Bilateral or unilateral contracts Essay

The Law of Contract can be defined as an agreement containing a promise or promises which can be enforceable by law. Sir John William Salmond a legal scholar defined a contract as â€Å"an agreement creating and defining the obligations between two or more parties†. A contract may be in any two kinds either bilateral or unilateral depending on the whether both or one party makes a promise or promises. Where both parties to the contract make a promise or promises, then the contract is referred to as a bilateral contract. Bilateral is the most common kind of contract in business. Both parties are bound together at an exact time, this is also referred to as mutuality of understanding. The bilateral one is quite normal compared to unilateral and creates a mutual contraction obligation from the start. (Buckley 1996, 10). Bilateral contract can be explained in the case of Thornton v. Shoe Lane Parking. Francis Thornton a professional musician had a one day job at Farringdon Hall in Central London. He was to entertain in the BBC with his trumpet. The plaintiff had chosen to leave his car just close to where he was performing in a newly opened multy-storey car park in Shoe Lane near Fleet Street. He drove up, switched the button and got a ticket. When the barrier opened, he parked his car inside the car park. His appointment lasted for three hours after which he returned. An accident occurred as the defendant was loading some goods in his car. The plaintiff later sued Lane Parking Ltd for damages on his car and for the injuries he sustained. Mr. Thornton was compensated $3,637 for the injuries sustained but non for the car. It was found that he had 50% contributory negligence (Buckley, 2005, 7). The major issue in this case was if any attempts were made by the defendant to exclude liability both to the plaintiff and his car. Altogether the defendant had made some attempts; the ticket processed from the machine, the sign displayed outside the park and a notice inside the park excluded liability to the car. The rule provided that the terms that can be brought to the parties in the contract are those that occurred at the exact time or before the formation of the contract (Collins, 1999, 23). A contract is said to be unilateral when the promise is only from one party. The other party does not make any promise but only does the act in order to achieve the other parties promise. An example of such a case is where Peter promises to pay Tony $70’000 if Tony finds his cat. Tony is not under any obligation to find the cat but Peter is obliged to pay Tony incase Tony finds the cat. An offer of a unilateral contract can be made ‘to the world’ in form of advertisement. In such situations acceptance will be deemed to have occurred on the fulfillment of the condition. An example of a unilateral contract is the insurance contracts. Unilateral contract can be explained in Carlil v. Carbolic Smoke Ball Co. Ltd, the defendant through an advertisement made a promise to pay $100 to any user of Carbolic Smoke who during a usage period of two weeks contracts influenza. Mrs. Louise Carlil was infected after using the defendant’s product. She sued Carbolic Smoke Ball for $100 as promised (Cheesman, 2003, 34). Works Cited Buckley Francis. Just Exchange: a Theory of Contracts. London: Routledge, 2005, pp7 Buckley J. Peter. Firms, Organizations and Contracts: A Reader in Industrial Organization. Oxford: Oxford University Press, 1996, pp10 Cheesman Henry. Contemporary Business and E-commerce Law: Custom Edition for Collins Hugh. Regulating Contracts. Oxford: Oxford University Press, 1999, pp. 23 Students in Arts. New York: Pearson Custom Publishing; 2003, 4th Edition, pp. 34

Bhakti Yoga

There are four goals in the traditional Hinduism. These four goals cover life viewed as good and life seen as bad. Three of these goals appeal to the positive things in life, such as, Dharma or righteousness, Artha or achievement, and Kama or gratification. The fourth goal which is the Moksha or liberation is aimed at the negative things. The three affirmation goals can all be sought at the same time or one at a time, as each may be appropriate at certain periods in one’s life. Hinduism prescribes four paths towards the Divine destiny.These paths may lead to a good life, oneness with the divine, liberation from life, or the fulfillment of any or all of the four goals. The paths are called Yoga. Yoga is a set of disciplines that must be carried out by followers who wished to take these paths. Yoga is like a yoke or a load around the neck or shoulders which is heavy but necessary to reach the destiny or the realization of goals. The different paths or yoga are, Inana or the way towards the ultimate knowledge, Bhakti or the path to loving or devotion to God, Karma or the way to undo the reaction to deeds in life, and the Raja or the royal path to meditation.The Inana, Bhakti and Karma are contained in Bhagavad-Gita while Raja is in Yoga Sutra. Both the Bhagavad-Gita and the Yoga Sutra are spiritual teachings that help explain the divine world. The Bhakti Yoga is the path to the immaculate devotion to and absolute loving of God. In Sanskrit it means the overpowering, generous and joyful love for God. The follower is focused on God by expressions of love and actions of worship. The devotion is strong and faithful like a lover to the beloved, a parent to his child.The Bhakti-Rasamrita-Sindhu of Rupa Gosvami enumerates the nine forms of the path, which are: chant, praise, reflection, service, prayers, preaching, relationship, and surrender. Keeping them all or even one is enough for a devotee to experience the love of God. The objective of this love and devotio n is to get close to God. Depending on their attitudes, Bhakti is taken differently by its followers. For some, it is the initial step leading to Inana. On the contrary, others believe it to be higher than Inana.Others think all of them are equal. Bhagavad Gita is considered the pillar as well as the foundation of Hindu Bhakti theism particularly in Vaishnavism. It has a long list of religious and philosophical affiliations but is partial to Krishna devotees. According to Krishna love, pure intention and utmost devotion is the most powerful driving force in the spiritual life of a devotee. Most Bhakti movements worship only one God, Vishnu or Shiva. They came after the three Vedanta systems were put in place.These Bhakti movements reinvigorated Hinduism because they filled in the emotional and philosophical void of India. The intensity of expression of Bharatanatyam had the most influence in the great changes in Hindu prayers and rituals since the time of Adi Shankaracharya. There h ad been other noted contributions of Bhakti movements in Indian history. Their schools of Philosophy have changed the beliefs of people. Bhakti taught the people to channel their emotions to the direction of God in the process of self-actualization.The Hindus from the orthodox Brahaminical systems denounced the caste system. Bhakti’s call for tolerance and love were not listened to by those deeply-rooted in the caste structure of society. Bhakti was responsible for the mass production of devotional materials in literature, art, music and dance that has enriched the culture not only of India but also of the entire world. This gave spiritual renewal by giving up insignificant rituals and social demarcation, to India References SanatanSociety. org (2008). Bhakti Yoga. Retrieved June 14, 2008 fromhttp://www. sanatansociety. org/yoga_and_meditation/bhakti_yoga. htm ISKCON Educational Services (2004). The Heart of Hinduism. Introduction to the Four Main Parts. Retrived June 14, 200 8 from http://hinduism. iskcon. com/practice/index. htm Hinduism: Living the Religious Life. Retrieved June 14, 2008 from http://uwacadweb. uwyo. edu/Religionet/er/hinduism/HRLIFE. HTM The Yoga Centre Glasgow (2007). Bhakti Yoga. Yogi Nirmalendu. Kundalini Shakti Page. Retrieved June 14, 2008 from http://www. yoginirmalendu. com/Types_Of_Yoga/Bhakti_Yoga/Bhakti_Yoga. html

An Export Strategy for a Bridge Joint Manufacture Essay

An Export Strategy for a Bridge Joint Manufacture - Essay Example Ennis Prismo in terms of rendering services in such various categories related to public needs focuses to enhance on the dimension of safety, reliability, accountability and innovation. Ennis Prismo, an ISO 9001 and ISO 14001 certified company has gained the experience to serve the different service and product categories through the rendering of quality and high standard products. Ennis Prismo operating from its manufacturing plant based in Chorley, United Kingdom focuses on gaining market in different regions pertaining to European and African nations and also to countries relating to Middle East. Thus Ennis Prismo operating both in the traffic and other manufacturing and construction sectors pertaining to roads and bridges has become a highly known brand. Ennis Prismo in addition to marketing its products pertaining to European, African and other Middle East regions is now focusing to gain an effective entry into the American markets for its Bridge Joint products. The paper in thi s regard would tend to focus on the feasibility of the United States market as a growing export region for Bridge Joints manufactured by Ennis Prismo (Ennis Prismo, n.d.). Business and Market Environment Analysis The business and marketing environment for Bridge Joints in United States would be analysed based on two models based on PESTLE Analysis and also based on evaluation of the Industrial Life Cycle for the same in the region. PESTEL Analysis Political Political environment pertaining to the construction of bridges in United States being analysed reflects that the government of the region focuses more on the repairs and development of existing bridge structures rather than focusing on the construction of new bridges. A survey conducted based on the 2009 period states that out of the total expenditure incurred by United States government on infrastructural development only 6.2 percent was dedicated for the construction of new bridges and highways. However of late political empha sis pertaining to bridge construction is found to change with the collaboration of private bodies thereby gradually cultivating a market for the need of Bridge Joints (The American Road & Transportation Builders Association (ARTBA

Case analysis Study Example | Topics and Well Written Essays - 250 words - 5

Analysis - Case Study Example Using data gathered from Association of Convenience Stores, they tried to prove that the decision of a chain store to franchise is associated with the extent to which the stores are dispersed across different types of markets. Findings showed that chain stores are usually established in different environments and markets. This dispersion makes it difficult for the head office to monitor behavior of store personnel and to adapt to the needs of local customers. Evidences have showed dispersion increases delegation and provision of incentives to cope with the problem and that franchising is an easy way to expand into other markets. In contrast, a non-franchised store is operated in a decentralized system and provides more incentive pay. These findings are useful information to those who are thinking of expanding their operations. Take for example McDonalds, a known fast food chain whose franchisees complain of its too much controlling and passing on to them costs amid slow sales. Control is one of the problems in franchising as management does not see behaviors of its personnel. They only have to rely on second hand information. The growing discontent of franchisees apparently is due to strategies of McDonalds to spark sales that are slowing down due to competition. A classic example of problem of dispersion is the risk involved in choosing the correct personnel to manage chain. Ray Kroc, McDonalds owner took a great risk in getting a totally experienced man in managing a restaurant business. As a Biology teacher, Jerry practically knew nothing of the business. But probably, Krocs saw something in him that eventually, he gave three stores to him to manage for free, that of course, turned out to be profitable. These stores were already on the verge of losing. But when Jerry asked for more franchise store, he was already refused.(Miller, Kevin,2013).

Ethnographic Film and Post Colonial Discourse Essay

Ethnographic Film and Post Colonial Discourse - Essay Example Hybridity is given as antidote to essentialism, or "the belief in invariable and fixed properties which define the 'whatness' of a given entity"3. This kind of mutation modifies the established pattern with a 'mutual and mutable' representation of cultural difference that is considered in-between the colonizer and colonized. 4) Arif Dirlik, who developed Said's theory of Orintalism, proposes one more point of view. Dirlik suggested that the Orientals are striving to protect themselves by the shield of Orientalism; however living in the globalized world, they do not break ancestral traditions and rules. Most of ethnographic films represent postcolonial discourse in different meanings, but the 'red line' of such films is approximately the same: problem of an individual who has to acculturate and accept an unfamiliar outlook. More and more cinema festivals are dedicated exactly to ethnographic films, more and more film directors got interested in this topic from the time of inventing motion pictures up to nowadays. In this essay it is necessary to mention such masterpieces as "Act of War - The Overthrow of the Hawaiian Nation", "Nanook of the North", "First contact" and "The River" (Reka). "Act of War -"Act of War - The Overthrow of the Hawaiian Nation" (1993, made by Punipau and Joan Lander). In 1778, when the British traveler Captain James Cook and his crew landed at Hawaii, they were surprised to find hard-working people and a highly developed civilization. At the same time, for the Native Hawaiians, this first contact with Europeans caused a lot of events that completely derived them of their independence and culture. This provocative documentary chronicle included photographs and commentaries and re-produced the period of American annexation of Hawaii in 1898. The struggle of authentic Hawaiians against social, political and cultural invasion was vividly shown in this film. "Nanook of the North" was created by legendary Robert Flaherty in 1921, is possibly one of the best known of the silent era documentaries. Flaherty had undertaken a long voyage to the sub-Arctic eastern coast of Hudson Bay during which he filmed the landscape and filmed Eskimo communities. Flaherty's intention was to make a film collaborating with the local inhabitants. Also he discovered problematic side of the Inuit community as some kind of "eternal", noble race that lives in total isolation and is resistant to westernization. Flaherty perfectly re-created an Eskimo culture: the main character's everyday life including hunting seal, fishing, building igloo was caught by Flaherty's camera. The directors shares his incredible respect to a culture that has learned to not just survive but flourish in such a severe environment. The main theme of film can be formulated as following: "humanity against the nature, but human is the nature". Problem westernization

Historical Context of One Nation under God (1993) Movie and Era for Essay

Historical Context of One Nation under God (1993) Movie and Era for the Gay and Lesbian Rights Movement - Essay Example The proliferation of gay activism and same sex marriage debates that have dominated in media and political discussions in recent years have had a long standing history that dates several decades ago, when the wider society was still intolerant not only to the practice, but also to the idea of homosexuality. Fundamentalist religious groups such as Exodus International and moralists have never relented in their battles to rid society off this widespread social affliction that is homophobic sexual orientations, and have made sincere efforts to condemn the practice as a sin, and to restore individuals back to heterosexuality through curative therapies. This paper examines the themes highlighted in the documentary film One Nation under God of 1993 that was co-directed and co-produced by Teodoro Maniaci and Francine Rzeznik, both within the historical context in which it was created and within the documentary style it represents. The 1993 era provides both a historical context and a politi cal perspective of the gay rights movement back in time, when both the ex-gay movements and the religious right were equally gaining strength1. This period is very significant in the history of the gay rights movement because it marked a great check-in point for the current homosexuality tolerance and recognition of gay rights in the American society. Simply put, this period had a lot to do with the recent developments in the gay rights movement in the current era where some states have already ratified gay marriages; additionally, the federal government has recognized the union for tax reasons and issued a ban on ex-gay therapies that pervaded the ‘90s. One Nation under God (1993) documentary film highlights the pervasive confusion of male effeminacy and female masculinity with homosexuality in the perceptions of the two leading groups that were attempting to restore homosexuals to a more befitting place in society. The debates of the ex-gay movement feature prominently in a large portion of the movie, with interviews of the movement’s leaders such as Young, who was not only a transsexual, but also a homosexual with a history of sexual trauma, and Exodus International’s president. The documentary also features interviews of the main features Michael Bussee and Gary Cooper and their relationship, as well as fundamentalist Christian leaders, and psychiatrists who favored both sides of the debate in addition to, other ex-gays, and former ex-gays who fell on either sides of the debate too. The 1990’s era was pervaded by religious right wing proliferation of curative therapies for homosexuals2; today, this era gives an impressionable perspective of gay relations in the annals of history. The opening of the documentary presents off-the-street perspectives of homosexuality through interviews that reveal harsh oppositions to the practice due to its contravention of religious beliefs and societal morals. Interestingly, even in what would hav e been the most liberal places like New York City, a large proportion of people express bitter resentments towards homosexuality by condemning the practice as a sin and asking homosexuals to repent, thus indicating the high intolerance towards gays that pervaded America society back then. This documentary film was a resounding work at that point in time, due to the significance of its subject matter; the early 1990’s remain to be a significant point in the history of gay rights activism. AIDS had thwarted campaigns for gay rights and the gay political progress thoroughly in the ‘80s, resulting to a military ban on gays; this military ban resulted challenges to the subsequent

Motivation letter Essay Example | Topics and Well Written Essays - 500 words - 2

Motivation letter - Essay Example I believe that a masters’ degree places me in a better position to explore different fields of research and collect data that will be helpful to the future generations. Another reason that influences me to pursue a masters’ degree is my lifelong desire to be a senior member in the corporate sector. I like giving directions and being the boss. In order to be a corporate leader, a masters’ degree is a requirement. Currently, promotion in the workplace is based on professional and academic merit (Telò 10). At the same time, most of the employees have pursued a bachelors’ degree. This gives an added advantage to those with a Masters’ degree since their field of competition is narrower. Holders of a Masters’ degree are also preferred in many organizations because they have acquired experience interacting with people while doing academic research. I have studied international relations in my bachelors’ degree. However, since this was my first time learning the subject, I believe this was just an introduction. I wish to enroll in the Masters’ program in order to increase my knowledge of the subject and make me more competent in the professional sector. I do not find the need of going to school and later end up without a distinguished title. In one of my long-term goals, I hope to gain a distinguished title of a doctor and a professor. I understand that one must have completed a Ph.D. to acquire the doctorate title. Successful completion of the Masters’ degree will qualify me to enroll in the Doctorate program. This will also give me a valuable opportunity to apply for teaching in a university. I hope to join the Masters’ program in order to enhance my practical aspect of international relations. There is not a single time in my life that I got a chance to interact with people of diverse cultural backgrounds than during my stay at the University. Studying a Masters’ degree will give