Sunday, January 19, 2020

The Tuskegee Experiment

The Tuskegee experiment was yet another demonstration of racial inequalities and dehumanization illustrated by a people who believed in racial superiority. The experiment was unethical and demoralizing from the beginning. The analysis was corrupt and unethical for a plethora of reasons. The experiment disregarded several basic principles of the American Sociological Association’s code of ethics. Perhaps the greatest flaw in the experiment was the intended denial of treatment, which, in turn, directly affected the subject’s safety, violating the code of ‘protecting subjects from personal harm’. Respect the subject’s right to privacy and dignity’ is an additional custom in the code of ethics ignored. The researchers clearly could not even conceive the thought of respecting these â€Å"inferior racial guinea pigs†, not their health, their dignity, or their humanity. The fact that these men were made a mockery of, lied to, and belittled aff irms that the informed consent was nothing more than a deceitful tactic to involve the individuals.The men were advised that they were ill and were promised care, and were not told they were participants in an experiment, which precisely disrupts the code of ‘seeking informed consent when data are collected from research participants or when behavior occurs in a private context’. Though the event preceded the declaration of the informed consent notion, it is still fraudulent because of the timeline and deceptions planned and carried out by the conductors, therefore it should still be factored in, because of the depth and the fact that the participants were bamboozled.The fact that the treatments were ineffective have nothing to do with the experiment being ethical, as far as the conductors were concerned, treatment was out of the equation anyway, so the fact that the dosages were toxic is irrelevant. The advanced nature of the syphilis in each patient contributes to the prevailing thought that the study was not only misguided, but unscrupulous as well. These men needed immediate medical care, but the urgency was of no concern to the researchers.The fact that these men were told they were ill (and that they were) and promised care, but were denied it, provides further evidence that experiment should have been stopped before it was even initialized, but realistically that was not going to happen. When the patients began dying off, the researchers should have stepped in, stopped the study and treated the patients, but because of the â€Å"ignorance and easily influence nature† of the subjects, they were not given treatment.Ignorance is deemed the right term indeed, but only because the researchers left out the whole nature of the experiment. They were given placebos, food, shelter, and constant letters informing them they were being treated and followed up on. Initially, I believe the patients were, in a way, excited about the treatment, becau se they thought it was just that, treatment. The participants were not too quick to jump into the research though, until of course, they were given incentives, their cooperation was built on the promise of help and generosity of mankind.As time moved forward, I believe they were still hopeful due in part to the fabrication of treatment, but maybe a bit suspicious, hence the start of the covers for burial preparations if death, in fact, struck them. As the years progressed, many participants died, from the severity of their illness, so therefore much of the primary evidence of feelings and emotions is not known. Over time, I expect that the attitudes toward the experiment, from the perspective of the participants and outsiders, did indeed change, and not positively. In decades following, the attention became negative, angry, and impatient.As of now, I believe people, of all races, are utterly disgusted and outraged. The fact that this continued for nearly forty years is incredible an d ridiculous. Withholding information of this magnitude, which affects one’s health or safety is unacceptable. In other studies, it can be accepted, because many times, knowing the intent of an experiment can alter the outcome, defined in the Hawthorne Effect. So long as the study does not inflict harm or danger to its subjects, both physically and mentally, withholding information can be justified.When an experiment is found to be unethical or corrupt period, the information gathered should be discarded and not used or profited for the advancement of science, because that in turn, discredits science in general. If the results were to be published and interpreted, being incorrect, then future experiments and observations founded on these primitive notions will not only be invalid, but could lead to negative effects. To conclude, not only was the trail immoral and unethical, it could have potentially changed the face of science and how we look at diseases, such as syphilis its elf.

Friday, January 10, 2020

Health and Behavioral Consequences of Binge Drinking in College Essay

Objective — To examine the extent of binge drinking by college students and the ensuing health and behavioral problems that binge drinkers create for themselves and others on their campus. Design — Self-administered survey mailed to a national representative sample of US 4-year college students. Setting — One hundred forty US 4-year colleges in 1993. Participants — A total of 17,592 college students. Main Outcome Measures — Self-reports of drinking behaviour, alcohol-related health problems, and other problems. Results — Almost half (44%) of college students responding to the survey were binge drinkers, including almost one fifth (19%) of the studenst who were frequent binge drinkers. Frequent binge drinkers are more likely to experience seious health and other consequences of their drinking behaviour than other students. Almost half (47%) of the frequent binge drinkers experienced five or more different drinking related problems, including injuries and engaging in unplanned sex, since the beginning of the school year. Most binge drinkers do not consider themselves to be problem drinkers and have not sought treatment for an alcohol problem. Binge drinkers create problems for classmates who are not binge drinkers. Students who are not binge drinkers at schools with higher binge rates were more liekly than students at schools with lower binge rates to experience problems such as being pushed, hit, or assualted or experiencing an unwanted sexual advance. Conclusions — Binge drinking is widespread on college campuses. Programs aimed at reducing this problem should focus on frequent binge drinkers, refer them to treatment or educational programs, and emphasize the harm they cause for students who are not binge drinkers

Thursday, January 2, 2020

Drugs And The Treatment Of Alcohol Withdrawal Syndrome Essay

Has anyone ever known an alcoholic? Perhaps someone you love such as a spouse, a family member, or a friend? Have you ever wished there was a magic pill that could cure Alcohol Use Disorder (AUD) and Alcohol Withdrawal Syndrome (AWS)? Researchers have discovered medications that could cure this disorder. In the article â€Å"Baclofen in the Treatment of Alcohol Withdrawal Syndrome: A Comparative Study vs Diazepam†, authors Giovanni Addolorato, MD, Lorenzo Leggio, MD, Ludovico Abenavoli, MD, Roberta Agabio, MD, Fabio Caputo, MD, Esmeralda Capristo, MD, Giancarlo Colombo, PhD, Gian Luigi Gessa, MD, and Giovanni Gasbarrini, MD discuss the benefits of using medication to aide in the side effects of AWS. Alcohol Use Disorder (AUD) is a debilitating disease that should be treated using the medications Baclofen or Diazepam because research has shown that both medications significantly reduce anxiety, tremors, shakes, and agitation which are symptoms of alcohol withdrawal sympto ms (AWS) (baclofen.org, 2006). AUD is a pattern of uncontrollable alcohol consumption. It causes a person’s life to be preoccupied with alcohol, and if not consumed, it causes AWS. It can range from mild to severe, but a mild case can escalate and lead to serious problems. It is important to treat even a mild case as early as possible (mayoclinic.org, 2015). Alcoholism affects vital organs in the human body such as the liver, the heart and the brain. The liver is affected by alcohol after years ofShow MoreRelatedThe Video Opiate Addiction : Understanding Replacement Therapy Essay952 Words   |  4 Pageschemistry, post acute withdrawal syndrome, abstinence based treatment programs verses harm reduction, and how an individual asses the damages of opioids on the brain. As a counselor in training, I found all the information useful because I have not studied methadone replacement therapy in detail. One of the most interesting facts that Scott Farnum mentioned was about the withdrawal period of Opioids. As a substance abuse counselor in training I have heard a lot about the withdrawal from opioids. MoreRead More alcohol Essay examples805 Words   |  4 Pageschronic and usually progressive illness involving the excessive inappropriate ingestion of ethyl alcohol, whether in the form of familiar alcoholic beverages or as a constituent of other substances. Alcoholism is thought to arise from a combination of a wide range of physiological, psychological, social, and genetic factors. It is characterized by an emotional and often physical dependence on alcohol, and it frequently leads to brain damage or early death. Some 10 percent of the adult drinkers inRead MoreWhat is Emergency Psychiatry?1345 Words   |  5 Pages either to the individual or to others. Sign and Symptoms: In emergency situations, psychiatrists are often faced with the diagnosis and treatment of patients presenting with psychiatric symptoms of sudden or presumed recent onset. These symptoms can be subdivided into the following types: 1. Agitation and violent behavior, with or without signs of alcohol or other intoxication 2. Depression with suicidal ideation 3. Acute psychotic reactions like thought disorder, paranoid ideation, and/or hallucinationsRead MoreAlcoholism Outline809 Words   |  4 PagesObjective: To be able to discuss about Alcoholism. 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This condition afflictsRead MoreThe Goals Of Therapy / Previous Meds856 Words   |  4 PagesGoals of Therapy/Previous meds Treatment goals for WM are to resolve his alcohol withdrawal symptoms, abdominal pain, nausea/vomiting, fluid/electrolyte deficit, fever, elevated BUN and reduce the risk of developing systemic complications associated with necrotizing pancreatitis.1 WM should see improvements in his abdominal pain, general mental state and overall quality of life during his treatment, which will allow him to eventually return to work and resume daily activities.1,2 Discontinue TylenolRead MoreAlcoholism Analysis1434 Words   |  6 Pagesbased on both the physical and emotional dependency on alcohol. In many cases it leads to brain damage and/or early death. Early symptoms include putting excessive importance on the availability of alcohol, which influences a persons choice pastimes and friends. Alcoholics use alcohol more as a personality changing drug rather than a beverage served with food or as a social custom. An alcoholic usually has a high tolerance to alcohol, which means being able to drink more and show fewer sideRead MoreHeroin As A Drug Free World1632 Words   |  7 PagesIt is estimated that 9.2 million people in the world currently are addicted to heroin. In 2007, the National Survey on Drug Use and Health reported 153,000 current heroin users in the United States. (Foundation for a Drug-Free World, 2017). Diacetylmorphine, more commonly known as heroin, was developed in 1874 when an English scientist, C.R. Alder Wright from St. Mary’s Hospital in London, attached two acetyl groups to morphine. This change was so significant because it made a product that wasRead MoreThe Effects Of Drug Abuse Among Adolescents 1423 Words   |  6 PagesDrug abuse among adolescents is a growing problem in the United States with a staggering amount of teens falling victim to the vicious cycle of drug abuse. Teens are subjected to pressure from their peers and have the misconception that using drugs are cool and free of consequences. Therefore, teens begin to experiment with drugs and alcohol at an early age and often times don’t think about the negative stigma associated with drug abuse. Unfortunately, even casual use of drugs and alcohol canRead MoreDrug Abuse And Its Effects On The Brain1535 Words   |  7 Pagesbrain the same. That is not the case. Drugs are a colossal problem nowadays for teenagers and adults, Drugs can alter the brain permanently, and it can be almost impossible to recover from addiction, especially as a teen. Addiction is a chronic relapsing disease that is characterized by compulsive drug seeking and abuse and long lasting chemical changes in the brain. People who are add icted to certain kinds of drugs are lead onto a long and hard path of drug abuse and dependence. Whether or not

Wednesday, December 25, 2019

What You Need to Do About Good Friends Essay Samples Beginning in the Next Two Minutes

What You Need to Do About Good Friends Essay Samples Beginning in the Next Two Minutes The previous area of the paragraph functions as the transition in the next paragraph. In case the matter is personal, that's simple to do. Remember, however, that it's rarely a fantastic concept to emulate somebody else's topic or writing style. Ultimately, the detail of real speech makes the scene pop. What You Don't Know About Good Friends Essay Samples There are plenty of aspects in relationship that will need to be thought about first before one notices which he or she has a strong friendship with his close pals. As a consequence of very good friendship companionship keeps growing and every encounter gives meaning to the genuine friendship. They will always lead a good and significant path. Trust good friends ought to be trustworthy. In addition, it can sometimes be recommended to check at either side of the argument since it might be easier that you brainstorm ideas. Unique thing s to various folks, since the situation demanded. When you're asked whether you agree (or disagree), you may look at either side of the argument if you'd like. You must have friends that you are able to be sure is likely to stand behind you whatever the circumstance or problem that you're facing. If it's possible to take your essay and substitute the name of a single school for another, then you've failed to deal with essay prompt adequately. When selecting the proper college essay topics, students ought to be keen to focus on the principal ideas they're attempting to pass in their essay. When finding the mandatory example of a fantastic essay or research paper, you may benefit in many facets of essay writing. One of the major aspects about a college essay is, it needs to be grammatically coherent. Browsing the internet you will discover millions of essay writing resources. If you're applying to a college that doesn't accept the Common App, you will have to answer their pr ecise essay questions. College application essay, is a significant aspect as it enables the panel, decide on the best students that show the right sort of motivation, for placement into a few of their programs. A college application essay is a substantial method of letting the panel learn more concerning the student. The introduction to a research paper may be the most challenging portion of the paper to write. Likewise you're totally free to order entire academic project and be certain that we'll deliver a perfect paper for you. Or you might even receive a separate portion of your essay paper done. The research paper is among the many students tasks in college that's intended to demonstrate the amount of their knowledge. The Fight Against Good Friends Essay Samples Basically, the admissions folks wish to understand why their school is of specific interest to you. Colleges wish to get to learn more about you. The student ought to be in a place to share their values and dreams they aspire to achieve as soon as they get the occasion to get in the college in the discussion. Therefore, the majority of the students will concentrate on ensuring they have the appropriate grades to enter a specific college. Gazals are his favourite location. Any thorough university offers a type of subjects and enables students to grow. Our high quality companies come at quite friendly and affordable rates and we guarantee you will return frequently due to our cheap prices. There's no superior service that gives college term papers of the identical high quality written by educated and seasoned writers. In the majority of people nowadays it is now easy to form friends. Excellent friends influence very good behavior and one wants to associate with these kinds of men and women. A very best friend ought to be there for us all the moment, regardless of what the situation might be. While, there are several friends that you produce at various phases of your life only a couple of hold on and be there for you in your need. Good Friends Essay Samples Explained Stephen's essay is rather effective. Life becomes somewhat easier and beautiful whenever you have a faithful and honest friend by your side tha t you're able to trust and rely on. The essay on my very best friend is going to be a narrative essay, where you're sharing your thoughts and individual experiences about your very best friend. A hero ought to be someone that you're able to look up to. Thus an actual friend is the ideal source of happiness. A false friend always attempts to benefit from friendship. The admissions folks want to observe a crystal clear and sensible reason behind your urge to transfer. Our site, together with our highly qualified team ensure that custom writing essays is done so as to suit the customer's needs and make sure that they're happy. One, we apply an extremely careful collection of our writers. Our writers also undergo a string of other training that could truly convince us they are best for the job.

Tuesday, December 17, 2019

The Presidential Election And Caucus - 903 Words

This year’s presidential election is is being referred to as one that will be historic. While the 2016 presidential campaign has in fact caused social and political disagreement, each candidate beginning and remaining candidate in the presidential race brought forth issues in our nation for table discussion. One of the most debated topics during the primary elections and caucus season was the issue of immigrants and illegal immigration. During this time, current Republican front runner Donald Trump declared accusations towards the Mexican and Hispanic community as being part of the American downfall. While making vulgar remarks earned the GOP candidate publicity and support from anti-immigration reform holders, Trump’s remarks also brought forth the argument into the light. Today, different sources estimate an eleven to twelve million people are living under undocumented status in the United States. However, according to the Colorado Alliance for Immigration Reform, the approximate 11 million population figure of undocumented immigrants could easily double, as the current estimates are based only on pooled data from the U.S Census and immigration research centers (www,cairco.org, 2016). According to research by Angela Adams for Access to Higher Education â€Å"an estimated 11.5 million of the more than 40 million foreign-born individuals residing in the United States are considered undocumented immigrants,† (Adams, 2015, p.47). Of these roughly 2 million make up â€Å"undocumentedShow MoreRelatedThe Main Duties Of The President1127 Words   |  5 PagesAs seen on the internet, a popular topic that may be seen or heard about is the 2016 presidential election. One may say that it is absurd to already be discussing the election so many months ahead, however, since this is an election to choose the leader of this country, many procedures are to be accomplished beforehand. Children grow up with the idea that the president is a very powerful person who takes care of his or her country. That is indeed very true; the president has multiple duties thatRead MoreA Smarter Election 2016. Last Night869 Words   |  4 PagesA Smarter Election in 2016 Last night, the citizens of Iowa kicked off the presidential nomination process by coming out in record numbers to participate in the quirky, uniquely American Iowa Caucus. A complicated voting process that differs by party,—Republicans use a secret ballot while Democrats show support based on their location in the room—the Caucus has seen its share of vote counting errors. Most recently, in 2012, Mitt Romney was declared the initial winner when in fact Rick SantorumRead MoreThe United States Election Process Essay1121 Words   |  5 Pages The United States Election Process With the 2016 presidential election on its way, with two of the most polarizing candidates ever. And one who shared that if he loses then the â€Å"System is rigged†. With Congressional approval rating at 17%, politics in the U.S appears rotten. Which is what the freackanomics episode I listened to, â€Å"10 ways to make politics less rotten† was about. But how may know how the U.S election cycle actually works? The process can be quite complicated and confusing at timesRead MoreDoes the Current Electoral Process Result in the best Candidate for President?1664 Words   |  7 Pagesdeveloped in order to pick their presidential candidates. This method was the congressional caucus. The framer’s method in 1787 was that each elector would cast two electoral votes, each for a different person for president. The person who received the majority of the electoral votes would win the presidential election and the person who received the second most amount of electoral vot es won the vice presidential election. However, the rise of political parties and the election of 1800 made a great changeRead MoreA Smarter Election 2016. Last Night Essay905 Words   |  4 PagesA Smarter Election in 2016 Last night, the citizens of Iowa came out in record numbers to participate in the quirky, uniquely American Iowa Caucus, which kicks off the presidential nomination process. A complicated voting process that differs by party,—Republicans use a secret ballot while Democrats show support based on their location in the room—the Caucus has seen its share of vote counting errors. Most recently, in 2012, Mitt Romney was declared the initial winner when in fact Rick SantorumRead MoreNational Voter Registration Day ( Nvrd ) Essay700 Words   |  3 Pagesare embedded with links to their website to educate eligible voters and mobilize volunteers. 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ElectionRead More‘the Advantages of Primary Elections Far Outweigh Their Disadvantages in the Selection of Each Partys Presidential Candidateà ¢â‚¬â„¢, Discuss955 Words   |  4 PagesPrimary elections are elections held previous to a Presidential election to decide upon the presidential candidate from the two main parties. These are held in each state, each of which then goes on to sponsor the winning candidate of their primary at the national convention, where the party’s presidential candidate is announced. This method of choosing a candidate came about due to the McGovem/Fraser Commission of 1968 (where Mayor Daley refused McGovem the chance to run as he was too liberal).Read MoreU.s. Government s Presidential Selection Process851 Words   |  4 PagesThere has always been a history behind everything that the U.S. government has done. So why would the presidential selection process be any different. When looking at this procedure, unlike the Electoral College, the nominating of the presidential candidates are not spelled out in the constitution. Seeing as the constitution was written in the late 1700’s there were no political parties to speak of. At the beginning of 1796 members of the U.S. Congress would meet informally to agree on their party’sRead MorePresidential Election Of United States1497 Words   |  6 Pages Name Due date Word count: 1596 Presidential Elections Introduction The presidential elections of United States of America take an indirect form where citizens of the U.S who are registered as voters in one of the states in U.S which are usually 50 states, or the District of Columbia, cast ballots for Electoral College members, referred to as electors. These electors then in turn cast direct votes known as electoral votes in their respective state capitals for president and vice president positions

Monday, December 9, 2019

Business and Corporations Law Contract Act

Question: Discuss about the Reort for Business and Corporations Law of Contract Act. Answer: 1. Issue To ascertain the existence of consideration and enforceable agreement for Jack based on the information provided Law In order for an enforceable agreement to be enacted, there must be the presence of an offer and an acceptance and both must be legally valid. An offer is communicated by the offeror to the offeree and the offeree may decide to accept it, reject it or provide conditional acceptance (Carter, 2012). It is imperative that the decision to accept on the part of the offeree must be communicated to the offeror as mental acceptance does not amount to acceptance (Felthouse v Bindley (1862)). Further, any acceptance that has significant conditions attached is referred to as counter offer and hence would require acceptance from the original offeror (Harvey, 2009). Further, an imperative element that needs to be present in enforceable contracts is consideration. This concept helps in identifying gratuitous promises since these promises have no consideration present. As defined in Dunlop Pneumatic Tyre Co Ltd v Selfridge Co Ltd (1915), consideration refers to a promise of action of restraining from a particular action and acts as the compensation foe buying the promise of the other party. The presence of consideration is an essential element for contract formation (Richard, 2003). However, it is imperative that consideration must satisfy certain norms that are detailed below (Taylor Taylor, 2015). The consideration must not be a favour or action done in the past but should be acts that would be performed either in the present or future (Lampleigh v Braithwait (1615)). It is not imperative that consideration should be adequate. The only requisite condition is that it should have some value. The adequacy of value is the subjective judgement of the contracting parties as established in the verdict of the Chappell Co Ltd v Nestl Co Ltd (1960) case. In this case, it was opined that the consideration amount and nature is the will of the promisee and no third party should dwell into evaluation of the same. However, in case of certain contracts where unconscionable conduct is suspected, there the question with regards to adequacy of consideration may be raised (Paterson, Robertson Duke, 2015). The consideration may not be adequate but it should be sufficient as defined in legal terms. If the sufficiency clause with regards to consideration is not met, it essentially implies that no consideration is present and hence the underlying contract is rendered legally non-enforceable (Gibson Fraser, 2014). The consideration promised should be legal and definite in value. Any consideration which is indefinite in value would not be constituted as consideration. Application The given situations need to be analysed in the wake of the relevant provisions related to contract law and common law that have been discussed above pertaining to agreement and consideration. Jane, the offeror makes an offer to Jack, the offeree with regards to offering her Lotus Super 7 Sports car for free since she is going overseas. Jack provides unconditional acceptance for this offer extended by Jane. Besides, it is given that the market value of the vehicle at the time of this offer was $ 25,000. Jack, in this case does not have an enforceable agreement in place since for the promisor i.e. Jane, there is no consideration that is present as is not extracting any money or in kind compensation for giving her car to the promise or Jack. In the absence of consideration, the given promise would be termed as a gratuitous promise and these promises lack legal enforceability. As a result, it may be concluded that in this case, there is no enforceable agreement for Jack. Jane, the offeror makes an offer to Jack, the offeree with regards to offering her Lotus Super 7 Sports car for $ 25,000 since she is going overseas. Jack provides unconditional acceptance for this offer extended by Jane. Besides, it is given that the market value of the vehicle at the time of this offer was $ 25,000. In the given case, Jack has an enforceable agreement with regards to sale of car. This is because a valid offer was made by Jane to sell her car to which unconditional acceptance was tendered by Jack. Further, consideration for the promisor exists which is equal to the market value. As a result, it may be concluded that in this case, that Jack has an enforceable agreement. Jane, the offeror makes an offer to Jack, the offeree with regards to offering her Lotus Super 7 Sports car for $ 2,500 since she is going overseas. Jack provides unconditional acceptance for this offer extended by Jane. Besides, it is given that the market value of the vehicle at the time of this offer was $ 25,000. In the given case, Jack has an enforceable agreement with regards to sale of car. This is in line with the arguments extended in the Chappell Co Ltd v Nestl Co Ltd (1960) case where it was clearly stated that the adequacy of consideration is to be decided solely by the parties enacting the contract. Extending the arguments, here the offer of $ 2,500 is made by Jane only and the same does not seem to arise from any unconscionable conduct on the part of Jack. Thus, there is no denying here that consideration is indeed present. Further, the essential elements of an agreement i.e. offer and acceptance, are also present. Thus, Jack has an enforceable agreement with Jane for purchase of the given car for $ 2,500. Conclusion The above discussion indicates that legally valid agreement requires that offer and acceptance must be present that should be provided with consent. Further, presence of consideration serves to segregate the enforceable promises from gratuitous promises. Only in one case i.e. when Jane offers car for free, Jack does not has an enforceable agreement. In both other cases, irrespective of the consideration adequacy, Jack has an enforceable agreement in place. 2. Issue To opine with regards to the likely outcome of the buyers attempt of recovery of $ 3 million worth of excess payment after nine months of contract completion. Law One of the key conditions for enactment of a legally enforceable contract is the presence of free and mutual consent on part of both the parties. This is not only applicable for the execution of the initial contract but also holds true for subsequent modifications for the contract. Also, any modifications made in the contract needs to be consented by both contracting parties which typically require that significant consideration has to be present for both parties (Davenport Parker, 2014). However, if any contract or modifications to the same are enacted against the will of the other party, then this situation amounts to duress. It refers to the pressure that a person experiences on the behest of the other party with the intention of coercing the person into performance of any action which in the absence of pressure, the party would not have agreed (Taylor Taylor, 2015). It is noteworthy that duress is different from the concept the undue influence deployed in civil law. Duress is a defence available under common law whereby the party in a superior position abuses the position for to pose threats for the other party and thereby violate the principle of voluntary agreement for legal contract formation (Carter, 2012). With regards to contract law, there are two broad types of duress (Paterson, Robertson Duke, 2015). Physical Duress Economic Duress In cases of physical duress, threats of physical nature and violence are given with regards to the person or the goods which in turn forces the party to provide agreement with the demands. Initially, the court only took cognizance of physical duress (Harvey, 2009). However, in the Occidental Worldwide Investment Corporation v Skibs (The Sibeon The Sibotre)[1976] 1 Lloyds Rep 293 case, the principle of economic duress was taken in consideration for the first time and thus this case acted as a landmark decision in this regard. It essentially refers to the presence of economic pressure for compelling the party into agreement with demands that it would not have otherwise agreed to (Lindgren, 2011). The various elements of economic duress are highlighted below (Gibson Fraser, 2014). There is presence of wrongful threat which includes the threat of breaching contract to be executed in bad faith. There is no alternative available for the party but to agree with the demands of the other party. The threat effectively amounts to enactment of the contract which takes into consideration the situational factors. Financial distress is brought upon the other party. A relevant case in this regard is North Ocean Shipping v Hyundai Construction (The Atlantic Baron)[1979] QB 705. As per this case, the claimant entered into a contract with the defendant for building a ship for a specified amount in USD. Post the contract enactment, there was a devaluation of the USD by 10% which enhanced the cost for the builder (i.e. defendant). The defendant asked for additional 10% payment from the claimant and threatened to breach the contract in case of non-compliance with the request. Meanwhile, the claimant had got an attractive charter for the ship and therefore needed that the ship be delivered on time. As a result, the claimant reluctantly agreed to the defendants request. However, after eight months had elapsed from the date of delivery of ship, the claimant initiated legal proceedings to recover the excess payment made earlier (Carter, 2012). The judge opined that indeed there were elements of economic duress and hence it was voidable but the fact that c laimant had delayed their claim for so long implies that have effectively provided confirmation to the contract (Harvey, 2009). Hence, the claimant could not recover the excess payment made under duress. Application In the given case, North Ocean Tankers entered into a contract with a shipbuilder for the building of tanker. The contract price was negotiated in USD and the contract did not have any clauses dealing with currency fluctuation. After the execution of contract, the USD was devalued by 10% which caused the builder to demand $ 3 million as additional compensation. North Ocean Tankers (NOT) did not agree with this claim but due to unfair threat of contract breach, additional payment was agreed to. NOT had negotiated a lucrative charter for the proposed tanker and thus could not afford any delay in delivery. However, after nine months of delivery, NOT wishes to recover the excess payment made to the builder. It is apparent from the discussion of the relevant law that economic duress is present here. This is because NOT protested against the excess payment and were not legally entitled to make the payment. However, owing to economic threat of breaching the contract in unfair manner became the enabling force of providing consent for the additional payment. In the absence of this threat, the company would surely not have made additional payment of $ 3 million as the same was not driven from the contractual obligations. Further, the forced agreement to make the excess payment by NOT effectively resulted in contractual relations. Thus, it may be concluded that revised contract was indeed voidable at the behest of the company i.e. NOT. However, in light of the verdict of the North Ocean Shipping v Hyundai Construction (The Atlantic Baron)[1979] QB 705, the company i.e. NOT would not be able to recover the excess payment of $ 3 million as the delay in demanding the same has effectively led to c onfirmation of contract. Conclusion It can be concluded from the above discussion, that the revised contract with the excess payment clause was voidable at the behest of the company but due to the delay in making the demand for recovery of this payment, the payment becomes irrecoverable. In case, the recovery process could have been initiated earlier, the company may have succeeded in recovering the excess payment of $ 3 million. References Carter, J 2012, Contract Act in Australia, 3rd eds., LexisNexis Publications, Sydney Davenport, S Parker, D 2014, Business and Law in Australia, 2nd eds., LexisNexis Publications, Sydney Gibson, A Fraser, D 2014. Business Law, 8th eds., Pearson Publications, Sydney Harvey, C. 2009, Foundations of Australian law. 3rd eds., Tilde University Press, Prahran, Victoria Lindgren, KE 2011, Vermeesch and Lindgren's Business Law of Australia, 12th eds., LexisNexis Publications, Sydney Paterson, J, Robertson, A Duke, A 2015, Principles of Contract Law, 5th eds., Thomson Reuters, Sydney Richard S 2003, The Modern Law of Contract, 5th eds., Cavendish, London Taylor, R Taylor, D 2015, Contract Law, 5th eds., Oxford University Press, London

Sunday, December 1, 2019

The Yellow Wallpaper by Charlotte Perkins Gilman

The introduction Some basic points of the story The basic aim of the story written by Charlotte Perkins Gilman is to reflect the oppression of women in the 19th century. Generally, while discussing the major themes of the story, it is necessary to analyze some symbolical issues, the author provides us with. Moreover, it should be pointed out that The Yellow Wallpaper gives us an opportunity to consider one of the most important problems women faced in the 19th century in detail.Advertising We will write a custom essay sample on The Yellow Wallpaper by Charlotte Perkins Gilman specifically for you for only $16.05 $11/page Learn More The thesis statement When reading the story, it becomes evident that Gilman was deeply concerned about the role of women as well as psychological pressure they experienced. For this reason, one can make a conclusion that Gilman’s short story is to be analyzed on the basis of symbolical interpretations the author wanted her readers to become familiar with. The body The house in The Yellow Wallpaper and its symbolical interpretation In my opinion, nobody will deny the fact that the protagonist’s oppression in The Yellow Wallpaper is depicted symbolically. For instance, one can notice that Gilman uses such complex symbols as the parts of the house, in order to reflect the psychological state of the main character. Thus, on the one hand, the house the main character lives in can be associated with a desire to become free; however, on the other hand, it is evident that the protagonist cannot avoid a cruel reality. If one analyzes the short story deeper, he or she can probably conclude that the house reflects the process of transformation a woman experiences. In other words, the house can be regarded as the so-called symbol of self-expression. However, the protagonist’s phrase, which cannot be neglected, is â€Å"There is something strange about the house† (Gilman p. 1). Taking into account the woman’s worldview, it becomes evident that the principal character cannot feel safe, as she is afraid of changes. The adjective strange is related not to the house, but to the protagonist’s expectations and hopes. The author shows that a woman’s metamorphosis is unavoidable; however, being under constant oppressions too long, the main character cannot accept changes she experiences so fast. The window as the protagonist’s reflection The window the author depicts in her story is also of particular importance, as this symbol can be also regarded ambiguously. On the one hand, the window seems to express a woman’s potential; however, taking into consideration the fact that a woman is afraid of looking through it, one can probably conclude that the window is the protagonist’s reflection. The main character does not want to accept her true personality, as she understands what a miserable creature she can see. For her, an opportunity t o look through the window is accepted as a real torture, because there†¦she can see other women, who are the same, who must creep, in order to stay a part of the society. Hochman is of the opinion that â€Å"Gilman’s nameless protagonist enters an action-filled world that she creates by inference from a printed design. As a result, her depression and despair are temporarily dispelled† (par. 5).Advertising Looking for essay on american literature? Let's see if we can help you! Get your first paper with 15% OFF Learn More The yellow wallpaper as a symbol of generalization Finally, the yellow wallpaper should be regarded as a symbol of hope. Looking at the color, the protagonist feels safe. At the same time, the main character understands that the image in the wallpaper is considered to be a reflection of unhappy women who must creep, in order to be a part of society. The conclusion According to Gretehen Lynn Greene, â€Å"The Yellow Wallpaper is just one of many stories that Gilman wrote that dealt with women trying to attain their freedom from something or someone† (par. 5). For this reason, one can conclude that the author depicted the burning problem of the 19th century. Works Cited Gilman, Charlotte. The Yellow Wallpaper, Small Maynard, Boston: MA, 1899. Print. Greene, Gretehen. â€Å"The Yellow Wallpaper†, n. d. Web. Hochman, Barbara. The Reading Habit and The Yellow Wallpaper, 2002. Web. This essay on The Yellow Wallpaper by Charlotte Perkins Gilman was written and submitted by user Joel K. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.