Help with college essay
George Orwell Essay On Writing
Thursday, September 3, 2020
Digital Art
Computerized craftsmanship is a general term for a scope of aesthetic works and practices that utilization advanced innovation as a basic piece of the imaginative as well as introduction process. Since the 1970s, different names have been utilized to portray the procedure including PC workmanship and sight and sound craftsmanship, and advanced workmanship is itself put under the bigger umbrella term new media craftsmanship. The effect of computerized innovation has changed exercises, for example, painting, drawing and figure, while new structures, for example, net workmanship, advanced establishment craftsmanship, and augmented reality, have become perceived creative practices. All the more by and large the term computerized craftsman is utilized to portray a craftsman who utilizes advanced advances in the creation of workmanship. In an extended sense, ââ¬Å"digital artâ⬠is a term applied to contemporary craftsmanship that utilizes the techniques for large scale manufacturing or computerized media There are two primary ideal models in PC produced symbolism. The most straightforward is 2D PC designs which reflect how you may draw utilizing a pencil and a bit of paper. For this situation, be that as it may, the picture is on the PC screen and the instrument you draw with may be a tablet pointer or a mouse. What is created on your screen may give off an impression of being drawn with a pencil, pen or paintbrush. The subsequent kind is 3D PC illustrations, where the screen turns into a window into a virtual situation, where you mastermind items to be ââ¬Å"photographedâ⬠by the PC. Ordinarily a 2D PC illustrations use raster designs as their essential methods for source information portrayals, while 3D PC illustrations use vector designs in the making of vivid computer generated simulation establishments. A potential third worldview is to create workmanship in 2D or 3D altogether through the execution of calculations coded into PC programs and could be viewed as the local artistic expression of the PC. That is, it can't be created without the PC. Fractal workmanship, Data moshing, algorithmic craftsmanship and Dynamic Painting are models.
Saturday, August 22, 2020
Cultural Differences and People Management Essay - 1
Social Differences and People Management - Essay Example As the paper focuses on the ebb and flow circumstance is demonstrating an adjustment in the attitude and work space including ladies; from an overview directed by the ORC around the world, starting at 2008, the proportion of men to ladies doled out to work abroad was 83.5: 16.5, the number being very low for ladies, however a development of 2.5 % from the past study led in 2002. Some would think of it as amusing to move into another spot, however the truth occurs to them once they are there. Universal versatility and repatriation requires a great deal of assets, going from time for intending to budgetary help, to encourage smooth travel into the new condition. Aside from work purposes for versatility, the other huge gathering who feel the weight of universal portability are the huge number of worldwide students from abroad. The jar for any of these gatherings reaches out from issues of authoritative administration managing the nations of goal, and exile support in the moving out and settling in new conditions, to social stun and modification. It has never been simple, however it requires the outsider (representative or understudy) to be adaptable enough to adapt to the new life. Contingent upon the association one is included, there could be welcome exercises that back off the pressure and acclimate new pilgrims in a spot. This examination pronounces that understudies concentrating abroad have encountered this projects dependent on the diverse universal international student gatherings and the conceding foundations. Be that as it may, regardless of whether these individuals have moved in incidentally or for all time, the multifaceted involvement with the new condition, lifestyle, and progress in the various societies, results to genuine impacts and suggestions. Social Shock happens in various manners among individuals who experience new circumstances, or any incident that was not expected in a blend in with various societies. In light of the significant individ ual involvement with nature, it could reoccur contrastingly following settling or later in the alteration time frame, as individuals would be compelled to react to the adjustments in circumstances. Because of its method of rise, a few people contend it as one occasion occurring, however the larger part see it as a procedure. As indicated by Furnham, culture stun portray undesirable impacts as astonishments or stun experienced in the wake of visiting or living in various societies, in light of the fact that the event were unforeseen and could prompt negative assessment of the differing (own and new) societies. The stun is experienced by those in portability, regardless of whether universally or inside the district or society, (for example, association rebuilding and populace social changes), profoundly talented or less gifted, yet confronting new situations of social setting. Nonetheless, there are minor circumstances that make one less influenced or maybe not experience the social s tun; this relies upon the past encounters in different societies, the variety of oneââ¬â¢s culture and the recently accessible, oneââ¬â¢s readiness (mentally and creatively) previously or potentially subsequent to experiencing new culture, which all impact the level of the way of life stun and people responses.
Friday, August 21, 2020
Horatio in Shakespeares Hamlet Essay -- Custom Essays Hamlet
Horatio in Hamlet à à â In Shakespeareââ¬â¢s catastrophe Hamlet, the dearest companion of the legend is an individual understudy from Wittenberg (Granville-Barker 93), a shrewd and understanding youngster by the name of Horatio. This exposition tries to painstakingly introduce his character. à Marchette Chute in ââ¬Å"The Story Told in Hamletâ⬠depicts Horatioââ¬â¢s part in the initial scene of the play: à The story opens vulnerable and dull of a winter night in Denmark, while the gatekeeper is being changed on the parapets of the illustrious mansion of Elsinore. For two evenings in progression, similarly as the ringer strikes the hour of one, an apparition has showed up on the escarpments, a figure wearing total protective layer and with a face like that of the dead ruler of Denmark, Hamletââ¬â¢s father. A youngster named Horatio, who is a school companion of Hamlet, has been recounted the spirit and can barely handle it, and one of the officials has brought him there in the night with the goal that he can see it for himself. The hour comes, and the phantom strolls. (35) à Horatio, alarmed, pointlessly goes up against the apparition: à What craftsmanship thou that usurp'st this season of night, à â â â Together with that reasonable and warlike structure à â â â In which the greatness of covered Denmark à â â â Did here and there walk? by paradise I charge thee, talk! (1.1) à Maynard Mack in ââ¬Å"The World of Hamletâ⬠keeps up that Horatioââ¬â¢s words to the soul ââ¬Å"are along these lines seen to have reached past their specific circumstances. . . (244). So Horatio and Marcellus leave the defenses of Elsinore expecting to enroll the guide of Hamlet, who is home from school. Hamlet is sad by the ââ¬Å"oââ¬â¢erhasty marriageâ⬠of his mom to his uncle under two months after the burial service of Hamletââ¬â¢s father (Gordon 128). Before long Horatio and Ma... ... Straight to the point Cass and Co., Ltd., 1964. p.14-16. http://www.freehomepages.com/village/other/essayson.htm#demag-ess N. pag. à Pitt, Angela. ââ¬Å"Women in Shakespeareââ¬â¢s Tragedies.â⬠Readings on The Tragedies. Ed. Clarice Swisher. San Diego: Greenhaven Press, 1996. Rpt. from Shakespeareââ¬â¢s Women. N.p.: n.p., 1981. à Shakespeare, William. The Tragedy of Hamlet, Prince of Denmark. Massachusetts Institute of Technology. 1995. http://www.chemicool.com/Shakespeare/village/full.html à West, Rebecca. ââ¬Å"A Court and World Infected by the Disease of Corruption.â⬠Readings on Hamlet. Ed. Wear Nardo. San Diego: Greenhaven Press, 1999. Rpt. from The Court and the Castle. New Haven, CT: Yale University Press, 1957. à Wilkie, Brian and James Hurt. ââ¬Å"Shakespeare.â⬠Literature of the Western World. Ed. Brian Wilkie and James Hurt. New York: Macmillan Publishing Co., 1992. Ã
Sunday, June 21, 2020
The Art of Yoga - Free Essay Example
Many people have stressful lives and relaxing might mean coming home and sitting on a couch in front of the television eating pizza or falling asleep. Some people go from work to a gym, or a studio to relax. These people achieve their relaxation through the art of meditation, breathing, stretching, and helping them find inner peace. With yoga, people can fight stress and live their life in peace and harmony on a daily basis. So on Sunday April 8th, 2018, I attended a hot yoga class at 7:00 pm at the Dragonfly Studio. I walked into the small building that is connected to Buffalo Wild Wings, and a liquor store. When I walked into the yoga studio, I was greeted by a young lady working at the desk. She had this big smile and then another young lady came out and greeted me with a warm hello and a big smile. The first lady who greeted me asked me if this was my first time taking a hot yoga class. I replied with a no and asked if it was obvious as I was standing in front of her with no yoga mat or any towels. Other women have walked into the studio for the hot yoga class and had their own yoga mat and towels with them. The receptionist then handed me a form to fill out for reliability as she stated and it was an agreement to respect others in the class. I was then handed a yoga mat that they had in the back. Hot yoga is a form of yoga that is performed in a climate controlled room with heat and humidity that ma kes the entire room feel like its in a tropical environment. When I walked into the room, I was immediately hit with warmer temperature from the class before. I went ahead and placed the yoga mat in an area I found to work for me. The instructor who taught the class was a lovely, energetic woman name Brookyln. The class started some deep breathing poses and followed by I believe it was seven different standing poses, I might have miscounted but I know there were so many of them that were similar to one another. Before we went ahead to the floor pose, we ended the standing pose with what the instructor called was a corpse pose. We stayed in that position for about 4 minutes, maybe longer. The corpse pose was where we laid on our mat as if we were a corpse of just sleeping and with our eyes closed, we focused on our breathing and our self. The class consisted of standing poses, floor poses, breathing exercises (2 different breathing techniques), and one relaxation pose. The class was 90 minutes in an intense temperature such as 105 degrees Fahre nheit. In this yoga class, it was different because there were mirrors all around the room. The instructor throughout the class, constantly told us to focus on our self and to keep our eyes open. We were to keep our selves focused in front of the mirror to help promote our presence and to be mindful. Another thing I noticed about this class that made it different from other yoga classes was that the lights were not turned off or dimmed. The lights remained on and there wasnt any music playing during this 90 minutes session of hot yoga. After class, I immediately asked about the lights and the music, and was told that the lights remain on and the absence of music helps enhance the mindfulness of the movements done by our body and it helps our mind and body connect. Practicing yoga has been proven to improve health physically and mentally. The heat in hot yoga is been said to help relax the muscle and induce sleepiness. So technically, hot yoga helps to improve sleep. In 2014 there was a study done with a result of 94% of the participants who did Bikram (hot yoga) reported that their sleep habits had improved after a year of engaging in Bikram. In another article done by Harvard Medical School, it was stated that 20% more likely to have a positive image of their own physical and mental health, including a stronger sense of mental clarity, physical fitness, flexibility, and strength (Wei, 2016). Hot yoga has also been known to help participants lose weight. Participants have experienced induced lower body fat and an improved physique. Due to the hot temperature in hot yoga, the temperature helps to elevate the bodys heat/temperature and boost the bodys energy consumption. This will then cause the body to use more of its energy, causing a result of weight loss. Bikram (hot yoga) focuses on the mind and the body of an ind ividuals development regarding to oneself. Today, it seems that everyone is embracing yoga and what it can provide the participants in the end. Women in the United States are participating more in yoga practices than men are. Yoga has targeted the younger adults between that are still in college or adults between the ages of 18-30. Yoga also targets adults between the age of 35-54 and over 55. It is a mix of age groups but it is said that 71% of those who regularly attend yoga classes have at least one college degree (21 Staggering Yoga Demographics, Brandon, 2015). These yoga participants seem to have an annual household income to participant in yoga. Yoga is not cheap, so whether you are paying for class by class or a yearly membership, yoga is quite expensive. So yoga targets participants who make a good amount of annual household income. Yoga as of today, still is dominated by female. There isnt a lot of male participants in yoga practices. I believe that due to the advertisemen ts of yoga all over America, more females are attracted to this sort of practice. Yoga uses thin, white, and elegant women to sell their practice as well as their products. This type of advertisement creates an ideal image of a woman in the wellness-obsessed culture. It is quite difficult because Yoga teachers today still struggle to balance the practice for both males and females. Since most of the classes are filled with females mostly, females are practicing and their bodies have adapted to the movements. When a male joins the class, the amount of flexibility that a woman in the class can do is not the same as the amount of flexibility a male body can take or do safely without modifications. Our physical features and our bodies are different from one another. Certain movements are not going to be performed with the same amount of power or flexibility on a male body versus a female body. This can cause males to stay away from yoga because they may think that their bodies cannot or is not made for this type of practice. In conclusion, Bikram (hot) yoga is considered to be a safe healthy practice for participants who practice yoga to improve their health and reduce stress. It is a way an individual can create harmony within themselves. It is another way to physically and mentally connect your body and mind by engaging movements to understand oneself in a way that you have never done before. It is about building a relationship with our self and our inner beauty. Everyone wants to be happy and to find happiness in our self. Everyone should find a lifestyle that creates an environment in our mind that leads us towards a path of happiness and self-developing. Yoga is an experience of turning self-awareness to something beautiful and can create a new self. It is a process of transforming yourself externally and internally. Yoga is an art of improving the quality of your mind by improving your relationship with your mind and body.
Monday, May 18, 2020
Ernest Hemingways Hills Like White Elephants Essay
WC: 754 Title: Sacred Moments Close interpretation of the story quot;Hills Like White Elephantsquot; by Ernest Hemingway leads the reader to an issue that has plagued society for decades. Understanding of the human condition is unveiled in the story line, the main setting, and through the character representation. The main characters in the story are an American man and a female named Jig. The conflict about abortions is an issue that still faces society today. Architectural and atmospheric symbolisms are used to set the mood and outline the human condition. The love bond between the man and Jig is strong; however, the more powerful bond between Jig and her unborn child is sacred. Many years ago our society was filled with moral andâ⬠¦show more contentâ⬠¦The station, a common ground or meeting place, is representative of the relationship between the American and Jig. The tracks leading in and out of the station describe the emotional pathways each of them takes. The American is almost exactly opposite to Jig, free spirited and not wanting a change. Jig is love struck and torn. She has to decide between her love for the American man and her love of her unborn child. The American is set on convincing Jig that there is no harm in what she is considering. He tries to calm Jig by telling her quot;Weââ¬â¢ll be fine afterwards, just like we were beforequot;(24). Jig is not convinced. She is not as confident or as willing as the American to rush off into such a carefree decision. The luggage, covered with hotel labels, plays a significant part in understanding how Jig feels in regard to the decision that she had to make. She was obviously torn between remai ning reckless and carefree and making a family with the man she loved. Jig reacts almost visibly in their conversation. Building a social wall is the means to an end for Jig in the fight to make her decision. She is willing to do almost anything for the American but is blocked by her motherly instinct to protect her child. The American tells Jig quot;We can have everythingquot;(24), quot;Itââ¬â¢s oursquot;(24), but she knows better. quot;No, it isnââ¬â¢t. And once they take itShow MoreRelatedAbortion In Ernest Hemingways Hills Like White Elephants1237 Words à |à 5 Pages The short story ââ¬Å"Hills Like White Elephants,â⬠by Ernest Hemingway, talk about a young couple and their relationship issue about abortion. Even though, the story happened in a short period of time, but it tells more than just a story. The woman named Jig, where the man only called as ââ¬Å" a manâ⬠or ââ¬Å" The American.â⬠Although the relationship between them is complicated, but it is clearly that they are not married. However, they continued their relationship which came to result that Jig became pregnantRead MoreAbortion In Ernest Hemingways Hills Like White Elephants1664 Words à |à 7 PagesOn its surface level, Ernest Hemingwayââ¬â¢s short story, Hills Like White Elephants, appears to be a seemingly simple tale of an American man and a girl waiting at a train station in Spain while having a civil conversation about an unmentioned operation over a few drinks; however, after readers look past the nondescript writing style of Hemingway, it becomes evid ent that the conversation is actually revolving around a topic much more serious. The ââ¬Å"simpleâ⬠operation the man is trying to convince theRead More Ernest Hemingways Hills Like White Elephants Essay1065 Words à |à 5 PagesErnest Hemingways Hills Like White Elephants Ernest Hemingways short story Hills Like White Elephants relies on symbolism to carry the theme of either choosing to live selfishly and dealing with the results, or choosing a more difficult and selfless path and reveling in the rewards. The symbolic materials and the symbolic characters aid the readers understanding of the subtle theme of this story. The hills symbolize two different decisions that the pregnant girl in our story is facedRead MoreAnalysis Of Ernest Hemingways Hills Like White Elephants711 Words à |à 3 Pagesanother perspective that first impression often evolves, like looking through a lens. This phenomenon can be observed in literature. Ernest Hemingways ââ¬Å"Hills Like White Elephantsâ⬠tells of a man and a woman waiting at a Spanish railway station. While having drinks, they discuss the option of her having an abortion. Brooks The Mother discusses the mental effects of abortion and how a woman may feel after having one. At first glance, Hemingwayââ¬â ¢s story simply shows that abortions can hurt and put strainRead MoreAnalysis Of Ernest Hemingways Hills Like White Elephants991 Words à |à 4 Pagesother people outside of just the person that is making the decision, this causes a person to be weary of their choices. In Ernest Hemingwayââ¬â¢s story, ââ¬Å"Hills Like White Elephants,â⬠he focuses the attention on how difficult it can be to make the right decision by expressing the elements through the setting, character, conflicts, symbols, and foreshadowing in the story. In Hemingwayââ¬â¢s story, he creates the setting in which he writes, ââ¬Å"It was very hot and the express from Barcelona, would arrive in fortyRead More Communicating Conflict in Ernest Hemingways Hills Like White Elephants 1262 Words à |à 6 Pages à à Ernest Hemingways short story Hills Like White Elephants touches on an issue as ageless as time: communication problems in a relationship. He tells his story through conversations between the two main characters, the American and the girl. Conflict is created through dialogue as these characters face what most readers believe to be the obstacle of an unexpected pregnancy. Their plight is further complicated by their inability to convey their differing opinions to each other. Symbolism andRead More Reader-oriented Theories and Their Application to Ernest Hemingwayââ¬â¢s Hills like white elephants2425 Words à |à 10 PagesReader-oriented Theories and Their Application to Ernest Hemingwayââ¬â¢s Hills like white elephants From the very beginning of the literature people tended to criticize the literary works according to some certain criteria. Some critics claimed that the text itself is important and some other said the author and his style is the thing that should be focused on. Form and content were the other significant elements in the history of the literary criticism. In addition, the social and political influencesRead MoreErnest Hemingwayââ¬â¢s ââ¬Å"Hills Like White Elephantsâ⬠and Shiloh, by Bobbie Ann Mason. a Brief Comparison.791 Words à |à 4 PagesIn the readings about men and women, there were two stories that stuck out for me. Ernest Hemingwayââ¬â¢s ââ¬Å"Hills Like White Elephantsâ⬠and Shiloh, by Bobbie Ann Mason. To me these stories had many peculiar similarities. I felt that there were so comparable that there seemed to be a true connection between these two novels. In the short story Hills like White Elephants by Ernest Hemingway we were presented a man and his girlfriend. They order a couple drinks as they wait for a train. As theRead MoreHills Like White Elephants By Ernest Hemingway859 Words à |à 4 PagesHills Like White Elephants, short story by Ernest Hemingway, published in 1927 in the periodical transition and later that year in the collection Men Without Women. The themes of this sparsely written vignette about an American couple waiting for a train in Spain are almost entirely implicit. The story is largely devoid of plot and is notable for its use of irony, symbolism, and repetition. (Encyclopedia Britannica). The Short Story brings the read into a discussion, between a man and a girl. TheyRead MoreEvaluation Argument Hills Like White Elephants1388 Words à |à 6 Pagesï » ¿ Ernest Hemingway: Hills Like White Elephants A white elephant is an idiom for a valuable but burdensome possession, but also it means a rare and sacred creature. In Ernest Hemingwayââ¬â¢s short story Hills Like White Elephants, Hemingway uses an unborn child as a white elephant. This short story depicts a couple of an American man and young women at a train station somewhere in Spain. Hemingway tells the story from watching the couple from across the bar and listening to their troublesome conversation
Wednesday, May 6, 2020
Dancing Is The Cradle Of Civilization How It Has Made A...
There is a young woman dancing to the beat of the drums. She is toned, tanned, and talented. She moves her hips like one would believe impossible, she holds a silk veil which covers her face showing nothing but her eyes making her look mysterious. Her hand movements are those resembling a snake, her outfit is glamorous and shows off her body. Every movement is precise, enticing, and sensual. Her body acts so fluidly that it all appears to be one move itself. She is so confident and sexy, she looks exotic, but at the same time so traditional. Watching her is hypnotizing; one cannot help but to get lost in her hips. Dancing, it is as old as time. It has made a great impact on human history almost as much as agriculture and war. In the beginning, dancing was used as a form of worship and for religious rituals. It was used to worship and unite with nature. Because it is a believed that the Fertile Crescent is the cradle of civilization, it is no surprise that the earliest depictions of humans dancing were found the Mesopotamia, Egypt and Greece. However, others believe that it began in India as far as 4000-5000 years ago and spread throughout Greece and then the Middle East from the migration of a European gypsy tribe called Roma; although it is not certain that it is the actual place where it got started. During the early days of civilization, (about 10000 BCE) society was very matriarchal, which meant that women played a big part and held positions of power both religiouslyShow MoreRelatedTainos1871 Words à |à 8 PagesTainos: And their impact on the Caribbean Outline Thesis Statement: The Taino Indians, a unique group in Hispaniola, made many contributions to the Caribbean that are still shared and practiced in modern-day society. Introduction I. Background A. Definition of Taino B. Culture / Lifestyle II. History A. Housing / dress B. Food / agriculture C. Transportation Read MoreGreek Mythology: Influences and Effect to Greek Civilization5325 Words à |à 22 PagesGreek Mythology has been known to be one of the footprints left by the civilization of ancient Greece to our history and these mythology somehow shed a light to the culture, life style, religion and history of ancient Greece since the mythology were the primary basis of the origin of the ancient Greeks and they believed that these mythologies explained the origin of why things turned out to be like that. The Mediterranean served as a basin for the early civilizations. The rich history of the MediterraneanRead MoreWho Goes with Fergus11452 Words à |à 46 Pagesa second level, the poem captures Yeats frustration at his own failed love affair. He seems desperate to turn from the contemplation of loves mysteries that have preoccupied him for so many of the poems in The Rose, convinced that this meditation has only increased his sorrow without providing any means of improving his situation. The exhortation, on this level, is directed inward, to his own heart. He challenges himself to take Fergus direction and leave love behind him. Moreover, the fact thatRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words à |à 1573 PagesUnderstanding Work Teams 307 Communication 335 Leadership 367 Power and Politics 411 Conflict and Negotiation 445 Foundations of Organization Structure 479 v vi BRIEF CONTENTS 4 The Organization System 16 Organizational Culture 511 17 Human Resource Policies and Practices 543 18 Organizational Change and Stress Management 577 Appendix A Research in Organizational Behavior Comprehensive Cases Indexes Glindex 637 663 616 623 Contents Preface xxii 1 1 Introduction
Whether Valid Contract Between Lianne â⬠Myassignmenthelp.Com
Question: Discuss About The Whether Valid Contract Exists Between Lianne? Answer: Introducation An offer ought to be distinguished from an invitation to treat. When an offer creates a binding contract upon acceptance, an invitation to treat is like an invitation to give offers. A classic example is goods on display, the customer makes an offer to buy, and the seller decides whether to accept the offer or reject the customer's offer. Generally, advertisements are invitations to treat, as seen in the case of Partridge v Crittenden (1968) 2 All ER 425. The negotiations start to take place when someone reads such advertisements. Depending on the clarity of such advertisements, and the absence of the need for further negotiations, the advertisement can amount to an offer and not an invitation to treat (McKendrick, Liu, 2015). In Harvey vs Facey (1893), usually, the statement of price is an invitation to treat. However, if a certain shop has always accepted a certain price, going to the counter would be acceptance of the offer. If a specific price is given for a particular item, explicitly, this will be construed as containing all the terms, thus amounting to an offer. Also, one needs to look at whether further negotiations will be needed and whether the already given terms are sufficient. If the terms are met, then it becomes and offer as opposed to an invitation to treat. Only in particular circumstances an invitation to treat amounts to an offer, as we see in Carlill v Carbolic Smoke Ball co [1893] 1 QB 256. The question to be is asked, if after an offer is made, are there further questions to be asked, or negotiations to take place? Elements of a Contract A contract is deemed to exist when there is an offer, acceptance, then consideration and intention of the parties to be bound by the contract. Offer is distinguished from an invitation to treat, in that an invitation to treat is merely an invitation for customers to submit their offers. An invitation to treat is distinguished from an offer, because it does not have intentions to be bound; it only shows there is willingness to deal (McKendrick, Liu, 2015). The advertisement on Mary's website is an invitation to treat falling under the case of Partridge v Crittenden (1968) 2 All ER 425. The advertisement by Mary invites the public to make an offer on their packages, then they will decide whether to accept the offer or not. There is a starting price of $500 for a group of five and the rest of the prices are negotiable. When Lianne gives Mary a description of what she wants and requests a quote, the quote becomes the offer, because it has a specific amount of $10,000 which Mary will charge Lianne. Therefore, the quote amounts to an offer falling under Carlill v Carbolic Smoke Ball co [1893] 1 QB 256. Lianne proposes that the price is too high and makes a counter- offer asking Mary to take $9500. Mary accepts the offer, but only on a condition that the lower figure is open for seven days and that within that time Lianne should provide a 10% none- refundable deposit. This creates a conditional contract, and in the event that such condition is not met, the offer lapses, and a contract is not created. Lianne is not able to respond to Mary on time and is not able to fulfil the condition of giving her a none- refundable deposit within seven days. Lianne responds on 20th of June, which is ten days later. The contract that was initially created by Mary accepting $9,500 from Lianne was a conditional contract and unless the condition is satisfied, the agreement is not enforceable. Hence, the contract failed on the basis of the condition of seven days and the 10% deposit not being paid on time. When Lianne gets back to Mary on the 20th, a new offer is made when Mary offers $9500 by the next day, and Lianne creates a counter- offer by saying she will want $10,000 due to increased costs. Mary does not want to be quibble and tells Mary that she can go on with the 10K deal. Here, Lianne accepts Mary's offer, and a contract is created. There is offer, acceptance, consideration and the parties have the intentions to be bound by the contract. To sum up, both parties are bound by the contract as per the exchanges made on the 20th. Mary is right about the existence of a contract. However, it is not based on the quote, but the exchanges made on the 20th. This is because the first quote of $10,000 was revoked by the counter offer by Lianne of $9500, and the agreement on $9500 was subsequently revoked by failure to meet the conditions given by Mary. Both parties had intentions to be bund, this a valid contract exists between both of them, thus raising rights and obligations for both parties.Under Australian laws, there is automatic protection and guarantee that services and goods will work and do as a consumer requested. If something does not fit the requested specifications, then one has right to be refunded, get a repair or replacement The Australian consumer Law (ACL) protects consumers and promotes fair trading. The ACL provides a guarantee by suppliers that their services are provided with due skill and care under section (60). If there is a breach of this requirement, a consumer can bring an action for negligence against the supplier or seller of services. The other guarantee are that services ought to be fit for consumption as provided in section 61. This section also guarantees that the supplier of such services is fit and professional in their mode of supply of the services. Reasonable time is also key, in regards to when such services ought to be supplied and reasonable time depends on the given circumstances. A supplier may be subjected to refund, repair or replace under section 260 due to a major failure. The major failure can include; if the goods are unfit for the disclosed purpose by the consumer made during the negotiations. Also, if the goods are of unsafe or of unacceptable quality. If a supplier fails to comply with the consumer guarantees, causing a major failure, section hh268 applies. Under this section, If a contract is formed between the parties for $9500. On 30th of July, which is an agreed date, Lianne and her friends board a boat arranged by Mary. The drinks supplied are Russian food style as opposed to the ordered Malaysian cuisine. Also, the boat was cramped and could not accommodate all Lianne's friends. Then Mary complains to Linane that she is a consumer and she has rights, however, all the food was consumed. Mary supplies services which are fit and professional to a certain extent. We also see that the food was consumed, thus fit for human consumption. From this case scenario, we see Lianne does not assert her rights at the point of the delivery of services. This could mean acceptance of the services as delivered, or waiver of her rights when she accepted to use the services and consume the food as brought to her. Lianne goes ahead and uses the services provided, and consumes all the food. This implies that she was okay with the services provided. Even if she decides to claim for a refund, it will be hard because, she ought to give Mary consideration for all the food and services provided, which she did not reject at the first instance. Mary has already gone through certain expense which she ought to compensate. Lianne perhaps can only sue for minimal damages on the loss of expectations in regards to the small space on the boat. The business advertiser needs to be careful about statements made in its advertisements given that they are subject to legal rules developed by the courts as well as by parliament (through legislation) Advertisements in Australia are subject to legal rules developed by courts and parliament Businesses in Australia market to promote their services and goods. Whatever form such advertisements take, they ought to comply with the law. Some regulations in Australia govern advertisement and marketing like The Australian Consumer Law (ACL). Selling and advertisement practices have rapidly evolved, and apart from Television and Radio advertisement, such advertisement also occurs in the online environment. Such online advertisement includes shipping sites, emails, social networks and search engines. The advertising regulations require that customers must have the whole picture of what is being advertised. The discounts have to be genuine, and the information given should be factual. In an overall overview, the impression is given by and advertisement should not be misleading. The regulations also require that a person should know about running promotions and completion. An advertiser needs to know the regulations governing advertisements before advertising services and products. An honest advertisement is required by law, in as much as it is good for business. When selling services and products, consumer advertisement laws have certain regulations and rules which businesses ought to follow. The ACL covers different areas of advertising. Such areas include deceptive conduct which can be misleading to consumers. This includes disclaimers, information which can be misleading. Section 18, of the Competition and Consumer Act of 2010 discourages advertisements which are deceptive and can mislead customers by omission. An example is making a representation in regards to a future, it ought to be based on reasonable grounds, and otherwise, it will be deemed misleading. Silence and omission can also be considered conduct which is misleading. An ACCC guidance of 2014, April was released to give advertiser's guidance to do their advertisement. Advertisement in social media ought to ensure the information being advertised is accurate. Those managing reviews which are usually made online should ensure reviews do not mislead customers. Where products are grown or originate from is also an important factor in influencing the decisions of customers. A representation of a country made legally should be truthful and accurate (Pearson, 2010). Australian Competition and Consumer Commission (ACCC), which is Australia's national agency concerned with competition matters. Fair trade and consumer practices are promoted by ACCC. The Competition and the Consumer Act of 2012, protects Australia's consumer laws. Laws impose penalties on a misleading advertisement. It does not matter whether the misleading information was intentional of not. Other industry specific regulations and codes govern advertisement in Australia. Such codes include those apply to certain services or products such as financial services, food and therapeutic goods. The Australian and New Zealand Food Standards Code and the Therapeutic Goods Act 1989 (Cth) is the addition which governs these areas of goods and services. Additionally, the Australian industry is self- regulated, whereby there are different codes of conduct in the industry which guide advertisers in regards to how they need to carry out business. There is also self- regulation in regards to compl iance with these codes, however, market pressure is put on the advertisers to comply. Prescription medicine in Australia should not be advertised in Australia; such advertisement is not allowed. Some advertisements discourage use of certain goods like tobacco, which are harmful to a person's health. In Australia, advertisement of gambling services is banned, and any form of such advertisements are not allowed (Pearson, 2010). Conclusion In the global context, the biggest brands such as apple, coca cola and Microsoft have been able to integrate advertisement and law. The consumer Australian law has provided a stronger enforcement through the ACCC. Various internet and telecommunications have obtained fines on misleading advertisements. The ACCC has issues infringement notices to misleading advertisers for breaches which amount to millions of dollars. The ACL is contained in the Competition and Consumer Act of 2010. To sum up, the consumer protections in Australia have sufficiently protected the rights of advertisers because they apply equally across Australia. References Legislations Competition and Consumer Act of 2010 McKendrick, E., Liu, Q. (2015). Contract Law: Australian Edition. Palgrave Macmillan. Pearson, G. (2010). Financial Services Law and Compliance in Australia. Cambridge University Press.
Subscribe to:
Posts (Atom)