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Saturday, December 28, 2019
Essay about History of Slavery in America - 1731 Words
Working long hours, whipped to death, starved, and broken spirits all describe a slave. Itââ¬â¢s not something you hear every day. Itââ¬â¢s not something anyone ever wants to hear. Just because we donââ¬â¢t hear it every day doesnââ¬â¢t mean it doesnââ¬â¢t exist. I decided to do Slave Rights to remind people that there is still slavery in the world today. If people are educated about the past then they may not make the same mistakes in the future. It has been postulated that ancient civilizations would not have developed had it not been for slavery. The cost of building temples and monuments in Egypt, Greece, and Rome would have been prohibitive had it not been for slave labor. They got the slaves from lands they conquered. When I was deciding what to do forâ⬠¦show more contentâ⬠¦As on the boat, living conditions on land were poor. The slaves had to rely on the plantation owners for their every need. Many of the slaves living on plantations did not receive professional medical care. (Treatments of Slaves in the U.S.) ââ¬Å"Medical care to slaves was generally provided by other slaves or by slaveholders family members.â⬠(Treatments of Slaves in the U.S.) Many slaveholders gave the slaves a plot of land on which to build their houses. A few actually had houses already built. If the slaveholders already had the houses built, they were one room, hut-like buildings with no or little furniture. These houses had dirt floors, a leaky ceiling, and mud walls. (Treatments of Slaves in the U.S.) Some slaves were treated better than others. Some of the plantation owners were nice to their slaves. They had hard working slaves because the slaves were healthy and strong. Most plantation owners did not grasp this concept. If you were a slave that worked in the plantation houses, you almost always got better living conditions. If you were not working in the plantation houses, you were working in the fields. Working in the fields all day caused slaves to have little time to make decent food or to improve their homes and make or obtain things they needed like pots and pans. Sometimes slave owners would give the slaves fat from the meat, or cheap cornbread. If the master did not make enough money to feed the slaves, they would all starve.Show MoreRelatedThe History of Slavery in the Americas732 Words à |à 3 Pageswork very hard on plantations and in mines. In the early 17th century, European settlers in North America turned to African slaves as an inexpensive, harder labored source, much better than indentured servants (who were mostly poor Europeans). In 1619, a Dutch ship brought 20 African Americans to the British colonies of Jamestown, Virginia, Charleston, and mostly any other big cities on the cost. Slavery spread throughout the American colonies pretty fast. It is impossible to give an exact number,Read MoreSlavery Is A Very Important Topic Of America History. The1379 Words à |à 6 PagesSlavery is a very important topic of America history. The word slavery has many different definitions; however, only one, in particular, stands out. Slavery is a system under which people are kept against their will and forced into labor (Lively). In other words, slaves did not have the opportunity to make their own decisions. The working conditions were very poor; however, the more money they made, the more they could buy their way to freedo m. Slavery has impacted the world today tremendouslyRead MoreSlavery Made A Huge Impact On America s History991 Words à |à 4 PagesSlavery made a huge impact on Americaââ¬â¢s history. It has been exactly 150 years since Abraham Lincoln abolished slavery. Before that, life for any slave, man or woman, was extremely rough. They tried their best to make life easy for themselves. Some became fed up with their treatment so they overtly and covertly rebelled. Overt being the open and more dangerous of the two. Covert rebellions were more of snide comments towards their master. The life and rebellions of slaves were extremely difficultRead MoreRacism And Chattel Slavery Has A Unique History Within America2204 Words à |à 9 Pagesfounding fathers lifestyles, and what the American government was built upon, racism comes into play and has yet to leave. Although this dark history is pushed aside in whitewashed history books, and is rarely discussed when talking about the founding fathe rs actions, it is still extremely important. Racism and chattel slavery has a unique history within America, since the after effects are still lingering in laws, and within people minds who have passed down such racist ideas to their children whoRead MoreEarly History Of America By Robert Lloyd Garrison And The Struggle Against Slavery998 Words à |à 4 PagesEarly History of America It draws the global attention to the extend and the achievements of America concerning the major issues of development. However, it must be noted that the history of achievement takes its form of complexity that features the details and characters involved in the immediate past, as well as the ones who determined the current status of America. In the process, major issues like slavery, revolution and settlement served as major drawbacks that hampered development within theRead MoreSlavery: A Necessary Evil1838 Words à |à 7 PagesSlavery: A Necessary Evil ââ¬Å"The fact is, that civilization requires slaves. The Greeks were quite right there. Unless there are slaves to do the ugly, horrible, uninteresting work, culture and contemplation become almost impossible.â⬠- OSCAR WILDE, The Soul of Man Under Socialism ! The issue of slavery has been debated for hundreds, if not thousands, of years. It is of undisputed awareness that the act of enslaving another man or women is to strip them of their civil and natural liberties. It is alsoRead MoreThe Gap Between Africa And Afro America1099 Words à |à 5 Pagesand Afro-America and the gap between the living and the dead and the gap between the past and the present does not exist. It s bridged for us by our assuming responsibility for people no one s ever assumed responsibility for. Slavery may be buried within the history books in our libraries, but America itself is not free because it is still afraid of reading about slavery and shies away from the topic. Contemporary readers have a responsibility to take the leading role in remembering history of AmericanRead MoreColonial American Slavery Essay examples1458 Words à |à 6 PagesThe study of slavery in the development of early America is an extremely complex, yet vitally important part of Americ an History. There are hundreds of thousands of documents, debates, and historical studies available today. According to Ms. Goetz, the assistant professor of history at Rice University, who states, in The Southern Journal of History, that in addition to geographic and chronological diversity in the Americaââ¬â¢s, assessment of experiences of colonial slaves is extremely complex, ââ¬Å"especiallyRead MoreThe End Of Chattel Slavery Essay1648 Words à |à 7 PagesLooking back in history, you will find that slavery was always present. There are accounts of slavery in Babylon, Greece, and Rome, all occurring before the Common Era; but there was a major change during the year 1619 in the way slavery was implemented. This form of slavery was known as chattel slavery. Defined as ââ¬Å"A civil relationship in which one person has absolute power over the life, fortune, and liberty of anotherâ⬠(Legal-dictionary.com), chattel slavery targeted African slaves that were broughtRead M oreThe Challenges African Americans Faced in America963 Words à |à 4 PagesFaced In America Raymon Rice ETH125 March 11, 2012 The Challenges African Americans Faced In America African Americans had a turbulent history in the United States ever since they were brought to the country as slaves. ââ¬Å"Slavery in America began when the first African slaves were brought to the North American colony of Jamestown, Virginia, in 1619, to aid in the production of such lucrative crops as tobacco. (Slavery in America, 2012) During the 17th and 18th centuries, slavery was practiced
Friday, December 20, 2019
Overview of Humanistic Psychology Essay - 1399 Words
Humanistic Psychology is a psychological perspective that highlights the study of a person in whole. These psychologist look at human behavior not just through the eyes of the viewer, but also through the eyes of the client that has the behavior. These psychologist believe that an individuals behavior is associated to his or her intimate feelings and their self image. Humanistic psychologist accepts human beings are not just a commodity of the environment. These psychologist study human meanings, understanding, and experiences involved in growing, teaching, and learning. They highlight characteristics that are shared by all human beings, some examples are love, grief, caring, and self worth of the individual. Some of the most famousâ⬠¦show more contentâ⬠¦The first being acceptance and realism, which is where one has realistic perceptions of themselves and others and the world around them. The second characteristic is problem centering, which is where one is concerned with sol ving problems outside of themselves, such as helping other people and trying to find solutions to world problems like homelessness or feeding starving children. The third characteristic is spontaneity, which is where one is spontaneous and open in their thoughts. They are very social and interact well with others. The forth characteristic is autonomy and solitude, which is where one likes their privacy and independence. They like the company of others but enjoy focusing on themselves every now and then too. The fifth characteristic is continued freshness of appreciation, which is where one continues appreciation of the world with wonder and awe. Even simple experiences can bring pleasure and inspiration to them. The final characteristic is peak experiences, which is where one experiences a moment of intense joy and ecstasy. Maslow believes only some people reach this level of the hierarchy pyramid. Carl Rogers (1902-1987), developed the concept of the fully functioning human and use d client-centered therapy. He focused on human potential and was one of the 20th centuries most influential psychologist. Client-centered therapy focuses on the individuals ability to direct his or her ownShow MoreRelatedHumanistic Psychology Essay1421 Words à |à 6 PagesOverview: Throughout history many individuals and groups have affirmed the inherent value and dignity of human beings. They have spoken out against ideologies, beliefs and practices, which held people to be merely the means for accomplishing economic and political ends. They have reminded their contemporaries that the purpose of institutions is to serve and advance the freedom and power of their members. In Western civilization we honor the times and places, such as Classical Greece and Europe ofRead More Humanistic Psychology Essay1424 Words à |à 6 Pages Overview: Throughout history many individuals and groups have affirmed the inherent value and dignity of human beings. They have spoken out against ideologies, beliefs and practices, which held people to be merely the means for accomplishing economic and political ends. They have reminded their contemporaries that the purpose of institutions is to serve and advance the freedom and power of their members. In Western civilization we honor the times and places, such as Classical Greece and Europe ofRead MoreIntroduction to Psychology Worksheet Essay605 Words à |à 3 PagesIntroduction to Psychology Worksheet Jesus Mejia PSY/211 January 3, 2013 Draza Nikolic, Ph.D. University of Phoenix Material Introduction to Psychology Worksheet Part I: Origins of Psychology Within the discipline of psychology, there are several perspectives used to describe, predict, and explain human behavior. The major perspectives in modern psychology identified in the text are neuroscience, cognitive, behavioral, humanistic, and psychodynamic. Describe these major psychologicalRead MoreAbraham Maslow s Theory On Motivation1390 Words à |à 6 Pagespsychologists have been influential in the field of psychology but one of those that has achieved this more than most was Abraham Maslow. Abraham Maslow (April 1, 1908- June 8, 1970) was an American psychologist who is best known for his theories on motivation, his hierarchy of needs and as being one of the founding fathers of humanistic psychology (Popova, date unknown). As he is largely associated with such themes such as motivation, needs and humanistic psychology the assignment will cover these key areasRead More The Healing Process Essay1063 Words à |à 5 Pages The Healing Process This is a brief psychological overview of the healing process. The image of healing is best described by Gloria Vanderbilt in quot;A Mothers Storyquot; when she talks of breaking the invisible unbreakable glass bubble which enclosed her that kept her always anticipating loss with echoes of all past losses. She wrote, for example (Page 3),quot;Some of us are born with a sense of loss there from the beginning, and it pervades us throughout our lives. Loss, as defined, asRead MorePsychodynamic Approaches And The Psychodynamic Approach1149 Words à |à 5 PagesThe purpose of understanding and utilizing a variety of psychodynamic approaches is for the humanistic well-being, in connection with the client using a client ââ¬âcentered therapeutic approach. The reason for using a psychodynamic approach is unveiling the conscious and unconscious mind, from the clientââ¬â¢s emotional state of mind. The psychodynamic approach focuses on the beginning stages of the clients childhood years, typically analyzing events from birth breaking from six years old. The human mindRead MoreSchool of Thoughts in Psychology1604 Words à |à 7 PagesMajor Schools of Thought inà Psychology When psychology was first established as a science separate from biology and philosophy, the debate over how to describe and explain the human mind and behavior began. The first school of thought, structuralism, was advocated by the founder of the first psychology lab, Wilhelm Wundt. Almost immediately, other theories began to emerge and vie for dominance in psychology. The following are some of the major schools of thought that have influenced our knowledgeRead MoreProfile of Bill Clinton from a Psychoanalytic Perspective634 Words à |à 3 Pagesï » ¿PSYCHOLOGICAL NEEDS PROFILE BILL CLINTON Psychological Overview of the Subject William Jefferson Clinton is the former 42nd President of the United States. His professional and political life demonstrate some of the most positive aspects of his personal psychological profile, such as in relation to his hypomanic tendencies that enable furiously energetic work and productivity (Cruz, 2008). The same traits are also associated with a natural tendency toward behavioral compulsivity, which, inRead MoreDepression: Reality Theory vs. Person-Centered Theory1347 Words à |à 5 Pagesbeguiling, is simply misinterpreted by those who presume that Reality Therapy is about giving people ``a dose of reality. As a matter of fact the approach is pleasant and people-centered than what is assumed (Mason 2009). Nearly every approach to psychology considers that individuals have specific fundamental needs and, certainly, there is wide conformity on what these needs are (Wubbolding, 2000). In Reality Therapy they are classified under five headings: Power (which comprises achievement andRead MoreMulticultural Psychology Paper1094 Words à |à 5 PagesMulticultural Psychology Paper Multicultural Psychology Paper Multicultural psychology is the systematic study of all aspects of human behavior as it occurs in settings where people of different cultural backgrounds encounter each other. Multiculturalism has been considered a fourth force in the field of psychology, supplementing behaviorism, psychodynamic theories, and humanistic psychology. It explores such topics as differences in worldviews and in means of communication; the acculturation
Thursday, December 12, 2019
Database Design and Implementation
Question: Describe about the CQU shopping complex.Draw an appropriate ER diagram. Answer: 1. Entity Relationship Diagram Figure 1: ER Diagram of CQSC Complex 2. A Assumptions Business owner: The researcher identifies the information about the business owners from the background study of CQU shopping complex. Here the business owners can lease one or more shops if they fulfill the agreement criteria. Here CQSC holds three different type of information of a business owner, such as about one or more person who rent a shop, shop-premises and liability insurance. Shop-premise: According to the background study of CQSC, the researcher finds the shop premises. The shopping complex has many floors, therefore; they need to record that a shop located at which section and floor. After including the floor and section information, they need to track size of the shop, decoration cost, electricity consumption and duration of a lease agreement. Discount offered: It is obvious that every shop provides a discount or offer to attracted customers. Now the CQSC provides an advertisement as a whole complex for attracting more business owner along with customers. Here a shop provides an offer or discount on some product or service for a limited period with customer term and conditions. 2. B Showing shop premises in ER data modelling The researcher identifies that all shop premises are almost same but according to their product, they need to add more entities that are external. Now the Shop of CQSC has a unique number for record shop-premise. In the above ER-Diagram, the database designer adds a relationship between these two entities, which done by the Premise-code. Here the below figure, shows how this relation is developed. 3. All the relations Owner (Serial code, Name, Address, Contact) Shopping_Catalogues (ID_Number, ReleaseDate, ShopID, Type) Discount (Discount_ID, product_or_service_details, TC, Start_date, End_Date) advertisements (advertise_number, Product_or_service, End_date, Start_date, Discount_ID) LIABILITY_INSURANCE (LI_Code, Type, TC, Sum_assure, ShopCode) CQSC_SHOP (Serial_Number, Name, Type, Floor_level, Premise_Id, LI_Code) Shop_premise (Premise_Id, Size_in_SquarerMeter, Decoration_Cost, Section, Duration, Electricity_Consumption) 4. Column specifications Table Name Attribute name Data type key Default value Validation rule CQSC_SHOP Serial_Number Short Text Primary key CQSC Name Short Text Type Short Text Floor_level Number Between 0 and 10 Premise_Id Short Text Foreign Key PI LI_Code Short Text Foreign Key LI Bibliography Abadi, D., Boncz, P., Harizopoulos, S., Idreos, S. and Madden, S., 2013. The design and implementation of modern column-oriented database systems. Now. Aref, M., ten Cate, B., Green, T.J., Kimelfeld, B., Olteanu, D., Pasalic, E., Veldhuizen, T.L. and Washburn, G., 2015, May. Design and implementation of the LogicBlox system. In Proceedings of the 2015 ACM SIGMOD International Conference on Management of Data (pp. 1371-1382). ACM. Corbett, J.C., Dean, J., Epstein, M., Fikes, A., Frost, C., Furman, J.J., Ghemawat, S., Gubarev, A., Heiser, C., Hochschild, P. and Hsieh, W., 2013. Spanner: Googles globally distributed database. ACM Transactions on Computer Systems (TOCS), 31(3), p.8. Coronel, C. and Morris, S., 2016. Database Systems: Design, Implementation, Management. Cengage Learning. Hernandez, M.J., 2013. Database design for mere mortals: a hands-on guide to relational database design. Pearson Education. Merriam, S.B. and Tisdell, E.J., 2015. Qualitative research: A guide to design and implementation. John Wiley Sons. Nwosu, K.C., Thuraisingham, B. and Berra, P.B. eds., 2012. Multimedia Database Systems: design and implementation strategies. Springer Science Business Media. Pfaff, B., Pettit, J., Koponen, T., Jackson, E., Zhou, A., Rajahalme, J., Gross, J., Wang, A., Stringer, J., Shelar, P. and Amidon, K., 2015. The design and implementation of open vswitch. In 12th USENIX Symposium on Networked Systems Design and Implementation (NSDI 15) (pp. 117-130). Shmueli, E., Vaisenberg, R., Gudes, E. and Elovici, Y., 2014. Implementing a database encryption solution, design and implementation issues. Computers security, 44, pp.33-50. Smalheiser, N.R., Lin, C., Jia, L., Jiang, Y., Cohen, A.M., Yu, C., Davis, J.M., Adams, C.E., McDonagh, M.S. and Meng, W., 2014. Design and implementation of Metta, a metasearch engine for biomedical literature retrieval intended for systematic reviewers. Health Information Science and Systems, 2(1), pp.1-9. Zhai, H., Shi, H. and Zhai, R., 2013, October. The Design and Implementation of Database on Library Management Information System. In Applied Mechanics and Materials (Vol. 347, pp. 2533-2535). Zhang, T., Chowdhery, A., Bahl, P.V., Jamieson, K. and Banerjee, S., 2015, September. The design and implementation of a wireless video surveillance system. In Proceedings of the 21st Annual International Conference on Mobile Computing and Networking.
Wednesday, December 4, 2019
Professional Accounting Ecological Management and Restoration
Question: Discuss about the Professional Accounting for Ecological Management and Restoration. Answer: Consideration and Enforceable Agreement According to the Australian Contract Law consideration is a price that exists between promisor and promisee to enforce a promise between them. In certain cases, payment of consideration is not essential to bind a contract but as per the requirements of common law, it is important to provide considerations for enforceable agreement (Restubog et al. 2015). Further, Enforceable agreement is analyzed by the rules of offer and acceptance between the parties. In order to bind a contract it is important to set out the terms and conditions of the contract with the knowledge of the acceptance party as well as there must be communication between the two parties. The important elements of enforceable agreement are consideration, contractual capacity, intention and certainty (Broadhurst et al. 2015). In the given case, Jane is travelling overseas and offers to give her Lotus Super 7 sports car to Jack. The prevailing market value of this sports car in good condition is approximately $25,000. Jack accepted the offer but the payment or communication of consideration is not clear in the present case. As per the regulations and provisions of contract law an agreement is enforceable if there are rules of offer and acceptance as well as communication. Another important element of the enforceable agreement is consideration which may or may not be in monetary terms. However, there has to be some exchange of offer between the parties to enforce a promise for undertaking a particular act (Scollo et al. 2015). In the present case, the information about the consideration between Jane and Jack is not clear but the communication of offer and acceptance is clear between the parties. Further, the information about the market price of the car provided in the question cannot be regarded as the price of consideration. Hence, in the first case, consideration of the exchange is not present between the parties. Moreover, the agreement is enforceable between Jane and Jack since there exist proper communication and promise of offer and acceptance. In the second case, Jane offers a transaction for sale of her Lotus Super 7 sports car to Jack for a value of $25,000. The market value of the same type of car in good condition is also $25,000. Jack provides the acceptance of the offer for the sale transaction. In this case, consideration in a contract is present as a value of exchange in a promise among the parties. As the element of consideration is an essential factor to have an enforceable agreement of offer and acceptance, it is not necessary to have a monetary consideration. However, in the present case offer made my Jane for the sale of car for $25,000 has been accepted by Jack is a valid agreement. Therefore, it can be said that the consideration is present in the second situation. Additionally, for the purpose of enforceable agreement there are significant elements that should be present between the parties. First element is the rule of offer and acceptance and communication between the parties, which may be oral as well as written. In the given situation both the rules of first element are present between the parties Jane and Jack. The offer and acceptance element and an oral communication for the transaction of sale of car is also present. The second element of an enforceable agreement is consideration i.e. value of exchange for promise between promisor and promisee. In the given case, consideration of $25,000 is accepted by the promise, Jack for the agreement of sale of spots car as an exchange of promise by the promisor, Jane. Another significant element of a legally binding agreement is a capacity to enter the contract. Parties to the contract need to have the ability to enter the contract because minors, unstable or mentally challenged parties may not ha ve the adequate capacity to enter the legally enforceable contract. Other important elements of a valid contract are intention of parties to enter the contract as well as there must be certainty to complete and indentify the rights and commitment to enforce the agreement. In the last situation Jane offered the sale of her Lotus Super 7 sports car to Jack for a consideration of $2500 whereas the market value of the same in good condition is $25,000. The terms of contract were communicated and Accepted by Jack. As per the provisions of Australian Contract Act, consideration is a significant element of a valid and enforceable agreement which is an exchange value that is paid or agreed to be paid between the parties. According to the common law, a promise between the parties is enforceable if it is supported by consideration or a value of exchange. However, consideration can be in terms of money, kind or even a promise to pursue the act (Swaminathan 2016). As per the law of Australia, a consideration is giving something in return for an act or promise you received which can either be single or a joint. In case of joint promises or joint contract, consideration might flow from one of the receiver party. It means if the agreement or contract is made between the parties where one is promisor and other two parties are promisee then the consideration might flow from one promisee on behalf of the other one. Further, the law of contract does not state the mode of consideration as well as the value of consideration. For example the prevailing market price for a product that is exchanged between the parties might be different from that of actual price considered, but that difference in price falls under the criteria of consideration (Martin 2016). Similarly, in the given case, consideration of the contract for sale of sports car was agreed at $2500, which was less than the prevailing market price. However, the contracted amount is considered as consideration under the Australian Contract Act because there is a flow of promise from the promisee, Jack to the promisor, Jane in lieu of the transfer of sports car. Further, an enforceable contract is required to have some other elements other than the consideration. One of the important elements for a valid agreement is capacity to offer and accept the contract with the terms and conditions. The law of contract act states that the parties to the agreement must have the ability to implement the promise. Parties involving minors, unsound mind, mentally challenged are not eligible to enter the contract. If there is a lack of capacity or ability to make or keep the promise, then the agreement would turn void (Chih et al. 2016). Another element of a valid contract is intention of the parties to enter the contract. There must be intention to form legal bonding between the promisor and promisee to validate an agreement. This element has been considered to differentiate the agreement in commercial and social contracts. An agreement without the intention cannot be regarded as an enforceable agreement between the promisor and promisee under the provisions of Australian Contract Act (Broadhurst et al. 2015). Moreover, a valid contract should also have the elements of formalities and certainty among the parties. Although it is not mandatory to have a written contract to make it validate, a contract entered orally is also valid provided there are formalities and certainty in the contract entered. However in certain types of agreement, written documents are necessary to legally bind the agreement like agreements of marine insurance, fire insurance or any other critical and commercial contracts. Apart from that, there must be certainty to validate an agreement between the parties. Sometimes the contract may be vague or indefinite for several reasons, then such contracts are called as uncertain agreement and cannot be enforced as an agreement by the court (Martin 2016). In the given situation, the agreement between Jane and Jack incorporates all the elements of a valid contract as per the contract law of Australia. Therefore, it can be said that Jack has an enforceable agreement for the transfer of sports car from Jane at $2500. As per the provisions of Australian Contract Act, a contract is legally enforceable if it has the rules of propose and acceptance along with the terms and conditions. A propose in the contract indicates the willingness to bind the act with the other party as receiver in terms of specified conditions. On the other hand, acceptance is a willingness to agree with the terms and conditions of the offering party. Another significant element of a legal contract is consideration which should be paid or agreed to be paid by the receiver in exchange of deliver the contracted service. It may be monetary or non- monetary but it is essential to have a certain consideration for a valid contract (Chih et al. 2016). On the other hand, in case of commercial contracts it is important to have written documents to set out the terms and conditions of the legal contract. Such terms and conditions may include the nature of the service, names of the parties involved, price and consideration for delivering the contracted service and tenure of service. However, it is essential to include other terms in the contract with respect to any escalations, fluctuations in currency exchange in case the contract covers overseas transaction or any other possible fluctuations. Although these factors are not certain and cannot be evaluated with certain amount but can be analyzed with necessary speculations and provisions for certain percentage. It is important to forecast and incorporate the uncertain speculations in order to hedge the expected loss from currency fluctuations or any other reasons (Martin 2016). In the given situation, a legal contract entered between a shipbuilder and North Ocean Tankers for building a tanker by the shipbuilder. The contract agreed for considerations to be paid in US dollars but the same did not have any provisions on gain or loss from fluctuations of currency. Further, the currency of United States being devalued its currency exchange by 10% and as a result shipbuilder encountered currency loss. Accordingly he demanded further payment of US$ 3 million which was paid by the buyer reluctantly. However, the buyer did not attempt to recover the excess payment for around nine- months. The above case is a situation arising from the absence of escalation clauses as terms and conditions of an enforceable agreement. There was no provision for the recovery of losses due to currency fluctuations. However, the builder forcefully recovered the losses incurred by him which is a cause of undue influence on the contractee, North Ocean Tankers. As per the Contract Law of Australia it is an illegal act that may void the contract and parties to the contract depending on the actions by the parties (Restubog et al. 2015). Further, the provisions of the contract law of Australia states that a party who suffers the loss or damage from the agreed contract is eligible to recover such losses incurred by the party. In addition, the parties to the contract are required to present the intention and capability to enter the agreement with all the necessary terms and conditions. If the enforceable contract covers overseas transactions then it is essential to incorporate the provisions for currency fluctuations (Swaminathan 2016). The escalations may be based on the prevailing market rates, trends and economic conditions of the contracted countries. In the given situation both the parties, shipbuilder and North Ocean Tankers did not consider the provision for currency fluctuations and consequently the buyer had to bear the extra payment of $3 million. However, the provisions of the contract law specify the conditions to recover the excess payment if the same has not been occurred as per the terms and conditions of the contract. In the given situation, the buyer did not commence any action on recovering the excess payment for nine months from the date of delivery. In such circumstance, the Australian Contract Act states that the parties to the contract if suffers any losses due to absence of such provisions in the agreement, then such party can claim to recover within six months from the date of completion or delivery of contracted service, whichever is earlier (Restubog et al. 2015). Since, the buyer did not take action to recover his extra payment for nine months from the date of delivery, the buyer will not succeed in recovering the extra payment made to the seller. However, the buyer can approach to the higher authority for recovering the excess payment due to absence of provision on currency fluctuations providing the valid reasons for not taking actions till the specified time. Apart from that, the buyer has to present necessary documents and reasoning for entering a contract without incorporating specified provisions of Contract Act. As, a validate contract or agreement is required to be entered between the parties in lieu of consideration, capability, intention and formalities, a contract entered with partial terms is not valid in some cases. Hence, to make such contract valid and legal it is essential to revise the agreed terms and conditions between the parties (Restubog et al. 2015). In other words, the contract between the shipbuilder and North Ocean Tankers could be revised on acceptance of the change in provisions for the currency fluctuations gain or losses. An enforceable agreement should contain offer and acceptance of considerations, tenure of providing services, mode of providing services and other necessary fluctuations. In the given situation the contract between shipbuilder and North Ocean Tankers did not contain complete provisions of the agreement with respect to the foreign currency fluctuations and mode of recovering any such losses. Therefore, the contention of seller in recovering the devalue d loss in US currency is not valid and the buyer is eligible and will succeed in recovering the excess payment. Reference List Broadhurst, L., Driver, M., Guja, L., North, T., Vanzella, B., Fifield, G., Bruce, S., Taylor, D. and Bush, D., 2015. Seeding the futurethe issues of supply and demand in restoration in Australia.Ecological Management Restoration,16(1), pp.29-32. Chih, Y.Y., Kiazad, K., Zhou, L., Capezio, A., Li, M. and D. Restubog, S.L., 2016. Investigating Employee Turnover in the Construction Industry: A Psychological Contract Perspective.Journal of Construction Engineering and Management,142(6), p.04016006. Martin, P., 2016. Contracts: The scope of releases: A case study.LSJ: Law Society of NSW Journal,3(2), p.75. Restubog, S.L.D., Zagenczyk, T.J., Bordia, P., Bordia, S. and Chapman, G.J., 2015. If you wrong us, shall we not revenge? Moderating roles of self-control and perceived aggressive work culture in predicting responses to psychological contract breach.Journal of Management,41(4), pp.1132-1154. Scollo, M., Lindorff, K., Coomber, K., Bayly, M. and Wakefield, M., 2015. Standardised packaging and new enlarged graphic health warnings for tobacco products in Australialegislative requirements and implementation of the Tobacco Plain Packaging Act 2011 and the Competition and Consumer (Tobacco) Information Standard, 2011.Tobacco control,24(Suppl 2), pp.ii9-ii16. Swaminathan, S., 2016. The Will Theorists Mailbox: Misunderstanding the Moment of Contract Formation in the Indian Contract Act, 1872.Statute Law Review, p.hmw029.
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