Wednesday, May 6, 2020
Discrimination And Mistreatment Based Off Race Essay
In the novel ââ¬Å"To kill a mockingbirdâ⬠written by Harper Lee the theme of discrimination and mistreatment based off race was portrayed through several characters throughout the novel, Scout and Jem , are cared for by Calpurnia, their black housekeeper. Although Scout occasionally disagrees with her, Calpurnia acts as a mother-figure to jem and scout. She is respected by Atticus, who recognises that Calpurnia has an education. It is the way of speaking that creates a boundary between the black community and the white. When jem and scout go to Calpurnia s church service, Scout notes that Calpurnia embraces a different way of speaking when she is communicating with other churchgoers: ââ¬Å" Calpurnia led a modest double life never dawned on me. The idea that she had a separate existence outside our household was a novel one, to say nothing of her having command of two languagesâ⬠. Although Scout and Jem find the concept that Calpurnia speaks two different ââ¬Å"langu agesâ⬠difficult to understand, Scout has a great admiration and respect for Calpurnia for being able to grasp both languages.The trial of Tom Robinson demonstrates many counts of racism. Tom is prosecuted for raping a white woman named Mayella Ewell. The Ewell family lack education and financial stability, voicing the lower class. As the oldest of eight children at 19 , Mayella becomes a mother figure and role model for her seven younger siblings. In addition , the novel implies that Mayella is in an incestuousShow MoreRelatedPrejudice On The Basis Of Race, Gender, And Sexual Orientation976 Words à |à 4 Pageson the basis of race, gender, and sexual orientation is undeniably a prominent aspect of any society. As the media is a reflection of the society in which it exists, it can be assumed that such prejudiced ideals will be represented in it. 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Although, racism and discrimination is essentialRead MoreAlain Locke s The New Negro1400 Words à |à 6 Pagesacross it. The treatment of African Americans seemed as it has changed from the 1920 to the 1930s but mistreatment still remained. At this time African American needed to convey the images left behind by their ancestors into something greater to please and uphold their legacy, not the legacy of themselves but a legacy for the African American community altogether. Locke speaks of the mistreatment when he states; ââ¬Å"The Negro, too, for his part, has idols of the tribe to smash. If on the one hand theRead MoreMartin Luther King Jr.1581 Words à |à 7 Pagesdiscriminated against and judged unfairly. According to the U.S Equal Employment Opportunity Commission, racial discrimination is the act of treating someone differently or unfairly because of race (ââ¬Å"Race/Color Discriminationâ⬠). 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Eggers adopts a sympathetic tone towardsRead MoreSame Sex Harassment Essay1298 Words à |à 6 PagesSame Sex Harassment Joseph Oncale was employed from August to November of 1991 by Sundowner Offshore Services, Inc., as a roustabout on a sea-based oil rig for $7 an hour. He had worked on offshore rigs before (and does today), but says hes never encountered such abusive treatment as when he signed on with Sundowner. Oncale claims that while on the job he was sexually harassed by three male Sundowner employees: John Lyons, his supervisor; and Danny Pippen and Brandon Johnson, two co-workersRead MoreAffirmative Action During The Civil Rights Movement1237 Words à |à 5 Pages During the civil rights movement, minorities were being oppressed and discriminated against. Minorities were losing out on opportunities and jobs. They felt like everything was just so unfair to them. This mistreatment happened until the government implemented affirmative action. 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The Hobbit Double Entry Journal Prompts Free Essays
string(154) " There may be no Smaug at the bottom, but then again, there may beâ⬠\(Tolkien 215\) ââ¬Å"Suddenly Bilboââ¬â¢s arm went towards it drawn by its enchantment\." Nicholas Gangone Ms. Sottas Double Entry Journal Prompts March 20, 2013 ââ¬Å"But men remembered little of all that, though some still sang old songs of the dwarf-kings of the Mountain, Thror and Dragon, and the fall of the lords of Dale. â⬠(Tolkien 176) ââ¬Å"I hope I never smell the smell of apples again. We will write a custom essay sample on The Hobbit Double Entry Journal Prompts or any similar topic only for you Order Now â⬠(Tolkien 179) ââ¬Å"But the Master was not sorry at all to let them go. They were expensive to keep, and their arrival had turned things into a long holiday in which business was a standstill. â⬠(Tolkien 185) Although the men keep alive old traditions in a new era, this quote symbolizes how the majority of things have changed in this world. This excerpt situates the dwarves in the present time frame where power has shifted to evil forces, how the dwarves lost control of their mountain city, and also how old legendary maps donââ¬â¢t so well in a new environment. The men never really experienced what it was like to live in a time where everyone and everything blended harmoniously. After reading this in the book, I immediately made a mental connection to a memory of the 6th grade. At the peak of the swine flu epidemic, my school started to administer vaccines to protect the students against the disease. I forgot to hand in a consent form to give them permission for a vaccine, so instead of getting a vaccine, I got the nasal mist in my nose. The nurse asked me what my favorite fruit was, and I replied ââ¬Å"umm.. apples! â⬠Not knowing what it was for, she made the thick goo they shot up my nose apple flavored. This was probably one of the weirdest feelings I have ever experienced. Just like Fili, I did not want to smell apples for a long time. This excerpt I picked reminds me of a part of the Odyssey. The specific part I am referencing to is the Suitors. After learning how expensive it is to have company over for an occasion, the connection I made between both pieces of literature only emphasizes this idea by giving more evidence. ââ¬Å"Not at any rate until the songs have come true! â⬠(Tolkien 186) ââ¬Å"They beat on it, they thrust and pushed at it, they implored it to move, they spoke fragments of broken spells of opening, and nothing stirred. â⬠(Tolkien 190) ââ¬Å"Tomorrow begins the last week of autumn. Said Thorin one say. ââ¬Å"And winter comes after autumn,â⬠said Bifur. ââ¬Å"And next year after that,â⬠said Dwalin, ââ¬Å"and our beards will grow till they hang down the cliff to the valley before anything happens here. â⬠(Tolkien 193) I purposely picked this quote to talk about my reasoning of how these words relate to the current generation of music. There is little or no rate of songs that are produced today that stay true to the art of music. For starters, most songs today arenââ¬â¢t even made with ââ¬Å"realâ⬠instruments. Secondly, almost all of the big time artists are auto-tuned. It isnââ¬â¢t the strongest reference I have made, but I just canââ¬â¢t stand how the stuff they call music is so greatly praised. As the group searches for the secret entrance Elrond has promised the dwarves based on the map, their failure to open the door foreshadows further struggle. The group will encounter more forms of resistance, because this isnââ¬â¢t even the worst part of their luck they have been blessed with. This quote also shows the much repeated theme of perseverance displayed throughout the novel. The excerpt I presented here shows how the race against time is presented for the crew. This is because they do not have forever to complete their tasks. Since they get agitated at how long parts of their quest take, it highlights qualities of the average Joe that they possess. They are not a group of godly, or immortal beings. We saw them cut down to size similarly when they were trapped by the wolves. ââ¬Å"The most that can be said for the dwarves it this: they intended to pay Bilbo really handsomely for his services; they had brought him to do a nasty job for them. And they did not mind the poor little fellow doing it if he would: bit they would all have done their best to get him out of trouble, if he got into itâ⬠(Tolkien 196) I have absolutely no use for dragon-guarded treasures and the whole lot could stay here forever, if only I could wake up and find this beastly tunnel was my own front-hall at homeâ⬠(Tolkien 198) ââ¬Å"â⬠¦but rising from the near side of the rocky floor there is a great glow. The glow of the Smaug! â⬠(Tolkien 200) I ha d to chew this quote up a little bit and ponder upon it. A side of the dwarves that has not yet been shown is expressed here. I believe it is greed. The dwarves seem to be using Bilbo for his talents ââ¬â which make up a good thief. There isnââ¬â¢t much to say about the dwarves if they used Bilbo all along as their scapegoat. Bilbo speaks for himself in this quote. He is not there to be someoneââ¬â¢s tag along. He has a mind of his own and knows what is right and wrong. He also yearns for the safety and comfort of his own home when thrown into the midst of a sticky situation. I can say that Bilbo is a very convincing being. I specifically picked this quote because we have heard of the dragon throughout the whole book, but this is the first actual account we have about Bilboââ¬â¢s encounter with the dragon ââ¬â first hand. The dragon is pictured as any other dragon from a mythical tale would be. The first and most important trait being the dragon having firey breath. It is because of the dragonââ¬â¢s ability to promote havoc that gives the story an interesting outcome. ââ¬Å"Now do be careful! â⬠whispered the hobbit, ââ¬Å"and as quiet as you can be! There may be no Smaug at the bottom, but then again, there may beâ⬠(Tolkien 215) ââ¬Å"Suddenly Bilboââ¬â¢s arm went towards it drawn by its enchantment. You read "The Hobbit Double Entry Journal Prompts" in category "Essay examples" His small hand would not close about it, for it was a large and heavy gem; but he lifted it, shut his eyes and put it in his deepest pocket. (Tolkien 217) ââ¬Å"Hear, hear! â⬠cried Bilbo, and flung himself on the ground. In the rock-chamber there would have been room for a hundred and there was a small chamber in the back. There they laid out all of their burdens. â⬠(Tolkien 224) I like this qu ote because it emphasizes Bilboââ¬â¢s resourcefulness. He thinks through every possible consequence before he acts. This is a very useful trait to have, especially for someone that is on an adventure where one silly mistake can prove fatal. Acting so vigilantly will later prove fruitful for Bilbo. This is a substantial quote in a rather small chapter. Here we are introduced to the turning point of the story ââ¬â the Arkenstone. This is just one of the few treasures Bilbo retrieves. The arkenstone is one of the main reasons Thorin set out to reclaim what was once his ancestorsââ¬â¢. This quote also foreshadows Bilboââ¬â¢s future resourcefulness. After reading the rest of the story, I noticed that the men start to reclaim what is theirs. It almost acts as a foreshadowing tool. The men, especially Thorin, know whatââ¬â¢s rightfully theirs and how it has been taken from them. It will only be a matter of time before they find out if they can hold on to their newly conquered area. ââ¬Å"The King beneath the Mountain! They shouted. His wealth is like the Sun, his silver like a fountain, his rivers golden run! The river is running gold from the Mountain! they cried, and everywhere windows were opening and feet were hurryingâ⬠(Tolkien 226) ââ¬Å"Already men were jumping into the water on every side. Women and children were being huddled into laden boats in the market-pool. â⬠(Tolkien 228) ââ¬Å"Arrow! Said the bowman. ââ¬Å"Black arrow! I have saved you for last. You have never failed me and always I have recovered you. I had you from my father and he from of old. If ever you came from the forges of the true king under the Mountain, go now and speed well! (Tolkien 229) I interpreted this quote as a great example of dramatic irony. The townspeople, who think the golden colored river in the distance is amassed wealth, are horribly wrong. The gold is in fact, a raging dragon ready to destroy everything in its sight. Everyone starts to cry cheers of joy, when they should be crying tears of sadness. From this quote, I perceived a very strong mental image. The quote shows the true wrath of the Smaug. At the time The Hobbit was written, 1930, women and children were put first in the event of a disaster. For example, in the movie Titanic, one could see how women and children were loaded onto life boats before men. Here in this quote, if men were the first ones to give up and jump into the water, no one had a chance at survival by far. There would be no one to help others get on their way to safety. This quote stresses the theme of tradition throughout the story. Because the arrow was handed down from generations of old, it had a much higher importance. The archer believed the arrow had more ââ¬Å"experienceâ⬠seeing more time in battle situations. It is also interesting to read about how much faith was invested into his last shot. This excerpt also sparks my curiosity as to how the archer talks to the lifeless arrow like an old friend. ââ¬Å"Now we will return to Bilbo and the dwarves. All night one of them had watched, but when morning came they had not heard or seen any sign of danger. But ever more thickly the birds were gathering. Their companies came flying from the South; and the crows that still lives about the Mountain were wheeling and crying unceasingly above. â⬠(Tolkien 234) ââ¬Å"Hail Thorin! Why do you fence yourself like a robber in his hold? We are not yet foes, and we rejoice that you are alive beyond our hope. We came expecting to find non living here; yet now that we are met there is matter for a parley and a council. â⬠(Tolkien 240) ââ¬Å"The whole place still stinks of dragon,â⬠he grumbled to himself, and it makes me sick. And cram is beginning simply to stick in my throat. â⬠(Tolkien 243) I picked this quote to explain how the foreshadowing of Thorin reclaiming his ancestorââ¬â¢s mountain cabin wraps up. The dwarves are hiding out in the mountain, and now they will have to hold off against whoever feels obligated to collect the dragonââ¬â¢s treasures. As the narrator switches points of views, he pictures birds thickly gathering. When you see something abnormal occur in nature, you get a feeling something bad is about to happen. This picture Tolkien painted compelled me to keep on reading. Expecting the dwarves to be dead, the humans and their allies have come to claim the dragonsââ¬â¢ treasures. The humans mean no harm to the dwarves, and once they find them there they suggest they should split the riches. Thorin, feeling all of it is his become very defensive and abruptly declines. This is the first time in the novel I found Thorin to be so bold in his actions. Considering they greet him with an overly-polite ââ¬Å"Hail Thorin! â⬠, I think he should have gave them a small share for slaying the dragon. Although I am not in the situation personally, I couldnââ¬â¢t say what I would suggest. After finally reaching what his whole journey was driven off of, he would need time to make a decision. I find quote humorous and ironic. Thus because Thorin wanted to remain close to his newly acquired treasures, and now he has to being that the mountain is besieged. Now, Thorin has had enough of the mountain when the fun just started. ââ¬Å"Now the days passed slowly and wearily. Many of the dwarves spent their time piling and ordering the treasure; and now Thorin spike of the Arkenstone of Thrain, and bade them eagerly to look for it in every corner. â⬠(Tolkien 244) ââ¬Å"I am tired of stairs and stone passages. I would give a good deal for the feel of grass at my toes. I would give a good deal for the feel of strong drink in my throat, and for a soft bed after a good supper! â⬠(Tolkien 246) ââ¬Å"All in good time! â⬠said Gandalf. ââ¬Å"Things are drawing towards the end now, unless I am mistaken. There is an unpleasant time just in front of you; but keep your heart up! You may come through all right. There us news brewing that not even ravens have heard. Good night! â⬠(Tolkien 249) This is one of my most favorite examples of dramatic irony I came across in the novel. Thorin is searching for the Arkenstone restlessly. What he doesnââ¬â¢t know is that Bilbo swiftly retrieved it on one of his first adventures into the mountain. At one point Bilbo gets worried after Thorin says he would put his life on the stone to get it back. Bilbo doesnââ¬â¢t want a conflict to erupt between the three races. The dramatic irony throughout this novel up to this point made it much more fun to read. Eventually Bilbo is tired of sticking it out in the mountain. He longs for him humble life so he takes matters into his own hands. Offering the Arkenstone, something so valuable to his expedition, to avoid conflict is something that was just in his nature. An action like this was very brave for him, but he knew what he needed to do. In this quote, Gandalf is congratulating Bilbo on a job well done, yet not to become complacent because it is not all over yet. I think that it is essential Gandalf appreciated Bilboââ¬â¢s actions of bravery and how he carries out what he believes in with such finesse. Bilbo gets excited because of Gandalfââ¬â¢s compliments, and I felt happy for him. ââ¬Å"By the beard of Durin! I wish I had Gandalf here! Curse him for his choice of you! May his beard wither! As for you I will throw you to the rocks! He cried and lifted Bilbo into his arms. Stay! Your wish is granted! â⬠said a voice. The old man with the casket threw aside his hood and cloak. ââ¬Å"Here is Gandalf! And none too soon it seems. If you donââ¬â¢t like my Burglar, please donââ¬â¢t damage him. Put him down, and listen first to what he has to say! â⬠(Tolkien 250-251) ââ¬Å"The Goblins are upon you ! Bolg of the North is coming, O Dain! Whose father you slew in Moria. Behold! The bats are above his army like a sea of locusts. â⬠(Tolkien 255) ââ¬Å"It was a terrible battle. The most dreadful of all Bilboââ¬â¢s experiences, and the one which at the time he hated most. â⬠(Tolkien 257) This quote that I picked only further emphasizes the fact that Gandalfââ¬â¢s and Bilboââ¬â¢s views correspond with each other. Nothing bad can really result from a duo with supernatural powers and great resourcefulness. I also appreciate how Gandalf cuts Thorin down to size. I believe that the riches he sits upon got to his head and now he somewhat corrupt. In this part of the book, we are introduced to a new character, ââ¬Å"Bolg of the Northâ⬠. According to the book, Bolg is the son of Azog. This is very interesting because earlier in the book we learned Azog was the goblin who killed Thorinââ¬â¢s grandfather, Thror. This reminds me of the short story we read earlier in the year, The Interlopers, and how the hostility remained between the generations of family. This explanation of the battle given on the account of Bilbo really made me realize the degree of severity in which it occurred. If this was worse than Bilboââ¬â¢s experience of being chased up a tree by wolves and then having it slowly burnt down with him stuck up there, then this battle must have been pretty bad. I would have to say it was by far Bilboââ¬â¢s nightmare occurring in reality. ââ¬Å"When Bilbo came to himself, he was literally by himselfâ⬠(Tolkien 261) There indeed lay Thorin Oakenshield, wounded with many wounds, and his rent armour and notched ace were cast upon the floor. He looked up as Bilbo came beside him. ââ¬Å"Farewell, good theif,â⬠he said. I go now to the halls of waiting to sit beside my fathers, until the world is renewed. Since I leave now all gold and silver, and go where it is of little wo rth, I wish to part in friendship with you, and I would take back my words and deeds at the Gate. â⬠(Tolkien 262) ââ¬Å"So comes snow after fire, and even dragons have their ending! â⬠said Bilbo, and he turned his back on his adventure. The Tookish part was getting very tired, and the Baggins was daily getting stronger. ââ¬Å"I wish now only to be in my own armchair! â⬠he saidâ⬠(Tolkien 268) This statement, which opens up the 18th chapter, highlights the life of solitude Bilbo longed for the whole time he was away from his ascetic life. Tolkien shows how he was forced to cope by himself with no one there for him as they were either dead or in hiding. I felt a lot of sympathy here for Bilbo because he was always there to lend a hand to everyone else but in this instance, no one was there for him. Thrown in a much different situation, Thorin acts completely different towards Bilbo. Even though I disliked Thorin a lot since the beginning of the book, I looked at his character with a lot more respect after he parted by making amends with everyone ââ¬â especially Bilbo. Bilbo definitely deserved an apology and I revere Thorin for delivering it. I noticed that as time went on in the book, Bilbo kept longing for his hobbit hole. Since his Tookish blood that has longed for adventure is now satisfied, he needs time to recover from everything he has seen and experienced. Now fueled and fired by the drive to get home, nothing is going to stop Bilbo. He is now a much stronger, wiser, and keen hobbit. ââ¬Å"The dragon is withered, his bones are now crumbled; His armour is shivered, His splendor is humbled! Though sword shall be rusted, And throne and crown perish With strength that men trusted And wealth that they cherish, Here grass is still growing, And leaves are yet swinging, The white water flowing, And elves are yet singing Come! Tra-la-la-lally! Come back to the valley! â⬠(Tolkien 269) ââ¬Å"Bless Me! Whatââ¬â¢s going on? He cried. There was a great commotion and people of all sorts, respectable and unrespectable, were thick round the door, and many were going in and out ââ¬â not even wiping their feet on the mat, as Bilbo noticed with annoyance. â⬠(Tolkien 274) ââ¬Å"Thank goodness! â⬠said Bilbo laughing, and handed him the tobacco-jar. â⬠(Tolkien 276) This excerpt, the elves being the speakers behind it, recite these lines in song. This quote shows how the slaying of the dragon and triumph over the goblins and Wargs not only positively affected Bilbo and the dwarves, but life in all of the lands. Because of their brave actions, everyone can now live much more peacefully. In this quote, Bilbo finally returns home. Heââ¬â¢s been ââ¬Ëround the world and back ââ¬â literally ââ¬â only to find his belongings are being auctioned off to strangers. If I was in Bilboââ¬â¢s situation I would have probably gone berserk and thrown everyone out, one by one. I couldnââ¬â¢t even have imagined such a thing happening to Bilbo. If there was one thing I can see Bilbo caring about is his good ââ¬Ëol pipe and tobacco. These two items are the perfect combination to calm down and relax such a humble hobbit like Bilbo. I happy that at least his pride wasnââ¬â¢t stripped from him at his homecoming. Bilbo has returned at last. How to cite The Hobbit Double Entry Journal Prompts, Essay examples
Past Consideration free essay sample
Consideration is also known as element of exchange. To be a contract, the transaction must be supported by consideration. According to general rule, s. 26 of CA state that an agreement made without consideration is void. We can define consideration as the price paid for benefit received or is an exchange of promises. It means that something with monetary value, voluntarily exchanged for an act, benefit, forbearance, interest, promise, right, or goods or services. For example, the promisee has to give something in return for the promise of the promisor in order to convert a bare promise made in his favour into a binding contract. According to Lord Dunedin in Dunlop v Selfridge (1915), consideration is ââ¬Å"an act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceableâ⬠. Thus, consideration may be viewed as a sort of bargain, or price which one party pays to buy the promise or act of the other. We will write a custom essay sample on Past Consideration or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page When the promisor promises to do or to abstain from doing something, the promisee must pay a price for it. There are three types of consideration and one of the considerations is the past consideration. 1.2 Past Consideration Pass consideration is one type of the consideration. If one part voluntarily performs an act before the promise was made or the other party then makes a promise, the consideration for the promise is said to be in the past. For example, A finds and returns Bââ¬â¢s digital camera and in gratitude, B promises to reward him with RM 200. B had made a promise here in return for A prior act which is return his digital camera. The return of the camera was an act in the past done independently of Bââ¬â¢s promise and will be pass consideration. 2.0 Content 2.1 Past Consideration under Common Law There are two different views toward this past consideration. Under Common Law of England the general rule, the view of past consideration is that it is not a good consideration and is not recognized by English Law. It is insufficient to support a contract. The past consideration is valid if something is done in the business context and it was understood that both parties that it would be paid off. We can refer to the examples cases of 2.1 (a) Re McArdle (1951) and 2.1 (b) Roscorla V Thomas (1842). 2.1 (a) Re McArdle (1951) After the death of the mother, five children inherited the house. Some home improvements had been paid by one of the daughters in law. Later, the other four of the children signed a document that they promised to pay her the money for the work done, in consideration of carrying out improvements to the property. However, the others then refused to pay to her and the Court of Appeal held that the promise was unenforceable because all the work that had done before the promise made was just a past consideration. 2.1 (b) Roscorla V Thomas (1842) Roscorla purchased a horse from Thomas. After Roscorla had purchased the horse, Thomas then promised that the horse was in a good condition and it is not vicious. However, Roscorla then just realized the horse was actually vicious. At last, the decision is that the promise of Thomas was not binding because the promise was made after the sale had been completed and the buyer had given nothing in return for it. It was a past consideration, so the buyer could not rely on the prior sale to support the new promise. This is the two cases which can support that the past consideration is not a good consideration in the English Law. 2.1.1 Exceptions However, not all the past consideration is not a good consideration under the English Law, but still, there are also exceptions that past consideration is a good consideration under English Law the general rule. The circumstances of the exceptions is that at the promisorââ¬â¢s request to provide goods and services previously, then promise made after the provision of goods will be binding. We can refer to the case 2.1.1 (a) Lampleigh v Braithwait (1615). There is also another cases we can refer to it which are 2.1.1 (b) Pao On v Lau Yiu Long (1979). 2.1.1 (a) Lampleigh v Braithwait (1615) Braithwait killed someone and asked Lampleigh to obtain for him a royal pardon. Lampleigh did so and in exchange, Braithwait promised to pay him à £100 for his efforts. Braithwait never paid to Lampleigh and so broke this promise and Lampleigh sued him. The court held that Lampleigh succeeded in this action because it appears to be unspoken understanding that the service would be paid for and so was not past. 2.1.1 (b) Pao On v Lau Yiu Long (1979) Pao On agreed to sell shares to Fu Chip which was controlled by Long, in consideration for certain shares. To protect the share value, Pao On and Fu Chip agreed that Pao On would retain 60% of the acquired shares until April 1974. However, in April 1973, Pao On refused to proceed with the contract unless Long agreed to indemnify him against the value of the retained shares falling below a set level. Long agreed, but only to ensure public confidence in company. The sale proceeded an Pao On sought to enforce the indemnity. This cases was held that there was consideration. This case had present all three element which are the act done was done at the promisorââ¬â¢s request, the parties understood that the act would be remunerated in some way, and it would be legally enforceable if the promise had been given in advance of the act. 2.2 Past Consideration under Malaysian Contract Act On the view from Malaysian Law which is the Malaysian Contract Act, past consideration is a good consideration and is valid consideration. It is something which wholly performed before the promise was made. According to s. 2 (d) of CA, 1950, the words ââ¬Å"has done or abstained from doingâ⬠had implied that an act prior to the promise is sufficient to constitute consideration even though it is clearly past provided it is done at the desire of the promisor. This is illustrated in the case of 2.2 (a) Kepong Prospecting Ltd Ors v Schmidt (1968). 2.2 (a) Kepong Prospecting Ltd Ors v Schmidt (1968) Schmidt is a consultant engineer who has assisted another in obtaining a prospecting permit for mining iron ore in state of Johore. He helped in the subsequent formation of Kepong Prospecting Ltd and was appointed as its Managing Director. After the company was formed, they entered into an agreement whereby the company undertook to pay 1% of the value of all ore sold from the mining land. This was being in consideration of the services rendered by the consulting engineer for and on behalf of the company prior to its formation, after incorporation and for future services. Thus, were the services rendered after the incorporation but before the agreement were sufficient consideration? The court held that is was clearly past consideration and it did constitute a valid consideration so that Schmidt was entitled to his claim on the amount. The services prior to the companyââ¬â¢s information could not amount to consideration as they could not be rendered to a non-existent company, nor could the company bind itself to pay for services claimed to have been rendered before its incorporation. 2.2.1 An Agreement to Compensate for Something Voluntarily Done Based on s. 26 (b) of CA, 1950 there are two limbs to this exception. First, it is promise to compensate either wholly or in part the other person (promise). Another is the promisee has voluntarily done something for the promisor. Thus, the prior is that no matter the act has been performed by the promisee, the agreement must have been performed voluntarily. 2.2.2 An Agreement to Compensate Something which Promisor was Legally Compellable to Do According to s.26 (b) of CA 1950, the necessary ingredients are that the promisee has voluntarily done an act. Beside, the act is one which the promisor was legally compellable to do. It is also an agreement to compensate, wholly or in part the promise for the act. 2.2.3 A Promise to Pay a Statute-Barred Debt s. 26 (c) of CA 1950 states that a statute barred debt refers to a debt, which are not recoverable through legal action due to a lapse of time fixed by the law. The time limit is 6years from the time of cause if action arises. It was under the Limitation Act 1953. s. 26 (c) of CA 1950 creates an exception to this rule but subject to several conditions: 1. The debtor made a fresh promise to pay the statute barred debt 2. The promise is in writing and signed by the person to be charged or his authorized agent in his or her behalf 3.0 Conclusion In conclusion, we can know that there is difference between the past consideration under Common Law of England and Malaysian Contracts Act, 1950. Although there is different view of past consideration from two different laws, but there are still exceptions for both law. To decide whether the past consideration is a good or bad consideration, the most important still is to depend on the cases. Past consideration is sometime good to prevent fraud. 1.0 Issues There are two issues in this case. The first issue in this case is whether Lorraine has the right to cancel or repudiate the contract. Another issue is that whether Lorraine can claim or ask for the damages from the company. 2.0 Sources of Law In order to know whether the repudiation of contract and claiming damages from company can be succeed, we need to understand the legal principles or the legal position of Lorraine now. This is essential because the decision is held using these legal principles. 2.1 Terms of Contract There is no provision in the Contract Act 1950 dealing explicitly with the term of a contract. It does not have provision to clarify whether all the terms of contract must be express or whether they can be implied into a contract. Thus, the courts in Malaysia have adopted common law rules on these matters. The terms of a contract are its contents. The contents of a contract are known as terms or clauses. Generally, an agreement will consist of various terms and the rights and obligations of parties to a contract are determined by the terms of that contract. These terms of contract can be express or implied. 2.1.1 Implied Terms Implied terms are those terms which have not been discussed or mentioned by either party will nonetheless be included in the contract. The contract doesnââ¬â¢t make commercial sense without that term. However, the court will imply into the contract when they appears to be consistent with the intention of the parties. 2.1.2 Express Terms Express terms are those terms that have been specifically mentioned and agreed by both parties at the time the contract is made. For examples, concern price, quantity, quality, size, colour or delivery date. They can either agree wholly by oral or writing or may be found in a combination of them. 2.1.2.1 Conditions Terms and Warranties Terms Express terms and Implied Terms had been divided into two categories which are Conditions and Warranties. It does not draw any distinction between the two for the CA 1950, but still the Malaysian courts have drawn the distinction between them by following the common law. 2.1.2.1.1 Conditions Terms A condition is the major term which is indeed essential to the main purpose of the contract. If the promisor broke or breach of condition in any respect, it will entitle the injured party to repudiate the contract and claim damages. However slight it is, it gave the other party a right to be quit of his future obligations and to sue for damages. The injured party may also choose to go on with the contract, despite the breach, and recover damages instead. The example cases that we had are 2.1.2.1.1 (a) Poussard v Spiers (1876). 2.1.2.1.1 (a) Poussard v Spiers (1876) Madame Poussard was engaged to appear in an operetta which was to be produced at Spiers theatre and entered into a contract for three months. Unfortunately, the plaintiff fell ill and missed the opening night and three performances. The producers were forced to engage a substitute. A week later Poussard recovered and offered to take her place, but the defendants refused to take her back for the remaining performance and she sued him. The court held that Poussard was in breach of condition and Spiers were entitled to repudiate the contract. She missed the most important performance on the opening night. The obligation to perform from the first night was a condition of the contract. Thus, Spiers entitled to repudiate Poussardââ¬â¢s contract. 2.1.2.1.1.1 Rescission The contract is revoked and parties are returned to their original positions as if there was no contract between them. It revert the contract to the day it had not been signed as if the contract had not been made. Alternatively, the party suffering from a breach of condition may treat it as a breach of warranty and claim damages only. We can refer to the example cases 2.1.2.1.1.1 (a) Tham Cheow Toh v Associated Metal Smelters (1972). 2.1.2.1.1.1 (a) Tham Cheow Toh v Associated Metal Smelters (1972) The appellant agreed to sell a metal melting furnace to the respondents and undertook that the melting furnace shall have a temperature of higher than 2,600à °F. However, the specification was not satisfied which was not higher than the desire temperature, the respondents brought an action alleging breach of condition of the contract. The court held that the appellantââ¬â¢s failure to supply a furnace according to the specifications was a breach of condition of the contract. Thus, the respondent has the right to cancel the contract and also claim damages if any, or to treat it as a breach of warranty and claim damages only. 2.1.2.1.2 Warranties Terms Compare conditions, warranties is less essential than it. It does not go to the root of the contract and is collateral to the main purpose of the contract. If there is breach of warranty, the injured party not entitled to cancel the contract, but only have the right to claim for damages. 2.1.2.1.2 (a) Bettini v Gye (1876) Bettini, an opera singer was engaged by Gye to sing in a series of concerts. He also undertook to be in London at least six days to attend the rehearsal sessions. At last, due to temporary illness, he arrived three days late. He gave no advance notice and Gye therefore cancel the contract. It was held that the failure to attend the rehearsals by the plaintiff could only affect a small part of this period. It was not a very important term of the contract and is not conditions. The defendant could claim compensation for a breach of warranty but he could not terminate contract with Bettini. 3.0 The Law to the Fact Situation Refer to the cases, the oven that Lorraine bought did not reach the requisite temperature that she wants, which means does not satisfied her specifications. Before Lorraine purchasing the oven, she had already made know expressly to Warren that the oven should reach temperature at least 2,000à ºF. When Lorraine told Warren expressly, this action of Lorraine had proven that although there is not written in contract, but there is an oral form of agreement between them. (Ref 2.1.2). Besides, for an oven, the temperature is important and is the conditions for it. When Lorraine told Warren that the temperature should at least 2,000à ºF, the condition terms is appear here. (Ref 2.1.2.1.1). The temperature of an oven canââ¬â¢t amount as warranty term (Ref 2.1.2.1.2) because as mentioned just now, the temperature to an oven is essential, so that is the condition, not a warranty term. 4.0 Conclusion In conclusion, Lorraine has the right to repudiate the contract and also claim the damages from Warren because the condition terms is exist when Lorraine expressly made know to Warren about the requisite of the temperature. Lorraine can succeed in 2her action base on the Express Term and Conditions Term.
Tuesday, May 5, 2020
Corporate Social Responsibility for Volkswagen-myassignmenthelp
Question: Discuss about theCorporate Social Responsibility for Volkswagen Company. Answer: Corporate Social Responsibility forms an important part of the overall business strategy of the various business organizations (Epstein and Buhovac 2014, 2-78). Furthermore, an effective management of the shareholders is another important part of the overall business strategy of the various business organizations. It is significant to note that the shareholders are the investors who have made an investment into the concerned business organization and thereby take an active interest in the diverse business activities of the concerned business organizations (Pless, Maak, and Stahl 2012, 873-903). The effective management of the relationship with these diverse shareholders thus becomes very important for the various business organizations. However, in the opinion of many people the various employees of the concerned business organizations form a more important part of the business organization than the shareholders whom the managers or the leaders of the concerned business organization gets to meet only once or twice a year (Pless, Maak, and Stahl 2012, 873-903). In addition to that, many people are of the opinion that the various employees contribute more towards to the overall growth as well as the development of the concerned business organization (Cheng, Loannou, and Serafeim 2014, 1-23). This particular essay intends to shed light on the statement of the particular statement of the CEO of Volkswagen Why should I care about the shareholders, who I see once a year at the general meeting. It is much more important that I care about the employees; I see them every day and the concept of corporate governance. The paper will more specifically focus on the unethical use of the defeat device which the company Volkswagen used to manipulate the emission rates of the vehicles manufactured by it. Corporate Social Responsibility or more commonly called by the name of CSR can be defined as the process by means of which the various business organizations functions as a self-regulatory mechanism whereby a business monitors and ensures its active compliance with the spirit of the law, ethical standards and national or international norms (Cheng, Loannou, and Serafeim 2014, 1-23). Thus, the various business organizations form their own regulatory bodies by means of which they form their regulatory bodies which functions just like a sovereign would rule their empire (Schwartz 2017, 10-51). Furthermore, these regulatory bodies are in compliance with the various international rules as well as regulations and thus they are used by the various business organizations for the resolution of the various conflicts and the crisis events which the various business organizations often face (Pless, Maak, and Stahl 2012, 873-903). In the opinion of many scholars, corporations increase long-term p rofits by operating with a CSR perspective, while critics argue that CSR distracts from businesses' economic role (The Globe And Mail 2018). Furthermore, the CSR is also indicative of the social responsibility which a particular business organization has towards the society. It is commonly seen that the various business organizations take the help of effective corporate social responsibility to not only further the interests of their business organizations but also to create a positive brand image for themselves. Thus, it is often seen that the various business organizations often indulge in various creative activities to create a better brand image for themselves. Therefore, it is often seen that the various business organizations also try to promote the various precepts of the environmental legislations in the corporate social responsibility programs in a bid not only to create a positive brand image for the company concerned but also to contribute towards the cause of the environ ment. Thus, it can be said that the various corporate social responsibilities followed by the diverse business organizations are a reflection of the goals as well as the objectives set by the concerned business organization. The company Volkswagen, founded in the year 1937 by the German Labour Front under Adolf Hitler is a German automobile company which specializes in the manufacture of the cars and other vehicles (Volkswagenag.Com 2018). It is significant to note that the company was adjudged the largest automobile company of the world in the year 2016 in terms of the sale volume (Volkswagenag.Com 2018). The literal meaning of the name of the company is "people's car" and therefore the company intends to serve the interests of the common people in the best possible manner (Volkswagenag.Com 2018). However, in the recent times, the company had faced a lot of backlash due to the unethical means which it used not only to enhance the number of vehicles sold by it but also to evade the results of the various regulatory tests. According to a recently published article in The Telegraph (2018), Volkswagen has admitted that 11 million vehicles worldwide were fitted with software to cheat emissions tests, as the scandal moved from beyond the US (Telegraph.Co.Uk 2018). Furthermore, in addition to this, the company is facing fines of $18 billion after accepting it had systematically installed software in VW and Audi diesels since 2009 to deceive regulators who were measuring exhaust fumes (Nytimes.Com 2018). This shocking revelation by the company has put more than 11 million vehicles from all over the world at risk. It is significant to note that the company used software, also called by the name of defeat devices, which when implanted in the cars showed a reduced emission rate than the actual ones that was originally being produced by the cars (Nytimes.Com 2018). This revelation originally put 482,000 cars at risk however later on investigations proved that the company used the same software to evade the tests for more than 11 million vehicles (BBC News 2018). The problem surfaced last November when the company found irregularities in tests to measure carbon dioxide emissions levels that co uld affect about 800,000 cars in Europe - including petrol vehicles (BBC News 2018). However, later investigations unearthed that it was the defeat device used by the company which was causing the problem. Therefore, it can be said that the company in a bid to increase the amount of profit gained by it on an yearly basis put not only the lives of millions of people from different parts of the world at risk but also posed a significant damage to the environment by manipulating the emission rates of the vehicles which it manufactured. Therefore, it would not be too far-fetched to say that this particular policy used by the company was not only unethical but also posed a significant damage to the environment and the lives of the people concerned in the process. The Environmental Protection Agency (EPA) is the organization which is entrusted with work of ensuring that the emissions caused by the various vehicles are kept at a minimum level (The Guardian 2018). The official report of the Environmental Protection Agency (EPA) in the nation of the United States of America states that cars had been fitted with sophisticated software algorithms which detect when they are undergoing official emissions testing and turn on full emissions controls (The Guardian 2018). It was thus particular defeat device which was enabling the cars to evade the safety tests. It is significant to note that the various nations have levied a fine of more than $18 billion on the company in addition to the set aside 6.5 billion to tackle the problem which is expected to include a huge recall so that the software can be updated (Telegraph.Co.Uk 2018). This particular unethical practice of the company has made millions of vehicles all over the world illegal and also has pu t the lives of billions of people across the world at risk due to the environmental risk which these vehicles are posing to the environment. The Corporate Social Responsibility policies of the company as well as the other strategies which the company takes help of focused more on the increasing the number of sale of the vehicles and thereby the annual profit of the company concerned. The CEO of the company himself said Why should I care about the shareholders, who I see once a year at the general meeting. It is much more important that I care about the employees; I see them every day (Volkswagenag.Com 2018). Thus, it can be said that the policies as well as the strategies of the company are directed more towards the employees who form one of the core components of the company. It is significant to note that this is in stark contrast to the policies followed by the other business organizations which place a greater amount of value on the satisfaction level of the shareholders who have spent not only their capital but also other resources in the company (Epstein and Buhovac 2014, 2-78). Therefore, it would be apt to say tha t the corporate governance policy of the company under discussion places more amount of insistence on the various employees of the company rather than on the diverse shareholders of the company (Epstein and Buhovac 2014, 2-78). In the opinion of many people, this was one of the major factors which contributed to the downfall of the company in the recent times. The employees no doubt forms a very part of the organization concerned however the company by focusing more on the employees developed the strategy which ultimately lead to its downfall. In the opinion of many people, it is true that the primary purpose of the various business organizations is to make money however they should take into consideration the society as well as the planet as well of which they also are a part (Epstein and Buhovac 2014, 2-78). Furthermore, it is significant to note that financial sustainability is more important than the employee sustainability which the company tried to achieve by focusing more on the employees (Kinderman 2013, 701-720). A financially sustainable company could have withstood the backlash the company under discussion experienced recently (Kinderman 2013, 701-720). However, as the company chose to be an employee sustainable company by focusing more on the satisfaction of the employees thus the company was not able to handle the backlash. The company after the incident came to light has taken certain steps which would help the somewhat mitigate the damage which it committed in the course of the many years. First of all the company has decided to revoke all the vehicles which used the technology of defeat device (Kinderman 2013, 701-720). Secondly, the company also has agree set aside a huge sum of more than 6.5 billion in a bid to handle the situation which it has created and is also trying to change the style of governance followed by it for the management of its business operations, which has been attributed as one of the major reasons which lead to the fall of the company (Telegraph.Co.Uk 2018). It is significant to note that in the year 2016 the company was the largest automobile company in the world (Telegraph.Co.Uk 2018). However, after the incident the company lost one third of its shares within a single week and ended up incurring a loss of more than one billion. To conclude, it becomes apparent that corporate social responsibility forms an important part of the various business organizations. It can be said to embody the rules as well as regulations by means of which the various business organizations govern themselves just like a ruler would rule his or her kingdom. Furthermore, it is significant to note that the Corporate Social Responsibility of the various business organizations takes into consideration the various legislative as well as the ethical precepts given by the diverse governmental bodies. Moreover, it is often seen that an effective CSR policy can help the business organization concerned to bring about their overall growth as well as development however an ineffective or misplaced CSR can also bring about the ruin of the company concerned. Thus, it can be said that the concept of corporate social responsibility forms an important part of the various business organizations and the various business organizations often take the h elp of this particular concept to enhance the brand image of their business organization which will help them to have a more wider customer base. References Bchner, Lutz Michael. "Corporate social responsibility and sustainability from a global, European and corporate perspective. Corporate social responsibility and sustainable governance."Eurolimes, Permeability and Impermeability of Socio-Economic Frontiers of the European Union12 (2012). Cheng, Beiting, Ioannis Ioannou, and George Serafeim. "Corporate social responsibility and access to finance."Strategic Management Journal35, no. 1 (2014): 1-23. Dans, Enrique. "Volkswagen and the failure of Corporate Social Responsibility."Forbes Magazine(2015). Epstein, Marc J., and Adriana Rejc Buhovac.Making sustainability work: Best practices in managing and measuring corporate social, environmental, and economic impacts. Berrett-Koehler Publishers, 2014. Gates, Guilbert, Jack Ewing, Karl Russell, and Derek Watkins. 2018. "How VolkswagenS Defeat Devices Worked".Nytimes.Com. https://www.nytimes.com/interactive/2015/business/international/vw-diesel-emissions-scandal-explained.html. Hopkins, Michael.The planetary bargain: Corporate social responsibility matters. Routledge, 2012. Kinderman, Daniel. "Corporate social responsibility in the EU, 19932013: Institutional ambiguity, economic crises, business legitimacy and bureaucratic politics."JCMS: Journal of Common Market Studies51, no. 4 (2013): 701-720. Knapton, Sarah. 2018. "Volkswagen Admits 11 Million Cars Worldwide Fitted With Suspect Software".Telegraph.Co.Uk. https://www.telegraph.co.uk/news/uknews/road-and-rail-transport/11881970/Volkswagen-admits-11-million-cars-worldwide-fitted-with-suspect-software.html. Neate, Rupert. 2018. "Volkswagen Under Investigation Over Illegal Software That Masks Emissions".The Guardian. https://www.theguardian.com/business/2015/sep/18/epa-california-investigate-volkswagen-clean-air-violations. Pless, Nicola M., Thomas Maak, and Gnter K. Stahl. "Promoting corporate social responsibility and sustainable development through management development: What can be learned from international service learning programs?."Human Resource Management51, no. 6 (2012): 873-903. Schneider, Andreas, and Ren Schmidpeter. "Corporate social responsibility."Verantwortliche Unternehmensfhrung in der Praxis, Berlin ua(2012). Schwartz, Mark S.Corporate social responsibility. Routledge, 2017. Strategy. 2018.Volkswagenag.Com. https://www.volkswagenag.com/en/group/strategy.html. Tai, Fang-Mei, and Shu-Hao Chuang. "Corporate social responsibility."Ibusiness6, no. 03 (2014): 117. The Volkswagen Emissions Scandal: A Case Study In Corporate Misbehaviour". 2018.The Globe And Mail. https://www.theglobeandmail.com/report-on-business/rob-commentary/the-vw-emissions-scandala-case-study-in-what-not-to-do/article26550100/. Volkswagen: The Scandal Explained. 2018.BBC News. https://www.bbc.com/news/business-34324772.
Thursday, April 30, 2020
The Utilitarian Argument of Capitalism Essay Example
The Utilitarian Argument of Capitalism Paper The use of government intervention is a widely disputed phenomenon. Government intervention In an otherwise free market refers to a somewhat mixed economy. In this economy, government Intervention takes place even though the majority of the market is capitalist. This paper aims to explore the utilitarian argument of capitalism and discuss whether government intervention in an otherwise free market leads to inefficiencies on utilitarian grounds. Capitalism refers to a profit or market system (Shaw, 2008; Gray, 2011). In this system, economic catchy is private and operates with the goal of making a profit (Shaw, 2008). According to Shaw (2008). This activity Includes all businesses. Production, distribution, banking and manufacturing, to name but a few. The government only takes responsibility for national expenses such as health care and education and does not enforce any quotas on private business production levels (Shaw, 2008). This means that in a purely capitalist system, there is no government intervention and a free market exists. Basally and Jones (1993) describe this as a market based, customer-driven economy (p. 2). Capitalism has many key features of which four are most important. These include companies, profit motives, competition and private property (Shaw, 2008). In a capitalist system, companies can exist and act as separate legal entities (Gray, 2011; Shaw, 2008). Being a legal entity means that the company has legal rights and obligations and may be tried In a court of law (Shaw, 2008). The employees, shareholders and stakeholders of a particular company are viewed as being separate from the company even though they may work wealth the company or have a say in how it is run. We will write a custom essay sample on The Utilitarian Argument of Capitalism specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Utilitarian Argument of Capitalism specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Utilitarian Argument of Capitalism specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The second feature of a capitalist system is that a companys main motive is to make as much money as possible and thereby maximize its profit (Shaw, 2008). Gray (2011) states that the capitalist system assumes that profit is a result of productivity. This in turn means that having a profit motive encourages workers and employees to be more productive. Competition, the third feature, can be seen as a regulator In the capitalist system; a company who sells poor quality products at exorbitant prices will not receive as much business as a company who sells high quality products at lower costs (Shaw, 2008). The company who has poor products and high prices will therefore be forced to better their products and lower their prices in order to achieve their goal of profit mastication. The fourth key feature is private property. A capitalist system requires that the tangible and intangible means of production, distribution, capital and economic catchy are privately owned (Shaw, 2008). Any profits arising from these means will be that of the owners. Adam Smith, when discussing the political economy of trade, noticed that when individuals were faced with unfamiliar business partners and foreign legal systems, hey would prefer to invest in domestic rather than foreign trade (Wight, 2006). Consequently, their home country would gain in investment, which would increase employment Ana production, amongst toner things. I Nils phenomenon lea to ten invisible hand argument: when people pursue their own interests, they will ultimately, without aiming to do so, create the greatest utility for the greatest number of people (Shaw, 2008). This concept of the invisible hand can be used as a proxy for the utilitarian argument of capitalism. Smith (1776) (as cited in Shaw, 2008) illustrates his concept by stating that it is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest (p. 130). According to Shaw (2008), the free and unrestrained market that exists under capitalism is more efficient and productive than any other system. This may be because in a free and unrestrained market an individual has the freedom to pursue his interests without any government restriction. One may then argue that government intervention may move some people away from the realization of their own self-interest. Through this reasoning, it can be said that government policies and regulations would not necessarily lead to the greatest amount of efficiency. Smith (1776) (as cited in Shaw, 2008) suggests that the removal of government policies and regulations on various resources such as raw materials, markets and labor would lead to the greatest amount of efficiency in a system. Shaw (2008) reasons that if consumers were freely allowed to choose what they bought and suppliers were freely allowed to choose what they sold and how they produced it, there would be no need for government intervention. The law of supply and demand would regulate the market and it would reach equilibrium. The law of supply and demand proposes that in the same way competition keeps an individual from becoming a ruthless profiteer (p. 131), it would be in an individuals best interest to sell an adequate amount of goods at fair prices (Shaw, 2008). Since China opened up its socialist economy to free market activities in 1978, it has experienced large benefits in many aspects (Presley, 2011). Expansion in the Chinese economy has led to decreased poverty, increased stability and a better standard of fife (Presley, 2011). From 1978 to 2011, Chinas Gross Domestic Profit has increased from $216 billion dollars to $5. 8 trillion dollars, the share of world economy has increased from 1. 8% to 9. 5% and the annual per income capita has increased from $266 to $4300 (Presley, 2011). This example proves that free market activities can in many ways create a greater good for a greater number of people. The utilitarian argument that Adam Smith puts forward assumes that people are self- interested, rational beings who are fully aware of the diverse range, price structure, laity and differences and similarities of the products available in the market (Shaw, 2008). In reality, large companies use tactics to manipulate the consumer and thereby reach their profit objectives (Shaw, 2008). Therefore, even with aid, it would be difficult for a consumer to make the rational, self-interested choices that Adam Smith assumes we as consumers are able to make. Capitalism requires perfect competition. For tons to occur, all Monolinguals Walton ten system must take market prices as parameters that they cannot control or change (Dobbin, 1991). This, however, is not the case in todays market. Dobbin (1991) suggests that market prices are not impersonal data (p. 7) but the result of decisions and negotiations between companies and individuals. Depending on the amount of power a company has, they could control their prices on their own or collude with other firms to set prices at profit maximizing levels. This means that many companies practice predatory pricing and create monopolies and oligopolies (Winfield, 2011). The lowest possible economic cost to society is therefore not being obtained, which in urn means that the system is not socially efficient and does not create the greatest good for the greatest number of people (Winfield, 2011). John Keynes challenged Adam Smith by opposing the idea that the law of supply and demand regulates the market (Dobbin, 1991). As mentioned previously, Shaw (2008) reasons that if consumers were freely allowed to choose what they bought, and there would be no need for government intervention. Keynes, however, realized that demand determines the amount a business supplies, as a business will only produce what it expects others will buy (Investigated, 2011). Keynes suggests that government intervention through fiscal and monetary policy should be used to control demand, which would enable full employment and levels of supply to be determined (Investigated, 2011). The utilitarian view of capitalism requires information symmetry. Information asymmetry occurs when the producer has more superior knowledge of the product than the consumer does (Investigated, 2011). This problem is illustrated in George Croakers Market for Lemons; sellers of poor quality goods and services have incentive to market their products as though they are of higher quality and better tankard to maximize their profit objectives (Investigated, 2011). This does not lead to price equilibrium. Instead, the distrust in the system may result in a no-trade equilibrium, which can lead to entire market failures. This is known as adverse selection (Investigated, 2011). Moral hazards are also caused by information asymmetry as people are more likely to take risks (Winfield, 2011). When individuals are exposed to poor quality goods, possible market failures, distrust and moral hazards, the greatest amount of good for the greatest number of people is not created. Government intervention can be used to control externalities. Externalities are costs or benefits borne by someone other than the producer or consumer (Winfield, 2011). External costs such as carbon dioxide emissions, pollution, psychological effects and harmful medical effects do not create the greatest good for the greatest number of people. Firms may not consider these social costs and supply too many products. This does not result in equal supply and demand (Winfield, 2011). One of the major criticisms of capitalism is the blatant economic inequality that exalts In many capitalist isosceles ( BIBB). Monolinguals In tense isosceles are not born with equal opportunities and the utilitarian argument for capitalism is challenged on this basis. Some proponents of capitalism have claimed that government intervention is the cause of inequality, but Shaw (2008) contends that these arguments have been disproved by both history and economic theory. To avoid the poverty and inequality that capitalism creates, it has been suggested that some form of government intervention should be used. Critics however argue that because of the capitalist economic and political frameworks this would probably not be possible (Shaw, 2008). Another viewpoint is that inequality can be outweighed if living standards are increasing due to a capitalist system (Shaw, 2008). This is a subjective viewpoint which is both difficult to measure and more favored by people who are advantaged and happy with their current economic situation (Shaw, 2008). Recent events have illustrated that the global financial crisis may have been caused by the move away from Keynesian economics in 1979 to a free operation of the market (Sumo, 2009). This meant that government intervention was kept minimal during this time. In an attempt to rescue economies and prevent complete market allure, governments have resorted to large fiscal stimulus plans. Sumo (2009) states that governments, such the United States of America, have had fiscal stimuli as large as $878 billion in an attempt to rescue the economy. This example illustrates that government intervention may be needed to create efficiency in an economy. As discussed throughout this paper, the utilitarian argument for capitalism states that the greatest good for the greatest number of people will be achieved through the concept of an invisible hand leading the market to social efficiency and equilibrium.
Thursday, April 16, 2020
Sample Act Essay Questions - Improves Your Marks
Sample Act Essay Questions - Improves Your MarksIf you are a struggling college student, take heart: sample act essay questions can be used to help you with your test. It is always better to do some practice before you actually take the exam. Take for example the mathematics or English exams. Many students take practice exams before the actual test.There are also some companies that provide very good practice exams. There are even companies that take practice tests from students before they take the actual test. These kinds of studies can really help you in your exam preparation.You can join a study group that meets once a week and you get feedback from other students on what kind of question would best fit your profile. These groups are usually based around a theme. Some topics are like 'partnership building', 'quick tips'lack of confidence'.So joining such a group will allow you to practice exam questions by yourself. Not only this but you can get lots of tips and strategies to imp rove your score.You can also study for the law exams by taking some practice law questions. This method is a bit more tedious and you will have to spend a lot of time, but it is certainly a faster way to get prepared.You can also try one of the popular methodologies of practicing for the law school exam. By reading material on the Internet and following closely the questions that appear on the exam.Try to analyze the 'hard questions' on the test. Look for patterns that might make it easier to answer or questions that you already know how to answer. Study your classmates' answers to also know if you should follow the same pattern or not.If you are serious about improving your grade and becoming a better student, then a lot of time and effort is required to get your hands on sample act essay questions. In case you do not have the time or the money to do so, then you can take help from online study guides. These guides will contain all the sample exam questions and answers.
Tuesday, April 14, 2020
Kirby Haizlip Midterm Thesis Essays - British Films,
Kirby HaizlipMidterm Thesis December 16, 1998English 10Mr Siuda The subject of people encountering ideas and objects that are alien is a common theme in many modern works of literature, including CS Lewis' Out of the Silent Planet and Ray Bradbury's classic novel Fahrenheit 451. Although there are different types of alien encounters, both of these books center around one or two pivotal encounters which changes a person's perception of life forever. In Ray Bradburys' classic novel of an alternate future filled with censorship and shallowness, the average life of a firefighter named Montag is turned upside down by two encounters with people who refuse to go along with the rules of a censorship-ridden society. The first of these encounters is with a young girl named Clarisse, who always asks questions of Montag which force him to really consider life. The second of these encounters is with an old woman who strikes the match which incinerates her house, killing her and destroying all her outlawed books. As a firefighter of the alternate future, Montags' job is to set fire to houses in which people save books of literature, instead of preventing and stopping fires in houses. The reason that the firefighters' don't have to prevent fires is the fact that all houses have long since been fireproofed. The government has commissioned a new breed of firefighters to eradicate all literature, which may make people start thinking about their lives. Until Montags' encounter with Clarisse, he has never questioned anything, not his life, and not his job. However, he can't help it after Clarisse asks him questions such as what the meaning of life is and why. The free actions and thoughts of Clarisse also mystify Montag, such as when she stands in the rain, catching it in her mouth. This simple action on Clarisses' part shatters any illusions Montag has about the pleasures of life. The second encounter which shatters Montag's disillusions and makes him start thinking is with an old woman whose house has been reported as containing works of literature. The firemen move through the house, spraying everything with kerosene, until they find the old woman, who appears to be crazy. Frightened, they quickly retreat outside, watching the house for any movement. The old woman then steps out onto the porch and is given a choice by Beatty, the chief: either step out of the house or be burned with her books. The old woman, as a response, strikes a match and throws it into the house, causing the house to burst into flame, instantly killing her. Because of these two encounters, Montag's life is forever changed. He goes on the run, killing Beatty, burning down his own house, and planting books in the house of a fellow firefighter and calling in an alarm so his house will be burned. After making his escape by floating down a river, Montag joins a band of rebels who are planning to gradually reintroduce society to literature. In CS Lewis' novel Out of the Silent Planet, a Doctor by the name of Ransom is abducted by two scientists and taken on a great journey to a planet far away from Earth. After arriving on this planet and helping his captor's to set up their camp, Ransom makes his attempt at escape, running from the captors and their allies, who are native to the planet. After running as long as he can, collapsing to sleep, and walking slowly on again, Ransom collapses once again near a body of water, from which a mysterious creature emerges a short time later, frightening Ransom. "Then he saw eyes and mouth-a puffing mouth bearded with bubbles."(pg54) However, Ransom soon realizes the creature means no harm, and is trying earnestly to communicate with him through hand signals and the native language. "The creature ... opened it's mouth and began to make noises. "(pg 550After making small steps in understanding the language of the natives, Ransom is taken by the strange creature( called a hrossa) to a b oat, in which they go on a long journey to the community of Ransoms alien host( named Hyoi). Hyoi and Ransom then go on a hunting expedition for the tribe of Hyoi. While on this
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