Monday, January 20, 2020

Questioning the Truth of the News Essay -- Television Newspaper Media

INTRO/PROBLEMS The window to the world can be covered by a newspaper,† this quote by Polish writer Stanislaw Lec sums up the problem with the news media. It is the job of the news media to provide the public with news events happening around the world. Without these news reports, people would be oblivious to what is going on around them. Our lives rest in the media's hands, and they are fully aware of this. The news is a very competitive business, and because of this what gets reported is not necessarily what the story is. Since there are different journalists reporting on the same events, each newspaper and newscast has its own way and style of reporting. They also have different gate keeping processes that make them unique. They may do anything to get the story, no matter whose lives they destroy. Criticizing the news has become increasingly popular recently due to the fact that the media has shifted from a positive to a negative view in the public's eyes. Since every newscast and newspaper is different, the stories that they broadcast to the public may be altered in one way or another. As the quote above illustrates, the news media do not always illustrate the world in the right perspective and can hinder the way people look at it. It seems as though it is the job of the news to report only on negative aspects of the world. Hardly ever does one see anything positive being reported. This throws everybody’s perception off about the world around them. The media influence society’s opinions rather than having people form opinions themselves. Newspapers and newscasts use a process called agenda setting to keep the public thinking about certain issues while avoiding other issues that might be more important. Agenda setting i... ..., D. (2003). So was saving private jessica a sham? Daily Mail (London), 18, 19. 8) N.A. (2004). Pentagon papers. Encarta Encyclopedia. Retrieved on April 14, 2004, from http://encyclopedia.com/html/p/pentp1ap.asp. 9) N.A. (2004). Watergate scandal. Encarta Encyclopedia. Retrieved on April 14, 2004, from http://encyclopedia.com/html/section/Watergat_TheWatergateBreak-in.asp. 10) N.A. (2001). The Pentagon papers. National Press Club. Retrieved on April 14, 2004, from http://www.vva.org/pentagon/history/history.html. 11) Perse, E. (2001). Media effects and society. New Jersey: Lawrence Erlbaum Associates. 12) Priest, D. (2003). Is jessica a war hero? The Vancouver Province, C1. 13) Todorovich, L (1997). Deep throat suspects. The Washington Post. Retrieved on April 14, 2004, from http://www.washingtonpost.com/wp-srv/national/longterm/watergate/deept.htm.

Sunday, January 12, 2020

Online Billing System

Chapter 1 INTRODUCTION Online Bill Payment system helps keep your information organized in a simple and convenient way. We've developed advanced tools that help organize and pay all your bills, whether they're recurring or one-time payments. Now your information can be consolidated in one easily accessible online resource. Learn more below and pay your bills quicker and easier than ever before. 1. 1 Background to Research A wide variety of payment mechanisms as well as related services is currently available. This section provides a summary of the uptake of online payments, and is followed by a brief account of common payment systems.A number of online payment systems have been developed in Europe, especially where offline bank transfers are already well established. The most common and easy to use include: online banking transfers where the account holder is redirected to the bank is Web site by the merchant site to effect payment. Other options are: i) electronic and mobile banking which have more advanced features, for example, schedule payments and ii) EBPP, where instead of having to enter all transaction details manually, these are automatically entered from the electronic bill and the payer only authorises.The EBPP provider (either bank or third party) establishes contracts with the organisations whose bills it can present electronically (e. g. utility companies) and will send in the bills the buyer has authorised. The report concentrates on business-to-consumer online payments rather than on business-to business (B2B) financial transactions. With the success of online auctions person-to-person markets have gained in importance and are also considered. The various offline payment options available for buying on line are not dealt with. 1. 2 Project overviewThis application administrates its users and customers. The system is easy to use with simple knowledge of computer. The applied principles in this system are instinctive and depend on running applicat ion at user interface. The following steps are included in the developing of an application. * Information collection * Design * Coding and assigning * Testing * Applying the application at User end 1. 3 Objectives This project will serve the following objectives:- * Add and maintain records * Add and maintain customer details. * Provides economic/financial reports to the owner monthly or weekly and yearly. Provides a convenient solution of billing pattern. * Make an easy to use environment for users and customers. 1. 4 Project scope * The online Billing application is providing with efficient GUI to the user and can be installed in other systems easily. * The modules is divided into * Login * Create User * Add entry * Erase Entry * Modify Entry- 1. Search name, 2. By mobile number. * This project will help the store keeper in fast billing * This project enable to maintain a great database of all customers visited. * This project is web based and easy to use Easy to maintain in futu re prospect. * Powerfull online payments software * Secure, Flexible and customizable. 1. 5 Features * Security:Security is one of the most important features that customers and businesses look for in a billing system. The all encompassing security feature you do not want to go without is PCI compliance. To be PCI compliant, a system must meet all the security standards set by the PRCI SSC (Payment Card Industry Security Standards Council). If your business is primarily B2B versus B2C, you may want to consider Level 3 Processing, as ell. * View Invoice and Payment History Online:Â  Your customers will love being able to view their invoice and payment history online. By offering an EBPP to your customers, they will be able to access this information easily without having to call your office and talk to an employee to get their simple questions answered. They will be able to access this information anytime, virtually anywhere. Talk about convenient! * Email Reminders:Â  Another onli ne billing feature your customers will appreciate are the email reminders.By utilizing an online billing system, you can create emails that will remind customers of late payments, upcoming payments, and changes to account easily and quickly. * Store Customer Payment Preferences:Â  These billing systems also can store your customers’ payment preferences online. It is secure and convenient. This way your customer can just set it and forget it. It cuts the payment process time down. Your customers will appreciate how this saves time and effort. * Autopay Functions:Â  The benefit that your customers will love if they decided to use is the autopay function.Your customers can have their bill taken out of their bank account each month automatically, if they so choose. This is convenient for customers who really want to save time. It also benefits customers who may be prone to forgetting to pay. This guarentees that they will not receive a late fee, as their bills will always be pa id on time. * Easiness in modification of data: The system provides managing of huge data effectively and efficiently for efficient results,storing the details of the customers, employees etc. in such a way that the database can be modified. User friendly: The system is user friendly because the retrieval and storing of data is fast and data is maintained efficiently. Moreover the graphical user interface is provided in the proposed system, which provides user to deal with the system very easily. * Sharing the data is possible: Data can be shared in proposed system. This means that two or more persons can use the same data in existing system provided that they have right to access that data. Also the two or more departments in an organization can easily interact with eachother without the actual movement of data. No or very few paperwork: The proposed system either does not require paper work or very few paper works is required. All the data is feted into the computer immediately an d various bills and reports can be generated through computers. Since all the data is kept in a database nodata of the organization can be destroyed. Moreover work becomes very easy because there is no need to keep data on papers. * Support strategic competitive advantage: Proposed system supports strategic competitive advantages.Since the proposed systems provide easiness in reports generating it will provide strategic advantages among competitors. * Computer operator control: Computer operator control will be there no errors. Moreover storing and retrieving of information is easy. So work can be done speedily and in time. Chapter 2 TOOLS & TECHNOLOGY The choice of technologies for your project implementation is a critical issue because it will not only influence your project development time and cost, but also will determine how your application will stand the test of time and will be approved and appreciated by your clients.With Itransition Business Analysts you will be able to n avigate all the technologies and platforms listed below, to choose the most up-to-date and win-win solution. You will be able to discuss and negotiate the choice of the programming languages and technologies suitable for project aims, size and budget. We are always attentive to all your requirements and wishes, including technological preferences, because we believe that only close cooperation with our customers all the way in project development can bring a visible and effective outcome.Programming Language were used in developing this application: JAVA with JS, Javascipt, HTML. RAM 64 MB and 2 GB hard disk. Operating Systems: Windows 95 & higher version. * Web Technology: Asp. net (Microsoft visual studio 2005 framework 2. 0) * Database: MySQL Server-2005 * Development Tool: MS Visual Studio 2005 * Web Server: IIS * Web browser: Internet Explorer service pack 1 * Languages Used: C#. net, JavaScript,JAVA,HTML * Others: Themes, CSS

Friday, January 3, 2020

Primary Prevention of Breast Cancer - 1192 Words

Choose a health topic related to primary prevention, secondary prevention, or tertiary care. Explain why this is an important topic of discussion based on your personal belief, and based on valid research. Paper should be 1.5 – 2 pages. APA format must be followed. Detailed assignment information will be provided. Breast cancer is the most common form of cancer in women and the 2nd most leading cause of their death. It is estimated that 1 in 8 women will be diagnosed with breast cancer in their life time and it will claim as many as 40,000 lives in the US only.( http://www.nationalbreastcancer.org/breast-cancer-facts) Primary prevention can play a key role in substantially reducing the chances of developing breast cancer Early†¦show more content†¦Mind benign breast malfunction can also increase the chances of having breast cancer in later stages of a woman/s life. Irradiation at early age also increases risks of getting breast cancer. Prevention through lifestyle. Diet and nutritions is controversial but fat consumtion has been associated with breast cancer. Different studies have shown conflicting results and therefore this area is open for more research. Obesity, however, has been clearly associated with raising the risk factor just like smoking and long term alcohol consumtion does too. Primary prevention. Life style modification studies have yielded different and controversial results. However, disregarding the impact od life syle change, it can lead to better health over all as well reduce the over all risk factor. This may include physical activity, healthy weight, avoiding smoking and limiting alcohol consumption. Ec. Women with high risk of cancer due to genetic mutation may consider non Some primary prevention measures such as prophylactic oophorectomy in young women(35 and under) has shown to reduce the breast cancer by 60 percent but this surgery comes with many unpleasant symptoms. Such as mood changes, night sweats and hot flashes etc. Prophylactic mastectomy which is the removal of both or one breast is also a primary prevention techniques but its drawbacks may outweigh its benefits. Therefor this practice is limited to women with a very high risk ofShow MoreRelatedBreast Cancer : Risk Factors And Prevention1526 Words   |  7 PagesBreast Cancer: Risk Factors and Prevention When malignant cells form in the tissues of the breast, breast cancer occurs. One in 8 women are diagnosed with breast cancer in their lifetime (Stuckey, 2011). Breast cancer also occurs in men; however, the number of cases is small compared to women accounting for only 1% of the breast cancer cases in the United States (Stuckey, 2011). Breast cancer is the third most frequent type of cancer in the world (Stuckey, 2011), and the second most common typeRead MoreBreast and Ovarian Cancer Essay1226 Words   |  5 PagesPersuasive Speech Title: Breast and Ovarian Cancer Purpose Statement: This speech has a primary goal of educating the audience and to give a better understanding of what breast cancer is and how it can be treated with detection by a vast variety of methods. It will also give better understanding that not only women but men also are susceptible to breast cancer. Introduction I. Attention: There are a number of researches done about breast and ovarian cancer. Breast cancer is the second largestRead MorePromoting Positive Health Behaviors: Prevention Programs that Advocate for Early Cancer Screening 1379 Words   |  6 Pagesdeaths caused by cancer in the US population, there have been many efforts by numerous private and public entities to create programs aimed at prevention of certain types of cancer. 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(The NorthRead MoreThe Risk and Benefits of Estrogen Hormone Therapy for Postmenopausal Women1046 Words   |  5 Pages(APRN), clarification is necessary in order to inform their clients experiencing menopause of the risks and benefits of hormone therapy use. In the United States, breast cancer is the second leading cause of female death behind cardiovascular disease and its etiology is recently becoming more fully defined (Eccles, 2013). Breast cancer is exacerbated by the number of years clients use hormone therapy as well as each client’s lifestyle (Beckmann, 2014). Hormone therapy combination, dose and lengthRead MoreEvidence Based Practice On Breast Cancer Prevention1685 Words   |  7 Pageswell as nursing to provide the best possible quality care in a safe fashion with cost effectiveness. Evidence-based practice nursing was utilized in a study by Kratzke, Wilson, Vilchis, (2013) that reached out to rural women regarding breast cancer prevention, information seeking behaviors and interest with the use of the internet, cell phone and text messaging. Criteria and Process for Evidence-Based Nursing Evidence-based practice in nursing is essential as it requires the use of the most currentRead MoreWhile Having Regular Mammograms Every Two Years Does Not749 Words   |  3 PagesWhile having regular mammograms every two years does not guarantee you will not get cancer, it may however detect the disease early. Cancer screening makes sense; identify and treat cancer before you know it’s there. The theory behind this is to catch cancer in the initial stages and it will be more curable. This in turn, reduces deaths due to the disease. Nurse Practitioner Veneta Masson, author of â€Å"Why I don’t Get Mammograms† argues the topic of how routine mammograms don’t save lives. MassonRead MoreBreast Cancer : A Dangerous Type Of Cancer1502 Words   |  7 PagesMost people know breast cancer is a dangerous type of cancer that affects both men and women. Author Gayle Sulik of Pink Ribbon Blues: How Breast Cancer Culture Undermines Women s Health describes breast cancer as, â€Å"abnormal cells [that] appear in the ducts (tubes that carry milk to the nipple) or the lobules (glands that make milk) and, more importantly, have the capacity to spread (metastasize)† (164). Breast cancer can be treated with surgeries and chemotherapy, radiation, and hormonal therapiesRead MoreDeveloping A Health Advocacy Campaign846 Words   |  4 PagesPart I: Population Health Issue and Population Affected HIV transmission is primarily through direct contact with bodily fluids such as blood, vaginal fluid, semen, breast milk, and pre-seminal fluid. Blood transfusion, contaminated hypodermic needles, pregnancy, childbirth, breastfeeding, anal, vaginal, and oral sex are the primary forms of transmission. In the United States, an estimated 1.2 million persons are currently living with Human Immunodeficiency Virus (HIV) infection and about 500,000Read MoreHealth Care Service And Its Product Development Practices1025 Words   |  5 PagesUniversity Medical Center Massey Cancer Center at Stony Point. My mother just finished her breast cancer treatment at this center; the facility provides services in medical and surgical oncology, radiation therapy, chemotherapy, clinical trials, breast imaging, High Risk Breast Clinic, The Lois E. Trani Patient Resource Library, and the Massey’s Magical Touch Salon. The product of health care which I had chosen was the High Risk Breast Clinic. At the VCU Medical Center Breast Imaging their commitment is

Thursday, December 26, 2019

Essay on Math 533 Final Exm - 1741 Words

MATH 533 Final Exm Click Link Below To Buy: http://hwcampus.com/shop/math-533-final-exm/ Or Visit www.hwcampus.com 1. (TCO A)Consider the following sample data on the age of the 30 employees that were laid off recently from DVC Inc. 21 38 20 26 37 52 37 24 45 20 50 49 44 30 29 42 56 46 60 30 32 25 47 55 38 25 20 29 32 30 a. Compute the mean, median, mode, and standard deviation, Q1, Q3, Min, and Max for the above sample data on age of employees being laid off. b. In the context of this situation, interpret†¦show more content†¦b. Find the probability that the monthly customer expenditure is between $300 and $600 for a randomly selected customer. c. The management of a supermarket wants to adopt a new promotional policy giving a free gift to every customer who spends more than a certain amount per month at this supermarket. Management plans to give free gifts to the top 8% of its customers (in terms of their expenditures). How much must a customer spend in a month to qualify for the free gift? (Points : 18) 5. (TCO C) A tool manufacturing company wants to estimate the mean number of bolts produced per hour by a specific machine. A simple random sample of 9 hours of performance by this machine is selected and the number of bolts produced each hour is noted. This leads to the following results. Sample Size = 9 Sample Mean = 62.3 bolts/hr Sample Standard Deviation = 6.3 bolts/hr a. Compute the 90% confidence interval for the average number bolts produced per hour. b. Interpret this interval. c. How many hours of performance by this machine should be selected in order to be 90% confident of being within 1 bolt/hr of the population mean number of bolts per hour by this specific machine? (Points : 18) 6. (TCO C) A clock company is concerned about errors in assembly in their custom made clocks. A simple random sample of 120 clocks yields nine clocks with errors in assembly. a. Compute the 99% confidence interval for the proportion of clocks with errors in assembly.

Wednesday, December 18, 2019

Application Of A Business Analyst - 1642 Words

TABLE OF CONTENTS 1. EXECUTIVE SUMMARY 2 2. ACADEMIC APPLICATIONS 4 2.1 ACADEMIC APPLICATION BEING USED 4 2.2 ACADEMIC APPLICATIONS NOT BEING USED 6 6. SIGNIFICANT LEARNING EXPERIENCE 8 7. STUDENT RECOMMENDATION 9 1. EXECUTIVE SUMMARY The company that I worked for is the global leader in eye care; Alcon develops and manufactures innovative medicines and devices to serve the full life cycle of eye care needs. I made the application to the internship position because the role being perfectly aligned with the Information Systems course-work. I had limited access to what exactly a Business Analyst does and works as I came from a Software Development background. The employer extended an offer to work with them as an intern after†¦show more content†¦This gave me a real opportunity to interact with Business Users and translate their perspective into a technologically aligned solution. I learnt to be able to manage multiple projects (Deployment projects for 5 countries) at a time often spinning multiple plates at once. I updated Deviation Logs for all 5 countries with respect to the Commercial Apps. Maintained and distributed reports at various levels to portray the status of the project to higher management of enVision. Business Analyst- It gave me insights into how a Business Analyst tries to convert user requirements and ideas into functional specifications or user stories using agile methodology. Another facet to this role was to be able to see the system as whole and not just individual silos by learning the interface between the old legacy system JDE, Salesforce and the iPad application. I got to learn the different terminologies used in an agile approach to a project like OQ/PQ (Operational Qualification/ Performance Qualification), Daily Scrum, Epic, Scrum Master, Release Planning, Sprint Planning and Sprint Review. I created the Business Process Maturity Assessment or the Discovery Questionnaire and the enVision Data Template for the 5 apps which would elicit the required configuration from the prospective affiliates. I got a chance to create very detail oriented

Tuesday, December 10, 2019

Commercial Law Legally Blinding Contract

Question: Discuss about the Commercial Law for Legally Blinding Contract. Answer: Introduction It is the general position in contract law that for a contract to be valid there are essential elements that include an offer, acceptance, consideration and an intention to be legally bound, that must be present (Carter and Harland, 1998). Moreover, it will be deduced in this discussion that it is inconceivable that a contract will be enforceable where one party was a minor but the law is not cast on stones as will be shown. It is to be noted from the outset that the application of the rules in contract law emanate from the substance of common law, doctrines of equity and precedents which will be applied skilfully in determining the legal position of the parties in dispute (Beale, 2004). An offer is an expression of willingness to enter into a legally binding contract (Australian Woollen Mills Pty Ltd v The Commonwealth, 1954). An offer must certain and does not create any ambiguity as it is capable of being accepted. The acceptance of an offer must be communicated to the other party for it to be valid of the other party must have reason to believe that an acceptance has been made. (Day Morris Associates v Voyce 2003). For a contract to be validly enforceable there must be a sufficient consideration given by the other party (Chappell v Nestl 1959) Suffice to say, for the contract to be enforceable between the parties must have an intention that the contract will legally bind them (Edwards v Skyways Ltd 1964). John made a misrepresentation of his grade in the in the invitation to treat message that was put on the Facebook site. A Misrepresentation is a statement that is made by a party to the contract before they enter into the agreement and its intention is to ensure that the other party is induced sign the agreement. For an action on misrepresentation to pass it must be in evidence that the statement that was made a false assertion of fact (Avon Insurance plc. v. Swire Fraser Ltd, 2000). Johns statement about the grade was clearly untrue as he did not score a distinction on the subject. It must also be in evidence that the parties hereunder relied on the statement to enter into agreement. This means that it must be shown that if the statement had not been made they would have not enter into contract (Smith v. Chadwick, 1884). Bernard vs Alan Alan has made an offer through his social network page that he is selling his book at a price of $200. Bernard replies to the offer made and expresses his interest in buying the book, however, he stated that he could only afford $150 for it. The issue that is up for determination is whether the acceptance that was made by Bernard was valid and whether the payment of the $200 on 3rd night after deep thinking amounted to an enforceable contract. The other issue in contention is whether the payment made by Bernard though post was valid. There has been a strenuous debate among contract law scholars as to whether the display of items in the internet amounts to an offer or an invitation to treat. The issue here is whether Alans display of the book for sale on Facebook amounted to an invitation to treat. In Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) (1953) it was affirmed that the display of items in a shop amounted to an invitation to treat because it was upon the customer to select the item of choice and make an offer to the teller to purchase the item. It has been conceded that the offer is properly made when the item is taken to the counter for pay (Fisher v Bell 1961). On the other hand, it has been argued that since the display of items in the internet will attract several offers to buy the product from clients, the vendor is not legally bound to accept all of such offers. It can be concluded from the foregoing argument that Alans display of an item on the internet was not an offer pe r see but rather an invitation to treat and he is not bound to legally accept all offers made. It also to be noted that john took Bernards money and promised him that he will deliver the book by 7th November. The legal consequences are discussed hereunder. Where a party makes an offer with certain terms and an acceptance is made but with new different terms that do not agree with the initial offer, the acceptance is deemed to be a counter offer and not a valid acceptance. The court in Hyde v Wrench (1840) stated that where new terms are provided in an acceptance to a contract, the acceptance is regarded as a counter offer. In the case in question there was a battle of forms and in the court of appeal has held in Tekdata Interconnections Ltd v Amphenol Ltd (2009) that the last offer wins the battle. It is thus submitted that a valid acceptance must be in response to the offer made. It is submitted that Bernard made a counter offer which was inform of an acceptance. He responded with new terms to the agreement thereby engaging in a battle of forms in which the last offer was not put until later on in 3rd November where he also gave his consideration through post. It is entirely true, as stated above, that the last offer wins the battle in a counter offer. Additionally, the postal rule is to the effect that once acceptance is communicated by post the contract is deemed to have been formed when the letter is sent and not received (Holwell securities Ltd v Hughes, 1974). This may have a superficial appearance of validating the agreement between Alan and Bernard but it will be later revealed by law that the agreement was not enforceable. Indeed, a consideration was given by Bernard although it was made late because an earlier acceptance to Alans offer was made by Damien whose legal position will be discussed later in the paper. Over and above all, since Bernard has made payment already which Alan has pocketed and the book was in fact free, he is entitled to an award of compensatory damages because there was no enforceable contract. In conclusion, it can thus be concluded that the offer made did not amount to a valid acceptance and Bernard cannot rely on the reply he made in the social network to Alans offer to enforce the agreement. Charleen vs Alan Charlene is Alans sister and she saw Alans post and has expressed her willingness to buy the book but Alan responded with a smile as he paid little attention to her. Charlene has left her consideration of $200 which Allan has pocketed on the table and the issue that is presented for determination is whether such an agreement is enforceable bearing in mind that Charlene was possibly be a minor since persons sitting for the GCE Levels are in most instances between the age of sixteen and seventeen. The other issues that will be determined will be whether the two siblings had an intention to be legally bound. It is a general principle in law that for a contract to be enforceable and binding, the parties the must be of legal capacity. It has been held that contracts that are entered to by minors are unenforceable unless they are contracts of necessity (Nash v Inman 1908). In Singapore, the position is that the contract will be valid only once a minor has attained the age of I8 (Civil Law (Amendment) Act 2009 section 35). It is worth noting that a contract with a minor will be valid if the subject matter of the agreement is a necessity. It was held in Peters v Fleming (1840) that gold rings were necessities to a child of a member of parliament. With regards to intention to be legally bound, the litmus test for determining the intention of the parties has always been determined by the rebuttal presumption. In family agreements the presumption is that the parties do not always intend to be legally bound by the agreement (Balfor v Balfour 1919). In Jones v Padavatton, (1969) a mother promised her daughter that she will pay her if she gives up her job and went to London to study for the bar. The court held that there was no sufficient evidence to rebut the presumption that an intention to be legally bound did not exist. In Wakeling v Ripley (1951) Mr. Riply who was a wealthy man asked his sister and brother to relocate to Australia to support him with the promise that he will pay them and they will stay in his house without paying rent and he will bequeath them all his wealth upon his death. Unfortunately, Mr. Riply did not meet the end of his promise. It was held that, despite it being a family agreement there was sufficient evidence to rebut the presumption that an intention did not exist between the two family members. The court established a test that should be considered so as to rebut the presumption in family and social agreements. It was held that it must be determined whether there was any degree of hostility between the parties, the seriousness of the conduct that was promises and the expense that was involved in coming to perform the promise. It has also been stated that where in a family relation, the agreement is a commercial one; the presumption will be that an intention existed betwee n the parties (Roufos v Brewster, 1971). It is imperative to note that the courts have developed a modern approach towards determining the intention of the parties which appears to be extinguishing the rebuttable presumption test. It has been held that test should be an objective one that seeks rather than a subjective one, which determines whether a reasonable person will infer that an intention existed if put in the same circumstances of the parties (Edmonds v Lawson, 2000). In Soulsbury v Soulsbury (2007) a spouse agreed to forego payment of maintenance to the expense that the other party will bequeath her property in his will. The promise was not fulfilled and the court applied the objective test to determine the intention where they held that an intention to be bound existed between the two family members. It is submitted that the agreement that was being made was one of necessity because being a student she needed the book which will be beneficial to her education. It then seems to be conceded that her capacity to contract will not be a bar to her to make an agreement on necessities which indeed is breathing life to the holding in (Peters v Fleming, 1840). With reference to the issue on intention it is submitted that, in applying the presumption test from the outset, there is no intention to be legally binding. By further applying the Objective test entrenched in Wakeling v Ripley (1951) it can be summed up that, taking all circumstances into consideration there was no consensus ad idem (meeting of the mind) between Alan and his sister. It was the intention of Alan not to sell the book to her sister and on the other hand the sister had the intention to buy the book. It can thus be conceded that the two had different intentions altogether and there they lacked the meeting of the minds. It has been held that the courts will look at the literal meaning of the words that were made in during the offer and acceptance and determine whether there was a meeting of the minds between the parties (WYDA Associates v. Merner,1996). Where there is no a meeting of the minds the parties will not be bound by the terms of the agreement and therefore the contract will not be enforceable. In Conclusion, the agreement between Allan and his sister is not enforceable despite Charlene giving a valuable consideration. The consideration was also given after Damien had made a valid acceptance of the same. It can be concluded that having there been no valid enforceable contract between the two Charlene is equally entitled to an award of compensatory damages. Damien vs Alan Damien discovers Alans offer and decided to contact him through a personal phone, accepting the offer made on the social network site. The issue for determination here is whether the acceptance that was communicated by Damien through the phone was valid. It is submitted that the rules governing instantaneous mode of acceptance shall be determined in terms of their applicability in the case between these two parties. On the other hand, the other issue that will emerge is if there was an intention to be legally bound between the two parties. The fundamental question at the end will be if there was any breach of the agreement by Alan because he delivers to Damien the book without the handwritten notes and claimed the notes are in the book and at the same time the books were offered for free in school. It is submitted that the traditional approach to the postal rule does not apply to instantaneous modes of communication such as electronic mail and mobile phone messages. The leading case here and probably one that goes furthest is Entores Ltd v Miles Far East Corpn (1955) where the claimant was based in London and he made an offer through telex to a client in Amsterdam who also made an acceptance through telex. Denning LJ, in this case, affirmed that the contract was fully formed when the acceptance was received by the defendant and that the contract is formed where the acceptance has been received. In commercial agreements, the presumption that usually exists is that the parties intend to be legally bound. In Edwards v Skyways Ltd (1964) the defendants had promised that they will make a payment of an ex gratia amount and even went to publish the promise in the newspaper. The claimant who was a pilot never received the extra amount that was promised because the company claimed that they had rescinded their decision. It was held that there was no sufficient evidence to rebut the presumption that the intention to be legally bound existed. From the above, it can be agreed that the rule of acceptance in electronic modes of communications will apply to this case. It can be stated that the acceptance of Alan offer that was made over the mobile phone was deemed to be valid once it was received by Alan, which he did. Alan and Damien were not friends and therefore it the nature of their relationship can be said to a commercial one and thus it will be an uphill battle here for Alan to show that an intention to be legally bound did not exist. Not even when applying the objective test here it can still be agreed that there was an intention to be legally bound existed between the two. In Conclusion, it is conceded that there was a valid and enforceable contract between Alan and Damien because all the essential requisites of a valid contract have been fully satisfied. It is thus a plausible conclusion that the only valid contract that was formed in this case is between Alan and Damien and going by the acceptance rule mentioned above the contract was formed when the acceptance was received on Alans Mobile phone. On the contrary, because of Alan trickery to defraud his colleagues yet the book was a free collection at school Damien will be entitled to the award of compensatory damages that will put him the position he was before the contract occurred. The only thing that could be validly sold was Alans written notes which he did not have. Alternative Dispute Resolution Mechanism Dispute resolution cannot only be undertaken in courts but there is a breadth of options available which form part of Alternative dispute resolution mechanism. Arbitration in Singapore can be handled by the small claim tribunal which when admitting a claim to its jurisdiction it will looks at the nature of the claim being made and the monetary value of what is in dispute. Essentially, the small claims tribunal has put a cap on the limit to be claimed to $10,000. In this case, it advised that the claims of three individuals are within the jurisdiction of the tribunal because the value that is in dispute is less than $10,000. It is of interest to note that the small claims tribunals have also been remarked to be expeditious in handling claims and less costly. The tribunal also disallows the parties to a dispute from being represented by lawyers in the tribunal and less a great injustice will occur to one of the parties. Unlike other forms of alternative dispute mechanism like mediation, arbitration has been argued to be expensive. It is also unfortunate or rather burdensome that in arbitration the parties will have to pay the arbitrator for handling the dispute and also pay for the location that was being used to listen and decide on the matter. It bears noting that the final finding and holding in an arbitration matter are binding. In arbitration the arbitrator will appointed by the parties that are in dispute and this has been said to promote fairness. The process of arbitration has been said to be almost similar to the court litigation process and thus it involves a lot of formalities and it could be slower in handling matters. Mediation refers to a situation where parties come together and sought out their issues in a just and fair manner through the use of a person who is not a party to tors of the dispute referred to as the mediator (Leonard, 1982). However, what distinguishes mediation from o ther dispute mechanisms is that it is relatively less costly and that the final finding in a mediation matter is not binding. The final outcome in the dispute in mediation is in many times held to be a fair outcome that suits both parties in dispute. It also involves less bureaucracies and formalities and it can be said to be more expeditious than arbitration. References Australian Woollen Mills Pty. Ltd. v. The Commonwealth [1954] HCA 20 Avon Insurance v Swire Fraser Ltd [2000] 1 ALL ER Comm 573 Balfour v Balfour [1919] 2 KB 571 Beale, H. (2004). Chitty on Contracts, Sweet Maxwell Carter J, W.and Harland, D. (1998). Cases and materials on contract laws in Australia, Butterworths Civil Law (Amendment) Act 2009 Chappell Co Ltd v Nestle Co Ltd [1959] UKHL Edmonds v Lawson [2000] EWCA Civ 69 Edwards v Skyways Ltd [1964] 1 WLR 349 1964 Entorres v Miles Far East [1955] 2 QB 327 Day Morris Associates v Voyce and another - [2003] All ER Fisherv Bell [1961] 1 QB 394 (QB) Holwell Securities Ltd v Hughes [1974] 1 WLR 155 Hyde v Wrench [1840] EWHC Ch J90 Jones v Padavatton [1969] 1 WLR 328 Leonard L, (1982) Mediation and Lawyers Ohio State Law Journal29 Nash v. Inman [1908] 2 KB 1 Peters v Fleming (1840) 151 ER 314 Pharmaceutical Society of Great Britain v Boots Cash Chemists (1953) 1 QB 401 Roufos v Brewster [1971] 2 SASR 218 Smith v Chadwick (1884) 9 App Cas 187 Soulsbury v Soulsbury [2007] EWCA Civ 969 Tekdata Interconnections Limited v Amphenol limited [2009] EWCA Civ 1209 Wakeling v Ripley (1951) 51 SR (NSW) 183 WYDA Associates v. Merner (1996) 42 Cal.App

Monday, December 2, 2019

Psychological Mindsets in the Black Cat free essay sample

The reality of life is that at some point it will all come to an end. End, one referencing it to when one is pronounced dead. Since death is unavoidable, we must take into account death because it is the finalization of our lives spent on this earth as well as an account of the way we left this world. There are numerous ways that one can leave this world, some die peacefully while others may die by force. The following will reveal the psychological mindsets concerning death as depicted in Poe’s â€Å"The Black Cat†, Browning’s â€Å"My Last Duchess†, and Dickinson’s â€Å"Because I could not Stop for Death†, and the ramifications of perverseness, pride, and eternity In â€Å"The Black Cat,† Poe uses perverseness to explain the narrator’s pursuit to murder Pluto, the black cat, and eventually his wife. The narrator had once loved animals, but alcoholism contributed to his change of temperament and irritableness, which led to the abuse of his pets and his wife. We will write a custom essay sample on Psychological Mindsets in the Black Cat or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page His reasoning for gouging Pluto’s eyes out, and then murdering the animal was because it loved him as he rejected it. The narrator had a sense of self-loathing and self-hatred that made him want to continue doing wrong to Pluto, which we identify to be: This spirit of perverseness, I say, came to my final overthrow. It was this unfathomable longing of the soul to vex itself-to offer violence to its own nature- to do wrong for the wrong’ssake only- that urged me to continue finally to consummate the injury I had inflicted upon the unoffending brute (Poe 138). After the death of Pluto, another cat who resembles Pluto, but with an added splotch of white fur becomes the narrators’ new pet, which fills the void of the narrator’s loss of Pluto. The new cat begins to disgust the narrator: â€Å"By slow degrees these feelings of disgust and annoyance rose into the bitterness of hatred†¦I came to look upon it with unutterable loathing, and to flee silently from its odious presence, as from the breath of a pestilence†(Poe 140). The narrator doesn’t inflict harm on the cat for a while because it reminds him of Pluto and his evil deed. Although, the narrator feels shame and guilt he is not remorseful of his actions due to his perverse spirit because really: â€Å"Evil thoughts became my sole inmates-the darkest and most evil thoughts. The moodiness of my usual temper increased to hatred of all things and all of mankind†¦Ã¢â‚¬  (Poe 141). The narrator’s soul, which is full of madness and hatred, led him one day while his wife came with him to run some errands into the cellar, to attack the cat in rage. The cat had somehow made the narrator trip as he followed them into the cellar and this ignited fury from the narrator’s soul. His wife stopped his attempt to hit the cat with an axe and because of his wife’s actions, his madness shifted: â€Å"Goaded by the interference into a rage more than demoniacal, I withdrew my arm from her grasp and buried the axe in her brain† (Poe 141). Poe uses the principle of perverseness in many of his other works as well as â€Å"The Black Cat† to portray: â€Å"To an ambiguous balancing of forces of attraction and repulsion (the seductive pull towards self destruction)† (Ketterer 28). This is the reason why the narrator’s perverse spirit caused him to murder with not much of a thought of remorse, but that he had committed a deadly sin, in which he found comfort in because what he was doing was leading him to his own self-destruction. Also, the narrator can be depicted as a victim to his mind, which led him to murder because when one reads Poe’s stories there tends to be an account where: â€Å"the imaging, then verbal expression create the fiend that overtakes the narrator’s reason†¦. ccording to the story’s analysis of the souls faculties, the human imagination creates a tangible, readily perceptible being† (Bieganowski 176-177). The narrator can be considered a victim, because the reader can sympathize that he is helpless and sick to the perverse spirit that becomes his nature. The narrator constantly in his mind goes through the continuous tugging between right and wrong and good and evil, till he finally wants it all to stop and in his mind, everything is distorted to do evil, in order to cease the tugging. In â€Å"My Last Duchess,† Browning uses the motive of pride to provide the Duke of Ferra’s reasoning for why he has his wife killed. In the beginning of the poem, the Duke of Ferra is addressing an ambassador, when he brings up a painting on the wall of his last Duchess. As his last Duchess is depicted, the Duke describes her as finding pleasure in the little things and not of the things he gave her. Furthermore she did not value his name nor admire him. By the start of the poem, the Duke of Ferra has shown his own insecurities about his last Duchess because he couldn’t control her and therefore the picture of her on the wall is now his dominance over her. As the duke talks of his Duchess, her actions in someway displeased him as she did a number of things wrong: â€Å"A heart-how shall I say? -too soon made glad, too easily impressed†¦somehow-I know not how-as if she ranked my gift of a nine-hundred-years-old name†(Browning 513). The Duke of Ferra is possessive, as well as arrogant and proud in nature. Due to his character and mania the Duke took everything his Duchess did as an offence because he wasn’t in control and so his pride led him to believe: Even had you skill in speech-which I have not-to make yourwill quite clear to such an one, and say you disgust me; hereyou miss, or there you exceed the mark-and if she let herself be lessoned so, nor plainly set her wits to yours, forsooth, and made excuse-even then would be some stooping; and I choose never to stoop (Browning 513). The Duke of Ferra justifies killing his wife before even mentioning that he has had her killed because in the Duke’s mind he see’s the Duchess’ smiles as incriminating. He thinks this because she didn’t just smile for him, but others as well, which is one of the jealousies that consumes him. The Duke’s jealous and possessive nature arouses his mania to be in complete control of a being, in this case his last Duchess. With all the Duke’s frustrations and concerns about his last Duchess off his chest and because of his own sense of pride for her to be what he wanted her to be: â€Å" I gave commands; then all smiles stopped together. There she stands as if alive† (Browning 513). The Duke refers to his last Duchess as standing there as if she was alive as a means to show his vain character. When the narrator looks at his last Duchess, he doesn’t just see in the painting the picture of her, but the painting is just another valued object, in which he is proud to possess. As pride is depicted for why the narrator went so far as to have his last Duchess murdered, the narrator’s actions can be self-evaluated to constitute the emotion of pride that overcame his judgment. With emotions there is more than the substantial basis to how one feels: â€Å"They are adaptive patterns of behavior arising from a person’s appraised relation to ongoing events†¦ beginning with appraisals of notable changes in an individual’s goals, motives, or concerns (Tangey and Fischer 65-66). From this explanation of emotions, the narrator adapted his sense of pride from his careful watch of his wife as more and more things that she did offended him. The narrator took into consideration every action his wife did from her smiles to her otal unawareness of the narrator’s notable name. Also from the explanation of emotions one can understand why the narrator didn’t simply just have his wife murdered swiftly when he was displeased with her the first time. The narrator came to a gradual decision to have his wife murdered because of his emotions of pride and the sense of mania that grew from the displeasure of the ongoing events of his last Duchess, which lead him to believe what he couldn’t control, was a problem. Therefore, the narrator murders his wife due to the emotion of pride, which is defined: On the basis of a growing literature, we suggest that pride is generated by appraisals that one is responsible for a socially valued outcome or for being a socially valued person. Pride comprises action tendencies to present one’s worthy self or action to others such as a broad smile, beaming face, erect posture, celebratory gestures or comments, and comments that call attention to the self’s accomplishment. Internal reac-tions include increased heart rate and skin conductance as well as an erratic respiration. The subjective experience of pride involves an experience of one’s body or self as taller, stronger or bigger (Tangey and Fischer 66). In â€Å"Because I could not stop for Death,† Dickinson uses death to depict a seducing trip to eternity. From the first lines of the poem they predict the courteous and smooth passage from death to a place of eternity: â€Å" Because I could not stop for Death- He kindly stopped for me- the Carriage held but just ourselveles- And Immortality â€Å"(Dickinson 541). The Carriage driver is then depicted as being civil and courteous to the narrator. As the carriage driver is taking her closer and closer to death, the narrator passes childhood like memories till eventually they stop at her grave: â€Å"We passed the school, where Children strove at recess-in the Ring†¦we passed the Setting Sun- or rather-He passed Us†( Dickinson 541). Then the narrator describes what she is wearing, which is a gossamer, a tippet, and a tulle that shows she is under dressed because she begins to quiver and expresses the sudden chilliness. Then the carriage driver stops. One can imagine it’s a stop at the grave for we can conclude that the scenario is now darker and colder. The narrator uses the description of the house to depict the grave. The whole stop is the actual death of the narrator. The last stanza talks about the horse’s head that is pointed to eternity. This last part is in recognition that the narrator is guessing she’s headed towards eternity. We can infer that this whole experience for the narrator was a natural occurrence. We can also infer that since the carriage driver was courteous and civil, and created the whole attraction to death, that the narrator is going towards eternity. Furthermore since death for the narrator was a positive experience we can conclude that she will reach eternity. The occurrence of death in this story is linked to eternity. When one thinks of eternity it is a positive thought to what happens after our death. Therefore the whole experience of the carriage driver taking the narrator to her death had to symbolize the positive place that she would go next. This poem uses the seductive and attractive nature of the carriage driver to lure the narrator to her death, to the point where she doesn’t realize that she is dying because it came so naturally. The carriage driver is the male persona in this poem, because he creates a gentleman like approach to the narrator. To Dickinson death was an important part of many of her works. Emily Dickinson had an obsession for what happens after this life. This is one of the main inspirations for why most of Dickinson poems and stories revolve around death. This poem specifically â€Å"Because I could not stop for Death,† uses her ideology: â€Å" For Dickinson, thought does not stop just because death cannot or does not appear. Thus the thought-poem proceeds to â€Å"figure death out† in at least two ways, both of which rely on narratively precise imagery: one facing death†¦two the poet enacts through imagery the leap into the unknown of death† (Deppman 3). In â€Å"Because I could not stop for Death† Dickinson also uses: This category of personification carries two implications: first, that death becomes positive, becomes a thing or person and not an ab- sence or cessation, and second, that there is a relation of self to another beyond death (Death, the gentleman). All of the above maybe interpreted as strategies for a creative death-into-life approach (Nesteruk 28-29). Death was used in the stories of â€Å"The Black Cat,† â€Å"My Last Duchess,† and â€Å"Because I could not stop for Death†. The psychological mindset of death depicted in each story or poem explained why the narrator or the protagonist acted the way they did. In â€Å"The Black Cat,† Poe created a narrator whose perverse spirit led him to not only murder his cat, but his wife as well, in this mind debilitating circumstance where the narrator is leading a life towards self-destruction.