Monday, March 9, 2020
Where to Find the Best DBQ Examples
Where to Find the Best DBQ Examples SAT / ACT Prep Online Guides and Tips One of the best ways to prepare for the DBQ (the "document-based question" on the AP European History, AP US History, and AP World History exams) is to look over sample questions and example essays.Doing this will help you to get a sense of what makes a good (and what makes a bad) DBQ response. That said, not all DBQ essay examples are created equal. Iââ¬â¢ll briefly cover what makes a good DBQ example and then provide a list of example essays by course. Lastly, Iââ¬â¢ll give you some helpful tips on how to best use sample essays in your own preparation process. What's a Good DBQ Example? Without a doubt, the best sample resources come from the College Board.This is because they are the ones who design and administer the AP exams. This means the following: Any DBQ essay example that the College Board provides will include a real DBQ prompt All samples are real student responses from previous years, so you know they were written under the same conditions you'll have when you write your DBQ- in other words, they're authentic! They not only have scores but also explanations of each essay's score,in accordance with the rubric Each prompt includes several sample essays with a variety of scores Some DBQ examples outside those available from the College Board might be worth looking at, particularly if they highlight how a particular essay could be improved. In general, though, a superior example will do the following: Include the prompt and documents:It will be much easier for you to see how the information from the documents is integrated into the essay if you can actually look at the documents themselves! Have a score:Seems simple, but you'd be surprised how many DBQ examples out there in the uncharted internet don't have one. Without a real, official score, it's hard to gauge how trustworthy a sample actually is. With that in mind, I have compiled lists, organized by exam, of high-quality example DBQs below. Don't spend all your study time sharpening your pencil. Every DBQ Example Essay You Could Ever Need, by Exam Here are your example essays! We'll start with AP US History, then move to AP European History, and finally wrap up with AP World History. AP US History: Official College Board Examples Because of the test redesign in 2015, there are right now only four official College Board sets of sample essays that use the current rubric: 2018 Free-Response Questions| Sample DBQ Responses 2018 2017 Free-Response Questions| Sample DBQ Responses 2017 2016 Free-Response Questions| Sample DBQ Responses 2016 2015 Free-Response Questions| Sample DBQ Responses 2015 If you want additional sample question sets, you canlook at older College Board US History DBQ example response sets.To look at these, click "Free-Response Questions" for a given year. For the corresponding DBQ examples and scoring guidelines, click "Sample Responses Q1." Note that these examples use the old rubric (which is integrated into the Scoring Guidelines for a given free-response section). General comments on the quality of the essay, outside information, and document analysis still apply, but the score is on a 9-point scale instead of the current 7-point scale, and some of the particulars will be different. Older DBQs had up to 12 documents, while the current format has six to seven documents. If you do look at older DBQ examples, I recommend using the current rubric (as of 2017)to re-grade the essays in the sample according to the 7-point scale. I'll also give more advice on how to use all these samples in your prep later on. Mr. Bald Eagle is an AP US History DBQ grader in his spare time. AP European History: Official College Board Examples Unfortunately, there aren't as many sample resources for the AP Euro DBQ compared to the other AP history tests because 2016 was the first year the AP Euro test was administered in the new format. This means there are only three sets of official samples graded with the current 7-point rubric: 2018 Free-Response Questions|Sample DBQ Responses 2018 2017 Free-Response Questions|Sample DBQ Responses 2017 2016 Free-Response Questions|Sample DBQ Responses 2016 The rest of the existing available samples were graded in the old 9-point format instead of the 7-point format implemented in 2016. In the old format there were6 "core" points and 3 additional points possible. The old rubric is integrated with the sample responses for each question, but I'll highlight some key differences between the old and current formats: With the old format, you were given a brief "historical background" section before the documents There were more documents- up to 12- but the current format has six to seven There was an emphasis on "grouping" the documents that is not present in the current rubric There was also explicit emphasis on correctly interpreting the documents that is not found in the current rubric While the essential components of the DBQ are still the same between the two test formats,you should definitely refer to the current rubricif you decide to look at any old AP European History samples. You might find ituseful to look at old essays and score them in accordance with the current rubric. Here are the old sample DBQ questions and essays, organized by year: 2015 Free-Response Questions|Sample DBQ Responses 2015 2014 Free-Response Questions|Sample DBQ Responses 2014 2013 Free-Response Questions|Sample DBQ Responses 2013 2012 Free-Response Questions|Sample DBQ Responses 2012 2011 Free-Response Questions|Sample DBQ Responses 2011 You can get samples in the old format all the way back to 2000 from the College Board. (Click "Free -Response Questions" for the questions and "Sample Response Q1" for the samples.) Consider how you might integrate this castle into the DBQ that is your life. AP World History: Official College Board Examples The World History AP exam transitioned to a new format to more resemble AP US History and AP European History for the 2017 test. This means that there are only two past exams available that use the current DBQ format: 2018 Free-Response Questions|Sample DBQ Responses 2018 2017 Free-Response Questions|Sample DBQ Responses 2017 In the old format there were7 "core" points and 2 additional points possible. The old rubric is integrated with the sample responses for each question, but Iââ¬â¢ll highlight some key differences between the old and current formats: There were more documents- up to 10- but the current format has six to seven There was an emphasis on "grouping" the documents on the old rubric that is not present in the current rubric There was also explicit emphasis on correctly interpreting the documents that is not found in the current rubric In the old rubric, you needed to identify one additional document that would aid in your analysis; the new rubric does not have this requirement The essential components of the DBQ are still the same between the two formats, although you should definitely look at the current rubricif you study with any old AP World History questions and samples.You might find ituseful to look at the old essays and score them according to the current rubric. Here are old AP World History questions and DBQ sample responses, organized by year: 2016 Free-Response Questions|Sample DBQ Responses 2016 2015 Free-Response Questions|Sample DBQ Responses 2015 2014 Free-Response Questions|Sample DBQ Responses 2014 2013 Free-Response Questions|Sample DBQ Responses 2013 2012 Free-Response Questions|Sample DBQ Responses 2012 Don't worry, the old format isn't as old as this guy right here. How Should I Use DBQ Examples to Prepare? Now that you have all these examples, what should you do with them?In this section, I'll give you some tips on how to use example DBQs in your own prep, including when to start using them and how many you should plan to review. What Should I Do With These DBQs? Officialsample essay sets are a great way to testhow well you understand the rubric. This is why I recommendthat you grade a sample setearly on in your study process- maybe even before you've written a practice DBQ. Then, when you compare the scores you gave to the official scores and scoring notes given to the samples, you'll have a better idea of what parts of the rubric you don't really understand.If there are points you are consistently awarding differently than the graders, youââ¬â¢ll know those are skills you'll need to work on. Keep giving points for the thesis and then finding out the sample didn't get those points? This tells you to work more on your thesis skills. Not giving points for historical context and then finding out the AP grader gave full credit? You need to work on recognizing what constitutes historical context according to the AP. Check out mytips on building specific rubric-based skills in my guide on how to write a DBQ. Once you've worked on some of those rubric skills you're weaker in, such as evaluating a good thesis or identifying document groups, grade another sample set.This way, you can see how your ability to grade the essays like an AP grader improves over time! Obviously, grading sample exams is a much more difficult processif you're looking at examples in an old format (e.g., AP European History or AP World History samples). The old scores as awarded by the College Board will be helpful in establishing a ballpark- obviously a 9is still going to be a good essay using the current 7-point scale- but there may be some modest differences in grades between the two scales. (Maybe that perfect 9is now a 6out of 7due to rubric changes.) For practice grading with old samples, you might want to pull out two copies of the current rubric, recruit a trusted study buddy or academic advisor (or even two study buddies!), and have each of you re-grade the samples. You can then discuss any major differences in the grades each of you awarded. Having multiple sets of eyes will help you see if the scores you're giving are reasonable, since you wonââ¬â¢t have an official 7-point College Board score for comparison. How Many Example DBQs Should I Be Using? The answer to this question depends on your study plans. If it's six months before the exam and you plan on transforming yourself into a hard diamond of DBQ excellence, you might do practice grading on a sample set every few weeks to a month to check your progress to being able to think like an AP grader. In this case, you would probably use six to nine official sample sets. If, on the other hand, the exam is in a month and you are just trying to get in some skill-polishing, you might do a sample set every week to 10 days. It makes sense to check your skills more often when you have less time to study because you want to be sure that you are focusing your time on the skills that need the most work. For a short time frame, expect to use somewhere in the range of three to four range official sample sets. Either way, you should be integrating your sample essay grading with skills practice and doing some practice DBQ writing of your own. Toward the end of your study time, you could even integrate DBQ writing practice with sample grading. Read and complete a timed prompt and then grade the sample set for that prompt, including yours! The other essays will help give you a sense of what score your essay might have received that year and any areas you might have overlooked. There's no one-size-fits-all approach to using sample sets, but in general they are a useful tool formaking sure you have a good idea what the DBQ graders will be looking for when you write your own DBQ. Hey, where can we find a good DBQ around here? Closing Thoughts: Example DBQs for AP History Tests Example DBQ essays are a valuable resource in your arsenal of study strategies for the AP history exams. Grading samples carefullywill help you get a sense of your own blind spots so you'll know what skills to focus on in your prep. That said, sample essays will be most useful when integrated with your own targeted skills prep. Grading 100 sample essays won't help you if you aren't practicing your skills; rather, you'll just keep making the same mistakes over and over again. Make sure you aren't using sample essays toavoid writing practice DBQs either- you'll want to do at least a couple, even if you only have a month to practice. And there you have it, folks. With this list of DBQ examples and tips on how to use them, you are all prepared to integrate samples into your study strategy! What's Next? Still not sure what a DBQ is? Check out my explanation of the DBQto learn the basics. Want tips on how to really dig in and study for AP history tests?We've got a complete how-to guide on preparing and writing the DBQ. If you're still studying for AP World History, check out ourtop AP World History study guide,or get more practice tests from our complete list. Want more study material for AP US History? Look into this article on the best notes to use for studying from one of our experts. Also, read our review of the best AP US History textbooks! Want to improve your SAT score by 160points or your ACT score by 4 points?We've written a guide for each test about the top 5 strategies you must be using to have a shot at improving your score. Download it for free now:
Friday, February 21, 2020
Marketing and Consumer Rights Essay Example | Topics and Well Written Essays - 2250 words
Marketing and Consumer Rights - Essay Example In addition to this, consumer rights are an important imperative in manufacturing businesses nowadays as they are an important tool for enhancement and differentiation of the product offer. The zone of tolerance has been sited as an important concept in both the service management and consumer rights literature, and has been employed to model the relationship between different expectation levels (Zeithaml, Berry, Parasuraman, 1993) and has been used to supply a range, or scale upon which to place a particular outcome. Brands however can mean different things to different consumers. These differences largely stem from the way and manner brands can be perceived or understood. A cursory review of the history of brands informs us that consumers' perceptions of brands have not been static. It has evolved over the years as understanding of the concept deepened. Amber (2000) has defined brand equity as an intangible asset built by marketing, and which exists largely in the heads of stakeholders, especially those of the end consumer. The author further pointed out that if a company got its brand equity right, profits should largely take care of it. The importance of this statement can be understood from the components that make the equity of a brand. These are brand awareness and brand image. A brand that consumers have good knowledge about and can readily recall with favorable associations is an enduring asset to whoever owns it. Furthermore, it would have favorable image and therefore well perceived. Such a brand can be said to have a higher equity or value. It is not too difficult to sell products and services with this brand name tacked on it. Higher volumes of sales at minimal costs transcend into higher profits. Hart (1998) has outlined key principles for creating and building brand names. Some of the strategic considerations she counsels brand name creators to consider borders on (i) whether the new product or service is innovative or not (ii) line extensions are planned for the future and (iii) the nature of protection the brand can afford. It has been stressed that any name chosen should ideally be easy to pronounce, understandable to consumers and also consistent with the cultural values and norms of where it is to be applied. Parasuraman et al. (1988) claims that consumer perceptions of quality of service are a result of evaluating service delivery in relation to pre-consumption expectations known as the "disconfirmation" model. Disconfirmation models are based on the disconfirmation paradigm (Oliver, 1980). Quality is therefore defined as the gap between consumer's expectations and perceptions, and a customer will perceive quality positively only when a service provider meets or exceeds his expectations. Based on this paradigm Parasuraman et al.
Wednesday, February 5, 2020
Importance of Information Management Essay Example | Topics and Well Written Essays - 1000 words
Importance of Information Management - Essay Example This is important in that it would assist the management plan on better ways of servicing its client. This supports the arguments form the paper that states that information management forms the basis for improving the studentsââ¬â¢ satisfaction and learning experience. Information is the only way through which management or the administration can interact with the students. I also realized that a channel linking the academic staff and the teaching staff or the teacher and the student is very important. Consequently, there must be a channel that should link them. It is clear that information presented in the paper support the claims made by Erlanger (2005)that states that knowledge management or information management impacts on innovation and organizational performance directly and indirectly (through an increase on innovation capability). This is because the acquisition of the right information from the clients, for this case, students would enable the management or the school a dministration to plan for the best strategies to adopt towards improving the performance of the students (Levy, 2003). Information management provides the basis for improving the performance of the employees. Based on the discussion from the paper, it is clear that in school setting, the performance of the teachers can be enhanced through course unit evaluation. Course unit evaluation is where the students fill a form that targets at exploring whether the teacher or the tutor is doing as expected. The paper reveals that although the course unit evaluation is important, most people especially the students take it lightly and hence fail delivering comprehensive information to the academic staff. This would prevent the staff from coming up with appropriate intervention measures. The paper affirms that it is possible to resolve this by imposing a forceful feedback into the system. This would make the student take the issue seriously. The time for evaluation is also very important. It is undisputable that if the evaluation is done at the end of the course, then the respondent, or rather the students may not benefit because the kind of changes that would be adopted would be possibly implemented in the next session. Because of this, it is true that appropriate and effective evaluation should be carried out in the middle of the course (Babcock, 2004). Appropriate and effective information management provides the basis for improving the performance of the client. Grading, for example, is an example in which this point becomes relevant. It is clear that grading is a means through which the management can meet the studentsââ¬â¢ needs. Just as the paper puts it, it is true that appropriate grading system should be able to motivate the student and not just to give them grade. The paper affirms that comments are imperative because it offers detailed, personalized feedback that would help in measuring progress towards strategic targets (Kanyengo, 2009). Additionally, the paper gives an insight of significance of using the online quizzes and homework tasks on blackboard. I wholly support this fact because adoption of online quizzes and homework task on blackboard would be time-consuming and also it allows provision of grade or a few generic statements of feedback. A study that was done by Liu & Cavanaugh (2011) reveals that teacherââ¬â¢s comments and feedback on the studentââ¬â¢s assignments as well as teacher-student interaction are very
Tuesday, January 28, 2020
All Roads lead to China and its economy
All Roads lead to China and its economy The article ââ¬Å"All Roads lead to Chinaâ⬠dated 5th December 2009 in The Star Bizweek focuses on Chinas rise as an economic powerhouse, with the stage set to become the largest economy of the world. Continuous rapid economic development till date has placed China right at the heels of United States and Japan. After a market-orientated reform programme in 1970s, China turned into the centre of attraction for foreign investments from all over the world. The nations importance in the global economy is evident with its government policies and local companies actions being closely monitored. The staggering population in China of 1.3 billion provides an attractive customer base besides serving as a cheap labour force. In line with a boom in the manufacturing sector, Chinas demand for raw materials also propels correspondingly. This has not only transformed the way in which commodities are traded, but also led China to indulge in the acquisition of foreign assets and the formation of alliances with resource-rich countries. Despite of downbeats ranging from the low quality of goods produced to the accusation and allegation aimed towards China, the China economy is still going strong with corporations envisioning to compete against other established international players. The introduction of the market-orientated reform programme in 1970s do clearly seems to be a masterful move which has resulted in China enjoying rapid yet encouraging economic developments over the years. In addition, with a much improved and predictable legal system in practice, the republic seems to have strummed the right note in the global economy game, with investments pouring in from different parts of the world. It is indeed amazing to think how the China economy has managed to emerge as one of the dominant force in such short time span. With such thriving potential and capacity of the China economy, no wonder it is by no boast to claim that any business considering itself to be a global player has to enter the China market, as stated in the article. The major advantage that China enjoys and has successfully utilized over the years is the huge population which provides a cheap, appealing labour force for industries, particularly the manufacturing sector. Though China is not able to match with tech-savvy nations such Japan, they have understood the population advantage which they gain over other countries and thus embark on a labour-intensive-centered economy development. On top of that, a competitive surrounding too serves as a catalyst in Chinas economic development. Low wage may seem to be a fair reason to explain Chinas competitiveness, but Kwan (2002) pointed out that the productivity of Chinese workers also has to be taken into account as a factor in Chinas competitiveness. He explains that though China pays low wage for their workers like how Bangladesh and Somalia pay their respective workers, the relatively high productivity of Chinese workers has placed their competitiveness on par with United States. This indicates why till date, there has yet to be any countries able to match up with the cost advantage of companies based or branched in China. Amidst of the advantage discussed above, there are several setbacks occurring concurrently with Chinas economic progress. The first revolves around Chinas very own legal system. Though Chinas legal system has been more consistent and predictable with businesses enjoying a smoother entrance into the republics market, it still has its flaws and could still prove to be an obstacle for companies venturing into China. Recently, BBC (2010) reported a conflict between Google and the Chinese government with the former threatening to pull out of the nation due to cyber attacks and tight surveillance by the Chinese government to limit freedom of speech in the internet. With China continuously imposing tight regulatory and censorship rules over the internet while Google holding firm to its stand of prioritizing moral concerns ahead of businesses, the conflict has demonstrated that Chinas restricted openness will to certain extent hold back the republics potential to expand its economy. Additionally, there is also the factor of quality that China has to seriously look into. The recent years have saw Chinas exports raising safety concerns all around the world. The people worldwide are basically getting cheap goods at the expense of their health and safety. At the same time, the reliability and durability of China-made products have also raised concerns and dissatisfactions from the outside world. From toothpaste to pet food to toys recalled over the years, the quality control in China seemingly to have deteriorated from bad to worse. Of all the quality flops, the most serious case saw tens of thousands hospitalized due to melamine-contaminated dairy products. The scandal not only tarnished the nations image, but it has also puts Chinas credibility and ethical responsibility into question. Moving on, Chinas domination in the global economy will soon be severely tested with the issue of inflation surfacing in line with the prosperous developments. According to Peoples Daily Online (2010), experts have been predicting inflation in 2010 and the challenge lies ahead for Chinas economy to ââ¬Ëprevent inflation and to control the inflationary expectations. With increased demand for commodities due to rising consumption power, inflation do seem inevitable for China and it would be interesting to see how the Chinese government will deal with this upcoming obstacle. Although Chinas economy has progressed immensely for the past 30 years, there are certain areas that still can be further improved to allow further expansion of the promising market. In the legal matters prospect, China could have given its legal system a thorough review to widen its doors to companies such as Google to encourage more potential investments. On the other hand, China can address to the problem of low quality goods by tightening the quality control regulation to regain consumers confidence towards China-made products. If the relevant problems have been attended and rectified accordingly, it is only a matter of time before China replaces United States at the top of the rankings. References BBC (2010) Google ââ¬Ëmay pull out of China after Gmail cyber attack [Online], Available: http://news.bbc.co.uk/2/hi/8455712.stm [accessed 11 January 2010] Kwan, C.H. (2002) The Myth of China Competitiveness, [Online], Available: http://www.rieti.go.jp/en/miyakodayori/047.html [accessed 11 January 2010] Peoples Daily Online (2010) Experts: Preventing inflation is the biggest challenges for Chinas economy in 2010 [Online], Available: http://english.people.com.cn/90001/90778/90862/6871595.html [accessed 11 January 2010] Bibliography ICIS.com (2007) China product quality under spotlight [Online], Available: http://www.icis.com/Articles/2007/08/06/9049799/china-product-quality-under-spotlight.html [accessed 11 January 2010]
Monday, January 20, 2020
Word-association in Oedipus The King :: Oedipus the King Oedipus Rex
Word-association in Oedipus The King à à à à Let us play a little game, shall we? We have all played this at one point in our lives; it's the word-association game. Think red- you may think apple. Now think green- you may once again think apple. Wait a minute, how can that be? How can two words that are unrelated have the same picture in the mind of an individual? This is the basic idea of perception. Now let us apply this basic concept to the text of Oedipus Tyrannus. The main character, Oedipus, has lived his entire life with basic preconceived notion of his own existence. Sophocles manipulates the audience's perception of Oedipus through oral dramatic presentation. "Lacan insists that dialogue is the place where a certain subject comes into being, or perhaps more properly, where the subject comes into being in a certain kind of way" (Lee 38) Jacques Lacan deals with the perception of individuals as well. However Lacan's perceptions are those dealt with in the mind of his subjects. Let us introduce Oedipus, as the subject, to Lacan the psychoanalyst. Now that the two have met in our minds' we can continue with the forum of one man's perception, Lacan's, of another man's life, Oedipus's. Lacan has two complex theories. The first is the mirror theory. This theory deals with the internal world of the subject, and the phases of the conscious as well as the unconscious mind. The second is the inability to communicate one's desires adequately through the usage of oral communication- language. In both of these simplified concepts we will delve into the mind, and the actions of Oedipus the character. Let us first discuss the mirror stage, with application to Oedipus the man. Within the mirror stage there are five phases. The first of which is the "fragmented body stage." While existing in this stage man is unaware of himself. In this dark, 'lost' state man is unaware of his surroundings as well as himself as a being. Oedipus prior to the opening of the play lives his entire life in this "fragmented" state; he is completely unaware of himself and his actions on his society. In this state Oedipus is caught up in the pomp of his title. The role of King carries an elevated perception of an idealized life (Lee 19). The next movement in the five phases is the "spatial identity.
Sunday, January 12, 2020
Contract Law: Frustration Essay
Question Martina owns two houses in Loughchester. In May, she entered into a contract with Loughchester University for it to rent the houses for the coming academic year for use as student accommodation. The University paid Martina à £750 straight away, with the rent to be paid to Martina by the University monthly in arrears. Martina then engaged Roger Roofers Ltd to carry out repairs on the roofs of the houses, to be completed by 23 September, in time for the arrival of the students. She paid Roger Roofers à £1,000, with the balance of à £3,000 to be paid on completion of the work. Consider the effect on Martinaââ¬â¢s contracts of the following events. (a) On 1 September, when Roger Roofers had completed work on the first house, but not started on the second, the second house was struck by lightning, causing a fire that destroyed both houses. (b) As in (a), but only the second house was destroyed. The first house escaped damage. (c) As a consequence of an unexpected restriction on student numbers imposed by the government, Loughchester University recruited fewer students for its courses than it had expected and had a surplus of accommodation. It told Martina on 20 September that it would not need to use her houses, and regarded their contract as at an end. It also requested the repayment of the à £750 already paid. ANSWER The doctrine of frustration applies when there is a change of circumstances, after the conclusion of a contract; consequently rendering the contract impossible to perform or depriving the contract of its commercial purpose by the occurrence of an unexpected event not due to the act or default of either party. In the event of a contact being frustrated the contract is discharged at that date. Examples of some of the unforeseen events that have been acknowledged as giving rise to frustration are destruction of the subject matter (Taylor v Caldwell (1863)), government interference (BP Exploration v Hunt (1982)), supervening illegality (Denny, Mott and Dickson v James Fraser (1944)), strikes (The Nema (1982)) and ill health (Condor v Barron Knights (1966)). The Law Reform (Frustrated Contracts) Act 1943 was passed to provide a fair appointment of losses where a contract is discharged by frustration. The main provisions in the 1943 Act are s.1(2), which deals with recovery of money paid or payable prior to the frustrating event (Gamerco SA v ICM/Fair Warning Agency (1995)), and s.1(3), which dealsà with benefits given prior to that event. However, although in certain circumstances s 2(3) of the Act allows recovery for benefits conferred prior to the frustrating event, in BP Exploration v Hunt (1979), it was held that the frustrating event has had an effect of destroying the benefit, nothing will be recoverable under s.1(3). Situation (a) In the first situation, the two houses have been destroyed. According to the Implied Term Theory Test in Taylor v Caldwell (1863), the complete destruction of the specific objects necessary for performance of the contract will frustrate it. As regards the contract with the University, for many years it was thought that the doctrine of frustration could not apply to a lease for the reason that a lease created an interest in land and that interest in land was unaffected by the alleged frustrating event ââ¬â Cricklewood Property Investment Trust v Leightonââ¬â¢s Investment Trusts Ltd (1945). However, this view was rejected by the House of Lords in National Carriers Ltd v Panalpina (Northern) Ltd (1981), it was held that a lease could be frustrated if intended use of the land became impossible. Therefore in line with this, the use of the land for the accommodation of the students was impossible to use again. Consequently the Universityââ¬â¢s obligation to pay rent will be disch arged. However can it recover the à £750 that it has already paid? According to S.1(2) allows money paid prior to the frustrating event to be returned, whether or not there is a total failure of consideration, and monies due prior to the date of frustration cease to be payable. S.1 (2) also allows for the recovery or retention of money to cover expenses incurred in relation to the contract. The extent of such an award is at the discretion of the court and is limited to the amount paid or due to be paid before the frustrating event. On the other hand, Martina will argue that she has spent money preparing the houses for student accommodation, and that she should therefore be able to retain the à £750. However in Gamerco SA v ICM/Fair Warning Agency (1995), it was made clear that just because expenses have been incurred this does not automatically mean that retention of money paid will be allowed. Hence, the court will consider all of the circumstances, before deciding what a just result is. Therefore, on the facts given, Martina may be allowed to retain some or all of the à £500 towards her expenses. Nevertheless, it should be noted that s 1(2) does notà allow her to be awarded more than the à £750 that has already been paid, even if her expenses exceed this amount. The contract between Martina and Roger Roofers will be frustrated, as the work cannot be completed. S.1 (2) provides that money paid prior to the frustrating event is recoverable; therefore allowing Martina to recover the à £1,000. However Roger Roofers may argue that its expenses far exceed the à £1,000 and that the full amount should be retained. Under s.1 (3) a just sum can be awarded by the court to Roger Roofers for the work done on the first house to compensate for this. Yet, under the common law, this would have been impossible, since the decision in Appleby v Myers (1867) established that where the obligation to pay for work does not arise until after the frustrating event, no compensation for work done is recoverable. Thus, Roger Roofers will not be able to recover anything under s 1(3), regardless of the fact that it has done half the work under the contract. Situation (b) Here it involves one house being destroyed, that is, the contract may be frustrated. As per the contract between Martina and the University, the contract can still accommodate students. It was only one house that was destroyed. However, the main issue here will be whether the contract has become ââ¬Ëradically differentââ¬â¢ from what was intended by the parties. The frustrating event rendered the contract impossible, illegal, or radically different from that which was originally agreed to (Davis Contractors Ltd v Fareham (1956)). Reference to cases such as Krell v Henry (1903) and Herne Bay Steam Boat Company v Hutton (1903), the trips round the bay could still be made. Fewer visitors were likely to avail themselves of the opportunity, and therefore the contract to hire the boat for prospective tours was likely to be less lucrative but not impossible nor fundamentally different from the performance agreed. Similarly, the contract between Martina and the University is less beneficial but there is no reason as to why it may be frustrated. Martina could argue that the contract was actually frustrated since otherwise she may be liable for breach in providing only one house, rather than two. Hence, the contract is in fact ââ¬Ëradically differentââ¬â¢, since only half of it can be performed. Thus, the 1943 Act will be applied same as in situation (a). The contract with Roger Roofers is frustrated, since the completion of its work is impossible. However the house on which theà roofing work has been done did survived the frustrating event. Consequently, Roger Roofers will use this to get compensation under s 1(3) of the 1943 Act. As Martina obtained a valuable benefit in that she now has a house with a repaired roof. Therefore, the court will consider the fact that Martina has to something to roger Roofers in addition to the à £1,000 already paid. Given that about half the work has been done, therefore a further à £1,000 might be given to him, to bring her payment up to half the contract price. Situation (c) In this situation, it was the governmentââ¬â¢s restriction on student numbers that may be regarded as the frustrating event. Therefore, this clearly affects the contract between Martina and the University; hence the contract with Roger Roofers should be disregarded. The governmentââ¬â¢s intervention can lead to the frustration of a contract. In Metropolitan Water Board v Dick Kerr (1918) involved the requisitioning of property in war time. The issue with the University is that, some students were requesting accommodation, but they allocated them to premises other than Martinaââ¬â¢s houses. However, the doctrine of frustration will not operate if the frustrating event was self-induced (Maritime National Fish Ltd v Ocean Trawlers Ltd [1935] AC 524). This limitation to the doctrine will apply even where the choice is simply, as to which contract to breach, as in the Super Servant Two [1990]. In allocating students accommodation other than Martina, the University exercised choice. Therefore the contract is not frustrated. The University has breached their contract with Martina. Consequently she will be allowed to retain the à £750 already paid. Any other losses would be recoverable, subject to the usual rules on remoteness and causation. On the contrary, under s.1(2) which allows money paid prior to the frustrating event to be returned, whether or not there is a total failure of consideration, and monies due prior to the date of frustration cease to be payable; the university might argue that they ought to recover money to cover expenses incurred in relation to the contract. The extent of such an award is at the discretion of the court and is limited to the amount paid or due to be paid before the frustrating event.
Friday, January 3, 2020
Presidential Election Of The United States Essay - 1909 Words
Presidential debates in the Unites States are a hot topic around the world. Even though American voters have the role of choosing the next president, people from many different countries tend to heed interest in the elections, due to the fact that the president of the United States has such an influence in locations around the world. People rely on the media to obtain factual information about the presidential candidates, their political stances, and interests in foreign affairs. The fact that information about the presidential candidates can be distributed worldwide by the media is wonderful. Even though this sounds wonderful, it is possible that statements during the debates, or results from them, can be portrayed with bias by the media, or even censored. So, there is a possibility that the interpretation of the American presidential candidates, by people around the world, may be altered after a debate. This change could be influenced by the debate itself, or by media releasing inf ormation about the debates. This will be performed by showing the effect debates and media have on voters in the United States of America, academic journals regarding censorship in Russian media, and ultimately comparing the results of several of the 2016 presidential debates between presidential candidates Hillary Clinton and Donald Trump, portrayed by the pro Hillary Clinton American News source, the Los Angeles Times, to Russiaââ¬â¢s pro Donald Trump Pravda Report. It is a common belief thatShow MoreRelatedPresidential Election Of United States1497 Words à |à 6 Pages1596 Presidential Elections Introduction The presidential elections of United States of America take an indirect form where citizens of the U.S who are registered as voters in one of the states in U.S which are usually 50 states, or the District of Columbia, cast ballots for Electoral College members, referred to as electors. These electors then in turn cast direct votes known as electoral votes in their respective state capitals for president and vice president positions of the United States. EachRead MorePresidential Election Of The United States Essay787 Words à |à 4 PagesElections in the United States are a two-stage electoral process; primary and general. In addition to the primaries and general elections held in even-numbered years. Candidates running under the standard of one of the major political parties must first win the party s endorsement in a primary election. The distinction between general elections and primary elections consist of primary elections being preliminary election, in which the candidates of the presidential race are designated. 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With that in mind, the candidates get to sponsor for their electoral campaigns from what type of funds and from whom? People need to know the type of character that a candidate demonstrates. America has become very demanding. ThereRead MoreU.s. Presidential Election On The United States1042 Words à |à 5 PagesThere will be a U.S. presidential election on November 8, 2016. Whether you identify as a Republican, a Democrat, or somewhere in between, there is no denying that Donald Trump and Hillary Clinton are two highly controversial candidates. While it is difficult to tell where most Americans stand on the election issue, it is easy to see that ancient Chinese Legalist thinkers would be staunch supporters of Donald Trump. 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Where this agreement usually ends, however, is on the question of who is a better fit for Presidency. While some are
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