Exemplary college essays
How To Settle On An Application Essay Topic
Friday, August 28, 2020
Journal learning Essay Example | Topics and Well Written Essays - 500 words
Diary learning - Essay Example The methodology helps with guaranteeing that the eateries the board meets all inputs and demands (Fox, 2011). I moved toward the issue through holding with the workers and deciding the hindrances to correspondence. Subsequently, I suggested instructional courses with the goal that representatives would improve their correspondence and relationship aptitudes. Authority styles ought to be utilized relying upon the circumstance and analyzed issues (Bacon, 2011). The administration business requires a methodology that guarantees cozy associations with the clients and representatives. An assigned methodology will guarantee that the dynamic procedure has been dispersed to the workers and the executives (Beatty and Hughes, 2013). Remembering representatives for dynamic procedures through arrangement of thoughts will make a capable workforce. I rehearsed such initiative styles that remembered holding with the representatives and preparing them for issues that were not to a norm. Guaranteeing worker fulfillment will expand singular creation since they won't learn about left in settling on center choices. Also, supervisors simply settle on choices while workers experience them while playing out their jobs. It ought to likewise be noticed that the achievement of preparing and instructing relies upon the methodology style of administration (Beatty a nd Hughes, 2013). Qualities incorporate being a cooperative person, self-persuaded and a characteristic chief. I have used the aptitudes in the arrangement of ability to representatives that I am accountable for at the eatery. My shortcoming is confiding in everybody effectively without having a record verification on the exhibition of the workers. I would enhance the mishap on account of another entry level position
Saturday, August 22, 2020
Climate Change in a Persuasive Essay
Climate Change in a Persuasive EssayClimate change is a major topic in a persuasive essay. It has a wide range of persuasive options. Climate change also requires a strong understanding of the causes and effects of global warming.One of the most effective persuasive essay topics for middle school students will be to tell the story of a summer vacation spent by the family dog on the beach in Florida. You will explain the benefits of summer vacation to your readers.Tell the story of how one summer, the entire family was stranded on a sandy beach for three days with no food or water and no way to communicate. The whole family huddled around their dog's food bowl, begging for some help. After hours of waiting for rescue, they received the help of a rescue boat.Tell the story of the last summer vacation before this year. You begin the summer vacation by telling how excited you were about the weather the summer before. You imagine that summer again and you want to have fun. You want to rel ax and enjoy your new experience and being able to swim in the ocean and walk along the beach without getting wet.You remember how fun the summer vacation was because you could get the whole family together. You and your friends went to visit the beach. The whole family could get together and talk and laugh. You spend time playing beach volleyball, they play football, they play baseball and you even played baseball.As you study the influences of climate change on the United States, you will find that it can cause many different types of effects. Sea level rise has affected all areas of the country and is contributing to the rise of water levels in the United States. The south is sinking due to sea level rise. Because of this fact, it may be easier for someone living in the area to notice when the beaches are becoming dry.There is also another type of climate change that can occur as well. Snowfall can cause the melting of roads and canals. When this happens, it could lead to a situa tion where there is a risk of flooding.No matter what you do, the science of climate change will keep changing. Knowing the facts will help you know the best way to convince your readers to accept the facts. The benefits of climate change to the United States and the rest of the world must be discussed in the persuasive essay.
Friday, August 21, 2020
Passive Voice Evasions and Writing Problems
Indeed, even without significance to, scholars have a method for letting detached voice sneak into their sentences. It very well may be difficult to maintain a strategic distance from. It crawls up for a few reasons. At times its to abstain from doling out fault. Different occasions its when were attempting to abstain from submitting other language structure slip-ups, for example, utilizing ââ¬Å"Iâ⬠or ââ¬Å"weâ⬠. Uninvolved voice is the point at which a sentence begins with the article and not the subject of an activity. For instance, ââ¬Å"Money must be put something aside for the trip.â⬠Who ought to be setting aside the cash? The subject is absent. Great composing is dynamic. Dynamic sentences draw in the peruser with direct language. Theyre additionally more clear: ââ¬Å"Carla must set aside cash for the trip.â⬠There, presently you comprehend who is setting aside cash and why. Here are some normal uninvolved voice avoidances, how to fix them in addition to some other basic composing mistakes to keep away from: Utilizing inactive voice to abstain from utilizing ââ¬Å"Iâ⬠or ââ¬Å"weâ⬠Rather than: It is assessed that over half of families will be influenced by the change. Change to: We gauge that over half of families will be influenced by the change. Rather than: During the endeavor, a revelation was made that could change our view of history. Change to: During the campaign, we made a revelation that could change our impression of history. There are bunches of different instances of uninvolved voice that dont incorporate such clear oversights. Truth be told, most of detached voice sentences have all the data required, however keep on utilizing inactive voice. For instance Rather than: Endowments were given by the United Way to the offspring of the town. Change to: The United Way offered endowments to the offspring of the town. Rather than: An artful culmination was painted by Michelangelo on the roof of the Sistine Chapel. Change to: Michelangelo painted an artful culmination on the roof of the Sistine Chapel. Rather than: Guidelines will be sent to you by the recruiting supervisor. Change to: The recruiting director will send you guidelines. Rather than: The ball was tossed to John by Simon. Change to: Simon tossed the ball to John. On the off chance that you happen to be an aloof voice fan, know that its not thought about great English. Authors from William Strunk Jr., George Orwell and Stephen King, have cautioned scholars to evade it. Some other basic composing blunders to look for: Subject-action word understanding Inside a sentence. Be certain that your action word is in concurrence with the subject for your sentence. Look at this guide for the most widely recognized subject action word understanding entanglements. Inside a paper. Stick with a similar subject all through the paper. Dont out of nowhere change from third (he, she, they) to second (you) or the other way around. Adages Dont use them. They can be a blemish to the teacher perusing your paper. On the off chance that you go over a clichã © in your paper, return and discover another approach to communicate a similar thought. Check this exhaustive rundown of buzzwords to ensure your not utilizing them. Sentence sections Sentence sections are the point at which a gathering of words are a needy provision going about as if they were a free statement. For instance: Jim thought he had bolted the entryway. Be that as it may, no. The second sentence ââ¬Å"But noâ⬠is a sentence part and not a full sentence. Change to: Jim thought he had bolted the entryway, however he hadnt. At the point when you wrap up a paper, focus on altering. A ton of basic sentence structure and composing mix-ups can be gotten and adjusted with cautious altering. Good karma and upbeat composition!
Tuesday, May 26, 2020
A Brief Introduction to Writing a Thesis
A Brief Introduction to Writing a ThesisWriting a thesis is similar to writing a book, the only difference being that the major difference between the two is that in a thesis there are more rules, more study and some discipline involved. A thesis, for example, would be the final product of the history teacher that has taught the student for many years, at least ten. Since most high school teachers are not looking to teach a student for another ten years, this makes for a great teaching challenge.Thesis writing requires lots of studying, practice and discipline, because, once again, the end product is much different than a book. A thesis can last anywhere from one to five years; a typical book can be written in a year. Of course, it is more work to write a thesis than a book, since every word must mean something.When you have decided on a topic for your thesis, you need to decide what you want to say. There are many possibilities, all depending on how you want to cover the topic. You could write about civil rights movements of the 20th century, or the history of early science fiction writers. Whichever you choose, make sure you really understand the subject matter and that you will put forth original ideas that will stand out.Writing a thesis is very different from a book. It requires more time and the pressure is greater. But as with any project, writing a thesis does not require that you know everything. It does require you to put forth original thought, original research and original thinking. Theses are quite expensive, and it is not uncommon for people to argue over the facts, or simply argue without proof.If you do not really believe in the topic that you are writing your thesis about, or if you do not think you will have enough time to devote to the writing, you can always hire someone to do it for you. This can cost thousands of dollars, but it can be done by a professional. Since writing a thesis does take up more time than a book, you can save some mon ey by hiring a writer, but you should still expect to spend about the same amount of time.Essays should always be completed, well researched and with the help of an essay writing service, written on a regular basis. Once you see that your writing skills have improved, you will have less time to spend researching for information or keeping up with revisions.Writing a thesis will definitely take more time than you expect. You can always try to be more organized by keeping all of your notes in one location and by making a schedule to complete all of your assignments.
Saturday, May 16, 2020
The Weight Of The World Carried By Tim O Brien - 1390 Words
The weight of the world carried by a few. ââ¬Å"The Things They Carriedâ⬠by Tim Oââ¬â¢Brien is an enthralling story about a company of soldiers, their lives; and how their actions, choices, and societal influences during the Vietnam War changed them forever. Tim Oââ¬â¢Brien used his own experiences in war to write very informative and thought provoking stories that blur the lines of reality and fiction. ââ¬Å"The guy who s narrating this story has my name and a lot of my characteristics .... I blended my own personality with the stories, he explains. But what seems as a simple transference of identity is not. [I]t isn t really me .... everything is made up, including the commentaryâ⬠(para. 10 Haswell) Soldiers carry the burden of society and life while growing up, becoming a man, and fighting for their lives. Soldiers at war have to deal with many different types of societal pressures and mental stress along with the fact that they are in a war zone. As members of the military, there are people that support you and what you are doing, and some that do not support it. Oââ¬â¢Brien uses metaphors of weight being ââ¬Å"carriedâ⬠. He uses descriptions of the actual equipment that they have to carry to perform their specific job, along with the emotional stresses that weigh a person down, grinding away at their mental strength day in and day out. Oââ¬â¢Brien makes lists letting the reader know that each character has an immense load of equipment to carry with them. These lists really connect theShow MoreRelatedThe Things They Carried By Tim O Brien1004 Words à |à 5 Pages Tim Oââ¬â¢Brien is a veteran from of the Vietnam War, and after coming home from his duty he decided to be a writer. His work ââ¬Å"The Things They Carriedâ⬠is about a group of soldiers that are fighting in the Vietnam War. The first part of the story talks mostly about physical items that each soldier carries, and also mentions the weight of the items as well. Though, there is one exception to the list of physical things. Lieutenant Cross is a character of the story, and Tim Oââ¬â¢ Brien quickly states theRead More OBrien and Fossie in The Things They Carried Essay862 Words à |à 4 Pagesage novel, or Bildungsroman. In many ways, The Things They Carried is an exemplary Bildungsroman as it carries the reader through the lives and problems of every soldier within its pages. Each man is witnessed as he goes through his own maturation and personal times of struggle and hardships. Some are focused on more than others, but each man has a story to tell, each a moral to teach. Throughout The Things They Carried, both Tim O?Brien and Mark Fossie experience a significant amount of personalRead MoreThe Things They Carried By Tim O Brien1407 Words à |à 6 Pages à à Our introduction stated that in ââ¬Å"The Things They Carried,â⬠author Tim Oââ¬â¢Brien tells us not directly of the soldiers of Vietnam, or the situations they find themselves in, but about the things they carry on their shoulders and in their pockets. These ââ¬Å"thingsâ⬠identify the characters and bring them to life.à I find that to be true as the author unfolds the stories about war and the uncommon things one carries in to war both inadvertently and on purpose.à à à As it was noted: Stories about war ââ¬âRead MoreThe Things They Carried By Tim O Brien1459 Words à |à 6 Pagestechnology such as the newly fashioned M-16 rifle and the Apache, a helicopter made for mass destruction. For the soldiers experiencing Vietnam, it was truly an experience which would shape their hearts and minds forever. As evidenced in Tim Oââ¬â¢ Brienââ¬â¢s The Things They Carried, The Vietnam War was an emotional tremor for the soldiers as they experience d deaths and created legendary tales which would define their lives, as well as future generations indefinitely. American soldiers who participated in theRead MoreEssay On The Things They Carried1624 Words à |à 7 PagesFor the seventeen Soldiers portrayed in ââ¬Å"The Things We Carriedâ⬠by Tim Oââ¬â¢Brien, the physical pain was very minimal weight to carry compared to the emotional scars that they will carry throughout their entire life. This story does an amazing job portraying full human emotion that anyone put into a situation would feel, such as heavy guilt, sadness, anger, lack of motivation, perseverance, horror, and false security. All of these are notorious feelings that every soldier back in history, and now stillRead MoreAnalysis Of Tim O Brien s The Things They Carried Essay1574 Words à |à 7 Pages To Ban or not to Ban : The Things They Carried Host: Hello and welcome to ban or not to ban, where the nations most exciting topics are discussed between opposing parties. Today we re debating whether or not to ban ââ¬Å"Tim O Brien s novel The Things They Carried. In this book author Tim Oââ¬â¢Brien depicts the Vietnam conflict by distinguishing between the role of whether or not to be a civilian or a soldier. Though the book is fictional, Tim Oââ¬â¢Brien portrays himself as a man who strugglesRead MoreThe Things They Carried By Tim O Brien Essay984 Words à |à 4 PagesVery few novels and short stories have managed to clarify, in any lasting process, the means of the war in Vietnam for America and for the troopers who served there. With The Things They Carried, author (Tim Oââ¬â¢Brien), captures the war s pulsing rhythms and trying dangers. However he goes abundant any. By moving on the far side the horror of the fighting to look at with sensitivity and insight the character of affection, courageousness and wo rry, by questioning the role that imagination playsRead MoreAnalyzing The Things They Carried By Tim O Brien1539 Words à |à 7 Pages1 Kyaw Soe Hist-10 Professor Neary 3/27/2014 Summarizing and Analyzing of ââ¬Å"The Things They Carriedâ⬠The book ââ¬Å"The Things They Carriedâ⬠is written by Tim Oââ¬â¢Brien, the author of ââ¬Å"In The Lake Of The Woodsâ⬠and ââ¬Å"Tomcat In Love.â⬠In this book, Oââ¬â¢Brien tells the details of the Vietnam war as a form of storytelling. He includes several characters in it such as Tim Oââ¬â¢Brien, Jimmy Cross, Mitchell Sanders, Henry Dobbins, Ted Lavender and so on. He starts with the primary characterRead MoreThe Things They Carried By Tim O Brien1621 Words à |à 7 PagesTim Oââ¬â¢Brienââ¬â¢s use of fictionalized writing in the delivery of ââ¬Å"The Things They Carriedâ⬠was the best writing style possible for a war story. Fiction, as opposed to a more conventional historical account, allows him to paint a more realistic portrayal of soldiersââ¬â¢ actual combat experience during the Vietnam conflict by use of imagery, real life accounts, and third person omniscient point of view. ââ¬Å"The Things They Carriedâ⬠is a story that I can personally relate to because of my service in the UnitedRead MoreThe Things They Carried By Tim O Brien865 Words à |à 4 Pagesthe pain of witnessing the horrors of the war zone reality. This may manifest as emotional baggage, a reoccurring theme in ââ¬Å"The Things They Carriedâ⬠by Tim Oââ¬â¢Brien. Emotional baggage transcends the physical weight it manifests that was in the soldierââ¬â¢s packs. Emotional baggage can manifest as something intangible, like an obsession, or take on physical weight and mass, like something that gives comfort simply by having it on oneââ¬â¢s person. However, there comes a time when the emotional baggage must
Wednesday, May 6, 2020
Compare and Contrast Ancient China and Ancient India Essay
Ancient China and ancient India are both important and interesting ancient civilizations. They are alike and unlike in many ways. Some significant ways in which ancient India and China are similar and different are religion, art, economics, politics, and social structure. Ancient China and ancient India both consider religion to be very important. The main religions of China were Confucianism, Taoism, and Legalism. The central religions in India were Hinduism and Buddhism. Both Ancient China and India had religious teachers that invented these prevalent religions. Confucius invented Confucianism, Lao Tzu invented Taoism, and Hsà ¼n Tzu invented Legalism in China. In India, Hinduism had its roots in the religious beliefs of the Aryan peopleâ⬠¦show more contentâ⬠¦China was ruled by different dynasties, which means they were ruled by different families, depending on the dynasty. India was mainly ruled by empires, which means the rulers were not always of the same blood line. Ra jaââ¬â¢s ruled in India. Rajas were princes or tribal chieftains. Meanwhile, China was ruled by emperors. Furthermore, the economy in both civilizations was important to their survival. India and Chinaââ¬â¢s populations were made up of mainly farmers. Their main cash crops were millet and rice. India and China traded via the Silk Road. Because of the geography and different weather patterns of each ancient society, China grew crops that required little moisture while India was not as restricted. India grew wheat and barley in addition to the millet and rice mentioned above. Ancient India and China imported and exported goods differently, too. India traded by camel caravans and by sea. China mainly traded via the Silk Road. Ancient China and India both had social structures that basically dictated their ways of life, too. They both had patriarchal societies. This meant that their societies were dominated by men. Family was extremely important in both cultures. In addition, Chin a and India each had their own caste system. In India, at the top of the cast system were the priests. Then came warriors, commoners, the Sudras, and the Untouchables. The caste system inShow MoreRelatedAncient Greek Architecture : The Doric Style And The Ionic Design Essay1610 Words à |à 7 PagesThere are three types of columns found in ancient Greek architecture but two of the three columns are: The Doric style and the Ionic design The Doric style is rather sturdy and its top (the capital), is plain. This style was used in mainland Greece and the colonies in southern Italy and Sicily. The Ionic style is thinner and more elegant. Its capital is decorated with a scroll-like design (a volute). This style was found in eastern Greece and the islands. 2). The ushabti (also called shabti or shawabtiRead MoreWhat Aspects Of Human Life Remain The Same Across All Three Groups2974 Words à |à 12 Pagesprotection. 6. Explain the difference between the social hierarchy and the patriarchal society of ancient Mesopotamia. Patriarchal society the parents make there children marriage arragements and social hirarchy don t. 7. What were the political, economic, and social significance of cuneiform writing in Mesopotamia and the surrounding areas? Believed in gods and people had rulers. 8. Compare and contrast the economic history of the Hebrews and the Phoenicians. The Phoenician culture was extremely tradeRead MoreSimilarities Between Buddhism and Christianity814 Words à |à 4 Pagesdevelopment and cultural communication, some controversies have emerged. Religious conflicts are characteristic examples showing the detrimental influences of cultural globalization. It is generally acknowledged that Buddhism and Christianity are ancient and global religions; however, whether the belief in Buddhism is credible or not, has sparked spirited debate. The Christian believes the Buddha is a ââ¬Å"shadowâ⬠, and he is not to be believed. Actually, there are some similarities in terms of historiesRead MoreThe Book of Songs1621 Words à |à 7 PagesThe Warring States period was a time of inner turmoil and widespread chaos in China, in which independent rebel warlords seized land and power in the absence of a centralized authority. There existed a desperate need for a so lution to effectively stop the interregional conflicts and establish order in China, and in pursuit of that goal arose the Hundred Schools of Thought. The three primary schools that were conceived during this ideological flourishing were Confucianism, Taoism, and Legalism. TheRead MoreSocial Structure Essay example1164 Words à |à 5 Pagescontrasted with the resistance to cultural change that westerners experienced in China and India. These encounters have left many legacies of change and differences in the culture today. Had syncretism not occurred or if syncretism had taken root during earlier encounters in China or India the world today would be different. Various cultural factors in would affect the outcome of syncretism tremendously. Compare/ Contrast Cultural Syncretism Cultural syncretism was active in some societies but notRead MoreComparing And Contrasting Cultures Essay1417 Words à |à 6 Pagesshould be accepting of all the different cultures on the planet. Cultures can be broken down into two categories, Eastern and Western. Eastern culture generally consists of the countries in Far East Asia. These include North and South Korea, Japan and China. They are heavily influenced by religion, more so than the West. Western culture consists of European countries and those who are heavily populated because of immigrants this category includes Canada, Mexico, and the United States of America. A largeRead MoreChattel Slavery1359 Words à |à 6 Pagesbeing the property of another person for life. This system was established by Europeans and formed the basis of transatlantic slavery With due respect to the I s good intentions, from all that I have read and studied it would be a mockery to compare Indian indentureship to African chattel slavery in the Caribbean. Firstly, Indians were allowed to retain: their family (Africans had theirs split up); their language (Africans had the use of theirs forbidden); their religion (Africans had theirsRead More Democracy: An Analysis Essay1358 Words à |à 6 Pagesgovernments using specific examples, and compare it to the failure of fascist governments in Nazi Germany and Italy and communist governments in the Soviet Union and China. Theoretically, democracy is a stable form of government where power is in the hands of the people. In a democracy, people have the liberty to elect officials that best represent their interests, and political institutions exist as a result: Benjamin Constant argues in The Liberty of the Ancients Compared with that of the Moderns thatRead MoreComparative Look At The Roman Empire And Han Dynasty Economies Essay1409 Words à |à 6 Pagesstraightforward it allowed civilizations to grow and eventually collapse. However, the two civilizations had drastically different methodologies on the exchange of market goods. These two economies will be described in order to properly understand, compare, and contrast similarities as well as their differences. The hills near the Tiber River were populated with farmers and sheepherders. It was those simple people that would set the foundation for Rome and become its first inhabitants. Those early residentsRead MoreChina And Japan During The Age Of Imperialism2077 Words à |à 9 Pages Modern Era Comparative Essay China and Japan in the Age of Imperialism 1 LENGTH: 2000-2500 words (7-8 pages) Explore secondary scholarly sources outside of your course textbooks. You must develop a thesis statement, undertake scholarly research, and integrate your findings into an argumentative essay. The type of essay is comparative; you must compare and contrast specific aspect of two nations (or cultural zones) in two different
Tuesday, May 5, 2020
Legal Studies Law of Agency
Question: Discuss about theLegal Studiesfor Law of Agency. Answer: Introduction In the present case, advised has to be provided to Tess, Paula and Sepal Co regarding the transactions that took place between the parties. Advice for Tess: in this case, Paula had expressly instructed Tess to buy 1200 climwits from Woddo Co as she needed them urgently. Paula also told Tess that the price should not exceed $12,000. However when Tess contacted Woddo Co, they told that they had no stock available at present. Under the circumstances, Tess contacted Sepal Co. they told Tess that they had a lot of stock of climwits but they sold only in lots of 1400. As they had not done any business dealings with Paula in the past, the were ready to sell to Tess only. In this regard, they were also ready to give a discount of 10% to Tess. Under these circumstances, an order was placed by Tess in her own name for purchasing 1400 climwits at a price of $16,000 along with a discount of 10%. However when Tess told Paula that she had purchased 1400 climwits from Sepal Co at the price of $16,000, Paula immediately contacted Sepal Co and told them that they should supply only 1200 climwits at a price of $12,000. Under the circumsta nces, the issue arises if the contract created by Tess with Sepal Co in her name can be enforced against Paula or in other words, if Paula is bound by this contract or not. For dealing with the presentation, it needs to be seen who can be considered as an agent. In this context, the law provides that any agent is the person who has been provided the authority to create legal relations between a third party and the principal (Shavell, 1980). Therefore, the relationship of agent in principle arises when the principal has allowed the agent to act on its behalf. In this context, the principal also owes certain contractual duties towards the agent. Therefore, while it is the duty of the agent to serve the principal obediently and loyally, it is also the duty of the principal to compensate the agent as agreed between them and also to protect and indemnify the agent against any claim, liability and the expenses that may have been incurred by the agent while performing the duties given by the principal. Advice for Paula: In view of the nature of agency relationship, there are liabilities for the principal and also for the agent regarding a third party. According to the agency law, generally the agent does not incur any liability under the contract when a contract is validly created between the principal and the third-party. On the other hand, in some cases, the agent may be held liable towards the third-party who has entered into a contract with the principal. Therefore in such cases, it can be held that the agent is liable towards the principal when the terms of the agency agreement have been breached by the agent. Similarly, the event can also be held to be liable towards the principal if the agent has acted negligently. There are a number of situations where the agent can be held liable towards a third party, and some of these situations depend on the fact if the presence of the principal has been disclosed by the agent to the third party. Therefore under the agency law, when the contractual agency arrangement has been breached by the agent, in such a case, legal action can be taken by the principal against the agent (Landes and Posner, 1987). Apart from the above mentioned liabilities, the law of agency provides that an agent can also be held liable for the tortious acts like negligence if the agent has failed to act within the scope of authority, express or implied or the apparent authority. In the present case, Paul authorized Tess to act on his behalf for purchasing 1200 climwits at a price of $12,000. Paula had also instructed Tess that she should buy the climwits from Woddo Co. But when they were not available with Woddo, Tess contacted Sepla Co and they told Tess that they have a large stock of climwits but they only sell in lots of 1400. At the same time, they also told Tess that as they had never dealt with Paul R., they will supply the Climwits to Tess only. At the same time, the price mentioned by Sepla Co was $16000 along with a discount of 10 percent. Advice for Sepla Co: In this context, the law provides that in case of the acts of the agent that fall within the actual or apparent authority of the agent, the agent cannot be held liable for these acts if the relationship of agency has been disclosed by the agent and at the same time, the identity of the principal has also been disclosed by the agent. On the other hand, the law of agency provides that when the agency has not been disclosed or partially disclosed, in such a case the agent as well as the principal will be held liable (Schiff, 1983). On the other hand, when the principal is not bound by the acts of the agent due to the lack of actual or apparent authority on part of the agent, such an agent will be held liable towards the third party in case of breaching the implied warranty of authority (Fishman, 1987). In the present case, Tess had disclosed the fact that she was acting as an agent of Paula when she wanted to purchase climwits from Sepla Co. Therefore, in the present case, the agreement formed by Tess can be enforced by Sepla Co against Paula. The issue that arises in this question is if Marco can set aside the contract that he has created with Ted. Hence, it has to be seen if an actionable misrepresentation has been made by Ted. It needs to be noted in this regard that the misrepresentation under common law overlaps with the statutory provisions related with misleading conduct. Therefore, the provisions of common law dealing with misrepresentation are practically relevant only when the provisions of Competition and Consumer Act, 2010 are not applicable or in other words, in noncommercial context. In this regard, the common law provides that an actionable pre-contractual misrepresentation is that would have been made by a party to the contract where such a party has made a false representation, whether orally or in writing or by conduct and the representation is of fact and therefore not a statement related with opinion of law or any prediction related with the future (Pentony et al., 2014). In this regard, it is also required that such a statement should have been made to the other party to the contract and similarly, the other body should have been induced by such a statement to enter into the contract. Whe re it has been established that the contract has been created on the basis of misrepresentation, the major remedy available to the other party is the recession of the contract. At this point, it also needs to be mentioned that generally damages are not awarded by the court in such cases unless the misrepresentation made by their party also amounts to a tort, or in other words it is fraudulent or negligent and therefore in such a case, damages under the tort law may be avoided by the court but they are not available under the contract (Dal Pont, 2008). Similarly, even when it has been established that a party to the contract has made misrepresentation, there are certain limits that have been imposed on the right to rescind the contract, for example, if it is not possible to restore the parties to the original position, the right to rescind the contract will not be available to the parties. In order to establish that a misrepresentation has been made by other party, the meaning of representation will be considered by the court by adopting an objective approach. Moreover, in such cases it is also required that the misrepresentation should be:- A statement of an existing or a past fact. It should be a positive misrepresentation. And There shall be reliance on the misrepresentation by the other party. Therefore the law requires that for the purpose of obtaining relief for a misrepresentation, it is required that the representation should be a statement that has been made regarding existing or a past fact. Therefore such a statement can be made by a party to the contract oraly or in writing or such statement can also be implied from the conduct of such a party. On the other hand, generally relief is not provided by the court in case of other types of statements like statements of opinion, statements that are mere puffs or the statements that are related with future intentions and the statements of law. In the same way, generally the relief will be provided by the court only when a representation has been made by the other party and it has proved to be false. This means that relief will not be provided by the courts for the failure to disclose something by the other party. However, there are certain exceptions present to this general rule, for example in cases where a duty of disclosure can be imposed on the other party. As mentioned above, in case of the pre-contractual misrepresentations, contractual remedies may be available under the common law or statutory remedies may also be available to the other party in accordance with the Competition and Consumer Act, 2010. Earlier, this legislation was known as the Trade Practices Act, 1974. However the provisions of CCA are being used more commonly because it is applicable in a wider range of circumstances and generally it is considered that this legislation provides better remedies. As mentioned above, in case of the pre-contractual misrepresentations, contractual remedies may be available under the common law or statutory remedies may also be available to the other party in accordance with the Competition and Consumer Act, 2010. Earlier, this legislation was known as the Trade Practices Act, 1974. However the provisions of CCA are being used more commonly because it is applicable in a wider range of circumstances and generally it is considered that this legislation provides better remedies. In the present case, the provisions of common law related with unconscionable conduct also need to be discussed. In this context, unconscionable conduct is also concerned with the transactions that take place between dominant and weaker parties as a result, it overlaps with provisions dealing with undue influence and duress. While unconscionable conduct has been prohibited by equity, recently there have been statutory provisions that also prohibit unconscionable conduct. According to equity, it will intervene if an advantage has been taken by one party, of the special disability from which the other party was suffering (Terry and Giugni, 2009). Such disability can be illiteracy, lack of education, advanced age or a combination of such factors. At the same time, it is also required that the transaction created by unconscionable conduct should be harsh and oppressive for the weaker party. Therefore when unconscionable conduct has been established, the weaker party has a choice to avoid such a transaction. Similarly the Australian Consumer Law also prohibits unconscionable conduct. These provisions are present in Part 2-2, ACL. These statutory prohibitions are also based on equitable notion of unconscionable conduct and in this way, they extend the range of remedies that may be available to the weaker party that hasn't suffered unconscionable conduct. In the present case also, Merco was a migrant worker who had arrived in Australia only seven months ago. At the same time, it also needs to be noted that Merco could not read or write English but he can hardly speak and understand English. This created a lot of problems for Merco at his workplace and therefore he has also joined an English-language program that was being conducted by the NSW government. Under these circumstances, Merco met the sales representative of Eddo Publishing Co. who told him regarding the monthly magazine being published by his employer. Ted claimed that a lot of teachers were using this magazine or teaching English in their classes while the reality was Ted only knew regarding one English teacher who was using this magazine. At the same time, Ted also made a statement to Merco according to which, a number of employers have recommended their migrant employees that they should get a subscription to this magazine. But in reality, this statement was not true. Te d made another untrue statement according to which, only a limited number of subscriptions were present and they were only given to the persons who were selected by Ted. In this way, as a result of the above-mentioned untrue statements, Merco became ready to enter into a contract with Ted for the subscription of the magazine. Then Ted asked Merco to sign a contract that had 90 clauses and was 10 pages in length. This contract included a provision according to which the subscriber has agreed for an additional fee to purchase binders for the copies of the magazine each year. The presence of this clause in the contract was not brought to the notice of Merco. Under these circumstances, Merco told Ted that he could not make out most of the clauses of the contract and therefore he would like to take the help of a solicitor friend who can explain the clauses of the contract to him. But Ted told Merco that there was nothing significant and if Ted waited for one more day, he will not get the subscription to the magazine. Under these circumstances, it can be said that Merco was induced by the untrue statements made by Ted to enter into the contract for the subscription of the magazine. As a result, Merco can rescind the contract as it has been created as a result of the misrepresentations made by Ted. References Dal Pont, G. E., 2008. Law of Agency, 2nd ed. Chatswood: LexisNexis Butterworths. Fishman, S. (1987) "Inherent Agency Power -- Should Enterprise Liability Apply to Agents' Unauthorized Contracts?" Rutgers Law Journal 19: 1 Landes, R. and Posner R. (1987) The Economic Structure of Tort Law , Cambridge, Mass.: Harvard University Press, 1987 Pentony. B., Graw, S., Lennard, J., and Parker, D., 2014, Understanding Business Law, 7th ed. Australia: Lexis Nexis. Schiff, M. (1983) "The Undisclosed Principal: An Anomaly in the Laws of Agency and Contract," Commercial Law Journal , May 1983, 88: 229-237 Shavell, S. (1980) "Strict Liability versus Negligence," Journal of Legal Studies , January 1980, 9:1-25. Terry, A., and Giugni, D., 2009. 'Business and the Law - 5th edition', Cengage, South Melbourne, Australia
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