Unitary Executive Theory and the Imperial Presidency

Unitary Executive Theory and the Imperial Presidency To what extent can presidential power be restricted by Congress? Some believe that the President holds broad power, citing this passage from Article II, Section 1 of the U.S. Constitution: The executive Power shall be vested in a President of the United States of America. And from Section 3: [H]e shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. The view that the President holds total control over the executive branch is called the unitary executive theory. The Unitary Executive Theory Under the Bush administrations interpretation of the unitary executive theory, the President has authority over members of the executive branch. He functions as a CEO or Commander-in-Chief, and his power is restricted only by the U.S. Constitution as interpreted by the Judiciary. Congress can hold the President accountable only by censure, impeachment or constitutional amendment, Legislation restricting the executive branch has no power. The Imperial Presidency Historian Arthur M. Schlesinger Jr. wrote The Imperial Presidency  in 1973,  a groundbreaking history of presidential power centering on an extensive critique of President Richard Nixon. New editions were published in 1989, 1998 and 2004, incorporating later administrations. Although they originally had different meanings, the terms imperial presidency and unitary executive theory are now used interchangeably, although the former has more negative connotations. A Short History of the Imperial Presidency President George W. Bushs attempt to obtain increased wartime powers represented a troubling challenge to American civil liberties, but the challenge is not unprecedented: The Sedition Act of 1798 was selectively enforced by the Adams administration against newspaper writers who supported Thomas Jefferson, his challenger in the 1800 election.The very first landmark U.S. Supreme Court case in 1803,  Marbury v. Madison, established the power of the judiciary by resolving a separation-of-powers dispute between the President and Congress.President Andrew Jackson openly defied a Supreme Court ruling – the first, last and only time that any U.S. President has done so  Ã¢â‚¬â€œ in Worcester v. Georgia  in  1832.  President Abraham Lincoln took on unprecedented wartime powers and violated multiple civil liberties on a large scale during the American Civil War,  including due process rights for U.S. citizens.During the first Red Scare following World War I, President Woodrow Wilson suppressed free speech, deported immigrants on the basis of their political beliefs and ordered massive unconstitutional raids. His policies were so draconian that they inspired protesters to form the American Civil Liberties Union in 1920. During World War II, President Franklin D. Roosevelt issued an executive order calling for the forced internment of over 120,000 Japanese Americans, as well as forced surveillance, ID cards and occasional relocation for immigrants from other perceived hostile nations.President Richard Nixon openly used executive branch law enforcement agencies to attack his political opponents and, in the case of Watergate, to actively cover up his supporters criminal activities.Presidents Reagan, H.W. Bush, and Clinton all actively pursued expanded presidential powers. One particularly stunning example was President Clintons claim that sitting presidents are immune from lawsuits, a position the Supreme Court rejected in  Clinton v. Jones  in 1997.   Independent Counsel Congress passed a number of laws restricting the power of the executive branch after Nixons imperial presidency.  Among these was the Independent Counsel Act which allows an employee of the Department of Justice, and thereby technically the executive branch, to operate outside the Presidents authority when conducting investigations of the President or other executive branch officials. The Supreme Court found the Act to be constitutional in Morrison v. Olson  in 1988.   Line-Item Veto Although the concepts of the unitary executive and the imperial presidency are most often associated with Republicans, President Bill Clinton also worked to expand presidential powers. Most notable was his successful attempt to convince Congress to pass the Line-Item Veto Act of 1996, which allows the President to selectively veto specific parts of a bill without vetoing the entire bill. The Supreme Court struck down the Act in Clinton v. City of New York in 1998.   Presidential Signing Statements The presidential signing statement is similar to the line-item veto in that it allows a President to sign a bill while also specifying which parts of the bill he actually intends to enforce. Only 75 signing statements had ever been issued until the time of the Reagan administration. President Andrew Jackson issued only one.  Presidents Reagan, G.H.W. Bush and Clinton issued a total of 247 signing statements.President George W. Bush alone issued more than 130 signing statements, which tended to be more sweeping in scope than those of his predecessors.President Barack Obama issued 30 signing statements through 2016, even though he indicated in 2007 that he disapproved of this tool and would not overuse it.   Possible Use of Torture The most controversial of President Bushs signing statements was attached to an anti-torture bill drafted by Senator John McCain (R-AZ): The executive branch shall construe (the McCain Detainee Amendment) in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch...which will assist in achieving the shared objective of the Congress and the President...of protecting the American people from further terrorist attacks.

No and Negation Words in Spanish

No and Negation Words in Spanish Changing a Spanish sentence to a negative can be as easy as placing no before the main verb. Spanish is different than English in that Spanish can require the use of the double negative under some circumstances. No as an Adjective or Adverb In Spanish, the most common negative word is no, which can be used as an adverb or adjective. As an adverb negating a sentence, it always comes immediately before the verb, unless the verb is preceded by an object, in which case it comes immediately before the object. No como. (I am not eating.) No quiere ir al centro. (She doesnt want to go downtown.) No lo quiero. (I dont want it.)  ¿No te gusta la bicicleta? (Dont you like the bicycle?) When no is used as an adjective, or as an adverb modifying an adjective or another adverb, it typically is the equivalent of the English not or of a prefix such as non. In those cases, it comes immediately before the word it modifies. Note that while no is sometimes used to mean not in this way, this use isnt terribly common, and usually other words or sentence constructions are used. El senador est por la polà ­tica de la no violencia. (The senator is for the policy of nonviolence.) Tiene dos computadoras no usadas. (He has two unused computers.) Mi hermano es poco inteligente. (My brother is unintelligent.) Ese doctor es sin principios. (That doctor is unprincipled.) Other Negating Words Spanish also has several negative words that are frequently used. They include nada (nothing), nadie (nobody, no one), ninguno (none), nunca (never), and jams (never). Ninguno, depending on its usage, also comes in the forms ningà ºn, ninguna, ningunos and ningunas, although the plural forms are seldom used. Nada vale tanto como el amor. (Nothing is worth as much as love.) Nadie quiere salir. (Nobody wants to leave.) Ninguna casa tiene ms televisores que la mà ­a. (No house has more televisions than mine.) Nunca bebemos la cerveza. (We never drink beer). Jams te veo. (I never see you.) One aspect of Spanish that may seem unusual to English speakers is the use of the double negative. If one of the negative words listed above (such as nada or nadie) is used after the verb, a negative (often no) also must be used before the verb. Such usage is not considered redundant. When translating to English, you shouldnt translate both negatives as negatives. No sà © nada. (I dont know anything, or I know nothing.) No conozco a nadie. (I dont know anybody, or I know nobody.) A nadie le importa nada. (Nothing matters to anybody.)

The Influence of Edger Allan Poe and Pablo Picasso on Society Term Paper

The Influence of Edger Allan Poe and Pablo Picasso on Society - Term Paper Example The paper "How did Edger Allan Poe & Pablo Picasso Influence Society" will explore how did Edger Allan Poe & Pablo Picasso influence society. Edgar Allan Poe introduced new genres in literature and became the inspiration for future writers such as Sir Arthur Conan Doyle. He also holds the distinction of being the first person to ever make a living through writing alone. Pablo Picasso was one of the foremost Cubism pioneers whose works of art conveyed the inner thoughts and emotions of the artist. He also helped launch art that came to be known as collage alongside the Symbolism and Surrealism school of thought in modern art. Edgar Allan Poe is considered to be one of the most prolific and trend setting literary writers of the 20th century. His writing often reflected the many struggles he had to undergo in his life and his stories delved deep into the psyche of his characters. Thus creating whole new genres of writing and character development in the process. Keeping in mind all that we know about this tragic writer's life and accomplishments, the one question that remains to be answered is, â€Å"What were Edgar Allan Poe's contributions to modern 20th century literature?† From the time his father abandoned him a year after his birth, to the death of his mother a year later. Edgar seems to have been hounded by tragedy for most of his life. It was perhaps this trauma that caused him to have such a confused young adult life under the guardianship of his godfather. The one constant in his life seemed to be literature.

The Risks That UK Coal, an FTSE Listed Company, Can Potentially Face Case Study

The Risks That UK Coal, an FTSE Listed Company, Can Potentially Face In Undertaking Cross-Border Merger and Acquisition (M&A) Activity - Case Study Example The researcher states that cross-border mergers and acquisitions are complex undertakings packaged with risks and rewards. When two organizations with different internal controls, management styles, corporate cultures and processes attempt to integrate, the business risk increases substantially. Before embarking on M&A journey, it is imperative that all risk factors are considered prior to injecting capital in the host country. UK Coal needs to conduct due diligence so as to ensure that M&A activity fits its long-term strategic objectives. Due diligence identifies, confirms or disputes the business reasons for proposed merger or acquisition transactions. Due diligence demands a thorough data analysis of assets and liabilities, particularly large balance sheet items such as accounts receivable, inventory, and accounts payable to establish fair market value. It is imperative that a fair value for the business is accurately established so that a reasonable price is paid for the target a ssets. A careful analysis of the target company's financial statements avoids incidents of overpaying and mismanaging shareholders' expectations. Differences in corporate culture, business practices, and institutional layouts can hinder firms from fully realizing their potential. According to a KPMG study, 83 percent of all M&As failed to economically benefit the shareholders and over 50 percent actually destroyed value. A research was conducted involving over 100 senior managers to determine the reason behind this failure which turned out to be the cultural differences. In pursuing a cross-border M&A, it is vital for an organization to assess the political situation prevailing in the target country. This assessment will not only uncover any potential political risks but also prepare the host company to face them and find appropriate solutions for them. Another potential barrier to a successful M&A activity is lack of knowledge about the target company. Knowledge about the company l eads to a successful post-merger integration. Â  Another factor that should be taken into account is the effects of trade impediments on cross-border M&A. Academic studies have found that on an aggregate basis, trade costs affect merger activity negatively, though the effect is less pronounced for horizontal mergers, i.e. mergers between firms within the same industry. UK Coal needs to ensure that its target company is one which will lead not only to economical but also intercultural synergies between the two companies. To identify an appropriate acquisition target, aforementioned due diligence should be adequately employed. Moreover, UK Coal needs cognizance in matters relating to exchange rates, local accounting standards, foreign government potential trade regulations, etc. UK Coal should have information regarding its local competitors in the host country and their respective market positions. This will lead to reasonable projections and estimates for the business. Expectations of UK Coal from this activity should be realistic and in parity with the overall strategy formulated at the design stage. Regulatory aspects also need attention to avoid any legal risks. Competent professionals (lawyers, accountants) must be hired to provide financial and legal opinions regarding the merger or acquisition transaction.

Symbolism and Motifs in the Great Gatsby Essay Example for Free

Symbolism and Motifs in the Great Gatsby Essay In chapter one, we are introduced to Nick Carraway, who describes himself as non- judgemental and tolerant. Throughout the book Nick is the non-reliable narrator . He is an observant third party throughout the book and gives the readers a close-up and exclusive angle on the story. This can often come across as a very bias point of view from Nick. In chapter one, ‘’the green light’’ is introduced, this is probably one of the most important symbols in The Great Gatsby. Green is the colour of hope and it first appears when Gatsby stares across the bay towards a green light at the end of a dock. In chapter two, one of the key symbols used in the book is ‘’this is a valley of ashes- a fantastic farm where ashes grow like wheat into ridges and hills and grotesque gardens where ashes take like forms of houses and chimneys and rising smoke and, finally, with a transcendent effort, of ash-grey men, who move dimly and already crumbling through the powdery air’’ (pg 26). I think the ‘’valley of ashes’’ represents something that is dark and lifeless, with the fire ashes representing death and destruction, possibly foreshadowing bad things that are to happen. I also think that the phrase ‘’transcendent effort’’ has a meaning of own fault, and that it didn’t take much effort for them to get in the situation instigated to happen in this second chapter, and that all the factors of the lifestyle they are living such as the glamour and the money and the parties is the result of a careless and vulnerable way of the living in the 1920s. Colour is also used here to emphasise destruction and darkness with the gray surrounding around them indicating the hopelessness of their situation. But above the grey land and the spasms of bleak dust which drift endlessly over it, you perceive, after a moment, the eyes of Doctor T. J. Eckleburg. The eyes of Doctor T. J. Eckleburg are blue and gigantic- their retinas are one yard high. They look out of no face but, instead, from a pair of enormous yellow spectacles which pass over a nonexistent nose†¦But his eyes, dimmed a little by many paintless days under sun and rain, brood on over the solemn dumping ground. ’’(pg26) I think this passage is intended by Fitzgerald to come across as the eyes of God looking over the world. This could also link to Nick who is throughout the book the observant third party of the entire goings on. He is the only person in the book who knows what is fully going on in the book, yet i don’t think he understands the motives and reasons that have driven each of characters decisions. ‘The eyes of Doctor T. J. Eckleburg are blue and gigantic’ This also represents the idea of god watching over them. The blue colour is also used to show Corruption of spirit in the wasteland is also symbolized by the colour blue, which represents the destruction of reality. I Think the ‘Valley of ashes’ and ‘eyes of Doctor T.  J Eckleburg are linked strongly both be influenced by the idea of god watching what is going on. Another meaning for blue is fantasy. Gatbys blue gardens and his house let people escpae from reality. Gatsbys parties were always filled with dreams and illusions. Colours are used greatly throughout to symbolise all sorts of different things. White is used a lot suggesting purity, innocence and honesty. Nick considers himself to be one of the only truthful and honest people he knows and when he attends one of Gatsby’s parties for the first time, dresses in a white flannel suit. Fitzgerald suggests through the point of view of Nick that other characters wear white yet inside they are rotten and immoral. In Chapter three, Nick Carraway is at one of Gatsby’s parties and finds the drunken Owl Eyes in Gatsby’s huge libraries full of books. This shows that Owl eyes finds substance within Gatsby, simply because he has real books and in 1920s many people had book covers in which they kept different things. I think this means that there is more to Gatsby than it first seems and this also appeals to Nick who then i think becomes curious and slightly suspicious of Gatsby’s character. The eyes also seems to repeat the motif of the eyes of Dr. T. J. Eckleburg.. At this particular party, â€Å"the bar is in full swing, and floating rounds of cocktails permeate the garden. † Champagne is â€Å"served in glasses bigger than finger bowls. † I think that this links to excessiveness which is a very repetitive motif in the first 3 chapters, with characters, such as daisy for example, acting way over the top and putting on a show . Still, although the bar is crowded, â€Å"Gatsby was not there. † The fact that he does not drink sets him apart from guests like Owl Eyes who boasts of having been drunk â€Å"for about a week now. Prohibition, the law of the land, is ignored. This represents and symbolises the carelessness of the generation who attend Gatsby’s parties. Overall, the first three chapters I invite the reader for think about what is going to happen, there are many clues and hints given throughout by foreshadowing. I think Fitzgerald is clever to use Nick as an observant third party as well as an un-reliable narrator as I think it allows the reader to create their own points of view on what is going and what the characters currently introduced are like as well as take nicks bias accounts of events into perspective as well. The symbolism used in the first three chapters adds depth to the story making it not only about a story but creating a purpose to all the little details Fitzgerald has added to make characters, such as Gatsby for example, more mysterious as well as the story line. Colours play a huge part in the first three chapters and are very relevant to the storyline and colours change throughout the book like the characters change also.

Reality in Fenimore Coopers The Pioneers :: Cooper Pioneers Essays

Reality in Fenimore Cooper's The Pioneers Looking back on the mountain-view that was described as the main character's of Fenimore Cooper's The Pioneers caught sight of Templeton, their hometown, in the distance, Elizabeth, the primary female character, "felt as if all the loveliness of the mountain-view had vanished like the fancies of a dream" (59). While it may be true that during the moments that Elizabeth looked down on the scene, the scene was her reality, this reality was not an accurate portrayal of the town itself†¹the point of Elizabeth's comment. For both Elizabeth and the reader (through Cooper) in the mountain-view the reality of objects was forgotten because no detail was available from the distance at which the party stood. Once the reality was forgotten each of the objects took on qualities not implicit in the object itself. That is, the objects and the scene were idealized. Both Cooper and Elizabeth, then, seemed to take part in the "action of inventing imaginary states of things," the Oxford English D ictionary's definition for fiction. The most significant precursor to this fictive account is the change in scale of that occurs. Before the description of the mountain-view commenced Cooper tells of the horses pulling the parties sleigh: "The horses soon reached a point, where they seemed to know by instinct that the journey was nearly ended, and, bearing in the bits, as they nodded their heads, they rapidly drew the sleigh over the level land." The details of the horses movements explain the senses of the riders and the reality of the situation. Sleighs viewed during the description of the mountain-view, however, are no more than "a few dark and moving spots." This change in scale obscures all details in the objects being observed. A moment later the "habitations of man" are also called "spots of white . . . amidst the forest." Even when closer scrutiny is given to less distant "habitations," only the color is mentioned. In this scene few details of the objects that comprise the scene are given, instead the objects t hemselves are the details. There is nothing in this lack of details that is fictional, or inventive in itself. But once the details are gone Cooper is not tied down by actual elements of the objects when giving them further meaning. Cooper's primary method of ascribing further meaning to the objects is through anthropomorphism. A tree

Brief description of the context and of the decision which has to be made Essay

An internal analysis (Strengths & Weaknesses of Illy & Espressamente) †¢An external analysis (Opportunities & Threats from the Global Coffee Market). †¢A strategic SWOT analysis, crossing internal & external analyses, in order to determine strategic directions for the internationalization of Espressamente. 3. Analysis of each of the 7 foreign markets considered for expansion: †¢Cultural distance with Italy †¢Market attractiveness (based on most important variables) 4. Analysis of Illy’s competitive strength on each of the 7 foreign markets 5. Recommendation as to the market(s) to prioritize 6. Recommendation of market-entry strategy(ies) for the selected markets. Questions 1. Brief description of the context and of the decision which has to be made. 2. SWOT analysis, including: †¢An internal analysis (Strengths & Weaknesses of Illy & Espressamente) †¢An external analysis (Opportunities & Threats from the Global Coffee Market). †¢A strategic SWOT analysis, crossing internal & external analyses, in order to determine strategic directions for the internationalization of Espressamente. 3. Analysis of each of the 7 foreign markets considered for expansion: †¢Cultural distance with Italy            

Indian Contract Act Essay

THE INDIAN CONTTRACT ACT, 1872 The Law of contract is that branch of Law, which determines the circumstances in which promises made by parties to contract shall be legally binding on them. Every one of us enters into a number of contracts from morning until night. Examples: 1) Buying Milk early in the morning. 2) Boarding BEST Bus 3) Borrowing Money from Friend 4) To see movie. 5) Purchasing goods from shops. This how we enter into contracts though we are not conscious of it .Therefore, it is most usual method of defining the give and take deal in a business transaction The law relating to the contract is contained in the INDIAN CONTRACT ACT, 1972. The principle of this law helps in settlement of disputes between the parties to the contract. The Indian Contract Act, 1872 deals only with promises which creates legal obligation. DEFINITION OF CONTRACT The word contract is derived from the â€Å"LATIN† term â€Å"CONTRACTUM† Meaning â€Å"DRAWN TOGETHER† This therefore denotes drawing together of two or more minds to form a common intention-giving rise to an agreement. Indian Definition A Contract is â€Å"an agreement† Enforceable by law {u/s 2(h)} By analysis of this definition we find that a contract consists of two elements 1) An Agreement 2) Enforceability by law Consent and free consent Consent: Generally speaking, the word consent means agreeing that something should happen. An agreement is valid only when it is the result of the free consent of all the parties to it. Consent means act of assenting to an offer. {S-13} defines consent as two or more person are said to consent when they agree upon the same thing in the same sense. Explanation: Consent therefore, requires unity of the mind. When parties agreed upon the same thing in the same sense, they have consensus ad idem. Consensus ad idem means agreement to this same thing. Real agreement to a contract by the both parties. If there no consent, there is no contract. Free consent Parties’ consenting upon the same thing in the same sense is not sufficient, consent means also be from {S-14} says Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue, fraud or misrepresentation or mistake. {S-19} says a contract is void able at the option of the party whose consent was caused due to coercion, undue influence, fraud or misrepresentation or mistake. For example: A is forced to sign an agreement at the point of pistol. Here, A knows what he is signing but his consent is not free. In the following cases the consent of a person is NOT FREE. B. COERCION {S-15} When a person is compelled to enter into a contract by the use of force by the other party or under a threat, coercion is said to be employed. {S-15} Coercion is- a) The committing or threatening to commit any act forbidden by the Indian Penal Code, 1860 OR b) The unlawful detaining or threatening to detain any property to the prejudice of any person whatever, c) With the intention of causing any person to enter into an agreement. Explanation: It is immaterial whether the Indian Penal Code is or is not in force in the place where the coercion is employed. For example: A threatens to kills B, if he does not lend money C. B agrees to lend money to C. The agreement is entered into by coercion Case: Ranganayakamma vs. Alwar Setti: A Hindu widow was forced to adopt M under threat that her husband’s dead body will not be allowed to be removed by her husband’s relatives. The adoption was held to be voidable as having induced by coercion. It is important to note that coercion may proceed from anybody, even a person who is not a party to the contract. It may be  directed against anybody not necessarily the other contracting party. It includes physical compulsion, fear and even menace to the goods. [S-19]: When consent to an agreement is caused by coercion, fraud or misrepresentation the agreement is a contract voidable at the option of the party whose consent was so caused [S-72]: A person to whom has been paid or anything delivered under coercion or mistake must repay or return it. Case : T.G.M. Asad vs. Coffee Board Held – Coercion in [S-72] of this Act must be understood in the ‘ordinary sense’. It includes every kind of compulsion even if it does not measure upto definition in this section. UNDUE INFLUENCE [S-16] It is wrong pressure put on someone which prevents that person from acting independently .i.e. A party is compelled to enter into an agreement against his own will as a result of unfair persuasion by the other party. This happens when a special kind of relationship exists between the parties that a party is in a position to dominate the will of the other and because of such unfair influence, the other party is compelled to enter into an agreement against his will. This principle applies to very case where: a) The influence is acquired and abused. (b) Where confidence is respond and betrayed. {S-16(1)}: A contract is said to be induced by undue influence where the relation subsisting between the parties is such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. A person deemed to be in a position to dominate the will of the other- (a) Where he holds real or apparent authority over the other For example: Master and servant. (b)Where he makes a contract with a person whose mental capacity is temporarily or permanently affected: Because of age, illness or mental or bodily distress S-16(2) For example: Doctor and Patient. Effect of undue influence: When the consent to the agreement is caused by undue influence, it is voidable at the option of the part whose consent so caused {S-19A}: Any such contract may be st aside. If the party has received benefit, then, upon such terms and condition as the court may seem just FRAUD (S-17) Misrepresentation of facts may be intentional or unintentional. ‘Intentional mispresentation is ‘fraud’, unintentional or ‘innocent’ representation is called a â€Å"mispresentation†. A statement of fact which one party makes in the course of negotiations with with a view to inducing the other party to enter into a contract is called a â€Å"representation†. According to (S-17) fraud MEANS and INCLUDES any of the following acts committed by a party to the contract or with his connivance, or by his agent with intent to deceive another or to induce a person to enter into the contract. (Connivance: see and ignore.) For example: { S-55} of Transfer of Property Act – the seller of an immovable property is bound to disclose to the buyer all material defects – failure to do so amounts to a fraud. Consequences of Fraud [S. 19]: A contract induced by a fraud is voidable at the option of the party defrauded. If the party does not avoid the contract, it will continue to be valid. The party defrauded has the following remedies: (a). he can rescind the contract within a reasonable time. However, if any innocent third party acquires an interest in the property for value then – he cannot rescind the contract. (Rescind – to cancel, to annul.) (b). he may ask for damages suffered because of non fulfillment of the contract.(Damages compensation). E. MISREPRESENTATION [S.18]: A representation is a statement or assertion made by 1 party to the other, before or at the time of the contract relating to it. If the assertion is untrue and the person making it believes it to be true, it is known as innocent representation. If it is done intentionally, it will be a fraud. For example: A while selling his mare to B, tells him that mare is perfectly sound. A genuinely believes the mare to be sound although he has no sufficient for the belief. Later on B discovers the mare to be unsound. The representation made by A misrepresentation. Definition of misrepresentation [S.18]: Misrepresentation MEANS & INCLUDES a) [S.18(1)] The positive assertion in a manner not warranted by the information of the person making it, of which is not true, though he believes it to be true. (b)S. 18(2)] Any breach of duty, which, without an intent to deceive, gains an advantage to the person committing, it, or anyone claiming under him, by misleading another to his prejudice or to the prejudice of anyone claiming under him. (c)Causing however innocently a party to an agreement to make a mistake as to the substance of the thing which is the subject matter of the agreement [S.18(3)]. Mistake of law: [S.21] A contract is not avoidable (valid) because it was caused by a mistake as to any law in force in India; But a mistake is to any law not in force in India has the same effect as a mistake of fact. (a). Mistake of law of the country (India): ] Where there is mistake of law of India, the contract is binding because everybody is supposed to the knowledge of his own law does not affect the contract. For Example: A and B make a contract on the erroneous belief that a particular debt is barred by the India aw of limitation. This is a VALID CONTRACT because mistake as to law of India does not affect the contract. The reason behind this is that a person is expected to know the law of his own country, and if he does not, he must suffer the consequences of such ignorance of law. (b). mistake of foreign law: (S.21} This is regarded as a question of fact and not of law. Because a person is not bound, in civil law, to know the law of a foreign country. Therefore if a person has entered into contract by making a mistake of law of a foreign country, the contract may e avoided. For example: A and B enter into contract in India based on an erroneous belief that a particular debt is barred by American law of limitation. The contract is void because the mistake is of the law of America i.e. a mistake of fact which makes a contract void {u/s-21}. Mistake of fact: Bilateral Mistake: {S.20} Definition: {S-20} When both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void For this following condition must be fulfilled: 1) The mistake must be mutual: Both the parties should misunderstand each other. For example: A agreed to purchase B’s motor car which was lying in B’s garage. Unknown to both the parties, the car and garage were completely destroyed by a fire a day earlier. The agreement is void. (2). The mistake must relate to a matter of fact essential to the agreement: As to what facts are essential in an agreement will depend upon the nature of the promise in each case. The mistake, moreover, must relate to an existing fact. |||. Opinion: Explanation {S-20}: An erroneous opinion as to the value of at thing which forms the subject matter of an agreement is not be deemed a mistake as to a matter of fact. For example: A buys an article thinking it is worth rs.500,  actually it is worth rs.200. the agreement cannot be avoided on the ground of mistake. (1), physical impossibility: Case: Griffith vs. Brymer(1903) A contract for the hire of a room for witnessing the coronation procession of Edward VII was held to be void, because – unknown to the parties, the procession had already been cancelled. Unilateral mistake:{S-22} If the mistake is on the part of one person only, the contract is valid. When one of the parties to the contract is under a mistake as to the identity, quality or price of the subject matter of the contract. The mistake is unilateral mistake. {S-22} says a contract is not avoidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact Case: Smith vs. Hughes (1871): H bought oates from S, a sample of which had been shown to H. Erroneously H thought the oaters were old. The oates were however new. Held- H cannot avoid the contract For example: A buy an article thinking its worth rs 1000/- when it is worth ro 50/- A cannot avoid the contract REMDIES FOR MISTAKES [S-65 & 72] [S-65] says where an agreement is discovered to be void, OR where a  contract become void, any persons who has received any advantage under such an agreement OR contract is BOUND TO RESTORE it OR to make COMPENSATION for it to the person, from whom he has received it. FOR Example : A pays B rs. 1000? In consideration of B’s promising to marries to C. C is that at the time of promise. The agreement is void, but B must pay a rs.1000 Performance of contract: When contract need not to be performed a) substitute to new contract: if the parties to the contract agrees to substitute a new contract for it oar rescind alter it the original contract need not to be performed{S-62} b) Dispense the performance: If the promise dispenses with or remits holy or in part, the performance of promise made to him or Extends the time for such performance or accepts satisfaction for it, the contract need not be performed {S-63} (c) Voidable contract : When the void able contract is rescinded the other party need not perform his promise {S-64} Tender/offer of performance: The offer to perform is called the tender. Sometimes it so happens that a party who is bound to perform his promise under the contract is ready and wlling to perform but the other party to the contract does not accept the performance or is not willing to carry out his part of the promise. The rule is given in {S-38} Where a promisor has made an offer of performance to the promise, and the offer has not been accepted, the promise is not responsible for non performance, nor does he thereby lose his rights under a contract. Effect of refusal to perform: {S-39} When a party to a contract has refused to performed or disabled himself from performing the promise . The promise may put an end to the contract , unless he has shown his willingness to continue the contract by word or conduct.

Brief Account of the Devastation of the Indies Essay Essays

Brief Account of the Devastation of the Indies Essay Essays Brief Account of the Devastation of the Indies Essay Paper Brief Account of the Devastation of the Indies Essay Paper Based off of this reading. it can be assumed that the conditions in the Indies during the clip this text was written were non humanist whatsoever. The actions of the Spaniards were really much barbaric. and wholly belie the faith which the Spaniards were seeking so urgently to enforce upon the indigens of the Indies. Without holding to travel into item. it is said by Bartoleme in the missive that the Spaniards would handle the people of the Indies as wild animals. cowss. or animate beings. But he so goes back on this statement stating that in fact they treated them less than farm animal. because they at least took attention of the farm animal. This is a good illustration of how barbarically the Spaniards ruled over the Natives. There was no regard for the Natives. even though they were described as peaceable. inactive. sort. and as overall nice human existences. Yet in the eyes of the Spaniards. the same people were seen as savages and barbarians. What makes the state of affairs even more disturbing is that the Spaniards used the name of God to warrant their ruthless actions. They saw it as their Godhead right to take over the Natives. Fortunately. there were people like Bartoleme that spoke out against these barbarous Acts of the Apostless. He wrote the missive depicting all the Acts of the Apostless of inhumaneness towards the Natives to the King and Queen of Spain in order to make regulations and ordinances that would modulate the actions of the Spaniards in the Indies. This alone was a significant act of humanity. The lone ironical portion is that he suggests that the Spanish usage African people alternatively of utilizing the Natives of the Indies for labour. Unfortunately at the clip. there were still aggregate sums of racism. even amongst the most baronial of work forces. Work force such as Bartoleme who spoke out against barbarous Acts of the Apostless were still capable to their ain racialist jokes. Although this wasn’t really out-of-the-ordinary at the clip. in today’s universe it’s ugly however. It’s a really hypocritical suggestion that he had for the King and Queen. and for that. would lose all recognition for anything positive that happened to the Natives after his thoughts were reinforced.

Quotes from Metamorphosis by Franz Kafka

Quotes from Metamorphosis by Franz Kafka Metamorphosis is a famous novella by Franz Kafka. The work centers around a traveling salesman, Gregor Samsa who wakes up one morning to realize hes turned into a bug. The absurdist story was considered to be part of the Dada art movement. Metamorphosis Quotes When Gregor Samsa woke up one morning from unsettling dreams, he found himself changed in his bed into a monstrous vermin. He was lying on his back as hard as armor plate, and when he lifted his head a little, he saw his vaulted brown belly, sectioned by arch-shaped ribs, to whose dome the cover, about to slide off completely, could barely cling. His many legs, pitifully thin compared with the size of the rest of him, were waving helplessly before his eyes.- The Metamorphosis, Ch. 1 Why was only Gregor condemned to work for a firm where at the slightest omission they immediately suspected the worst? Were all employees louts without exception, wasnt there a single loyal, dedicated worker among them who, when he had not fully utilized a few hours of the morning for the firm, was driven half-mad by pangs of conscience and was actually unable to get out of bed? - The Metamorphosis, Ch. 1 And now he could see him, standing closest to the door, his hand pressed over his open mouth, slowly backing away as if repulsed by an invisible, unrelenting force. His mother - in spite of the managers presence she stood with her hair still unbraided from the night, sticking out in all directions - first looked at his father with her hands clasped, then took two steps towards Gregor, and sank down in the midst of her skirt spreading out around her, her face completely hidden on her breast. With a hostile expression, his father clenched his fist, as if to drive Gregor back into his room, then looked uncertainly around the living room, shielded his eyes with his hands, and sobbed with heaves of his powerful chest. - The Metamorphosis, Ch. 1 Those had been wonderful times, and they had never returned, at least not with the same glory, although later on Gregor earned enough money to meet the expenses of the entire family and actually did so. They had just gotten used to it, the family as well as Gregor, the money was received with thanks and given with pleasure. - The Metamorphosis, Ch. 2 Hardly she entered the room than she would run straight to the window without taking time to close the door - though she was usually so careful to spare everyone the sight of Gregors room - then tear open the casements with eager hands, almost as if she were suffocating, and remain for a little while at the window even in the coldest weather, breathing deeply. With this racing and crashing, she frightened Gregor twice a day; the whole time he cowered under the couch, and yet he knew very well that she would certainly have spared him this if only she had found it possible to stand being in a room with him with the window closed.- The Metamorphosis, Ch. 2 Into a room in which Gregor ruled the bare walls all alone, no human being beside Grete was ever likely to set foot.- The Metamorphosis, Ch. 2 Gregors serious wound, from which he suffered for over a month - the apple remained imbedded in his flesh as a visible souvenir since no one dared to remove it - seemed to have reminded even his father that Gregor was a member of the family, in spite of his present pathetic and repulsive shape, who could not be treated as an enemy; that on the contrary, it was the commandment of family duty to swallow their disgust and endure him, endure him and nothing more.- The Metamorphosis, Ch. 3 What the world demands of poor people they did to the utmost of their ability; his father brought breakfast for the minor officials at the bank, his mother sacrificed herself to the underwear of strangers, his sister ran back and forth behind the counter at the request of the customers; but for anything more than this they did not have the strength.- The Metamorphosis, Ch. 3 I wont pronounce the name of my brother in front of this monster, and so all I say is: we have to try and get rid of it. Weve done everything humanly possible to take care of it and to put up with it; I dont think anyone can blame us in the least.- The Metamorphosis, Ch. 3, pg. 51 Growing quieter and communicating almost unconsciously through glances, they thought that it would soon be time, too, to find her a good husband. And it was like a confirmation of their new dreams and good intentions when at the end of the ride their daughter got up first and stretched her young body.- The Metamorphosis, Ch. 3

Bird's Individualism and Escapism Essay Example | Topics and Well Written Essays - 1250 words

Bird's Individualism and Escapism - Essay Example Since Oe wrote the novel shortly past the world war, he portrays the state of the Japanese people after the war (Adhikari 1). The individualism and escapism in Bird leaves the readers frustrated that anyone would abandon responsibility and seek self-gratification in the way Bird does. Although portrayed extensively in only one character, individualism and escapism takes the toll of the novel and is worth the reader’s attention. Individualism and escapism drive the actions of the main character, Bird. The author introduces Bird as a character who seeks to fulfill his fantasies and selfish ambition neglecting the responsibilities of a family man. Bird craves to go to Africa and experience the wild life in a land, away from the devastating effects of civilization (2). It is clear that he does not like the real life situations in his homeland and would rather disappear to another continent and experience change. This is an individualistic and selfish venture. Instead of seeking to rebuild his nation and create a favorable condition after the world war aftermath, he busies himself with getting familiarity of Africa from maps. Bird takes the situation as a personal matter. He seeks to actualize himself some day and discover true happiness in a world away from the ill-fate life presents. The author paints a picture of the situations in Bird’s life as he fantasizes about Africa. ... Instead of anticipating the new responsibility in his life, he only sees how the indulging family life will hold him from living his African dream. The situation worsens when an abnormal baby comes into their life (2). The author exposes Bird’s inner feelings about the birth of the abnormal child. Instead of accepting the child and committing to work towards saving the innocent child, Bird wishes that the child could just die. He does not realize that all life is equal and does not display fatherly concern. He seeks to evade the situation. He does not consider the pain of the other family members and give them the right support. He does not even think about the baby’s welfare. His individualistic attitude prevents him from showing any empathy. In a bid to pursue happiness and contentment for himself, he deserts his immediate family. Bird embarks on finding ways of escaping the painful realities of his life. The baby needs an operation in order to survive and that means that Bird must sacrifice his savings for the baby’s health. For Bird, it is not easy to make this sacrifice because that would force him to forget about his African dream. This reasoning surprises the reader because a father should be willing to make any sacrifice for the welfare of his children. Bird lets individualism hinder his fatherly instincts. He decides to starve the child to death. In his view, the savings are just enough to allow him to travel to the foreign land and start a more fulfilling life. He drifts to a deceptive world where sorrows and pains do not exist. He cannot handle the thoughts of what is happening to him. Bird finds himself trapped in loneliness and cowardice and he seeks refuge in his ex-girlfriend Himiko. Himiko is lonely and desperate after the death