Tuesday, November 26, 2019
V-1 Flying Bomb in World War II
V-1 Flying Bomb in World War II The V-1 flying bomb was developed by Germany during World War II (1939-1945) as a vengeance weapon and was an early unguided cruise missile. Tested at Peenemà ¼nde-West facility, the V-1 was the only production aircraft to utilize a pulsejet for its power plant.The first of the V-weapons to become operational, the V-1 flying bomb entered service in June 1944 and was used to strike London and southeastern England from launch facilities in northern France and the Low Countries. When these facilities were overrun, V-1s were fired at Allied port facilities around Antwerp, Belgium. Due to its high speed, few Allied fighters were capable of intercepting a V-1 in flight. Fast Facts: V-1 Flying Bomb User: Nazi GermanyManufacturer: FieselerIntroduced: 1944Length: 27 ft., 3 in.Wingspan: 17 ft. 6 in.Loaded Weight: 4,750 lbs. Performance Power Plant: Argus As 109-014 pulse jet engineRange: 150 milesMax Speed: 393 mphGuidance System: Gyrocompass based autopilot Armament Warhead: 1,870 lbs. Amatol Design The idea of a flying bomb was first proposed to the Luftwaffe in 1939. Turned down, a second proposal was also declined in 1941. With German losses increasing, the Luftwaffe revisited the concept in June 1942 and approved the development of an inexpensive flying bomb that possessed a range of around 150 miles. To protect the project from Allied spies, it was designated Flak Ziel Geraet (anti-aircraft target apparatus). Design of the weapon was overseen by Robert Lusser of Fieseler and Fritz Gosslau of the Argus engine works. Refining the earlier work of Paul Schmidt, Gosslau designed a pulse jet engine for the weapon. Consisting of few moving parts, the pulse jet operated by air entering into the intake where it was mixed with fuel and ignited by spark plugs. The combustion of the mixture forced sets of intake shutters closed, producing a burst of thrust out the exhaust. The shutters then opened again in the airflow to repeat the process. This occurred around fifty times a second and gave the engine its distinctive buzz sound. A further advantage to the pulse jet design was that it could operate on low-grade fuel. Cutaway drawing of V-1. US Air Force Gosslaus engine was mounted above a simple fuselage which possessed short, stubby wings. Designed by Lusser, the airframe was originally constructed entirely of welded sheet steel. In production, plywood was substituted for constructing the wings. The flying bomb was directed to its target through the use of a simple guidance system which relied on gyroscopes for stability, a magnetic compass for heading, and a barometric altimeter for altitude control. A vane anemometer on the nose drove a counter which determined when the target area was reached and triggered a mechanism to cause the bomb to dive. Development Development of the flying bomb progressed at the Peenemà ¼nde, where the V-2 rocket was being tested. The first glide test of the weapon occurred in early December 1942, with the first powered flight on Christmas Eve. Work continued through the spring of 1943, and on May 26, Nazi officials decided to place the weapon into production. Designated the Fiesler Fi-103, it was more commonly referred to as V-1, for Vergeltungswaffe Einz (Vengeance Weapon 1). With this approval, work accelerated at Peenemà ¼nde while operational units were formed and launch sites constructed. A German crew prepares a V-1, 1944. Bundesarchiv, Bild 146-1975-117-26 / Lysiak / CC-BY-SA 3.0 While many of the V-1s early test flights had commenced from German aircraft, the weapon was intended to be launched from ground sites through the use of ramps fitted with steam or chemical catapults. These sites were quickly constructed in northern France in the Pas-de-Calais region. While many early sites were destroyed by Allied aircraft as part of Operation Crossbow before becoming operational, new, concealed locations were built to replace them. While V-1 production was spread across Germany, many were built by slave labor at the notorious underground Mittelwerk plant near Nordhausen. Operational History The first V-1 attacks occurred on June 13, 1944, when around ten of the missiles were fired towards London. V-1 attacks began in earnest two days later, inaugurating the flying bomb blitz. Due to the odd sound of the V-1s engine, the British public dubbed the new weapon the buzz bomb and doodlebug. Like the V-2, the V-1 was unable to strike specific targets and was intended to be an area weapon that inspired terror in the British population. Those on the ground quickly learned that the end of a V-1s buzz signaled that it was diving to the ground. Early Allied efforts to counter the new weapon were haphazard as fighter patrols often lacked aircraft that could catch the V-1 at its cruising altitude of 2,000-3,000 feet and anti-aircraft guns could not traverse quickly enough to hit it. To combat the threat, anti-aircraft guns were redeployed across southeastern England and over 2,000 barrage balloons were also deployed. The only aircraft suitable for defensive duties in mid-1944 was the new Hawker Tempest which was only available in limited numbers. This was soon joined by modified P-51 Mustangs and Spitfire Mark XIVs. Seen in silhouette, a Royal Air Force Supermarine Spitfire manoeuvres alongside a German V-1 flying bomb in an attempt to deflect it from its target. Public Domain At night, the De Havilland Mosquito was used as an effective interceptor. While the Allies made improvements in aerial interception, new tools aided the fight from the ground. In addition to faster-traversing guns, the arrival of gun-laying radars (such as the SCR-584) and proximity fuses made ground fire the most effective way of defeating the V-1. By late August 1944, 70% of V-1s were destroyed by guns on the coast. While these home defense techniques were becoming effective, the threat was only ended when Allied troops overran German launch positions in France and the Low Countries. With the loss of these launch sites, the Germans were forced to rely on air-launched V-1s for striking at Britain. These were fired from modified Heinkel He-111s flying over the North Sea. A total of 1,176 V-1s were launched in this manner until the Luftwaffe suspended the approach due to bomber losses in January 1945. Though no longer able to hit targets in Britain, the Germans continued to use the V-1 to strike at Antwerp and other key sites in the Low Countries that had been liberated by the Allies. A German Luftwaffe Heinkel He 111 H-22 with a V-1 mounted. US Air Force Over 30,000 V-1s were produced during the war with around 10,000 fired at targets in Britain. Of these, only 2,419 reached London, killing 6,184 people and injuring 17,981. Antwerp, a popular target, was hit by 2,448 between October 1944 and March 1945. A total of around 9,000 were fired at targets in Continental Europe. Though V-1s only struck their target 25% of the time, they proved more economical than the Luftwaffes bombing campaign of 1940/41. Regardless, the V-1 was largely a terror weapon and had little overall impact on the outcome of the war. During the war, both the United States and the Soviet Union reverse engineered the V-1 and produced their versions. Though neither saw combat service, the American JB-2 was intended for use during the proposed invasion of Japan. Retained by the US Air Force, the JB-2 was used as a test platform into the 1950s.
Saturday, November 23, 2019
Pakistani Martyr Iqbal Masih
Pakistani Martyr Iqbal Masih The historical figure of importance, Iqbal Masih was a young Pakistani boy who was forced into bonded labor at age four. After being freed at age ten, Iqbal became an activist against bonded child labor. He became a martyr for his cause when he was murdered at age 12. Overview of Iqbal Masih Iqbal Masih was born in Muridke, a small, rural village outside of Lahore in Pakistan. Shortly after Iqbals birth, his father, Saif Masih, abandoned the family. Iqbals mother, Inayat, worked as a housecleaner but found it difficult to make enough money to feed all her children from her small income. Iqbal, too young to understand his familys problems, spent his time playing in the fields near his two-room house. While his mom was away at work, his older sisters took care of him. His life changed drastically when he was just four years old. In 1986, Iqbals older brother was to be married and the family needed money to pay for a celebration. For a very poor family in Pakistan, the only way to borrow money is to ask a local employer. These employers specialize in this kind of barter, where the employer loans a family money in exchange for the bonded labor of a small child. To pay for the wedding, Iqbals family borrowed 600 rupees (about $12) from a man who owned a carpet-weaving business. In return, Iqbal was required to work as a carpet weaver until the debt was paid off. Without being asked or consulted, Iqbal was sold into bondage by his family. Workers Fighting for Survival This system of peshgi (loans) is inherently inequitable; the employer has all the power. Iqbal was required to work an entire year without wages in order to learn the skills of a carpet weaver. During and after his apprenticeship, the cost of the food he ate and the tools he used were all added to the original loan. When and if he made mistakes, he was often fined, which also added to the loan. In addition to these costs, the loan grew ever larger because the employer added interest. Over the years, Iqbals family borrowed even more money from the employer, which was added to the amount of money Iqbal had to work off. The employer kept track of the loan total. It was not unusual for employers to pad the total, keeping the children in bondage for life. By the time Iqbal was ten years old, the loan had grown to 13,000 rupees (about $260). The conditions in which Iqbal worked were horrendous. Iqbal and the other bonded children were required to squat on a wooden bench and bend forward to tie millions of knots into carpets. The children were required to follow a specific pattern, choosing each thread and tying each knot carefully. The children were not allowed to speak to each other. If the children started to daydream, a guard might hit them or they might cut their own hands with the sharp tools they used to cut the thread. Iqbal worked six days a week, at least 14 hours a day. The room in which he worked was stifling hot because the windows could not be opened in order to protect the quality of the wool. Only two light bulbs dangled above the young children. If the children talked back, ran away, were homesick, or were physically sick, they were punished. Punishment included severe beatings, being chained to their loom, extended periods of isolation in a dark closet, and being hung upside down. Iqbal often did these things and received numerous punishments. For all this, Iqbal was paid 60 rupees (about 20 cents) a day after his apprenticeship had ended. The Bonded Labor Liberation Frontà After working six years as a carpet weaver, Iqbal one day heard about a meeting of the Bonded Labor Liberation Front (BLLF) which was working to help children like Iqbal. After work, Iqbal snuck away to attend the meeting. At the meeting, Iqbal learned that the Pakistani government had outlawed peshgi in 1992. In addition, the government cancelled all outstanding loans to these employers. Shocked, Iqbal knew he wanted to be free. He talked to Eshan Ullah Khan, president of the BLLF, who helped him get the paperwork he needed to show his employer that he should be free. Not content to just be free himself, Iqbal worked to also get his fellow workers free. Once free, Iqbal was sent to a BLLF school in Lahore. Iqbal studied very hard, finishing four years of work in just two. At the school, Iqbals natural leadership skills became increasingly apparent and he became involved in demonstrations and meetings that fought against bonded child labor. He once pretended to be one of a factorys workers so that he could question the children about their work conditions. This was a very dangerous expedition, but the information he gathered helped close down the factory and free hundreds of children. Iqbal began speaking at BLLF meetings and then to international activists and journalists. He spoke about his own experiences as aà bonded childà laborer. He was not intimidated by crowds and spoke with such conviction that many took notice of him. Iqbals six years as a bonded child had affected him physically as well as mentally. The most noticeable thing about Iqbal was that he was an extremely small child, about half the size he should have been at his age. At age ten, he was less than four feet tall and weighed a mere 60 pounds. His body had stopped growing, which one doctor described as psychological dwarfism. Iqbal also suffered from kidney problems, a curved spine, bronchial infections, and arthritis. Many say that he shuffled his feet when he walked because of pain. In many ways, Iqbal was made into an adult when he was sent to work as a carpet weaver. But he was not really an adult. He lost his childhood, but not his youth. When he went to the U.S. to receive the Reebok Human Rights Award, Iqbal loved watching cartoons, especially Bugs Bunny. Once in a while, he also had a chance to play some computer games while in the U.S. A Life Cut Short Iqbals growing popularity and influence caused him to receive numerous death threats. Focused on helping other children become free, Iqbal ignored the letters. On Sunday, April 16, 1995, Iqbal spent the day visiting his family for Easter. After spending some time with his mother and siblings, he headed over to visit his uncle. Meeting up with two of his cousins, the three boys rode a bike to his uncles field to bring his uncle some dinner. On the way, the boys stumbled upon someone who shot at them with a shotgun. Iqbal died immediately. One of his cousins was shot in the arm; the other wasnt hit. How and why Iqbal was killed remains a mystery. The original story was that the boys stumbled upon a local farmer who was in a compromising position with a neighbors donkey. Frightened and perhaps high on drugs, the man shot at the boys, not intending to specifically kill Iqbal. Most people do not believe this story. Rather, they believe that leaders of the carpet industry disliked the influence Iqbal was having and ordered him murdered. As of yet, there is no proof that this was the case. On April 17, 1995, Iqbal was buried. There were approximately 800 mourners in attendance. *The problem of bonded child labor continues today. Millions of children, especially in Pakistan and India, work in factories to make carpets, mud bricks, beedis (cigarettes), jewelry, and clothing- all with similar horrific conditions as Iqbal experienced.
Thursday, November 21, 2019
The Black Swan Essay Example | Topics and Well Written Essays - 750 words
The Black Swan - Essay Example Based on the example given, it is clear that the Internet is one of the encouraging events that have occurred. Conversely, Bp Mexican Gulf oil spill could be termed as a discouraging unforeseen event. Question 2 Yes, it makes sense to allocate resources to prevent a black swan event. Based on what happened to BP, it could be seen that the company would have prevented the disaster by allocating reasonable financial resources for structural expansion. BPââ¬â¢s partner, Anadarko, points out that the company made a poor choice and unreasonable measures by allocating money to the firm but instead management of the company advanced personal issues leaving the company with structural issues. This made the company vulnerable to any disaster. Both BPââ¬â¢s partner Anadarko and American oil industry agreed that BP has been in the forefront to cut the cost of company instead of improving the company technically (Correa n.d). Question 3 Yes, it makes sense to devote resources to contain a black swan event in case it occurs, which this is clear from the Bp oil spill. The spill occurred after installation of pipes with the use of limited centralizers. From the managerââ¬â¢s email, it is clear that the financial allocation was insufficient. If the company had allocated more money for procurement of more centralizers, the oil spill disaster would not have occurred. In addition, the American oil industry and the Bp partner agree with allocation of more resources for risk management. The company tried to cut costs, which is clear from the unjustifiable number of centralizers. The number of centralizers installed was six instead of 21 recommended centralizers by the engineers (Marianne 2010). Furthermore, there is a need for more financial resources for structural strengthening to avoid future catastrophe, the case of Bp Oil Company, it would have averted black swan had it allocated $7 billion to $21 billion for safety measures like procurement of safer head pipes. Quest ion4 Yes, human error is different from a black swan event because it is a decision that individuals make and at the end, it causes a disaster. For example, Bp oil company management decided to use six centralizers instead of the recommended 21 centralizers. This is a human error because someone made an undesirable decision. Conversely, black swan events cannot be the same as a human error because it cannot be predicted using past information or scientific approach. Yes, human error can lead to Black Swan, considering the 2008 financial crisis, it would have been easily prevented if financial experts had taken into consideration the financial mistakes which were already visible in the year 2006 (Marianne 2010). The case of Bp Oil Company, whereby the disaster of oil spill occurred, it is clear that human error leads to black swan, oil spilling and causing huge environmental pollution and making the company to into financial crisis. As pointed out above the use of less number of cent ralizers against the recommended number is human error that leads to black swan. Question 5 As an executive of Bp, my consideration would be redundancies wells. With little amount of money available I will have to invest on the remaining well. The extra well will help incase another disaster occurs. Precautionary measures should also be put into consideration. For example, the company will have to install acoustic shutoff switches to prevent offshore oil spills. In addition, an insurance
Tuesday, November 19, 2019
Art history Essay Example | Topics and Well Written Essays - 1250 words - 1
Art history - Essay Example visually appears the same as buon fresco, the pigments simply adhere to the surface since they are not absorbed into the wall; hence fresco secco does not have buon seccoââ¬â¢s longevity (Gardner et al: 410). ââ¬Å"This mural painting is among the greatest twelfth century European paintings in the United Statesâ⬠(MFA1, 2008). Earlier it had decorated the apse or semicircular area behind the altar of the monastery church of Santa Maria de Mur, in the foothills of the Spanish Pyrenees. The large-eyed, solemn figure of Christ, dominates the composition. He holds a book on which is inscribed reinforcing passages relating to Christââ¬â¢s centralization in Christian art and doctrine, which states: ââ¬Å"I am the way, the truth, and the life, no man cometh into the Father but by meâ⬠. All four Evangelists, who are authors of the New Testament Gospels, surround Christ. The frescoââ¬â¢s lower tiers contain the twelve Apostles, the original followers of Christ, and scenes from the Bible. The formality, symmetry and positioning of the figures are Byzantine, but the Spanish artist substituted Byzantine mosaic in favor of direct painting on plaster coated walls. The iconographic scheme in the semi-dome of the apse is more closely related to those of the Romanesque Church portals of France. In the fresco, Christ in a star-strewn Mandorla is flanked by the signs of the four Evangelists, which is the apocalypse theme that greatly fascinated the Romanesque imagination. Seven lamps between Christ and the Evangelist signs symbolize the seven Christian communities where St.John addressed his revelation, the Apocalypse, at the beginning of his book. Below, the apostles stand in pairs, adding to the formality of the composition. The main figures are presented with partitioning of the drapery into volumes, made to look tubular by local shading. The painter stiffened the irregular shapes of actual cloth into geometric patterns. The effect overall is one of simple, strong, and str aightforward
Sunday, November 17, 2019
Early Photography Essay Example for Free
Early Photography Essay Photography nowadays becomes an accessible form of hobby. The latest technology used for photography appears to be affordable for everybody who wants to pursue a skill in taking photos. Before the digital age, photography is known to be a pricey and a hard task to be an expert with but due to the accessibility that modern technology offer, photography is enjoyed by people coming from all walks of life. Capturing a real still-life image is the groundbreaking phenomenon that photography presented when it was created. The moment photography came to life; it opened an array of opportunities when it comes to media such as the television. Photography became established around early 1800s. The campaign for realism in any artistic endeavor flourished during the Renaissance period and the invention of photography was made out of that pursuit. Realism manifested in every form of art such as in sculpture, drawings, and paintings where the real-life images have been the goal of every artist to attain. Though photography has been established as a branch of art and science, capturing images was a subject of research during ancient civilizations such as in the time of the great Greek philosophers. Simple devices were developed in attempting to capture real images and as realism became an intense motivation in the arts and the study of science, the invention of photography contributed to various disciplines of its capability to capture real images. The invention of photography provided a whole new venue and easier way of capturing reality. Its popularity increased when sophisticated devices were further created and visual arts was taken into a different level. However, through the creation of photography, the interests to arts began to focus on taking real life pictures disregarding other forms of visual arts which were well-practiced before. Photography threatened painting and drawing because it brought the fullness and particularity of past reality alive in the present, a quality Benjamin calls the ââ¬Ëspark of contingency. ââ¬â¢ The extension of industrial and mechanical means of reproduction to cultural products had a potentially transformatory impact on the traditional form of art. (Dant 115) This impact can be considered as the convenient use of cameras in photography. Unlike painting and drawing, producing does not take up so much time, inexpensive, and can be easily reproduced. Photography is indeed a breakthrough in the field of arts. It recorded the most important events in history with just one press of the shutter and reproduced and preserved throughout the years. Technology became an artistââ¬â¢s company in terms of executing his or her own concepts. Photography is a discipline of art which has been enhanced by modern technology. Without its invention, there would be no visual records of historical details which can be shown to the future generations. The photos generated by early photography served as a time machine to show what happened in the past. The preservation of such events like the two major World Wars became possible because of photography. Restoration and reproduction became easier and did not require lots of work, unlike with painting and drawings. Photography is an art. Just like painting and drawing, capturing the images from reality can be manipulated with usage of devices. In photography, to be able to achieve different results, natural light is the element in which it can be manipulated to be able to came up with an enhanced or various effects of a real image. The creative vision of the artist is the main tool for photography to consider as an art because the camera is just a tool and the settings are provided for the photographerââ¬â¢s use. This vision is being performed in photography in manually positioning of artificial and natural light and the object itself through the lens. The works of modern photographers such as Cindy Sherman became known for their photos where they determine the position of lights and the objects. Photography is a discipline where there are theories to follow but for it be called an art, it is highly dependent on the execution of the photographer. References Dant, T. (2003). Critical Social Theory. USA: Sage.
Thursday, November 14, 2019
Sustainable Development Can Reduce Global Warming Essay -- Climate Cha
"Global warming is too serious for the world any longer to ignore its danger or split into opposing factions on it." -- Tony Blair, speech, Sept. 27, 2005 According to the latest scientific data there is a direct human influence on the climate system. An upward trend in global temperatures can be clearly seen over the last three decades. The effects of this human induced climate destabilization can be seen in the present and are projected to worsen over time, regardless of the level of carbon emitted into the future. This does not mean that global and regional systems should not be overhauled to reduce carbon emissions. A rapid decrease in emissions is necessary to avert further warming of the planet and changes in the climate system. As the various effects of the shifting climate are being seen now, it can be clear that a level of dangerous climate change has been reached, although not threatening on a global scale. In order to ensure the perpetuity of our species in conditions that are not life threatening, a new development pattern must be adopted. The old way, some may say the ââ¬Å"dirty way,â⬠is no longer feasible. No long er may we dig up energy reserves that were sequestered over millions of years and burn them in a matter of hours. This is not as sustainable as once was thought. The planet is telling us that we must radically shift the way we build, develop, live, connect, move, eat, recreate, etc. Sustainable development is a young notion, but a powerful one. Around it, is a conversation that attempts to unite every person on the planet in the hopes that we all might work together to further our species. Climate change fits into this conversation very well. Results of unsustainable development, the effects of climate ... ...â⬠UN News Center. Web. 2 Nov. 2014. ââ¬Å"Can Renewable Electricity Reduce Poverty? ââ¬â Institute of Development Studies.â⬠13 Jan. 2014. Web. 2 Nov. 2014. ââ¬Å"Climate Change 2014: Synthesis Report, Longer Report.â⬠Intergovernmental Panel on Cliamte Change. November 1, 2014. Gerland, Patrick, Adrian E. Raftery, Hana Sevcikova, Nan Li, Danan Gu, Thomas Spoorenberg, and John Wilmoth, et al. 2014. ââ¬Å"World population stabilization unlikely this century.â⬠Science no. 6206: 234. Resutek, Audrey. ââ¬Å"Study: Cutting Emissions Pays for Itself.â⬠MIT News. 24 Aug. 2014. Web. 2 Nov. [1]http://newsoffice.mit.edu/2014/cutting-carbon-health-care-savings-0824 [2]http://www.un.org/en/aboutun/index.shtml [3]http://www.ids.ac.uk/news/can-renewable-electricity-reduce-poverty Tony Blair Quote http://www.notable-quotes.com/g/global_warming_quotes.html#sdpRyJzEeS5ObBYq.99
Tuesday, November 12, 2019
High school versus college Essay
Going to College after so many years made me realize how different high school is from College. In fact, many students that attend College straight after high school quit after their first semester of College due to the changes and difficulties encountered. There are various reasons why College differs from high school. However, knowing the expectations and the culture of College in comparison to high school would help in a more successful transition. College differs from high school in many ways. However, students should begin their transition to College by first looking at not only what to expect from College; but also what College will expect from them. As a college education is very important step to reach personal aspirations in the workplace and life. First of all, College offers an opportunity to learn independently. Unlike high school, College students can function with little guidance from their professors. As a result, College students have to develop many self management skills such as getting to school on time, turning projects by deadlines, being able to use electronic materials for the syllabus, class outlines, online classes or assignments. Secondly, College has a faster pace than high school. Each college course is twice faster than high school courses. In addition, College course usually requires more reading, more homework, and more projects. The workload is totally higher and faster and requires more time to study. The College books have more words per page, thus more chapters than the high school books. The language used in the textbooks is more difficult and requires more time to study. Unlike high school which has specific school hours 5 days a week excluding weekends; College on the other hands offer more out of class time. Students can choose to go to school any time based on their chosen schedule whether is day, night or weekends. As a result of this freedom, College students have to learn to manage their time effectively. In addition, all high schools students must take the same basic classes in order to graduate such as English, Mathematics, Sciences, Physical education, world history, economics, foreign languages and other elective. College students on the other hand can take any classes based on their academic major. Most college freshmen start with beginning classes such as English, writing, speech, and Mathematics then they can choose any other required course based on their academic field of study. College students also have higher level of thinking than high school students. They are able to do research on a topic and ideas as well as analyzing others ideas and interpreting and evaluating data from any given source. High school students on the other hands can only summarize and take ideas from others. Some of College studentââ¬â¢s classes unlike high school class require research papers, presentation, and discussion in front of the whole class and sometimes peer evaluation. Although College culture differs widely from high school culture, students can also succeed with improved effort and practice. Whether students attend College straight from high school or its equivalents; or attending College after many years of working, going to college offers an opportunity to grow and to achieve goals. No matter what the background or motivation, being a College student will provide an opportunity to improve life and reach personal aspirations.
Sunday, November 10, 2019
Legal Notes
What is Contract? Contract is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as contract. Since the law of contracts is at the heart of most business dealings. There are two important elements in Agreeement of Contracts, i. e. 1) A proposal or an offer 2) An acceptance of that proposal or offer Essential Elements of a Valid Contract:- a) Agreement: ââ¬â A negotiated and usually legally enforceable understanding between two or more parties.Although a binding contract can result from an agreement, an agreement typically documents the give-and-take of a negotiated settlement and a contract specifies the minimum acceptable standard of performance. b) Intention to create legal relationship: ââ¬â One of the essential elements in the creation of a binding contract, this intention is implied by the fact that it is not expressly denied. Intention to bind the other party with th e involved legal obligations. ) Free and genuine contract:-Two parties must give their Free and genuine contract to the term of agreement. Such consent should not obtain one or more of following manners i. e. I. By coercion II. By undue influence III. By fraud IV. By misrepresentation V. By mistake If the consent would be proved to have been obtained in one or more of the aforementioned manner, such contract automatically declared as voidable contract. d) Lawful consideration:- Consideration is an essential element for the formation of a contract.It may consist of a promise to perform a desired act or a promise to refrain from doing an act that one is legally entitled to do. In a bilateral contractââ¬âan agreement by which both parties exchange mutual promisesââ¬âeach promise is regarded as sufficient consideration for the other. In a unilateral contract, an agreement by which one party makes a promise in exchange for the other's performance, the performance is consideration for the promise, while the promise is consideration for the performance. Consideration must have a value that can be objectively determined.Example:- To make a gift or a promise of love or affection is not enforceable because of the subjective nature of the promise. e) Lawful object: ââ¬â Courts will not enforce contracts that are illegal or violate public policy. Such contracts are considered void. For example, a gambling contract would be illegal in many states. f) Agreements not declared void or illegal:- The sagreement should be such Which have not been expressly declared as illegal or void by any law of the land. Such agreement would naturally be not enforceable by law just for this single reason. ) Necessary legal formalities: ââ¬â legal formalities are the legal obligations which are to be performed or fulfill by each and every organization by performing legal formality a unique image of organization is created in the mind of employees and other stake holders. Who ar e competent to contract? Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject, following person disqualified into valid agreement or contract: a) Minors ) Mentally incompetent person and c) Person who are declared incompetent through their status. MINORS Section 3 of Indian Majority 1875,a minor is a person who has not completed 18years of age. But then in the following specific cases, a minor is said to attain the majority on the completion of his 21 years of age ,instead : 1. Where a guardian of minorââ¬â¢s person or property is appointed under the guardians and wards act ,1890. 2. Where a court of wards assumes the superintendence of the minorââ¬â¢s property. For example : * If A is born in India on the 1st January 1850, and has an Indian domicile .B guardian of A is appointed by court of justice. A attains majority at the the first day of January 1871. (21 years) * If A is born in India on the 29th February 1852,and has an Indian domicile. B guardian Aââ¬â¢s property is appointed by a court of justice. A majority at the first moment of the 28th day of February 1873. (21years) * A is born on the first day of January 1850. He acquires a domicile in India . No guardian is appointed of his person or property by any court of justice, nor is he under the jurisdication of any court of wards.A attains majority at the first moment of the day of januray ,1868. (18 years) Under the English law, a contract by a minor is not void, but only voidable , at the option of the minor only, though only under certain exceptional circumstances. Under the Indian law a contact with or by minor is void, and not just voidable. As noted above a minor is not competent to contract. One question which arises in case of an agreement by a minor is, whether the agreement is void or voidable? The Indian contract Act does no t have any provision to answer this question.In the absence of any statutory provision there had been controversy on this point. The controversy was set at rest by the decision of the Privy Council, in the case of Mohori Bibee Vs. Dharmodas Ghose in 1903. It was held that the agreement made by a minor is void.. Point 1 CASE LAW 1: Mohiri Bibi vs Dharmodas Ghose * The plaintiff, Dharmodas Ghose, while he was a minor, mortgaged his property in favour of the defendant, Brahmo Dutt, who was a moneylender to secure a loan of Rs. 20,000. The actual amount of loan given was less than Rs. 0,000. At the time of the transaction the lawyer, who acted on behalf of the money lender, had the knowledge that the plaintiff is a minor. * The plaintiff(Dharmodas) brought an action against the defendant stating that he was a minor when the mortgage was executed by him and, therefore, mortgage was void and inoperative and the same should be cancelled. By the time of Appeal to the Privy Council the defen dant, Brahmo Dutt died and the Appeal was prosecuted by his executors(Mohiri bibi) . The Defendant, amongst other points, contended that the plaintiff had fraudulently misrepresented his age and therefore no relief should be given to him, and that, if mortgage is cancelled as requested by the plaintiff, the plaintiff should be asked to repay the sum of Rs. 10,500 advanced to him. The decision of the Privy Council on the various points raised by the defendant was as follows : * The defendantââ¬â¢s argument that the minor had falsely mis-stated his age, the law of estoppels should apply against him and he should not be allowed to contend that he was a minor, was considered.The Privy Council found that the fact that the plaintiff was a minor at the time making of the agreement was known to the defendantââ¬â¢s agent. It was held that the law of estoppel as stated in Section 115, Indian Evidence Act, was not applicable to the present case, where the statement (about age) is made to a person who knows the real facts and is not misled by the untrue statement. * Another contention of the defendant was that, if the plaintiffââ¬â¢s claim to order the cancellation of the mortgage is allowed, the plaintiff should be asked to refund the loan taken by him, according to Section 64 and 65, Indian contract Act.Judgement according session Section 64 of the Indian Contract Act reads as under : ââ¬Å"When a person at whose option a contract is voidable rescinds it, the other party there to need not perform any promise there in contained of which he is promisor. The party rescinding a voidable contract shall, if he received any benefit there under from another party to such contract, restore such benefit, so far as may be, to the person from whom it was received. Their Lordships observed that Section 64 was applicable to the case of a voidable contract. Minorââ¬â¢s agreement being void, Section 64 was not applicable to the case and therefore the minor could not ask to pay the amount under this section. If a minor has happened to receive some benefits under a void contract , he cannot be asked to return or refund such benefits. A minor can be a promise or a beneficiary:- According to Indian law , a minor canââ¬â¢t behind himself by a contract.A minor may not create a valid mortgage (credit) ,to execute an enforceable promissory note, and also he not incapable of being mortgagee of a property that means minor is entitled to all the benefits available to him, under the contract Ratification of an agreement a minor after attaining majority is void and invaid. The reasons for the rule that a minor cannot ratify an agreement after attaining majority are * An agreement entered into by a minor is void ab initio. A minor cannot ratify an agreement on attaining the age of majority to validate the same as there is no valid agreement/contract to ratify.Ratification is always treated as validation of previous authority/concerned party and dates back to th e date of actual agreement and so a contract/agreement which was then void cannot be made valid by subsequent ratification. The minor on attaining majority can enter into a fresh agreement but the earlier amount/asset cannot be treated as consideration for the new agreement. * Also when the agreement was entered into during the minority there was no ââ¬Ëproper considerationââ¬â¢ as the contract was void and this amount becomes ââ¬Ëbad considerationââ¬â¢ for new agreement and is not enough for validating that agreement by its ratification. ââ¬Å"Under section 11 a minor is not competent to contract he is disqualified from contracting. He can therefore neither make a valid proposal nor make a valid acceptance as defined in section-2, clause (a) and (b). He cannot, therefore, for the purposes of this Act be strictly called a promisor within the meaning of clause(c) nor can therefore anything done by the promise be strictly called a consideration at the desire of a promisor as contemplated by clause (d). It may, therefore, be urged that an argument by a minor cannot be strictly as being for ââ¬Å"considerationââ¬â¢.If the part of the benefit was received by a person during his minority and the other part after attaining the age of majority, a promise by him after attaining majority to pay an amount in respect of both the benefits is enforceable, as that constitutes a valid consideration for the promise. A minor cannot even enter into a contract through guardian or any other agent because it is void contract and the same is not capable of ratification by a minor, on his attaining majority. Ratification in law is treated as equivalent to a previous authority, and it follows that as a general rule, a person or body of persons, not competent to authorize an act canââ¬â¢t give validity after ratifying it. CASE LAW 2: Madras High Court Indran Ramaswami Pandia Thalavar vs Anthappa Chettiar And Others. on 14 March, 1906. In this case, a minor gave a pr omissory note for borrowing an amount of Rs. 2500 in 1895 and in 1898 after attaining majority he gave another promissory note ratifying the previous loan.But the court clearly declined the argument that though the first agreement was done by a minor, it was done on the ââ¬Å"desire off the promisorâ⬠citing above two reasons. A Minor can take the plea of being a minor Case Law -Leslie Vs Sheill The Events in the Case Sheill, a minor , fraudently misrepresented himself as a major and borrowed 400 pound sterling from Leslie. Actually Sheill was a minor at the material time ie at the time of borrowing the money.Sheill then spent the borrowed money and did not repay the loan. Leslie filed a suit against him claiming the following: Leslieââ¬â¢s claims 1. Recovery of the loan amount 2. Damages for the fraudulent misrepresentation( ie for the tort of deceit) The Verdict The court held that Leslie cannot recover the amount given to Sheill and also cannot claim damages under the La w of Tort. The justification for the verdict 1. A contract with a minor is void ab initio meaning it is void from the beginning.Hence even though the minor had misrepresented his age, the court cannot ask the minor to give the money back to Leslie as doing so would mean that the court is enforcing a void contract, which is not enforceable by law. Hence Leslie could not recover his money back. 2. Sheill has committed a tort( an action that harms another person, in this case it is Leslie). Law of Tort allows the aggrieved party to claim damages. But here the minor, Sheill is not bound by contract to borrow money or even for other purposes. Hence even damages cannot be claimed as the contract is void ab initio.Another Remark If Sheill had not spent the money, he cannot be asked to refund the money back. This is as per Section 30 and 33 of the Specific Relief Act, 1963. Section 30 of Specific Relief Act Court may require parties rescinding to do equity. ââ¬â On adjudging the resciss ion of a contract, the court may require the party to whom such relief is granted to restore, so far as may be, any benefit which he may have received from the other party and to make any compensation to him which justice may require. Section 33 of Specific Relief ActWhere a defendant successfully resists any suit on the ground- (a)à that the instrument sought to be enforced against him in the suit is voidable, the court may if the defendant has received any benefit under the instrument from the other party, require him to restore, so far as may be, such benefit to that party or to make compensation for it; (b)à that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to contract under section 11 of the Indian Contract Act, 1872 (9 of 1872 ), the court may, if the defendant has received any benefit under the agreement from the other party, require him to restore, so far as may be, such benefit to that party, to the exten t to which he or his estate has benefited thereby. Source: http://www. indiankanoon. org/doc/172614/ Example Say there is a Minor M and two other persons N and O. M fraudulently misrepresents himself as a major at the time of contract and borrows money from N by mortgaging his property. He later sold the property by fraud to O.N then cancels both the agreements. Both the contracts are void ab initio. It was judged that M has to compensate both O and N as they both were not aware of the fact that M had fraudulently misrepresented them at the time of contract. Other points A minor canââ¬â¢t become a partner in any partnership firm:- under Section 30 of the partnership Act , 1932. The estate of a minor is liable to a person who supplies necessaries of his life to him. The guardians and parents of a minor are not liable to a creditors of a minor , for any breach of contract by a minor , even for the supply of the necessaries , or otherwise. A minor can , however , act as an agent.Con tracts by the Persons of Mental Incompetence Definition and Understanding The term Incompetence habitually means ââ¬Å"The lack of ability, knowledge, legal qualification, or fitness to discharge a required duty or professional obligationâ⬠and consequently Mental Incompetence refers to that populace who are diagnosed as being mentally ill, senile, drunken state, delirium under the influence of high fever or suffering from some other debility that prevents them from managing his own affairs Such people may be accredited mentally incompetent by a court of law for which as a rule a guardian is appointed to handle the person's property and personal affairs.In order to be competent to a contract, a person should be of sound mind where the soundness of mind of a person depends on the following two factors: * His ability to understand the terms of a contract, and * His capability to form a rational judgment as to its effect upon his interest Henceforth, Section 11 and 12 specificall y articulates that ââ¬Å"A person is said to be of sound mind for the purpose of making a contract, if at the time when he makes it, he is capable of understanding it and of forming a rational judgment to its effect upon his interestsâ⬠* An individual who experiences from insanity at intervals can enter into a contract, when he is of sound mind * An individual who endures from insanity occasionally cannot enter into a contract, when he is of unsound mind Case Law 3:Civil Appeal Nos ââ¬â 1619-1620 of 2001 Legal Terms Used * Appellant ââ¬â An individual who, discontented with the judgment delivered and decided in a lower court or the findings from a proceeding asks a superior court to review the decision * Respondent ââ¬â The revelry against whom an appeal or motion, an application for a court order, is instituted and who is obligatory to answer in order to protect his or her interests Details Citation : Supreme Court of India Appellants : Chacko and Anr. Responden t : Mahadevan Hon'ble Judges : A. K. Mathur and Markandey Katju, JJ. | Case DescriptionThe case essentially is of the civil nature dealing with the Sale of Property and the execution of aforementioned sale endeavor. Fundamentally the sale was challenged as being null and void, the circumstances being the appellant ââ¬â Chacko and Anr. alleging that he was made to carry out the deed by acting under the influence of liquor by the respondent ââ¬â Mahadevan and was not in a fit state of mind and hence confronting the sale of assets as illogical and annulled At the outset an injunction was sought against the respondent and anon a series of cross suits by both parties to the case were filed. As the trial court detained that the appellants failed to prove the accusations allowing the ensemble of the respondent.Shortly the appellant stimulated appeal before the first appellate court where the order primarily in favor of the respondent was now overturned in favor of the appellant as the fact that one cent land was sold for Rs. 18000 vide Ext. A2 (sale deed dated 4. 9. 1982) and three cent land was sold vide Ext. A3 (sale deed dated 11. 7. 1983) for a sum of Rs. 1000, showing an unconscionable and irrational transaction This lead to an infuriated respondent, bestowing a second appeal before the high court of Kerala on account of the indicted verdict against the judgment of the First Appellate Court and its findings of fact. The Findings of Fact include the ââ¬Å"Unsound state of mindâ⬠of appellant established by medical certificate for Alcoholic Psychosis summiting to the well known Latin maxim ââ¬Å"res ipsa loquiturâ⬠i. e. the matter speaks for itselfThe Rationale for the Final Decision ââ¬Å"Transaction on the basis of documents executed when not in a robust state of mindâ⬠ââ¬Å"The Court cannot interfere with the unyielding findings of fact as the medical certificate for Alcoholic Psychosis submitted for of the first Appellate Court and is restricted only to questions of law. â⬠Judgment The second appeal signified that Chacko sold the land by sale deed dated 11. 7. 1983 when he was not of sound mind and some swindle was played on him at that time by Mahadevan with the court testifying that the Court cannot interfere with the findings of fact of the first Appellate Court, and is confined only to the questions of law.The deal was quashed by the court and in favor of the appellant Chacko dismissing Mahadevanââ¬â¢s plea Incompetence Through Status: Incompetence to contract may arise under various situations, like 1. From Political status 2. From corporate status 3. From Legal Status 4. From Marital status Examples 1. Pertaining to Political Status * An Alien Enemy cannot enter into a contract with an Indian during the period of war. If Pakistan is in war with India then no Pakistani can enter a contract with Indians during the period of war. But if they have entered into a contract already then the contract m ay be dissolved or suspended till the war is over. The contracts that are against public policy and that will benefit the enemy will stand dissolved.Other contracts will be suspended provided that they have not been rendered time barred under Indian Limitation Act. * Alien Friend: An Indian can enter into a contract with citizen of other foreign country which is not at war with India. 2. Pertaining to Corporate Status According to 1856 companies act, a company cannot enter into a contract against Memorandum of Association. 3. Pertaining to Legal Status Person declared insolvent are not considered to enter into a contract till such time they are able to get a certificate of discharge from insolvency. 4. Pertaining to Marital Status A married woman has full ability and competence to enter into a valid contract . She can sue and even be sued against, in her own name.
Thursday, November 7, 2019
10 Ways to Blog Your Book to Increase Sales Without Being Pushy or Annoying (Part 2)
10 Ways to Blog Your Book to Increase Sales Without Being Pushy or Annoying (Part 2) Last week I shared the first half of a list devoted to blog post topics that will let your audience know about your work in authentic and engaging ways. I will finish sharing those post ideas with you today in hopes that youââ¬â¢ll be able to spread the good word about your book and increase your sales without making your family and friends and social media followers want to run the other way. (Click here for Part 1) Letââ¬â¢s jump back in! Book Launch Party One of my favorite parts about promoting my books is planning and executing the book launch party. Making my fictional piece of art an experience for others to encounter feels like literally bringing my story to life. After the party, I often write a post sharing the details and a plethora of pictures. Readers who werenââ¬â¢t able to attend due to conflicting schedules or distance can catch up on all the action and of course buy a book through a clearly provided link. Behind the Scenes Factsà Once your readers have had a chance to experience your story world and come to know your characters, give them some bonus material. Creating a list of behind the scenes facts will make your readers feel like they are getting the inside scoop, and therefore special. When others bring up your book in conversation (in the grocery store, at church, in the breakroom) they will be able to say, ââ¬Å"Did you knowâ⬠¦?â⬠Word of mouth continues to be the greatest form of advertisement, and this type of blog post will keep the conversation going about your book. Interviews When my friend Silviaââ¬â¢s third installment in her YA Mythology trilogy came out, she spread the word through interviews. You can see three great examples of this type of blog post in action here, here and here. Silviaââ¬â¢s posts appear on a writing coachââ¬â¢s blog, a national childrenââ¬â¢s writing organization website and a fellow author friendââ¬â¢s blog. Search for guest blog post or interview opportunities that will give you and your book lots of (hopefully new!) eyes. Extras If you have created extra materials to go with your books, like discussion guides for book clubs or educational materials for childrenââ¬â¢s books, let the world know about them through a blog post. Rochelle Groskreutz, author of Easter Elf, and her publisher KWiL, created this adorable activity kit to go with her debut picture book. Not only is this free product value added to her story, but it is also a valuable addition to her website and will likely drive traffic in her direction. Share Some Wisdom Often you learn a thing or two in the process of writing a book. Write a blog post sharing that hard-earned knowledge with others and win yourself some fans and admirers in the process. These types of posts will also assert you as an expert in the field and therefore a credible and reliable source in the field. My friend Blaine did this recently when he learned a few successful tricks in the persnickety process of scanning, resizing and publishing original art when creating a picture book. He explains his process in this blog post about his book, The Leprechaun Who Lost His Luck. And last, but not least, you can write a post like this one, full of links to previously written content, in an effort to both illustrate a point and further spread the word about your work. Best of luck as you share your stories ââ¬â both the published ones and the ones behind the scenes ââ¬â with your audience. (Click here for Part 1)
Tuesday, November 5, 2019
Meaning and Origin of Surname Jenkins
Meaning and Origin of Surname Jenkins Jenkins is a double diminutive of John, literally meaning little John. It derives from the medieval given name Jenkin, which itself is a diminutive of the given name John, meaning God has graced me with a son. The Jenkins surname most commonly originated in Cornwall, England, but became quickly popular in Wales. Jenkins is the 95th most popular surname in the United States and the 97th most common surname in England. Origin English, Welsh Alternate Surname Spellings JENKIN, JENKYN, JENKING, JENCKEN, JINKIN, JUNKIN, JENKYNS, JENCKENS, JINKINS, JINKINS, JUNKINS, JENKENS, JENNISKENS, SIENCYN (Welsh), SHINKWINN (Irish) Famous People with the Surname Jenkins Albert Gallatin Jenkins, American politician and Confederate soldierElla Jenkins, American folk singer Source: Cottle, Basil. Penguin Dictionary of Surnames. Baltimore, MD: Penguin Books, 1967. Menk, Lars. A Dictionary of German Jewish Surnames. Avotaynu, 2005. Beider, Alexander. A Dictionary of Jewish Surnames from Galicia. Avotaynu, 2004. Hanks, Patrick and Flavia Hodges. A Dictionary of Surnames. Oxford University Press, 1989. Hanks, Patrick. Dictionary of American Family Names. Oxford University Press, 2003. Smith, Elsdon C. American Surnames. Genealogical Publishing Company, 1997.
Sunday, November 3, 2019
How can we make the roads safer for those who share the road with Thesis
How can we make the roads safer for those who share the road with bicyclists - Thesis Example Bicycle is emerging as a popular mode of transport and it gives its hundred percent to the owner. The question can be answered by addressing the psychology of the road users of different types of vehicles and better traffic education by the controlling authorities. The roads must be safer for all those who share them with bicyclists. Every life is precious, that of the rider on the bicycle or the gentleman driving the car. An accident is an accident and we know that it is an accident only when it happens! Deaths and injuries from car-bike collisions are common. Itââ¬â¢s a human problem: The blame game-the motorists claiming the exclusive rights on the road, and the cyclists demanding equal rights-- is no solution to the issue. For road fatalities, cyclists are not alone responsible. The reasons are varied. Carelessness of the adventurous rider, mechanical problems, and bad road conditions are some of them. The cyclists demand their right on the road along with safety. An individua l must first live to exercise the right! It is not a posthumous award! The argument that if there is no bicycle lane, the road should be out of bound for the cyclists, may be technically correct, but it defies solution. The motorists need to give up the How can we make the roads safer for bicyclists AND those who share the road with bicyclists? stand that they are born to race the car at 100-120 km per hour, from the moment it is out of the garage till the final destination, is a greedy and one-sided approach. Limit the speed and accommodate the bicycle riders, instead of going ballistic over them. While tendering the advice I would address the session for the bicyclists first and urge them to follow the rules scrupulously. It is not a circus performance. Never zigzag to challenge the oncoming cars. Self-discipline is the life-saver. Cyclists demand rights on a city road, and that underlines perfect regard for the traffic rules. The end-results should be a win-win situation for all. The argument of the motorists that they have the exclusive rights to use the roads, for which they pay tax in dollars, is not perfect. Cyclists too have paid taxes at the time of purchasing the bicycle (though indirectly) and they are citizens of the country subject to all other tax laws and rights guaranteed under the Constitution. Motorists have not been conferred with special rights. Not legal arguments, itââ¬â¢s the question of smooth flow of traffic No traffic law can be applied strictly under all circumstances. The question needs to be addressed prudently from the point of view of flow of traffic in a particular area/city. For example, the traffic rules for the cyclists in the heart of the New York City and its distant suburbs needs to be different. The traffic police, with their expertise and experience, frames well-meaning rules for motorists and cyclists and it is in the interest of both to follow the rules. How can we make the roads safer for bicyclists AND those who s hare the road with bicyclists? Saving precious lives is more important than winning legal points in arguments. The one, who travels on bicycle, does so, not necessarily on account of non-affordability of a motor vehicle due to economic considerations, but may be due to the reality one has to face about the traffic congestion on city streets. Cycling the distance has turned out to be an alternative mode of transport, and the issue has to be understood in that perspective. It is in the best
Subscribe to:
Comments (Atom)