Wednesday, March 18, 2020

The Life And Works of Aristotle

The Life And Works of Aristotle When Plato died in 347 bc, Aristotle moved to Assos, a city in Asia Minor, where a friend of his, Hermias (died 345 bc), was ruler. There he counseled Hermias and married his niece and adopted daughter, Pythias. After Hermias was captured and executed by the Persians, Aristotle went to Pella, the Macedonian capital, where he became the tutor of the king's young son Alexander, later known as Alexander the Great. In 335, when Alexander became king, Aristotle returned to Athens and established his own school, the Lyceum. Because much of the discussion in his school took place while teachers and students were walking about the Lyceum grounds, Aristotle's school came to be known as the Peripatetic ('walking' or 'strolling') school. Upon the death of Alexander in 323 bc, strong anti-Macedonian feeling developed in Athens, and Aristotle retired to a family estate in Euboea. He died there the following year.Detail of The School of Athens by Raffaello Sanzio...WorksAristotle, like Plato, made regular use of the dialogue in his earliest years at the Academy, but lacking Plato's imaginative gifts, he probably never found the form congenial. Apart from a few fragments in the works of later writers, his dialogues have been wholly lost. Aristotle also wrote some short technical notes, such as a dictionary of philosophic terms and a summary of the doctrines of Pythagoras. Of these, only a few brief excerpts have survived. Still extant, however, are Aristotle's lecture notes for carefully outlined courses treating almost every branch of knowledge and art. The texts on which Aristotle's reputation rests are largely based on these lecture notes, which were collected and arranged by later editors.Among the texts are treatises on logic, called Organon ('instrument'), because they provide the means by which positive knowledge is to be attained. His works on...

Monday, March 2, 2020

150 Million Years of Marsupial Evolution

150 Million Years of Marsupial Evolution You wouldnt know it from their relatively paltry numbers today, but marsupials (the kangaroos, koalas, wombats, etc. of Australia, as well as the opossums of the western hemisphere) have a rich evolutionary history. As far as paleontologists can tell, the distant ancestors of modern opossums diverged from the distant ancestors of modern placental mammals about 160 million years ago, during the late Jurassic period (when pretty much all mammals were the size of mice), and the first true marsupial appeared during the early Cretaceous, about 35 million years later. (See a gallery of prehistoric marsupial pictures and profiles and a list of recently extinct marsupials.) Before we go any further, its worthwhile to review what sets marsupials apart from the mainstream of mammalian evolution. The vast majority of mammals on earth today are placental: fetuses are nurtured in their mothers wombs, by means of a placenta, and theyre born in a relatively advanced state of development. Marsupials, by contrast, give birth to undeveloped, fetus-like young, which then must spend helpless months suckling milk in their mothers pouches. (Theres also a third, much smaller group of mammals, the egg-laying monotremes, typified by platypuses and echidnas.) The First Marsupials Because the mammals of the Mesozoic Era were so smalland because soft tissues dont preserve well in the fossil recordscientists cant directly examine the reproductive systems of animals from the Jurassic and Cretaceous periods. What they can do, though, is examine and compare these mammals teeth, and by that criterion, the earliest identified marsupial was Sinodelphys, from early Cretaceous Asia. The giveaway is that prehistoric marsupials possessed four pairs of molars in each of their upper and lower jaws, while placental mammals had no more than three. For tens of millions of years after Sinodelphys, the marsupial fossil record is frustratingly scattered and incomplete. We do know that early marsupials (or metatherians, as theyre sometimes called by paleontologists) spread from Asia to North and South America, and then from South America to Australia, by way of Antarctica (which was much more temperate at the end of the Mesozoic Era). By the time the evolutionary dust had cleared, by the end of the Eocene epoch, marsupials had disappeared from North America and Eurasia  but prospered in South America and Australia. The Marsupials of South America For most of the Cenozoic Era, South America was a gigantic island continent, completely separated from North America until the emergence of the Central American isthmus about three million years ago. During these eons, South Americas marsupialstechnically known as sparassodonts, and technically classified as a sister group to the true marsupialsevolved to fill every available mammalian ecological niche, in ways that uncannily mimicked the lifestyles of their placental cousins elsewhere in the world. Examples? Consider Borhyaena, a slouching, 200-pound predatory marsupial that looked and acted like an African hyena; Cladosictis, a small, sleek metatherian that resembled a slippery otter; Necrolestes, the grave robber, which behaved a bit like an anteater; and, last but not least, Thylacosmilus, the marsupial equivalent of the Saber-Tooth Tiger (and equipped with even bigger canines). Unfortunately, the opening of the Central American isthmus during the Pliocene epoch spelled the doom of these marsupials, as they were completely displaced by better-adapted placental mammals from up north. The Giant Marsupials of Australia In one respect, the marsupials of South America have long since disappearedbut in another, they continue to live on in Australia. Its likely that all of the kangaroos, wombats, and wallabies Down Under are descendants of a single marsupial species that inadvertently rafted over from Antarctica about 55 million years ago, during the early Eocene epoch. (One candidate is a distant ancestor of the Monito del Monte, or little bush monkey, a tiny, nocturnal, tree-dwelling marsupial that today lives in the bamboo forests of the southern Andes mountains.) From such unprepossessing origins, a mighty race grew. A few million years ago, Australia was home to such monstrous marsupials as Diprotodon, aka the Giant Wombat, which weighed upwards of two tons; Procoptodon, the Giant Short-Faced Kangaroo, which stood 10 feet tall and weighed twice as much as an NFL linebacker; Thylacoleo, the 200-pound marsupial lion; and the Tasmanian Tiger (genus Thylacinus), a fierce, wolf-like predator that only went extinct in the 20th century. Sadly, like most megafauna mammals worldwide, the giant marsupials of Australia, Tasmania, and New Zealand went extinct after the last Ice Age, survived by their much more petite descendants.

Friday, February 14, 2020

Investigation of variables for monitoring muscle fatigue in EMG Essay

Investigation of variables for monitoring muscle fatigue in EMG recordings - Essay Example Here the assessments are based on the analysis of signals produced during the activity of the muscle; contraction or relaxation. There are many algorithms used available for estimating the amplitude, frequency variables and conduction velocity of the surface EMG signal detected during voluntary contractions. Here the most widely accepted algorithms are studied and its advantages and drawbacks are outlined. Here the focus is made on the frequency analysis of surface EMG signal. The results obtained during the frequency analysis of surface EMG signifies the behavior of test signals based on mean and median frequency variables acquired using PSD estimation methods, namely Autoregressive and Periodogram. Here an electromyograph is record the signals generated during the electrical or neurological excitation of the muscle cells and these recorded signals are then subjected to spectral analysis. The frequency responses of the signals are considered assessments are made accordingly. â€Å" Surface EMG signals are decomposed into 32-subbands by using a cosine modulated filter bank. Both the instantaneous mean frequency (IMF) and the instantaneous amplitude (IA) are estimated from the sub bands and are used as indicators of muscle fatigue† (McGoron, et al, 2009, P. 267). Table of Contents 1. Introduction 7 1.1. Power spectral density (PSD) 7 1.2. Spectrum estimation techniques 8 1.2.1. Fast Fourier transforms 9 1.2.2. Blackman turkey approach 10 1.2.3. Autoregressive method 11 1.2.4. Auto regressive moving average model 12 1.3 EMG 13 1.4. Application of PSD in EMG 13 2. Literature on Application 14 3. Discussion 17 3.1 deterministic function 18 3.2. Stochastic function 18 3.3 induction of autoregressive approach 19 4. Results 31 4.1. Deterministic 31 4.1.1. Test signal 1 31 4.1.2 Test signal 2 37 4.2. Stochastic 46 4.2.1. Test signal 4 46 4.2.2 Test signal 5 53 4.2.3 Test signal 6 57 5. Advantages of EMG and PSD 63 5. Conclusion 64 1. Introduction: At the present era medical literature considers human muscle fatigue as a physical phenomenon that starts during the onset of a muscle contraction and develops progressively until the muscle cannot generate force, the maximum voluntary contraction (MVC) reduces during muscle fatigue. Here spectral analysis is used to examine the nature of signals recorded in the electromyograph due the electrical activity of the muscle fibers. 1.1 power spectral density (PSD): Power spectral density (PSD) is the frequency response of a random or periodic signal and indicates where power is distributed as a function of frequency. PSD is deterministic and for certain types of random signals independent of time. It shows the strength and weakness of the signals at different frequency levels. The frequency level of the signal is drawn against time to get the spectra. Waveform can be represented by a plot of amplitude versus frequency together with a plot of phase versus frequency, respectively known as the amplitude a nd phase spectra. Amplitude and phase

Sunday, February 2, 2020

MIDTERM EXAM Essay Example | Topics and Well Written Essays - 2000 words

MIDTERM EXAM - Essay Example Once the People have promised their submission to such rules and accept to be governed by these laws made by legislatures in such forms, legislature can never delegate (Rosenbloom, 2014). On the contrary, the Supreme Court has uncovered that nondelagation principle has no restriction on Congress seeking help of the coordinate branches of the government (Rosenbloom, 2014). In the  case the between Mistretta v. United States, 488 U.S. 361, 372 (1989). Elements of Intelligence Principle must accompany the delegation to coordinate branches to which the delegated unit need to conform. The standard of delegation is potential to leave the agency that regulation is delegated to with broad discretion (Rosenbloom, 2014). However, the challenge arises from the Congress delegating a power to an executive agency based on the existing checks on the agency’s discretion. An example is the caused between INS v. Chadha, 462 U.S. 919 (1983). The Supreme Court held that the Congress may not uphold a legislative veto over discretionary agency actions since it violates the Constitutional, legislative process of bicameral passage preceded by a presentment to the President. Therefore, the Congress had to follow a formal parliamentary procedure to scrutinize the discretion delegated to a particular agency. Justice Powel concurred that the ruling could be made on a narrower grounds since in case the Congress validates that a person fails to satis fy the reasons laid by the authority for permanent residence, it is deemed to have assumed a judicial role in violating the principle of separation of powers. Therefore, the concurrence by Justice Powel validates the role of the Judiciary in the determination of the agency’s discretion. Despite this validation, Chevron U.S.A, Inc., v. Natural Resource Defense Council, Inc., 467 U.S. 837 (1984) rejected and limited the role of the Judiciary in

Friday, January 24, 2020

Comparing Loss of Self in Soldiers Home, Pauls Case, and Bartleby Essa

Loss of Self in Hemingway's Soldiers Home, Cather's Paul's Case, and Melville's Bartleby the Scrivener  Ã‚     Ã‚  Ã‚   Hemingway's "Soldiers Home," Cather's "Paul's Case," and Melville's "Bartleby the Scrivener" all present a loss of self. These stories prove that there is a fine line between finding one's self and losing one's self. I believe this loss can occur at any age or station of life. This idea is seen in each story's main character. Hemingway's "Soldier's Home" depicts a young man in his early twenties after his return from World War I. The young man, Krebs, has arrived home too late. Thus, he doesn't receive the adulation of the town as the others did. This first loss was the beginning of a long inward journey for Krebs. His unwillingness, then inability, to discuss his part in the war with others immediately had an effect on Krebs. He was unable to get some form of closure, something which he direly needed. Due to the extravagant stories foretold by others, Krebs was forced to lie in order to fit in. These lies bothered Krebs. They not only went against him morally, but they also started to deteriorate his feelings about the war: "A distaste for everything that had happened to him in the war set in because of the lies he had told. All the times that had been able to make him feel cool and clear inside himself when he thought of lost their cool, valuable quality and then were lost themselves" (224). Earl Rovit explains this even further stating, "if he can't trust in truth of these experiences, he will then have lost everything" (255). These feelings that Krebs has are not unfamiliar. This situation is seen in a handful of other stories of the times, but Hemingway's story "delineates the desperate inc... ...: 189-194. Cather, Willa. "Paul's Case."The American Short Story. Volume II. Ed. Calvin Skaggs. New York: Dell, 1980:160-180. Decker, Timothy. "The Mechanization of a Scrivener." Bartleby the Scrivener by Herman Melville. URL: Hemingway, Ernest. "Soldier's Home." The American Short Story. Volume I. Ed. Calvin Skaggs. New York: Dell, 1977: 224-231. Hyzack,Greg. "The Mentally Disturbed Scrivener." Bartleby the Scrivener by Herman Melville. URL: Melville, Herman. "Bartleby the Scrivener." The Story and Its Writer. Ed. Ann Charters. Boston: St. Martin's, 1995: 513-539. Rovit, Earl. "On Ernest Hemingway and 'Soldier's Home.'" The American Short Story. Volume I. Ed. Calvin Skaggs. New York: Dell, 1977: 251-255.      

Thursday, January 16, 2020

Contemporary Developments in Psychology and Counseling Essay

Every human behavior includes in an events and activities that a human being show in his lifetime. Human’s intelligence and creativeness produced great inventions that prolong human lives and make living on this earth convenient. But at the same time human intelligence have produced life threatening inventions that can take away lives at the press of a button. In other words, men nurtures and protect his fellow human and at the same time destroys them. And so with these, we became curious. â€Å"Why do people behave the way they do?† with these problem we can now enter the world of Psychology. Psychology nowadays is universally defined as the science of scientific study of behavior and mental processes. And under this field of Psychology there are major areas which are the biopsychology, experimental psychology, developmental and personality psychology, health clinical and counseling psychology and social-industrial-organizational consumer and cross cultural psychology. And under this field we have the cognitive learning which assumes that learning results from thinking and other mental processes. Cognitive learning grew from a combination of Gestalt psychology and Behavioral Psychology. Cognitive Perspective focuses on how a person knows, understands and thinks about his or her environment. The Development of Cognitive Learning was according to the theory of Jean Piaget a Swiss Psychologist. He states that mental development undergoes different stages from birth until adolescence when a person acquired most of the cognitive functions. Some scientist also made their studies about the so-called Cognitive learning. Like Edward Tolman and Wolfgang Kohler. According to Tolman all organisms are capable of thinking. He believes that organisms takes in the information and use it to adapt to its environment. While Kohler experiment on insight of learning. He suggested that cognitive processes play an important role in learning. Insights are formed suddenly and transferred immediately to other similar problems. There are two steps in the process of cognitive interpretation in emotions. The interpretation of stimuli from the environment The interpretation of stimuli from the body to autonomic arousal As the first method says it means that individuals are not affected by the events but by the interpretation of the individuals on these situations. While the second method means the interpretation of within the body stimuli resulting to autonomic arousal. Another thing, Psychologists categorizes the diverse fields of Psychology under different models, approaches and perspectives. And these are seven perspectives; these are the evolutionary perspective, psychodynamic perspective, behavioral perspective, cognitive perspective, humanistic perspective, biological perspective or neurobiological perspective and neuropsychological perspective. These perspectives help Psychologists to organize their scientific findings to connect them to theories as they seek for further research. References Gines, Adelaida C. General Psychology. Philippines: REX Bookstore, Inc.,2003      

Wednesday, January 8, 2020

Introduction to Contract Law - Free Essay Example

Sample details Pages: 10 Words: 2887 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Research paper Level High school Tags: Contract Law Essay Did you like this example? CONTRACT: A contract is a legal binding between two companies, businesses or parties that unites them in an agreement which is protected by law. A contract between the parties can be created verbally, in writing, by conduct or by all these means. And this contract becomes a valid contract if it has all the essential elements described as follows: It is important to mention that contract is enforceable only if all these elements are present in the contract. Don’t waste time! Our writers will create an original "Introduction to Contract Law" essay for you Create order ESSENTIALS ELEMENTS OF A BUSINESS CONTRACT AND THEIR IMPORTANCE: i). Offer and acceptance: Offer is the starting point of the contract. In order to create contract there must be a definite and well-defined offer by one party (which will show willingness of the offeror for an action) and clear acceptance of the same by the other party. While making an offer the offering party may specify the time limit for validity of the offer but even if ità ¢Ã¢â€š ¬Ã¢â€ž ¢snot specified, the offer will be valid for a logical time period, until accepted or cancelled by the offering party. The acceptance of the offer and that means full acceptance to what is being offered not partial (partial acceptance is a counter-offer, which invalidates the contract), validates the offer to transform it into a contract. Though all the elements must be present to create a contract, but offer and acceptance make the basis of the contract or it actually lays the foundation of the legal agreement between the parties. ii). Intention to create legal relationship: A contract requires that the parties aim/propose to enter into a legally binding agreement: i.e; the parties entering into the contract are willing to create legal relations and fully understand that the agreement can be enforced by law. If a contract has been signed between two parties, then one party will be able to sue the other if it does not fulfill the contractual provisions. iii). Competency or ability to get into a contract: The law does not give everyone the liberty to enter into a contract; rather certain specific qualifications are prescribed to achieve the competency to get into a contract. To be legally competent to enter into contract one must be of the age of majority (should not be minor), having sound mind and has not been disqualified by any law. iv). Free consent: Free consent is an essential element of a valid contract. It is inborn for any agreement that all the parties must agree to a common g oal. To create a valid contract, mere consent is not enough, rather the consent must be free consent according to law: A free consent is not caused by, coercion, undue influence, fraud, misrepresentation and mistake. v). Lawful Consideration: In order for a contract to be binding it must be held up by valuable consideration. Consideration is what each party gives to the other as the agreed price for the others promises. Usually the consideration is the payment of money but it need not be; it can be anything of value including the promise not to do something, or to refrain from exercising some right. Money, goods and services are the most common examples of consideration. vi). Lawful Object: The object of an agreement must be valid. Object is the purpose or design of the contract. For example, if a building is hired to setup a business, say private hostel, the object of the contract is to run a private hostel. vii). Possibility of performance: If the agreement is about ac ac tion which is legally, physically or practically impossible, then it cannot be enforced by law. So if an agreement fails to satisfy the legal requirements, it cannot turn into a contract, rather a void agreement. viii). Not declared void or illegal: The agreement though satisfying all the conditions for a valid contract must not have been expressly declared void by any law in force, in the country. TASK-1(b) IMPACT OF DIFFERENT TYPES OF CONTRACT: 1). Unilateral Contract: In a unilateral contract the offering party makes a promise in return of specific act by the accepting party. For example a sum of money may be offered by the offeror in return of provision of information by the other. If the offeree gives acceptance, then this act is enough to get the parties into legal binding or contract. This contract is also termed as a one-sided contract wherein only one party (offeror) assumes the obligation under the contract. 2). Bilateral Contract: In bilateral contracts bot h the parties make promises: the offeror promises to do an act in return of the promises of the acceptor. For example; sale of goods or services. In bilateral contract, both the parties are bound to fulfill the terms of the agreement. 3). Speciality Contract: It is a formal contract, used in various business transactions; such as: lease of property and in partnership deeds. In this, both the parties sign a written contract as a documentary proof of the contract and both must retain the copy of the contract. 4). Standard Contract: When two companies enter into an agreement to do business together, the agreement is sealed and documented to form a standard contract. For example; two insurance companies can get into an agreement; they would be legally bound and can sue each other in case of breach of contract. 5). Verbal Contract: It is based on verbal communication of the contracting parties but it is not documented or there is no formal evidence of the contract. So these con tracts may give rise to disputes and cannot be challenged legally, in absence of evidence. 6). Written Contract: In written contract, the terms are clearly expressed and agreed upon by the contracting parties, at the time of contract formation. The written contract is signed by both the parties as documentary evidence for the legal binding. 7). Implied Contracts: As the name implies, the terms in this contract may not be clearly expressed in words but it comprises of the obligations arising from the agreement. For this contract there is an act or conduct of a party that legally binds them and court implies the contract depending on the nature of the conduct. This may be implied in case of renewal of contracts between two contracting parties. 8). Simple Contract: The contracts must be kept in written form so that both the parties fully understand the terms of the contract, which may give them a legal protection in case of breach of the contract or damages caused by the contr acting party. It might be in written or verbal form. 9). Void Contract: It is not a valid contract at all. It has no legal effect and it is not enforceable. An example is the one where the subject of the contract is illegal. 10). Valid Contract: A valid contract contains all essential elements of a contract, thus is legally binding and enforceable (as explained in detail). TASK-1(c) Meaning and effect of different types of terms in a contract. Terms are the promises the parties make to one another as part of the contract. The terms therefore determine the rights and obligations of each party to the agreement. Express terms. These are promises specifically made by either of the parties at the time of the contract and it becomes part of the contract. Implied terms: Implied terms are promises which are not specifically agreed by the parties, they may not even have been mentioned or considered, but which are nonetheless presumed to be part of the contract. Terms may come to be implied into contracts, either by Parliament under a statute or by the courts. It is well established that a contract may be subjected to terms that are sanctioned by the custom, whether commercial or otherwise, they have not been expressly mentioned by the parties. . 3. Conditions and Warranties: Contract terms have either been classified as à ¢Ã¢â€š ¬Ã‹Å"conditionsà ¢Ã¢â€š ¬Ã¢â€ž ¢ or à ¢Ã¢â€š ¬Ã‹Å"warrantiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ for the purpose of deciding what remedy is available to the à ¢Ã¢â€š ¬Ã‹Å"innocentà ¢Ã¢â€š ¬Ã¢â€ž ¢ party in the case of a breach. 4. In nominate (intermediate) Terms: According to this approach, the à ¢Ã¢â€š ¬Ã‹Å"innocentà ¢Ã¢â€š ¬Ã¢â€ž ¢ party will only be able to terminate the contract if the effect of the breach was to deprive him of substantially the whole benefit of the contract. 5. Exclusion clauses: Many contracts include a term by which one party seeks to limit financial claims against it in the event of loss or damage to the other party, or to exclude itself from legal liability altogether. Exclusion clauses ar e subject to control by both the courts and statute, to prevent abuses. TASK-2 Barker and Clive Solicitors Clegdon January 25, 2015 Carl Smith Training Officer Addressà ¢Ã¢â€š ¬Ã‚ ¦. Subject: Legal issues and laws involved in online purchase of goods. Dear Carl, Hope that this letter finds you in good spirit. I am writing to you in response to your letter wherein you have inquired about the legal issues involved in online purchase of a set of DVDs on Team-building training. I have studied your matter and want to inform that Under the Consumer Contracts Regulations your right to cancel an order starts the moment you place your order and doesnt end until 14 days from the day you receive your goods.Once the contract is cancelled, any credit agreements entered into at the time of the contract are cancelled as well. A number of laws give consumers a legal right to cancel contracts in specific transactions within a short time after the consumer signs the contract, and without giving the seller or other party a reason or having to show legal cause. In order to cancel, the buyer must sign and date the cancellation notice, which must state that the buyer is canceling the contract. The buyer should send the notice to the seller by certified mail, return receipt requested, at the address that the seller has given in the sale documents. The buyer should keep a copy of the notice for his or her own records, and to be able to prove that the notice was given and what was said. Since you e-mailed Classic Training to cancel the order in less than an hour, then your order may be cancelled by virtue of law. Direct Training invited you with their advertisement showing the price  £75 for the DVD set. Law considers the price tag as an invitation for you to make an offer to purchase the item at that price. The offer was clear, definite and explicit and there was nothing to negotiate, then your acceptance completed the contract on the te rms specified by Direct Training at the time you placed the order. However, if the price advertised on the website turns out to be incorrect, then they do not have a legal commitment to complete the sale: By law an advertised price is not a contract of sale, so the seller can refuse to complete the transaction if the price has changed, in likelihood that advertised price was not deliberately misleading. If there is an obvious error in a price displayed, the supplier will not be bound by that price if the supplier corrects the error and informs the consumer of the correct price before the sale is concluded. The supplier is not obliged to sell the goods to the consumer at the patently incorrect price. Since Direct Training corrected the error and informed you via e-mail, they are not bound by law to sale the DVD set on the erroneous price. So, its better not to expect any favor as it is unlikely that any action will result in compensation; especially as technically the product was not sold. After having discussed the legal issues in detail, it would be more practical and advisable if you let the order completed with Classical training instead of direct training. It would at least save  £10 to the company. Hope that the letter has addressed the right legal concerns. Sincerely, TASK-3 Barker and Clive Solicitors Clegdon January 25, 2015 Dear Lan Page, I am writing you with reference a letter from an apprenticeà ¢Ã¢â€š ¬Ã¢â€ž ¢s mother. Asadà ¢Ã¢â€š ¬Ã¢â€ž ¢s mother wrote about the details of the apprenticeship they entered with Mr.Abdul Bashir. The apprenticeship signed between Mr. Abdul Bashir and asad legally binds them into contract for a period of three years. As per law, the training contract legally binds Asad and Abdul Bashir for the term of the apprenticeship (3 years). The standardized contract terms define the obligations of apprentice. Moreover, if Mr. Abdul Bashir is offering apprenticeships for quite some time n ow, it must have also been signed/approved by a regulatory body, by approving the given terms and conditions. As long as everything within the contract is agreed upon and signed and dated by both parties, it is legally binding. 2). When two companies enter into an agreement to do business together, the agreement is sealed and documented to form a standard contract. The prominent advantage is that minimum risks are involved and reduce legal costs. The standard contracts also provide greater certainty regarding the contract terms, providing clear legal specification and protection to both the parties. It saves time and costs by leaving little room for negotiations. The main disadvantage of the standardized contract is the Boilerplate. It is what has been deliberately missed out of the contract. So, winning a dispute would not bring any advantage if the person issuing the contract has deleted the part that says the loser in litigation will pay the winners attorney fees. Another p roblem with boilerplate is the section that says disputes will be resolved by arbitration instead of a lawsuit. Price fixing is another disadvantage of standardization of contract: prices are made part of the standardization. Language problem is a major disadvantage. Use of some words may change a simple proposal to an obligation. Just as specified in Clause (a) of the standardized contract Asad signed in apprenticeship. The standardized contract inherently favours the issuing party. Like it favous Mr. Abdul Bashir being the employer and issuer of apprenticeship terms. Would be waiting for your take on the same. Regards. à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦.. TASK-4 Barker and Clive Solicitors Clegdon January 25, 2015 Hotsafe Ltd. Vicarious liability occurs in case of breach of any term or part of the contract by an employee acting on behalf of the company; thus the owner of the company will be held liable. Same rule applies in the case of various contracts and business dealings. As per definition of Winfield, Liability arises from the breach of the duty, as fixed by law. Thus indirect responsibility lies on Hotsafe Ltd as a result of inability to carry out the service by one of the employee of the company; the breach of the duty calls for compensation of unliquidated damages. Legal liability in this case arises as a result of breach of contract that you have entered into with Garside. The damages occurred to Garside are the result of negligence. And negligence has significant affect in business contracts. As per business contract signed between your company and Garside, your company was obligated to carry out the service as per schedule. As per law, if a party to a contract suffers loss for the negligent act of the other, the plaintiff is entitled to seek relief for the negligence. The presumed negligence in this case is satisfying the four conditions for the award of damages. Your company was bound to perform the legal duty. Failed to perform that duty; The plaintiff (Garside) suffered an injury or a loss; The negligent act is the proximate cause of the injury. You will have a defense against this negligence only if the negligence act also has some contribution on part of Garside, depending upon his share in this negligence. But this can only be investigated on courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s order. Another defense would be to show that you have taken all reasonable steps to ensure the prevention of such acts or omissions therefore providing a statutory defense. If you are having in place an up to date policy, a code of conduct, responsibility division and fixing, implemented trainings, and clearly communicated policies to all the employees of Hotsafe Ltd. In this case , any incident resulting due to negligence of an employee should be followed by a strict action against the employee. This may save the company against any serious damage claim. I hope that this would give the necessary legal perspective on the issue and you get out of it with the appropriate measures. Regards. à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦. References Webpages of HND Aspects of Contract and Negligence in Business Final_0.pdf 22_4.html https://www.contract/Importance Of The Essential Element Law Contract Essay (1).mht - End - 1 | Page