Theme of Death in William Shakespeares Romeo and Juliet :: Romeo and Juliet Essays

Theme of Death in Romeo and Juliet Slash, cling, clank these are the sounds that are heard in a sword fight as a man is killed. In the play Romeo and Juliet by William Shakespeare the theme death is portrayed many times by the characters Marcutio, Romeo, and Juliet. The first instance of the theme death was in act 3 when Marcutio challenged Tybalt to a sword fight. "Ask for me tomorrow, and you shall find a grave man."(Act three, scene 1, line 104.) Also as Marcutio is dying he says "Help me into some house, Benvolio, Or I shall Faint." (Act 3, scene 1, line 113.) Both these quotes show how Marcutio portrayed the theme death. Second, Romeo is the next to portray the theme death. Now in Act 5, this is the time that Romeo shows the theme death. He has heard of Juliet's death and is so heartbroken that he goes to an apothecary to get poison so he can join Juliet in heaven. "To Juliet's grave; for there must I use thee." (Act 5, scene 1, line 93). Second when Romeo is about to drink the poison he says, "Here's to my love! [Drinks.] O true apothecary! Thy drugs are quick. Thus with a kiss I die. [Falls.]" (Act 5, scene 3, line 122). These quote show how Romeo loves Juliet. So much he will die to be with her." The next quotes show how Juliet's feelings are mutual to Romeo's. After Juliet wakes up from her death like coma she sees Romeo's dead corpse and notices that he had never got the message from the friar. "O churl! Drunk all, and left no friendly drop to help me after? I will kiss his lips. Haply some poison yet doth hang on them. To make me die with a restorative." The next quote shows how the poison has no effect on Juliet, and how she is so desperate to be with Romeo she will stab herself. "O happy dagger! [Snatches Romeo's dagger.] This is thy sheath; there rust, and let me die. [She stabs herself and falls.

A Review: The Day Of The Jackal :: Free Essay Writer

A Review: The Day of the Jackal The Day of the Jackal, written by Fredrick Forsyth, is a fictional novel that displays the author's brilliance by setting a mood and connecting you with the characters. The Day of the Jackal takes place in post World War II in France. The Jackal is a professional assassin, whose name is not revealed, who is hired by a French terrorist group to kill Charles de Gualle, the President of France. This terrorist group has had several failed attacks on the President, and the Jackal is their last hope. The mood the author sets is exceptionally suspenseful. When Rodin, the leader of the terrorist group hears of the failed attacks, the reader can feel his frustration and hatred towards the French government. When Jean-Marie Bastien is vigorously preparing for the first assault on de Gualle, the reader can sense the tension in the air and the feeling of accomplishment when Bastien says, "That's it! One hundred and fifty bullets will have passed through the presidential car by the time it comes abreast of the van. By God we've got it." All this points to Fredrick Forsyth's amazing mood setting talent in this novel. The reader feels at one with the many characters as they each take part in the many small ventures that give rise to the climax. In a scene where the Jackal is purchasing a fake identification card, the reader can tell that the man making the card is an expert. Not because it was mentioned, but because the man has such a large amount of information about I.D. cards to offer. This same writing talent that displays the characters with subtle suggestion instead of giving specific details is also shown when the Jackal goes to purchase his sniper rifle. It is not mentioned earlier, but the way the armorer talks about the mechanics involved with making a gun in which the Jackal described shows that he is one of the best in the business. Forsyth takes characterization to new level with the Jackal. The reader gets to know the Jackal with a detached understanding of him. Forsyth keeps him a mysterious being with no past and, as far as the rest of the characters in the book are concerned, no present. The reader gets to know the Jackal's meticulous personality and his great care for

Key Question Biology Essay

1) Mg2+ Has 10 electrons. 2) Carbon -14 would not be effective at dating bones that are millions of years old. Carbon -14 is effective at dating to a maximum of 40 000 to 50 000 years old. The isotope decays over time and would not be present on bones that are millions of years old. 3) Hydrolysis – Water used to breakdown molecules. Hydro means water and lysis means to breakdown. An example of hydrolysis in action within our bodies is how our body breaks down protein into amino acids. Water is used to break protein down in to its amino acids. Condensation- Condensation is when two molecules combine and form one bigger molecule. It is exact opposite process of hydrolysis. It is also called dehydration synthesis because water is removed â€Å"dehydrated† in forming of new molecule. This reaction happens in our bodies when we form muscle tissue. Oxidization-Reduction (REDOX)- This reaction describes the process of transfer of electrons from one reactant to another. The gaining of electrons is known as reduction and losing electrons is called oxidization. It is usually referred to as REDOX (REDuction/OXidization). One example of redox within our bodies is during cellular respiration. Question 4 is a chemical equation representing this process. Neutralization – Involves acids and bases and producing water and a salt. Acids contain Hydrogen Ions and Bases contain Hydroxide Ions. The best example of neutralization in our bodies is the carbonic acid bicarbonate buffer. It contains acid and base and maintains our bloods Ph level. If our blood becomes acidic or basic this buffer neutralizes conditions. 4) C6H12O6+6O2–>6CO2+6H2O a) Carbon atoms in glucose are being oxidized b) Oxygen is being reduced Unit 1 Lesson 2 Key Questions 5)a) Carbohydrates monomer(s) is monosaccharide’s which are simple sugars.  The functional groups of carbohydrates are carbonyl and hydroxyl. The linkage type is a glycosidic bind. Carbohydrates primary function is to provide energy for the body. b)Proteins monomer(s) are called amino acids. The functional groups are called aminos and carboxyls. The linkage type is by using a peptide bond. The primary function of protein is build and repairs the body. c)Lipids monomer(s) are called fatty acid and glycerol. The functional group is called ester. The linkage type of lipids is non polar bonds or sometimes called ester bonds. The primary function of lipids is energy, hormone production and insulation of the body. D)Nucleic Acids monomer(s) are called nucleotide. The functional group is dna(Deoxyribonucleic acid) and rna(Ribonucleic acid). The linkage type is covalent bonds and hydrogen bonds. The primary function of nucleic acid is to store and transfer genetic material. 6) Box on right illustrates the peptide bond resulting from the condensation of both the amino acids. The box on the left illustrates the separation of the hydroxide group from glycine and the hydrogen atom from valine. 7)a) You would do the Benedict’s reagent test for simple sugars and the Lugol’s solution or Iodine test for polysaccharides and starch. To test the lipids you would use the Sudan iV test and Biurets reagent test for protein. b) Benedict test the solution color will change from blue to pink/orange red, indicating simple sugars are present. Lugols test the solution color will change from yellowish brown to dark purple, indicating starch and polysaccharides are present. Sudan iV test the lipid content will turn into red, indicating lipids are present. Biuret test the solution colour will change from Blue to pink, indicating protein is present. UNIT 1 Lesson 3 Key Questions 8) Enzymes are protein catalysts that speed up chemical reactions, without being consumed by the reactions themselves. For the reaction to occur, the reactions have to overcome the activation energy barrier. The enzymes work by lowering the activation energy. The two substrates are bounded and optimally positioned, the reaction can proceed to form or break chemical  bonds. You must mention the presence of successive collisions. 9)a) Enzymes work in very limited temperature and Ph range. If Ph is altered even slightly it can slow down or completely stop the enzymes action. It is a concept known as enzyme specificity. When pH of a particular medium changes, it leads to alteration in the shape of the enzyme or the substrate and if denaturation occurs the process stops completely. b) The relationship between rate of reaction and concentration of substrate depends on the affinity of the enzyme for its substrate. The higher the substrate concentration the more quickly product is produced (rate of reaction increases) until enzyme saturation is reached at which time more substrate has no further effect. 10)Enzyme A the Optimal Ph seems to be Ph4 and Optimal Temperature seems to be 370 c. Enzyme B the optimal Ph seems to be Ph7 and the optimal temperature is a range between 40c -80oc. Enzyme C the optimal Ph seems to be a range between Ph1 and Ph 13 and the optimal temperature seems to be 200c. 11)Three benefits of enzymes in food technology are: Alternatives to chemical based technology, can replace chemicals in many processes. This can allow real advances in the environmental performance of production processes, through lower energy consumption and biodegradability. More specific in action than synthetic chemicals. Processes which use enzymes therefore has fewer side effects and waste byproducts, producing higher quality products. Allow processes to be carried out which would otherwise be impossible. Like changing colour of food products or allowing products to be clear like apple juice uses pectinase enzyme. Unit 1 Lesson 4 Key Questions 12) Mitochondria produce ATP or energy. Muscle cells contract and use energy at a rapid rate and require more ATP than a fat cell would require. Muscles are required for movement so each movement requires ATP and muscle cells in mammals also are sued to produce heat, also requiring more ATP. Fat cells are energy storage. 13)a) Diffusion does not require energy, Active Transport require energy or ATP. b)Diffusion goes from high to low concentration while active transport goes from low to high. 14)  Receptor-mediated endocytosis has receptor, and is specific, only certain specific molecules can enter. Phagocytosis surrounds its food without really knowing what it is, cell membrane engulfs large molecule with a vesicle. 15) Integral proteins allow polar molecules like water to pass through the non polar interior of the membrane. Cholesterol makes the membrane sturdy and more rigid than it would be without. 16)A) The purpose of this experiment is to investigate the movement of water in and out of a carrot-osmometer as a result of being placed in two different solutions: distilled water, and a 10% salt solution. B) Beaker A contained distilled water Whenever there is movement of water, it is from a region of higher concentration to lower concentration. as there’s a fall in the water level in beaker B. This is because the cells of the carrot placed in beaker B have a lower water potential than the distilled water on the outside. So water molecules undergo osmosis from higher water potential to lower, from the outside water into the cells of carrot. This results in the fall in water level. 17) Salt water when used for rinsing mouth becomes hypertonic in relation to the fluid inside the cell of the gums that are swelled. As the fluid of two concentrations is separated by a semi-permeable membrane, osmosis starts to make a balance. In this process fluid comes out of the cells of the gums to make fluid in mouth isotonic to intracellular fluid. This helps reducing intracellular fluid and thus reducing the swelling of the gums.

Benefit of Hipaa

Benefits of HIPAA Larasha McAllister Kaplan University HS210: Medical Office Management Traci Clark March 18, 2013 Benefits of HIPAA How does the HIPAA Privacy and Security rule, benefit the healthcare industry? When all the commotion and fear related to HIPAA begins to subside, patient, health plan, healthcare providers and health care organization will recognize that HIPAA regulations benefit them. Who can argue with the benefits of reducing paper in healthcare industry?Also who will argue, against the benefit of standardized data, especially for the coordination of insurance benefit is simplification of data submission through standard transaction and code sets? Provider and health plan overhead cost reduction through standardization. A main benefit of healthcare industry begin required to use HIPAA standard data and format is that everyone sending claims will be doing it with the sane data elements and the same format. For instance, this allows billing offices to make away from h aving the accommodate different data and format needs for different payers(Young,2007).How does the HIPAA Privacy and Security rule benefit the patient? It benefits the patient by giving the patient more control over their medical records. Also patients are able to make informed choice regarding how their personal health information is used. Another benefit is it reduces the chance for inappropriate use and disclosure their personal information. Patients also benefit by the limit release of information to the minimum reasonably needed for the purpose of the disclosure.It empowers individuals to control certain uses and disclosure of their health information. The last benefit is it gives patients the right to examine and obtain a copy of their own health records and request corrections (Fryar, 2005). How does the HIPAA Privacy and Security rule benefit the physician? It benefits the physician by setting boundaries for the use and release of health records. It also helps establish app ropriate safeguard that health care providers and others must achieve to protect the privacy of health information.It holds violators accountable with civil and criminal penalties that can be imposed if they violate patient’s privacy rights. Another benefit is that it strikes a balance when possible responsibility supports disclosure of some form of data (Fryar, 2005). Reference Fryar, D. National Military Family Association, (2005). What is hipaa and what does it mean for me?. Retrieved from website: Military. com Young, A. P. (2007). Kinn’s the administrative medical assistant: An applied learning approach (6th ed. ). St. Louis, MO:Â   Saunders Elsevier

Domestic Partnership Essay

The advantages gained by providing benefits to domestic partners can outweigh the costs. This report will define domestic partnerships, outline the various benefits available for dependants, provide analysis related to the cost of providing benefits to dependants of domestic partnerships, discuss various benefit package options and related costs, and provide details related to the value the company stands to gain by offering such benefits. Domestic Partnership Domestic partnerships are generally thought of as a relationship between two members of the same sex. While same sex relationships garner most of the attention, domestic partnerships are not always between members of the same sex. California Family Code Section 297 defines domestic partners as â€Å"two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. To establish a domestic partnership in California, a couple must file a Declaration of Domestic Partnership with the Secretary of the State, share a common residence, not be married or in a domestic partnership with someone else, not be related by blood, both are over the age of 18, both are the same sex, or opposite sex over the age of 62 and meet the eligibility criteria under the Social Security Act. Legal Issues Currently, 18 states offer domestic partner benefits for same-sex partners of state employees. Several state and local governments that offer health insurance and other benefits to employees’ unmarried domestic partners are currently facing lawsuits. Proponents of the Defense of Marriage Acts (DOMA) claim these constitutional amendments prohibit governments from offering such benefits to any dependent of a relationship that does not fit the state’s constitutional definition of marriage. Both gay-rights advocates and the American Civil Liberties Union dispute such amendments and are currently engaging DOMA proponents in courts across America in attempts to resolve their differences (Gentile, 2006). The costs associated with defending such legal matters can prove to be very cumbersome. Types of Employer Benefits When seeking employment, benefit packages play a major role in attracting and keeping employees. Employer benefits consist of more than the basic medical, dental, and vision plans. A variety of additional benefits being sought after by potential employees include, but are not limited to, retirement plans, life insurance and the family medical leave act. To qualify for domestic partner benefits, employees may be asked to sign a statement or submit an affidavit asserting they live with a domestic partner and are financially interdependent† (Greenwald, 2003). Health Insurance â€Å"For most nonelderly people in the United States, health insurance and access to health care derive from one’s own or a family member’s employment† (Ash and Badgett, 2006). In all fairness, these types of benefits should be offered to these types of families under the cu rrent guidelines of Domestic Partnership. Two levels of benefits are offered by employers, single coverage and family coverage. Single employees are at a disadvantage when it comes to compensation because some employers offer their employees a flexible benefit to assist with costs. These benefits will include all the same privileges that legally recognized families are currently receiving. The entitlement shall consist of doctor’s visits, prescription drug coverage, hospitalization, and eye exams (Briggs, 1994). Dental Benefits Dental care is an essential benefit which should be available to all family members. Preventive dental care could significantly reduce loss of productivity and catch problems before they become chronic or severe† (Gustin, 2003). Dental benefits are very affordable and valuable. One available option is for this company to offer dental as a voluntary option. This would enable the employees and their domestic partner to take advantage of the dental plan at a group rate, but the employee woul d be responsible for the cost (Gustin, 2003). Retirement/401K Retirement Plans and 401K’s are benefits that are only available to employees; however, choosing beneficiaries is a very important detail to these plans. Although domestic partners cannot be given all of the rights of spouses, plans can be structured to provide them with many of the benefits available for spouses† (Davis, 2007). In addition to being named as beneficiary, a hardship withdrawal can be taken based on the need of the domestic partner, and domestic partners will have the right to rollover death benefits (Davis, 2007). Life Insurance Employee life insurance is available at a more affordable rate through employer plans. Adding family members is an optional benefit. Under this plan, domestic partners and children would be entitled to life insurance coverage for just pennies a day. This would incur no expense for the employer and the employee would benefit from a group rate. Cost to Employees and Employers The cost of healthcare is on the rise and no end to this crisis is in sight. Most people believe all employers should offer health insurance to its employees; however, with the cost of healthcare so high companies who offer these benefits are trying to find ways to offset costs. If all employers did offer health, dental, and life insurance, who would cover the cost? A survey administered by the Commonwealth Fund titled The Public’s Views on Healthcare Reform in the 2008 Presidential Election asked that question to 3,500 randomly selected adults. 70% of people surveyed thought the cost should be shared equally between the employer, employees, and the government. 80% of the people surveyed also thought that if an employer did not offer health insurance they should contribute to the cost of coverage (Lubell, 2008). Tax Equity The Tax Equity for Domestic Partner and Health Plan Beneficiaries Act of 2007 was introduced March 29, 2007. The act states employers offering healthcare insurance have to provide healthcare coverage to domestic partners, same-sex or opposite sex. This law has been added to stop federal tax inequalities same-sex couples currently face when receiving healthcare benefits offered by their employers (Postal, 2007). The new law significantly affected employers in the Northeast and Western states because 42% of larger companies in the Northeast, and 38% of companies in the West have same-sex domestic partner healthcare coverage. Only 14% of large companies in the Midwest and 10% of companies in the south have this type of coverage (Cohen, 2004). Dual Coverage Because the cost of healthcare has increased 15% since 2003, some states in the U. S. have prohibited employees from claiming their spouses/domestic partners as dependents; thus, prohibiting dual coverage in the workforce. Banning dual coverage for these employees saves the state tax payers several million dollars per year while the employees and their families have suitable health insurance coverage. Employees rely on dual health insurance coverage to cover out of pocket costs resulting from procedures which are not fully covered by their primary carrier. Dual coverage insurance can save families hundreds, if not thousands of dollars per year, but can potentially cost the employer hundreds or thousands more (Employer-Sponsored, 2004). Annual Cost According to a research study performed by The Henry J. Kaiser Family Foundation and Health Research and Education Trust in 2006, private employers nationwide spend an average of $4,242 for single coverage and $11,480 for family coverage on employer sponsored health insurance coverage annually (Employer Health, 2006). Whether the employee is a single hetero-sexual or homo-sexual the rate for single coverage remains the same. The same for family coverage, the married hetero-sexual couple and the same-sex or opposite-sex domestic partners family coverage cost also remains the same. Employees are paying an average of $1,860 for single coverage and $4,848 for family coverage annually. These costs are causing employers to raise workers’ insurance premiums or reduce coverage. Some companies perform internal audits to eliminate ineligible dependents, older children, and ex-spouses/ex-domestic partners. If an employer finds dependents on an employees’ insurance that should not have been covered, the employee is required to pay back medical bills and insurance premiums through payroll deductions (Employer-Sponsored, 2004). Using information from these internal audits employers may notice a slight domestic partner enrollment increase: 0. 1%-0. 3% for gay and lesbian partners and 1. 3%-1. 8% for heterosexual partners. The increase in enrollment does not significantly affect the annual cost to the employer for employer-sponsored benefits provided to domestic partners and their families (Ash and Badgett, 2006). Benefits to the Company Healthcare continues to be a concern to both employees and employers. Employers are developing and offering programs and incentives to attract various types of workers, including those in domestic partner relationships, to attract more qualified candidates. Making benefits available to an employee’s domestic partner, a company is likely to hire and retain an employee whose work output is optimal. Employees in a domestic partner relationship appreciate their employer considering their particular need which results in a higher production rate. Davis 2007). Increased Productivity An employee who is healthy and has a healthy family is less likely to call in sick and take unnecessary time off to care for his or her family. In a study conducted by Ipsos-Reid (2004), two main contributors to employee absenteeism are depression and stress. Health benefits made available to an employee and his or her domestic partner can help reduce these factors. Mark Cauthen, benefit manager for the city of Colorado Springs, believes if one’s dependents feel better, the employee is more productive and focused at work (Wojcik, 2007). Preventative Measures Many companies have recognized the importance of helping employees manage their work and personal lives. Some of the more common preventive measure benefits currently being offered to employees, their domestic partners, and other immediate family members residing in the home are: wellness, flu shots, and fitness programs. Offering these various programs help the employee feel the employer cares for the health of his or her family resulting in increased productivity (Meghji 2007). Lower attrition rates An employer must also be concerned with the effect of employee retention. Currently 50% of Fortune 500 companies are providing benefits to employees involved in same sex domestic partnerships and heterosexual partnerships. Conclusion Offering benefits to domestic partners makes good business sense. While providing benefits to domestic partners may slightly increase employer cost, the benefits will prove profitable. As the research has indicated, enrollment will increase slightly which will not pose a financial hardship to any corporation.

Contract Law – Intention to Oontract

Contract Law 1 Intention to Create Legal Relations In order for a contract to be valid there must be intention to create legal relations. Enright notes ‘the requirement of intention to create legal relations is a final doorkeeper in contract. It determines which agreements supported by consideration shall be covered by contract law and which shall merely be morally binding. ’ This requirement was expressly stated for the first time in Heilbut, Symons & Co V Buckleton.Friel notes that important as there are a great many agreements and arrangements that, though possessing many of the characteristics of contract, probably are not intended to attract legal consequences. Intention to be legally bound operates on the basis of presumptions. The test for intention is objective. The court will impute intention to create legal relations to the parties on the basis on external factors rather than on the workings of the parties’ minds. Intention and Presumptions There are two presumptions in this area: 1.There is a presumption that agreements between family members or friends are not intended to be legally binding. 2. There is a presumption that agreements which are made in a commercial context are intended to be legally binding. Social and Domestic Arrangements A close family of social relationship raises a presumption of lack of intention to create legal relations. The seminal case, Balfour V Balfour involved maintenance payments to be sent home to his wife while he was working abroad. The court held that agreements between husband and wife are not intended to be legally binding.The closer the blood relationship the more readily the presumption will be raised and the more distant the degree of blood relationship, the more likely the courts will infer an intention to be legally binding. This can be seen in Simpkins V Pays where an informal agreement between a landlord and his lodger, to enter into a weekly competition, held lodger entitled to share of winnings, despite landlord’s evidence that there was no intention to be legally bound. Rogers V Smith shows the same principal in Balfour V Balfour applied to other family relationships. It was held in this case that the agreement between a mother nd her son did not attract legal relations. Likewise in Mckay V Jones where a nephew had worked on his uncle’s farm for some years without payment, claimed that the uncle had promised to the farm when he died. Deale J. Ruled that it was nothing more than a statement of intention or wish by the deceased†¦.. no promise was made as the agreement was between family members. In contrast to this case is McCarron V McCarron where a child worked without reward for 16 years. The child was said to have lost out more in McCarron and therefore had a greater detriment or reliance on the compensation promised.The dates between this cases may explain the different points of view. In Leahy V Rawson found that an agreement between her no n-marital partner’s brother, did not attract the presumption as it only applies to the closest family kinships, such as parent and child and spouses. The courts also held the same principal in social arrangements as was shown in Hadley V Kemp. In this case the court raised the presumption that an agreement as to the sharing of songwriter’s loyalties with other members of his band (Spandau Ballet) was not intended to create legal relations.Enright notes that a degree of intimacy is required between the parties in order to raise the presumption. The issue is not of status but closeness. We can contrast Balfour with Merritt V Merritt. As in Balfour, the parties were husband and wife and the agreement concerned an allowance, yet, in Merritt, the court chose to enforce the agreement. Merritt is distinguished however, on the grounds that the husband and wife were separated, so they were not in a close relationship any longer and so the presumption of lack of intention to cre ate legal relations could not be raise.For the same reason, and as it appears in Courtney V Courtney, a separation agreement will not attract the presumption of lack of intention to create legal relations. It is the parties’ relationship at the time of contracting which matters. That is clear from the mother-daughter case of Jones V Padavatton. In this case, the mother agreed to maintain her daughter if she came home and studied for the Bar. Over time their relationship broke down but the presumption of lack of intention to create legal relations stood because of their close relationship at the time. Rebutting the PresumptionThere is some authority to the effect that the courts are more likely to find that the presumption of lack of intention to create legal relations has been rebutted where one party has relied on the agreement. This is seen in Parker V Clarke, involved two couples who were close friends. The Clarks told the Parkers if they sold their cottage they could move in with them, that the Clarks would leave some of their considerable estate to the Parkers on his death. Sometime after the couple moved in they fell out and the Parkers were forced to move out. They sued the Clarks for breach of contract.Because of the parties close relationship at the time of contracting, the presumption was that it was not intended to be legally binding. However, the court found that the Parkers’ detrimental reliance on the agreement in leaving their home was a factor strong enough to rebut the presumption, and intention to create legal relations was thereby found. The party alleging that a family agreement was intended to be legally binding bears the onus of rebutting the presumption that it was not so intended. It is significant that in a family agreement was made in a business context.So, for example, an agreement made in connection with a family business, such as that between brothers, directors of the company in Snelling V John G Snelling Ltd, is unl ikely to fall foul of the presumption of lack of intention to create legal relations. The words used by the parties in setting out their agreement and, in particular, the level of certainty attaching to the agreement were also important. The fact that the parties have taken time to set out their agreement with formality and precision suggests that they intended it to be legally bound.On the other hand, where an agreement is expressed in vague terms, it tends to suggest that the parties did not intend to create a legally binding agreement. This is clear from Vaughan V Vaughan. This case concerned a couple who were no longer living in amity. They had agreed that the wife could stay in the matrimonial home. However, they had not decided how long she could stay for, or on what terms. Accordingly, their agreement was so vague in its essentials that the Court could not confer intention to create legal intentions in it.Commercial Agreements Commercial agreements raise the presumption that intention to create legal relations is present. It is difficult to rebut this assumption. The burden of proof is on the party seeking to deny it and that burden, according to Edwards V Skyways, is a heavy one. Vagueness on the essential terms of the contract tends to suggest an absence of intention to create legal relations. For example, the courts will rarely be able to find intention to create legal relations in so-called sales puffs.Thus, in Lambert V Lewis, no contract arose from a manufacturer’s statement that his product was ‘foolproof’ and ‘required no maintenance’ because his statements were ‘not intended to be, nor were they, acted on as being express warranties’. A lot depends on the facts of the case at hand. In Esso Petroleum V Commissioner of Customs and Excise, a binding contract was deemed to arise from a transaction in which football tokens were offered to anyone who purchased four gallons of the plaintiff’s petrol .According to Lord Simon ‘†¦. the whole transaction took place in a setting of business relations†¦Ã¢â‚¬â„¢, the purpose of the offer being commercial: Esso wanted the public to buy its petrol. Rebutting the Presumption Cadbury Ireland Ltd V Kerry Co-Op shows how a number of factors can operate to rebut the presumption of intention to create legal relations. In this case, a clause held not intended to be legally binding despite its solemnity: it was an argument to draw up a detailed agreement, but could not be relied upon itself.Even in a commercial context, the presumption in favour of the intention to create legal relations can be dispatched by a very clear expression of lack of intention. A classic example of this is in Rose and Frank Co V Crompton Bros. In this case, the parties had agreed that the plaintiff would be permitted to distribute the defendants’ goods in the US. The agreement however contained an ‘honourable pledge clause’. The cour t held that the agreement could not be enforced because of this clause. The court also found the wording precise enough to rebut the presumption in Jones V Vernon’s Pools Ltd.Collective Agreements Where a trade union negotiates an agreement with an employer on behalf of its members, does this agreement attract the presumption of intention to create legal relations? In the English case of Ford Motor Co Ltd V Amalgamated Union of Engineering and Foundry Workers, it is said that the presumption in relation to collective agreements is that they are not made with the intention to create legal relations. However, Irish Law takes a contrary view, tending to favour the enforcement of collective agreements via contract.So in Ardmore Studios V Lynch, it was suggested that a collective agreement which is set out in a clear specific manner will take legal effect. The Supreme Court took up this thread in Goulding Chemicals V Bolger. For the purposes of Irish Law, it seems safe to say that collective agreements can be enforced in the same manner as any other commercial agreement and attract the presumption that the intention of legal relations is present. In O’Rourke V Talbot Ireland, Barrington J treated a collective agreement as a commercial agreement.Similarly, in King V Aer Lingus the Supreme Court took the view that some of the commitments given by Aer Lingus to its employees as part of a collective agreement were binding. A problem that continues to afflict collective agreements, however, is their characteristically vague language – the majority of collective agreements will be void for uncertainty. Letters of Intent V Letters of Comfort Enright notes that a letter of comfort is a document designed to reassure the person to whom it is provided about certain matters while stopping short of making any binding promise.A good example of the effects of a letter of comfort arose in Kleinwort Benson V Malaysia Mining Corp. Bhd. In this case, the plaintif f bank had agreed to lend money to the subsidiary of the Malaysia Mining Corporation. In the course of negotiations for the loan, the bank received a letter of comfort stating that: ‘it is policy to ensure that the business of our subsidiary is at all times in a position to meet its liabilities to you under the above arrangements. ’ Despite this reassurance, the Court of Appeal concluded that this statement did not bind the defendant.The letter was not, in fact, purporting a binding promise. It was simply stating that company’s policy, a policy that might be changed or adjusted in response to novel circumstances. It is important to note, however, that there is no concrete rule precluding a letter of comfort from giving rise to legal relations. Whether or not such letters creates a legally binding promise is a matter to to be discerned primarily from the language used. The simple fact that the words ‘letter of comfort’ have been used, while evidently relevant, may not conclusively prevent the agreement rom having legal implications. There is a lot of uncertainty in this area as in seen in the case of Wilson Smithett & Cape (Sugar) Ltd V Bangladesh Sugar and Food Industries Corporation. A letter of intent, in contrast to a comfort letter, is one in which a person or company seeks to induce another entity to undertake work to incur expenditure, while denying or limiting liability to that other entity, often by insisting that liability turned on concluding a formal contract at a later date.In AC Controls Ltd V BBC, the court summarised the principals in relation to letters on intent. The general principal on letters of intent that seek to authorise work, materials or services pending the conclusion of a later contract is that such letters will be viewed as contracts in themselves as long as objective is present. In ERDC Group Ltd V Brunel University, the Court held that the work done prior to September had all been on the authority as set out in the series of Letters of Intent.The judge thought that the usual requirements for a contract were all there (intention to create a legal relationship, certainty, etc) and had all been there until 1 September. He therefore found that there had been a contract until then. Accordingly, ERDC was to be paid on the basis specified in the letters – the JCT rules. Conclusion It is contended that the requirement of intention to create legal intentions largely makes sense.Social and domestic agreements have the presumption as not having intention to create legal relations as there is a belief that such formalities are not required in this type of relationship. Enright notes that there are two reasons why this is employed. Firstly, if the rule were that social and domestic agreements were always legally binding, the courts might be flooded with petty disputes and the second is because it is felt that people should have the freedom to make certain types of private, persona l agreements without drawing the interference of the law into their lives.It is also understood that Commercial Agreements are correct as they do have the intention to create legal relations as there is the acceptance that such formalities should be required in this type of relationship. The ways to rebut this assumption also makes sense as it can be rebutted if the essential terms of the contract are vague or if the party seeking to deny it can prove that there was no intention. Enright notes the burden of proof is on the party seeking to deny it and that burden according to Edwards V Skyways, is a heavy one.

Connection Between Surf, Spirituality And Media Speech or Presentation

Connection Between Surf, Spirituality And Media - Speech or Presentation Example Surfing brings about and evokes the spirituality within individuals. Surfing helps to rejuvenate the connections and oneness with the cosmology. It helps to link the surfer with the positive energy that persists in the world. Another experience that surfers share which evokes spirituality in them is friendly relation and bond they develop for the various aquatic species that reside within the ocean. Some suffers have also reported that they have experienced communication between various aquatic species that on various occasions when they were on the shore in solitude waiting for the right moment to hit the waves. It is also assumed that the spiritual connection that surfers go through also causes them to develop a sense of responsibility in them to save and protect the marine life that resides in water. Today, many organizations have been established that help surfers to gather on a platform, make them aware of their responsibility towards the aquatic life and also to acknowledge the m that the sport they play has a religious point of view too which means that surfing is not merely an experience but it has certain religious perspective.... Spirituality is something within or at times is sought. These days spirituality is obtained through various means. One of them is through sports. When a surfer hits the waves, he comes in contact with the forces of nature that persist. The waves drive him to the shore. On his entire quest on the waves he is in direct contact with nature, the surfer is eventually following the course of nature. Indulging in the waves, he finds his way to the shore which portrays a real experience; a man enters this temporary and fake world. Gets involved in various activities, those who seek the path of God and patiently wait for their reward finally stand victorious like a surfer after hitting the high waves comes back to the shore same way a man continues his journey in this world and the world after. Kreeft in his essay on surfing and spirituality states that "The key elements in the symbolism are pretty clear: I, the surfer, am—myself. The body with which I surf in the sea symbolizes the so ul, with which I "surf" in God. The sea is God. The beach is the approach to God. Surfing is the experience of God, or the spiritual life" (Kreeft, Surfing and spirituality). This is a very precise way to explain surfing and spirituality. Media plays a very important role when it comes to the reinforcement of sustainability as a principal part of surf mentality. This is an all-inclusivemeasure—the magazines and videos featuring professional surfers cannot be shallow and focus only on surfing. Sustainability needs to come up more frequently than once a year in the magazines, for example, in the â€Å"green† issue. Surf media affects the youth: many individuals were influenced by surfing