Elements of a valid contract - Free Essay Example

Sample details Pages: 8 Words: 2529 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Research paper Tags: Contract Law Essay Did you like this example? Introduction (125 words) We bump into contracts almost every day. Contracts are usually being made orally e.g. boarding a train, purchasing coffee at a shop, purchase cloth at an online store. Don’t waste time! Our writers will create an original "Elements of a valid contract" essay for you Create order However occasionally written contracts are sometimes required, such as when buying a car or an apartment. A contract were created because that there is an agreement between two parties which is enforceable by law. Offer and acceptance analysis is a common methodology in contract law used to determine whether an agreement exists amongst the two parties. The others are consideration and intention to create legal relationship between parties in forming a contract. The Law of Contract in Malaysia is governed by the Contract Acts 1950. Section 2(h)1 states that an agreement enforceable by law is a contract. Elements of valid contract (375) Element Explanation Offer When a party or a person signifies his willingness to enter into a contract with another person. An offer is the starting point and the formation of a contract. When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal – Contract Act 1950. Acceptance When a person to who an offer has been made to another person and that person makes an acceptance to the offer made. The basic rule on contract acceptance is that the person who made the offer and the person who accepted the offer must correspond with each other. Consideration It is the price of the promises made. For example Ahmad sell his car for RM80k to Ali. In this case, car is the consideration of Ali and RM80k is the consideration of Ahmad. Capacity Each contracting party must have the capacity to enter into its contract. Such person must have reached the age of majority according to the Age of Majority Act 1971 and be of sound mind at the time when the contract is made. When the law limits a person for engaging the contract, the contract is voidable for incapacity. Intention Two parties which enter into a contract must have intimate relationship between them to create legal relations. If there are no intentions between both parties, then there is no intention to create the agreement. Agreements of a social or domestic nature do not contemplate legal relationship; as such they are not contracts. Free Consent A person is deemed not to freely consent to enter into a contract if he is influenced by coercion, undue influence, fraud, misrepresentation and mistake when entering into the contract. â€Å"Two or more persons are set to consent when they agree upon the same thing in the same sense† Indian Contract Act, Section 13. Certainty A contract must contain conditions which are clear in meaning and not vague or uncertain. Contracts which are vague cannot be enforce by law. The content of the contract must be clear an understandable in oral or in writings. Valid Object A contract made must be for matters which are not against the law. There are certain agreements which have been expressly declared void by the law such as illegal activities. Some invalid objects examples are unnatural events like bringing life from the death, immoral events or opposed to the public policies. First Element of Contract: Offer The first element to constitute a valid contract is offer. Some argue that ‘offer’ and ‘proposal’ have similar meanings. Some jurist indicates that the term ‘offer’ and ‘proposal’ have a slight different meaning. In fact, the word ‘proposal’ which is used in the Malaysian Contracts Act 1950 could have a broader meaning than the word ‘offer’ (Dr Adnan Trakic). The starting point in the formation and constitute of a contract is an offer or a proposal. It is an essential and important element of a contract. Without offer or a proposal, contract would not form. Agreements which are not enforceable by law are null and void. The Contracts Act 1950 is a specific Malaysian legislation which governs contracts. The term ‘offer’ has not been defined in this Act, but the term ‘proposal’ has. At first sight, it seems that the meaning of an offer and a pr oposal is the same, but linguistically, as well as from a legal point of view, a difference can be drawn between these two terms. The word ‘proposal’ has a rather general meaning compared to the word ‘offer’ which is more specific. Nevertheless, the definition of ‘proposal’ in s 2(a) of the Contracts Act 1950 implies the definition of an offer under Common law. There are two types of offer, one is unilateral and the other one is supply of information. In a unilateral contract, the party who made an offer that makes promise if other party performing a certain act, the offer is accepted when the act is performed. Unilateral case is shown in the case of Carlill v Carbolic Smoke Ball Company. In this case, Carbolic Smoke Ball Co made an advertisement that anyone who, by using their product, ie carbolic smoke balls, contracts influenza will be rewarded with $100. In fact, they deposited $1000 with Alliance Bank displaying the seriousness of their offer. Mrs Carlill used the carbolic smoke balls as prescribed and yet she caught influenza. As a result of it, she claimed the $100 reward. Carbolic Smoke Ball Co contended that there was no binding contract between the parties as their statement was addressed to the whole world, and it is impossible to have a contract with the whole world. The Court of Appeal observed that the contract cannot be concluded with the whole world, but that an offer can be made to the whole world, and the parties who come forward and accept an offer would be in a contractual relationship with the offeror. (Carlil v Carbolic Smoke Ball Company, 1892). The second type of offer is bilateral. In a bilateral contract, both parties are bound by their exchange of promises. For example, A sell car to B for RM50k and B will only buy car from A for RM50k if A sell the car with upgraded sports rim. A agreed to sell car to B for RM50k with upgraded sports rim that B requested. Second Element: Acceptance The second element to form a contract is acceptance. According to Contract Act section 2 (b), acceptance is the final expression of assent to the terms of an offer. Acceptance is a final and unqualified expression to the terms of an offer as mention in section 7 of Contract Act 1950. In an acceptance, the acceptor is agreed to the offer and its terms from the offeror, unless it is a counter-offer. In Hyde v Wrench case demonstrate that counter-offer cancels the original offer. Wrench offered to sell his farm in Luddenham to Hyde for  £1000, an offer which Hyde declined. On 6 June 1840 Wrench wrote to Hydes agent offering to sell the farm for  £1000, stating that it was the final offer and that he would not alter from it. Hyde offered  £950 in his letter by 8 June, and after examining the offer Wrench refused to accept, and informed Hyde of this on 27 June. On the 29th Hyde agreed to buy the farm for  £1000 without any additional agreement from Wrench, and after Wrench refuse d to sell the farm to him he sued for breach of contract. Under the circumstances there exists no valid binding contract between the parties for the purchase of this property. The defendant offered to sell it for  £1000, and if that had been at once unconditionally accepted there would undoubtedly have been a perfect binding contract; instead of that, the plaintiff made an offer of his own, to purchase the property for  £950, and he thereby rejected the offer previously made by the defendant. It was not afterwards competent for Hyde to revive the proposal, by tendering an acceptance of it and that; therefore, there exists no obligation of any sort between the parties (Hyde v Wrench, 1840). The acceptance must be communicated, whereby the communication of the offer is completed once the acceptances become knowledge to the offeree. The acceptance must be communicated to the offeree, that the person who made the offer. If another person accepts the offer on his behalf without hi s authorization, the acceptance is not valid. Silence cannot be construed as an acceptance. Example case Felthouse v Bindley, the offeror cannot write the words â€Å"If I Hear no more from you, it means that you have accepted the offer† (Felthouse v Bindley, 1862). Third Element: Intention Another element to form a valid contract is intention with the intent to create a legal relationship between both or more parties. In a social or domestic nature in an agreement, the law created a presumption that the agreement does not have intention to create a legal relationship. In this third element, there are two types of agreement that often used by people which is first; the social agreement. Social agreements are usually made by friends or families, without the intention being enforceable. For example children and parents, a domestic agreement, does not create a legal relationship. In the example case of Merrit v Merrit, the principle rebutted where two spouses who formed an agreement over their matrimonial home were not on good terms. Mr. Merritt and his wife jointly owned a house. Mr. Merritt left to live with another woman. They made an agreement (signed) that Mr. Merritt would pay Mrs. Merritt a  £40 monthly sum, and eventually transfer the house to her, if Mrs. Merritt kept up the monthly mortgage payments. When the mortgage was paid Mr. Merritt refused to transfer the house (Merrit v Merrit, 1970). The other type of agreement for this element is business agreements. Business agreements are treat differently than social or domestic agreement by the law. The agreement revoked if evidence is produced that there was clearly no intention to create a legally binding agreement. For example the case Carlill v Carbolic Smoke Ball Co, where the defendant made an extravagant claims in advertisement about the ability of their smoke ball in preventing influenza. The advertisement that they advertised in newspaper is that if anyone who, by using their product, ie carbolic smoke balls, contracts influenza will be rewarded with $100. In fact, they deposited $1000 with Alliance Bank displaying the seriousness of their offer. The defendant contended that the advertisement in the newspaper was â€Å"a mere puff† and was not intended to create a legal relationship with the public. However the court rejected this appeal as the bank deposit was a strong evidence that the defendant had intended a legal accountability when they issued their advertisement (Carlil v Carbolic Smoke Ball Company, 1892). Fourth Element: Consideration The fourth element in an agreement or contract is consideration. Consideration is referring the price paid in exchange or price agreed for both parties to perform an act. For an agreement to be considered as a contract, it must either be supported by consideration or be a formal contract. As stated in the Contracts Act 1950, when at the desire of promisor, the promise or any other person has done absta ined from doing, or does or obtains of doing, or promises to do or to abstain from doing something such act or abstinence or promise is called a consideration for the promise. The promisor is the person who undertaking to perform the consideration and the other hand the promisee, is the acceptance of the consideration. Considerations that have already performed is said to be executed. In this element, a mere promise into a contract that law will enforce. For examples, Amir wants to buy car from Abu for RM20k and Abu sold the price with RM20k as considered the price is justifiable. Another example, Pian agrees to sell his bike to Lin, who agrees to pay RM 1000. If Lin pays the money in return for the bike and the contract is made, then this is a present consideration. If the payment and the transfer ownership of the bike are to take place at a time after the contract is made, then the consideration is future consideration. If Lin is to purchase Pian’s bike for RM 1000 and Pian is to reply on work that Lin performed for Pian last week, then it is called past consideration. The act that of consideration is already past. Recommendation Offer and proposal should be clearly stated in the Contracts Act 1950, whereby the proposal terms should be define as it coverage is wider prospect. Although it has similarity to the terms offer, proposal should have a separate section as guidance for forming contract. Recommendation to amend the Contracts Act 1950 by adding provision(s) on standard form consumer contracts. The problem with this alternative is the general nature of the 1950 Act. It does not have specific provisions dealing with contents or the terms of a contract. A specific legislation on standard form consumer contracts with specific provisions on form and content of the said contract. This method of regulating standard form contracts is regarded as the best method for Malaysia, bearing in mind the limitations of other legislations. Improvement of communication illustrations as mention in Section 2 (4) as modern world has different type of communication example online social media. Suggest that using example of communication via Facebook whereby a promisor promise to offer a gift in return if the promise done an agreed act example click on ‘like’ at the page. The Contracts Act 1950 should have a better act on protecting the consumers. Thus while a consumer can now worry less about whether he or she may claim under a defective contract, the same might not be said for a notice, for example, one notice excluding liability for negligence when using a swimming pool or car park, for example, is not covered, which clearly limits its scope to standard form contracts, and does not mention notices. Children below the age of 16 not competent to enter into a contract of employment. This act should add as an exception as at least people of age as young as 14 years old should enter the contractual of employment. This is because some family may experience difficulties to continue their lives and children as young as 14 years are capable to work and help their families. Scholarship contracts also should amended to 16 years old from 18 years old. This is because some students who have talents may jump to universities earlier. Conclusion It can be concluded that every enforceable contract is based on a mutual agreement between the contracting parties which would not be possible to achieve without an offer and acceptance. The discussion of this paper has been limited only to one of these essential elements for the formation of contracts, ie an offer. Furthermore, in order to have a binding contract, the parties need to come to an agreement. Whether an agreement has been concluded between the parties is a difficult question which needs to be determined by the courts. Thus, the courts would apply the objective test in determining whether an agreement has been achieved on both parties. In conclusi on, our law is good enough but it doesn’t recognized a minor for enter into a contract. But with some amendment, it will benefit the minor.

Vaccinations Really Worth The Shot - 1584 Words

Vaccinations: Definitely Worth the Shot Vaccines are safer than ever and widely considered one of the greatest medical achievements of modern civilization. Childhood diseases, that were once a major problem, are now rare due to vaccinations. Immunizations are effectively changing the United States in so many ways. This includes: protecting others you care about, saving families time and money, and protecting future generations to come. Some citizens are objecting to vaccinations because of minor symptoms when they should really be looking at all the benefits they bring to us. The diseases are much worse than the potential side effects from the vaccines. People might not realize just what vaccine preventable-diseases can do. For instance, measles is fever, rash, pneumonia, brain infection and the leading cause of childhood blindness in the world. Some parents who do not want to vaccinate want to avoid anything that’s not natural for their kids. Tara Smith, associate professor of epidemiology at Kent State Univers ity, states, â€Å"If you want to do something natural, vaccination is far more natural that if your child ends up on a ventilator or needing antibiotics or if they end up with a brain infection so if you are trying to balance what’s the most natural way to take care of your child, I would say measles vaccine is pretty high up there† (Wallace, 1). In order to prevent re-occurring outbreaks, citizens must continue to get their vaccinations and make sure their childrenShow MoreRelatedSymptoms And Symptoms Of Measles Vaccination Rates1314 Words   |  6 PagesNoticing this, David Ropeik wrote his op-ed piece â€Å"Stop Fussing over Measles Vaccination Rates. Start Worrying about Flu Shots† towards the end of 2015. It is here where Ropeik offers a compelling, yet structurally flawed, argument to focus on influenza over measles. David Ropeik, a consultant in risk perception and risk communication, was a former professor at the Harvard School of Public Health, and wrote â€Å"How Risky Is It, Really? Why Our Fears Don’t Match The Facts† (â€Å"David†). Ropeik starts and endsRead MorePros and Cons to Vaccination in Children1750 Words   |  7 PagesJennifer Krahenbuhl English 102 Patricia McKeown September 1st 2014 Pros and Cons to Vaccinations in Children Almost everyone has heard of the benefits and dangers of childhood vaccines. Parents are especially eager to do what is best for their child to protect him or her. Some people have different opinions on what the best specifically entails when it comes to childhood vaccines. Vaccinations are a controversial discussion as parents question whether it should be mandatory or optional whenRead MoreShould Vaccination Be Given to Children1208 Words   |  5 Pagesnothing worse than seeing an adolescent life being taken away from a dangerous disease. 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The exposure was from a child whose parents chose to refuse the common MMR (Measles Mumps Rubella) vaccine that would have prevented the incident. â€Å"People say it’s a personal choice not to vaccinate but it’sRead MoreI Am Doing A Research Paper On The Controversy Surrounding Vaccines1440 Words   |  6 Pagesshould not get vaccinations and that they can do more harm than good, and yet there are others who believe that getting vaccinations is the only way to prevent a massive outbreak in a community. Some questions I wanted to ask and answer are; can vaccinations actually be harmful to you? Can you still get a disease that you have been vaccinated against? Do parts of the world that have access to more vaccinations have less widespr ead epidemics and outbreaks because of the vaccinations, or just becauseRead MoreChildren With Asd Produced The Same Amount Of Antigens From Vaccines1779 Words   |  8 Pagesside effects such as redness or swelling after injection (CDC, np). 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In my opinion, however, regardless of religious beliefs, vaccinations should be mandatory—unless there is a medical reason not to—because not only do vaccinations protect children from various diseases and can save their livesRead MorePuppy Mills Have Been Notorious For Keeping The Puppy Trade Industry Alive1931 Words   |  8 Pagesthese devastating cases. Another rule to be keen on is the amount of vaccinations given to the dogs involved. Many puppy mills tend to do their own vaccinations to avoid showing off the dogs that tend to be in terrible condition. It is always the cheaper option as well. However, a study on vaccinations on dogs from dog dealers shows that many dogs sent to pet stores from these dog dealers suffer from a lack of correct vaccinations. 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Entering kindergarten; 3. Entering kindergarten and 4. Any time a k-12 student changes school districts. That is, just changing schools within a district does not require the student’s parent/guardian to provide immunization records.

Fiscal and Monetary Policy and Economic Fluctuations

The global economy was relatively doing fine more than five years ago before it was hit by economic downturn or recession. During this period, the American economy was at its peak, particularly in the fourth quarter of 2007. However, this was followed by a mild recession at the beginning of 2008, which eventually turned into a severe credit crisis across the world approximately one year later. While only a few countries escaped the economic recession, virtually no country could avoid the severe bear markets in stock (Norris, 2012). Some countries like the United States experienced changes in gross domestic product and stock markets. Since it has the best record of the main developed countries, the United States was severely†¦show more content†¦The rate of inflation in the United States declined to a 4-year low in October 2013 and reached its lowest rate since October 2009. According to recent releases, the inflation rate in the United States eased to 1 percent in Octo ber 2013, which was a 0.2 percent decline from the previous month. Interest rates in the United States have continued to rise, particularly on 10-year Treasury bonds. In February this year, these rates had risen to 2.27 percent, which was an indication of approximately 10 percent loss in the price of the bond. Nonetheless, the Federal Reserve has kept the interest rate on long-term bonds to an unexpected low through its unconventional monetary policy. This implies that the main reason for the current interest rates is the unconventional monetary policy i.e. quantitative easing regarding the purchase of huge amounts of Treasury bonds and other long-term assets. On the contrary, the unemployment rate has remained extremely high at around 7.3 percent from its peak of 10 percent in October 2009. While there has been a significant decline in the current rate of unemployment as compared to five years ago, it is still relatively high. The decline in the rate of unemployment in the past five years is attributed to the addition of jobs by employers, though most of them are part-time and low-paying. This rate is also fueled by the decline in portionShow MoreRelatedEffects of Business Cycles1731 Words   |  7 Pagesfigure 1) is the periodic but irregular up-and-down movements in economic activity, measured by fluctuations in real Gross Domestic Product (GDP) and other macroeconomic variables. Samuelson and Nordhaus (1998), defined it as ‘a swing in total national input, income and employment, usually lasting for a period of 2 to 10 years, marked by widespread expansion or contraction in most sectors of the economy’. 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How will your presence enrich our community free essay sample

Last night I cried. I saw something that really bothered me. I do not know why I did not do something about it yesterday†¦but I should have. I saw her sitting there all alone. It might not bother her, but it bothers me. A whole table to herself. I wish someone would go up to her and ask her to sit by them at lunch. Jane is my friend with special needs. I saw Jane sitting at lunch all alone. I went and said hi to her, but I do not have lunch that hour (if I did I would have invited her sit at my table). I went to class and did not think much of it. And then the next day, I saw her again. All alone at her own lunch table. And then today, I saw her again†¦And guess what? All alone. Again. I went to class like I usually do, but for some reason I just kept thinking about JaneAnd what I could do. We will write a custom essay sample on How will your presence enrich our community? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page I got home from school and did my usual thing: homework, dinner, shower, and bed. But in between shower and bed, I started crying. I thought about Jane. I had to do something. I texted my friend Jenny. She shares a lunch hour with Jane. We texted for a while about how I thought someone should ask her to sit by them. Anyone could. I do not get why someone does not. After a while, Jenny said she would ask Jane to sit by her and her friends tomorrow at lunch. Tonight when I go home, I will not cry. Because tomorrow at lunch when I see Jane, she will be sitting with people†¦And not all alone.

Battle Of Shiloh Essay Example For Students

Battle Of Shiloh Essay The Battle of ShilohAfter taking Fort Donelson, Ulysses Grant had wanted to move on theConfederate base in Corinth, Mississippi, where Albert Sidney Johnston, the Confederatecommander in the West, was known to be assembling troops. Grant was ordered to delayhis advance until Union General Don Carlos Buell, who had been operating in EastTennessee, could join him. Early on April 6, 1862, Johnstons army, which had come up to the federal linesundetected, struck Grants army, which was encamped at Pittsburg Landing on theTennessee River. The Battle of Shiloh followed. Grants Federal army was not fully prepared for the thousands of screaming rebelswho burst out of the woods near Shiloh church on that early Sunday morning of April 6. We will write a custom essay on Battle Of Shiloh specifically for you for only $16.38 $13.9/page Order now They first hit the two green divisions of William Tecumseh Sherman and of Benjamin M. Prentiss. Sherman performed this day with coolness and courage. He was everywherealong his lines at Shiloh, shoring up his raw troops and inspiring them to hurl back theinitial assaults, which caused staggering losses on both sides. Sherman himself waswounded slightly and had three horses shot under him. On his left Prentisss men alsostood fast at first, while up from the rear came reinforcements form the other threedivisions, two of which had fought at Donelson. Waiting for Buells arrival at army headquarters nine miles downriver, Grant heardthe firing as he sat down to breakfast. Commandeering a dispatch boat, he steamed up toPittsburg Landing and arrived on the battlefield about 9:00. The fighting by this time hadreached a level unprecedented in the war. Johnston and Gen. Pierre Gustave T. Beauregard committed all six of their divisions early in the day. All of Grants soldiers inthe vicinity also double-timed to the front, which stretched six miles between theTennessee River on the Union left and Owl Creek on the right. Grant sent a courier tosummon Lew Wallaces division to the battlefield. But Wallace took the wrong road andhad to countermarch, arriving too late to participate in the battle on April 6. Grants fivedivisions had to do all the fighting that first day at Shiloh. Johnston went personally to the front on the Confederate right to rally exhaustedtroops by his presence. There in midafternoon he was hit in the leg by a bullet that severedan artery and caused him to bleed to death. The South would anguish the loss of Johnstonwho was one of its ablest commanders. Beauregard took command and tried to keep up the momentum of the attack. Bythis time Confederates had driven back the Union right and left two miles from theirstarting point. In the center, though, Prentiss with the remaining fragments of his divisionand parts of two others had formed a hard knot of resistance along a country road that therebels called the hornets nest. Grant had ordered Prentiss to maintain that position at allhazards. Southern commanders launched a dozen separate assaults against it. Although18,000 Confederates closed in on Prentisss 4,500 men, the uncoordinated nature of rebelattacks enabled the Yanks to repel each of them. The southerners finally pounded thehornets nest with sixty-two field guns and surrounded it with infantry. Prentisssurrendered his 2,200survivors at 5:30, an hour before sunset. Their tough andcourageous stand had bought time for Grant to post the remainder of his army along thePittsburg Landing ridge. Lew Wallaces lost division was arriving an d Buells lead brigade was crossing theriver as Beauregard decided he would not authorize a final assault in the gatheringtwilight. He sensed that his own army was disorganized and fought out. .uf5952b98ed9d4aec82f580273c34fc9c , .uf5952b98ed9d4aec82f580273c34fc9c .postImageUrl , .uf5952b98ed9d4aec82f580273c34fc9c .centered-text-area { min-height: 80px; position: relative; } .uf5952b98ed9d4aec82f580273c34fc9c , .uf5952b98ed9d4aec82f580273c34fc9c:hover , .uf5952b98ed9d4aec82f580273c34fc9c:visited , .uf5952b98ed9d4aec82f580273c34fc9c:active { border:0!important; } .uf5952b98ed9d4aec82f580273c34fc9c .clearfix:after { content: ""; display: table; clear: both; } .uf5952b98ed9d4aec82f580273c34fc9c { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uf5952b98ed9d4aec82f580273c34fc9c:active , .uf5952b98ed9d4aec82f580273c34fc9c:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uf5952b98ed9d4aec82f580273c34fc9c .centered-text-area { width: 100%; position: relative ; } .uf5952b98ed9d4aec82f580273c34fc9c .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uf5952b98ed9d4aec82f580273c34fc9c .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uf5952b98ed9d4aec82f580273c34fc9c .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uf5952b98ed9d4aec82f580273c34fc9c:hover .ctaButton { background-color: #34495E!important; } .uf5952b98ed9d4aec82f580273c34fc9c .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uf5952b98ed9d4aec82f580273c34fc9c .uf5952b98ed9d4aec82f580273c34fc9c-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uf5952b98ed9d4aec82f580273c34fc9c:after { content: ""; display: block; clear: both; } READ: Product Layouts EssayOn April 7 Buell and Grant put 25,000 fresh troops into action alongside 15,000battered survivors who had fought the first day. The number of Beauregards effectivetroops, due to casualties and straggling, now stood at about 25,000. Grant never waveredin his determination to counterattack. Across the lines Beauregard had sent a victory telegram to Richmond: After asevere battle of ten hours, thanks be to the Almighty, we gained a complete victory,driving the enemy from every position. If Beauregard had been aware of Grantsreinforcements he would not have been so confident. The Second day at Shiloh began with a surprise attack, but now the Yankees weredoing the attacking. All along the line Buells Army of the Ohio and Grants Army ofWestern Tennessee swept forward, encountering little resistance at first from thedisorganized rebels. In mid-morning the confederate line stiffened, and for hours the battleraged as hotly as on the previous day. By midafternoon the advancing Union troops had pressed the Confederates backto the point of their original attack. Not only did the Yanks have fresh troops and moremen, but also the southerners morale had suffered a blow when they realized they had notwon a victory after all. At about 2:30 Beauregard issued the order to retreat. The Uniontroops were too fought out and shot up for effective pursuit over muddy roads. Both theblue and the gray had had enough fighting. Coming at the end of a year of war, Shiloh was the first battle on a scale thatbecame commonplace during the next three years. The killed and wounded at Shiloh werenearly double the battle casualties at Manassas, Wilsons Creek, Fort Donelson, and PeaRidge combined. Gone was any romantic innocence of war. Sherman described piles ofdead soldiers mangled bodies?without heads and legs. The scenes on this field wouldhave cured anybody of war. Although victorious, Grant was accused of lackingelementary caution by some and found himself somewhat vilified in the North over theamount of Federal casualties in this battle. History Essays

“An Individual’s Interaction with Others and the World free essay sample

It is human nature to feel the incessant need to belong, whether it be to a particular group of people, culture or a country, This need can hinder or enhance an individual’s sense of belonging or not belonging. This essay will discuss this concept through the analysis of the following texts: Migrant Hostel, Feliks Skrzynecki written by Peter Skrzynecki in the Immigrant chronicle and the TWO other related texts â€Å"Skins† directed by Anthony Fabian and the documentary â€Å"Bully† directed by Lee Hirsch. All four texts explore modes of belonging, not belonging and the statement above. The first text, Migrant Hostel, is a reflective poem about Peter Skrzynecki’s experience in a migrant hostel in Parkes, Western Australia. Skrzynecki describes in intense detail the hardships, he, his family and immigrants of the 50’s experienced in migrant hostels. Similes and metaphors are used particularly throughout the poem to convey alienation, which is evident in the 3rd stanza, the author tells the reader that the boom gates at the entrance of the hostel that it â€Å"rose and fell like fingers† and â€Å"pointed in reprimand or shame†. We will write a custom essay sample on â€Å"An Individual’s Interaction with Others and the World or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This specific metaphor/simile informs the reader, through the feeling of empathy about the difficulties that migrants faced not only through the judgement and prejudice of the general public but by the other migrants, this may have not been the case if the general public realised how their judgements and prejudices affect the migrants ability to trust, to assimilate and to truly belong. Imagery throughout the poem is a key aspect pertaining to migrant hostel, imagery is shown when Skrzynecki refers to the migrants as â€Å"homing pigeons† and â€Å"birds of passage† this suggests a small sense of unity between common migrants, this helps the reader to realise that in a sense the migrants do belong through a sense of not belong and feeling alienated always overweigh the feeling of belonging and connection. The second text, Feliks Skrzynecki, This poem recounts the behaviour and the experiences Peter Skrzynecki had with his Father Feliks, The poem revealed the authors inner resentment towards his father, and his father’s ways, the poem also highlights Feliks’ resentment towards Peter and his dying need to connect with his culture and past. Imagery is used throughout the poem, imagery informs the reader of Feliks’ past times, establishes a relationship uilt on empathy and understanding between reader and Feliks and sheds light on the tense and almost tense relationship between Peter and Feliks, Stanza six tells us of a childhood memory of the author, it is made obvious that there is quite a distance between Peter and Feliks through this one statement â€Å" Happy as I have never been†, this statement reveals to the reader that Peter feels as though Feliks is to blame for his unhappiness. Hyperbole is exercised throughout the poem to highlight Peters resentment, The author exaggerates the military like chores the family repeated everyday such as; â€Å" He swept its paths ten times around the world† and â€Å"he spent years walking the perimeter† this makes it blatantly obvious that peter feels that Feliks cares about his garden more than what he does for him. These language techniques convey to the reader that if the author were to try to understand his father’s actions he may in fact feel as though he belongs. The film â€Å"skin† directed by Anthony Fabian is a film made to document the story of an African Women, Sandra Lang. Sandra Lang was born to two white parents who was born with coloured skin, this caused an argument as to which part of the clearly segregated societies that Africa lived in, the white society and the coloured society. Factual information within film is the biggest and foremost technique used, Lang’s story is told truthfully with no fear of controversy, the director conveys not only what happened to Lang but how she felt through these happenings, she felt as though she didn’t not belong with either society, her parents were white, she was coloured, she was raised as a â€Å"white† African women but was never accepted. Camera angles are used thoughout the film to convey power and equality, as Lang is a child in the film she is displayed in a panning shot to create a sense of belonging, innocence and equality because at this point there is little to none controversy about her, As Lang is an adult she is conveyed in below shots to show inequality and alienation, this is used in the scene where Lang has been shunned by the white community yet makes an appearance at the general store that her father owns, where coloured people are not permitted to be. The final text is the documentary â€Å"Bully† directed by Lee Hirsch, the documentary follows five children and their families over a course of one school year, the film confronts bullying’s worst outcomes, two families that lost their children to suicide and a mother who waits for her incarcerated daughter to be informed of her fate, her daughter was incarcerated after bringing a gun on a school bus with the attempt to warn of her bullies. The main technique used is the use of factual information through interviews with the children and families, the use of these interviews is to form an empathic connection between the interviewer, the victim and the audience, although the victim isn’t the only interviewee, the offender is also interviewed, which gives us, the audience, a chance to hear both sides of the story. The most common technique used is the use of the panning shot, which is a shot taken at the exact same level as the person who is in the shot, this shot gives the audience a sense of equality and also adds to the quality of empathy, a below shot is used whenever a â€Å"bully† is in the same room as their victim, this is to show the inequality of power between the victim and their bully. These techniques have been used to show the audience/viewer that it is not only yourself that limits you to your sense of belonging but your sense of belonging can be affected by others too. In conclusion, The four texts explore different modes of belonging, forced belonging and forced alienation. The only way that the texts could exercise these different modes is through the use of the techniques which has helped to emphasise the different belongings and how, if not you, than someone else can affect whether or not you belong.

English Language Prepositional Phrase Examples

English Language Prepositional Phrase Examples Prepositional phrases are  set phrases that are introduced by prepositions. These set phrases are also often used with specific verbs. The placement of prepositional phrases are often placed at the end of sentences. Here are some examples: He learned the play by heart.The company had to sell the property at a loss.We decided to move to New York for better or worse. Other prepositional phrases can also be placed at the beginning of sentences. From my point of view, Id say we need to change our provider.By the way, Tom told me he would come over this afternoon.From now on, lets try to talk once a week on the phone. Prepositional phrases often have opposite forms such as at most/least, at a profit/loss, for better/worse, under obligation/no obligation, etc. Its important to learn to identify prepositional phrases, as they are used to connect ideas and modify verbs. Practice prepositions by quizzing yourself. At at first: You should only jog one mile at first.at least: Peter tries to learn at least ten new words every day.at most: The bus ride will take one hour at most.at times: It can be difficult to use correct grammar at times.at any rate: At any rate, Ill give you a call next week and we can discuss the plans.at last: At last, I can finally relax a little bit this weekend!at the latest: Ill finish the report by Monday at the latest.at once: We need to leave at once.at short notice: Will you be able to come at short notice?at an advantage: Im afraid Peter is at an advantage when it comes to golf.at a disadvantage: Its true that Im at a disadvantage, but I still think I can win.at risk: Unfortunately, this tree is at risk of dying if we dont do something.at a profit/loss: He sold the stock at a profit to make up for the stocks he had sold at a loss. By by accident: The boy lost his toy by accident.by far: Practicing speaking is by far the most important thing to do.by all means: He should take some time off by all means.by heart: I learned the song by heart.by chance: We met in New York by chance.by and by: Id like to learn some French by and by.by the way: By the way, have you spoken to Alice yet?by the time: Hell be finished by the time were ready to leave.by no means: Grammar is by no means the most difficult thing about learning English.by name: I try to know all my students by name.by sight: She can play almost anything on the piano by sight.by now: He should be finished by now.by then: Ill have dinner ready by then.   For for now: Lets take care of dinner for now.for instance: For instance, you could get a job!for example: For example, use a broom to clean up.for sale: There are a number of beautiful dresses on sale.for a while: Id like to live in New Mexico for a while.for the moment: For the moment, lets focus on getting this job done.for ages: Ive known Jennifer for ages.for a change: Lets concentrate on grammar for a change.for better or worse: Peter got a new job for better or worse.   From from now on: From now on, lets do a better job.from then on: He decided to get serious from then on.from bad to worse: Unfortunately, it looks like the world is going from bad to worse.from my point of view: Hes guilty from my point of view.from what I understand: From what I understand, they will be in town next week.from personal experience: She was speaking from personal experience.   Under under age: Children under 18 are considered under age.under control: Do you have everything under control?under the impression: Jack was under the impression that it was easy.under guarantee: Our refrigerator is still under guarantee.under the influence of: Mary is obviously under the influence of her husband.under no obligation: Youll be under no obligation to purchase this.under suspicion: Tom is under suspicion of murder.under his thumb: Jack has Peter under his thumb.under discussion: A new building is under discussion.under consideration: That idea is currently under consideration.   Without without fail: He came to class without fail.without notice: Ill have to leave without notice next week.without exception: Sara gets As on her tests without exception.without someones consent: Im afraid you cant come without Peters consent.without success: She grew tomatoes without success.without warning: He might surprise you without warning.