.

Friday, April 17, 2020

The Forbidden Facts About How to Write a College Writing Essay Where Evidence Is Based on Observation Uncovered by an Expert

The Forbidden Facts About How to Write a College Writing Essay Where Evidence Is Based on Observation Uncovered by an Expert The New Angle On How to Write a College Writing Essay Where Evidence Is Based on Observation Just Released Writing a satisfactory and readable essay is something that everybody would like to reach. Research essay examples are some of the the essays you may clearly distinguish the degree of hierarchy of the topic. Academic papers need you to identify a specific angle to pursue in writing, which is going to be the basis of the paper. Essay conclusion in a conventional essay is an overview of the human body of the essay to demonstrate the writer's point. You might also like completely free essay examples. Other forms of essays are wholly discussed in the next section. Conventional essays represent the typical sort of essays that get assigned in the majority of universities and colleges. If you learn how to compose such fragments of your paper, it is going to be less difficult for you to write increasingly more complex and hard papers. Each part of your paper ought to be written properly. If you don't understand how to work on this component of a paper, you can order an essay online and receive the result you want. A paper is a kind of evaluation instrument, so you might have to compose a paper on the subject which you have already studied. The Argument About How to Write a College Writing Essay Where Evidence Is Based on Observation Everything is dependent on his perspective, reaction or opinion on a specific issue. You ought to do that because, while reading your essay, the individual will have the ability to imagine he or she is the observer. In an observation essay, this essential sentence might take the shape of the overall impression (or perception) you got from the whole process. Devote every paragraph to a certain idea and a couple associated evidence s. This essay can help you show your assertions on a specific topic is correct or more truthful than others. Don't be afraid if your opinions are not the same as the others so long as you develop them clearly and utilize evidence intelligently. It's also wise to set your argument in the context because it's going to be simpler for the reader to realize your point. It's possible to either opt to support the arguments or ideas in the movie, or concentrate on disputing them. Unlike other kinds of academic papers, an observation essay demands the writer to use the very first individual. You should come up with an idea based on the way in which the documentary touched you. Your observation narrative needs to be linear and written in the current tense. The aim of an observation essay is to supply the reader with a feeling of the experience felt by the writer. On the last part, you may also compare the documentary with others in the very same genre or subject in order to produce readers have better comprehension of the review. The writer ought to be detail-oriented in order to make an illusion of reader's individual involvement and total comprehension of the setting. He can also recruit a friend to offer a critique of the work and hep give helpful pointers on what to eliminate and what to add on. Actually, a wonderful writer will present a subject so well that a reader could possibly be shown certain details which he or she hadn't ever noticed before . After looking at it, you'll have a notion of how it should look. Although two students may attend class daily together for numerous decades, there is a clear chance they may know practically nothing about one another. It's crucial that you use the most suitable sort of evidence, that you use it effectively, and that you've got an acceptable amount of it. Likewise sometimes, even when you have the choice of being only a spectator, you should also factor in the potential influence you may have on the surrounding environment, event, or the person being analyzed. Any other occurrences that would result in a change in the very first impression also noted. Such a degree of engagement was reached as a way to convey a quite straightforward principle. The dialogue starts out with Vladimir, who's addressing Estragon, This can be viewed as a comical scene as a result of Estragon's failure to comprehend the most important term.

Wednesday, April 15, 2020

The scope of the doctrine and remedies for frustration of contract in English law Essay Example

The scope of the doctrine and remedies for frustration of contract in English law Paper The courts have interpreted the scope of the doctrine of frustration narrowly, in accordance with the principle pacta sunt servanda agreements must be kept. If the courts readily held that a contract was frustrated, it would cast significant doubt on an array of agreements that make commerical enterprise possible. As Lord Radcliffe advised in Davis Contractors Ltd v Fareham UDC, [f]rustration is not to be lightly invoked as the dissolvent of a contract.i This discussion will first examine the underlying reasons for the narrowness of the doctrine before considering the specific limitations. Here it will be argued that in some instances the courts decisions have been inconsistent and in others they have been unduly harsh. The following part of the discussion will examine the remedies available to parties of a frustrated contract, as found under the Law Reform (Frustrated Contracts) Act 1943. The deficiencies in the statute will be explored, amongst them ambiguity, which has led to the rare use of the Act. Instead, parties have opted to draft out the Act and include provisional clauses of their own. These force majeure and hardship clauses provide for a solution if a supervening event occurs which makes it impossible or more onerous for one party to perform. With the unsatisfactory state of the law governing frustration, it will be posited that these clauses are vital to retain an element of certainty in commercial contracting. We will write a custom essay sample on The scope of the doctrine and remedies for frustration of contract in English law specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The scope of the doctrine and remedies for frustration of contract in English law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The scope of the doctrine and remedies for frustration of contract in English law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The scope of the doctrine of frustration Contract law is founded on the principle that liablity for non-performance is strict. While this seems particularly severe, it is substantiated with the belief that parties receive valuable consideration for taking risks. The allocation of risks provides a major function of the law of contract: it enables individuals and corporations to plan for the future with a moderate degree of certainty and hence to maximise their freedom of action.ii A contract can only be frustrated when performance becomes impossible, or a supervening event takes place that would make performance radically different to that which was contracted to by the parties. If frustration is sufficiently pled, its result is to bring the contract to an end. Given this drastic outcome, the courts have interpreted the scope of the doctrine narrowly in order to preserve the sanctity of contract.iii Paradine v Jane is most frequently cited to demonstrate this: When a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.iv Furthermore, if a party feels that they would be unable to perform if a supervening event occurs, they should provide for it in the contract. Many supervening events that can impede performance are foreseeable and parties should construct their contracts accordingly. There are several circumstances that may qualify for discharging the contract on grounds of frustration. These include the subject matter of the contract being destroyed; illness or incapacity of a contracting party; the non-occurrence of an event that formed the foundation of the contract; supervening illegality.v It is certainly not a rule that these circumstances will frustrate a contract. As Lord Sumner stated in Bank Line Ltd v Arthur Capel and Co, ultimately the frustration of an adventure depends on the facts of each case.vi There are three main limitations to the doctrine. Firstly, if there are provisions in the contract that provide for a solution if an event occurs, then an argument based on frustration is unlikely to be entertained as the parties have already provided for the occurrence.vii Secondly, if the event is foreseeable, the parties are unable to avail of the doctrine of frustration. In Amalgamated Investment and Property Co Ltd v John Walker Sons Ltdviii the claimants sought to set aside a contract for sale of a property, when they found that a day after they had signed the contract, the property became listed and could not be redeveloped. This reduced the value of the property by approximately 90%. The court held that the contract was not frustrated because the claimants were aware of the risk, as evidenced by a pre-contract enquiry as to whether the building could be listed. The supervening event did not fulfill the test set by Lord Radcliffe in Davis Contractors Ltd v Fareham UDCix it did not render [the performance] a thing radically different from that which was undertaken by the contract.x In Krell v Henryxi Vaughan Williams LJ expressed the foreseeability test in terms of whether the event was anticipated or not. Despite the logic of this proposition, it has not been without challenge. In The Eugenia, Lord Denning stated that: It has frequently been said that the doctrine of frustration only applies when the new situation is unforeseen or unexpected or uncontemplated, as if that were an essential feature. But it is not so.xii In stating this, Lord Denning relied upon the judgement in WJ Tatem Ltd v Gamboaxiii where a charterparty was held to be frustrated, even though it was foreseeable that the ship would be seized. It is difficult to reconcile these judgements with previous ones that have been decided, and it is indeterminable as to how future courts will rule on this test. A third limitation on the doctrine of frustration is if the event is self-induced. In Taylor v Caldwell, Blackburn J stated that frustration applied where performance had become impossible without default of the contractor.xiv The way in which the courts have interpreted a self-induced event is not free of controversy. In J Lauritzen AIS v Wijsmuller BV The Super Servant Two Bingham LJ stated that frustration had to arise from some outside event.xv In this case, the defendant contracted to transport an oil rig with either the Super Servant One or the Super Servant Two carrier. The defendant intended to use the latter, but it sank, and the Super Servant One had been allocated to other contracts. The Court of Appeal held that the contract was not brought to an end because of the sinking of Super Servant Two, but because of the defendants election not to use Super Servant One, therefore the contract was not frustrated. Treitel has criticized the reasoning of this judgement on the grounds that after the loss of the ship, it became impossible for the defendants to perform all its contracts during the period in question with only one operable carrier. Treitel further argues that in such a circumstance, where a party has entered into a number of contracts with other parties, and a supervening event does not permit him to satsify all those contracts, he can, provided he acts reasonably, elect to perform some of the contracts, and claim that the others have been frustrated by the event.xvi This argument certainly has merit and would lead to a far more just result than that decided by the court. The Law Reform (Frustrated Contracts) Act 1943 In cases where a contract was frustrated, the common law was ill-equipped to provide a remedy. This lead to unjust decisions, such as Chandler v Websterxvii where a contract was frustrated but the aggrieved party was still liable to pay. The rights of the parties were determined solely on when the obligation to pay arose before or after the frustrating event. If they arose before, then there was still an obligation to pay, regardless of whether there had been a total failure of consideration. In 1943, the Law Reform (Frustrated Contracts) Act [hereinafter the Act] was passed primarily to resolve this situation.xviii Shortly before the enactment of the Act, the House of Lords reversed Chandler in the case of Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd.xix Money paid before the event was recoverable when there was a total failure of consideration. This was an improvement in the state of the common law, but it was still not satisfactory as it did not allow the payer to recover money where there was only a partial failure of consideration, and furthermore, the payee could not set off expenses that he legitimately incurred. Under s.1(2) of the Act, money paid before the frustrating event is recoverable and money payable before the event ceases to be payable, subject to legitimate expenses incurred before the event. Section 1(3) further provides that if one party has derived a valuable benefit from anything done by the other party, then the judge may order that party to pay a sum in respect of it. In BP v Hunt, Goff J stated that the fundamental principle underlying the Act itself is prevention of the unjust enrichment of either party to the contract at the others expense and its purpose was not to apportion the loss between the parties.xx As McKendrick points out, this interpretation is not without challenge, and an alternative analysis is that the Act is designed to provide a flexible machinery for the adjustment of loss.xxi The purpose of the Act is therefore still in doubt. There are more specific criticisms levelled by McKendrick.xxii Whilst they cannot all be addressed here, it is important to identify the primary difficulties. Firstly, s.1(2) does not cover money paid after the event; the payor would have to resolve this at common law where there is little respite. Secondly, it is difficult to ascertain how loss will be calculated between the parties. If the payor has given the payee à ¯Ã‚ ¿Ã‚ ½20,000 which has been expended in performance of the contract, how much can the payee retain? McKendrick states that the subsection is not well drafted and that inadequate consideration has been given to the apportionment of any losses.xxiii Section 1(3) is the most controversial part of the Act and was critical in the case of BP v Hunt. The word benefit has been given an unnatural and artificial meaning, and the way in which Goff J resolved the matter in BP can lead to less desirable results. The value of the benefit and the just sum to be awarded is totally left to the discretion of the trial judge, which is liable to lead to inconsistency in the future.xxiv Ultimately this creates further uncertainty and ambiguity, making it difficult for parties to determine their actual remedies under the Act. Force majeure clauses As the law currently stands, it is uncertain as to whether the courts will discharge a contract on the ground of frustration due to a supervening event, and if they do, the remedial position of the parties is entirely unclear. Parties can reduce this uncertainty by agreeing on a list of events beforehand which constitute force majeure. Parties can also widen the parameters of these clauses beyond the scope that the courts would ordinarily allow. For instance, price fluctuations would not ordinarly be held to frustrate a contract in the courts, whereas parties can state in their contract that it will constitute a force majeure event. The importance of force majeure clauses cannot be overstated in the drafting of commercial contracts. In Bremer Handelsgesellschaft mbH v Vanden Avenne-Izegem PVBA,xxv Mocatta J believed that there was much to be said for Counsels submission that there was no room for the doctrine of frustration to apply when elaborate provisions, by way of force majeure clauses, were in place. During uncertain economic times, businesses will try to rely on the doctrine of frustration and force majeure clauses inserted into their contracts that provide for such events. This was the case in the wake of the terrorist attacks in the US in 2001, when businesses sought to discharge their contractual obligations through reliance on force majeure clauses.xxvi However, they will only be successful if their provision has the clear intention of resolving the consequences that arise out of the supervening event. If a provisional clause is not drafted to properly account for the event, the court will not give it affect. In Thames Valley Power Ltd v. Total Gas Power Ltd xxvii the defendants entered into a 15-year contract with the claimant for the supply of gas, which contained a force majeure clause. In July 2005, due to the sharp increase in gas prices, the defendants informed the claimants that this constituted a force majeure event and they would be unable to supply the gas until the prices fell. The claimants argued that the increase in prices did not fall into the scope of force majeure, and the event had not rendered performance impossible; it merely made it less profitable. In his judgement, Clarke J ruled that the force majeure clause which the defendants relied upon did not sufficiently cover the increase in gas prices. He cited another force majeure case, Tennants Lancashire Limited v Wilson CS Co Ltd, where Lord Loreburn observed that: The argument that a man can be excused from performance of his contract when it becomes commercially impossible seems to me to be a dangerous contention which ought not to be admitted unless the parties plainly contracted to that effect.xxviii In order to make sure that every event is covered under force majeure, some parties draft the clauses in very general terms. However, the courts will not necessarily interpret a force majeure clause to cover every event, despite the wording of the contract. In Metropolitan Water Board v Dick Kerr Coxxix a contract to build a reservoir in six years contained a provision that allowed for an extension in the event of time delays, whatsoever and howsoever occasioned. The courts interpreted this to mean that it gave the builder a period of grace for non-frustrating delays. It did not cover the actual event government intervention in WWI which required him to halt work and sell his construction plant. Hence the builders plea of frustration was successful. Therefore, force majeure clauses can be seen to cover events that have the possibility of resolution within a short period of time, but obviously cannot cover an event that renders performance impossible. When the court rules that a contract is frustrated, it is terminated. As Treitel notes, this inflexibility leads to all or nothing solutions,xxx which is often not what the parties want. Provisional clauses therefore have the further benefit of allowing the parties to stipulate a modification to the contract, allowing for extra time or for an alternative mode of performance at an additional cost. Conclusion The effect of a supervening event is to throw a contract off course. Rather than mitigate the ensuing uncertainty that is caused, the law in its current state creates further ambiguity. The indefinite wording of the 1943 Act creates further uncertainty when it comes to the remedial standpoint of the parties. As McKendrick observes, it is perhaps fortunate that a frustrated contract is a comparative rarity in commercial practice and so the deficiencies in the Act [] rarely come to light.xxxi In light of this, force majeure and hardship clauses provide for a degree of certainty and flexibility in commercial contracting. Not only can parties make provisions for what constitutes a force majeure event, but they can stipulate the consequences of such an event. With contracting parties realising these benefits, it is common for even small businesses to incorporate provisional clauses into their agreements. However, contracting parties must be diligent in drafting these clauses so that they sufficiently account for the supervening event, otherwise they may find that they are still subject to the courts determination and the uncertainty that ensues.

Tuesday, April 14, 2020

Admin Research Paper Topics

Admin Research Paper TopicsAdministration research papers need to demonstrate a strong familiarity with the politics of the health care industry. In order to do this, the topic should first consider how much power political parties exert in health care and how much power is exercised by individual practitioners. By understanding the political landscape in this way, it becomes easier to analyze the goals of health insurance policies.Administration research paper topics should also include methods to determine how much influence the party that has control of the government currently has over the healthcare industry. Additionally, the goals should be discussed in relation to the federal budget. Estimating the overall effects of healthcare policy on the overall budget is one way to measure political influence. Research papers that take into account the budgetary impact of healthcare reform policies will be more informative than those that fail to do so.Under what circumstances does the g overnment change its administrative procedures? The medical community is divided on this issue and many will argue either for or against the idea that the federal government's administration changes directly influence healthcare policy. Administration research papers that discuss the relationship between healthcare policy and federal healthcare regulation will make a stronger argument for the former than the latter. Moreover, research papers that show how the government's policies directly affect healthcare are more persuasive than those that assume these policies are unimportant to medical practice.It is also important to consider how administrative procedures can affect the practice of medicine. Medical professionals who understand how the bureaucratic process affects doctors and patients are likely to be more informed about the legislative process and how to influence it. These experts may even convince patients and doctors to support health care reform legislation.The administra tive and political aspects of the medical policy process are inherently interdependent. The point is that a poorly designed administration reform policy will have very little effect on healthcare policy. The better, and more informed, the policy is, the more influential the legislative process will be. If research papers discuss the effects of healthcare reform legislation on the legislative process, they will be more relevant to people in the trenches than papers that ignore the role of the legislative process.The goal of healthcare reform should also be discussed. Research papers that focus on how healthcare reform affects the political process, like the ones described above, will be more persuasive than those that disregard the political component. Carefully constructed research papers that describe how healthcare reform affects health policy will be the most successful.Policy reform research papers are written to generate new ideas that change the face of healthcare by involving medical professionals in the process. It is essential that the initial ideas are grounded in solid research, because the ideas and evidence generated will shape healthcare policy.Administration research paper topics should not ignore the needs of patients. At the end of the day, the same patients who will benefit from reform are the ones who have been affected the most by the past administration. The proof of policy change lies in how patients and other stakeholders can actually benefit from the policy itself, rather than what the government did.

Sunday, April 12, 2020

Research Paper Topics For Qualitative Research

Research Paper Topics For Qualitative ResearchBefore you write your research paper, try to avoid writing on areas that you are already familiar with. If possible, write on new topics and explore the findings that may be useful to you.It can be difficult to work as a researcher or a writer of academic materials that are based on qualitative research. This is because most people have a negative view of qualitative research; they think it's difficult to do and not worth doing.However, it is very important to make use of the power of qualitative research if you want to create the best work of writing in the long run. As a researcher, you should become familiar with the way qualitative research is conducted. If you understand the process, you can be more effective in working on a variety of qualitative research topics for qualitative research.The first step to writing a research paper is to identify the research topic and the research paper topics for qualitative research. By having a rou gh idea of the focus of your study, you can narrow down on the areas you want to write about. However, if you want to become an expert in this area, you should also be able to identify the main areas in which your research will be done.After identifying the key topics and the focus of your qualitative research, you should also get some ideas from the information you read or gather from experts in this field. Through this, you will have a better idea of the topics you should be writing about. In other words, if you want to make sure that you know the basics about a topic, you should read about it in various books or online sources that provide material about the topic.The next step in writing a research paper about research on topics for qualitative research is to write your content according to the chosen topics. However, even after you write the content, you still need to be aware of how much information you need to present. For example, do you just need to say what the study aims were or do you also need to include details such as the number of participants, types of participants, sample types, types of study design and the range of variables you used? When writing a research paper on topics for qualitative research, you will be provided with guidelines for doing the research that you are undertaking.The main purpose of the research paper is to present your findings. Therefore, you should try to maintain a good balance between presenting the research and facts and details. Moreover, you should also ensure that your audience can easily understand the points you are making through a clear writing style.Finally, your research paper should be well organized and structured. To keep this in mind, make sure that the information you include is organized in a manner that makes the reader easier to read. Research papers are mainly based on data collection, data analysis and presentation of results so you must ensure that the information is easily accessible to the rea ders.

Friday, April 10, 2020

Using Essay Prompts

Using Essay PromptsTexas State Technical College essay prompts are often the most important things that a student can remember when it comes to writing their college essays. They are often used as the main ingredients in writing a successful college essay as it is the knowledge that they can access to create a good topic for your essay.There are several websites that have college essay prompts that students can use for a good amount of time. However, some of these may be a little expensive and you will be faced with spending more money than you expect to when it comes to purchasing this. This is where Texas State Technical College's website comes in handy for students who would like to go ahead and get the right essay prompts for their essay.Students that would want to make sure that they are getting the right Texas State Technical College essay prompts will find that the site has a wide array of choices that are updated regularly. This means that they are updated with all the newest ones that they can come across. There are a number of other Texas State Technical College essay prompts that they also offer so that students can choose the one that is appropriate for their needs.A student can select the Texas State Technical College essay prompts that they would like to use in making their college essay. These are usually divided into five categories based on their category. There are essay prompts that cover different levels of the material and therefore, if you wish to give a good outline to your essay, you must be able to keep up with this level.It is important for students to understand the difference between these two options before going ahead and choosing one over the other. To help them understand, they can check out the explanation of each option and then choose one according to their level of understanding. If students do not understand the difference between the two choices, they can seek help from their guidance counselor at the end of the semester.Tt exas state technical college essay prompts There are a number of writers that provide good advice on this topic. These can be a bit expensive, so they are often sought after. If students cannot afford these, they can seek help from their guidance counselor.There are other aspects that you can look at if you are looking to have an impressive Texas State Technical College essay. These include the formatting of the document and the flow of the essay. This helps you to ensure that you come up with a document that is interesting and understandable.