Thursday, August 27, 2020

A Historical Analysis of Ibne Sinas Life and Contributions to Modern Essay

A Historical Analysis of Ibne Sinas Life and Contributions to Modern Science - Essay Example As a physical, Avicenna is notable for his book the Canon (al-Qanun fi’l-Tibb). This book had assumed a significant job in pre-present day clinical instruction in both Europe and in Medieval Islamic Empire. Likewise Avicenna’s philosophical book â€Å"summa the Cure† (al-Shifa’) was additionally powerful in European scholasticism. It is accepted that â€Å"Summa the Cure† once vigorously impacted the renowned western rationalist Thomas Aquinas. As a thinker, Avicenna’s achievement lies in the way that he had the option to discover an interrelation between one’s confidence in God and man’s existential being. In this way, Avicenna can be thought to be the chief Islamic scholarly mastermind. The hypothetical space that he accommodates God as the Essential Being fundamentally develops the basis for his â€Å"theories of the spirit, keenness and cosmos† (Goodman 43). In fact, he effectively verbalized that God is fundamentally the establishment or birthplace of all the unmistakable and impalpable presence of this universe. Avicenna, the renowned Muslim logician and doctor, was conceived in a town named Qishlak Afshona in Uzbekistan (which was then called Bukhara) in 980 AD. His mom Setareh was a customary housewife fro Bukhara and his dad, Abdullah was an all around regarded Islamic researcher who came to Bukhara from Balkh which was a well known city of the Samanid Empire.

Saturday, August 22, 2020

The Secret of Ella and Micha Chapter 12 Free Essays

string(47) my eyes off her, I gesture my head at the garage. Micha â€Å"Dude, where the fuck is your head today?† Ethan asks and seconds after the fact an oil cloth smacks me in the face. I toss it back at him, hard. â€Å"You’re beginning to annoy me with this poo. We will compose a custom article test on The Secret of Ella and Micha Chapter 12 or on the other hand any comparable point just for you Request Now † Ethan extends his eyes exaggeratedly. â€Å"Whatever man. You’ve been so diverted for the last two days.† He sticks his head back in the engine. â€Å"And I’m not going to state why.† â€Å"Good, in light of the fact that I don’t need to hear it.† I round the rear of my vehicle and eye over the devices on the mass of the carport. I snatch a corroded tool kit, one of only a handful hardly any things my father deserted, and hurl it into the trash can. He called again at the beginning of today, asking on the replying mail for either my mother or I to get. Ethan raises his head up and eyes the trash can. â€Å"Wanna clarify what that was for?† â€Å"Nope.† I get a wrench and begin dealing with the vehicle. We chip away at it for some time, however it’s hot and I’m getting progressively annoyed at my father constantly. At last, I move back and toss the wrench down onto the solid. Ethan doesn’t pose inquiries this time. â€Å"We ought to host a gathering tonight,† I report, unfit to keep still. â€Å"A large one, similar to the one we had on graduation night.† â€Å"You truly need to remember that night?† Ethan pulls out from in the engine. â€Å"Because I’m not certain I do.† I step outside into the daylight, resolved to get my psyche off stuff. â€Å"What you can’t recall doesn’t hurt, right?† â€Å"I don’t think you need to go there.† Ethan strolls close to me and we gaze intently at the garage at an old person pushing a shopping basket. â€Å"There are a lot of times throughout my life I wish I could recall †that I’d offer anything to recollect †however I can’t. I lost like a time of my life. It’s better to remain inside the limits of a semi-clear head. In addition, this doesn’t sound like you by any stretch of the imagination. What’s up?† â€Å"Nothing’s up.† I murmur, raking my fingers through my hair. â€Å"I’m simply considering loud.† Ethan comes back to the carport and starts dealing with the motor once more. Around sophomore year, he began spending time with these children at school, who had extremely overwhelming perspectives on the world and jumped at the chance to lounge around and get high while they discussed it. Ethan by one way or another wound up being companions with them, and inside a month, he had dropped out of school and got into some entirely overwhelming poo. After a year he settled on the choice to get some assistance. He tidied up his life, cut the propensities, and worked the hellfire out of himself to get up to speed in school. He was an evaluation behind, yet figured out how to graduate with our year. Taking a gander at him, you wouldn’t surmise. The side entryway of Ella’s house swings open and Lila ventures out. She looks upset, in spite of the fact that not as terrible as she did the previous evening. She looks up the carport at the house over the road, where there’s an uproarious round of tackle football going on in the front yard. Her eyes meander to my home and afterward broaden when she sees that I’m watching her. She gives a provisional wave from the top advance. â€Å"Hey, Micha.† â€Å"What’s up?† I state with a gesture of my jawline. â€Å"Is Ella up yet?† Protecting her blue eyes from the sun, she gazes toward Ella’s window. â€Å"Yeah, she said she’d be out in a second. She’s simply conversing with her brother.† â€Å"He’s not being a dick, is he?† â€Å"I’m not certain what establishes as a sibling being a dick, since I don’t have one.† A grin breaks at her lips. I stroll toward the fence, pulling up my pants that are riding low on my hips. â€Å"There’s no hollering going on?† Lila shakes her head and meets me at the fence, culling a portion of her light hair away from her mouth. â€Å"But Ella’s a sorry yeller, is she?† I lay my arms on the highest point of the fence. â€Å"It relies upon which one we’re talking about.† Her face falls. â€Å"How would I be able to know her for eight cracking months and not know anything about her. It must say something regarding me, right?† I feel terrible for her. â€Å"I think Ella sort of made it her strategic keep what her identity was avoided you. It’s not your fault.† She eyes me over with this dubious look. â€Å"Honestly, it appears she’s that route with everybody, aside from you.† â€Å"We’ve known each other forever,† I state. â€Å"We have an agreeable relationship.† Her blue eyes twinkle with underhandedness. â€Å"One where you grope her in the car?† â€Å"It feels like you’re attempting to begin some trouble,† I state, loving the young lady considerably more. â€Å"Maybe I am.† She hangs over the fence to the side of me so she can show signs of improvement perspective within the carport. â€Å"Is that Ethan in there?† I step back so she can show signs of improvement look. â€Å"Yep, he’s dealing with the car.† â€Å"I think I’ll go give him some help.† A smile ranges over her face and she jumps over the fence, screeching as her shoe gets trapped in the wire. Making an effort not to snicker at her, I unfasten her shoe and she strolls into the carport, astonishing Ethan. The entryway to Ella’s house opens and my consideration focuses on her as she ventures out into the daylight. She’s wearing a tight, dark and purple plaid dress, and knee high trim up boots, yet her hair is nestled into. It’s like a blend of her old look and her new one. Her face is monitored as she strolls over the garage, with this abnormal look in her eyes, as she’s alarmed at this point energized simultaneously. â€Å"Did Lila come out here?† She nibbles her lip and I need to hang over and chomp it for her; taste her and feel her like I did the previous evening. Without taking my eyes off her, I gesture my head at the carport. You read The Secret of Ella and Micha Chapter 12 in class Exposition models â€Å"She’s in there with Ethan. I figure she may feel weak at the knees over him.† â€Å"I think you’re right.† She delays. â€Å"I figure I may have cracked her out somewhat, just barely.† â€Å"You mean you and Dean may have cracked her out a little?† â€Å"She disclosed to you I was conversing with Dean?† â€Å"She referenced it.† I stretch out my hand to her. â€Å"Why don’t you come over and join the gathering on this side of the fence?† â€Å"A gathering of four?† she asks, doing whatever it takes not to smile and looking as adorable as damnation. I catch her by the hip, jolt her toward me energetically, and plunge my lips to her ear. â€Å"It can be a gathering of two. Simply state the word.† She shudders from the vibe of my breath on her neck. â€Å"I think we better keep it a foursome.† I press my fingers into the bend of her hips. â€Å"I didn’t realize you loved it kinky.† She smacks my shoulder and I giggle, my father issues feeling less overwhelming. â€Å"Relax, I was simply joking, despite the fact that you’re the person who brought it up first.† â€Å"I was joking.† â€Å"I know†¦ I think I will host a get-together tonight.† â€Å"Don’t you have one of those each night?† I cockerel my eyebrow. â€Å"Besides the night you appeared, have you seen one going on?† She wrinkles her brow. â€Å"No.† She plunks down vacillating, swinging her legs over to my side. â€Å"Micha, what have you up to for the last eight months?† â€Å"Pinning for you.† I keep away from reality. That I haven’t been doing quite a bit of anything but searching for her and helping my mother deal with things. She tucks her dress underneath her legs and I get a little look at the dark silky underwear she has on. â€Å"Where do you work?† Against her dissent, I spread her legs separated and put myself between them. â€Å"I work at the shop with Ethan a great deal, however it’s not going to be until the end of time. I have plans. I’m as yet dealing with getting everything lined up.† She puts her hands on my chest, keeping me down. â€Å"I think the lines between our fellowship are getting a little blurred.† â€Å"That happened quite a while ago,† I advise her, skimming my palms up the sides of her uncovered legs. â€Å"At least for me it did.† Her jaw fixes. â€Å"It’s things like what make them foggy and things last night†¦ and things like in the car.† â€Å"There is by all accounts a great deal of things, which I think may be an indication that you and I have a place together.† Her eyes snap wide and I ease off to attempt another strategy. She needs to grin and let those focused on lips free. I squeeze her side and she screeches. â€Å"Don’t do that,† she says, keeping down a snicker. â€Å"You realize I abhor being tickled.† I munch my fingers over her opposite side and she wriggles, before falling over the fence and arriving on her back in the grass. I jump over the fence effectively as she scrambles to her feet. She limits her eyes, backing toward her secondary passage. I approach the side of her and she skitters out of my scope. She looks at the entryway and afterward at the front yard, which is nearer to her. â€Å"Micha, seriously,† she cautions. â€Å"We’re unreasonably old for this.† I spread my arms out to the side guiltlessly. â€Å"I’m not doing anything.† Her eyes flick to her home one final time and afterward shaking her head, she turns around and runs for the front yard. I give her a head start before I run off after her. At the point when I round the house, she’s up on the entryway patio, shaking t

Friday, August 21, 2020

College Essay Sample Ideas

College Essay Sample IdeasIf you are looking for college English composition essay samples, it is quite possible that you have a college project to write. You will find a lot of these college essays online and also from publishers. It is possible that you will find some very good college essays samples there, but there will be other topics as well.So if you want to get a very good college English composition essay, it will help if you consider your topic carefully. After all, there are a lot of topics for which there are college English composition essay samples. However, you will find that there are a few subjects that will be out of the question because they are very popular and have lots of themes. Here are some of the most popular topics:- Some people argue that learning about the biggest and most important things in their lives would be very important. For this reason, many people opt for a topic like 'Where do I start?' This is an excellent topic for the college essay. However, it will be out of the question if your college honors thesis is on volcanoes or something similar.- One of the best examples of good college topics is about art. If you are creative, this is an excellent topic. In fact, it is something that students will actually consider. People who are creative can also use this topic to express their feelings about certain things.- People who are interested in teaching and tutoring will find interesting ideas to express in their college composition essays. They can use the topic to make their students more aware of the problems and issues in the world today.- There are some important questions that people ask themselves every day. For example, how do I pay my bills? Many people have difficulty getting out of debt and thus look for essay topics that will help them with their current financial issues.- People often forget to include small details and facts in their simple college composition essays. They will need college essay samples that includ e details and facts that will be important to them in their lives.- If you are interested in a topic that requires little information, then you should find some college compositions on this topic. Topics like parenting and relationships, for example, can be great topics for college composition essays. When writing these college essays, you will not need to give too much detail because you will have an idea of what you are talking about.

Monday, May 25, 2020

Essay on Should Direct Democracy Be More Widely Used in...

Government and Politics Megan Barry ‘Should direct democracy be more widely used in the UK?’ Direct democracy is a form of government in which all laws are created by a general vote of society. This means that political decisions are put forward to the people as they are the ones who are going to be directly affected by the outcome of the decision. An example of direct democracy used occasionally in society is referendums. A referendum is a general vote by the electorate on a single political question which has been referred to them for a direct decision. Within this essay I am going to be arguing whether direct democracy should be used more widely by weighing up the†¦show more content†¦Another argument for direct democracy being used more widely in the UK is that it prevents the government and MPs making extremely unpopular decisions and ultimately, negatively impacting on the general public’s life. On many problems and issues it is particularly difficult for parliament to know which way to vote, additionally with many issues that require accurate public opinion and have considerable historical impact, for example, a constitutional change. Direct democracy not only evades and prevents detrimental decisions for the whole country, but it also aids the government and helps them to maintain their popularity and further circumvent an uprising or protest. An example of this in the past is the Referendum on the changing of the voting system in 2011. In the 2011 referendum it was decided by the people that this voting change was not wanted. Holding a referendum on this particularly issue prevented an unpopular decision that might have been made by the government alone. This is significant because the government’s popularity is One final argument for direct democracy in the UK is that it increases the people’s political participation and engagement in current issues. When people are given the opportunity to have their say, they are more likely to get involved in the process, thus increasing the accuracy of the judgement. A successful and fully functional democracy relies on the involvement of the general public and the people it will be directlyShow MoreRelatedThe United States Take Back Control1854 Words   |  8 PagesBrexit has caused a divide amongst the UK population, with 52 to 48 percent in favor of leaving. â€Å"Take back control† has been at the forefront of the Brexiter’s campaign, some arguing the UK Parliament had lost its power when it passed the European Communities Act of 1972. For the structure of this paper, I will start by highlighting key arguments put forward by Brexiters as they relate to Parliamentary sovereignty. Followed by a comprehensive look at Parliamentary and other types of sovereigntyRead MoreShould The Uk Parliament Have Enough Control Over Its Borders?1785 Words   |  8 PagesThere is no doubt that Brexit has caused a divide amongst the UK population, with 52 to 48 percent in favor of leaving. â€Å"Take back control† has been at the forefront of the Brexiter’s campaign. It is argued the UK Parliament has lost its power since joining the European Union (EU) in 1973. For the structure of this paper, I will start out by highlighting some key arguments put forward by Brexiters as they relate to Parliamentary sovereignty. Followed by a comprehensive look at Parliamentary andRead MoreThe Politics Of The United States1315 Words   |  6 Pagessuperpower has much in common with the United Kingdom, principally the values and institutions that render its political system democratic. That being said, the infrastructure of the system in place in the United States is vastly different from that of the UK. Trias Politica As a relatively new country less than a quarter of a millennium old, the USA operates with a codified constitution ratified in 1788. This document outlines a national framework of government. Key to this is the notion of a separationRead MoreDemocracy2597 Words   |  11 PagesTITLE : DEMOCRACY TABLE OF CONTENTS 1. Introduction of Democracy 2. Definition of Democracy 3. Types of Democracy 4. Characteristics of Democracy 5. Principles of Democracy 6. Advantages amp; Disadvantages of Democracy 7. Conclusion 8. Bibliography 1. Introduction of Democracy Democracy is the form of government in which the ruling power of a state is legally vested not in any particular class or classes but in the members of the community as a wholeRead MoreThroughout history, mankind has often ventured to spread its faith to the non-believers of the2900 Words   |  12 PagesThroughout history, mankind has often ventured to spread its faith to the non-believers of the world. In the modern world, religion has been replaced by democracy, liberalism and capitalism and the United States as â€Å"the leader of the free world† has taken it upon herself to convert the rest of the world. Historically, the United States has preferred to operate in isolation, only getting involved in North and South American affairs. This paradigm shifted after World War II, when the United StatedRead MoreHuman Rights Act1816 Words   |  8 Pagesmostly came into force on 2 October 2000.It’s aim is to â€Å"give further effect† in UK law to the right con tained in the European Convention on Human Right. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Right in Strasbourg. It also totally abolished the death penalty in UK law although this was not required by the Convention in force for the UK at that time. In particular, the Act makes it unlawful for any public bodyRead MoreHuman Rights Act1806 Words   |  8 Pagesmostly came into force on 2 October 2000.It’s aim is to â€Å"give further effect† in UK law to the right contained in the European Convention on Human Right. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Right in Strasbourg. It also totally abolished the death penalty in UK law although this was not required by the Convention in force for the UK at that time. In particular, the Act makes it unlawful for any public bodyRead MoreChapter 10 Employment Relations copy11621 Words   |  47 Pagesthe distribution of power between management and employees, the incidence and expression of conflict and the social and legislative regulatory framework within which the employment relationship exists. Employment relations is the contemporary term used to refer to what has traditionally been called ‘industrial relations’. As both an academic area of study and a set of organisational activities, industrial relations has traditionally 10-Wilton-4081-CH-10.indd 275 25/08/2010 3:15:22 PM referredRead MoreEuropean Economics Since The Single European Act2746 Words   |  11 Pagesand a common foreign and security policy . This was meant to create a ‘spill-over’ into other, weaker areas of the economy, helping all who were a part of it . The European Monetary Union (EMU) (1999) was a direct result of the Maastricht Treaty, leading the way for the Euro in 1999 . It was widely believed a common currency and shared markets would create a stronger place in the global economy, one that could potentially rival that of the United States . The proposed Eurozone demanded several criteriaRead MoreA Myriad Of Battles Make Up War Essay1994 Words   |  8 PagesA myriad of battles make up war. Physical force is used to make an opponent inept to further confrontation. War is thus an art of force to compel our enemy to do our will. In human history, the 20th century was the bloodiest, priciest century of warfare. Since 1914, there have been two world wars, and several major revolutions such as the Russia Civil War, the Vietnam War, and the Gulf War among others. According to Clausewitz, war is an inherent subset of politics where every military act has political

Friday, May 15, 2020

What Makes Your Dream Job - 1436 Words

What is your dream job? As an IT major, my dream job would be to work for an innovative company such as Verizon Communications. Verizon specializes in cell phone and internet services. The company says their mission is to â€Å"enable people and businesses to communicate with each other. [They] are also committed to providing full and open communication with our customers, employees and investors.† Verizon, which employs approximately 177,900 people, has been named one of the top 100 companies for women by Working Mother s Magazine for the past 14 years. As a woman, I feel Verizon would be a beneficial company to work at because of their generous work life policies, their inclusiveness towards women, and their opportunities for advancement. The company offers maternity leave for both a live birth or adoption.The length and pay of this maternity leave varies based on job position but it is generally longer than eight weeks and is fully paid. This is wonderful given that 3.3 wee ks at just 33% pay is the national average among American women who were even able to receive leave. Additionally, new fathers are generally allowed paternity leave so they can spend time with their newborns and distribute the childbearing burden more equally across gender lines. This generous policy must be one of the main reasons that women rate Verizon as one of the top companies to work at. Once mothers return from maternity leave, Verizon continues to offer generous benefits that help theirShow MoreRelatedWhat Makes A Dream Job?1355 Words   |  6 PagesNot sure what your dream job is? Want help figuring it out? Want to know how to get your dream job? As you can imagine, it takes more than a few interview tips and a guide on planning your life. This book gets under the skin of what you have to do to get your dream job and why some people seem to succeed so easily. There are no secret formulas or hidden truths in this book. There are just cold hard facts that you need to accept, along with realistic and actionable advice to get you from a job you hateRead MoreChapter 8 : Put It All Together For Pre Interview Questions773 Words   |  4 Pagesinterviewers are going to ask what are your strengths and weaknesses. Do not be afraid to answer this honestly, because you could turn your weakness into a strength. Tell the interviewer, â€Å"My friends sometimes complain that I am a workaholic and have no time for them.† Aside from preparing for the possible questions they will ask, make sure to do all the homework necessary about the company and then ask a series of question of your own. â€Å"Do you see me working here?† â€Å"What is the company trying to accomplishRead MoreMovie Review: JOBS797 Words   |  4 Pagesï » ¿REVIEW: â€Å"Jobs† The movie is based on the real- life story of Steve Jobs, an innovative and creative CEO of Apple company. This movie takes place in 2001 with Steve Jobs, played by Ashton Kutcher, introducing the iPod at an Apple Town Hall meeting. Then it jumps back to 1974, when Jobs attended classes in Reed College, even though he is not really a student there. Jobs were friends with Steve Wozniak, who is the actual person who built the first personal computer, Apple 1. Then the story of AppleRead MoreCareer Progression And The Career Development795 Words   |  4 Pagesquoted, yet job happiness isn’t as easily achieved. One of the reasons behind job dissatisfaction is often the lack of planning. But career progression and the ability find a job that doesn’t feel like work requires meticulous research and focus. In this guide, we’ll explain career progression and the reasons why it’s so important. We’ll provide a four-step plan to help you develop a plan that guarantees you don’t feel left behind when it comes to achieving your career goals. What is career progressionRead MoreThe Best Ways of Marketing Yourself1017 Words   |  5 Pagesways of marketing yourself Every one wants to have a successful job and to be the best in his or her life, so if you want to create your wonderful life, marketing your self is the most important thing to make it real. Marketing yourself is the great way to find success in your life and to get your dream job. Marketing yourself is program to market you step by step to find success in your dream job. People are tried to market themselves by using these program. There are a lot ofRead MoreThe Benefits Of The American Dream907 Words   |  4 Pagesfamily, education, nice house and vacationing often are all parts of the â€Å"American Dream.† The â€Å"American Dream† is about living comfortably without having to worry about where your next dinner is coming from, how you’ll make it to work the next day if your car breaks down, and how youre going to make your next house payment if you get laid off. Emotional dreams that you would be obtaining if you truly had the â€Å"American Drea m† would consist of nothing but happiness. Depending on whether youre a hot orRead MoreThe Best Ways of Marketing Yourself1030 Words   |  5 Pagesways of marketing yourself Every one wants to have a successful job and to be the best in his or her life, so if you want to create your wonderful life, marketing your self is the most important thing to make it real. Marketing yourself is the great way to find success in your life and to get your dream job. Marketing yourself is program to market you step by step to find success in your dream job. People are tried to market themselves by using these program. There are a lot ofRead MoreAnalysis Of The Article Whats Up With The American Dream 994 Words   |  4 PagesWhat does the american dream mean to you? â€Å"The American dream, to me, means having the opportunity to achieve, because I don t think you should be guaranteed anything other than opportunity† (Leny Wilkens). The Article â€Å"Whats up with the American Dream† is all about how the American Dream is changing. It s transitioning from going to school, working hard, and advancing in your career to being handed a job through the connections you have. The thesis in this article is â€Å"We go to school, studyRead MoreThe American Dream Is A Bygone Thing Essay944 Words   |  4 PagesAmerican Lit, Per.3 10 October 2016 â€Å"The American Dream is a Bygone Thing† To me the American Dream is something in the past, and it no longer applies to the present American society. The American Dream fueled our nation from the beginning. The American dream was in the mind of immigrants coming to America in search of a new and better life, a new beginning where you can start fresh and reinvent yourself and become successful. But now the Dream no longer exist in our nation, but it still existsRead MoreAmerican Dream : Resources And Competency Are Recipes For Success Essay1587 Words   |  7 PagesAmerican Dream: Resources and Competency are Recipes for Success American Dream as defined by Merriam-Webster online as â€Å"an American social ideal that stresses egalitarianism and especially material prosperity.† What is the American Dream to you? Is it having a stable and a high-paying job? How about owning a beautiful house, car, and bank account? Perhaps, your definition of the American Dream is being the founder and owner of a multi-billion dollar business empire that has businesses in every

Wednesday, May 6, 2020

The Contributions Of College Athletics - 1406 Words

College athletics have become one of America’s most lucrative businesses grossing billions of dollars off of student-athletes and competing against the entertainment giants, however, this has not always been the case. In a way, the student-athlete has become our culture’s holy man as he or she is admired for their immense feats of athleticism and skill on the gridiron or the court. To understand the miraculous story of the change of the student-athlete, an individual must first look at the origin of the term student-athlete. In the 1950s, Ray Dennison died from a blunt force cerebral trauma received while playing football in Colorado for the Fort Lewis AM Aggies. Therefore, the Dennison family filed for worker’s compensation death†¦show more content†¦As a result, student-athletes have struggled to maintain their GPA. Furthermore, the graduation rates for power five conference universities (PAC 12, BIG 10, SEC, ACC, and BIG 12) are horrendous because of the lack of time allocated for academics. For example, in 2010, the average graduation rate for March Madness, the NCAA Basketball championship tournament, teams’ was 43%, an unacceptable rate. On the other hand, the increase in hours spent per week has caused student-athletes to identify more as athletes than students (Best college online). A direct effect of the universities admitting college athletes that are not ready is students cannot complete basic general education classes. According to Mary Willingham, a learning specialist at the University of North Carolina, there were basketball players at the University of North Carolina who were illiterate. All in all, the shift of student-athletes to solely athletes is unacceptable, however, can be solved by the following: have an agency within the NCAA to keep universities accountable for rule violations that disrupt the learning of athletes, use revenue generated from the student-athletes to provide academic support to ensure learning, and/or have a third party agency keep universities accountable for rule violations. The first proposed idea that would place precedence on the student aspect of being a student-athlete isShow MoreRelatedShould College Athletes Be Paid?1340 Words   |  6 PagesFor over a century, college athletics have thrilled generations of fans; from alumni gathered in stadiums to armchair quarterbacks, the fervor of team loyalty reaches spiritual proportions. This popularity is evident from the gigantic economy college athletics have created, with the NCAA raking in nearly eleven billion dollars last year (Edelman 7). A problem overlooked in spite of this boom is the exploitation of the people who make this venture so profitable: the players. Although it has not alwaysRead MoreShould College Athletes Be Paid? Essay1519 Words   |  7 PagesOne school of thought currently cycling throughout media circles is the definition and compensation of college student-athletes. Some colleges and universities provide student-athletes with complete or partially-paid tuition expenses, lodgin g, books, and other educational incidentals while the athlete plays sports at their institution. Many advocates for fair market compensation for college athletes argue that some Division 1 athletes â€Å"labor under very strict or arduous conditions, so they reallyRead More The Need for Reform in Collegiate Sports Essay1669 Words   |  7 Pagesintercollegiate athletics is attempting to maximize educational quality and athletic excellence simultaneously. Each of which will inevitably impinge on one another. Universities claim that their athletes are amateurs who are attending college for academic achievement and play sports in their free time. This is an impossible task for anybody. Higher education has entered the arena of big business with its athletic programs and with it many problems have emerged for coaches, athletes, and the athletic systemRead MoreCollege Athletes Should Be Paid1323 Words   |  6 PagesCollege Athletes Should Be Paid College sports is a multi-billion dollar industry. Each year thousands of high school students are recruited to play college sports, but under strict conditions. Students are required to do well in athletics while keeping up with their academics. College athletes spend up to forty five hours per week on practices, training, and games. In addition, they spend roughly forty hours on their academics. The NCAA (National Collegiate Athletics Association) does not thinkRead MoreShould College Athletes Be Paid?1350 Words   |  6 Pagesamericans.With american sports gaining popularity, the growth of college sports went on the rise. In 2013, The National Collegiate Athletic Association statistically generated $912,804,046 (Alesia, 2014). With all of this income that the NCAA brought in, one has to raise the question, should college athletes be paid? Even though college athletes are student athletes, they should be paid because they are practically employees to the college without compens ation. But why should a student athlete be paidRead MoreNcaa Athletics : Management 4901282 Words   |  6 Pages NCAA Athletics Management 490 Wisam AbuKamleh November 16, 2016 â€Å" If excellence is achieved in the form of execution and performance, winning will frequently follow† Robert C Schneider NCAA is the National Collegiate Association. This organization is a non-profit. Its primary goal is to look over the well-being and strives for achievement from the athletes. Just like other organization NCAA has guidelines that the student body has to get as members. To be apart of the organizationRead Morebenefits of youth sports1111 Words   |  5 Pagesï » ¿SS Mr. Ricks Comp I October 28, 2013 The positive effects of youth sports Athletics can have a very major impact on a child’s life. Students who participate in youth athletics learn many life skills that can positively affect their lives. Athletics benefit children in physical, psychological, and social development. Studies show that youth who participate in organized sports during middle and high school do better academically and are offered greater job prospects than children who do notRead MoreCollege Athletes Should Be Paid1683 Words   |  7 PagesIn the recent past, college athletics has gained massive fame in the United States. 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Tuesday, May 5, 2020

The Commercial Law Of Malaysia For Business - Myassignmenthelp.Com

Questions: 1. It is common for vendors to put up disclaimers on the goods on sale. Whenever there is any defect found on such goods that we have recently purchased, the main issue that needs to be considered is whether it is still possible to claim any refund against such vendors. Discuss this issue. The discussion should refer to relevant provisions of the Act and decided cases. 2. While it is highly recommended for any business entity to officially appoint their agents, there are situations where such an entity bears liability for actions done by a person as an agent despite the absence of any formal appointment. Discuss. The discussion should refer to relevant provisions and decided cases. Answers: Answer 1 Introduction Business involves the exchange of goods and services between the buyer and the seller. This exchange of goods and services are governed by certain rules of law. In the Malaysian context, the sale of goods is governed by the provisions of the Sale of Goods Act, 1957 (SOGA), the Contract Act, 1950 and the Consumer Protection Act, 1999 (CPA) (Yusoff et al., 2015). The sale of goods and services is done by way of sale contracts, which are similar to the other contracts and hence, the provisions of the Contract Act, 1950 shall be applicable in the sale of goods, as long as it is not inconsistent with the Contract Act, 1950 (Halim, 2014). The consumers, who buy goods from the sellers, have certain rights and obligations as the sale of goods is basically a contract between the seller and the buyer and these rights and obligations of the consumers are protected by the Consumer protection Act, 1999 (Nayak, 2015). Therefore, during the sale of goods, provisions of all the three acts shall appl y in relation to the rights, obligations, breach and remedies of the seller and the buyer in case of sale of goods. One of the issues that may arise in case of sale of goods is whether a refund will be available to a buyer in case of any damage found after purchase, where the seller in such case has provided a disclaimer. The collaborating paragraphs will discuss this issue under the various provisions of the three Acts, relating to the sale of goods, in the Malaysian context. Discussion In the sale of goods, a common problem arises regarding the right of the buyers to claim refund in case of disclaimers for the sale of goods by vendors. A disclaimer in law generally means statements that specifies or restricts the scope of the rights, and obligations that is otherwise enforced and exercised by the parties within a legally recognized relationship (Whaley McJohn, 2016). However, in the legal context, unlike the other terms, the term disclaimer usually relates to situations that involve a level of risk, waiver or uncertainty. A disclaimer can specifically mention the terms and conditions of a contract agreed mutually or it can also specify exceptions or warnings in order to qualify a duty of care, owed to prevent the unreasonable risk of injury or harm. On the other hand, some disclaimers are proposed for limiting the causation of damages, after any harm has been sustained. In addition, some disclaimers are used as a voluntary waiver of right or obligation that is owed by the disclaimant (Armstrong et al., 2015). Disclaimers are not uniform and may differ depending on the parties and the particular context, while other sort of disclaimers may stick to a consistent and established set of formalities, which are subjected to rare or negligent modification, except under authorized authority. The presence of a disclaimer does not essentially mean or assure that the terms of disclaimer will be enforceable and recognizable in any statutory dispute. Other legal considerations may be there for rendering a disclaim er to be void either in whole or in part. A disclaimer in a contract for sale usually states that a the seller will not be responsible for any defect in the goods, after purchase and the buyer shall have no right to refund of the purchase amount (Green, 2014). Whether such refund is possible or not can be defined by interpreting the various provisions relating to disclaimer, under the three abovementioned Acts. Laws related to disclaimer In case of the sale contracts, as stated above, one of the main issues is when a seller or vendor puts up a disclaimer on the goods of sale. Disclaimer on the sale of goods means that in case of any defects found in the goods after purchase, the buyer shall not be entitled to claim a refund from the seller or vendor. The issue is whether it is still possible for the buyer to claim the refund from the vendor. In Malaysia, disclaimer and limitation of warranties clauses are more commonly referred to as exemption or exclusion clauses (Karim, 2016). The Malaysian law does not a draw a difference between the two clauses. Until the CPA, 1999 came into force, there were a very few statutory provisions for limitation of liabilities clauses. Section-29 of the Contract Act, 1950 and section-62 of the SOGA 1957 also deal with the provisions relating to the disclaimers and limitation of liability clauses in case of a contract for sale of goods (Nayak, 2015). Disclaimer and limited liability clause under the Sale of Goods Act, 1957 (SOGA) According to section- 62 of the SOGA 1957, any right, duty or liability, arising under a contract of sale, which may be implied by law, can be waived adversely or varied by an express agreement. However, such waiver must be made during the course of dealing between the parties or by usage, in the case where such usage is to bind the parties to the contract (Tehrani Manap, 2014). Therefore, according to this section, when a vendor puts up a disclaimer in the contract of sale, the buyer cannot claim any refund for any damage found in the goods after purchase, as such disclaimer is an expressed agreement according to section 62 of the SOGA. Section- 62 of the SOGA clearly recognizes the rights of the parties to change or vary the ordinary incidence of a contract by way of expressed terms for measuring the damages in case of breach of contract and also for excluding any conditions and terms that the law attaches to the contract of sale of goods (Razman, 2014). However, the SOGA also states that such expressed agreement in a contract of sale must also be signed by both the parties. If an expressed agreement term for the condition of breach is not signed, then it shall not be enforceable and will not apply. The law of disclaimer limited liability clause under the Contract Act, 1950 In Contract Act, 1950, under section- 29, a party to an agreement is restricted absolutely to exercise or enforce his rights under or in respect if any contract. The party is subjected to normal legal proceedings in the ordinary tribunals. The party must enforce such rights within the stipulated time; otherwise, such rights shall be rendered as void or invalid to that extent. This law under the Contract Act, 1950, again, clearly empowers the parties to contractually limit or exclude the liability by stating it expressly in the contract. However, as stated earlier, such express agreement shall not be enforceable if it has not been signed. However, it is still possible to limit and or exclude liability if the liability exclusion terms were incorporated in the agreement between the parties, for protection of the party, who seeks to rely on the clause (Zawawi Alias, 2016). Moreover, the person against whom the exclusion clause had been incorporated must have the knowledge of such clause. As the law provides for expressly limiting the liability under a contract, the scope of applicability of such exclusion shall is very wide and it is so wide that, if correctly worded, it can even waive the liability for negligence. In Malaysian Airlines System Bhd. V Malini Nathan and Anor.[1986] 1 MLJ 330 the passengers were confirmed and booked on a flight. The airline ticket contained a printed contract which stated that the carrier would make best efforts to carry the passengers and assured that the luggage will be dispatched accordingly. It was expressly mentioned in the contract that the time and other places shown on the timetable was not guaranteed and did not form a part of the contract. In addition, it stated that the carrier might substitute alternate carriers or aircraft and might cancel or alter the places of stopping, mentioned in the ticket. It also mentioned that the schedules were subjected to change without notice. Later, the flight was overbooked and it became impossible for the respondents to accommodate on the flight. In this case, the Supreme Court held that the respondents were not entitled to claim damages from the airlines, as the airline was not in breach of contract, as they could rely on the exclusion clause. However, the contract that involve consumers, are given statutory protection and the extent of the limitation of liability has been severely restricted by the Consumer Protection Act, 1999. Disclaimer and limited liability clause under Consumer Protection Act, 1999 In Malaysia, the Consumer Protection Act, 1999 is the most important and the main legislation that protects the consumers in Malaysia. The CPA has been influenced by legal developments in Australia, UK, Canada and New Zealand. In Malaysia, this Act safeguards the consumers from the sellers by eliminating unfair contract terms regarding exclusion clauses. Part-III of the CPA, which is a new addition to the CPA 1999 by amendment in 2010, specifically deals with the unfair terms in a consumer contract by dividing unfairness into procedural and substantive unfair. Section 24C of the Act, procedural unfairness means unfairness in the making of a contract like the failure of a party to notice a contract term during small printing at the time of signing (Latimer, 2016). On the other hand, according to section-24D (1) states that a contract is substantively unfair, if the contract terms excludes or restricts liability for negligence or liability for breach of implied or express terms of the contract without proper justification in case it involves oppressive, harsh and unconscionable terms. This new law has covered liability exclusion for both the tort of negligence and contractual obligation. According to section-24(G) of the Act, the court or Tribunal can declare a contract term to be unfair under section- 24C and 24D of the CPA to be void or unenforceable (Jackson, 2014). Moreover, the CPA 1999 faced criticism on the ground that it was not applicable for commercial contracts. But the amended Act of 2010 made it applicable to all contracts as well. In the case of Saad Marwi v Chan Hwan Hua Anor [2001] 3 CLJ 98 the judge was of the view that it was time for the courts to recognize the wider doctrine of inequality of bargaining power for doing justice. In this case, stress was given by the court on the provisions in Part-III of the CPA. In this case, it was recognized that in the presence of an expressed exclusion of liability clause in a consumer contract, it could be made void and unenforceable by the court under Section- 24(G) of the Act, by raising questions regarding the fairness of the contract terms stipulated under sections- section- 24C and 24D of the CPA. Furthermore, the Act also provides that if a contract includes expressed terms, which are unfair according to the law, it shall not be enforceable as was also determined in the given case. Conclusion Therefore, it can be stated that concerning the issue regarding the possibility to obtain refund from a vendor, in case of a sale contract, which includes a disclaimer regarding the liabilities of the contract, the Contract Act, 1950 is silent on the matter and does not provide anything specifically on this regard. The Sale of goods Act, 1957, although states a little about the exclusion clause in a contract under section-62 of the Act, it does not clearly provide any solution as to the remedy to the buyers. However, it is the Consumer Act, 1999 and its Amendment in 2010, that, by the provisions in its part III, clearly provides remedies in case of unfair disclaimer terms in a sale contract. Therefore, refund will be available to the buyer despite of the vendor putting up disclaimer, under the CPA, when the terms of such exclusion clauses are unfair. Answer 2 Introduction The assignment intends to provide an explanation to the fact that a business entity is required to appoint agents based on the formalities of official appointment. However, in certain cases it can be observed that entities are sometimes liable for the actions of any other person acting as an agent in the absence of any formal appointment. In this report the duties of various agents to its principal has been emphasized. It is noteworthy to mention here that different agents have distinct duties towards their entities however it is important that agents should be appointed formally in order to get relief under the provisions of Section 135 to 191 of the Contracts Act 1950 (Bakar, 2013). The principal is bound by the acts of an agent if the acts are performed within the authority of the principal. The acts done by the agent beyond such authority do not bind the principal unless the principal approves the unauthorized act. In this report, emphasis has been laid on the relationship betwee n agent and his principle and the acts performed by the agents in the boundary of such relationship. Discussion Creation of Agency An agency can be defined as the relation between an agent and a principal in whom the function of the agent is the creation of contracts between the principal and the third parties according to the provisions of Section 135 of the Contracts Act 1950 (Balasingam, 2017). The Part X of the Contracts Act 195 governs the provisions of the law of agency. There had been a confusion regarding the concept of agency that it is a relationship between the principal and the agent since time immemorial (Ishan Abdullah, 2015). However, agency is in fact a tri parte relationship between the agent and his principal and third party. According to the provisions of Section 136 of the Contracts Act 1950, a person under 18 years and of unsound mind can be considered as an agent however they are not liable for their acts done on behalf of their principal (Alibeigi Munir, 2016). In this regard the provisions of Section 138 of the Contract Act 1950 set out the conditions for the creation of agency. In KGN Jaya Sdn Bhd v Pan Reliance Sdn Bhd it was held that the contract of agency should not necessarily be in writing, it can be expressed or implied. An agency can be created by the express appointment by the principal and in such cases the principal shall not be liable if the agent exceeds its authority. The agent shall be liable personally to the third parties for the breach of his authority. According to Section 140 of the Contracts Act 1950, an agency can be created by both express and implied appointment (Tehrani Manap, 2014). An agency can be created by implied appointment when the principal in his own words or conduct has given the authority to a third party to act for him. In Chan Yin Tee v William Jacks and Co, it was observed that the plaintiff agreed to supply goods to the defendants believing him to be the partner of another person. The defendant in this case did not pay the payment of the goods delivered, as he did not know the commerce of business. The plaintiff sued the defendants for not providing the payment of the goods. The court in this case held the defendants to be liable as they were a part of the contract and cannot in any way repudiate from such contract. In this regard it can be stated that agency can also arise as a result of necessity when the agent has acted in good faith, when it became impossible on the part of the agent to follow the instructions of the principle and when the action of the agent was necessary to prevent the loss of the principal. In SRM Meyappa Chettiar v Lim Lian Koo it has been observed that Palaniappa Chettiar the attorney of Somasundaram Chettiar entered into an agreement with the defendant where Palaniappa Chettiar handed over a piece of land to defendant which belonged to his principal for a sum of RM 7000. However, it was seen that such sum was to be returned to the de fendant who was ratified by Somasundaram Chettiar. The Court of Appeal held that Palaniappa Chettiar was acting in his personal capacity as per the terms of the agreement. The Court held that the principle of ratification would not apply in case of this agreement held it. The extent to which entities or principal are liable for the activities of the agent According to modern jurists the acts of the agents are binding upon the principal and thereby the acts are done in such authority. However, it is important to have a knowledge regarding the nature of the authority of the agent. The extent of the authority of the agent authority has been defined in the provisions of Section 141 of the Contracts Act 1950 (Mahmood, 2013).An agents authority can be categorized into apparent authority and actual authority as depicted in the provisions of Section 141 of the Contracts Act 1950. The authority given by the principal to its agents either in writing or orally is termed as actual authority. The concept of actual authority can be explained with the help of a Malaysian case Firm of T.AR. CT. V. SV. KR where it was held by the Privy Council that an agent is authorized to be aloof from the money matters of the firm and has the implied authority to receive repayment for the benefit of the firm. In a recent case Tunku Ismail, bin Tunku Md. Jewa Anor. V. Tetuan Hisham, Sobri and Kadir the plaintiff was the authorities of an estate and was involved in the selling of a piece of land for more than one million. The respondents were the solicitors acting on behalf of the bank and the purchaser. The Court held that the burden of proof of apparent or ostensible authority lies with the plaintiffs. In this regard, the Court held that there could be only apparent authority in order to give such an undertaking and the solicitor had such authority in the ordinary course of business. It was a necessary part of the undertaking to pay the balance of the purchase price to the plaintiffs in order to complete the registration process undertaken by the defendants as solicitors representing the bank, successfully. According to section 141 of the Contract Act 1950, the concept of apparent authority can be explained. As per section 141 of the Contract Act 1950, an apparent authority may arise when the principal either expressly or impliedly permits a third party to act as an agent (Apandi Bolhil, 2016). According to the provisions of section 141 of the Contracts Act 1950 an apparent authority can also arise in cases where an agent previously had the authority to conduct on behalf of the principal without acknowledging the third party (Bakar, 2013) terminated such authority. In Graphic Lines Pte Ltd v. Chai Chee Mein Ors it was held by the Court that the respondents who were partners of the night club were bound by the acts of the assistant manager who participated in the advertisement for the nightclub along with the partners. The general manager had acknowledged the plaintiffs that such advertisements shall take place through the assistant manager. In this case, the general manger had actual authority to decide whether the assistant manager shall place the advertisements on behalf of the club; hence, the defendants were bound by such act. The Court concluded that in this case, the assistant manager had the apparent authority. Duties of the agents to counterbalance the principals liability caused by their actions For the purpose of counter-balance to the potential exposure and liability of the principal caused as a result of the actions of his agent, the agent in this regard owes certain duties to the principal in common law and equity. In this regard, it can be stated that an aged owes certain duties to the principal that could be contractual, commercial and fiduciary in nature. According to the provisions of Section 164 of the Contracts Act 1950 the agent is obligated to conduct business of the principal. However the agent is obligated not to misuse his position (Lambak Tahir, 2013). The agent has a duty to disclose the material facts to his principal in order to avoid conflict of interests in future. According to the provisions of Section 168 of the Contracts Act 1950 an agent is prohibited from making any secret profit from any third party (Alibeigi Munir, 2016). On receiving secret profit from any third party the law of land presumes it to be secret commission or an act of bribery. In such cases the principal has the opportunity to repudiate the contract if it occurs to him that such secret profit made by the principal will be disadvantageous to him. However in this regard, if the agent deals with the business n his own account then the principal do not have the authority to repudiate the contract in case of any secret commission made by the agent. The burden of proof lies on the principal and he needs to prove that relevant facts and materials had been hidden by the agent in order to gain secret profit from the principals business. The principal is entitled to recover secret profit made by the agent in the business transaction in which the agent sold the materials at a higher price, which was previously set by the principal. In case the agent passes the secret profit to a third party, the principal has the right to recover the same. In Tan Kiong Hwa v. Andrew S.H. Chongit was held by the Court that the principal is entitled to recover a sum of $ 9,000 from the agent as the agent has breached his duty. In Mahesan v. Malaysian Govt. Officers Co-operative Housing Society Ltd it was held by the Privy Council that the defendant is entitled to recover the bribe and the actual amount of loss suffered by him. Conclusion To conclude, it can be stated that an agency can be created with the help of express and implied appointment by the principal. However, in certain cases without prior appointment, an agent causes breach of his duties to the principal for which the principal becomes liable. In certain cases, the principal cannot be held liable for the activities of the agent if the agent acts in good faith and due diligence. In some cases, it can be observed that if the breach of the agents duties exceeded overtime then the principal is at the authority to repudiate the contract. 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