Research paper format
Wednesday, September 2, 2020
Movie Review of Children of Heaven Coursework Example | Topics and Well Written Essays - 750 words
Film Review of Children of Heaven - Coursework Example The adoration and loving undertaking that exists between these two is the primary subject that the chief depicts in the film. He utilizes this to bring to the front the way that with affection, it is conceivable to live in agreement regardless of destitution and hard financial occasions. Ali and his sister Zara conceal each otherââ¬â¢s shortcomings which is anything but an extremely basic event among kin. In many occurrences, kin contention rules. Moreover, the way that the two go similarly as giving up their investigations and getting disciplines just to hide a mix-up done by another is admirable. To accomplish this without selling the way that it is a performance, the chief grows quite certain character attribute among his characters. Ali volunteers to go search for his sisterââ¬â¢s shoes; this is a demonstration of adoration which effectively acquaints the crowd with the sort of warmth and comprehension among the two. While at the commercial center, he leaves the shoes unatt ended. This isn't on the grounds that he is distracted with his own little games but since he spared a little penny and is consequently purchasing his younger sibling a treat. With such a foundation, it turns out to be practical to comprehend that the two had shared a heartfelt relationship. The chief likewise makes extraordinary progress in delineating servile destitution in the film. Aliââ¬â¢s family assumes the job of a destitution stricken family. This is a job that they all play adequately. A feeble mother, a jobless dad, and semi dressed youngsters bring this out obviously. When Aliââ¬â¢s father later finds a planting line of work, the rich and flashy northern Tehran draws out the distinction unmistakably. The lodging method in this area obviously draws out the distinction between the rich and the poor in this Islamic culture. Moreover, Ali goes with his dad to the town where he plays with a child to the rich family while his dad is caught up with doing the cultivating w ork. The executive prevails with regards to bringing an obvious contrast between the two kids. In his worn out shirt and uncovered feet, Ali is unmistakable and a genuine portrayal of destitution. Alizera, the rich kid, then again is ostentatiously dressed and plays with limit not at all like Ali who is stunned at each new thing he finds. Youngsters are regularly the genuine portrayal of the general public; they offer the most fundamental level whereupon a general public might be judged and this is so in light of the fact that they seldom lie. Ali and Alizera do only this in portraying their class contrasts. Done in an Islamic culture, the film doesn't show it which a triumph. Various generalizations have been related with the Islamic social orders. Their rigid social rules particularly those disparaging the young lady kid are not delineated in the film. Zara goes to class and is in deed a committed understudy and a dear to a large portion of her instructors. At school, there are a lot of female instructors. This is not normal for a run of the mill Islamic culture that most western films and different writings have prevailing with regards to creating in the psyches of many; a general public wherein a young lady kid isn't esteemed. In a much covered way, the executive conveys what a perfect Islamic culture is. Aliââ¬â¢s family is a vey poor one which, in the event that anything, ought to have offered their little beautiful girl to procure some money related help. In any case, not at all like the normal, the family sends her to class and no type of exchanges that would either prompt an
Saturday, August 22, 2020
Mary Shelly monster Essay Example For Students
Mary Shelly beast Essay The beast at that point flees and Frankenstein feels satisfied that he is gone at this point somewhat uncomfortable to realize that he is out there on the planet. Part 11 is described by the beast, he educates the crowd concerning his first encounters and responses to life. This piece of the novel has incredible significance since it is the place the beast finds himself. Nature additionally has a key impact to this story and here alone in the woods the beast experiences the magnificent things around him. Before the beast recognizes his detects he gets extremely irritated, he awakens in the woodland, cold and terrified. I was a vulnerable, hopeless blackguard: I knew, and could recognize, nothing; yet feeling torment attack me on all sides, I plunked down and sobbed. We feel the beasts agony and Mary Shelly presents the beast as nai ve and forlorn. When the beast comprehends his detects he begins to look into his environmental factors and the nature in the backwoods, he figured out how to make a fire and how to take care of himself. Mary Shelly expounds on the beast getting some answers concerning nature, this presents him to be a benevolent caring animal, something contrary to our past originations by his frightful appearance. His second experience with people was as ruthless and terrible as it had been from Frankenstein. The beast had unearthed a little town, quickly he was assaulted and made to escape and take shelter in a cottage. Here, at that point, I withdrew and set down glad to have discovered a sanctuary, anyway hopeless, from the harshness of the period, and still more from the barbarity of man. Mary Shelly is as yet introducing the beast in a blameless caring manner; this causes us to feel tragic for the beast and furious at the men who accidentally show this animal to despise. Towards the finish of part 11 the beasts stumbles upon the Delaysey family. Without knowing it they helped the beast to peruse compose and even love. The beast would sit and watch the way the delayseys treated one another, he yearned for a family to love and care for and took them to be it calling them his defenders. The beast would bring food and wood for the family, never demonstrating his face to any of them since he recognizes what the response he gets from individuals when they see him is. Mary Shelly composes two or three passages portraying and investigating what the beast gains from and about the delaseys.
Friday, August 21, 2020
How to Read a Book free essay sample
The most effective method to READ A BOOK Mortimer J. Adler Charles Van Doren One peruser is better than another in extent as he is fit for a more prominent scope of movement in perusing and applies more exertion. He is better in the event that he requests a greater amount of himself and of the content before him. On the off chance that you recall what a writer says, you have taken in something from understanding him. On the off chance that what he says is valid, you have even gotten the hang of something about the world. In any case, regardless of whether it is a reality about the book or a reality about the world that you have learned, you have picked up only data on the off chance that you have practiced just your memory. You have not been illuminated. Illumination is accomplished just when, notwithstanding comprehending what a creator says, you realize what he means and why he says it. First degree of Reading: Elementary Reading Second degree of Reading: Inspectional Reading Give us a general thought of what the book is about. We will compose a custom article test on The most effective method to Read a Book or on the other hand any comparable point explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page We should know whether the book contains matter what you despite everything need to uncover, or whether it merits nothing else within recent memory and consideration. The standard to handle a troublesome book: In handling a troublesome book just because, read it through without halting to search up for consider the things you don't see immediately. We will have a greatly improved possibility of understanding it on a subsequent perusing, however that expects you to have perused the book in any event one. A decent speed in perusing should empower you to fluctuate your pace of perusing as per the nature and unpredictability of the material. There is no single right speed at which you should peruse; the capacity to peruse at different paces and to know when each speed is suitable is the perfect. The most effective method to be A Demanding Reader: The Essence of Active Reading: The Four Basic Questions a peruser asks Ask inquiries while you read-questions that you yourself must attempt to reply over the span of perusing. 1. What is the book about all in all? You should attempt to find the main subject of the book, and how the writer builds up this topic in an organized manner by partitioning it into its basic subordinate subjects or themes. 2. What is being said in detail, and how? You should attempt to find the primary thoughts, affirmations, and contentions that comprise the authorââ¬â¢s specific message. . Is the book valid, in entire or part? You can't respond to this inquiry until you have addressed the initial two. You need to realize what is being said before you can choose whether it is valid or not. At the point when you comprehend a book, be that as it may, you are committed, in the event that you are perusing truly, to make up your own psyche. Knowing the authorââ¬â¢s mind isn't sufficient. 4. Who cares about it? On the off chance that the book has given you data, you should get some information about its noteworthiness. For what reason does the creator think it is essential to know these things? Is it essential to you to know them? Furthermore, if the book has educated you, yet additionally edified you, it is important to look for additional illumination by asking what else follows, what is additionally inferred or recommended. How to Make a Book Your Own: Why is denoting a book vital to understanding it? In the first place, it keeps you wakeful not simply cognizant, however wide conscious. Second, perusing, in the event that it is dynamic, is thinking, and thinking will in general communicate in words, verbally expressed or composed. Third, recording your responses causes you to recollect the musings of the creator. Perusing a book ought to be a discussion among you and the writer. Denoting a book is truly a statement of your disparities or your concurrences with the writer. Recommendations of denoting a book: 1. Underlining â⬠of significant focuses, of significant or strong explanations. 2. Vertical lines at the edge â⬠to underscore an announcement previously underlined or to highlight an entry too long to even consider being underlined. 3. Star, reference bullet, or other trinket at the edge â⬠to accentuate the ten or dozen most significant proclamations or entries in the book. 4. Writing in the edge, or at the top or base of the page â⬠to record questions and maybe answers which a section brings up in your brain, to lessen a confounded conversation to a basic articulation. The endpapers at the rear of the book can be utilized to make an individual record of the authorââ¬â¢s focuses in the request for their appearance. 5. Subsequent to completing the book and making your own file on the back endpapers, go to the front and attempt to diagram the book, not page by page or point by point (you have just done that at the back), however as a coordinated structure. That framework will be the proportion of your comprehension of the work. It will communicate your scholarly responsibility for book. Third degree of Reading: Analytical Reading Analytical perusing is exhaustive perusing, total perusing, or great perusing. The explanatory peruser must ask many, and arrange, these inquiries. Fourth degree of Reading: Syntopical Reading It is the most mind boggling and precise sort of perusing of all. When perusing syntopically, the peruser peruses numerous books, not only one, and spots them according to each other and to a subject about which they all spin.
Wednesday, May 27, 2020
Healthcare Consumer and Marketing Class Coursework - 275 Words
Healthcare Consumer and Marketing Class Coursework (Coursework Sample) Content: Healthcare Consumer and Marketing ClassNameInstitutionHealthcare Consumer and Marketing ClassThe advertisement of healthcare products is aimed at appealing to the consumers and influencing them to purchase the particular products. The paper identifies how the healthcare products are advertised. In this paper, how the advertisement of health care products, catchers and glucose meters, appeal or fail to appeal to the consumer are explored.Glucose Meter and CatchersThese two healthcare products are found in the diabetes monitoring kit and aim to being used by diabetic patients to control their blood glucose level. The two products are advertised in different media outlets, such as Pin interest and WalMart. The patient is required to touch the glucose meter to identify the level of the blood glucose. The catcher is used to understand ones glucose level.The advertisement of these two health care products appeals to consumers in that it influences their decision-making in r elation to the acquisition of the particular products. The advertisement contains the demonstration of the specific products, how they are used, and their prices, as well as the location where they can be accessed. The products are not intended for specific age groups or specific ethnic groups, but are available to all people.The advertisement on the sites, pin interest and WalMart, have descriptions on how one can effortlessly use the products to monitor ones blood glucose level. There is also the specific appearance of these two healthcare products, which serves as a way of educating the consumers to know what they are supposed to select when ...
Saturday, May 16, 2020
Rhetorical Analysis Of Letter From A Birmingham Jail
ââ¬Å"Whatever affects one directly affects all indirectlyâ⬠wrote Martin Luther King, Jr. in his ââ¬Å"Letter from a Birmingham Jail.â⬠At the time, King, being the president of the Southern Leadership Conference, was an influential leader in the Civil Rights Movement and was imprisoned for holding a nonviolent protest in Birmingham, Alabama. On April 16, 1963, from his jail cell, King wrote this famous and lengthy letter, which was a response to a statement issued by eight white clergymen. Although the letter was directed towards these clergymen and represented his rebuttal, Kingââ¬â¢s letter had a much greater audience, which was all of those who were exposed to his powerful words. His letter spoke of many controversial issues involving racism at theâ⬠¦show more contentâ⬠¦He is not simply a hypocrite who wished to complain about all that is being done wrong; he is speaking as one who truly has a care and concern for the church and is involved in it. Further more, King portrays his use of ethos when he expresses, ââ¬Å"We will reach the goal of freedom in Birmingham and all over the nation, because the goal of America is freedom.â⬠The majority of Americans will respond greatly to this statement because of how proud they are of Americaââ¬â¢s freedom, and it will appeal to their pride. Altogether, King builds trust in his readers and continually convinces them of his worthiness to speak on behalf of this issue because of the ethos he intermingled throughout his letter. Not only does King use ethos to make his letter compelling, but he also uses logos. By appealing to the logical side of a person, King strengthens his argument. With this in mind, one can see why he states numerous questions throughout his letter; it is an attempt to get the reader to logically think about what he is proposing. In particular, King proclaims, ââ¬Å"In your statement you asserted that our actions, even though peaceful, must be condemned because the y precipitate violence. But can this assertion be logically made? Isnââ¬â¢t this like condemning the robbed man because his possession of money precipitatedShow MoreRelatedRhetorical Analysis Of Letter From Birmingham Jail1052 Words à |à 5 Pagesracial discrimination is? A Rhetorical Analysis of Letter From Birmingham Jail It is known to all that Martin Luther King is a famous person in America, who strongly goes against the racial discrimination all the time. Here, in this letter, Letter from Birmingham Jail, it is easy for us to realize that racial discrimination appears and the non-violence action is still serious at that time. As a matter of fact, this letter is coming from the people in the Birmingham jail, stating their inner thoughtsRead MoreRhetorical Analysis Letter from Birmingham Jail1517 Words à |à 7 PagesDevin Ponder Eng291-001 13 September 2013 Rhetorical Analysis Rhetorical Analysis of ââ¬Å"Letter from Birmingham Jailâ⬠ââ¬Å"Letter from Birmingham Jail,â⬠by Martin Luther King, Jr., is a letter in which King is writing to his ââ¬Å"fellow clergymenâ⬠in a response to their recent criticism of the actions he was leading in Birmingham at the time. The letter was written in April of 1963, a time when segregation was essentially at a peak in the south. Birmingham, in particular, is described by King as ââ¬Å"probablyRead MoreSummary and Rhetorical Analysis of ââ¬Å"Letter from Birmingham Jailâ⬠1708 Words à |à 7 PagesSummary and Rhetorical Analysis of ââ¬Å"Letter from Birmingham Jailâ⬠Martin Luther King Jr. was arrested on April 12, 1963, in Birmingham, for protesting without a permit. The same day that King was arrested, a letter was written and signed by eight clergymen from Birmingham and titled ââ¬Å"A Call for Unityâ⬠. The letter called for ending demonstrations and civil activities and indicated King as an ââ¬Å"outsiderâ⬠. On April 16, 1963, King responded to their letter with his own call, which has come toRead Moreââ¬Å"Letters from a Birmingham Jailâ⬠Analysis of the Rhetorical Appeals1182 Words à |à 5 Pagesthis when he wrote an open letter while in his jail cell after a peaceful debate against segregation. His lettered response was guided at a statement by eight white Alabama clergymen saying that segregation should be fought in court and not on the streets. King uses a combination of three rhetorical appeals to accomplish his rhetor; ethical, logical and emotional. The three appeals used together successfully persuade t he audience to believe Kingââ¬â¢s argument. The rhetorical trinity consists of threeRead MoreRhetorical Analysis Of Letter From Birmingham Jail1665 Words à |à 7 PagesMartin Luther Kingââ¬â¢s ââ¬Å"Letter from Birmingham Jailâ⬠is a great example of an effective and cleverly written response by a complex but yet sophisticated leader of our time. It was written in response to an editorial addressing the issue of Negro demonstrations and segregation in Alabama at the time. He delivers the message in a way with sneaky superiority. He is inviting and open allowing the clergymen to feel as though they have contributed and will contribute. He is not condescending or belittlingRead MoreRhetorical Analysis Of The Letter From Birmingham Jail1066 Words à |à 5 Pagesuphold a broader grasp of an audience that encompasses forwardness. Furthermore, the use of an Internet platform, such as Facebook, to present the ââ¬Å"Letter from Birmingham Jailâ⬠would have accelerated a positive outcome to the brutality of Birmingham by broadening the audience without differentiating the rhetorical situation. Subsequently, the rhetorical situation of the publication via the Internet would remain only partially similar to the original copy. The intentions or purpose of the documentRead MoreRhetorical Analysis Of Letter From Birmingham Jail837 Words à |à 4 PagesIn the midst of the Civil Rights movement, Doctor Martin Luther King, Jr. found himself in a jail cell in Birmingham, Alabama, one of the most segregated cities in the United States at the time. While in that jail cell, King wrote Letter from Birmingham Jail in response to the cityââ¬â¢s religious leaders. Through his use of ethos, pathos, and logos, King made a thought-provoking and powerful argument for the Civil Rights movement which continues to inspire change in the hearts of his audience, bothRead MoreLetter From Birmingham Jail Rhetorical Analysis1136 Words à |à 5 PagesKing Jr.ââ¬â¢s Letter from the Birmingham Jail, he addresses eight white clergymen who fill his desk with disagreements and criticism of his acts of attempting to abolish segregation. To give a better understanding to his audience he correlates his speech with religion, signifying himself to be similar to the Apostle Paul, while speaking up about the injustice being done in Birmingham. Martin Luther King Jr. speaks strongly about being unable to stand back and watch the disputes in Birmingham unravel.Read MoreRhetorical Analysis Of Letter From Birmingham Jail1281 Words à |à 6 Pagesam in Birmingham because injustice is hereâ⬠(King 1). Martin Luther King Jr. is here to solve the racists issues and he says that in this quote. The way Doctor King protests inequality in the south should be acceptable and just. However, the white churchgoers and public officials somehow find a fault in Kingââ¬â¢s actions. I believe King did a great job in attempting not to offend anyone. All he was doing was trying to be the voice African Americanââ¬â¢s needed. In ââ¬Å"Letter From Birmingham Jailâ⬠KingRead MoreRhetori cal Analysis Of Letter From Birmingham Jail1178 Words à |à 5 Pagesinjustice. During the 1960s when he wrote his ââ¬Å"Letter from Birmingham Jailâ⬠, segregation was a major controversy. There was a divide between African Americans and white Americans with racism and prejudice being very prevalent throughout this era. Public places, like restaurants and bathrooms, were being split up into sections based on race. As a nonviolent protester, King frequented in silent marches through southern cities, especially Birmingham, Alabama. The goal was to act in a nonviolent
Wednesday, May 6, 2020
Data Analysis And Outcomes For The Efficiency Ratio
Data Analysis and Outcomes A two-tail t-Test was conducted to compare the individual vendor strategies to the calculated efficiency ratio. Three critical data points are used as a mean of testing the validity of the hypothesis: the t-Stat, critical value, and p-value. In the data if the t-Stat value is greater than the critical two-tail value then the null hypothesis (Ho) is rejected in favor of the alternate hypothesis (H1). In the first data point, comparing single-vendor strategies to best-of-suite, the t-Stat was -1.46 and the critical value was 2.26; therefore, because the t-Stat is smaller than the critical value the null hypothesis cannot be rejected and the data supports H0 that single-vendor strategies do not increase hospital efficiency more than best-of-suite. The same holds true when single-vendor is compared to best-of-breed; the data shows a t-Stat of 0.098 and a critical value of 2.11. A second way to analyze the data is to compare the p-value with the alpha. In the st udy, a level of significance (Alpha) of 5% or .05 was used. According to Ren (2009), the 5% represents the probability the researchers are willing to reject the null hypothesis given that the null hypothesis is true. In other words, the lower the alpha value is, the lower the risk of making a type I error, which is when the researcher fails to reject the null hypothesis when it is false. When comparing single-vendor to best-of-suite and best-of-breed, the p-value for the two-tail test was 0.17Show MoreRelatedThe Difference Between Performance Of Islamic Banks And Conventional Banks Before And During Financial Crisis975 Words à |à 4 Pagesimpact of financial crisis and also conducted a post-crisis study on both banking systems to find that performance varies with the size of banks (Beck, Demirgà ¼Ã §-Kunt, Merrouche, 2013). Ouerghi (2014) also found that profitability, credit risk and efficiency of conventional banks was better than Islamic banks but large Islamic banks did bet ter than large conventional banks. Similarly, Mobarek Kalonov (2014) provided empirical evidence, using two frontier approaches, from many OIC countries to compareRead MoreGlobal Construction Services ( Gcs ) Essay1475 Words à |à 6 Pages 1. Introduction The purpose of the response is advise the investor about the companies he is considering to invest in. The investor wishes to learn more about the profitability, liquidity and asset efficiency of the said companies along with a recommendation of which company would be most beneficial to invest in. The first company that has been analysed through the assignment was Blackmores Ltd, Blackmores Ltd was established in the early 1930ââ¬â¢s by a pioneering naturopath of the name MauriceRead MoreReview of Literature of Indian Banking System After Liberalisation1699 Words à |à 7 PagesBanks In India Present Scenario Private Sector Banks in India Concept of Financial Analysis 1.4.1 1.4.2 1.4.3 1.4.4 1.5 1.5.1 1.5.2 1.5.3 1.5.4 1.5.5 1.6 Meaning The Concept Need For A Comparative Financial Analysis Significance Of Financial Analysis Tools for Financial Analysis Ratio analysis Horizontal Analysis Vertical Analysis Funds Flow Analysis Cash Flow Statement Factors Affecting Financial Statement Analysis References 30 31 32 33 36 37 54 55 56 58 64 66 69 69 71 71 71 71 73 81 84 86 89Read MoreEffectiveness And Limitations Of Ratio Analysis1540 Words à |à 7 PagesRatio analysis is the fundamental indicator of companyââ¬â¢s performances for so many years; it is also can be seen as the very first step to measure a companyââ¬â¢s performance along with its financial position. Moreover, ratio analysis has been researched and developed for many years, Bliss had presented the first coherent system of ratios, and he also stated that ratios are ââ¬Å"indicator of the status of fundamental relationship within the businessâ⬠Horrigan (1968). However there are some arguments on whetherRead MoreIntroduction.. One Fundamental Difference Between Government,1540 Words à |à 7 Pagesmaking a profit, while government agencies are focused on achieving outcomes (Granof Wardlow, 2011, pg. 2). This essential difference depicts what information is required when reporting to stakeholders; financial dat a provided by a not-for-profit entity could depict a profit deficit, however all objectives may have been achieved. Poister advocates that performance measurement bridges that information gap by assessing outcomes (2003, pg. XV). Nevertheless, unlike the double-entry accounting systemRead MoreEvidence Based Practice Proposal : Literature Support1292 Words à |à 6 Pagesstaffing ratios and how they affect patient outcomes. The studies show how several factors affect the nursing workload and the adverse results of the patients. The information is investigated under several methods that range from level one to a level five on the pyramid. The extensive research studies provide the support and the evidence on the issue needing change. Search Methods The evidence found, was focused on issues with staffing ratios and the adverse effects on patient outcomes. The researchRead MoreThe Performance Of Finsbury Food Group Plc1485 Words à |à 6 PagesIntroduction: Financial ratio analysis can help businesses to analyze how well or poorly they are doing, by using their own financial data to work out all the ratios. These ratios can be used to measure performances of the companies, whether it is doing better this year than last, even whether it is doing better or worse than its competitors. (Anonymous, 2005) The main purpose of this report is going to analyze the overall performance of Finsbury Food Group PLC, by comparing financial ratios for this yearRead More Investment Essay1351 Words à |à 6 Pagesliterature, these findings have been considered as a violation of market efficiency. In this study, we explore the market reactions around the day of insider trading and the reporting day on Indian stock market. We are curious to perform our analysis on Indian data because a major chunk of studies on insider trading are concentrated on the U.S data. Therefore, the analysis of insider trading data in India provides us an independent outcome to compare with previous studiesââ¬â¢ results. Moreover, there are aRead MoreFinancial Performance Review and Objective1405 Words à |à 6 Pageson the art and cultural horizons of Kerala with annual mega events such asà Mathrubhumi Kalotsavam and The Mathrubhumi Film Award Functions. STUDY Financial statement analysis is the process of identifying the financial strength and weakness of a firm from the available accounting data and financial statement. The analysis is done by properly establishing the relationship between the items of balance sheet and profit and loss account the first task of financial analyst is to determine the informationRead MoreFinancial Performance Review and Objective1419 Words à |à 6 Pageson the art and cultural horizons of Kerala with annual mega events such asà Mathrubhumi Kalotsavam and The Mathrubhumi Film Award Functions. STUDY Financial statement analysis is the process of identifying the financial strength and weakness of a firm from the available accounting data and financial statement. The analysis is done by properly establishing the relationship between the items of balance sheet and profit and loss account the first task of financial analyst is to determine the information
Tuesday, May 5, 2020
Social Relation Business Relationship
Question: Describe about the Social Relation for Business Relationship. Answer: Issue The question of law to be determined in this case is; whether there is Derrick and Carmel had the intention to be legally bound and whether consideration was given and if it met the standards set by law. Rule The general rule that is applicable in social relation is that there exists a rebuttable presumption that there is no intention to be legally bound by any agreement made.[1] Conversely, an objective test to determine the intention of parties in a social relationship has been adopted by a majority of judicial decision which appears to eschew the application of the rebuttable presumptions as was observed in Ermogenous v Greek Orthodox Community of SA Inc.[2] On the matter of consideration, it is the general rule that consideration must be provided for a contract to be valid and enforceable. The consideration can either be the performance of an act or profit, benefit or interest that may be incurred in a promised transaction. [3]Some scholars appear to relate intention and consideration, and they argue that consideration determines the intention of the parties. The nerve of the reasoning of the preceding argument is that if consideration is present, then the parties intended to be legally bound. It should, however, be borne in mind that intention is an independent desideratum for a contract formation. In Woodward v Johnston [4] the claimant agreed to help the husband repair a dredge by cleaning the rust. The claimant dutifully performed this task during the weekend. The court held that such a relationship did not demonstrate that the parties had the intention to be legally bound because the claimant could not rebut the presumption that there was in intention to be bound. The presumption will, however, be rebutted in circumstances where a commercial agreement exists between a domestic relationship transaction. Moreover, the court in Todd v Nicol[5] While applying, the rebuttable presumptions ruled that they are rebutted if attention is paid to the nature of the relationship at the time of making the agreement and the extent to which the parties went to perform the promise. It is apparent from the test applied in Tods case that if the agreement goes beyond what would reasonably be inferred as a social agreement, the presumption will be rebutted. The judicial ink that has been spilled in recent cases in Australia is a manifest that the rebuttable presumption test has fallen into disfavor and the Objective test has taken root. It is of interest to note that the objective test has been applied in a case where the court held that the court should take into account the conduct of the parties and the wording displayed by the agreement and determine if on a balance of probability an intention to be legally bound will be inferred. The courts have applied the objective test in several instances to escape the use of the rebuttable presumption test. As has been noted in the Curie case consideration may be either a profit or interest following a promise. In this case, there was an agreed consideration of $20000. It has been held that the consideration must be given by the promisor to the promise and a promise cannot be enforced if a consideration has not been given.[6] It must also be demonstrated that consideration has an economic value and is not ambiguous in nature. In Dunlop Pneumatic Tyre Co Ltd v Selfridge Co Ltd[7] the court held that consideration must be the price that is paid fro the promise that has been made in the agreement. As such the promise should be valuable of benefit. In the case above Dunlop sold tires to a person on an agreed basis that they will not be sold at a certain undercut price. However, subsequent buyers of the tyres sold them at a lower price and the court held that there was no agreement between them and Dunlop and that there was no valuable consideration that had been given to enable the agreeme nt to be enforced. It is imperative to note that consideration must not necessarily be adequate. As a matter of course consideration must only be sufficient. In Chappell v Nestle[8] Lord Somervell argued that a sufficient consideration is based on the free will of the contracting parties to determine the final value of it. A more persuasive position was arrived at in Thomas v Thomas[9] where the court stated that a consideration of 1 pound as annual rent was sufficient and disregarded the argument that consideration must be adequate. Application Derrick and Carmel are cousins and therefore there relationship can be regarded as a domestic relationship. The fact that the relationship is a domestic one triggers the application of the rebuttable presumption test is strictly applied then the result will be that there was no intention to be legally bound. It can thus be argued that although Derrick and Carmel are great friends and cousins, the nature of their engagement is purely business related as it refers to a commercial service. It can be conceded that an intention to be legally bound existed in the agreement. The fact that agreement between Derrick and Carmel was of a business nature and a consideration of $20000 was given it can be stated that the consideration had an economic value and was very clear from the commencement of the transaction. It can be observed that Derrick and Carmel agreed on the final price after a counter offer which shows that the consideration was determined based on the free will of the parties who n egotiated. Conclusion In light of the above arguments and application of the law it can be concluded that the two parties had the intention to be legally bound by the agreement. However, as some scholars have noted the court determines the intention of both parties but on the real aspect the parties may have had a different intention when entering into the agreement. It could be argued that the court cannot determine what was in the minds of the parties realistically. This put other parties of the agreement at the peril of facing a miscarriage of justice. With regards to consideration, the amount that had been paid by Carmel is sufficient consideration and therefore he can enforce the promise in a court of law raising the above arguments. It is, however, advised that the rebuttable presumptions should not be entirely extinguished because it is most socially agreements that the parties will not likely end up in court incase of any failure to meet the obligations stated in the agreement. The onerous task sh ould be placed on the claimant asserting that there is an intention to be legally bound to rebut the presumptions that an intention to be bound existed in the social or domestic agreement. 1 (b). Issue The issue to be determined in this case whether there was an agreement between the parties for the contract to be enforceable and whether Carmelo is in a proper legal position to compel Derrick to give him the premium travel option. Rule The general rule is that for an agreement to be established there must be a consensus ad idem which is a meeting of the minds between parties entering into contract. The meeting of the minds will be evinced by an offer and a valid acceptance is communicated to the pother party to the agreement. The agreement can be said to have been settled once the other party is in acceptance to final terms that have been proposed and not during a counter offer. An offer has been defined in Australian Woollen Mills Pty Ltd v The Commonwealth[10] as a statement of expression of willingness to enter into a contractual agreement. It, however, begs the critical question on who made the offer in this case. Carmelo made an inquiry over the phone and asked Derrick if he can be booked fro the NBA final tour. Derrick replied with an offer which he communicated to Carmel. However, Carmel replied with an offer of a new price of 20000 pounds. It has been held in Hyde v Wrench[11] that when new terms are made by a party to a contract to an offer they cannot be deemed as an acceptance but rather a counter offer. Further, in the case where an offer and a counter-offer is made the situation is legally regarded as a battle of the forms I which case the last offer that is made and accepted wins the battle. It can thus be agreed that a valid offer in this case was made by Carmel. Acceptance must be communicated to the offeror in an effective manner.[12] It is of particular significance to note that the acceptance that was made by Derrick was communicated through email. The rules relating to acceptance by email state that an acceptance will be made when the email has been received.[13] This differs from the traditional position that has been taken by the postal rule that acceptance is deemed to have been made once the letter has been posted. It therefore follows that the acceptance was made when it was received by Derrick. Additionally, the general legal position is that the agreement is made the place where the acceptance has been received. The acceptance made must be clear and devoid any ambiguity. Essentially it must be one that will not trigger issues to do with interpretation in court. According Brambles Holdings v Bathurst City Council[14] the acceptance may also be implied. This means that acceptance may also be implied from the conduct of the parties w here they carry pout themselves in a manner that shows that they have accepted the terms and they are actually performing the contractual obligations already. It is also a rule of acceptance in contract law that acceptance must be made in relation to the offer that was made. In R v Clarke,[15] the plaintiff had stated in an interview that he was going to give information concerning the murder of two police officers to clear his name because he was under investigation. There was a reward that was to be given to any person who gave such evidence that will lead to the arrest of the real murderers. The plaintiff information led to the conviction the true murders. When he wanted to enforce the reward it was affirmed in court that the acceptance made to give the information was not in relation to the offer but to clear his name from any criminal suspicion. The acceptance that was made in the case of Derrick and Carmel was truly in response to the offer that had been made and therefore the acceptance can be said to be valid. Application Having demonstrated that there was a valid agreement which met the legal requirements of offer and acceptance it can be conceded that Carmelo can claim from the premium service that had been agreed on in the contract. In this case, Carmelo has a right to enforce the agreement as had been agreed. The fact that Derrick is offering a service that is poor implies that he is in breach of the contract that had been agreed between the two parties. In this case, it is advised to Derrick that may apply for damages where he will be awarded damages by the court fro the loss of the money without a service. In this case, he will be compensated an equal amount that he had paid to Derrick. Additionally, he may also be awarded punitive damages which are intended to punish the defendant fro breaching the contract. Apart from the punishment factor in the remedy, it is also intended to deter him from breaching another agreement in future. The court may award unliquidated damages for non-economic loss f actors such as pain and suffering if it is shown that Derrick suffered emotional distress and trauma from the loss of that great opportunity to tour the NBA finals. However, according to the Civil Liability Act 2002 a limit has been placed on the amount of money that can be awarded as damages for non-economic loss Lastly, Carmel may apply from the order of specific performance in court to compel Derrick to perform that which was his obligation in the agreement. This order will only be granted in circumstances where it is shown that damages will not adequately compensate the plaintiff. Conclusion It can be concluded that the requirement of an agreement has been established from the facts of the case in point because it has been demonstrated above that the requirement of offer and acceptance have been as required by law. In addition, the fact that that the parties, in this case, exercised their freedom of contract and engaged in offer and counter offer is sufficient evidence that the final price and terms agreed satisfied the requirement of an agreement. Having noted that there is a valid agreement it can also be concluded that Derrick can insist ion being given the premium accommodation and tour option because that was what he had bargained for. This promise can be legally enforced because all the essential elements required to form a valid and enforceable contract have been met. Most importantly it has been demonstrated that the parties had the intention to be legally bound by the terms that they had agreed on. Suffice to say; the failure to honor the promise in the agreed t erms by Derrick will attract a liability in breach of contract. References Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424 Brambles Holdings v Bathurst City Council (2001) 53 NSWLR 153 Brogden v Metropolitan Railway Company (1877) L.R. 2 App. Cas. 666 Coward v Motor Insurers Bureau [1962] 1 Lloyd's Rep 1 Chappel v Nestle [1960] AC 87 Coulls v Bagots Executor and Trustee Co Ltd (1967) 199 CLR 460 Currie v Misa (1875) LR 10 Ex 153 Dunlop Pneumatic Tyre Co Ltd v Selfridge Co Ltd [1915] UKHL 1 Entores Ltd v Miles Far East Corporation [1955] EWCA Civ 3 Ermogenous v Greek Orthodox Community of SA Inc [2002] HCA 8 Hyde v Wrench (1840) 49 ER 132 Jones v Vernon's Pools Ltd. [1938] 2 All ER 626 R v Clarke (1927) 40 CLR 227 Thomas v Thomas 1842 2 QB 851 Todd v Nicol [1957] S.A.S.R. 72
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