The law of contract demonstrates that the courts cling to an outdated Essay

The law of contract demonstrates that the courts cling to an outdated vision of the market, which privileges certainty, form and - Essay Example Equality as an opposing principle practiced under capital regimes exposes the markets to uncertainty before the courts with regard to compliance with the law of contract. Certainty is a key theme in courts of equity, which comes at a cost of overlooking relationships and fair dealings in the modern contract law setting. This implies that the government through the judiciary intervenes in various spheres of market operations by enforcing stipulated contract rules and procedures against all odds of relationships and fair dealings.4 The privilege given to certainty in contract law is seen in many cases, a case in point being Gibson v Manchester City Council.5 In the case, the Court of Appeal held that no contract had been established between the two parties, considering that the council’s letter did not present a contractual offer. In this case, there was no certainty regarding the offer. Another case that exemplifies the privilege given to certainty is Carlill v Carbolic Smoke B all Company.6 In this case, the Court of Appeal held that a contract had been formed between Carbolic Smoke Ball Company and Carlill, considering that the advert posted by the latter regarding the effectiveness of the product on offer presented all the elements of a binding contract.78 Certainty in the terms of the contract is emphasized in the words of Lord Justice Lindley ‘We are dealing with an express promise to pay $100 in certain events’.9 Freedom of contract encompasses the ideals of fairness and equality10. Equity as the main principle in contract law provides for certainty and clarity against other factors that complicate a judge’s perception of wisdom11. A formalized set of rules in the contract law jurisprudence affects the free market setting in which the modern economic procedures take place. In the description of the free market economies, application of a strict and rigid legal regime often translates into complication of freedom of contract, as th e economy requires. In this discussion, the principles of contract law in force illustrate the apparent disconnect with the freedom of contract, relationships and fair dealing. Mitigating principles under contract law implies that the parties to a contract must accept the exchange value forwarded by the other party to avoid sustaining avoidable loss.12 In terms of fairness interpretation, mitigation principles may not apply in cases where the relationship between the parties does not allow such cooperation as would reduce loss. Market setting based on business rivalry and competition may not allow such conditions as would enable the parties to partake in contractual obligations of mitigating losses even when aggrieved. In terms of remoteness as observed in Transfield Shipping Inc. v Mercator Shipping Inc. (The Achilleas),13 mitigation is particularly difficult in realization of contractual obligations. It is impossible for mitigating procedures to be distinguished from acceptance of the contract, which makes contract law unfair on

Nursing Leadership & Management and its Concerns Essay

Nursing Leadership & Management and its Concerns - Essay Example There is certainly also the feeling that I am being taken advantage of because of my willingness to substitute on other units. The nursing office may have other choices, but probably consider me the easiest to convince. So, although it is not usually in my personality to be confrontational, I feel that I would have no choice under these circumstances and I would initially have to use the confronting conflict resolution method in approaching this situation. I would need to confront the nurse's office with the fact that I have no qualifications to work OB and that even though I have served in different capacities in the hospital I would not feel secure in giving the patients in OB anywhere near standard care. This also uses the technique of forcing my view on the nurse's office so they can see that I am not willing to just say yes. However, not wanting to make my supervisors feel that I am not a team player and simply do not want to cooperate because it is Saturday night, I would also use the strategy of negotiation to help resolve the problem for both the hospital and myself. Each party, may or may not be aware of the others conceptualization of the meaning of the conflict, but the parties do have what they believe is a clear concept of the conflict in their own mind. To determine the accuracy of the beliefs about the conflict, both parties need to sit down and determine the existence and nature of the conflict and the reasons it exists. (Kelly-Heidenthal, 2003, p. 338) I would suggest that I substitute for someone else on another ward that I am more capable of handling and that they are they are more qualified, work in OB. Although the Nurses office said that I am the most qualified, I may only be the most available and if they looked into it the way I suggest they may be able to find an alternative. If they were not able  to, at least my offer to work would help to placate any suspicions that I am just trying to go out on a Saturday night.

Impact of Technology on Childhood

Impact of Technology on Childhood In this essay the various stages of technology impact on childhood will be discussed and how more and more children influenced and affected by media such as TVs, video games to the internet, and computers. Todays globe has been initiated by technology into the early childhood daily activities or education programs, thus you can find computers, internet, TVs and other technology components at any school ,household ,internet cafe or electronic play ground. Technology has the dark side effect on youth and children more than adults .For instance social behaviour disorder, child and youth obesity and health issues. However some parents believe that technologies are good for their children to learn faster and affect significantly on their education performance and it is essential in todays world. Consequently the negative sides of technology impact on childhood should be acknowledged and addressed regularly to the children through education providers programs and of course by contribution of the parents. To begin with that child obesity can be caused by over use of technology tools. Generally from beginning of childhood, most kids are able to get access to computer specially computer games at home. According to Donald (1999) 70% of households with children have TV based video games; however desktop based computers are not the only tools that children involved with. Laptop, I-Phone, PSP or handheld games are available to kids especially to middle school children. Technology use has modified noticeably in the past years, for instance any imaginable video games, online games where the children can interact with other kids and playing the same game at the same time consequently the hours per day that children are involved with technology are higher than the amount of time that they put in to completing their homework. Apparently youthful individuals are different significantly in their interest, some kids contributing in physical activities and sports, others playing video games are their main interest. Physical activity is required to the physical and mental healthiness of young people, and of course their self confident. Generally it has been shown in too many studies and researches that childhood are increasingly affected by their desire for peers acceptance which means children do most of their physical activity in groups rather than by their own. In fact spending time with groups which are supportive and active is one of the main inspirations to the kids to be active. Despite some people have their own point of views regarding reasons that affect younger generation physical activities, for instance some believe that genetics is the cause, some consider that its parents responsibility. In addition physical activity can be reduced after school hours as more kids interact and involve with video games, therefore they have less time for physical activity and sport. According to some researches that video games and PCs cause more deep focus and unhealthy postures in kids than doing homework or watching TV .In fact the risk of physical and visual disorders and obesity in those kids are greater than other kids who spent less time using technology. The other effect of the technology on childhood is the way how children response and react to other kids and their parents in the areas of understanding and good manners or valuing the respect of other individual. Generally these days mostly parents are busy with work and other life commitment during a week, so they have less time to spent time interact and communicating with their children fully, as result of that any kind of technology such as computer, internet and specially video games will replace guardians role because at least it would be safer for kids to stay inside house play video games rather to spent time outside and playing in neighbourhood with other kids. Furthermore, harmful social impact of technology, isolation that happened to some kids who grown these days and regularly using computer and video games is the other dark side of technology .In fact there is relation between regular computer use and poor social participation and sadness which can be warning bell to t he parents that any kind of technology may keeps their children away from them and reduce their parental interaction with them. Retail sales of video games came to $ 9.9 billion according to the annual U.S retail sales in 2004. In addition another surveys includes 70% of household with kids between 2 to 17 years old have access to internet and 68% have video games according to Woodrad Gridina (2000).Consequently when kids involve playing video games and especially violent one therefore politeness and empathy would replace by aggregation towards guardians, their parent or other kids at school thus they intent to upset or frighten others within school or community and often involves violent behaviour or aggressive actions. Admittedly we belong to an increasingly technology base community and children need to be informed, addressed and prepared so they can perform in a work environment and in a world where computers are basic tools of everyday life. Technology has positive impact on children development and educational performance such as communicational, ease of access of information and career benefits. For instance children do not just have to learn about other peoples backgrounds and values in a textbook, instead they can use the technology at hand, such as a computer and internet. This can help children to recognise the differences between cultures and resolve cultural conflict with others kids from different background that they may study together and work with later on; in addition technology improves the way children communicate with guardians and within community by technology tools such as instant messaging, chatting room and discussion board through internet. Furthermore, children who have access to technology specially computer with supporting activity more likely improve their imagination skills, structural knowledge and long-lasting memory, depends of what sort of information and computer exercise offered to the them and how often children able to work with computers in regular basis. Generally the main role of technology, especially computers at the primary level of childhood are significant as it can improve childrens mathematical abilities, creativity and critical thinking. Basically in todays world, technology and computer has significant impact and influences on people life, Consequently the kids who get appropriate and necessary training of the technology and computer will able to overcome difficult task that they have been given through school an continuously through their life to compare to the children who has less access to this resources or belonging to the lower level of society. Based on the information, it is clear that the high use of technology by children has a negative effect on their physical and mental well being. Child obesity in relation with technology is very high, and is an obvious cause of health problems in children. Also childrens social behaviour is negative impacted with high interaction of technology, they are encouraged to replicate violent behaviour and become self isolated. The negative impact of technology and computer use in early childhood development should be recognised by the education providers and parents so they can address them regularly to the early childhood programs to reduce issues which children can develop.

Smoking: Hazardous to Your Health Essay -- Argumentative Rebuttal Essa

Smoking: Hazardous to Your Health A about two weeks ago I read an essay called, â€Å"Thank You for Smoking†¦?† by Peter Brimelow. This essay’s main point tries to explain how smoking can be beneficial in some ways. Brimelow’s essay claims smoking can help while driving. Brimelow also thinks smoking can help protect personal freedoms along with benefiting health in some ways (141). Nonetheless, cigarette smoking is the single most preventable cause of premature death in the United States (Morbidity and Mortality Weekly Report). Clearly then, smoking is a very hazardous activity and causes many deaths. Driving and Smoking Brimelow informs his readers that smoking can increase alertness and dexterity which will help when driving (Brimelow 141). It has been confirmed that this is true. Although I do not smoke, should I if I am getting sleepy while driving? Fortunately, it is not necessary. There are many other aids that can help with alertness, such as caffeine. Many popular drinks such as coffee, cappuccino, or pop contain caffeine which can help eliminate tiredness. There are hazardous of smoking while driving also. Cigarettes can be cumbersome and a distraction while driving. If there is anything flammable in the vehicle, a lit cigarette poses a possible hazard. Also, if other people are in the car at the same time, they will be forced to inhale the dangerous toxins floating around. Freedom While talking about freedom and personal choices, Brimelows’ essay notes that we are able to â€Å"†¦judge, as individuals, that the reward outweighs the risk. This is called freedom†(141). It is difficult to provide everyone with their desires associated with smoking. I hate the sme... ...enefit in a few small ways, but has many more negative consequences. Smoking, along with second-hand smoke, has caused many preventable deaths in the United States. Smoking is obviously hazardous, along with being the cause of many deaths in the United States. Works Cited Brimelow, Peter. â€Å"Thank You for Smoking†¦?† The Genre of Argument. Ed. Irene L. Clark. Boston: Thomson-Heinle, 1998. â€Å"Cigarette Smoking-Attributable Mortality and Years of Potential Life Lost—United States, 1990† 19 Sept. 1998 Centers for Disease Control and Prevention. 18 March 2004 . Clark, Irene L. The Genre of Argument. Ed. Irene L. Clark. Boston: Thompson-Heinle, 1998. â€Å"OMA position paper on second-hand smoke† Nov. 1996 Ontario Medical Association. 16 March 2004 . Smoking: Hazardous to Your Health Essay -- Argumentative Rebuttal Essa Smoking: Hazardous to Your Health A about two weeks ago I read an essay called, â€Å"Thank You for Smoking†¦?† by Peter Brimelow. This essay’s main point tries to explain how smoking can be beneficial in some ways. Brimelow’s essay claims smoking can help while driving. Brimelow also thinks smoking can help protect personal freedoms along with benefiting health in some ways (141). Nonetheless, cigarette smoking is the single most preventable cause of premature death in the United States (Morbidity and Mortality Weekly Report). Clearly then, smoking is a very hazardous activity and causes many deaths. Driving and Smoking Brimelow informs his readers that smoking can increase alertness and dexterity which will help when driving (Brimelow 141). It has been confirmed that this is true. Although I do not smoke, should I if I am getting sleepy while driving? Fortunately, it is not necessary. There are many other aids that can help with alertness, such as caffeine. Many popular drinks such as coffee, cappuccino, or pop contain caffeine which can help eliminate tiredness. There are hazardous of smoking while driving also. Cigarettes can be cumbersome and a distraction while driving. If there is anything flammable in the vehicle, a lit cigarette poses a possible hazard. Also, if other people are in the car at the same time, they will be forced to inhale the dangerous toxins floating around. Freedom While talking about freedom and personal choices, Brimelows’ essay notes that we are able to â€Å"†¦judge, as individuals, that the reward outweighs the risk. This is called freedom†(141). It is difficult to provide everyone with their desires associated with smoking. I hate the sme... ...enefit in a few small ways, but has many more negative consequences. Smoking, along with second-hand smoke, has caused many preventable deaths in the United States. Smoking is obviously hazardous, along with being the cause of many deaths in the United States. Works Cited Brimelow, Peter. â€Å"Thank You for Smoking†¦?† The Genre of Argument. Ed. Irene L. Clark. Boston: Thomson-Heinle, 1998. â€Å"Cigarette Smoking-Attributable Mortality and Years of Potential Life Lost—United States, 1990† 19 Sept. 1998 Centers for Disease Control and Prevention. 18 March 2004 . Clark, Irene L. The Genre of Argument. Ed. Irene L. Clark. Boston: Thompson-Heinle, 1998. â€Å"OMA position paper on second-hand smoke† Nov. 1996 Ontario Medical Association. 16 March 2004 .

The Lesson of Romeo and Juliet

Stephanie Lloyd Ms. Christenson English 9 May 19, 2010 The Lesson of Romeo and Juliet What happens when you are in love with an enemy of your family? In The Tragedy of Romeo and Juliet this is just the case. Romeo and Juliet are two teenagers madly in love with each other, yet their families are at war. The two of them take all the risks to be together and deceive their parents time and time again. Many spectators of this play say that the lesson of Romeo and Juliet is that children should not deceive their parents. This is not the lesson at all. The lesson of Romeo and Juliet is that if love is strong enough, you’ll die for it. In the play, Juliet and her nurse do numerous things to keep Romeo and Juliet together. Romeo has Juliet tell her nurse to get him a ladder so that he can climb over the walls of the Capulet’s to see Juliet at night. The two of them are not afraid to do anything they have to for them to be able to see each other. Romeo and Juliet went as far as to go to Friar Lawrence and get married. Their love was so strong that they were willing to take the chance of losing everything just to be together, even if it meant dieing for on another. For example, in the play the Capulet’s, Juliet’s family and the Montague’s, Romeo’s family are at war. The two families hate each other, yet when Romeo and Juliet fall in love the nurse does everything to help hide it. Juliet tells her nurse that she is in love with Romeo, and the nurse keeps it a secret because she knows what would happen if Lady Capulet or Capulet, Juliet’s family found out. Juliet’s nurse knows that if she is caught hiding this secret that she will be severely punished. She helps the two of them be together even though she fears the risks of doing so. The nurse is more of Juliet’s mother than Lady Capulet is. This is the main reason that she helps Juliet so much. The nurse even gets Romeo a ladder so that he will be able to climb over the walls of the Capulet’s so that he can see Juliet at night. She hides everything from the Capulet’s, tells them lies about where Juliet is when she is seeing Romeo, and at night when Juliet is talking to Romeo and Lady Capulet is coming the nurse warns her so that the two of them wont get caught together. Yes the two of them were deceiving their parents, but they were doing it for love. They did not just do it because they could, it was simply for the love that they had for one another. When you read this play you can feel the emotion through the words Romeo and Juliet speak. As another demonstration on how the lesson of this play is â€Å"if love is strong enough you will die for it†, Romeo and Juliet went against all odds and got married. The two of them went to Friar Lawrence and asked him to marry them. They all knew that this was extremely forbidden because of the war between the families. Friar Lawrence did not want to marry Romeo and Juliet at first, but then he thought that maybe it would end the feud between the two families. Romeo and Juliet, if caught, could have been in more trouble than they had ever imagined. They took this risk because they loved each other and wanted to be together at all costs. These two teenagers did everything they could to be together. The things that they told each other were the most powerful words of love that two people could exchange. Romeo and Juliet’s love was so strong that they were willing to do anything to stay together. Right before the two of them had planned to have sex to claim each other in their marriage, they were caught. Romeo was banished from Verona for having relations with Juliet. Capulet then told Juliet that she was to marry a boy named Paris. Juliet was heartbroken about this and tried everything that she could to get the wedding stalled so that she would have time to go and find Romeo. Juliet went to Friar Lawrence to ask him for some advice on what she should do. He gave her a potion that would make her sleep for 42 hours but everyone would think that she was dead. Juliet and Friar came up with the plan for Juliet to drink it the night before her wedding. The next day when no one could wake her everyone would think that she was dead. They would then have a funeral and Juliet would wake before they buried her and go to find Romeo. Things went wrong with the plan though. Friar had sent Romeo a letter telling him that Juliet would be alive, but it never got to him. Romeo returned to Verona and found Juliet. She had already taken the potion and Romeo thought that she was dead. In his eyes, if she was dead then he could not go on living. Romeo killed himself right before Juliet woke up from the affects of the potion. When Juliet woke up and saw that Romeo had killed himself she was devastated. She had lost the love of her life that she had done so much to be with. Juliet killed herself when she saw Romeo because she knew that she would be with him in heaven. The two of them were finally together in a place where no one could tear them apart. If love is strong enough, you’ll die for it. This is the real lesson of Romeo and Juliet. Juliet and her nurse did everything they could to keep Romeo and Juliet together. The nurse gave Romeo a ladder to be able to see Juliet at night. Romeo and Juliet even got married behind their families backs. This play shows just how strong love can be and how much two people can care for one another. Many think that they have a strong bond with another person, but a lot of the times it turns out to be nothing. Romeo and Juliet is a case of true undying love for another person. This play shows everyone what love truly is. Its not just something you say because you can, its something you say because you mean it. If you really love someone you’ll do anything to be with that person. Is the love you have with someone else strong enough to die for?

Hardvard Case: TA Answers

1. This is a good deal for HPT’s shareholders and they did it for several reasons: First of all, TA’s operating business was spun off for federal income tax considerations. To maintain its status as an REIT for tax purpose, a large majority of HPT’s gross income had to be generated from real estate rents or mortgage interest. To meet these requirements, HPT was forced to divest itself of TA’s operating business. Second, the management of HPT believed that the rental income from TA’s sites would significantly diversify its revenue stream by providing exposure to a historically recession-resistant industry that did not follow the cyclical patterns of the hotel industry. Finally, the spin-off will unlock the hidden value of TA and the shareholder of HPT will receive shares of TA. As a result, this will create value for shareholders of HPT. 2. The HPT use the spin off for several reasons: Carve-out is partial spin-off, only unlocking partial hidden value. Most of the time, an equity carve-out ultimately results in the parent company fully spinning off the subsidiary. For HPT, carve-out can’t help them to avoid tax. Sell-off means selling assets, divisions, and subsidiaries to another corporation. For HPT, since they have just acquired TA, they have no reason to sell it unless there is a bigger profit than the sum of acquisition cost and the spin-off benefit. Issuing tracking stock –no legal separation or transfer of assets from HPT to TA First, issuing tracking stock will dilute the shareholders’ ownership. Instead, new spun off stock has no equity claim on the assets or cash flows of the old parent company (HTP). Second, for tax consideration, issuing tracking stock won’t help HPT to avoid tax. Third, overvalued market moods. if the investors are over-optimistic about the industry of TA, HPT can take advantage of it and have higher capital gain. But there is no evidence that investors have such mood about the TA industry. 3. Number of shares outstanding = 8628425(Exhibit 4), price per share=29 Equity value = shares outstanding * price= $250224325. There is no debt for new TA, cash equals $213205000 (Exhibit 7) Capital lease obligation = $105252000 (Exhibit 7). EV=Equity value+ debt (short+ long)-cash (and equivalents)+capital lease obligation= $142271325= $142. 27 (MM) The HPT gives $213 million to TA in order to cover up real estate properties and help TA to run its business without increasing leverage ratio. Also, it can help create better balance sheet, thus facilitating publicly trading and decreasing default risk by and large. 4. What is the fair value of one share of New-TA? 1) Multiple valuation method We use Pantry (PTRY) as comparable firm from three comparable firms. Because Pantry has a similar business model as New-TA, it leases most of its stores for operation instead of owning them (it owns 368 stores, but leases 1125 stores). Nevertheless, the other two firms own most of their stores, so they are excluded from our selection. Thus, EV/EBITDA=7. 1(data for 2007) Post-acquisition depreciation $18029000(Exhibit 9) P ost-acquisition EBIT $14936000(Exhibit 9) EBITDA = $32965000. (Exhibit 9) Based on our multiple valuations using 7. 1 times of EBITDA multiple, the fair value of New-TA is 234. 05(MM) Equity Value= EV- debt + cash – Capital lease obligation= $341. 99(MM) Price per share= $341. 99mm/8628425= $39. 64 2) DCF method (see Excel) 5. After the spin-off, New-TA has no debt outstanding so that it is easy to finance in the future operation. On top of that, the company’s leverage is low, which decreases the default risk of the company by and large. HPT retains its real estate and gives its operating business to the New TA, hoping that the New TA could focus on the its strong point and develop more aggressively in the market. Besides, there will generate some tax beneficial due to the spin-off transaction, which increases net income of the company. In addition, gross margins of New-TA are incredibly high, encouraging the company to grow at a faster speed and generate large amount of gross profits.

Free Essays on Role Of Blacks In The Civil War

Black Involvement in the Civil War â€Å"We must fight now, not because we want to subjugate the South but because we must,† (McPherson 486) was the cry of the Northerners during slavery. Like Galations 5:1 states, †It is for freedom that Christ has set us free. Stand firm then, and do not let yourselves be burned again by the yoke of slavery.† This means that we should stand firm against everything that is wrong, because Jesus has set everyone free from sin just like the Civil War set slaves free from slavery. The Civil War, also known as the war Between the States, was fought on American soil and was the result of the disagreement between the South and the North on slave issues. After the signing of the Emancipation Proclamation it become a fight of freedom for blacks (Sawyer 15-18, Meltzer 73-82). During the slave trade, African American were transported by Europeans who planned to sell them as slaves. If the slaves were weak or unhealthy they were often abandoned. Nearly 50,000 blacks chained side-by side were brought to America. They were placed in the slave market when they arrived in America, and at auction white property was often sold along with the slaves (Hughes 14-16). Opponents of slavery, called Abolitionists, believed slavery was immoral and the Declaration of Independence should be applied to everyone, slaves as well as whites, that they might enjoy the rights of â€Å"life, liberty, and the pursuit of happiness† (Hughes 40-42, Meltzer 79-84). The Civil War occurred for many reasons. One was the election of Abraham Lincoln as President of the United States in 1860. The Southern Democrats did not accept Lincoln as president, because they believed that his stand against the expansion of slavery would ruin the South (Encarta). Another reason was the Kansas-Nebraska Act, which allowed each new territory to decide whether the new state would be a free state or a slave state. This lau... Free Essays on Role Of Blacks In The Civil War Free Essays on Role Of Blacks In The Civil War Black Involvement in the Civil War â€Å"We must fight now, not because we want to subjugate the South but because we must,† (McPherson 486) was the cry of the Northerners during slavery. Like Galations 5:1 states, †It is for freedom that Christ has set us free. Stand firm then, and do not let yourselves be burned again by the yoke of slavery.† This means that we should stand firm against everything that is wrong, because Jesus has set everyone free from sin just like the Civil War set slaves free from slavery. The Civil War, also known as the war Between the States, was fought on American soil and was the result of the disagreement between the South and the North on slave issues. After the signing of the Emancipation Proclamation it become a fight of freedom for blacks (Sawyer 15-18, Meltzer 73-82). During the slave trade, African American were transported by Europeans who planned to sell them as slaves. If the slaves were weak or unhealthy they were often abandoned. Nearly 50,000 blacks chained side-by side were brought to America. They were placed in the slave market when they arrived in America, and at auction white property was often sold along with the slaves (Hughes 14-16). Opponents of slavery, called Abolitionists, believed slavery was immoral and the Declaration of Independence should be applied to everyone, slaves as well as whites, that they might enjoy the rights of â€Å"life, liberty, and the pursuit of happiness† (Hughes 40-42, Meltzer 79-84). The Civil War occurred for many reasons. One was the election of Abraham Lincoln as President of the United States in 1860. The Southern Democrats did not accept Lincoln as president, because they believed that his stand against the expansion of slavery would ruin the South (Encarta). Another reason was the Kansas-Nebraska Act, which allowed each new territory to decide whether the new state would be a free state or a slave state. This lau...