Friday, November 29, 2019
Virginia Woolf Essays - Bloomsbury Group, Virginia Woolf
Virginia Woolf "Virginia Woolf - A Life of Struggle and Affliction" The literary critic Queenie Leavis, who had been born into the British lower middle class and reared three children while writing and editing and teaching, thought Virginia Woolf a preposterous representative of real women's lives: "There is no reason to suppose Mrs. Woolf would know which end of the cradle to stir." Yet no one was more aware of the price of unworldliness than Virginia Woolf. Her imaginative voyages into the waveringly lighted depths of "Mrs. Dalloway" and "To the Lighthouse" were partly owed to a freedom from the literal daily need of voyaging out - to the shop or the office or even the nursery. Her husband, Leonard Woolf, believed that without the aid of her inheritance his wife would probably not have written a novel at all. For money guaranteed not just time but intellectual liberty. "I'm the only woman in England free to write what I like," she exulted in her diary in 1925, after the publication of "Mrs. Dalloway" by the Hogarth Press, which she and Leonard had set up to free her from the demands of publishers and editors. What she liked to write turned out to be, of course, books that gave voice to much that had gone unheard in the previous history of writing things down: the dartings and weavings of the human mind in the fleet elaborations of thought itself (Malcomi, 4). "Mrs. Dalloway" is a finespun tribute to the complexities of social interaction on a single day in London in 1923, ending with a shallow society hostess's glittering party; it is also one of the Patton 2 written about the effects of World War I. Virginia Woolf was not without politics or fierce worldly concerns (4-5). The diaries and letters spanning both world wars are filled with bulletins arguments, terrors of distant armies and next-door bombs and the precariousness of the entire civilization of which she knew herself to be a late, probably too exquisite bloom. Her art is less direct. In her novels the resonance of great events sounds from deep within individual lives. More than any other writer, Woolf has shown us how the most far-off tragedies become a part of the way we think about our daily expectations, our friends, the colors of a park, the weather, the possibility of going on or the decision not to. The old image of Virginia Woolf the snob has largely given way to various loftier characterizations: Virginia Woolf the literary priestess, or the Queen of ever-titillating Bloomsbury, or - most influentially - the vital feminist whose requisite "room of her own" came to seem the very workshop in which such books as "The Second Sex" and "The Feminine Mystique" were later produced (Reinhart, 27). Recently, however, Woolf has been granted a too modern female pantheon: the victim. The discovered molestations of her childhood, the bouts of madness that led to her suicide, seem now to commend rather than to qualify her right to speak for women. But Woolf's personal example is in the strength and the steady professionalism that kept her constantly at work - the overambitious failures as sweated over as the lyric triumphs. For all her fragility as a woman, she was a writer of gargantuan appetite, and she knew full well how much she intended to enclose in her fine but prodigious, spreading, unbreakable webs. "Happier today than I was yesterday," she wrote in her diary in January 1920, "having this afternoon arrived at some idea of new form for a new novel (Reinhart, 36). Suppose one thing of another ... only not for 10 pages but for 200 or so - doesn't that give the looseness and Patton 3 lightness I want; doesn't that get closer and yet keep form and speed, and enclose everything, everything?" She not only said that she was depressed, but that she was going 'mad' again, and beginning to hear voices. She could not concentrate, and believed she could not read or write. She was hopeless and self-critical, and to the end maintained that her suicide was justified and that she would not recover. Her suicide was planned and determined, and despite a possible failed attempt a week earlier cannot be seen as an impulsive gesture that went wrong. When she wrote at the end of her life that she was going mad 'again', she spoke the truth and from lengthy experience. She had her first breakdown at the age of thirteen, and others when she was twenty-two, twenty-eight, and
Monday, November 25, 2019
Sociology and Answer Essay Example
Sociology and Answer Essay Example Sociology and Answer Paper Sociology and Answer Paper Essay Topic: We Real Cool 1. Sociological Perspective Sociology is defined as: | a. | the methodological analysis of groups and individuals. | | | b. | the scientific analysis of premodern people. | | | c. | the academic discipline that examines individual human behavior. | | | d. | the systematic study of human society and social interaction. | | | status:à not answeredà () correct:à d your answer:à | 2| According to sociologist C. Wright Mills, the ability to see the relationship between individual experiences and the larger society is referred to as: | a. | the reality perception. | | | b. | the sociological imagination. | | | c. | the conflict perception. | | | d. the symbolic interaction approach. | | | status:à not answeredà () correct:à b your answer:à | 3| French philosopher ________ is credited with having coined the term sociology to describe a new science that would engage in the study of society. | a. | Emile Durkheim| | | b. | Herbert Spencer| | | c. | Max Weber| | | d. | Auguste Comte| | | status:à not answeredà () correct:à d your answer:à | 4| In Society in America, ________ examined religion, politics, child rearing, slavery, and immigration to the United States, paying special attention to social distinctions based on class, race, and gender. | a. | Harriet Martineau| | | b. | Auguste Comte| | c. | Jane Addams| | | d. | Herbert Spencer| | | status:à not answeredà () correct:à a your answer:à | 5| French sociologist Emile Durkheim observed that rapid social change and a more specialized division of labor produce strain in society; these strains lead to a breakdown in traditional organization, values, and authority and to a dramatic increase in: | a. | cultural conflict. | | | b. | social disorganization. | | | c. | anomie. | | | d. | social solidarity. | | | status:à not answeredà () correct:à c your answer:à | 6| This German economist and philosopher stressed that history is a continuous clash between conflicting ideas and forces . He believed that class conflict is necessary in order to produce social change and a better society. | a. | Karl Marx| | | b. | Frederick Schmidt| | | c. | Max Weber| | | d. | Emile Durkheim| | | status:à not answeredà () correct:à a your answer:à | 7| The first department of sociology in the United States was established ________, where the faculty was instrumental in starting the American Sociological Society (now known as the American Sociological Association). | a. | at Harvard University| | | b. | at the University of Chicago| | | c. | at Yale University| | | d. | at the University of California at Berkeley| | | status:à not answeredà () orrect:à b your answer:à | 8| ________ perspectives are based on the assumption that society is a stable, orderly system. | a. | Conflict| | | b. | Functionalist| | | c. | Interactionist| | | d. | Developmental| | | status:à not answeredà () correct:à b your answer:à | 9| Debbie is interested in how changes in society are related to homelessness. She is examining how the movement of factory jobs from the United States to overseas locations has contributed to the increase in the number of homeless people. Debbie is conducting a: | a. | macrolevel analysis. | | | b. | microlevel analysis. | | | c. | mesolevel analysis. | | d. | transactional-level analysis. | | | status:à not answeredà () correct:à a your answer:à | 10| Sociologists applying a ________ framework to the study of consumerism would primarily focus on a microlevel analysis of peoples face-to-face interactions. | a. | functionalist| | | b. | conflict| | | c. | symbolic interactionist| | | d. | postmodern| | | status:à not answeredà () correct:à c your answer:à | 2. Sociological Research Methods Sociologists obtain their knowledge of human behavior through ________, which results in a body of information that helps us move beyond guesswork and common sense in understanding society. a. | commonsense ideas| | | b. | research| | | c. | myths| | | d. | scientific laws| | | status:à not answeredà () correct:à b your answer:à | 2| A trademark of sociology involves the unmasking of fallacies in the everyday and official interpretations of society. This process is called: | a. | debunking. | | | b. | reformative. | | | c. | demystifying. | | | d. | deductive reasoning. | | | status:à not answeredà () correct:à a your answer:à | 3| The relationship between theory and research has been referred to as a continuous cycle. The theory and research cycle consists of two approaches. In the ________ approach, the researcher begins with a theory and uses research to test the theory. | a. | normative| | | b. | inductive| | | c. | deductive| | | d. | explanatory| | | status:à not answeredà () correct:à c your answer:à | 4| Researchers in one study examined the effects of church membership, divorce, and migration on suicide rates in the United States and concluded that suicide rates are typically higher where divorce and migration rates are higher and church membership is lower. This is a(n) example of ________. | a. | quantitative research| | | b. | observational research| | | c. | qualitative research| | d. | explanatory research| | | status:à not answeredà () correct:à a your answer:à | 5| ________ are the abstract elements representing some aspect of the world in simplified form (such as social integration or loneliness). | a. | Operational definitions| | | b. | Principles| | | c. | Theories| | | d. | Concepts| | | status:à not answeredà () co rrect:à d your answer:à | 6| Suppose that your goal is to earn an A in this sociology course. Your professor may have created a(n) ________, by specifying an A as earning a test average of 90 percent or above. | a. | qualitative variable| | | b. | statement of correlation| | c. | interpretative statement| | | d. | operational definition| | | status:à not answeredà () correct:à d your answer:à | 7| As a researcher, you must decide which population persons about whom you want to be able to draw conclusions will be observed or questioned. In ________, every member of an entire population being studied has the same chance of being selected. | a. | probability sampling| | | b. | scattered sampling| | | c. | random sampling| | | d. | rotational sampling| | | status:à not answeredà () correct:à c your answer:à | 8| ________ research is likely to be used when the research question does ot easily lend itself to numbers and statistical methods. | a. | Formulation| | | b. | Quantitative| | | c. | Conventional| | | d. | Qualitative| | | status:à not answeredà () correct:à d your answer:à | 9| Self-administered questionnaires have certain strengths. Which of the following wasà notà identified as a strength of self-administered questionnaires? | a. | They are relatively simple and inexpensive to administer. | | | b. | They have a very high response rate. | | | c. | They allow for rapid data collection and analysis. | | | d. | They permit respondents to remain anonymous. | | | status:à not answeredà () correct:à b our answer:à | 10| The American Sociological Association requires that sociologists adhere to all of the following,à except: | a. | researchers are allowed to use any means necessary in conducting their research projects. | | | b. | researchers must maintain objectivity and integrity in their research findings by disclosing the findings even if they do not support their views. | | | c. | researchers must protect confident ial information provided by their participants. | | | d. | researchers must acknowledge research collaboration and assistance they receive from others and disclose all sources of financial support. | | | tatus:à not answeredà () correct:à a your answer:à | 3. Culture ________ is the knowledge, language, values, customs, and material objects that are passed from person to person and from one generation to the next in a human group or society. | a. | Social organization| | | b. | Society| | | c. | Technology| | | d. | Culture| | | status:à not answeredà () correct:à d your answer:à | 2| Sociologists define ________ as the knowledge, techniques, and tools that make it possible for people to transform resources into usable forms, and the knowledge and skills required to use them after they are developed. | a. | industrialization| | b. | technology| | | c. | material culture| | | d. | cybernetics| | | status:à not answeredà () correct:à b your answer:à | 3| All of the following statements regarding cultural universals are true,à except: | a. | cultural universals include appearance, activities, social institutions, and customary practices. | | | b. | some customs and practices are found in all cultures. | | | c. | the specific forms of cultural universals vary from one group to another and from one time to another within the same group. | | | d. | sociologists are in agreement that cultural universals are the result of functional necessity. | | | tatus:à not answeredà () correct:à d your answer:à | 4| From the ________ perspective, a shared language is essential to a common culture; language is a stabilizing force in society. | a. | postmodernist| | | b. | conflict| | | c. | symbolic interactionist| | | d. | functionalist| | | status:à not answeredà () correct:à d your answer:à | 5| According to sociologist Robin Williams, a belief in the idea that the American way of life is best illustrates the core value of ________. | a . | racism and group superiority| | | b. | equality| | | c. | progress and material comfort| | | d. | freedom and liberty| | | status:à not answeredà () orrect:à a your answer:à | 6| Eric is attending classes at the local college. He believes in the idea of success, but he does not spend as much time as he could studying to achieve a higher grade point average. His behavior is an example of ________ culture. | a. | universal| | | b. | ideal| | | c. | material| | | d. | real| | | status:à not answeredà () correct:à d your answer:à | 7| Values provide ideals or beliefs about behavior but do not state explicitly how we should behave. ________ are established rules of behavior or standards of conduct. | a. | Sanctions| | | b. | Norms| | | c. | Folkways| | | d. | Mores| | | tatus:à not answeredà () correct:à b your answer:à | 8| All parts of culture do not change at the same pace. Sociologist William Ogburn referred to this disparity as ________, a gap between the technical development of a society and its moral and legal institutions. | a. | cultural division| | | b. | cultural diffusion| | | c. | cultural leveling| | | d. | cultural lag| | | status:à not answeredà () correct:à d your answer:à | 9| The popularity of pinatas in China, Italy, Spain, Mexico, the United States, and other nations is an example of: | a. | cultural diversity. | | | b. | cultural discovery. | | | c. | cultural diffusion. | | d. | cultural lag. | | | status:à not answeredà () correct:à c your answer:à | 10| During the Olympic Games, the spirits of nationalism and patriotism encourage people to think of their own nation as the best. This illustrates the principle of: | a. | self-centeredness. | | | b. | ethnocentrism. | | | c. | authoritarianism. | | | d. | cultural relativism. | | | status:à not answeredà () correct:à b your answer:à | 4. Socialization ________ is the lifelong process of social interaction through which individuals acquire a self-identity and the physical, mental, and social skills needed for survival in society. a. | Acculturation| | | b. | Reification| | | c. | Self-representation| | | d. | Socialization| | | status:à not answeredà () correct:à d your answer:à | 2| The case of Genie, an isolated child, illustrates that: | a. | children who have experienced extreme isolation do not live long enough to reach adulthood. | | | b. | isolated children actually can recover quickly from any physical damages. | | | c. | children who experience social isolation and neglect may be defined as retarded when they reach adulthood. | | | d. | with proper therapy, children who have been isolated can become a part of the mainstream. | | status:à not answeredà () correct:à c your answer:à | 3| The basic assumption in ________ psychoanalytic approach is that human behavior and personality originate from unconscious forces within individuals. | a. | George Herbert Meads| | | b. | Jean Piagets| | | c. | Si gmund Freuds| | | d. | Charles Horton Cooleys| | | status:à not answeredà () correct:à c your answer:à | 4| Drawing from psychologist Sigmund Freuds theory, ________ identified eight psychosocial stages of development, reasoning that each stage is accompanied by a crisis or potential crisis that involves transitions in social relationships. a. | George Herbert Mead| | | b. | Jean Piaget| | | c. | Charles Horton Cooley| | | d. | Erik Erikson| | | status:à not answeredà () correct:à d your answer:à | 5| In order to assess womens stages of moral development, Carol Gilligan conducted a study of pregnant women who were contemplating having an abortion. According to Gilligan, women in the first stage of moral development were primarily motivated by: | a. | a desire to do what is best for themselves and for others. | | | b. | their responsibility to others. | | | c. | selfish concerns. | | | d. | anger. | | | status:à not answeredà () orrect:à c your answer:à | 6| F our components make up our self-concept: theà activeà self is best reflected in which of the following? | a. | I am good at soccer. | | | b. | I am nice to others. | | | c. | I am tall. | | | d. | I believe in world peace. | | | status:à not answeredà () correct:à a your answer:à | 7| George Herbert Meads concept of the ________ refers to the childs awareness of the demands and expectations of the society as a whole or of the childs subculture. | a. | secondary other| | | b. | generalized other| | | c. | perceived other| | | d. | significant other| | status:à not answeredà () correct:à b your answer:à | 8| According to psychologist Urie Bronfenbrenner, in the ________, a child is engaged in immediate face-to-face interactions with the childs parents, siblings, and other immediate family members. | a. | macrosystem| | | b. | exosystem| | | c. | microsystem| | | d. | mesosystem| | | status:à not answeredà () correct:à c your answer:à | 9| In the ________ pe rspective, when we examine the context in which family life takes place, we see that grandparents and other relatives have a strong influence on how parents socialize their children. In turn, the childrens behavior may have an effect on how parents, siblings, and grandparents get along with one another. | a. | conflict| | | b. | functionalist| | | c. | postmodern| | | d. | symbolic interactionist| | | status:à not answeredà () correct:à d your answer:à | 10| ________ is the aspect of socialization that contains specific messages and practices concerning the nature of being female or male in a specific group or society. | a. | Gender socialization| | | b. | Cultural acquisition| | | c. | Developmental maturation| | | d. | Exchange theory| | | status:à not answeredà () correct:à a your answer:à |
Friday, November 22, 2019
Belgium devolution - rationale and mechanisms, relationship to Essay
Belgium devolution - rationale and mechanisms, relationship to national and local government, extent of powers - Essay Example The rationale for Belgium devolution is elaborated with the help of following points: These differences between groups had led to significant conflicts inflicting upon the economic growth of Belgium, hindering appropriate policy making, instability of government regimes and leading to financial crisis in the country. 9 The division between two broader groups viz. French and Dutch communities based on language was spotted all over the country. Flanders and Wallonia, in particular, exhibited significant social and economic differences.11 The process of devolution and federalisation was initiated as a means to resolve the conflicts among regions and communities, and to bring them in cooperation with the federal government by empowering them with the rights central to their activism. 12 The rationale for devolution involved the sense that the Communities were entrusted with responsibilities that they were more engaged with i.e., the individual and state services. The power encompassing territorial scenario was assigned to the Regions. The federal government, on the other hand, kept with it the critical and significant aspects of state affairs. 14 In this way, the devolution separated the Regions and Communities in terms of responsibilities and activities, it empowered them and allowed them much liberty to exercise their rights towards the betterment of their specific areas and competencies. It was based on the logic that the individual efforts of Regions and Communities would lead to the collective betterment of Belgian public. Asymmetrical i.e. the authority exercised by Regions and Communities in different areas are different. For example, in Flemish area, the Regions and Communities share single authority. In the French speaking area, on the other hand, the Regions and communities have separate authorities with different governments and councils.16 There is no hierarchy of standards i.e. the Regions and Communities are granted
Wednesday, November 20, 2019
What political consequences would have occurred if Quebec had voted Term Paper
What political consequences would have occurred if Quebec had voted Yes in the 1995 referendum - Term Paper Example not have an implication on Canada alone, but high potential implications on France, Britain and the USA, since a Yes Vote would have influenced the relationship amongst these countries (). The Quebec referendum that was held in 1995 was a second round of vote that was meant to give the residents of the Quebec province in Canada the chance to determine whether they wanted to secede from Canada and thus establish Quebec as a sovereign state (). Quebec has had a long history of wanting to secede from Canada, considering that it is the Canadian providence that is predominantly inhabited by the French-speaking people, whose political relationship with the rest of the Canadian provinces, mostly inhabited by the English-speaking people. Thus, the 1995 referendum was not the first political attempt to have Quebec gain its own independence. Therefore, this discussion seeks to analyze the political consequences that would have followed a yes vote in the 1995 Quebec referendum, with a view to e stablishing both the argument for a positive and those for a negative political consequence. The discussion holds that the Quebec 1995 referendum would have had both positive and negative implications. The political consequences would have occurred if Quebec had voted "Yes" in the 1995 referendum would have granted the aboriginal people the right to self-determination (). This group of people living in the Quebec has had a long history of wanting to be recognized as a core group of the province, who had the right to a sovereign state as did the other groups of the Canadian population, who had gained a sovereign state through the immigration from Britain, France and other parts of Europe, to form an independent and sovereign state in Canada (). Thus, considering that such groups were feeling left out in matters of sovereignty by feeling dominated by the other ethnic groups in Canada, the passing of a yes vote in the 1995 Quebec referendum will have afforded the aboriginal people the
Monday, November 18, 2019
United Kingdom Reforms Essay Example | Topics and Well Written Essays - 3500 words
United Kingdom Reforms - Essay Example The act assists buyers to obtain legal redress when they encounter problems with their purchases. The act requires that the supplier should sell goods that fit their description, serve their intended purpose and are of satisfactory quality. The act benefits suppliers, who comply, as they can use their conformity to their advantage, as they use it to boost their consumer relationships. The act essentially aims to protect individual customers from defected or unsafe goods. The Act covers traded contracts made on or after 1 January 1894. Prior before the passing of the 1995 Act, the sale of goods act 1979, (c 54) was applied. This Act of Parliament regulated English contract law as well as the UK commercial law regarding goods traded. The m1979 act merged the original act of 1893 as well as subsequent legislation that consecutively codified and joined the law. Before the 1995 Act, section 16 barred transferring of ownership in goods to the buyer from the seller until the goods were established. Under s.20A of the 1979 Act, as buyer becomes the owner in common bulk2 of property, in an undivided share, in the bulk transferred to him. S.16 of the 1979 act provides that where there is a contract for selling unascertained goods, the property cannot be passed to the buyer unless or until the goods are identified. The buyer acquires no aptness interest in the goods he paid for since he was regarded as an unsecured creditor for the return in price in the occurrence of insolvency. This rendered for the sellers creditors benefitting with an undeserved windfall 3 as they will claim both goods and money paid for them. When all the requirements have been met, the property ownership of the undivided share is given to the purchaser unless both parties agree. The purchased share is a fraction of the bulk goods as an equal owner. Section 61 (1) of the 1979 Act describes the bulk as a collection of goods of the same type contained in the same area or space and is such that goods in the mass are interchangeable with other goods of the same quantity or number. The goods can be ascertained by separation from the bulk through either exhaustion3 or consolidation4. This act was biased to extents that, even if the seller sold all his goods to different clients, thereby divesting himself all interest in the bulk, no property will be passed to the clients until the quant ities have been ascertained. The same applied if the seller became insolvent while the goods were still in bulk or the sellerââ¬â¢s creditor arrested the bulk. This entails that the buyers or buyer will have no claim even if they had paid for the goods fully or partly. The buyer will only claim for damages, breach of contract or return of price only as an unsecured creditor 5but will have no equitable interest in the goods. Furthermore, traders who purchased goods either on land or in the course of the sea were concerned of this problem. In addition, suing carriers of goods by sea was covered on agreementà in a bill of lading6 was under the Bills of lading Act1855, covering the transfer of property in the goods by the bill. Therefore, the buyer of part of the bulk had no right of suing the transporter in contract if the goods in transit were missing or damaged. In addition, Section 16 stressed the Lading Bills did not convey the intended meaning by the parties as outlined by th e known Law commission. The partiesââ¬â¢
Saturday, November 16, 2019
Laboratory Report on Properties of Carboxylic acids
Laboratory Report on Properties of Carboxylic acids Ramona Mae S. Rajaratnam Abstract: This report presents the different properties of carboxylic acids including solubility, acidity of some carboxylic acids, difference in strength of carboxylic acids compared to phenols, action of oxidizing agent on the carboxylic group and the neutralization equivalent of carboxylic acids. Carboxylic acids like acetic acid, butyric acid, oleic acid, succinic acid, stearic acid and benzoic acid were each mixed with water to test their solubility. The same acids were each mixed with 10% sodium bicarbonate to test their acid strength. The typical pKa values of carboxylic acids, phenols, HCO3 and CO32- were used to compare the acid strength of carboxylic acids with phenols and to judge whether both Na2CO3 and NaHCO3 can be used to successfully separate phenols from carboxylic acids. Carboxylic acids like acetic acid, formic acid, lactic acid, succinic acid and oxalic acid were each mixed with 0.5% KMnO4 to look at the action of KMnO4, an oxidizing agent, on the carboxylic acid group. Thi s report also focuses on the finding the neutralization equivalent to determine the unknown molar mass of a carboxylic acid. An accurately weighed sample of an unknown carboxylic acid was dissolved, heated and titrated with a previously standardized NaOH solution to find the neutralization equivalent and ultimately, the molar mass of the unknown carboxylic acid. Introduction: This experiment focuses on the different properties of carboxylic acids. The experiment aims to compare the solubility of acetic acid and stearic acid in water and to describe the relationship between molecular weight and solubility of carboxylic acids in water. The experiment also intends to infer the relative acidities of carboxylic acids and phenols based on the relative differences of their reaction with NaHCO3 and explain how NaHCO3 can be used to separate a mixture containing a water-insoluble carboxylic acid and a water insoluble phenol. The experiment also aims to identify reducing acids and the functional groups responsible for their reduction potential. The experiment also intends to describe a physical property such as physical state, color, odor or solubility that can differentiate succinic acid and oxalic acid, acetic acid and lactic acid, acetic acid and formic acid, benzoic acid and stearic acid and acetic acid and butyric acid. And lastly, the experiment looks into th e determination of the neutralization equivalent and molar mass of an unknown mono- and dicarboxylic acid. Experimental Details: The following apparatus were used in the experiment: Vials Vial rack Micro spatula Dropper Test Tubes Test Tube Rack Weighing boat 50 mL Buret Iron stand Buret clamp Erlen Meyer flasks Funnel Corks Graduated Cylinder Bunsen burner Wire gauze Test tube brush Vial brush Safety goggles The following materials were used in the experiment: Distilled water Acetic acid Butyric acid Oleic acid Stearic acid Succinic acid Benzoic acid Formic acid Lactic acid Oxalic acid 10% NaHCO3 0.5% KMnO4 0.09413 M NaOH Bromthymol blue indicator unknown carboxylic acid (at least 0.2 g) The following procedures were carried out in the experiment: a. Solubility in Water. The solubility of carboxylic acids in water was tested by mixing water with the following acids: acetic, butyric, oleic, stearic, succinic and benzoic. Three drops of the liquid or one micro spatula of the solid acid were added to 2 mL of water. The qualitative results obtained with the solubilities listed for the compounds were checked in a chemical handbook. The data were tabulated. b. Reaction with 10% Sodium Bicarbonate. The solubility test of the same acids was repeated with 10% sodium bicarbonate solution. Three drops of the liquid or one micro spatula of the solid acid were added with 2 mL of 10% sodium bicarbonate solution. The evidence for reaction when water soluble acetic acid and succinic acid when added to reagent was noted. The typical pKa values of carboxylic acids, phenols, HCO3 and CO32- were compared. c. Action of an Oxidizing Agent on the Carboxylic Acid Group. Five drops of acetic acid were added to three to five drops of 0.5 KMnO4 in a vial. The test was repeated with the following acids: formic, lactic, oxalic and succinic. d. Neutralization Equivalent of Carboxylic Acids. A 0.2 g sample of unknown carboxylic acid was weighed accurately to four significant figures. The acid was dissolved in 50 mL water or ethanol. The mixture was heated to dissolve completely the compound. The solution was titrated with a previously standardized NaOH solution. A bromthymol blue indicator was used. The neutralization equivalent and molar mass of the unknown carboxylic acid were calculated. Results and Discussion: Carboxylic acids are organic compounds containing a carboxy group (COOH). The carbon atom of a carboxy group is surrounded by three groups, making it sp2 hybridized and trigonal planar, with bond angles of approximately 120à ¢-à ¦. Figure 1: Carboxylic Acid structure Carboxylic acids exhibit dipole-dipole interactions because of their polar C-O bond and O-H bond. They also exhibit intermolecular hydrogen bonding because they possess a hydrogen atom bonded to an electronegative oxygen atom. Carboxylic acids are one of the most polar organic compounds. Most carboxylic acids exist as cyclic dimmers, held together by two hydrogen bonds. Figure 2: Carboxylic acid dimer Acetic acid is soluble in water. Carboxylic acids with less than 5 carbons in their alkyl group are soluble in water. The carbon skeleton is not too large for the OH group to solubilize by hydrogen bonding. The hydrophilic nature of the carboxylic group dominates than the hydrophobic nature. This is the reason why acetic acid and butyric acid are soluble in water. Figure 3: Acetic acid and butyric acid On the other hand, oleic acid and stearic acid are insoluble in water. Both have long, bulky carbon chains exceeding the five carbon limit. The OH group cannot solubilize the carbon skeleton via hydrogen bonding. Its hydrophobic character dominates than its hydrophilic nature. Figure 4: Oleic acid Figure 5: Stearic acid A good solvent for stearic acid would be organic solvents like ether, chloroform and carbon tetrachloride. Figure 6: Solvents for stearic acid Benzoic acid is insoluble in water because the benzene ring is too bulky and large, and because of its stability, the OH group cannot solubilize it using hydrogen bonding. Figure 7: Benzoic acid Succinic acid contains two COOH groups because it is a dicarboxylic acid. This tells us that there is an increase in the hydrogen bonding capacity which makes it slightly soluble only because the carbon chain exceeds the five carbon chain limit and its hydrophobic character also shows. Figure 8: Succinic acid Carboxylic acids readily react with Bronsted Lowry bases to form carboxylate ions which are done through deprotonation. Figure 9: Carboxylic acids react with sodium carbonate In the experiment, sodium bicarbonate was used to deprotonate the carboxylic acid. This was a simple neutralization reaction forming a carboxylate salt, carbon dioxide and water. Acetic acid, butyric acid, succinic acid and benzoic acid react with the sodium bicarbonate. Succinic acid undergoes two deprotonation steps because it contains two COOH groups. An acid can be deprotonated by a base that has a conjugate acid with a higher pKa. The pKa values of acetic acid, butyric acid, benzoic acid and succinic acid are all ~5, thus bases that have conjugate acids with pKa values higher than 5 are strong enough to deprotonate them. Oleic acid and stearic acid have pKa values of 9.85 and 10.15 respectively. These pKa values are higher than the conjugate acid of the base (NaOH) which is H2CO3. This tells us that sodium bicarbonate is not strong enough to deprotonate both carboxylic acids. Stronger bases are needed to deprotonate them such as NaOH which has a conjugate acid with a pKa of 15.7. Figure 10: Dissociation and pKa values of carboxylic acids When comparing the pKa values of carboxylic acids and phenols, phenols always have a higher pKa value which tells us that phenols are weaker acids than carboxylic acids. Figure 11: pKa values of phenol and carboxylic acid Carboxylic acids and phenols are both acidic. Looking into the Arrhenius definition of an acid, both when dissolved in water, increases the H+ concentration. Also looking at the Bronsted-Lowry definition of an acid, acids are proton donors. Figure 12: Bronsted Lowry definition of an acid Aside from these two famous definitions of an acid, we must also look into the stability of the conjugate base. A rule states that anything that stabilizes a conjugate base makes the starting reagent acidic. When we talk about phenols, its conjugate base which is the phenoxide is resonance stabilized. It has five resonance structures which disperse the negative charge to three carbons and one oxygen atom. This makes phenols more acidic than alcohols which cannot stabilize its conjugate base via resonance. When we compare phenols with carboxylic acids, carboxylic acids are stronger compared to phenols. For carboxylic acids, their conjugate base which is the carboxylate ion is a lot more stable because they contain two oxygen atoms that delocalize the negative charge. As an effect, carboxylic acids are stronger acids than phenols which is evident in their pKa values. Looking at the pKa values of phenols and carboxylic acids, we could conclude that NaHCO3 can be used to separate a water insoluble carboxylic acid and a water insoluble phenol considering that this insoluble carboxylic acid does not exceed the pKa value of HCO3 (when protonated H2CO3 which is the conjugate acid) which is 6.4. Sodium bicarbonate can successfully separate a water insoluble phenol and a water insoluble carboxylic acid because typical pKa values for phenol which is 10 exceeds 6.4. The NaHCO3, therefore, is not strong enough to deprotonate the phenol but is strong enough to deprotonate the carboxylic acid. It will most likely form two layers: an organic layer with the phenol and an aqueous layer with the water and carboxylate ion which are products of the reaction of the carboxylic acid with the base. Sodium carbonate is not effective in separating a mixture containing a water insoluble carboxylic acid and a water insoluble phenol. The pKa of CO32- (when protonated becomes HCO3) is close to 10. This tells us that Na2CO3 reacts with some of the phenol and ofcourse with the carboxylic acid. Thus, no complete separation between the two occurs. Figure 13: Sodium bicarbonate and sodium carbonate Some carboxylic acids undergo oxidation. These are called reducing acids. In the experiment, lactic acid, formic acid and oxalic acid are all oxidized to carbon dioxide and water with the presence of a brown precipitate which is the reduced KMnO4. Acetic acid and Succinic acid are both non-reducing acids because they do not oxidize in the presence of a strong oxidizing agent, KMnO4. Lactic acid is oxidized into pyruvic acid because it contains an oxidizable group which is OH. Figure 14: Oxidation of lactic acid Formic acid is oxidized to carbon dioxide and water. Figure 15: Oxidation of formic acid Oxalic acid also oxidizes into carbon dioxide and water. Figure 16: Oxidation of oxalic acid The neutralization equivalent of an acid is mathematically defined as: Neutralization equivalent (NE) = To determine the molar mass: Molar mass = (X) x neutralization equivalent *Where X is the number of COOH groups The molar mass of an unknown carboxylic sample could be determined by computing its neutralization equivalent. Finding the neutralization equivalent requires titrating the solution of unknown carboxylic acid with a previously standardized solution of NaOH. The exact molarity of the NaOH was found to be 0.09413 M. Two trials were carried out in this section of the experiment. The solid form of the unknown carboxylic acid was water soluble. Weighing of sample: Titration: Computations: Trial 1: Volume of NaOH used = Final buret reading ââ¬â Initial buret reading = 33.80 mL ââ¬â 0.50 mL = 33.30 mL Neutralization equivalent (NE) = = = 66.36 g/mol Molar mass = 2 x (66.36 g/mol) = 132.72 g/mol Trial 2: Volume of NaOH used = Final buret reading ââ¬â Initial buret reading = 32.50 mL -0.30 mL = 32.20 mL Neutralization equivalent (NE) = = = 66.35 mL Molar mass = 2 x (66.35 g/mol) = 132.70 g/mol Average molar mass = = 132.71 g/mol This molar mass was determined to be 95% near the true molar mass of the unknown carboxylic acid. Calculations for determining identity of unknown: = 139. 69 139.69 ââ¬â 132.71 = 6.98 (error) For MM1 = 132.71 +6.98 = 139.69 MM2 = 132.71 ââ¬â 6.98 = 125.73 For the 1st probable molar mass: 139.69 ââ¬â 90.02 (2 X molar mass of COOH) = 49.67 CnH2n = 49.67 (12.01)n + (1.00)2n = 49.67 14.01 n = 49.67 n= 3.5/4 For the 2nd probable molar mass: 125.73 ââ¬â 90.02 (2 X molar mass of COOH) = 35.71 CnH2n = 35.71 (12.01)n + (1.00)2n = 35.71 14.01n = 35.71 n= 2.5/3 Possible identities for the carboxylic acid include Glutaric acid, Glutaconic acid and Adipic acid. Conclusion: Therefore, the solubility of different carboxylic acids can be rationalized from the structure of the carboxylic acid itself. Acetic acid and butyric acid are soluble since their OH groups are able to solubilize their alkyl chain which does not exceed five carbons. Oleic acid and stearic acid are insoluble in water because their alkyl chain exceeds 5 carbons and the OH group cannot solubilize the long, bulky alkyl chain. A good solvent for stearic acid would be organic solvents like ether, chloroform and carbon tetrachloride. Benzoic acid is insoluble in water because the benzene ring, due to its stability, cannot be solubilized by the OH group. Succinic acid on the other hand, is soluble in water due to greater capacity of hydrogen bonding because it has two OH groups. Carboxylic acids also react with sodium carbonate through deprotonation. Only acetic acid, succinic acid, benzoic acid and butyric acid give a reaction because these acids have a lower pKa value than the conjugate aci d of the base which is NaHCO3. Oleic acid and Stearic acid do not react with NaHCO3 because they have higher pKa values than the conjugate acid of the base. This tells us that sodium bicarbonate is not strong enough to deprotonate both carboxylic acids. The rule here is: an acid can be deprotonated by a base that has a conjugate acid with a higher pKa. By looking at the pKa values, phenols are weaker acids than carboxylic acids. Phenols are resonance stabilized by carboxylic acids is more stable because they have conjugate bases with two oxygen atoms which delocalize the negative charge. NaHCO3 can be used to separate a mixture containing a water insoluble carboxylic acid and a water insoluble phenol because phenols do not react with this because it has a higher pKa than its conjugate acid. Na2CO3 is not effective because both phenols and carboxylic acids react, therefore, no separation occurs. Some carboxylic acids react with KMnO4 and are oxidized. Examples are lactic acid which i s oxidized to pyruvic acid and formic acid and oxalic acids which are oxidized to carbon dioxide and water. Non-reducing acids include acetic acid and succinic acid. And for the last part of the experiment, the molar mass of an unknown carboxylic acid may be determined by identifying how many COOH groups are present and by computing its neutralization equivalent. Neutralization equivalent (NE) = Molar mass = (X) x neutralization equivalent Supporting information: In determining the molar mass or formula for an unknown carboxylic acid, it may be possible to have an unsaturated compound. If the molecular formula is given, plug in the numbers into this formula: DoU= C= number of carbons N= number of nitrogens X= number of halogens (F, Cl, Br, I) H= number of hydrogens References: Organic Chemistry by John McMurry Organic Chemistry by Janice Smith http://chemwiki.ucdavis.edu/Organic_Chemistry/Hydrocarbons/Alkenes/Properties_of_Alkenes/Degree_of_Unsaturation Wikiperdia.org www.studymode.com
Wednesday, November 13, 2019
Essay examples --
Julius Caesar How did the Emperor rise to power? Julius was born from Aurelia and Gaius Julius Caesar. His family had nobility status, although they were neither rich nor influential in the time period. Caesar was made military tribune before 70 B.C. and was quaestor in Farther Spain in 69 B.C. he helped Pompey to obtain the supreme command for the war in the East. As a general, Caesar was the best Rome had ever seen. He returned to Rome in 68 B.C. and in Pompey's absence was becoming the recognized head of the popular party. His love of Marius and Cinna made him popular with the people, but earned him the hatred of the senate. In Dec. 63 B.C. Caesar advocated mercy for Catiline and the conspirators, thereby increasing the enmity of the senatorial party and its leaders, Cato the Younger and Quintus Lutatius Catulus. How did they change the Empire of Rome? Julius Caesar was Romeââ¬â¢s first dictator, although he did not ever officially become Emperor. Caesar was appointed a counsol, and went...
Monday, November 11, 2019
Company Law Essay
Promoters, as defined in Twycross v Grant (1877) 2 CPD 469, are persons who involved in the incorporation of a company. And the common law has extended the scope of ââ¬Å"promoterâ⬠further in Tracy v Mandalay Pty Ltd (1953) 88 CLR 215. In this case, the High Court held that the promoters are not just these persons who take an active part in the formation process, but also these who profits from the operation of the company with a passive role. Applying this doctrine to the case study, Alicia can be regarded as one of the promoters of Batco Ltd, since she had involved in the formation of the company and ranked as one of the three directors after the registration. Itââ¬â¢s also noticeable that the other two directors, Adam and Robin, were former employees of Alicia. Thus, even though Alicia didnââ¬â¢t play an active role in the formation of the company, the connection between her and Batco before and after the registration was solid. According to Aequilas v AEFC (2011) 19T ACLC 1006, the legal consequence of a person being identified as a promoter is that such person owes stringent fiduciary duties to the company and its shareholders. They are required to act in good faith and place the companyââ¬â¢s benefits over their own (Harris, Hargovan and Adams 2011). More specifically, in Erlanger v New Sombero Phosphate Co (1878) 3 CA 1218, the House of Lords held that promoters have the duty of fully disclosure to a board of independent directors of the material facts when they enter into contract relations with the company; Or, as stated in the in Aequilas v AEFC (2011) 19T ACLC 1006, the court also accepts an explicit disclosure made to shareholders. Taking these judgments into account, Alicia, as a director of Batco Ltd, as well as a promoter, breached her fiduciary duties. Because Alicia, as a party to the contract with Batco, didnââ¬â¢t make known the notification she received from a government clerk to the company before they entered into the co ntract. Although without official announcement, the rezoning of the area was only a speculation, the unveiling of this information could prevent Batco from buying the site at that price, as the reassigned area could have a change in value. What more, a secret profit was obtained by Alicia in the selling of property. Despite that she made a disclosure of the actual profit she earned to Adam and Robin, these two directors could not fall into the group of independent directors. Additionally, even after Alicia had informed them about her real gain, in the prospectus Batco Ltd made to its shareholders, the profità number was falsely presented. Thus, Alicia also contravened the promoterââ¬â¢s duty of disclosure to the companyââ¬â¢s shareholders. Once the breach of fiduciaries is established, Batco Ltd and its shareholders can sue Alicia, Adam and Robin for remedies. Under s 729(1) in Corporation Act 2011(Cth), the damaged party has right to recover the amount of the loss or damage resulting from contravention of duty of disclosure. And under s 729(3), the time for taking a legal action under s 729(1) is limited to in 6 years after the happening of the breach of disclosure duty. In Erlanger v New Sombeoro Phosphate Co (1878) 3 CA 1218, the judgment rescinded the initial contract and the damaged party was allowed to recover the purchase price. Similarly, in Glukstein v Barnes (1900) AC 240, a promoter was required to account to the company on the secret profit he realized from the breach of fiduciary duties without voiding the contract. Therefore, one likely outcome in this case study is Batco and its shareholders suing Alicia to rescind the purchase contract within 6 years after the happening of the breach of disclosure duty. As a result, Batco can recover the purchase price and return the site to the vendor, Alicia. Another possibility is Batco suing Alicia for breach of fiduciary duties and only require her account to the company for the secret gain. However, considering the unpredictable effect of rezoning on the purchased site, the former one would be a better option for Batco. According to Frino and Segara (2012), there are two elements of transaction costs, being the explicit and implied c osts. Explicit costs include brokerage fees, exchange fees and government taxes which will not be discussed in this report as the trading exercise was performed without incurring such costs. Implied costs emerge when share prices become unfavourable due to effect of the share trades. These unfavourable expenses are difficult to estimate and deduce as they usually happen in a random manner (Frino and Segara, 2012). There are three types of implied costs which will be discussed below. Firstly, every trader will be exposed to bid-ask spreads (Frino and Segara, 2012). Bid-ask spreads are the gaps between the highest purchase price and the lowest selling price at which the dealers are keen to trade upon. Thus, the median of the bid-ask spread is deemed as the reasonable price.à According to Frino and Segara (2012), when a dealer needs to complete a particular transaction urgently, the deemed reasonable price mentioned above will be forgone as the dealer will require immediate liquidity by purchasing or selling the shares at the stated bid or ask price. There are many ways and choices for a company of fundraising their commercial scheme and activities. One of the choices is through corporate fundraising to offer securities to attract public and outside investors. The statutory provisions in related to the process is located under Ch 6D. Under the Corporate Law Economic Reform Program Act 1999, the required standard full-disclosure document while public companies undertaking fundraising is as prospectus (zuozhe 267). In the case, Jaan Company wants to expand its market and decides raising funds through offering securities and has two options to choose: the first one is raising 10 million and keeps domestic; another one is raising 20 million and expand international. They decide to use offer securities to raise fund which means they will need to face a standard required prospectus to the public. According to Section 709, there are four types of disclosure documents. First is prospectus, which is the most common form of disclosure docu ment and under Ch 6D s709 (1), it must generally be prepared for an offer of securities. However, if the raising capital fund is not exceeding 10 million, the prospectus is not compulsory to be prepared. à The second type is short form prospectus. This type is permitted to reduce the length and complication of prospectus that are distributed to potential investors. The third type is an offer information statement. Under an offer information statement, the amount to be raised from the issue of securities is 10 million or less. The last one is profile statements. This type is prepared as an addition to a prospectus and a reform to simplify policy objective and reduce the volume of disclosure objects. Under the circumstance, for the option 1, an offer information statement is appropriate. The offer information statement is comparative simplified and according to the Corporations Acts, it is intended to facilitate more efficient capital raising, especially for start-up and small and medium sized enterprises(zuozhe, 268). The disclosure requirements are lower level than for a prospectus. Under offer information statements, the company is required to state the information about the compa ny (includingà explain the companyââ¬â¢s business and the nature of securities, the financial audited statements within the previous 6 months), explain why the company needs to fundraising, disclose details about risks involved and all amount payable. In addition, it also must state to investors that itââ¬â¢s different and lower level compare with prospectus, remind the investors should acquire professional advice. Furthermore, the copy has been lodged with ASIC who takes no responsibility for its contents is required. For option 2, a detailed, full-disclosure prospectus is required. The obligations are concluded as following (zuozhe, 266): firstly, all the information, which is also guaranteed reliable and available at the same time, need to be provided in a prospectus to all investors that they might realistically need to know in order to make a decision about the companyââ¬â¢s investment proposal; secondly, the documents must enclose all the risks associated with the c oncerned industry in which the company operates; thirdly, it is necessary that the disclosure of material information is in an effective way for fundraiser to undertake inquiries as well as disclose details which can enable investors to make a more accurate assessments about securities in a cost-effective way. I will recommend option 1in this case. Jaan is a small manufacturing business and not a mature company; it has not enough experience and comparative low capital base as well less able to meet the costs of raising capital. Compare with mature company, Jaan is less able to meet the risks to challenge the market changes and adapt quickly. Offer information is particularly suitable for the small and mid-sized enterprises; it has lower requirements than prospectus and also more flexible for the company. Part 2 According to S 728, if a disclosure document has following characteristics, then it would contravene: misleading or deceptive conduct; omission form; a circumstance that is required to disclose in the document but the company has not and the circumstance is raised as a problem. In this case, Jaan has a very positive forecast in the sales and profit in the following years; however, it has not happened. The company said the market needs of snowboarding are huge and the company has confidence to forecast that they have made a right choice. Unfortunately, the company is circulated these forecast without reasonable basis and inadequate marketing research. Furthermore, in order to attract investors, the company is using New Zealandââ¬â¢s snowboarding popularity diagram rather than global or Australia. Under this circumstance, the company has misled the investors and make them have a wrong perception of the companyââ¬â¢s vision. In addition, the company also comes out a new circumstance: abnormal weather patterns caused by global warming will make the company to face a huge loss. This is unexpected but this circumstance should have been disclosed in the document. Under the Ch 6D, the company should disclose all the relevant risks to enable the investors to make a cautious decision. Nevertheless, the company only focus on the bright side of the future and miss to present the potential external factors that may influence the sales of the company. All these would be the facts that the companyââ¬â¢s disclose document has contravened and will face a remedy for the investors.Similar case for Jaanââ¬â¢s investors can look at is Cad ence Asset Management Pty Ltd v Concept Sports Ltd (2005): the defendant were misleading the investors about the companyââ¬â¢s outlook, the court decision is disagree the defendantââ¬â¢s defence and upheld the plaintiff to recover the loss suffered. Defendants may avoid their liability if they can satisfy the defences set out in ss 731-733. In this case, according to section 731, Jaan may avoid liability if they can provide evidence that their sales forecast is based on reasonable grounds, there is no misleading for the investors. And in order to defend successfully, the company also needs to show that they undertake that they can confirm their information is based on reasonable basis and the accuracy is creditable in the prospectus (zuozhe, 288). Furthermore, Jaan should also to prove that they were unaware of the changing weather to make the company to bear the loss. These can be potential defences for the company. However, the case Cadence Asset Management Pty Ltd v Concept Sports Ltd (2005) has shown that if the company has a behaviour of misleading the investors in breach of s 728 (zuozhe, 287), Jaan may not be succeed in the defences based on the following facts: they use the wrong popularity diagram to forecast the sales (besides, the company also know this fact), this is misleading to the investors; in addition, the changing weather should be a relevant risk which must be disclosed to the investors. Investors have rights to know the risks associated with the operation. Base on those facts, the company may fail to defence.
Saturday, November 9, 2019
Commercial Law
ABDUL RASHID ABDUL MAJID v ISLAND GOLF PROPERTIES SDN BHD [1989] 3 MLJ 376 ISSUE In this case, the issues is whether the board was entitled to levy and collect fees known as development fees from members? PRINCIPLES The defendants owned, managed and operate a social golf club. Membership of the club is of the following types which are honorary membership, ordinary membership, ordinary transferable membership, subscribing membership, institutional corporate membership, expatriate transferable membership, ordinary social membership, term membership and visiting membership. Under the Rule 3 of the clubââ¬â¢s rules provided, inter alia, that the club was a proprietary club, of which the defendants were the proprietors with a board of directors responsible for the policies, management and operation of the club. Rule 5 of the rules provided, inter alia, that all members shall not, by reason of his membership, be under any financial liability except for payment of his annual subscription and any other sums due under or levied under the rules and by laws to the defendants. The plaintiff is an ordinary transferable membership. The plaintiff applied to become a member of the club by submitting the necessary application form and duly executed a declaration contained therein which states, inter alia, that he accepted and agreed that the board of the defendants had sole responsible for the policies, management and operation of the club with the power to increase entrance fees and subscription and to levy and additional charges to meet expenditure and it also has the sole right to amend, vary, add to or formulate such rules, terms and conditions of the club including the withdrawal or addition of benefits and privileges of members as if may in its absolute discretion deem necessary. 1|Page The board sought to levy and collects the development fees pursuant to its power under the rules. Rule 33 of the clubââ¬â¢s rules provided, inter alia, that the board shall be the sole authority for the interpretation of the rules and by laws made there under and that the decision of the board shall be final and binding on all members. The principle that is under Section 2 (a) of the Contracts Act 1950, a proposal is made when one person signifies to another his willingness to do or to abstain from doing anything with a view to obtaining the assent of that other to such act or abstinence. Moreover, the proposal is invitation to treat which an invitation to make offer, negotiate or deal and has no legal consequence and cannot be accepted to bring a contract into existence. The communication of a proposal is complete when it comes to the knowledge of the person to whom it made which under Section 4(1) of the Contracts Act 1950. This means that an offer or proposal is effective once it is communicating to the offeree by the offeree. Besides that, under Section 10 of the Contracts Act 1950 is already mention that all agreement are contract if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object and are not hereby expressly declared to be void. The situation is similar in the case of Bomanji Ardeshir Wadia & Ors v Secretary of State AIR (1929) PC 34 wherein it the decision of the Privy Council was said nothing is better settled than that when parties have entered into a formal contract that contract must be construed according to its own terms and be explained or interpreted by the antecedent communing which led up to it. Another related case is Baker v Jones & Ors (1954) 2 All ER Lynskey J said that the contract is contained in, or to be implied from the rules. The courts must consider such a contract as they would consider any other contract. Although parties to a contract may in general, make any contract they like, there are certain limitations imposed by public policy and one of those limitations may be that parties cannot, by contract, oust the ordinary courts from jurisdiction. 2|Page JUDGEMENT The court held that declaring that the defendantsââ¬â¢ board was not entitled to levy and collects the fees because the plaintiffââ¬â¢s application for membership was merely a preliminary step. The offer for membership came from the defendants after they had considered the plaintiffââ¬â¢s application. The contract between the plaintiff accepted the offer by making the payment of the entrance fees and the first subscription. Therefore, the declaration in the application forms as not part of the contract. It is just an antecedent communication. The only contract between the plaintiff and the defendants was the rules of the club. The authority to levy fees must clearly be given by the rules of the club and there was no such authority under the rules. Rule 33 clearly made the board the sole authority for the interpretation of the rules and as it purported to oust the court from their jurisdiction the rule was contrary to public policy and therefore void. 3|Page CONCLUSION The conclusion for this case is the board was not entitled to levy and collect fees known as development fees from members. For the interpretation of the rules, this is contrary to public policy and therefore void. Thus, a declaration of intention or an invitation to treat, so, all fees collected as development fees are repaid to the plaintiff and costs to be paid by the defendants. Otherwise, the offer must be communicated to the offeree which under Section 9 of the Contract Act 1950 is the exercise of power by the offeree indicating his assent to the transaction in response to the offer. The communication of an offer or a proposal is deemed to have been made by any act or omission of the party proposing by which he intends to communicate the proposal or which has the effect of communicating it. Therefore, the declaration in the application form was not part of the contract unless the plaintiff make pay sum of the fees which binding the rules of the club. It is normal for parties in the course of preliminary negotiation to make statements to each other but not all statement can be taken as an offer that can be accepted to bring about a contract. 4|Page
Thursday, November 7, 2019
Voiced vs. Unvoiced Pronunciation
Voiced vs. Unvoiced Pronunciation Voiced vs. Unvoiced Pronunciation Voiced vs. Unvoiced Pronunciation By Maeve Maddox Two terms I often use when writing about pronunciation are voiced and unvoiced. Apparently they are not as familiar in this context as I assumed they were. A reader has asked me to explain my use of them. In one sense, to voice something is the same as to say or speak it: Homeowners voice their concerns about increased earthquake activity. Likewise, in some contexts, unvoiced means unspoken: If people seem tense because ofà unvoicedà disagreements, you may have to bringà concernsà out into the open. In the context of pronunciation, however, voiced and unvoiced refer to consonant sounds that are uttered with the lips, tongue and teeth in the same position, but which produce different sounds. Voiced sounds result when the vocal cords are touching and vibrate. Unvoiced sounds are pronounced with the vocal cords apart. For example, both sounds, /d/ and /t/ are uttered with the tongue in the same position, but the sound at the beginning of the word dog is voiced. The sound at the beginning of the word toy is unvoiced. The following English consonant letter pairs represent voiced and unvoiced sounds: b/p = boy, pit d/t = dog, toy v/f = van, fan Note: The usual spelling for the unvoiced sound in this pair is f. An exception is the word of, in which the letter f represents the voiced sound. j/tch = jet, witch Note: The letter g represents two sounds. The ââ¬Å"softâ⬠sound is the same as that of the letter j. The ââ¬Å"hardâ⬠sound belongs to the following consonant pair. g/k = girl, kite The letter s and the letter-combination th represent both voiced and unvoiced sounds: s = music [voiced], sing [unvoiced] th = they [voiced], thin [unvoiced] The sound /zh/ is represented by the letter g in a few English words derived from French, such as genre and menagerie, but more often the sound /zh/ is spelled with the letter combination si: invasion, intrusion, vision. The /zh/ sound is also spelled with the letter s followed by u: visual, casual. The unvoiced sound of /zh/ is /sh/, as in ship. The sounds for the letters l, m, n, ng, and r are voiced. They do not have unvoiced equivalents in English. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Spelling category, check our popular posts, or choose a related post below:Math or Maths?"Have" vs "Having" in Certain ExpressionsPreposition Mistakes #1: Accused and Excited
Monday, November 4, 2019
Newark International Airport Essay Example | Topics and Well Written Essays - 2500 words
Newark International Airport - Essay Example By this time the United States Government had spent $15.1 million apart from $8.2 million spent by the City of Newark on construction and development. It was only in 1948 that the Port Authority took up the responsibility for operation and development. In the 1950ââ¬â¢s, the Port Authority added an instrument runway, a terminal building, a control tower and an air cargo center. In 1973 the Central Terminal Area was constructed and opened. Runway 4L-22R was opened in 1970 but was rebuilt and restarted in 1973. The Port Authority Administration Building, the Central Heating and Refrigeration Plant, a Fuel Storage Tank Farm, taxiways and roadways also started operations in 1970s. A two-building maintenance complex housing airport construction and repair equipment, a large runway snow removal and de-icing, and a command center for snow emergencies was constructed in 1989. The first administrative building of Newark Airport was built in 1935, now known as Building 51 (HPO, 2004). When this building was completed, it was the most important airport in the world. In 2000, the Historic Preservation Office, attempted to save this historic building. In late 1990s, when the Port Authority had requested approval from the Federal Aviation Administration (FAA) to lengthen the main runway at Newark Airport, they ensured that the old Airport Administration Building, which sits at the north end of the main runway would be protected for the future. Unfortunately, with the runway expanded, Building 51 could no more be used for Public service with flights landing and taking off right in front of the office. Because of its historic importance study was conducted to see if this building could be relocated elsewhere within Newark airport. With the support and help of many individuals agencies, this historic building could be relocated and rehabilitated and is now open t o visitors at Newark Airport. The last decade brought forth great expansions at the airport as air
Saturday, November 2, 2019
Administrative Law (Australia) Research Paper Example | Topics and Well Written Essays - 1750 words
Administrative Law (Australia) - Research Paper Example According to Mark Tunshets,( Jones, Ian. The anisminic revolution in Australian administrative law: an analysis of extended jurisdictional error. Turramurra, N.S.W.: Local Legal, 1998. Print.)Judicial review in Australia has a lot of authority since it is only the high court that can interpret the constitution. Judicial review in Australia is complicated by clause 5 of the constitution. This clause provides that all the amendments done by the commonwealth parliament are binding to Australia. This is because the courts mandated to interpret the law must decide if the law is binding to Australia (Canberra, 2005). The chief justice Marshall asserted that judicial review is incredibly paramount in the Australian legal system(Fordham, Michael. Judicial review handbook. 5th ed. Oxford: Portland, OR :, 2008. Print.). In 1951, justice Fellugar proposed that the principle of Madison v. Marbury is adopted as axiomatic(Johnston, Richard E.. The effect of judicial review on federal-state relatio ns in Australia, Canada, and the United States. Baton Rouge: Louisiana State University Press, 1969. Print.). This is because the many criticisms of the principle were accepted and justified. Despite an express implication in the constitution of Australia, judges and scholars have proposed that judicial review is paramount and has immense effects on the legal system. Judicial review is mostly done by the high courts since it is at the top of the legal structure. Though the other courts can deal with some constitutional issues, they are under the supervision by the high court. The essential jurisdiction which is conferred to High Court in section 75 is to issue prerogative and constitutional writs. This has been expanded in sectionà 75(iii) whereby a person suing on behalf of the Commonwealth, is bonafied party.à Section 33 in the judiciary Act 1901 extends the authority of High Court to question public law (Le?tourneau 1976). A chief factor that has affected the levels of court review in High Court is the alternative remedies available which are not subject to the same limitations.à Declarations and injunctions are the key illustrations.à For instance, the declaration made by the high court that the commission on Queensland Justice did not observe fair procedures where mandamus was not appropriate and that certiorari did not mislead. Judicial decision reviews in Australia and other nations has seen the development of the legal systems. This is characterized by fair judgments, timely judgments, and equitable treatment of individuals by the judicature (Leon 1951). Though the other courts can deal with some constitutional issues, they are bound by the high court. The essential jurisdiction which is conferred in the High Court in section 75 is to issue prerogative and constitutional writs. The judicial reviews should be done with a lot of integrity because it might lead to a constitutional crisis as well as violence. No party should be biased or favored by a judicial review. The parties involved should be treated equally (Kanigsberg 1952). A) Compare the breadth and flexibility of ADJR ââ¬Å"order of review ââ¬Å"remedy with prerogative writs plus injunction and declaration. The judicial review remedies can be classified into three categories. These are prerogative writs, equitable remedies of injunction and declaration, and the statutory remedies. Though the other courts can deal with some constitutional issues, they are under supervision by the high court. The essential jurisdiction of the High Court in section75 (v) is to issue prero
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