Saturday, January 25, 2020
We Must Ban MTBE Gasoline Use in Cold Climate Areas :: Argumentative Persuasive Argument Essays
We Must Ban MTBE Gasoline Use in Cold Climate Areas Several years ago doctors told us that because butter contained a lot of cholesterol it would be healthier to use margarine instead. Yet just recently it was discovered and told us by doctors that although butter has more cholesterol, overall it is healthier than margarine (Kamen 1). Margarine had some unseen negative effect on the human body, and human health. A similar yet distinct situation is happening today in the gasoline industry. In order to reduce the pollution that vehicles emit oxygenates are added to gasoline. Oxygenates reduce the amount of toxins released. The most common used oxygenate is methyl tertiary butyl ether (MTBE). MTBE like margarine has had some unexpected and previously unseen harmful effects on the human health when used in cold climate areas. It has caused respiratory problems, nausea, headaches, and tissue inflammation and irritation (Cong 2). In an effort to protect all aspects of human health I propose that the use of MTBE as a gasoline oxygenate be banned in cold climate areas of the United States of America. When the United States was founded, Congress, the legislative branch of government was established to pass laws and legislation for the betterment of the people. Due to an increase in the number of vehicles, pollution from their emissions has become an increasingly large problem. Vehicle exhaust emissions contain volatile organic compounds (VOCs) and nitrogen oxides (NOx) that when combined with sunlight create ozone. Ground level ozone is harmful to plants and to the human respiratory system. It causes chest pain, headaches, nasal congestion, sore throats, and reduced breathing capacity. Cars also emit carbon monoxide (CO) which is toxic to the human body (ADEQ 1). In order to better ensure and maintain clean air Congress passed the Clean Air Act of 1990. As part of this Act the cities in the United States where the set limit of carbon monoxide (CO) had been exceeded were required to sell oxygenated gasoline at the gas pumps to help reduce the CO level (Cong 2). In all there are over thirty areas in eighteen states that use oxygenated gasoline (EPA other 1). There are several different oxygenates, but in the U.S. 84% of the oxygenated gasoline uses MTBE as the oxygenate (EPA other1). MTBE must make up 15% of the gasoline mixture in order to meet federal standards (EPA 19).
Friday, January 17, 2020
Comparison between Lennie Smalls and Isaac Statchard Essay
These two texts, ââ¬Å"Of Mice and Menâ⬠and ââ¬Å"The Ostlerâ⬠, seem extremely different when you read them through. Once you have thought about them though, they do have many similarities. The two texts are set in very different times with many social, historical and cultural differences. ââ¬Å"Of Mice and Menâ⬠is about two friends who are looking for work during the Great Depression. ââ¬Å"The Ostlerâ⬠is about a stable buck who has a dream, which becomes reality but ends in a tragic way. Both texts are set in different times and both the characters come from very different backgrounds. Lennie, for instance, has some form of disorder, which affects his speech and memory, and he had been looked after for all of his life. Isaac has lead a very conservative but unlucky life. There are many similarities despite their obvious and not so obvious differences. After the excitements of the 1830s and ââ¬â¢40s, mid-Victorian England was relatively quiet, with the family being regarded by most mid-Victorians as the central institution in society. This is extremely likely to have something to do with Isaac wanting to settle down. The differences in the rights people had were quite shocking. For instance women didnââ¬â¢t have the vote and men were judged whether they were allowed to vote on the size of their estate. The U.S. economy had gone into depression six months earlier; the Great Depression may be said to have begun with a catastrophic collapse of stock-market prices on the New York Stock Exchange in October 1929. The result was a large decrease in output and large increase in unemployment. There are similarities linking the backgrounds of the two texts. The employment situation is similar as in ââ¬Å"The Ostlerâ⬠it is hard to get casual work and in America where ââ¬Å"Of Mice and Menâ⬠is set work, is almost non-existent. Women are considered the lower sex and they both have pretty much the same position in, living at home and tending to children etc. We are introduced to Isaac in a dream, in which it tells his story we think but really, it is foreseeing what is going to happen to him. It is a bit confusing for the reader because we get no information about setting or what has happened, we are launched into it knowing nothing. It changes narrators in the third column, ââ¬Å"after a little hesitation, he compiles with my request. Some years agoâ⬠. This is where the text leaves his dream and starts the whole story over again but in greater detail. We know that Isaac lacks intelligence by his mother saying that he has a poor memory. I think Collins has chosen a protagonist such as Isaac because he is a very normal person. I think he wanted to create a character that people could almost relate to and look into their personality. Collins creates a seemingly real character by creating a life and a lifestyle that he follows. Every aspect of a personââ¬â¢s life seems to be covered. He takes the reader into the mind of Isaac and you could almost control him after you have read the text because it is so detailed. We are introduced to Lennie Smalls after he and George are on the run from their native Californian town, Weed after Lennie is involved in an incident with a women. We learn in section one that Lennie is travelling with a friend, George Milton who is like a Father to Lennie. We find out that he is a very large and slow man and he has a very pleasant temperament from what we read. Lennieââ¬â¢s description is significant. He is a ââ¬Å"huge manâ⬠and ââ¬Å"dragging his feet a little, the way a bear drags his pawsâ⬠and also the way he speaks: ââ¬Å"where we goinââ¬â¢, Georgeâ⬠. The descriptions from other characters, ââ¬Å"a childââ¬â¢s mind locked inside a mans bodyâ⬠, also when George is talking to the head of the ranch he describes Lennie as not being very intelligent. Steinbeck comes across very truthful in the way he describes Lennie he uses words, which make us build up images in our minds. Steinbeck has used words such as ââ¬Ëgentle giantââ¬â¢, ââ¬Ëhugeââ¬â¢ and ââ¬Ënice fellaââ¬â¢. The way he is described is a complete contrast to his personality. I think he uses these words to show that Lennie does have strengths but he also has quite a considerable number of weaknesses such as his speech. Lennie has been compared to several animals throughout the first section of the book. I think Lennieââ¬â¢s characteristics are either similar to these animals, or he is copying them.It is obvious that he has a liking for animals, especially rabbits. Third person narrative has been used effectively, it gives the reader the story from different points of view which brings out different things in characters which you may not have got otherwise. Lennie and Isaac are surprisingly similar; they are both people anyone I believe can relate to in some way or another. Neither of them are particularly bright especially Lennie who suffers from an unspecified illness. They both want different lifestyles. Lennie wants to tend the rabbits and Isaac wants to get married. They are in very different circumstances at the start and the whole way throughout the books, Isaac living with his mother and having her support and Lennie having no family. George is not really the same kind of support. Lennie looks upon George as a friend not a parent figure. Steinbeckââ¬â¢s way of developing characters is similar to Collins. He tries to make the characters seem as realistic as possible. He gives them each their own way of doing things. The way Steinbeck has done it makes you want to read on because you feel closer to the characters and you almost feel a part of them and you experience there emotions and thoughts. Lennie has a disability, which affects his speech, and this I think is the reason for such short sentences from him. I do not think he has the intelligence to put together a large sentence. A few examples of his dialogue, ââ¬Å"I am not takinââ¬â¢ it away jusââ¬â¢ for meannessâ⬠and ââ¬Å"I ainââ¬â¢t gonna say nothin'â⬠. Using slang, colloquialisms are effective because it makes it a bit more realistic. It is using terminology, which the characters would have done. Some examples of this are ââ¬Å"I think Curleyââ¬â¢s married a â⬠tartâ⬠said by Candy or ââ¬Å"an live of the fat of the landâ⬠said by Lennie. It is all part of developing a character you have to get every characteristic right. Collins describes Mrs Scatchard with words that describe the mother. He uses positive descriptions with words like happy. She is a typical mother person who looks out for her son and tries to do the best for him. We know she is quick and witty unlike her son because when Isaac comes to her with his problem she takes down a description of the girl and puts it away. It is almost like she knows that Rebecca is going to turn up. We have learnt that she is very happy being a mother and loves her sons very much, she has fallen on hard times but still marches on she is determined to do her best for herself and her son. She is always there if he has a problem he has; we have a problem in the story of Rebecca being part of her sonââ¬â¢s life. George in Chapter one is described as an exact opposite to Lennie. George has all the qualities that Lennie does not have. George has a hard time looking after Lennie. He finds all the food, work and shelter. He keeps Lennie in order taking things like dead mice away from him. George and Lennie are equally as close as Isaac and Mrs Scatchard. They both depend on the more intelligent one of each pair; they seem to be able to overcome a lot when they both work together. Collins makes us feel sympathetic with Rebecca, the first time you actually meet her he describes her as ââ¬Å"a poorly dressed womanâ⬠. I think he is trying to mislead us he is making Rebecca look harmless when she is really a murderer. Our suspicions are aroused when Mrs Scatchard meets Rebecca and she wants to see the paper with the description on. Physiognomy has been used when Mrs Scatchard reacts to Rebecca. She treats Isaac with respect at first so that she can get close to him and lead him up to marriage. When she got close to him her attitude changes completely, she becomes violent towards Isaac it is like she wants to marry him for money then kill him off. Isaacââ¬â¢s mother stays the same the whole way throughout she continues to be supportive, she plays the mother figure. Rebecca is a very deceptive character she plays the nice she plays the innocent responsible adult to get really close to Isaac. When Mrs Scatchard meets Rebecca, she realises before Isaac that this person is really the person out to the dreams. Then Rebecca seems to use that as a turning point in her attitude towards Isaac. She becomes emotionally unstable and goes on the rampage with violence and hatred. We are introduced to Curleyââ¬â¢s wife when she wonders into the bunk house. They are both considered as no go zones. George gives her a negative picture where as Lennie when he is in the stable playing with the pup thinks she is a nice person. Lennie is just too dumb to take on peopleââ¬â¢s real personality but he seems to charm people with him manor and people are nice back to him. Our reactions to Rebecca and Curleyââ¬â¢s wife are very different. Rebecca we start to not like because we see her turn from good to evil or from loving Isaac to wanting to kill him. Curleyââ¬â¢s wife on the other hand we do feel sorry for because she has no one to talk to nor anyone to socialise with, she is expected to just amuse herself and live in her own little word. Rebecca does deceive Isaac, she puts on a false character, which is the ideal person for Isaac to love and to hold, but then she changes her character completely, everything about her seems to change her behaviour, her attitude towards Isaac and they way she does everyday chores. Victorian writing was all about mystery or melodrama. This is certainly present in ââ¬Å"â⬠The Ostlerâ⬠â⬠. The mystery in this text revolves around the arrival of Rebecca. Melodrama I do not think is present that much in this text. Melodrama is all out over exaggerating movements and there is not much of this. When you try doing some background research into ââ¬Å"The Ostlerâ⬠, it is almost impossible. If you do some research into Collins, it always refers to his more famous pieces of writing. He does create tension very well by having Rebecca on the loose and having Isaac on the run. Collins is like Steinbeck he gives you an amazing wealth of knowledge about each character. He gives them a very life like personality. Steinbeck set his book in the 30ââ¬â¢s, so it is obviously a lot more modern and up to date. He has set his book just outside Weed and as the author is American, he can relate to their way of life. He sets it just after he Great Depression and it was probably set on two real characters at the time. I think that the level of suspense is equally as high in Steinbeckââ¬â¢s novel because you do get signs on what is going to happen but you donââ¬â¢t know when they are going to happen. This is because they have their dream and it comes so close. It is very successful because it makes the reader want to read on. It gives small hints about what is going to happen ââ¬Å"If you get into any trouble come and hide by river and wait for meâ⬠but it doesnââ¬â¢t make it clear what is going to happen. This makes the book more interesting and it makes you want to read on. The aim in ââ¬Å"Of Mice and Menâ⬠was I think to show readers the lives of two normal everyday people after the depression and the recovery. I think Steinbeck would have written this to tell people what going through the depression was like and how much of a struggle it really was. ââ¬Å"The Ostlerâ⬠is really a mystery and I do not think there is really an aim to this book. Collins may have written this to show the readers an example of life in the 19th Century and wrapped a story into it to make it interesting. I preferred ââ¬Å"Of Mice and Menâ⬠only because I felt I could relate more to it. I have seen these ranches in work just outside Weed which also made the story more interesting whilst reading it. It seemed to be a more normal text with things which definitely could have taken place, where as in ââ¬Å"The Ostlerâ⬠we donââ¬â¢t know where it is set or any other key details. The stories both portray two less than bright individuals who survive in life. I believe Lennie Smalls is les cleaver than Isaac Scatchard due to Lennie requiring George to live. In Of Mice and Men by John Steinbeck and The Ostler by Collins Dreams play a crucial role. Lennie used dreams as a way of inspiration where as Isaac Scatchardââ¬â¢s life was dictated by a dream he had, had in a hotel.
Wednesday, January 8, 2020
The Bluest Eyes By Toni Morriss - 1592 Words
Draft When I was 5 years old I wanted nothing then to be white. I wanted the blonde hair and blue eyes, I wanted nothing to be pretty like the girls on tv. I wanted to look like the girls in the movie that always got the boy at the end they were usually white. I was always angry because my skin was darker then most of my family that my skin was closer to white. My sister who I thought was blessed with her light skin called herself white. I didn t understand it at first and just thought she just didn t know any better. It wasn t until I got old that I realized my sister never identified as black. She too thought that white was a dominant trait, a trait of beauty and a trait that she wished she had. In the book The Bluest Eyesâ⬠¦show more contentâ⬠¦Even though she can t pinpoint where her ugliness is she can pinpoint what people find attractive. When we are first introduced to Pecola she is awe at the narratorââ¬â¢s(Claudia) sister (Frieda) Cup. The cup has a picture of Shirley Temple. The cute button noses girl with the curly blond hair that took all of our hearts with dancing and singing. I m the passage it states ââ¬Å"... white Shirley temple cup. She was a long time with the milk and gazed fondly at the silhouette of Shirley Templeââ¬â¢s dimpled face. Frieda and She had loving conversation about how cu-ute Shirley Temple was.â⬠(Bluest Eyes, Morris pg. 19) Pecola ready had it on her mind that Shirley Temple was beautiful, that Shirley Temple was the beauty standard and that she was not. At a young age Pecola realized that she might not be seen as pretty this a issue that can be seen quite often in the black community. In 2011 a young lady heard a small child declare herself hate a girl no older than 5 years old stated ââ¬Å"mommy I want to be white; I don t want to be brown anymoreâ⬠(source 5, Courtney) as horrifying as it may seem most children don t understand why they are black when white people seem to get more things in li fe. The media shows nothing but white people winning in life and black people be portrayed as thugs, killers and lazy. Even in movies and tv shows we are seen as villains while white people are given this essence
Tuesday, December 31, 2019
The Type Of Parenting Associated With The Tiger Mother
The type of parenting associated with the tiger mother has been a subject of intense controversy for a very long time. Even though the term itself only became part of our understanding in 2011 thanks to the very controversial book, Battle Hymn of the Tiger Mother, by Amy Chua, there were always questions of how much discipline is healthy and necessary for a child. In Chuaââ¬â¢s book, she contrasts the two sides of parenting styles: what she calls ââ¬Å"Chineseâ⬠parenting and ââ¬Å"Westernâ⬠parenting. ââ¬Å"Chineseâ⬠parenting refers to the strict and intense style of upbringing in which the parent has (or tries to exert) complete control over their child. The parent is wholeheartedly focused on honing their childââ¬â¢s skills in school, music, maybe a sport, orâ⬠¦show more contentâ⬠¦Western parents argue that children should be allowed to make mistakes and become better people by learning from those errors. Thus, they say that the tiger mother doesn t love their child because it s much harder to watch your child make mistakes in the hopes that they will learn from them than it is to simply reprimand them (and correct and intervene, even before mistakes are made or itââ¬â¢s too late to be good at anything). When Chua s book came out, the media received it with horror. Chua was called a horrible monster, the worst mom in the world, and many other unflattering names.. Chua shocked much of America with her seemingly brutal parenting: many people were flabbergasted by the idea that a parent wouldnââ¬â¢t let their child attend a sleepover, or make them practice 4 hours of violin a day, or threaten to burn their dolls if they didnââ¬â¢t listen. The tiger mother had exploded onto the scene, and the onlookers were horrified by the carnage they saw behind her. How could a mother be so tyrannical and abusive? Some even called for Chuaââ¬â¢s arrest for child abuse. In her book, she talks about how a survey showed that Chinese mothers thought that academic success reflected good parenting, whereas Western mothers thought that ââ¬Å"stressing academic success is not good for childrenâ⬠. This shows that what seemed ordinary for Chua and ââ¬Å"Chineseâ⬠mothers were strange and al ien to Western mothers. But does
Monday, December 23, 2019
Essay on Racism in America Today - 2249 Words
ââ¬Å"Racism can be defined as beliefs, attitudes, actions or behaviors that are based on phenotypic characteristics or ethnic affiliationâ⬠(Patcher, 2010). Racism is a struggle that, to this day, has continued to be a major issue. The color of someoneââ¬â¢s skin alters how a person is perceived by society as a whole. Race is a social construct created by humans to categorize the world. (Ponds, 2013) The outlook on racism varies from community to community, family to family, and even person to person. Skin color can alter all aspects of an individualââ¬â¢s life, because unlike internal differences and beliefs, skin color is a physical appearance. Social status, perceptions, roles, occupation are just a few of the aspects of life which can beâ⬠¦show more contentâ⬠¦The white majority is often of the opinion; minority racial groups like African Americans ultimately bring this suffering upon themselves. The white community is often quick to deny the significance of t he negative impact of racism in todayââ¬â¢s society. Behaviors still show rasicism and discrimination that say whites have the upper hand. (Gallagher, 2008) Not only that but most of the negative stereotypes that were made up about minorities are continued to be used today. These stereotypes like African Americans are thieves or Mexicans have to many children gives whites that supremacy feeling. (George, 2013) They often go as far as to claim that quite the opposite situation exists today, that minority races actually have advantages over the majority. They are quick to point to Affirmative Action programs where minorities are given preferential treatment ââ¬â like financial assistance or universities choosing to accept a student based on their race. Though these do seem to be valid arguments, it is easily demonstrated that the measurable challenges facing minorities clearly out way the advantages given. Conversely, there are clear measurable advantages to being part of t he white majority in todayââ¬â¢s society. The acts of racism started well before Marin Luther King Jr. ever spoke out or lead any march, before congress ever tried to pass any laws onShow MoreRelatedRacism in America Today1933 Words à |à 8 PagesRacism has been a terrible problem in American society for hundreds of years. Racism issues are not limited to one specific race, but include all races. It is the responsibility of the people of this nation to address racism and learn to accept and embrace each other for our differences, and allow this great nation to become even more united for our sake and the sake of future generations. To eliminate racism it is imperative to know first, where racism started and how it has developed, why it continuesRead MoreEssay on Racism in America Today1316 Words à |à 6 PagesThe legacy of past racism directed at blacks in the United States is more like a bacillus that we have failed to destroy, a live germ that not only continues to make so me of us ill but retains the capacity to generate new strains of a disease for which we have no certain cure. - Stanford Historian George Frederickson. The population of the United States of America has been one of mixed race since its very beginning. Boatload upon boatload of enslaved Africans provided a labor force which wouldRead MoreRacism in America Today Essay1048 Words à |à 5 Pagescan you be so sure when you actually open your eyes and see reality. Rapper Kanye West once said ââ¬Å"racism is still alive, they just be concealing itâ⬠and these words are everything but false. You must ask yourself the real question about racism and it is how could you ever cure such a thing in peopleââ¬â¢s minds? People are free to think and believe what ever they would like and old habits such as racism will never change in people. 1619, a date remembered by most African Americans (Afroamhistory).Read MoreRacism in America Today Essay954 Words à |à 4 Pages Long walk to freedom? Although slavery is over and African Americans are in a better place today than they were years ago we still have long ways to go. There are still people out there that is praying for our downfall. There are still people out there who wants to harm us and make us extinct. Even though weââ¬â¢re allowed to go to school with whites there is still controversy with us being friends and even dating. Just like some Caucasians are racists there are some African Americans that are as wellRead MoreChristopher Columbus Persuasive Essay726 Words à |à 3 Pages America. The ââ¬Å"Land of the Freeâ⬠and the ââ¬Å"Home of the Brave.â⬠Yet, is this country truly one where all can live freely? Free for the poor? Free for immigrants? Free for religious minorities? Free for people of color? The United States of America is a country that was created to allow for certain freedoms for all people, yet within its rich history and todayââ¬â¢s world, our country has become a melting pot for prejudice, racism, and ignorance. As our world progresses further, it may seem as if thereRead MoreRacism in America Essay1121 Words à |à 5 Pagesthough America prides itself on being this melting pot racism is still alive and well today. America is supposed to be the land of opportunity, the country that calls to so many; calling to them with the promise of freedom and prosperity, to live their lives as they see fit. As stated in the National Anthem, America is the land of the free and the home of the brave. America is the country where dreams c an come true. So if America has emerged as a single people and nation, why does racism stillRead MoreRacism in Our Society Essay examples1068 Words à |à 5 PagesRacism in Our Society Race relations are becoming increasingly important in our civilization. Despite this increasing importance, the question, Is our society racist? is commonly debated. After investigating this subject, it is evident to me that American society is racist. There are various definitions of both racism and society. It is important to clearly define these terms when addressing such a controversial and emotional issue. Racism is defined by Merriam-Webster as a beliefRead MoreRacism And The Civil Rights Movement984 Words à |à 4 PagesWhat is racism? By definition racism is the prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one s own race is superior. This is a big issue in America today. Many Americans believe that racism is over in this country because it had gone through a civil rights revolution but those people are more than wrong. Some people believe that just because America went through a civil rights movement that all racism is gone. That everything wasRead MoreRacism : Some Call It A Disease1153 Words à |à 5 PagesRacism Some call it a ââ¬Å"diseaseâ⬠, some consider it a way of life, and others want it to be gone. Racism has been around for centuries as a sensitive controversial topic among Americans. Racism comes from way back when before I was born and it shocks me that it s still a popular subject in this day an age. It has been brought to the countries attention and has gotten better, but hasnââ¬â¢t vanished and still remains. Everyone views racism differently and have different reasons to why racism may be presentRead MoreEssay about Racism: Then and Now991 Words à |à 4 PagesThroughout history in America there has always been the idea of racism. When Americans think of racism, they usually think of slavery and that racism is no longer a problem in America. However, this is not the case. Racism is still very apparent in America. It is true that since the end of slavery, the U.S. has made great strides towards becoming a less racist country. In reality, racism will never be extinct. In todayââ¬â¢s society, all American citizens of all races have the same rights as one another
Sunday, December 15, 2019
Australian Contract Law Free Essays
Law of Contract II Semester 2, 2011 Word Count: 1932 A partyââ¬â¢s right to terminate a contract arises from a particular type of breach of contract by another party. The facts of the breach and the nature of the term breached in each case inform the party with whose contract has been terminated, as to whether it is lawful or not. Common law rights to terminate arise in one or more of the following three ways: * Any breach of a condition of the contract; A serious breach of an intermediate term of the contract; or * Conduct that shows that a party is unable or unwilling to comply with the contract. We will write a custom essay sample on Australian Contract Law or any similar topic only for you Order Now Australian Courts have for sometime recognised a tripartite classification of terms in analysing whether or not a breach gives rise to a common law right to terminate. Australian courts have accepted that there is a category of term, known as a condition or essential term, for which strict performance is required, and that an aggrieved party is entitled to terminate for any breach of a condition, however slight. Contractual rights to terminate are of two main types: * Termination of the contract in total; or * Termination of the engagement of a contractor, in both cases arising from actual conduct, as described in either the contractââ¬â¢s termination clause or a term arising under statute. Frequently, the common law right to terminate is the most important consideration. In classifying whether a term is seen as a condition of a contract; a term may be classified as a condition by statute, by the parties or by the courts on the basis of the construction of the contract. A term may be classified as a condition on the basis of the express words used by the parties. However, before courts will conclude a particular term is a condition, with the consequences that any breach will entitle the aggrieved party to terminate, the parties must clearly have expressed their intention for the term to have this status. In assessing whether or not a term should be classified as a condition, the High Court has approved the statement of Jordan CJ in Tramways Advertising Pty Ltd v Luna Park Ltd: ââ¬ËThe test of essentiality is whether it appears from the general nature of the contract considered as a whole, or from some particular term or terms, that the promise is such importance to the promisee that he would not have entered into the contract unless he had been assured of a strict or substantial performance of the promise â⬠¦ nd this ought to have been apparent to the promisor. ââ¬â¢ In DTR Nominees Pty Ltd v Mona Homes Pty Ltd, Stephen, Mason and Jacobs JJ provided further explanation of the relevant test: ââ¬ËThe quality of essentiality depends â⬠¦ on a judgement which is made of the general nature of the contract and its particular provisions, a judgment which takes close account of the importance which the parties have attached to the provision as evidenced by the contract itself as applied to the surrounding circumstances. Accordingly, in assessing whether or not a term is a condition, courts will consider whether or not the parties would only have entered into a contract on the understanding that there would be strict compliance with the term. Where a term is intermediate, the right to terminate depends on the nature of the breach and its foreseeable consequences. Although the High Court had previously hinted at accepting the doctrine of intermediate terms into Australian law, Koompahtoo Local Aboriginal land Council v Sanpine Pty Ltd was th e first case in which the High Court did so expressly. The first recognised authority to introduce intermediate terms was Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, a decision of the English Court of Appeal. Hong Kong Fir was decided in 1961 and passed into the mainstream law of contract as understood and practised in Australia, although not formally adopted by the High Court until Koompahtoo. Any right to terminate under a provision of the contract terms requires careful consideration of the meaning of the words, particularly if the contract is unclear as to the meaning of the words. Additionally, even if the contract includes a termination clause, unless there is clear express exclusion of the common law right to terminate, the common law right remains active and equivalent to any contractual right to terminate. In the facts given, the contract between the Federal Government and the Australian Coastal Patrol Pty Ltd (ACP) has been partly performed. If a contract has been in large part performed, it is less likely that the breach will be substantial enough to warrant termination. In Carr v J. A. Berriman Pty Ltd, the principal entered into a contract with a builder for the construction of a factory. Two breaches by the principal caused the builder to seek to terminate the contract; a failure to deliver the site in the condition specified in the contract and a unilateral decision to remove from the contract the fabrication of steel framing. It was the second breach that was decisive in the view of the High Court in finding that the termination was effective. In its reasons, the Court noted that the loss of the fabrication represented about one quarter of the builderââ¬â¢s estimated profit on the entire project and the removal from the contract of that percentage of the overall value was a substantial breach. However, in Fairbanks Soap Co. Ltd v Sheppard the parties contracted for the construction of a machine for $10,000. The machine was almost completed when the builder refused to finish the machine unless he was paid a large proportion of the price, contractually agreed to be paid on completion. The builder was concerned that once he made the machine operational that the purchaser would not pay the contract sum. The purchaser refused to pay and terminated the agreement. The builder complained that he had only to undertake about $600 worth of work to complete and was therefore justified in insisting on the payment. But the court said that faced with such a deliberate breach of the contract terms the termination was legal. For ACP they had largely performed the terms of the contract by having four to five vessels active within the first year. They did however, have the minimum of seven boats by the start of the second year as declared in the contract. As well as the correct personnel and had continued to be paid by the Federal Government. It is not uncommon for those wanting to terminate a contract, to allow another opportunity for the party that breached the contract to ââ¬Ëmend their waysââ¬â¢. Mason J proposed that: ââ¬Å"If a party to a contract, aware of a serious breach, or of other circumstances entitling him to terminate the contract, though unaware of the existence of the right to terminate the contract, exercises rights under the contract, he must be held to have made a binding election to affirm. This in turn meant that the Federal Government should have brought to a standstill the work of the ACP until it had decided whether or not to continue the contract with ACP after their breach of the contract. However, as the Federal Government had continued to pay the amount specified in term four of the contract then ACP would be unaware of the suggestions to terminate their contract. It would therefore be unlikely that termination of contract due to this reason would be upheld in court. Overall, the Federal Government would be very unlikely in terminating the contract due to the breach of term 1, as it continued to pay ACP when it only had 4 to 5 vessels in service in which they had knowledge of this breach, but continued with the contract. During the period of May to July 2011, some vessels were put to sea without the required minimum of 8 personnel per vessel, many of which did not wear correct uniform during there deployment. Terms 2 and 3 had specified in the contract that each vessel have a minimum of 8 personnel and that they were to wear correct uniform whilst on active duty. These terms would be seen as conditions if they were discussed during the formation of the contract as being significant to the contract. In turn, this would allow for the Federal Government to terminate the contract with Australian Coastal Patrol Pty Ltd. These terms however could also be seen as trivial matters in the court and as stated in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, it was considered ââ¬Ëunthinkable that all relatively trivial matters could be regarded as conditions of the contract â⬠¦ It would ultimately be up to the courts to decide on the importance of these terms and whether they impaired the performance of the overall contract. ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â [ 1 ]. Re Moore and Co Ltd and Landauer and Co [1921] 2 KB 519; see also Bowes v Chaleyer (1923) 32 CLR 159 [ 2 ]. Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited [2007] HCA 61 [ 3 ]. Glanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. p. 9 [ 4 ]. Ltd v Tramways Advertising Pty Lt (1938) 61 CLR 28 [ 5 ]. DTR Nominees Pty Ltd v Mona Homes Pty Ltd [1978] HCA 12 [ 6 ]. [1978] HCA 12 [ 7 ]. Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited [2007] HCA 61 [ 8 ]. Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha [1962] 2 QB 26 [ 9 ]. [1962] 2 QB 26 [ 10 ]. [2007] HCA 61 [ 11 ]. Carr v JA Berriman Pty Ltd (1953) 89 CLR 327 [ 12 ]. Fairbanks Soap Co. Ltd. v. Sheppard, [1953] 1 S. C. R [ 13 ]. Fairbanks Soap Co. Ltd. v. Sheppard, [1953] 1 S. C. R How to cite Australian Contract Law, Papers
Saturday, December 7, 2019
The Life of General Stonewall Jackson by Mary L. Williamson Essay Sample free essay sample
Introduction ââ¬Å"The Life of Stonewall Jacksonâ⬠written by Mary L. Williamson is about the calling of Stonewall Jackson as an officer and general in the Confederate Army. The paper tackles the life of Thomas Jackson. The field vocabulary and short sentences give a perfect debut to the topic for younger readers. and the bookââ¬â¢s excellence qualifies it as literature worthy of an expertââ¬â¢s attending. Body Published 30 old ages subsequent to the Civil War. this life of one of the eraââ¬â¢s greatest generals comprises a sum-up of the war and its causes. There is plentifulness of action for bang searchers and legion illustrations of leadershipââ¬â¢s rules for pupils. This book tells sing immature Thomas Jackson as an orphan in Ohio. He went to legion different topographic points like his Uncle Brakeââ¬â¢s. In the terminal he went to West Point. Harmonizing to Williamson. Mary L. ( 1997 ) as a lieutenant in the United States Army. We will write a custom essay sample on The Life of General Stonewall Jackson by Mary L. Williamson Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page he achieved an astonishing win over the Mexican forces. He was an artillery officer. and with his visible radiation heavy weapon went on the manner to the strong palace of Chapultepec. The Mexican military personnels killed or injured his full unit except Jackson and another adult male. The two of them with two cannon destabilized the fortress so much that the Americans stormed over the palace walls and took it. Decision Stonewall Jackson. his really name suggests the image of the solid. immoveable Confederate general whose nickname. gained at the Battle of 1st Manassas. no longer necessitates citation Markss. But no 1 has labeled Thomas Jonathan Jackson a ââ¬Å"marble adult male. â⬠every bit impenetrable as the statues which celebrate his heroism. General Jackson was obviously a consistent scriptural Christian who lived out his faith each twenty-four hours. earnestly and with no via media. Jacksonââ¬â¢s divinity was highly Orthodox. being rooted in the scriptural tradition of Knox. Calvin. and Edwards. In a twenty-four hours of true heroes. Stonewallââ¬â¢s gallant workss and honest behavior still travel the Black Marias of people with esteem. He demonstrates how a Christian soldier should populate and decease. Mention Williamson. Mary L. ( January. 1997 ) . ââ¬Å"The Life of General Stonewall Jacksonâ⬠. Christian Liberty Pr. 122 pages. ISBN: 1930092210.
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