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Monday, April 27, 2020
The Foundation Of Islam Essays - , Term Papers
The Foundation Of Islam It is sometimes suggested that abolishing capital punishment is unfair to the taxpayer, on the assumption that life imprisonment is more expensive than execution. If one takes into account all the relevant costs, however, just the reverse is true. The death penalty is not now, nor has it ever been, a more economical alternative to life imprisonment.56 A murder trial normally takes much longer when the death penalty is at issue than when it is not. Litigation costs including the time of judges, prosecutors, public defenders, and court reporters, and the high costs of briefs are mostly borne by the taxpayer. A 1982 study showed that were the death penalty to be reintroduced in New York, the cost of the capital trial alone would be more than double the cost of a life term in prison.57 In Maryland, a comparison of capital trial costs with and without the death penalty for the years 1979-1984 concluded that a death penalty case costs approximately 42 percent more than a case resulting in a non-death sentence.58 In 1988 and 1989 the Kansas legislature voted against reinstating the death penalty after it was informed that reintroduction would involve a first-year cost of more than $11 million.59 Florida, with one of the nation's most populous death rows, has estimated that the true cost of each execution is approximately $3.2 million, or approximately six times the cost of a life-imprisonment sentence.60 A 1993 study of the costs of North Carolina's capital punishment system revealed that litigating a murder case from start to finish adds an extra $163,000 to what it would cost the state to keep the convicted offender in prison for 20 years. The extra cost goes up to $216,000 per case when all first-degree murder trials and their appeals are considered, many of which do not end with a death sentence and an execution.61 From one end of the country to the other public officials decry the additional cost of capital cases even when they support the death penalty system. Wherever the death penalty is in place, it siphons off resources which could be going to the front line in the war against crime. Politicians could address this crisis, but, for the most part they either endorse executions or remain silent.62 The only way to make the death penalty more cost effective than imprisonment is to weaken due process and curtail appellate review, which are the defendant's (and society's) only protection against the most aberrant miscarriages of justice. Any savings in dollars would, of course, be at the cost of justice: In nearly half of the death-penalty cases given review under federal habeas corpus provisions, the murder conviction or death sentence was overturned.63 In 1996, in response to public clamor for accelerating executions, Congress imposed severe restrictions on access to federal habeas corpus64 and also ended all funding of the regional death penalty resource centers charged with providing counsel on appeal in the federal courts.65 These restrictions virtually guarantee that the number and variety of wrongful murder convictions and death sentences will increase. The savings in time and money will prove to be illusory. CAPITAL PUNISHMENT IS IRREVERSIBLE Unlike all other criminal punishments, the death penalty is irrevocable. Speaking to the French Chamber of Deputies in 1830, years after having witnessed the excesses of the French Revolution, the Marquis de Lafayette said, I shall ask for the abolition of the punishment of death until I have the infallibility of human judgment demonstrated to me.37 Although some proponents of capital punishment would argue that its merits are worth the occasional execution of innocent people, most would hasten to insist that there is little likelihood of the innocent being executed. However, a large body of evidence from the 1980s and 1990s shows that innocent people are often convicted of crimes including capital crimes and that some have been executed. Since 1900, in this country, there have been on the average more than four cases each year in which an entirely innocent person was convicted of murder. Scores of these individuals were sentenced to death. In many cases, a reprieve or commutation arrived just hours, or even minutes, before the scheduled execution. These
Thursday, March 19, 2020
Outline Spy Essays
Outline Spy Essays Outline Spy Essay Outline Spy Essay SPIES Paul Janeczko is the author of The Dark Games, which is about sharing the truth about the loyal and the treacherous as well as about the technological advances that are changing the rules of gathering intelligence. The main purpose of him writing this book is to share the duties and characteristics of a real spy like Virginia Hall, Benedict Arnold and Aldrich Ames. This book collects stories of spies and agents that have worked both for and against America , from the formation of the United States in the Colonial Era to the more modern day spy Stories.Virginia Hall was one of the most successful woman spies who followed the footsteps of her elder sister who served before her. she is a really adaptable person who always moved from one place to another due to what she wanted to accomplish in her life. She had to be adaptable because she was going places and wouldnââ¬â¢t stay at a place due to the projects she was assigned to do because she was to be mov ing from country to country, state to state for different training and operation. If she wasnââ¬â¢t adaptable,she wouldnââ¬â¢t be able to communicate to thing and people around her.While on a hunting trip in turkey, she accidentally shot herself in the foot which had to be amputated from below the knee so therefore she was given a wooden leg. Although it kept her from working for the state department as she wanted she was able to adjust quickly to it and was determined to make a contribution. While others may have worried that Hallââ¬â¢s limp would make her too recognizable to be effective in the field, she learned to compensate by wearing long coats and walking with long strides.For her diligent and productive work in france, she was awarded the Distinguished service cross, the U. S militaryââ¬â¢s second most revered honored woman. Benedict Arnold was an early American hero of the Revolutionary War who later became one of the most infamous traitors in U. S. history afte r he switched sides and fought for the British. He had tremendous physical bravery and was a brilliant and cunning military commander. He also had a deep sense of personal responsibility, having personally raised his siblings.Arnold was also tremendously ambitious, and expected his extraordinarily successful military career to be acknowledged and rewarded. Arnold was extremely contentious and head strong, which caused him no end of conflict within the Continental Army and with Congress. He was profoundly concerned with his reputation and the way others treated him, sometimes rightly and sometimes wrongly believing that he was being conspired against and libeled. He was also exceptionally proud, perceiving slights from all directions and holding grudges for years.At the outbreak of the war, Arnold participated in the capture of the British garrison of Fort Ticonderoga in 1775. In 1776, he hindered a British invasion of New York at the Battle of Lake Champlain. The following year, he played a crucial role in bringing about the surrender of British General John Burgoynes army at Saratoga. Yet Arnold never received the recognition he thought he deserved. In 1779, he entered into secret negotiations with the British, agreeing to turn over the U. S. post at West Point in return for money and a command in the British army.The plot was discovered, but Arnold escaped to British lines. His name has since become synonymous with the word ââ¬Å"traitorâ⬠Aldrich Hazen Ames (born May 26, 1941) is a former Central Intelligence Agency counter-intelligence officer and analyst, who, in 1994, was convicted of spying for the Soviet Union and Russia. In his CIA work, Aldrich Ames demonstrated the inconsistent performance typical of many thrill-seekers. He displayed what the CIA Inspector Generals report on this case called selective enthusiasm.According to this report: With the passage of time, Ames increasingly demonstrated zeal only for those few tasks that captured his im agination while ignoring elements of his job that were of little personal interest to him. In his espionage activity, Aldrich Ames ignored risks by conspicuous spending of his illegal income, carrying large packages of money across international borders, and leaving evidence of his espionage on his home computer and hidden elsewhere in his home. To conclude, Being a spy is just like a dramatic novel which interweaves many key and themes along with reoccurring motifs and extended metaphors.
Tuesday, March 3, 2020
8 Types of Parenthetical Phrases
8 Types of Parenthetical Phrases 8 Types of Parenthetical Phrases 8 Types of Parenthetical Phrases By Mark Nichol A parenthetical phrase, sometimes called simply a parenthetical, is one that is not essential to the framing sentence. In the preceding sentence, the phrase ââ¬Å"sometimes called simply a parentheticalâ⬠is itself a parenthetical because the segments of the sentence that precede and follow it can be attached to form a complete sentence without it: ââ¬Å"A parenthetical phrase is one that is not essential to the framing sentence.â⬠However, a parenthetical can also begin or end a sentence, and though only these three syntactical variations exist, a parenthetical can be categorized as serving one of eight functions. Here is a roster of the types, with a sentence that demonstrates each one: 1. Absolute phrase: An absolute phrase, which contains at least a noun or a pronoun and a participle but not a true verb, modifies the entire sentence: ââ¬Å"Jane stayed up late, writing her report.â⬠(The phrase may also begin the sentence.) 2. Appositive: In this case, the parenthetical is an appositive, a noun or noun phrase placed in opposition to another such construction that defines or modifies the first: ââ¬Å"If you, an experienced hiker, had trouble, how hard will it be for me?â⬠3. Aside: An aside is a statement that is subordinated to the sentence, often denoting an ingratiating or apologetic attitude. It might also be placed within parentheses to more clearly identify it as a trivial comment or between em dashes to signal its sudden and/or unexpected impact: ââ¬Å"Her friend, I hesitate to say, has betrayed her.â⬠4. Free modifier: A free modifier is an unspecialized interruption of additional information: ââ¬Å"I stood up and, brushing off my pants, continued along my way.â⬠5. Interjection: An interjection imparts information about the writerââ¬â¢s (or speakerââ¬â¢s) state of mind, as in this sentence in which the interjection implies impatience or indignation: ââ¬Å"Well, what do you have to say for yourself? 6. Introductory phrase: This element preceding the main statement provides context for the sentence: ââ¬Å"While I was on vacation, I had an epiphany.â⬠7. Resumptive modifier: A resumptive modifier includes within its additional detail repetition of an adjective from the sentence: ââ¬Å"She was exhausted, more exhausted than she had ever been before.â⬠8. Summative modifier: A summative modifier is one that summarizes an idea expressed in the sentence and then adds information about it: ââ¬Å"We headed toward the summit, a goal we had anticipated accomplishing all week.â⬠Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Grammar category, check our popular posts, or choose a related post below:75 Synonyms for ââ¬Å"Angryâ⬠225 Foreign Phrases to Inspire You90 Verbs Starting with ââ¬Å"Ex-ââ¬
Saturday, February 15, 2020
A Comparison of Pericles' Speech and that of Martin Luther King Junior Essay
A Comparison of Pericles' Speech and that of Martin Luther King Junior - Essay Example It is evident from the study that the speech made by Pericles at a funeral in 431 BC is one of the greatest speeches that have ever been made in human history. During this time, long speeches were specifically meant to encourage warriors who were going to the battlefield. The speeches could also be used to encourage families left behind when their sons, husbands or fathers went to war. Among the Greeks, there were burial ceremonies where speech would be made to appreciate the deceased for his or her contributions society. Periclesââ¬â¢s speech was one of them. The two speeches compare closely in terms of the level of emotion they raise. Pericles started his speech in a casual manner by informing the gathering about the importance of speech, as well as how it came into existence. However, he went ahead to explain that the ceremony was established by their ancestors. Like the speech made by Martin Luther King, Pericles acknowledged the role played by ancestors in deliberation of Gre ece. ââ¬Å"I shall begin with our ancestors â⬠¦they dwelt in the country without breakâ⬠¦Ã¢â¬ . This section evoked the past deeds of the previous generations that Pericles believed should be emulated by the current generation. This is very similar to what Martin Luther used in his speech. He said, ââ¬Å"When the architects of this countryâ⬠¦ they were signing a promissory note to which every American was to fall heirâ⬠¦Ã¢â¬ . This approach of delivering speech has proven to very effective as far as unity is concerned. Pericles was telling the gathering that their ancestors never gave up the fight to protect the country and therefore the current generation was to follow their footsteps. Similarly, Martin Luther reminded all Americans, both blacks and whites, of the fact that when ancestors were fighting for freedom, they did so as a single unit while perceiving each other as brothers. The same should apply in the current American society. Both speeches share a great deal in sentence structure. Pericles said: ââ¬Å"And yet if with habits not of labor but of ease, and courage not of art but of nature, we are still willing to encounter dangerâ⬠¦ Yet, of course, the doer of the favor is the firmer friend of the twoâ⬠¦Ã¢â¬ (Rusten 45) This sentence structure compares closely with that used in the speech ââ¬Å"I Have a Dream.â⬠Martin Luther said, ââ¬Å"â⬠¦ knowing that somehow this situation can and will changeâ⬠¦Ã¢â¬ (Echols 14). From the two speeches, it is evident that the current American society and other democracies across the world borrowed much from the Athenian ideals. They realized the importance of using the power of speech to make people take
Sunday, February 2, 2020
Politics in turkey Research Paper Example | Topics and Well Written Essays - 500 words
Politics in turkey - Research Paper Example Turkey is a parliamentary democracy with 551 seats from 81 provinces. The secular democratic process of the nation was evolved from the war of independence, led by Mustafa Kemal. After the disintegration of Ottoman Empire, the modern nation of Turkey was born in 1924 (kwintessential). Mustafa was popularly known as Ataturk or ââ¬Ëthe father of the nationââ¬â¢. He has been the most popular and influential leader of Turkey who had brought the country on the world map and had laid the foundation of secular democracy of the modern Turkey. He was also the founder member of Republic Peopleââ¬â¢s Party, the first political party of independent Turkey. Democratic process is renowned for its freedom of expression and the power of the people. Turkey too has undergone tremendous upheavals and seen frequent leadership changes since its inception in 1924 but the basic democratic foundation has remained intact against the so called rigid Islamic religiosity. Democratic Party, Republic Peopleââ¬â¢s Party and Justice Party were three major parties that have been in the forefront of Turkish politics. The two military coups of 1960 and 1980 have had short span with elections that had reinstated democratic rule. The ââ¬Ëharsh restrictions imposed on political rights by military interventionsââ¬â¢ are still visible (countryside) but the subsequent democratic governments have diluted their effects. The election of 1983 saw the emergence of new political party by the name of Motherland party under the dynamic leadership of Turgut Ozal who was an economist in the World Bank. Turgut Ozal brought in economic reforms through radically liberal economic policies. Under his reign, turkey was transformed from the small relatively conservative state to modern republic with investment coming from across the globe and making it one of the most attractive venues for investment.
Saturday, January 25, 2020
Features of a CIF contract
Features of a CIF contract The central feature of a CIF contract is that it is a shipment contract. This fact explains virtually every contractual and legal feature of the contract. Even if the CIF contract was the only standard form of shipping contract, which it is not, it would be very difficult to agree with the above statement; the contractual and legal features of this contract are explained by its title rather than its industry application. The acronym C.I.F. stands for cost, insurance, freight and represents those features which are included in the cost-price of the goods to be purchased[1]. ââ¬ËCostââ¬â¢ simply pertains to the actual cost of the goods being purchased, ââ¬Ëinsuranceââ¬â¢ quite literally means that the goods will be protected by an insurance policy during their transit and ââ¬Ëfreightââ¬â¢ refers to the cost of shipping the goods by carrier to the final delivery point. The best way to explain and understand the contractual and legal features of the C.I.F. contract is by way of an example. Consider the following: A. Ltd. [based in Ireland] offers to sell to B. Ltd. [based in England] 10,000 Kilograms of King Edward potatoes [A-grade quality] for à £2000 C.I.F. Liverpool. B Ltd. accepts the offer in writing. A legally binding contract has thus been formed. Let us now examine every stage of the execution of this contract, with particular focus of the respective contractual duties of A. Ltd., the seller, and B. Ltd. the buyer. Clearly, the first duty of A. Ltd is to appropriate 10,000 Kilos of A-grade quality King Edward potatoes. It may be that A. Ltd. already has this quantity of potatoes stocked in one of its warehouses in Ireland. Alternatively, A. Ltd. may know of a carrier which is on its way to Liverpool carrying this quantity of potatoes on board, in which case, A. Ltd. might choose to purchase them from their current owner while they are afloat. Alternatively, A. Ltd. may have already dispatched a shipment of potatoes to Liverpool, in which case, it may simply choose to assign the appropriate quantity of potatoes to meet B. Ltd.ââ¬â¢s order. In light of the fact that the contract stipulates both the quantity, namely 10,000 kilos, and the quality, namely A-grade quality King Edward variety potatoes, the seller is under a duty to ensure not only that the goods dispatched/purchased/assigned meet this description, but also that they will continue to meet this description on delivery; in the case of Mash Murrell Ltd. v. Joseph I. Emanuel Ltd. [1961][2] it was held that there is an implied term in all C.I.F. shipping contracts that, at the ââ¬Ëtime of shipmentââ¬â¢, the goods are of a sufficient quality to survive normal transit. A. Ltd., having appropriated the 10,000 kilos of potatoes, must then arrange for these potatoes to be shipped to Liverpool, the destination stipulated in the contract, and it is A. Ltd.ââ¬â¢s duty to pay for the cost of this shipment, i.e. the freight. In return for this shipment fee, the carrier must provide to A. Ltd. a valid[3] Bill of Lading. A Bill of Lading is a document which contains the terms of the contract of carriage, as well as a statement that the goods have actually been shipped[4]. Essentially this document serves at the title of ownership, i.e. whoever possesses this document is entitled to take possession of the goods. In the case of Hansson v. Hamel Horley [1922] A.C. 36, the House of Lords held that once the seller has transferred the Bill of Lading to the buyer, conferred on they buyer are two distinct rights; ââ¬Å"(a) a right to receive the goods[5], and (b) a right against the shipowner, who carries the goods, should the goods be damaged or not delivered. â⬠¦ Regarding the former right, it therefore follows that this document be freely transferable [Soproma SpA v Marine Animal By-Products Corp. [1966] 1 Lloyds Rep. 367]. Regarding the latter right, it therefore follows that the Bill of Lading, when pr ocured by the seller, in our example A. Ltd., must be an accurate reflection of the state of affairs at the time of shipment. This principle was confirmed by the Court of Appeal in the case of The Galatia [1980] 1 W.L.R. 495. In this case it was held that the Bill of Lading must include a factually accurate statement as to the quality and quantity of goods which have been shipped. Where any quality or quantity is listed as ââ¬Ëunknownââ¬â¢ on the Bill of Lading, the Court has tended to infer a presumption that the presumed state of the goods is ââ¬Å"not wildly at oddsâ⬠with the quantity or quality in fact loaded[6]; be ââ¬Å"not wildly at oddsâ⬠with the quantity in fact loaded. Returning to our example: A. Ltd. has thus far appropriated the cargo of potatoes, has made/procured a contract of carriage, at his own cost, and has received a valid Bill of Lading from the carrier, as receipt of shipment. A. Ltd. must now, as part of his final contractual duties, secure an insurance policy, again at his own cost, to protect the potatoes from all ââ¬Ëusual risks[7]ââ¬â¢ which might occur during their transit from the point of shipment to delivery at the port of Liverpool[8]. It is also important that the type of insurance policy secured is fully transferable, i.e. assignable by endorsement under S. 50(3) of the Marine Insurance Act 1906[9]; after all, after the goods have been delivered to B. Ltd., this company may wish to transfer the goods to a third party, who may then need to rely on the insurance cover, should it later transpire that the potatoes were damaged during their voyage at sea. These documents having been obtained, A. Ltd.ââ¬â¢s final contractual duty is to ensure that these documents are sent and delivered to B. Ltd. I good time, so that they will have them in their possession at the moment the carrier delivers the potatoes to Liverpool[10]. Having discussed the contractual duties of the seller under a C.I.F. contract, let us now turn to examine the contractual duties of the buyer, B. Ltd: The first thing to note is that the buyer does not buy the goods themselves, but rather buys the documents pertaining to the goods, namely the Bills of Lading and the Insurance policy. Thus the buyer, B. Ltd., is under a duty to accept these documents from A Ltd. and pay for them. This duty is not absolute; the buyer has a right to reject these documents if they indicate that the cargo has been shipped late (i.e. later than the shipping date stipulated by the contract). This was confirmed by the High Court in the case of Kwei Tek Chao v. British Traders Shippers Ltd. [1954] 2 QB 459. Likewise, the buyer has a right to reject improperly tendered documents: In the case of Alkali Export Corp. v. Fl. Bourgeois [1921] 3 K.B. 443, the High Court held that the buyer was within his right to reject the documents for they did not contain a valid insurance policy, but rather an insurance certificate. Interestingly, under this conception of the C.I.F. contract, the buyer has a duty to pay against the documents even if he has not yet had a chance to inspect the goods[11]. This principle was confirmed in the case of Biddell Bros v E Clemens Horst Co. [1911] 1 K.B. 214, and was reiterated in the case of Manbre Saccharine v. Corn Products [1919] 1 K.B. 198, in which it was held that the buyer must pay against the documents even where the goods are damaged upon arrival. Prima facie, this might seem somewhat unfair; after all, why should a buyer pay for goods which have arrived in a damaged condition. However, if one considers the mechanisms operating under the C.I.F. contract, in particular the sellerââ¬â¢s duty to secure appropriate insurance documents, one can see that the interests of the buyer are still protected regardless of his duty to pay for the documents prior to inspection; if the goods are faulty, and the Bill of Lading states that the goods were shipped in good conditio n, then the insurance company will reimburse the purchaser for any[12] damage to the goods which was caused in transit. If the Bill of Lading indicated damage prior to shipment, then the Buyer can take out action against the seller to reclaim his monies. This does not mean that the buyer must necessarily accept the goods once hey have arrived however. Unless the terms of the contract stipulate that the buyer cannot reject the goods[13], they buyer is entitled to refuse to take possession of the goods if, at the moment of delivery[14], an inspection reveals that the goods are not of the quantity and/or quality which was contracted for, e.g. if only 5,000 Kilos of B-grade Desiree potatoes were in fact delivered by the chartered carrier to B. Ltd. The statutory remedy which is available in relation to this right is provided by s53(3) of the Sale of Goods Act 1979 (as amended), pertaining to an implied warranty over the quality of goods purchased. S53(3) of this Act states: ââ¬Å"(3) I n the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had fulfilled the warranty.â⬠One final point regarding the duty of the buyer under a C.I.F. contract: it is the responsibility of the buyer to secure all the necessary import licences which are legally required for the product(s) in question. If any stage of the delivery is stalled as a result of the buyerââ¬â¢s failure to secure the necessary Custom permissions, then any resultant damage to the goods, e.g. from their having to stay on board the carrier for an extended period of time and thus perishing, will be deemed, at law, his fault. In conclusion, whilst we have not been able to examine every single contractual and legal feature of the C.I.F. shipping contract, the above provides a near comprehensive description of the workings of such a contract in the real world. The C.I.F. contract is a standard termed tool which has been designed and evolved to ensure that the interests of each party to a shipping contract are protected, and also that the practical difficulties which would otherwise be faced by importers and exporters are somewhat mitigated. In response to the statement offered at the top of this paper: I hope I have argued convincingly that this statement is absolutely incorrect. The fact that a C.I.F. contract is a shipping contract is merely a description of its specific industry application; this description does not explain any of the complex and multifarious contractual and legal features of such a commercial arrangement. Perhaps what the statement meant to express what the fact that most of the legal and contractual features of a shipping contract are explained by the fact that it is a C.I.F. contract; in that case, the statement would certainly be more correct, although event then, the complexities regarding the duties of rejection and the procurement of valid documents cannot be gleaned from this description alone. I would argue, in final conclusion, that one should not attempt to explain the workings of the C.I.F. contract in one sentence alone. Such an endeavour will only serve to omit certain vital informatio n and lead to a poor understanding of the contractual and legal features thereof. References/ Bibliography: Alastair C.L. Mullis. (1997). Termination for Breach of Contract in C.I.F. Contracts Under the Vienna Convention and English Law; Is There a Substantial Difference? Published in Lomnicka / Morse ed., Contemporary Issues in Commercial Law (Essays in honour of Prof. A.G. Guest), Sweet Maxwell: London (1997) 137-160. John Adams ââ¬ËThe Negligent Carrier: The Buyers Successââ¬â¢ The Modern Law Review, Vol. 45, No. 6 (Nov., 1982), pp. 690-693. Sassoon, David M., (2006). C.I.F. and F.O.B. contracts (London: Sweet Maxwell, 5th Ed. 2006) Footnotes [1] T. D. Bailey, Son Co. v. Ross T. Smyth Co., Ltd. (1940) 67 Ll. L. Rep. 147. [2] 1 W.L.R. 862 (QBD). [3] In the case of Arnhold Karberg Co v Blythe Green Jourdain Co [1916] 1 K.B. 495 the Court of Appeal confirmed, at 495, that under a C.I.F. contract, ââ¬Å"the seller is obliged to tender documents representing contracts which are valid and effective at the time of tender.â⬠[4] Diamond Alkali Export Corp. v. Fl. Bourgeois [1921] 3 K.B. 443. [5] On this point, Mullis (1997) p139 writes: ââ¬Å"The c.i.f. contract is a type of sales contract where, although physical delivery is contemplated, the contract is performed by the delivery of documentsâ⬠Termination for Breach of Contract in C.I.F. Contracts Under the Vienna Convention and English Law; Is There a Substantial Difference? Alastair C.L. Mullis. Published in Lomnicka / Morse ed., Contemporary Issues in Commercial Law (Essays in honour of Prof. A.G. Guest), Sweet Maxwell: London (1997) 137-160. [6] As per Phillips J at 615: The Sirina [1988] 2 Lloydââ¬â¢s Rep. 613. [7] Law Bonar, Ltd. v. British American Tobacco Company, Ltd. [1916] 2 K.B. 605. [8] In the case of Belgian Grain Produce Company, Ltd. v. Cox Co. (France), Ltd. (1919) 1 Ll. L. Rep. 546, it was held that the insurance policy must cover the goods for the continuous journey, i.e. from shipment to delivery. [9] The importance of assignability within the context of commercial C.I.F. contracts was discussed, at length, in Diamond Alkali Export Corp. v. Fl. Bourgeois [1921]. [10] After all, the Bill of Lading represents the title in the goods and so B. Ltd. will not be able to take possession of the potatoes without these documents to verify his ownership. [11] However the buyer does not, and indeed should not, accept the documents if they have been tendered incorrectly. A rule in regards to this point was most elegantly expressed by McCardie in his famous and oft quoted dicta from the case of Mandre Saccharine Co. Ltd. v Corn Products Co. Ltd [1919] 1 KB 198. He stated: ââ¬Å"there may be cases in which the buyer must pay the full price for the delivery of the documents, though he can get nothing out of them, and though in any intelligible sense no property in the goods can ever pass to him ââ¬â i.e., if the goods have been lost by a peril excepted by the bill of landing, and by peril not insured by the policy, the bill of landing and the policy yet being in the proper commercial form called for by the contract.â⬠[12] This is strictly true; the insurance document will only cover the goods against all usual risks, and therefore, if the damage caused was due to an exception circumstance, there will be no form of financial redress for the buyer. If the exceptional circumstances were caused by the carrier, the buyer may sue this company in the tort of negligence or even in contract law [s2(1) Carriage of Goods by Sea Act, 1992 removes the normal rules of Privity to allow the ââ¬Ëright to sueââ¬â¢ in such cases to be transferable]. [13] Shipton, Anderson Co. v. John Weston Co. (1922) 10 Ll. L. Rep. 762 [14] In the case of Kwei Tek Chao v. British Traders Shippers Ltd. [1954] 2 QB 459, the High Court held that this right arises the moment the goods are passed over the ships rail on delivery.
Friday, January 17, 2020
India of My Dreams Essay
Long years ago, we made a tryst with destiny, and now the time comes when we shall redeem our pledge, not wholly or in full measure, but very substantially. At the stroke of the midnight hour, when the world sleeps, India will awake to life and freedom With these words of Pandit Nehru, on 15th August at the stroke of the midnight hour India declared itself independent from the British rule. As the Union Jack was being brought down and the Indian tricolor flew up the hopes and aspiration of the Indian founding fathers were completed. Sixty years after the birth of this massive and diverse nation though there has been considerable progress, the overall picture of life in the country is depressing. With increasing prices and growing unemployment, the common man remains as poor as he had been. Though education has spread, its standard and quality have received a set ââ¬â back. Nor is the political scene very encouraging. While the working of democracy is not satisfactory, the forces of religion, provincialism and linguism pose a threat to the unity of the country. Our leaders lack the qualities of idealism, integrity and self ââ¬â sacrifice, which were abundantly in evidence during the days of the struggle for freedom. In this bleak situation, it is natural for the youth of the country to have a vision of a stronger India. In the same way I have a vision too ââ¬â a fearless, strong, self reliant India. I visualize my country way ahead of other nations all round the globe in every aspect, whether its development in any field or showing its military might or being a fore-runner in technological advancement, skills and prosperity. I visualize India being a country that will provide equality of opportunity to one and all irrespective of caste, creed, and sex. A place that will provide optimum scope for development of latent skills of an individual and then to use it for the welfare of the nation. I strive for such a country wherein the poorest of the poor feel that this is his country in building which his voice has its due importance. I wish for a constitution, which will release India from all thraldom and patronage, and give her, if needed, the right to sin. I dream of a nation where nobody is illiterate and nobody sleeps hungry, where there is no distinction on the basis of genre, religion or caste, where justice to a common man is neither denied or deleted, where corruption in public life does not exist, where criminals do not occupy ministerial berths nor enter legislative assemblies, where merit counts in every sphere of life, where jobs cannot be purchased, where criminals have to spend the rest of their lives behind the bars and where the intellectuals like Amartya Sen do not have to leave the countryââ¬â¢s shore for higher research and recognition. Today India is grappling with divided states, poverty, and population on the one hand and a mà ©lange of languages, traditions, festivals, religions, cultures which poses a problem but my vision for India is a country where the Kirtans from Gurudwaras, and Azan from Mosques, the Bhajans from Temples and chiming of the bells from churches merge and mingle and produce a harmonious, melodious, tune of humanity. I dream of a casteless and a perfect India of which all Indians can be truly proud of. My vision of India may sound like a dreamerââ¬â¢s agenda but the day every Indian citizen realizes his responsibility towards his country my vision would be reality. At last I would like to conclude with the words of Sir Rabindranath Tagore: WHERE the mind is without fear and the head is held high Where knowledge is free Where the world has not been broken up into fragments By narrow domestic walls Where words come out from the depth of truth Where tireless striving stretches its arms towards perfection Where the mind is led forward by thee Into ever-widening thought and action Into that heaven of freedom, my Father, let my country awake.
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