause and despite past dealings, he was unaware about the existence of the same. Now if the Dan was aware about the exclusion clause, then also he would be successful in drawing compensation from the cleaner. Dans suit has been lost due to negligence which is evident that adequate cross verification was not done. There is a tacit duty to care on the cleaner with regards to clothes of customers and this duty has not been adhered to by the cleaner. Thus, Dan is entitled to compensation for the suit. Regarding the silk dress also, Dan is entitled for compensation as the assistant has wrongly stated the exemption clause. Thus, in accordance with the Curtis v Chemical Cleaning Co case, Dan can claim compensation in this case also. In accordance with the legal principles driving tort law, the drycleaner has a duty to care towards the clothes handed over by the customers. It is evident based on the given facts the negligence on account of the drycleaner is the main reason for the damage caused to the dress. Further, due to the negligent behaviour by the drycleaner, inconvenience caused to the customers will have to be borne by the negligent party only. This in in line with the basic principle that damage could have been prevented had the party not breached duty to care. Thus, if the drycleaner was not negligent in its conduct, this damage caused to Dan and his wife would not have taken place (Davenport Parker, 2014). Hence, expenses involved in dress hiring can be claimed and the drycleaner would need to compensate Dan for this damage caused. References Carter, J. (2012), Contract Act in Australia, Sydney: LexisNexis Publications, Davenport, S. and Parker, D. (2014), Business and Law in Australia, Sydney: LexisNexis Publications Gibson, A. and Fraser, D. (2014), Business Law, Sydney: Pearson Publications Latimer, P. (2005), Australian business law, Sydney: CCH Australia Ltd. Lindgren, K.E. (2011), Vermeesch and Lindgren's Business Law of Australia, Sydney: LexisNexis Publications Pendleton, W. and Vickery, N. (2005). Australian business law: principles and applications, Sydney: Pearson Publications Pathinayake, A. (2014), Commercial and Corporations Law, Sydney: Thomson-Reuters, Case Laws Bressan v Squires [1974] 2 NSWLR 460 Chapelton v Barry Urban District Council[1940] 1 KB Curtis v Chemical Cleaning Co [1951] 1 KB 805. Olley v Marlborough Court Hotel[1949] 1 KB 532 Parker v South Eastern Railway Company[1877] 2 CPD 416 Partridge v Crittenden[1968] 1 WLR 1204 Tallerman Co Pty Ltd v Nathan's Merchandise(1957) 98 CLR 93
Subscribe to:
Posts (Atom)