An Occurrence at Owl Creek Essay Example | Topics and Well Written Essays - 750 words

An Occurrence at Owl Creek - Essay Example Hence, with the exemption of past time, time itself is a matter that is not real but is just perceived, with surprising and dramatic effects, to convey a conclusion. This essay will discuss the aspect of time in Ambrose Bierce’s writing, An Occurrence at Owl Creek. An Occurrence at Owl Creek refers to a short story written by Ambrose Bierce, an American author. The tale, set during the Civil war, is identified for its irregular time sequence, as well as a twisting ending (Bierce, 1948). The book is Bierce’s most anthologized writing. An Occurrence at Owl Creek, according to critics, is a richly devised explanation on the fluid of time during the civil war. The book’s structure, which shifts from the current to the past to what is portrayed to be the anticipated present, mirrors this fluidity along with the tension that which exists between competing notions of time. The second section, in the writing, interrupts what, at first, seems to be the ongoing flow of the execution happening in the present moment. Farquhar, posed on the edge of the bridge, closes his eyes as an indication of slipping into his own edition of reality (Bierce, 1948). Farquhar’s reality is one that is unburdened by numerous responsibilities to the law of time. As the minutes/ticking of Farquhar’s watch slows and more time elapses between the strokes, he moves into a timeless reality. When Farquhar pictures himself falling into the water, the author compares him to a "vast pendulum" immaterial, as well as spinning madly out of control. At this instance, Farquhar moves into a transitional space, which is neither death nor life, but a ghostly realization in a globe with its own regulations (Bierce, 1948). In the brief window of time between Farquhar’s actual death time and the officer stepping of the plank, time slows and changes in order to accommodate a comforting view of the subject’s safe return to his family. In spite of Farquhar’s m anipulation of time, he however, cannot escape realm. Whether Farquhar days are prolonged or just a few moments, death ultimately claims him (Bierce, 1948). Trying to blend time to his personal will is meaningless. One of the most remarkable elements in the book is Bierce’s sensible rendering of Farquhar’s alternating conception of time. The author’s suggestion of time is that the nature of time is, to some level, subjective (Bierce, 1948). Time, according to the author, is even more disorienting since it turns out that all of the long accounts, as well as events, which should have taken a lot of time happen within the marvel of a thought, took a short moment in time. Also, some of the themes discussed in Ambrose Bierce’s writing are as discussed earlier the fluid nature of time and the blurred line between illusion and reality. Some of the significant quotes are discussed below: 1. â€Å"As these thoughts, which have here to be set down in words, were f lashed into the doomed man’s brain rather than evolved from it the captain nodded to the sergeant. The sergeant stepped aside.† This line appears at the end of the first part of the story, right before Farquhar falls into his death and shows a significant turning point in the story (Bierce, 1948). The execution itself resumes in the third part of the story where Bierce gives details concerning Farquhar’s past. Following this flashback, in the second part, the writing comes back, not in truth, but in fantasy. 2. â€Å"

Oliver Twist by Charles Dickens and Brick Lane by Monica Ali Essay Example for Free

Oliver Twist by Charles Dickens and Brick Lane by Monica Ali Essay Having read both Oliver Twist by Charles Dickens and Brick Lane by Monica Ali, I am going to concentrate the city question on Brick Lane. Brick Lane tells the story of Nazneen, an eighteen year old moved to London from her rural upbringing in Bangladesh to Tower Hamlets, a close tight community of Bengali families living in blocks of flats struggling to make their way up in the city to earn sufficient money and a civilised upbringing for their children, yet still yearning to go back to their home land. Nazneen is married to Chanu, twenty years older than her, he is educated yet earns his money working as a taxi driver. This novel has clear descriptions of city life, the diversity of the people within and how Nazneen interprets the city from her point of view. There are many ways in which the material conditions of the city are described in this novel, the different areas of the city of London are described from the block of flats where Nazneen lives to the big office blocks in the city centre. City life in this novel begins with Nazneen describing the Tattoo lady who lives in the block of flats opposite her, from here we become familiar with the lack of space and understand the very little room they have in the urban areas of London Most of the flats that closed three sides of a square had net curtains and the life behind them was all shapes and shadows. But the tattoo lady had no curtains at all. Morning and afternoon she sat with her thighs spilling over the sides of her chair. By reading this, it is already forming an idea of the main settings of the novel which are the block of flats, very cramped and close, very little sense of privacy. We also get an idea of the type of people living around the area as well, the tattoo lady is frequently mentioned in the novel, informing us that at least two thirds of the flesh on show was covered in ink. Another material condition of the city we come across in this novel is when Nazneen actually considers visiting the tattoo lady at the flat opposite hers, however such is city life that Nazneen reconsiders this The tattoo lady might be angry at an unwanted interruption. Although this is not an actual object described in the city, from Nazneens thought we get an idea of the type of people she would come across whilst living in the city, it forms the surroundings of the narrative by mentioning Nazneens neighbours. Monica Ali also describes the smell of the surroundings where Nazneen lives The breeze on Nazneens face was thick with the smell from the overflowing communal bins. This material condition most definitely helps to form the surroundings of the novel shaping the condition of the area where Nazneen lives. Although Monica Ali has focused on forming the surroundings of the city where Nazneen lives with the smell and the neighbours, she has also formed the novel with the material conditions of inside the flat where Nazneen lives, in the novel Nazneen spends most of her time inside the flat to sit day after day inside this large box with the furniture to dust, and the muffled sound of private lives sealed away above, below and around her. By giving brief descriptions like this it shapes the scene of the narrative from the beginning of the novel, we are informed of the furniture inside the flat, Nazneen mentions that she has never seen more furniture inside one room, with all this, we are already shaping the narrative with the material conditions inside of Nazneens flat. Whilst living in the city, Nazneen mentions outdoor surroundings quite often, although she spends most of her time inside her flat or at Razias, whenever Nazneen has gone outside the boundaries of her area, we as the are given more description of the actual city conditions There were more cars than people out here; a roaring metal army tearing up the town. By describing the cars as an army tearing up the town, we can immediately shape the city life of the narrative with the pollution and the noise of the cars. We can imagine the dirt and the hustle of the city. The people who passed walked, looked ahead at nothing or looked down at the pavement to negotiate puddles, litter and excrement. This was the material conditions of the city life which helped form the narrative, which helped give the reader an idea of the city life and scenes to which we can imagine Nazneen and her husband walking across. The social life in this novel also helps to form the material conditions of city life and the novel, Nazneens social life throughout the novel consisted of Mrs Islam and Razia gossiping about fellow women, she would often visit Razia at her flat, whilst going to Razias flat we are given descriptions of the surroundings within Nazneens boundary of her estate, we are informed of the group of young Bengali men who stood in the bottom of the stairwell, combing their hair and smoking or making loud, sudden hoots this was the social life the young men had in the city, they would hang around in gangs not achieving much, Nazneen stayed within her boundaries as well, so it gives the reader an impression that social life within a city should be kept in the boundaries that you live in, like a safety barrier. We are also informed of the material conditions of the corridors and stairwells where Nazneen lives, the front doors are mentioned to be the same across the corridors peeling red paint show ing splinters of pale wood, a rectangular panel of glass with wire meshing suspended inside, gold rimmed keyholes and stern black knockers. On the wall someone had drawn a pair of buttocks in thick black pen this helps the reader to form a picture in their minds of the state of city life where Nazneen lives, The stairs gave off a tang of urine Although Nazneen is told to stay within the boundaries of the estate because if she went out people would talk and gossip about her, Nazneen did go out. This was when she got lost, and we as the readers gained more knowledge of the material conditions of city life which formed the narrative, we are told that to get to the other side of the street without being hit by a car was like walking out in the monsoon and hoping to dodge the raindrops. Immediately we can imagine the fast movement of the city, cars going past like buzzing bees, to cross the road, Nazneen waited next to a woman and stepped out with her, like a calf with its mother short descriptions like this form the material conditions of the city life in this novel so skilfully. Throughout the novel, we are not only informed of the material conditions of the city where Nazneen lives or around the area of Bethnal Green, we are also informed of the streets buildings past Brick Lane. She looked up at a building as she passed. It was constructed almost entirely of glass, with a few thin rivets of steel holding it together. The building was without end, above somewhere it crushed the clouds. The material conditions mentioned here are most entirely opposite to the towers described of Tower Hamlets. Although both scenes have very large buildings, the towers in the city centre are described as palaces, with entrances and colonnades across the front this was the diversity of the material conditions of city life which helped form the narrative, because the reader is informed that the city is not the same throughout, every area has its own distinctive features, some parts of the city are very well looked after whereas others such as where Nazneen lives are forgotten ab out. The material conditions of city life in the novel are mentioned to the reader in many ways, we are told of the people that Nazneen walks past when she goes to the city centre every back she saw, was on a private, urgent mission to execute a precise and demanding plan. They could not see her anymore than she could see God from this, we acknowledge the independency of the people in the city. Soon Nazneen realises that she does not fit in with these working people, they are dressed smart, they have coats and handbags whereas Nazneen has a cardigan and a sari, although Nazneen was dressed differently, only one woman noticed she was there and smiled at her. By giving details such as this, Monica Ali has formed and shaped the narrative according to city life, every person with its own mission. So far, throughout the novel, only roads and streets, people and buildings have been mentioned. However when Nazneen does come across some greenery, she says in this city, a bit of grass was something to be guarded, fenced about, as if there were a sprinkling of emeralds sown in among the blades. This, yet again is another material condition of city life, although it is not unpleasant like the conditions in Nazneens area, green grass has not yet been mentioned up until now, and when it has the grass is guarded with fence, so from this, we can imagine the very few places in the city to relax and enjoy the scenery. We also get the indication that in this novel, for Nazneen there is no place for her to get away from everything, the city would not pause even to shrug. Throughout the novel, the descriptions of the city and the buildings given to us by Nazneen have been described just as Nazneen saw them, however, later on in the novel, when Nazneens son becomes ill, whilst in the ambulance van, and with her fear for her son, she mentions The city shattered. Everything was in pieces. She knew it straight away, glimpsed it from the painful white insides of the ambulance. Just as Nazneens heart shattered in pieces, the city did too with her, so she is relating the material conditions of the city with her emotions and giving the reader an image of doom and gloom within the city. Although the material conditions described to us previously in the novel have been mostly doom and gloom anyway, Nazneen has only just implied the greyness and dullness of it along with her emotions. Frantic neon signs. Headlights chasing the dark. An office block, cracked with light. These shards of the broken city. Up until now the city was not mentioned as broken, it was just described as how Nazneen saw it, but now, we get the real image of the city, the material conditions which helped form the narrative The crystal towers and red bricked tombs. The bare-legged girls shivering at the bus stop. Up until now, Nazneen had simply described the different dress code of non Asian females, now that she saw they were at the bus stop bare legged in the early hours of the morning, Nazneen is ridiculed by them, she talks about them along with the broken city. She is giving the reader material conditions of the city which make it so grim. The well fed dogs and bloated pigeons. This is something Nazneen would never see in her homeland Bangladesh, dogs are of no importance and pigeons always a pest. So now, we get to witness Nazneens interpretations of the material conditions of the city life, how she feels it is all wrong compared to h er land. The cars that had screamed alongside the ambulance, urging it on, parting in waves. The cars that had previously been described as an army now screaming, this clearly shows the rage within Nazneen and the material city conditions which she so hates. Throughout the novel, London is not the only city mentioned, with Nazneens sister living in the city in Bangladesh, Dhaka, she often receives letters from Hasina talking about her home, and the surroundings Street is wide and nice. But plastic bag blowing everywhere. Walk in street for five ten minute and by finish you cover in bag on legs and arm and stomach. From this we realise, that city conditions throughout the world are the same. The little things which give the city its status, the material conditions such as bags on the floor is what makes living in a city so different to other places. A wind blew in over the courtyard and fetched up a crisp packet at her feet. Nazneen although she was in a different country to her sister, they were both in the same situation, both living in a city with material conditions such as rubbish on the pavements and non stopping people. To conclude, the material conditions of city life in Brick Lane are mentioned with such metaphors and descriptions which inform the narrative of the surroundings, the people, the scenery and the atmosphere within. The buildings described in so many ways, the smallest details found on the floors to the stairwells of the block of flats.

The legal capacity

The legal capacity CAPACITY TO CONTRACT Legal capacity is defined as the power provided under law to a natural person or juridical person to enter into binding contracts, and to sue and be sued in its own name. In order to be bound by a contract, a person must have the legal ability to form a contract in the first place. This legal ability is called capacity to contract. Both parties in a contract must have the necessary mental capacity to understand what they are doing. Under common law anyone has the right to enter into a contract, except for minors, people with mental disability and also people who are under the influence of drugs or alcohol. For a person to avoid a contract on the ground of their incapacity, they must also show that they lacked capacity to enter into a contract and that the other party knew or ought to have known their incapacity. A person who is unable, due to age or mental impairment, to understand what she is doing when she signs a contract may lack capacity to contract. For example, a person under legal guardianship due to a mental defect completely lacks the capacity to contract. Any contract signed by that person is void. In other situations, a person may not completely lack the capacity to contract. The contract would then be voidable at the option of the party claiming incapacity, if he or she is able to prove the incapacity. INFANCY The term infant differ from the term minor. In most cases, legal contracts are voidable if one of the contracting party is a minor. The law states that an infant is not bound by the contracts he or she enters into except for the purchase of necessaries and for useful contracts of service, that is they would have to pay for the necessary goods and services that they consume. However, it is stated in the British Columbia Infants Act (RSBC 1996 c.223) that all contracts cannot be implemented against an infant, regardless of whether it includes necessities and beneficial contracts of service. If there is a contract between an adult and an infant, adults are bound but infants can break away from the contract at their option, which means that the contract is voidable. The infants may endorse a contract once they have reached a maturity age. In the case of executed contract, the infant cannot avoid debt if they have obtained advantages under the contract, except if what they obtained has no value. Any one of the party can apply to the court upon the termination of contract. MINORS A minor generally cannot form an enforceable contract. A contract entered into by a minor may be canceled by the minor or by his or her guardian. After reaching the age of majority (18 in most states), a person still has a reasonable period of time to cancel a contract entered into as a minor. If, however, he or she does not cancel the contract within a reasonable period of time, the contract will be considered ratified, making it binding and enforceable. If you intend to enter into a contract with a person who is under the age of 18 years it is essential that you give that person the opportunity to consult with a suitable adult about their rights and responsibilities before concluding the deal. This will make it less likely for a dispute to arise about their capacity.A young person is generally bound to a contract for necessaries which includes food, medicine and clothing. Contracts for necessaries can also include contracts for education or employment. However, some other contract s will not be binding on a young person, including contracts for goods or services which are not necessaries and credit contracts. Based on the case study, John has the age capacity to enter into a contract as he is an adult. He was walking alone around SOGO Shopping Complex to do some window shopping. His age has got to be above 18 years old. This is because he is working, and this is illustrated in the sentence as I was very busy with my work, I only managed to go to the shop a week later. Case example: Nash v. Inman [1908] 2 KB 1 The defendant, a minor, purchased a number of waistcoats from the plaintiff. The issue was whether they were necessaries. The court held that the waistcoats were not necessaries as the minor had an adequate supply at the time of sale. It was held that two conditions had to be met before goods or services would be regarded as necessaries. First, the goods or services had to be suitable to the condition in life of the minor (e.g. a minor accustomed to living a life of luxury will have a different condition in life from a minor living in impoverished circumstances). Whether this was the case would depend on the type of lifestyle the minor in question was accustomed to leading. Second, the goods or services had to be suitable to the minors actual requirements at the time of supply. If the minor had an adequate supply of the relevant goods from another source, this requirement would not be satisfied. MENTAL DISABILITY In 1954 the High Court dealt with the issue of a persons soundness of mind when involved in contractual dealings. The court held that it requires, in relation to each particular matter or piece of business transacted, that each party shall have such soundness of mind as to be capable of understanding the general nature of what he is doing by his participation (Gibbons v. Wright (1954) 91 CLR 423).It follows that if a person is so drunk, mentally ill or senile that they have no idea that they are involving themselves in a contract, they will lack the necessary contractual capacity. If however, their mind is affected by their problem, but they are nevertheless aware that they are involving themselves in a contract, the capacity to contract will probably exist unless the other party deliberately takes advantage of their weakness. (This is linked to the way in which the common law and equity deal with unconscionable conduct where a person takes advantage of a person with a disability). Contracts with intellectually impaired persons is void. Similarly, contracts with involuntary mental patients is void. Some types of mental disability may be sufficient to allow a person to repudiate a contract in certain circumstances. Generally, the law is concerned with the lack of capacity arising from mental disability. For example, people who have schizophrenia may have delusions, but if they can manage their own daily and business affairs and look after their personal finances, they may have the capacity to enter into contracts. The mentally disabled persons that the law protects are those who are unable to manage their own affairs or are unable to appreciate the nature and consequences of their actions. Provincial legislation provides that a person can be declared to be unable to manage his or her affairs. If there has been such a judicial finding, contracts made after the judicial finding are void on the grounds that there is a lack of capacity to consent to the provisions of a contract. Contracts made prior to the finding may be voidable. However, if a person lacks capacity because he or she is unable to handle his or her affairs, but there has been no judicial finding, the contracts made are voidable at the option of the person who is mentally disabled. If the contracts are not repudiated, they are presumed to be enforceable. Case example: York Glass Co. Ltd v. Jubb [1925] All ER Rep 285 Jubb contracted to purchase the plaintiffs company business. On the date of contracting, he was technically insane and shortly thereafter was placed in a lunatic asylum. The receiver of his estate, who was appointed under a lunacy statute, repudiated the contract. The plaintiff company sued for damages, alleging the repudiation was wrongful. The court held that a contract entered by someone of unsound mind is valid unless the impaired person can show that the other party was aware, at the time of contracting, that the impaired person was so insane that he was incapable of understanding what he was doing. In this case, there was no evidence to show that the plaintiff company knew or suspected that Jubb had been insane at the point of contracting. The contract was valid and Jubbs estate had to pay damages for not performing the contract. UNDER THE INFLUENCE OF DRUGS OR ALCOHOL If a person signs a contract while drunk or under the influence of drugs, can that contract be enforced? Courts are usually not very sympathetic to people who claim they were intoxicated when they signed a contract. Generally a court will only allow the contract to be avoided if the other party to the contract knew about the intoxication and took advantage of the intoxicated person, or if the person was somehow involuntarily intoxicated (e.g. someone spiked the punch). The law will intervene in some circumstances where someone who is intoxicated enters into an agreement. Intoxication alone is not sufficient, but it can be a defence to enforcement by the sober party, and the intoxicated party may void the contract on the basis of his or her own intoxication in the following circumstances, that is firstly, the intoxicated party, because of the intoxication, did not know what he or she was doing. Secondly, the sober party was aware of the intoxicated state of the other party. Thirdly, u pon becoming sober, the intoxicated party moved promptly to repudiate the contract. The basis for this approach is not that one party is drunk but that the other party might defraud the drunkard. Thus, even where the sober party is not aware of the intoxicated state of the other party, if there is evidence of intoxication so that it may be presumed, the unfairness or one-sidedness of a contract might result in its being voided. This view moves the law toward a position that an unconscionable agreement permits the court to presume that the sober party had knowledge of the intoxication of the other party once there is evidence of intoxication. Based on the case study, when John bargained for the 6 seater dining set, he was not under the influence of alcohol or drugs. He was well aware of the bargain and he realised that he has entered into an agreement with Comfortable Furniture Sdn Bhd. Case example: Matthews v. Baxter (1873) LR 8 Exch 132 Baxter, while drunk, agreed at an auction to purchase a property. Once sobriety returned he decided that he wished to affirm the contract that had been made by him while drunk. Sometime later he had a change of mind and he sought to rescind the contract, arguing that he lacked capacity to enter the contract by reason of intoxication. The court held that because Baxter had confirmed the contract it was no longer open to him to avoid the contract on the grounds of intoxication. This was despite the fact that he had made out the necessary element of this defence. BANKRUPTCY Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors. These individuals would not be able to pay their debts and lose their status as creditworthy. Most states differ on the means whereby their outstanding liabilities can be treated as discharged and on the precise extent of the limits that are placed on their capacities during this time. However, they are returned to full capacity after discharge. In the United States, some states have spendthrift laws where an irresponsible spender is claimed to lack the capacity to enter into contracts. Based on the case study, Comfortable Furniture Sdn Bhd has the business capacity to operate its business. This is because the company is not facing bankruptcy. Therefore, the company has the capacity to enter into a contract or agreement with John. SIGNIFICANCE WHY CONTRACTING PARTIES REQUIRE LEGAL CAPACITY TO ENTER INTO LEGALLY BINDING CONTRACT Not everyone is legally entitled to enter into contracts. Some persons, by their status, are presumed not to have the ability to enter into contracts or have limited rights to contract. Prevention of fraud provides for formality requirements and the protection of persons who lack full capacity to enter into contracts. If there is no capacity, the incapacity party would become vulnerable and weak. If one party lacks the intellectual capacity to protect himself or herself, then the other party may act dishonestly during the bargaining process or takes advantage of a position of trust, or if the other party has expert knowledge of the subject matter of the contract that the weaker party cannot have and takes unfair advantage of that knowledge. Besides that, without capacity, the contract would be void. A contract is void when it involves minors. This type of contract will have no effect as it is not recognised by the court and parliament. Therefore, if there is no capacity, the contract would not be enforceable. The purpose here is to protect the weaker party from the stronger and more able party. This class of persons who lack or have limited capacity to contract include minor and persons under mental disability. The general rule is that minors may not enter into contracts. The reason for this rule is that minors are presumed to be naive, inexperienced, and easily taken advantage of. So, some protection is required to avoid them from being cheated. The law also interferes in circumstances where someone who is intoxicated enters into an agreement. The basis for this approach is not that one party is drunk but that the other party might defraud the drunkard. The contract may not be legal if there is no capacity. If there is no capacity, people with mental disability, minors, and also those who are under the influence of alcohol or drugs would be allowed to enter into contracts. The people who have mental disability and under the influence of drugs or alcohol do not have the mental capacity to enter into contracts. They are unable to think well and they are not able to make a wise decision. So, if there is no capacity, the contract will lose its validity. Case example: Mercantile Union Guarantee Corporation v Ball (1937) An infant haulage contractor who took a lorry on hire-purchase was held not liable for arrears of installments. Case example: Cowern v Nield (1912) It was held that a minor who was a hay and straw merchant was not liable to repay the price of the goods which he failed to deliver. Case example: Doyle v White City Stadium (1935) An infant boxer was held bound by a clause in his contract which provided for forfeiture of his prize money (as happened) he was disqualified. The contract as a whole was similar to apprenticeship. Case example: Valentini v Canali (1889) A minor leased a house and agreed to buy some furniture, paying part of the price. After several months the minor left, and avoided the contract as he was entitled to do. He could not recover the payments which he made for the furniture, however, because he had received some benefit from the contract. Case example: Leslie Ltd v Sheill A minor who lied about his age to obtain a loan could only be forced to return the cash he borrowed.Sheill failed to repay two cash loans he had obtained by falsely claiming to be an adult. The contract was not enforceable (not for necessaries) so the lender asked for restitution of the money on other grounds, including that Sheill had committed the tort of deceit (fraudulent misrepresentation). The English Court of the Kings Bench held that Sheill could not be sued for deceit because that would make a minor indirectly liable for an unenforceable contract. The court could only order restitution if the lender could prove Sheill still possessed the actual notes and coins he had borrowed. Case example: Roberts v Gray (1919) Roberts agreed to take Gray, a minor, on a billiard tour to instruct him in the profession of billiard player. Gray repudiated the contract. The court held that Roberts could recover damages despite the fact that the contract was executory. Case example: Scarborough v Sturzaker A bicycle was a necessary because the minor had only one and used it to travel to work. Sturzaker, a minor, cycled 19 kilometres to work each day. He traded in his old bicycle to Scarborough and made a part payment on a new one. Sturzaker repudiated the contract and refused topay the outstanding amount. The Tasmanian Court held that the bike was a necessary. Therefore, the contract was enforceable and Sturzaker had to pay the money owing. Case example: Hart v OConnor The Privy Council said in Hart v. OConnor(1985) that an insane person who appears sane can rely on the independent and separate ground of unconscionability which relieves abnormal mental weaknesses even short of incapacity. Undue influence may also apply. Case example: Peters v Fleming (1840) Held an expensive gold watch chain was a necessary for a rich young man. Point of law being that it depends on the status of the minor as to whether a luxurious item is deemed a necessary. Case example: Chaplin v Leslie Frewin (1966) Contract was made to write the autobiography of Charlie Chaplin held as binding as it allowed a minor to start to earn a living as an author.However if on the whole a contract is unreasonable, oppressive and not beneficial then it will not be binding. Case example: De Francesco v Barnum (1890) A girl of fourteen was apprenticed to D for seven years in order to learn to dance. D was not obliged to maintain her, nor did he have to pay her unless he found engagements for her. Even when engagements were found, the rate of pay was very low. She could not obtain engagements for herself, nor was she allowed to marry, during the seven years. It was held that the contract was not binding upon the girl, as it was unreasonable, oppressive and not beneficial to her. Point of law is as above. Case example: Gore v Gibson Advanced the view that a contract for necessaries supplied to a drunk could not be maintained if upon sobriety the contract was repudiated. Case example: Hawkins v Bone The action for breach of contract was brought by the vendor of land which was knocked down to the defendant at an action. The defendant purchaser pleaded in defence of his drunkenness but did not allege that the vendor or auctioneer knew of this condition. Pollock C.B., in directing the jury said the plaintiff was entitled to the verdict: unless the defendant was in the state he describes himself to have been, that is wholly incapable of any reflective or deliberate act, so that, in fact, he was utterly unconscious of the nature of the acts he did, for example, having signed the contract and paid his money. Case example: McLaughlin v Daily Telegraph Ltd Holds that a power of attorney executed by a person while insane is void even in respect of actions that take place when the grantor has recovered his sanity; the actions that take place under the guise of the power of attorney are of no effect. Likewise, it is of no consequence that third parties act on the foot of the deed. If, however, the power of attorney enables the lunatic and his dependants to benefit from obtaining a supply of necessaries, an account may be ordered in relation thereto even though the power of attorney itself is void. For the deed to be void, however, it must be shown that the signature is a mere mechanical act and the mind of the signor must not accompany the act. Case example: Cf. Imperial Loan Co. v. Stone [1892] the rule had in modern times been relaxed, and unsoundness of mind would now be a good defence to an action upon a contract, if it could be shown that the defendant was not of the capacity to contract and the plaintiff knew it. Case example: Seaver v. Phelps which was trover for a promissory note, pledged by the plaintiff while insane, to the defendant, the Court were, on behalf of the latter, requested to charge, that although the plaintiff might have been insane at the time of making the contract, yet that if the defendant were not apprised of that fact, or had no reason, from the conduct of the plaintiff or from any other source 380 was held entitled to a decree of foreclosure. It seems equally clear that he is not liable when the other to suspect it, and did not overreach or impose upon him, or practice any fraud or unfairness, the contract could not be annulled. Case example: Beals v. See. it was held that the administrator of a lunatic could not, in the absence of fraud or knowledge of his state of mind, or such conduct on the part of the lunatic from which his disease might fairly be inferred or suspected, recover back the price of merchandise sold to him, even though it was unsuited to the object for which it was purchased, and above market price.

Process of Photosynthesis Essay -- essays research papers

Photosynthesis is the process by which organisms that contain the pigment chlorophyll convert light energy into chemical energy which can be stored in the molecular bonds of organic molecules. Photosynthesis powers almost all trophic chains and food webs on the Earth. The net process of photosynthesis is described by the following equation: 6CO2 + 6H2O + Light Energy = C6H12O6 + 6O2 This equation simply means that carbon dioxide from the air and water combine in the presence of sunlight to form sugars, oxygen is released as a by-product of this reaction. Photosynthesis begins when light strikes Photosystem I pigments and excites their electrons. The energy passes rapidly from molecule to molecule until it reaches a special chlorophyll molecule called P700, so named because it absorbs light in the red region of the spectrum at wavelengths of 700 nanometers. Until this point, only energy has moved from molecule to molecule, now electrons themselves transfer between molecules. P700 uses the energy of the excited electrons to boost its own electrons to an energy level that enables an adjoining electron acceptor molecule to capture them. The electrons are then passed down a chain of carrier molecules, called an electron transport chain. The electrons are passed from one carrier molecule to another in a downhill direction, like individuals in a bucket brigade passing water from the top of a hill to the bottom. Each electron carrier is at a lower energy level than the one before it, and the result is that electrons release energy as they move down the chain. At the end of the electron transport chain lies the molecule nicotine adenine dinucleotide (NADP+). Using the energy released by the flow of electrons, two electr... ...he molecular bonds that are broken. Glucose: C6H12O6 Respiration is the opposite of photosynthesis, and is described by the equation: C6H12O6+6O2 ----------> 6CO2+6H2O+36ATP Simply stated, this equation means that oxygen combines with sugars to break molecular bonds, releasing the energy (in the form of ATP) contained in those bonds. In addition to the energy released, the products of the reaction are carbon dioxide and water. In eukaryotic cells, cellular respiration begins with the products of glycolysis being transported into the mitochondria. A series of metabolic pathways (the Krebs cycle and others) in the mitochondria result in the further breaking of chemical bonds and the liberation of ATP. CO2 and H2O are end products of these reactions. The theoretical maximum yield of cellular respiration is 36 ATP per molecule of glucose metabolized.

Organizational Behavior Research Study Design Essay

This research question was chosen due to the proximity and significance of the results to our lives as university students under constant stress. Student stress factors include, but are not limited to: living on a budget, living away from family (international students predominantly), time issues relating studying and/or working, culture shock, adapting to a new country, climate, people. It may be particularly relevant to identify the role of extroversion in dealing with stress, for students may so take it as a way to reduce stress if extroversion proves to be effective. Even more so, if through the questionnaires a positive correlation between individualism and stress is observed, extroversion may serve as a coping method with stress, as it is expected that extroverts rely on people to feel good; if introverts rely solely on themselves to cope with stress, factors such as emotional stability (brain or personality anomalies or disorders) may play a crucial role in determining whether or not there is the possibility for individualism to exacerbate stress. The model below expresses the relationship between the variables. The independent variable is the individualism factor of cultures. The dependent variable is the stress factor The third variable is extroversion, which acts as a mediator in theoretically reducing stress in students from individualistic cultures.? Hypotheses Hypothesis: Extroversion has a positive correlation in the reduction of stress in students from individualistic cultures. Hypothesis 2: Introversion has a negative correlation in the reduction of stress in students from individualistic cultures. Hypothesis H0 = Extroversion plays no role in reducing stress in students from individualistic cultures. Methodoogy Design The survey sample method was the preferred of data collection is through questionnaires due to the convenience and readiness through which results can be attained. Each questionnaire is a personal and confidential paper with only the student’s answers and nationality; only questionnaires with students from countries with individualism levels higher than 65 (according to the Hofstede scale) will be considered. The first questionnaire will be designed with the finality to discern between extroverts and introverts; it will consist of 15 basic questions about the person’s life setting, measuring their level of sociability and privacy. Later, they will be provided with a second questionnaire about the level of and how often they experience stress or positive moods, and will be measured by 20 questions about their life style and perception. These questionnaires will provide an overview of the level of stress experienced by extroverts and introverts. Questionnaires are not only cheap to administer, they also provide of insight on symptoms and emotions and the quantitative analysis thereof; however, the social desirability bias may jeopardize the objectivity of some answers, as well as the risk of some sensitive questions triggering specific reactions in students who might shape the answers. Sample questions can be found in Appendix 1. Data analysis Considering the many limitations in this study design proposal, with the potential large number of respondents, it was decided there is no representative sample for the statistical analysis of the questionnaires. The answers of the questionnaires will be translated to SPSS and due to the ordinal nature of the variables will allow for the data to be analysed through crosstabs and represented in bar charts, frequency tables and a scatter plot with a best fitting line. Reasoning and Evidence for Hypothesis Testing It has been inculcated that extroversion may be predictive of and is strongly correlated with, happiness (Costa, McRae & Norris, 1981). Headey, Glowacki, Holmstrom and Wearing (1985) argue this is conciliatory with extroverts experiencing more satisfactory life events with friends or at work. Additionally, previous studies suggested that good mood shows an increase in dopaminergic activity in several areas impinging of emotion and cognition; resulting furthermore, in a greater cerebral capacity to contrive stress. Since stress is as a negative emotional factor and good mood a positive emotional factor, this is supportive evidence that stress and good mood work in an opposing fashion; particularly with the observation that mental effects on the brain are reverse. Considering other studies’ deductions, circumstantial and medical evidence, we are prepared to consider and accept extroversion as a strong indicator of happiness and therefore a mitigator of stress. Happiness is ordinarily perceived as the quality of one’s life, the state of well-being, how much one likes life or, the degree to which one appraises live positively; the liking or positive appraisal of life may be stretched to the point of satisfaction, if high enough. However, the satisfaction with life is a mental state (constant or fleeting), but leaves doubts as to the nature of this mental state. The variance in interpretation and perception of concrete (words) and abstract (emotions) aspects among people is what precludes a conclusive result as to how can extroversion relate to happiness, the relationship between happiness and stress, and ultimately the point at issue that is if and how extroversion reduces stress. If happiness is positively correlated to extroversion and is negatively correlated with stress, we decided that measuring people’s extroversion may provide insight into their level of happiness which will allow us to infer into how efficiently they deal with stress. Putting it into a methodical perspective in accordance with our hypothesis; if a person belongs to an individualistic culture and is an extrovert, we expect them to have lower stress levels than people from the same individualistic cultural background who are not extroverts. This experiment’s design allows us to determine if extroversion does indeed reduce stress by hopefully identifying a pattern, and in case of such pattern, it will allow for grounds to further investigate other factors which may serve as coping mechanism for stress in ntroverts from predominantly individualistic cultures –which makes this theory generalizable, considering environmental factors are known. Hypotheses Testing The hypotheses will be tested through the answering of the questionnaires. Each questionnaire will aim to gauge the level of stress, extroversion (introversion) and happiness of each student. The statistical analysis will assay how these aspects are interrelated and provide an empirical conclusion as to the effect of extroversion in the stress factor of students from individualistic culture. The correlation of the measuring aspects can help determine whether there is a significant positive or negative relationship between the measuring aspects. As stated in the first hypothesis, we expect a positive correlation between extroversion and stress reduction in students from individualistic cultures due to the relating determinant, happiness. Conversely, the alternative hypothesis is to evaluate the degree to which an opposite relationship exists, in the absence of a correlation in the first hypothesis.

Monopoly †economics Essay

In this chapter, look for the answers to these questions: ? Why do monopolies arise? ? Why is MR < P for a monopolist? ? How do monopolies choose their P and Q? ? How do monopolies affect society’s well-being? ? What can the government do about monopolies? ? What is price discrimination? Economics PRINCIPLES OF N. Gregory Mankiw Premium PowerPoint Slides by Ron Cronovich  © 2009 South-Western, a part of Cengage Learning, all rights reserved 1 Introduction ? A monopoly is a firm that is the sole seller of a product without close substitutes. Why Monopolies Arise. The main cause of monopolies is barriers to entry – other firms cannot enter the market. Three sources of barriers to entry: 1. A single firm owns a key resource. E. g. , DeBeers owns most of the world’s diamond mines 2. The govt gives a single firm the exclusive right to produce the good. E. g. , patents, copyright laws 2 ? In this chapter, we study monopoly and contrast it with perfect competition. ? The key difference: A monopoly firm has market power, the ability to influence the market price of the product it sells. A competitive firm has no market power. MONOPOLY MONOPOLY 3 Why Monopolies Arise 3. Natural monopoly: a single firm can produce the entire market Q at lower cost than could several firms. Example: 1000 homes need electricity ATC is lower if one firm services all 1000 homes than if two firms each service 500 homes. MONOPOLY Monopoly vs. Competition: Demand Curves In a competitive market, the market demand curve slopes downward. But the demand curve for any individual firm’s product is horizontal at the market price. The firm can increase Q without lowering P, so MR = P for the competitive firm. 4 Cost Electricity ATC slopes downward due to huge FC and small MC ATC 500 1000 Q P A competitive firm’s demand curve $80 $50 D Q 5 MONOPOLY 1 10/23/2012 Monopoly vs. Competition: Demand Curves A monopolist is the only seller, so it faces the market demand curve. To sell a larger Q, the firm must reduce P. Thus, MR ? P. P ACTIVE LEARNING A monopoly’s revenue Common Grounds is the only seller of cappuccinos in town. The table shows the market demand for cappuccinos. Fill in the missing spaces of the table. Q 0 1 2 3 4 5 6 P $4. 50 4. 00 3. 50 3. 00 2. 50 2. 00 1. 50 7 1 TR AR n. a. MR A monopolist’s demand curve D Q MONOPOLY 6 What is the relation between P and AR? Between P and MR? ACTIVE LEARNING Answers Here, P = AR, same as for a competitive firm. Here, MR < P, whereas MR = P for a competitive firm. Q 0 1 2 3 4 5 6 1 Common Grounds’ D and MR Curves P TR $0 4 7 9 10 10 9 AR n. a. $4. 00 3. 50 3. 00 2. 50 2. 00 1. 50 8 MR $4 3 2 1 0 –1 Q P MR $4 3 2 1 0 –1 $4. 50 4. 00 3. 50 3. 00 2. 50 2. 00 1. 50 0 $4. 50 1 2 3 4 5 6 4. 00 3. 50 3. 00 2. 50 2. 00 1. 50 P, MR $5 4 3 2 1 0 -1 -2 -3 0 1 2 3 Demand curve (P) MR 4 5 6 7 Q 9 MONOPOLY Understanding the Monopolist’s MR ? Increasing Q has two effects on revenue: ? Output effect: higher output raises revenue ? Price effect: lower price reduces revenue ? To sell a larger Q, the monopolist must reduce the price on all the units it sells. Profit-Maximization ? Like a competitive firm, a monopolist maximizes profit by producing the quantity where MR = MC. ? Once the monopolist identifies this quantity, it sets the highest price consumers are willing to pay for that quantity. ? Hence, MR < P ? MR could even be negative if the price effect exceeds the output effect (e. g. , when Common Grounds increases Q from 5 to 6). 10 ? It finds this price from the D curve. MONOPOLY MONOPOLY 11 2 10/23/2012 Profit-Maximization 1. The profitmaximizing Q is where MR = MC. 2. Find P from the demand curve at this Q. Q Costs and Revenue MC The Monopolist’s Profit Costs and Revenue MC ATC P D MR Quantity As with a competitive firm, the monopolist’s profit equals (P – ATC) x Q P ATC D MR Q Quantity Profit-maximizing output MONOPOLY 12 MONOPOLY 13 A Monopoly Does Not Have an S Curve A competitive firm ? takes P as given ? has a supply curve that shows how its Q depends on P. A monopoly firm ? is a â€Å"price-maker,† not a â€Å"price-taker† ? Q does not depend on P; rather, Q and P are jointly determined by MC, MR, and the demand curve. So there is no supply curve for monopoly. MONOPOLY 14 CASE STUDY: Monopoly vs. Generic Drugs Patents on new drugs give a temporary monopoly to the seller. Price The market for a typical drug PM When the patent expires, PC = MC the market becomes competitive, generics appear. QM D MR Quantity QC MONOPOLY 15 The Welfare Cost of Monopoly ? Recall: In a competitive market equilibrium, P = MC and total surplus is maximized. The Welfare Cost of Monopoly Competitive eq’m: quantity = QC P = MC total surplus is maximized Monopoly eq’m: quantity = QM P > MC deadweight loss Price Deadweight MC loss? In the monopoly eq’m, P > MR = MC ? The value to buyers of an additional unit (P) exceeds the cost of the resources needed to produce that unit (MC). ? The monopoly Q is too low – could increase total surplus with a larger Q. ? Thus, monopoly results in a deadweight loss. P P = MC MC D MR QM QC Quantity MONOPOLY 16 MONOPOLY 17 3 10/23/2012 Price Discrimination ? Discrimination: treating people differently based on some characteristic, e. g. race or gender. Perfect Price Discrimination vs. Single Price Monopoly Here, the monopolist charges the same price (PM) to all buyers. A deadweight loss results. Price Consumer surplus Deadweight loss ? Price discrimination: selling the same good at different prices to different buyers. PM MC ? The characteristic used in price discrimination is willingness to pay (WTP): ? A firm can increase profit by charging a higher price to buyers with higher WTP. Monopoly profit D MR QM MONOPOLY 18 Quantity 19 MONOPOLY Perfect Price Discrimination vs. Single Price Monopoly Here, the monopolist produces the competitive quantity, but charges each buyer his or her WTP. This is called perfect price discrimination. The monopolist captures all CS as profit. But there’s no DWL. MONOPOLY Price Discrimination in the Real World ? In the real world, perfect price discrimination is not possible: ? No firm knows every buyer’s WTP ? Buyers do not announce it to sellers Price Monopoly profit ? So, firms divide customers into groups MC D MR Quantity based on some observable trait that is likely related to WTP, such as age. Q 20 MONOPOLY 21 Examples of Price Discrimination Movie tickets Discounts for seniors, students, and people who can attend during weekday afternoons. They are all more likely to have lower WTP than people who pay full price on Friday night. Airline prices Discounts for Saturday-night stayovers help distinguish business travelers, who usually have higher WTP, from more price-sensitive leisure travelers. MONOPOLY 22 Examples of Price Discrimination Discount coupons People who have time to clip and organize coupons are more likely to have lower income and lower WTP than others. Need-based financial aid Low income families have lower WTP for their children’s college education. Schools price-discriminate by offering need-based aid to low income families. MONOPOLY 23 4 10/23/2012 Examples of Price Discrimination Quantity discounts A buyer’s WTP often declines with additional units, so firms charge less per unit for large quantities than small ones. Example: A movie theater charges $4 for a small popcorn and $5 for a large one that’s twice as big. Public Policy Toward Monopolies ? Increasing competition with antitrust laws ? Ban some anticompetitive practices, allow govt to break up monopolies. ? E. g. , Sherman Antitrust Act (1890), Clayton Act (1914) ? Regulation ? Govt agencies set the monopolist’s price. ? For natural monopolies, MC < ATC at all Q, so marginal cost pricing would result in losses. ? If so, regulators might subsidize the monopolist or set P = ATC for zero economic profit. MONOPOLY 24 MONOPOLY 25 Public Policy Toward Monopolies ? Public ownership ? Example: U. S. Postal Service ? Problem: Public ownership is usually less efficient since no profit motive to minimize costs CONCLUSION: The Prevalence of Monopoly ? Doing nothing ? The foregoing policies all have drawbacks, so the best policy may be no policy. ? In the real world, pure monopoly is rare. ? Yet, many firms have market power, due to: ? selling a unique variety of a product ? having a large market share and few significant competitors ? In many such cases, most of the results from this chapter apply, including: ? markup of price over marginal cost ? deadweight loss MONOPOLY 26 MONOPOLY 27 CHAPTER SUMMARY ? A monopoly firm is the sole seller in its market. Monopolies arise due to barriers to entry, including: government-granted monopolies, the control of a key resource, or economies of scale over the entire range of output. CHAPTER SUMMARY ? Monopoly firms maximize profits by producing the quantity where marginal revenue equals marginal cost. But since marginal revenue is less than price, the monopoly price will be greater than marginal cost, leading to a deadweight loss. ? A monopoly firm faces a downward-sloping demand curve for its product. As a result, it must reduce price to sell a larger quantity, which causes marginal revenue to fall below price. 28 ? Monopoly firms (and others with market power) try to raise their profits by charging higher prices to consumers with higher willingness to pay. This practice is called price discrimination. 29 5 10/23/2012 CHAPTER SUMMARY ? Policymakers may respond by regulating monopolies, using antitrust laws to promote competition, or by taking over the monopoly and running it. Due to problems with each of these options, the best option may be to take no action. 30 6.