Friday, December 27, 2019

The Attack On Pearl Harbor - 1667 Words

For many people, the defining â€Å"turning point† of the United States in the 21st century so far has been September 11th, 2001. The phrase â€Å"Post 9/11 World† has been synonymous with growing fears of terrorism at home and abroad and changes in our popular culture and way of life. 9/11 however is not unique in the way it has transformed American society. The attack on Pearl Harbor, â€Å"a date which will live in infamy,† also brought the United States into a war focused on eliminating a new adversary. Both 9/11 and Pearl Harbor gave increased power and scope to our federal government, changed American attitudes towards different racial/minority groups, and redefined America as a whole in their respective time periods. Japan’s decision to attack†¦show more content†¦(â€Å"The Road to Pearl Harbor†) The United States however continued to view Japan lightly and repeatedly ignored evidence that pointed to an inevitable attack on American soil. This evidence was so pervasive that historians, such as Charles A. Beard, had argued that President Franklin Delano Roosevelt â€Å"knew† of Pearl Harbor and used it as a rallying cry to bring the United States to World War II. It was only in 1981 that such arguments went to the wayside with Gordon W. Prange’s comprehensive study of Pearl Harbor called At Dawn We Slept. Prange dismissed arguments of a government conspiracy, but did find that â€Å"the Roosevelt administration was guilty of a series of disastrous blunders in interpreting Japanese strategy† and that â€Å"the American government had possession of enough information to predict the attack but failed to do so.† (Brinkley, 611) A similar narrative tragically played out during the years and months before 9/11. Like the Empire of Japan, al-Qaida was not viewed as a significant enough threat in the eyes of the United States. â€Å"Terrorism incidents were relatively rare, but not unknown, within the United States itself prior to September 11th 2001 †¦ Most Americans however considered terrorism a problem that mainly plagued other nations.† (Brinkley, 797- 798) According to the 9/11 Commission Report, a federal investigation

Thursday, December 19, 2019

The Tragic Flaw Of Shakespeare s Hamlet - 1399 Words

Found among the words of Shakespeare’s Hamlet is a moral that rings true today: do not involve others with your own problems. In Hamlet, Shakespeare s utilization of hamartia and tragedy brings the overall moral into light in a dramatized manner. The two are especially prominent near the climax and finale of the play. Hamartia appears first, as it deals with the leading male of the story, and actually aids in the deliverance of tragedy in the final scene of Act V. Hamartia is a literary device Shakespeare uses in Hamlet; the main character, Hamlet, is the center for this. Hamartia is the tragic flaw of a character leading to their downfall. In this case, Hamlet s flaw is his madness, leading him to drag both those he loves and those he dislikes into the fray. The madness apparent in Hamlet appears throughout the dialogue, though is more prominent at the climax and finale of the script. For instance, in Act I, Hamlet â€Å"interacts† with the ghost of his deceased father: [Hamlet] Speak, I am bound to hear. [Ghost] So art thou to revenge, when thou shalt hear. [Hamlet] What? [Ghost] I am thy father’s spirit, Doomed for a certain term to walk the night, And for the day confined to fast in fires, Till the foul crimes done in my days of nature, Are burnt and purged away†¦(I.v.7-13) Already stricken with grief over his father and growing suspicions about Queen Gertrude and King Claudius marrying, Hamlet has been susceptible to a weakened mind. Witnessing the apparition raisesShow MoreRelatedThe Tragic Flaw Of Shakespeare s Hamlet1734 Words   |  7 PagesJacqueline Borutski ENG4U Mr. Froome April 11, 2016 The Tragic Overuse of Logic in Hamlet Logic is man s most valuable asset; it is what pushed humanity past other species and helped develop humankind into what it is today. Without such logic and reasoning, humanity would not have evolved into the strongest and most powerful beings alive. It is what has enabled us to dominate the world, create civilization, unlock the secrets of the universe through math and science and reveal the true natureRead MoreAct 3 Scene 1 Of William Shakespeare s Hamlet Essay947 Words   |  4 PagesWilliam Shakespeare â€Å"Hamlet† the main protagonist, Hamlet, recites a soliloquy â€Å"To be, or not to be.† Throughout his lines Hamlet explains the concept of suicide and why people choose to live long lives instead of ending their suffering. The main point he speaks on is the mystery of one’s afterlife, they never know for sure what happens when they die. For this reason, his speech does a good job highlighting the plays underlying themes of pervasiveness of death, and trag ic dilemma, and tragic flaws. OneRead MoreHamlet : A Tragic Hero995 Words   |  4 PagesHamlet: A Tragic Hero William Shakespeare is known through the ages as a brilliant playwright. He has written several comedies and tragedies that people have loved through decades. Shakespeare’s plays have been interpreted in many different ways and have been debated on which interpretation is correct. Some of these included even the basis of the character’s persona. In the Shakespearean tragedy Hamlet, the main protagonist, Prince Hamlet, is fated by the ghost of his late father that, becauseRead More Shakespeares Macbeth and Hamlet as Tragic Heroes Essay893 Words   |  4 PagesMacbeth and Hamlet as Tragic Heroes      Ã‚   William Shakespeare has written many literary works - from his sonnets to his plays, each has its own individual characteristics.   One popular characteristic that comes from his plays is the tragic hero.   The audience can always relate to the tragic hero and the many trials he faces.   Macbeth and Hamlet are just two of Shakespeares plays that involve the tragic hero.   Through their nobility, tragic flaws, and dignity Macbeth and Hamlet prove to beRead MoreAnalysis Of Shakespeare s King Lear, Hamlet, Othello And Macbeth1206 Words   |  5 PagesEnglish 3.7: Achievement Standard 91478 Introduction Shakespeare was an English poet, playwright, and actor. Through analysing four tragedy texts by Shakespeare, I have noticed he uses the fall of the main character as the primary focus in his tragedies as this creates good suspense and climax as an added attraction for the audience. A Shakespearean tragedy, is a five-act play and they usually revolve around a similar idea of conflict. This is the Internal and external Conflict within the characterRead MoreHamlet As A Tragic Hero1071 Words   |  5 Pages Hamlet as a Tragic Hero The Webster dictionary defines tragedy as, â€Å"a serious drama typically describing a conflict between the protagonist and a superior force and having a sorrowful or disastrous conclusion that excites pity or terror.† (Webster Dictionary) So a tragic hero is a character who goes through a conflict and suffers catastrophically as a direct result of his choices. You will see throughout this story that the character Hamlet is a clear example of Shakespeare’s tragic hero. ShakespeareRead More The Tragic Hero of Hamlet Essay1049 Words   |  5 PagesThe Tragic Hero of Hamlet    Shakespeares play, Hamlet illustrates the tragedy of a young princes pursuit to obtain revenge for a corrupt act, the murder of his father.  Ã‚   As the exposition unfolds, we find Prince Hamlet struggling with internal conflict over who and what was behind his fathers death.   His struggle continues as he awaits the mystic appearance of a ghost who is reported to resemble his father.   Suddenly it appears, proclaiming, Pity me not, but lend thy serious hearing / ToRead MoreKing Hamlet By William Shakespeare1641 Words   |  7 Pagesstory open to interpretation. Shakespeare was particularly fond of allowing his audience and his readers the freedom to interpret the deeper meaning of his work. Of the many themes in the play â€Å"Hamlet†, the concept of memory is the most influential, specifically, the memory of King Hamlet represented by the ghost. The memory of King Hamlet created an aura of mystery within the play, leaving much of it open to interpretation. Moreover, t he memory of the late King Hamlet was the driving force of theRead MoreHamlets Tragic Flaw Essay692 Words   |  3 PagesHamlet#8217;s Tragic Flaw It is better not to put off till tomorrow what you can do today. Many consequences can arise when one procrastinates. An example of this is found in Shakespeare#8217;s Hamlet through the depiction of the central character. Although Hamlet is characterized as daring, brave, loyal, and intelligent, he is overwhelmed by his own conscience. The tragic hero is defined as one whose downfall is brought about due to their tragic flaw. Hamlet#8217;s inability to actRead MoreBe Responsible and Take Action in Shakespeare, Aeschylus and T. S. Eliot Literature1132 Words   |  5 PagesShakespeare along with Aeschylus and T. S. Eliot use character from each of their respectable work including Hamlet, Agamemnon and The Love Song of J. Alfred Prufrock to demonstrate one must responsibly be able to decide and take action in desperate times in order to prevent tragedy or greater loss. Through the text of these three prominent literacy works from the ancient history to the 1900’s, one e lement that is evident in all three literature works is hamartia, which is directly related to the

Wednesday, December 11, 2019

Torts and Contract

Question: Discuss about the case study for Torts and Contract. Answer: Based on the facts, the following issues needs to be addressed: 1. Whether, the contract between Adam and Jessa is valid and enforceable. 2. Whether, Jessa is liable of making the payment to Adam the value of $10,000. The factor whether the contract that exists between the two is valid or enforceable depends on upon the discussion of the elements that are to be present in a valid contract that can be enforced in the court of law. There are several elements of a valid contract. Those elements are an offer, acceptance, consideration, legal age and intention. In the case of Jessa and Adam, there was existence of offer, acceptance, consideration, legal age and intention. A contract can be defined as a promise or a set of promises, which is enforceable by law. However, due to the presence of certain factors, the contract may become undermine and the execution of the contract may be hampered. These factors are known as vitiating factors such as misrepresentation, mistake, duress and illegality. In the present case, Adam was aware that there is likelihood that Hannah may file a case against him for infringing rules related to council regulations. This worried Adam and he decided to sell the house to Jessa. Jessa was completely unaware of the differences that had taken place between Adam and Hannah and neither did he inform her about it. However, Jessa on a later date did not purchase that house, but Adam should have informed Jessa of the actions that may cause infringement of Council regulations. For this, Adam may be held liable for misrepresentation as he induced Jessa in forming contract of sale with her without showing to her the disadvantages related to this contract. Additionally, Adam can also be held liable for unconscionable contract, as Adam included a term in the contract, which can be regarded by law as unjust and unreasonable, that is if Jessa would not be able to secure a satisfactory finance she will have to pay Adam a compensation of 10,000 dollars. Such term s are regarded as unconscionable term in the eyes of law. A similar dealing was seen in the case of ASIC V. Lux , the Court held that the terms of the contract of sale with the buyer were unconscionable in nature as it was unlawful and unjust. In the same way, the imposition of 10,000 dollars can be considered by the Court as unconscionable, as Adam would not suffer any direct loss from the breach of contract. Hence, Jessa cannot be held liable for payment of 10,000 dollars to Adam, as there was no valid contract between Adam and Jessa due to the presence of vitiating factors in the contract. Rescission means demonstrated avoidance of a voidable contract. The rights and obligations of parties to the contract remain in force, until the innocent party chooses to rescind the contract. The moment rescission comes into force; the existing contract becomes invalid and non-enforceable. A misrepresentation that is made negligently or fraudulently that leads to change of position of the representee by relying on the statement of the representator is known as actionable misrepresentation. Hence, contract rescission means cancellation or termination of contract. The purpose of rescinding a contract is to restore the parties to their original status before the contract was made. Rescission is used as a remedy in cases where there were issues with the formation of contract. For cancellation of contract, the Judge must determine that there are sufficient reasons for cancellation of contract. A contract cannot be cancelled only because the parties to the contract changed their mind, there should be sufficient grounds for a contract to be rescinded. in the following circumstances, a contract may be rescinded: Consent: When both the parties to the contract, show their intention of rescinding the contract, a contract may be rescinded. However, mutual rescission of contract requires presentation of written document signed by both the parties. Issues with formation of contract: a contract cannot obtain a legal status if acquired by fraud or coercion. If a contract is formed under illegal conditions such as fraud, lack of capacity, misrepresentation or mistake, a contract may be rescinded. Consideration: a contract may be rescinded when there are issues with consideration of contract that is if the consideration is not adequate or is illegal. In such cases, contract may be rescinded. In the case of Adam and Jessie, there were issues with their contract since the incorporation of contract. The contract that existed between Adam and Jessa had vitiating factors in it making the contract unenforceable and illegal. In the case of Museprime Properties v. Adhill Properties, it was held that any misrepresentation that induces a person to enter into a contract should be a ground for rescission of contract. If the misrepresentation induced a person to enter into a contract, depending on the representation made by the representator, the representee may rescind the contract. Hence, Jessa can rightfully rescind the contract as her contract was not valid due to the presence of misrepresentation in it. The law relating to contractual penalties is a development of common law in England without the intervention of statutes. Penalties in English law are contractual terms that are not enforceable in the Court of law because of their penal character. It has been a matter of the English rule that if a contract contains penalty, then the parties to the contract shall disregard that provision and consider it as unenforceable. However, with the development of the common law the meaning of what shall be regarded as penalty has changed with time. However, apart from the common law rules that relates to onerous provisions, the Unfair Contract Terms also contains provisions relating to extravagant clauses. In the case of Parking Eye v. Beavis, the Court held that an unfair term of the contract could not be enforced by any of the parties to the case. In this case, the defendant was held liable for payment of 85 pounds since he overstayed the two hour parking limit in a car park at a retail outlet. The claimant filed a suit against the defendant for obtaining the sum from him as it caused indirect loss to the claimant. The Court, initially, agreed with the claim of the plaintiff and ordered the defendant to pay the sum of compensation; however, the defendant in response to this stated that the claim made for compensation actually exceeded the loss for which he was held liable[10]. The claimant requested the Court to consider the principles of extravagance and unconscionability, and that their charges did not comprise of these. Though the claimant did not suffer any direct loss, however, if the claimant did not regulate the use of the car park, he would be at the risk of losing its contra ct with the landowner. Hence, the Court held the terms of the contract as valid, fair and not extravagant and hence ordered the defendant to pay the compensation. Likewise, in the case of Adam and Jessa, Jessa receives a notice from a local council that informs her that the council is ordering immediate cessation of the activities at Brownstone. Jessa suffers losses because of this. Particularly, she faces loss of contract to make an entire set of lounge for 150,000 dollars, loses existing clients of 10,000 dollars, and incurs medical expenses of around $3,000. Hence, Jessa may file a case against Adam for compensation for the losses she has suffered. In this case, the Court will have to review extravagant and exorbitant clauses and will assess if the compensation claimed by Jessa is in excess of the losses she has suffered. If the answer to this question is no, then the Court may pass on order to Adam for payment of the compensation along with the penalties for misrepresenting facts of the case. In the case of AMEV UDC Finance Ltd v. Austin, Justice Mason and Justice Wilson held that since the establishment of the judicial system, a penalty provision is regarded as unenforceable. The reason behind this was that since a clause that contains penalty is used as a defense to the claim of contract, one might declare it as unenforceable and void. In the case of Mardessi, the Supreme Court laid emphasis on the word unenforceable rather than making the contract void. References: Bant, Elise, and Michael Bryan. "Fact, Future and Fiction: Risk and Reasonable Reliance in Estoppel."Oxford Journal of Legal Studies35.3 (2015): 427-452. Brereton, Paul. "Binding or bound to fail?: Equitable remedies and rectification of financial agreements."Australian Family Lawyer23.2 (2013): 31. Fu, Junwei. "Freedom of Contract in the EU and China."J. Int't Com. L. Tech.8 (2013): 274. Hoffer, Peter Charles. "Principled Discretion: Concealment, Conscience, and Chancellors."Yale Journal of Law the Humanities3.1 (2013): 4. Hunter Jr, Richard J. "Statutory Override of an as Is Sale: A Historical Appraisal and Analysis of the UCC, Magnuson-Moss, and State Lemon Laws, A."U. Mass. L. Rev.11 (2016): 44. Jiang, Hao. "The Fictitious Freedom to Contract Around Fraud under Delaware Law. pdf." (2016). Rodrigo, Thanuja. "Toward Fairness in the Guarantee Market: The Rationale for Expanding Interventions from Fraud to Unconscionability in the Enforcement of Demand Guarantees."Int'l Trade Bus. L. Rev.16 (2013): 225. Rycroft, Alan. "Settlement and the law."S. African LJ130 (2013): 187. Stoop, Philip N. "The Consumer Protection Act 68 of 2008 and procedural fairness in consumer contracts."PER: Potchefstroomse Elektroniese Regsblad18.4 (2015): 1092-1124. Thanasegaran, Haemala. "Utmost Good Faith and Takaful in Malaysia."Good Faith in Insurance and Takaful Contracts in Malaysia. Springer Singapore, 2016. 145-165. Travalio, Gregory M., and Mark Troutman.Anderson's Ohio Consumer Law Manual. LexisNexis, 2012.

Wednesday, December 4, 2019

The Leopard Shark Essays - Carcharhinidae, Shark, Leopard Shark

The Leopard Shark Leopard Shark (Triakis semifascicata) Family Carcharhinidae (requiem sharks). Order Chiamydoselachiformes The Leopard Shark (Triakis semifascicata) is in the Family of Carcharhinidaes (requiem sharks). Carcharhinidaes are the largest family of sharks in numbers. This family consists of bull sharks, sandbar sharks, tiger sharks, great blue sharks and more. The Leopard shark (Triakis semifascicata) grow to 7 feet and are heavily marked with black crossbars and blotches. Their teeth are short, broad and triangular shaped. The Leopard sharks (Triakis semifascicata) are active, fast sharks. They are nomadic, schooling sharks that roam inshore sand flats and rocky areas. They are known to feed on soles, bivalves, crustaceans, and other small bottom dwelling fish. Sharks have been around for 400 million years and out of that 400 million years about 100 million years the sharks and their close relatives have been closely unchanged in appearance. There are about 900 species of sharks and their close relatives. There are about 400 species of sharks and more are been found and added to the list. What makes a shark a shark? First it's skeleton is made of cartilage, which is lighter, tougher, and more flexible than bone. The most noticeable difference is its teeth. They're jaw is lined with teeth, acting as a conveyor belt with new teeth replacing the old, broken and lost teeth. As a matter of fact their entire body is covered in tiny tooth-like scales called dermal denticles, which, unlike those of bony fish, do not enlarge while the animal is growing larger. Another difference is that fertilization takes place inside the female with 1 of the2 claspers inserted into her. The males use the claspers to inject the semen into her. The claspers are extensions of the pectoral fins. Unlike bony fishes, which usually spawn in great masses of tiny, immature young, most sharks produce large, well-developed offspring numbering, at the most, 100 to a litter. Most sharks are ovoviviparous, hatching the eggs within the female and bearing live young. Some sharks are oviparous, however, laying their eggs externally. The eggs are often encased in leathery shells with tendrils that anchor them to rocks or seaweed. Others species of sharks are viviparous. Which means the yolk sac becomes a yolk placenta in the folds of the uterine wall and gives nutrients to the embryo. Embry onic development takes more than six months. The young are frequently born in protected closer to shore areas away from the males. Sharks commonly fast for long periods during the breeding season and live on the vast reserves of lipids stored in their livers. This helps the sharks survive because it decreases cannibalism from the mother. The shark's tail is asymmetrical, with the vertebral column extended into the upper lobe. The fins and tails of sharks are rigid. Going against the popular image, the dorsal fins rarely project above water when the fish are close to the surface. They have strong digestive enzymes and a specialized epithelial fold that spirals the length of the small intestine, enabling the fishes to absorb a great diversity of foods. Sharks, to a large extent, are scavengers, eating injured fish, garbage, and other waste from ships as well as animals such as seals, turtles, birds, whales, crabs, and a wide range of fishes. The most interesting difference is called t he Ampoules of Lorenzini, which detect faint electrical currents from other fish. All living things generate electrical fields due to the contracting of muscles and sharks have adapted to being able to use this as an advantage to find prey. Sharks have a very excellent sense of smell. They are able to detect small substances, such as blood in water and trace them to their source. Their sense of sigh allows the shark to catch dim movements of shadow and light in dark waters as it approaches its prey. Sharks are particularly sensitive to sounds of low frequency and have fine directional hearing. Organs along their lateral lines and on the snout enable sharks to pick up weak electrical stimuli from the muscle contractions of bony fish. Their combination of keen senses accounts for the evolutionary success of sharks. The sharks also do not obtain a swim bladder, so they seem to be in constant motion.