Friday, December 27, 2019

General Guidelines For Help Undergraduate Students Write...

These are general guidelines to help undergraduate students write better essays. *Note that every assignment is different. You should take the time to closely read the instructions and meet with your Professor if necessary. BEFORE YOU START Make sure that you have closely read the instructions as presented by your Professor. As stated before, there are many different types of historical essays (argumentative essays, historiographical reviews and so on). It is imperative that your style is adapted to the type of essay you are required to write. Gather all your information. Some Professors want students to write essays using only class material, others expect them to do more research. If the latter, make sure to gather all (most) of your information beforehand. If you are a university student, you normally have access to a library and many academic journals. Use this access and make sure to ask librarians for help when needed. Take careful notes as you are reading in preparation for your essay. If your Professor provided a specific question, make sure to read critically for information that is susceptible to help you answer this question. If your Professor has not assigned a specific question, you should still read carefully and try to find the different ways in which historians address certain issues. Some students prefer not to plan others do. I suggest planning as it may be the best way to map out your ideas and begin forming an argument. It is impossible to cover allShow MoreRelatedThe General Education Program At University Of South Carolina Upstate1818 Words   |  8 PagesThe General Education program at University of South Carolina Upstate is a program of study that provides students majoring in a different array of programs with a common academic experience. A set of general education requirements is included in each baccalaureate program includes a core curriculum with university requirements and courses. The purpose of such requirements is to provide a broadly based intellectual foundation for students in the area of specialization development. For this reasonRead MoreUnit 8 Writing Assignment6944 Words   |  28 Pagesinstructor reads and responds to, and that counts towards the student’s final grade in some way. Because this is a writing course, students shoul d be engaged in writing in some form throughout the entire course. The following list describes the major forms of writing that instructors assign. 1. Essays (out-of-class papers). Instructors usually assign three to five essays. These essays are 3-5 pages on average and address overall themes of the course that the instructor is also working through in readingsRead MoreThe Classroom Discussion Model of Teaching (*Arends, 2001)6735 Words   |  27 Pagesgiving students the opportunity to participate in structured small and large group conversations. The teacher, however, must specify the purpose for the discussion, establish the rules for conversational engagement, facilitate, and monitor the progress of the conversation. The five steps of the Classroom Discussion Model of Teaching appear in the chart below. The Five Steps of the Classroom Discussion Model of Teaching Steps | Description | Teacher and/or Student Behavior | 1 | Get students readyRead MoreComparison and Contrast Essay7914 Words   |  32 PagesContrast Essay Prepared for the Communication Competencies Center University of Puerto Rico at Humacao Title V Project Anà ­bal Muà ±oz Claudio May 2005 Contents Introduction †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦i General Objective †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ii Specific Objectives †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ii How can you use this module? †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...1 Part I. General Knowledge of Essay Structures and Content†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦2 Part II. Writing a Comparison and Contrast Essay†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Read MoreStatement of Purpose23848 Words   |  96 PagesWriting Center Founded University Promoting1955 as a hallmark of liberal arts education writing Writing Guidelines Statements of Purpose From the OWU Writing Center in the Sagan Academic Resource Center The OWU Writing Center Corns 316 ââ€" ª (740-368-3925) ââ€" ª http://writing.owu.edu ââ€" ª open Monday-Friday, 9:00 a.m. to 5:00 p.m. Ohio Wesleyan University Writing Center  © 2011 Writing Guidelines for Statements of Purpose Contents Writing Your Statement of Purpose ..............................Read MoreHistory of Chinese Students Studying Abroad or in the U.S.2835 Words   |  11 Pagesof Chinese students studying abroad in U.S. The history of Chinese students studying in American universities dates back to the mid-1850s, when the first student, Yung Wing, graduated from Yale University in 1854 (Bartlett and Fischer Para. 8). After that. Qin Dynasty starts sending Chinese students to learned new sciences and technologies and we called â€Å"Westernization Movement†. The educational missions to the US were organized in the 1870s to train specialists who would create â€Å"better engines andRead More Two Main Categories of Collaboration Essay4259 Words   |  18 Pagesapplication and practice. As Kenneth Bruffee states in â€Å"Collaborative Learning and the ‘Conversation of Mankind,’† an essay many supporters and detractors of collaborative writing hearken back to time and time again, his essay â€Å"offers no recipes† because there are no recipes for effectively adding collaborative writing to an English classroom (394). There are merely guidelines for successful collabo ration and rationales supporting or denying the usefulness of incorporating collaborative writingRead MoreEssay on Case Studies on Academic Integrity15905 Words   |  64 Pagesthe purposes of this project resource; pseudonyms are used in every instance. The case studies are designed to be used as triggers for discussion in group seminars and primarily target teaching staff, although they could be used for discussion with students or other academic integrity stakeholders.   Support for this project/activity has been provided by the Australian Government Office for Learning and Teaching. The views in this project do not necessarily reflect the views of the Australian GovernmentRead MoreMastering Graduate Studies 1e32499 Words   |  130 PagesInformation Grand Canyon University. All rights reserved. No part of this book may be reproduced, in any form or by any means, without permission in writing from the publisher custom textbook usage The following icons have been created to assist students’ interactive experience in usage of this textbook. These will appear across the top or bottom of every page. Table of Contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Underlined text Glossary term definition/directiveRead MoreMethod of Teaching and Learning18614 Words   |  75 Pageslearning package for clinical teachers. Each of the papers provides a summary and background reading on a core topic in clinical education. Aims The aims of this paper are to: †¢ Provide ideas of how to make the most of clinical situations when teaching students or trainees †¢ Raise awareness of the advantages and disadvantages of a range of teaching and learning methods in clinical teaching †¢ Enable you to identify aspects of your everyday work which can be used as evidence for CPD Learning outcomes After

Thursday, December 19, 2019

A Rose For Emily And A Good Man Is Hard - 1756 Words

Lucas Gray English Literature 7/8/2015 Daniel Hitt Analysis Paper 1 â€Å"A Rose for Emily† and â€Å"A Good Man is Hard to Find† The writing style of southern gothic uses many different techniques such as macabre, ironic events that look at the values of the south. Two writers that are famous for the southern gothic style are William Faulkner and Flannery O’ Conner. Faulkner’s short story â€Å"A Rose for Emily,† depicts a well-rounded woman who is discovered to have a rotting corpse of her husband in her bedroom, and O’Conner’s short story â€Å"A Good Man is Hard to Find†, that shows a southern family’s death at the hand of a ruthless murderer are both extremely good examples of southern gothic story. While both of these great writers use southern gothic style they both still use it to demonstrate very different aspects of southern culture. By comparing and contrasting these two great southern gothic style writers you will be able to see just how different an author can write a story that still have the same style of writing just by using a few different te chniques. I will focus more on the how the works achieve their effect, their insight into a human problem, their presentation of emotion and consciousness, and their giving the reader pleasure. The single most important aspect that defines southern gothic writing is the use of macabre, or malformed, events. These distinguished events are easy identified in both of these short stories. Faulkner’s story, â€Å"A Rose for Emily,† was toldShow MoreRelatedA Good Man Is Hard to Find and A Rose for Emily Analysis Essay807 Words   |  4 PagesO’Conner’s story, A Good Man Is Hard to Find, the main focus is that the grandma is old fashioned and uses this to her advantage in telling stories and trying not to get killed. In William Faulkner’s story, A Rose for Emily, it focuses on Emily who is also old fashioned but can’t get with the present time and keeps holding onto the past. Both have morbid endings because of their lack of letting go on past events, and use their archaic habits in different ways. In A Rose for Emily, Emily shows multipleRead MoreCompare And Contrast A Rose For Emily And A Good Man Is Hard To Find1000 Words   |  4 Pa gesWilliam Faulkner’s â€Å"A Rose for Emily,† and Flannery O’Connor’s â€Å"A good man is hard to find,† both authors present main characters who are contrasting to the people in their society. In Faulkner’s work, Emily Grierson is an outsider because she hides herself from the people in town for more than thirty years. They have no clue that she has kept homers body in her home for so long until the day she dies. Also, in O’Connor’s work, the grandmother describes herself as a Pure, good woman but her actionsRead MoreElements of a Southern Atmosphere in OConnors A Good Man Is Hard to Find and Faulkners A Rose for Emily1878 Words   |  8 PagesAtmosphere in O’Connor’s â€Å"A Good Man is Hard to Find,† and Faulkner’s â€Å"A Rose for Emily† Though the short stories â€Å"A Rose for Emily† and â€Å"A Good Man is Hard to Find† differ in plot, theme, voice, and many other aspects, both contain similar characters and settings. The authors of these highly acclaimed Southern Gothic works, have skillfully and eloquently created intricate characters and imagery that portray many elements of Southern life. Flannery O’Connor’s, â€Å"A Good Man is Hard to Find,† tells of theRead MoreA Rose For Emily By William Faulkner1029 Words   |  5 Pages2014 Compare and Contrast: â€Å"A Rose for Emily† and â€Å"A Good Man is Hard to Find† In â€Å"A Rose for Emily† is a short story written by William Faulkner published in a national magazine in April 30, 1930. The main character of the short story is Miss Emily Grierson. Miss Emily is an old-school woman who is trapped in a society where she is forced to stay in her role. Miss Emily is a tradition woman who hangs on to her old ways and tries to break free of them. â€Å"A Good Man is Hard to find† is a short story writtenRead MoreCompare And Contrast A Rose For Emily And Southern Gothic1629 Words   |  7 Pagesplot, and scene in the story. And at the end, I am going to describe the three stories; â€Å"A Rose for Emilycomma inside quotes†, â€Å"A Good Man is Hard to Find†, and â€Å"Sanctuary†. Period inside quotes All of these short stories are good examples of southern gothic writing, because the authors used very ugly and ironic characters and events to show the readers the unpleasant tone of each story. â€Å"A Rose for Emily† is a short story by American author comma William Faulkner. It was first published on AprilRead MoreAnalysis Of The Poem Southern Gothic 1566 Words   |  7 Pagesvery influential Southern Gothic style literature, such as A Rose for Emily by William Faulkner, A Good Man is Hard to Find and Good Country People by Flannery O’Conner. The father of Southern Gothic literature is William Faulkner, he is the most significant Southern Gothic writer with his most popular publishing A Rose for Emily. He beautifully portrays the Southern Gothic style with a morbid fictional story about Emily Grierson. Emily lost her father and was living alone in a large house in a classyRead MoreWilliam Faulkner, A Native Of Mississippi, And Flannery O Connor1624 Words   |  7 Pagesstories, which employs the use of ghastly, ironic events to investigate the values of the American South, such as A Rose for Emily of Faulkner, and A Good Man Is Hard to Find of O’ Connor. In the story A Rose for Emily, one of the most famous stories of Faulkner, a well-to-do woman is discovered to have the rotting corpse of her lover in her bedroom. O’ Connor’s short story A Good Man Is Hard to Find depicts a southern family’s demise at the hands of ruthless murderer. While both O’ Connor and FaulknerRead MoreWilliam F aulkner s A Rose For Emily957 Words   |  4 PagesWhile a â€Å"Rose for Emily† by William Faulkner and â€Å"A Good Man is Hard to Find† by Flannery O’Connor share the common themes of unexpected death and the old south, the murders found in each story are vastly different. Both stories tell of strong female protagonists who don’t cope well with change and both foreshadow death right from the beginning, but the murderers themselves come from completely different worlds. Emily Grierson of â€Å"A Rose for Emily and the grandmother in â€Å"A Good Man is Hard to Find†Read MoreA Rose For Emily By William Faulkner976 Words   |  4 Pagesthat â€Å"A Rose for Emily† fits into the genre of Southern Gothic literature is obvious in the mood of the story. The mood of this story has a rather volatile, grim setting with the house that is deteriorating and the festering body. This exhibits the struggle that the character Miss Emily is facing against a society that is rather oppressive. From staying the same for years, to avoiding modern amenities, Miss Emily could be assumed to represent tradition. The story even states, â€Å"Miss Emily had beenRead MoreIn Both Faulkner’S â€Å"A Rose For Emily† And Shirley Jackson’S1110 Words   |  5 PagesIn both Faulkner’s â€Å"A Rose for Emily† and Shirley Jackson’s â€Å"The Lottery,† we see many examples in which tradition conflicts with modernity. Even in today’s society, there is a lot of change, which results in tradition conflicting with modernity. Traditions are normally something that is passed down from generation to generation, but modernity clashes with tradition because as societies continue to develop, they are more inclined to change. This is when tradition conflicts with modernity; when people

Wednesday, December 11, 2019

Law of International Trade Module

Question: Discuss the english law governing the international sale of goods would be greatly improved if the United Kingdom were to ratify the Convention on Contracts for the International Sale of Goods.? Answer: Introduction For over a period of forty year governments have been harmonizing the international law governing sale of goods. At present international law dealing with sale of goods has been significantly harmonized through the United Nations Convention on International Sale of Goods (also referred to as the CISG or the Vienna Convention ) which came into force in the year 1988 after being concluded on 1980 in Vienna has been accepted widely. The United Nations Commission on International Trade Law (also referred to as the UNCITRAL) is responsible for bringing into effect the CISG. Primarily the CISG is applicable to those contracts for sale of goods which have been signed by parties belonging to different States. The underlying principle behind the adoption of the CISG is to eradicate the barriers which prevent the States from entering into contracts with the other States. Till date the CISG has been ratified by almost sixty states. The states which have ratifies CISG include, majority of the st ates of the European Union, Canada, U.S.A, Australia and also numerous Third World Countries. In spite of this widespread acceptance the United Kingdom has been reluctant to ratify the CISG. The United Kingdom had not adopted the CISG. The CISG was drafted was drafted by the representatives of different states from around the world. All these states have different legal frameworks. Many compromises had to be made. As the consequence of the said compromises various inconsistencies followed. Howsoever, there are various useful provisions in the CISG which may be treated as a model for making amendments to the British Sale of Goods Act, 1979(also referred to as the SOGA). The CISG governs a majority of areas concerning sale of goods most particularly the performance of contracts. Arguments in favor of harmonization of international sales law As per scholars the prime reason for harmonization and unification of international sales law is its legal certainty. The CISG is said to increase legal certainty as the application of different state laws would lead to imparation and hence the adoption of CISG would improve this scenario. Some scholars have pointed out that international law governing trade and commerce requires precise rules and the CISG contains such rules. Many countries lack plausible domestic sales laws and contracting parties are not very keen to submit to the laws of the other party. For such countries the CISG is a very good option. Important Provisions of the CISG Reduction of Price Article 35 of the CISG mandates that the goods delivered must conform to description, quality and quantity as laid down in the contract. In case a seller does not abide by this requirement then Article 50 of the Convention gives right to the buyer to reduce cost. The extent to which cost may be reduced is to the same proportion as the value which the goods actually delivered had when delivered to the value which the goods if conforming to the standard set in the contract would have had during the said time. There are several provisions in the CISG which have the background of civil law. This is one of the many such provisions. The common law countries are not aware of the right to reduce cost and thus while the Convention was being drafted many common law nations ended up confusing this provision with the right which provides for deduction of damages from the price. This right may be found under Section 53(1) (a) of the SOGA and also under Section 2-717 of the Uniform Commercial Code . But the crux of Article 50 is that the buyer is provided with the opportunity to retain the good non conforming with the standard set in the contract and bring the said contract in line with the altered circumstances by proportionately reducing the purchase price. Importance in International Law The scope of this price reduction provision is limited in the context of international sale of goods. According to the provisions of Article 45(1) (b) of the CISG, the buyers can avail of the damages for each and every breach on a no-fault basis. This provision is very much in favor of the buyer as the amount which a buyer may recover under the provision of Article 45(1) (b) is generally much higher as compared to the amount up to which price may be reduced. Yet from this we may not come to the conclusion that the price reduction provision provided under the CISG is unessential. Under specific circumstances this provision is useful. At times this remedy is more reliable than right to damages. It serves as an alternative to damages. The specific cases include the following; Force majeure This provision is important in cases where the seller can show that his failure to abide by the obligation falls under the exception of force majeure as laid down under Article 79(1) of the Convention. For instance; if the subject matter of the contract is perishable goods and due to labor issues which is an impediment out of control of the seller, at the time of delivery the goods may not conform to the standard set in the contract. In such cases the vendor can avail of the protection provided under Article 79(1) of the CISG. This exception does not affect the rights of the buyer other than the right to damages and the buyer has the option of avoiding the contract by rejecting the goods if the failure of the seller it such that it amounts to a fundamental breach of the contract. But if the buyer decides to accept the goods, then he is not entitled to recover damages under Article 45(1) (b) cause as per the provisions of Article 79(1) of the CISG the seller does not have to bear liab ility. Thus under the aforesaid circumstances reduction of purchase price is the only remedy available to the buyer. Falling Market Again in cases when the market price of the goods which are conforming to the contractual standard decreases substantially during the period after the contract has been entered into and the time of delivery of the goods, the price reduction provision would be of great help to the buyer rather than the provision of damages. For instance, the contractual price of a consignment of shirts is 100,000, but the shirts which are ultimately delivered are non-conforming to the standard set in the contract so the amount is 40,000 as against 80,000 for the goods conforming to the standard. However by the date of delivery the market price falls to 60,000. Under this factual situation two remedies are available to the buyer who wishes to go ahead with the contract. Firstly, Article 45(1) (b) of the Convention avails to the buyer the remedy of breach of contract. The damages which the buyer may claim under this situation would be 60,000-40,000=20,000. Thus the buyer would ultimately have to pay 100 ,000-20,000=80,000. Again the buyer also has the option of reducing the price as per the provisions of Article 50 of the Convention. As per this provision reduced price/ contract price=value of the supplied goods/ value of the goods conforming to the set standards. The buyer would incur expenses of 50,000. Thu we may say in cases of price fall it is advisable for a buyer to adopt the remedy of price reduction. Position under the English Law The remedy of price reduction is not available to the buyers under the English Law. However the provisions of SOGA contains provisions which are almost similar to Article 50 of the CISG, these are Sections 30(1) and 53(1) (a). An evaluation of the above provisions with respect to the CISG Article 35(1) and 50 of the CISG entitles the buyer to reduce the price of the goods in case the quality of the goods does not conform to the standard set by the contract. On the other hand, Section 30(1) of the SOGA does not give any such right to the buyer. This provision provides that in case a buyer accepts goods which do not conform to the standard set in the contract then he will have to pay the contracted price. Thus the method of calculation of reduced price under the SOGA and CISG differ. As regards qualitative defective performance, the principle of reducing price is not encouraged by the SOGA. The buyer is only entitled to deduct the damages he is entitled to as a result of the defect from the price of the goods under the provisions of Section 53(1) (a) of the SOGA. In this respect there are various differences between Article 50 of the Convention and Section 53(1) (a) of the SOGA. Section 53(1) (a) does not provide for the remedy of price reduction to the buyer. It only permits the buyer to to set up his entitlement to warranty against the seller who sues for the price. Under no circumstance the buyer can make the contract to come in line with the changes circumstances. The only option available to the buyer is to bring an action. Thus the setting up of warranty entitlement against the vendors suit for the price would lead to same consequences as claiming of damages instead of price reduction as is possible under the CISG. Evaluation As far as compensation for the breach of contract is concerned the approach of the CISG is similar to that of the Common Law as damages may be readily availed of on a no-fault basis. However, the price reduction provision seems to be better option in cases of fall in market price and force majeure. We may infer that the reduction of price remedy is a very useful one as it enables the merchants to make a contract in conformity with the changed circumstances without the pain of resorting to court. In fact this is one of the reasons as to why majority of nations have ratified the Convention. Making a comparative study of Section 53(1) (a) of the SOGA and Article 50 of the Convention we may say that the CISG provides for a more economically viable solution. Granting of Additional Time This is another aspect of the CISG which deserves mention. If performance has been delayed, it is open to the buyer as well as the seller to mutually decide on an additional time period for the performance of the contract. If a notice which grants additional time has been served under the CISG then; Within the stipulated period the aggrieved party cannot resort to any damages for breach of contract entitling the other party to a further chance to perform If the other party fails to perform within the stipulated extra time, the party who has served the notice is at liberty to avoid the contract. Articles 47 and 63 contain provisions to this effect. An example may be provided to explain the principle. In case a vendor supplies defective and useless goods and the buyer immediately requires the goods he had contracted, he may resort to this provision for the supply of replacement goods. It is very must possible that the vendor would not be able to comply with the requirement of the buyer and during the period when he waits for the alternative goods the stipulated period for the avoidance of the contract expires. As a consequence the buyers right to terminate the contract expires. Under such circumstances it is advisable to fix up a period for the delivery of the substitute goods so that the contract may be set aside in case the vendor fails to abide by the requirement. Position under English Law The SOGA does not provide for anything which is even slightly alike the provisions of Article 47 and 63. Thus as far as delay in rendering performance and the risk associated with unjust avoidance of contract is concerned, it may evoke the interest of individuals as to how the English Law protects the interests of the parties concerned. Rules governing termination of contract under the English Law seems to be quite complicated. If delay occurs in the performance of contract then it is open to the innocent party to treat the contract as being discharged, if time happens to be the essence of the contract. Thus rapid performance is a pre condition for a contract under the English Law. In case the contract does not specify the date within which performance has to be completed then the parties are expected to render performance within reasonable time. But in case the parties specify a date and time for rendering performance, it has to be determined whether the said stipulation is a warranty or a condition. As far as this question is concerned, the SOGA provides for two rules of interpretation. Time for payment is presumably not essence of the contract The construction of the contract would determine if any other provision isthe essence of the contract In a nutshell we may state that under the English Law the risk of avoiding a contract wrongfully is almost non-existent. Evaluation The grant of additional time for performance of contract is a significant aspect of international sales law as if delay occurs the innocent party may resort to this provision so as to avoid wrongful termination of contract. The risk arises from the peculiarity of the provisions of the CISG. But the English Law provides for situations which are less complex. Thus we may conclude that Articles 47 and 63 of the COSG would not be of great help for giving effect to future amendments of the SOGA. Right to Cure If a contract has been performed defectively, in many cases the said defect may be easily redressed, for instance, by performing the part which was missing. Sellers right to cure is often found to be incorporated in contracts governing sale of goods. The provisions of Article 37 and 48 of the CISG provide the seller with the opportunity to remedy defects prior and post the specified delivery date. As regards Article 37 of the CISG it is said that the provisions would not be unfamiliar to the common or civil legal framework as almost all legal systems identify the principle of freedom to cure defects before the stipulated date of performance. Under English Law the seller has the right to cure a defective performance of goods by substituting it with a performance of contract as per the set standards within the stipulated time period. But Article 48 of the CISG is not a very common provision. Article 48(1) has subjected the right to sure to various limitations. These include; The seller ought to be able to cure the breach without causing unreasonable inconvenience to the buyer or ambiguity of recompense of expenses. The right of the seller to cure is also subject to the provisions of Article 49 of the CISG. Thus if there has occurred a fundamental breach of contract, the seller cannot cure the defect and thereby deprive the purchaser of his right to set aside the contract. Thus we may infer that though the interest of the seller is served by providing for right to cure, yet, this right cannot be availed so as to cause detriment to the buyer. Position under English Law The SOGA does not lay down any provision stipulating the sellers right to cure. The English Law only recognizes the provision of retender before the date of delivery. But as regards performance after due date is concerned, the position of English Law is not very clear. The dictum in the case of Bernstein v. Pamson Motors (Golden green) Ltd. it was stated that the English Law presumably allows the vendor to cure a defect even after the stipulated date of performance. But there is no certainty of this principle. Thus we may infer that still there exists great deal of uncertainty under the English Law as regards the right of the seller to cure defective performance. Evaluation As far as short delivery and delivery of goods not conforming to the standard set in the contract are concerned the English Law of Sale of Goods provides a proper solution as it only makes provision for a few remedies to the buyer when the stipulated date for rendering performance has lapsed. It is left up to the whim of the buyer as to whether he intends to set aside the contract and thereby reject the goods or he may as well retain the goods and claim for damages. Article 48 of the CISG lays down various safeguards. These include, the sellers right to be able to cure the breach without causing unreasonable inconvenience to the buyer or ambiguity of recompense of expenses. Again the provision of Article 49(1) of the CISG, if the failure leads to a fundamental breach of contract the buyer has the option of setting aside the contract. Moreover, if the performance is not in conformity, the buyer has the option of requiring the seller to remedy the missing part by agreeing on a further period for compliance. Under these circumstances, if the seller refuses to cure the defect or fails to do so within the further stipulated time period then Article 49(1) (b) of the CISG entitles the buyer to set aside the said contract. Thus we may conclude that even though the right to cure available to the seller might give rise to ambiguity yet the CISG serves to balance the interest of both parties concerned by providing opportunity to the buyer to either termina te the contract or make the seller to change his/ her name. The provision of Article 48 does not unduly favor the seller. The right to cure defect is more viable for commercial transactions rather than the English Law. For instance, in the practical scenario when the goods delivered are found to be defective a typical buyer would reject the consignment and at the same time require the vendor to cure the defect and thus rendering the contract open for performance. Thus we may infer that buyers generally tend to give sellers a second chance for rendering performance. The entitlement of the right to set aside the contract along with the right to cure the defect leads to a perfect balance of interest. The right to cure defect has been subjected to Article 49 of the CISG and thus when there occurs a breach of a provision which is fundamental to the said contract the buyer may set aside the contract. But if the failure of the vendor is not fundamental the contract is very much valid and the buyer may allow the vendor an additional time period so that he may cure the defect. Having regard to all the above stated factors, we may conclude that the CISG lays down a valid remedy in favor of the vendor, i.e., the right to cure the defect after the time for the performance of contract has expired. In fact as the corresponding provision of the SOGA is very uncertain it has been opined by many that it is regrettable that United Kingdom has failed to utilize the opportunity to modernize the sale of goods legislation by including provisions of the CISG. Conclusion We may conclude the aforesaid discussion by stating that an analysis of the above three provisions out of over a hundred provisions of the CISG did not serve to disapprove the ratification of the Convention and the amalgamation of the provisions in International Sales Law. The above study reveals that the Convention lays down prudent solutions for the issues concerning international sale of goods. We may although say that few provisions like Article 47 and 63 which provides for grant of additional time is not very useful as the situations under which they would prove to be useful do not take place usually. But we may not as well ignore the provisions regarding price reduction and right to cure which provide practical solutions to the problems faced by the commercial world. They are much more viable than the solutions provided by the SOGA. Owing to these and various other reasons we may well say that the British commercial world would benefit significantly if the British Government ra tifies the CISG. I would finally state that it is high time that the United Kingdom does way with the reluctance to ratify the Convention. Moreover, the provisions of the CISG which have been proved to be economically reasonable should be attempted to be introduced into the arena of sales law governing domestic transactions. References Adams J and Macqueen Hector.,The Sale Of Goods(Pearson Education UK 2005) Akrami F, Yusoff S and Isa S, 'Open Price Term Under The United Kingdom Sale Of Goods Act 1979 And The United Nations Convention On Contracts For International Sale Of Goods (CISG): A Comparative Analysis' (2014) 10 ASS Bridge M,The International Sale Of Goods 'Changes To The UK Law Relating To Contracts For The Sale And Supply Of Goods' (1995) 11 Computer Law Security Review 'Cisg Unidroit Principles: Crossing Cultures And Filling Gaps - 2004 Clive M. Schmitthoff International Commercial Law Seminar - 7Th CISG-AC Meeting, Organised By The Centre For Commercial Law Studies, International Commercial Law And Tax Unit, Queen Mary University Of London In Co-Operation With The CISG Advisory Council - London (United Kingdom), 30 January 2004.' (2003) 8 Uniform Law Review - Revue de droit uniforme Cisg.law.pace.edu, 'Article 50' (1990) accessed 15 July 2015 Cisg.law.pace.edu, 'Article 47' (1990) accessed 15 July 2015 Cisg.law.pace.edu, 'Article 63' (1990) accessed 15 July 2015 Cisg.law.pace.edu, 'Article 37' (1990) accessed 15 July 2015 Cisg.law.pace.edu, 'Article 48' (1990) accessed 15 July 2015 Cisgw3.law.pace.edu, 'Article 35' (1990) accessed 15 July 2015 Cisgw3.law.pace.edu, 'Article 45' (1990) accessed 15 July 2015 Cisgw3.law.pace.edu, 'Article 79' (1990) accessed 15 July 2015 Damiani G,Game Theory In Contemporary International Commercial Law(2010) Fawcet J, Harris J and Bridge M,International Sale Of Goods In The Conflict Of Laws(Oxford University Press 2005) Flambouras D,Amendments To The Sale Of Goods Act 1979 Following The Implementation Of Directive 1999/44/EC In The United Kingdom Ho H, 'Some Reflections On Property And Title In The Sale Of Goods Act' (1997) 56 The Cambridge Law Journal Honnold J, Volken P and Sarcevic P, 'International Sale Of Goods: Dubrovnik Lectures.' (1987) 81 The American Journal of International Law KroÃÅ'ˆll S, Mistelis L and Viscasillas P,UN Convention On Contracts For The International Sale Of Goods (CISG)(C H Beck 2011) Liu C, 'Cure By Non-Conforming Party: Perspectives From The CISG, UNIDROIT Principles, PECL And Case Law' [2005] ace Law School Institute of International Commercial Law Nicholas B,The United Kingdom And The Vienna Sales Convention(Centro di Studi e Ricerche di Diritto Comparato e Straniero 1993) Rahman A,Should The United Kingdom Ratify The CISG Convention And Set Aside Its Own Sale Of Goods Act?(Erasmus Universiteit 2014) 'Ratification Of The Additional Protocols By The United Kingdom Of Great Britain And Northern Ireland' (1998) 38 International Review of the Red Cross Schwenzer I, Fountoulakis C and Dimsey M,International Sales Law(Hart Publishing 2012) Schwenzer I, Fountoulakis C and Dimsey M,International Sales Law: A Guide To The CISG(Bloomsburry Publishing 2012) Shin C, 'DECLARATION OF PRICE REDUCTION UNDER THE CISG ARTICLE 50 PRICE REDUCTION REMEDY' (2006) 25 Journal of Law and Commerce Zeller B,Damages Under The Convention On Contracts For The International Sale Of Goods(Oxford University Press 2009) John N Adams and Macqueen Hector., The Sale Of Goods (Pearson Education UK 2005). Cisgw3.law.pace.edu, 'Article 35' (1990) accessed 15 July 2015. Cisg.law.pace.edu, 'Article 50' (1990) accessed 15 July 2015. Chang-Sop Shin, 'DECLARATION OF PRICE REDUCTION UNDER THE CISG ARTICLE 50 PRICE REDUCTION REMEDY' (2006) 25 Journal of Law and Commerce. Farzaneh Akrami, Sakina Shaik Ahmad Yusoff and Suzanna Mohamed Isa, 'Open Price Term Under The United Kingdom Sale Of Goods Act 1979 And The United Nations Convention On Contracts For International Sale Of Goods (CISG): A Comparative Analysis' (2014) 10 ASS. Cisgw3.law.pace.edu, 'Article 45' (1990) accessed 15 July 2015. M. G Bridge, The International Sale Of Goods. Cisgw3.law.pace.edu, 'Article 79' (1990) accessed 15 July 2015. Bruno Zeller, Damages Under The Convention On Contracts For The International Sale Of Goods (Oxford University Press 2009). Gerson Damiani, Game Theory In Contemporary International Commercial Law (2010). 'Changes To The UK Law Relating To Contracts For The Sale And Supply Of Goods' (1995) 11 Computer Law Security Review. James. W Fawcet, Jonathan. M Harris and Michael Bridge, International Sale Of Goods In The Conflict Of Laws (Oxford University Press 2005). 'Cisg Unidroit Principles: Crossing Cultures And Filling Gaps - 2004 Clive M. Schmitthoff International Commercial Law Seminar - 7Th CISG-AC Meeting, Organised By The Centre For Commercial Law Studies, International Commercial Law And Tax Unit, Queen Mary University Of London In Co-Operation With The CISG Advisory Council - London (United Kingdom), 30 January 2004.' (2003) 8 Uniform Law Review - Revue de droit uniforme. Ingeborg Schwenzer, Christiana Fountoulakis and Mariel Dimsey, International Sales Law: A Guide To The CISG (Bloomsburry Publishing 2012). Cisg.law.pace.edu, 'Article 47' (1990) accessed 15 July 2015. Cisg.law.pace.edu, 'Article 63' (1990) accessed 15 July 2015. Ingeborg H Schwenzer, Christiana Fountoulakis and Mariel Dimsey, International Sales Law (Hart Publishing 2012). 'Ratification Of The Additional Protocols By The United Kingdom Of Great Britain And Northern Ireland' (1998) 38 International Review of the Red Cross. Cisg.law.pace.edu, 'Article 48' (1990) accessed 15 July 2015. Changwei Liu, 'Cure By Non-Conforming Party: Perspectives From The CISG, UNIDROIT Principles, PECL And Case Law' [2005] ace Law School Institute of International Commercial Law. Cisg.law.pace.edu, 'Article 37' (1990) accessed 15 July 2015. Barry Nicholas, The United Kingdom And The Vienna Sales Convention (Centro di Studi e Ricerche di Diritto Comparato e Straniero 1993). John O. Honnold, Paul Volken and Petar Sarcevic, 'International Sale Of Goods: Dubrovnik Lectures.' (1987) 81 The American Journal of International Law. H.L. Ho, 'Some Reflections On Property And Title In The Sale Of Goods Act' (1997) 56 The Cambridge Law Journal. Ans Rahman, Should The United Kingdom Ratify The CISG Convention And Set Aside Its Own Sale Of Goods Act? (Erasmus Universiteit 2014). Stefan KroÃÅ'ˆll, Loukas Mistelis and Pilar Perales Viscasillas, UN Convention On Contracts For The International Sale Of Goods (CISG) (C H Beck 2011). Dionysios P Flambouras, Amendments To The Sale Of Goods Act 1979 Following The Implementation Of Directive 1999/44/EC In The United Kingdom.

Tuesday, December 3, 2019

Corazon Aquino Essay Example

Corazon Aquino Paper Dictatorship Is Iike a big proud ship-steaming away across the ocean with a great hulk and powerful engines driving it. Its going tast and strong and looks like nothing could stop It. What happens? Your fine ship strikes something-under the surface. Maybe its a mine or a reef, maybe Its a torpedo or an iceberg. And your wonderful ship sinks! Now take Democracy. Its like riding on a raft, a rickety raft that was put together in a hurry. We get tossed about on the waves, its bad going, and our feet are always wet. But the raft doesnt sink lts the raft that will get to the shore at last. This Is how democracy Is viewed by the businessman. Indeed, democracy Is a word that unites and pleases all the people. It also brings hope and peace to a nation. But what does democracy really means? According to the Merriam-Webster Dictionary, Democracy means a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of epresentation usually involving periodically held free elections. Another meaning of democracy is a political form of government in which governing power is derived from the people, either by direct referendum (direct democracy) or by means of elected representauves of the people (representative democracy). We will write a custom essay sample on Corazon Aquino specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Corazon Aquino specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Corazon Aquino specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The term comes trom the Greek: bnpoxpatla (demokratia) rule ot the people, which was coined from ipoq (d mos) people and Kproq (Kratos) power, in the middle of the 5th-4th century 3C to denote the political systems then existing in some Greek city- states. otably Athens following a popular uprising in 508 BC. Democracy played a vital role in the Philippines. The Americans introduced this kind of government to us when they got our country from the Spaniards 112 years ago. The Philippine Presidents taking oath after the rule of American regime implemented the same form of government until a dictator emerged In the personality of President Ferdinand E. Marcos. President Marcos declared Martial Law on September 23, 1972 by virtue of Proclamation No. 1081 . Marcos, ruling by decree, curtailed press freedom and other civil liberties, closed down Congress and media establishments, and ordered the rrest of opposition leaders and militant activists, including his staunchest critics. senators Benigno Aquino, Jr. ,Jovito Salonga and Jose Diokno. The declaration of exiled in the U. S for three years, the Filipino opposition activist Benigno Aquino was assassinated on the tarmac of Manila airport on 21 August 1983, moments after his return to the country to challenge the rule of long-term president, Ferdinand Marcos. That was also the day Maria Corazon Sumulong CoJuangco-Aquino stopped being, in her words, Just a housewife. Before we go further, lets know more about Ninoys Wife first. Corazon CoJuangco was born the sixth of eight children in Tarlac, a member of one of the richest Chinese-mestizo families in the Philippines. She was born to Jose CoJuangco of Tarlac and Demetria Sumulong of Antipolo, Rizal. Her ancestry was one-eighth Tagalog in maternal side, one-eighth Kapampangan and one-fourth Spanish in her paternal side, and half-Chinese in both maternal and paternal sides. She was sent to St.  Scholasticas College Manila and finished grade school as class valedictorian in 1943. In 1946, she studied high school for one year in Assumption Convent Manila. Later she was sent overseas to study in Ravenhill Academy in Philadelphia, the Notre Dame Convent School in New York, and the College of Mount Saint Vincent, also in New York. She worked as a volunteer in the 1948 United States presidential campaign of Republican Thomas Dewey against President Harry Truman. She studied liberal arts and graduated in 1953 with a Bachelor of Arts in French Language, with a minor in mathematics. She intended to become a math teacher and language interpreter. Aquino returned to the Philippines to study law at the Far Eastern University, owned by the family of the late Nicanor Reyes, Sr. , who had been the father-in-law of her older sister Josephine. She gave up her law studies when in 1954, she married Benigno Servillano Ninoy Aquino, Jr. the son of a former Speaker of the National Assembly. They had five children together: a son, Benigno Simeon Aquino Ill, who was elected as the 1 5th President of the Philippine Republic in May 2010, and four daughters, Maria Elena A.  Cruz, Aurora Corazon A. Abellada, Victoria Eliza A. Dee, and actress-television host Kristina Bernadette A. Yap. Aquino had initial difficulty adjusting to provincial life when she and her husband moved to Concepcion, Tarlac in 1955, after her husband had been lected the towns mayor at the age of 22. The American-educated Aquino found herself bored in Concepcion, and welcomed the opportunity for she and her husband to have dinner inside the American military facility at nearby Clark Field. Benigno Aquino soon emerged as a leading critic of the government of President Ferdinand Marcos of the Nacionalista Party, and there was wide speculation that he would run in the 1973 presidential elections, Marcos then being term limited. However, Marcos declared martial law on September 21, 1972, and later abolished the 1935 Constitution, allowing him to remain in office. Aquinos husband was among those arrested at the onset of martial law, later being sentenced to death. During his incarceration, Aquino drew strength from prayer, attending daily mass and saying three rosaries a day. As a measure of sacrifice, she enjoined her children from attending parties, and herself stopped from going to the beauty salon or buying new clothes, until a priest advised her and her children to instead live as normal lives as possible. In 1980, Aquinos husband was released from Jail in order to undergo heart Harvard University for the next three years. His family lived with him in the Boston rea and his wife described the time as the best years of her life. In 1983 supporters of the anti-Marcos factions persuaded Aquinos husband to return to the Philippines and to lead their cause. When his plane landed on the tarmac of the Manila International Airport on August 21, 1983, Aquinos husband was assassinated. Cory Aquino returned to the Philippines a few days later and led her husbands funeral rites, where more than two million people were estimated to have participated, the biggest ever in Philippine history. From the moment of Ninoy Aquinds assassination, Corazon Aquino became an acclaimed public figure. The shy woman learned to address huge rallies. There was so much rage in her. It did not seem difficult to speak her mind out before thousands of people and to become gadfly her husband had been. She prodded into action against the Marcos government, to demand an honest investigation into her husbands murder. Marcos claimed the assassin was Galman, whom he described as a Communist. Somehow, Galman had slipped through the security cordon with a weapon and shot Aquino before guards killed him. A Marcos-appointed commission came to the same conclusion. More likely, Galman was set up as the fall guy and then killed to ensure is silence. Subsequent investigations revealed that Galman was a petty criminal with links to the police. His family said that days before his death, Galman left his house in the company of several police and soldiers. Public pressure for Justice was strong. General Fabian Ver, Marcoss chief of staff, and twenty-five others were tried for the murder but were acquitted in December 1985. This incident pushed the limit to Mrs. Aquino. After the death of Ninoy, a group later known as the Convenors, held their first meeting in October 1984, at the home of Cory Aquinds mother in the ealthy Dasmarihas Village subdivision in the town of Makati in the metropolitan Manila. The convenors decided that three of their number would screen candidates and would choose one after consultation. The three were Ongpin, Cory Aquino and Lorenzo Tanada, venerable elder statesman of the opposition movement. During the convenors deliberations, Cory Aquino began to emerge as a political force in her own right, no longer simply the widow of Ninoy. At first, her role was to lend moral authority to the convenors, but Tanada and the others, despairing of the alternative, egan to see Aquino as the only candidate capable of uniting the opposition. They needed a candidate with a reputation for personal integrity who could appeal to conservative communists, left-leaning progressives, and the broad masses. They also needed a candidate acceptable to Washington, which exerted broad influence in the Philippines, and which had long supported Marcos of a dearth of alternatives. Aquinds seeming lack of personal ambition and deep-seated ideology made her perfect for the task. l am Just one of the thousands and millions of victims of the Marcos Regime, Cory would tell the crowds who came to hear her speak. am not the victim who has suffered the most, but perhaps the victim who is best known. I look around me and I see a nation that is sinking deeper and deeper into despair. I sense a growing feeling of helplessness and a creeping belief that no matter what abuse may be thrown at our faces, we are powerless to do anything about it. And since the Philippines needed an unequivocal change from the twenty-year rule of him for presidency. More than anyone, Cory Aquino knew the hard work, planning, meetings, and campaigning required. Like Ninoy, she was now away from home and the family for sixteen hours a day. She campaigned like a trouper, answering nasty remarks with simple retorts. To the comment that she had no experience, she replied, It is true that I have no experience in lying, cheating, stealing and killing. I offer you honesty and sincerity in leadership. To the others she promised, if elected, not to live in Malacanang. I will open it up to the people. She spoke before women, peasants, workers, and students as well as upper-class civic groups. To them all, she was a symbol of an uncorrupted woman, a woman they could trust. She made no great promises about immediately solving the staggering problems of the bankrupt country. It seemed enough, at the moment, to topple a brutal dictatorship, to restore civil rights and liberties, to open up democratic space, as she called it. Only with patience, and through peace and reconciliation, would the country be able to move forward. Her popularity reached a high point when one million people showed up at a post-election rally in Luneta Park in Manila on February 16. On February 25, Corazon Aquino was sworn in as the seventh president of the Philippines in a political upset that has been called historic. The New Year began with smiles and accolades. President Aquino, a woman, was honored by Time Magazine as its Man of he Year for 1986. On January 19, she won the Martin Luther King Award for nonviolence. We are finally free, and we can truly be proud of the unprecedented way we achieved our freedom, with courage, with determination, and most important, in peace. A new life starts for our country. But making that new life work was proving extremely difficult, as the woman in charge of what everyone called the Cory government rolled up her sleeves and got down to work. Her first act after taking office was to appoint a presidential cabinet of seventeen advisers. All of them had been opposed to President Marcos. Thirteen of them were lawyers, and five had attended Harvard University or Yale. Whatever their individual differences, the cabinet members got right down to work, too. Their first project was fguring how to run the government without having to abide by the structure set up by Ferdinand Marcos. Intent on upholding civil and human rights, she reestablished the writ of habeas corpus suspended by Marcos in 1971. Once again people were given protection against illegal imprisonment. She removed restraints on freedom of the press and on the rights of labor. Fulfilling a campaign promise, she announced the nconditional release from Jail of some five hundred political prisoners, including communists, an act that drew both applause and criticism. By mid-March, the president created the Committee on Human Rights, abolished the old National Assembly filled with Marcos followers, and adopted a provisional Freedom Constitution. The opening up of democratic space was not only to benefit the people but necessary for the president herself. She is deeply committed to the democratic process, for through freedom of expression she can hear a broad range of popular opinion.