Law Australian Contract Law

Question: Discuss what the term sufficient means in this context and whether the statement is accurate in regards to Australian contract law. Answer: Introduction: consideration is the price that is asked by the promisor in lieu of the promise therefore, consideration can be described as the price that is paid by the promisee in return of the promise made by the promisor. According to common law, for the purpose of creating a legally binding agreement, it is required that consideration should be provided by the promisee in return of the promise that has been made by the promisor. The result of this legal position is that generally the gratuitous promises are not enforced by the law although some exceptions are present. Therefore, the law of contract provides that gratuitous promises cannot be enforced by the court and it is necessary for a legally enforceable agreement that some consideration should have been provided by the promisee. In this way, consideration is the price that the promisor has stipulated for the promise made by him. At this point, it needs to be mentioned that in context of consideration, 'price' is used in its wider sense. As a result, it is not necessary for consideration to be monetary in nature and moreover it is not even necessary that the consideration should at least have any monetary value. The only thing that is required in such a case is that the consideration should have some detriment that will be suffered by the promisee. Therefore the detriment suffered by the promise that can be the losing of a freedom that the promisee otherwise enjoys. An example in this regard can be given of a promise according to which the promisee agrees to study on a Saturday night or where the promisee agrees to quit smoking. As a result, in case of consideration, it is not necessary that some tangible benefit should be received by the promisor. An example in this regard can be given of the famous case of Carlill v Carbolic Smoke Ball Company in which it was mentioned that consideration was present in the form of the detriment suffered by Mrs. Carlill as a result of using the snowball as per the directions given by the company although no direct benefit has been received by the company by such use. However, in this case it was also mentioned that infect a monetary benefit has been received by the company. The law of contract also requires in this regard that consideration should be provided by the promisee however in such cases it is not required that it should be provided to the promisor only. For example if the promisor asks that some money should be given by the promisee (B) to C a third-party, in such a case the money can be the consideration in the present case. But if it is required by A that the money should be given by C, this does not amount to a consideration. The reason is that in such a case, the promisee (B) has not suffered a detriment. On the other hand in case of joint promisees, the consideration provided by only one of the promisees is considered as good consideration. According to the law of contract, a consideration can be anything specified by the promisor. Therefore, the consideration for the promise made by the promisor has to be stipulated by the promisor himself and it is not possible for the promisee to offer something and then turn the same as the consideration. The only thing that is required in such a case that the consideration specified by the promisor should be legal. As long as his condition is satisfied, the consideration can take place in any form. The law does not require that the consideration provided by the promisee should be comparable in value to the promise made by the promisor. In this regard the case of Chappell v Nestl Co. Ltd. needs to be noted. In this case, the famous statement was made by Lord Somervell according to which a 'peppercorn' can be treated as consideration if the promisor has specified the same to be the consideration for the promise even if it is known that the promisor did not like peppers and also disca rded the corn. But at this point it also needs to be mentioned that in some other aspects, the issue related with the adequacy of consideration can be significant, especially in cases where the duress or unconscionable conduct has been alleged. The facts before the court in this case were that for promoting their chocolate, Nestl Company advertised that a musical record will be supplied to all the persons who will send some money to the company along with three wrappers of the chocolate of the company. As a result, the court has to decide if these empty wrappers of chocolate can be treated as a consideration. The court decided this issue with the help of the offer made by the company. It was mentioned in the offer that the wrappers will allow a person to get a hit musical record. However, to refute this contention, Nestl company claimed that the wrappers of chocolate did not have any value. While deciding the case, Lord Somervell made the famous statement according to which anything can be stipulated by a party to the contract as consideration. As a result, even a peppercorn can be considered as good consideration although the promisee did not like the pepper and also threw away the corn. As a result, the legal position tha t a consideration can be anything that the promisor has stipulated was further strengthened by this decision. At the same time it is also not necessary for consideration to be adequately and the only requirement is that consideration should not be illusionary. But in this regard it is required that consideration should be something to which a value can be attributed by law or in other words, the consideration should be present and in existence. In this way, an illusionary undertaking is not a good consideration for the creation of a contract. Similarly, there is another requirement according to which, consideration should come into existence along with the promise or it should arise soon after making the promise. Therefore if the stipulated consideration existed even before the promise, such a consideration is not a good consideration. In Roscorla v Thomas, the issue of past consideration was elaborately discussed by the court. The court stated that the promise in that case was not binding on the parties as the only consideration provided in return of the promise made for the soundness of horse was the original contract but that had already taken place before the promise has been made. The facts of this case are that P purchased the horse from D and afterwards D made a promise regarding the soundness of the horse. In reality the horse was not sound and P sued D for the breach of promise. As a result, it was stated by the court that consideration was not present for the promise made by D regarding the soundness of the horse. The contract between the parties regarding the sale of the horse that has been alleged to be the consideration for the promise made by D had already been entered into by the parties before the promise has been made. As a result, the court stated that the promise made by D was not included in the bargain and that bargain has not been made in exchange of the promise. But at the same time, an exception is also present to the general rule that provides that a past consideration is not a good consideration. Therefore, this exception provides that even a past consideration can also be treated as good consideration if the same has been provided after the request of the promisor or if there was an understanding between the parties that the act will be compensated, and at the same time if such promise occurred before the promise, in such a case, the promises and enforceable by the court. The law of contract also provides in this regard that when an existing duty has been performed by a party, it cannot be treated as a good consideration for the contract. Therefore the statement which provides that the consideration needs to be sufficient but it is not necessary that it should be adequate also means that in the eyes of law, consideration needs to be sufficient but in such cases it does not require that the consideration provided by the promisee should also be adequate. The only thing that is recording gives a consideration is the presence of a certain value that is capable of being expressed in economic terms but the law does not require that the consideration should also be adequate. The result of this situation is that according to the law of contract, the courts do not enforce a gratuitous promise. Similarly, the law does not treat natural love and affection as well as other sentimental motives are not treated as valid consideration. The result of this position is that the courts do not go into the question related with the adequacy of the consideration and do not make an effort to investigate if equal value has been received by th e parties. Therefore, even if A makes an offer to sell his house for one dollar only, it amounts to a valid consideration. But if A offers to sell the house for nothing at all, in such a case consideration is not present and therefore the agreement cannot be enforced by law. An example in this regard can be given of Thomas v Thomas in which there was a promise to pay the rent of 1 pound per annum however this issue is not considered as relevant for deciding the sufficiency of consideration. At the same time, the court did not go into the question of the adequacy of consideration. Another example in this regard can be given of Chappell v Nestl which further strengthened this rule that the court will not go into the question of the adequacy of consideration. Under the circumstances it is justified that the courts consider the issue related with the adequacy of consideration in the light of the freedom of contract. It has been provided in this regard that the parties are free to stipulate anything as the consideration for the contract between them. In this regard, the courts will not make any interference in the choice of the parties only on the grounds that it appears to the court that one of the parties has received a bad bargain. The decision of the court in Chappell was probably based on the reasoning that the requirement according to which the wrappers of chocolate need to be sent to the company would have certainly resulted in encouraging many people to buy the chocolates of Nestl. Conclusion: On the basis of the above-mentioned discussion, it emerges that the law is in favor of the statement according to which consideration needs to be sufficient but at the same time it is not required that the consideration should be adequate also. As a result of this position, at the time of considering the 'value' that can be attributed to the consideration, the courts do not consider the issue of the 'adequacy' of consideration for the purpose of saying if a fair price has been paid under the contract or not. In this regard, the courts are only considered with the fact that the consideration that has been paid in return of the promise should be capable of being expressed in terms of economic value. As a result of this position, intangibles like lack of boredom and emotions are not treated by the courts as valuable consideration. In such a case, it is only required that there should be some economic value of the consideration that has been paid by the party to the contract. References Paterson, Robertson Duke, Principles of Contract Law (Lawbook Co, 3rd ed, 2009) Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 Chappell Co Ltd v Nestle Co Ltd [1990] AC 87 Roscorla v Thomas (1842) 3 QB 234 Stilk v Myrick [1809] EWHC KB J58 Thomas v Thomas, 1842 2 QB 851 White v Bluett (1853) 23 LJ Ex 36

Knowledge and Emotion Essay Example

Knowledge and Emotion Essay There can be no knowledge without emotion Until we have felt the force of the knowledge it is not ours (adapted from Arnold Bennett). Discuss this vision of the relationship between knowledge and emotion. TTS-PUB 16 January 2009 word count: 1, 596 Knowledge and emotion have always had deeply rooted connections between each other in my perspective. When one attaches emotions to a knowledge claim, one believes in this claim more strongly, once the fundamentals of knowledge claims are understood. To understand the relation between knowledge and emotion is to further ones own understanding of the importance of both knowledge and emotion n our lives. In attempts to further explain myself, I feel It most suitable to start somewhere In the middle, and work simultaneously backwards and forwards until the ends of the loops connect In a more sensible fashion. To backtrack, It Is necessary to look at what exactly knowledge Is In order to understand Its relation to emotions. Knowledge, as a Platonic definition, is justified true belief, and quite simply summarizes the three qualities that a claim must have in order for it to be knowledge. First, a claim must be Justified, meaning either one of two things. The first way a claim can be Justified is y physically testing it, meaning that one must try it, and it must happen in the same manner more than once. The second way of Justifying a claim is by mere understanding, and recognizing that it makes sense in our world, based on similar proven claims. We will write a custom essay sample on Knowledge and Emotion specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Knowledge and Emotion specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Knowledge and Emotion specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Knowledge claims must also have truth, meaning that the event must occur over and over again with constant results, In order to instill faith that if it were to be repeated again, the same results would be obtained. The final component of a knowledge claim Is belief, which means that people must believe it to be true. These here things are what combine to make facts that we know, to become recognized and accepted as general knowledge within society. To backtrack further still, the definition of emotion is equally as crucial to discovering the relationship between these two words. Emotion is essentially a mental attitude which is a response to a feeling, meaning it is a physical reaction. Emotion is thus a key component in faith, and ties in closely with the concept of belief in knowledge. Now, to begin moving forwards, it is necessary to find the link between the two. Upon first reading, the Idea of knowledge and emotion being closely linked seems ere straight-forward. Both emotion and knowledge have no purpose in our world without communication, for If we could not communicate, our species would not be able to survive. Communication, or our social Intelligence, Is broken Into two fields, which Include Interpersonal and Interpersonal Intelligence. Interpersonal intelligence is our ability to understand others, what motivates others, and how they work In a sense, Ana now to work cooperatively Walt I Nils Knowledge Is naively dependent upon emotions, as non-verbal communication (the dominant form of communication), relies on reading other people, and understanding how their body engage and subtle cues account to what they truly mean. We then rely upon our interpersonal intelligence, which involves the ability to monitor ones own and others emotions, discriminate amongst them, and use this information to guide ones own thinking (Mayer and Salvoes 1993). From this explanation, it can be observed that between these two fields of social knowledge, emotion and emotional intelligence is the key to understanding. Personal experiences affect my perception, thus leading to my feelings and my emotional responses to them. Experience is the foundation of knowledge, as to have justified true belief, one must realize that there is nothing that seems more true to oneself than things we have experienced. Our emotions create such strong connections in our minds that tie us to events, and by doing so, our reality, and the things we perceive as knowledge are that much stronger and more meaningful when our emotions are involved. From these experiences do we gain the greatest knowledge of the world, as it has been said many times that the most important things we can ever learn in life are those which we cannot be taught. My perception of my own experiences leads me to find different emotions. The strength of my emotions often is the key to memory of such events surrounding these emotions, and as such, I remember moments in my life that are more strongly attached to emotions. For example, my day today passed entirely in a blur, with nothing particularly interesting to say for it, but I can vividly recall the events of last Friday, as I can recall my anxieties preceding my French oral examination, and the exhilaration and relief of having completed it afterwards, and that I went out to Struck after to celebrate. The events of my day are much easier to remember because of the strong emotional attachments to them, and facts of knowledge, being as simple as l had my French oral on Friday can be recalled from memory much faster than whatever it was I did with myself today, despite the difference in time separating these events. It is important to remember that everyone has certain experiences which are at the very least similar to one anothers. It is nearly impossible for two people to experience the same event or emotion in the exact same way, yet both parties undeniably experienced it. This fact unites us and allows us to communicate to one another to gain experience with intimate things such as social situations and legislations. When trying to explain these events someone else, the limits of my language are indeed the limits of my world. Or, to be more specific, the limits of my language are the limits of my world to others. If I cannot use language to explain my world to others, than it must not exist, if it cannot be proven to them. We all accept that everyone else has their own worlds, filled with sadness, Joy, angst, heartache, and the like, but it is something we do not question. We recognize our own worlds, and thus assume that others must live through the same experiences, without challenge, let alone proof. Our interpersonal intelligence is projected to become interpersonal, as this type of connection is necessary to relate to one another at least basically to sustain our species. Emotion is our stimulus to act, and we have built our moral systems Dates upon It I nuns, monotone Is Inane a major component AT our lives. Essentially, all knowledge that is not objective, such as our individual perceptions and thoughts based on the abstract of our immediate world, are based in some way on emotion. Love is an excellent example of how personal attachment in regards to knowledge is the knowledge which we believe most strongly to be true. Arguably, everyone in their lifetime has felt love at least in the Platonic form, and can acknowledge that love does exist. It is a feeling between people which links us and allows us to submerge into our interpersonal relations. It has nothing tangible to show for itself, and for nearly six billion people to say that love is real, despite physical evidence, strongly shows the level of belief that is necessary to knowledge claims. Moving away from relationships between people, the same can be said about love of material objects. I personally know several people who could boast for hours about every minor detail f whats under the hood of their car. Their emotional attachment to their vehicle is what allows them to care more, in a sense, as they feel more compelled to know more about something they value so highly. It is understandable to assume that knowledge and emotion are unrelated, as knowledge is based upon facts that you recognize and understand, whereas emotions are very ambiguous in how personal they are, and how we can never fully understand them. However, one cannot simply remove emotion from our lives, nor from the knowledge that our lives are built upon. Emotion plays such an integral role n what we classify as knowledge, we would lose vast amounts of knowledge itself. Emotions can lead to knowledge that nothing else can, as emotions are so very different from anything else in our world. Humans are unique when compared to animals, as we are the only species capable of feeling such a wide variety of emotions. To further explain the entwining relationship between emotion and knowledge, I feel it necessary to provide a quote from C. S. Lewis in attempts to further explain myself. In A Grief Observed, Lewis concludes that nothing will shake a man or at any rate a an like me out of his merely verbal thinking and his merely rational beliefs. He has to be knocked silly before he comes to his senses. Only torture will bring out the truth. Only under torture does he discover himself (C. S. Lewis 2001). This quote eloquently describes how one has to experience deep emotions in order to discover truth, both internal and external. Without these emotions, man will never understand truth, nor himself. To connect the last ends of this loop Im continually growing more affectionate of, I can conclude by again saying that emotion and knowledge must always remain hand- in-hand. Emotions are to us what seem most real in this life, as our senses are stimulated to give us perception.

An Essay of Philosophy in Life: Book Review

An Essay of Philosophy in Life: Book ReviewOne of the most influential book I've read is an essay of philosophy in life. The philosopher Peter Kreeft outlines some of the essential concepts of philosophy and then applies them to his own life. This is a great resource for anyone who wants to read what philosophers have to say about life.The book is essentially a 'walkthrough' of the full life story of a philosopher. In some ways it is the story of all philosophers. The essay is organized chronologically, so you can see what the philosopher was thinking at any given point in time. I think this is an excellent way to get started reading these essays.The essays are written by people who knew the philosopher in question. I've been able to hear these experts speak about the philosopher's life. It's a wonderful experience. The essay of philosophy in life gives a personal view of the philosopher as they saw themselves.You can feel the thoughts of the philosopher, but because they are not the ir words, you can't know whether they were right or wrong. You can read the essay of philosophy in life and make up your own mind about the philosopher. It is much like the personal style comments of other writers, but the focus is on the philosopher.Reading this essay of philosophy in life offers a truly personal glimpse into a philosopher's philosophical musings. The essays are quite candid, and you are able to read the story from the perspective of the philosopher's own emotions.My favorite part of this book is the philosophical musings. Kreeft speaks passionately about what he considers to be important philosophical ideas. For me, that's what makes this book so valuable.Philosophy has been my hobby for many years. I always wanted to be able to delve into the philosopher's psyche. Now I can do that in a convenient and easy to read format. This is a great gift for a philosophical seeker.If you are a reader, this book is a great addition to your library. If you are a philosopher, t his book is well worth the time and money it will take to read it. If you are a lover of philosophy, then you need to buy this book today.

The First Reconstruction A Revolution essays

The First Reconstruction A Revolution essays Many people will argue that the social and political changes in the period between 1860 and 1877 culminated in a revolution. This time period, known as the First Reconstruction, made many advances in equality for Blacks in voting, politics, and the use of public facilities. The lawmakers of the time were however unable to make adequate progress in advancing economic equality; therefore Blacks didnt completely escape their original plight. This should not be considered a revolution because its results were quickly reversed when former confederate leaders and other bigots reclaimed the power of legislation in the South. The First Reconstruction was a result of the Civil War and lasted until 1977. The political, social, and economic conditions after the war helped define the goals of lawmakers during the Reconstruction. Congress now had to decide on how they were going to address such topics as; Black equality, rebuilding of the South, admission of southern state to the Union, and deciding who would control the government. In the south the newly freed slaves wandered the countryside and the white population was devastated due to their loss in the recent war. The south was also devastated economically; plantations were destroyed, railroads torn up, their labor force gone, and cities were burned. In the post Civil War era there was a struggle for the power, each with their own ideas on how the country should go about in the reconstruction process. First, the Southern Democrats, a party made up of former Confederate leaders and other members of the aristocracy, strived to end the perceived control of the North over the South. They also sought the reinstitution of slavery under a different name, Black Codes. These codes would provide a cheap labor force to the plantations by limiting the rights of Blacks to move, vote, travel, and change jobs. Second, Moderate Republicans wanted to obtain a policy of reconciliation bet...

Text analysis and report based on a systemic functional linguistic and Essay

Text analysis and report based on a systemic functional linguistic and - Essay Example Clearly, the courageously defiant tone and message of Invictus was born of the extreme hardships that dogged the heels of Henley throughout his life. Despite the loss of his leg, Henley attained some moderate success as the editor of the London Observer, and counted among his close friends the likes of Robert Louis Stevenson and Rudyard Kipling. He married and was blessed with a daughter named Margaret; unfortunately, fate caught up with him and he lost five-year-old Margaret to cerebral meningitis. Then in 1902, his dormant tuberculosis condition resurfaced, from which he died in 1903 at the age of 54. Understanding the travails of the poem’s author makes its legacy all the more remarkable for being the inspiration for Nelson Mandela, during his 26-year incarceration as political prisoner who championed the cause of human rights. The poem sustained the imprisoned man who, upon the lifting of apartheid in South Africa, became the nation’s President. For the purposes of this paper, the text of the poem was chosen because of the several contexts in which the poem found relevance in the lives of many people. Images connected with it are presented herein, with the text of the poem, in Appendix A. The text shall be analysed using the systemic-functional theory, and the multimodal approach. Textual analysis may only be meaningfully carried out within the context of the purpose for which the text is articulated. â€Å"Language is said to be functional because its organisation quire fundamentally reveals the purposes for which any natural language came into being† (Christie, 1999). In the analysis of the chosen text, the poet’s purpose in composing the poem and choosing his words will be given focus. Traditionally, language is described in terms of grammar and lexis viewed separately. On the other hand, lexico-grammar approach regards language as â€Å"meaning conveyance of words working in

Editing of Video and Sound in the Movie Review Example | Topics and Well Written Essays - 250 words

Editing of Video and Sound in the - Movie Review Example Videoââ€"  There are a total of about 30 shots for the 310-second clip, which yields an average shot length (ASL) of 10 seconds.ââ€"  There were notable long takes (lasting more than 15 seconds), which include :1-:37 (soldier 1 walks in the hallway), :49-1:16 (soldier 2 in the sitting in the toilet), 2:51-3:14 (soldier 3 enters the toilet), 3:20:3:39 (soldier 3 talks to soldier 2) and short takes, such as 3:57-3:58 (gunshot), 3:59-4:00 (close-up shot of soldier 2), 4:55 (soldier 1 shouts), and slow-motion at 3:56-3:58 (soldier falls). The unusually long takes set the contemplative and suspenseful tone of the film. The short takes, meanwhile, emphasize the climactic moments of the sequence and highlight the tension felt by the characters.Soundââ€"  There was a non-diegetic (off-screen) musical accompaniment which consisted of two musical instruments that played in slow tempo. The dark and high-pitched background music combined with the predominantly quiet diegetic (on-screen) en vironment seemed to warn of an impending tragedy/doom.ââ€"  Several sound effects including the loading of the magazine (1:09-1:15, 1:47-1:48), the clanking of the rifle (2:15-2:17, 2:23-2:24), the loading of the rifle (2:28-2:31), and gunshots (3:57, 3:56) were included. A deep, moaning sound was heard from 3:57-4:00. Aside from the dialogue and background music, these sound effects were the only type of sound heard in the sequence, which tend to highlight violence and monstrosity.

Walking Through the Baroque Music Era Essay Example | Topics and Well Written Essays - 2250 words

Walking Through the Baroque Music Era - Essay Example Since the era was of absolute monarchy, the life of the nation would center around the exploits of the current leader. And such influence would be seen in all the structures in the country. Of course, spectacular musical and theatrical performances would be staged for the benefit of the monarchs and their foreign visitors. In other words, artists during that time served as instruments for the monarchs to stay or rise in rank. Moreover, JM Howard highlighted three major points vital in the formation of the Baroque as a historical musical era. First is reformation and counter-reformation, second is the existence of the wealthy families of Europe, and third is the desire of the Europe courts to maintain an image. The Reformation and the Counter-Reformation: Since the 17th century became more like a competition between recruiting parties of the Catholic and Protestant parties, many artists and musicians were able to perform on several concerts that were put up to convince people what the best church is. The Wealthy Families of Europe: Since during the 17th century, monarchs and aristocrats ruled, there was a need to somehow show the peasants that the ruling class had soft side, which would be shown through their taste in music. According to Thornburgh, music from the Baroque period is a mixture of many styles: there is Italian, French, English, and German Baroque music; early, middle, and late Baroque music; and even secular and sacred Baroque music. And of course, one must not forget. to mention the different personal styles of the many composers and musicians. Having said that, it would definitely be hard to clearly define what Baroque music is like because of its numerous elements. However, Thornburgh said there is a way to describe Baroque music in a more particular manner, and that is through its musical instruments, stylistic elements, and musical esthetic. Baroque Musical Instruments Voice. Being the oldest musical instrument, the voice would probably thought of being the most natural tool for music making. However, a true Baroque singer is very well-trained and is in many ways different from today's opera singers. Thornburgh said the difference is that Baroque singers accentuate the "difference in tone color between lower and higher registers" as compared to having "uniformity of tone color for which today's voice strives across the vocal range." Moreover,