Definition and Examples of Regionalisms in English

Definition and Examples of Regionalisms in English Regionalism is aâ linguistic term for a word, articulation, or elocution supported by speakers in a specific geographic territory. Numerous regionalisms [in the U.S.] are relics, notes R.W. Burchfield: words brought over from Europe, primarily the British Isles, and safeguarded in some zone either on account of the continuation of more seasoned lifestyles in these territories, or on the grounds that a specific sort of Englishâ was early settled and has not been completely overlaid or sabotaged (Studies in Lexicography, 1987). By and by, vernacular articulations and regionalisms frequently cover, however the terms are not indistinguishable. Dialectsâ tend to be related with gatherings of individuals whileâ regionalisms areâ associated with topography. Various regionalisms can be found inside a specific lingo. The biggest and most legitimate assortment of regionalisms in American English is the six-volume Dictionary of American Regional English (DARE), distributed somewhere in the range of 1985 and 2013. The computerized release of DARE was propelled in 2013.â Historical underpinnings From the Latin, to ruleExamples and Observations The accompanying definitions were adjusted from the Dictionary of American Regional English.flannel cakeâ (n) A pancake. (Usage: Appalachians)flea in ones earâ (n) An insight, cautioning, troubling revelation; a rebuke. (Usage: mostly the Northeast)mulligrubsâ (n) A state of sorrow or surliness; an ambiguous or fanciful unwellness. (Usage: dissipated, however particularly the South)nebbyâ (adj) Snoopy, inquisitive. (Usage: mainly Pennsylvania)pungleâ (v) To dish out; to plunk down (cash); to pay up. (Usage: predominantly West)say-soâ (n) A frozen yogurt cone. (Usage: scattered)(Celeste Headlee, Regional Dictionary Tracks The Funny Things We Say. End of the week Edition on National Public Radio, June 14, 2009) Pop versus Pop In the [American] South it’s called Coke, in any event, when it’s Pepsi. Numerous in Boston state tonic. A not very many even request a bubbly beverage. In any case, the discussion between those soda pop equivalent words is a phonetic undercard in the nation’s carbonated war of words. The genuine fight: pop versus pop. (J. Straziuso, Pop versus Soft drink Debate. Related Press, September 12, 2001) Expressway In Delaware, an expressway alludes to any parkway, however in Florida, a freeway is an expressway. (T. Boyle, The Gremlins of Grammar. McGraw-Hill, 2007) Sack and Poke Sack and jab were both initially territorial terms for pack. Sack has since become a Standard expression like pack, however jab stays provincial, essentially in South Midland Regional vernacular. (Kenneth Wilson, The Columbia Guide to Standard American English, 1993) Regionalism in England What some call a move, others call a bun, or a cob, or a bap, or a bannock, while in different regions [of England] more than one of these words is utilized with various implications for each.(Peter Trudgill, The Dialects of England. Wiley, 1999)How do you make your tea? In the event that you originate from Yorkshire you presumably ‘mash’ it, yet individuals dressed in Cornwall are bound to ‘steep’ it or ‘soak’ it and southerners frequently ‘wet’ their tea.(Leeds Reporter, March 1998) Word reference of American Regional English (DARE) As boss editorial manager of the Dictionary of American Regional English (DARE), a gigantic exertion to gather and record nearby contrasts in American English, I go through my days investigating the endless instances of territorial words and expressions and attempting to follow their starting points. Propelled in 1965 at the University of Wisconsinâ€Madison, the undertaking depends on a huge number of meetings, papers, government records, books, letters, and journals. . . .[E]ven as we close to the end goal, I experience a typical misperception: individuals assume that American English has gotten homogenized, making the word reference an inventory of contrasts since a long time ago leveled out by media, business, and populace shifts. There’s a trace of legitimacy to that. Certain local terms have been debilitated by business impacts, as Subway’s sub sandwich, which is by all accounts snacking endlessly at saint, hoagie, and processor. It’s likewise evident tha t outsiders will in general converse with one another in a to some degree homogeneous jargon, and that more Americans are moving ceaselessly from their etymological homes as they move for school, work, or love.But DARE’s research shows that American English is as differed as could be. The language is broadened by movement, obviously, yet in addition people’s artistic freedom and the flexible idea of nearby vernaculars. We have many approaches to allude to a remote spot, for example, including the boonies, the sticks, the tules, the puckerbrush, and the willywags. The famous town nitwit, in such a spot, may in any case be portrayed as unfit to convey guts to an endure or spill piss out of a boot. On the off chance that his condition is brief, a Southerner may call him swimmy-headed, which means woozy. Furthermore, if his house is filthy, a Northeasterner may call it skeevy, an adjustment of schifare, the Italian action word to disgust.As these models propose, the region alisms that continue are frequently not those we gain from books or educators or papers; they are the words we use with loved ones, the expressions we’ve known always and never addressed until somebody from away commented on them. (Joan Houston Hall, How to Speak American. Newsweek, August 9, 2010) Regionalisms in the American South Jargon is . . . strikingly extraordinary in different pieces of the South. No place yet in the Deep South is the Indian-determined bobbasheely, which William Faulkner utilized in The Reivers, utilized for a dear companion, and just in Northern Maryland does manniporchia (from the Latin insanity a potu, absurdity from drink) [mean] the D.T.s (daze tremens). Little tomatoes would be called tommytoes in the mountains (tommy-toes in East Texas, serving of mixed greens tomatoes in the fields region, and cherry tomatoes along the coast). Contingent upon where you are in the South, an enormous patio can be a veranda, piazza, or exhibition; a burlap pack can be a tow sack, crocus sack, or grass sack; flapjacks can be flittercakes, wastes, corncakes, or battercakes; a harmonica can be a mouth organ or french harp; a wardrobe can be a storeroom or a storage; and a wishbone can be a wishbone or pulley bone. There are several equivalent words for a stick peach (green peach, pickle peach, and so forth.), arousing wood (lightning wood, lit bunches) and a provincial occupant (snuff chewer, kicker, yahoo). (Robert Hendrickson, The Facts on File Dictionary of American Regionalisms. Realities on File, 2000) Elocution: REE-juh-na-LIZ-um

Genetic Testing Controversies

Hereditary Testing Controversies 1-12-11 Biology Genetic Testing, otherwise called DNA-based tests, is another strategy for testing for hereditary ailments or disarranges. In the test the DNA particle is inspected and different tests incorporate tiny assessment of chromosomes, for recolored or fluorescent chromosomes. Hereditary tests are utilized for transporter screening, infant screening, personality testing, pre-birth analytic testing, and expectation of clutters sometime down the road, for example, Huntington’s or Alzheimer’s ailment and so on. Human Genome Project) Controversies today that hereditary testing today faces is with the security, assents, value and segregation. The protection of the data that is found may not be secret between the patient and the specialist it might likewise be uncovered to others that are not associated with the issue. The discussions with assent are that should the insurance agencies be permitted to have the data of clinical records and family ancestries before giving consent to anything. (Friesen, Tim.The Genetic Testing Controversy). The expenses of a portion of these hereditary tests are over the top expensive, some costing more than $1000. Another contention is connected with separation to the individuals appeared by insurance agencies, where they are segregating on the individuals by the data which is gotten to them by hereditary tests. Another model is the place a lady who had applied to turn into a new parent was denied because of a family ancestry of Huntington’s malady which additionally made her helpless to the illness. Friesen, Tim. The Genetic Testing Controversy) A favorable position of Genetic testing is that it gives data about any illness or scatters an individual may have and treat that individual quickly for a fix. Another favorable position is that these tests help to carry on with a hazard free life from the earliest starting point, for instance Genetic testing are done on new conceiv ed babies, which assists with recognizing any clutters from the earliest starting point so treatment can be given right away. Advantages of hereditary testing) Another preferred position of hereditary testing is that there are less exams and visits to the specialist if there is a past filled with an infection in a family. Another preferred position is that if an individual is hereditarily tried and the outcomes are certain, they get the opportunity to make â€Å"informed decisions† in their life. (Advantages of Gene Testing. National Cancer Institute) An impediment of hereditary testing is that if an individual is certain for a malady which can't be restored totally, is still in a hazard. Related article: â€Å"Advantages and Disadvantages of Genetic Engineering†For model bosom and ovarian malignant growths, you can't dispose of every single bosom or ovary related cells. Much after the medical procedure, the hazard is still there. Another hindrance is numerous individuals in the wake of accepting their test outcomes and testing constructive for an ailment, prompts misery, tension or outrage for a great many people, generally ladies in these cases. Another inconvenience of hereditary testing is numerous individuals face segregation in getting protection, or work because of the consequences of that person’s hereditary test. Reference Pictures http://www. beltina. organization/pics/genetic_testing. jpg

japanese corruption essays

japanese debasement expositions The Japanese political framework has it's complexities like some other government. The most boggling one in Japan is it's debasement which has gotten so well known among the officials throughout the years. This administration has attempted to better itself with each gathering head lecturing another expectation or change for the legislatures future. The inquiry keeps on emerging on why things are how they are in this nation. With each new gathering that picks up the larger part casts a ballot, gets a defeat the future to hurt the Japanese economy and political structure. It may be best said that The Japanese individuals have been more than liberal in permitting political debasement and have authored a maxim portraying the marvel: tok-age no shipp kiri-Cutting the tail of the reptile. Nature has expanded the reptile's odds of keeping away from catch by its adversaries by outfitting it with a separable tail. At the point when a predator holds onto an escaping reptile by the tail, it severs and the reptile get away. Be that as it may, this misfortune isn't lasting as the reptile can recover this part of its anatomy(Hayes, 107). This allegory flawlessly depicts the degenerate initiative in Japan. The vast majority of defilement that happens impacts the gathering and its pioneers however motivations nothing lasting so it is frequently that these improper demonstrations simply slide. This issue is the thing that has made political defilement become just about a standard in Japanese society. The drawn out impacts of this debasement has made a serious harm Japans political framework yet the individuals who have gotten trapped in embarrassments are treated with next to no discipline. On a neighborhood level, there has been numerous instances of pay-offs associated with open works and bureaucratic favors. Vote purchasing has gotten extremely well known among the Japanese outrages. The cash that was utilized was constantly intended to be passed in an inconspicuous way. More often than not these blessings were disregarded as political gifts. Bookkeeping guidelines have been controlled and ficti... <!

Health Care, Legal Aid, Financial Education and Opportunities - 825 Words

Health Care, Legal Aid, Financial Education and Opportunities (Essay Sample) Content: Name: Professor: Course: Date: Health Care, Legal Aid, Financial Education and Opportunities Health Care In as much as numerous advancements in the diagnosis and treatment of chronic ailments take root, many cases of disparities in the offering such services have been reported. The ultimate effect of the culmination of such disparities is access to poor medical practices for the ethnic minority communities or ‘inferior’ races. The Institute of Medicine report on the unequal treatment indicates that racial and ethnic differences in healthcare exist. In essence, these result in worse outcomes, and therefore, they are completely unacceptable (Byrd and Linda et al. 59). Strictly speaking, different ethnic communities possess different cultures and hence a difference in cultural practices. The Indian-Americans have cultural practices that differ from other communities. Many people fear to express their mental illnesses to their immediate family members, frie nds, or any other person. In most cases, some of them decide to reveal such illnesses to strange people through social media, or YouTube. A person having mental illness in most cases goes through a therapy, which is not an easy process and many people fear going through the process. For example, Rose, who decided to keep her depression illness from her parents, as she fears going though therapy at her age. Disfigurement is another problem that many people do not like expressing publicly. In most cases, communities who are not exposed do not want to be associated with any disfigurement and even do not seek medical treatment. Illnesses such as depression kept due to fear of expressing leads to disfigurement. Many children are kept indoors by their parents due to disfigurement that they do not want to be associated with them. Most of the youths interviewed expressed problems asked responsible authorities to express such problems publicly as they fear to express them individually. The Legal Process It is common to hear that the black race have taken demonstrations to the streets demanding for what they term as equality to the access of legal rights. Access to equality in legal rights encompasses many processes including the treatment by the police all the way to access to justice in the established court systems. In many instances where crimes have occurred, the police are usually intrigued to engage the public in a quest to uncover the perpetrators of such crimes. Racial profiling manifests in such circumstances, for instance, the black community have their cars stopped for regular and routine checking (Teufel et al. 329). On the face of the matter, such happenings do happen and fortunate enough, some are reported. For example, the Louisiana State Police Department training film specifically did encourage the department’s police officers to do prompt traffic stops against males of foreign origin and nationalities. In essence, the targeted people included the Cubans, Puerto Ricans, and other foreigners. It is obvious that when an individual dies, the responsible authorities should investigate and arrest the responsible individuals. In this case, the police treat black community differently as their cases of death are not investigated as compared to the white. The black communities are forced to mourn their loved ones with all the pain and bury them without any attention from the responsible authorities. In addition, the black communities still observe their cultures and when someone dies their names are given to the young ones in the next generation (Otuyelu and Shakira 435). They believe that the dead person will continue living with them. The white does not observe such cultures, as the death is buried and forgotten. Access to Economic Opportunities and Wealth In trying to understand the racial and ethnic imbalances in wealth, a person needs to do an examination of the distribution of wider components of total wealth and the ave rage distribution of components of a smaller form of wealth where financial wealth takes precedence. A study reveals that the white population accumulates much of the nation’s wealth whereby the blacks follow and ultimately the Hispanic people. Access to loans in a financial institution is discriminately and hence the disparities in the total accumulated wealth among the three groups. Access to jobs is discriminatory in nature in that many people who belong to the minority ethnic communities and races have access to poorly-paying jobs hence the lowered accumulation of wealth (Marable 105). Black community has been discriminated by the white when it comes to accessibility of jobs. Nothing has changed for many ...

joint family - 1664 Words

In India, the land of culture and unity, culture and unity are wellmanifested in the structure of society, indeed in the smaller unit of a society i.e. family. A family is a set of human beings related to each other in a non-professional manner, giving rise to a concrete cohesion within the family. Love, care, and affection are the most prominent human values, which are responsible for maintaining these bonds of relationships withina family. Typically, a nuclear family may be conceived as a unit consisting of acouple, children, and grandparents, and pets. In India however, there exists a special kind of family structure that really is quite vivid in the way it manages to handle and keep intact the human relations. This special kind of†¦show more content†¦pouse with or without unmarried Children Supplemented Nuclear It includes three types of families (a) Supplemented Nuclear: Head and spouse with or without unmarried children but with other Relations who are not currently having Spouses(b) Broken Extended Nuclear: Head without spouse But with otherrelations of whom only one is Having spouse(c) Supplemented Broken Nuclear: Head without Spouse with or withoutunmarried children but With other unmarried/separated/ divorced/Widowed relation Joint family It includes both lineally extended and Collaterally extended families (a) Lineally extended family -- Head and spouse With marriedson/daughter and their Spouses and parents with or without other Notcurrently married relation (OR) Head Without spouse but with at least twomarried Son/daughter and their spouses and/or Parents with or withoutother not currently Married relation b) Collaterally extended family -- Head and Spouse with marriedbrother/sister and Their spouses with or without other Relation [including(b) Collaterally extended family -- Head and Spouse with marriedbrother/sister and Their spouses with or without other Relation [including(b) Collaterally extended family -- Head and Spouse with marriedbrother/sister and Their spouses with or without other Relation [including(b) Collaterally extended family -- Head and Spouse with marriedbrother/sister and Their spouses with or without other Relation [includingb) Collaterally extended family -- Head and Spouse withShow MoreRelatedJoint Family System3934 Words   |  16 Pages[pic] [pic] SCHEME OF PRESENTATION âž ¢ INTRODUCTION âž ¢ HISTORY OF JOINT FAMILY SYSTEM âž ¢ NUCLEAR FAMILY SYSTEM V/S JOINT FAMILY SYSTEM âž ¢ ROLE OF JOINT FAMILY SYSTEM IN SOCIETY âž ¢ ADVANTAGES OF JOINT FAMILY SYSTEM âž ¢ DISADVANTAGES OF JOINT FAMILY SYSTEM âž ¢ FUTURE OF JOINT FAMILY SYSTEM âž ¢ CONCLUSION âž ¢ REFERENCES INTRODUCTION A family is a set of human beings related to each other in a non professional manner, where love, care andRead MoreJoint Family vs Nuclear Family1875 Words   |  8 PagesJoint Family Vs. Nuclear Family System   The joint family A joint family involves much more than people living under the same roof. Those of you who have experienced it will know its worth. With everyone putting in his or her part, the old joint family system could benefit everyone. Not only do your children get to live and grow with their grandparents and cousins, they also learn the value of relationship. They learn to give and take, to be patient, cooperative, tolerant and to adjust with theRead MoreAdvantages and Disadvantages of Living in a Joint Family Essay772 Words   |  4 PagesAdvantages and disadvantages of living in a joint family A joint family was a phenomena found only in India of the bygone days. This really meant that, the parents with all their children and grandchildren stayed together under one single roof. This system could prevail for decades for several reasons. First and foremost, all the children stayed in the same town as, no one went out of the town to another distant town in search of a job. This made it possible for all children to remain in town,Read MoreImplications Of Septic Arthritis On The Family1016 Words   |  5 PagesArthritis on the Family. Having a child hospitalized causes an increase in the levels of stress and anxiety for any caregiver. It has been found that hospitalization causes parents and siblings of the child to feel a sense of loss of control and confusion (Commodari, 2010). Stress can lead to more serious problems in the individual, and the family as a whole. â€Å"Intensive psychosocial intervention in inpatients and outpatients is found to have a positive impact on child and family functioning, thereforeRead MoreFunctions Of A Joint And Articular Cartilage954 Words   |  4 PagesOsteochondritis Dissecans Osteochondritis dissecans (OCD), happens when a piece of tissue that covers a joint (articular cartilage) is separated from the bone. Articular cartilage protects the bones and allows joints to move smoothly, without pain. OCD most commonly affects the knee joint, but it can also occur at the ankle, elbow, or other joints throughout the body. OCD occurs mainly in children and adolescents. Mild cases of OCD tend to heal over time, especially if a child has this conditionRead MoreIs Septic Arthritis A Potential Emergency? With Significant Mortality And Morbidity?933 Words   |  4 PagesGP this am, suffering with severe, constant pain and progressive swelling of the left knee, over past two days. The GP would like her transported to Accident and Emergency for investigations re any systemic infection or within the knee and other joints. The crew entered the patients’ house to find her in bed unable to weight bear. Her left knee appeared red, swollen, and the skin was tight; it felt hot, was very tender to touch and the movement was limited with minimal range of motion. SheRead MoreSpeech - Not Just An Old Persons Disease Essay3514 Words   |  15 Pageshospital started very young, when I was at the age of three. My parents saw me slightly limping and having trouble walking around the house. On inspection, they noticed my knees were hot, with swelling across both of them. During this day, my right knee joint seized up and I was not able to straighten my leg. Tears started running down my face, and it was obvious to my mum I was in pain. My parents were puzzled as to what could be causing it and their first thoughts was that I had pulled a muscle or injuredRead MoreEssay Paper on Total Knee Replacement Surgery2455 Words   |  10 Pages2003). There are more replacement operations performed on the knee than any other joint in the body: more than 600 000 total knee replacements are performed each year globally. The annual total global knee market is estimated to be worth $2 billion (Advanced Ceramics Report). Total knee replacement, which is defined as the surgical insertion of a hinged artificial joint, relieves pain and restores motion to a knee which is affected by arthritis or injury. In a standardRead MoreEffects Of Long Term Driving On Manibandha Sandhi2231 Words   |  9 PagesEffect of long term driving on Manibandha Sandhi (Wrist joint ) of Auto rickshaw drivers : A Different overview on an occupational disease Dr. Abhijit B. Patil Associate Professor, Rachana Shareer Department, LBVK Manjara Ayurved Medical College, Latur. (M.S.) ABSTRACT : Anatomy is the branch of medicine where study of structures of human body is done at the level of first year of academic course of every medical profession. The study is based on systemic pattern. So manyRead MoreRheumatoid Arthritis And The Most Common Form Of Arthritis1514 Words   |  7 PagesRheumatoid Arthritis (RA) is a chronic inflammatory disease that primarily attacks all synovial joints. RA is the second most common form of arthritis, with osteoarthritis being the most common (Clements, 2011). It can occur at any age, however it generally affects those between the age of 30 and 50 (Marieb and Hoehn, 2013). If left untreated, active rheumatoid arthritis can cause joint damage, frailty, a decrease in quality of life, cardiovascular disorders along with other dire consequences (Scott

The Firearm Owner s Privacy Act - 1035 Words

Based upon my understanding of the United States Constitution as well as listening to the arguments brought forth by the two parties in this particular case, I see a great reason to believe that three of the four provisions of the Firearm Owner’s Privacy Act is an unconstitutional abridgment of the First Amendment. The record-keeping provision, anti-harassment provision, and the inquiry provisions are in clear violation of the First Amendment as they are content-based regulations of speech that fail strict scrutiny. However, the anti-discrimination provision of the law is constitutional as it does not regulate free speech. Syllabus: The Firearm Owner’s Privacy Act contains four provisions. The greatest problem with the three†¦show more content†¦The law, as enacted, has three provisions designed to carry-out the state of Florida’s governmental responsibility of protecting its citizens’ Second Amendment rights from being potentially infringed. Additionally, there is one provision in the law that aims to protect against the possibility that physicians might discriminate against patients or potential patients simply due to the fact that they are exercising their constitutional right of owning a firearm. However though, in creating this law, the Florida State Legislature created a content-based and viewpoint-based restriction upon physicians’ right to freedom of speech under the First Amendment. As this law imposes both a content-based and viewpoint-based restriction upon a physician’s fundamental right to free-speech specifically in order to prohibit the advocation of a specific point of view, I believe that strict scrutiny is only suitable form of judicial review for a case such as this. As was established in Ashcroft v. ACLU (2002), the government cannot impose restrictions upon the First Amendment simply because of its content. This decision was then strengthened greatly by the Supreme Court in the case of Reed v. Town of Gilbert which made the determination that laws which restrict speech â€Å"based on its communicative content†¦ are presumptivelyShow MoreRelatedMental Health Evaluations For Gun Purchase1168 Words   |  5 Pagesand destroyed families. The question is on who, or what does the blame fall on. Are the gun owners the responsible, or are the weapons themselves to blame? A solution that has been set forth concludes that in order to become a firearm owner, mental stability should be proved. Should government enforce mental health evaluations for gun purchase? Yes, to Mental Health Evaluations for the Purchase of Firearms The answer is yes, government not only has a responsibility, but a duty to the citizens ofRead MoreNra1731 Words   |  7 PagesYork state, in 1892, opposition forced it to close its first range in Long Island and relocate to New Jersey. This is dually discussed (nra.org; wikipedia.com) The NRAs began promoting shooting sports for youths in 1903 when NRA Secretary Albert S. Jones encouraged the establishment of rifle clubs at all major colleges, universities and military academies. By 1906, more than 200 boys were competing in matches. This tradition is carried forward to today, where more than one million youths participateRead MoreGun Laws And The Rights Of Free Speech1748 Words   |  7 Pagesviews on the issue. Interest groups help give people an outlet to express and act on what they believe in. States United Against Gun Violence is an interest group that has been lobbying for stricter gun laws in the U.S. to help try and prevent gun violence. This group is mainly made up and supported by people who were directly effected by gun violence, whether it be from a child accidently getting a hold of a firearm and hurting themselves or another or someone being killed in a shooting. The StatesRead MoreThe Issue Of Gun Violence1238 Words   |  5 PagesRecently, the SAFE Act, or Secure Ammunition and Firearms Enforcement Act, has sparked a large debate amongst New York residents. The law, passed January 15th, 2013, created many new restrictions for gun owners and those looking to purchase guns. Perhaps the most controversial part of the ordeal was the hasty enactment of the law. Many dispute that it is an infringement on their constitutional rights. In addition, the State doesn t have the means to enact many parts of the law. The law assumes thatRead MoreAmerica s Relationship With Guns Essay1421 Words   |  6 Pageswas urged by increasing mafia related incidents, to pass the first Federal Law to control machine gun sales, in the National Firearms Act of 1934. (History of Gun Control Legislation) In 1938, Roosevelt furthers gun control laws by, requiring interstate gun dealers to be licensed, as well as to strictly keep sales records of all transactions. Roosevelt’s National Firearms Act of 1938 also prohibited sales to those convicted of violent crimes. (History of Gun Control Legislation) In 1968, spurred byRead MoreEssay The History of Gun Control in the United States885 Words   |  4 Pages â€Å"The right of the people to keep and bear arms shall not be infringed.† A gun license grants a user the right to own and use a firearm. Gun-right supporters strongly oppose federally mandated licensing or registration. They see both as dangerous steps toward revoking Second Amendment rights. They say that with mandated licensing or registration, a right guaranteed by the Constitution becomes a privilege granted by the government (Doeden). The topic of gun control/rights in the United States hasRead MoreWhat Is Stop And Frisk1419 Words   |  6 Pagespossess reasonable suspicion and follow their guidelines. People should have open ideas of ways of reducing gun violence and not closing before hearing the proposals. People say that stop and frisk promote racial profiling and that it invades one’s privacy rights. Police officer are human being and make mistakes because no one is perfect in this Earth. Gun violence has been a main subject now a day, where you hear it on the news about a school shooting. Stop and frisk are an effective way to bring downRead MoreGun Control And The Rights Of A Free State1149 Words   |  5 PagesInstitute of Justice reported that in 1994, 35% of households owned 192 million firearms, with 65 million of those being handguns. 74% reported owning more than one. By 2000, the number had increased to 259 owned across the nation and 294 million by 2007. Retail prices vary from $75 to $1500 for a typical handgun. A gun is used in a homicide 3.2 times per 100,000 people per the FBI Crime Reports of 2011. In 2009, firearm fatalities numbered 11,826 homicides, 18,735 suicides, 554 accidental shootingsRead MoreCivil Liberties And The American Dream1739 Words   |  7 Pagesthat would have to rapidly protect themselves from men rebelling against the militia. The Third Amendment was strictly enforced to give the citi zens comfort and peace in their American homes. It states that a government official is to give citizens privacy unless demanded to interrupt the peace. Finally, the last amendment that protects basic freedoms would be recognized as the Fourth Amendment. This amendment placed restrictions on unlawful search and seizures of American’s property. Although theseRead MoreGun Control Essay1219 Words   |  5 Pagesthe epidemic of gun violence that is facing this nation today. There is evidence to support that many guns used for illegal activities are obtained by illegal means anyway, making laws to restrict the purchase of said guns ineffective at keeping firearms out of criminals hands. Evidence also supports the statements that guns are used in defense more often than not, that the age old statistic that â€Å"13† children die each day by guns is inaccurate, and that there are numbers that show the direct relationship

Contract Case Law Theory of Contract Law

Question: Discuss about the Report for Contract Case Law the Theory of Contract Law. Answer: 1. According to contract, there are certain essential elements that have to be present to which an agreement becomes legally enforceable contract. For example, in such a case, an offer should be made by one party and the other party should accept the offer. Valid consideration is also required and similarly the parties should also have the intention of creating legal relations. Apart from it, the party should have the capacity to contact (McDonald, 2015). In the present case, the principles of contract law have been applied to the given situation and advice has been given to be concerned persons. Advice for Connor: In this case, Connor had placed a notice on the windscreen of his car in which he has expressed his desire to sell his car for $26,000. According to the law of contract, this notice cannot be considered as an offer but it is merely an invitation to treat. The difference between the two is that while an offer can be accepted for creating a valid contract, if other essential elements are present, an invitation to treat is made only with a view to invite offers from the other parties (Partridge v Crittenden, 1968). Therefore in the present case, the notice is an invitation to treat. Moreover, one that had decided to accept the offer made by Dolly and he wrote a letter to Dolly in which he agreed to sell the car for $20,000 on 2:30 PM Monday. This letter was received on Wednesday at 10 AM. However later on, Connor received the note written by Eileen in which she had stressed her desire to purchase the car for $26,000. Conner immediately leaves a message on the answering machine of Dolly in which he tells Dolly to ignore the letter of acceptance received by her and calls off the deal. However the law of contract provides that once an offer has been accepted, it cannot be revoked by using a faster means of communication (Atiyah, 1990). In this regard the postal role of acceptance is also applicable to the letters of acceptance and provides that once a letter carrying the acceptance of the offer has been posted, the acceptance is complete. Advice for Dolly: the law of contract provides that once an offer has been accepted, it cannot be revoked by the party accepting the offer, by using a faster means of communication. At the same time, the law also provides that the postal rule of acceptance is also applicable in such cases. According to this rule, the acceptance of the offer is complete as soon as the letter containing the acceptance is placed in the mailbox (Beale, (ed) 2002). In this way, this rule provides an exception to the general rule which provides that the acceptance of the offer is considered to be effective only when it has been communicated to the party making the offer (Dickinson v Dodds, 1876). In the present case, Dolly saw notice on the windscreen of the car but she decided not to stop and therefore she made a phone call to Connor and said that she can give $23,000 for the car. In this way, it can be said that in return of the invitation to treat (Fisher v Bell, 1961) made by Connor, Dolly had made an offer for purchasi ng the car at $23,000. Connor did not accept the offer immediately but promised to think over it. Therefore on Monday, Connor decided to accept the offer and wrote a letter in which he had accepted the offer made by Dolly and agreed to sell the car for $23,000. The postal rule of acceptance was provided by the court for the first time in Adams v Lindsell (1818) when the court stated that generally any form of acceptance needs to be communicated expressly to the party making the offer but when the letter of acceptance has been posted, the acceptance is considered to be complete as soon as the letter of acceptance is put in the mailbox. Therefore in the present case, it can be said that Dolly has a contract with Connor for purchasing the car at a price of $23,000. Advice for Eileen: in the present case, Eileen also saw the car and she went to Connor's home. However he was not at home and Eileen met her daughter, Hetti. Therefore, Eileen gave a note to Hetti in which it was written that she will come to take the car on Monday 11.05 a.m. she also enclosed a check for $26,000 along with the note. Hetti left this note on Connor's desk by before he could see the note and the cheque, Connor decided to accept the offer made by Dolly. However in this regard, the law of contract provides that according to the general rule, the acceptance of the offer needs to be communicated to the party that has made the offer. Therefore, in this context, acceptance can be described as an unequivocal statement, whether in writing or oral or in some cases by conduct, by the offeree through which it has agreed to the offer. The law also provides that the offer can only be accepted by the person to whom it has been directed. In order to constitute a valid acceptance, the statement or the c onduct amounting to acceptance should take place in response to the offer (Benson, (ed) 2001). An obligation cannot be imposed on the other party to expressly reject or accept the offer (Felthouse v Bindley, 1862).In the present case, the notice placed by Connor on the windscreen of the car cannot be considered as an offer but it was merely an invitation to treat (Crown v Clarke, 1927). On the other hand, in the present case, Eileen could have made an offer to purchase the car in return of the invitation to treat made by Connor and it was up to Connor to accept or reject the offer made by Eileen to purchase the car at $26,000. Therefore in this case, Eileen does not have a contract with Connor. Advice for Fiona: In this case, after seeing the notice placed by Connor, Fianna decided to accept the offer and she posted a letter in which she had accepted to buy the car for $26,000. She also sent a cheque for $26,000 along with the letter. However, she did not address the letter correctly and as a result; the letter was received by Connor only on Friday. Under the circumstances, it needs to be considered if the postal acceptance rule can be applied in the present case and it can be said that the offer has been accepted by Fiona as soon as she had placed the letter carrying the acceptance of the offer in the mail box (Burrows, Finn and Todd, 2002). The law provides that when post has been condemned alleged by the parties as the means of communicating the offer and acceptance, the acceptance will be completed as soon as the letter containing the acceptance has been placed in the mailbox (Craswell and Schwartz, (eds) 1994). But in such cases it is required that the letter containing the acceptance s hould be properly addressed (Re London Northern Bank, ex p. Jones, 1900). But in the present case, Fiona had not properly addressed the letter. The effect of this situation is that it cannot be said that the acceptance of the offer one part of Fiona was complete as soon as she placed the letter in the mail box. At the same time, it also needs to be noted that in this case the notice placed by Connor cannot be treated as an offer but it was only an invitation to treat. Therefore, it can be said that in this case there is no contract between Fiona and Connor. Advice Dan whether he is entitled to compensation from Toff Dry Cleaners This issue has arisen in the present case because when Dan took his dinner suit and the silk dress of his wife to Toff dry cleaners, a firm that has been used by his family for dry cleaning in the past also. However, Dan was given a docket and as usual, a put it in his pocket without reading it. When Dan returned to collect the clothes, he was told by the firm that his dinner suit was missing and moreover the silk dress of his wife has been badly stained. The firm gave no explanation for the stained dress. However, when Dan asked for compensation for his loss, the owner of the firm pointed out towards a clause present on the docket according to which the firm was not liable for any loss or damage to the clothes that were left for cleaning. In this regard, the owner of the firm also pointed out towards a sign present at the back of the shop in which it was stated that although the firm takes all the care in dry cleaning the clothes of their customers but they cannot be held responsibl e for any loss or damage howsoever it may be caused. On the other hand, Dan claims that he had not read the clause mentioned that the back of the docket and neither did he saw the sign present at the back of the shop. Under the circumstances, it needs to be considered if Toff Dry Cleaners can rely on this exclusion clause for the purpose of excluding their liability for the damage suffered by Dan. An exclusion clause is used by one party to the contract for the purpose of limiting or excluding its liability (McDonald, 2015). The legal position in this regard that as is the case with any of the term of the contract, an exclusion clause can also be incorporated in a contract if it is present in assigned contractual document and it does not matter if the other party has not read or understood the term (McDonald, 2008). Therefore the law provides that when the parties have entered into a written contract and signed the document, the parties will be bound by all the terms of the contract regardless of the fact that one party to the contract has not read the term (Conaghan and Mansell, 1993). A leading case in this regard is that of L'Estrange v Graucob (1934). In this case, a cigarette vending machine has been purchased by the claimant that was going to be used in a caf. In this case, the claimant signed the order form and on it, it has been mentioned in small print that any express or implied condition or warranty is excluded. Therefore when the vending machine did not work properly, the claimant tried to reject the machine in accordance with the Sale of Goods Act and claimed that the machine was not of merchantable quality. However, the court stated that the defendant was protected by the exclusion clause. By signing the order form, the claimant was bound by all the terms that were present in the form regardless of the fact that the claimant had not read the form. The result was that the claim was unsuccessful. Would it make any difference if Dan had noticed the clause on the docket and the assistant had said: "That excludes liability for damage to buttons and zippers". In the present case if Dan would have noticed the presence of the exclusion clause on the docket given to him, it could have been said that such a clause is a part of the contract that was created between Dan and Toff Dry Cleaners. However, Toff Dry Cleaners will still not be able to rely on this was for the purpose of excluding their liability for the damage suffered by the silk dress of his wife and the loss of his dinner suit because in this case, it can be said that Dan had entered the contract with Toff Dry Cleaners on the basis of the misrepresentation that was made by an assistant at the shop. In this case, the assistant had told Dan that the exclusion clause mentioned on the docket only excludes the liability of the firm for any damage suffered by buttons and zippers. But in reality, the exclusion clause has been inserted by the firm for the purpose of excluding the liability of the firm for any loss or damage suffered by the clothes of the customers. In this way, it can be s aid that the assistant had made a misrepresentation and Dan had relied on such a misrepresentation by entering into a contract with the firm (Cooke, 2004). As a result, in such a case, even if the exclusion clause has been noticed by Dan and it can be considered as a part of the contract but Dan had entered the contract on the basis of the misrepresentation made by the assistant and therefore, Toff Dry Cleaners cannot rely on this clause for the purpose of excluding their liability. Assume that Dan is entitled to compensation for the loss of his dinner suit and the stained sikk dress. He now tells you that because of what has happened is wife has suffered emotional distress because the dress was a family heirloom. He also tells you that he and his wife had to hire, at considerable expense, a dinner suit and address for a formal occasion because of the loss and damage. The issue that needs to be decided in this question is related to the remoteness of damages. It has to be seen if Dan can claim compensation for the emotional distress suffered by his wife as the damaged this was a family heirloom and also for the expenses incurred by Dan and his wife for hiring clothes at a considerable expense. In order to deal with such cases, the law provides the mechanism of remoteness which places a limit on the ability of the claimant to recover damages to the damages only those were the reasonably foreseeable consequence of the act (Harlow, 2005). In this way, the law provides that the defendant cannot be held liable for the damages that are too remote. The test that can be used to decide the remoteness of damages provides that the damages suffered by the claimant will be considered as too remote if the damages were not reasonably foreseeable by the defendant (Hepple, 1997). As a result in the present case also, it can be said that Dan claim damages for the e motional distress suffered by her wife and also for the expenses incurred by him for hiring a dinner suit and a dress. References Atiyah, P.S. 1990, Essays on Contract, Oxford University Press, New York Beale, H. (ed) 2002, Cases, Materials and Text on Contract Law, Hart Publishing, Oxford Benson, P. (ed) 2001, The Theory of Contract Law: New Essays (Cambridge University Press, Cambridge Burrows, J.F., Finn, J. and Todd, S. 2002, The Law of Contract in New Zealand (2nd ed, LexisNexis NZ, Wellington Conaghan, J and Mansell, W (1993) The Wrongs of Tort , Chapter 2. Pluto Press Cooke, P J (2004) Primary victims: the end of the road? 25(1) Liverpool Law Journal 29 Craswell, R. and Schwartz, A. (eds) 1994, Foundations of Contract Law, Oxford University Press, Oxford Harlow, C (2005) Understanding Tort Law , 3rd edn, Chapter 2. Sweet Maxwell Hepple, B (1997) Negligence: the search for coherence Current Legal Problems McDonald, B. (2008). Contractual exclusions and indemnities of liability for negligence, In GJ Tolhurst, Elisabeth Peden (Eds.), Commercial Issues in Contract Law: Papers from the Commercial Law Quarterly 20th Anniversary Conference, (pp. 7-25) University of Sydney: Ross Parsons Centre of Commercial, Corporate and Taxation Law. McDonald, B. (2015) Chester v Waverley Corporation (1939) Evatt J., Great Australian Dissents Workshop: Gilbert + Tobin Centre of Public Law, Kensington, NSW: Presentation McDonald, B. (2015). Law reform, legislation and the common law, Private Law in 21st Century: TC Beirne School of Law, Brisbane, Qld Case Law Adams v Lindsell (1818) 1 B Ald 681 Crown v Clarke (1927) 40 CLR 227 Curtis v Chemical Cleaning and Dyeing Co Ltd [1951] 1KB 805 Dickinson v Dodds (1876) 2 Ch D 463 Felthouse v Bindley (1862) 142 ER 1037) Fisher v Bell [1961] 1 QB 394 L'Estrange v Graucob [1934] 2 KB 394 Partridge v Crittenden [1968] 1 WLR 1204 Re London Northern Bank, ex p. Jones [1900] 1 Ch 220