Free Essays on Townsend Act

The Townshend Act The Townshend Acts` repeal of the Stamp Act left Britain's financial problems unresolved. Parliament had not given up the right to tax the colonies and in 1767, at the urging of chancellor of the Exchequer Charles Townshend, it passed the Townshend Acts, which imposed taxes on lead, glass, tea, paint, and paper that Americans imported from Britain. In an effort to strengthen its own authority and the power of royal colonial officials, Parliament, at Townshend's request, also created the American Board of Customs Commissioners whose members would strictly enforce the Navigation Acts. Revenue raised by the new tariffs would be used to free royal officials from financial dependence on colonial assemblies, thus further encroaching on colonial autonomy. Once again the colonists protested vigorously. In December 1767,John Dickinson, a Philadelphia lawyer, published 12 popular essays that reiterated the colonists' denial of Parliament's right to tax them and warned of a conspiracy by a corrupt British ministry to enslave Americans. The Sons of Liberty organized protests against customs officials, merchants entered into nonimportation agreements, and the Daughters of Liberty advocated the nonconsumption of products, such as tea, taxed by the Townshend Acts. The Massachusetts legislature sent the other colonies a circular letter condemning the Townshend Acts and calling for a united American resistance. British officials then ordered the dissolution of the Massachusetts General Court if it failed to withdraw its circular letter; the court refused, by a vote of 92 to 17, and was dismissed. The other colonial assemblies, initially reluctant to protest the acts, now defiantly signed the circular letter, outraged at British interference with a colonial legislature.In other ways, British actions again united American protest. The Board of Customs Commissioners extorted money from colonial merchants and use... Free Essays on Townsend Act Free Essays on Townsend Act The Townshend Act The Townshend Acts` repeal of the Stamp Act left Britain's financial problems unresolved. Parliament had not given up the right to tax the colonies and in 1767, at the urging of chancellor of the Exchequer Charles Townshend, it passed the Townshend Acts, which imposed taxes on lead, glass, tea, paint, and paper that Americans imported from Britain. In an effort to strengthen its own authority and the power of royal colonial officials, Parliament, at Townshend's request, also created the American Board of Customs Commissioners whose members would strictly enforce the Navigation Acts. Revenue raised by the new tariffs would be used to free royal officials from financial dependence on colonial assemblies, thus further encroaching on colonial autonomy. Once again the colonists protested vigorously. In December 1767,John Dickinson, a Philadelphia lawyer, published 12 popular essays that reiterated the colonists' denial of Parliament's right to tax them and warned of a conspiracy by a corrupt British ministry to enslave Americans. The Sons of Liberty organized protests against customs officials, merchants entered into nonimportation agreements, and the Daughters of Liberty advocated the nonconsumption of products, such as tea, taxed by the Townshend Acts. The Massachusetts legislature sent the other colonies a circular letter condemning the Townshend Acts and calling for a united American resistance. British officials then ordered the dissolution of the Massachusetts General Court if it failed to withdraw its circular letter; the court refused, by a vote of 92 to 17, and was dismissed. The other colonial assemblies, initially reluctant to protest the acts, now defiantly signed the circular letter, outraged at British interference with a colonial legislature.In other ways, British actions again united American protest. The Board of Customs Commissioners extorted money from colonial merchants and use...

Essay on True Aboriginality

Essay on True Aboriginality Essay on True Aboriginality True Aboriginality: Sharing Values, Stories, and a Connection Sally Morgan’s novel, â€Å"My Place,† is the story of her personal journey to finding an Aboriginal Identity. She is led to this understanding of identity through many cases of storytelling: a very important Aboriginal tradition. The act of storytelling has ministered the transmission of this rich culture through time and preserved of Aboriginal identity through struggles with colonial repression. Dreamtime narratives and historical accounts have accumulated and been passed down through many generations of the Aboriginal community. These have served to maintain the integrity of the ancient Aboriginal values and beliefs which establish a deep connection between the Aboriginal people. This is the connection that Sally is searching for throughout her story and, in sharing her journey to this connection, she expresses the meaning of true Aboriginality and proves that it is much more than skin-deep. For most of her young life, Sally’s mother and grandmother, Nan, attempted to keep her true racial identity a secret from her to protect her from the callousness of misjudgment and discrimination. They lied to Sally and told her that she was Indian in hopes that she could avoid the racism that surrounded the Aboriginal people and identified them â€Å"not in terms of their positive attributes, but in terms of what they lacked: they were ‘under-developed,’ ‘primitive,’ [†¦] uneducated [†¦] ‘backward’† (Dodson 29). However, despite her early ignorance, Sally’s story remains specifically aboriginal because she was still exposed to many unpleasant aspects of her racial identity. Most of these experiences stemmed from the prejudiced stereotypes held by white Australians over Aboriginal people, which led Sally to an acute awareness of the barriers that existed between her and her lighter-skinned classmates. She recal ls how, in her first years of school, she â€Å"felt different from the other children in [her] class. They were the spick-and-span brigade, and [she], the grubby offender† (28). This ambiguous idea she had of being lower-class seemed to continually be validated throughout her life. At one point, a deacon of her church even went so far as to forbid Sally to befriend his daughter on the grounds that she was a â€Å"bad influence† (129). She still hadn’t fully come to terms with her Aboriginality, so she believed there was something wrong with her personally and didn’t understand that these incidents were effects of a larger issue of racial discrimination. She had been engaged in the Aboriginal situation all her life without fully understanding it and, as she grew older, she began to notice even more of the differences that separated her from the majority of her peers. She picked up on many of her family’s idiosyncrasies. She saw that they wer e more in touch with nature than most in the way they took many stray animals into their care and also in how her mother and Nan looked for signs in the weather. Sally noted that Nan’s â€Å"view of the spiritual world was a deeply personal one† and that â€Å"Nan influenced [her] greatly when it came to [her] attitude to the wildlife around [her]† (72, 67). This was a directly Aboriginal influence on Sally as Nan passed down the culture’s ancient value of deep spiritual connection with nature. Their family’s lifestyle was made up of many unique habits that could also be traced back to their aboriginal background. These include Nan’s preference of the â€Å"Old Cures† over modern medicine, the use of raw onions for sanitation, and their major concern with saving money. Sally states that â€Å"when it came to the economy, Mum’s and Nan’s ideas were rather peculiar† (136). Their economic fears were linked to Nan’s fear of the government because, based on the turbulent past relations between the Aboriginals and the white Australian government, Nan felt she had reason to worry that the government was untrustworthy and determined to hurt their

Cross Cultural Management Essay Example | Topics and Well Written Essays - 3000 words

Cross Cultural Management - Essay Example Migration has been a chief source of growth in Australia’s population over the last few years, accounting for 44% of the population increase since 1979 Jupp (2001, p.88). Certainly, overseas immigration is the most important component in the population growth of Australia. Linguistically and culturally varied people comprise a considerable percentage of the West Australian population. The phrase â€Å"culturally and linguistically varied† refers to individuals and groups of people who differ in terms of ethnicity, religion, language and race, with an exception of people whose ancestry is Aboriginal, Anglo-Celtic or Anglo-Saxon. The widely used abbreviation for this group is CALD, â€Å"Culturally and Linguistically Diverse.† This report aims at highlighting several management issues related with diversity, especially between Malaysia and Australia. The report bases its contents on an interview conducted with the CEO of iNOVA Pharmaceutical, Andrew Howden regardin g his experiences as a CEO in Australia and other countries such as Malaysia, Philippines and Singapore. It also bases its findings and discussions on another interview with a Malaysian insider, Ralph, who was born and raised in Malaysia, but relocated to Australia. The report begins with a background analysis of iNOVA pharmaceuticals, the CaLD stakeholders and relevant information on the CALD group. What follows is a summary of the interviews’ results, stating the CEO’s and the insider’s comments, experiences and views on several management issues. The report will then offer a literature review and discussion of the results by offering more information on the role and significance of CALD on Australian business and management, and management and operations differ between Australia and Asian countries, especially Malaysia. In this section; it will focus on the benefits of having a multicultural workforce, in relation to the interview. Before concluding, the repo rt offers recommendations on how to handle problems created by diversity. 2.0 Background iNova Pharmaceuticals (Australia), is the corporate headquarters for â€Å"iNOVA* operations. The company is leading in consumer healthcare, with specialty prescription brands in over fifteen countries including Asia Pacific, New Zealand, Africa regions and Australia. The company was borne out of Riker Laboratory and 3M pharmaceutical fifty years ago, and presently maintains a broad spectrum of products as well as the ability to develop and acquire new products. Providing new opportunities and bringing new talents are fundamental to iNOVA The CALD stakeholder is Malaysia, a Southeast Asian federal constitutional monarchy. The country has a total of 13 states and three territories. Malaysia has a â€Å"freedom of religion† clause in its constitution despite maintaining Islam as its state religion. 61.3% of Malaysians practice Islam while Buddhism, Taoism, Christianity, Confucianism, Hindu ism and several Chinese religions, shares the remaining percentage. Malaysian official language is Bahasa Malaysia, while English is an active second language. The country has a multilingual, multicultural and multi ethnic society. 3.0 Results a) Interview with iNOVA CEO: account and perspective In an interview with Andrew Howden, the CEO of iNova Pharmaceutical, the CEO pointed out several potential difficulties pertaining to the management of people of different cultures and religious backgrounds. The main culture in question was the Malaysian culture, with emphasis on the Muslim religion. The aim of the interview was to establish the potential difficulties that managers must overcome in order to manager people of differe

The Music Video Picasso Baby by Jay Z Essay Example | Topics and Well Written Essays - 750 words

The Music Video Picasso Baby by Jay Z - Essay Example The essay "The Music Video Picasso Baby by Jay Z" aims to analyze the album of Ja-Z and gives a review on his video. Picasso Baby, included in Jay Z’s album titled ‘Magna Carta Holy Grail’, is a music piece inspired by art-world icons and ‘high-status’ figures. The performance was with an interaction of an invited-only audience composed of a number of elites in the art world. Performance by artists like Marina Abramovic from the MoMA show-â€Å"The Artist is Present† graced the video. The lyrics and script relate to the video in that performance art, just like other types of arts, draws its influence from ‘stigmata effect.’ This means that he does not just perform in concerts for the audience, but engages the audience as a necessary and equal part of the performance. The piece takes place through the bodies of all the listeners, including the artist (Jay Z) himself. Picasso Baby’s performance is a manifestation of performanc e changes that Jay Z is trying to achieve. Depending upon individuals who present themselves before the performing artist, Jay Z acts a shiny surface that embodies and reflects his fans. Herein, the connection between ‘Picasso Baby’ and the works of famous artists he mentions in his lyrics is seen. Watching the video for the first time, I was drawn to the entire performance as a normal event. Using Pace Gallery as the setting also makes the whole performance questionable considering that Jay Z’s celebrity status is enough to grant him entry into the gallery.

Extinguishment of Obligation Essay Example for Free

Extinguishment of Obligation Essay SECTION 1. – Payment or Performance Art. 1232. Payment means not only the delivery of money but also the performance, in any other manner, of an obligation. (n) Art. 1233. A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be. (1157) Art. 1234. If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee. (n) Art. 1235. When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with. (n) Art. 1236. The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary. Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor. (1158a) Art. 1237. Whoever pays on behalf of the debtor without the knowledge or against the will of the latter, cannot compel the creditor to subrogate him in his rights, such as those arising from a mortgage, guaranty, or penalty. (1159a) Art. 1238. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the debtor’s consent. But the payment is in any case valid as to the creditor who has accepted it. (n) Art. 1239. In obligations to give, payment made by one who does not have the free disposal of the thing due and capacity to alienate it shall not be valid, without prejudice to the provisions of Article 1427 under the Title on â€Å"Natural Obligations.† (1160a) Art. 1240. Payment shall be made to the person in whose favor the obligation has been constituted, or his successor in interest, or any person authorized to receive it. (1162a) Art. 1241. Payment to a person who is incapacitated to administer his property shall be valid if he has kept the thing delivered, or insofar as the payment has been beneficial to him. Payment made to a third person shall also be valid insofar as it has redounded to the benefit of the creditor. Such benefit to the creditor need not be proved in the following cases: (1) If after the payment, the third person acquires the creditor’s rights; (2) If the creditor ratifies the payment to the third person; (3) If by the creditor’s conduct, the debtor has been led to believe that the third person had authority to receive the payment. (1163a) Art. 1242. Payment made in good faith to any person in possession of the credit shall release the debtor. (1164) Art. 1243. Payment made to the creditor by the debtor after the latter has been judicially ordered to retain the debt shall not be valid. (1165) Art. 1244. The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due. In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligee’s will. (1166a) Art. 1245. Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in money, shall be governed by the law of sales. (n) Art. 1246. When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been stated, the creditor cannot demand a thing of superior quality. Neither can the debtor deliver a thing of inferior quality. The purpose of the obligation and other circumstances shall be taken into consideration. (1167a) Art. 1247. Unless it is otherwise stipulated, the extrajudicial expenses required by the payment shall be for the account of the debtor. With regard to judicial costs, the Rules of Court shall govern. (1168a) Art. 1248. Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations in which the obligation consists. Neither may the debtor be required to make partial payments. However, when the debt is in part liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter. (1169a) Art. 1249. The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines. The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired. In the meantime, the action derived from the original obligation shall be held in the abeyance. (1170) Art. 1250. In case an extraordinary inflation or deflation of the currency stipulated should supervene, the value of the currency at the time of the establishment of the obligation shall be the basis of payment, unless there is an agreement to the contrary. (n) Art. 1251. Payment shall be made in the place designated in the obligation. There being no express stipulation and if the undertaking is to deliver a determinate thing, the payment shall be made wherever the thing might be at the moment the obligation was constituted. In any other case the place of payment shall be the domicile of the debtor. If the debtor changes his domicile in bad faith or after he has incurred in delay, the additional expenses shall be borne by him. These provisions are without prejudice to venue under the Rules of Court. (1171a) SUBSECTION 1. – Application of Payments Art. 1252. He who has various debts of the same kind in favor of one and the same creditor, may declare at the time of making the payment, to which of them the same must be applied. Unless the parties so stipulate, or when the application of payment is made by the party for whose benefit the term has been constituted, application shall not be made as to debts which are not yet due. If the debtor accepts from the creditor a receipt in which an application of the payment is made, the former cannot complain of the same, unless there is a cause for invalidating the contract. (1172a) Art. 1253. If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been covered. (1173) Art. 1254. When the payment cannot be applied in accordance with the preceding rules, or if application can not be inferred from other circumstances, the debt which is most onerous to the debtor, among those due, shall be deemed to have been satisfied. If the debts due are of the same nature and burden, the payment shall be applied to all of them proportionately. (1174a) SUBSECTION 2. – Payment by Cession Art. 1255. The debtor may cede or assign his property to his creditors in payment of his debts. This cession, unless there is stipulation to the contrary, shall only release the debtor from responsibility for the net proceeds of the thing assigned. The agreements which, on the effect of the cession, are made between the debtor and his creditors shall be governed by special laws. (1175a) SUBSECTION 3. – Tender of Payment and Consignation Art. 1256. If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by the consignation of the thing or sum due. Consignation alone shall produce the same effect in the following cases: (1) When the creditor is absent or unknown, or does not appear at the place of payment; (2) When he is incapacitated to receive the payment at the time it is due; (3) When, without just cause, he refuses to give a receipt; (4) When two or more persons claim the same right to collect; (5) When the title of the obligation has been lost. (1176a) Art. 1257. In order that the consignation of the thing due may release the obligor, it must first be announced to the persons interested in the fulfillment of the obligation. The consignation shall be ineffectual if it is not made strictly in consonance with the provisions which regulate payment. (1177) Art. 1258. Consignation shall be made by depositing the things due at the disposal of judicial authority, before whom the tender of payment shall be proved, in a proper case, and the announcement of the consignation in other cases. The consignation having been made, the interested parties shall also be notified thereof. (1178) Art. 1259. The expenses of consignation, when properly made, shall be charged against the creditor. (1178) Art. 1260. Once the consignation has been duly made, the debtor may ask the judge to order the cancellation of the obligation. Before the creditor has accepted the consignation, or before a judicial declaration that the consignation has been properly made, the debtor may withdraw the thing or the sum deposited, allowing the obligation to remain in force. (1180) Art. 1261. If, the consignation having been made, the creditor should authorize the debtor to withdraw the same, he shall lose every preference which he may have over the thing. The co-debtors, guarantors and sureties shall be released. (1181a) SECTION 2. – Loss of the Thing Due Art. 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay. When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. The same rule applies when the nature of the obligation requires the assumption of risk. (1182a) Art. 1263. In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. (n) Art. 1264. The courts shall determine whether, under the circumstances, the partial loss of the object of the obligation is so important as to extinguish the obligation. (n) Art. 1265. Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary, and without prejudice to the provisions of article 1165. This presumption does not apply in case of earthquake, flood, storm, or other natural calamity. (1183a) Art. 1266. The debtor in obligations to do shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor. (1184a) Art. 1267. When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part. (n) Art. 1268. When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, whatever may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter refused without justification to accept it. (1185) Art. 1269. The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of action which the debtor may have against third persons by reason of the loss. (1186) SECTION 3. – Condonation or Remission of the Debt Art. 1270. Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly. One and the other kind shall be subject to the rules which govern inofficious donations. Express condonation shall, furthermore, comply with the forms of donation. (1187) Art. 1271. The delivery of a private document evidencing a credit, made voluntarily by the creditor to the debtor, implies the renunciation of the action which the former had against the latter. If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt. (1188) Art. 1272. Whenever the private document in which the debt appears is found in the possession of the debtor, it shall be presumed that the creditor delivered it voluntarily, unless the contrary is proved. (1189) Art. 1273. The renunciation of the principal debt shall extinguish the accessory obligations; but the waiver of the latter shall leave the former in force. (1190) Art. 1274. It is presumed that the accessory obligation of pledge has been remitted when the thing pledged, after its delivery to the creditor, is found in the possession of the debtor, or of a third person who owns the thing. (1191a) SECTION 4. – Confusion or Merger of Rights Art. 1275. The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person. (1192a) Art. 1276. Merger which takes place in the person of the principal debtor or creditor benefits the guarantors. Confusion which takes place in the person of any of the latter does not extinguish the obligation. (1193) Art. 1277. Confusion does not extinguish a joint obligation except as regards the share corresponding to the creditor or debtor in whom the two characters concur. (1194) SECTION 5. – Compensation Art. 1278. Compensation shall take place when two persons, in their own right, are creditors and debtors of each other. (1195) Art. 1279. In order that compensation may be proper, it is necessary: (1) That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other; (2) That both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated; (3) That the two debts be due; (4) That they be liquidated and demandable; (5) That over neither of them there be any retention or controversy, commenced by third persons and communicated in due time to the debtor. (1196) Art. 1280. Notwithstanding the provisions of the preceding article, the guarantor may set up compensation as regards what the creditor may owe the principal debtor. (1197) Art. 1281. Compensation may be total or partial. When the two debts are of the same amount, there is a total compensation. (n) Art. 1282. The parties may agree upon the compensation of debts which are not yet due. (n) Art. 1283. If one of the parties to a suit over an obligation has a claim for damages against the other, the former may set it off by proving his right to said damages and the amount thereof. (n) Art. 1284. When one or both debts are rescissible or voidable, they may be compensated against each other before they are judicially rescinded or avoided. (n) Art. 1285. The debtor who has consented to the assignment of rights made by a creditor in favor of a third person, cannot set up against the assignee the compensation which would pertain to him against the assignor, unless the assignor was notified by the debtor at the time he gave his consent, that he reserved his right to the compensation. If the creditor communicated the cession to him but the debtor did not consent thereto, the latter may set up the compensation of debts previous to the cession, but not of subsequent ones. If the assignment is made without the knowledge of the debtor, he may set up the compensation of all credits prior to the same and also later ones until he had knowledge of the assignment. (1198a) Art. 1286. Compensation takes place by operation of law, even though the debts may be payable at different places, but there shall be an indemnity for expenses of exchange or transportation to the place of payment. (1199a) Art. 1287. Compensation shall not be proper when one of the debts arises from a depositum or from the obligations of a depositary or of a bailee in commodatum. Neither can compensation be set up against a creditor who has a claim for support due by gratuitous title, without prejudice to the provisions of paragraph 2 of Article 301. (1200a) Art. 1288. Neither shall there be compensation if one of the debts consists in civil liability arising from a penal offense. (n) Art. 1289. If a person should have against him several debts which are susceptible of compensation, the rules on the application of payments shall apply to the order of the compensation. (1201) Art. 1290. When all the requisites mentioned in Article 1279 are present, compensation takes effect by operation of law, and extinguishes both debts to the concurrent amount, even though the creditors and debtors are not aware of the compensation. (1202a) SECTION 6. – Novation Art. 1291. Obligations may be modified by: (1) Changing their object or principal conditions; (2) Substituting the person of the debtor; (3) Subrogating a third person in the rights of the creditor. (1203) Art. 1292. In order that an obligation may be extinguished by another which substitute the same, it is imperative that it be so declared in unequivocal terms, or that the old and the new obligations be on every point incompatible with each other. (1204) Art. 1293. Novation which consists in substituting a new debtor in the place of the original one, may be made even without the knowledge or against the will of the latter, but not without the consent of the creditor. Payment by the new debtor gives him the rights mentioned in Articles 1236 and 1237. (1205a) Art. 1294. If the substitution is without the knowledge or against the will of the debtor, the new debtor’s insolvency or non-fulfillment of the obligations shall not give rise to any liability on the part of the original debtor. (n) Art. 1295. The insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, shall not revive the action of the latter against the original obligor, except when said insolvency was already existing and of public knowledge, or known to the debtor, when the delegated his debt. (1206a) Art. 1296. When the principal obligation is extinguished in consequence of a novation, accessory obligations may subsist only insofar as they may benefit third persons who did not give their consent. (1207) Art. 1297. If the new obligation is void, the original one shall subsist, unless the parties intended that the former relation should be extinguished in any event. (n) Art. 1298. The novation is void if the original obligation was void, except when annulment may be claimed only by the debtor or when ratification validates acts which are voidable. (1208a) Art. 1299. If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulated. (n) Art. 1300. Subrogation of a third person in the rights of the creditor is either legal or conventional. The former is not presumed, except in cases expressly mentioned in this Code; the latter must be clearly established in order that it may take effect. (1209a) Art. 1301. Conventional subrogation of a third person requires the consent of the original parties and of the third person. (n) Art. 1302. It is presumed that there is legal subrogation: (1) When a creditor pays another creditor who is preferred, even without the debtor’s knowledge; (2) When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor; (3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter’s share. (1210a) Art. 1303. Subrogation transfers to the persons subrogated the credit with all the rights thereto appertaining, either against the debtor or against third person, be they guarantors or possessors of mortgages, subject to stipulation in a conventional subrogation. (1212a) Art. 1304. A creditor, to whom partial payment has been made, may exercise his right for the remainder, and he shall be preferred to the person who has been subrogated in his place in virtue of the partial payment of the same credit. (1213)

Iraq War Essay -- essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  The war waged on Iraq by the United States has been the cause of heated debate all over the world. Many people have opposed the United States attack on Iraq for many viable reasons. Some of these reasons include that it is not in the best interests for the reputation of the United States with the other nations of the global community, it poses an increased threat to United States homeland security, and it will result in many unjust crimes committed by the United States.   Ã‚  Ã‚  Ã‚  Ã‚  Going to war with Iraq will negatively affect the reputation of the United States with other countries opposing the war. These countries include Germany, France, Saudi Arabia, Jordan, Egypt, and Pakistan, to name a few. In order to be a superpower, it entails that the country maintain amicable ties with nations in strategic areas in order to facilitate goodwill and cooperation. By going to war with Iraq, the United States has put a tremendous strain on amicable ties it once had with influential countries like France, Germany, and Egypt which is not good for public relation purposes or for maintaining superpower status. Also, going to war with Iraq has put a tremendous strain on the ties between the United States and many Muslim countries. The vast majority of the Muslim world is vehemently opposed to the war, thereby fueling anger towards the United States, viewing it as unjust and overstepping its bounds. This creates a dark image of the United Sta...

Forecasting Lost Sales Case Study Essay

Carlson Department store suffered heavy damage from a hurricane on August 31. As a result the store was closed for four months, September through December. Carlson is in dispute with its insurance company regarding the lost sales for the length of time the store was closed. Section II: Problem Identification Two issues to address are the amount of sales Carlson department store would have made if there had been no hurricane and if they are entitled to any compensation for excess sales due to increased business activity after the storm. One further important factor is that eight billion dollars in federal disaster relief and insurance money came in to the county which in turn increased sales at department stores and numerous other businesses in the area. Section III: Approach: The method to be used is forecasting with seasonality in order to obtain approximate sales data for the months that Carlson was closed. Section IV: Options After reviewing different methods of forecasting and their measures of forecasting accuracy the linear forecasting method is shown to be the most effective given that the mean square error, and the mean absolute error and the mean absolute percentage error are very close to zero. *See attached Excel spreadsheet for further clarification/breakdown of forecasting methods. However, although the linear trend line can be useful it can also prove to be inappropriate for business retail sales. Real trends change their slope and intercept over time and rarely tend to follow a fixed straight line. Therefore, linear regression with seasonality will be used to determine lost sales. In the past five years Carlson’s overall monthly average for sales was 2.43375. The monthly averages for the months under consideration are as follows; September: 1.8975 October: 2.215 November: 2.775 and December: 4.1875. Approximately thirty nine percent of Carlson’s sales occur within the Sept through December months. The seasonal index as show in figure 6.7 further breaks this down. While reviewing Carlson  department store’s forecasted sales for September through December and taking into account that the time frame is during the holiday season; it is apparent that sales typically increase during this period in relation to seasonality. Section V: Conclusions/Recommendations Figure 6.6 displays the forecast of lost sales for Carlson had there been no hurricane. This table displays that Carlson is entitled to 12.43 million in lost sales for the four months that it was closed. The surrounding department stores showed a consistent increase in sales during the four listed months (September through December) as shown in figure 6.9. The amount of sales were well above what was typically forecasted (On average the surrounding department stores did 18.67 million above forecast). The amount of sales during this time frame increased by 27.03 percent. Based off of this data, Carlson should be provided additional compensation for the increase of sales they would have encountered from disaster relief funds and insurance money. Carlson would have gained an approximate increase of 3.36 million in sales, therefore making the total compensation owed to Carlson from their insurance company 15.788 million for lost sales. Section VI: Other Considerations Some other factors that may require further consideration are moving holidays, or the effect of holidays on the forecasting method. Some holidays may have changing dates which can impact more than one month in a way that depends upon the date. Section VII: Resources References Anderson, D. R., Sweeny, D., Williams, T., Cann, J., Cochran, J., Fry, M., & Ohlmann, J. (2013). Quantitative Methods For Business. Mason, OH: South-Western Cengage Learning.

Examine The Ambiguity Of The Play S Conclusion Essay

When the audience does not receive a rounded story, and causality is being blurred the effect of a play can be unsettling, suggesting the presence of an unsolved situation. Although in the case of Death And The Maiden ambiguity is used in an unusual, opposite way where the created effect is best described by calmness and acquiescence. Does Paulina kill Roberto, or does she let him stay alive? Is Roberto really there in the theatre or is he just a fantasy? Leaving these questions open is very provocative. For the first sight the reader might feel intimidated, that the  foundations for any interpretation are removed, there are so few facts to start from. Because as he might discovered from the context before there is a symbolism, that one can associate characters with the people of post Pinochet Chile, or people of any country in a state of healing. But then how does this symbolism work? It does not say too much about the ways of reconciliation, and what is more that even if it does so it feels like an analytical dead end. Because it says that no matter in what ways you try to set yourself free of trauma, by revenge or by forgiveness the outcome will be the same, Roberto or his phantom  will always be there. This provocative nature of ambiguity forces the reader to look for new explanations. And where is the solution to be found if not in the book’s yet least understood part, in its title. What is death and the maiden for the reader? It can be the Schubert piece, or a motif that manifests itself in arts and literature from the medieval ages. But most importantly it is the motif for the universal presence of death. And suddenly all makes sense, Dorfman does not intend to intimidate the reader azzal, hogy azt mondja nincs megoldas a tramumaval valo megkuzdesre.

James Ensors Intrigue Essays

James Ensors Intrigue Essays James Ensors Intrigue Essay James Ensors Intrigue Essay When I first looked at The Intrigue by James Ensor, I knew that it would be the painting that I did my research paper on. Before entering the museum, I was thought that it would be very difficult for me to write a 5 page paper on one work of art but after stepping into the Minneapolis Institute of Art, I changed my mind immediately. There were so many beautiful works there that, at first, I was overwhelmed. I was really glad that we decided to go to the MIA at the last minute. We were going to go to the Walker, but, The MIA is free and I haven’t been there in a long time. We walked through the Middle Eastern art section first, which was ok, but not really my taste. Then we got into more of the modern works of art and some of them were pretty interesting. That is when I saw the Intrigue for the first time. My girlfriend thought it was really ugly. I thought that it was beautiful. I thought it was really cool how there were so many different characters in the painting. I also liked how the characters looked strange and a little frightening. I thought the background about the painting was very interesting as well, but I will get into that later. First I would like to share a little about the life and time of James Ensor. Piper 2 Baron James (Sidney Eduard) Ensor was a Belgian artist who lived from 1860-1949. (Wikipedia 2010) He spent almost his whole life in his home town Ostend Belgium and he was trained as a painter in Brussels. He Joined a group called Les XX (The 20). The Les XX brought in works from contemporary French artists into Brussels and fought for more artistic freedom. His early works used dimmer colors and were more of the realist style. (The Art of Being Human 152)Many of his later works have depictions of skeletons, masks, phantoms and demons. He was a cynical man who became more so with age. I would say that he was a rebel of his time. He hated the socialite culture of Belgium and showed it through his works. His works were negatively criticized plunging him deeper into withdrawal from society and he became a recluse. He saw Impressionists as â€Å"superficial daubers†. That being said, he was still very concerned with the effects of light. Ensor’s works have been categorized as Symbolism, Expressionism, Realism, and Surrealism. (A Beginners Guide to the Humanities 10) You can’t really put him into one category but if you had to he would be an Expressionist. One of his most famous works, The Entry of Christ into Brussels (1888), was a very controversial work in his time. He depicted Christ riding into Brussels on an ass and a crowd greeting him as he rode in. He wanted the people in the crowd to look materialistic and the upper class to look like they were trying to make a buck off the deal. There were socialist banners and advertisements for mustard all around. This piece includes his masks such as the clown, a skeleton, a witch, and a fraud. It is a very busy Piper 3 work with much to be analyzed. The people in the bottom right corner seem to be conspiring. Not even his group, Les XX, would exhibit it and continued to reject his controversial work. Ensor’s only contact with the outside world was through his art, much like Van Gogh. His dark feelings can be seen in his works. Even his still life and landscapes have been said to have a foreboding quality filled with Ensor’s sadistic, erotic and painful vision. The Intrigue was painted in 1911 in Ostend, Belgium. This is oil on canvas. The scale of this painting is rather large, 35 7/16 x 59 1/16. The shape is rectilinear with straight strokes throughout the painting. The lines are vertical, horizontal and diagonal. There are many colors in this painting, from the light blue of the sky, to the bright green of the woman’s dress. His use of reds in contrast to the green is also notable. He uses pinks for the faces and details them with blotchy reds and red lips. He also uses yellows and different shades of brown. The composition is fairly symmetrical left and right and the characters seem to be either standing still or moving forward. The use of light in this painting to me is well balanced with some light reflecting off of the faces and the man’s hat. The pattern in this piece is that every one is wearing masks which are very symbolic but I will get into this later. The unity comes from the faces of the people and I think a finishing touch is the Skull like demon representing death in the left side. Piper 4 The subject in this painting is the engagement of Ensor’s sister to a Chinese art trader from Berlin, Germany. (Artsnet Minnesota 2010) It shows the small minded towns people ridiculing her with racial hatred and prejudice. They are pointing and laughing at her. The woman in the foreground looks like she is holding a Chinese doll and pointing and laughing. The others are safely hidden in their masks laughing and making fun of the couple. This was a big scandal at the time in such a small town where interracial marriages were not accepted as they are today. There is a lot of symbolism in this painting. The masks symbolize different things. The masks of His sister, Mariette and Tan Hee Tseu (Minneapolis Institute of Art) protect them from the crowd while the masks of the tormenters allow them to say what they will without fear of retribution. (Artsnet Minnesota 2010) They symbolize the ugliness of the hearts of the people who are viciously attacking the couple. The depiction of the skull like figure on the left side symbolizes death. The thick paint in the sky symbolizes turmoil and doom. The psychological aspect of this painting is to show us the injustice faced by his sister and to make us part of the painting. It almost feels like the people are pointing and teasing you when you look at it because of how it bring you in to the painting. The death figure is to try to instill fear into you in this painting and the odd masks are kind of terrifying. It is meant to be a scary painting that is shocking and make you think about the injustice these people faced. Piper 5 Ensor had a disgust for the inhumanity in the world. He despised the aristocratic society and the socialist government. His paintings show the ugliness of people and how greedy we can be. I think that he felt that life was really unfair and was sad that people treated others the way that they did. I really feel bad for him. Even his own group abandoned him and wouldn’t show his work. I believe that is why he became a recluse. As for my own thoughts on this painting, I loved it. It really inspired me to look at more art. I like the style of the artist and his thick brush strokes that seem to have excess paint on them. It is a very textural painting. It looks like it was painted with a lot of anger and distain. I think that my favorite character in this painting is the guy on the far right with the yellow hat on. He is very strange looking and has a detached jaw. I really would like to know what the inspiration was to paint this character. He has a very strange look on his face like he isn’t quite sure that he likes what he is doing or that he is regretful. I think that the hat he is wearing makes me wonder if he might be a farmer. He doesn’t look like any of the other people in this picture which makes me wonder why. The other characters I like in this painting are the guy who is in the back left. He looks like he is holding a cape open and is giving us a very menacing look. I would almost say he looks like a vampire. I also like the guy below him he looks a little like a troll and is wearing a strange horned hat. He seems to be breathing something out which I have determined is laughter. Piper 6 I think that the most interesting aspect to this work of art is the skeletal image painted in the same color as the sky. I almost missed it the first time I looked at the painting. It is a really frightening looking skull making a fist. The eyes grip you with terror. I think that it is a warning to the people that bad things will happen to them. Maybe it is a wish by Ensor that they will go to hell or be taken to their death for their inhumane treatment of others. Piper 7 1. Bishop, Phillp E. A Beginner’s Guide to The Humanities. Upper Saddle River, NJ: Prentice Hall 2010. Print 2. Janaro, Richard and Thelma Altshuler. The Art of Being Human. New York: Pearson Longman. Print 3. Minneapolis Institute of Art, Minneapolis, MN 2010. Print 4. Artsnet Minnesota. James Ensor Intrigue, About the Art. Web. 2010 5. Wikipedia. James Ensor. Web. 2010

Quotes from Life on the Mississippi by Mark Twain

Quotes from Life on the Mississippi by Mark Twain Life on the Mississippi is a memoir by Mark Twain. In it, he describes his many adventures and experiences on the river, with its history, features, etc. Here are a few quotes from the book: Quotes From Chapter 1 The Mississippi is well worth reading about. It is not a commonplace river, but on the contrary is in all ways remarkable. Considering the Missouri its main branch, it is the longest river in the worldfour thousand three hundred miles. It seems safe to say that it is also the crookedest river in the world, since in one part of its journey it uses up one thousand three hundred miles to cover the same ground that the crow would fly over in six hundred and seventy-five.The world and the books are so accustomed to use, and over-use, the word new in connection with our country, that we early get and permanently retain the impression that there is nothing old about it. Quotes From Chapters 3 and 4 Sired by a hurricane, damd by an earthquake.Ch. 3When Im playful I use the meridians of longitude and parallels of latitude for a seine, and drag the Atlantic Ocean for whales! I scratch my head with the lightning, and purr myself to sleep with the thunder!Ch. 3Now and then we had a hope that if we lived and were good, God would permit us to be pirates.Ch. 4 Quotes From Chapters 6 and 7 I was gratified to be able to answer promptly and I did. I said I didnt know.Ch. 6Your true pilot cares nothing about anything on earth but the river, and his pride in his occupation surpasses the pride of kings.Ch. 7By the Shadow of Death, but hes a lightning pilot!Ch. 7 Quotes From Chapters 8 and 9 Here is a proud devil, thought I; here is a limb of Satan that would rather send us all to destruction than put himself under obligations to me, because I am not yet one of the salt of the earth and privileged to snub captains and lord it over everything dead and alive in a steamboat.Ch. 8I felt like a skinful of dry bones and all of them trying to ache at once.Ch. 8You can depend on it, Ill learn him or kill him.Ch. 8The face of the water, in time, became a wonderful booka book that was a dead language to the uneducated passenger, but which told its mind to me without reserve, delivering its most cherished secrets as clearly as if it uttered them with a voice. And it was not a book to be read once and thrown aside, for it had a new story to tell every day.Ch. 9 Quotes From Chapter 17 In the space of one hundred and seventy-six years the Lower Mississippi has shortened itself two hundred and forty-two miles. That is an average of a trifle over one mile and a third per year. Therefore, any calm person, who is not blind or idiotic, can see that in the Old OÃ ¶litic Silurian Period, just a million years ago next November, the Lower Mississippi River was upwards of one million three hundred thousand miles long, and stuck out over the Gulf of Mexico like a fishing rod. And by the same token any person can see that seven hundred and forty-two years from now the Lower Mississippi will be only a mile and three quarters long, and Cairo and New Orleans will have joined their streets together, and be plodding comfortably along under a single mayor and a mutual board of aldermen. There is something fascinating about science. One gets such wholesale returns of conjecture out of such a trifling investment of fact. Quotes From Chapter 23 Give an Irishman lager for a month, and hes a dead man. An Irishman is lined with copper, and the beer corrodes it. But whiskey polishes the copper and is the saving of him, sir. Quotes From Chapters 43-46 Ive worked up a business here that would satisfy any man, dont care who he is. Five years ago, lodged in an attic; live in a swell house now, with a mansard roof, and all the modern inconveniences.Ch. 43I found the half-forgotten Southern intonations and elisions as pleasing to my ear as they had formerly been. A Southerner talks music. At least it is music to me, but then I was born in the South. The educated Southerner has no use for an r, except at the beginning of a word.Ch. 44In the South the war is what A.D. is elsewhere; they date from it.Ch. 45War talk by men who have been in a war is always interesting; whereas moon talk by a poet who has not been in the moon is likely to be dull.Ch. 45Sir Walter [Scott] had so large a hand in making Southern character, as it existed before the war, that he is in great measure responsible for the war.Ch. 46 Quotes From Chapter 52 The letter was a pure swindle, and that is the truth. And take it by and large, it was without a compeer among swindles. It was perfect, it was rounded, symmetrical, complete, colossal!

ISMG 3000 Essay Example | Topics and Well Written Essays - 1750 words

ISMG 3000 - Essay Example Debbi’s passionate zeal for baking and Randy’s business sense was complementary for starting a successful business. Hence, Debbi and Randy would seem to have reasonable future for each other. Debbi’s cookies were very much in demand amongst Randy’s clients which inspired Debbi to start an independent business of selling cookies. Debbi had confidence on her expertise in making mouth watering cookies which had always been very popular amongst her relatives. She was therefore able to convince her husband, Randy for starting a cookie business. Her main goal was to bake great cookies and make customers feel good. Thus, it was important for her to create an ambience of caring that would attract customers and provide them with quality cookies to make them feel good. On the other hand, Randy’s goal was to develop an enviable corporate structure with state of the art information technology that would help run the various operations smoothly. His goal was to exploit technology to optimize information flow within and across stores so that effective decision making could be based on informed choice. He strongly believed that machines must relieve people of mundane task and make them free to exploit their creativity in ways that would benefit the business like selling cookies directly to customers and giving personal touch. Debbi was in dilemma while opening her second store of Mrs. Fields’ Cookies. She loved baking cookies and strongly believed that personal involvement was an important part of running successful cookie business. She was afraid of delegating and thought that it might lower the quality of her cookies and most importantly, she would not be able to interact with her customers. Thus, the dilemma was genuine as she could not be in both the places at the same time. Her management style was fundamentally based on the simple principle that if one believes in something, one would be more convincing. Hence,

Capstone Experience (Strategy and Alignment) 1 Assignment

Capstone Experience (Strategy and Alignment) 1 - Assignment Example ot given the authority nor the responsibility to address customers’ complaints, the process of resolving these issues would be delayed and would cause dissatisfaction. In the current process, whenever there are customers who complain, the issue is elevated to the supervisor or manager for the needed decision. The structural misalignment using the RAEW tool is responsibility without authority (Strategy and Alignment, 2014). As emphasized in the RAEW tool, the â€Å"technique is intended to clarify to people the part they play in performing a specific business function within the enterprise† (YouSigma, 2008, p. 1). Thus, it identified the role and responsibilities of the customer service representative and those tasks outside of their jurisdiction. The misalignment could be fixed with clearer policies and procedures regarding addressing customers’ complaints. The organization could determine the usual complaints encountered in their work setting and determine the appropriate ways to address these. Thus, routine complaints could be addressed directly by the customer service representatives without referring the matter to their supervisors. In this regard, resolution to customers’ complaints would be immediate and