Sunday, January 19, 2020

The Debate Concerning the Legalization of Marijuana :: Legalization Marijuana Drugs essays papers

The Debate Concerning the Legalization of Marijuana The debate over the legalization of marijuana is long standing and will continue indefinitely for years to come. Both sides of this issue are passionate in their positions and provide strong arguments to support their stands. After reviewing all the information, I understand each argument but I feel strongly that it would do our country more good than harm to decriminalize marijuana. Aside from what the government would like you to think, there are actually positive effects that come from the use of marijuana. Perhaps the most popular current controversy dealing with the ongoing war on drugs is legalizing marijuana for medical purposes. As of August 1999, five western states - Alaska, Arizona, California, Oregon and Washington - passed laws legalizing the medical use of marijuana. Over the past two decades, more than 20 states and the District of Colombia have passed measures recognizing marijuana’s therapeutic value, but those did not authorize cultivation as the new measures do. Some states have made progress towards helping the chronically ill, but those in other states who are experiencing the same symptoms and dying from the same diseases deserve the same treatments. It may be a slow process, but we can only hope that every other state cares enough about their people to give them the best therapy for their illness as well. Jeff Jones, executive director and co-founder of the Oakland Cannabis Buyer’s Cooperative, remembers being 14 years old and watching his father die an agonizing death from kidney cancer. â€Å"Exactly four months after my dad passed away, I heard on CNN about Judge Young’s recommendation that marijuana should be made available for treating things like chemotherapy-induced nausea. I’ll tell you the message I got: that the federal government had been withholding valuable medicine and was indifferent to the suffering of its citizens.

Saturday, January 11, 2020

George Westinghouse’s Biography

Most people know the name Westinghouse as the name of an appliance, but where did the name come from? Many people may not know that George Westinghouse was not only an inventor, but a visionary. George Westinghouse's many inventions fed the Industrial Revolution that swept through America in the latter part of the nineteenth century. The Industrial Revolution brought many changes to the United States. Even though America was progressing, many ill effects were brought on by this expansion. Westinghouse was one of the Industrialist that actually cared about the many problems he saw in urban America. Westinghouse, at the age of forty-two, could no longer ignore â€Å"the evils of social upheaval created by too rapid industrial development†(Levine, 2). George Westinghouse wanted something done, but it looked as if he was the only one that would do it. George Westinghouse had influenced many areas of his era and ours. His many inventions, his good-willed policy toward his work! ers and his business practices have affected all of us; but nothing will compare to the influences that he left on our country's upper-class – the concept that they had a responsibility toward the society that had made them who they were. George Westinghouse was born eight of ten children into a middle class family on October 6, 1846. Westinghouse's father ran a small machine shop in Schendectady, NY, that manufactured mostly farm implements; as a result, Westinghouse was introduced to the world of machines at a very early age. Due to curiosities he found during the Civil War, in which he served in both the Northern Army and the Navy, Westinghouse invented a rotary steam engine. At age nineteen, this was his first patented invention; however, the design proved to be impractical. Despite his troubles, Westinghouse went on to invent a device for placing derailed railroad cars back on their tracks. The next year, Westinghouse was riding on a train that was suddenly brought to a stop to avoid a wrecked train on the tracks ahead. The brakes that were in use on trains around the world at this time were operated manually. Westinghouse knew that there must be a safer and quicker way to stop a train. After observing rock drills, that used compressed air to drill tunnels through mountains, Westinghouse wondered if the use of compressed air could be applied to brakes. This led to one of Westinghouse's most famous and most influential inventions ever. Westinghouse did not know it, but he was on his way to changing the course of the nation. However, at age twenty two, his new air brake and he got little attention. â€Å"If I understand you, young man, you propose to stop a railroad train with wind. I have no time to listen to such nonsense,† said Commodore Cornelius Vanderbilt, one of the most powerful railroad owners of the time (Compton's,4). Finally, on a small railroad outside of Pittsburgh, Pennsylvania, Westinghouse was able to try out his new air brake. On the trial run, the train came to a crossing where a farmer's wagon had broken down. Upon seeing this, the locomotive's engineer applied the new braking system. Too everyone's surprise, the train was jolted to a halt; furthermore, the train was stopped yards in front of the farmer's wagon. Even though almost everyone did fall out of their seat, this was the beginning of Westinghouse's influence on the world. Eventually, the Railroad Safety Act of 1893 would â€Å"make air brakes compulsory on all U. S. trains†(Britannica, 6). At this point, Westinghouse established the Westinghouse Air Brake Company. By 1869, already, Westinghouse's success was almost guaranteed. George Westinghouse's next frontier was railroad signaling. With the ever increasing use and expansion of railroads, signaling became a major problem. He created a signaling system using compressed air and electricity; thus, the Union Switch and Signal Company was founded in 1882. Indeed, Westinghouse helped the railroads greatly. With his railroad inventions, railroads became safer; accordingly, leading to the instillation of railroad passengers with confidence. He also created a more profitable operation for the railroads. The bigger profits that were made by the railroad barons, the more they invested and the faster the Industrial Revolution took place. In this fast growing economy, Westinghouse, who was now financially stable, started to tinker with electricity and natural gas. With a well drilled in his yard, Westinghouse developed and marketed a system for the control and distribution of natural gas in Pittsburgh. Today's natural gas industry â€Å"owes its existence to Mr. Westinghouse†(Shumaker, 4). Using the knowledge gained from his work in natural gas, Westinghouse developed a theory for the distribution of electricity. He imported both a motor and its inventor, Nikola Tesla, from Europe. With the help of Tesla and three American engineers, Westinghouse developed a new electrical transformer that allowed electricity to be carried over long distances; however, Westinghouse's design used alternating current, while such people as Thomas Edison used and were promoting direct current electricity. This started the â€Å"Battle of the Currents†, as it was called (Corporate, 1). The advocates and financiers, led by Edison, of the DC system immediately tried to discredit Westinghouse's use of the AC system as soon as his Alternating Current components were made available on the market. These people charged that AC power was a menace to society. As if they did not do enough already to deface Westinghouse, they successfully had the state of New York install a Westinghouse AC generator as the official means of executing death sentences. These charges were untrue; therefore, they were insufficient in the suppressment of the use of AC power. AC power was given credibility when Westinghouse won the contract to light the Columbian Exposition held in Chicago in 1893. It was said to be a â€Å"dazzling spectacle of a quarter of a million lights that stole the show†. Reflecting the â€Å"Battle of the currents†, Nikola Tesla later wrote, â€Å"George Westinghouse was, in my opinion, the only man on this globe who could take my alternating-current system under the circum! stances then existing and win the battle against prejudice and money power. He was one of the world's true noblemen, of whom America may well be proud and to whom humanity owes an immense debt of gratitude† (Corporate, 1) . On January 8, 1886, with a stroke of the Governor of Pennsylvania's pen, the Westinghouse Electric Company was granted a charter. This company, which would turn out to be the most important of George Westinghouse's many companies, had two-hundred employees and was located in a rented building in Pittsburgh's Garrison Alley Section. By this point in his life, Westinghouse had founded a few other companies. His air brake company had been expanded to France, England and Germany. This idea of a company going world-wide was relatively new. This led a surge of American companies to expand beyond the United States; American influence was being spread around the world. Westinghouse had also founded a machine shop in Pittsburgh in 1881. Westinghouse was very different from most of the other American Industrialist. From the start, Westinghouse was not motivated by money or power. He was motivated by knowing that his inventions and other work would be used to help mankind. Within two years after the Westinghouse Electric Company was founded, the company had grown from the original two-hundred employees to more than three thousand employees by 1888. By 1890, the Westinghouse Electric Company sales totaled four million dollars; Westinghouse had also installed more than three-hundred electrical generators including Niagara Falls, by this time. Westinghouse's business practices were very different than the business practices of they day. Westinghouse clearly was not a businessman, yet because of his dreams, he successfully ran his businesses in a way that baffled many businessmen. From the start, Westinghouse was concerned with the welfare of his employees. His employees were his prime consideration in any business decision. Westinghouse's workers had a six day, fifty-five hour work week. This work week included five ten hour days, Monday through Friday, and a five hour day on Saturday. It seemed strange to other employers of the time to give employees a half-day on Saturday, but this was part of Westinghouse's philosophy. Another benefit of working for Westinghouse was the pension plan. One of the earliest known, Westinghouse provided a pension for each of his workers. The employees of Westinghouse's businesses also received medical coverage. If an employee fell sick or was injured, he and his family would receive money from the compensation fund to live, and the finest medical services available would be given to the worker. A Veteran Employees Association was formed. Any employee with twenty years or more of service could join. This evolv! ed into the formation of a Grievance Committee made up of three shop men and three management personnel. The Grievance Committee would form to resolve such issues as the following: working conditions, working methods, and limits of the workers. Westinghouse's Grievance Committee set the path for labor reform in America. Westinghouse revolutionized the way the American employee worked; hence, Westinghouse was received as the best boss in Pittsburgh. Consequently, he won the resentment of the other employers in Pittsburgh and eventually the country. Westinghouse became famous to every citizen by a means different than his inventions. Westinghouse actually created his own town. Westinghouse became perplexed with the problems that he saw in Pittsburgh; The town had grew from a small city to a booming industrial mecca-center filled with smoky factories and pollution filled avenues. He watched the people work long hours, many were immigrants and others were Native Americans in search of a decent living; furthermore, they came home at night to horrible run down homes where sickly children played in piles of rubbish and rarely attended school. Crime, disease and alcoholism were becoming the image of the industrial world. Westinghouse knew that it could be better than this. He knew that all this progress was not for the working class to become illiterate, diseased and delinquent and for the rich to become isolated and forgetful of what they see. George Westinghouse wondered why nobody did anything about it. Politicians ! would not address it, the upper class would not mention it, and the workers were too busy in their rat race to care. Westinghouse decided he must take action. Westinghouse began reading up on the problem. He read of experiments in Denmark and Sweden where model communities where being made by business and government officials. Westinghouse knew what he would have to do, but it was a very risky move; nevertheless, George had learned not to be frightened off by bold ideas. George Westinghouse contacted a leading architectural firm and told them â€Å"I want you to design a factory and surround it with a town,†(Levine, 2). He visioned a town of state-of-the-art factories, a research laboratory, good schools, community centers, a hospital and inexpensive houses for the employees. Running water and electricity would be standard. In 1890, the Westinghouse Air Brake Company was completely moved to the new site, called Wilmerding, Pennsylvania. The workshops had the â€Å"most modern lighting, heating, ventilation and safety facilities,†(Levine, 2). Each house in the town had a complete indoor bathroom, electric lighting, and natural gas out! lets for cooking and heating. The houses had a lawn with grass, shrubbery, and trees. The houses were rented to the workers with an option to buy. For the children, there were the following: schools that were brightly decorated to attract them to stay, a community center with gymnasiums, a library and meeting rooms. Westinghouse had really out done himself this time thought the whole country; nevertheless, George Westinghouse felt that he had accomplished his greatest achievement, and indeed he had. Westinghouse's model community sent a silent shock-wave to the upper class society of America. Westinghouse was telling these people that they had a responsibility to society. The age of a two class society was over. The American worker now had rights and had power. It took a decade or two, but Westinghouse's vision of America as an Industrial power eventually took shape with the help of the labor movement. Unfortunately, Westinghouse lost control of most of his companies in the financial panic of 1907; this was mostly due to the negative attitude toward him by other employers, his financial backers and his stockholders. Westinghouse died on March 12, 1914; it was a sad day at the Westinghouse companies. A man who cared, a man who listened, a great man was gone forever. George Westinghouse and his wife Marguerite, to whom he credits his success, are buried in Arlington National Cemetery outside Washington, D. C. Overall, millions, if not billions of people have benefi! ted from his companies, inventions, and his visions. Would you have safe, odorless, and efficient lights in your house; would you see an illuminated advertisement on the highway; or would you have a paid vacation if it was not for George Westinghouse? He invented all those things. How about your pension? The hundred largest pensions in the U. S. â€Å"have assets exceeding two trillion dollars,†(Muhlenkamp, 3). That is something George Westinghouse would have enjoyed to see.

Friday, January 3, 2020

The Ethical Dilemma Of Palliative Care - 1426 Words

Diploma of Nursing Teacher’s name- Rachel Gilder 12 May, 2016 Ethical dilemma essay An ethical dilemma is a difficult situation that usually involves a conflict between moral obligations, in which to obey one would result in disobeying another (Murphy, 1997). Sedation is an ethical dilemma in palliative care because on one side it helps to relieve suffering for patients who are terminally ill and almost at the end of their lives. However, at the same time, sedation is making the patient deprived of certain bioethical principles such as autonomy, the main issue with palliative sedation is that it prohibits the patient from changing his or her decision, once sedation is commenced and informed consent also becomes complex (Cooney, 2005). The writer is in the favour of palliative sedation because it is an effective symptom controlled strategy for the patients who are nearly at the end of their lives. Moreover, it is believed that by providing sedation to a patient induce unconsciousness, which makes the patient completely unaware of the external world and tend to reduce the suffering by considering ethical and moral principles. However, some people think palliative sedation as euthanasia, which cause death because of making the patient deprive of nutrition and hydration while giving sedation. Ethical principles are going to be discussed in this essay such as autonomy, beneficence, non- maleficence and justice. Moreover, this essay also going to put light on current researchShow MoreRelatedEthical Dilemm Ethical And Ethical Dilemmas1610 Words   |  7 PagesEthical dilemma is an issue that has no satisfactory resolution. A conflict between two ethical standards and situations can result in ethical dilemma. The ethical behavior of an individual is determined by the cultural norms and the societal norms. This develops a sense of right and wrong which helps in decision making. 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For most nurses, caring for a dying elder (individual aged 65 years and above) is a discrete, time-limited experience that begins with first contact, often in a hospital, emergency room, or long term care facility, and ends with the death itself (PhillipsRead MoreWhy Physician Assisted Suicide Should Be An Available And Accessible Option For Patients1551 Words   |  7 Pagesbe added to that. Palliative care, defined by the World Health Organization (WHO), is an approach that improves the quality of life of patients and their families facing the problem associated with life-threatening illness, through the prevention and relief of suffering by means of early identification and impeccable assessment and treatment of pain and other problems, physical, psychosocial and spiritual. (Palliative Definition, N.D., para. 1) The fact that t his type of care exists could be used

Thursday, December 26, 2019

Hansel y Gretel A Classic Childrens Story in Spanish

Hansel y Gretel vivà ­an con su padre, un pobre leà ±ador, y su cruel madrastra, muy cerca de un espeso bosque. Vivà ­an con muchà ­sima escasez, y como ya no les alcanzaba para poder comer los cuatro, deberà ­an plantearse el problema y tratar de darle una buena solucià ³n. Una noche, creyendo que los nià ±os estaban dormidos, la cruel madrastra dijo al leà ±ador: —No hay bastante comida para todos: maà ±ana llevaremos a los nià ±os a la parte mà ¡s espesa del bosque y los dejaremos allà ­. Ellos no podrà ¡n encontrar el camino a casa y asà ­ nos desprenderemos de esa carga. Al principio, el padre se opuso rotundamente a tener en cuenta la cruel idea de la malvada mujer. — ¿Cà ³mo vamos a abandonar a mis hijos a la suerte de Dios? Quizà ¡s sean atacados por los animales del bosque? —grità ³ enojado. —De cualquier manera, asà ­ moriremos todos de hambre —dijo la madrastra y no descansà ³ hasta convencer al dà ©bil hombre de llevar adelante el malà ©volo plan que se habà ­a trazado. Mientras tanto los nià ±os, que en realidad no estaban dormidos, escucharon toda la conversacià ³n. Gretel lloraba amargamente, pero Hansel la consolaba. —No llores, querida hermanita —decà ­a à ©l—, yo tengo una idea para encontrar el camino de regreso a casa. A la maà ±ana siguiente, cuando salieron para el bosque, la madrastra les dio a cada uno de los nià ±os un pedazo de pan. —No deben comer este pan antes del almuerzo —les dijo—. Eso es todo lo que tendrà ¡n para el dà ­a. El dominado y dà ©bil padre y la madrastra los acompaà ±aron a adentrarse en el bosque. Cuando penetraron en la espesura, los nià ±os se quedaron atrà ¡s, y Hansel, haciendo migas de su pan, las fue dejando caer con disimulo para tener seà ±ales que les permitieran luego regresar a casa. Los padres los llevaron muy adentro del bosque y les dijeron: —Quà ©dense aquà ­ hasta que vengamos a buscarlos. Hansel y Gretel hicieron lo que sus padres habà ­an ordenado, pues creyeron que cambiarà ­an de opinià ³n y volverà ­an por ellos. Pero cuando se acercaba la noche y los nià ±os vieron que sus padres no aparecà ­an, trataron de encontrar el camino de regreso. Desgraciadamente, los pà ¡jaros se habà ­an comido las migas que marcaban el camino. Toda la noche anduvieron por el bosque con mucho temor observando las miradas, observando el brillo de los ojos de las fieras, y a cada paso se perdà ­an mà ¡s en aquella espesura. Al amanecer, casi muertos de miedo y de hambre, los nià ±os vieron un pà ¡jaro blanco que volaba frente a ellos y que para animarlos a seguir adelante les aleteaba en seà ±al amistosa. Siguiendo el vuelo de aquel pà ¡jaro encontraron una casita construida toda de panes, dulces, bombones y otras confituras muy sabrosas. Los nià ±os, con un apetito terrible, corrieron hasta la rara casita, pero antes de que pudieran dar un mordisco a los riquà ­simos dulces, una bruja los detuvo. La casa estaba hecha para atraer a los nià ±os y cuando à ©stos se encontraban en su poder, la bruja los mataba y los cocinaba para comà ©rselos. Como Hansel estaba muy delgadito, la bruja lo encerrà ³ en una jaula y allà ­ lo alimentaba con ricos y sustanciosos manjares para engordarlo. Mientras tanto, Gretel tenà ­a que hacer los trabajos mà ¡s pesados y sà ³lo tenà ­a cà ¡scaras de cangrejos para comer. Un dà ­a, la bruja decidià ³ que Hansel estaba ya listo para ser comido y ordenà ³ a Gretel que preparara una enorme cacerola de agua para cocinarlo. —Primero —dijo la bruja—, vamos a ver el horno que yo prendà ­ para hacer pan. Entra tà º primero, Gretel, y fà ­jate si està ¡ bien caliente como para hornear. En realidad la bruja pensaba cerrar la puerta del horno una vez que Gretel estuviera dentro para cocinarla a ella tambià ©n. Pero Gretel hizo como que no entendà ­a lo que la bruja decà ­a. —Yo no sà ©.  ¿Cà ³mo entro? —preguntà ³ Gretel. —Tonta —dijo la bruja—, mira cà ³mo se hace —y la bruja metià ³ la cabeza dentro del horno. Rà ¡pidamente Gretel la empujà ³ dentro del horno y cerrà ³ la puerta. Gretel puso en libertad a Hansel. Antes de irse, los dos nià ±os se llenaron los bolsillos de perlas y piedras preciosas del tesoro de la bruja. Los nià ±os huyeron del bosque hasta llegar a orillas de un inmenso lago que parecà ­a imposible de atravesar. Por fin, un hermoso cisne blanco compadecià ©ndose de ellos les ofrecià ³ pasarlos a la otra orilla. Con gran alegrà ­a los nià ±os encontraron a su padre allà ­. à ©ste habà ­a sufrido mucho durante la ausencia de los nià ±os y los habà ­a buscado por todas partes, e incluso les contà ³ acerca de la muerte de la cruel madrastra. Dejando caer los tesoros a los pies de su padre, los nià ±os se arrojaron en sus brazos. Asà ­ juntos olvidaron todos los malos momentos que habà ­an pasado y supieron que lo mà ¡s importante en la vida es estar junto a los seres a quienes se ama, y siguieron viviendo felices y ricos para siempre. This version of Hansel y Gretel is in the public domain. To find lessons related to other words in this story, try using the search box.

Wednesday, December 18, 2019

Invisible Man And Nella Larsens Passing - 922 Words

2. W.EB. Du Bois introduces the expression â€Å"double consciousness,† which is the idea that Black Americans are aware that they are perceived as two different identities. In Society white oppressors don’t view black people as individuals but as stereotypes of what they think of black people. This leads two conflicting identities because black people are torn between joining their black identity and their American identify. Two pieces of work that illustrate characters that are conscious of experiencing both identities are Ralph Ellison’s Invisible Man and Nella Larsen’s Passing. In Invisible Man the narrator remembers his grandfathers words that leads him to act differently in front of white people compared to acting like his true self. It†¦show more content†¦Race can change and be recreated since it is an ideology and not a definite structure. In Charles Chesnutt’s â€Å"The Wife of His Youth† and in â€Å"Black Boy† by Richard Wright, it can be seen that race is not a natural concept. In â€Å"The Wife of His Youth,† Mr. Ryder is apart of the Blue Vein Society where most of the members are black, but act in a way that can be associated with the way white people act. Mr. Ryder is of mixed race so he feels compelled to act White, but will always face criticism from both his black and white identity. His current identity shows how he is trying associate himself with his white identity but when Liza Jane appears she is a reminder of his black identity. These conflicting identities exemplify how Mr. Ryder invents his own characterization of his identity. Mr. Ryder illustrates the fluidity of his identity proving that race is not a stable concept. In â€Å"Black Boy† Richard is aware of how people expect him to act so he knows how to behave to manipulate the intolerant people in society. Richard does not have access to a library card so he borrows his white coworkers library card to check out books for himself. Because Richard is aware of the discriminator y system he decides to forge a note from his coworker to show the librarian. When the librarian is suspicious that Richard might read the book he acts like he is illiterate. If race is a biological factor into how

Tuesday, December 10, 2019

Business Law Gratuitous Consideration

Question: Describe about the Business Law for Gratuitous Consideration. Answer: 1(a): Jane had gone abroad and he gave his care to Jack as a gift. Jack immediately agreed to the offer made to him. Jane was the offeror and Jack was the offeree. The car that was offered by Jane to Jack was of 25000 dollars. The problem that shall be discussed in answer 1 (a) relates to an enforceable contract between them. To bring into life a contract, necessary elements have to be fulfilled. A contract remains unenforceable unless the requisite elements of a legitimate agreement are fulfilled. Consideration is one of the most important elements of a valid contract (McKendrick, 2014). Consideration means exchange of something either in cash or in kind in return of execution of contract. A contract that has no provision of consideration is no contract, meaning an agreement without consideration is void, unenforceable and no one can be sued in the Court for this (Hillman, 2012). Thus, it may be said that when a contract has gratuitous consideration it is not enforceable in the opinion of law. A gratuitous consideration is merely a gift and it becomes not enforceable in the Court (Knapp, 2013). Hence, in the given case study as well, Jane and Jack have a non-binding contract between them, as consideration between them is absent. The exchange of car that has taken place between them shall not be considere d as a contract rather it will only be considered as exchange of gift, which is gratuitous, by nature. Therefore, Jack and Jane were involved in a contract that could not be enforced in the Court. 1(b): Jane presented her car to Jack on the price of 25000 dollars. The cost of the car otherwise is also 25000 dollars. Jack admitted to the offer. The subject that shall be discussed here relates to the enforceability of the contract between Jane and Jack. The given are the essential requirements, to make a contract enforceable in the Court of Australia: Offer Acceptance Legal competency Consideration (Pui Weele, 2014) Offer is the promise that is made by one party to the contract to the other party of the contract in return of consideration. The consideration is the price that the promisee pays to the promisor at the time of execution of the contract (Landa, 2014). Consideration causes detriment to the promisee and gives advantage to the promisor. Legal competency signifies that the parties to the contract should be of more than 18 years age and sound mind. If a person enters into a contract with an unsound mind or a minor a contract is void. If the above-mentioned essentials are fulfilled the contract may become legally binding and enforceable. In the provided case study, Jack and Jane were part of an agreement in which all the legal formalities were fulfilled. Jane offered, while Jack accepted the offer and the amount of consideration were also fixed up for the amount of 25000 dollars. This means that the authorized ceremony to form a contract was rightfully completed by them that are, offer, acceptance and consideration. Moreover, the contract does not seem to be induced by fraud, coercion or misrepresentation. Existence of elements such as fraud or coercion makes a contract voidable at the option of the party to the contract (Hillman, 2012). Therefore, Jack and Jack were part of an enforceable and valid contract being that all the legal formalities were fulfilled. 1(c): Jane being the offeror sells his car to Jack for the amount of 2500 dollars. The cost of the car otherwise was 25000 dollars. Jack readily accepted the offer of Jane. The topic that shall be discussed in answer 1 (c) is sufficiency of consideration. According to the standard rule of contract law, there is lack of boundaries with regard to consideration if all the requirements of the contract are duly followed. We all know that an agreement in which there is no consideration is not enforceable. Nevertheless, the question that is discussed in relation to consideration is about its sufficiency. It is the promisor, who calculates the sum of consideration and wants the sum of consideration from the promisee. The promisor calculates keeping in mind the current value of his service or product (Hillman, 2012). The reason why the offeror does most of the calculation is that, it is the offeror who shall receive the amount of consideration in return or exchange of the service or the product that he has offered (Niu, 2015). The offeree has the liberty of bargaining the amount of consideration if he feels that the amount is not sufficient or feasible. As per law, sufficient consideration means a consideration that is of some value in the opi nion of law and is normal for both the parties to the contract (Andrews, 2016). In the milestone issue of Chappel v. Nestle, the Judge held that a peppercorn is regarded as valuable and sufficient as long as the promisor is fine with it. A consideration that is valid and valuable and is sufficient if the promisor has done the necessary calculations then the consideration may be deemed as sufficient. Therefore, consideration is an imposition of a proviso to the promisor and a consideration is deemed as valid if it is not against law. Additionally, it also important to be noted, that the consideration should be of some value in the opinion of law and should not be a mere illusion (Chen-Wishart, 2012). In the given case study, the price of consideration was 2500 dollars and the price of consideration may be regarded as sufficient as Jane being the offeror is fine with the price of consideration. Jane calculated the amount of consideration. Hence, the agreement of which the parties to the contract were Jane and Jack was enforceable. 2: The buyer and the builder were parties to a contract in behalf of North Ocean Tankers. As per the agreement, the consideration was in dollars containing no provision of currency fluctuation. While the builder was halfway on its manufacture of the ship, the price of the dollars was diminished by ten percent. The builder realized that he was making loss in the contract and because of the loss in the amount he stopped working. The builder demanded for the amount that it lagged and it further stated that he would not complete the work unless he is paid the extra amount as consideration. The buyer was ready to pay in excess of the initial price decided. However, on a later date the buyer bought an action against the builder for recovery of the amount he paid in excess. The issue that shall be discussed in answer 2 relating to the contract is whether the purchaser will be able to recover the amount he paid in excess to the builder. The meaning of consideration is benefit, the benefit that the promisor obtains by the promisee at his detriment. The best manner to make a agreement enforceable is by way of having clause containing consideration. A mere promise is not enforceable in the opinion of law and it becomes invalid (Hunter, 2015). This was elucidated in the example of Currie v. Misa and it was held that a consideration could become enforceable only if it is valuable and has some right that benefits the other party to the contract (Eisenberg, 2014). In Stilk v. Myrick, the ship was on voyage to London wherein two sailors decided to abandon the ship. The captain of the ship told to his remaining sailors that he would share the salaries if they continued with the voyage. It was seen on a later date, that the Captain did not keep his guarantee (Bix Bix, 2012). The Court in the case of Hartley v. Ponsoby opined that a promise to pay extra money becomes enforceable only if it has involvement of some kind of lawf ul advantage (Poole, 2012). In the milestone decision of Universe Tankships Inc of Monrovia v. International Transport Workers Federation, the claimant paid extra amount to the defendant when he wanted his money at the time of constructing the tankships. Sometime later in the future the claimant sued the defendant for recovering the extra amount he gave to the defendant. In this case, the court held that the defendant used duress and warned the plaintiff that if he failed to pay the money to the plaintiff he would stop working on the tankships (Hillman, 2012). Thus, the defendant paid the amount to the plaintiff. Since there was use of economic duress to receive the amount of consideration from the plaintiff, the Court ordered that the plaintiff should receive the amount he paid in excess to the defendant. The defendant lost in his claim (Murray, 2014). In the case of Williams v. Roffey Bros and Nicholas (Contractors) Ltd, an agreement survived between the contractor and the sub contractor. The amount of consideration that was formed between them 20,000 pounds. The service on which the contract was based was carpentry. The subcontractor was in the middle of his construction when he realized that the consideration amount is not enough for him and he asked the additional amount from the main contractor. The main contractor agreed to pay the extra amount of consideration to the sub contractor when he asked for it, as he was afraid that he might be penalised for the same. Soon after, the primary contractor filed a case against the sub contractor for receiving the amount in surplus of the original consideration amount. The principal contractor succeeded as the Court decided that the contract between them was an outcome of economic duress making the contract void (DiMatteo Hogg, 2016). Similarly, in the given case study of the shipbuilder and the buyer, there were many chances that the buyer may be penalised if he delayed in the delivery of the tanker. The construction of the tanker was midway. This case involved the application of doctrine of consideration and economic duress. Two agreements were established between the builder and the buyer. One contract depended on the initial amount of consideration while the second contract depended on the extra amount that the buyer paid to the builder. The initial contract that was formed had no proviso for currency fluctuations (Hillman, 2012). The Court in the case of Universe Tankships and Williams held that a contract which is induced by economic duress shall not be enforceable in the opinion of law and the plaintiff will have to pay extra amount amount that he made the defendant pay him by using economic duress. In the same way, the plaintiff may also file a suit for recovery of the amount that he paid in excess of the decided agreement (Hillman, 2012). Presence of economic duress makes an agreement void if the plaintiff is able to prove successfully that the contract was induced by the use of economic duress and that he lacked in availing other options as his recourse. The term duress means threat or application of threat to force the other party to form a contract. A contract is deemed voidable if any one of the parties has used economic duress for formation of contract. The word economic duress means use of threat involving some kind of monetary transaction. In the famous case of Siboen, it was decided by the Privy Council that if a contract involves usage of duress for monetary transaction it shall be taken as void making the consideration doctrine not applicable (Landa, 2014. Thus, it may be held in the case of North Ocean Tankers as well that the use of economic duress makes the contract void as it leads to existence of two contracts. The initial contract contains the initial amount of consideration while the second contract involves the use of economic duress making the contract void. Thus, it may be held that the buyer has the right to file a suit for recovery for the amount that he paid in excess to the shipbuilder. References: Andrews, N. (2016). Sources and General Principles of English Contract Law. InArbitration and Contract Law(pp. 165-175). Springer International Publishing. Ayres, I. (2012).Studies in Contract Law. Foundation Press. Bix, B., Bix, B. H. (2012).Contract law: rules, theory, and context. Cambridge University Press. Chen-Wishart, M. (2012).Contract law. Oxford University Press. DiMatteo, L. A., Hogg, M. (Eds.). (2016).Comparative Contract Law: British and American Perspectives. Oxford University Press. Eisenberg, M. (2014). Behavioral Economics and Contract Law.E. Zamir, D. Teichman, The Oxford Handbook of Behavioral Economics and the Law and Economics, 438-464. Hillman, R. A. (2012).The richness of contract law: An analysis and critique of contemporary theories of contract law(Vol. 28). Springer Science Business Media. Hunter, H. (2015). Modern Law of Contracts. Knapp, C. L. (2013). Unconscionability in American Contract Law: A Twenty-First Century Survey.UC Hastings Research Paper, (71). Landa, J. T. (2014). A theory of the ethnically homogeneous middleman group: an institutional alternative to contract law (with an Afterword).Handbook of East Asian Entrepreneurship, 82. McKendrick, E. (2014).Contract law: text, cases, and materials. Oxford University Press (UK). Murray Jr, J. E. (2014). Judicial Vision of Contract: The Constructed Circle of Assent and Unconscionability, The.Duq. L. Rev.,52, 263. Niu, Z. (2015). The law of damages in Chinese contract law: A comparative study of damages calculation in Chinese law, English law and the CISG, with empirical results from Chinese practice. Poole, J. (2012).Casebook on contract law. Oxford University Press. Puil, J. V. D., Weele, A. V. (2014). Contract Law and Tort Law. InInternational Contracting: Contract Management in Complex Construction Projects(pp. 285-292). Reid, D. (2015). Wim Decock, THEOLOGIANS AND CONTRACT LAW: THE MORAL TRANSFORMATION OF THE IUS COMMUNE (CA. 1500-1650) Leiden: Brill (www. brill. com/lhl), 2013. xvi+ 724 pp. ISBN 9789004232846. 179.00.Edinburgh Law Review,19(1), 155-157.

Monday, December 2, 2019

Sexual Harassment Essays - Workplace Bullying, Business Ethics

Sexual Harassment Over the years, many people have believed that the issue of sexual harassment should not be discussed in public. Sexual harassment was to be discussed behind closed doors. In spite of this, the social and political systems have changed instantaneously. This social problem has affected men and women throughout time, however, it seems that the women of our society more closely look at this issue. This social topic has encouraged women to establish organizations in order to help them discuss the issues more openly and to demand equality including fairness and justice throughout the workplace and in their social lives as well. In recent years, sexual harassment has been one of the most serious and widespread problems found in the workplace. For this reason, the Universal Declaration of Human Rights proclaimed, by the United Nations in 1948, to help everyone in their fight for self-respect and dignity. Indeed sexual harassment is an issue that complicates employment decisions. People also recognize that it is an issue involving the creation of an antagonistic or offensive work environment. In many instances, the issue of sexual harassment is not something minor that can be easily solved. The issue of sexual harassment pertains to everyone's apprehension of an individual's comportment due to our societal social norms. Sexual harassment, in most cases, involves a superior's behavior towards a subordinate. As mentioned before, most forms of sexual harassment occur in the workplace. An employee can charge an employer with sexual harassment as a result of the misconduct of managers, fellow employees, vendors, and even customers. Eventually, this can cause a hostile work environment. 3 It is true, for the most part, that sexual harassment comes in many forms in the workplace. There are two significant ways in which one can identify sexual harassment. They are called the "Quid Pro Quo" and the "Hostile Environment Harassment." The essence of the Quid Pro Quo theory of sexual harassment occurs when an employee is confronted with sexual demands to keep her job or obtain a promotion. This is a true violation of the Civil Rights Act of 1964, which is also referred to as the Title VII Act. Even though sexual harassment by its very nature is complicated to define, the Equal Employment Opportunity Commission provides a general description of sexual advances. The several basic varieties of the Quid Pro Quo harassment indicate the unwelcome sexual advances and requests for sexual favors. It also consist of other verbal or physical conducts dealing with a sexual nature of constituting sexual harassment when the submission to such conduct is made either explicitly or implicitly just because a term or a condition of an individual's employment. Secondly, the individual is used as a basis for employment decisions affecting such individual. Finally, the result of such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. (Aggarwal, 89-93) Another form of sexual harassment is a hostile work environment. The hostile environment theory involves sexual advances between the supervisor and the employee. An employee's work performance will be less effective due to these so-called sexual advances. However, a victim can file a complaint against their harasser so that they do not continuously force them to participate. Consequently, they will be forced to hand in their resignation. This issue of power has nothing to do with sex. For this reason, both 4 male and females can be the harasser. The harasser's main purpose is to force another to feel or act in a certain way. Sometimes, sexual harassment causes an individual from effectively performing his/her job. As a result, is undermines an individual's dignity. In our society, there are three essential factors that relate to the issue of sexual advances. These elements are a divergence of perceptions, the complexity of human behavior and the attitudes of a sexist. (Lindemann, 46-48) It is often difficult to draw a line between what is acceptable and what is unacceptable in a working environment because of the existence of these ingredients. Sexual harassment is a form of discrimination, which can manifest itself in terms of physical and psychological acts. Physically, the recipient may be the victim of