Contract Law Problem Question - Breach of Contract Essay

Contract Law Problem Question - Breach of Contract - Essay Example A breach of contract occurs when a party to it acts inconsistently with his obligations either by implications or express words without lawful excuse. The onus is on Peter to prove that there was, in fact, a breach committed by David. Generally, the act that is allegedly in breach must have â€Å"such an effect, that the party in question has put it out of his power to perform his obligations† (Alfred C Toepfer International GmbH vs Itex Hagrani Export SA (1993) 1 Lloyd’s Rep 360, 362). Moreover, Peter is not required to wait for David to perform, and the effect of the breach is immediate (Hochester v. De La Tour (1853). In order for the breach to be classified as a repudiatory breach, that is one allowing Peter to set aside the performance of the contract, the breach must be one of condition or a serious innominate term and not warranty. The current scenario entails a breach of time, which is generally of the essence. It is arguable that this breach is one of condition, and the immediate consequence of that for Peter is his right to elect one of two alternatives; terminate the performance of or affirm the contract, communication either of them in a reasonable amount of time (Stocznia Gdanska SA v. Latvian Shipping Company (2002)). Since Peter has opted to stay at the house and continue running it as a guest house, he has decided to opt for the affirmation of the contract, which will be affected just by merely continuing with his obligations of running the business while maintaining a healthy profit (Davenport v. R (1877)). Thus, Peter is advised to affirm the contract and apply for an order of specific performance by exercising his right of election and issue a claim in damages.

Business law Assignment Example | Topics and Well Written Essays - 500 words - 3

Business law - Assignment Example In his mind, he thinks that the car is in good condition. By bad luck, the mechanical problem re-occurs two days later and consequently, the car is involved in road carnage. The taxi driver evaluates the problem and come to a conclusion that the car had the mechanical problem before the purchase. The seller by omitting the true mechanical condition of the car violated the Contract Law (Marson 352). Contract Law is a group of regulations that guide buyers and sellers on how to conduct their business. Legal actions are taken in case one party violates the Contract Law. Therefore, the taxi driver will use the Contract Law in court to against the car seller. The law allows the payment of any loss or damage caused by omission of vital information by the seller. However, the buyer must prove that the Contract Law was indeed violated. The Contract Law has four main elements. The first element is the offer given by the seller with conditions of the item on sale, the price, and the date by which the offer will expire. The second element of Contract Law is acceptance. The buyer accepts the conditions given and registers the intention to buy the item. The third element is the legal agreement. The buyer and the seller make a legal binding. The last element is consideration where the buyer pays or gives a later date to pay the item on sale. In the case between the car seller and the taxi driver, the offer given did not include the poor condition of the car intentional (Marson 352). The taxi driver bought it at the worth of a car with good conditions. He joins into a legal agreement and makes payment only to realize that the car had mechanical problems two days later. The seller violated the Contract Law by giving false information about his car and is supposed to pay the damages and the loss incurred by the taxi driver. However, the chances of the taxi driver winning this case are

Enterprise, weekly blogs and Portfolio Coursework

Enterprise, weekly blogs and Portfolio - Coursework Example There are major benefits and value levels associated with implementing Enterprise 2.0. For example, the implementation of Enterprise 2.0 enhances the reputation of a company. Coca-Cola Company implements Enterprise 2.0 through the Coca-Cola fan page. This enhances the reputation of the company by allowing Coca-Cola fans to create and maintain content, which presents Coca-Cola as an attractive company. Moreover, the Coca-Cola fan page manifests how the company adopts new web technologies, which improve the company’s reputation. The fan page equally increases the company’s visibility in the market. Through the fan page, the company can establish and address various customer needs. The implementation of Enterprise 2.0 relates to specific functional areas. Indeed, the implementation of Enterprise 2.0 through the Coca-Cola fan page enhances product development and customer service across the enterprise. Indeed, through the Coca-Cola fan page, the consumers help in product development by giving their views and comments on various company brands. The company can draw the consumer’s response to various products by following their views and comments on the fan page. This will help the company to develop products that address consumer’s needs in diverse locations. The Coca-Cola fan page is a significant medium that fosters customer service in the company. Moreover, the company can access customer response and feedback on the fan page. By addressing these views and comments, Coca-Cola fosters customer service.

I Have a Dream Essay Example for Free

I Have a Dream Essay Martin Luther King was a symbolic leader of American blacks who was the youngest man to receive a nobel peace prize. He was a worker for civil rights for people of his race. On August 28, 1963 in Lincoln Memorial, Washington, D. C. , he delivered the informative and persuasive speech, I have a dream. There was enthusiasm in his introduction which indicates victory, for the speech was an expression of his utmost joy for what he said as the ‘greatest demonstration for freedom in the history of our nation’ (King, 1963) from the Emancipation Proclamation in 1863, which was the freeing of the American Slaves, issued by Abraham Lincoln. He pointed out the forgotten promise of America to all her citizens, meaning the black and the white with proper and just right, and that he dreams that these proper and just rights be given to all, regardless of the color. He was hopeful in his last words in the speech, which gave the audience the strength they needed at that time. He presented his words as if they were one reach away. And he thanked God Almighty after mentioning different religions, which I believe indicates unity despite each and everyone present there’s diversity. Martin Luther King was undoubtedly a great speaker. He talked slowly but clearly. There was a serious aura and strong emotion in his voice. Although he had limited body language, he was able to get the attention of 250, 000 audiences that day whom he informed, persuaded, and inspired through his eye contact once in a while even though he read his speech. It was obvious in the cheering of the crowd that they were interested and that they were getting something from the speech. He had clear organization of the speech, with a strong introduction, a substantial body where he was able to say what he wanted to happen, and a conclusion that left a hope and will to continue fighting to his audiences. However, in my opinion, I would rather make the speech a little shorter and more direct. King used a lot of descriptive words to further explain what he was trying to say. He also used metaphors to present analogies. Maybe these were helpful, but as for me, I would like to believe that the listeners would’ve understood the speech more if he was concise and simple with his choice of words. References: I Have A Dream by Martin Luther King. Retrieved May 15, 2009, from Youtube Web site: http://www. youtube. com/watch? v=PbUtL_0vAJk Martin Luther King Biography. Retrieved May 15, 2009, from Nobelprize. org Web site: http://nobelprize. org/nobel_prizes/peace/laureates/1964/king-bio. html

Written by Charles Dicken Essay Example for Free

Written by Charles Dicken Essay The tension built up is temporarily lifted as a perfect and surreal atmosphere is created, The rhythmic was of the sea upon the reef was becoming audible now, and it had a pleasant sound in his ears; the water washed along the side of the canoe, and the paddle dripped between each stroke. Presently he began to doze. This perfect setting dispels all current tension, and as the men relax Evans begins to fall asleep. Although appearing to dispel tension I believe this also creates tension. The reader is drawn into a false state of security with this perfect setting and oversees the fact that the men are falling asleep on an unknown land that they are not well adapted to. This is not as clear and straight forward as the rest of the tension contributing to the build up, but still has an effect on the reader and adds to the tension build up. Between line 51 and line 56 a reminder of the hazards and consequences of the island are highlighted. A wrecked ship and the crew are described, a shipwrecked crew thinned by disease, a quarrel or so, and the needs of discipline, and at last taking to their boats never to be seen again. This shocking and disturbing story instantly creates a massive amount of strong tension; the reader will immediately relate this short story to the men currently exploring the island and believe there is little hope for them.  Sikes and Nancy was written by Charles Dickens in 1869 and this story deals with a great deal of effective tension build up and one of the most infamous criminals of all time! Extremely effective and powerful tension is created immediately in this story as it starts with a description of the infamous Fagin. Fagin is the stereotypical criminal of the time; he is aggressive, impatient and overall experienced in pick-pocketing. Fagin the receiver of stolen goods was up, bedtimes, one morning, and waited impatiently for the appearance of his new associate, Noah Claypole, otherwise Morris Bolter; who at length presented himself, and, cutting a monstrous slice of bread, commenced a voracious assault on the breakfast.  The planning of misdeeds and crime is an obvious and fairly weak source of tension here, There seemed, indeed, no great fear of anything interrupting him, as he had evidently sat down with a determination to do a deal of business. Misdeeds are highlighted between lines 43 and 47 as Fagin shows Noah the woman he is to follow. The feeling of no-good is emphasised for the reader here. Fagin pointed out a pane of glass high in the wall to Noah, and signed to him to climb up, on a piece of furniture below it, and observe the person in the adjoining room. Is that the woman? Fagin nodded yes. Tension is well-built here and is effective on the reader. The reader is aware of how much Fagin is paying Noah to do the job in hand; à ¯Ã‚ ¿Ã‚ ½1. In those days à ¯Ã‚ ¿Ã‚ ½1 was a great deal of money for a job, so suspicions arise for the reader and immediate and very effective tension is created. We begin to imagine just how important this job is, as someone so tight-fisted and intimidating as Fagin is willing to pay so much for one job.  Although not completely obvious at the start, the setting of the story itself builds very strong and effective tension. In this time that the story is set in especially, London was a grim, sinister and dangerous place to be. The shadowy labyrinth of streets, back alleys and tunnels are the perfect environment for criminals like Fagin. This setting alone creates so much potential for bad things to happen, the reader would pick up on this sooner or later and an extremely powerful sense or tension is created.

The word perfume

The word perfume Introduction: History of Perfume The word perfume itself is derived from the Latin per fume, which means â€Å"through smoke†. Due to the fact that the original use of aromatic materials was of burning incense, as an offering to the gods.1 Aromatic materials have been used for a variety of different purposes over the past thousand years. Perfumes during this era largely consisted of uncharacterized aromatic compounds.2 Ancient Egyptians used such fragrant materials in many different forms. While it wasnt until the Crusades that perfumery became more knowledgeable, due to the increase in trade of spices which was a known ingredient in perfumes.1 However it wasnt until the 19th century when alchemy became more popular that perfumes began to evolve and change into its current state. The past 100 years has seen the rise of many perfumes that extensively use synthetic chemicals. The first example of the modern perfume was in 1882, Fougere Royale created by Paul Parquet, composed of many synthetic compounds.1 Throughout the next few decades major advancements in the structural characterization of aromatic compounds (with the use of gas chromatography and mass spectroscopy2) led to the creation of synthetic materials. Perfume industries of late use large amounts of synthetic ingredients in the perfume production compared to natural sources. Statistically out of 3000 fragrance ingredients, less than 5% come from natural sources.1 Section 1: Production of Perfume The components of perfume that provide the fragrance can be produced/extracted in 2 major ways. As mentioned above until 100 years ago perfumes used natural sources for use of fragrant chemicals, since then the compounds are synthesised artificially in laboratories. Methods of both production types are mentioned below. Natural Perfume Ingredients Natural sources vary from plants (lavender, jasmine etc.), fruits (lemon, orange etc.), and animals (musk from deers, ambergris from whales). The components that contribute to the smell of the above sources are produced using methods that fall into 3 basic techniques. Expression: simplest of the 3, only used for citrus oils, involves squeezing and compression of the material to obtain oil.3 Distillation: used in manufacture and extraction of essential oils in plants, steam is utilised to help release aromatic molecules from the material. The oils co-distil with the steam, causing the water to be separated (using a Florentine flask) and discarded from the oils. However in some cases the water can be distributed as â€Å"floral waters†, as they may contain certain fragrant qualities.1 Solvent Extraction: the most important and frequently used in modern perfumery. Typical solvents consist of combinations of petroleum ether, acetone, hexane and ethyl acetate and various others. This technique produces a concrete (resinoid) which can then either be distilled into an essential oil or extracted using ethanol to produce an absolute.1 However ethanol extraction cannot be used on plant materials as they contain water, which can be absorbed by ethanol. Therefore a new technique known as the ‘Superficial Fluid extraction is used where the solvent used is Supercritical CO2(carbon dioxide in its fluid state). This process is more successful in providing fragrant compounds with odour, that more closely resembles that of its raw material.3 On the other hand its is a very expensive process, due to the pressure and temperature required to keep CO2 in its liquid state.1 Synthetic Perfume Ingredients As organic chemistry began to develop, the fragrant chemicals involved in perfume began to gradually become synthetic. The first perfume to utilise new synthetic materials is known to be the popular Chanel No5 in 1921. It used aliphatic aldehydes for the first, which helped to create a rich jasmine ‘note for the perfume. One major reason that the perfume industry use synthetic compounds over the natural is because of its expense. It is much cheaper to produce the materials synthetically than extracting it by natural means. Structurally almost all fragrant molecules have stereocenters, any point in a molecule where interchanging of any two groups leads to a stereoisomer. 7 Due to this it becomes difficult to synthesise the particular isomer required for fragrance. In 1991 however a scientist known as Paquette synthesised a steroisomer of Ambrox, which is known to be an amber odorant.2 The isomer is (-)-9-epi-Ambrox. This was made possible due to the use of a method known as oxy-Cope rearrangement2 to isolate a single isomer. Process: The active species, the bicyclic ketone is treated with dihydrofuranyl lithium, producing 2. This product is then reacted with phenylselenyl chloride, producing the compound 3. The removal of the phenyl selenium group providing the double bond required, and then followed by alkylation with methyl iodide and LDA. Sodium borohydride (NaBH4) is then used to reduce the ketone molecule into an alcohol. Catalyst palladium utilised to reduce double bonds. This product is then dehydrolated to produce the desired (-)-9-epi-Ambrox.2 The above example of chemical rearrangement is one of the many process is used in the formation of synthetic fragrances. Determining the fragrant materials of perfumes requires analysis of its chemistry. This is done by the use of gas chromatography and mass spectroscopy. The use of analytical chemistry is also evident in the synthesis of perfume. These aromatic compounds that have either been extracted or synthesised are eventually formulated with other ingredients to produce the end product, Perfume. Formulation of Perfume Once the perfume oils are collected, they will be ready to be blended together. There may be as many as 800 different ingredients and take several years to formulate a special scent.5 Once the scent is created alcohol is mixed with it, this can dilute the scent of the perfume. Alcohols also evaporate quickly which allows the scent (top notes) to be released at a faster rate. The alcohol used in perfumery is ethanol and is odourless.5 Alcohols used in perfumes is usually denatured so that they are not marketed as alcohol rather than perfumes. This process is known as Blending. Section 2: ‘Notes on Perfume The term â€Å"notes† in perfumery means smell. The whole concept behind perfume is its fragrance. Notes are a descriptive form of the many layers of fragrances found in perfume. Perfumes usually consist of three notes: Top Notes: are responsible for the initial smell of perfumes. They normally consist of small, light molecules that evaporate quickly (with the help of alcohol), the most volatile compounds. Heart Notes: the smell that sets after the quick evaporation of the top notes. Forms the main aroma (hence known as ‘heart) of the perfume, has the ability to last several hours. Base Notes: expectantly the scent that appears after the exit of the heart notes. These are made of heavy, large compounds which evaporate the slowest. The long lasting scents of the base notes are very rich and deep, helping to sustain the effect of the perfume.6 Section 3: Physical aspects of Perfume The main physical aspect of perfume is its colour. Perfumes that have colours are found to be more attractive to the buyer. However not all perfumes are coloured, this is because manufacturers add compounds, compounds that reflect certain colours in light, into the perfume. For example: Section 4: Allergies caused by Perfumes Breathing problems, asthma and contact dermatitis (an itchy and inflamed skin rash) are typical reactions to fragrances. These irritations are known to be caused by the various mixes of chemicals in the perfume. Examples of the many allergenic fragrances include chemicals such as amylcinnamic alcohol, anisyl alcohol, benzyl alcohol, benzyl salicylate, even natural products such as clove oil, nutmeg oil, odor of rose and cinnamon oil. These can result in rashes or swelling on surfaces of hands, arms and face.9 The addition of alcohol in perfumes only increases the allergies/irritation to the skin. To prevent alcohol allergies it is possible to manufacture perfumes with perfume oils4 instead. Perfume oils other than preventing alcohol allergies can be less expensive to produce and in terms of fragrances allows the scent to last longer. To make perfume oil, carrier oil is required to substitute the alcohol and the water. Jojoba is an example of carrier oil, as it has a very long shelf life, no scent of its own and it is not greasy.4 Conclusive Summary: As the above discussion suggests, the manufacturing process of perfumes uses a vast array of chemistry. Organic and analytical chemistry being the most important fields involved in the chemistry of perfumes. With more research and understanding of the mechanisms involved in the mixture of the components. It can be possible to have perfumes with ingredients that are less volatile in the future.

Cleopatras Beauty Essay -- Egypt History Papers

Cleopatra's Beauty Was Cleopatra beautiful? This is a seemingly straightforward question but there are many characteristics of beauty and all must be considered when applied to Cleopatra. Firstly, what is beauty? Beauty is different for every person and every time period. The old saying that beauty is in the eye of the beholder remains truthful today. It is not only the person that dictates what is beautiful; the time period during which beauty is portrayed must be taken into account as well. The aesthetic ideal of the Renaissance is quite different from that of today's typical "beauty." When applying these questions to Cleopatra, the only way to judge her beauty is by the works in which she is depicted. One obvious obstacle with this judgment is that everyone creates his or her works during different time periods. Another problem with the depiction of Cleopatra's beauty is the artist's hidden agenda. Every artist that depicts Cleopatra has a reason for portraying her in the way that they do, weather i t be to show what a woman should not be or to promote anti-orientalism. The only concrete proof of Cleopatra's appearance is the marble statues and the coins that bear her face. Are these even the real Cleopatra? The real Cleopatra's beauty is a mix between physical beauty and actual beauty. Actual beauty can be defined as the interaction of personality and sensuality with the external. Cleopatra is lauded for her beauty but this beauty is, in fact, actual beauty. Would we consider Cleopatra beautiful in this day and age? I say no. Perhaps if we knew her and were ensnared by her legendary charms, she would be beautiful to us but one must decipher her personality before discovering her actual beauty. PHYSICAL BEAUTY Physica... ...100 C.E.]. Trans. Sir Thomas North (1579). Ed. Geoffrey Bullough, Narrative and Dramatic Sources of Shakespeare. Vol. V. Columbia UP, 1964. Pomeroy, Sarah B. Goddesses, Whores, Wives, and Slaves: Women in Classical Antiquity. New York: Schocken Books, 1995. Pomeroy, Sarah B. Women in Hellenistic Egypt: From Alexander to Cleopatra. New York: Schocken Books, 1984. Roddam, Frank. Cleopatra [Leonor Varela]. ABC, 1999. Shakespeare, William. Anthony and Cleopatra [1608]. Ed. Michael Neill. Oxford UP, 1994. Sidney, Mary. "The Tragedy of Antonie." In Renaissance Drama By Women: Texts and documents, Ed. S.P. Cerasano and Marion Wynne-Davies, 19-42. New York: Routledge, 1992. The Real Cleopatra: Cleopatra's Palace. Discovery, 1999. Wolf, Naomi. The Beauty Myth: How Images of Beauty Are Used Against Women. New York: William Morrow and Company, Inc., 1991.