Friday, May 22, 2020
Employment Discrimination on the Basis of Gender Identity...
Transgender individuals are disproportionately affected by discrimination in the workplace. In 2011, the National Gay and Lesbian Task Force and the National Center for Transgender Equality released the report â€Å"Injustice at Every Turn,†which details the discrimination faced by transgender and gender non-conforming individuals. The report revealed that across all employment sectors 90% of respondents reported experiencing harassment or mistreatment on the job or took actions to avoid it, and 47% experienced some sort of adverse job outcome (did not get a job, were denied a promotion, or were fired), 26% of which lost a job due to being transgender (Grant et al. 51-53). In the public sector specifically, there are approximately one†¦show more content†¦Ã¢â‚¬ ¢ In 2002 to 2003, 37% of gay or transgender state and local government workers with law degrees indicated they had been verbally harassed and more than 25% reported experiencing some other form of discrimination (Burns 9). These findings demonstrate that discrimination on the basis of sexual orientation and gender identity is a major problem and exists in many areas of the public sector. Economic effects of employment discrimination In addition to the negative effects experienced by transgender individuals, discrimination based on gender identity negatively affects discriminatory employers and society in general. According to John Donahue, the neoclassical model of the labor market can be extended to analyze labor market discrimination. Discrimination is introduced to the model as an aversion by employers to certain groups even though all groups are equally productive. Such employment discrimination results in market inefficiency and hurts the economy. The benefits of an efficient market include: more goods and services that will be available to satisfy wants and needs of citizens, and nonmaterial benefits emerge from greater economic productivity. Donahue reasons that there are political advantages to an efficient economy because economically developed countries have stable democracies because affluence tends to reduceShow MoreRelatedThe Community Of Lgbt Workers Essay1583 Words  | 7 PagesSince the begin ning of their existence and in today’s society, the community of LGBT workers are not being treated fairly or getting their fair share that they deserve in the workplace. They are victims to high rates of workplace discrimination. Instead of being judged as workers and what they bring to their jobs and how they work, they are being judged by their sexual preferences and appearance. Being a gay or transgender worker causes them to be mistreated, not judged for the actual workers theyRead MoreSexual Orientation and Gay Marriage Essay1052 Words  | 5 Pagesorientation. Personally, I believe that it’s nobody’s business who likes who, but that doesn’t mean homosexuals should be denied their rights everyone else has. Such as being able to wed, being able to have children, being able to express affection in public, etc. Only 19 states so far have legalized gay marriage. These include: California, Connecticut, Iowa, Massachusetts, New Jersey, New Mexico, Oregon, Pennsylvania, Delaware, Hawaii, Illinois (June 1s) , Minnesota, New Hampshire, New York, Rhode IslandRead MoreEssay on Sexual Orientation Discrimination Prejudice in the Workplace1103 Words  | 5 PagesOrientation Discrimination Prejudice in the Workplace. Sexual orientation is â€Å"the clear, persistent desire of a person for affiliation with one sex rather than the other†, otherwise known as sexual preference. (http://medical-dictionary.thefreedictionary.com) Prejudice against lesbians, gays, bisexuals, and transsexuals (otherwise known as LGBT people) remain widespread in American society. LGBT people have always been a target for discrimination. Like other forms of prejudice, this discrimination is basedRead MoreGender Discrimination And The Transgender Community1600 Words  | 7 Pagesexpress themselves, etc. Dalton Conley explains that gender â€Å"[Is] a collectively defined guidebook that humans use to make distinctions among themselves, to separate one being from another, and to comprehend an otherwise fuzzy mass of individuals.†(279) However, when this â€Å"collectively defined guidebook†is mildly altered, many individuals are confused and respond negatively towards these changes. Transgenders are individuals who identify with a gender that does not correspond with their sex, and soRead MoreShould Gay Rights Be Legal?1580 Words  | 7 Pagesfor our community due to sexuality. Sexual discrimination is considering a candidate or worker unfavorably because of a person’s sex, or affiliation with a group or groups related with a specific sex. The law forbids discrimination based on sex when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits and any other term or condition of employment. Gender identity discrimination, on the other hand, is more specific to peopleRead MoreEssay on Discrimination in America1155 Words  | 5 Pagessome sort of discrimination. Discrimination can be defined as treating people differently, negatively or adversely without having a good reason. It is an act making distinction in favor of or against a person based on their group, class or category. There are fou r major types of discrimination which are gender discrimination, racial and ethnic discrimination, age discrimination and disability discrimination. The first type of discrimination is gender discrimination. Gender discrimination involvesRead MoreReligious Liberty Accommodations Act : The LGBTC Case Report923 Words  | 4 Pages2016, the Jackson City Council unanimously passed a city-wide nondiscrimination ordinance which protects LGBTQ citizens from discrimination in housing, public accommodations and employment. In the midst of the fight over HB 1523, the superintendent and members of the Jackson Public School Board of Trustees voted to extend fully-inclusive sexual orientation and gender identity protections to their employees and students. All of these efforts to promote diversity and inclusion came about through strongRead MoreCollege LGBT Students Discrimination in Employment, Education and Community: Problems and Possible Solutions2588 Words  | 11 Pagesï » ¿College LGBT Students Discrimination in Employment, Education and Community: Problems and Possible Solutions Alcantara, Ma. Romelie Azucena, Claire The Seventh Secretary-General of the United Nations Kofi Annan (2006) once said that â€Å"Gender equality is more than a goal in itself. It is a precondition for meeting the challenge of reducing poverty, promoting sustainable development and building good governance.†However, despite this and all of the actions done by the LGBT (Lesbian, Gay, BisexualRead MoreRacial Discrimination On Minority Groups1498 Words  | 6 Pagesexplicates why the 2005 World Summit Outcome reaffirmed the rights of minorities and advocacy to the efforts of the United Nations (Zanden and James 153). Does discrimination on minority groups have a basis in our daily lives? It is from that rationale that this paper will endeavor at elucidating on the motives why I think discrimination on minority groups has no grounds in our society. By venturing into various forms of prejudice, such as racial differences, gay, lesbians, transgender, and the disabledRead MoreTransgender As A Social Problem Essay3514 Words  | 15 Pages TRANSGENDER IN SPORTS The existence of those human beings who do not confirm to their gender has been documented throught human history .The term transgender is deeply rooted in Indian history, it has been an umbrella term. The problems that transgender are facing are more of a psychological rather than a social problem. They are still not accepted and recognized in the society. Transgender is a term for those people who do not fall either under male category
Tuesday, May 19, 2020
The Effect Of Solar Energy On Natural Energy - 1450 Words
Causes of Solar Energy Solar energy has been translated as natural energy source that’s become beneficial for humans. Solar energy is natural energy from the sun that can be used by converting solar cells into useable energy and can be used to run electricity in business, homes, antennas, watches, etc. Solar energy is important in society because unlike fossils, fuel, and oil that will eventually be gone from our earth, solar energy will be the replacement since it is natural source of electricity acquired from the solar rays making it what known to be as clean energy source. Although, there are a lot of reasons such as solar energy being expensive, taking a lot space, and not being a reliable source of energy in the night time, I still believe that solar energy is beneficial for humans in the way that it reduces electricity bills, is a major source of renewable energy, and helps the environment as it does not produces carbon dioxide. Solar energy weakness is shown during the night time. Solar energy advantage is used during the daytime as the solar panels catches solar rays converting it into a source of electricity; however, this source of energy has its weakness as it cannot create electricity for business, and homes during the night time. In the article of solar word, it mentions about the disadvantages of solar energy as it says that â€Å"solar energy needs backup energy solution in order to be considered as a reliable source of energy.†(solarword 3). This source of solarShow MoreRelatedRenewable Energy : A Nuclear Reactor1064 Words  | 5 PagesChernobyl, Ukraine exploded, it left 30 dead and lasting radioactive effects in parts of Russia, Belarus, and Ukraine. There have been longstanding effects of this disaster, such as thyroid cancer in children, radiation sickness, and environmental consequences. (WNA) In the pursuit of energy, humankind has sabotaged ecosystems, the ozone layer, and caused complications to our own health. Whether it be drilling, mining, or nuclear energy. Renewable resources seem to be the only alternative to the harshRead MoreAlternative Energy: Solar Energy1323 Words  | 5 PagesIn the world today, alternative energy source which is an alternative to fossil fuel and nuclear energy is becoming more and more of a necessity. Right now, the world’s population growth has caused an increase in the energy demand. Rosenberg (2009) pointed out that the world’s current growth rate is about 1.14%, representing a doubling time of 61 years. OECDs International Energy Agency[IEA] (2014) found that from 2011 to 2035 the world energy demand is likely to rise by more than two-thirds. ThoughRead MoreSolar Energy : The Ultimate Renewable Resource Manish Kumar1264 Words  | 6 PagesSOLAR ENERGY IS THE ULTIMATE RENEWABLE RESOURCE                                           Manish Kumar (EE B.Tech)                                                                                                               Universal Institute of Technology, Garhi (Hisar) Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â à ‚   manishboora13@gmail.com   Abstract-The energy availability is essentially needed for all living beings in life .TheRead MoreRenewable Energy And Natural Gas1123 Words  | 5 Pagesthe moral analysis is renewable energy, for example wind and solar power. Renewable energy is the least established method of generating electricity and is therefore still heavily tied up in research. By definition, renewable energy sources have a theoretically limitless amount of energy production since they do not deplete any resources through their use. This means that for as many years as humans inhabit the earth they can use renewable energies, such as solar, wind, hydro-power or others, whichRead MoreThe Debate Over Global Warming Essay1249 Words  | 5 Pageshave an alternative source of energy. Although green, renewable energy sources like wind and solar have been hailed as the technologies of the future, they are not yet mature enough to shoulder the burden of being our so le source of energy. Until renewable energy technology advances sufficiently, natural gas can serve as an effective bridge fuel, lessening the toll we are taking on the environment while ensuring that we can meet our energy needs. As fuel sources, solar and wind power seem to be idealRead MoreSolar Energy : Solar Panels999 Words  | 4 PagesSolar Energy: Solar Panels In the last decades energy consumption has come to a time where people started noticing the climate changes and the effect of fossil fuel energy for not only being environmentally destructive but also causing Global warming (the warming that occurs as a result of increase emissions of greenhouse gases) has become a very big issue worldwide. The fossil fuels (Oil, Coal, and Natural Gas) which is the main sources of the world’s energy sources have negative natural emissionsRead MoreProposal Of Solar Energy973 Words  | 4 PagesProposal of Solar Energy With global warming and climate change, our mother earth’s deteriorating health has become a serious problem and is affecting the lives of all species, including human beings, that depend on its plentiful resources to survive. Oil, or petroleum, a nonrenewable energy source, is now running out, being also one of the major obstacles we face nowadaysâ€â€the extraction and burning of oil done by human beings have been contaminating the environment, water sources, and the atmosphereRead MoreSaudi Arabi A Large Amount Of Energy1388 Words  | 6 PagesAbstract There has been an increasing growth in the development of new energy resources that can compete with the energy demands of the growing population of the world. In this manner, a number of steps have been taken in the major parts of the world. Solar power is been in use since a long time. With the increasing demands of oil and gas there is a rapid decrease in the supply of these natural resources, and hence, the authorities are looking for alternative ways to supply the power to the exceedingRead MoreThe Impact Of Solar Energy On Our Nation1491 Words  | 6 PagesImpacts of Solar Energy In today’s time, solar energy has already dominated the market and has drastically changed the way our nation gets its energy supply. In every 50 to 100 square miles of American land, the effects of use of solar energy have become pretty prevalent that even small scale businesses, residences and properties have already showed interest in this new energy trend. It is now considered as one of the world’s cleanest forms of energy and plans to further utilize the use of this formRead MoreSolar : An Alternative Energy Source868 Words  | 4 PagesTitle: Solar as an Alternative Energy Source Meta Tags: alternative energy, benefits of alternative energy, alternative energy sources, alternative sources of energy, alternative energy companies Meta Description: Save money and examine the positive impact of using the sun s rays as an alternative source of energy. With the availability of coal, oil and natural gas more limited every day, many people are turning to the oldest and most abundant source of power on Earth -- the sun. Solar energy
Sunday, May 10, 2020
The One Thing to Do for Medical Argument Essay Topics
The One Thing to Do for Medical Argument Essay Topics Tips right here are new department of a very good rationale is doing a superb argumentative paper, ideas that you're feeling completely free endeavor. At the close of the work, you go on and restate your claim. Each style differs in two ways. From time to time, it can be an excellent notion to think of any topics that you're particularly interested in. It's possible to opt for an intriguing topic from any area of science. By way of example, in college, you might be requested to compose a paper from the opposing viewpoint. Your paper must have an entirely one-sided conclusion stating your own stance is good while that of your opponent is entirely bad. Similarly the very last lines of the very first paragraph should lead the reader on the remainder of the essay. Essays argumentative recommended to produce topics to the source in every section so the written can be double-checked. You may start with an introductory para graph. The professional strategy is using different paragraphs to emphasize the subject of the essay. What to Do About Medical Argument Essay Topics Before You Miss Your Chance It is possible to buy argumentative essay from a specialist writer. The reader will remain curious to understand your resources, so he can easily determine the soundness of your essay. A prosperous introduction can give a review of the info that the readers will be receiving in the essay. You may also take some expert's advice to turn your essay better. In terms of the organization of the last essay, it's advised to use a 5-paragraph structure. Research is a fundamental portion of an essay. For example, the argument `It is true that God exists' is not topics topics fact and wouldn't interest you agnostic reader. If your reply is yes'' then you want to understand a few important facts. To the contrary, it can likewise be quite interesting to work on only when you have good topic in your hands since it is regarded as the backbone of an evaluative essay. When the topic was decided, with is important to come up with an argument surrounding the exact same. Understanding Medical Argument Essay Topics Consider the things you've got in common rather than the issues where you differ. When you begin, you will discover that not all problems can be fixed all at one time. It is crucial to recognize the precise issues which are posing threat to your very married life. Parent-child problems may also create turmoil. Moreover, in-text citations will present your awareness of the various papers formats. The duration of the sentences shouldn't be ignored. The topics of excellent support sources are going to result in a decrease grade. So should you have to employ college essay writer online, we're just the people who you'll need to contact. Most Noticeable Medical Argument Essay Topics You would have to first provide an argument for the presence of mind-independent moral obligations. Salvaging a failing marriage isn't straightforward. Today you can work on developing a better environment for a much healthier marriage. It is possible to look at what resulted in the issue and the way the problem is affecting you, your spouse and the performance of your partnership.
Wednesday, May 6, 2020
Bootlegging - 1172 Words
A.J. D’Angelo Ms. Roach Classics in American Literature 20 April 2011 Bootlegging â€Å"The more taboos and inhibitions there are in the world, the poorer people become†¦ The more articulate the laws and ordinances, the more robbers and thieves arise†(qtd. in â€Å"Rumrunning†¦Ã¢â‚¬ ). The 1920’s in American History was an extraordinary time period due to the extreme prosperity of the people who lived in it. The lust for bigger and better conveniences was developed and led people to want easy money. After the eighteenth amendment went into effect, the quickest way to make money was through the illegal production and smuggling of alcohol. Smuggling created the infamous gangsters who made their fortunes from the moonshine. The greatest contributor†¦show more content†¦Bootlegging was prominent in states near national boarders that could easily be crossed (â€Å"Prohibition†). Though Prohibition ended, bootlegging remained in areas that had locally banned alcohol (â€Å"Bootlegging†). Out of the bootlegging indus try grew the gangsters that profited from it through extortion and illegality. â€Å"America experienced a massive increase in corruption and the growth of organized crime†¦Ã¢â‚¬ due to prohibition. â€Å"Powerful gangsters murdered anybody who got in their way†(Feinstein). Al Capone, a notorious gangster, joined the mob in 1920, killed off the mob boss with his friend Torrio, and later took over the mob from Torrio. The other major gangster of New York and Chicago was Bugs Moran, the target of the Valentine’s Day Massacre (Feinstein). On Valentine’s Day, Capone lured Bugs Moran’s men to an empty warehouse. He then had his men kill Moran’s men, in what is known as the Valentine’s Day Massacre (Lieurance). Capone’s chain of command kept him out of much of the trouble that the police suspected him to have caused. He was later convicted on tax exemption and died of pneumonia on January 25, 1947 (â€Å"Al Capone†). Even though Capone was a well-known criminal, the help he gave to the community gave him much love and praise as he drove around Chicago (Feinstein). Another difficulty for the law enforcement in the conviction of these gangsters was the gangsters’ ability to buy off police and chiefShow MoreRelatedBootlegging and Al Capone Essay1895 Words  | 8 PagesBOOTLEGGING In 1919, the Eighteenth Amendment was passed, this amendment made the consumption and sell of alcohol illegal. A group of people referred to as â€Å"moral reformers†felt that banning the sell and consumption of alcohol would better protect the lives of people as well as make them better (Rose). Businesses, such as industrial businesses, believed that it would better productivity if the workers could remain sober. The Volsted Act was passed shortly after the Eighteenth Amendment to makeRead MoreThe Leader Of The Bootlegging Operations During The War On Drugs1280 Words  | 6 Pagesthe way. The leader of the bootlegging operations during the prohibition was a man named Alphonse Gabriel Capone or as he is better known as, Al Capone. Al Capone was a man that was well respected as well as feared and sometimes even revered due to his untouchable nature. He was the leader of the Five Points Gang, which was an influential gang during the era of the prohibition. He focused on boo tlegging operations rather than drugs because of the high demand. Bootlegging is â€Å"...in U.S. history, illegalRead MoreEvents of The Roaring Twenties985 Words  | 4 Pagesmain contributions from Prohibition were: bootlegging, organized crime, and the failure of Prohibition. Prohibition very much contributed to the atmosphere of the Roaring Twenties in a detrimental way to society by creating a period of time in which even the average citizen broke the law. A huge part of the Prohibition’s detrimental contribution was bootlegging. Bootlegging was the illegal trafficking of alcohol in violation of the 18th Amendment. Bootlegging became very popular in this time periodRead MoreEssay on Prohibition in the United States1500 Words  | 6 Pagesalcohol (Organized Crime and Prohibition 1). Alcohol increased the organized crimes during Prohibition through loopholes in the 18th Amendment, speakeasies, doctor’s prescriptions, and bootlegging. Bootleg alcohol was one of the main reasons organized crimes began (Organized Crime and Prohibition 1). Bootlegging was when alcohol was brought into the country illegally from outside the borders. Although, sometimes the illegal alcohol was obtained within the United States (Sifakis 725). OrganizedRead MoreWhy Prohibition Didnt Work1612 Words  | 6 Pagesdistribution of alcohol illegal. However after Prohibition was put into effect, it became evident that its goals to eliminate drinking and the problems that supposedly followed were no longer achievable. With the expansion of private distilling, bootlegging, and corruption, it is fair to say that Prohibition was not a success. Due to the fact that Prohibition prohibited the sale of alcohol, many Americans started to purchase illegal alcohol from bootleggers, stores and the restaurant chainsRead MoreEssay On Al Capone1271 Words  | 6 PagesCapone born in Brooklyn, New York to a poor US immigrant couple, Gabriele and Teresina Capone, seeking a better opportunity for their then big family of eight children. He was known for running many lucrative illegal businesses that included alcohol bootlegging, gambling, prostitution, and protection. Al Capone was so notorious that he would murder those who got in his way. With little prosecution of his actions, Al Capone believed his self to being unstoppable. Al Capone, being raised as a kid in povertyRead MoreProhibition in Canada Essay628 Words  | 3 Pageswere spending on alcohol. Prohibition was a very good time some citizens though because it was a good way to make money and fast, this was by bootlegging and smuggling but, it was also a risky way to make money as it was illegal to do so. Bootlegging was a very common thing to do so back then because of the rewards in doing it. There was so much bootlegging going on during prohibition that the United States depended very much on eastern Canada when United States went dry too. A group of bootleggersRead MoreProhibition in the Great Gatsby1355 Words  | 6 Pagesdreams revolved around impressing and winning back Daisy. He was so blinded by his love for Daisy that he was not willing to achieve his actual dream. In the Great Gatsby, it is heavily inferred that Gatsbys success and wealth is earned through bootlegging. Gatsby became known as a mysterious, wealthy man. Gatsby created an image for himself. No one knew anything about him but he was still famous amongst all of New York. Bob Batchelor says, â€Å"It would be difficult to find someone who did not immediatelyRead MoreProhibition And Prohibition Of Alcohol1007 Words  | 5 Pagesalcohol. This was when smuggling liquor and creating moonshines began, opening the United States to a world of organized crime, and was called bootlegging. The earliest bootleggers began â€Å"smuggling foreign-made commercial liquor into the United States from across the Canadian and Mexican borders and along the seacoasts from ships under foreign registry.†Bootlegging began organized crime in America and began to thrive as an illegal business. Alcohol was smuggled throughout the United States, into nightRead MoreThe Roaring Twenties1460 Words  | 6 Pages The Nineteen Twenties, sometimes known as The Roaring Twenties ,was the time period betw een 1920-1929. Jazz music, flappers, and bootlegging were prominent during this time. Alcohol was banned causing the crime rates to skyrocket and the consumption of alcohol fluctuated. The nineteen twenties were a time for change both socially and politically. America’s wealth increased significantly and people listened to the same genres of music, and bought the same things. Even with all the changes that
Analysis “Hills Like White Elephants†Free Essays
Ernest Hemingway revolves around a conversation between a girl and an American man. The story Is written In simple sentences and when one reads the story one does not really notice the subtleties present. Hemingway iceberg theory is relevant to this story because though the story seems to be simply about a man and a woman having a causal conversation there are undertones of more serious and pressing issues. We will write a custom essay sample on Analysis: â€Å"Hills Like White Elephants†or any similar topic only for you Order Now It is set at a train station in between Barcelona and Madrid. Hemingway does this on purpose in order to highlight the fact that the relationship between the American and the girl is at crossroads. Throughout the passage there is no explicit sign of conflict however there Is a slight undercurrent of uncertainty and tension. The entire passage Is written in third person, it is objective and just states the facts of the conversation without really giving the reader any background information about the situation or the characters. This is probably been done to maintain a sense of mystery. The title of the passage is also significant s White elephants’ are symbolic of something that is unwanted and as the whole conversation between the American and woman revolves around whether to do an ‘operation’ or not to get rid of something that Is supposedly an unborn baby, making the operation an abortion, this symbol is extremely important. The first paragraph of the passage is dedicated to describing the setting. It starts with a description of the hills as ‘long and white’ and how there was ‘no shade on this side’. It then goes on to describe the other side across the rail tracks as a Warm shadow of the building and beaded curtain to keep the files out’. By describing the two sides the author creates two contrasting Images, one where there Is shade and another where there Is Just the hot sun. It also mentioned that the American and the girl sit In the shade. This can be said to be symbolic of conflict in the story. The shady area is the easier option, which is going ahead with the abortion while the other side, which is hot, and without shade is the harder choice to keep the unborn baby. The setting is also symbolic as they are physically at a Junction point between Barcelona and Madrid however they re also mentally at a Junction as they are not sure what to do with the baby. The first line that the girl utters; What shall we drink’ speaks volumes about her character and relationship with the American she Is with. It Is the start of her uncertainty, helplessness and dependence on the American. This is also conveyed when she says ‘lets drink beer’ and then the American goes on to translate it into Spanish. It shows how dependent she is on the man to survive, not only linguistically in this particular setting but also otherwise. Her Indecision of whether to have a new drink with water r not, also conveys the Indecision she faces deeper Issue of whether or not to have an abortion. Also though she Is pregnant she Is consuming alcohol, which Is bad for her unborn child indicating that finally she might just agree with the American and go for the abortion. Her preoccupied nature ‘looking off at the line of hills’ indicates that something is bothering her though what is not explicitly stated. It should be noted that though she was very eager to drink something when she arrived she is so preoccupied that she does not notice that the drinks have arrived. Also the contrast between the White hills’ and the ‘brown, dry countryside portrays the purity of the girl who are at fault. Also the fact that the girl refers to the White hills’ as White elephants’ shows how unwanted the unborn born child is though the he or she has done nothing wrong. The man who is also the antagonist in the passage is portrayed as the more dominant character and behaves according to Hemingway rigid conception of reality. Hemingway chooses to name the two characters using different categories of pronouns; while he refers to the female protagonist simply as the girl†, the man is referred to as â€Å"the American†– hinting at the modernist trends in society prevalent at the time. He represents the freedom and liberation of relationships that were no longer based on romance but on convenience and a mutually acknowledged need for companionship. Throughout the passage the man seems more self-assured and confident than the girl, who looks to him for guidance in terms of mundane tasks as well as defers to his Judgment upon whether she should undergo the abortion. He also remains disconnected, though the girl and the American seem to be in a relationship there is no tangible evidence of love or real feelings, their relationship comes across as superficial and fake having a disagreement over the slightest thing such as whether he has seen White elephants’ or not. Through out the passage he acts like he understands her situation and tries to persuade her by using phrases such as ‘perfectly natural’ and ‘perfectly simple’ and uses insensitive epiphysis such as letting the air in†that clearly show his insensitivity, lack of understanding and comprehension of the emotional aspects of her situation. Throughout the conversation he tries to coax and convince her to undergo the operation Justifying his stance by reasoning that it would mean a resumption of their carefree travels, never realizing that that is precisely what she is weary of. He is blind to her increasingly apparent desire to settle down; while she considers the birth of her child and the commitment it would entail as a path to be considered (â€Å"Doesn’t it mean anything to you? We could get along. â€Å"), the idea never crosses his mind since he cannot envisage forsaking his unattached lifestyle for any degree of responsibility, least of all to raise a child. Hemingway also uses diction and dialogue in order to enhance the readers understanding of the two main characters in the passage and the story. Throughout the girl uses words such as ‘could’ and ‘l don’t know whereas the man is more confident and sure of himself. He is the girl’s pillar of support as she depends on him completely. However later on in the story she does change as she gains the confidence to question the American and reconsider whether or not she wants to have an abortion Thus to conclude Hemingway has used various literary devices and narrative techniques in order to rotary subtle conflicts in the passage. He has successfully used the setting and the actions of the characters to portray the conflict instead of blatantly stating them, thus making it more effective. He also uses two drastically different characters that have a loveless relationship as opposed to the usual romantic one. Also structure of the passage contributes to the effect that it has on the reader as Hemingway first starts with describing the setting and then going on to the characters themselves thus emphasizing the importance of the setting. E passage there is no explicit sign of conflict however there is a slight undercurrent of uncertainty and tension. The entire passage is written in third person, it is objective and Just states the facts of the conversation without really giving the reader ‘operation’ or not to get rid of something that is supposedly an unborn baby, making a beaded curtain to keep the flies out’. By describing the two sides the author creates two contrasting images, one where there is shade and another where there is Just the hot sun, it also mentioned that the American and the girl sit in the shade. This first line that the girl utters; What shall we drink speaks volumes about her character and relationship with the American she is with. It is the start of her uncertainty, setting but also otherwise. Her indecision of whether to have a new drink with water or not, also conveys the indecision she faces deeper issue of whether or not to have an abortion. Also though she is pregnant she is consuming alcohol, which is bad for her unborn child indicating that finally she might Just agree with the American and unborn child while the brown dry countryside is symbolic of the American and the How to cite Analysis: â€Å"Hills Like White Elephants†, Papers
Mobil Oil Australia Ltd & Well come International Pty Ltd (1998)
Questions: 1.Can an offer in a unilateral contract be revoked if the party has already begun the performance? 2.Whether the terms of the offer certain? Answers: Introducation: Mobil introduced a scheme known as the Circle of Excellence Scheme in order to improve the performance of the franchise. He said that the franchise must achieve 90% improvement in performance for six years to obtain a free nine-year renewal of the franchise. After the expiry of 4 years, Mobil discarded the scheme and the franchises ceased to be judged. The remedies sought included legal action against Mobil were initiated by 154 franchises; prior to the proceedings Wellcome claimed renewal or damages for its 9 year franchise. Wellcome won the prior case before the Federal Court where he claimed that those franchises that had achieved 90% improvement in performance for the past 4 years must be treated in the manner as if they had been achieving 90% in the remaining years. Relevant laws and Principles A valid contract includes certain essential elements that make it enforceable before the court of law (McKendrick 2014). These elements include offer, acceptance, consideration, certainty, legal intention and legal capacity. Any party, who is willing to enter into a contract with another party, shall make an offer to such party. An offer is defined as an expression of readiness to enter into a contract with the legal intention to become bound by the contract as soon as the person to whom such offer was made accepts it. The terms of an offerBusiness Law must be clear and specific; it must avoid any form of ambiguity (Poole 2016). An offer is said to be accepted when the party to whom the offer was made communicates such offer to the party who has made such offer. The party making the offer is called the offeror and the party to whom such offer is and is called the offeree. There are two kinds of contracts bilateral contracts and unilateral contracts. Bilateral contracts are contracts where two parties enter into a reciprocal arrangement and each of the parties promises to perform an act in return for the other partys promise to do an act. In bilateral contracts, both the parties are bound by each others promises. In the event where party commits a breach of either the contractual terms or fails to perform respective part of their obligationn, that party is said to have committed a breach of the contract (Cartwright 2016). The aggrieved party becomes entitled to compensation for the damages suffered by him as a result of such breach. Unilateral contracts are contracts where the offeror makes an offer and the offeree accepts the offer by way of performing his or her part of the contract. However, unlike bilateral contract, in unilateral contracts allows only one party to make a promise. Under unilateral contracts, if the party or the offeree fulfils his or her part of the contract, the offeror is under statutory obligation to fulfill its promise (Willmott et al. 2013). Unilateral contracts require the person who is making the offer to fulfill his promise and the person to whom the offer is made is not under statutory obligation to perform his or her duty. In Business Law, the general rule is an offer becomes revocable at any time before it is accepted and a contract is formed. In case of unilateral contracts, once the required act is performed, acceptance is considered to be made. Under such circumstances, it is implied that communication has been waived as was stated in the Carlill v Carbolic Smoke Ball Co [1892] EWCA Civ 1. As per the rule in unilateral contract, it cannot be revoked once the offeree has begun the required performance. In Australian Woollen Mills Pty Ltd v. The Commonwealth [1954], the high court held that in order to give rise to a unilateral contract, an offerror must make a promise to the offeror, which shall be made in return for the doing of the required act. The offeror shall only be prevented from revoking any offer before the offeree accepts such offer, if there is an estoppels or an implied contract. In case of unilateral contracts, a person shall be prevented from cancelling the contract; however, in case of a breach of a contract, it becomes revocable (Andrews 2015). The estoppels principle safeguards a person against any loss suffered by him because of relying on any representation or promise. In case of unilateral contracts, the principle of estoppels shall be applicable if the revoked offer is detrimental to the offeree (Furmston 2017). In bilateral contracts, lack of consideration makes the contract unenforceable before the court of law. in unilateral contracts there is no consideration as the party relies on a promise, therefore, in case if the party suffers, he can seek remedies under the principle of estoppels. The principle of estoppels is applicable when the relying or the aggrieved party acts, relying on the representation and suffer damages because the conduct of the representor was not in consistent with his representation (Andrews 2016). Arguments of the parties and analysis In the mentioned case, both the parties advanced their contentions before the full court of the Federal Court. Wellcome argued that Mobil induced them to confirm their participation and annual judging by providing them with a brochure, videotape and conducting regional meeting. He also claimed that the conduct of Mobil was completely misleading. In his defense, Mobil argued that their representatives said that they have work to do which implied that they were working on the scheme offered to theme and that it was merely on the developmental stage. He further argued that the offer was totally at the discretion of the franchises and was not forced. Moreover, the scheme was favorable for both parties to the dispute and the scheme did not cause any detriment to the franchises either (Frey 2015). Furthermore, since there was no consideration as it was a unilateral contract and therefore, under these form of contracts, only when the offeree performs his or her part of the obligations, the offeror becomes statutory obligated to fulfill his part of the contract (Bishop 2014). Here, according to the scheme, if improvement were achieved to the extent of 90% for a period of 6 years, they would become entitled to free nine-year renewal of their franchises. Therefore, acceptance in this case would be complete of the franchises achieved 90% improvement at the end of 6 years; hence, Mobil claimed that he was free to revoke the offer. The Federal Court of Australia was of the opinion that in order to safeguard the offeree who have relied upon the promise made by the oferror from being exploited by the offeror, the following factors must be taken into consideration. One must consider the extent of performance by the offeree, that is, justice shall vary between an offeree who has completed one per cent of the required performance and an offerree who has completed 99 percent of the performance. Further, as per the general rule of unilateral contracts, if an offeree has already begun his performance, the offeror cannot revoke the offer. An offeror is barred from revocating the offer if the offeree has relied on the promise or has significantly completed the stipulated performance. The court opined that the the franchisee already started to perform their part of the obligations in order to achieve high standard to enhance the efficiency in the business. The court questioned the suggestion that whether the franchisee have started to perform their part of the obligation as required by the offer in the first year, a month, a week or even a day, it shall deem to imply that they have commenced the performance to achieve 90% within 6 years. The question that arises is does it bind Mobil not to revoke the offer. Court outcome Under unilateral contracts, acceptance is said to be complete, if the offeree fulfills his or her part of the obligation (Frey 2015). In the mentioned case, the revocation made by Mobil regarding the offer was considered by the franchisees to be an incomplete act of acceptance (Frazer and Terry 2015). According to the Trial Judge, once the offeror makes an offer, which requires performance to be an act of acceptance, the offeror cannot revoke the offer if the offeree has started fulfilling his obligation. However, the Full Court did not agree with the decision given by the Trial judge. The full court held that in certain cases, there may be an implied ancillary unilateral contract wherein the offerror promises the offeree that the offer shall not be revoked once the offeree starts commencing the performance required by the offer (Jackson 2015). However, this does not imply that the original offer cannot be revoked and there is no universal proposition as such that an offeror cannot revoke any offer once the offeree commences to perform his part of the obligation, thus completing the act of acceptance. The Full court of the Federal court held that the Mobil did not make an offer to the franchisee and gave its decision against Wellcome stating the grounds of its decision. The court asserted that the representative, Mr. Stumbles, made his point clear that after Mobil proposed the scheme, the franchisee said that they have been working on it, which implied that the scheme was at its development stage. Moreover, the commitment made by the franchisee to find a way was too ambiguous and lacked certainty, which is imperative in order to create a valid contractual obligation. Therefore, there was no offer made by Mobil to the Franchisee. The court further stated that under certain unilateral contracts, a person is prevented from revoking an offer unless there is a breach of contract as revoking a contract that has been breached, gives rise to revocation (O'Sullivan and Hilliard 2016). Where the offeree acted on relying upon the promise of the offeror and the conduct of the offeror causes damage to the offeree, he shall be entitled to compensation for the damages suffered on the ground of estoppels principle. If there is no contract and the principle of estoppels cannot be applied, then the offeror may revoke the offer. Any offer that causes detriment to the offeree he or she may seek remedies on the ground of estoppels principle (Smits 2014). The federal court further held that an offer that is made in return for the performance of an act is revocable at any time like any other offer (Davies 2016). In order to evoke the principle of estoppels it is imperative for the plaintiff to establish that the defendant has encouraged an assumption that the offer shall give rise to an interest or a specific legal relationship (Martin 2016). Further, in the given case, there is a lack of the essential elements of this lawful relationship as a mere commitment to find a way does not establish the fact that the legal relationship has given rise to an assumption. Since, there is no element of assumption; therefore, the principle of estoppels cannot be applicable in this case. Therefore, the decision of court was in favor of Mobil. Conclusion Offer forms one of the essential elements of a valid contract and lack of a valid offer makes a contract unenforceable at law. The terms of the contract must be specific and lawful. An offer is said to be acceptable when the offeree communicates such acceptance to the offeror. However, in case of unilateral contracts, since only the offeror is legally obligated to enforce his or her promise, the acceptance of such offer takes place when the offeree completes or commences to perform his or her part of the obligations (O'Sullivan and Hilliard 2016). As per the general rule, once the offeree commences his part of the performance relying on the promise made by the offeror, the offeror cannot revoke such contract. However, lack of certainty and clarity does not create an offer valid, hence in the absence of a valid offer, the offeror may revoke the offer anytime he or she wants as was held in the Mobil v Wellome case. Further, in case the offer causes damages to the offeree, in the absence of consideration, the offeree may claim reliefs on the principle of estoppels. Nevertheless, in this case, owing to uncertainty and vagueness, the offer made by Mobil is not regarded as a valid offer. Since no valid offer was made, contract cannot formed, therefore Mobil cannot be held liable for committing breach of the contract and Wellcome is not entitled to any compensation. Reference list Andrews, N., 2015.Contract law. Cambridge University Press. Andrews, N., 2016. Sources and General Principles of English Contract Law. InArbitration and Contract Law(pp. 165-175). Springer International Publishing. Bishop, J., 2014. My Click is My Bond: The Role of Contracts, Social Proof.Gamification for Human Factors Integration: Social, Education, and Psychological Issues: Social, Education, and Psychological Issues, p.1. Carlill v Carbolic Smoke Ball Co [1892] EWCA Civ 1. Cartwright, J., 2016.Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing. Davies, P.S., 2016.JC Smith's the Law of Contract. Oxford University Press. Frazer, L. and Terry, A., 2015. Factors affecting franchise agreement terminations: lessons for the franchising sector.Journal of small business strategy,13(1), pp.105-116. Frey, M.A., 2015.Essentials of contract law. Cengage Learning. Furmston, M.P., 2017.Cheshire, Fifoot, and Furmston's Law of Contract. Oxford university press. Jackson, L., 2015, July. Towards an administrative estoppel. InAIAL Forum(No. 81, p. 62). Australian Institute of Administrative Law. Martin, P., 2016. Estoppel: Binding promise without a contract: Court of appeal considers proprietary estoppel.LSJ: Law Society of NSW Journal, (23), p.93. McKendrick, E., 2014.Contract law: text, cases, and materials. Oxford University Press (UK). O'Sullivan, J. and Hilliard, J., 2016.The Business Law of contract. Oxford University Press. O'Sullivan, J. and Hilliard, J., 2016.The law of contract. Oxford University Press. Poole, J., 2016.Textbook on contract law. Oxford University Press. Smits, J.M., 2014.Contract law: a comparative introduction. Edward Elgar Publishing. Willmott, L., Christensen, S., Butler, D. and Dixon, B., 2013. Contract law.
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