Tuesday, August 6, 2019
How did government affect agriculture Essay Example for Free
How did government affect agriculture Essay The period of 1865-1900 was classified as an era of Republicans, where laissez-fare governments favored big businesses. Technology was significantly evolving, focusing mainly on urban manufacturing. New technological advancements in farming were sold to the farmers at high prices and shipped at high freight rates. Also, the prices of cash crops dropped during this period, causing many farmers to live in poor conditions. In government, the power of urban industry and big businesses overcame that of the pro-farming politicians. Technology, government policy, and economic conditions effectively declined agriculture politically, industrially, and economically. Impediments such as industrial issues, poor representation in government, and waning agricultural prices that the farmers were forced to face, made agriculture suffer greatly during the late 19th century. During this period, the U.S. was technologically evolving at a rapid rate. New inventions and advancements made life easier for the working class. Railroads, after spreading all over the nation, made any part of the country accessible and expanded the national market. Document B displays that the years 1870-1890, the number of railroads in the nations increased massively. Also, the number of railroads with major land grants grew as well. At first glance, this change seems to have benefited the farmers, but actually did the opposite. It is true that railroads allowed the farmers to expand and have a way to ship their harvest and cattle a lot faster to more markets. However, greedy men like Cornelius Vanderbilt controlled the railroads. Extremely high freight rates made the farmers lose more than they expected. Likewise, the cost of shipping, taxes, low buying prices, overproduction, and cost of equipment, the farmer gained a mere profit. The technological advancements did make farming easier, but often were too expensive for the farmer to afford. In document D, a farmer during a wheat harvest preferred to use a team of about 30 horses instead of the possibly motorized mechanical harvester. New agricultural technology didnt help much or not even as effective as old methods and also was too expensive so farmers chose to stick with the old methods. Technology seemed better when looked at, but not in reality when it was put to use. This is an example that can be characterized by the era named by Mark Twain, The Gilded AgeThe nations government policy at the time was laissez-fare or hands-off government. Theà Republicans were in power during this period and favored industry and the big businesses. Consequently, farmers had a poor representation in government both in-state and nationally. Agri cultural process was made, but still were limited gains. For example, a law was carried through the Illinois legislature and then Supreme Court to limit the freight rates and it was passed (Document C). As you can see, it was a small victory for the farmers and others, but still limited to only Illinois. Furthermore, the ones that contributed to the growth of agriculture were those part of the Populist party. The party consisted of people who favored the rights of the farmers. Several organizations were established to favor the farmers. For example, the Grangers and the Farmers Alliance were organizations that allowed its members that shared common goals to organize and unite. In document G Mary Elizabeth Lease delivers a speech to the people, telling them that the government lied to the people and deceived them. She proves her argument with the crop price reductions and claims of overproduction. Also, the government had problems dealing with the Indians and the settling of agricultural acres for Americans (Document I). A huge controversy during this period was the issue of the gold vs. silver standard. The Populists of course wanted the silver standard, for inflation and to flood the economy. This would help out the farmers and miners out west. William Jennings Bryan claimed that the country depended on farmers and without them the country would fall. Also, that the country should be in favor of the farmers because they provide for the nation and are more important than the cities (Document J). The hand-off policy of the Republicans did not allow for much improvement of the nations economy and even let it suffer as did the farmers. Not only did the farmers suffer, but as well as the whole nation because of presidents such as Grant and Hayes. Economic conditions for the farmers were poor and no one was there to help them. The farmers tried, but could not gain the silver standard they needed to improve their positions and finance themselves. Moreover, the big businesses and pro-wealthy Republicans were in the way of the farmers and holding them back. In document A, one can see that as the farmers produced more and more to make more money, the price of the crop dropped as well, thus, leading to overproduction and loss of money. Even if the farmer wasà successful, he would have to give up his success to the government and railroads with more power in the industry. Nevertheless, on occasion contracts were signed, for example the one in North Carolina shown by Document E where the farmer would sign away half of his net proceeds, leaving him with hardly anything. The farmer was left crippled in a nettlesome cycle. Many times, the cattle and crops were shipped to far away markets such as Chicago, and the transit fare would increase as the distance increase (Document F). This struck hard at the pockets of the farmers. Many farmers were left to starve, out of work, and poor. Additionally, the poor weather such as hail would ruin the crops or the businessmen would take the crops (Document H). Consequently, the economic conditions did not favor the farmer, even though they provided for the nation, they were ruined by the people they help feed. This period part of the Gilded Age, America suffered because of a weak government policy and the big businesses had the real power. Unfortunately, the farmers were struck with the negative side effects that occurred from all this. American agriculture greatly declined, even though at first it seemed to have been benefited, it was industrially, politically, and economically destroyed and left in a tormenting cycle.
Advantages and Disadvantages of Cloud Computing in Business
Advantages and Disadvantages of Cloud Computing in Business INTRODUCTION A proceeding stream of information technology innovations is changing the customary business world. Samples incorporate the rise of distributed computing, the development of a portable computerized business stage dependent upon cell phones and netbook machine and not slightest, the utilization of informal communities by directors to attain business goals. The vast majority of these progressions have happened in the last few years. All the while, some old or customary organizations are, no doubt devastated while new organizations are springing up. Data frameworks are establishment for directing business today. In numerous streamlined, survival and even presence is troublesome without far reaching utilization of data engineering. Organizations use data frameworks to accomplish significant targets like playing point and regular preference. KEY IT TERMS Cloud Computing Definitions ââ¬Å"A computing environment where software and storage are provided as an Internet service and are assessed with a Web Browser.â⬠(Factual Definition) In my own words, cloud computing is defined as a Web-based application that are stored on remote servers and accessed via the cloud of the internet using a standard Web browser. Cloud Computing refers to a modal of computing in which firms and individuals obtain computing resources and software applications over the internet which is also referred to as the cloud. Hundreds of thousands computers are located in cloud data centers where they can be accessed by desktop computers, notebooks, netbooks and other client machines linked to the internet. Companies like EBay, Amazon, Dell and HP work tremendously; versatile distributed computing focuses that give processing force, information stockpiling and rapid Internet associations with firms that need to keep up their IT frameworks remotely. Based on my IT knowledge, organizations using cloud computing generally do not own the infrastructure; they do not have to make huge investments in their own hardware and software. Instead, they purchase their computing services from remote providers and pay only for the amount of computing power they actually use or are billed on a monthly or annual subscription basis. Advantages and Drawbacks The strength of cloud computing imply that association can depend all the more on telework, remote work and conveyed choice making. This same stage methods firms can outsource more work and depend on businesses as opposed to representative to construct esteem. It likewise implies that organizations can team up with suppliers and clients to make new items or make existing items all the more effectively. Besides that, cloud computing platform emerges as a major business area of innovation. A flexible collection of computers on the internet begins to perform tasks traditionally performed on corporate computers. Every advantage has its disadvantages, therefore cloud computing has some drawbacks. Unless users make provisions for storing their data locally, the responsibility of data storage and control is in the hands of the providers. Some companies worry about the security risks related to entrusting their critical data and system to an outside vendor that also works with other companies. Companies expect their systems to be available 24/7 and 365 days and do not want to suffer any loss of business capability if their infrastructure if their IT infrastructure malfunction. For instance, when Amazonââ¬â¢s cloud went down in July 2008, subscribers were unable to use their system for eight hours. Another limitation of cloud computing is the possibility of making users dependent on the cloud computing provider. Latest Cloud Trending Cloud computing has encountered exponential development throughout the last few years. As of December 2013, very nearly 60 percent of current small-to-medium businesses (SMB) utilization cloud administrations, and 72 percent of these organizations virtualize generous bits of their servers. The development is just anticipated that will expand throughout the following few years. Here are simply a couple of the real present patterns in the business today. Hybrid clouds- Hybrid clouds mists offer a framework that consolidates private cloud security with savvy, capable and adaptable open cloud qualities. Platform-as-a-Service (PaaS)- Platform-as-a-service solutions empower business to decrease their IT expenses while expanding requisition advancement through more productive testing and improvement routines. Mobile-Cloud Computing- Growth of Mobile Cloud Computing is the latest trend among smartphones users because itââ¬â¢s cost-effective and less time consuming. Mobile commerce Definition ââ¬Å"The use of mobile, wireless devices to place orders and conducts businessâ⬠(factual definition) In my own words, Mobile Commerce is defined as the use of wireless devices, such as hand phones or handheld digital information appliances, to conduct both business-to-consumer and business-to-business electronic commerce transaction over the internet. Based on my understanding on m-commerce, is the fastest growing type of Business-to-Consumer e-commerce although it represent only a small part of all e-commerce. In 2013, there were an estimated 5 billion hand phones subscribers worldwide with highest users are from China and United States. Portable business provisions have taken off for administrations that one time-basic, that speak to individuals moving or that finish an undertaking more productively than different systems. M-commerce is especially popular in Japan, South Korea and other countries with strong broadband infrastructures. For instance, banking and financial services. Banks and credit cards companies are rolling out services that let customers manage their accounts from their mobile devices. Maybank and Public Bank in Malaysia allows their customers to use their smartphones to check account balances, transfer funds and pay bills that makes the life of consumers easier and better. Uses of M-commerce M-commerce is particularly appropriate for area based requisitions, for example, discovering neighborhood lodgings and restaurants, overseeing nearby activity and climate, and giving customized area based showcasing. Hand phones and handhelds are constantly utilized for portable bill installment, keeping money, securities exchanging, transportation timetable redesigns, and downloads of computerized substance, for example, music, recreations, and feature cuts. M-commerce obliges remote entryways and exceptional computerized installment frameworks that can deal with micropayments. M-commerce used as Entertainment Latest emerging smartphones like Samsung, High Tech Computer (HTC), IPhone and Blackberry are quickly turning portable entertainment platforms. Mobile phones services offer downloadable digital games, music and ringtones. More and more handset models combine the features of a cell phone and a portable music player. Users of broadband services from the major wireless vendors can download on-demand video clips, news clips and weather clips. For instance, Astro-on-the-go, Astro IPTV, and MyHyApp TV offered by Astro; features live TV programs, including Fox Sports and Fox Movies. Besides that, film companies are starting to produce shorts films explicitly designed to play on mobile phones. User-generated content is also appearing in mobile-form. Facebook, MySpace, Twitter, YouTube and other social networking sites have versions for mobile devices. M-Commerce Trending The most compelling motivation for this enormous uptick in portable trade is the sheer number of individuals now furnished with cell phones and tablets. Yet there are some paramount ways retailers are likewise driving and saddling the versatile business blast. Local(Malaysia) ââ¬â ââ¬Å"Durianaâ⬠, a new Malaysian mobile marketplace app, surpasses the 110,000 listing mark on their platform with 80% of those listings coming from their Malaysian platform after only six short weeks in the market (Business Insider). Foreign Country- ââ¬ËEBay India launches initiative to promote mobile commerceââ¬â¢. Famous e-commerce website EBay launches mobile commerce in India in order to increase their revenue. Machine cycle Definition ââ¬Å"The instruction phase followed by the execution phaseâ⬠. In my own words, Machine Cycle usually called fetch-and-execute cycle, fetch-decode-execute cycle, is the fundamental operation cycle of a computer. It is the procedure by which a machine recovers a system direction from its memory, figures out what movements the guideline requires, and completes those activities. This cycle is rehashed persistently by the central processing unit (CPU), from boot up to when the monitor is closed down. Steps of Machine Cycle The steps performed by the computer processor for each one machine dialect direction gained. The machine cycle is a 4 procedure cycle that incorporates reading and interpreting the machine language, executing the code and then storing that code. Therefore, the four steps of machine cycle are as follows:- Fetching the instruction the computer peruses the following project guideline to be executed and any important information into the processor. Decode the instruction- The guideline is decoded and went to the proper processor execution unit. During decoding, the retrieved instruction is translated into a series of computer commands. Execute instruction- The equipment component, now naturally bolstered with a direction and information, does the guideline. Store results- The results that are obtained via information are stored in registers or memory. The time it takes to complete the execution phase (Steps 3 and Steps 4) is called the Execution time or commonly known as E-Time (coated from the text book). Overall Summary of Machine Cycle Each time the CPU executes an instruction, it takes a series of steps. The complete arrangement of steps is known as a machine cycle. A machine cycle could be isolated into two more diminutive cycles. These are instruction cycle and execution cycle. Management Information System (MIS) Definition ââ¬Å"An organized collection of people, procedures, software, databases, and devices that provides routine information to managers and decision makersâ⬠. In my own words, Management Information System (MIS) is defined as the study of information system focusing on their use in business and management. The term management information system (MIS) also indicates a specific class of information systems serving middle management. Middle manager needs systems to help monitoring, controlling, decision-making and administrative activities. Therefore, management information system (MIS) will provide the middle managers with reports on the organizationââ¬â¢s current performance. This information is used to monitor and control the business and predict the future performance of the company and the employees. Besides that, management information system summarize and report on the companyââ¬â¢s basic operation using data supplied by Transaction Process System (TPS). TPS and MIS relation In the system illustrated by this diagram, three TPS supply summarized transaction data to the MIS reporting system at the end of the time period. Managers gain access to the organizational data through the MIS, which provides them with the appropriate reports. In my own words, based on the diagram, the basic transaction data from Transaction Processing System (TPS) are summarized and compressed to the Management Information System (MIS) at the end of the time period. Today the typical Management Information System (MIS) changes transaction level information from stock, preparation and bookkeeping into Management Information System (MIS) documents that are utilized to give middle managers with accurate reports. The information obtained helps middle managers in decision making process. New in Management Information System Management information system is the most exciting topic in business because of the continual change in technology, management use the technology and their impact of business. New business and industrial appear and old ones decline and successful firms are those that learn how to use the new technologies. Besides that, IPhones and BlackBerrys are not just gadgets or entertainment outlets. They represent new emerging computing platforms based on an array of new hardware and software technologies. More and more business registering is moving from Pcs and desktop machines to these mobile devices. Managers are progressively utilizing these gadgets to arrange work, speak with representatives and give data to choice making. We call these developments the emerging mobile platform. All in all, most MIS use simple routines, such as summaries and comparisons as opposed to sophisticated mathematical models or statistical techniques. (Coated from text-book) Near Field Communication (NFC) Definition ââ¬Å"A very short-range wireless connectivity technology designed for cell phones and credit cards. In my own words, Near Field Communication is a short-range high frequency wireless communication technology that empowers the trade of information between gadgets over around a 10 cm separation. Mobile technologies are creating new efficiencies and ways of working throughout the enterprise. In addition to the wireless system, I defined above, wireless frequency identification systems and wireless sensor networks are having a major impact. The most paramount advantage of Near Field Communication is NFC establishes a peer to peer network between 2 or more devices. NFC is an upgrade of the existing ââ¬Å"Proximity Card Standard (RFID)â⬠that joins the interface of a smartcard and an onlooker into a solitary gadget. It permits clients to flawlessly impart content between computerized gadgets, pay bills remotely or even utilize their cellphone as an electronic voyaging ticket on existing contactless foundation officially being used for open transportation. Advantages and disadvantages of NFC Advantages- ââ¬Å"Near Field Communication (NFC)â⬠has a significant advantage over Bluetooth which is the shorter set-up time. As opposed to performing manual arrangements to distinguish Bluetooth gadgets, the association between two NFC gadgets is made without a moments delay under a 1/10 second. Besides that, because of its shorter range, NFC gives a higher level of security than Bluetooth and makes NFC suitable for packed ranges where correlating a signal with its transmitting physical gadget and by amplification, its client may might otherwise prove impossible. Disadvantages- The disadvantage of ââ¬Å"Near Field Communication (NFC) is it is too costly. Because of it, NFC is an unmanageable innovation and smaller organizations may not have any desire to hazard putting resources into NFC on the grounds that it is difficult to measure the extra benefit with NFC. ââ¬Å"It might be costly for businesses to change the way they run their company, for example hiring NFC technicians and additional customer service to handle these tap go transactions (Business Insider). Systems analysis Definition ââ¬Å"The system development phase involving the study of existing and work processes, to identify strengths, weakness and opportunities for improvementâ⬠. In my own words, System Analysis is defined as the analysis of a problem that the organization will try to solve with an information system. Explanation of System Analysis The above diagram illustrates the problem-solving process to system building. Therefore, the four steps we would need to take are defining and understanding the problem, develop alternative solutions, choose the best solution and implement the solution. Before a problem can be solved, it first must be properly defined. Parts of the associations must concur that an issue really exists and that it is not kidding. The issue must be researched with the goal that it could be better caught on. In the information systems world, they have for these activities, therefore concluding the first three problem-solving steps where we identify the problem, gather information, devise the alternative solutions and we make decision about the best solution is what we call System Analysis.
Monday, August 5, 2019
A history of Common Law
A history of Common Law Common Law In order to be influential, the law is to be professed as both certain and predictable, and also flexible and fair.à Specifically, it needs clear rules on the one hand, but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are applied rigidly.à Equity is an essence of principles, doctrines, and rules advanced initially by the Court of Chancery in positive competition with the rules, doctrines and principles of the Common Law Courts.à The obliteration of the old Court of Chancery and the Common Law Courts, has led to the proposition that the distinction between law and equity is now outdated; that the two approaches are now ââ¬Ëfused.ââ¬â¢Ã On the contrary, the better analysis, is that the common law and equity remain distinct but mutually dependent features of law: ââ¬Ëthey are working in different ways towards the same ends, and it is therefore as wrong to assert the independence of one from the other as it is to assert that there is no difference between them.ââ¬â¢ For a long time, the two structures of common law and equity ran uncomfortably side by side.à Until 1615 it was by no means established which one was to prevail in the event of a dispute.à Yet, even after that year the inconsistency between the two systems continued for a very long time.à After the restructuring of the English court system in 1865, it was decided that in the event of a conflict between the common law and equitable principles, equity must prevail.à The Judicature Acts 1873-1975 created one system of courts by amalgamating the common law courts and the courts of equity to form the Supreme Court of Judicature which would administer common law and equity.à Accordingly the court ââ¬Ëis now not a Court of Law or a Court of Equity, it is a Court of Complete Jurisdiction.ââ¬â¢ The area of law recognized as Equity developed in England and Wales in the Middle Ages in situations where the ordinary common law had failed to afford suitable redress.à Many legal actions, for example, originated by the issue of a writ but the slightest inaccuracy on the writ would invalidate the entire action.à Another inadequacy in the ordinary common law involved the fact that the only remedy was damages; that is, compensation, therefore, the court orders did not exist to require people to do something or to desist from some conduct, for example, sell as piece of land according to an agreement made or stop using a particular title.à Dissatisfied litigants frequently preferred to petition the King for him to mediate in a specific case, the courts were, in any case, the Kingââ¬â¢s courts.à These petitionsââ¬â¢ for justice were dealt with by the Kingââ¬â¢s Chancellor who determined each case according to his own discretion.à Over the years, the decisions mad e by Lord Chancellor became known as the rules of equity, derived from the Latin meaning levelling.à These new-found rules came to be applied in a special court, the Chancellorââ¬â¢s Court, which became identified as the Court of Chancery.à Equity began to appear as an apparent set of principles, rather than a personal jurisdiction of the Chancellor, during the Chancellorship of Lord Nottingham in 1673.à By the end of Lord Eldonââ¬â¢s Chancellorship in 1827 equity was recognized as a precise jurisdiction. Nevertheless the development of a parallel but distinct system of dispute resolution was certainly bound to generate a conflict.à An individual wronged by a failure of the common law to remedy a gross injustice would apply to the court of equity.à The Chancellor, if the case accepted it, would approve of a remedy preventing the common law court from imposing its order.à The catharsis transpired in the Earl ofOxfordââ¬â¢s Case, where the court of common law ordered the payment of a debt.à The debt had previously been paid, but the deed giving affect to the requirement had not been cancelled.à The court of equity was prepared to grant an order preventing this and resolving the deed.à The collision was in due course resolved in favour of equity; where there is an inconsistency, equity prevails.à This rule is now preserved in the Supreme Court Act 1981, s 49. The history of equity is regarded by its constant ebb and flow between compatibility and competition with the common law.à More recent developments in equity include, for example, the recognition of restrictive covenants, the expansion of remedies, the development of doctrines such as proprietary estoppel, the enhanced status of contractual licences, and the new model constructive trust.à There is an effort, then again, to validate these new developments, which are all illustrations of judicial inspiration, by precedent.à As Bagnall J said in Cowcher vCowcher: ââ¬Ëthis does not mean that equity is past childbearing; simply that its progeny must be legitimate- by precedent out of principle.à It is well that this should be so; otherwise no lawyer could safely advise on his clientââ¬â¢s title and every quarrel would lead to a law-suit.ââ¬â¢ In all probability the single most significant feature of equity is the trust.à If title to any property is vested in a person as trustee for another, equity not only restrains the trustee from denying his trust and setting himself up as absolute owner, but impresses on the trustee positive duties of good faith towards the other person.à Although one of the original development of equity, the protection granted to equitable owners behind a trust has developed considerably over the last 50 years. Remedies represent some interesting illustrations of the difference between law and equity; a difference which arose as; ââ¬Ëan accident of history,ââ¬â¢ according to Lord Nicholls in A-G v Blake. Ordinarily legal rights and remedies remain separate from equitable ones.à Some similarities do, nevertheless, occur.à For illustration, an injunction, an equitable remedy, can be sought for an anticipatory breach of contract, or to stop a nuisance, both common law claims.à In A-G v Blake, the House of Lords authorized the equitable remedy of account of profits for an assertion for violation of contract where the common law remedy of damages would have been insufficient. The equitable remedy of account of profits is usually accessible where there is a fiduciary relationship but the House of Lords endorsed its request otherwise in exceptional cases where it was the operative way to remedy a wrong.à By distinction, in Seager v Copydex, proceedings were brought for breach of confidence in regard for confidential information exposed by the defendants about a carpet grip.à Such a claim is equitable and normally the equitable remedies of injunction and account are obtainable.à On the other hand, an injunction would have been unsuccessful and he judges awarded damages.à It would appear, consequently that a common law remedy is available for an equitable claim for breach of confidence. The new model constructive trust resulted in the main due to the resourceful activity of Lord Denning MR.à In Hussey v Palmer, Lord Denning explained the constructive trust as one ââ¬Ëimposed by the law wherever justice and good conscience require it.ââ¬â¢Ã Cases such as Eves v Eves, where the woman was awarded an equitable interest in the property signifying her involvement in terms of heavy work, and Cooke v Head, a comparable case, regard this progress further.à On the other hand, it might be that this progression has come to a standstill since the retirement of Lord Denning.à A number of modern cases, including Lloyds Bank v Rosset, have re-established former ideology in this sphere relating to the survival of a common intention that an equitable interest should occur, and the existence of a direct financial contribution.à These ethics are more analogous to those relating to the formation of a resulting trust.The new model constructive trust has been for the most part thriving in the field of licences.à At common law, a contractual licence was controlled by the doctrine of privity of contract, and failed to present protection against a third party.à Equitable remedies have been made accessible to avoid a licensor violating a contractual licence and to permit a licence to bind third parties. It has been acknowledged that certain licences may produce an equitable proprietary interest by means of a constructive trust or proprietary estoppel.à In Binions v Evans, it was decided by Lord Denning that purchasers were compelled by a contractual licence between the former owners and Mrs Evans, an occupant. A constructive trust was imposed in her preference as the purchasers had bought specifically subject to Mrs Evansââ¬â¢ interest and had, for those grounds, paid a reduced price.à Also in RE Sharpe, a constructive trust was imposed on a trustee in bankruptcy regarding an interest obtained by an aunt who lent money to her nephew for a house purchase on the arrangement that she could live there for the rest of her life.The volatility of these progressing fields is once more shown in recent case law which seems to hold back from an advancement which may have pushed the boundaries too far.à Obiter dicta from the Court of Appeal in Ashburn Anstalt v W JArnold Co, accept ed in Habermann v Koehler, propose that a licence will only give effect to a constructive trust where the conscience of a third party is influenced:à it will be imposed where their behaviour so deserves.à Judicial resourcefulness in equitable disciplines is therefore made subject to refinements by judges in later cases. Proprietary estoppel is an additional illustration of an equitable doctrine which has seen momentous progression in the interest in justice ever since its formation in the leading case of Dillwyn v Llewelyn.à The dogma is established on encouragement and acquiescence whereby equity was equipped to arbitrate and adjust the rights of the parties.à Its relevance has been further improved by the Court of Appeal in Gillet vHolt, where a wider line of attack to the doctrine was taken that depended, eventually, on the unconscionability of the act.à Once more, it is an advancement which is outside of the organization of property rights and their registration recognized by Parliament. Cases such as Jennings v Rice show that the principle of proprietary estoppel and the protection of licences by estoppel continue to be a successful means used by the judges for the protection of licences and equitable rights.à The extent to which the right welcomes protection is adaptable owing to the conditions of the particular case.à For example, in Matharu v Matharu, the licence did not bestow a beneficial interest but presented to the respondent a right to live in the house for the rest of her life. A different prevailing progression in equity has resulted from the decision of the House of Lords in Barclays Bank plc v Oââ¬â¢Brien.à The case has proclaimed the re-emergence in a broad sense of the equitable doctrine of notice.à They present that, where there is undue influence over a co-mortgagor or surety, this may provide augmentation to a right to prevent the transaction.à This right to avoid the transaction amounts to an equity of which the mortgagee may be considered to have constructive notice.à This revivification of the equitable doctrine of notice in a contemporary situation reveals evidently the flexibility of equity.à A number of cases pursued this pronouncement.à In Royal Bank of Scotland v Etridge, the House of Lords laid down common procedures for the application of the doctrine of notice in this situation. In summary equity fulfils the common law, although it does not endeavour to displace it with a moral code.à There have been setbacks and refinements, over the last 50 years, in the progress of new doctrines relating to the trust, above all when later judges seek to rationalise and consolidate new ideology.à Nonetheless it is apparent that equity remains its traditions, and prevails over the common law in the event of conflict.
Sunday, August 4, 2019
Metamorphosis of the Family in Franz Kafkas The Metamorphosis Essay
The Metamorphosis of the Family Before the caterpillar can transform into a butterfly, it must go through a metamorphosis. The cocoon in which the caterpillar hibernates is in fact just a conveyance towards another life form. Gregor, in Franz Kafka's novella The Metamorphosis, is similarly a vehicle for such an important transformation, in this case the reformation of his family. The metamorphosis of Gregor facilitates the gradual change of his entire family, demonstrating that an outside source is sometimes needed in order to push people out of stagnation and into life. Before the family members begin to make their transformations, they rely heavily on Gregor. The dutiful son sets out to provide for his family after the failure of his father's business. He secures a decent job and the family gladly accepts this new way of life, with a steady income and means of support. Over time, "they had simply got used to it, both the family and Gregor; the money was gratefully accepted and gladly given, but there was no special uprush of warm feeling" (95). Each member of the family becomes accustomed to an easy life in which needs and wants are provided for. This routine causes the individuals in the family to stagnate and live unproductively. The family begins to follow a path of existentialism because of what their lives have become. Existentialism entails taking responsibility for one's own actions and finding meaning in life. Through the course of the novel, the family proceeds from a state of senselessness to a gradual form of existentialism. In the beginning, the lives of the family members mean nothing and have no purpose. They are not individuals, but rather mindless drones who take advantage of a convenient situation... ...ther, and daughter emerging arm in arm" (11). Gregor's death is a necessary sacrifice, for it is through his loss of humanity that his family is able to find humanity of their own. He forces them to understand their environment and their role in society, creating meaning in their lives. The transformation of Gregor is a catalyst for the gradual metamorphosis of each member of his family, illustrating the importance of discovering purpose in one's life. In order to truly experience life, people must find meaning in it. However, sometimes it is only through the changes of another, in this case Gregor, that people themselves begin to transform. The sacrifice of Gregor allows his family to leave its protective cove and journey out into the world, discovering what life has to offer. Works Cited: Kafka, Franz. The Metamorphosis. Mattituck: Vanguard Press, 1946.
Saturday, August 3, 2019
Conrads Heart of Darkness - Marlow and the Wilderness :: Heart Darkness essays
Marlow and the Wilderness in Heart of Darkness Marlow has always been mystified and curious about the parts of the world that have been relatively unexplored by the white race. Ever since he was a little kid he used to look at many maps and wonder just what laid in the big holes that were unmapped. Eventually one of these holes was filled up with the continent of Africa, but he was still fascinated especially by this filled in hole. When he found out that he could maybe get a job with a company that explored the Congo area in Africa he sought after it and got it. After all, it was as a steamship captain on the mighty Congo river. This was "a mighty big river...resembling an immense snake uncoiled, with its head in the sea, its body at rest curving afar over a vast country, and its tail in the depths of the land" (p. 2196). This snake like river was full of mystery to the adult Marlow and seemed to call him to it. The wildness that the African wilderness seems to promote is foreshadowed right away to Marlow before his journey gets going. He finds out that the captain he is replacing was killed over a trading disagreement between him and a chief. It turns out that the caption thought he got a raw deal and then proceeded to hit the chief on the head with a stick, whereupon the chiefs son then stuck him with a spear and killed him. This promoting of wildness comes out in the fact that this captain "was the gentlest, quietest creature ever walked on two legs...but he had been a couple of years already out there" (p. 2196-2197). Marlow then proceeds to head for the Congo, and when he finally reaches the company's lower station he begins to see how the white man has come to try and civilize and control the wildness of Africa and its inhabitants. The blacks were being used as slaves at the station to build railroads. The scene left Marlow feeling that the blacks "were not enemies, they were not criminals, they were nothing earthly now,--nothing but black shadows of disease and starvation" (p. 2202). Marlow sees how the asserted superiority of the white man has led to the devastation of the black natives in both spirit and body.
Friday, August 2, 2019
Japanese Yen :: Essays Papers
Japanese Yen The Japanese Yen When Richard Nixon suspended the convertibility of US dollars to gold in 1972, the fixed rate between the dollar and the yen was exchanged for a floating rate. The international value of the yen rose sharply and is today one of the most attractive currencies on the market as it directs the world's second largest economy. The yen is controlled by a central bank known as the Bank of Japan or BOJ. This central bank is under the supervision of the Minister of Finance. Over the past decade, the yen has fluctuated greatly. From early 1990 through mid 1995, the yen doubled in value from 160/$ down to 80/$. From 1995-1998, the yen lost value and was back up in the 140's/$. The trend in the past year has been a steady increase in value for the yen. Over the past six months, the yen has fluctuated. From April through mid-July, the yen floated between 124/$ and 118/$. Since then it has increased in value falling to the area of 105/$. On Friday September 24, the closing rate on the yen was 104.24/$. Over this next week, the yen rose to a close of 105.0000/$. This means that the yen lost a little value in comparison to the dollar. This slight fall is not representative of what is going on with the yen however. Over the past few months, investors have put money into Japanese stocks. The government is putting pressure on the BOJ to increase the yen supply in order to stave off inflation and curb long-term interest rates. This pressure came after a G-7 meeting in which the members suggested that Japan do something to weaken the yen. Prices and wages are falling and output is below Japanese productive potential. Despite these factors, the BOJ is hesitant about responding because it is concerned that expanding the yen supply will cause inflation. Last week, Japanese companies were becoming more optimistic about economic growth. The BOJ didn't take in cash from money markets on Sept. 30, leaving in twice the normal sur plus, so traders felt that the BOJ would follow the idea of expanding the yen supply. The BOJ is conducting a survey on Monday Oct. 4 to see how optimistic business sentiment is as the economy tries to rebound. The yen could rise this next week to its highest level since that 1995 value of 80/$.
Thursday, August 1, 2019
English speech Essay
Morning/Afternoon, fellow students. As all of you have had the unfortunate task to study belonging as part of the hsc, and many of you are sitting here zoning my speech out but belonging to people and place is one of the main reasons why we want to belong. In Orson Scott Cardââ¬â¢s novel Enders Game it is a major struggle for young Ender Wiggin and he feels like he will never belong. Belonging is not welcomed but is still portrayed deeply in Sean Pennââ¬â¢s film Into the Wild with Chris McCandless never fully understanding the concept of belonging. These texts demonstrate belonging both differently and similarly to Steven Herrickââ¬â¢s free-verse novel The Simple Gift. The human kind has always looked for people to belong to as it is one the most basic instincts for us humans to look for. Sean Penn had the challenge to demonstrate the life of Chris McCandless. At the age 22 from an affluent background Chris felt like he did not belong in the life he was living and unlike most people his age he got and left his life behind him and ââ¬Å"riskedâ⬠¦ a relentlessly lonely pathâ⬠. Penn uses narration to explain how Chris had the ability to belong to a father like man (Ron) but instead Chris continued to walk down the lonely path. Through the flashbacks in scenes on Chrisââ¬â¢s life with Rainey and Jan Burres, who practically begged Chris to stay with them and have the chance to belong but still he didnââ¬â¢t take that chance. Sean Penn is able to illustrate that Chrisââ¬â¢s understanding of belonging was obscure. But still Chris couldnââ¬â¢t find the ability to belong to other people and took his whole lifetime to understand that ââ¬Å"Happiness is only real when shared.â⬠In The Simple Gift Billy a similar person to Chris but unlike Chris, Billy had the ability to belong to people and was able to settle down because of his sense of belonging. Orson Scott Cardââ¬â¢s protagonist Andrew Wiggin also known as ââ¬ËEnderââ¬â¢ was born into a post-modern society and he is referred to as genetically perfect and intellectually smarter and the age of 8 he was asked to leave home and go to train to become the best military leader. The men in charge have one job and it ââ¬Å"is to produce the best soldiers in the Worldâ⬠. Through the uses of irony of creating a child soldier Mazor Rackham (man in charge) assumed that thereà would no consequences to Enderââ¬â¢s life, from creating a child military leader, thus this caused Ender to never belong to anyone. Graff (the man who trained Ender) ââ¬Å"wanted to help Enderâ⬠but would rather create a better soldier. Through the contradiction of Graff wanting to help Ender but Graff being determined to create a better soldier, which forced Ender into isolation and had no one to belong too. Orson Scott Card is able to portray the effects of lack of belonging on Ender and show how it affects people. Alike to the Simple Gift and Into the Wild both protagonists never felt belonging with their parents. Even both characters may not have faced such a harsh lack of belonging compared to Ender but both Billy and Chris still new the toll it can take on someone. Most people want to belong to a place which causes people to search for belonging and the ability to call a place home. Orson Scott Cardââ¬â¢s novel Enderââ¬â¢s Game tryââ¬â¢s to demonstrate, how Ender struggled to belong to places but believed that Battle School was ââ¬Å"the only place in the universe where he belonged.â⬠Card uses hyperbole to help the audience understand that the child Ender had made an attachment and belonged to place and thought it as home. When Ender got forced to move on from the only place Ender liked ââ¬Å"He hated it. He wanted to go back home, back to the Battle School.â⬠Through short sentencing Card is able to illustrate that when ender arrives back to his original home he did not belong. The audience is able to understand the desperation for young Ender to get back to his home and belong. Similar to Enderââ¬â¢s Game, The Simple Gift Billy did not now what to do when he knew that he might have to leave his newly founded home. In Sean Pennââ¬â¢s film Into the Wild belonging is not part of Chrisââ¬â¢s vocabulary. Chris as a young man had lived in more places than most people can imagine. Chrisââ¬â¢s lack of belonging to these places causes him to keep moving from place to place even though he had the chance to belong. Through compressed time of the film shows Chris constantly moving around and demonstrate to the audience that Chris does not understand belonging and missed the happiness he was looking for. At the end of Chrisââ¬â¢s life he is able to determine what the true meaning of happiness is and that he had the chance to belong. Through the close up of Chrisââ¬â¢s last breath facial expressions shows sadness that Chris had places to belong too but in his dyeing breath he knew that he had missed his chance . Throughà this the audience is able to understand that Chris knew that he had the chance to belong to many places. Even though both Enderââ¬â¢s Game and The Simple Gift had places to belong both Ender at his house and Billy at Nowheres Vile, knew how it felt not to belong to a place. Fitting into a place or being able to belong to a group of people is a significant part of the normal personââ¬â¢s life. Sean Penn was able to direct Into the Wild and is able to portray Chris and his very different understanding of belonging. Orson Scott Cardââ¬â¢s novel Enderââ¬â¢s Game was able to illustrate the effects of what little belonging can do people. Through these texts and The Simple Gift all three composers were able to demonstrate similar and differently the effects of belonging to people and place.
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