Wednesday, January 29, 2020
Symbolism of the Novel Mice of Men Essay Example for Free
Symbolism of the Novel Mice of Men Essay In this short Novel Of Mice and Men, author John Steinbeck uses symbolism to demonstrate the hardships that people had to deal with during the Depression. Rabbits represent Lennieââ¬â¢s dreams and the impossibility of it being fulfilled. Rabbits are a fraught symbol: we know Lennie is excited about them because theyââ¬â¢ll be furry and lovely to pet, but we also know that Lennie tends to hurt whatever he pets. Rabbits are simply Lennieââ¬â¢s hopes and dreams and the rabbits are revealing his every thought. When George first tells Lennie about their dream farm, it is Lennieââ¬â¢s trigger to tell him about the rabbits. When George thinks about the farm he thinks of freedom from working; not worrying about surviving and happiness because they wouldnââ¬â¢t have to worry about them starving because they would have all the things to plant and raise livestock. For Lennie, it is only about the soft things. Through evidence, the audience knows these rabbits will likely be added to Lennieââ¬â¢s telltale trail of small and dead animals, symbolizing Lennieââ¬â¢s inability to see patterns in his life and to recognize that failure is imminent. This doesnââ¬â¢t bode well for him and he knows it. Mice represent the false hope of a safe space for Lennie or as comfort. When Lennie was comfort he would pet something he thought that was soft, and he links them to his Aunt Carla. Mice also make it very clear that he suffers from hurting something he loves so dearly. In the title it gives a huge hint that this book has to do with mice and the first one we encounter is a dead one. And that gives us a huge indicator that Lennie doesnââ¬â¢t really care or worry about death, all he cares about is comfort. Remember at the ending he would be more comfortable dead by his own friendââ¬â¢s gentle hand than with a violet end form Curley. Also know that symbolism are not just about animals in this novel, the settings are a huge factor in symbolism too. Like the pool by the river is the place where this story began and where it also ended too. It is a safe place free from people and where Lennie and George can be their regular selves without getting judged. The dream farm is symbolic of Lennie and Georgeââ¬â¢s friendship. It is the only thing that keeps them together and keeps them working for other people so that they would be free, even if times were hard they would push through it. It is, ultimately, their version of heaven, so that when Lennie kills a human being, their chances of going to heaven or their dream house is forever ruin. Steinbeck is a great writer beacues he incorporates symbolism in his books. He makes things symbolize beyond their literal meaning. Rabbits are represented as dreams, mice are the false hope that Lennie clings to and these are relatable to anyone now. These hardships during the Deprression can be carried over to now because of Steinbeckââ¬â¢s use of symbolism.
Tuesday, January 21, 2020
Lincoln, Labor and Liberation Essay example -- United States History L
Lincoln, Labor and Liberation The free labor ideology of the nineteenth century was grounded in the beliefs that Northern free labor was superior to Southern slave labor. The key factor that made this system unique was ââ¬Å"the opportunity it offers wage earners to rise to property-owning independence.â⬠[1] It was this free labor ideology and not the republicanism of the Revolutionary War era that caused slavery to be problematic by the time of the Civil War. This ideology was comprehensiveââ¬âit had economic, social, moral, and political aspects. All facets of the theory need to be explored in order to fully understand how and why slavery became such an important issue. Free labor became the center of the Republican ideology in 1852, with the foundation of the Republican Party. It was the result of the economically expanding, enterprising, and competitive society of the early nineteenth century. The word ââ¬Å"laborâ⬠had slowly begun to take on new meaning. Previously, it meant only those who were involved in the production of goods. Society was strictly divided into two main groups, those who worked and those who profited from the work of others. By the 1840s, the wage-earning labor class was defined as the entire North. It was made up of those men who owned their own farms, worked their own soil, were educated, and most importantly, were independent. Free labor ideology drew few distinctions between classes. A laborer was a craftsman, a merchant, a small businessman, or a farmer. Northern society offered opportunities to all who sought them, and enabled most to achieve independence and property. Northerners believed this economy would lead to a more equal distribution of wealth, rather than aid the development of a... ...onville, ââ¬Å"The Abolitionistsâ⬠, December 3, 2001 [10] Foner, 111 [11] Foner, 235 [12] Richard D. Brown, Major Problems in the Era of the American Revolution, 1760-1791 (Boston: Houghton Mifflin Company, 2000), 409 [13] Brown, 410 [14] Joseph J. Ellis, Founding Brothers: the Revolutionary Generation (New York: Alfred A. Knoph, Publisher, 2000) 158 [15] Kevin Tanner, ââ¬Å"Sectionalism: 1850sâ⬠, lecture given at Binghamton University December 5, 2001 [16] Brown, 274 [17] Brown, 281 [18] Brown, 282 [19] Ellis, 81 [20] Ellis, 158 [21] McConville, ââ¬Å"Slavery From Rebellion to Revolutionâ⬠, November 5, 2001 [22] McConville, ââ¬Å"From Jacksonian Democracy to Sectional Conflictâ⬠, November 28, 2001 [23] James M. McPherson, Battle Cry of Freedom: the Civil War Era (New York: Ballantine Books, 1988), 28 [24] Foner, 309
Sunday, January 12, 2020
Law Enforcement Today Essay
Many police departments are facing budget problems, forcing them to cut their police force down. Many officers are being asked to do things they normally donââ¬â¢t do such as patrolling. Police departments are also facing increasing crimes due to the poor economy. More people are engaging in criminal activities. Local and small agencies interact with the communities that they patrol on a daily basis. Sharing information between agencies are important not only for Home Land Security but for the publicââ¬â¢s safety as well. Law enforcement agencies are using The Home Land Security Information Network which allows them to securely collaborate with partners across the country. Law enforcement professionals also use HSIN to share information including Be on the Lookouts (BOLOs), Requests for Information (RFIs), For Your Information (FYIs), Intelligence Reports, and other Law Enforcement Sensitive documents. HSIN allows users to create and distribute messages to large, mission-specific contact lists. This rapid, secure information exchange provides law enforcement professionals with critical intelligence as they conduct work in the field (ââ¬Å"Homeland Security Information Network ââ¬â Law Enforcement Missionâ⬠, n. d. ). The purpose of this State and Local Fusion Center Concept of Operations (CONOPS) is to establish a framework for a comprehensive, coordinated and consistent approach for outreach by the Department of Homeland Security (DHS) to State and Local Fusion Centers (SLFCs). This CONOPS outlines DHS processes relating to SLFC support including intelligence and operational information flows and interactions, deployment of officers, component integration, and identification of SLFC requirements, technical assistance and training. DHS will also ensure outreach, communication, and integration with other multidisciplinary partners (i. e. , fire service, public health, and emergency management), to further ensure and facilitate information sharing between SLFCs and these disciplines. This CONOPS will be periodically reviewed and modified as additional processes are implemented and refinements identified The CONOPS provides transparency into DHS support to SLFCs. The CONOPS also: ââ¬â Furthers the goals of the Director of National Intelligence (DNI) and the Program Manager Information Sharing Environment (PM-ISE) to develop and support a national information sharing environment and network of fusion centers. Underscores the role of the Under Secretary for Intelligence and Analysis as the Executive Agent for DHS SLFC Program and DHSââ¬â¢s representative to various Federal Senior-level advisory groups providing guidance and support to fusion centers. ââ¬â Defines the roles and responsibilities of the State and Local Program Management Office (SLPO) to execute the DHS SLFC Implementation Plan and to lead DHS outreach to SLFCs which includes, but is not limited to, the assignment of DHS intelligence analysts and officers and the provision of tools to the fusion centers nationwide. The SLPO serves in the central coordination role for DHS interaction with SLFCs. ââ¬â Institutionalizes the Single Point of Service (SPS), a coordinated Office of Intelligence and Analysis/Office of Operations Coordination and Planning business process, developed to ensure all SLFC inquires are responded to expeditiously by the appropriate elements within DHS and there is accountability for this transactional activity. An assumption circulating within information sharing discourse is that the effectiveness of information sharing can be measured in terms of information flow, distribution, timeliness, coordination, and related system performance measures. 44 The Information Sharing Environmentââ¬â¢s (ISE) stated mission is to ensure the ability of agencies to share information ââ¬â but just who is responsible for ensuring that such abilities to share information tangibly improve preparedness remains unclear. This study indicates that using system performance measures and capabilities to assess the effectiveness of information sharing is inadequate and potentially wasteful and misleading. In developing metrics to assess the benefits of information sharing, officials must engage in the difficult task of relating system use to tangible improvements in preparedness. Information-sharing initiatives also unfold within varying budgetary constraints and divergent funding priorities. As a result, future research needs to address how financial and structural conditions influence information-sharing processes and practices. This study also suggests the need for comparative and longitudinal research of information sharing. However, future studies that attempt to construct concrete variables for hypothesis testing may similarly confront the contingency of the meanings of information sharing and preparedness. Although information sharing and preparedness are socially-defined concepts, their meanings can be mapped within different organizational contexts and across time using both qualitative and quantitative methods. Doing so can potentially assist policy makers and practitioners assess the utility of information-sharing strategies and the impact of associated organizational change efforts.
Saturday, January 4, 2020
20 Fun Oxygen Facts for Kids
Oxygen (atomic number 8 and symbol O) is one of those elements you simply cant live without. You find it in the air your breathe, the water you drink, and the food you eat. Here are some quick facts about this important element. You can find more detailed information about oxygen on the oxygen facts page. Animals and plants require oxygen for respiration.Oxygen gas is colorless, odorless, and tasteless.Liquid and solid oxygen are pale blue.Oxygen also occurs in other colors, including red, pink, orange, and black. There is even a form of oxygen that looks like a metal!Oxygen is a non-metal.Oxygen gas normally is the divalent molecule O2. Ozone, O3, is another form of pure oxygen.Oxygen supports combustion. However, pure oxygen itself does not burn!Oxygen is paramagnetic. In other words, oxygen is weakly attracted to a magnetic field, but it doesnt retain permanent magnetism.Approximately 2/3 of the mass of the human body is oxygen because oxygen and hydrogen make up water. This makes oxygen the most abundant element in the human body, by mass. There are more hydrogen atoms in your body than oxygen atoms, but they account for very little mass.Excited oxygen is responsible for the bright red and yellow-green colors of the aurora.Oxygen was the atomic weight standard for the other elemen ts until 1961 when it was replaced by carbon 12. The atomic weight of oxygen is 15.999, which is usually rounded up to 16.00 in chemistry calculations.While you need oxygen to live, too much of it can kill you. This is because oxygen is an oxidant. When too much is available, the body breaks excess oxygen into a reactive negatively charged ion (anion) that can bind to iron. The hydroxyl radical can be produced, which damages lipids in cell membranes. Fortunately, the body maintains a supply of antioxidants to combat day-to-day oxidative stress.Dry air is about 21% oxygen, 78% nitrogen, and 1% other gases. While oxygen is relatively abundant in the atmosphere, it is so reactive it is unstable and must be constantly replenished by photosynthesis from plants. Although you might guess trees are the main producers of oxygen, it is believed about 70% of free oxygen comes from photosynthesis by green algae and cyanobacteria. Without life acting to recycle oxygen, the atmosphere would conta in very little of the gas! Scientists believe detecting oxygen in a planets atmosphere may be a good indication it supports life, since it is released by living organisms.It is believed much of the reason organisms were so much larger in prehistoric time is because oxygen was present at a higher concentration. For example, 300 million years ago, dragonflies were as large as birds!Oxygen is the 3rd most abundant element in the universe. The element is made in stars that are around 5 times more massive than our Sun. These stars burn carbon or helium together with carbon. The fusion reactions form oxygen and heavier elements.Natural oxygen consists of three isotopes, which are atoms with the same number of protons, but different numbers of neutrons. These isotopes are O-16, O-17, and O-18. Oxygen-18 is the most abundant, responsible for 99.762% of the element.One way to purify oxygen is to distill it from liquefied air. An easy way to make oxygen at home is to put a fresh leaf in a cup of water in a sunny spot. See the bubbles forming on the edges of the leaf? Those contain oxygen. Oxygen may also be obtained through the electrolysis of water (H2O). Running a strong enough electric current through water gives the molecules enough energy to break the bonds between hydrogen and oxygen, releasing pure gas of each element.Joseph Priestly usually gets credit for discovering oxygen in 1774. Carl Wilhelm Scheele likely discovered the element back in 1773, but he didnt publish the discovery until after Priestly made his announcement.The only two elements oxygen doesnt form compounds with are the noble gases helium and neon. Usually, oxygen atoms have an oxidation state (electric charge) of -2. However, the 2, 1, and -1 oxidation states are also common.Fresh water contains about 6.04 ml of dissolved oxygen per liter, while seawater only contains about 4.95 ml of oxygen.
Friday, December 27, 2019
Modern Historical Debate Surrounding The Anglo-American
Modern historical debate surrounding the Anglo-American Atlantic slave trade stems directly from the publication of Eric Williamsââ¬â¢ transformative Capitalism and Slavery in 1944. Dismantling with fierce efficacy the long-dominant interpretation of abolition as a function of humanitarian enlightenment, Williamsââ¬â¢ thesis instead contends that after providing the material foundation and trade infrastructure for Europeââ¬â¢s industrial revolution, slavery had fulfilled its purpose and was thus replaced by capitalism as an economic modality. Though radical for its time and considered insufficiently empirical for ours, this analysis of emancipationââ¬â¢s conceptual underpinnings has served as the touchstone for successive scholarly works on theâ⬠¦show more contentâ⬠¦From this foundation, with the hope of effectively communicating these contrasting perspectives in a manner that portrays the macroeconomic consequences of slavery in the British Atlantic, it will fi rst provide a brief synopsis of the tradeââ¬â¢s recognized origins, and then analyze in turn the profitability of trade connected to slavery, changes to labor forces, the role of social pressure, and finally the relationship between slavery and capitalism. As Eric Williams directly establishes in Capitalism and Slavery, ââ¬Å"unfree labor in the New World was brown, white, black, and yellow; Catholic, Protestant, and paganâ⬠. Stimulated by an abundance of cheap land and a dearth of workers, the origin and initial expansion of African slavery in New World plantation economies was not a racially motivated circumstance, but rather an economic phenomenon. Native and European populations in the 16th and 17th centuries were simply not capable of meeting the accumulative labor demands of sugar, tobacco, and cotton plantations, and from a production standpoint, the cost of cultivating these particular crops was appreciably reduced on larger-scale enterprises ââ¬â the profitsShow MoreRelatedEssay on American Music at the Turn of the 20th Century2103 Words à |à 9 PagesTo understand whether an ââ¬ËAmericanââ¬â¢ music emerged out of traditions in the turn of the 20th century, we need to focus on the term ââ¬ËAmericanâ⠬⢠and what musical genres fall under that category. For one, America, in a cultural sense, is seen as one huge ââ¬Ëmelting potââ¬â¢, an amalgamation of cultures, ethnic traditions, beliefs and styles of music. It is very difficult to label one genre under the category of American music, as a vast amount of styles, in historical terms, have come about from a mixture ofRead MoreRethinking Mercantalism Essay15042 Words à |à 61 PagesBritish Empire, and the Atlantic World in the Seventeenth and Eighteenth Centuries Author(s): Steve Pincus Reviewed work(s): Source: The William and Mary Quarterly, Vol. 69, No. 1 (January 2012), pp. 3-34 Published by: Omohundro Institute of Early American History and Culture Stable URL: http://www.jstor.org/stable/10.5309/willmaryquar.69.1.0003 . Accessed: 06/09/2012 12:18 Your use of the JSTOR archive indicates your acceptance of the Terms Conditions of Use, available at . http://www.jstorRead MoreThe Origins Of The Cold War2356 Words à |à 10 PagesWestern blocs respectively. Despite this being such a pivotal point in modern history there is a lack of clarity stemming from much debate regarding the catalyst for the Cold War and the ââ¬Ëstartââ¬â¢ as it were is instead referred to as the origins. This is a debate made additionally difficult due to the inconsistencies that lie between what actually occurred, the perception of the events and their contemporary historical interpretations. Though there is not general consensus between historiansRead MoreEssay on Fundamentalism and Inerrancy of Scripture5400 Words à |à 22 PagesFundamentals. These brochures responded to a certain number of discussions that had been animating American Protestantism over the preceding half a century. In the beginning, Protestant evangelical churches , although they had their differences, shared a certain common perspective, but toward the end of the 19th century three debates tore them apart. The first one occurred as a number of liberal- and modern-minded Protestants accepted Darwinian theories of evolution. The second one was due to the teachingRead More Citizenship and The French Revolution Essay7066 Words à |à 29 Pagesrevolutionaries drew up the Declaration, they wanted to end the traditions surrounding hereditary monarchy and establish new institutions based on the principles of the Enlightenment. The Enlightenment brought the application of scientific laws and formulas to society through the use of obse rvation and reason rather than religion or tradition. The Declaration ââ¬Å"brought together two streams of thought: one springing from the Anglo-American tradition of legal and constitutional guarantees of individual libertiesRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words à |à 656 Pageseds., The New Left Revisited David M. Scobey, Empire City: The Making and Meaning of the New York City Landscape Gerda Lerner, Fireweed: A Political Autobiography Allida M. Black, ed., Modern American Queer History Eric Sandweiss, St. Louis: The Evolution of an American Urban Landscape Sam Wineburg, Historical Thinking and Other Unnatural Acts: Charting the Future of Teaching the Past Sharon Hartman Strom, Political Woman: Florence Luscomb and the Legacy of Radical Reform Michael Adas, edRead More Eighteenth Century Religious Change in Uncle Toms Cabin and Moby Dick5788 Words à |à 24 PagesReligious Change in Uncle Toms Cabin and Moby Dick The central religious themes of Uncle Toms Cabin and Moby Dick reflect the turbulent and changing religious climate of their time. In their use of themes from both traditional Calvinism and modern reform, the syncretic efforts of both of these texts offers a response to the uncertainty and change of the period. However, their uses of these themes are different; while Stowe used a precise focus on a Christian polemic against slavery, MelvilleRead MoreBritish Culture11529 Words à |à 47 PagesPeople in England and lowland Scotland were mainly of Germanic origin Languages spoken in Celtic areas: - Irish Gaelic, Scottish Gaelic and Welsh Languages spoken in Germanic areas: Germanic dialects (including the one that has developed into modern English). Why is England so dominant: - The system of politics is identical in all four nations - The English language is identical in all four nations - The English customs and practices are dominant in all four nations. Union Jack Read MoreJurisprudential Theories on IPR13115 Words à |à 53 Pages[*289] Part III, is relatively foreign to Anglo-Saxon jurisprudence. Instead, its origins lie in continental philosophy, especially the work of Georg Wilhelm Friedrich Hegel. n4 Part III argues, however, that more familiar civil rights doctrines, specifically rights of expression and privacy, also can provide a foundation for personality theory in intellectual property. This civil rights justification serves, in large part, as a bridge from American legal doctrines to the more abstract personalityRead MoreGlobalization and It Effects on Cultural Integration: the Case of the Czech Republic.27217 Words à |à 109 Pagescom. CHAPTER ONE: DEFINITION OF TERMS. Going back to the topic of our thesis, ââ¬Å"Globalization and effects on cultural integration in the Czech Republicâ⬠, there is the need to define what globalization actually is. With the growing debate of what when the globalization phenomenon began and it actual meaning, some social science theorists have come forth with the definition of globalization both from the classical and the contemporary era. 1.1 Definition of Globalization Walters
Thursday, December 19, 2019
Human Immunodefinciency Virus (HIV) Essay - 1108 Words
People who are sexually active often take Sexual Transmitted Disease (STDs) such as Syphilis, Gonorrhea, and Chlamydia for granted. However, the real concern comes to play when an individual is diagnosed with Human Immunodeficiency Virus (HIV). Just the mere thought of finding out or the possibility of being HIV positive can make a person stress and begin to question themselves. ââ¬Å"How do I tell my family?â⬠ââ¬Å"How can I build a family now?â⬠ââ¬Å"What will my new partner will think of me?â⬠That is only the tip of the iceberg of the physical, mental and emotional torments of the personââ¬â¢s life. Where did HIV come from? Scientists believe that a type of chimpanzee in West Africa was the source of HIV infection in humans. They classified theâ⬠¦show more contentâ⬠¦Ã¢â¬Å"The most popular way to transfer the virus from one person to another is horizontal transmission, some example of this transmission are blood to blood transmission and sexual transmission. Another way to transmit the virus is through vertical transmission such as prenatal transmission is an example of vertical transmission. (ââ¬Å"Transmission of HIVâ⬠Health Reference Center)â⬠Untreated, HIV is almost universally fatal because it eventually overwhelms the immune system that can ultimately lead to AIDS. Treatment of HIV can help people who are infected at all stages and can slow or prevent progression from one stage to the next. Please note a person can still transmit HIV to others during any these stages. The first stage is acute infection: during this period of infection huge amounts of HIV are being produced in the body. The virus then begins to use vital immune cells called CD4 which are part the white blood cells to make more copies of the virus while destroying the cells in the process. This stage is very critical because the HIV disease is at its all time highest. Within 2 to 4 weeks after infection with HIV an individual may feel ill with possible flu-like symptoms like fever, sore throat and rash. This is the bodyââ¬â¢s natural response to the HIV infection which is also called Acute Retroviral Syndrome (ARS). However, not everyone experience any kind of symptoms or develop ARS. Second stage is the clinical latency (inactivity or
Wednesday, December 11, 2019
Contracts Created by Electronic Means The Essential Conditions
Question: Discuss about the Contracts Created by Electronic Means for The Essential Conditions. Answer: Introduction: Under the contract law, the essential conditions for an agreement to become a lawful contract are, that there should be offer and acceptance between the parties making the agreement, some consideration must have been paid and the parties had the intension to be bound by the contract to male it legally enforceable. These essential requirements/conditions of a contract were stipulated so as to make a typical agreement wherein terms and conditions are drafted on paper. It would have been difficult for our ancestors to have imagined the internet world, wherein people try to look for quick ways of entering into business transactions by forming contracts[1]. Therefore in the present times the issue that arises with the ease of making contractually binding relationships through emails or online contracts is the determination of the essential requirement of contract, i.e. intension of the parties to be bound by the contract and other problems that arise are the place and time of formation of the contract as it is not yet been made clear as to when would the agreement be said to have been formed, when the e-mail has been sent or when the receiver reads it (similarly in all kinds of other online contract formation) and also the place of contract so as to determine the jurisdiction in cases of breach of it. General Principles of Formation of Verbal and Written contract Offer and Acceptance: As explained above the ingredients of formation of contract are the offer and acceptance, the contract becomes binding when the acceptance has been made. Under the law of contract the acceptance is completed when the communication of such acceptance is conveyed to the other party[2]. The actual communication of the acceptance of the offer ensures that both the parties are aware of the contractual relationship that they are getting into reflects their intension of being binding by the contract. This is the principle when contract formation takes place in written format on paper[3]. Revocation: The law also provides for revocation of the acceptance, but it is necessary that the communication of the revocation takes place before the communication of the acceptance reaches the offeree. Otherwise the contract becomes binding as per the rules of common law. But in cases of internet transaction when the offer and acceptance can take place simultaneously the principle of revocation becomes difficult to be implemented. Time: the time of formation of contract becomes extremely important when the contract pertains to the changing of any condition within the contract due to factors that are dependent on time. This is usually the case of contracts that are based on market change in either rates of the goods/services for which the contract has been made or any other relevant factor that might change due to the change in the market conditions[4]. In such instances the determination of the exact time of formation of contract is necessary, for example if the contract is for the sale of gold at market price and during the time of offer and acceptance the price changes in the market then it would be disputable between the parties as to the acceptance of the rates at which the contract was intended to be made binding. In case of contracts formed through e-mails or other electronic means the same problem arises[5]. Place: place of contract is relevant in contract formation as that determines the jurisdiction of the courts and the laws that would be implemented on the formation of that contract if there is a breach of the same. Under the common law the rules is that where acceptance takes place that place becomes the place of contract formation and the jurisdiction of that place is taken in case of litigations arising out of the contract. In case of electronic contract formation the place of acceptance could be any place as the person communicating the acceptance can be anywhere while making the acceptance and the acceptance could be received at a completely different place. Electronic Transaction Act 1999 The UNCITRAL Model Law for Electronic Commerce of 1996, brought the implementation of electronic means in contract formation. On the lines of the said model the Electronic Transaction Act was implemented in Australia to catch up with the changing trends of e-commerce. Under the Act, electronic documents and signatures have been made legal where by law hard copies of the said documents along with signatures are required. The Act makes the formation of contract through electronic means valid, although the formation was wholly or partly done through electronic means[6]. Types of electronic contracts: E-mails: this is the most commonly used method of contract formation by exchanging information and communicating through e-mails. Extensible MArkup Language (XML) Contracts[7]: this is an electronic tool of contracting wherein documents are in a certain markup language that contains information about the contract. It also contains negotiation tools and can be processed easily through machines. Click to agree contracts: these are the most widely seen contracts oven the internet. Whenever you open a web page a dialogue box pops up wherein certain term (s) are given with the option of clicking on to the agree would mean acceptance of the contract and simultaneously the contract is formed. The details of such contracts are sent via e-mail which is automatically generated when the information is confirmed. Creation of contracts through electronic means: Offer and Acceptance: After the implementation of the Electronic Transaction Act, the contracts formed through electronic means have now been made binding. According to the rules under the Act, when the offeror makes an offer either through email or advertisement over the internet, the acceptance of the same is said to have been communicated when the communication of the acceptance comes to the attention of the offeror, according to Section 14 (4) of Electronic Transaction Act 1999[8]. Another important point in case of electronic offers is that the offers made on the internet are not termed as offers in the sense of law of contract. These offers are mere invitations to offer. Revocation: in case of electronic contracts also the rules of revocation are the same as in case of common law. Revocation of offer can be done any time before the communication of acceptance is received and the revocation of acceptance can be done at any time before the acceptance of the offer reaches the offeror. Therefore the offers made on internet or through electronic means can be revoked before the acceptance of the same is received by the offeror, also where the offer and acceptance take place simultaneously the revocation of the offer is to be done before the acceptor acts to his detriment. Time: the crucial factor is the determination of time in case of electronic formation of contracts[9]. Determination of time of communication of acceptance makes the contract binding and the revocation is not possible after that as has been held in Great Northern Railway Co v Witham (1873) LR 9 CP 16. Under Section 14 (4) of Electronic Transaction Act 1999, it has been stated that receipt of communication occurs when the communication comes to the attention of the offeror, but, this would implicate that the offeror can deliberately not read his e-mails so as to avoid its correspondence. This would make the determination of the formation of time at the whims of the offeror. However, the legislatures have drafted the Act in a way to avoid such mischievous acts of the offeror. The act stipulates under Section 14 (3) that for the purpose of determination of time of receipt of communication is the time when the electronic communication/message enters the information system i.e. the email- address of the offeror. Place: the place of formation of contract in cases of e-commerce or contracts made via e-mails the place or jurisdiction under which the contract is said to have been formed is the ordinary place of business of the offeror and offeree. The communication of offer and acceptance takes place at their place of business and if the place of business is not there then their place of residence. This has been done so as to avoid the problems that arise due to the information system as the communication sent from one place would be retrieved from some other place which would always dispute the question of the determination of place of communication. Contracts can be formed through e-mails have also been considered as binding contracts. In case of Stellard Pty Ltd Anor v North Queensland Fuel Pty Ltd[10], Supreme Court held that the contract made through exchange of emails in the present case was binding as the e-mail stipulated all the terms of a contract, also that the contents of the e-mail suggested that the parties intended to bind themselves with the terms of the contract and act in accordance with it and the acceptance e-mail was also sent in this regard along with the agreement on the terms of due diligence. Therefore all the essential conditions of a contract were fulfilled [11]. Issues with formation of contracts by electronic means: Electronic Signatures: In order to form a contract it is important that both the parties have the intention to become binding by it. Signatures of both the parties on the contract validates the fact that the parties had read and understood the terms of the contract and have signed in due consonance of being bound by the said terms laid in the contract. Hence, signatures of the parties in a contract become extremely relevant, although contracts can be made without the parties signing any written document or even verbal contracts can be made effective[12]. However, signatures also play an important role. The one issue with electronic contract formation is the use of electronic signatures; issues of place and time have been made clear by the legislation under the Electronic Transaction Act. However, the use of digital/ electronic signature is an issue as it is of evidentiary value under Statute of Frauds[13], the attestation via signatures makes the document legally binding, and reliance can be placed on the sign made by the person on the documents so as to become a warrantor of the same. The problem is with the identification of the signatures as the electronic signatures can be used by other people misusing the system and the veracity of it cannot be cent percent be proven. Also, Australia has recognised the use of digital signatures; however there are many countries that have not ratified the use of electronic means for forming contracts. In cases of e-mails the question arises as to the signing of the email only via writing down ones name on any appropriate part of the mail would validate that the signor intended to authenticate the entire mail through those signatures. This issue was dealt with in the case of Mehta v J Pereira Fernandes[14], wherein a mail was sent for accepting the terms of the offer by only writing the name of the sender in the heading of the mail. Although a written contract was sent for the same but it was not signed. The sender had accepted that the mail was sent by an authorised person from his office. In appeal it was held that, only inserting the name of the sender in the heading of the mail would not mean that the sender intends to comply with each and every part of the mail that has been mentioned in the text. Therefore to show that he intends to comply with the entire mail it is necessary that the signatures of the sender, i.e. his name must be reflected at the end of the mail [15]. Jurisdictional issues: the problem of jurisdiction arises in case of contracts made electronically. This is an important issue as in case of disputes or breach of terms of contract the court will determine the issues, however for that to happen it is necessary to know under what jurisdiction the contract would be said to have been formed. Under the Electronic transaction Act, the issue of time and place has been dealt with in Section 14, however the sections do not make it clear as to the place of formation of the contract. It only clarifies he place of communication of offer and acceptance[16]. According to the principles enumerated above it can be seen that the difference between electronic contracts and other forms of contracts is that the electronic contracts are a faster method of contracting and are a easy way in cases of business transactions wherein the contracting involves parties from different places. Electronic means ensures that the parties do not have to meet every time in person to verify the contract as digital or electronic signatures can be done in electronic contracts. Also, the contract could be made effective through e-mails also. Conclusion: Contracts created through electronic means have been facilitated through the Electronic Transactions Act, 1999. Australia has implemented the UNICITRAL model code through the Electronic Transactions Act in every state through separate legislations based on the same outline. Although there are a few issues as to the validation of the electronic contracts and jurisdictional issues in this regard, but the ease of contracting and the saving of time by the business sector has prompted the growth of the electronic means of contracting and brought about various legislative changes in determination of the laws with regard to electronic contract formation. References Electronic Transactions Act, 1999. UNCITRAL Model Law for Electronic Commerce of 1996. Stellard Pty Ltd Anor v North Queensland Fuel Pty Ltd Queensland Supreme Court (2015). Mehta v J Pereira Fernandes [2006] EWHC Doris, Martin, "Promising Options, Dead Ends And The Reform Of Australian Contract Law" (2013) 34 Leg Stud (Soc Leg Scholars). Radan, Peter and John Gooley, Principles Of Australian Contract Law (LexisNexis Butterworths, 2009) Beale, H. G,Cases, Materials And Text On Contract Law(Hart Pub., 2010) Delaney, Hayden and Briar Francis, Electronic Signatures And Their Legal Validity In Australia Findlaw.com.au https://www.findlaw.com.au/articles/5777/electronic-signatures-and-their-legal-validity-in-.aspx Blount, Simon,Electronic Contracts(LexisNexis Butterworths, 2009) Hogg, Martin,Promises And Contract Law(Cambridge University Press, 2011) Christensen, Sharon, "Formation Of Contracts By Email - Is It Just The Same As The Post?" (2001) 1 QUT Law Review. Tyree, Alan L, Electronic Signatures Austlii.edu.au https://austlii.edu.au/~alan/electronic-signatures.html Christensen, Sharon, "Electronic Contract Administration Legal And Security Issues Literature Review" (2006) https://www.construction-innovation.info/images/pdfs/Research_library/ResearchLibraryA/Literature_review/Final_Literature_Review_22_November.pdf McKendrick, Ewan,Contract Law(Oxford University Press, 2010) Smits, Jan M,Contract Law(Edward Elgar, 2014) Stephenson, Graham,Core Statutes On Contract, Tort And Restitution(Palgrave Macmillan, 2011)
Subscribe to:
Posts (Atom)