En Europe Du Dix Huitieme Siecle - 725 Words

En Europe du dix-huitià ¨me sià ¨cle, les Amà ©riques reprà ©sentaient la promesse de longue date d une nouvelle et plus lumineux avenir pour l humanità ©. Le Nouveau Monde a attirà © clergà © à   la recherche de convertis, marchands à   la recherche de richesses, et d innombrables aventuriers à   la recherche d une nouvelle aventure. Dans le chapitre 10, Candide exprime l espoir que le Nouveau Monde est le monde parfait Pangloss parlà ©, depuis l Ancien Monde ne est clairement pas. Au XVIIIe sià ¨cle, cependant, le cà ´tà © sombre de la colonisation avait dà ©jà   à ©mergà ©. Personnes formà ©es connaissaient les horreurs de l esclavage, l oppression des indigà ¨nes, et les maladies transmises par contact inter-culturelle (dont la syphilis de Pangloss est un exemple). Dans ces chapitres, et celles qui suivent, Voltaire dà ©peint les Amà ©riques une rà ©gion profondà ©ment corrompu, par les vices de l Ancien Monde. La rà ©bellion au Paraguay expose l hypocrisie et intrigues de la politique sud-amà ©ricains. Les prà ªtres jà ©suites mà ¨nent une rà ©volte des peuples indigà ¨nes contre le gouvernement colonial espagnol, mais les jà ©suites ne se battent pas pour le droit à   l autonomie gouvernementale pour ces indigà ¨nes opprimà ©s. L attitude de la Biglugs vers jà ©suites, il est clair que les peuples autochtones ne se sentent pas la parentà © avec les prà ªtres qui prà ©tendent se battre pour eux. Au lieu de cela, les jà ©suites exploit simplement les rebelles dans une campagne avide de saisir la richesse et le pouvoir des mains du

The Eating Disorder Anorexia Nervosa Essay example

The Eating Disorder Anorexia Nervosa Anorexia nervosa is a relentless pursuit of excessive thinness that interferes with the fulfillment of responsibilities to the self and to others because it produces an intense and irrational fear of becoming fat, an obsession with food and weight control, and a life threatening weight loss. Eventually, a series of starvation-induced physical and psychological changes threatens control over eating and motivates more conscientious efforts to reduce. The result is a truly vicious circle of weight loss, hunger, and fear that will become a deadly noose if the process is not acknowledged and reversed. Usually the condition occurs during early adolescence to young adulthood,†¦show more content†¦Sometimes fasting is interspersed with periodic binging and purging (see Bulimia), particularly when trying to regain normal eating habits. About half of all anorexics become bulimic at some point. There is a strong association between eating disorders and depression. Anorexics tend to come from families that have high standards of achievement, and they are often perfectionists, compulsive in many aspects of their life, especially school. Denial often accompanies their intense focus on remaining thin: Anorexics will typically refuse to admit that anything is wrong, and they may become angry or defensive at expressions of concern by others. Usually the condition occurs during early adolescence to young adulthood, although it may strike later. Some 90 percent of sufferers are female; about 1 percent of American women are afflicted. Anorexia is dangerous, and professional help should be sought early. Prompt treatment will usually keep the condition from progressing, but some cases are very resistant to treatment and may require hospitalization. Some anorexics die from complications. Anorexia is believed to be primarily an illness of the mind or illness of psychological origin; however, it has significant medical and physical consequences. Often it begins with a relatively normal desire to lose a few pounds. But because dieting only temporarily relieves underlyingShow MoreRelatedEating Disorder : Anorexia Nervosa1622 Words   |  7 Pages Bulimia Nervosa To be diagnosed with eating disorder, someone must meet certain criteria. The criterion for diagnosis slightly varies depending on if you are referring to people who (A) fear gaining weight, and have significant weight loss,(B) eating a huge amount of food , then use laxative to remove the binged food, (C) the use of excessive exercise and fasting in order to remove or to reduce the amount of calories consumed, and (D) distorted body image, no matter how thin they become, theyRead MoreEating Disorder : Anorexia Nervosa1658 Words   |  7 Pagesbeen affected by this disorder. The specific disorder that is being referred to in this paper, an eating disorder, is Anorexia Nervosa, the restricting type. An eating disorder â€Å"involve[s] disordered eating behaviors and maladaptive ways of controlling body weight† (Nevid, Rathus, Greene, 2014, p. 335). Another well-known eating disorder is Bulimia Nervosa which is characterized by binging and purging (Nevid, Rathus, Greene, 2014, p. 338). Bulimia is different than anorexia since victims of bulimiaRead MoreEating Disorders And Anorexia Nervosa Essay1948 Words   |  8 Pagesnotion of an â€Å"ideal† body and eating disorders, there is no consensus as to the root cause of eating disorders. The general belief is that eating disorders result from one or more biological, behavioral, and social factors including genetics, unpleasant experiences/trauma, peer pressure, teasing, and family members with eating disorders, among others. There are numerous types of eating disorders. Both women and men are affected by eating disorders each day. Eating disorders can occur from an early ageRead MoreEating Disorders : Anorexia Nervosa1493 Words   |  6 PagesIllness Paper – Anorexia Nervosa February 28, 2016 According to the Mayo Clinic (2016), eating disorders are â€Å"conditions related to persistent eating behaviors that negatively impact your health, your emotions, and your ability to function in important areas of life.† One such eating disorder is anorexia nervosa. Not to be confused with anorexia, which is simply a general loss of appetite that can be attributed to many medical ailments, anorexia nervosa is a serious eating disorder and mental illnessRead MoreEating Disorders: Anorexia Nervosa1653 Words   |  7 PagesAnorexia Nervosa Anorexia Nervosa is one of several subtypes descending from feeding and eating disorders. It is a crippling life-threatening condition marked by a patient placing restriction on energy intake relative to needed energy requirements, resulting in a relentless pursuit of low body weight in the context of age, sex, development and physical health. According to American Psychiatric Publishing of diagnostic and statistical manual of mental disorders (DSM-5) â€Å"Anorexia Nervosa, often timesRead MoreEating Disorders And Anorexia Nervosa947 Words   |  4 PagesEating disorders such as anorexia nervosa, bulimia nervosa, and binge eating disorder consist of emotions, attitudes, and behaviors surrounding weight and food issues. Up to 24 million people of all ages and genders suffer from an eating disorder in the U.S (ANAD, n.d.) bulimia nervosa as well as the other eating disorders are considered to be a female eating disorder, a disorder that only affects women which limits males to seek treatment let alone make aware to other that they suffer from bulimiaRead MoreEating Disorders : Anorexia Nervosa974 Words   |  4 PagesI have always been intrigued with eating disorders, particularly Anorexia Nervosa. When I was 18 years of age, my mother questioned whether or not I was Anorexic and she took me to the family practitioner, who then informed me that I was three pounds shy from being considered underweight. I knew I was thin, but I was really thin, but also really proud of my size. In an African American urban environment being thin was related to illness and drug abuse. I was often teased about how thin and fragileRead MoreEating Disorders : Anorexia Nervosa889 Words   |  4 PagesANAD Eating Disorder Statistics about thirty million people in America of all ages and genders suffer from one of the three main eating disorders. Many people suffer from more than one of the eating disorders. Only 1 in 10 individuals receive the treatment that is needed to recover(AND A). Often eating disorders are known to be triggered by outside factors in their life, but studies show that it is more likely to be a part of their genetics. According to Webster the definition of an â€Å"Eating Disorder†Read MoreAnorexia Nervosa- Eating Disorder1685 Words   |  7 PagesEffects of anorexia are mostly seen on the outside of the victim’s body, but do not be fooled. This detrimental eating disorder affects one’s mind just as much as it would the body. What Anorexia does to the mind is that it distorts the way one views their body. Victims of anorexia become fixated on their body image and overly critical about their flaws and weight. Even being obviously underweight, Anorexics will continuously deny that they have a problem and continue with their fatal practices.Read MoreEating Disorders : Anorexia Nervosa1462 Words   |  6 Pagessuffer from many illnesses, one in particular is eating disorders. There are many types of eating disorders, but there are three common ones that are known today, which are anorexia nervosa, bulimia nervosa, and binge-eating disorder. Eating disorders are not healthy, thi s type of disease can be very fatal and crucial to one s health   mentally, physically, and socially. The purpose of this report is to provide background information about eating disorders, strategies to prevent this illness from occurring

The Decree Abolishing the Feudal System, August 11, 1789 Free Essays

The Decree Abolishing the Feudal System, August 11, 1789 The abolition of the feudal system, which took place during the famous night session of August 4-5, 1789, was caused by the reading of a report on the misery and disorder which prevailed in the provinces. The National Assembly, in a fervor of enthusiasm and excitement, straightaway abolished many of the ancient abuses. The document here given is the revised decree, completed a week later. We will write a custom essay sample on The Decree Abolishing the Feudal System, August 11, 1789 or any similar topic only for you Order Now ARTICLE I. The National Assembly hereby completely abolishes the feudal system. It decrees that, among the existing rights and dues, both feudal and censuel, all those originating in or representing real or personal serfdom shall be abolished without indemnification. All other dues are declared redeemable, the terms and mode of redemption to be fixed by the National Assembly. Those of the said dues which are not extinguished by this decree shall continue to be collected until indemnification shall take place. II. The exclusive right to maintain pigeon houses and dovecotes is abolished. The pigeons shall be confined during the seasons fixed by the community. During such periods they shall be looked upon as game, and every one shall have the right to kill them upon his own land. III. The exclusive right to hunt and to maintain uninclosed warrens is likewise abolished, and every landowner shall have the right to kill, or to have destroyed on his own land, all kinds of game, observing, however, such police regulations as may be established with a view to the safety of the public. All hunting capitaineries, including the royal forests, and all hunting rights under whatever denomination, are likewise abolished. Provision shall be made, however, in a manner compatible with the regard due to property and liberty, for maintaining the personal pleasures of the king. The president of the Assembly shall be commissioned to ask of the king the recall of those sent to the galleys or exiled, simply for violations of the unting regulations, as well as for the release of those at present imprisoned for offenses of this kind, and the dismissal of such cases as are now pending. IV. All manorial courts are hereby suppressed without indemnification. But the magistrates of these courts shall continue to perform their functions until such time as the National Assembly shall provide for the establishment of a new judicial system. V. Tithes of every description, as well as the dues which have been substituted for them, under whatever denomination they are known or collected (even when compounded for), possessed by secular or regular congregations, by holders of benefices, members of corporations (including the Order of Malta and other religious and military orders), as well as those devoted to the maintenance of churches, those impropriated to lay persons, and those substituted for the portion congrue, are abolished, on condition, however, that some other method be devised to provide for the expenses of divine worship, the support of the officiating clergy, for the assistance of the poor, for repairs and rebuilding of churches and parsonages, and for the maintenance of all institutions, seminaries, schools, academies, asylums, and organizations to which the present funds are devoted. Until such provision shall be made and the former possessors shall enter upon the enjoyment of an income on the new system, the National Assembly decrees that the said tithes shall continue to be collected according to law and in the customary manner. Other tithes, of whatever nature they may be, shall be redeemable in such manner as the Assembly shall determine. Until this matter is adjusted, the National Assembly decrees that these, too, shall continue to be collected. VI. All perpetual ground rents, payable either in money or in kind, of whatever nature they may be, whatever their origin and to whomsoever they may be due, . . . shall be redeemable at a rate fixed by the Assembly. No due shall in the future be created which is not redeemable. VII. The sale of judicial and municipal offices shall be abolished forthwith. Justice shall be dispensed gratis. Nevertheless the magistrates at present holding such offices shall continue to exercise their functions and to receive their emoluments until the Assembly shall have made provision for indemnifying them. VIII. The fees of the country priests are abolished, and shall be discontinued so soon as provision shall be made for increasing the minimum salary [portion congrue] of the parish priests and the payment to the curates. A regulation shall be drawn up to determine the status of the priests in the towns. IX. Pecuniary privileges, personal or real, in the payment of taxes are abolished forever. Taxes shall be collected from all the citizens, and from all property, in the same manner and in the same form. Plans shall be considered by which the taxes shall be paid proportionally by all, even for the last six months of the current year. X. Inasmuch as a national constitution and public liberty are of more advantage to the provinces than the privileges which some of these enjoy, and inasmuch as the surrender of such privileges is essential to the intimate union of all parts of the realm, it is decreed that all the peculiar privileges, pecuniary or otherwise, of the provinces, principalities, districts, cantons, cities, and communes, are once for all abolished and are absorbed into the law common to all Frenchmen. XI. All citizens, without distinction of birth, are eligible to any office or dignity, whether ecclesiastical, civil, or military; and no profession shall imply any derogation. XII. Hereafter no remittances shall be made for annates or for any other purpose to the court of Rome, the vice legation at Avignon, or to the nunciature at Lucerne. The clergy of the diocese shall apply to their bishops in regard to the filling of benefices and dispensations, the which shall be granted gratis without regard to reservations, expectancies, and papal months, all the churches of France enjoying the same freedom. XIII. [This article abolishes various ecclesiastical dues. ] XIV. Pluralities shall not be permitted hereafter in cases where the revenue from the benefice or benefices held shall exceed the sum of three thousand livres. Nor shall any individual be allowed to enjoy several pensions from benefices, or a pension and a benefice, if the revenue which he already enjoys from such sources exceeds the same sum of three thousand livres. XV. The National Assembly shall consider, in conjunction with the king, the report which is to be submitted to it relating to pensions, favors, and salaries, with a view to suppressing all such as are not deserved, and reducing those which shall prove excessive; and the amount shall be fixed which the king may in the future disburse for this purpose. XVI. The National Assembly decrees that a medal shall be struck in memory of the recent grave and important deliberations for the welfare of France, and that a Te Deum shall be chanted in gratitude in all the parishes and the churches of France. XVII. The National Assembly solemnly proclaims the king, Louis XVI, the Restorer of French Liberty. XVIII. The National Assembly shall present itself in a body before the king, in order to submit to him the decrees which have just been passed, to tender to him the tokens of its most respectful gratitude, and to pray him to permit the Te Deum to be chanted in his chapel, and to be present himself at this service. XIX. The National Assembly shall consider, immediately after the constitution, the drawing up of the laws necessary for the development of the principles which it has laid down in the present decree. The latter shall be transmitted by the deputies without delay to all the provinces, together with the decree of the 10th of this month, in order that it may be printed, published, read from the parish pulpits, and posted up wherever it shall be deemed necessary. How to cite The Decree Abolishing the Feudal System, August 11, 1789, Essay examples

Name of student free essay sample

The siblings Rosa and Enrique cannot be strictly called emigrants or refugees because of the rather peculiar nature of their emigration. They are emigrants because they wish to have a better life far away from their village where they were peasant farmers. They possibly may be called refugees because they had to leave their village to spare their lives. For the sake of proper designation by the authorities, they could be called refugees as they are more that than just emigrants.. Their journey to the north was fraught with difficulties at every turn. At first they met with a coyote Jaime, who appeared to be kind to them and actually took them across the border only to try to rob them when he thought their guard was down. They were apprehended by the border authorities and were sent back to Tijuana where they failed to convince authorities that they were Mexicans. We will write a custom essay sample on Name of student or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page On getting to Tijuana, they had no source of income and Rosa had to resort to stealing in order to feed herself. Eventually they met the coyote who was able to take them to the US, they had to sell their mothers chain which probably was the last thing they had to remind them of her and symbolically they parted with the last thing that linked them with their village. To get to the US, they had to go through a sewer pipe that was rat infested in almost total darkness for hours on end that was a horrible experience. It was not all bad anyway, not long after they left their village they tried to stow inside a truck, and the friendly driver asked them to join him in front on the drive to Oaxaca. Besides, he gave them a crash course for being Mexicans or at least coming of as ones. That proved to be a very valuable lesson later on. They met one person who helped them to rent out an apartment when they got to California, and the same person presented Enrique a job offer in Chicago. At the same time, Rosa met a nice lady Nacha who helped her by giving advice and the basic notions about the life in the US as an undocumented immigrant. In order not to have great problems they began taking English classes and proved to be good students, they were hard orking and did not expect that anything could happen to them. This movie evokes sympathetic feelings to undocumented emigrants, having been given a behind the scenes look into their stories. Granted that all of them might not have such dramatic stories in their lives, it is worth noting that in spite of the legality or otherwise of their status under it all, they are just regular people with hopes dreams and aspirations who just purs ue a better life or who are actually running away from a real imminent threat to their lives. And this situation they find themselves in puts them in a very vulnerable state where they can be exploited and victimized by people who have real or imagined issues with their stay in the US. Watching this movie has softened my opinion of immigrants. They may not have the correct documentation, but they deserve a chance to improve their lives.

A Scanner Darkly Essays

A Scanner Darkly Essays A Scanner Darkly Essay A Scanner Darkly Essay Ashlyn Phillips Mr. Flanigan/ Dystopian Literature Period 2 December 4, 2012 Who Are You? As young children we begin to develop a personality, one that is based off of the people we are surrounded with. When identifying who we are as people, physical appearance is less important in comparison to our spirits and mindsets. The body serves only as a shuttle for our spirits and minds, without these two assets our bodies would simply only be empty shells. In Philip K. Dick’s A Scanner Darkly, the protagonist, Bob Arctor, has fallen victim to a highly addictive drug called Substance D, which has the side effect of splitting the personality in one’s mind. In dealing with the abuse of this drug, Arctor begins to lose himself and forgets what really makes him who he is. Our souls, character and appearance determine who we are as people, without these three attributes it would be very difficult to differentiate between one human from the next. The brain begins to develop in the first trimester of pregnancy, even as fetuses we are able to think and begin to develop our personalities inside the womb. As we enter the world and begin living, our surrounding environments control the outcomes of our minds, bodies and spirits. If you are born into a wealthy family, it is more than likely that you will live a wealthy lifestyle; if you are born into a poor family, it is more than likely that you will live a poor lifestyle. In society, we are first identified by how much money we have, then by how we look and at last we begin to learn more about each other to identify who our characters are through how we wish to portray ourselves. Our personalities begin to develop when we are first able to open our eyes, smile and really when we begin to communicate with each other. From there we begin to learn what we like to do in life; whether it be dancing, singing, painting, playing sports, etc. These attributes are major when identifying a person. Our spirits begin to develop at an early age and although they can be slightly altered as life goes on, we never really change entirely. One can be judged by their physical appearance and be separated from one person to the next simply based on that, however, if asked who Bob Marley is as a person, the answer would be far more detailed than if only asked what he looks like. Personality and character traits are really the basis of determining who we are as people. If a set of identical twins were put in the same room together and a group of people were asked to differentiate between Sarah and Mary, they would only be able to based on appearance. The more in depth question would be, how can you tell who Sarah is and who Mary is? In answering this question many key attributes are discussed such as, Sarah may be more energetic, loud, creative, talkative, religious and athletic than Mary, allowing for their friends to automatically know who is who when confronted by either twin. Personality always gives the answer. If the personality changes or begins to morph into two different sides, determining who someone is becomes a very difficult task. In A Scanner Darkly, Fred goes undercover as a drug addict in order to solve a major case but in doing so, he himself becomes addicted to the drug and his personality begins to split into two different people, Fred and Bob; Fred being the undercover cop and Bob being the addict. As Fred’s life morphs into Bob’s, he begins to lose himself entirely and the world as he knew it before completely changes into something different than he thought. â€Å"He will sink into a needle-and-a-spoon existence, or bounce off the walls in a psychiatric hospital or, worst of all, a federal clinic†¦And all this will occur deliberately, someone figured out what he was doing and then got him this way. The worst way of all: with the stuff they sell that he was after them for selling. (86) His personality can no longer be analyzed because he thinks as two entirely different people as if he has two separate brains in one head. Clearly this is an issue due to the fact that we are recognized by our personalities. If two personalities are competing against one another inside of one mind, there is no way to really know who that person is. Fred loses himself in Bob’s world and the drug becomes more important than anything else, as it usually does inside the mi nd of a drug addict. Without the soul, the body is like a light bulb without electricity. The soul gives the body meaning and purpose, without it there would only be boys and girls, not unique individuals with their own characteristics. The soul carries along every memory, experience, encounter, and detail of each person in the world. A wise soul will think beyond their years, a young soul will stay a teenager at heart forever and an evil soul will end up in the dark side of life and all of these souls grow through life experiences and will only be influenced by these experiences. The soul in one person does not change entirely through life experiences it can only change slightly by being influenced by those around us. In determining who we are as people, the soul is the key ingredient and it should be the first thing that is analyzed from one human being to the next. More often than not, looks do not matter, it is what lies within ourselves that determines who we are as individuals.

Nomination Process for Supreme Court Justices

Nomination Process for Supreme Court Justices The nomination process for Supreme Court justices begins with the departure of a sitting member of the high court, whether by retirement or death. It is then up to the president of the United States to nominate a replacement to the court, and the U.S. Senate to vet and confirm his choice.  The nomination process for Supreme Court justices is among the most important obligations on presidents and members of the Senate, in part because members of the court are appointed for life. They dont get second chances to make the right choice.   The U.S. Constitution gives the president and the Senate this vital role. Article II, Section 2, clause 2 states that the President â€Å"shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court.† Not all Presidents have the opportunity to name someone to the court. There are nine Justices, including the chief justice, and one is replaced only when he or she retires or dies. Forty-two presidents have made nominations to the Supreme Court. The president with the most nominations was George Washington, who had 13, with 10 of those being confirmed. The President’s Selection As the president considers who to nominate, investigations of possible nominees begin. The investigations include a probe into a person’s private background by the Federal Bureau of Investigation, as well as an examination of the person’s public record and writings. The list of possible nominees is narrowed, with the goal being to ensure that a nominee has nothing in his or her background that would prove embarrassing and to guarantee that the president selects someone likely to be confirmed. The president and his staff also study which nominees agree with the president’s own political views and which ones would make the president’s supporters happy. Often a president confers with Senate leaders and members of the Senate Judiciary Committee before selecting a nominee. This way the president receives a heads-up on any potential problems a nominee may face during confirmation. The names of possible nominees may be leaked to the press to gauge the support and opposition to different possible nominees. At some point, the president announces the selection, often with great fanfare and the nominee present. The nomination then is sent to the Senate. The Senate Judiciary Committee Since the end of the Civil War almost every Supreme Court nomination received by the Senate has been referred to the Senate Judiciary Committee. The committee does its own investigation. A nominee is asked to fill out a questionnaire that includes questions about his or her background and to fill out financial disclosure documents. The nominee also will make courtesy calls to various senators, including party leaders and members of the Judiciary Committee. At the same time, the American Bar Association’s Standing Committee on the Federal Judiciary begins evaluating the nominee based on his or her professional qualifications. Ultimately, the committee votes on whether a nominee is â€Å"well-qualified,† â€Å"qualified,† or â€Å"not qualified.† The Judiciary Committee then holds hearings during which the nominee and supporters and opponents testify. Since 1946 almost all hearings have been public, with most lasting more than four days. The president’s administration often trains a nominee before these hearings to ensure that the nominee does not embarrass himself or herself. Judiciary Committee members may ask nominees about their political views and backgrounds. Since these hearings receive a great deal of publicity, senators may attempt to score their own political points during the hearings Following the hearings, the Judiciary Committee meets and votes on a recommendation to the Senate. The nominee may receive a favorable recommendation, a negative recommendation or the nomination may be reported to the entire Senate with no recommendation. The Senate The Senate majority party controls the Senate agenda, so it is up to the majority leader to determine when a nomination is brought to the floor. There is no time limit on debate, so if a senator wants to conduct a filibuster to hold up a nomination indefinitely, he or she may do so. At some point, the minority leader and majority leader may reach a time agreement on how long a debate will last. If not, the nominee’s supporters in the Senate may attempt to end debate on the nomination. That vote requires 60 Senators to agree to end debate. Often there is no filibuster of a Supreme Court nomination. In those cases, a debate is held on the nomination and then a vote is taken by the Senate. A majority of voting senators must approve the presidents choice for the nominee to be confirmed. Once confirmed, a nominee is sworn into the position of justice of the Supreme Court. A justice actually takes two oaths: the constitutional oath that is taken by members of Congress and other federal officials, and a judicial oath. Key Takeaways: How a U.S. Supreme Court Justice is Nominated Step 1: A sitting justice retires or dies, leaving a vacancy on the bench.Step 2: The president nominates a candidate to replace the departing justice.Step 3: The nominee is vetted by the Federal Bureau of Investigation.Step 4: The Senate Judiciary Committee conducts its own investigation and hearings with the nominee. It will then take a vote on whether to send the nomination to the full Senate for confirmation. If the committee does not approve of the nominee, the candidate is dropped from consideration.Step 5: If the Senate Judiciary Committee approves, the full Senate votes on the nomination. If a majority of the 100-member Senate approves, the nominee ascends to the U.S. Supreme Court.

Strategic Management of Next Plc Case Study Example | Topics and Well Written Essays - 5000 words

Strategic Management of Next Plc - Case Study Example "If only I knew then what I know now, I would have done things differently". (Halbleib, 1993, 803) public constantly makes this statement after they have implemented the incorrect corporate strategies. As we exist in era of entwining complication, acceleration, and ever changing market, making the correct decision is enormously significant for strategic planning. It is fair-haired to state that each organization and individuals have their sole set of strengths, weaknesses, opportunities, and threats. "It is extremely vital that an organization determines its strengths, weaknesses, opportunities, and threats, as well as the competitors". (Halbleib, 1993, 804) by linking the SWOT examines with the fair scorecard, an association can balance its strengths Boosts its competitions' weaknesses, and optimise its opportunities within the market. Next is a UK based vendor contribution stylish, good quality harvest in clothing, footwear, accessories and home products. The group first and foremost operates in the UK. It is headquartered in Ender by, Leicester, and employs about 39,000 people. The group recorded revenues of 3,283.8 million during the fiscal year ended January 2007, a BOOST of 5.7% over 2006. The operating profit of the group was 507.5 million during fiscal year 2007, a boost of 8.2% over 2006. The net profit was 331.5 million in fiscal year 2007, a boost of 5.7% over 2006. Next's Mission Statement Next's mission is to be the natural choice retailer in the UK for fashion aware men & women who expect style, distinction & quality from their clothing Business Description Next is primarily engaged in vending, and customer excellences management. The group operates 480 stores and has operations in the UK, the Middle East, Asia and other European countries. The group giving its services through five business separations: Next retail, Next directory, Ventura, Next sourcing and other. Other segment includes investment in associates; Choice Discount Stores Limited and Cotton Traders Holdings Limited. The Next trade separation is engaged in the vending of fairly priced clothing for men, women and children. It also sells house wares and furniture through 480 stores in the UK and Eire. This separation also has franchisee stores in Europe, Asia and the Middle East. The group currently has 129 franchise stores in the Middle East, Russia (13 stores), Turkey (5), India and Thailand. The Next directory separation markets women's wear, mens wear, children's wear, home products, accessories and jewellery through direct mail catalogues, phone and a transactional website with more than 2 million active customers. The Ventura separation provides call centre and customer support excellences to NEXT and other companies. It operates across many sectors including telecom, utilities, monetary excellences, travel, media and the public sector. Ventura employs about 10,000 people. It has a call centre in the UK and another call centre in Pine, India, which handles business on behalf of Next Directory and two other clients. The Next sourcing separation has operations in Mainland China, Hong Kong, Romania, Sri Lanka, Turkey, the UK and other locations. It is engaged in the design,

Diseases and Disorders of the ear and eye Assignment

Diseases and Disorders of the ear and eye - Assignment Example The paper gives correct and brief answers that help you to learn the material or to prepare for the exam. Describe the three separate parts of the ear. Answer: The three separate parts of the ear are external ear, middle ear and inner ear. The external ear comprises of the auricle, the auditory canal and the drumhead. The middle ear is made up of the ear tube, the mastoid and its ear cells. The inner ear comprises of the bony labyrinth and the membranous labyrinth. The external ear is mainly involved in receiving sound impulses and transmitting it forward. The middle ear is also a conduction system. Differentiate between the two primary types of glaucoma. Answer. The two primary types of glaucoma include open angle glaucoma and angle closure glaucoma. A high intraocular pressure is characteristic of both the types. Open angle glaucoma has a greater frequency of occurrence and it is characterized by a gradual blockage of the drainage of the eye. The angle of the iris and cornea is open and not very narrow and thus it presents chronically. Angle closure glaucoma on the other hand is acute because of the narrowing of the angle that exists between the iris and the cornea. Name the etiologic factors of macular degeneration. Answer: Macular degeneration is mainly an age related pathology which results in complete loss of vision in developed nations. Although no definite causes for the condition have been identified but smoking of cigarettes, raised blood pressure and genetics are known to play a role.

Empires, Product Lines, Stewart Brand and Kevin Kelly Essay

Empires, Product Lines, Stewart Brand and Kevin Kelly - Essay Example What made the British Empire great was the fact that it formed the backbone of industrialization in this world. They were the cornerstone of industrial towns, developed cities and advanced water transport (Black, 2001). Everything the empire’s regime did was stored secretly not wanting any other empire to steal their secrets, which they did extremely well. The Japan Empire The Empire of Japan also known as the Empire of the Rising Sun was both an empire and world power, which existed from the Meiji reinstatement on January 3rd, 1868, to the endorsement of the post-Second World War Charter of Japan on May 3rd, 1947. Colonial Japan's fast militarization and industrialization under the slogan Fukoku Kyohei led to its surfacing as a world power, ultimately culminating in its association in the Axis alliance, as well as the subjugation of a large fraction of the Asia-Pacific expanse. At the summit of its authority, in 1942, the Japanese Empire administered over a land spanning 2,85 7,000 sq mi (7,400,000 square kilometers), which made it one of the leading marine empires in history. The Japan Empire was known mostly for its telecommunication advancement (Black, 2001). The Empire of Japan had a remarkable tally of technological accomplishments, and a remarkably well-equipped military. The army was advanced, but extremely oriental and traditional beyond the rank of other top rated empires. Even though, instead of having bullets, ballistic shells, missiles, warheads and other more straight based weapons, they created hi-tech arms, which armed the Imperial Japanese Forces technical fighting skills needed to defeat any superpower... Empires, Product Lines, Stewart Brand and Kevin Kelly Apple Inc., ever since it started its operation in the 70s, has had a magnificent timeline, which people could consider as a success to the company (Isaacson, 2011). In the 70s, the company produced numerous computing machines such as the Apple I, Apple II, Disk II, which was a driver, and Apple Writer computer software. In the 80s, the firm launched the Apple III computer. It also launched the IB modems, Monitor III, IIA printers, Apple Image writer, Macintosh (128K), AppleColor Composite Monitor and AppleShare Server 1.0. The firm also launched, in the 80s, Macintosh Portable, Apple FDHD SuperDrive and Apple Scanner. In the 90s, the firm launched Macintosh IIfx, Macintosh Classic II, the PowerBook series from 100 to G3, Apple Design Powered Speakers and the Workgroup Server series from 60 to 8550 (Isaacson, 2011). Also, they came up with the Apple Network Server 700/200, eMate 300, Power Macintosh G3 desktop, Power Macintosh G3 minitower, Twentieth Anniversary Macintosh, iMac G3, i Book, iMac (slot loading), Cinema Display (22"), as well as the Power Macintosh G4 Graphite. All these were inventions that took place before the new millennium. They were considered as landmark inventions to such a small established company in the field of IT. However, the 2000s has seen the popularity of Apple Inc. rise to another level. The Big-Kids computing world managed to arbitrate between the numerous computational roles, which could not be reconciled in a more direct manner through making the Apple’s materials a must-have item.

Freedom of contract essay, types of contracts

Freedom of contract essay, types of contracts THE PRINCIPLE OF FREEDOM OF CONTRACT INDEX Summary †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 Introduction †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 3 Giving efficacy to a contract †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 5 The importance of good faith †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 5 Unconscionable bargains †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 6 Unreasonable conditions in the contract of insurance †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 7 ‘Subject to contract’ term †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 8 Exemption clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Contract of sale of goods †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Consumer protection †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10 Standard form contracts †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 11 Exclusion clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 11 Penalty clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 13 Contract of agency †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 16 Tenancy law †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 17 Carriage of goods †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 18 Freedom of contract for players †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 19 Conclusion †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 19 References †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 20 List of case laws †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 20 Summary The premise for the principle of freedom of contract is that the parties could make agreements on a wide variety of subjects and choose those terms that they agree as convenient for the fulfilment of the contract. Court normally refrain from questioning the substance of bargains and would ensure only that the parties have observed appropriate formalities. The principle of freedom of contract is similar to the civil law rule of pacta sund servanda that has regulated the domestic, international and transnational commercial agreements. While interpreting the contract, the courts have to be objective because in the process of interpretation the courts should not create new contracts. Courts would seek to ascertain either what the parties intended or if this is not forthcoming from the terms of the contract then apply the test of how the words would be understood by a reasonable person. Thus contract law is a series of abstractions formed by individual autonomy and judicial deference. But the principle is not unfettered. The legislations limit the scope of contract for protecting social welfare and consumer protection statutes. This gave the courts scope to develop exceptions which is discussed in detail in this paper. Courts began to police the fairness of agreements, developing new doctrines like unconscionability that allowed them to intervene to protect parties with unequal bargaining power. The fact that the principle of freedom of contract continues to share the stage with competing principles should not be surprising. Law always reflects a community’s values and the continuing conflict in our societies between individual freedom and public control[1]. The conflict is unavoidable in a liberal democracy and the best approach is to make reasonable compromise after a case by case analysis. The nature of such compromises will keep changing as the society’s interests evolve leading to the liberal or restricted application of the principle. In this paper the principle of freedom of contract is examined on basis of the hypothesis that the theory of freedom of contract leads the courts to passively enforce the intentions of the parties. In reality, however, the law of contract gives the courts scope to use discretion and do what is fair and reasonable between the parties. However the paper does not conclude that the principle has been watered down by interference from the court of law but has only assisted in exceptional circumstances when the bargaining power of the parties are not the same or when unreasonable and unconscionable contracts are formed. It would be anomalous to conclude that the principle of freedom of contract is far removed from practice. In fact where commercial agreements are entered into by equally competent parties the court do not read anything more to the contract than what was intended by the parties while entering into the contract. The paper examines the principle from general contract law perspective and also analyses special contracts such as the contract of sale, insurance, carriage of goods and agency. Introduction The general principle of the contract law gives prominence to the concept of intention of parties when entering into a contract. This assumption leads to the development of the thought that the parties are individuals with reasoning and are free to enter into any form of contract so long as there is consensus. The intention of the parties is significant in determining whether there is consensus ad idem among the parties entering into the contract. The emphasis on the intention of the parties is logical where a term is implied in fact. Under common law any person is entitled to exercise any lawful trade subject to restraint of trade for public policy reasons. This doctrine extends to contracts restricting the way in which a tradesman carries on business on a piece of land, and to restraints imposed by the rules or practices of professional or other bodies controlling particular activities. In Petrofina (Great Britain) Ltd v Martin[2], it was held that the agreement which restricts the supply of motor fuel only to one particular supplier was valid because it did not affect public policy and parties have voluntarily entered into the contract. The doctrine of restraint of trade whether partial or general restraint, will be good only if they are reasonable and is within the circumscribed limits of the interest of the public, the covenantee and the covenantor. Any restriction upon the freedom of contract to which the restraint of trade doctrine applies must be shown to be reasonably necessary for the purpose of the free dom of trade.[3] A restraint reasonably necessary for the protection of the covenantee must prevail, unless some specific ground of public policy can be clearly established against it. In Russell v Amalgamated Society of Carpenters and Joiners[4] where the area from which the employers, not parties to the agreement, could obtain workmen was held unreasonably restricted. The principle of freedom of contract and the enforcement of contractual promises against the promisor arises out of the economic necessity of compelling observance of bargains and the moral justification that promise was freely given. The evolution of this principle can be traced back to the Slade’s case[5] where the action of assumpsit (where the essence of the undertaking was considered while interpreting commercial contracts) was applied. The action of assumpsit was abolished in the 19th century and left behind the principle of the freedom of contract which evolved over the years with some carve outs and exceptions. The courts still consider the principle of the freedom of contract vital but certain assumptions need to be fulfilled such as equality of bargaining power and legality of the contract. Also to some extent, the law has interfered with[6] or excused a party from literal performance of his promise. This is especially true when we consider the doctrine of frustratio n[7]. Nevertheless it remains generally true that the law of contract does not lay down rights and duties, but rather imposes a number of restrictions subject to which the parties may create by their contract such rights and duties as they wish. Much of the litigation is for determining the construction of the contract to determine what the promisor promised. The earliest case law on the freedom and sanctity of contract was in 1795 in Cutter v Powell where a seaman who was to be paid his wages after the end of a voyage died just a few days away from port. His widow was not able to recover any of his wages because he had not completed performance of his contractual obligation.[8] The civil law principle of pacta sund servanda means the promises and prior commitments must be fulfilled and is similar to the principle of freedom of contract. Pacts and clauses are law between the parties and imply that the non fulfillment of respective obligations is a breach of the pact. The role of the courts is minimal to balance the principle of freedom of contract and protect the weak contracting parties. Giving efficacy to a contract While giving efficacy to contracts, the courts have construed the intention of parties but the courts do not cross the line and create new contracts thereby giving any one of the contracting party a new advantage. A term is implied where it is necessary in the business sense to give efficacy to the contract. The well known tests for construing the contract are: the intention of the parties; or the test of a reasonable person. The intention of parties test bolsters the principle of freedom of contract as the courts would be enforcing obligations on parties as envisaged at the time of entering into the contract. However the second test i.e.: the reasonable person test somehow stands antithetical to the principle of freedom of contract. The test may find use under certain peculiar circumstances, reflecting implications in law. An implied warranty or a covenant in law, as distinguished from an express contract or warranty is really founded on the presumed intention of the parties, and upon reason. The implication which the law draws from what must obviously have been the intention of the parties is drawn with the object of giving efficacy to the transaction. The importance of good faith During the 19th century the English courts had a much more relaxed attitude towards the good faith and other elements of the contract, holding the freedom of contract principle as the sine qua non for parties to deal with the promises made. The courts now strike down agreements on the grounds of illegality, incapacity, mistake, duress, misrepresentation, implied terms, frustration and unfairness. Using the principles of equity, the courts have diminished the severity of the common law principle. The courts look beyond the form of the contract and look at the intention of the parties to construe a contract. According to Professor Summers[9], the American Restatement[10] bestows a general and residual duty of good faith contractual performance which may be enforced in the absence of any more specifically exigible contractual provision or statutory superimposition. But this argument is not without criticism. Without the backing of the good faith principle the principle of freedom of con tract would seem unfettered where the parties are free to write their own contracts and that the law does not have a role to import any terms or conditions other than those expressly agreed or necessarily implied by the parties. Unconscionable bargains The courts have time and again interfered with the terms of the contract even in the absence of duress or undue influence if the terms of the contract are harsh or unconscionable. It not just sufficient to establish that one party has a better bargaining power. It has been held in Burmah Oil Co v Bank of England[11] that equity will not intervene merely because one party has superior bargaining power. There should be some form of economic duress or unilateral mistake as to the terms of the contract. Under English law, relief is given to one, who without independent advice, enters into a contract on terms that are very unfair or transfers property for a consideration which is grossly inadequate, when his bargaining power is grievously impaired by reason of his own needs or brought to bear on him by or for the benefit of the other.[12] There were views based on the thesis that in order to interfere with the principle of freedom of contract on the grounds of unconscionable bargain, ther e should be statutory basis such in the case of unfair consumer trade practices, extortionate credit bargains, swinging exclusion clauses and unfair terms. But subsequent case law decided by the Court of Appeal suggests that the exception to the principle of freedom of contract to protect weaker contracting party (inequality of bargaining power) has survived.[13] The remedies available in respect of unconscionable bargains are subject to the same rules as applicable under undue influence that was laid down in Allcard v Skinner[14]. A party will not be granted relief against an agreement on the basis of unconscionable bargain unless he can show impropriety by the other party in the manner in which the agreement was reached and the terms of the agreement.[15] In Boustany v Pigott[16], the Privy Council laid down the following principle. It is not sufficient to attract the jurisdiction of equity to prove that the bargain is hard, unreasonable or foolish. The party claiming unconscionable bargain has to prove that the contract is unconscionable in the sense that one of the parties has imposed an objectionable term in a morally reprehensible manner that is to say in a manner which affects his conscience. Therefore unconscionable does not just reflect the terms of the bargain but looks at the behavior of the stronger party which may be tainted by moral culpability or impropriety. Unequal bargaining power or objectively unreasonable terms does not provide a basis for equitable interference in the absence of unconscientious or extortionate abuse of power. As a matter of fairness the strong should not be allowed to push the weak to the wall. Thus a contract cannot be set aside as an unconscionable bargain against a party who is not guilty of act ual or constructive fraud. Even if the terms of the contract are unfair in the sense that the contract favors one party more than the other party, equity will not provide any relief unless the beneficiary is guilty of unconscionable conduct. The party seeking the relief must establish unconscionable conduct viz. that unconscientious advantage has been taken resulting in a disabling condition or circumstance. Unreasonable conditions in the contract of insurance A stipulation in a policy may be capricious or unreasonable leading to non enforceability of a fundamental term of the contract. This view does not reconcile with the principle of freedom of contract under English law. This exception is however relevant when the contract terms concluded between an insurer and a consumer is unfair. A condition in an insurance policy which is contrary to public policy is unenforceable, for example a condition by which the insurers impliedly undertake to pay the insured’s personal representatives if the insured under a life policy kills himself while not mentally disordered.[17] But a condition that prevents the policy holder from joining military services is not against public policy i.e.: it cannot be considered that exclusion of cover to a person joining military services cannot be deterrence from performing national duty.[18] Where the conditions are such that it is impossible to perform the conditions from the outset then such conditions are simply disregarded as they are a nullity. ‘Subject to contract’ term ‘Subject to contract’ is a phrase which points to a prima facie evidence for declaring that a concluded contract does not exist. The circumstance in which the parties may enter into such agreement arises when all the terms have not yet been negotiated and agreed. This allows a huge scope for thorough negotiation among contracting parties. However when analyzing some of the case laws one gets an impression that the courts have at times entered into the realm of contracts and added new dimensions to the agreements. In Boyle v Lee[19], Finlay CJ (Hederman J concurring) and O’Flaherty J held that there was no concluded contract because the parties did not agree everything they thought essential. In Embourg case[20] it was held by a unanimous judgment that a contract stated in the documentation such as the estate agent’s and the solicitor’s letters as subject to contracts until the contract is exchanged between the parties and meant that no binding contra ct came into existence because no exchange was made. This was the view the court took despite the fact that both the parties had signed the copies of the formal contract drawn up by the vendor’s solicitors. However a more liberal view was taken in Moran v Oakley Park Developments Ltd[21] where it was held that contract will be enforceable under the doctrine of part performance if the court is satisfied that a concluded oral agreement has been reached between the parties to the contract. Therefore the phrase ‘subject to contract’ purports to deny the existence of the concluded contract and protects the parties in negotiations. The Law Reform Commission also considered the possibility of enforcing such agreements.[22] After examining the implications on the freedom of contract principle the Commission felt that if an agreement were to be enforced as soon as the price were agreed, there would have to be some mechanism for settling other terms. The Commission noted that the Working Group on Land Law and Conveyancing Law had failed to come up with a statutory set of conditions and that a court or arbitrator would be able to settle terms in simple cases only. Generally such phrases like ‘subject to contract’ are seen in contracts of sale. Exemption clause The contract of sale allows for contracting out of the implied terms by express provisions and this is recognized as valid under the Sale of Goods Act 1979. Most of the implied terms deal with the quality of the goods. Under the Sale of Goods Act there are implied terms relating to the title to the goods for the vendor, terms regarding quality and fitness, sale by description implies that the goods match the description and in cases of sale by sample the goods are to match with the sample examined by the purchaser. Under the Supply of Goods and Services Act 1982 there is implied terms relating to care and skill, time of performance and consideration. The habit of ousting the implied terms by express contractual provision had become a widely practiced technique at all levels of commerce, and had received a steadily growing impetus from the ubiquitous appearance of standard contracts on the economic scene. In fact restrictions preventing the use of exemption clause for contracting out of implied terms in a contract of sale can be seen only in cases of consumer sales. However attempts to contract out of the implied term with respect to the title of the property were held to be void in all contracts of sale. Thus a term excluding or restricting the seller’s liability for breach of any of the implied terms would not be enforceable to the extent that it is shown that it would not be fair or reasonable in the circumstance of the case to allow reliance on such terms. Contract of sale of goods The sale of goods is an important branch of the contract law which deals with the sale and purchase of movable assets and relies heavily on the principle of freedom of contract. The seller and buyer normally enter into a contract, oral or written for performing their respective obligations for the purpose of concluding the transaction of sale. The principle of freedom of contract was preserved by the Sale of Goods Act 1893 where it is expressly provided that any right, duty or liability arose under the contract of sale by implication of law could be negatived or varied by express agreement or by the course of dealing between the parties or by usage, if such usage can bind both the parties to the contract. This provision was retained in the subsequent Sale of Goods Act 1979. But the 1979 Act further limited the application of the principle of freedom of contract by subjecting it to the Unfair Contract Terms Act 1977 which limits the extent to which the parties to a contract may negati ve or vary the rights, duties and liabilities arising there from. This principle also finds place in the Supply of Goods and Services Act 1982. Consumer protection The concept of consumer protection gives a different twist to the principle of freedom of contract. Laws that attempted to enforce fair trading was formulated to protect an honest trader from other unfair competing traders. In a consumer level transaction there is significant difference in the bargaining positions of the buyer and the seller. There is no statutory definition for the term ‘consumer’ and in the European Union law the term ‘consumer’ is usually limited to any natural person[23], under English law the term ‘consumer’ is not limited to individuals under the Unfair Contract Terms Act 1977. Even the Consumer Protection Act 1987 contains no statutory definition of the term ‘consumer’. By virtue of the Unfair Terms in Consumer Contracts Regulation 1999, ‘consumer’ means any natural person who is acting for purposes which are outside his trade, business or profession. Standard form contracts The commercial organizations may normally have standard form contracts where the terms are already laid down and it is expected that the party contracting with the commercial organization has to enter into the standard form contract. In such a circumstance there is no scope for any form of negotiation and the principle of freedom of contract is has no application except to the extent that the party may exercise discretion to refuse to enter into the standard form contract. In many cases the standard form is formulated by the trade association or as laid down in the statute. These standard terms may further be circumscribed by the concept of public policy. To an extent the standard form of contract helps to save time and allocate risk appropriately in commercial transactions. Such contracts commonly have certain boiler plate provisions such as the clauses relating to arbitration, consideration, choice of laws, definitions, exclusions, force majeure etc. Since this arrangement affects free negotiability of the terms of the contract, standard forms are subject to the test of reasonableness and some exclusion clauses limited or abrogated. Exclusion clause The exclusion clause is found in a contract where the parties wish to exclude statutory provisions under certain circumstance. Even if the statute does not deal with the status of the exclusion clause, there is no general rule that the courts can interfere to prevent giving effect to the exclusion clause if there is nothing unreasonable or unconscionable. But such exclusion clauses cannot protect a person from his own frauds. Even though the courts do not have a general power to strike out exclusion clauses, the following are some of the situations where the courts of law felt that it was appropriate to interfere with the principle of freedom of contract. A contracting party seeking to rely on an exclusion clause to save himself from liability in contract or tort to the other contracting party must show that it was incorporated as a term of the contract, which usually involves the taking of reasonable steps to bring it to the notice of the other party.[24] Similar principles of incorporation of the terms of the contract apply to the exclusion by non-contractual disclaimer of tort liability.[25] An exclusion clause is to be construed strictly against the party who introduced it and seeks to rely on it[26] (the contra proferentum rule); Whether a clause amounts to an exclusion clause is a matter of substance and effect, so that a similar attitude is taken to indemnity clauses inserted for the same purpose.[27] There is no objection to the public policy grounds to excluding rights of set-off.[28] If an equitable remedy is sought, the discretion of the court cannot be fettered by a contractual provision.[29] Where there is a contract between A and B containing an exclusion clause, a third party, X, will not be allowed to shelter behind the clause in the absence of clear evidence that he is a party to the contract and that the clause was intended to protect him. Similarly the burden of an exclusion clause in such a contract will not generally be imposed on him. The courts may either seek to establish the effect of the contract as a whole, taking into account the exclusion clause in defining the obligations of the parties or the exclusion clause may be regarded as a defence, in which case the court might establish the prima facie ambit of the contractual obligation without the exclusion clause and then consider the effect of the exclusion clause on that prima facie liability.[30] The exclusion clause should be clear to give effect to and to deprive one of the contracting parties of all contractual force with respect to the stipulations in the contract.[31] The task of the courts has been to look at the event and the consequent breach in order to ascertain from the words and conduct of the parties which created the contract between them what their presumed intention was and what should be their legal rights and liabilities whether they should be either original or substituted upon the occurrence of an event of that kind. The basis for the interference to the principle of the freedom of contract is only to the extent of deriving the intention of the parties and determines what was actually excluded and what were retained. Penalty clause Under the law of equity, the contracting party is relieved from the penalty clause where the intention of the penalty is to secure the payment of a sum of money or the attainment of some other object, and when the event based on which the penalty is made payable can be adequately compensated by payment of interest or otherwise. The true ground of relief against penalties arises from the original intention of the parties in the case.[32] In Photo Production Ltd v Securicor Transport Ltd[33] it was held that an agreement must not impose upon the breaker of a primary obligation a general secondary obligation to pay to the other party a sum of money that is manifestly intended to be in excess of the amount which would fully compensate the other party for the loss sustained by him in consequence of the breach of the primary obligation. In Jones v Society of Lloyds[34], Lloyds devised a reconstruction and renewal settlement offer to provide financial assistance to Lloyd’s names in m eeting their accrued liabilities to Lloyds. The settlement included a ‘finality amount’ which was a sum, less than the amount owed by the name, that was required to be paid in order to discharge their liability to Lloyds and a clause in the agreement provided that if an accepting name failed to pay his finality payment then the settlement credits would be lost and he would, therefore, be required to pay the entirety of his liability. It was held that the mechanism was a reverse of the penalty clause and that it was a conditional benefit. Penalty clauses do not find favor before a court of law where it related to penalty in a money bond, payment of money by installments such as hire purchase agreements or for doing or omitting to do a particular act. There should be sufficient reasons for the court to interfere with the freedom of contract and will not generally, merely because a person has made an improvident contract, relieve him from its consequences[35]. The relief is granted only where compensation can be made for the breach. The power to strike down a penalty clause in a contract does not reconcile with the principle of freedom of contract and is designed for the sole purpose of providing relief against oppression for the party having to pay the stipulated sum. It has no application in the cases where there is no oppression.[36] Equity and common law allows interference where the contract is unconscionable or oppressive. Such circumstances arise as a result of : the degree of disproportion between the stipulated sum and the loss likely to be suffered by the plaintiff. This factor is relevant for determining the oppressiveness of the terms of the defendant. the nature of the relationship between the contracting parties. This factor is relevant for determining the unconscionability of the plaintiff’s conduct in seeking to enforce the penalty clause. Before such relief is granted, the courts have to ascertain whether the sum specified in the contract as payable in the event of breach of contract is a penalty or liquidated damages, that is whether at the time of entering into the contract the predominant contractual function of the provision was to deter a party from breaking the contract or to compensate the innocent party for the breach of contract.[37] In Nutting v Baldwin[38]

jeff dahmer :: essays research papers

It's the first week of February and jury selection has begun. Nearly 450 press passes have been distributed to about 100 media outlets from around the world -- from Spain to England to Akron, Ohio. Even when psychologist Judith Becker recounts his lonely and sometimes tragic childhood, Dahmer doesn't show a moist eye. But Becker's anecdotes of the killer's pathetic youth seem to move the audience. She tells of how Dahmer, as a young boy, found a snake and took it to his garage to keep as a pet. The snake, though, wound itself around the spokes of Dahmer's bike and once he went for a ride, the new-found pet was killed. Becker says Dahmer wondered why, of all places, the snake had to go into the spokes and lose its life. A wave of sympathy for the boy Dahmer seems to pass over the spectator section. The audience is snapped out of any sympathetic mindset when the psychologist goes on to tell how young Jeffrey encouraged a childhood friend to put his hand in a hornet's nest. There are only ladybugs in there, Dahmer assured the boy. The friend did what he was told by Dahmer and, of course. was stung. The anecdote prompts Channel 12 reporter Angle Moreschi to let out the loudest guffaw of the courtroom. Even the families of the victims who pack the spectator seats seemed moved by Dahmer's childhood memories, as told by the psychologist. Their sympathy isn't for the killer, though, but for his parents. At day's end, many of them walk up to the Dahmers and talk briefly. As they leave, some of the victims' relatives grab Mr. and Mrs. Dahmer and hug. Lionel and Shari Dahmer sit in the back row, the husband in the aisle seat. They often hold hands during the trial; Mrs. Dahmer, though, sometimes takes notes. For what? Who knows. One afternoon, the defendant's stepmother decides to do her nails and it's enough of a routine change that television cameras capture the "event." The Dahmers try their best to avoid contact with the media and, surprisingly, the reporters oblige: Nobody hounds them for comment. "You could just see how pained his father felt about this," observes one reporter of Lionel Dahmer. While being taken from his cell to the courtroom each day, Dahmer says little to his escorts, if anything. In time, the deputies begin to carry on as if the prisoner is oblivious to their presence.

Survey Report

The aim of this report is to present the findings of a survey carried out in order to determine the public opinion and performance of Lambshorne Town Council. The data included in this report was obtained from a random sample of 1,000 people. Services On the whole, the ratepayers of Lambshorne expressed dissatisfaction with the services provided by the Council. A significant percentage felt that neither refuse collection nor recycling facilities are adequate, as illustrated by the fact that over half of those questioned felt that these are poor. On the other hand, a large proportion of the public was of the opinion that maintenance of public buildings is satisfactory, which is shown by the fact that forty-nine per cent of those questioned expressed their approval. This is further emphasized by the fact that fifty-one per cent of those surveyed commented favorably on the restoration of the Corn Exchange building. Amenities It is generally felt that public facilities are of high standard, as shown by a large proportion of those surveyed expressed satisfaction with amenities. Furthermore, sixty-eight per cent of those questioned indicated the excellent condition of the new sport center. The fact that only eleven per cent of respondents gave a negative response concerning public parks indicates that ratepayers are mainly satisfied with its conditions. Opinion was mixed regarding other amenities, with an almost equal number of â€Å"Good† and â€Å"Poor† assessments. In particular, thirty two per cent of those surveyed mentioned that Maplegrove Housing Estate needs more street lights. Council Efficiency On the one hand, it is generally felt that staff efficiency is not adequate which is shown by the fact that majority of people expressed dissatisfaction with staff efficiency. On the other hand, the significant percentage of those who responded expressed satisfaction with cost efficiency of services. Opinion was mixed regarding the helpfulness of staff, with an almost equal distribution of â€Å"Good† and â€Å"Poor† assessments. The sixty-four per cent of people were of the opinion that Council has too many employees for work done. Recommendations On the bases of the findings on services, it would seem that services provided by the Council need to be improved. The main weaknesses of services are the lack of refuse collection and recycling facilities. As the assessments of amenities indicate, public parks and recreation facilities are satisfactory. My recommendation is, therefore, that more street lights should be set up. Based on the opinion regarding the efficiency, I would recommend that staff efficiency should be revised.

Female Firefighters essays

Female Firefighters essays Concerns about the place of women in the field of firefighting and reasons for denying them positions in the field are unfounded. Women have been in the field of firefighting in the United States since the early 1800s. Physical and psychological testing comparing women with men with respect to firefighting indicate that there are no important differences between the sexes in these regards. Women have gained a solid and permanent place in firefighting, but still trail far behind men in numbers in the field and in positions of leadership. Over the past decade or so, women firefighters have been a topic of considerable interest. Since the affirmative action legislation of the 1960s and 1970s giving women greater opportunities in firefighting, there have been enough stories of individual women in the field and enough statistical data to get an objective picture of the abilities of women with respect to firefighting and of the effect of women on the field. In the past few decades, women have made considerable progress in the field. Practically no one any longer questions their right to be firefighters; and fewer persons question their ability to perform the work of firefighting. Nonetheless, women still face discrimination both as applicants for the field and as members of fire departments. Despite this discrimination, women are steadily strengthening their position from the demonstrated abilities and reliability of numbers of individual women firefighters and from studies and tests concerning women in the field. Women in the field of firefighting have received quite a lot of attention in the media over the past decade or so because of the influence of feminism on society. Along with professions such as police officer and member of the armed services, fire fighter has been one which is especially identified with males. The reason for this identification is that firefighting was presumed to require a certain strength w...

Darren McCarty essays

Darren McCarty essays Darren McCarty was born on April 1,1972 in Burnaby, British Columbia to Craig and Roberta McCarty he also has one sister named Melissa. His wifes name Cheryl and together they have four wonderful kids named Emerson, Avery, Gracyn and Griffin. He is currently a resident in West Bloomfield, Michigan. Other than Hockey Darren enjoys many things such as horses he owns three which are Township Patriot, Condor Rico and Tuffasnailz. His band which is named Grinderand golfing. He is also co-owner of a chain of restaurants called Little Daddys with friend and former teammate Bob Probert. Darren also enjoys watching WWE world wrestling entertainment. His favorite wrestler is Stone Cold Steve Austin. Darren also enjoys playing poker, and attending the drive-in theatre. The McCarty foundation is one of if not his biggest accomplishment inspired by his fathers passing from Myeloma which is a rare bone marrow cancer. His father was diagnosed with it in 1996 and he lost his battle in 1999. The foundation is dedicated to raising money for improving the quality of life of myeloma cancer patients, while working toward prevention and its cure as a gift to his father and other patients. He started his career with the Peterborough Team out of the Ontario Junior Hockey league division B otherwise known as the OJHL-B. Darren started with that team in 1988 and only played one season. He then transferred up to the OHL otherwise known as the Ontario Hockey League to play for the Belleville Bulls. Darren played with them from 1989 until 1992. He then was drafted by the Detroit Red Wings in the second round in which he was the forty-sixth pick overall. After he was drafted he went on to play for the Adirondack Red Wings for one season which was the 1992-93 season. Moving up was in his future and moving up was what he did. Darren went on to play for the Detroit ...

Destination Recent Development for Study Trip Essay

Destination Recent Development for Study Trip - Essay Example spite various advantages that the economy is facing at the recent time, still a careful evaluation is required in order to enhance its growth potentials in the future. International business in Brazil International business describes the overall business transaction occurring between two nations. The objective of every international business transaction is to increase the sales and reduce the amount of risk. BP is reported to increase its business with Brazil in order to produce ethanol from sugarcanes. The company also wants to increase it’s the share in the Bio fuel company in Brazil which is named as Tropical BIO Energia (BP global, 2011). In order to strengthen the countries business relation with the immigrants, the â€Å"Chattanooga area chamber of commerce international business council† is supposed to plan a meeting on 22nd of September (The Chattanooga.com, 2011). Following the regime of globalisation and privatisation, Brazil has been successful in encouraging inflows of private investment in many sectors. In terms of internet development, Brazil is among the most promising nations. Sale of E commerce has doubled over the years. The electronic business sales have also increased in recent times. The mobile phone company in Brazil has expanded too over several years. As per the reports of National telecommunication Agency, a tremendous growth in the data market had taken place. The Anatel statistics reveals that the telecom market plays an important role in increasing the revenue of the nation (The economist, 2011). Recently there has been an agreement between Brazil and America to expand the mainstream business in telecommunications such as the mobile and online business. Previously the combined ventures between the nations have helped in expanding business... Brazil is among the fastest growing economies of the world. The Brazilian economy together with China, India and Russia forms the BRIC nations, which is predicted by the Goldman Sachs to the global powers by 2050. Brazil encourages various foreign investments and is also the major recipient of foreign direct investment. Brazil’s growth potential and high rate of interest makes it an attractive destination for the investors. It is however believed that despite various advantages that the economy is facing at the recent time, still a careful evaluation is required in order to enhance its growth potentials in the future. BP is reported to increase its business with Brazil in order to produce ethanol from sugarcanes. At present Brazil comprises of 37% of the pharmaceutical company of Latin America. Following the regime of globalisation and privatisation, Brazil has been successful in encouraging inflows of private investment in many sectors. Companies all over the world are willin g to expand their business in Brazil due to its excellent market opportunities as well as fine climatic conditions Most of the international services, fraternal and social organisations are present in Brazil.

The environmental and economic effects of local coal mining Research Paper

The environmental and economic effects of local coal mining - Research Paper Example Towards the northern end potatoes, wheat is grown along with cattle that are used to make dairy products. Towards the southern end farmers grow corn, tobacco and because the ground is flatter, poultry which provides eggs. The valleys of the Appalachian Mountains are ideal to grow alfalfa, hay and apples. Most of the forests that cover the ancient mountain range consist of hickories, maples and oaks. In the fall they change color from deep green to orange and crispy brown. The trees are chopped off for their wood and then taken to North Caroline furniture makers. The peaks are rich in coal, thus coal mining has emerged as a major industry and provides employment to many natives of the Appalachian Mountains. The upper land is also rich in mineral resources such as Iron, stone and crude oil. Of course the vast timber forests are worth their weight in gold as the international demand for timber for various chemical and furniture industry rises. Tourism is also a booming industry which provides a steady source of income for most people living on the mountain tops. There is a Mount Mitchell National Park which was established in 1915 and named after the scientist Dr. Mitchell who was the first one sent to the mountain to collect the accurate data on its height. He fell to his death while he was climbing one of the mountains in the Appalachian range. Mining for various minerals have taken the toll on the mountain range and their inhabitants. Mining especially, surface mining where the surface is blasted off and the mineral collected and in strip mining where a side of a mountain is due in and then the mineral is accessed. When we consider mining for coal we have to consider two things, the heat trapping carbon dioxide it generates and the solution to the environment damage that is incurred when the cheap source of fuel is dug out of the ground in massive quantities. Never has the question been so vital to survival more