Should capital punishment be suspended because of racial disparities Term Paper

Should the death penalty be suspended on account of racial incongruities - Term Paper Example Be that as it may, the inquiry that untruths is past the legitimacy of forcing the death penalty but instead the impact of shading or race that accompanies the quantity of those condemned for the death penalty. The impacts of outrage and counter are an improvement of social separation and partiality powered by an inappropriate demonstration or oversight as well as the extremism that accompanies such despise. The death penalty at that point turns into an additional apparatus for racial segregation as opposed to a beneficial outcome of retributive equity. Explores made In 2002, a Governor of Maryland Parris Glendening started an examination to be finished by the University of Maryland in regards to the death penalty and in spite of the fact that criminologist Ray Paternoster found that the â€Å"race of the respondent was not huge in punishment qualified cases†, race played a significant factor whether the investigator looked for a capital punishment discipline for a situation ( Hodgkinson and Shabas 8). There isn't simply racial difference yet in addition examiner divergence. At any rate 43% of all out executions since 1976 and 55% of those anticipating execution is for minorities (American Civil Liberties Union, 2003). The General Accounting office in 1990 demonstrated reports that â€Å"race of the casualty was found to impact the probability of being accused of capital homicide or getting capital punishment. In various wards analysts and case laws have given adequate verification of racial dissimilarity among people under death row. In Philadelphia, an investigation made in 1997 by David Baldus and analyst George Woodworth discovered outcomes that between 1983 to 1993, a 38% expansion in the chance of an individual being qualified for capital punishment in light of the fact that the litigant was dark. In North Carolina, an examination discharged by the college demonstrated that between 1993 to 1997, a three and a half increment in the chance of bringin g about a capital punishment when the casualty is white instead of dark. The region of ward fluctuates from the quantity of the race’s populace and conceivable verifiable foundation on racial preference. A genuine model is in the territory of Georgia, where University of Iowa law educator David Baldus found that examiners looked for capital punishment for 70% of the dark litigants with white casualties contrasted with the negligible 15% white respondents who had white casualties. (American Civil Liberties Union, 2003). Further impacts of this investigation will be clarified in the last piece of the conversation, as the â€Å"Baldus study† was endeavored to be utilized as a protection in a Supreme Court case (McCleskey v. Kemp (1987). Indictment divergence is prominent in these cases, it appears that racial separation the started with society is additionally reflected to the organization of equity. The investigators have the tact in choosing whether cases should look fo r capital punishment. Indeed, even in the decision of potential members of the jury, the indictment takes control, for example, in the province of Philadelphia, where investigators move to expel 52 % of potential dark attendants contrasted with a unimportant 23 % expected hearers of different races. Jeffrey Pokorak led another great examination demonstrating racial difference. He related the significant impacts of race and sexual orientation of the considerable number of legal counselors approved to arraign capital punishment cases that prove racial dissimilarity. In the 38 states considered, 98% of the indicting lawyers are white and practically all are male (Hodgkinson and Shabas 15). Incomparable Court Decisions With this issue being built up, the

The Report Example

The Report Example The Report †Book Report/Review Example Edward Freeman in his article ‘A Stakeholder Theory of the Modern Corporation’, challenges the ordinary suppositions on the supremacy of the partner. The creator proposes an elective partner hypothesis of the cutting edge organization. The article is based around the structure of administrative capitalism.The partner hypothesis proposed by the writer characterizes the connection between the partners and the company past lawful, financial, political and moral rules. A participatory methodology in driving the organization towards showcase achievement including the partners is the trademark idea of the hypothesis proposed. The peruser is taken through the legitimate securities offered by the law to the partners. Further, the monetary contention testing the administrative private enterprise has been examined. The paper rotates around the inquiry â€Å"For whose advantage and to whose detriment should the firm be managed?The creator further clarifies the idea and the regular observations on the term partner. The logical importance of the term in the advanced company has been clarified. Not the same as the ordinary idea that partners are individuals, gathering of individuals or establishments influenced by the administration, the creator considers the to be as another partner of the enterprise. The job of the executives in the partner circle is contrasted by the creator with that of King Solomon. When all is said in done, the hypothesis discusses a comprehensive methodology in dealing with the partner relationship, including the relationship among the partners. Agreeing the proposed partner hypothesis, six standards of reasonable agreement among the partners shapes its establishment. These have been thoroughly clarified in the article. The creator contends that these standards will go about as relationship rules among the partners.

Top 10 Application Tips Summary COLUMBIA UNIVERSITY - SIPA Admissions Blog

Top 10 Application Tips Summary COLUMBIA UNIVERSITY - SIPA Admissions Blog Those of you following the blog know that we have now finished our series entitled Top 10 Application Tips.   In order to make the series easy to reference, below you will find links to all 10 entries.   The January 5th deadline is almost here and if you have yet to submit your application reviewing this list will prove very helpful. 1.   Test Score Reporting 2.   Recommendation Letters 3.   Personal Statement 4.   Résumés 5.   Submission of Documents 6.   Transcripts 7.   Fellowship Statement 8.   Technical Support 9.   Tracking and Communication 10.   Follow the Blog

The Adventures Of Huckleberry Finn By Mark Twain - 810 Words

Before Mark Twain started to write two of his most famous novels, The Adventures of Tom Sawyer and Adventures of Huckleberry Finn, Mark was known to use his characters to display his own thoughts and opinions. â€Å"This device allowed him to say just about anything he wanted, provided he could convincingly claim he was simply reporting what others had said.† (Twain, 1283). Mark Twain used this process to be a foundation of his lectures, by manipulating his popularly with his readers. During the story of Huckleberry Finn, the impression of racism, slavery, and religion were stated on the first few chapters. Surprisingly, this is not the reason that Mark Twain’s book was banned from schools, instead it promoted rebellion behavior that school districts did not want to teach their children about. â€Å"Huck Finn was banned in many libraries and schools †¦ denounced in pupils not for its racial content but for [it’s] supposedly encouraging boys to swear, smoke, and run away.† (Twain, 1284). This is important to know because of this book banishment, Mark Twain skillfully wrote his attitude towards racial discrimination and religion was not the reason for the limited restrictions on his book. Before the first chapter, Mark Twain leaves a notice and explanatory for the audience to read. â€Å"[P]ersons attempting to find moral in it will be banished† (Twain, 1289). This statement gives the reader a caution sign and a hook before reading the first sentence of Huckleberry Finn’s story. Mark TwainShow MoreRelatedThe Adventures of Huckleberry Finn by Mark Twain830 Words   |  3 PagesThe Adventures of Huckleberry Finn by Mark Twain is â€Å"A Great American Novel†, because of its complexity and richness. Twain writes dialogue that brings his characters to life. He creates characters with unique voice and helps the reader connect to the book. Anyone who reads it is forced to develop feelings for each character. Even though there is a great amount of controversy over the use of some choices, such as the â€Å"n word†, it makes the book more realistic. In the beginning of the novel Huck,Read MoreThe Adventures Of Huckleberry Finn By Mark Twain1103 Words   |  5 PagesDmitri Van Duine Jr English Mr. Nelson November 27th The Adventures of Huckleberry Finn: Huck Finn and Tom Sawyer The Adventures of Huckleberry Finn, Written by Mark Twain filled his stories with many examples of satire as to convey a message while also writing an interesting story. The Adventures of Huckleberry Finn revolves around the adventures of a young boy called Huckleberry Finn, who is about thirteen years old. Tom Sawyer is Huck’s best friend and around the same age as Huck. He is onlyRead MoreThe Adventures Of Huckleberry Finn By Mark Twain Essay1055 Words   |  5 PagesZambrano Mrs. Patmor AP Lit-Period 5 28 September 2016 Adventures of Huckleberry Finn 1835 Mark Twain embodies realism in almost every aspect of his writing not excluding The Adventures of Huckleberry Finn, which in he portrays such a lifelike setting that it almost gives you this sense of reality through the point of view of a young man that has an urge for freedom yet struggles to conform to society s norms due to his adolescence. Twain s ability to unmask the true identities of the charactersRead MoreThe Adventures Of Huckleberry Finn By Mark Twain931 Words   |  4 PagesWolski Mrs. Goska English 2H Period 3 22 October 2014 The Adventures of Huckleberry Finn Mob mentality is the way an individual’s decisions become influenced by the often unprincipled actions of a crowd. Mark Twain penned The Adventures of Huckleberry Finn. Twain grew up in America’s southern states during the early 1800’s, a time in which moral confusion erupted within the minds of humans. The Adventures of Huckleberry Finn s protagonist is a young boy named Huck who freely travels alongRead MoreThe Adventures Of Huckleberry Finn By Mark Twain1375 Words   |  6 Pagesmention the years spent growing and maturing physically. Teenagers are stuck in an inbetween state where they must learn who they want to become and what they want to be when they grow older. The same is true for Huckleberry Finn, from the book â€Å"The Adventures of Huckleberry Finn† by Mark Twain. This is a book that was written in a time of great confusion over moral codes and standards. It was a world split in half by two different worlds of people; those who opposed, a nd those who promoted slavery.Read MoreThe Adventures Of Huckleberry Finn By Mark Twain2083 Words   |  9 PagesSatire in Huckleberry Finn In the novel â€Å"The Adventures of Huckleberry Finn† by Mark Twain, we are told a story about a young boy and his slave companion’s journey down the Mississippi River and all of their encounters with other characters. Twain constructed a beautiful narrative on how young Huck Finn, the protagonist in the story, learns about the world and from other adult characters, how he is shaped into his own person. At the time this book was made however, this novel provided serious socialRead MoreMark Twain and The Adventures of Huckleberry Finn1575 Words   |  6 Pages Mark Twain and The Adventures of Huckleberry Finn Controversy Mark Twain, born Samuel Langhorne Clemens, is a highly recognizable figure in American literature. Born in Florida, Missouri Mark Twain and his family moved to Hannibal, Missouri where Twain discovered and fell in love with the mighty Mississippi River. The river and his life in Hannibal became his inspiration and guiding light in most of his writing. Although Twain loved the river and did a great deal of traveling, he eventuallyRead MoreThe Adventures Of Huckleberry Finn By Mark Twain1005 Words   |  5 Pages In the Adventures of Huckleberry Finn written by Mark Twain in the 19th century is about a young boy named Huck Finn and Jim, a runaway slave who go on an adventure. The two travel on a raft along the Mississippi river creating a bond and making memories. Mark Twain presents Huckleberry Finn as a dynamic character who at first views Jim as property and eventually considers Jim as a friend, showing a change in maturity. In the beginning of the book, Huck Finn clearly sees Jim as nothing more thanRead MoreThe Adventures Of Huckleberry Finn By Mark Twain1335 Words   |  6 Pagesyear The Adventures of Huckleberry Finn is placed in the top ten banned books in America. People find the novel to be oppressing and racially insensitive due to its frequent use of the n-word and the portrayal of blacks as a Sambo caricature. However, this goes against Mark Twain’s intent of bringing awareness to the racism in America. The Adventures of Huckleberry Finn by Mark Twain is classified under the genre of satire and is narrated by a fictional character named Huckleberry Finn. The novelRead MoreThe Adventures Of Huckleberry Finn By Mark Twain1773 Words   |  8 PagesKnowing about Mark Twain’s work, personal life and family it is clear he is a champion of racial equality. During the most racial times of America he wrote The Adventures of Huckleberry Finn a book setting in a 1830s southern American so ciety. Twains delivers the story with all the traditions and customs of an American society. Twain tries to show the wrongness in society, focusing racism and equality. By doing this Mark Twain and his work was both alleged to be racist. The irony is most of the reading

ESL and American Students What’s the Friendship Like

Most American students like having international students on campus and would even like to see more of them. But why are they not building friendship? Most American students have only a few international friends or less and an even lower percentage of international students claim to have a few American friends. To build these friendships it is important to understand the cause of the disengagement and how to engage in building new friendships between ESL and American students. Disengagement Cultural and course choice can play a role in the disengagement of American and international students. Some students claim not to make efforts to get to know one another because they are not in the same class or organizations. Culture likely plays a role in what organizations students choose to belong to. Another reason for the disengagement is clearly comfort levels. Some students are not comfortable trying to interact with students from other cultures and few struggles through stepping out of their comfort zones to these valuable new friendships. Communication or lack thereof may be why interacting with those of other ethnicities and cultures can be so uncomfortable for both groups. Who’s To Blame? It may not come as surprise to anyone but both groups place the blame on the other for the disengagement and lack of friendships. International students often have a perspective that American student groups are hard to break into and that Americans are uninterested in getting to know them. Likewise American students tend to feel that international students flock together and stay to themselves rather than mingling with the American students. It is difficult to say who the true blame for the lack of friendships falls on. Most American students believe it does not take extra effort to become friends with international students while an extremely low percentage of American students concur with this belief. Due to America being such a melting pot most American students claim to become friends with whomever they encounter during the day and do not see differences in others. Perspectives The key to closing the disengagement gaps could be changing perspectives of both American and international students. International students typically do feel American students are friendly yet unwilling to get to know them. Few American students’ judge international students on their looks, scents, and culture and most simply see them as unique individuals. Both groups may find the other interesting but be taken back by the lack of communication not wanting to offend the other. Close That Gap There are steps both international and American students can take to bridge the disengagement gap and build friendships, which basically include involvement in groups that offer a diverse group of interactions. Find a common activity or organization that offers a diverse balance of students an opportunity to get to know one another. This may need to be intentional if you look around yourself and find your friends are not a diverse group. Seek out multicultural events, organizations, and teams. Take some time to reach out to someone who may be a bit different than you and get to know them. The friendships that will be built will be well worth the effort.

Core Values Free Essays

Family is my most important core value. Family brings out the best and worst in each of us. As we yield to and serve others we learn to love them and ourselves in the process. We will write a custom essay sample on Core Values or any similar topic only for you Order Now Many of us could never approach this form of selflessness in any other way. I believe having my family as my core value will allow my life to be great because I have a strong support system surrounding me. My mom is a great example of someone who admires the meaning family. It has helped her through the toughest parts of her life she said. The greater the loyalty of a group toward the group, the greater is the motivation among the members to achieve the goals of the group, and the greater the probability that the group will achieve its goals. † My second core value is loyalty. Loyalty is simply the act of putting someone or something else ahead of one’s self. If I stay true to people and they know I will be there no matter what, I will be able to gain not only their trust and respect but they will in return be loyal to me. Loyalty and respect for me is about a sense of belonging to something greater than myself. Loyalty will allow me to progress throughout life by helping me gain friends that know I will behind them. In my life I watch my grandma be loyal to my grandpa for 27 years. She said her best years of her life were spent with him. I have adopted the value of hard work through examples of my family, teammates, and coaches. Throughout my life, and every little step of progress I’ve made I’ve always came back to the same conclusion hard work is a requirement to success. The more I’ve accepted that I need to work hard, the more progress I made toward my goals. A great example of how hard work as improved my life is that in every single job I have had I have received a raise. A person who has shown extremely hard work through his life is Thomas Jefferson. â€Å"I’m a great believer in luck, and I find the harder I work the more I have of it. † Thomas Jefferson. Thomas Jefferson was the third President of the United States (1801–1809) and the principal author of the Declaration of Independence (1776). The value of friendship is something that few people take time to really appreciate. When you need a friend, you realize just what kind of value friendship holds. Everyone values friendships, but it’s especially important because I live on my own hours away from my family. It provides someone to talk to and hang out with on a regular basis. Another well learned message from friendship is the value of companionship. I believe everyone one who has a friend is a perfect example for someone who has had their life improved by this value. A decade long study conducted by the Center for Aging Studies at Flinders University, Australia showed proof for my statement above. The study involved about 1,500 elderly people and revealed that those who have a large network of friends tend to live longer by about 22% than those who have the least number of friends. I aim for growth in most aspects of my life. Personal growth is a critical component to my psychological well-being. Personal growth involves being conscious of my thoughts, feelings, prejudices, and judgments and using this personal knowledge to act with mindfulness and in greater accordance with my values and potential. Being a college student is the perfect time to enhance my personal growth, because it is the time in my life where I have to learn to live on my own and decide my own future. The biggest part of personal growth for me is learning how to perceive my feeling and thoughts. For example, if I think life is a struggle, it will be a struggle. If I think I am tired, I will become tired. If I believe I am happy, I will see things appear that make you happy. Our thoughts are like a big magnet. Freedom is a value that’s really strong within me. Freedom is something I value on all plains of life, from the physical freedom of movement to the mental freedom of thought and decisions. This value sets a clear direction for me, both to actively attain freedom and to prevent me from doing things that might limit my freedom in the future. I obtain this value throughout my younger years of my life when I was continuously getting in trouble and had my freedom of lunch and sports taken away from me. My best example of someone who admires freedom as a value is my dad. My dad went to jail for 5 ? ears and now he is less reckless, insuring that he will not go back to jail. I’m here to have lots of fun. I love laughing. Good hearty laughter helps release enzymes and hormones that are helpful for normal functioning of various organs. In addition laughter reduces the levels of certain hormones, namely cortisol, growth hormone, epinephrine and dopac, which are associated with stress response. I am a strong believe in living live to the fullest and to do so I need to be having fun while doing it. Time is too precious not to have fun, but it’s so easy to let it slip. Sometimes we’re just too serious and it’s so easy to get caught in that atmosphere. I’m dedicated to have fun and not let this happen anymore. Not to me, and if I can, not to anybody. Love is a central theme in my life. I need love and have a lot of love to give. Love for life, for people, for animals, for nature, for beautiful things, for the things I do and so on. But the most important is the love for my family and friends. Love can make me happy as if I was in a heaven, while being miserable and disappointed in love can make me feel like the whole world has fallen apart. I have learned to love wisely, love will not hurt me, and instead it will lead me to a healthy life. An example of the benefits of love for others is in a case study. Love results in more activation in the part of the brain that keeps pain under control. A study of 127,000 adults confirmed that married people were less likely to complain of headaches and back pain. The reduced stress level also leads to pain relief, especially if you suffer from things such as chronic headaches. How to cite Core Values, Essay examples Core Values Free Essays Marco Aurelien Period 1st Mr. Hill British Lit Beowolf: To leave or not to leave In many ways the ancient Greek and Roman of Beowulf times are intertwined with the modern lives that all of us lead today. These antiquities affect us beyond the obvious government, theatrical, and social practices. We will write a custom essay sample on Core Values or any similar topic only for you Order Now The core values of this era mirror and shape our modern core values and morals of today. Pietas – loyalty, gravitas – seriousness, and dignitas – respect are all things that were seen as important at this time period just as they are seen as important in todays world. It is easy to talk about the obvious positive traits that characters have shown in the epic novels or poems we have read but it is more interesting to look at the shadows on grey in a person to show the realism within. The more difficult way of comparing these different eras is to look at the morals and core values that the citizens lived by. Pietas, gravitas, and dignitas, are three general core values that every one in society must show and live by on a daily basis. In Beowulf, he had the task to going up against what seemed to be an undefeatable and despised monster that could ultimately lead to his demise. Most would say that Beowulf should a large amount of bravery and Gravitas to go and venture to Denmark to defeat Grendel. Another vantage point is that in actuality Beowulf lacked Pietas to his nation in leaving to fight a battle that was not his own. Though his father had left him in debt of a favor to King Hrothgar, it was his own choice to follow in his father’s footsteps as a warrior. Beowulf was an exemplary example of Dignitas in all aspect of his life, as a role model and giving and commanding respect from everyone. These core values still surround us in modern times everyday and are necessary in order to succeed in life. A student must exhibit all of these things if they are attempting to become a well-rounded scalar and human being. If everyone demonstrates pietas, or loyalty, towards his or her community and school they will have a strong support system around them allowing them to reach their true potential. Students should have a certain level of gravitas, or seriousness, in order to create a safe and effective learning environment for not only his or herself but for everyone around them. While it is important for students to have pietas and gravitas is even more important that that student had dignitas, or respect, for others and for themselves. Everyone may believe that Beowulf exhibited the core values at all times but it can be proven that he did not. These ancient values are as relevant as possible in the modern day world. We may have been able to do without theater or even a democratic political system but if people began living without pietas, dignitas, and gravitas society would fall apart. The modern citizen must exhibit all of these core values if they expect to be successful and if they do they are eventually going to do well in life. How to cite Core Values, Papers

Criminology & Criminal Justice Free-Samples-Myassignmenthelp.com

Question: Discuss about Criminology. Answer: Introduction Studying Criminology provide Criminologists the opportunity to test hypotheses on criminals intensions and applicable punishments. Some of the general crime-fighting procedures and tactics were started as experiments which were projected by criminologists considered to check what could be the most effective crime diminishing method. According to my opinion, the field of criminology offers distinctive and thrilling opportunities to establish career. Criminology is the combination of studies like sociology, psychology, as well as criminal justice that results in a unique experience of educational and career. Those who wish to do a Master of Science in Criminology are always prepared with all the resources and ways to facilitate combating present days criminal activities. Every now and then, specialists of Criminology work in an unsung manner and scrutinize the causes and effects of every crime along with examining criminal behaviors. These individuals try to bridge the gap by finding and inspecting clues and work religiously to find out the culprit by the means of their criminological expertise. They also work to support law enforcement and the criminal justice industry by utilizing their solution-finding skills and anticipation measures. Following are the probable career opportunities that are closely associated with Criminology: Criminal Profiler Criminologist Loss Prevention Manager Fraud Specialist Field Investigator Forensic Psychologist Correctional Counselor Policy Analyst Senior Probation and Parole Officer Paralegal Criminal Investigator Intelligence Analyst According to my perspective, following are the reasons why one should go ahead and start a successful career in criminology Career Opportunities It is highly expensive to pursue career options with a Criminology degree. Irrespective of an individuals interests and background, the person will find ample prospects to build his/her career in Criminology and Criminal Justice. The best part in getting a Criminology degree is that whatever basics they learn during the education program, they get the chance to utilize that knowledge once they start working in this field. One can find above listed job profiles in local, state as well as federal law enforcement, government correction facilities, intelligence agencies, the judicial system to address a few. Often, Criminologists get placed from any of the mentioned threefold areas: as a guide (to govern and resolute conflicts), assessing human behavior in various establishments, and to help curtailing cybercrime and cyber-terrorism. Exponential expansion in professional network Individuals that pursue a degree in criminology, from the very beginning they work and interact with top faculty very closely. The interaction may also include conversation and working with professionals that have years of experience in the field of Criminology working for top agencies and governments. Students get a chance to work very closely with the faculty and they also assist these students to achieve success in the academic program. Students find themselves with easy access to opportunities for doing internship and practical experience that helps them complementing their educational program. Financial Growth An educated professional who belongs from this industry generally expects higher remuneration rather than average salaries. Alike other industries and work fields, wages differ in the field of criminology. However, as per the Bureau Labor of Statistics, for sociology career prospects like psychotherapy, forensic psychology and juvenile workers, the year 2012 median disbursement was yearly $59,970. For law enforcement employees such as detectives and forensic specialists, the average pay was yearly $74,300 as of the year 2012. Opportunity to gain experience in a very prompt way If an individual is looking to switch his/her current job, a degree in criminology has the potential to quicken the process of acquiring a new job that will help you to build your career. Their experience of working with advanced technology and experienced staff will provide them all the required resources for quick learning, real-world application teachings, and assist you for preparing his/her criminology career. The criminology faculty is comprised with modern and/or ex-practitioners and researchers who stay updated with their teaching process and offer proficient information in their respective fields. within a very short period of time, the student will be able to pursue the career in criminology, in spite of their educational and professional backfground. A total unique professional life If an individual is seeking a career that is full of excitement and always motivating, a career in criminology is the best and apt choice. As an example, a typical day of a forensic investigator may include investigating a crime scene, working with law authorities at the crime location, or even examining evidence in the clinical laboratory. Likewise, a cybercrime analyst uses data mining to pull out data from web related crimes, like identity theft, data breach or assist building programs for the purpose of defending online safety. Being a Criminology major student, I once had an opportunity to visit a crime scene. The incident was related to a murder near my locality. A lady along with her baby boy was straggled in this case. I saw how the well known criminologist, Mr. Thomas Dobson and his assistant, Lewis Hadley investigated the crime scene. They took several photographs of the victims, they collected some probable clues related to the murder. They also collected samples of fingerprints obtains from various objects kept in the crime scene. I knew Mr. Dobson as one of my university guest faculties. He only asked me to visit the scene along with him. This way I had a chance to have a real time understanding of the investigation process. Eventually after 27 days of the gruesome murder, the culprit was arrested by police from a distant location. It was really a great experience of mine to learn the investigation process from one of the industry maven. Conclusion The drive behind the field of criminology and criminal justice is entirely motivated by the aspiration of helping people as well as their communities. Pursuing a criminology career lets one to have a feeling of being closely-connected with the community and empowered to aid others. Irrespective of working in public strategy or on a crime scene, the individual will stay lively in their respective communities and will try to work hard to prevent any crime from occurring, at the same time as assisting others. In a nutshell, a Master's Degree in Criminology provides individuals the prospect to affect criminal activities in an optimistic manner. Bibliography: Albanese, J. (Ed.). (2014). Encyclopedia of Criminology and Criminal Justice (Volume 1-5). DeMichele, M. (2014). Studying the community corrections field: Applying neo-institutional theories to a hidden element of mass social control.Theoretical Criminology,18(4), 546-564. McGloin, J. M., Nguyen, H. (2013). The importance of studying co-offending networks for criminological theory and policy.Crime and networks, 13-27. Morizot, J. and Kazemian, L., (2014). The Development of Criminal and Antisocial Behavior. Springer. Newburn, T. (2017). Criminology. Routledge. Siegel, L. J. (2016). Criminology: the core. Cengage Learning. Valverde, M. (2014). Studying the governance of crime and security: Space, time and jurisdiction 1. Criminology Criminal Justice, 14(4), 379-391.

Tragedy in Shakespeare (Power, ambition and tragedy) an Example of the Topic Literature Essays by

Tragedy in Shakespeare (Power, ambition and tragedy) INTRODUCTION William Shakespeare is arguably the best playwright in the entire illustrious history of English Literature. He is known for his versatility in the sense that he has enthralled audience with his comedies, tragedies as well as historical plays alike. He obviously occupies the centre stage in English plays. Need essay sample on "Tragedy in Shakespeare (Power, ambition and tragedy)" topic? We will write a custom essay sample specifically for you Proceed However, he is best known for his tragedies that never fail to overwhelm the audience and are famous for being realistic and yet fantastic. In most Shakespearean tragedies that have a political back drop, we find that power and ambition play an extremely important role in taking the plot to its climax and ultimately become responsible for the tragic end that befalls the hero. In this paper, we shall attempt to explore this interesting relationship between power, ambition and tragedy (or justice of fate) as illustrated in Shakespearean plays. We shall use as study, two of Shakespeare's very famous tragedies- Macbeth and Coriolanus. In order to understand this intriguing relationship between power, ambition and tragedy, it will be fruitful to first look into the very concept of tragedy in Shakespearean plays. An analysis of the tragedies reveals that Shakespearean tragedies are based on Aristotle's concept of tragedy as defined by the Greek master in his Poetics. The most important element of a tragedy, according to Poetics, is the concept of the hamartia or the tragic flaw. The hero, the main protagonist or the central character is shown to us as a noble person with greatness of stature and strength of character. He is presented as the near perfect man with larger than life qualities. The audience is forced to look up to such a character with appreciation and awe. However, the hero has a 'tragic flaw'. This is a flaw in his character which invites tragedy and brings about the tragic downfall of the hero. Thus, it is to be noted that the tragedy is seen partially as a work of destiny and partially as a consequence of the hero's hamartia. MACBETH: Macbeth is a story of how ambition corrupts men and drives them to evil ends. The hero, Macbeth is a noble man, a brave soldier and he is looked upon by the common people. The king also considers him a worthy general and thinks highly of him. Thus, he is a hero in the actual sense of the word until we encounter his tragic flaw. He hears some prophecies made by the witches about his becoming the king in the near future. Blinded by ambition and egged on by his wife, Macbeth kills the noble king in order to take on the throne. Later, we find that the king's death is avenged and Macbeth falls into disgrace and finally dies. We find therefore, that Macbeth's tragic flaw was ambition. He was an almost ideal human being in the beginning of the play. But as the plot builds up, we find him plotting and planning to kill his master and his guest, the King Duncan. Thus, it is ambition that drives him to hatch such an evil plan; it is ambition that causes him to fulfill his desire of becoming king by killing the present King Duncan; it is ambition that corrupts such a noble man and makes him stoop down to such lowly levels. Macbeth's good character and noble bearing do create a dilemma for him. It is seen that he reasons with his conscience while hatching the plot to kill the king. He realizes that King Duncan shall be his guest that evening and how immoral it is to stab an unsuspecting guest; he also knows that the King is noble and has not indulged in any wrong-doing to deserve such a death. His inner voice or the voice of his goodness keeps on asking Macbeth to re-consider his decision to kill the king. However, the tragic flaw (of obsessive ambition) in his character intervenes, overpowers his goodness and reason and compels him to take this extreme step. Also, we find later that once he has secured his throne through murder, he is willing to repeat his evil acts to ensure that it is his progeny (and not Banquo's, as revealed by the prophecy) that inherit the throne. He plans to kill Banquo and his son to make this possible. Thus, we see that ambition does not let him be content. It drives him to more evil, makes him commit more vile acts and finally leads to his tragic disgrace and death. CORIOLANUS Coriolanus is one of the less famous tragedies written by William Shakespeare in 1607-08. This play is not one of the best plays written by the great playwright. As his penultimate tragedy, Coriolanus does not boast of immortal heroes like Othello, Macbeth or Julius Caesar, nor does it have the intricate plot of Romeo and Juliet or Hamlet. However, its appeal lies in the subtle and intentionally ambiguous portrayal of political drama and viewpoints. The political debate it generates is noteworthy. The story revolves around the hero Caius Marcius (later Coriolanus) who is a proud soldier and his deeds of valor are famous all over Rome. His brave exploits in the war against Volscians have won him admiration in the king's court and also his given name Coriolanus. However, below this seemingly flawless exterior lies his tragic flaw. It is revealed that Coriolanus has autocratic tendencies and an extremely bourgeois attitude. He considers the common people as lowly and not worthy of his attention. He deeply resents the fact that he to canvass for votes in front of the plebeians. In short, he seems to be drunk on the aphrodisiac of power. It is power that blinds him to the importance of democracy. In rage against the people of Rome, who he considers responsible for his exile, he makes peace with the enemy army of Volscians. To get back his lost power and prestige, he concocts the wicked plan of waging war against Rome. So hell bent upon seeking power he is, that he refuses to relent even when his closest and dearest friends come to make him see reason. Finally when his mother begs him to give up his insane plans, he relents and moves back to Antium, the centre of Volscians. It is here that tragedy actually befalls Coriolanus. His ally, the Aufidius (General of the Volscians) becomes jealous of Coriolanus' rising power and declares that their failed campaign to Rome is due to the treachery of Coriolanus. The hero is assassinated by Aufidius' men. Thus we see that power plays a very important in the tragedy. In the first part, we see how power corrupts Coriolanus and makes him forget all reason. He stoops down so low for power that he actually makes peace with Volscians and gets ready to wage a war over Rome. All his valor and bravery that had earlier made him a heroic figure now seem to be a thing of the past. We see him as a villain plotting against his own native land to restore his lost status. Power therefore corrupts a good man and makes him vile. In the last part of the play, we see how power games finally lead to his death. His rising popularity in Antium makes Aufidius insecure and in order to remove Coriolanus from power, Aufidius declares him traitor and causes his assassination. Thus, power makes Coriolanus transform into an anti- hero and it is the power game that finally brings about his end. CONCLUSION It can thus be concluded that both power and ambition cause the tragedies in Shakespeare's Macbeth and Coriolanus. Both heroes have their tragic flaw and fall prey to ambition and power respectively. Their good conduct, noble bearing, strong character and bravery are all left behind once they become overly ambitious and wish to be more powerful than they already are. However, this does not teach that ambition and power are in themselves evil. It just brings home the message that when these become uncontrolled and occupy the mind of man like a passion and obsession, they drive men to limits and cause them to do despicable and wicked acts. The tragedy of Macbeth and Coriolanus is a direct consequence of their extreme ambitions and their willingness to leave behind all their virtues for power. This powerful message is one of the reasons why the tragedies of Shakespeare are so loved and respected. WORKS CITED Greek Theory of Tragedy: Aristotle's Poetics, A Guide to the Study of Literature: A Companion Text for Core Studies 6, Landmarks of Literature, English Department, Brooklyn College Shakespeare and the Uses of Power, Stephen Greenblatt, The New York Review of Books, Vol 54, no 6, April 12, 2007 Outline of Aristotle's Theory of Tragedy in the POETICS, Barbara F. McManus, November 1999 retrieved on 23 April, 2007.

Rosalynn Carter Quotes

Rosalynn Carter Quotes Rosalynn Carter, US First Lady 1977-1981, was an active campaigner for her husband, and an advisor and consultant to him. She managed the family business during much of his political career. Her focus as First Lady was mental health reform. Selected Rosalynn Carter Quotations Do what you can to show you care about other people, and you will make our world a better place. If you doubt you can accomplish something, then you cant accomplish it. You have to have confidence in your ability, and then be tough enough to follow through. A leader takes people where they want to go. A great leader takes people where they dont necessarily want to go, but ought to be. Times of upheaval require not just more leadership but more leaders. People at all organizational levels, whether anointed or self-appointed, must be empowered to share leadership responsibilities. There is clearly much left to be done, and whatever else we are going to do, we had better get on with it. I think I am the person closest to the President of the United States, and if I can help him understand the countries of the world, then thats what I intend to do. I had already learned from more than a decade of political life that I was going to be criticized no matter what I did, so I might as well be criticized for something I wanted to do. Jimmy will let me assume as much responsibility as I will.... Jimmy has always said that we the children and myself can do anything. Jimmys sister Ruth was my best friend and she had a picture of him on the wall in her bedroom. I just thought he was the most handsome young man Id ever seen. One day I confessed to her that I wished she let me take that photograph home. Because I just thought I had fallen in love with Jimmy Carter. (About her husbands naval service when he was away at sea) I learned to be very independent. I could take care of myself and the baby and do things that I never dreamed I would be able to do alone. (About her role in the familys peanut and warehouse business) He asked me to come and keep the office. And I had a friend who had taught an accounting course in the vocational technical school and she gave me a set of accounting books. I began to study accounting. I began to keep the books. And it was not too long before I knew actually as much or more about the business on paper than he did. There was no way I could understand our defeat. I had to grieve over our loss before I could look to the future. Where could our lives possibly be as meaningful as they might have been in the White House? If we have not achieved our early dreams, we must either find new ones or see what we can salvage from the old. If we have accomplished what we set out to do in our youth, we need not weep like Alexander the Great that we have no more worlds to conquer. You must accept that you might fail; then, if you do your best and still dont win, at least you can be satisfied that youve tried. If you dont accept failure as a possibility, you dont set high goals, and you dont branch out, you dont try you dont take the risk. Dont worry about polls, but if you do, dont admit it. Informed journalists can have a significant impact on public understanding of mental health issues, as they shape debate and trends with the words and pictures they convey.... They influence their peers and stimulate discussion among the general public, and an informed public can reduce stigma and discrimination. There is nothing more important than a good, safe, secure home. (President Jimmy Carter about Rosalynn Carter) Theres very seldom a decision that I make that I dont discuss with either to tell her after the fact what Ive done, or, very frequently, to tell her my options and seek her advice.

The Reasons for the Travelers' Discontent with the Service Quality in Case Study

The Reasons for the Travelers' Discontent with the Service Quality in Flight - Case Study Example In this paper, we will look at the major problems faced by customers and come with ways to overcome them in the light of HR. We will make a human resource strategy plan which these airlines should apply for their proper management.The world of the airline business is increasing rapidly. The customers demand and expectations of people from airlines are increasing. But the only focus of airlines these days is to increase their market share, and in this bid, they tend to neglect many other issues which impact customer satisfaction. According to HR, it’s a duty of every company to provide good and satisfactory services to customers. This service doesn’t only promote the business but also makes a loyal customer of the company.Today’s customers aren’t very happy and content with the services provided by airlines. And most of these issues are related to customer services which eventually come under the human resource department. The ironic thing is that where tod ay’s business world is paying a lot of importance and priority to a human resource, many companies are only focused to make profits.Some of the common issues faced by customers these days by airlines are as following:- Unfriendly services and behavior towards customers in flight;Â   - Security measures are taken in a way that causes difficulties to passengers;Â   - Staffs of airline services are unfriendly and impolite; - Biased treatment to customers on the basis of class that they are traveling;Â   Â  -Unscheduled transit flights; - Slow action towards customers problem; - Unhelpful and hostile behavior towards customer demands and inquires.

Political Economy Theories Assignment Example | Topics and Well Written Essays - 500 words

Political Economy Theories - Assignment Example Marxism is a system of economic, social, and political philosophy based on ideas that view social change in terms of economic factors. This theory asserts that for human beings to survive they must produce and reproduce the materials necessary for life. As a result, the societies are therefore governed by forces of production. Karl Marx believed that although capitalism develops the productive powers of human societies to historically unprecedented heights, it does so in ways, which are also disabling, exploitative, and undemocratic. In order to change this unjust order in the society Marx advocated for a revolution which would see the distribution of wealth from the few owners of production to all members of the society. â€Å"Neo† refers to a new kind of liberalization carved out by an elite group of capitalists from the old liberal school of economics that belonged to famous economists such as Adam Smith. Neoliberalism is in the first instance a theory of political economic practices that proposes that human well-being can best be advanced by liberating individual entrepreneurial freedoms and skills within an institutional framework characterized by strong private property rights, free markets, and free trade. The political economy under neoliberalism is as a result of the following key points. Firstly, there is the liberation of any enterprise imposed by the government regardless of the social damage done to the people. Secondly, neoliberalism calls for the cutting of public expenditure for social services such as healthcare and education. This removes the safety net of the poor leaving them at the mercy of the private enterprises. Thirdly, there is the reduction of government regulation on anything that may diminish business profits. Fourthly, there is the privatization of state owned enterprises under the

Pestle analysis of indian tourism industry

Pestle analysis of indian tourism industry PESTLE Analysis of Indian tourism industry Introduction about the topic : It is time for Indias Tourism sector. Driven by a surge in business traveller arrivals and a soaring interest in India as a tourist destination, the year 2006 has been the best year till date. Incredible India !! India is probably the only country that offers various categories of tourism. These include history tourism, adventure tourism, medical tourism (ayurveda and other forms of Indian medications), spiritual tourism, beach tourism (India has the longest coastline in the East) etc. Explore India choose the locales of your choice, and see what each state has to offer. Lose yourself in the wonder that is India. Meander through lands steeped in chivalry and pageantry that begin before recorded history. Explore modern cities that have grown organically from the roots of a multi-hued past. Make a pilgrimage to holy shrines that echo with tales of antiquity. Frolic on a vast array of golden beaches that dot an enviable coastline, washed by two seas and an ocean. Sport with adventure in style. Let the jungle lure you to a fascinating world at a diverse array of wildlife sanctuaries and national parks. this is the wonder that is India. Indian Tourism industry is one of the most important export industries of the country. Although the international tourist inflow is relatively low, India has found tourism emerging as an important sector of its economy. Tourism yields substantial foreign exchange for India. It is turning into a volume game where a large number of participants are contributing to the revenue of the industry. Segments such as hotels, tour operators, airlines, shipping etc. Growth period of Indian tourism industry The tourism industry in India is substantial and vibrant, and the country is fast becoming a major global destination. Indias travel and tourism industry is one of them most profitable industries in the country, and also credited with contributing a substantial amount of foreign exchange. This is illustrated by the fact that during 2006, four million tourists visited India and spent US $8.9 billion. Several reasons are cited for the growth and prosperity of Indias travel and tourism industry. Economic growth has added millions annually to the ranks of Indias middle class, a group that is driving domestic tourism growth. Disposable income in India has grown by 10.11% annually from 2001-2006. Thanks in part to its booming IT and outsourcing industry a growing number of business trips are made by foreigners to India, who will often add a weekend break or longer holiday to their trip. Foreign tourists spend more in India than almost any other country worldwide. Tourist arrivals are projected to increase by over 22% per year through till 2010, with a 33% increase in foreign exchange. The Tourism Ministry has also played an important role in the development of the industry, initiating advertising campaigns such as the Incredible India campaign, which promoted Indias culture and tourist attractions in a fresh and memorable way. The campaign helped create a colorful image of India in the minds of consumers all over the world, and has directly led to an increase in the interest in tourism industry has helped growth in other sectors as diverse as horticulture, handicrafts, agriculture, construction and even poultry. Welcome to Incredible India Namaskar, Welcome to Incredible India! A journey into mysticism through the land of the unexpected. Bounded by the majestic Himalayan ranges in the north and edged by an endless stretch of golden beaches, India is a vivid kaleidoscope of landscapes, magnificent historical sites and royal cities, misty mountain retreats, colorful people, rich cultures and festivities. Modern India is home alike to the tribal with his anachronistic lifestyle and to the sophisticated urban jet-setter. It is a land where temple elephants exist amicably with the microchip. Its ancient monuments are the backdrop for the worlds largest democracy. If youre planning a holiday to India, looking for hotels and accommodation and events information or simply interested in India as a country you are sure to find many insights on the multifaceted travel options to India here.The timeless mystery and beauty of India can be experienced only by visiting this ancient Land. Theres just one thing youll need to travel through 5000 years of culture and tradition- A comfortable pair of shoes. The following table provides the major tourist attractions in India by state: < Tourist Attraction State Charminar Hyderabad, Andhra Pradesh Kaziranga National Park Assam Qutub Minar Delhi Mangueshi Temple Goa Shimla Himachal Pradesh Dal Lake Jammu and Kashmir Jog Falls Shimoga District, Karnataka Kovalam Beach Kerala Amarkantak Madhya Pradesh Ajanta Maharashtra Puri Orissa Golden Temple Amritsar, Punjab Jaipur Rajasthan Chennai Tamil Nadu Badrinath Temple Uttarakhand Varanasi Uttar Pradesh The various segments within tourism are: Medical Tourism It is one of the fastest growing segments in India. India has been able to leverage on certain advantages it has over other countries like highly skilled doctors, cost effective treatment, improved quality of private healthcare etc. Some of the common treatments for which overseas patients to come to India are heart surgery, knee transplant, cosmetic surgery and dental care. Indias traditional rejuvenation therapy like yoga and ayurvedic therapy are also becoming popular. Eco Tourism It is relatively new segment in India. It involves visiting natural areas without disturbing the fragile ecosystem. Eco tourism generates wealth for the local people, who in turn take measures to conserve and protect the environment and natural resources. India with its natural diversity is one of the pristine places in the world for eco tourism. The Himalayan region, Kerala, Northeast, Andaman and Nicobar Islands and Lakshadweep islands the Western and Eastern Ghats are some of the hot spots for eco tourism in India. India has some of the best wildlife reserves in the world, rich in flora and fauna. Heritage Tourism Heritage tourism is a very lucrative segment in India. It is widely believed it would emerge as the most important segment within tourism in terms of revenue generation by 2010.India has a rich cultural history and reflection of its glorious past is still visible in its numerous forts, monuments, palaces, places of worship etc. Heritage tourism itself can be further classified as colonial heritage, urban renewal, religious tourism, industrial heritage and ethnicity. The Indian government must show keen interest in preserving the heritage sites from a tourism perspective. Adventure Tourism Indias varied geographical and climatic conditions offer excellent opportunity for adventure sports. In recent times the popularity of adventure tourism has increased. Adventure sports like river rafting, rock climbing, mountaineering, trekking, skiing, snow climbing, scuba diving and angling can be undertaken in the country and the country offers multiple locations to choose from. The trans Himalayan region, the Garhwal and Kumaon mountains, the Western Ghats, deserts of Rajasthan, Andaman and Lakshadweep islands are some of the most popular destination for adventure tourism. Future trends The real GDP growth for travel and tourism economy is expected to be 0.2 per cent in 2009 and is expected to grow at an average of 7.7 per cent per annum in the coming decade. Earning through exports from international visitors and tourism goods are expected to generate 6.0 per cent of total exports (nearly $16.9 billion) in 2009 and expected to increase to US$ 51.4 billion in 2019. According to the Ministry of Tourism, Foreign Tourist Arrivals (FTAs) for the period from January to March in 2009 was 1.461 million. For the month of March 2009 the FTAs was 472000.The reason for the decline is attributed to the ongoing economic crisis. In spite of the short term and medium term impediment due to the global meltdown the revenues from tourism is expected to increase by 42 per cent from 2007 to 2017. PESTLE Analysis of tourism industry Definition The PESTLE framework is an analysis tool that is used to identify the key drivers of change in the strategic environment (Johnson et al., 2008). PESTLE analysis includes Political, Economic, Social, Technological, Legal, and Environmental factors. Political effect on tourism industry- Political violence has done considerable damage to tourism in Asia and the Pacific over the past few years. But industry experts say the damage is not necessarily permanent. Governments and industry leaders say much can be done to rebuild tattered tourism reputations. As the world watched, a small band of terrorists killed scores in Mumbai last November. Although India has often suffered from political violence, this attack aimed largely at travelers and foreigners was a new horror. The globally televised attack, coming during an international economic slump, contributed to an eight percent fall in tourist arrivals this year. In Thailand, tens of thousands of anti-government protesters laid siege to Bangkoks airports late last year, essentially trapping more than 350,000 travelers in the country for a week. Before that shock had worn off, a few months later, another group of protesters led violent riots in Bangkok. The two incidents added to the damage from the world economy cut tourist arrivals to Thailand by 20 percent in the first six months of 2009. Phornsiri Manoharn, the chairwoman of the Pacific Asia Travel Association, says many tourists still worry that Thailands political tensions could spoil their visits. When people saw any demonstration like that they associate with the closing of the airport, said Manoharn. Even [though] we dont close [the airport] but they look like the demonstration, that they might and thats why theyre afraid. Tourism is important to the Asia-Pacific region. In Southeast Asia, it contributes over three percent to economic output. In some parts of the region, tourism accounts for 10 percent of employment; in the Pacific island nations of Fiji and Vanuatu, the figure is over 30 percent. But as India and Thailand have seen, violence and instability quickly scare away visitors. Recovery comes, but usually more slowly than after natural disasters. John Koldowski is PATAs communications director. What we have seen in many cases is where there is some sort of intervention effect its been natural or no fault of anybody the rebound has been very quick, he said. Where there has been intent to cause harm as in the case of a say terrorist attack and where there has been a long history of such attacks occurring in that destination or nearby destination, it takes a little longer to come back. But with the right government and industry responses, visitors will return. For instance, in October 2002, bombs set off by Islamic militants on the island of Bali killed more than 200 people, most of them foreigners. The island, one of the worlds most famous tourist destinations, saw arrivals fall by 36 percent in 2003. Koldowski said the first bombings shocked the tourism industry. Bali is a classic case there it took some time [to recover] because it had never occurred there before it was so dramatic and affected specific western tourists, he said. But the Indonesian government cracked down on terrorists and boosted security. And tourism industry professionals worked hard to woo back visitors. When another attack three years later left 20 people dead, PATA reported that tourist arrivals were little affected. And twin bombings at international hotels in Jakarta last July are expected to do little damage to tourism. In South Asia, Sri Lanka and Nepal hope the end of long-running conflicts will entice more visitors. Sri Lankan officials say the end of a civil war earlier this year brought a surge of interest from foreign investors and hotel operators. Dileep Mudadeniya, Sri Lankan Tourism Promotion Bureau managing director, says there are opportunities for tourism, particularly in areas long closed off by the war. North and east, which have not actually taken any kind of development for the last 20 years, virgin beaches, land, monuments is available and the people also come and exploit something or look at something totally undiscovered, said Mudadeniya. We are going on the line which is undiscovered, unspoiled, an island of authenticity, which we can offer. In Nepal, political agreements have ended a Maoist insurgency that lasted more than a decade. The minister for Tourism and Civil Aviation, Sharatsingh Bhandari, says Nepals transition from conflict to peace is in itself a tourism draw. Now we are going to form a new Nepal. So giving the message for the New Nepal and inviting the people to see, not only the prospect of tourism itself but even the process of transition of the political system from bullet to ballot. That was done successfully by the Nepalese themselves, he said. Industry analysts say tourism in Asia is likely to expand rapidly over the next few years. But, the key, they say, is that governments find ways to prevent political violence, and act quickly to calm fears when it does happen. Economic effect on tourism industry- The service economy is driving growth in most OECD countries. It represents a large part of economic activity and its importance continues to grow. Tourism, a large, complex and fragmented industry which is still very difficult to define and measure, is a key component of the service economy (30% of international trade in services in the OECD area). In terms of revenue, OECD countries generate about 70% of world tourism activity. Tourism, which has expanded dramatically over the past 30 years, looks set to continue growing as societies become more mobile and prosperous. Obtaining better information on services, the least developed side of statistics, is an important challenge for statistical agencies and a necessity for political analysis. Measuring tourism is part of a wider move to improve our knowledge of how economies work, what they produce and what changes occur over time. It is no longer enough to measure physical flows (arrivals and overnight stays) and monetary data (revenue and expenditure relating to international tourism). In the early 1980s, the OECD began work to set up a model acceptable at international level which gave rise to the OECD Tourism Economic Accounts, which measure certain socio-economic aspects of tourism. While developing this tool, the OECD produced a more precise definition of tourism, visitors and tourist expenditure [Note: OECD (1996), OECD Tourism Statistics Design and Application for Policy]. Despite its economic importance, governments, especially in developed economies, still do not adequately recognise tourism. For this reason, the OECD has developed and recently approved the OECD Guidelines for a Tourism Satellite Account and an Employment Module. These integrated statistical tools aim to measure the economic aspects of tourism (value added, jobs, revenue, investment, profits) in order to provide a more convincing demonstration of this activitys economic significance. Furthermore, together with the United Nations, the World Tourism Organization and the European Commission (Eurostat), the OECD has developed a UN-WTO-OECD-EUROSTAT Tourism Satellite Account: Recommended Methodological Framework, approved by the 25-member United Nations Statistical Commission on 1 March 2000. A publication is available. Other work undertaken in this area includes statistical research. OECD and Eurostat regularly organise international forums on tourism statistics to share ideas, experiences and concepts with Member and non-members countries, the scientific community and the tourism industry. The United Kingdom, with the support of Eurostat and the OECD, organised the Fifth International Forum on Tourism Statistics (Glasgow, 20-23 June 2000). Similar forums have been organised in Vienna (1994), in Venice (1995), in Sintra (1996) and in Copenhagen (1998). Technological effect on tourism industry- Definition of Tourism Technology The convergence of industries has forced people to create terminology such as information technology, biotechnology, ubiquitous technology and even cultural technology to explain frequently talked about topics. Tourism Technology is a term that encompasses all social, cultural, managerial, and value-adding activities of the tourism industry. Tourism Technology also incorporates and encourages technological advancements and economic development in the tourism industry. The Origin of Tourism Technology Tourism Technology, initially based on the concept of cultural technology, is a more comprehensive term covering knowledge used to add to the value of tourism products on a micro level and the management of the travel and tourism industry on a macro level. New tourism products are also the end result of tourism technology combining with other industries. These include medical tourism, educational tourism, agricultural tourism, marine tourism and the application of information technology to the travel and tourism industry. Application of Tourism Technology The term technology can easily call to mind scientific achievements, computer graphic skills, special effects and other engineering-related images. However, Tourism Technology encompasses the integrated fields mentioned in the previous paragraph, statistics, managerial and socio-cultural know-how, and skills that the tourism industry can adopt to design, produce, and market various tourism products. In addition to coordinating various aspects of human resources in the travel and tourism industry, â€Å"Tourism Technology† describes a comprehensive field containing but not limited to such widely referred to subjects as entertainment technology, contents technology and creative technology. Software for Tourists One of the latest applications is software that permits tourists to customize their visits according to their preferences. Luis Castillo Vidal, computer engineer of the University of Granada and one of the authors of the study, points out that, in order to design the customized visit plans, they have used Artificial Intelligence techniques, â€Å"a science that provides computers with abilities to solve problems which, in principle, can only be solved by humans†. Users must have access to the internet, either through a computer, a mobile phone or a PDA, in order to be able to access a web where they can define their preferences and needs, such as their artistic, cultural and gastronomic preferences, their lifestyle and favourite hours, whether they are disabled or not and the spending capacity. Environmental effect on tourism industry- The quality of the environment, both natural and man-made, is essential to tourism. However, tourisms relationship with the environment is complex. It involves many activities that can have adverse environmental effects. Many of these impacts are linked with the construction of general infrastructure such as roads and airports, and of tourism facilities, including resorts, hotels, restaurants, shops, golf courses and marinas. The negative impacts of tourism development can gradually destroy the environmental resources on which it depends. On the other hand, tourism has the potential to create beneficial effects on the environment by contributing to environmental protection and conservation. It is a way to raise awareness of environmental values and it can serve as a tool to finance protection of natural areas and increase their economic importance. Three main impact areas: natural resources, pollution, and physical impacts Environmental impacts at the global level Other industry impacts on tourism How tourism can contribute to environmental conservation Social effect on tourism industry- Jamaica is primarily a sun, sea and sand destination and, therefore, the primary recreational activities of visitors include sun and sea bathing on the beaches. Tourists who visit Jamaica are, therefore, primarily involved in activities such as going to the beach, snorkelling, scuba diving and glass-bottom boating. Jamaicas tourism product is dependent on the coral reefs and their associated ecosystems such as seagrass beds and mangroves. These ecosystems are, however, threatened by natural causes and human behaviour such as coastal pollution, rapid coastal development, over-fishing and global warming. All parties involved (the citizens, the tourism industry and the visitors) have a vested interest in the management of the environmental resource base and an obligation to do their part to support this management. If the environment is degraded all parties stand to lose visitors will fail to come (or will be willing to pay less) and the countries will lose an important source of economic benefit. In other words the environment will produce reduced economic, ecological, and amenity benefits. Microeconomic theory is essentially the study of the equitable distribution of scarce goods or benefits. In this example the scarce benefit is the Jamaican beach tourism product. The economic theory provides approaches to making the demand and supply of these scarce benefits more efficient. Demand of the good in this case is the beach-lust (sun, sand, sea) tourism of Jamaica. This is in contrast to the wonder-lust tourism such as safaris, mountain climbing, cultural and heritage tourism that is observed in other parts of the world. The good is supplied at a cost which would include the traditional costs of, labour and capital etc. However when the cost of the provision of the good does not take into account negative externalities such as environmental damage, this results in market failure. If this market failure is not corrected it will result in a loss in social welfare (dead-weight loss). Jamaicas current tourism model is based on the construction of mega super inclusive resorts, which often require engineering solutions such as dredging, groyne construction and limestone blasting in order to create swimming beaches, and construct buildings a few meters away from the high water mark. Construction and operation of tourist facilities such as hotels and other attractions also result in significant alterations to the terrestrial environment, trees, insects, birds etc. Operation of these entities also results in the diversion of resources such as water and electricity which could have been used elsewhere in the society. MARKET FAILURE Increased construction activity in the coast provides relatively short term and low-skilled employment. The intermittent demand for this pool of labour often results in the proliferation of unplanned settlements and squatter communities that are established close to the resort areas. These settlements are typically located in the hills and mountains above the coast. The creation of these communities results in the destruction of the watershed in these areas as well as inadequate sewage treatment and solid waste management. All of which contribute to reduced environmental quality; for example, reduced water quality as a result of increased nutrients and turbidity in the coastal waters. The simple economic analysis of Jamaicas tourism model outlined above suggests that market failure exists. The fundamental reason for the market failure associated with Jamaicas tourism model is the fact that the economic rent associated with the natural environment is not captured by the people of Jamaica. Economic rent is an excess return on an asset, a profit above normal market rates of return. Rents usually arise from assets that are scarce and fixed in supply. Beachfront property is a very good example of the type of assets that will yield economic rent. Or another example is the higher property costs in Coopers Hill or Beverly Hills when compared to Havendale or Mona, the economic rent (or value added) in this case being a view of the city. It can be argued that economic rents such as the beauty and natural environment should accrue to the people of Jamaica and not to foreign tourists or tourism operators. Rents are essentially a type of payment for the use of the resource. So the first reason for market failure is that there is no real capture of economic rents. A second example of market failure is that these tourism entities that are currently gaining all of the rents are also not accounting for the negative externalities of their activities. For example, hotels do not pay for the true costs of pollution and negative impacts associated with the use and operation of their facilities. However the problem of market failure does not stop here. As with several other Caribbean nations, the development of the tourism industry is heavily subsidised by the Jamaican government. Hotels and attractions are given tax holidays (e.g. no taxes for 10, 15, 20 years), duty is waived on imports of construction materials among other things. Additionally, the Governments facilitation such as fast-tracking permit requirements and their suspected role in circumventing environmental and planning regulations can reduce costs to investors and also be viewed as a subsidy. So in addition to the non-capture of rent and ignoring negative externalities, government subsidies to the tourism industry through tax holidays and other waivers also exacerbate the problem of market failure. This in turn means that the welfare of the society i.e. the Jamaican people is even more reduced. POSSIBLE REMEDIES As was highlighted above correcting market failures can be achieved through the implementation of taxes. In the case of Jamaicas coastal tourism this would mean that investors are forced to internalise environmental costs. This would theoretically lead to better environmental management and sustainable development of the tourism industry. However, given the current political climate in Jamaica and the influence of the tourism industry players this suggestion is likely to be received with hostility. Given this fact a more feasible way of capturing some of the economic rent is to capture a small portion of the benefits that accrue to the visitors to the island. This would be through the use of the existing system of arrivals taxes from cruise and stopover visitors to the island. However, unlike the current system where the charges are often hidden in room surcharges or airline tickets the additional environmental tax should be explicitly identified. HIDDEN COSTS There are, of course, wider questions of the true economic contribution of tourism. Clearly tourism is very important to Jamaicas economic sustainability. The Jamaican tourism industry accounts for 32 per cent of total employment and 36 per cent of the countrys GDP according to many studies. However, based on some of the market failures described above, are there more costs that are not being considered? Tourism has many hidden costs, which can have unfavourable economic effects on host countries such as Jamaica. The direct income for a country is the amount of tourist expenditure that remains after taxes, profits, and wages are paid and after imports are purchased; these subtracted amounts are called leakage. For the all-inclusive tourism model, studies show that about 80 per cent of travellers expenditures go to the airlines, hotels and other international companies, and not to local businesses or workers. In addition, significant amounts of income actually retained at the destination level can leave again through leakage. For example, the profits gained by foreign-owned tour operators, airlines, hotels, are repatriated to their home countries. Estimates made for Third World countries range from 80 per cent in the Caribbean to 40 per cent in India. In laymans term, on average, of each US$100 spent on a vacation tour by a tourist from a developed country, only about US$5 actually stays in the developing-country destinations economy. The current tensions between local craft vendors, restaurants and other service industries and large resort chains are all too common and point to the problem of leakage. Super inclusive hotels do not encourage guests to venture outside the walls of the hotel and so most of the tourists experience is limited to the entertainment as well as the sun, sea and sand activities available at that location. One could say that Jamaica the country is not the destination, it is actually the resort that is the destination. More comprehensive studies on this issue are urgently required by our academic institutions in the region. Caribbean researchers have a responsibility to provide balanced information that can enrich the discourse between all the relevant stakeholders. Much of the discourse is driven by short sightedness and politics on one side and passionate advocacy on the other. Too often the arguments of the contending parties (developers versus environmental advocates) are not supported by balanced information. Legal effect on tourism industry- MUSCAT Tourist traffic into the Sultanate is projected to scale new highs next year on the back of a raft of major initiatives, most notably an aggressive campaign targeting new markets, according to the Under-Secretary of the Ministry of Tourism Mini

Cases of Indian Contract Act 1872 Essay

The Carbolic Smoke Ball Company made a product called the â€Å"smoke ball†. It claimed to be a cure for influenza and a number of other diseases, in the context of the1889-1890 flu pandemic (estimated to have killed 1 million people). The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user’s nose and squeezed at the bottom to release the vapours. The nose would run, ostensibly flushing out viral infections. The Company published advertisements in the Pall Mall Gazette and other newspapers on November 13, 1891, claiming that it would pay  £100 to anyone who got sick with influenza after using its product according to the instructions provided with it. â€Å"|  £100[1] reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza colds, or any disease caused by taking cold, after having used the ball three times daily for two wee ks, according to the printed directions supplied with each ball. £1000 is deposited with the Alliance Bank, Regent Street, showing our sincerity in the matter.During the last epidemic of influenza many thousand carbolic smoke balls were sold as preventives against this disease, and in no ascertained case was the disease contracted by those using the carbolic smoke ball.One carbolic smoke ball will last a family several months, making it the cheapest remedy in the world at the price, 10s. post free. The ball can be refilled at a cost of 5s. Address: â€Å"Carbolic Smoke Ball Company, â€Å"27, Princes Street, Hanover Square, London.†| †| Mrs Louisa Elizabeth Carlill saw the advertisement, bought one of the balls and used it three times daily for nearly two months until she contracted the flu on 17 January 1892. She claimed  £100 from the Carbolic Smoke Ball Company. They ignored two letters from her husband, a solicitor. On a third request for her reward, they replied with an anonymous letter that if it is used properly the company had complete confidence in the smoke ball’s efficacy, but â€Å"to protect themselves against all fraudulent claims† they would need her to come to their office to use the ball each day and be checked by the secretary. Mrs Carlill brought a claim to court. The barristers representing her argued that the advertisement and her reliance on it was a contract between her and the company, and so they ought to pay. The company argued it was not a serious contract. Consideration 1.Abdul Aziz vs. Masum Ali, (1914). The secretary of a Mosque Committee filed a suit to enforce a promise which the promisor had made to subscribe Rs. 500 to the re-building of a mosque. Held: â€Å"the promise was not enforceable because there was no consideration in the sense of benefit†, as â€Å"the person who made the promise gained nothing in return for the promise made†, and the secretary of the Committee to whom the promise was made, suffered no detriment as nothing had been done to carry out the repairs. Hence the suit was dismissed. 2.Kedar Nath vs. Gauri Mohamed, (1886) The facts of this case were almost similar to those of the above case, but the secretary in this case incurred a liability on the strength of the promise. Held: The amount could be recovered, as the promise resulted in a sufficient detriment to the secretary. The promise could, however, be enforced only to the extent of the liability (detriment) incurred by the secretary. In this case, the promise, even though it was gratuitous, became enforceable because on the faith of the promise secretary had incurred a detriment. 3.Durga Prasad vs. Baldeo, (1880) B spent some money on the improvement of a market at the desire of the Collector of the district. In consideration of this D who was using the market promised to pay some money to B. Held: The agreement was void being without consideration as it had not moved at the desire of D. 4.Chinnaya vs. Ramayya, (1882) An old lady, by a deed of gift, made over certain property to her daughter D, under the direction that she should pay her aunt, P (sister of the old lady), a certain sum of money annually. The same day D entered into an agreement with P to pay her the agreed amount. Later, D refused to pay the amount on the plea that no consideration had moved from P to D. Held: P was entitled to maintain suit as consideration had moved from the old lady, sister of P, to the daughter, D. 5. Debi Radha Rani vs. Ram Dass, (1941) D is ready to sue her husband for maintenance allowance. On husband’s agreeing to pay her a monthly allowance by way of maintenance, she forbears to sue. Held: The wife’s forbearance to sue amount to consideration for the husband’s agreement for payment of maintenance allowance. 6. Ramchandra Chintaman vs. Kalu Raju, (1877) There was a promise to pay to the Vakil an additional sum if the suit was successful. Held: The promise was void for want of consideration. The Vakil was under a pre-existing contractual obligation to render the best of his services under the original contract. 7. Dunlop Pneumatic Tyres Co. Ltd. Vs. Selfridge & Co. Ltd., (1915) S bought tyres from the Dunlop Rubber Co. & sold them to D, a sub-dealer, who agreed with S not to sell these tyres below Dunlop’s list price and to pay the Dunlop Co.  £5 as damages on every tyre D undersold, D sold two tyres at less than the list price and thereupon the Dunlop Co. Sued him for the breach. Held: The Dunlop Co. Could not maintain the suit as it was stranger to the contract. Capacity to Contract Mohiri Bibi vs. Dharmodas Ghose, (1903) In this case, a minor mortgaged his house in favour of a money-lender to secure a loan of Rs. 20,000 out of which the mortgagee (the money-lender) paid the minor a sum of Rs. 8,000. Subsequently the minor sued for setting aside the mortgage, stating that he was underage when he executed the mortgage. Held: The mortgage was void and, therefore, it was cancelled. Further the money-lender’s request for the repayment of the amount advanced to the minor as part of the consideration for the mortgage was also not accepted. Mistake of Law Solle vs. Butcher, (1950) Ignorantia juris non excusat, i.e., ignorance of law is no excuse, is a well settled rule of law. A party cannot be allowed to get any relief on the ground that it had done a particular act in ignorance of law. A mistake of law is, therefore, no excuse, and the contract cannot be avoided. Mistake as to the Subject-Matter Couturier vs. Hastie, (1856) A agreed to sell a cargo of corn supposed at the time of contract to be in transit from Salonica to the United Kingdom. Unknown to the parties, the corn had become fermented and had already been sold by the master of the ship at Tunis. Held: The agreement was void and the buyer was not liable for the price. Mistake as to the Identity of the Subject-Matter Raffles vs. Wichelhaus, (1864) W agreed to buy from R a cargo of cotton â€Å"to arrive ex-peerless from Bombay†. There were two ships of that name sailing from Bombay, one sailing in October and the other in December. W meant the former ship but R meant the latter contract. Remedies for Breach of Contract Hadley vs. Baxendale X’s mill was stopped by the breakdown of a shaft. He delivered the shaft to Y, a common carrier, to be taken to a manufacturer to copy it make a new one. X did not make known to Y that delay would result in loss of profits. By some neglect on the part of Y the delivery of the shaft was delayed in transit beyond a reasonable time (so that the mill was idle for a longer period than otherwise would have been the case had there been no breach of the contract of carriage). Held: Y was not liable for loss of profits during the period of delay as the circumstances communicated to Y did not show that a delay in the delivery of the shaft would entail loss of profits to the mill. Alderson, B observed in this case as follows: â€Å"Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e., according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both the parties at the time they made the contract, as the probable result of the breach of it.† Quasi Contracts Damodar Mudaliar vs. Secretary of State for India, (1894) A village was irrigated by a tank. The Government effected certain repairs to the tank for its preservation and had no intention to do so gratuitously for the zamindars. The zamindars enjoyed the benefit thereof. Held: They were liable to contribute. A husband promised to pay his wife a house hold allowance of  £ 30 every month. Later the parties separated and the husband failed to pay the promised amount. The wife sued for the promised allowance Held: The wife will not succeed as agreements such as this did not create any legal obligations vis a vis legal relations. Rose & Frank Co. VS Crompton Bros. Ltd. – Intention to Create Legal Relationship Facts: There was an agreement between these two companies by means of which rose and frank co. was appointed as the agent of Crompton Bros. Ltd. One clause in the agreement stated that the agreement is not entered into as legal and formal and shall not be subject to legal jurisdiction in the law courts. Held: There was no binding and legally enforceable contract between the 2 companies as there was no intention to create legal relationship. Upton Rural District Council VS Powell – Implied Contract Facts: A fire broke out in Powell’s farm. He called upon the fire brigade to put out the fire which the latter did. Now Powell’s farm did not come under fire service zone although he believed it to be so. Held: He was liable to pay for the service rendered as the services were rendered by Upton Fire Brigade on an implied promise to pay. Willkie vs. London passenger transport board – Implied Agreement When a transport company runs a bus there is an implied offer by the transport company to carry passengers for certain fare. The acceptance of the offer is complete as soon as a passenger boards a bus – that is, implied acceptance. Boulton Vs Jones (1857) – Offer made to a particular person Facts : Jones used to have business dealings with Brockle Hurst. He sent an order (offer) to Brockle Hurst for the purchase of certain goods. By the time the order reached Brockle Hurst, he had sold his business to Boulton. Boulton receiving the order sent all the goods to Jones as per the order without informing Jones of the changing of the hands of the business. When Jones learnt that the goods were not supplied by Brockle Hurst, he refused to pay for the goods. His contention was that he had never placed an order to Boulton, the offer being made to Brockle Hurst, and therefore had no intention to make a contract with Boulton. Held: Jones was not liable to pay ( – Section 64 will also apply ) Carlill VS Carbolic Smoke Ball Co. (1893) – General offer Facts: The defendant company advertised in several newspapers that a reward of  £ 100 would be paid to any person who contracted influenza, cold, or any other disease associated with cold even after using the smoke balls of the company – a preventive remedy, 3 times a day, for 2 weeks in accordance with the printed directions. They also announced that a sum of  £ 1000 had been deposited with the Alliance Bank as a proof of their sincerity. The plaintiff, Mrs. Carlill had seen the advertisement, used the smoke balls according to the printed directions and for a period as specified, but still contracted influenza. She sued the defending company to claim the reward of  £ 100 as advertised by the company. The defendants argued inter alia that it was impossible to contract with the whole world and that she should have notified / communicated to them of her acceptance of the offer. Held: Rejecting the argument the Court held that the advertisement constituted the offer to the whole world at large ( – general offer) which was accepted by the plaintiff by conduct. ( – by using smoke balls) . Therefore she was justified to the reward of  £ 100. The Court observed that by performing the required act and complying with the necessary conditions attached to the offer of this kind ( – general offer) — the offeree has sufficiently accepted the offer and there is no need for any formal notification / communication of her acceptance to the offer. Note – This is the principle of English Law of contract and endorsed by Section 8 of ICA. The effect of the decision in Carlill’s case is that performance of stipulated condition of the proposal is not only acceptance of the proposal but it is also sufficient communication of the acceptance. Lalman Shukla vs. Gauri Dutt (1913) Facts : In this case, G (defendant) sent his servant l (plaintiff) in search of his missing nephew. G afterwards announced a reward for information concerning the missing boy. It traced the boy in ignorance of any such announcement. subsequently when he came to know of this reward, he claimed it. Held : It was held that since the plaintiff was ignorant of the offer of reward, his Act of bringing the lost boy didn’t amount to the acceptance of offer and therefore he was not entitled to claim the reward. Fitch vs. Smedabar Held : In this case the American Court has held that a reward cannot be claimed by one who didn’t know that it had been offered. Harbhajan Lal vs. Harcharan Lal Facts : In this case a young boy had run away from his father’s house. The father had offered a reward of Rs. 55 to anyone who finds the boy and brings him home. The plaintiff who was aware of the offer of reward found the boy on a railway station and informed the father. The plaintiff claimed the reward. the father contended that since the plaintiff had not brought the boy; he is not entitled to the reward. British judge means the( C.J of the privy council ) held that although there is no strict compliance of the condition of the reward, the plaintiff was however aware of the reward, the plaintiff was however aware of the reward an there is substantial performance. The plaintiff was held entitled to succeed. {information was very much trust worthy based on which father.} Harvy vs. Facey Facts : The defendants were the owners of the plot of land named † Bumper Hall Pen â€Å". The plaintiff being interested in purchasing the same sent a telegram to the defendants â€Å"will you sell us Bumper Hall Pen ? Telegraph lowest cash price â€Å".(1st telegram) The defendants replied also by a telegram † lowest price for BHP,  £ 900 asked by you†. (2nd telegram) The plaintiff immediately sent another telegram to defendants – â€Å"we agree to buy BHP for  £ 900 as asked by you†. (3rd telegram) The defendants subsequently refused to sell the plot of land at that price. The plaintiffs contained that the telegram from the defendants quoting lowest price was an offer and the same has been accepted by the plaintiff and thus, the contract is complete. The defendants contended that quoting the price was not an offer which could be accepted. Held: The Judicial Committee of Privy Council held that the exchange of the above telegrams have not resulted into a contract. It was observed that the 1st telegram had asked two questions regarding willingness to sell and the other regarding the lowest price. In reply only the lowest price was quoted and this was not an offer but a mere supply of information as desired by the other party. The third telegram from the plaintiffs saying † he agrees to buy† was only an offer and not the acceptance of an offer. Since this offer of the plaintiff had not been accepted, there was no binding contract between the parties. Fischer vs. Bell (1961) – Display of goods Facts: The defendant – Bell, exhibited in a show window in his shop, a knife with a marked price. The question arose whether the exhibition of that knife in the show window executed an offer for sale. Held: Lord Parker, the chief justice, stated that the display of an article in a shop window is merely an invitation to treat. It is in sense an offer for sale, the acceptance of which constitutes a contract. It is quite impossible to say that an exhibition of goods in a shop window in itself an offer for sale. Pharmaceutical Society of Great Britain vs. Boots Cast Chemist Ltd. (1952) – Display of Goods Held : The display of articles on shelves in a self-service shop / store merely amounts to invitation to treat. Ramsgate Victoria Hotel Company vs. Montefeire (1866) – if time not stipulated Facts : On 8th June, M offered to take shares in R company. He received a letter of allotment on 23rd November. M refused to take the shares. Held: M was entitled to refuse as the offer had lost by the delay of acceptance since the period of 5 months was not a reasonable one. Hyde vs. Wrench (1840) – Counter offer Facts : W, the defendant, had offered to sell his farm to H, the plaintiff, for  £ 1000. upon the defendant’s refusal to sell the farm, the plaintiff brought an action for specific performance. Held: The Court held that an offer to buy for  £ 950 was not an acceptance of the offer to buy because the offer to sale was for  £ 1000. it was a counter offer and a counter offer to a proposal amounts to its rejection. As such no contract had come into existence between the parties. Neale vs. Merret – Counter offer Note – this case law also highlights that the offeree must not deviate from the terms and conditions of the original offer as laid down by the offerer. Facts : M, the defendant offered to sell land to N the plaintiff at  £ 280. N accepted and enclosed #80 with a promise to pay the balance by monthly installments of  £ 50 each. Held: There was no contract between M and N as the acceptance was not qualified ( unconditional). Thus, an offer once rejected is dead and cannot be revived by its subsequent acceptance. Brogden vs. Metropolitan Railway Co. (1877) – Acceptance communication necessary Facts : A draft agreement relating to supply of coal was sent to the manager of a railway company viz. Metropolitan Railway company. For his acceptance the manager wrote the words, approved and put the draft in his drawer of his table intending to sent it to the companies solicitors for a formal contract to be drawn up. Through oversight the contract remained in the drawer. Held: There was no contract because there was no communication of acceptance. Felthouse vs. Bindley (1862) – Acceptance communication necessary Facts : F (uncle) offered to buy his nephew’s horse for  £ 30 saying â€Å"if I hear no more about it I shall consider the horse mine at  £ 30.† (offer must not thrust the burden of acceptance.) the nephew did not write / reply to F at all. He told his auctioneer, B to keep the particular horse out of sale of his farm stock as he intended to reserve it for his uncle, F. B the auctioneer, inadvertently, sold the horse. F sued him, B, for conversion of his property. Held: F has no right of action against the auctioneer since the horse was not sold to him. This offer of  £ 30 having not been properly accepted, since the nephew had not properly communicated the acceptance to F. The Court observed that it was clear that the nephew had in his mind the intention to sell his horse to his uncle. But an unconditional assent to accept unaccompanied by any external inclination will not suffice. Normally the person to whom the proposal is sent need not reply and the general rule – acceptance of offer – will not be implied, intended from the mere silence on the part of the offeree. Adams vs. Mindsell (1818) – Acceptance by non-instantaneous methods Note – this was the first case in which the rule of acceptance by non – instantaneous methods was propagated. Household Fire & Carriage Accident Insurance Co. Ltd vs. Grant Note – one of the more obvious consequence of the postal acceptance rule is that the offerer must bear the price of the letter of acceptance being delayed or lost. This based on the fact that posting the acceptance makes it invariably out of the offeree’s control. Held: In household fire case, the Court of appeal held that the defendant, Grant, was the offerer who had applied for shares in the company and to whom a letter of allotment ( acceptance letter, hence the company is the acceptor) had been posted but which had not reached him was nevertheless, liable as a share holder. The legal defects of the Court’s decision is that acceptance is complete as against the offerer, that is, the offerer will be bound as soon as the letter is posted. A binding contract takes place between the parties even if the letter of acceptance is delayed due to postal strike or loss in transit. Where however, the delay or loss is due to the fault of the acceptor, as in the case of an acceptance, which is incorrectly addressed, or insufficiently stamped. The rule is that it will take effect of and when it is received by the offerer, provided the offer is still enforced by them or is received within a reasonable time. Durga Prasad vs Baldeo (1880) – Consideration must be given at the desire of the promisor. Facts : The plaintiff, baldeo, at the desire and requset of the elecotr of the town expanded money in the construcvtion of a marjet in the town. Subsequently the defendants, Durga Prasad & Ors. Occupied the shops in the market. Since the plaintff had spent money for the constructoin of the market, the defendants in consideratoin thereof, promised to pay to plaintiff, a commission on the articles ssold throuhg their (defendants) shops in that market. Defendants however, failed to pay the promised commission, the plaintiff brought an action to recover the promised commission. Held: The plaintiff will not succeed since the agreement was void for the want of consideration. It was observed in this case that the consideration of the promisre to pay the commission was the construction of market by the plaintiff. But the expenses incuurred by the plaintiff in construction of the market was not there in the desire of the defendants (promisors) but at the instance/ request of the 3rd party ie, contractor of the town. It was therefore, held that since the consideraion for the construction of markeet did not move at the desire of the defendants., that is, the promisor ( D & Ors.). It did not constitute a valid / good consideration. Hence the defendants were not liable in respect of the promise made by them, following the first legal rule. Kedarnath Bhaattacharya vs Gauri Mohammed. (1887, Cal HC ) Facts : The town planners of howrah,thought advisable to erect a townhall at howrah,provided sufficeient subscription were collected.with the object in view the commisioner of howrah municipality started to raise necessary fund by public subscription.the defendants one of the subscribor’s of this fund for Rs 100 signed his name in the subscription book at that amount. On the faith of the promised subscription the plaintiff (commisioner of the howrah municpality) entered into a contract with a contractor for the purpose of the building the town hall. Later the defendant subscriber referred to pay the amount upon the promise to pay / subscribe. In other words ,he contended that there would be no personal benefit / significance by the construction of the hall. Held : He was held liable. It was observed that in he case person were asked to knowingly subscribe the purpose to which the money was to be applied / use. They also knew, that on the faith of their subscription and an obligation was to be incurred to pay the contactor for the work. The Act of plaintiff is entering into contract with the contractor was done at the desire of the prommisor so as to constitute a good consideration within the meaning of the section 2(d) of ICA. Chinnaya vs ramayya (1882 Madr HC) Facts : A, an old lady, granted / gfted an estate to her daughter the defendant, with the direction / condition that the daughter should pay an annuity ( annual payment ) of Rs 653 to A’s brother, the plaintiff. On the same day the defendant, daughter (promisor) , made a promise vis a vis an agreement with her uncle that sshe would pay the annuity as directed by her mother, the old lady. Later the defendant refused to pay on the ground that her uncle (promisee, plaintiff) has not given any consideration. She contended that her uncle was stranger to this consideration and hence he cannot claim the money as a matter of right. Held: The Madras HC held that in this agreement between the defendant and plaintiff the consideration has been furnished on behalf of the plaintiff (uncle ) by his own sister (defendant’s mother). Although the plaintiff was stranger to the consideration but since he was a party to the contract he could enforce the promise of the promisor, since under Indian law, consideration may be given by the promisee or anyone on his behalf – vide Section 2 (d) of ICA. Thus, consideration furnished by the old lady constitutes sufficient consideration for the plaintiff to sue the defendant on her promise. Held, the brother / uncle was entitled to a decree for payment of the annual sum of money. Thomas vs Thomas (1842) Tweddle vs Atkinson (1861) {See Bottom } Held: It was held in these cases that the under the English law, that if the consideration is furnished by any person other than the promisee himself, then the promisee is relegated to the position and status of a stranger to the consideration and therefore, he cannot sue for promise. Harvey vs Gibbons : Facts : In this case a servant was promised  £ 50 in consideration of promise that he would release a debt to his master. Held: This is legally impossible. Collins vs Godefroy (1831) – Facts : The promisee, plaintiff, received subpoena (summon from the Court) to appear at a trial as a witness on behalf of the defendant (promisor). The defendant promised him a sum of money for the troubles which was to be taken by him in appearing that case. A person who receives a subpoena is bound to attend and give evidence before the Court. Later the defendant refused to pay the promised amount. The plaintiff sued him to recover the promised amount. Held It was held that there was no consideration for promise. The plaintiff being already a legal duty to attend. But where the undertaking is to do something more than what the promisee is legally bound. This may constitute a good consideration for the promise of the promisor. Glasbrook Bros. Ltd. Vs Glamerglan County Council (1925) Facts : Glamerglan County Council, a police authority, sued for a summ of  £ 2200 promised to it by Glasbrook Brothers Ltd. a colliery company. The police authority had provided a stronger guard during a strike, as required by the company than was in its opinion, necessary. Held : It was held that providing stronger guard then what was actually necessary was a good consideration and the defendants were liable to pay for the same. Tweddle Vs Atkinson Note – The rule that only parties to the contract can sue each other was recognised for the first time in 1861 in this case. Facts: In this case, the plaintiff, A , married a girl B. After this marriage a contract in writing was made between the fathers of the married couple that each should make a payment of a certain sum to A who should have the power to sue the executors of her father in law’s estate for the promised money by the father in law. Held: It was held that the husband could not sue her since 1. He was not a party to the contract (stranger to a contract), as also 2. No consideration has moved from him to his father in law (stranger to the consideration) Guarantee – Bailment GUARANTEE Madho Shah vs Sita Ram Note – The liability of the surety is said to be † vicarious † with that of the Principal Debtor. Vicarious liability means that the liability between two parties is joined and several. The Principle of Vicarious Liability involved in a contract of guarantee was recognised for the first time in this case. R . Lilavati vs Bank of Baroda The loss of securities by the creditor results in the discharge of the surety – vide Section 141. If however the pledged securities are lost without any fault of the   Reed vs Dean Facts : ‘A’ hired a motor from B for a holiday on river Thames. The motor caught fire and A was unable to extinguish it as the fire fighting equipment was out of order. As such he was injured and suffered loss. Held : B was liable as it was a case of non gratuitous bailment. Misa vs Currie Facts : A customer had two separate accounts with a bank and he owes to the bank on of the accounts. The bank can liquidate / realize the debt due to it by transferring money there from. The same provision is equally applicable to India. UPTON-ON-SEVERN RURAL DISTRICT v. POWELL (1942); briefed 9/10/94, pg. 171. Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: ∆’s barn was on fire and he called the local Upton police chief and asked him to send â€Å"the fire brigade†. The Upton fire brigade showed up and began to put out the fire. While the fire was still burning, a neighboring fire chief came by and informed all that the farm was really in his district, and so the Upton fire brigade was not under obligation to put it out for free. When the ∆ refused to pay for the service, they sued. Nature of the Risk: You may contract by implied promise when you ask for assistance in protecting your property. Issue: Was there a contract between the fire brigade and the farmer by implied promise of the farmer to pay if payment was required? Holding: Yes. Parties create a contract by implied promise when one renders service that requires payment, even though the other may not be aware that the service requires payment. Reasoning: The court reasoned that the fact that neither intended to enter into a contract was irrelevant. The contract was created because the service was performed and therefore there was an implied promise to pay. Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6 is a famous English contract law decision on the nature of anoffer. The Court held that the display of a product in a store with a price attached is not sufficient to be considered an offer, but rather is an invitation to treat.