College application essay help
Topics For Photo Essay
Tuesday, August 25, 2020
Should Regulations for Home Schools be Changed Essay
Should Regulations for Home Schools be Changed - Essay Example These tests have the motivation behind not just guaranteeing that the rules spread out by the fitting specialists are being met yet in addition the auxiliary aim of having the option to gauge novel and dynamic changes in the understudy body at the territorial and state levels. Because of the way that no such investigation of homeschoolers is performed at the government level and no benchmarks are set or dissected, there is for all intents and purposes no information on how this gathering impacts the general acknowledgment of instructive turn of events and accomplishment inside the United States. Albeit many may contend that there is no requirement for government to meddle with this procedure because of the way that it would be increasingly guideline of in any case private lives, one can likewise see the elective contention identifying with the way that the legislature of the United States isn't just liable for instructive turn of events and accomplishment for its populace yet in addi tion for the advancement of a gifted and even workforce to meet the key market needs that the 21st century gives (Kunzman, 2009). Along these lines, one can rapidly understand that albeit certain subjects, for example, perusing, writing, and arithmetic might be instructed by a well talented and taught parent or guardian, the truth is that upper level science, math, and additionally lab sciences require assets and offices that are not accessible to the normal homeschooler. This makes a principal issue. Because of the way that these lab sciences and upper level examinations can't be instructed by the normal self-teach instructor, they hazard being overlooked or not educated by any means. This further confounds the instructive procedure because of the way that there are no preliminary life sciences that can... This article endorses that because of the way that these lab sciences and upper level examinations can't be educated by the normal self-teach educator, they chance being disregarded or not instructed by any stretch of the imagination. This further confuses the instructive procedure because of the way that there are no preliminary life sciences that can satisfactorily be educated inside the self-teach condition. Normally, on the off chance that one takes the way that there ought to be a further extent of government guideline of self-teaching, there is the issue of the way that this degree of guideline fundamentally obstructs numerous rights and benefits of the private resident. Despite the fact that the outcome might be a net constructive, the truth is that the degree of encroachments on the individual rights and benefits to the private resident would be different. In addition, the last issue which this examination will talk about is maybe something that is the best in general worry a s for the current monetary atmosphere that the country is confronted with. This report makes an end that one can see that an incredible contention exists for the guideline of self-teaching as a way to guarantee that a high caliber of instructive accomplishment is made accessible to every single kid inside the United States. Nonetheless, because of the key worries over social equality and the expense of seeking after such a way, it is the assessment of this creator that the circumstance is little enough now to warrant the response of a government authority accused of managing and controlling the training.
Saturday, August 22, 2020
How To Nail Product Positioning With April Dunford
The most effective method to Nail Product Positioning With April Dunford The achievement of your organization relies upon the showcasing you do, how you decide to introduce the advantages of an item or administration, and which crowd to target. How you position an item or administration can represent the deciding moment your organization. Stop in that spot. Disregard all that you contemplated item situating. Associating your item or administration with purchasers doesn't involve following patterns, selling more diligently, or attempting to draw in the greatest client base. Today, my visitor is April Dunford, who has propelled in excess of twelve items and offers probably the greatest errors that new businesses, advertisers, and business people make with item situating. Likewise, sheââ¬â¢s the creator of Obviously Awesome: How to Nail Product Positioning So Customers Get It, Buy It, Love It. Aprilââ¬â¢s book portrays her perspective on situating and offers a bit by bit procedure to impeccably situate your item or administration. Vocation Change: Fake it until you make sense of it. How hard would it be able to be? Do it right, and the organization develops rapidly, gets procured; you get exhausted and do another startup Meaning of Positioning: How to succeed at accomplishing something that a very much characterized advertise thinks about Impeccable promoting execution wonââ¬â¢t spare you from frail situating; advertising execution and results are just in the same class as situating that takes care of into them Who ought to choose the situating for your item? Everyone Siebel Story: Too little to purchase out past a billion dollars Situating Pitfalls: People donââ¬â¢t do situating intentionally; and when they attempt to fix it, they donââ¬â¢t follow a procedure however make things up along the way or compose a ââ¬Å"Positioning Statementâ⬠Situating Statement Components: Whoââ¬â¢s your serious other options? What are the one of a kind capacities or highlights that your item has? Whatââ¬â¢s the worth that those highlights can empower for clients? Whoââ¬â¢s my objective client? Is this a market that Iââ¬â¢m going to win? Indications of powerless situating include: How a client responds to your item/administration They contrast you with a non-contender; not in the correct market Client comprehends what you do, yet not the worth or why they ought to careLinks: April Dunford Clearly Awesome: How to Nail Product Positioning So Customers Get It, Buy It, Love It On the off chance that you enjoyed todayââ¬â¢s appear, if it's not too much trouble buy in on iTunes to The Actionable Content Marketing Podcast! The webcast is likewise accessible on SoundCloud, Stitcher, and Google Play. Statements by April Dunford: ââ¬Å"Not just is situating a thing I should make sense of, its possibly an excessively ground-breaking thing.â⬠ââ¬Å"Two years subsequent to moving on from building, Im running this incredible huge showcasing group. Its worldwide. Iââ¬â¢ve got this mammoth budgeteven however I was totally inadequate for it.â⬠ââ¬Å"I center around situating, essentially in light of the fact that I figure individuals do an extremely horrendous activity at situating. Theres very few individuals that realize how to do it right.â⬠ââ¬Å"A move in situating can thoroughly bring about a move in the item guide, a move in your evaluating, a move in a way you sell, a move in your channels.â⬠You see indications of feeble situating over your whole deals showcasing pipe, however frequently where itââ¬â¢s most clear is taking a gander at how a client responds when they first experience your item or your contribution.
Wednesday, August 5, 2020
Quiz What Citation Style Are You
Quiz What Citation Style Are You (0) Did you know there are more citation styles than just MLA and APA style? The citation style you use for your next paper could say a lot about your personality. Answer the questions below to see which citation style best reflects your qualities. .wq-quiz-18189 { --wq-question-width: 100%; --wq-question-color: #009cff; --wq-question-height: auto; --wq-bar-color: #00c479; --wq-font-color: #444; --wq-background-color: #ecf0f1; --wq-title-size: 20; } You have a paper coming up. Which of the following research paper topics do you select? What sets Shakespeareâs Romeo and Juliet apart from his other tragedies? How does stress affect the human body? Why is William the Conqueror considered to be a significant historical figure? Explain the decision in District of Columbia v. Heller and its lasting impact. What paper? Itâs finally Friday and you want grab dinner with friends. What is your role in making plans? I provide restaurant recommendations to the group based on Yelp reviews and ratings. Duh. I end up setting the time and place, and arrive 15 minutes early. I let everyone else pick the place, and end up being 30 minutes late after showing up at the wrong restaurant (oops). I just ask for somewhere with great food presentation. I want good pics for my Instagram feed. I get the ball rolling by suggesting places where I know the menu is ethically sourced. Choose a color: Green Yellow Red Black Blue Pick one as your dream career: Netflix Show Critic Museum Curator Supreme Court Justice Research Scientist Fashion Magazine Editor Your paper is due in a month. When do you start writing? Today After I have taken out all of the books I need from the library. 3 hours before itâs due. Once Iâve thought of a great hook to get the readerâs attention. When Iâve gathered specific data points that support my ideas. In this list of famous personalities, who do you admire most? J.K. Rowling Supreme Court Justice Ruth Bader Ginsburg Winston Churchill Albert Einstein Garfield What is your favorite kind of pizza? Whatever can be delivered the fastest. With aged parmesan and sausage. Just plain cheese and sauce. With artisanal cheese and arugula. Veggie. You want someone to review your paper before you hand it in. Who do you ask? The professor who teaches the class. My friend who is a great writer. My mom. I ask a few different people and run it through an essay checker, then combine all the feedback. I donât need anyone to review my paper. Itâs perfect. Choose an animal: Bald eagle Great white shark Golden retriever Brown bear Iguana Which class would you be most interested in taking next semester? Constitutional Law Modern American Poetry Film Studies 101 Integrating Clinical Theory and Practice The Changing Landscape of Ancient Rome Citation Style MLA Style You got MLA! You love the art of language and expression. You are creative and philosophical, and enjoy reading and writing. Youâre a word nerd! APA Style You got APA! Discovering new things and experimenting with different ideas is your favorite way to learn. Youâre level-headed, and prefer to have facts to back up your opinions. Youâre a Brainiac! Chicago Manual of Style You got Chicago style! Conducting research is your forte. Youâre grounded and dependable, and your friends can always count on you for good advice. You make sure to learn from your mistakes, and treat them as a learning opportunity. Bluebook You got Bluebook! Organized is your middle name. You appreciate order and are a meticulous note-taker. No one has a better outline than you! Journal of Sleep Research You got Journal of Sleep Research! Youâre a free-thinker who goes with the flow. You enjoy relaxing, and never rush into making a decision. âWhat will be will beâ is your motto. Share your Results: Facebook Twitter VK Before you jump into that next paper, level up your grammar skills and visit our EasyBib grammar guides to learn about different parts of speech. Discover a list of determiners, answer the question âwhat is a preposition?â, learn how to use subordinating conjunctions, and more!
Saturday, May 23, 2020
Essay on Dramatic Impact of The Color Purple by Alice Walker
Dramatic Impact of The Color Purple by Alice Walker The film, ââ¬ËThe Color Purpleââ¬â¢, was released in 1985 and it is based on the novel published in 1983 by Alice Walker. ââ¬ËThe Color Purpleââ¬â¢ won nine Oscar nominations and was directed by Steven Spielberg. The film, ââ¬ËThe Color Purpleââ¬â¢, tells the story of Celie from the age of 13 through to womanhood. The man she thinks is her father rapes her. She has two children who are both taken away from her. She is forced to marry an older man. He abuses her and treats her with complete disrespect. Her husband separates her from her sister and does not allow Celie to get any mail from her sister. She then meets Shug Avery and she discovers love and support ofâ⬠¦show more contentâ⬠¦Slaves had been around for almost 175 years and slaves were predominantly black. Racism was mostly towards black people and comments and physical abuse by white people were common. White people believed that it was correct to treat black people as second-class citizens. Celie is constantly abused because she is black and a woman. Celie is beaten and shouted at because Albert believes it is right and the only way to solve problems and to get her work for him. Celie is treated as a slave and does not receive anything in return. The extract that I am focusing on is split into two parts. There are two different parts of the story, which take place in Africa with Celieââ¬â¢s children and in America with Celie shaving Albert. The two scenes are simultaneous and interlink at some point with the same motions happening at the same time. Celie is shaving Albert and Celieââ¬â¢s children are being inducted into the African tribe but as a scaraficial ritual. We see, in the first part, an empty porch and then Albert walks out with shaving cream on, ready to be shaved. At this point he starts to abuse Celie verbally by telling her what to do and the consequences. He says that, ââ¬ËIf you cut me, Iââ¬â¢ll kill youââ¬â¢, which shows that he is in control but then is vulnerable to attack. As Celie goes to sharpen the razor, we see a close-up ofShow MoreRelatedFavorite Scenes from the Color Purple1074 Words à |à 5 PagesWhat would it be like to live in a world where you donââ¬â¢t have any say in what goes on in your own life? While The Color Purple doesnââ¬â¢t ask think question directly it really causes its viewers to begin to wonder what it would have been like to live in the world that Alice Walker creates with her novel. In this story the main character is Celie. She is a black woman who never has had a choice in her life. From a young age her father abused her and then sent her off to marry a man who he did not knowRead MoreAlice Malsenior6001 Words à |à 25 PagesAlice Walker: Peeling an Essence As an African- American novelist, shortââ¬âstory writer, essayist, poet, critic, and editor, Alice Walkerââ¬â¢s plethora of literary works examines many aspects of African American life as well as historical issues that are further developed by Walkerââ¬â¢s unique point of view. Writers like Alice Walker make it possible to bring words and emotions to voices and events that are often silenced. Far from the traditional image of the artist, she has sought what amounts to aRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words à |à 1573 PagesComponents of Attitudes? 70 â⬠¢ Does Behavior Always Follow from Attitudes? 71 â⬠¢ What Are the Major Job Attitudes? 73 Job Satisfaction 78 Measuring Job Satisfaction 79 â⬠¢ How Satisfied Are People in Their Jobs? 80 â⬠¢ What Causes Job Satisfaction? 81 â⬠¢ The Impact of Satisfied and Dissatisfied Employees on the Workplace 82 Summary and Impl ications for Managers 88 S A L Self-Assessment Library How Satisfied Am I with My Job? 70 CONTENTS ix S A L An Ethical Choice Do Employers Owe Workers
Monday, May 11, 2020
Understanding Fannie Mae and Freddie Mac
The Federal National Mortgage Association (Fannie Mae) and the Federal Home Mortgage Corporation (Freddie Mac) were chartered by Congress to create a secondary market for residential mortgage loans. They are considered government-sponsored enterprises (GSEs) because Congress authorized their creation and established their public purposes. Together, Fannie Mae and Freddie Mac are the largest sources of housing finance in the United States. Heres how it works: You secure a mortgage to buy a home.Your lender probably resells that mortgage to Fannie Mae or Freddie Mac.Fannie Mae and Freddie Mac either hold these mortgages in their portfolios or package the loans into mortgage-backed securities (MBS) that they then sell to the public. The theory is that by providing this service, Fannie Mae and Freddie Mac attract investors who might not otherwise invest funds in the mortgage market. This, theoretically, increases the pool of money available to potential homeowners.By the third quarter ââ¬â¹of 2007, Fannie Mae and Freddie Mac held mortgages valued at $4.7 billionââ¬âabout the size of the total publicly-held debt of the U.S. Treasury. By July 2008, their portfolio was called a $5 trillion mess. History of Fannie Mae and Freddie Mac Even though Fannie Mae and Freddie Mac were Congressionally-chartered, they are also private, shareholder-owned corporations. They have been regulated by the US Department of Housing and Urban Development since 1968 and 1989, respectively.However, Fannie Mae is more than 40 years old. President Franklin Delano Roosevelts New Deal created Fannie Mae in 1938 to help jump-start the national housing market after the Great Depression. And Freddie Mac was born in 1970.In 2007, EconoBrowser noted that today there is no explicit government guarantee of their debt. In September 2008, the US government seized both Fannie Mae and Freddie Mac. Other GSEs Federal Farm Credit Banks (1916)Federal Home Loan Banks (1932)Government National Mortgage Association (Ginnie Mae) (1968)Federal Agricultural Mortgage Corporation (Farmer Mac) (1988) Contemporary Congressional Action Regarding Fannie Mae and Freddie Mac In 2007, the House passed H.R. 1427, a GSE regulatory reform package. Then-Comptroller General David Walker stated in Senate testimony that ââ¬Å"[A] single housing GSE regulator could be more independent, objective, efficient and effective than separate regulatory bodies and could be more prominent than either one alone. We believe that valuable synergies could be achieved and expertise in evaluating GSE risk management could be shared more easily within one agency.â⬠Subprime Mortgage Crisis A subprime mortgage crisis occurred in the United States between 2007ââ¬â2010, in part as a result of a weakening economy but also as a housing bubble which had pushed housing prices higher and higher collapsed. Houses were large, their price tags steep, but mortgages were inexpensive and easy to get, and the prevailing real estate theory was that it was smart to buy (much) more house than you needed because it was a solid investment. If they wanted, buyers could refinance or sell the house because the price would be higher than when it was purchased.à Fannie and Freddies concentrated exposure to US residential mortgages, coupled with their high leverage, turned out to be a recipe for disaster. When the inevitable crash in home prices occurred, it created an associated spike in mortgage defaults, and Fannie and Freddie were holding hundreds of thousands of underwater home mortgagesââ¬âpeople owed more, in some cases far more, on their houses than the houses were worth. That situation contributed greatly to the 2008 recession.à Collapse and Bailout By mid-2008, the two firms had expanded to almost $1.8 trillion in combined assets and $3.7 trillion in combined net off-balance sheet credit guarantees. Over the same period, however, they posted $14.2 billion in losses and their combined capital only amounted to about 1 percent of their exposure to mortgage risks. Despite efforts in the summer of 2008 to prop up the failing GSEs (the Housing and Economic Recovery Act on July 30 temporarily gave the US Treasury unlimited investment authority), by Sept. 6, 2008, the GSEs held or guaranteed $5.2 trillion dollars in home mortgage debt.à On Sept. 6, the Federal Housing Finance Agency placed Fannie Mae and Freddie Mac into conservatorship, taking control of the two firms, and entering into senior preferred stock purchase agreements with each institution. The U.S. taxpayer ultimately paid a $187 billion bailout to the two GSEs.à à One stipulation to the bailout was that going forward the quality of housing loans backed by Fannie Mae and Freddie Mac had to improve. Investigations by economists Dongshin Kim and Abraham Park reported in 2017 indicate that the quality of post-crisis loans is indeed higher, particularly in the requirements on the levels of debt-to-income (DTI) ratio, and credit scores (FICO). At the same time, loan-to-value (LTV) requirements had been loosened since 2008, allowing a steady increase in the number of first-time home buyer loans.à Recovery By 2017, Fannie and Freddie had paid back $266 billion to the US Treasury, making their bailout a tremendous success; and the housing market has recovered. However, Kim and Park suggest that continued monitoring of the quality of the mortgages would be prudent. While FICO and DTI are indicators of the borrowers ability to pay their mortgages on time, the LTV is an indication of the borrowers willingness to pay. When the house value falls below the loan balance, people are less likely to pay on their mortgages.à Sources Boyd, Richard. Bringing the GSEs Back In? Bailouts, U.S. Housing Policy, and the Moral Case for Fannie Mae. Journal of Affordable Housing Community Development Law 23.1 (2014): 11ââ¬â36. Print.Ducas, John V. Subprime Mortgage Crisis 2007ââ¬â2010. Federal Reserve History. November 22, 2013.Frame, W. Scott, et al. The Rescue of Fannie Mae and Freddie Mac. Journal of Economic Perspectives 29.2 (2015): 25ââ¬â52. Print.Kim, Dongshin, and Abraham Park. How Sound Are the Fannie Mae and Freddie Mac Recoveries? Are There Vulnerabilities for History to Repeat? Graziadio Business Review 20 (2017). Print.Agency/Government Sponsored Enterprises (GSEs) Product Overview 200What Are the Origins of Freddie Mac and Fannie Mae?
Wednesday, May 6, 2020
Policing and the Constitution Free Essays
The Fourth Amendment of the United States Constitution states: Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause. This amendment impacts law enforcement because police need a warrant to make arrests and searches. This is not applicable if the officer has first-hand knowledge of an event and the evidence is likely to be destroyed or the subject will abscond if time is taken to get a warrant. We will write a custom essay sample on Policing and the Constitution or any similar topic only for you Order Now If a warrantless search is made by the police that should have been made only after a warrant was issued, then all knowledge gained by that evidence is not allowed in testimony. The Fifth Amendment of the United States Constitution states: Set out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy. This means that the officer does not determine innocence or guilt. She or he only determines probable cause of belief of guilt. Also, an officer cannot force a person to bear witness against himself. If a person is tried and a verdict is given, that person cannot be tried again. Accused persons cannot be forced to say anything. Eminent domain is the power of a government to take private property for public use, usually with compensation paid to the owner. The Sixth Amendment of the United States Constitution states: Protects the right to a fair and speedy public trial by jury, including the rights to be notified of accusations, to confront the accuser, to obtain witnesses and to retain counsel. This means the subject has the right to counsel before, during, and after questioning. Should the subject request the presence of an attorney, questioning should cease until counsel arrives. Probable cause is one of the fundamental protections built into the criminal justice system by the founding generation of the United States. Probable cause is the standard by which an officer or agent of the law has the grounds to obtain a warrant for, or as an exception to the warrant requirements for, making an arrest or conducting a personal or property search, etc. when criminal charges are being considered. This term comes from the Fourth Amendment of the United States Constitution. The exclusionary rule is a rule in which any evidence that is obtained in violation of the accusedââ¬â¢s rights under the Fourth, Fifth, and Sixth Amendments, as well as any evidence derived from illegally obtained evidence, will not be admissible in criminal court. The exclusionary rule has been controversial for decades because many people believe that it is unconstitutional and not helpful the finding the truth in criminal proceedings. The name fruit of the poisonous tree is thus a metaphor: the poisonous tree is evidence seized in an illegal arrest, search, or interrogation by law enforcement. The fruit of this poisonous tree is evidence later discovered because of knowledge gained from the first illegal search, arrest, or interrogation. The poisonous tree and the fruit are both excluded from a criminal trial. The fruit of the poisonous tree doctrine is an offspring of the exclusionary rule. The Miranda rights, also known as Miranda warning, is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. Your Miranda rights are your rights as per being under arrest. If you are not under arrest they may detain you, but cannot lock you up unless by reasonable evidence they can prove that you are guilty of the crime in which they would more than likely arrest you. Questioning is not a reasonable excuse to lock you up without circumstantial evidence. They do not need to notify you unless they search your property, or person in which they would need a warrant and also do not need notification with accurate evidence against you. Your Miranda warning reads as followed: You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to speak with an attorney and to have an attorney present during questioning. If you so desire and cannot afford one, an attorney will be appointed for you without charge before questioning. An arrest is the taking into custody of a citizen for the purpose of detaining him or her on a criminal charge. Frisking is a search of a personââ¬â¢s outer clothing wherein a person runs his or her hands along the outer garments to detect any concealed weapons or contraband. A stop takes place when a law enforcement officer has reasonable suspicion that a criminal activity is about to take place. An interrogation is the direct questioning of a suspect to gather evidence of criminal activity and to try to gain a confession. A custodial interrogation occurs when a suspect is under arrest or is deprived of his or her freedom in a significant manner. A reading of the Miranda warning is only required before a custodial interrogation. An interrogation is when you are not in custody, and a custodial interrogation is when you are in custody. How to cite Policing and the Constitution, Papers
Friday, May 1, 2020
Commercial and Corporation Laws
Questions: 1. Explain the elements to the formation of the contract between the parties.2. What statutory provisions are Ben contravening under the Sale of Goods Act (SGA)?3. Discuss the validity and enforceability of the statement printed on the receipt.4. Can Alans friends pursue liability with Ben under contract? If yes, what are the provisionsfor recourse? Otherwise, suggest an appropriate cause of action. Answers: (1). The formation of a contract requires valid offer and acceptance. On the initial stage of the contract formation, the interested party is liable to forward an invitation to the [arty with whom the contract is intended to structure. The contract is enforced after the acceptance made from the part of the party to the contract without the presence of manipulation (McKendrick, 2014). The language of the contract is expected to be in clear version so that it is easy for the party to understand without the chance of getting interpreted. An agreement is legally enforceable which requires some terms fulfilling such criteria. The rights and respective obligations bound by certain terms enforceable by law (Wright, 2015). The facts are ascertained by the party whether they have reached the conditions of a contract or not or in other words whether any form of agreement is enforceable between them or not. The essential principles of the contract formation include: Capacity to contract resulting to invitation to treat to a party, which is summed up as making an offer. Intention to create legal relations. For creating intension for legal relation certain terms are followed. Capacity that includes (invitation to treat), offer - An offer is defined as a mere invitation from the part of the interested party to the invited party, in other words, the concerned party mentioned as offeror and invited party known as offeree. The offeror expresses the interest towards offeree so as to have an expression of willingness to bind them to specify terms defined under the law Baird Textile Holdings Ltd v Marks Spencer plc. The contract comes into existence with the rule of termination so that the either party may end the terms on the ground of fulfillment of the terms Partridge v Crittenden. Ben made an offer of invitation to Alan to serve the requirements. Acceptance- Once the offer made by the offeror the offeree is expected to accept the offer on the absolute terms and assent. The general rules define that the acceptance requires a general communication and the inference must not come from mere silence. The communication shall be supported by the implied terms of the contract. In some of the cases in an agreement where there not possible to have a straight communication, then the postal acceptance rules are applied, and the party accepts the same out of posted communication. Alan accepted the offer of invitation to serve by Ben. Completeness and certainty: The terms of the contract is expected to have a certainty and completed when the offeree accepts the same before the enforcement of the agreement. The certainty comes out of good faith by the party and is likely to get hampered if the contractual terms are not correctly specified Carter v Boehm. The subject of the contract is likely to term as incomplete if the terms in agreement lack legal enforceability. Ben assured that the products are distilled in Russia and made a certainty of statement by explaining the background to Alan. Promissory estoppels- The promissory estoppels are the promise merely unsupported under the conditions of consideration. The principle applies to those elements where the party in concern makes an unequivocal commitment to the terms of the agreement. Ben assured promised Alan that the products are genuine Expressed terms: The expressed terms are one of the essential elements of the contract as mentioned under Sec-5 of the contract law. The expressed terms ascertain the fact of the contract that there are no hidden facts, or no terms are distinguished from the actual and expressed terms. The examining of the same applies to the enforcement of a contract. Ben made an expression of the terms that the product served are genuine and fulfilling of the specified requirements expressed by Alan. Hence, it is proved that there is a presence of contract between Ben and Alan. The presence of contract can be supported with the reference of the matter, Eastern Resource Management Services Ltd v Chiu Teng Construction Co Pte Lt. (2). The sale of good act is governed under the law of contract act. The sale of goods comes with some enforceability of the contractual terms with the presence of good faith. The explanation of the statement is that when the person makes a purchase of a commodity he does so under the impression as expressed by the seller. The seller is even expected to act by following the fair trading policies. The ultimate responsibility of the seller is to sell the product with an absence of hidden fact about a certain commodity. The seller is likely to commit a breach if the buyer finds that the product is not identical with the explanation (statutes.agc.gov.sg, 2016). The following matter explains that made the purchase after making specified requirements. The requirements included product description that explains the intention of Alan to make a purchase of beverages manufactured and distilled in Russia and nowhere else. When Alan arrived at the liquor store, he was served by a salesperson named Ben whom he expressed his particular requirement. Upon clearing the requirement, Ben went to bring some of the products and shown to Alan creating assurance that the product meets the demand of the requirement made by Alan. Ben went further with the discussion and explanation regarding the background of the vodkas and made the specified suggestion to make Alan purchase the same. Alan upon the good faith imposed over Ben bought the products as described by Ben. Alan had thrown a get-together with his friends where he gave his friend to drink the same vodkas and everyone who consumed the same suffered from diarrhea. After the test conducted regarding the product, it was found out that the product contained some toxic substance and that it was a bootleg which means a good illegal to consume. The matter explains the presence of deliberate mistake and misrepresentation from the part of Ben. The factual incident explains the violation of sections 13, 14 (2) with correspondence to 14 (b) and 14 (3) of the sales of goods act. Ben even committed the violation of section 6 (2) (a) by delivering an alternative product as described in samples. Ben committed a violation by transferring the prohibited good to Alan. Section 13 of the act explains that the goods must correspond with the description as made by salesperson which processing a purchase. The seller must deliver the commodity with an absence of manipulation and presence of willful acceptance from the buyer, along with similar description upon the product (Butler, 2016). Unlike what is described in the matter (Harlingdon Lienster Enterprises Ltd v Christopher Hull Fine Art Ltd, where the buyer did not rely on the words of the seller, here Alan relied on Bens words, and got him delivered with a bootleg explaining Bens contradiction to the mentioned section. Section 14 (2) of the act described that the goods condition must be satisfactory quality and there must be a safety ensured since the good is meant for consumption. The factor of section 14 (2) goes with reference of section 14(2B). Ben made a wrong delivery of the product to Alan causing a violence of the section. The section explains that the quality of the goods must be hypothetical with the description and with reasonable person. The matter can be explained best by referencing the cases of Compact Metal Industries Ltd v PPG Industries (Singapore) Ltd ([2006], National Foods Ltd v Pars Ram Brothers (Pte) Ltd [2007]. Section 14 (3) of the Act describes the delivery of the product should be capable of providing safety assurance and reasonably fit for the person consuming the product. Alan and his friend had to be hospitalized with severe diarrhea and the corresponding test found that the product were bootlegs which means they are illegal as well as unhealthy for the consumption. National Foods Ltd v Pars Ram Brothers (Pte) Ltd [2007] explains similar issues that the products were not fit for using purpose. Apart from the violation of the sections from sale of good act, Ben committed an act as described in section 6 (2) (a) of the Unfair Contract Terms Act 1977. Section 6 (2) (a) explains that provisions gets related to the liability of implied terms of Sales of Goods Act 1979 with respect to the supply of goods. The sales party to the contract can never exclude the liability when the commodity comes with the liability regarding the safety and violation of the product. Ben did not follow any of the instruction and committed a clause by carrying of an unfair means terms of contract by delivering a bootleg product to Alan. The product caused severe damage to Alan and his friends resulting to get them admitted in the hospital. (3). The implied contractual validity depends on upon the non-performance of the deliberate violation of the expressed terms. It is important for the concerned party to follow the terms as expressed clause in the contract since those terms come with legal enforceability, and the misrepresentation causes the breach to the terms. The similar fact is observed in the matter of Alan and Ben, where Ben served him a bootleg product assuring that to be Russian distilled vodka. The expressed terms of the contract as mentioned under section 5.1 ascertain the fact and explain that there shall be no distinguishing of the fact with the actual representation made for a particular commodity (Fried, 2015). The contractual terms may be orally described or in the written form which has a similar effect of implication over the application of terms. The implication of contractual terms should not have the contradiction of the terms and similar to the presentation made. Ben made an alteration of the product with the description delivered to Alan. The nature of the statements or the terms explains the liability of the business holders during any uncertain risks arising from the consumption of product. The section 5.2 explains that the business cannot interpret the terms or the nature of statement in the receipt as per convenience, Chapelton v Barry UDC. The factual matter explains about the deliberate mistake of the salesperson, Ben as he delivered the wrongful product and is now explaining the terms in the receipt. The terms of the receipt cannot be interpreted as per convenience even when there is uncertain risk, Petroships Investment Pte Ltd v Wealthplus Pte Ltd. The receipt explained about the non-liability of the organization regarding the risk that may arise due to the consumption of the beverages. The implied terms were well interpreted since the risk included some expected risk that may arise and there was no mention of the illness that may cause to the person consuming the product. The organization does not hold the right of interpretation of the terms with favor to their interest. The situation may arise where there can be advantage taken by the concerned party for altering contractual terms (Alexandrov Mendenhall, 2015). The terms of the receipt will have no value since the risk arose was not any expected issue but due to the consumption of prohibited drinks which was tested and found as a bootleg. Section 2(2) of the Unfair Contract Terms Act, 1977 explains that the declaration in the receipt cannot exclude the liability of any type of losses other than the general effect of consuming the product. Section 2(3) of the act explains that the seller is aware of the exclusion clause of the receipt and the declaration. Hence, interpretation with the cause of defending will not be applicable in this case as Ben made an alteration of the description and committed breach under Unfair Contract Terms Act, 1977. In the given matter, the validity of the terms questions the warranties of the implied and expressed terms within an agreement (Michael, et al., 2013). The business holder is not expected to sell the product which is a boot and manipulate the buyer to take the same Olley v Marlborough Court Hotel. Ben carried an unfair means of contract by convincing a buyer to consume a bootleg product and as a result of not only Ben but his friends even risked their lives as they were suffering from severe diarrhea. The terms of the receipts do not encourage application over the dealing of wrongful and illegal products. The person in a contract is liable to follow the terms of the agreement and is dutifully bound towards the party in the contract. Ben as a salesperson was bound to direct his customers to take things under food faith and safety. (4). The privity of the contract is explained section 2.1(b) of the contract law. The concept explains about the right of an absence of involvement of the third party and their rights to sue a person committing breach of contract. The section explains about the right of the direct party in the contract to sue against the party breaching terms of a contract. The rules compiled together for such facts are known as the privity rules of the contract. The third party right act provides the rights to the third party without any retrospective effect (Mahmood, 2013). In this Alan's friend consumed the beverage as bought by Alan and faced severe diarrhea for which they had to be hospitalized. The section explains about the statutory right of the party for enforcing a term in a contract against the party who made a breach in the contract. The rights will be valid for the third party even though there is no consideration made from the promisor upon such execution of the rights (singaporelaw.sg, 2016 ). The law of tort explains that the third party holds no legal liability to sue against the party committed negligence in the duty of care, Donoghue v Stevenson. Only the party within the contract holds the right to bring a legal enforceability against the party committing the breach of terms in the agreement. The aggrieved party can even hold liability for the negligence shown in the contractual terms performance (Campbell, 2015). Wyong Shire Council v Shirt [1980] is the matter explaining that there was negligence in the duty of care hence causing breach of duty. The breach of duty caused some harm to the concerned party as well as the members included in the party. Rights of Third Parties Act 1999 explain that the third party gets right under Sec 1(b) with subject to subsection (2), when there is a benefit purport on them. Section 5 and 6 explains that the consent from the third party is required in certain cases during court proceedings. The general rules of the contract explain that the third party can sue when there is a breach of contract and such breach reached the third party some generous harm with long time consequences (Goh Lee, 2014). The matter tells about some breach of duty that occurred from the part of Ben. Upon such case it is important to cite matter of Blyth v Birmingham Waterworks Co (1856) which tells about the reasonable man test which results from any situation. The reasonable man test tells about the possibility of any ordinary or average person that would react in certain situation. The man test tells that the original party is liable to get some compensation because of the harm that reached them for the act of the party in concern. The act explains that where there is a possibility of removing the risk and the salesperson did not do it then there will some enforceability of the rights of third party. The matter of fact is similar to the situation as observed in the case Latimer v A.E.C. The third party also gets rights when there is an observance of the breach of duty from the person in the agreement that intended to create such legal enforceability. For the factual matter it is important to cite the case of Barnett v Chelsea Kensington Hospital[1969], where when the judgment passed introduced a concept of but for test. The but for test concept explains that the defendant may not be always held liable for the damage occurred especially in those case where there is only injury and not death. So when the consequence occurs but for the act or omission of the defendant the defendant wont be held liable. In the factual matter Ben purposely gave a bootleg product to his customer thus resulting to the damage which will give the third party rights. The but for test wont be applicable here. The qualified means and ways of the third party can enforce the statutory right against the promisor (Chen-Wishart, Ong, 2015). Firstly, the third party statutory rights are necessary for the qualification of the defense by which the promisor can assert the same to the other party. Secondly, the sum of compensation for the damage can be recovered with the application of the act where there is a discovery of the observance made regarding the breach of the terms by the promisor toward the promisee. The right of the party will be applied under the phrase that where the third party has received a negative consequence resulting from the usage of the commodity (Campbell, 2015). The negative benefits are such benefits that limit the terms of the party by the promisor, but the third party can apply for the enforceability of the rights. References: Alexandrov, S. A., Mendenhall, J. (2015). Breach of Treaty Claims and Breach of Contract Claims: Simplification of International Jurisprudence. InContemporary Issues in International Arbitration and Mediation: The Fordham Papers 2014(pp. 24-44). Brill. Butler, P. (2016, April). Choice of Law. InInternational Sales Law(pp. 1025-1086). Nomos Verlagsgesellschaft mbH Co. KG. Campbell, D. (2015). Better than Fuller: a two interests model of remedies for breach of contract.The Modern Law Review,78(2), 296-323. Chen-Wishart, M., Ong, B. (Eds.). (2015).Studies in the Contract Laws of Asia: Remedies for Breach of Contract. Oxford University Press. Fried, C. (2015).Contract as promise: A theory of contractual obligation. Oxford University Press, USA. Goh, Y., Lee, P. W. (2014). Contract law.Singapore Academy of Law Annual Review of Singapore Cases, (2014), 217. Mahmood, A. (2013). The need for legislative reform of the privity doctrine in commercial contracts in Malaysia: a comparative analysis. McKendrick, E. (2014).Contract law: text, cases, and materials. Oxford University Press (UK). Michael, A. O., Razak, A. R. (2013). The study of claims arising from building collapses: case studies from Malaysia, Nigeria, Singapore and Thailand.Civil and Environmental Research,3(11), 113-129.
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