Contract law problem scenario Case Study Example | Topics and Well Written Essays - 2000 words

Contract law problem scenario - Case Study Example Equity has always sought to protect the weaker of two parties from oppression and from exploitation. In the context of a mortgage, equity will seek to intervene where the mortgage terms are oppressive. In order to answer this question it needs to consider presumed undue influence, which was defined in Bank of Credit and Commerce International SA v Aboody1. In this case the Court held that there was a relationship of trust and confidence between the parties of such a nature that it is fair to presume that the trust and confidence of the claimant were abused. Ginger is mother of Seamus, so the case falls in Class 2A types presumed undue influence for specific relationship. In Royal Bank of Scotland v Etridge (No. 2)2, the principle judgement was given by Lord Nicholls. In this case Ginger is especially proud of Seamus, who is a real success in her eyes. Lord Nicholls considered that a bank or any financial institution lending money should take steps to ensure that the claimant receives legal advice by asking for the name of the claimant's legal adviser. Here Northern Bank sends Miss Bindie with all the necessary paperwork but she did not provide adequate information. On the other hand Miss Bindie advised for solicitor or accountant to explain details of legal responsibilities and risks involved before sign papers. In order to answer this question it is also necessary to argue whether the contract was unconscionable or not. Here the contract was unconscionable for Ginger. Ginger is a pensioner, and has no other income. In Commercial Bank of Australia Ltd v Amadio3, in the High Court, it was held that the transaction should be set as side on the grounds that the bank's behaviour was unconscionable. An English court might well have reached the same conclusion on these facts by the application of the rules of undue influence. In Portman Building Society v Dusangh4, a father borrowed money on mortgage from the claimants so as to fund a loan to his son who was planning to buy a supermarket. The father was 72, retired, illiterate in English and spoke it poorly. No fraud or undue influence on the part of the son was alleged and the son was not in financial difficulties at the time of the loan. The father, the son and the building society sought to enforce the mortgage and the father argued that the tr ansaction as unconscionable was not excluded but on the facts the transaction was held not to be unconscionable. In Barclays Bank plc v O'Brien5, Mrs O'Brien sought to set aside the mortgage transaction on the ground that she signed the documents under undue influence and misrepresentation. It was held that the mortgage had been obtained either by her husband's misrepresentation or because of undue influence over her and the court ordered it to be set aside. Ginger can apply to the under s.14 of Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), whereby the court may make any order, including one not to sell (unlike the old s.30 of the Law of Property Act 1925, where sale was often the required way to resolve any dispute unless the purposes for which the property was

Politician qualities Essay Example for Free

Politician qualities Essay A Politician qualities are his characters that is natural, while some of the qualities are as a result of external influences. Promising politicians qualities are often backed by skills, experiences, intelligence, integrity, with instincts -all combined together to achieve their goals. First and foremost, the best quality of a politician is honesty, God fearing and loving. A faithful and effective politician is trustworthy and reliable. He must capture the essence of truth, display sincerity, candor and practices what he preaches. He makes decisions and accepts responsibility for his actions and his words. The same is true in his dealing with his people. He makes promises and keeps those promises. Somebody that people may be relied upon. Loving people with all his heart, might, mind, soul and striving to help them as a true mark of responsible politician. Moreover, a fake politician, will after taken the oath office with the Holy book and lousy thanksgiving services, use their power as an end in itself, rather than for public good, making them indifferent to the progress of their citizens. A good politician becomes the image of his creator. A good and responsible politician will give high regard for morality, law abiding with no tendencies to corrupt even a single cent or kobo. The greatest strength of good politicians is deriving joy in serving people and not to steal tax payer’s money. They know that a fulfilling and meaningful life is created through service to others. To be an effective politician, your followers must have trust in you. And the very best way for a politician to build trust is to display good sense of characters and qualities composed of values, beliefs, traits and skills. Another important quality of a good politician is integrity and technical skills to handle those challenging assignments, fiscal matters, policies, plans, projects, ideas and initiative solutions to problems. Integrity is consistency of actions, methods, measures, values, principles, expectations and outcomes. It is doing what is right, both legally and morally at all-time even when no one is looking. Since politicians play very significant roles in the administrative processes, especially having hands in thousands of important laws and policies to their communities and country, thereby they should be well-educated, modest, with experience in social welfare, volunteering or should have done some good work for the society. A politician should have a  thorough knowledge and up-to-date information about the constituency where he is going to contest an election. A good politician should be of a well discipline personality with selfless service to make live better for his people. This should be reflected in the community where he lives in all ramifications. Discipline is necessary for an orderly society and political life, without it, the social life would become miserable. A selfless service is putting the welfare of the people representing before your own. Winston Churchill described it as â€Å"the first of all human qualities because it is the quality which guarantees all others†. A good politician firmly believes in taking care and maintaining the community of his people. He believes that community service is about giving back. According to Theodore Roosevelt, â€Å"the most successful politician is he who says what the people are thinking most often in the loudest voice†. A person or politician who is with criminal background, or any links with criminals or whose allegation on corruption has not been cleared by the law court should be disqualified to participate in elections. Responsibility and party loyalty is another quality of responsible politician in a democratic state. A transparent politician is nearer to his people and meeting them to understand their problems. Only fake politicians are seen by voters when an election is near or change parties as footballers change clubs. As every parent has its responsibility to teach their children the principles of moral, culture, truth, sincerity to be self- responsible, so politicians need to integrate its citizens with importance of political responsibility and democratic values. A politician leads by example and knows his minimum responsibilities as an elected representative. A politician comes to politics to work for his constituents and not to work against them. He is the beck and call of the people and ready to listen to everybody. All these build a strong foundation for a dynamic society which will create solutions for any challenges, and finally develop strategies and political systems that will help implement those solutions automatically. He is quick to give hand to his fellow man. A reliable politician should be very loyal and committed to his party which shares his vision and goals. The value of loyalty simply depends on trust. A citizen should belong to a party with most brilliant, skillful, patriotic and dynamic people with common goals and aspirations. Team work best when they have common goals, mutual respect and understanding of each party  member’s strength. Politics is to unite and reach consensus and not to divide or create enimity among people. Power is only a product of collective action. Finally, to become a great politician or statesman, you have to use your talents, skills, experiences, honesty, integrity, challenges and constraints with the positive effect that we can have in touching other human lives. Politician must leave his constituency better than before elected. Greatness is within reach of a politician who consistently do things they out to be doing. He learns from mistakes and criticisms. It is a bad politician that will see that all the good is in his side and that all the bad lies with his opponent or just because someone does not agree with him, does not mean that all their ideas and solutions are bad. Good politicians show respect to the views and experience of others. Nobody has a monopoly of wisdom. He/she who aspires to be a great politician should have the ability to find and analyses problems in their constituency and find the best solutions for all these problems. There is no problem in this world without solutions. A good politician knows that simply giving consistent effort in the little task of services, social reforms, kindness or sacrifice in day-to-day life leads to true greatness of a nation. If all politicians make it a point of responsibility to develop and make life better for people in their units, wards, constituencies, states and regions-we will definitely have a great country.

William Shakespeares Hamlet and Sophocles Oedipus the King Essay

William Shakespeare's Hamlet and Sophocles' Oedipus the King   Ã‚  Ã‚  Ã‚  Ã‚  Though Shakespeares’ Hamlet and Sophocles’ Oedipus the King were written in two different eras, echoes of the latter can be found in the former. The common theme of Hamlet and Oedipus the King is regicide. Also, like in Oedipus the King, there is a direct relationship between the state of the state and the state of their kings. Furthermore, there is also a relationship between Oedipus’ armed entrance into the bedroom in which Jocasta hanged herself, and Hamlet’s confrontation of Gertrude in her bedroom. Both plays share the emphasis on a tragic irony in the chain of events that lead up to ritual of catharsis, but the plot of Hamlet makes a much more complicated character than that of the classic Greek tragedy of Oedipus the King.  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Sophocles’ Oedipus King and Shakespeare's Hamlet both contain the basic elements of tragedy, although the Shakespearean tragedy expanded its setting far beyond that of the ancient Greek tragedy. The tragic hero of Hamlet finds himself burdened with the task of avenging his father's death from the start of the play, and is not himself the source of the pollution of regicide, while Oedipus is of course the unwitting fashioner of his own doom, which is unveiled to him through recognition and repentance. Sophocles has Oedipus foretelling his own tragedy when speaking to the people of Thebes. The city suffers as a result of Oedipus’pride, and irony is shown when Oedipus suggest that by avenging Laius he will protect himself, or that by getting children upon Jocasta, the dead king's wife, he will be taking the place of the son of Laius, which, unknowingly, is himself. â€Å"I will bring it all to light... I shall rid us of this pollution, not for the sake of a distant relative, but for my own sake (Knox, 10).† The irony reaches its peak when Oedipus calls on the prophet Tiresias to help uncover the murder of Laius and seek an cure to the plague; the metaphor of vision is ironic in that the blind Tiresias can see what the seemingly brilliant Oedipus has overlooked, namely the king's crimes of incest and murder. â€Å"You are the murderer, you are the unholy defilement of this land(Knox, 23).† Tiresias goes on to say â€Å"I say that without knowing it you are living in shameful intimacy with your nearest and dearest. You do not see th e evil in which you live (K... ....† It was Gertrude’s subsequent reaction that led to the pivotal moment when Hamlet kills Polonius. The murder of Polonius was completely impetuous. Hamlet went from pondering murder to actually committing murder. When he does so it is not the actual act that is insane, but his lack of emotion which is. Scarcely acknowledging what he has just done, he continues preaching to Gertrude, and accuses her of plotting to murder his father. â€Å"With tristful visage, as against the doom, Is thought-sick at the act (Act 3, Scene 4).† After an elongated interrogation which sounded more like an S&M chat, we begin to realize Gertrude’s’s guilt for marrying Claudius, as well as her innocence in the actual plot to murder the King. It is only after the reappearance of the apparition that Hamlet begins to ease up on his mother.   Ã‚  Ã‚  Ã‚  Ã‚  Hamlet and Oedipus the King though quite different, have a lot in common. They are the similar from an oedipal perspective, as well as having in common the element of madness. Though many would have a problem putting Shakespeare in the same category as Sophocles, it is not difficult to place their works, Hamlet Oedipus the King respectively, in the same category.   Ã‚  Ã‚  Ã‚  Ã‚  

Cultural Self-Assessment Essay

I got 9 correct answers and 14 incorrect answers. This score is lower than I expected. I was anticipating to get more than half of the total questions right because I thought that the set of questions on cultural competency for health care providers is an easy subject to tackle. However, my assumptions have proven me wrong. I have realized that this topic required more knowledge about different cultures and its relation to providing high-quality and culturally competent medical services. Prior to taking these quiz, I thought that giving medical attention to people from different cultural backgrounds was an uncomplicated task. The reason behind this thinking is that culture is an issue that is familiar with every individual. More so, when dealing with a problem that involves the interaction of two or more dissimilar cultures, the natural instinct is to treat the difference with sensitivity and respect. It may seem that this is as simple as it sounds. But as I learned about the results of the quiz, there appears to be more than just being considerate and being polite. What we currently know does not necessarily mean that it is everything that we ought to know. People should go beyond their comfort zone and try to understand things that are foreign to us. In the field of medicine, it is very important to practice this so as to provide the best care to patients in aid of prolonging and improving their lives. 2. Which items did you answer correctly? Which items did you answer incorrectly? To what do you attribute your incorrect responses? Out if the 23 questions in the quiz, I got mostly correct answers on questions about communicating the similarities and differences of people from different backgrounds. However, there were some aspects of this subject matter that I did not do well such as asking about the patient’s personal background in a non-offensive way and soliciting g information in a non-verbal manner. Meanwhile, the 14 incorrect answers that I obtained were mostly about the beliefs and mannerisms of specific cultures. Also, I did poorly on handling language interpretation between a medical practitioner and the patient. Apparently, based on these results, I have a lot of learning to do to be able to be a competent medical practitioner in a culturally diverse environment. I think that one of the main reasons why I did so badly in this quiz is the assumption that handling cultural differences has a universal approach. More so, I thought that a certain method or attitude can be applicable to numerous race and ethnicity. But in reality, every culture demands to be treated distinctively because a Hispanic patient can have dissimilar needs with and Asian patient or a Western medical approach cannot be applied to a medical problem of a patient from an African descent. 3. How will you enhance your cultural competence in any areas in which you were deficient? How will you maintain your cultural competence in areas in which you were proficient? Since I was able to get more wrong answers than the right ones, I have realized that I have a lot of things to learn that will increase my knowledge about cultural competency and also I have to improve my skills in handling patients of diverse cultural backgrounds. One way of achieving this is by immersing myself to another cultural environment. Thought this, I can have a first-hand experience about the various traditions and beliefs that a certain culture practices. The knowledge that I will gain from this cultural encounter would aid me in becoming more sensitive and more informed on the different aspects of a specific culture which can guide me to become an efficient health care provider. On the other hand, with the culture competence areas that I am proficient, I plan to further my knowledge when it comes to communicating similarities and differences of people from different backgrounds. It is important to properly execute this in order to gain accurate information from the patient and also to provide effective measures as a medical practitioner.

F. Scott Fitzgerald Essay

On September 24, 1896, Francis Scott Key Fitzgerald was born to Edward Fitzgerald and Mollie McQuillan Fitzgerald, the product of two vastly different Celtic strains. Edward, who came from tired, old Maryland stock and claimed distant kinship with the composer of â€Å"The Star Spangled Banner,† (Spencer, 367-81) instilled in his son the old-fashioned virtues of honor and courage and taught by example the beauty of genteel manners. Fitzgerald was smitten by the sophisticated sixteen-year-old at a St. Paul Christmas dance in 1914 during his sophomore year at Princeton. For the next two years, he conducted a one-sided romance both in person and through ardent correspondence with a girl who embodied his ideal of wealth and social position. Ginevra, however, was more interested in adding to her collection of suitors than in restricting herself to one. Legend has it, moreover, that Fitzgerald overheard someone, perhaps Ginevra’s father, remark that poor boys should never think of marrying rich girls. (Moreland, 25-38) By 1916, the romance had ended, but its effect lingered long in Fitzgerald’s psyche. Fitzgerald’s greatness lies as much in the conception as in the achievement. In this way Fitzgerald and his fiction capture some essential quality of the American myth and dream that were the focus his lifetime of personal and literary effort. Without doubt, Fitzgerald’s art was a response to his life. He immersed himself in his age and became its chief chronicler, bringing to his fiction a realism that gives it the quality of a photograph or, perhaps more appropriately, a documentary film. With the clothing, the music, the slang, the automobiles, the dances, the fads — in the specificity of its social milieu-Fitzgerald’s fiction documents a moment in time in all its historical reality. Yet Fitzgerald captures more than just the physical evidence of that time. He conveys with equal clarity the psychology (the dreams and hopes, the anxieties and fears) reflected in that world because he lived the life he recorded. Autobiography thus forms the basis of the social realism that is a hallmark of Fitzgerald’s fiction, but it is autobiography transmuted through the critical lens of both a personal and a cultural romantic sensibility, a second defining characteristic of his art. These two strands help to place Fitzgerald within American literary history. (Hindus, 45-50) Fitzgerald came to prominence as a writer in the 1920s, a period dominated by the postwar novel, and thus his fiction reflects all the contradictions of his age. World War I was a defining event for Fitzgerald and the writers of his generation whether or not they saw action in the field. Postwar developments on the home front contributed as well to the sense of purposelessness, decay, political failure, and cultural emptiness that pervades the literature of the 1920s. A new conservatism dominated America. Fitzgerald’s fiction of the 1920s reveals the tensions inherent in this mixture of anxious longing for the old certainties and heady excitement at the prospect of the new, just as his fiction of the 1930s captures the human cost — the wasted potential and psychic dislocation — of the gay, gaudy spree and its subsequent crash. His critics argue that he is no more than a stylish chronicler of his age, a mere recorder of the fashions and amusements, the manners and mores of his postwar generation, and he is certainly that. Yet verisimilitude, the truthful rendering of experience, is a distinguishing feature of realistic fiction, and particularly of the novel of manners, a literary form that examines a people and their culture in a specific time and place and a category into which much of Fitzgerald’s fiction fits. Thus, Fitzgerald’s ability to convey accurately his own generation is not necessarily a weakness. Fitzgerald’s lyricism and symbolist mode of writing reveal an essentially romantic sensibility that not only gives shape to his worldview, linking it to some traditional attitudes about the individual and human existence, but also supports his thematic preoccupations. Critics who complain of Fitzgerald’s inability to evaluate the world that he so brilliantly records (and the life that he so intensely lived) need look no further than his third novel, The Great Gatsby (1925), for proof of his double consciousness. Increasingly aware of the complex social, psychic, and economic forces that were driving his generation to excess and emptiness, Fitzgerald found the literary forms to give them expression in a novel that is now considered a modern masterpiece. Through his indirect, often ironic first-person narrative, Fitzgerald was able to give the story of Jay Gatsby, a man who reinvents himself to capture a dream, sad nobility, and the novel’s complex symbolic landscape reinforces this view. Gatsby may initially be just another corrupt product of his material world, but through the eyes of Nick Carraway, readers gradually come to see him as a romantic idealist who has somehow managed, despite his shadowy past and equally shady present, to remain uncorrupted. Fitzgerald’s complex symbolic landscape also elevates Gatsby’s quest to the realm of myth, the myth of the American Dream, and thus the novel offers a critical perspective on a nation and a people as well as on a generation. When E Scott Fitzgerald died in December 1940, his reputation was that of a failed writer who had squandered his talent in drink and excess. He may have written the novel that defined a decade, This Side of Paradise ( 1920), and another that exposed the dreams and illusions of a nation, The Great Gatsby ( 1925), but his achievement had been overshadowed and largely blighted by his life. (Frohock, 220-28) Works Cited Frohock W. M. â€Å"Morals, Manners, and Scott Fitzgerald†. Southwest Review 40( 1955): 220-228. Hindus Milton. F. Scott Fitzgerald: An Introduction and Interpretation. New York: Holt, 1968. 45-50 Moreland Kim. â€Å"The Education of F. Scott Fitzgerald: Lessons in the Theory of History†. Southern Humanities Review 19(1985): 25-38. Spencer Benjamin T. â€Å"Fitzgerald and the American Ambivalence†. South Atlantic Quarterly 66( 1967): 367-381. Appendix LITERARY WORKS BY F. SCOTT FITZGERALD This Side of Paradise. New York: Charles Scribner’s Sons, 1920; Scribner Paperback Fiction, 1995. Flappers and Philosophers. New York: Charles Scribner’s Sons, 1920. The Beautiful and Damned. New York: Charles Scribner’s Sons, 1922; Scribner Paperback Fiction, 1995. Tales of the Jazz Age. New York: Charles Scribner’s Sons, 1922. The Vegetable; Or, from President to Postman. New York: Charles Scribner’s Sons, 1923. The Great Gatsby. New York: Charles Scribner’s Sons, 1925; Scribner Paperback Fiction, 1995. All the Sad Young Men. New York: Charles Scribner’s Sons, 1926. Tender is the Night. New York: Charles Scribner’s Sons, 1934; Scribner Paperback Fiction, 1995. Taps at Reveille. New York: Charles Scribner’s Sons, 1935. POSTHUMOUS PUBLICATIONS The Last Tycoon. Ed. Edmund Wilson. New York: Charles Scribner’s Sons, 1941; The Love of the Last Tycoon. Ed. Matthew J. Bruccoli. New York: Scribner Paperback Fiction, 1994. The Stories of F. Scott Fitzgerald. Ed. Malcolm Cowley. New York: Charles Scribner’s Sons, 1951. Afternoon of an Author. Ed. Arthur Mizener. New York: Charles Scribner’s Sons, 1957. Babylon Revisited and Other Stories. New York: Charles Scribner’s Sons, 1960. Six Tales of the Jazz Age and Other Stories. New York: Charles Scribner’s Sons, 1960. Pat Hobby Stories. New York: Charles Scribner’s Sons, 1962. The Apprentice Fiction of F. Scott Fitzgerald, 1909-1917. Ed. John Kuehl. New Brunswick, NJ: Rutgers University Press, 1965. The Basil and Josephine Stories. Ed. Jackson R. Bryer and John Kuehl. New York: Charles Scribner’s Sons, 1973. Bits of Paradise: 21 Uncollected Stories by F. Scott Fitzgerald. Ed. Matthew J. Bruccoli. New York: Charles Scribner’s Sons, 1973. F. Scott Fitzgerald’s St. Paul Plays, 1911-1914. Ed. Alan Margolies. Princeton, NJ: Princeton University Library, 1978. The Price Was High: The Last Uncollected Stories of F. Scott Fitzgerald. Ed. Matthew J. Bruccoli . New York: Harcourt Brace Jovanovich, 1979. The Short Stories of F. Scott Fitzgerald. A New Collection. Ed. Matthew J. Bruccoli. New York: Charles Scribner’s Sons, 1989.

Lies of Silence essays

Lies of Silence essays Michael Dillon was the manager of the hotel Clarence, in Belfast (Ireland). He had had an awful day and after work he goes to see his mistress, Andrea Baxter (a Canadian girl who moved to Ireland with her parents and stay to study arts). Dillon thought Andrea was going to leave him but when they met, she told him that she wasnt going to accept the work in London because she wanted to stay with him because she loved him. That made Dillon react and he decided to leave his wife and his job to go with Andrea to London and begin a new life together. Dillon said that the following day he would pack his things, talk to his wife (to leave her) and to his boss (to ask for another employment in London). He would live in the hotel with Andrea until the day they finally go to London. Dillon and Andrea had met for the first time a few months ago. There was a conference about Scottish and Irish poetry in the hotel, and Andrea was doing interviews. Since then they had meet often to make love. However he didnt see that relationship as an affair, he was really in love with Andrea. As he drove home, he thought about several things: He remembered his father saying that the Germans destroyed Belfast. He remembered when he first met his wife, Moira. It was at a party in London. She was a teacher fed up with teaching kids and wanted to go back to Ireland; Dillon was going to Ireland to be the manager of a hotel but he wished he could stay in London. Dillon fell in love with Moiras looks and proposed her. He thought about his fathers reaction to what he wanted to do. His father, who had introduced him to the hotel business (he was the proprietor of Kinsallagh House Hotel), would feel betrayed. When he finally arrived home he found his wife with a friend (Peg Wilton) who he would have to drive home. In the way home, Peg asked Dillon if he would let Moira work in a ...

Influences of Personal Computers Today essays

Influences of Personal Computers Today essays Since the beginning of the Industrial Revolution, people wanted and needed an easier way of calculating and measuring. Through the dreams of Charles Babbage, the computer was born. These new machines could do any regular math more than twice as fast as any human. Sadly, these ideas were not appreciated until almost one hundred years later. In the 1950's, the idea of computers was broght up again. This is when people finally started crediting Babbage's work. The technology available now made it possible for people to construct a digital computer. The idea of building a computer became a necessity when World War II came about. Many important names such as ENIAC and IBM cam about, and computers became a very wide interest in the world. What influenced personal computers of today? The thought of a machine being more intelligent than a mathmetician was laughed at, and thought of as an impossibility. That all changed when Charles Babbage was brought into the world. Charles Babbage was a mathmetician, engineer, and a future computer designer. He was actually known as the "Grandfather" (Slater 3) of the modern day computer. He was and still is, thought of as ahead of his time. Charles Babbage entered Trinity College, Cambridge in 1810. There he studied mathematics and chemistry. Between 1815 and 1820, he was involved mostly in mathematics, studying algebra. In 1822, he finally built his first mechanical computer, the Difference Engine. This was the first ever mechanical computer. It could add, subtract, divide, and multiply. He then started working on a more advanced machine in 1834, the Analytical Engine. This would be much more advanced than the Difference Engine. It would be steam powered and fully automatic. This would have been his greatest achievement. Unfortunately, the technology available to him was not advanced enough for Babbage to build, what would have been, the first digital computer. Another reason he never bui...