The Declaration Of Independence And The United States Of...

40 Acers and a Mule Was Never Enough The United States of America is known as a place of God-given rights and equality for a diverse group of people. Since the founding of America, it was built off of the blood, sweat, and tears of immigrates. Yet, since the primeval years of this nation’s commencement, African American women rights have been adjusted or eliminated because of the pigmentation of their skin and has limited their right to exercise inalienable Rights taken for granted by even men of their own race and has set restrictions in society based on the color of their skin. The Declaration of Independence was written to express the reason for revolt against England and that they had no representation in England to voice their rights and opinions. Our founding fathers wrote, â€Å"We hold these truths to be self-evident, that all men are created equal, that they endowed by their Creator with certain unalienable Rights, that among Life, Liberty and the pursuit of Happiness† (5). This statement clearl y does not indicate â€Å"white men† in detail but the problem is, it does not prescribe exactly who â€Å"all men† where. In Philadelphia, Pennsylvania on July 4, 1776 during the Continental Congress, not one African American was present nor represented. TheShow MoreRelatedThe Declaration Of Independence And The United States Of America Essay1431 Words   |  6 PagesThe Declaration of Independence allowed the colonies of the United States of America their own governmental structure. After the war with Britain, the United States sought out a structure giving the citizens of America their own rights. These rights include: freedom of speech, life, liberty, and the pursuit of happiness, freedom of religion, the ability to make their own decisions, own form of government and taxation and more. The declaration was made by the merchant class of America, the foundingRead MoreThe Declaration Of Independence Of The United States Of America Essay1481 Words   |  6 Pageswhic h has served as the foundation of Justice in the United States of America. However, throughout history we’ve also witnessed and learned about events, presidential terms, and cultural and demographic evidence that show how the Pillars of Citizenship have not successfully worked toward the achievement of significant milestones that pertain to nationalization, globalization and equality up to this very day. The Declaration of Independence states that every citizen is granted the right to life, libertyRead MoreThe Declaration Of Independence And The United States Of America Essay1411 Words   |  6 Pagesour oldest documents, which have served as the foundation of the United States of America. Throughout history we’ve witnessed events, presidential terms, and cultural and demographical evidence that show how the Pillars of Citizenship have not successfully worked toward executing the achievement of important milestones amongst nationalization, globalization and equality up to this very day. The Declaration of Independence states that every citizen is granted the right to life, liberty and pursuitRead MoreThe Declaration of Independence of the United States of America3256 Words   |  14 PagesIN CONGRESS, July 4, 1776. The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Natures God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separationRead MoreThe Declaration Of Independence And The Second President Of The United States Of America1656 Words   |  7 PagesThomas Jefferson, writer of the Declaration of Independence and the third president of the United States of America, was born on April 13, 1743. The future president was born to the parents of Peter Jefferson, a well-known and successful planter, and Jane Randolph, a prominent member of a very well-known and distinguished Virginian family. Jefferson was the third of ten children who were raised on the Shadwell slave plantation in Virginia. Starting from the early a ge of nine, Thomas Jefferson beganRead MoreThe Declaration Of Independence : What Shaped And Provided The Freedom The United States Of America1030 Words   |  5 PagesAbstract The declaration of Independence is what shaped and provided the freedom the United States of America has today. The Declaration of Independence today is looked at a symbol for America to reflect on as it paved the way for most of the rights we have today. This document has been fundamental to american history longer than any other text because it was the first text to use â€Å"The United States of America† and in a sense the Declaration was the birth certificate of the American nationRead MoreGovernmental Foundation in the Declaration of Independence Essay867 Words   |  4 PagesJuly 4, 1776, the United States of Americas Declaration of Independence was adopted by the Second Continental Congress, in Philadelphia, Pennsylvania. This document, primarily written by Thomas Jefferson, announced that the thirteen colonies were declaring their independence and, in doing so, were independent states apart from the British Empire. The Declaration of Independence is comprised mainly of colonial grievances and assertions of human rights. The Declaration of Independence formed a profoundRead MoreThe Declaration of Independence: Americas Foundation Essay example1229 Words   |  5 Pagesissue the Declaration of Independence being a legal document has been up for debate in courts for many years now. Although, the Declaration of Independence clarifies the United States identity as a free nation, it has generated intense controversy. Some feel strongly that it did not clearly define the new powers that the thirteen colonies would acquire and did not define the identity of the United States; while, others firmly believe that without the Declaration of Independence the United States wouldRead MoreThe Declaration, Facts And Emotions909 Words   |  4 PagesThe Declaration, Facts and Emotions for Independence The 4th of July, the United States of America’s very-own birthday, a day of celebration of its citizens God-given rights and liberties, and its independence from the crown of Great Britain. If America was â€Å"born† on the 4th of July in the year 1776, then The Declaration of Independence could be considered its very own birth certificate. The Declaration of Independence, as time has proven, is one of the most successful arguments ever made byRead MoreThe Declaration of Independence1200 Words   |  5 Pages The Declaration of Independence is one of the most remarkable documents of the United States of America. The elaborate document contains almost fourteen-hundred words including a basic structure divided into two parts and within the two divided parts contains four main ideas within seven components. The declaration is not just any standard written document; it is a work of art painted by colonists who are driven by rage because of King George III of Great Britain injustices’ toward the colonies

A Brief Note On Violent Crime, Taught By Professor Thad...

The arsonis The Profile of an Arsonist Janine Peter, Branon Ryals Florida Institute of Technology Author Note This paper was prepared for CR4820 – Violent Crime, taught by Professor Thad Clancy. Abstract In this paper we will discuss the profile of an arsonist. Discussed will be the various reasons as to why an arson is committed. The various demographics of the individuals that choose to commit arson are explored. The motivation for the arson plays a big role in when, where, and why an arson is committed by an individual. By looking at all of the concepts that are associated with the arsonist and arson, the reader will have a better understanding of how complexity of the arsonist profile. The Profile of an Arsonist The crime of arson was one that many governments choose to ignore for many years. The â€Å"governments, public authorities and insurers adopted an ostrich-like attitude to the gathering crime of arson† (Woodward, 1988). It eventually became so bad in the United States that the public took it upon themselves to develop local task forces as a way to combat the problem, which in turn cause the United States Government to react to the growing arson problem. Identifying when an arson has happened is only part of the issue facing law enforcement offices today. Understanding the reasoning behind why an arson has occurred, and who fits the profile for a particular arson is the challenge that investigators face. By identifying if a fire was accidental or

The Enforceability of Contractual Promises

Question: Discuss about the Enforceability of Contractual Promises. Answer: Introduction The law of contract guides people in the management of promises. There is a need to acknowledge that not all promises that people make enforceable in law. For a court to enforce a promise or agreement, it must look for the existence of some elements. If all the elements are present, then the court will rule that the agreement or the promise was a contract. This paper is an examination of five cases where there were promises. It will therefore analyze them using the law of contract to decide whether they were enforceable contracts. Armstrong V Gibson Gibson and Armstrong entered into an agreement concerning a delivery. Armstrong was to deliver the toys to Gibsons customers. While undertaking the contract, Armstrong insisted on raising the transportation charges because he had underestimated the size of the load. Gibson reluctantly accepted the increase for he didnt want to fail his customers, yet he never had time to get another transporter. Armstrong completed the delivery, but Gibson refused to pay the extra raised charges. A valid contract must carry its contents which are also called the terms or clauses of a contract. Any enforceable agreement will usually consist some terms however simple it could be. So while analyzing this case, this paper shall first look at the existence of the terms. Within a contract, the main terms are usually the price to be paid by one party, and the service or the goods to be provided by the other party. In this case, Gibson was to pay Amstrong for a delivery service. So there was a contract, and the parties were on the same track up to that point. When it came to executing the contract, one party decided to change the terms on the grounds of a mistake. The law of contract recognizes that mistakes can happen while making a contract. Where only one party makes the mistakes, the mistake is called a unilateral mistake (Miller Jentz 2011, p. 279) In consideration of the above explanation, the errors between Armstrong and Gibson fall under unilateral mistakes. In most cases, such cases a prone to modification. Where both parties agree in good faith about the acceptance of amendment, both parties are bound to such modification, and Gibson was supposed to pay Armstrong the extra money. A mirror case that can illustrate this well is Williams v Roffey Bros (1990) 2 WLR 1153. The court held that Roffey was liable to pay the extra payment since William helped him to avoid the penalty from Shepherds Bush Housing Association. So like William, Armstrong should sue Gibson to recover his extra payments. Jenny V Boutique Cashier Jenny saw a dress on display in a boutique that caught her attention. She decides to buy the dress, and so she walked to the cashier to pay. When she got to the cashier, she realized that she had no enough money. So she asked the cashier to reserve the dress while she rushes to the ATM for more cash. She quickly left before the cashier responded to her request. When she came back with the money, she found that the cashier had already sold the dress. The question in law here is whether there was a valid contract between the cashier and the Jenny. While answering this question, this paper shall illustrate to when an invitation to treat becomes a valid contract. The dress on display in a boutique was an invitation to treat which attracted Jenny to make an offer. In other words, an invitation to treat is an expression telling other people that they are welcome to come and negotiate with you. So this is to say, Jenny accepted an advertisement of a dress on display and made an offer to the cashier. Therefore, it was up to the cashier to accept or dismiss it. For a formation of a contract, the offeree must accept the offer. Plus, the offeree must clearly communicate the acceptance to the offeror. So Jennys offer didnt wait for Cashier to accept the offer. The general rule disregards silence as an acceptance. The best illustration of this reasoning was illustrated in Felthouse v Bindley (1862) EWHC CP J35. The Court of Common Pleas held that there was no contract because Felthouse could not conclude that Bindley accepted the offer by not hearing from him. So Jenny should accept that there was no contract and look for another dress. Arthur V Joseph This case illustrates whether there was a complete contract and whether the failure to see the acceptance constituted a breach. The background of the case started at 9.00am on Monday 13 August when Joseph, a car dealer, sent a telex to Arthur offering to sell him a rare vintage car for $50,000. Arthur received the telex at 9.15am and telexes the acceptance back at 2.00pm. However, Joseph didnt check whether he had received the acceptance from Arthur. So at 2.30pm, he received an offer for Charles, and he accepted. At 4.00pm Arthur then learned that Joseph sold the car to James. He also learned that the same car would cost him an additional $2,000. So he sent Joseph another text demanding the car at 5:00 pm. The message only made Joseph realize that Arthur had accepted the offer before Charles bid. As illustrated above, an offer becomes a contract when the offeree accepts it. Also, a valid acceptance must be shown by the offeree, and the acceptance should be clear. In the case of Arthur and Joseph, the acceptance was communicated through a telex. Acceptance works in two ways. When both parties are at a close distance or they are there at the same place, and same time when the offeror is offering the offer, they conclude the contract when the offeree communicates the acceptance at the same location and same time. Considerably, distant contracts that rely on post or messengers become abiding when the offeree put the acceptance in the process of transmission. However, the offeree becomes bound to the contract after the offeror receives the reply. That is because it might take days or get intercepted by a third party. But when dealing with phone or telex where there was a direct communication, the completion of the contract happens when the offeror receives the reply message. This case was explained in details in BhagwandasGoverdhandasKedia v. M/s.GirdharilalParshottamdas (1966) AIR 543 and in Brinkibon Ltd v Stahag Stahl GmbH(1983) 2 AC 34. In this case, Arthur was bound by the contract when Joseph received the acceptance reply at 2:00 pm when the message arrived at Josephs office. Also, Joseph became bound to the contract when he received the message whether he read it or not. So Arthur can sue Joseph for to recover the damages that he would undergo if he buys the car at an extra price. Jones V Peter In this case, the cause of dispute involves Jone entering into a contract to decorate and furnish Peters apartment. Peter agreed to pay him $1,000, on completion. Jones commenced work, but Peter cancelled the contract while Jones was halfway performing as required by the contract. More than that, Peter refused to pay Jones for the amount of work he had performed. In law, when the owner cancels the contract during performance without justifiable cause, the contractor may suffer damages due to the breach. To some extent, the contractor can suffer severe losses particularly when the breach prevents him from continuing with the work. In such a scenario, the Jones has a full entitlement for a remedy that will put him to the place where he would have ended had Peter performed his obligation. In particular, this typically means that Jones can sue for the recovery of lost profits and to some extent the cost incurred while performing his duties. Additionally, this rule also extends to those contracts where there was a wrongful termination of a contract between general contractor and subcontractor. The best case that illustrates this cause was decided by the Supreme Court of Alabama in section 8-29-6 Tolar Const., LLC v. Kean Elec. Co., (2006) 944 So. 2d 138. In the case similar to Jones where the contractor starts working, but the owner commits a material breach, the contractor should treat the breach as termination of a contract. So in a situation where the breach was a major one (Peter disposing of the central element of the contract), Jones can suspend his duties and sue Peter to recover the damages. The damages that Jones can pursue are like out - of pocket expenses and the recovery of the contract price. He can also recover any other expense he may have incurred M R Contractors Builders, Inc. v. Michael, (1958) 138 A.2d 350 Sally V Judith Sally needed an aeroplane for flying people between London and Rome. She found an advertisement for the sale of a light aircraft in a trade paper. Two weeks before completing the contract Judith the seller advised Sally that the aircraft has a fuel capacity of flying between the two cities without a need to refuel. Sally purchased it for $500,000. During a test flight to Rome, the aircraft ran out of fuel before she reaches the destination. Further investigation revealed that the aircraft could only work for short trips. As a result, Sally had to abandon here business suffering some loss in setting up her business rather than her expected profit. She also found that the aircraft was worth $100,000 less In such a scenario, the question in law is whether the term, the fuel capacity of the aircraft will enable her to fly between the two cities without the need to refuel was a mere puff or was a representation. In law, a puff is a statement which one party makes to induce the other in entering into an agreement and has no legal implication. In general, representations are a statement that one party says to induce the other to a contract, but a reasonable person will take them seriously. In this case, this paper will use two factors that the court uses to determine whether the statement was a puff or a representation. One of the rules is relative expertise. Where one party is more knowledgeable than the other, the statement would be a term Dick Bentley v Harold Smith Motors(1965) 1 WLR 623. The second one is the importance to rely on the statement. A statement will mainly be a term if the representee specifies to the representorthe value of thestatement Bannerman v White(1861) 10 CBNS 844. In testing the rules, Judith has more knowledge of the aircraft than Sally (Relative expertise). Also, it was so important for Sally to have an aircraft that can fly longer without a need to refuel, so Sally could dwell on this statement. Considering the situation, the statement statement made by Judith was a term in the contract that she breached. With that, Sally can sue for the damages and loss of profit. Conclusion When parties say that they have a contract, it simply means that they have voluntarily accepted liabilities from each other. The contract formation starts with an offer, and then the offer is accepted unconditionally. The acceptance must be communicated, and from there, both parties are bound to the obligations. Failure to perform an obligation will constitute to a bleach and hence the other party has the right to sue for damages. References Bannerman v White(1861) 10 CBNS 844 BhagwandasGoverdhandasKedia v. M/s.GirdharilalParshottamdas (1966) AIR 543 Brinkibon Ltd v Stahag Stahl GmbH(1983) 2 AC 34 Dick Bentley v Harold Smith Motors(1965) 1 WLR 623 Felthouse v Bindley (1862) EWHC CP J35 M R Contractors Builders, Inc. v. Michael, (1958) 138 A.2d 350 Tolar Const., LLC v. Kean Elec. Co., (2006) 944 So. 2d 138 Williams v Roffey Bros [1990] 2 WLR 1153. Miller, R and Jentz, G. (2011) Business law today, 1st ed. Mason, Ohio: South-Western, p. 279.

Southern Comfort Essays - Shopping Bags, , Term Papers

Southern Comfort The old ball-and-chain is a phrase that many Americans are familiar with. Oftentimes we imagine it spilling forth from the lips of some distressed, fatigued, overworked man who is with his nagging wife. It is this image that the advertisers for Southern Comfort are trying to reproduce. They want the person looking at the ad to sympathize with the man in the image, the man dragging his imaginary ball-and-chain. We associate the ball and chain with oppression, hard labor, and unfairness. These connotations are probably derived from the images that we have seen in old prison movies where the convicts are forced to work the fields, shackled by a ball and chain. Let us back up for a moment though and look at just how this Southern Comfort ad takes us from the image of a man to the labor intensive fields of old prison movies. There are many denotations in this ad. There is a man, three women, bags, sides of buildings, a chair, writing on a window, a sidewalk-like walkway, a bottle of Southern Comfort, some white lines, and two lines of copy. The first line of copy reads, Your free time may have changed. Your drink doesn't have to. The second line reads, Hang on to your spirit. There is also a division in the ad, the top two-thirds of the ad being the photo image and the bottom one third being a black background. How is it that the advertisers take our mind from the image on the page to the thoughts that progress in our head? To figure this out let us more closely examine the images, or signs, that have been presented to us. Let us first examine the image of the man in the ad. He is dressed casually preppie, wearing khakis and a blue, collared shirt. Tucked under his left arm is a box and his hands are full of shopping bags. On his right foot is the image of a ball-and-chain created from dashed white lines. On the man's right (the direction in which he is looking) is a woman wearing a short black dress with black heeled-shoes. The woman is holding onto the right arm of the man, clutching a purse with her right hand. Her head is turned toward him and she appears to be smiling. Much of our reaction to this ad comes solely from looking at these two individuals. More specifically, from the image of the man. The brightness of the man's shirt and the bags he is carrying stands in contrast to the black of the woman's dress and thus attracts our eye toward him. The fact that he is carrying so many bags, whereas the other individuals in the ad have at most one bag, also makes him the center of our attention. By using metonymy, we substitute the bags that the man is carrying to mean that there has been a day of shopping, a shopping spree perhaps. The paradigmatic relation between the man and woman, aided by our own codes of what the duties of both the male and female are in a relationship, leads us to assume that the bags do not belong to the man but rather, he is carrying them for the woman next to him. It would be one thing if the man were walking along carrying the bags by himself but once we see the woman next to him, holding onto his arm, our mind begins to draw its own conclusions. Another paradigmatic relation begins to form after we have made the assumption that the man is carrying th e bags for the woman. The image of the ball and-chain along with the woman's grasp of the man's arm, leads us to believe that the man's presence here may not be a completely voluntary action. Rather, one may begin to associate this with the myth of commitment, of a man becoming whipped. That is to say, the man is suckered in or captured by the woman and is then forced to do things that he otherwise would not do (in this case, spend the day shopping). The copy of the article supports the myth of commitment, or the lifestyle change that a man