Essay --

Political systems in Latin American countries have been ever-changing. Long periods of dictatorship were often followed by long periods of democracy in an on-going cycle that is one, if not the main reason as to why Latin American countries have not been able to develop quickly. Political instability has affected many aspects in countries such as Peru and Argentina, one of these aspects is freedom of the press. Freedom of the press has played a key role in Latin America, serving not only as a voice for the people, but as a trail of evidence for some of the most heinous crimes committed throughout the Cold War and post-Cold War eras. Many people have been punished and even died all in the struggle to freely criticize political, economic, or even religious issues in their own countries. Freedom of the press, a right that should always be preserved, has often dwindled in the light of dictatorships and governments that do not take criticism lightly. Freedom of the press is called by many a â€Å"negative† freedom or liberty. While positive freedoms are described as rights that allow people to take action about their own lives, negative freedoms are rights that no other person or entity is allowed to put constraints on. The government is not allowed to put obstacles on the people’s rights to communicate their sentiments. Nations were built under the principle of democracy, where people are granted the liberty to express and publish their criticisms and where it is the people who decide who stays on top and who leads them. For Peruvians and Argentineans, it has been a constant struggle to maintain this right. Through and after the Cold War, freedom of the press was easily taken away by oppressive governments, which is why freedom of the pr... ... the simple lack of it at times. The conclusion is simple: a country with no press and with no freedom for its citizens to express their opinions or discontent is a country with no democratic values. In the aftermath of the Cold War and the era of dictatorships, freedom of the press has taken its time to flourish once again. Slowly, Latin American countries such as Peru and Argentina have managed to recover and to trust the press as they previously had. It seems like this time around however, democracy has become a permanent feature in the political systems, and will be for a long time. Even though both of these countries are only partially-free at the moment, one hopes the future is a bright one. For too long the story reflected by the freedom of the press in Latin America has been the story of oppression and disillusionment, it is time for the story to change.

Critical response to ‘Z for Zachariah’ by Robert C. O’Brien Essay

The book I read is ‘Z for Zachariah’ by Robert C. O’Brien. I enjoyed this book because it contained few but excellent characters and is full of mystery and suspense. ‘Z for Zachariah’ is about a sixteen-year-old girl, called Ann Burden who thinks she is the only person to survive a nuclear war. However, as her diary entries progress, you learn of a person in a green suit who is pulling what looks like a trailer covered with the same green material as the suit approaching Ann Burden’s valley. Later in the diary you find out that the person is a man who had been an industrial chemist before the war, working for the Government designing a suit to protect people in the event of a nuclear explosion. His name is Mr Loomis and he is wearing the only one of these suits. When Mr Loomis finally arrives in the valley, he is amazed by the fact that there is water, which appears to be safe but Mr Loomis makes one severe mistake. When he checks the water for the level of radiation with his Geiger counter he in fact checks the clean water in the stream but then goes on to venture further down the valley, where he finds Ann Burden’s home where the polluted Burden Creek is nearby. Once Mr Loomis has seen inside Ann’s house (where Ann has cleverly hidden any clues that could show the visitor that there has been people living there recently) he then proceeds towards Burden Creek in the hope of getting his first bath in probably months. However, not realising that the stream and Creek are not connected and in fact the Creek runs into the valley from over the hill where the pollution is, he jumps right in. Within a very short period of time after Mr Loomis has had his bath he became very ill, as he had been exposed to a lot of radiation. When Mr Loomis becomes sick Ann then realises she will have to help him and that is when she first shows herself. Ann’s diary entries take you through the events that happen when she is and is not in the company of Mr Loomis. My favourite part of the book is the first three diary entries. In these diary entries Mr Loomis has not yet arrived in the valley however Ann has seen smoke from over the hill for three days, which she presumes is from a human made fire because it is in a thin column that it rises. The smoke comes at the same time everyday, in late afternoon. Each afternoon the smoke is nearer to Ann’s home. I like this part of the book the most because in it you find out what it has been like for Ann being alone for so long because her family left her to look for other people and had never returned. It is interesting to read Ann’s thoughts of being excited and scared that she may in fact not be the only person left in the world. It is obvious why Ann would be excited about someone else coming into the valley but maybe not so clear why she would be scared. Ann is scared because after the nuclear explosion some radio stations had still broadcasted, but towards the end of them broadcasting the presenters seemed to be going crazy. Here is a quote from the second diary entry which will explain why Ann is scared â€Å"Suppose a car came over the hill, and I ran out, and whoever was in it got out – suppose he was crazy? Or suppose it was someone mean, or cruel, and brutal? A murderer? What could I do?† After this quote, you realise that Ann is a very sensible and careful person because she decides to move her things to a cave nearby her home and make it look as though no one has lived in her house. That way she can watch whoever is coming into her valley and if they are crazy or mean she can stay in the cave unbeknown to the visitor and wait until they leave. At the end of the third diary entry Ann has still not seen anyone but knows that they are camping at the crossroads and exploring North, South, East, West and when they come into the South they will find Ann’s valley. The most remarkable character in the book I think is Ann Burden. She is careful, mature, kind, helpful, sensible, confused, and strategic/logical. In the following paragraph I will explain why Ann Burden is all of the things I have just said: The reason I think Ann is careful is because when Mr Loomis is first entering the valley she goes to the cave to live there as she does not know if Mr Loomis is ‘safe.’ During the book ‘Z for Zachariah’ you realise that in fact even though Ann is only sixteen she is more mature than Mr Loomis who is quite a bit older than Ann. The proof that shows this, is all of the words I am using to describe her and she also thinks about having children to begin the human-race again. The words kind, helpful and sensible describe Ann well because when Mr Loomis is ill with radiation poisoning she helps him and is kind to him even though he’s a stranger. Also Ann still helps Mr Loomis after he tried to rape her – she gives him half of everything i.e. eggs, milk and chicken and lets him have the comforts of her home while she moves into the cave. It is obvious that Ann is confused, as she does not know why Mr Loomis is being so horrible to her especially when she has done everything she can to be nice to him and to help him. The last words to describe Ann are strategic and logical; I think these words describe Ann well because when she does not want Mr Loomis to find her she thinks about what he can and cannot see e.g. when she builds a fire she thinks about where and how to build it so Mr Loomis can’t see it – she also thinks about what time of the day to light it. The style of ‘Z for Zachariah’ is in diary form. Throughout the book there were not many figures of speech, however, there were a few similes, here is a quote from the book that describes Ann’s dog Faro when he has returned from the dead lands where there is radiation, in it there is a simile â€Å"as thin as a skeleton.† The structure of ‘Z for Zachariah’ is in chronological order, each event happening in an order that makes sense and makes the story more intense and interesting. During the book, there is not much direct speech as the genre of the book is in diary form so it contains more of the thoughts and feelings of Ann Burden. The themes in the book are effects of modern technology, survival, dominance, bullying, age against youth, optimism/realism, breeding, art v science and religion v atheism. In the following sentences, I will discuss the themes that occur in ‘Z for Zachariah.’ The first theme ‘effects of modern technology’ is the theme that allowed the story to occur because nothing in the book would have happened had there not been a nuclear explosion. The themes of survival, dominance and age against youth are all linked together and are in a way very similar to each other. These three themes are perhaps the strongest and most occurring ones throughout the book, I will explain why: survival of course is going to be a major issue, Ann is the one who thinks about this the most having thought of growing her own crops, so when the supplies run out in the shop she will still have food to survive, and that is just one example. Throughout the book Mr Loomis tries to be the stereotypical ‘Alpha male,’ he wants everything to be done his own way and to be done by him. For example when Ann said she would go into the town with the safe suit to collect books, even though Mr Loomis is still ill he refuses to let her go, perhaps thinking she is incapable or he could have been worried she wouldn’t come back with the safe suit, although I think the first scenario is more likely. The only time Mr Loomis seemed to let Ann do things her way is when he could not do things for himself, however, he never admitted it. ‘Age against youth’ is another strong theme as throughout the book you realise that Mr Loomis even though he is older he is not always wiser and more mature, in fact Ann is definitely the more mature of the two characters. Optimism and realism are two words that can explain Ann and Mr Loomis’ completely different personalities. Ann being the optimist who thinks that the results of an action will always be good and Mr Loomis being the realist he makes decisions based on facts and not on false hope. Throughout the book breeding is a theme, but more with Ann – she thinks towards the future and beginning the human-race again. The theme of art v science is one that occurs throughout the book. As Ann is interested in art and Mr Loomis is interested in science, a few quarrels occur between them. However, ‘quarrels’ is perhaps the wrong word because Mr Loomis always seemed to get his own way. Again, I will use the example of when Ann wanted to use the safe suit to collect some engineering and physics books for Mr Loomis; she also suggested that she get some for herself. Such as poetry. Yet Mr Loomis refused and said, â€Å"You could not go. Understand that. Keep away from the suit. Never touch it.† After Mr Loomis had given Ann his lecture, she could not understand why he had become so angry. It was alright if he wanted something but as soon as Ann wanted something to do with her interests, it was too much of a risk. Religion v atheism is a theme in the book. Ann being the religious one and Mr Loomis the atheist. I don’t think Ann is strongly religious, I just think she finds going to the church and praying a ‘comforting factor.’ Earlier I said Mr Loomis is an atheist. This means that he doesn’t believe that any god or gods exist, therefore he does not understand why Ann would want to go to the church and ‘waste her time’ praying. I enjoyed this book because there were few characters, which allowed you to get to know them better. I also liked the style of the book being in diary form because you didn’t have to read the minute by minute accounts of what is happening in the book you only get to read the exciting and more intense parts which would be written in a diary. The thing that made the book a little boring was the fact that there weren’t many different figures of speech. The length I though was too long, some parts of the book seemed to be dragged out to give it a longer length, for example when Mr Loomis is sick the book got a little boring because in the diary entries you really were only told what Ann had did that day, there wasn’t enough character interaction. One thing that I thought ruined the book was the ending, I thought it was exciting when you were told that there was hope that there could be other people still living and you wanted to keep reading and know if there was anyone else out there, but it just stopped. Taking the entire book into account my opinion is that it is quite good as I think it gives a good insight into what could happen if there is a nuclear explosion – it is realistic.

Rhetorical Analysis Seeing And Making Culture - 907 Words

Rhetorical Analysis: Seeing and Making Culture In ‘Seeing and Making Culture: Representing the Poor’ by Bell Hooks, issues involving the poor and the rich in the society are brought to light. Hooks addresses issues such as how the poor are viewed in the community, common assumptions about the poor, and how the poor are represented in the media. In her analysis, it is evident that those living in poverty are grossly misrepresented. This misrepresentation affects these people’s daily lives. Hooks first argument stems from the false assumptions that she has encountered about the poor. She takes us years back to her college days where students and professors were labeled as ‘mindless, unworthy, shiftless, dishonest, and lazy (paragraph5). To her, those experiences were a culture shock because having being brought up in poverty, she had always been taught that there is no correlation between poverty and personal integrity. Furthermore, a person could be a hard worker and still be poor. The values of a human being can’t and should not be based on material possessions. She states that it is horrifying to think that the poor have no values. According to Bell Hooks, had it not been for the upbringing in a poor household, she would neither be the prolific writer that she is nor have good values. All the aforementioned assumptions indicate how lowly the United States contemporary society regards the poor. The poor are never portrayed as who they really are. The author’s agenda is toShow MoreRelatedRhetorical Analysis : Seeing And Making Culture1053 Words   |  5 PagesInstr. Sarah McMahon Evelyn O’Brien Eng 122 8/30/15 Rhetorical Analysis I liked bell hook’s essay â€Å"Seeing and Making Culture: Representing the Poor†. Bell assesses the light in which higher class people view the poor or lower class. Bell hooks, also known as Gloria Watkins grew up in a small Kentucky town where her father worked as a janitor for the local post office. 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The paper depended on particular dialect we addressRead MoreUnderstanding Of Society s Portrayal Of The Poor1565 Words   |  7 Pages Emily,Vanessa,David Rhet 105-11am A Current Understanding of Society’s Portrayal of the Poor In this analysis we will be focusing on bell hooks’ essay, â€Å"Seeing and Making Culture: Representing the Poor.† In the essay bell hooks tackles issues about misrepresentation of poor people in today’s society and how the media can skew reality. She notes that society sees the poor as people who are sub par and unimportant, as well as possessing fruitless qualities such as laziness, shameRead MoreRhetorical Analysis Of Disneys Frozen1219 Words   |  5 PagesRhetorical Analysis: Disney’s Frozen Walt Disney Productions prestige is to never disappoint and their latest movie Frozen, is no exception. The movie centers around the lives of two sisters, kind-hearted Anna and the frightened Snow Queen Elsa. 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The Chin Family is the name of Stefano Giovannoni’s tabletop collection, which includes salt and pepper shakers that haveRead MoreRhetorical Analysis on Deborah Tannens Argument Culture1247 Words   |  5 PagesMeant!: How Conversational Style Makes or Breaks Relationship (1986), Talking from 9 to 5: How Women’s and Men’s Conversational Styles Affect Who Gets Heard (1994), The Argument Culture: Moving from Debate to Dialogue(1998), and I Only Say This Because I Love You (2001). In an essay from the book, The Argument Culture: Moving from Debate to Dialouge, Tannen discusses the controversy in the world when it comes to communication. Tannen focuses this essay on the way that society has used adversarialRead MoreThe Girl With The Dragon Tattoo Analysis1744 Words   |  7 PagesProfessor’s name: Course name: Date of Submission: The Portrayal of Women On the surface of the novel, â€Å"The Girl with the Dragon Tattoo† is a simple uncomplicated thriller, but at a deeper level, the novel is a complex and in-depth examination and analysis of the violent abuse against women in Sweden, particularly concentrating on the distorted and rather warped philosophies as well as the failure of the government that permit and accentuate such acts. More importantly, the novel plays the importantRead MoreOur Conversation About the Bible Essay examples1479 Words   |  6 PagesPrologue It all started with a conversation, no†¦an argument, no†¦a debate, no†¦a conversation. The conversation was with a friend over a topic that is a deeply contentious issue in our current culture. We disagreed. I have a fairly diverse friend-group so these types of arguments conversations happen quite often. What made this conversation unique was that our disagreement was not political in nature but biblical. In short, he thought the Bible was clear about this particular thing. I was less thanRead More Robert Pirsigs Zen and the Art of Motorcycle Maintenance Essay5286 Words   |  22 Pagesan awareness and acceptance of how our emotions and values shape our experiences. Further, he shows that technology, a manifestation of our values, may be controlled only through emotional and moral commitment. A restorative rhetoric, on Pirsigs analysis is, then, one in which the passions and values are recognized as the very ground of being in and interpreting the world. The crisis of reason As he begins his Chautauqua, Robert Pirsig finds himself in a twofold crisis. He characterizesRead More The Relationship of Photographs, History, and Memory Essay5378 Words   |  22 Pagesthat of her family and friends. The result is a complex visual experience that addresses the use of images in producing knowledge and making history. Photographs are re-collections of the past. This essay is about photography, memory, and history and addresses the relationship between photographic images and the need to remember; it is based on the notion that seeing is a prelude to historical knowledge and that understanding the past relies on the ability to imagine. At the same time, the role

Personal Narrative Machismo - 1500 Words

Machismo is a rather popular Spanish word meaning strong or aggressive masculine pride. I know this word so well that we could basically move in together because I have seen it take life before my own eyes for years now by my no one else but my father. This word has brought pain and suffering to my mother and by doing so has also inevitably harmed me. This word has shown me the ugly and the mean. But, this word has also shown me what I am and what I will not be and for that, I am grateful. The sun had started going down and the blazing heat that accompanied July with it as the stars and crickets started slowly making appearances. The day was coming to an end and I was sleepier than ever due to the intense heat that seemed to drain every†¦show more content†¦The only difference now, is that I am old enough to be the one to listen to my mother and let her vent out to me as she has never talked about this to anyone. My mother explains that she got into a heated argument with my father on their way back from the local little market because she undeniably caught him looking at another women in a way that she felt uncomfortable. Obviously, my father being the macho man that he often portrays to be, does not care about how she feels in the slightest about the situation because to him, that is what a man does. A man can look at whomever he pleases. A man can go wherever he pleases. A man can do whatever he pleases. I am confused to feel a tear drop onto my leg as I had not noticed that I was already swimming in a beach of my own tears. My heart hurt to see my mother breaking down like that. By that time, it was already so late in the night that all my siblings were already tucked in bed and sleeping ever so peacefully. My mother and I were the only ones still up as she could not get herself to go to bed with the man who had just broken her heart again. I often did not want to get involved in my parents’ conflicts because I tend to advice my mother on wh at her options are, such as divorcing him, leaving him, and moving away, but she always goes back to my father because she states that she was raised to stay by her husband’s side no matter what. â€Å"†¦ but I love him† sheShow MoreRelatedDon t Be Afraid Gringo1148 Words   |  5 PagesIn almost every culture, machismo (or patriarchy) exists. Women are considered to be inferior and are treated as if they were objects. It is fair to assume that all women have or will face abuse or oppression for the mere fact that they are women. In Honduras, machismo is the backbone of society. In the book Don t Be Afraid Gringo, Elvia Alvarado tells the story of the life of the Honduran campesinos (peasants) in the context of the military government of Osvaldo Là ³pez Arellano and the installationRead MoreGender Roles And Women s Careers1532 Words   |  7 Pagesthe understanding of this paradox lies with an appreciation of the gender role ideologies of marianismo and machism o, which socialize women and men differently across cultures. Gender role expectations have not completely disappeared from women’s experiences in their day to day professional interactions, and are not confined to members of traditional societies. When marianismo and machismo are not understood within the proper context, women’s overall self-esteem and successful career outcomes canRead MoreComparison Of Abrego And Diaz s Life876 Words   |  4 Pagesfamily home. The parallels were amusing but soon became uncomfortably similar. 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Stem Cell Research †Developing a Cross between Species...

Ethics of Stem Cell Research – Developing a Cross between Species The idea of a chimera, a cross between species, has been around since the mythological creatures of ancient Greece, such as the centaur (a man’s torso with a horses body) and the griffin (the wings, head, and claws of an eagle and the body of a lion). Today, due to our advances in biotechnology, we are seeing this mythology become a reality, but in a different respect. Human-nonhuman animal chimeras are being developed by injecting animal blastocysts with human embryonic stem cells. The cells need to be injected at the right point in development, after the body plan of the animal has formed and before the immune system develops. It is done at this time to avoid†¦show more content†¦The chimeras could also provide more accurate animal models for research. With all the good that may be on the way with the present findings, the ethical issues and potential for abuse of this knowledge is both heavy on the heads of scientists. In the 1998 article by Rick Weiss, the â€Å"human-animal chimera† seems off limits, however the research is now well underway. The article was published in the Washington Post and shows how we have strayed from our original intent: â€Å"In an unusual move applauded by ethicists and government officials, the university association holding patent rights to Thomsons cells said that anyone wishing to work with the cells will have to sign an agreement promising not to use them to clone an individual or to make a human-animal chimera, a seamless cross-species hybrid that could, in theory, be made by injecting human stem cells into a developing embryo of another species.† (Weiss, 1998) Other issues include the possibility of increasing the intelligence of the animal. Determining what human-like attributes the animal will develop is not easy to determine. Cautionary measures should also be made to insure that we do not create a slave-race. Throughout history, humans have always used discriminatory factors to generate a hierarchy, such as race, religion, or nationality. Another issue is that it mayShow MoreRelatedGenetically Modified Organisms And Stem-Food Report1053 Words   |  5 PagesWith reference to a recent news report analyse how genetically modified products are created and evaluate the use of stem cells to combat disease. Genetic modification is the manipulation of DNA in an organism. It involves extracting a gene from one organism then inserting it into another organism that is usually of a different species but can be the same. The genes can also be manufactured instead of being extracted from the organism. 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The Opposition With GMOs on the rise, consumers are increasingly choosing to go exclusively organic, but on what basis are they choosing to do so? As said by Lord May of Oxford, â€Å"†¦ there has always been initial distrust of new ideas and new technologies† (qtd. in Cook 34). In truth, all the resentment towards GMOs stems from the fear of new technology; only in the latterRead MorePlant Disease And Control Strategies For Plant Diseases Essay4993 Words   |  20 Pagescancrosis A, brought about by Xanthomonas campestris pv. citri, is a damaging problem of such products as grapefruit, sweet orange and tangelo. In any case, satsuma mandarin, Ponkan and Hassaku orange are impervious to the problem. Resistance of citrus species to ulcer, considering inalienable as well as obtained attributes. Secondly, This essay gives a basic understanding of the disease which includes symptoms and its annual disease cycle. Annual disease cycle comprises of the survival, dispersal, infection

Business and Corporate Law Effective Functioning of Business

Question: Discuss about the Business and Corporate Law for Effective Functioning of Business. Answer: Business contracts and their enforceability is essential part of the effective functioning of the businesses. In this context, this report analyses whether contract is enforceable or not in the given situations. 1. Situation (a) Jane is going overseas and offers to give her Lotus super 7 sports car to Jack. The market value for this vehicle is around $25000. Jack accepts. The issue is to identify whether consideration is present and the agreement is legally enforceable. Analysis Consideration is necessary to forming a valid contract. According to the Australian contract law, consideration can be defined as the price of a transaction between two parties. In consideration there are two parties, one is promisor and another is promisee (Dickinson, et al. 2014). In many jurisdictions, it is stated that there is no need to consideration in each and every exchange for a legal contract. In this given case there is no availability of consideration. In this situation market value of the sport car is given which is not worthwhile for the consideration. Jane is offering super 7 sports to jack, and he accepts this offer. However, no clarification of consideration is given, that Jack will give this much money to Jane. According to Australian law, only accepting the offer does not turn into contract. For a valid contract there should be some legality of consideration (Mitchell, et al. 2016). On the other hand, this contract is not enforceable because in this case there is no consideration. Related case: In case of White and Bluett (1853), father lent money to his son and said to stop complaining about the distribution of property among his children. After dying his father estate sue to pay the debt. In this there is not presence of consideration so this contract cannot be enforced by law. Conclusion: In the given case, the consideration is not present and hence this contract is unenforceable by law. Situation (b) Jane offers to sell Jack her Lotus super 7 sport car for $25,000 which is also equal to its market value. Jack accepts. The issue is to identify whether consideration is present and the agreement is legally enforceable. Analysis In the second case, Jane is offering the sport car for $25000, and jack accepts the offer to purchase the car. In this case the consideration is present because the value of the car is disclosed by the Jane and acceptance of this offer by jack, also depict the legality of contract. On the other hand, the price of car is offered is also worthwhile according to the market value of car. Along with this the two parties are performing the action of contract in exchange of car. On the other hand, the consideration is also moving from the promissor. According to the Australian contract law, consideration should have value but need not to be adequate (Round, 2013). as well as in this case the value of car is sufficient as Jane offers to Jack. In this case, Jane and Jack agreed upon the promise of purchasing and buying car. This contract is enforceable by law because all the legality related to the consideration has been fulfilled. As in this situation Jack accepting the agreement of contract, leads into enforceable by law. In this case the contract law of Australia is applicable to perform the action by two parties. Related Case: In case of Beaton v Mcdivitt (1987), Mcdivitt promised to transfer the portion of her land to the Beaton. Beaton moved to work on the land and worked as he required. After seven years, a dispute arose between the two parties, and Beaton was ordered off. In this case the consideration had been provided for working on the land. On the other hand in this case, the consideration was also sufficient (Australian Contract Law, 2010). Conclusion: Adequate consideration is present and the agreement is enforceable. Situation (c) Jane offers to sell her car for $2500 which is very low as compared to the market price of $25,000. Jack accepts the offer. The issue here is to identify whether the consideration is present and whether the agreement is legally binding to both the parties. Analysis: In this situation, it is clear that the consideration is present and thus, Jack has an enforceable agreement or contract. This is because an offer for sale was made and communicated by an offeror in return for a consideration and the acceptance of offer was communicated by the offeree to the offeror (Latimer, 2012). However, this situation reflects a case of inadequate consideration. As per the Contract Act, a contract made with inadequate consideration is not considered as void. As long as there is some consideration, the courts are not concerned about its adequacy. Consideration must be sufficient and should have legal value (Gibson and Fraser, 2012). Thus, for an agreement to be valid, the consideration need not be adequate. The adequacy of the consideration is something that can be decided by the parties involved in the contract. The consideration is considered to be sufficient if it is not illusionary, tangible and has some economic value (Clarke and Clarke, 2016). Moreover, a consideration should not be past. This means that a promise, if given after the goods has been exchanged or act performed is not enforceable. Conclusion: It can therefore be concluded that in this case Jane is offering her car for a consideration of $2500. Even though this consideration is inadequate, it contains economic value in the eyes of law. Also, since the offer and acceptance is communicated by both the parties, the agreement is enforceable by law. Therefore, Jack has entered an enforceable agreement. 2. Situation In this case, a ship maker company goes into a contract with North Ocean Tankers to build tankers. In this contract, no provision is included that contains the provision for currency fluctuations. But, after the devaluation of currency of United State by 10 percent, the ship maker demanded more US$3 million as compensation otherwise it would stop the construction of tankers. Therefore, North Ocean Tankers Company reluctantly agreed to pay more because it already booked a charter for the delivery on time. Now, the North Ocean Tanker Company wants to recover the exceed money after nine months of tankers delivery. Now, here the issue is whether buyer or North Ocean Company will succeed in recovery of excess money or not. Analysis Contract Law: A contract is a legally valid agreement between two or more parties. It makes the contractual relationship by different elements such as offer, acceptance, and valid consideration between each party (Mckendrick, 2012). In the above case, the contract is made between ship maker and North Ocean Company with a valid legal acceptance and consideration. But, this contract includes only sales provisions and considerations of tankers and does not include any type of consideration about currency fluctuations. Therefore, Duress law can be applied in this case which is described as below: Duress Law: In a contract, when an individual enters into an agreements as a result of threat than, that person goes to a contract law termed as Duress law. In other words, Duress refers to a situation where an individual acts as a result of threats, violence, and pressure from other person or party (Poole, 2014). Moreover, in Duress law only unlawful physical violence is considered as threats but in present time the courts have identified much economic duress in various situations or cases which is used as unlawful economic pressure. In Duress law there is no free consent as a vitiating aspect in context of contract law. Duress in contract law functions as a common law. The Duress law gives a rise to an action without the amounting of pressure for undue the influence of equity. The effect of finding undue influence and duress is that the contract will be voidable (Sullivan and Hilliard, 2014). But, the doctrine of Duress provides a wide scope for unlawful activities. From the analys is, it is found that duress may be of three types such as duress to the person, duress to goods, and economic duress. There are described as below: Duress to the person: Duress of the person refers to the threats of violence, and violence from other persons, whether it may be intended or actual. Beside this, there is no need of claimant in threat of violence (Holmes, 2013). The need of complainant is to prove that the pressure was the main reason to enter in contract. Duress to Goods: Duress of goods relates to threats by one party to another by seizing of goods and property through illegal way. In respect of duress, it is analyzed that the position of goods is seem likely not to survive if it is veteran in court. But, to achieve the claim in court it is essential for one party to demonstrate that another party made extremely pressure and leave no other alternative to avoid this threat (Laws, 2014). Economic Duress: In economic duress, one party makes illegal economic pressure in order to include another party in the contract (Rudolph, 2013). In concern of the given case study, the shipbuilder made economic duress on North Ocean Tankers to enter in the contract by demanding extra US$3 million due to the decline in value of currency as a result of unstable economic environment. In this context, the buyer has the right to recover excess money paid to shipbuilder. In economic duress, it is not essential for North Ocean Tankers to prove that the shipbuilder exerted pressure to enter in the contract. It is because economic duress alone is the big and main reason that forces another party to enter in the contract (Gearey et al, 2013). Similarly it is found that, the duress always makes a contract voidable and provides the right to recover the losses to injured party in terms of goods and money (Samuel, 2013). Moreover, the victim party can sue the other party for threats that are considered unlawful in the eyes of law. Related Case: For example, in the Universe SentinelCase, Liberian registered ship was black listed by a trade union. As a result, no any pull boats would be available, so the ship could not navigate and hence terrible consequences followed. The unions maintained a payment from its welfare fund as a condition to remove the name of the ship from the blacklist. In this case the owner of the ship is liable to pay the money to the union. The union may successfully claim for the recovery of the money under the doctrine of economic duress. Conclusion: In concern of the above case, it can be concluded that North Ocean Tankers has the right to recover the excess payment from the shipbuilder. It is because, the demand of extra US$3 million will be considered as illegitimate and economic pressure on the buyer was exerted that will make this contract voidable. Along with this, there was no alternative left for the North Ocean Tankers against the protest by shipbuilder in order to resist the pressure to stay on the contract. Additionally, protest by shipbuilder including threats to breach the contract makes the contract voidable in the court and provides the right to buyer to recover excess money from the shipbuilder. Reference Australian Contract Law (2010) Beaton v Mcdivitt [online] Available at: https://www.australiancontractlaw.com/cases/beaton.html (Accessed: 17 August, 2016) Clarke, P. and Clarke, J. (2016) Contract Law: Commentaries, Cases and Perspectives, 3rd edn. Australia: Oxford University Press. Dickinson, A., Keyes, M. and John, T. (2014) Australian Private international Law for the 21st Century: Facing Outwards. UK: Bloomsbury Publishing. Gearey, A., Morrison, W. and Jago, R. (2013) The Politics of the Common Law: Perspectives, Rights, Processes, Institutions. USA: Routledge. Gibson, A. and Fraser, D. (2012) Business Law, 6th edn. Australia: Pearson. Holmes, O. W. (2013) The Common Law. USA: Courier Corporation. Latimer, P. (2012) Australian Business Law 2012. Australia: CCH Australia Limited. Laws, J. (2014) The Common Law Constitution. UK: Cambridge University Press. Mckendrick, E. (2012) Contract Law: Text, Cases, and Materials. USA: OUP Oxford. Mitchell, R., ODonnell, A., Marshall, S. and Ramsay, L. (2016) Law, Corporate Governance and Partnership at Work: A Study of Australian Regulatory Style and Business Practice. USA: Rouledge. Poole, J. (2014) Textbook on Contract Law. UK: Oxford University Press. Round, D. K. (2013) The Australian Trade Practices Act 1974: Proscriptions and Prescriptions for a More Competitive Economy. Germany: Springer Science Business Media. Rudolph, J. (2013) Common Law and Enlightenment in England. UK: Boydell Press. Samuel, G. (2013) A Short Introduction to the Common Law. UK: Edward Elgar Publishing. Sullivan, J. and Hilliard, J. (2014) The Law of Contract. UK: Oxford University Press.

Sustaining the transformation free essay sample

This book puts emphasis on the transformation of an American citizen into a marine and the importance of sustaining the change. It is imperative because our war fighting ability depends on a lasting transformation not only during the time of the individual’s Marine Corps career but also when he or she returns to their civilian communities. 2. General plot/story line: The Marine Corps does two things: make marines and win our nation’s battles. Winning battles depend on how well we make marines. Those who have earned the title have been polished and honed by attentive mentoring. We have to remember that to sustain the transformation because it ensures that the flame of enthusiasm does not wane. The reason for such a juristic transformation from a normal citizen to a marine was because we saw a change in the operating environment where our marines would be deployed to and to prepare them for future battles. We will write a custom essay sample on Sustaining the transformation or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The way of fighting has truly changed in the 21st century, because now we fight in decentralized operations, we use advanced technology, increasing weapons lethality, mixing of combatants and non-combatants along with urban combat. To succeed in ever changing operating environments, marines need to be good decision makers, trained to the highest standards and self-confident. In order for NCOs, staff NCOs and officers to help implement ways to sustain the transformation, they need to first understand the different phases of transformation: Phase 1: Recruitment. Recruiters screen young people with solid character, good moral standards and personal values. Phase 2: Recruit Training. The Drill Instructor becomes the next person to transform the individual’s life. They become their role models. The recruits will learned that they can exceed their own personal limitations through teamwork, perseverance, and courage. Phase 3: Cohesion. Once in the fleet, leaders must try to strengthen the cohesion that was born during recruit training because it binds marines together. Cohesion could be implemented by: A. Individual morale: leaders must know our marines and look out for their welfare. B. Confidence in the unit’s combat capability: The longer marines serve and train together in a unit the more effective they become and the more confident they are in their unit’s capabilities. Success in battle can be attributed to a unit’s overall confidence in its level of performance. C. Confidence in unit leaders: It is earned as marines spend time in company of their seniors and learn to trust them. Leaders must earn the respect of their marines. D. Horizontal cohesion: Peer bonding of a sense of trust and familiarity between individuals of the same rank. Enhanced personnel stability promotes familiar and effective working relationships. E. Vertical cohesion: Mutual sense of trust and respect among individuals of different rank. Leaders that show concern for their marines and lead by example will earn the trust and respect of their subordinates. Ultimately, it increases fighting power, provides positive peer pressure and reinforces our core values. Phase 4: Sustainment is continuous. Implement wherever practicable: †¢Deployment †¢Family day †¢6-month recognition †¢Unit training and exercises †¢Unit events †¢Battle anniversary †¢One month recognition †¢In-briefs †¢Graduation and unit reception †¢Command involvement Phase 5: Citizenship. People transformed by their marine experience and enriched by their internalization of our ethos, ideals and values become a legacy of productive citizens. They are transformed by their experiences while on active duty and enriched by their internalization of our ethos, ideals and values. 3. What I learned from this book: What I learned from this book is that although we’ve all earned the title marine, our core values and ways doesn’t just end at the conclusion of boot camp, we have to bring it with us to the fleet and eventually use our Military teachings back with us as citizens. We can contribute good into our communities because our customs and curtsies, respect, core values, adaptation abilities, leadership traits, etc. , would be what sets us out to be different than the general population. 4. Why others should/should not read this book: I feel that marines of all ranks should read this book. Near the end of boot camp, I remember my Drill Instructors telling my platoon about how terrible marines sometimes acted when they were clearly taught otherwise in boot camp. I remember them telling me that they wanted to be a Drill Instructor because they wanted to make a positive and long lasting impact on people. They also told us that no matter how hard they’ve trained and honed us in the way they wanted us to be, as soon as we leave, we would still be whoever we wanted to be, it would be our choice whether or not to keep those teachings with us. And they were right, I’ve met a lot of marines that have abandoned them. This book emphasizes on the importance of keeping our transformation, not only for our Marine Corps career but also for the good of our communities.