Saturday, March 21, 2020
Romeo And Juliet Details Essays - Characters In Romeo And Juliet
Romeo And Juliet Details Romeo and Juliet William Shakespeare is generally regarded as one of the greatest writers of English literature. Romeo and Juliet is considered one of Shakespeare's most popular plays of all time. It is a compelling and timeless drama about innocent, young lovers separated by their feuding families. In Romeo and Juliet, Romeo Montague is the tragic hero. As the play develops, Romeo grows from boyhood to manhood through his change from lust to love. In the beginning of the play, Romeo is a little boy moaning over love. Sad because he is not with the women he believes he loves, "Bid a sick man in sadness make his will. Ah, word ill urged to one that is so ill!" . Never experiencing the true meaning of love; he prances around, acting as if he knows of true love. For example, He explains his emotions to be, "A madness most discreet, A choking gall, and a preserving sweet" (I, i, 191-192). He believes he is in love with Rosaline, "I do love a woman" but is only lust from a young man ( I, i, 203). It is lust because Romeo is easily persuaded by Benvolio to go to the Capulet ball to look upon other beautiful ladies, "Sups the fair Rosaline whom thou so loves; With all the admired beauties of Verona. Go thither, and with unattainted eye Compare her face with some that I shall show, And I will make thee think they swan a crow" (I, ii, 85-89). Romeo enters the Capulet ball where he meets Juliet. At the ball, Romeo sees Juliet for the first time, "What lady's that, which doth enrich the hand/Of yonder knight?" (I, iv, 41-42). There is no turning back for him now. He does feel something, "Did my heart love till now? Forswear it, sight!/For I ne'er saw true beauty till this night" (I, v, 51-52). Is it love at first sight? He is quick in his confession of love towards Juliet. It is not love but lust because hours before those same feelings were devoted to Rosaline, "She hath forsworn to love, and in that vow/Do I live dead that live to tell it now" (I, i, 221-222). Romeo is still young and wild at heart. His emotions are uncontrollable. He is not mature enough to know what he is feeling. Romeo chases Juliet to the balcony, and speaks softly to himself as he see her, "Her vestal livery is but sick and green, And none but fools do wear it. Cast it off" (II, i, 7-8), which has sexual meaning. Interpreted means, "You don't look good in those clothes so Take them off!". This is an example of lust at its highest peak. Also in the balcony scene, as Juliet is being called upon by the nurse, Romeo says, "O, wilt thou leave me so unsatisfied," also being of sexual context (II, ii, 125). In astonishment, Juliet replies, "What satisfaction canst thou have to-night?" (II, ii, 126). Romeo replies back, "Th' exchange of thy love's faithful vow for mine" (II, ii, 127). Only knowing Juliet for a matter of hours; he confesses his love, and has already forgot about Rosaline, "No. I have forgot that name and that name's woe" (II, iii, 46). Wanting to marry Juliet, Romeo goes to Friar Lawrence for help, "I'll tell thee as we pass; but this I pray, That thou consent to marry us to-day." (II, iii, 63-64). From this point, it does show that Romeo is starting to get serious about his affections towards Juliet. Without consent from their parents, Romeo and Juliet get married. The true Romeo is starting to emerge as he steps up to the manly responsibilities of marriage. After being married, Romeo is confronted by Tybalt. Romeo hesitates in fighting him, "I do protest I never injured thee, But love thee better than thou canst devise. Till thou shalt know the reason of my love; And so, good Capulet, which name I tender/ As dearly as mine own, be satisfied," because Tybalt is family to him now (III, i, 68-71). This is where Romeo shows the deepest passions of love towards Juliet. Fighting is the last thing on his mind. He does not permit himself to fight Tybalt because of his love towards Juliet. Tybalt, the villain he is, pushes Romeo into fighting him by killing Romeo's bestfriend, Mercutio. Romeo slays Tybalt, and is thereby banished by the Prince, "Immediately we do exile him hence" (III, i, 185). After Romeo
Thursday, March 5, 2020
Existentialism and Human Nature Essays
Existentialism and Human Nature Essays Existentialism and Human Nature Essay Existentialism and Human Nature Essay Absolute individualism and absolute freedom: the footing of all existentialist statements. The existentialistââ¬â¢s constructs arise from their held positions that since we are all finally alone. we have absolute freedom over our nature. Existentialists emphasize the free and witting self which opponents invariably onslaught. crying that there is a higher power enabling our consciousness. But are worlds so simple? Can things be explained entirely on faulting ourselves or another being for our nature? The existential philosopher by and large believes in a exclusive being ; intending that we are entirely in the universe. and that we have no 1 but ourselves. They besides believe in the human beingââ¬â¢s capacity to experience more than one sort of hurting. and that there are three different degrees to our hurting. physical. psychological. and emotional. All of these types of hurting can do us to go irrational and dying. But are we truly dying because of this hurting. or is it because we finally experience entirely? And if we are all persons. can we truly experience the same sort of hurting as person else? Existence precedes kernel is besides dominant in the head and ideas of the existential philosopher. That is. the thought that we are born into this universe without a preset nature. and merely subsequently in life do we determine out nature through actions and picks. This opposes the traditional position that is that kernel precedes being. harmonizing to which we are seen as holding a intent. and values. all of which is determined before birth. ( I personally think that the thought of kernel predating being is instead vague. There is no manner that our values and aim can be determined by familial codification. Deoxyribonucleic acid is what we are. non who we are. ) Existentialists pose another inquiry to the resistance: how can we be happy in a universe devoid of significance and significance? The loss of external values allows us to deduce value from within ourselves. This value is greater than any imposed by outside forces. and therefore can non be taken off from said beginnings. Although many human existences live a life devoid of true felicity. it does non intend that we are incapable of achieving such a end. If a individual finds the significance for their life. whether it be one significance. or many. there is a big opportunity that they can accomplish such a Utopia without acknowledging outside influences. Peoples of different point of views follow different methods. every bit good as believe in different forces that shape our nature. It is in my sentiment. every bit good as that of the existential philosopher. that we shape our ain nature through determinations and actions made by our ain free will ; that we are finally free to move independently from the influences of outside forces. That we can finally disregard the positions imposed on us. and accomplish a sustainable degree of felicity in the procedure. Human nature is a frail thing ; people are merely looking for person else to fault for their actions and for who they are. even when there isnââ¬â¢t any. Therefore. there is no 1 to fault for who we are. but ourselves.
Tuesday, February 18, 2020
Creating a Strong Monarchy System during the Reign of Henry IV Essay
Creating a Strong Monarchy System during the Reign of Henry IV - Essay Example With France shattered with these fights, Henry IV was determined to end the enmity that characterized the country of France, create more freedom for religious movements, halt the war between various religious groups and enhance the power of the government. To achieve these goals, Henry IV embarked on a series of strategic actions that allowed him to achieve significant success in these areas, and despite his assassination, people will still remember him for his outstanding successes. Asà the King of France, Henry IV realized the importance of building an administrative center, which he did in Paris by initiating radical changes (Ranum 87). This was to become Henryââ¬â¢s official residence and a center for government businesses could be carried. For instance, issues such as tax collection could be translated into the Palace des Vosges in Paris. The construction of the palace in the 17th century was also a vital achievement to Henry IV who was keen in establishing a strong monarch y government controlled the people of France in many aspects of their lives (Hsia 164). This palace, which became a model for other city centers, signified his power.When Henry IV came into power, he became interested in making peace with the church by creating more freedom for the Protestants. Faced with this task, Henry was quick to note that creating more freedoms to the religious groups like Protestants could make him more popular than he was, at least before the Protestants. To achieve this goal, Henry IV issued the Edict of Nantes in 1958 (Melton 201). This edict provided freedom to the Huguenots who had fewer religious liberties. For a long time, the Catholic crown found itself at a collision course with Franceââ¬â¢s Huguenots who felt that their privileges were being denied. However, Henry IV was quick to call for a lasting solution that would make the Huguenots end their rebellions. Therefore, Henry IV promulgated the Edict of Nantes, which gave the Huguenots religious t olerance in France. Because of Henry IVââ¬â¢s role, people started to respect the religious liberty of other people across French society.
Monday, February 3, 2020
Analysis of Warmart annnual report 2009 Essay Example | Topics and Well Written Essays - 4000 words
Analysis of Warmart annnual report 2009 - Essay Example Wal-Mart Stores, Inc. functions Wal-Mart discount stores, super-centers, local markets and Sams Club sites in the United States. The company also functions in Argentina, Brazil, Canada, Chile, China, Costa Rica, El Salvador, Guatemala, Honduras, India, Japan, Mexico, Nicaragua, Puerto Rico and the United Kingdom (Wal-Mart Issues 2009 Annual Report to Shareholders). According to Rob Walton, Chairman of the Board of Directors, Wal-Mart Stores, Inc., the world requires a retailer that saves individualsââ¬â¢ money to provide them a better life. The director of the company is proud to know that millions of customers as well as the new ones are turning to them for their service. They are better placed than ever to meet the requirements of our consumers and members. Their approaches are distinctly defined and their management group is united and focused on distributing the best possible experience for customers and associates. The merchandising group functions with suppliers to guarantee value, diversity and quality. What works behind their success is the global price leadership position. They are much more committed to sustainability, liable sourcing and affiliate opportunity which creates a difference for them. Development opportunities keeps on emerging even in complicated business environments. Their major strength is their consistency which in turn helps them to maintain leadership. Mike Duke is committed to the values and goal that are Sam Waltonââ¬â¢s birthright, in addition to the members, consumers and shareholders. Lee Scott, ex-CEO for nine years, assisted Wal-Mart to reach heights of sustainability, variety and inclusion of all individuals and helped the owners to engage with others on crucial issues like health care, and also supported to strengthen Wal-Martââ¬â¢s status as a reliable and caring company. The management of Wal-Mart always tries to present its financial reports in a clear and
Sunday, January 26, 2020
The effect of human population growth on resources
The effect of human population growth on resources Human Population growth and the effect on natural resource consumption In the last 50 years the world population has grown faster than ever before, and in many countries and regions of the world this population growth and the consumption of natural resources resulting from this growth is becoming a matter of great concern for governments and international development agencies (World Bank. 2004). National populations are expected to grow in every countries of East, Southeast, and South and Central Asia except Japan and Kazakhstan, populations will double or nearly double in Pakistan, Nepal, Bangladesh, Afghanistan, Cambodia, and Laos, growth rates will also be particularly high in India, Indonesia, Iran, Malaysia, Mongolia, Myanmar, the Philippines, and Vietnam (Asia Population, 2013). This implies an enormous concern for the reason that population growth represents more consumption, depletion, contamination and use of natural resources. This essay aims to discuss the population growth crisis, specifically the relationship between population growth, envi ronmental sustainability and ecological impacts due to human intervention on environment. In 1798, Thomas Malthus studied the nature of population growth in Europe, he claimed that population was increasing faster than food production, and he feared that eventual global starvation may become unsustainable on the years to come (Malthus, 1798). Several researchers still debate this theory, nevertheless, it is clear that the patterns of consumption and degradation of resources are directly related to population growth and human consumption of natural resources both in developing and developed countries. Some authors doing research about human population growth argue that a key component to achieve sustainable development is to slow population growth by helping couples to limit their family size (Public Health Reports 1992). However, birth control and population management is not the only strategy required to reduce population growth. Population growth control is not only effective by introducing birth control mechanisms, is it also important to recognize that the medical and scientific advances represents a huge and significant factor regarding population increase. To elaborate, there have been over the years enormous developments on the reduction of infant mortality rate, for instance, mortality rate has dropped significantly compared to fifty or sixty years ago and the control of diseases such as cholera, malaria and dengue are becoming more effective every day, adults rate expectancy is increasing and adults are extending their life expectancy by several years than they used to achieve decades ago. As a result, a greater production and consumption of resources is necessary to sustain the population, and it is unclear whether the food production is capable of growing as fast as population growth is able to grow in the modern world. Environmental problems can be classified according to the nature of the damage to human health (Holdren and Ehrlich, 1974), the authors argue that Environmental problems are usually a direct effect of wrong human interacti ons and resource exploitation. Common and every day diseases (lung disease due air pollution, lead poisoning and so many more) are the direct consequence of human activities, the pollution of coastal waters, the acceleration of erosion in agricultural soils are the result of human activities and global degradation on environment. One of the most important problems that requires observation is food production and soil fertility because this kind of degradation is a direct consequence of human activity. Soils increasingly lose their ability to store nutrients and be productive in their cycles, Water consumption for crops also becomes higher and less sustainable, and production is constantly decreasing, resulting in a threatening an irreversible damage to the environment. One example of this problem is the alteration of areas in the lush of the Tigris and Euphrates Valleys through erosion and salt accumulation, consequence of bad irrigation practises and systems (Thorkild and Adams, 19 58 ), the Rajasthan desert in India is also a perfect example of the human pressure on the environment. Another example is the pressure to expand agricultural areas, leading to damaging efforts to cultivate land that is unsuitable to cultivation, such as the expansion of cultivation on hillside in Indonesia, leading to serious erosion and new environmental problems (Ravenholt, 1973). Countless examples of bad agricultural practises can be found around the globe, the techniques of temperate-zone agriculture to the tropical soils of Brazil, leading to the loss of the soil nutrients and erosion can be found in South America (McNeil, 1972). Coastal regions are also affected by the human consumption and mismanagement of resources, impacts due the human activity are evident, the mismanagement of waste disposal, water mismanagement, metals and fertilizers residues and oil spills, harmful pollutants hurled to marine ecosystems, mining, CO2 emissions, greenhouse emissions, and many more harm ful environmental practices can be found on different parts of the globe. The New technologies, achievements and developments in the last hundred years concerning agriculture are not resolving these environmental conflicts in a small period of time, for this reason it is urgent to find creative solutions to address these issues and achieve sustainability in order to create a consistent solution to the population growth concern. According to naturalist Sir David Attenborough (BBC, 2010) there are three favourable ways to get sustainable development; first: stop consuming so many resources, and one of the theories is that developed countries should stop using so many resources in order to allow developing countries to meet their demand for resources, An example of this is the production methods of food that many developed countries have on countries like China and Africa to meet their own needs and to export and sustain their own population, causing a enormous demand problem in production that constrain this developing countries (Developing countries need to meet their own food supply requirements and at the same time they have to produce extra supplies to meet the demand from foreign countries using their land). The Second proposal by Attenborough, is the change of our technology and production methodologies by using alternative methods of agriculture and energy production. It is a fact that the struggle to minimize the use of fossil fuels and promote the use of clean renewable energies is a difficult and constant effort, however an embedded question comes to attention: is the use of clean energy affordable to implement in developing countries? The cost and resources are not yet clear to respond that question. The third proposal presented is about reducing population growth, and to reduce population growth education is also essential. Education on contraceptive methods and access to effective birth control systems are basic especially in developing countries where resources are scarce and population growth worsens the circumstances to access basic needs. It is evident that developing countries are more commonly the ones to have more population growth worldwide (refer to table 1 and chart 1 appendices) and this increase in population is the direct cause of many of the numerous environmental problems in those countries. Conclusion: It is clear that population growth has a negative impact on the environment, the intensification of agriculture, the uncontrolled industrialization and economic growth, the depletion of resources and the destruction of natural habitats is evident and undeniable in our current world. For this reason it is necessary to implement intelligent and concrete strategies to minimize the impacts and effects of environmental degradation. There is an urgent need to look for real development solutions and sustainable policies to maximize the use of resources without degrading the environments capacity to restore it self and simultaneously obtain a balanced assessment for the impact that humans perform on the planet. Human capacity for improvement and technology opens daily windows and doors to new sustainable solutions that can generate substantial changes in the levels of production, conservation and renewal of ecosystems and resources. Governments are required to achieve improvements and find w ays to be more involved in environmental issues, seeking to improve the quality of life, health and livelihood of their populations through viable and sustainable solutions for the correct use of resources. It is the responsibility of governments, communities and every person on the planet whether living in a developed or developing country to find solutions and alternatives to benefit not only current generations but also future generations to come. Human carrying capacity must not reach its limits before finding solutions to actual problems, human influence and positive technological advances and current developments on issues such as environment must be a permanent strategy to minimize the ecological footprint of humans on resources. Proper Education, correct land management, technological improvements, economic investment, proper resource management and awareness, and better public policies regarding natural resource management are crucial and vital elements for the development of communities and poverty eradication around the world. Appendix: Table 1 TOP 20 LARGEST COUNTRIES BY POPULATION 1China 1,399,913,213 2India 1,278,847,804 3United States 324,475,111 4Indonesia 255,021,309 5Brazil 203,283,249 6Pakistan 187,383,682 7Nigeria 182,243,489 8Bangladesh 159,950,753 9Russia 142,196,628 10Japan 126,893,225 11Mexico 124,899,068 12Philippines 101,379,224 13Ethiopia 98,330,593 14Vietnam 93,197,563 15Egypt 84,387,897 16Germany 82,597,111 17Iran 79,238,137 18Turkey 76,515,191 19Congo 70,762,892 20Thailand 67,381,077 Chart 1 References. Public Health Reports 1992. Population Growth Threatens Natural Resources 107, p. 608. World Bank. 2004. World Population Growth ASIA POPULATION, R. 2013. Asia Population 2013 [Online]. Available: http://www.worldpopulationstatistics.com/asia-population-2013/. BBC, H. S., EPISODE 7 2010. How Many People Can Live on Planet Earth? In: ATTENBOROUGH, D. (ed.). HOLDREN, J. EHRLICH, P. 1974. Human Population and the Global Environment: Population growth, rising per capita material consumption, and disruptive technologies have made civilization a global ecological force. American Scientist. MALTHUS, T. 1798. An Essay on the Principle of Population, London, Printed for J. Johnson, in St. Paulââ¬â¢s Church-Yard. MCNEIL, M. 1972. 32. LATERITIC SOILS IN DISTINCT TROPICAL ENVIRONMENTS: Southern Sudan and Brazil. RAVENHOLT, A. 1973. Man-land-productivity Microdynamics in Rural Bali. Southeast Asia series, 21, 9. THORKILD, J. ADAMS, R. 1958 Salt and silt in ancient Mesopotamian agriculture Vol. 128 no. 3334 pp. 1251-1258 128: 1251-58.
Saturday, January 18, 2020
Case Briefs
Case1 Plaintiff(14) VS Defendant(11) February 20th 1889 Fact: Two boys were in a same high school of the village of Waukesha. 11 years old boy kicked another 14 years old boy which caused the boy never recovered the use of his limb. The former was sued by the latter for $2800. Issue: whether a person who unintentionally hurt another person is liable for the harm through intentional harm. Holdings: the jury rendered a verdict for the plaintiff of $2800. Rationale: the touch was the exciting or remote cause of the destruction of the bone.The case was a case of torts and it related to the assult and battery which the defendant should pay money for the plaintiff. The defendant has no proof of any other hurt, and the medical testimony seems to have been agreed that this touch or kick was the exciting cause of the injury to the plaintiff. Case2 Plaintiff Ralph Edward DAVIS VS Defendant Walter Calvin WHITE ,Jr. September 10,1977 Facts : White had obtained a gun in anticipation of shooting T ipton in an argument ,but missed and shot Davis in the stomach who was washing cars in front of his motherââ¬â¢s house on Fairmont Avenue in Richmond ,Virginia.Issue: whether an action based upon a willful and malicious injury by the debtor to another person is nondischargeable in bankruptcy. Holdings: the debt resulting from that act is nondischargeable in bankruptcy. Rationale: Every person is liable for the direct ,natural and probable consequence of his acts, and that every one doing an unlawful act is responsible for all of the consequential results of that act. The evidence here clearly show that the shooting was a wrongful act intentionally done and Davisââ¬â¢s injuries resulted from that act.And the debts results from that act. If one intentionally commits an assault or battery at another and by mistake strikes a third person, he is guilty of an assault and battery of the third person. Case3 Plaintiff Dan R. CULLISON vs Defendant Ernest MEDLEY February 2,1986 Fact: Cul lison encountered 16-year-old Sandy in a Linton, Indiana, grocery store parking lot and invited her to his home. Sandy didnââ¬â¢t come alone ,instead father Ernest and other family members accompanied her. He was berated and felt threatened since then.Increase fear from that incident lead him to serious psychological problems and affect his normal life. Issue: were the actions of threatening sufficient for reasonable people to apply battery. Holdings: It is error for the trial court to enter summary judgment ,which means that the appellant will get another trial. Rationale: Ernest kept grabbing at the pistol as if he were going to take it out, which gives Cullisonââ¬â¢s the apprehension of being shot or injured an assault constitutes a touching of the mind, if not of the body. The tort invades the plaintiffââ¬â¢s mental peace.Case4 Plaintiff John Robert DICKENS (31) vs Defendant Earl V. PURYEAR and Ann Brewer Puryear (18) April 2ed 1975 Fact: Dickens was beat into semi-cons ciousness and threatened to leave the state of North Carolina after lured into rural Johnston county by defendants, husband and wife . Ann Puryear and Earl Puryear appoint four men to inflict assault on him. Dickens then filed his complaint on 31 March 1978 for his physical injury and emotional distress. Issue: whether a threat or attempt to show violence constitutes assault.Holdings: plaintiffââ¬â¢s recovery for injuries ,mental or physical, caused by these actions would be barred by the one-year statute of limitations. Rationale: ordinarily mere words, unaccompanied by some act apparently intended to carry the threat into execution, do not put the other in apprehension of an imminent bodily contact ,and so cannot make the actor liable for an assault. Case 5 Plaintiff Eckert vs Long Island R. Co. November 26 1867 Fact: The deceased ,Henry Eckert, successfully saved a child near the main track but was stuck by the locomotive and received such injuries as to kill himself.Eckert ,t he wife ,acted as administratrix sued the Long Island R. Co. ,tending to prove that the cars were running improperly. Issue: whether a person who voluntarily place himself in danger to save a child is liable for negligence Holding: principles of law cannot yield to particular case, which means the intestate is liable for negligence. Rationale;as a reasonable prudent person who has the full knowledge and apprehension of the risk incurred ,the act of saving others ,which is not a duty imposed by law ,cannot relive him from negligence.The cars were being run at a very moderate speed, not over seven or eight miles per hour, that the signals required by law were given and that the child was not on the track over which the cars were passing, but on a side track near the main track. The company is not the insurer of ,or liable to those who ,of their own choice and with full notice, place themselves in the path of the train and are injured. Case 6 Plaintiff Cooley vs public Service Co. Nove mber 29. 1935Fact: During a heavy storm, several of the Public Service wires broke and fell to the ground and one of it which carried a voltage of about 1300 came into contact with the telephone messenger ,Cooley. The contact created violent agitation in the diaphragm of the receiver and a loud explosive noise. Cooley suffered from traumatic neurosis and loss of sensation on the left side. She claimed that it the defendantââ¬â¢s consequent duty to maintain such devices at cross-overs as would prevent falling wires from coming into contact with a telephone wire.Issue: whether the harm caused indirectly of the company is responsible for the negligence . Holding: a verdict should have been directed for the defendant. Judgment for the defendant. Rationale: To the extent that the duty to use care depends upon relationship the defendant's duty of care towards the plaintiff is obviously weaker than that towards the man in the street. The defendant's duty cannot, in the circumstances, be to both. If that were so, performance of one duty would mean nonperformance of the other There was no least evidence to show the plaintiff suffered an electric shock.There was evidence that baskets and similar devices were used by the Telephone Company, some years ago, for the protection of their wires at cross-overs. Case7 Plaintiff Andrews vs Defendant United Airlines. Inc. Fact: A briefcase fell from an airplaneââ¬â¢s compartment injured Billie Jean Andrews seriously. No one knows what caused the briefcase to fall. She claimed that the airline didnââ¬â¢t prevent the foreseeable injury. Issue: whether safety measure is enough and the airline is responsible for the injury.Holding: summary judgment was reversed ,which means a new trial. Rationale: the United has failed to do all that human care ,vigilance, and foresight reasonablely can do under all the circumstances. Case8 Roberts v. Ring Facts: Ring was a 77 years old man driving south on a much traveled street in Owatonna , and he passed clear over a boy who ran into his way ,crossing the street to the west . Issue: An old man was not alert enough and failed to stop his car while he saw the boy, is that enough to raise an issue of his negligence.Whether a boyââ¬â¢s age should be taken into consideration when it comes to contributory negligence. Holdings: The old man is responsible for negligence. Rationale: the boys age should be taken into consideration . D failed to stop his car, the infirmities weighed against him. Care was required to avoid injuring other travelers. Case9 Daniels v. Evans Facts:19 years old Daniel was died in a collision of his motorcycle and Evansââ¬â¢ automobile at Lebanon on August 4. 1962. Issue: minor engaged in activities undertaken by adults, whether the standard of care to minors still prevails.Holdings: a minor operating a motor vehicle, whether an automobile or a motorcycle, must be judged by the same standard of care as an adult and the defendantââ¬â¢s objecti on to the Trial Courtââ¬â¢s charge applying a different standard to the conduct of the plaintiffââ¬â¢s intestate was valid. Rationale: when a minor engages in such activities a s the operation of an automobile or similar power in driven device, he forfeits his rights to have the reasonableness of his conduct measured by a standard commensurate with his age and I thenceforth held to the standard as all other persons.All drivers must, and have the right to expect that others using the highways , regardless of their age and experience, will, obey the traffic laws and thus exercise the adult standard of ordinary care. One cannot know whether the operator of an approaching automobile is a minor or an adult ,and usually cannot protect himself against youthful imprudence even if warned. Case10 Wood v. Boynton and another. Facts: the plaintiff was the owner of a small stone ,which turn out to be a rough diamond and worth more than $700 ,but she tendered it to the defendants ,who are p artners in the jewelry business in December,1883 ignorantly for $1. 0. she asks to recover the possession of that uncut diamond of the alleged value of $1000. Issue: whether inadequacy of price by the mistake of the vendor can still entitle her to rescind the sale and so revest the title in her. Holdings: There is no ground for a rescission of a sale and the circuit court affirmed the judgment. Rationale: There is no evidence of fraud or warranty in that sale. It is her own mistake for selling it without further investigation about the intrinsic value. The facts known to both parties is on equal basis, and the buyer didnââ¬â¢t exert influence on her sale.Case11 Anderson v. Backlund Facts :in the written lease, a written lease defined the tenancy of the Defendant, who was a tenant on a 640-acre farm owned by the plaintiff. In an oral agreement, the defendant agreed to buy 100 head of cattle and bring upon the farm and consume good pasture thereon ,while he purchased 7 more ,and th e defendantââ¬â¢s promise on his side failed accordingly. The plaintiff want to recover the promissory note. Issue: whether the oral advice can constitute a contract. Holdings: The learned trial court right directing a verdict.The plaintiffââ¬â¢s counterclaim falls. Rationale: There is lack of mutual assent to the same proposition and the language is too indefinite and general as to the usual elements of a contract. The minds of the parties never net upon the essential terms. Case12 The superintendent and the trustees of public schools of the city of Trenton v. IRA Bennett and Aaron Carlisle Issue: The house falls down before its completion ,solely by reason of a latent defect in the soil, and not on account of faulty construction, whether the loss falls upon the builder or the owner of the land.Facts: The covenant of Everham and Hill was to build , erect, and complete the school-house upon the lot in question for the sum of $2610,the whole price was to be paid for the whole b uilding and the division was into installments to aid the completion of the work. But the house falls down before completion as a result of a latent defect in the soil. Holdings: it was overruled by the court, which means it is the defendants who need to shoulder the responsibility.Rationale: if a party enter into an absolute contract, without any qualification or exception, and receives from the party with whom he contracts the consideration of such engagement ,he must abide by the contract, and either do the act or pay the damages. He that agrees to do an act should do it, unless absolutely impossible. He must overcome all the difficulties and do everything necessary to erect and complete the building. The destruction of the incomplete building was neither caused by a sudden tornado nor a latent softness of the soil. It can be done.The defendants doesnââ¬â¢t do enough. ?&! , :What if the land belong to the government and both side are contractors? Can the contractor get the tot al sum of money? They cannot ,because they do not actually finish it . if so ,it is not equal, the defendant didnââ¬â¢t get all the consideration instead they should pay for the loss caused by nature. Isnââ¬â¢t it common sense to do some investigation on the soil before building? Case13 Vickery v, Ritchie Facts: Two parties acted honestly and in good faith of their contract to complete a building on a lot.However the discrepancy between two writings, $33721 on the plaintiffââ¬â¢s side and $23200 on the defendantââ¬â¢s side, invalidate their express contract. The plaintiff asked to recover a balance of $10467. 16. Issue: The architect make the fraud and lead to a mutual mistake on both sides and the failure of the contract, whether implied contract or compensation is liable when the supposed one failed Holding: the plaintiff is entitled to recover the fair value of his labor and materials. Rationale: The mutual mistake in this particular left them with no express contract by which their rights and liabilities could be determined.The law implies an obligation to pay for what has been done and furnished under such circumstances. When the whole contract will fail . the parties may have reasonable compensation for what they have done in reliance upon it ? &! they should cry on each othersââ¬â¢ shoulder as they are both victims. I am satisfied with what the judge has done. But the architect shouldnââ¬â¢t escape. Case14 Hertzog V. Hertzog Facts: the son asserted that he remained in the employment of his father until he was about forty years old and they lived together the most of the time even after the son got married.The son also claims that he lent$500 of his wifeââ¬â¢s money to his father. The son asked his father to pay. Issue: family association involved ,whether a contract of hiring applicable when it is evident but no evidence to define the work between father and son. Holdings: Judgment reversed and a new trial awarded. The plaintiff is not winning yet. Rationale: There was no express contract or sufficient proof to define hiring. ?&! : They should consider the situation. What if the son lives like parasites and annoys the parents a lot? What if the father is cruel and treated family members as slaves?Surely such kind of evidence could be found. When the father dies ,where is his heritage ? and if the son will hesitates that, why shall he complain? Case15 Cropsey v. Sweeney Facts: the plaintiff ,Eliza Ann Cropsey married James Ridgeway on the 25th of august,1821, remarried him in the year of 1825 after James got a divorce with his ex-wife whom he separated since 1815 and lived with him till 1847 when he passed away. At the first marriage, James was a carpenter and builder and worth about $1000. while ,at the time of his death ,it is more than$150000.Both of James descendants claimed the whole of his estate. Later, the plaintiff demanded judgment for $40000. However the defendant demurred that the complaint does not constitute any cause of action. The defendant appealed to the general term. Issue: whether she should be paid for the work she did if she is not a legal wife. Holdings: the order of the special term overruling the demurrer must be reversed and the plaintiff losses. Rationale: there is no express promise pretended in the complaint. The plaintiff was standing in the suppose relation of wife and the her marriage is not valid.Her own story of devoted faithful love and services as a wife and mother cannot permit us to say that she is legally entitled to receive pay for those services as a servant. Q&! stupid law.!!!! !!! How could they make such things happen and happen again? Isnââ¬â¢t there a policy to permit or prevent illegal marriage or make it legal ? The so called law cannot give her justice because it cannot get out of this dilemmaââ¬âshe is a wife, yes, but it is not legal, so she failed. She is servant ,no ,because she is a supposed wife, she failed the complaint again. The first marriage is done ,why she is still not an lawful wife?Rings, children ,canââ¬â¢t they served as evidence to constitute implied contract or something? Case16 Shaw v. Shaw and another. Facts: The plaintiff ,then Mrs, Moseley , accepted Percy John Shaw ââ¬Ës proposal and married him on December 10 ,1938. For 14 years they lived as husband and wife at Cannock, during which time the plaintiff advanced to Shaw in varying sums about 250pounds to buy stock, to assist him in acquiring land ,and to pay for agricultural machinery. When Percy died intestate , her distribution of assets was delayed because Percy ââ¬Ës lawful wife was still alive.In 1939 the plaintiff by her reply alleged fraud. Since the alleged promise was unenforceable ,she appealed. Issue: The promisor is not able to go through a lawful marriage and only he knows the fact, whether a breach of promise can apply. Holdings: she is entitled to get a fair sum of 1000pounds as damages. Rationale: The plaintiff d id not know that the defendant was married ,and did not know that his promise might be contrary to public policy. The promisor knew the facts but promised that he is a widower. In that marriage, the plaintiff used her savings for his affairs and served as a wife for 14 years.Q&! : How much would he pay a call girl for one night? How could a wifeââ¬â¢s damages be valued? What is immoral or unlawful? Case17 Noble et al . v. Williams et al. Facts: the plaintiffs were hired to teach the public school in Jackson, ky ,for the fall term of 1908. The school failed to pay the rent and buy supplies. In order to conduct the teaching ,the teachers paid. They want to recover the rent. Issue: whether they voluntarily paid the rent which is not included in the teaching contract could still recover that money? Holdings: judgment affirmed ,the plaintiffs failRationale: the school abide by the teaching contract . The teachers voluntarily paid an obligationn which was not theirs . ?&! maybe the Jud gment is right. But it encourages people to mind their own businesses in the future. Case18 Sommers v. Putnam county board of education et al. Facts: Plaintiff ,father of 4 minor children of compulsory school age and taxpayer of Riley township ,Putnam county, Ohio filed a petition in the court of common pleas of Putnam county, praying for a money($397)judgment against the Putnam county board of education and the township board of education . he petition avers that ,by reason of the failure ,neglect, and refusal of said defendants in error, and each of them, to provide high school work within 4 miles of his residence, or to transport his 4 children to high school, or to provide and furnish board and lodging for his children ,the plaintiff was compelled to and did transport his 4 children to and from his residence to said high school for some days.Issue: whether the quasi contract apply and therefore is entitled to compensation when the parent perform an act of beneficial intervention in the discharge of the school boards legal obligation to provide transportation or access for children to high school ? Holding: the demurrer will be overruled and plaintiff is entitled to receive a money reimbursement. Rationale: in the syllabus,â⬠if a board of education in a district fails to provide sufficient school privileges for all the youth of school age in the district ,a mandatory duty rests upon the county board of education to provide same access to children . As the performance of that duty by parent is beneficial to school boards who failed to do that ,the parent is entitled to compensation. The fact that ,at a little different stage in proceedings, mandamus would lie is no answer to the argument of the plaintiff here that, when he has expended money, time, and effort in performing a duty enjoined by statute upon the boards ,he can receive a money reimbursement.
Friday, January 10, 2020
How International Differences in the Ownership and Financing Essay
Explain how international differences in the ownership and financing of companies could lead to differences in financial reporting. There are major international differences in accounting practices whereby different companies in a country may use different accounting systems. This differences between companies mainly influenced by a companyââ¬â¢s country, size, sector or number of stock exchange listings. It is very significant that banks are the capital provider for small family-owned business in Germany, France and Italy. However, in the United States and the United Kingdom there are large numbers of companies that rely on millions of private shareholders for finance. There are three type of financial system has been formalized by Zysman which are capital market system, credit-based government systems and credit-based financial institution systems. These types could be simplified further to ââ¬Ëequityââ¬â¢ and ââ¬Ëcreditââ¬â¢. In United States and United Kingdom, companies are finance by investors rather than by individual shareholders. So, in these countries with a widespread ownership of companies by shareholders who do not have access to internal information, there will be a pressure for disclosure, audit and fair information. Thus, this will lead to a different financial reporting. On the other hand, in ââ¬Ëcreditââ¬â¢ countries, few of the listed companies are dominated by bankers, governments or founding families. In Germany, important owners of companies as well as providers of debt finance are the banks. Besides that, listed companies in continental European countries are also dominated by banks, governments or families where the information published is not so detail. Hence, this can automatically lead to differences in financial reporting. In addition to that, most continental European countries and in Japan, the external financial reporting has been created for the purpose of protecting creditors and for governments due to the lack of ââ¬Ëoutsiderââ¬â¢ shareholders. So, due to the greater important creditors in these countries, it leads to more conservative accounting. This is because creditors want their money back if companies suffer losses or damages, whereas shareholders may be interested in an unbiased estimate of future prospects. Hence, this could lead to some differences in financial reporting.
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