Landmark Supreme Court Decisions Essay -- essays research papers

Milestone Supreme Court Decisions      About 32 years prior, in December of 1965, a gathering of grown-ups and understudies from Des Moines, Iowa assembled to show their abhorrence towards American inclusion in the Vietnam War. They chose to wear dark armbands and quick on December 16 and 31 to communicate there point. At the point when the principals of the Des Moines School System discovered their arrangements, they chose to suspend any individual who partook in this sort of dissent. On December 16 - 17 three Tinker kin what's more, a few of their companions were suspended for wearing the armbands. All of them didn't come back to class until after New Years Day. Acting through their guardians, the Tinkers and some different understudies went to the Federal District Court, requesting a directive to be given by Iowa. This court declined the thought, driving them to take the case to the Supreme Court. Subsequent to hearing their case, the Supreme Court concurred with the Tinkers. They said that sporting dark armbands was a quiet type of articulation and that understudies don't need to give up their first Amendment rights at school. This milestone Supreme Court case was known as Tinker v. Des Moines Independent School District.      From the instance of Tinker v. Des Moines Ind. Educational committee clearly came some clashing perspectives about the armbands. The educational committee said that no one has without a doubt the privilege to opportunity of articulation, where the Tinkers said that just restricting armbands and not other political images was unlawful. The educational committee said that the armbands were troublesome to the learning condition, where the Tinkers said they were definitely not. At long last, the educational committee said that request in the study hall, where political debate ought to be talked about, is entitled to sacred assurance. The Tinkers accepted that the armbands were worn as the understudies perspectives, and along these lines ought to be naturally secured and regarded by the school. These were terrifically significant contentions for the situation.      Personally, I concur with the Supreme Court's choice to maintain the first Change privileges of the understudies in school. Is there any good reason why students shouldn't have the same rights as others? In the event that the understudies wore disgusting attire, came up short on study halls, or set the school ablaze in dissent of the war, at that point indeed, I could see disciplinary actio... ...chool areas.      In differentiate, the timespans in which these cases occurred were very unique. In the 1960's, the war in Vietnam was going on, and there were a great deal of disputable issues and perspectives confronting understudies at schools. In the 1980's, the war was finished and there weren't the same number of dubious issues encompassing understudies' privileges. One case included opportunity of articulation through a school paper, the other through pieces of clothing, however the major contrast between the two cases were the choices made by the U.S. Incomparable Court. They concurred with the Tinkers in the conviction that opportunity of articulation through armbands was alright. Be that as it may, they couldn't help contradicting Cathy Kuhlmeier's faith in opportunity of articulation through a purported open discussion. As an understudy, I accept that opportunity of articulation is one of our most significant rights. Without this perfect individuals won't know what our identity is; they won't comprehend our age. As a result of the various meanings of opportunity of articulation, individuals will consistently be in discussion over them. We should trust that our school area never faces an issue as large as the ones introduced in this paper. Milestone Supreme Court Decisions Essay - papers research papers Milestone Supreme Court Decisions      About 32 years back, in December of 1965, a gathering of grown-ups and understudies from Des Moines, Iowa accumulated to show their aversion towards American contribution in the Vietnam War. They chose to wear dark armbands and quick on December 16 and 31 to communicate there point. At the point when the principals of the Des Moines School System discovered their arrangements, they chose to suspend any individual who partook in this sort of dissent. On December 16 - 17 three Tinker kin what's more, a few of their companions were suspended for wearing the armbands. All of them didn't come back to class until after New Years Day. Acting through their guardians, the Tinkers and some different understudies went to the Federal District Court, requesting a directive to be given by Iowa. This court denied the thought, driving them to take the case to the Supreme Court. In the wake of hearing their case, the Supreme Court concurred with the Tinkers. They said that sporting dark armbands was a quiet type of articulation and that understudies don't need to give up their first Amendment rights at school. This milestone Supreme Court case was known as Tinker v. Des Moines Independent School District.      From the instance of Tinker v. Des Moines Ind. Educational committee clearly came some clashing perspectives about the armbands. The educational committee said that no one has irrefutably the privilege to opportunity of articulation, where the Tinkers said that just restricting armbands and not other political images was unlawful. The educational committee said that the armbands were troublesome to the learning condition, where the Tinkers said they were definitely not. At last, the educational committee said that request in the study hall, where political debate ought to be talked about, is entitled to sacred insurance. The Tinkers accepted that the armbands were worn as the understudies perspectives, and along these lines ought to be intrinsically secured and regarded by the school. These were immensely significant contentions for the situation.      Personally, I concur with the Supreme Court's choice to maintain the first Change privileges of the understudies in school. Is there any good reason why students shouldn't have the same rights as others? In the event that the understudies wore vulgar apparel, came up short on homerooms, or set the school ablaze in dissent of the war, at that point truly, I could see disciplinary actio... ...chool locale.      In differentiate, the timespans in which these cases occurred were very unique. In the 1960's, the war in Vietnam was going on, and there were a great deal of disputable issues and perspectives confronting understudies at schools. In the 1980's, the war was finished and there weren't the same number of questionable issues encompassing understudies' privileges. One case included opportunity of articulation through a school paper, the other through pieces of clothing, yet the major contrast between the two cases were the choices made by the U.S. Incomparable Court. They concurred with the Tinkers in the conviction that opportunity of articulation through armbands was alright. Be that as it may, they couldn't help contradicting Cathy Kuhlmeier's faith in opportunity of articulation through a purported open discussion. As an understudy, I accept that opportunity of articulation is one of our most significant rights. Without this ideal individuals won't know what our identity is; they won't comprehend our age. As a result of the a wide range of meanings of opportunity of articulation, individuals will consistently be in discussion over them. How about we trust that our school area never faces an issue as large as the ones introduced in this paper.

Romeo Character Analysis Essay free essay sample

Character Analysis Essay In the play Romeo amp; Juliet, Romeo will in general accuse fate and destiny for the entirety of his issues. As a general rule, Romeos character is imperfect. He shows this through his activities in the play. At the point when he cherishes Juliet, he just shows a shallow love for her. He at that point loses his temper when Mercutio kicks the bucket and doesnt think before he proceeds to murder Tybalt. After he executes Tybalt, he whimpers that fortune experiences gotten him in difficulty. Romeo isn't a casualty of fate or destiny, he is essentially a rash young person who has settled on awful choices. The first blemish in quite a while character is his concept of affection. At the point when he initially meets Juliet, he begins to look all starry eyed at her due to her looks. All through the play, he ceaselessly demonstrates himself to be a youngster after shallow fascination. He says about Juliet, Did my heart love till now? Renounce it, sight! For I never observed genuine excellence till this night. We will compose a custom exposition test on Romeo Character Analysis Essay or then again any comparable point explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page (Act 1, Scene 5, Lines 52,53) As he is stating this, he is taking a gander at her just because. By him saying that he had never observed genuine magnificence, he was indicating that the excellence of a lady was what he was searching for. This character defect demonstrates that he isn't constrained by destiny, yet that he is an adolescent who has settled on poor choices. As a rash youngster, Romeo experiences difficulty remaining calm and feelings. This outcomes in Romeo not thinking before he acts and slaughtering Tybalt due to Mercutios demise. He shows unpredictable annoyance which he could have controlled, however rather drives him to slaughter his cousin-in-law. As he is coming toward Tybalt, he is incensed. He hollers at him saying, Away to paradise, separate lenity and fire-peered toward fierceness be my lead now. (Act 3, Scene 1, Lines 122,123) When Romeo says this, he is indicating that he can't remain calm. He winds up censuring fortune for the passing of Tybalt, yet it truly was his failure to control his activities. Despite the fact that he professes to be a casualty of fate of destiny, he is only a rash youth who has settled on poor options. Being a rash youngster, Romeo frequently turns out to be excessively enthusiastic and surrenders asily. He demonstrated this after he had killed Tybalt. He cries and moans, O, I am fortunes fool. (Act 3, Scene 1, Line 135) He is hollering over his own activities as opposed to those of fortune. He at that point runs off to Friar Laurence to whimper some more. At the point when the monk lets him know of the expulsion, he says, Tell me that I may sack the contemptuous manor. By saying this to Friar Laurence, he is surrendering and is prepared to end it all. The minister needs to help him to remember the beneficial things that have occurred in his life to prevent him from murdering himself. This shows Romeos activities are not constrained by destiny, however his activities are coordinated by his energetic will. In the play Romeo amp; Juliet, Romeo has numerous young character defects. He shows that he possibly thinks about shallow fascination when he is searching for a spouse. In any event, when he weds Juliet, he despite everything shows rash character by losing his temper and executing Tybalt. He at that point proceeds to whimper over his unpleasant life. By and large, Romeo is a rash youth who has accused predetermination and destiny for his own character blemishes. Romeo Character Analysis Essay

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Biography of Túpac Amaru, the Last of the Incan Lords

Tà ºpac Amaru (1545–September 24, 1572) was the last of the indigenous rulers of the Inca. He ruled during the time of the Spanish occupation and was executed by the Spanish after the final defeat of the Neo-Inca state. Fast Facts: Tà ºpac Amaru Known For: The last indigenous ruler of the IncaAlso Known As: Tà ºpac Amaru,  Topa Amaru,  Thupa Amaro,  Tupaq Amaru, Thupaq AmaruBorn: 1545 (exact date unknown) in or near CuscoParents: Manco Capac (father); mother unknownDied: September 24, 1572  in CuscoSpouse: UnknownChildren: One sonNotable Quote: Ccollanan Pachacamac ricuy auccacunac yawarniy hichascancuta. (Pacha Kamaq, witness how my enemies shed my blood. Early Life Tupac Amaru, a member of the Incan royal family, grew up in the Incan convent Vilcabamba, the religious university of the Incas. As a young adult, he was against the Spanish occupation and rejected Christianity. Indigenous Incan leaders supported him because of that. Background When the Spanish arrived in the Andes in the early 1530s, they found the wealthy Inca Empire in turmoil. Feuding brothers Atahualpa and Huà ¡scar ruled over two halves of the mighty Empire. Huà ¡scar was killed by Atahuallpa’s agents and Atahualpa himself was captured and executed by the Spanish, effectively ending the time of the Inca. A brother of Atahualpa and Huà ¡scar, Manco Inca Yupanqui, managed to escape with some loyal followers and established himself head of a small kingdom, first at Ollantaytambo and later in Vilcabamba. Manco Inca Yupanqui was assassinated by Spanish deserters in 1544. His 5-year-old son Sayri Tà ºpac took over and ruled his small kingdom with the help of regents. The Spanish sent ambassadors and relations between the Spanish in Cusco and the Inca at Vilcabamba warmed. In 1560, Sayri Tà ºpac was eventually persuaded to come to Cusco, renounce his throne, and accept baptism. In exchange, he was given vast lands and a profitable marriage. He died suddenly in 1561, and his half-brother Titu Cusi Yupanqui became the leader of Vilcabamba. Titu Cusi was more cautious than his half-brother had been. He fortified Vilcabamba and refused to come to Cusco for any reason, although he did allow ambassadors to stay. In 1568, however, he finally relented, accepting baptism and, in theory, turning over his kingdom to the Spanish, although he consistently delayed any visit to Cusco. Spanish Viceroy Francisco de Toledo repeatedly attempted to buy off Titu Cusi with presents such as fine cloth and wine. In 1571, Titu Cusi became ill. Most of the Spanish diplomats were not in Vilcabamba at the time, leaving only Friar Diego Ortiz and translator Pedro Pando. Tà ºpac Amaru Ascends the Throne The Inca lords in Vilcabamba asked Friar Ortiz to ask his God to save Titu Cusi. When Titu Cusi died, they held the friar accountable and killed him by tying a rope through his lower jaw and dragging him through town. Pedro Pando was also killed. Next in line was Tà ºpac Amaru, Titu Cusi’s brother, who had been living in semi-seclusion in a temple. About the time Tà ºpac Amaru was made leader, a Spanish diplomat returning to Vilcabamba from Cusco was killed. Although it is unlikely that Tà ºpac Amaru had anything to do with it, he was blamed and the Spanish prepared for war. War with the Spanish Tà ºpac Amaru had only been in charge for a few weeks when the Spanish arrived, led by 23-year-old Martà ­n Garcà ­a Oà ±ez de Loyola, a promising officer of noble blood who would later become governor of Chile. After a couple of skirmishes, the Spanish managed to capture Tà ºpac Amaru and his top generals. They relocated all the men and women who had been living in Vilcabamba and brought Tà ºpac Amaru and the generals back to Cusco. Dates of birth for Tà ºpac Amaru are vague, but he was approximately in his late 20s at the time. They were all sentenced to die for insurrection: the generals by hanging and Tà ºpac Amaru by beheading. Death The generals were thrown in prison and tortured, and Tà ºpac Amaru was sequestered and given intense religious training for several days. He eventually converted and accepted baptism. Some of the generals had been tortured so badly that they died before making it to the gallows—although their bodies were hung anyway. Tà ºpac Amaru was led through the city escorted by 400 Caà ±ari warriors, traditional bitter enemies of the Inca. Several important priests, including the influential Bishop Agustà ­n de la Coruà ±a, pleaded for his life, but Viceroy Francisco de Toledo ordered the sentence to be carried out. The heads of Tà ºpac Amaru and his generals were put on pikes and left at the scaffold. Before long, the locals—many of whom still considered the Inca ruling family to be divine—started worshiping the head of Tà ºpac Amaru, leaving offerings and small sacrifices. When notified of this, Viceroy Toledo ordered the head to be buried with the rest of the body. With the death of Tà ºpac Amaru and the destruction of the last Inca kingdom in Vilcabamba, Spanish domination of the region was complete. Historic Context Tà ºpac Amaru never really had a chance; he came into power at a time when events had already conspired against him. The deaths of the Spanish priest, interpreter, and ambassador were not of his doing, as they took place before he was made the leader of Vilcabamba. As a result of these tragedies, he was forced to fight a war he may not have even wanted. In addition, Viceroy Toledo had already decided to stamp out the last Inca holdout at Vilcabamba. The legality of the conquest of the Inca was being seriously questioned by reformers (primarily in the religious orders) in Spain and in the New World, and Toledo knew that without a ruling family to which the Empire could be returned, questioning the legality of the conquest was moot. Although Viceroy Toledo was reprimanded by the crown for the execution, he did the king a favor by removing the last legitimate legal threat to Spanish rule in the Andes. Legacy Today Tà ºpac Amaru stands as a symbol for the indigenous people of Peru of the horrors of the conquest and Spanish colonial rule. He is considered the first indigenous leader to seriously rebel against the Spanish in an organized way and, as such, he has become the inspiration for many guerrilla groups over the centuries. In 1780, his great-grandson Josà © Gabriel Condorcanqui adopted the name Tà ºpac Amaru and launched a short-lived but serious rebellion against the Spanish in Peru. The Peruvian communist rebel group Movimiento Revolucionario Tà ºpac Amaru (â€Å"Tà ºpac Amaru Revolutionary Movement†) took their name from him, as did the Uruguayan Marxist rebel group the Tupamaros. Tupac Amaru Shakur (1971–1996) was an American rapper who was named after Tà ºpac Amaru II. Sources De Gamboa, Pedro Sarmiento, History of the Incas. Mineola, New York: Dover Publications, Inc. 1999. (written in Peru in 1572)MacQuarrie, Kim.  The Last Days of the Incas, Simon Schuster, 2007.

Copia and Copiousness in Rhetoric

The rhetorical term copia refers to expansive richness and amplification as a stylistic goal. Also called  copiousness and abundances.  In Renaissance rhetoric, the figures of speech were recommended as ways to vary students means of expression and develop copia.  Copia (from the Latin for abundance) is the title of an influential rhetoric text published in 1512 by Dutch scholar Desiderius Erasmus. Pronunciation: KO-pee-ya Examples and Observations Because ancient rhetoricians believed that language was a powerful force for persuasion, they urged their students to develop copia in all parts of their art. Copia can be loosely translated from Latin to mean an abundant and ready supply of language—something appropriate to say or write whenever the occasion arises. Ancient teaching about rhetoric is everywhere infused with the notions of expansiveness, amplification, abundance.(Sharon Crowley and Debra Hawhee, Ancient Rhetorics for Modern Students. Pearson, 2004)Erasmus on Copia- Erasmus is one of the early enunciators of that sanest of all precepts about writing: write, write, and again write. He also recommends the exercise of keeping a commonplace book; of paraphrasing poetry into prose, and vice versa; of rendering the same subject in two or more styles; of proving a proposition along several different lines of argument; and of construing from Latin into Greek...The first book of De Copia showed the student how to use th e schemes and tropes (elocutio) for the purpose of variation; the second book instructed the student in the use of topics (inventio) for the same purpose...By way of illustrating copia, Erasmus in Chapter 33 of Book One presents 150 variations of the sentence Tuae literae me magnopere delectarunt [Your letter has pleased me greatly]...(Edward P.J. Corbett and Robert J. Connors, Classical Rhetoric for the Modern Student, 4th ed. Oxford Univ. Press, 1999)- If I am truly that peace so extolled by God and by men; if I am really the source, the nourishing mother, the preserver and the protector of all good things in which heaven and earth abound;... if nothing pure or holy, nothing that is agreeable to God or to men can be established on earth without my help; if, on the other hand, war is incontestably the essential cause of all the disasters which fall upon the universe and this plague withers at a glance everything that grows; if, because of war, all that grew and ripened in the cours e of the ages suddenly collapses and is turned into ruins; if war tears down everything that is maintained at the cost of the most painful efforts; if it destroys things that were most firmly established; if it poisons everything that is holy and everything that is sweet; if, in short, war is abominable to the point of annihilating all virtue, all goodness in the hearts of men, and if nothing is more deadly for them, nothing more hateful to God than war—then, in the name of this immortal God I ask: who is capable of believing without great difficulty that those who instigate it, who barely possess the light of reason, whom one sees exerting themselves with such stubbornness, such fervor, such cunning, and at the cost of such effort and danger, to drive me away and pay so much for the overwhelming anxieties and the evils that result from war—who can believe that such persons are still truly men?(Erasmus, The Complaint of Peace, 1521)- In the right spirit of playfulness and experimentation, Erasmuss exercise can be both fun and instructive. Although Erasmus and his contemporaries clearly were delighted by language variation and exuberance (think of Shakespeares indulgence in his comedies), the idea was not simply to pile up more words. Rather copiousness was about providing options, building stylistic fluency that would allow writers to draw upon a large array of articulations, choosing the most desirable.(Steven Lynn, Rhetoric and Composition: An Introduction. Cambridge Univ. Press, 2010)Backlash Against CopiaThe latter part of the sixteenth century and the first part of the seventeenth witnessed a reaction against eloquence, specifically against Ciceronian style as a model for writers, both in Latin and in vernacular literature (Montaigne, for example)... The anti-Ciceronians distrusted eloquence as something speciously ornamental, therefore insincere, self-conscious, unsuited for expressing private or adventurous reflections or disclosures of th e self... It was [Francis] Bacon, not inappropriately, who wrote the epitaph of copia in that famous passage of his Advancement for Learning (1605) where he describes the first distemper of learning when men study words and not matter....It is ironical that in later years Bacon came to dislike the excesses of Senecan style nearly as much as those of copie. It is likewise ironical that the man who deplored the former popularity of copia was, of all writers in his time, most responsive to the advice in De copia about collecting notes. Bacons obsessive fondness in his writings for sententiae, aphorisms, maxims, formulae, apophthegms, his promptuary, and his habit of keeping commonplace books were a tribute to the methods taught by Erasmus and the other humanists. Bacon was more indebted to prescriptions for copia than he allowed, and his prose leaves little doubt that he was studious of words as well as matter.(Craig R. Thompson, Introduction to Collected Works of Erasmus: Literary and Educational Writings I. University of Toronto Press, 1978)

My Opinions of The Catcher In The Rye by J.D. Salinger

The Catcher In The Rye by J.D. Salinger Plot: The story starts as Holden Caulfield has recently been expelled from a very expensive private school Pencey Prep in Agerstown, Pennsylvania for failing four classes. He is not very sad about it, because he used to see his school as a prostitute, which claims to have been molding boys into clear-thinking young men since 1888. He also lost popularity in his fencing team, for not going to a very important game. He decides to say goodbye to his history teacher Spencer, who knows that Holden is not coming back to Pencey. Holden meets Spencer in his house, which he finds strange and depressing. They starts a kind of philosophical conversation about â€Å"life is a game†, although Holden keeps on thinking that life is only a game, if you are on the right side. Holden decides that he has enough of Pencey Prep and took a train to New York City, where he plans to stay in Edmont Hotel until Wednesday, because his parents expect him to come home for Christmas vacation on this day. In the hotel Holden thinks about his sexuality. He feels uncomfortable about still being virgin. After dancing in the hotel lounge he agrees to call a prostitute to his room. As the girl, Sunny, enters the room Holden became uncomfortable with the whole situation and says to her that he only wants to talk. Sunny became angry about him and leaves the hotel. After a short nap he calls his friend Sally Hayes, and they agree to meet that afternoon to visit a play.Show MoreRelatedA Short Biography of J.D. Salinger1316 Words   |  6 Pages J. D. Salinger was an American writer who wrote fiction short stories and novels. Some critics dont like his books, yet others do. He had a remarkable life and story. Salinger was an influential 20th century American writer whose works were very scrutinized. Jerome David Salinger was born on January 1, 1919. He was known as J. D. Salinger. He was born in New York, New York. His fathers name was Sol Salinger. His mothers name was Miriam Jillich Salinger. His father was Jewish and his motherRead More 1950s Culture Exposed in The Catcher in the Rye Essay1361 Words   |  6 Pages1950s Culture Exposed in The Catcher in the Rye    J.D. Salingers The Catcher in the Rye is a remarkable book that gives readers a unique and perhaps gloomy perspective of the 1950s through Holden Caulfield, a cynical and peculiar teenager. Through The Catcher in the Rye Salinger describes important aspects of the 1950s. Salinger emphasizes several key characteristics of the 50s and criticizes them through Holden. In addition, Holden Caulfield is a very interesting character withRead MoreHow Salinger’s Holden Caulfield Relates to Teenagers Throughout Time1412 Words   |  6 PagesSalinger’s Holden Caulfield Relates to Teenagers Throughout Time In 1951, J.D. Salinger’s The Catcher in the Rye was #1 on the New York Time’s bestseller list. Since then, the American Literary Association claims The Catcher in the Rye is a â€Å"favorite of censors.† The use of harsh language and profanity has been a long time debate of educators causing the novel to be pulled off bookshelves and propelling J.D. Salinger and his protagonist, Holden Caulfield, into reluctant fame. The translationRead MoreCatcher in the Rye984 Words   |  4 PagesENG 4U1 June 12, 2012 Catcher In The Rye Essay A role model can be can classified as one of many things, but what is it exactly that distinguishes a good one from a bad? The novel, The Catcher in the Rye, written by J.D Salinger is utilized to present the character Holden Caulfield as an unsuitable role model. Firstly, Holden relies on drugs for a way out of his problems instead of facing them. Also, he cannot find his place in the world, which arises, from his natural inclination to lie andRead MoreD. Salinger s The Catcher s The Rye 1872 Words   |  8 Pages J. D. Salinger s novel is often called, . . . the forbidden fruit in the garden of literature (The Catcher 116). J. D. Salinger is a writer from the 1950s, a time where literature has questioned the ideas of traditions placed in a community. Through his life and through his characters Holden Caulfield and Phoebe Caulfield in the 1950s realistic fictional bildungsroman The Catcher in the Rye, the postmodernist author J. D. Salinger focuses on the theme of self isolat ion in society in orderRead MoreComparative Essay Catcher and Breakfast Club1644 Words   |  7 PagesThe Catcher in the Rye and The Breakfast Club Various pieces of literature and entertainment exhibit similar characteristics in their writing style, themes, and portrayals. These features are in each piece to enhance the reading and viewing. The novel The Catcher in the Rye by J.D. Salinger, and the movie The Breakfast Club directed by John Hughes, are two works that are similar in some significant aspects. Both compositions overflow with the theme of teenage rebellion, use rich vernacular, andRead MoreCatcher In The Rye Innocence Essay1229 Words   |  5 PagesRaina Hill Mr. Chilton English 9 - D Band October 26, 2017 Lost in the Rye Many teenagers struggle with the concept of self-identity and growing up. Troubled 16-year old Holden, from the Catcher in the Rye, is no exception. The Catcher in the Rye follows the story of Holden and his journey to adulthood. To Holden, this adulthood is a world full of lies and phoniness. Due to his lack of interest in the world of growing up, HoldenRead MoreCriticism Of Salinger s The Rye1382 Words   |  6 PagesCRITICISM Salinger’s Catcher in the Rye has been into continuous dispute and controversy since its publication in 1951. Some critics think that Salinger s narrative of the human plight is engrossing and enlightening, yet incredibly depressing. The leading character, Holden Caulfield, serves as the basis for critical discussion due to his psychological conflict. Salinger s portrayal of Holden, which encloses incidents of dejection, nervous breakdown, impulsive spending, sexual exploration, andRead MoreJD Salinger Research Paper1671 Words   |  7 Pages Jerome David Salinger, also known as J. D. Salinger, is a fascinating author best known for his novel, Catcher in the Rye. Although Salinger only published one novel, he wrote several short stories for magazines like The New Yorker and Story. A large number of these stories went on to be compiled into books such as Nine Stories, Franny and Zooey, and Raise High the Roof Beam, Carpenters and Seymour: An Introduction. Despite the fact Sali nger has not published any stories in over 45 years, his reputationRead MoreCatcher In The Rye Literary Conflict1087 Words   |  5 Pagesquestion: What is the main literary conflict found in ‘The Catcher in the Rye’? Introduction: J.D Salinger’s bestselling novel ‘The Catcher in the Rye’ depicts a troubled teenage boy who conflicts with the society of the 1950s. Holden Caufield’s cynical way of narrating the story with his constant criticism about other people and the ugliness of the world, introduces the readers to a judgemental and critical protagonist. ‘The Catcher in the Rye’ was based on Salinger’s life experience after WWII. While

Business Law Intention and Capacity of the Parties

Question: Discuss about the Business Lawfor Intention and Capacity of the Parties. Answer: Issue The two major issues that are raised in the given situations are: To analyze the validity of contract entered amid Bill, Jill and Dodgy Pty. Ltd? Can the contract be terminated by Bill and Jill as the same is based upon misrepresentation? Whether the restrain clause made part of the contract is valid? Law Every valid contract requires presence of contract essentials, that is, offer, acceptance, consideration, intention and capacity of the parties. If any of the elements is not present then such contract is not valid in law. (The Law handbook, 2016) Further, the parties must be capable to make a valid contract. The capacity of the parties requires that they must be major and mentally capable (Nash v Inman (1908). But, a minor can make a valid contract if the same is for the necessity, employment or benefit of minor. (J Clark, 2013) But, every valid contract can be cancelled if the same is based on misrepresentation. When one party makes a statement of factual nature which are not true, with a hope that the other party will rely on such untrue statement and will make a contract with him and the relying party actually makes a contract, then, there is presence of misrepresentation and the aggrieved party then has right to terminate the contract and claim damages (Smith v Land HouseProperty Corp. (1884) Lambert v Co-OperativeInsuranceSociety [1975]. (The law Teacher, 2016) Also, when a restrain clause is made part of the contract wherein one party is prohibited to carry on the similar business or a certain time period the clauses are valid when they protect the legitimate interest, goodwill and confidentiality of the party who is relying on the clause. But, if the clause is against public policy or for long duration then the same is invalid. In AGA Assistance Australia Pty Ltd v Tokody(2012) duration up to two years is considered to be valid and any restrain beyond that is invalid unless legitimate interest is proved. (Hopgoodganim, 2016) Application The law is now applied to the facts. It is submitted that Jill is 22 years old and is thus major. But, Bill is 15 years old and is a minor. Thus, a contract amid Dodgy Pty. Ltd and Bill can be held valid when the contract is for necessity, employment or benefit of Bill. It is assumed that the contract is for necessity/employment/benefit of Bill and thus the contract with Dodgy Pty. Ltd is valid in nature. But, Dodgy Pty. Ltd while selling his caf to Bill and Jill has made factual statements that the weekly taking of the caf is $10,000 (since last five years) and the cost is $3000 per week. But, the statements are false as the weekly taking was on an average $2000. Thus, false factual statements are made to persuade Bill and Jill to make a contract and the contract was actually made by them. Thus, Bill and Jill can terminate the contract based on misrepresentation and claim damages from Dodgy Pty. Ltd. Further, the restrain on Dodgy Pty. Ltd is for five years which is very lengthy and can be considered as valid only when Bill and Jill can prove that the clause is required for the protection of their legitimate interest, goodwill and confidentiality of the business. Conclusion Thus, Bill and Jill can rescind the contract based on misrepresentation and the restrain clause is valid only when the same protects the legitimate interest of Bill and Jill. Issue The major issues that are raised in the given situation are: Can Hugh and Theo be held liable for the injuries that are caused to the customers after consuming the stale and out of date ingredients? What legal remedies can be provided by the court to the aggrieved parties? Law The law of negligence is a very important piece of legislation. The law of negligence emphasis that every person must indulge in such actions or omission because of which no injury is caused to any other person. This duty of avoidance of harm is captured under the law of negligence. In Donoghue v Stevenson [1932] the concept and the elements of the law of negligence were established. The same are: (P Latimer, 2012) Duty of care Every defendant is imposed with a legal duty of protection. The law of negligence establishes that whenever any defendant is pursuing any act or omission then he must make sure that no harm is caused to any person because off his actions or inactions. But, this duty of care can only be imposed upon the defendant when the plaintiff is closely connected to him, that is, the effect and impact of the defendants acts/omission will fall upon the plaintiff directly. There must be proximity between the two and the plaintiff is considered to be the neighbor of the defendant (Grant vAustralianKnitting Mills (1936). Also, the duty is also imposed only then the harm which may be caused to the plaintiff because of defendants actions or inaction are reasonably foreseeable by the defendant and thus he is under duty to avoid such harm by not availing the actions or inactions he is indulged in (Chapman v Hearse(1961). In Donohue case, this duty of care is imposed upon the manufactures so that no manufacturer should produce any product which may cause harm to the consumer berceuse consumers are his ultimate customers are in proximate relationship with him. Violation of duty of care - when the defendant is imposed with the duty of care then it is his duty to cater such duty with all adequate means. But, when the defendant is not able to provide the level of care that is needed in a particular situation, then, the duty is considered to be breached. The level of care increases with the increase of risk and vice versa (Blake v Galloway (2004) Injuries because of such breach of duty of care it is necessary that when the defendant is not able to cater with his duty of care then there must be some kind of injuries that are sustained by the plaintiffs. Any breach without any injury is not a negligent act in the law of negligence (Carroll vFearon(1999) Once a defendant is held out to be negligent, then, the plaintiff has every right to sue such defendant under the law of negligence and claim damages in the form of money. If the damage is extreme then penal actions can also be undertaken. Further, The law of partnership is also applicable. A partnership is said to exist when two or more than two persons intent to carry out a business of a continuous nature with the main motive of earning profits, once a partnership is established, then, the act of one partner will make the other partner liable under the law of agency (Smith v Anderson (1880). (Sydney, 2016) Thus, the applicable law is now applied. Application In the given situation, High runs a pizza service and later appoints his son Theo to use his car for deliveries. The service of Hugh was not registered but they have advertised it in the name of UberPizzaDelivery. In ...................it was held that a manufacturer is under a duty of care towards his consumers as they are their ultimate neighbors. However, both Theo and Hugh are making pizza for the ultimate consumption of the customers. Thus, they have a duty to make the pizzas of such a quality is that no harm is caused to the consumer by consuming the pizzas. But, this duty is violated when Hugh advertised that fresh ingredients are used for the formation of pizza but in reality stale and outdated ingredients are used for the production of pizza. Thus, the level of care that is expected from the manufactures of pizza, that is, Hugh, is violated which has resulted in many injuries to his customers and death of one of his customer. Thus, the level of Thus, the level of care that is expected from Hugh is not met and hence he is in violation of his duty which has caused losses to his customers. So, Hugh must be held liable under the law of negligence. The customers can take both civil and criminal actions against Hugh. Also, Hugh and Theo are working not as a registered business but the intention of both of them is to run the business in continuity with the aim to earn profit. Thus, there is a presence of partnership amid the two and an act of one will make the other liable. So the actions of Hugh will also make Theo accountable for the same and hence Theo can also be held under the law of negligence. Conclusion Thus, both Theo and Hugh are liable under the law of negligence as both of them are partners and thus the actions of one will make the other liable. Reference List Books/Articles/Journals P Latimer. 2012. Australian Business Law 2012. CCH Australia Limited. Case laws AGA Assistance Australia Pty Ltd v Tokody(2012). Blake v Galloway (2004). Carroll vFearon(1999) Chapman v Hearse(1961). Donoghue v Stevenson (1932). Grant vAustralianKnitting Mills (1936). Nash v Inman (1908). Lambert v Co-OperativeInsuranceSociety [1975]. Smith v Land HouseProperty Corp. (1884). Smith v Anderson (1880). Online material Julei Clark. 2013. Capacity to contract. Online. Available at: https://www.australiancontractlaw.com/law/formation-capacity.html#minors. [Viewed on 24th September 2016]. Hopgoodganim. 2016. Restrain clause. Online. Available at: https://www.hopgoodganim.com.au/page/Publications/Industrial_and_Employment_Law_Alert_Recent_court_case_provides_clues_to_successfully_enforcing_non-compete_restraint_obligations_-_31_Aug_2012/. [Viewed on 24th September 2016]. Sydney. 2016. Partnership. Online. Available at: https://webcache.googleusercontent.com/search?q=cache:rKTyb6YyI70J:sydney.edu.au/lec/subjects/associations/notes/Summer%25202010-11/Topic%25203%2520-%2520Partnership.doc+cd=1hl=enct=clnkgl=in. [Viewed on 24th September 2016]. The Law Hand Book. 2016. Elements of a contract. Online. Available at: https://www.lawhandbook.org.au/07_01_02_elements_of_a_contract/. [Viewed on 24th September 2016]. The law teacher. 2016. Misrepresentation. Online. Available at: https://www.lawteacher.net/lecture-notes/contract-law/misrepresentation-lecture.php. [Viewed on 24th September 2016].