The Growth of American Government from the End of...

In the past, the nation’s government took the â€Å"laissez-faire† approach to dealing with the economy and/or free market affairs. The government intervened as little as possible, asserting the belief felt that if left alone, economic problems would be resolved without government interference. However, this approach was not guaranteed, and at times, the government had to put aside the â€Å"laissez-faire† approach of the past. The government had no other choice but to intervene in these instances to return balance to the economy and protect its citizens it served. The government changed both its approach and its size through programs initiated by the Industrial Revolution, New Deal programs during and following the Great Depression, and World†¦show more content†¦Its purpose was to address the problem of the railroad monopolies by setting guidelines on how they were to conduct business: by charging just and reasonable rates for shipping and passeng ers, banning discounts and rebates, illegalizing price discrimination against small markets, and most importantly, it established a five member panel to investigate and hold the railroad executives accountable for breaking the laws of the act.3 During the building of the Transcontinental Railroad, the railroads themselves created a large market for the steel and iron industries.4 The steel and oil industries were booming and corruption was rampant. Andrew Carnegie had cornered the market in the steel industry and John D. Rockefeller had cornered the oil market. Rockefeller bought up his competition after essentially putting them out of business by flooding the market with refined oil bringing down prices and profits. He was determined to pay no one a profit because he wanted it all for himself. He created a plan called vertical integration which consolidated his businesses into one by creating The Standard Oil Trust.5 These two men became known as barons and got rich beyond belief. In 1890, the Government enacted the Sherman Anti-Trust Act to prevent large firms from controlling one single industry and finally put a stop to these monopolies and trusts, 6 but it was not rigorously enforced until the 1900’s. Thi s act was designed to restore competition andShow MoreRelatedWorld War I, The Great Depression And Its Aftermath1004 Words   |  5 PagesWhen considering time between 1865 and 1945, United States history evolved and differed from period to period. 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Crossing Af Mark Slouka Essay - 950 Words

Crossing The short story, ‘Crossing’, is written by Mark Slouka in 2009, and takes up father and son relationship together with man vs. nature. From the beginning of time fathers have taken their sons on camping trips or similar to pass on their knowledge about how to conquer Mother Nature. But more important it binds them closer together, and this is exactly these two purposes the father here wishes to obtain. Through a third person limited narrator the reader is presented to a father who has a hard time in life after a divorce from his wife. Therefore he is now determined to find something that matters and has set his heart on maintaining a strong and sound relationship to his young son, ‘when he looked at her she shook her head and†¦show more content†¦As mentioned the author also makes use of setting to create the right mood, exactly because the story is set near the raging river which, together with the barn, are described with words that usually give associations to death, ‘there was something about pitching a tent inside that skeleton’ (74-75). Furthermore the father constantly has to calm himself down, because the current makes him nervous, ‘he was thinking too much’ (100-101). Despite that is nature at the same time also described as the totally opposite; as beautiful and magnificent, ‘and sometimes, if you were quite, herds of elk wou ld graze in the meadow at dusk’ (31-32), because father and son have great experiences in nature. Men become very small when confronted with the powers of the Earth. Another contrast is the one between the son and the river, since the boy is introduced as fragile and small, and the river as great and ominous. Even though the father, who remains unnamed, has a feeling that the trip might end badly he does not call it off, because he is in such an in-between place in his life where going back is not an option, ‘for a moment he considered pulling out, explaining †¦ but there was nowhere else to go’ (39-40). He needs to do this to get some meaning back with his existence. But

Term Of The Contract OFFICE PRO X9 Samples †MyAssignmenthelp.com

Questions: 1.Is it a term of the contract that the OFFICE PRO X9 is an amazing chair and/or the best on the market? 2.Is it a term of the contract that the OFFICE PRO X9 provides sufficient lower-back support to allow Peter to work comfortably the whole day? 3.If it is a term of the contract that the OFFICE PRO X9 provides sufficient lower-back support to allow Peter to work comfortably the whole day, what kind of term is it? 4.Does the exclusion clause, clause 10, prevent Peter from suing Forever Furniture for breach of contract because the OFFICE PRO X9 was not providing sufficient back support to work the whole day? Answers: 1. The terms of the contract are used for deciding the rights and obligations of the parties to the contract. Apart from the contractual terms, there are certain representations that are made by the parties in order to induce the other party to enter the contract. For instance, in case of advertisements, there are several claims made regarding the advertised product by the manufacturers. Some of these claims can be mere sales puffs. The exaggerated sales talk is generally referred to as sales puff. When such a statement is made, the maker of this statement does not intend that other people will believe the statement literally. Therefore, terms like "best in the world" or "nothing beats it" are not mentioned seriously so that they will be taken literally by the others. Due to this reason, any reasonable person can easily identify a statement to be mere sales puff and would not rely on such a statement (Peel and Treitel, 2011). Due to this reason, thelaw of contract provides that a sal es puff, cannot be treated as a representation made under contract. Hence thelaw provides that a remedy is not available in case the other party finds that the statement was untrue (Khoury and Yamouni, 2010). In this scenario, it has been mentioned in the advertisement of OFFICE PRO X9 that it is the best. Therefore the statements made by Samantha when she cl aimed that at the price of the $350, the deal was the steal and moreover. He also claimed that nothing beats OFFICE PRO X9 were mere sales puffs. These statements are not serious enough so that any reasonable person would have relied on these statements mentoring to the contract. As a result, it can be stated that these statements were not a term of the contract. That was created by Peter with Forever furniture for purchasing the chair. 2. A statement has been made by Samantha that OFFICE PRO X9 provides significant lower back support due to which people can comfortably work throughout the day and if this statement can be considered as a term of the contract that was concluded between Peter and Forever Furniture. While taking a look at the terms of a particular contract, it is very important to consider the statements that have been made by the parties before entering into the contract. In the same way, the post-contractual conduct may also result in producing rights and obligations of the parties, other than the contractual terms that have been decided by the parties. In this way, the law provides that usually a false pre-contractual statement will result in the liability of the party making such statements. In this regard, it needs to be mentioned that the contractual terms can be described as express terms and implied terms (Atiyah, 2000). The express terms are the terms of the contract that have been decided by the parties when they are going to enter into the contract. According to the, in case of a breach of a term of the contract, certain remedies may be available to the innocent party. For considering a particular statement as a contractual term, it should be intended by the parties to the contract that the term will be of promissory nature. For this purpose, the intention of the party needs to be determined objectively. In some cases, the pre-contractual statement may also be treated as a representation (Graw, 2011). There are some cases where the parties did not intend that such representation should be of promissory nature. However, when it is discovered that the representation was false, the innocent party has been provided certain remedies by the common and also by statute law. Hence the common law provides that when a contract has been created due to a false representation, the innocent party as the right to rescind the contract (Beatson, Burrows and Cartwright, 2010). As a resu lt in this case also, Samantha told Peter that the chair provided very good support to the lower back. By relying on this representation, Peter had decided to purchase the chair. Therefore now Peter can claim the remedies that are available under the law, including rescinding the contract. 3: Under the contract law, the contractual terms have been classified as conditions and warranties. However there is also a third category of innominate terms. This category was created by the court in Hong Kong Fir Shipping v Kawasaki Kisen Kaisha [1962] 2 QB 26. However, the main two categories are conditions and warranties. A condition can be described as a contractual term if the breach of such term results in giving a ride to the innocent party to terminate the contract. In such cases, the law provides that the innocent party may also claim damages. On the other hand, when a contractual term falls in the category of warranty, the law provides that in case of a breach of such term, the other party is not provided the right to terminate the contract. Therefore in such cases, it is available to the party to claim damages but it cannot terminate the contract (Sweeney, OReilly and Coleman, 2013). On the grounds, it can be said that the major difference that exists between a condition and the warranty is that a condition is a basic term of the contract (Poussard v Spiers, 1875). Such term goes to the very heart of the contract. But when a statement or assurance has been made concerning a factual issue, usually it will be treated as a warranty (Bettini v Gye, 1875). There is also a third category of innominate terms. In such a case, the remedy that may be available to the innocent party depends on the effect of the breach. Therefore, when a significant effect is present as a result of the breach, the other party is given the right to terminate the contract. If this is not the case, then the court only provides the right to claim damages and such party cannot terminate the contract. The terms of the contract also fall under the category of express terms and implied terms. Under the contract law, express terms can be described as the terms that are particularly stated by the parties when they are going to enter into the contract. The express terms can be oral or in writing. The implied terms are the terms that are implied in the contract even if the parties have not mentioned these terms. Still these terms are treated as a part of the contract (Baxt, Fletcher and Fridman, 2008). Generally, the reason behind the implied terms is that in the absence of the term, there will be no commercial meaning of the contract. As in this case also, if it is considered that a term of the contract that Office Pro X9 gives sufficient support to the lower back, which would have allowed Peter to continue working for the whole day, this term as to be classified as a condition. Consequently, it can be said that this term is a basic term of this contract. Peter would not have purchased this chair, if he knew that the chair did not provide sufficient back support and it was not made of leather but synthetic material. Therefore, this is term is a condition. 4: An exclusion clause provides that one party to the contract cannot be held liable even if a particular thing happens. Such a clause is generally mentioned in writing. Therefore, an exclusion clause is used to exclude or reduce the liability of a party regarding the conduct that can otherwise be considered as a breach of contract or such conduct may amount to a tort (Sweeney, OReilly and Coleman, 2013). The purpose of an exclusion clause is to modify the main obligations of a party or to exclude or restrict the liability of a party that may otherwise arise for a breach of contract regarding the obligations of third party that require that the contract needs to be performed in accordance with the terms. An exclusion clause is considered as valid by the law and the law allows the party to rely on the exclusion clause if two conditions are fulfilled. It is required that the clause has been properly added in the contract and the exclusion clause is legal. The exclusion clause is treated as being properly incorporated in the contract if the clause is not added in the contract after the formation of the contract. In case of a signed contract, containing the exclusion clause, generally it is considered that the clause is a part of the contract (Collins, 2003). When no sign the contract is present, printed documents like receipts or signposts can also be used to mention the exclusion clause. Such exclusion clause can also be valid if it has been brought to the attention of the other party before the contract (Harris, Hargovan and Adams, 2013). Another requirement is that the exclusion clause should be permitted by the law. The consumer legislation has imposed several obligations on the businesses. The law does not allow the businesses to exclude these obligations by incorporating an exclusion clause in the contract. On the basis of the above-mentioned discussion, it can be decided in this case also the exclusion clause incorporated as clause 10 of the contract provides that Forever Furniture will not be liable if there is a breach of warranty. But as mentioned above, apart from the requirement of being properly incorporated in the contract, it is also required that the exclusion clauses should be legal. Therefore the legal obligations imposed by the statute cannot be excluded by an exclusion clause. Hence, Forever Furniture cannot rely on this clause, in case of a breach of warranty. References Atiyah, P.S. 2000, An Introduction to the Law of Contract, Clarendon Baxt, R, Fletcher, K Fridman, S 2008, Corporations and associations: cases and materials, 10th edn, LexisNexis, Butterworths, Sydney, New South Wales Beatson, J., Burrows A and Cartwright, J., 2010, Anson's Law of Contract 29th edn OUP Collins, H., 2003, Contract Law in Context 4th edn CUP Daniel Khoury, Yvonne Yamouni, 2010, Understanding Contract Law, 8th Edition, LexisNexis Butterworths Harris, J, Hargovan, A Adams, M, 2013, Australian corporate law, 4thedn, LexisNexis Butterworths, Chatswood, New South Wales Peel E and Treitel, G.H. 2011, Treitel on the Law of Contract 13th edn Sweet and Maxwell Stephen Graw, 2011, An Introduction to the Law of Contract, 7th Ed., Thomson Reuters Sweeney, B, OReilly, J Coleman, A, 2013, Law in Commerce, 6thedn.2015, Australian Corporations Legislation, LexisNexis Butterworths Sweeney, OReilly Coleman, 2013, Law in Commerce, 5th Ed., LexisNexis Bettini v Gye (1875) L.R. 1 QBD 183 Poussard v Spiers (1875) L.R. 1 QBD 410