Friday, December 27, 2019

America s Military Presence Is Necessary Overseas

The protection of citizens’ lives, foreign or domestic, is a critical necessity. As a result, the military is the most important organization in a country. In America, for instance, $598 billion is spent each year on the military (â€Å"Federal†). Because this is such an expensive, important, and dangerous topic, it is often debated. One of the most common arguments is whether or not America’s military presence is necessary overseas. Due to its foreign benefits, positive domestic effects, and overall creation of World Peace, the negative side of the argument is outweighed. America’s military presence in foreign countries is necessary. First of all, any war that could occur would most likely be kept in foreign nations. On September 11, 2001,†¦show more content†¦If a hostile action did take place, it will also contain most acts of terrorism, violence, and even wars in the foreign countries that are responsible for them. As a result, the citizens of America would be able to live carefree lives. In addition to foreign affairs, a domestic military presence can be used to support a foreign military presence. Many natural disasters occur each year in the United States, and it is important to help those in need. One of the worst natural disasters in America’s history was Hurricane Katrina. â€Å"By the time Katrina made landfall on August 29, 2005, America’s military was mobilizing for emergency response† (Berthelot). The most important benefit of this is the fact that soldiers save many lives from floodwaters, earthquake-shaken regions, and even areas scorched by wildfires. The military has equipment that regular citizens do not, and this is demonstrated by the lowered casualty statistics. In addition, the military often helps to rebuild structures and get the region back on its feet. As a result, individuals are able to continue to enjoy their lives. The same effects of a domestic presence would occur as a re sult of a foreign presence. Foreign citizens would be able to continue their lives even after disasters. America’s military also helps with domestic hostile occurrences. Recently, Ferguson consistently experienced riots and violence due to the shooting of an African American. The

Thursday, December 19, 2019

Fahrenheit 451 Symbolism - 1240 Words

Fahrenheit 451, by Ray Bradbury is a futuristic novel, taking the reader to a time where books and thinking are outlawed. In a time so dreadful where those who want to better themselves by thinking, and by reading are outlaws as well. Books and ideas are burned, books are burned physically, where as ideas are burned from the mind. Bradbury uses literary devices, such as symbolism, but it is the idea he wants to convey that makes this novel so devastating. Bradbury warns us of what may happen if we stop expressing our ideas, and we let people take away our books, and thoughts. Bradbury notices what has been going on in the world, with regards to censorship, and book burning in Germany, and McCarthyism in America. That is what he is speaking†¦show more content†¦We know the damn silly thing we just did. We know all the damn silly things weve done for a thousand years and as long as we know that and always have it around where we can see it, some day well stop making goddamn fu neral pyres and jumping in the middle of them. We pick up a few more people that remember every generation. (163) br brFire is another great example of symbolism. Each of us has our own image of fire burning within us, and depending on experiences, it could be positive or negative. Fire has a dual image in the book, a symbol of destruction, and a symbol of warmth. For Montag, fire has been good to serve the purpose of being a fireman. Fire has become a symbol of good in Montags mind, and a solution to all problems. Capt. Beatty has taught Guy that fire is the solution to everything, it destroys books, andus, and depending on experiences, it could be positive or negative. Fire has a dual image in the book, a symbol of destruction, and a symbol of warmth. For Montag, fire has been good to serve the purpose of being a fireman. Fire has become an image of destruction in the eyes of Montag. Guy believes that fire is good, and that fire symbolizes the solution, the ultimate solution to all of the worlds problems. When in reality, fire destroyed books, it destroyed homes, it destroyed people, it destroyed Capt. Beatty, it destroyed Montags house, and in the end, it destroyed the city from which Montag barelyShow MoreRelatedFahrenheit 451 - Symbolism1432 Words   |  6 PagesSymbolism in Fahrenheit 451 Ray Bradbury, perhaps one of the best-known science fiction, wrote the amazing novel Fahrenheit 451. The novel is about Guy Montag, a ‘fireman who produces fires instead of eliminating them in order to burn books (Watt 2). One night while he is walking home from work he meets a young girl who stirs up his thoughts and curiosities like no one has before. She tells him of a world where fireman put out fires instead of starting them and where people read books and thinkRead MoreSymbolism in Fahrenheit 4511468 Words   |  6 PagesSymbolism in Fahrenheit 451 Ray Bradbury, perhaps one of the best-known science fiction, wrote the amazing novel Fahrenheit 451. The novel is about Guy Montag, a #8216;fireman#8217; who produces fires instead of eliminating them in order to burn books (Watt 2). One night while he is walking home from work he meets a young girl who stirs up his thoughts and curiosities like no one has before. She tells him of a world where fireman put out fires instead of starting them and where people readRead MoreFahrenheit 451 symbolism paper1535 Words   |  7 Pages American Literature 11 11 November 2013 Symbolism in Fahrenheit 451 Ray Bradbury, the author of the well-known science fiction novel Fahrenheit 451, was alarmed by how much time he felt the public devoted to watching television in the 1950’s. â€Å"If this [trend of television watching] goes on†¦Ã¢â‚¬  he wrote, â€Å"nobody will read books anymore† (XIII). This thought of a television-obsessed future public frightened Bradbury. He was particularly fearful of how technology might prevent people from formingRead MoreThe Symbolism of Fire in Fahrenheit 451790 Words   |  4 PagesThe Symbolism of fire in Fahrenheit 451 Fahrenheit 451 by Ray Bradbury describes a dystopian society where firemen instead of putting out fires, light them in pursuit of vanishing all books. The protagonist of the novel, Guy Montag, is a fireman that started questioning his beliefs about love, society and mainly questioning his job as an enemy of books, and the use of fire. This essay will discuss how does Montag understands fire through the novel and how fire is presented in the book. Read MoreFahrenheit 451-Symbolism Essay645 Words   |  3 PagesThroughout English literature there are a number of authors who use symbolism to get a point across to the reader. Symbolism is a chance for the author to show the reader instead of tell. The futuristic book Fahrenheit 451 is a novel based around symbolism and ulterior meanings. Water and fire are symbols commonly used in all types of literature. These elements are especially apparent in mythology. Also, within the novel the parlor walls proved themselves to be more than what was initially apparentRead More Fahrenheit 451 - Symbolism Essay examples1350 Words   |  6 Pages Symbolism in Fahrenheit 451 Ray Bradbury, perhaps one of the best-known science fiction, wrote the amazing novel Fahrenheit 451. The novel is about Guy Montag, a ‘fireman’ who produces fires instead of eliminating them in order to burn books (Watt 2). One night while he is walking home from work he meets a young girl who stirs up his thoughts and curiosities like no one has before. She tells him of a world where fireman put out fires instead of starting them and where people read books and thinkRead MoreSymbolism : Fahrenheit 451 By Ray Bradbury1144 Words   |  5 PagesSymbolism is a technique that literary adds meaning to stories through the use of objects or events portrayed to represent something else. The reason behind the use of symbolism is eluding something s meaning without sighting on the obvious. The in-depth analysis of the use of symbolism will feature in a short story-Fahrenheit 451 (Fenton). Fahrenheit 451 is a science fiction artistic work of literature that makes use of symbols in the reflection of the humanity journey revived in a dystopian societyRead MoreSymbolism Of Ray Bradbury s Fahrenheit 451868 Words   |  4 PagesSymbolism in Fahrenheit 451 Ray Bradbury once stated, â€Å"I never consciously place symbolism in my writing. That would be a self-conscious exercise and self-consciousness is defeating to any creative act †¦ During a lifetime, one saves up information which collects itself around centers in the mind; these automatically become symbols on a subliminal level and need only be summoned in the heat of writing.† (The Paris Review). Bradbury’s may not have consciously placed symbolism in Fahrenheit 451,Read MoreSymbolism in Fahrenheit 451 by Ray Bradbury Essay example745 Words   |  3 PagesSymbolism is a major literary device that helps people see a book through symbols that often have a deeper meaning. A symbol is used to explain something in a different way, using images, objects, etc. instead of just saying it in words. As you search for a deeper meaning in a work of art or literature it can help you understand the authorÂ’s intentions and the deeper significance of a work. In Fahrenheit 451 by Ray Bradbury, symbols help reinforce the major themes of the book. Fire and flamesRead MoreTheme Of Symbolism In Fahrenheit 4511016 Words   |  5 PagesRay Bradbury was one of the most popular science fiction authors of the twentieth century. He was able to bring his world alive in the minds of his intended audiences. In one of his more popular novels, Fahrenheit 451, the world seems more gloomy than it does in today’s time. In this futuristic world, books and knowledge are severely disgraced. It is against the law to have any book of any kind in your possession. Paul Trout says this is because books disturb people by posing questions and books

Wednesday, December 11, 2019

Contracts Created by Electronic Means

Question: Discuss about theContracts Created by Electronic Means. Answer: Introduction A contract is a voluntary understanding in between two or more parties which is enforceable by law. A contract arises due to formation of agreement, consideration, legal capacity, intention, and certainty which are the five essential elements. Both the parties should be capable to enter into an agreement under the existing law. Minors, intoxicated person, mentally insufficient person cant enter into a contract. Mutual consent is essential for forming a contractual relationship in between parties[1]. The world is witnessing a changed manner of doing business due to increase use of technology. The internet has become an important medium to conduct business within or outside the country. This has created urgency and given rise to complex jurisdictional problems and formed variety of consumer protection issues. A clear purpose for the enactment of the Electronic Transaction Act 1999 by the Commonwealth Parliament is due to increase use of internet in conducting business[2]. The act is a part of the commonwealth governments strategic structure for protecting the economy in the age of technology. It ensures that the people enjoy the social and economic rights under any circumstance[3]. The act was enforced on 15 March 2000 and is made on the United Nation Commission on International Trade Laws Model Law on Electronic Commerce (UNCITRAL). It was adopted under the guidelines of the experts referring issues related to e-commerce[4]. The law safeguards the interest of people by removing the legal obstacles to use electronic communication for business[5]. Each state and territory has effectively enacted the complimentary legislation as a part of national uniform system. The legislation is based on two practical theories which are: functional equivalence and technology neutrality. Functional equivalence treats both the paper and electronic transactions on same parameter. Technology neutrality doesnt differentiate in between different type of technology. The extensive range of electronic communication includes communication through fax, email, messages or any other electronic medium. A contract is a basic necessity for any transaction in a business. It is a union connecting two or more people to discharge a legal obligation under a valuable consideration. A contract can be created with a variety of methodologies like exchange of communication by post, verbally, or by completion of formal documents. An oral contract is valid as per the law provided there is no specific requirement of a written contract. The beginning of the information age has changed the form of communication of business. There are various ways to create an electronic contract either through e-mail or by using the website[6]. The electronic contracts are divided in three major categories. Sale of physical goods is where the goods are ordered online and payment is made via internet. The customer gets the normal delivery at their doorstep. Sale of digitized goods takes place in sale of the software, where the buyer receives the goods online. Supply of services takes place in online banking, financi al consultancy, and consumer advice. The services are made available online by the service provider.The indication of lowest price[7] doesnt constitute to an offer to sell. In the case of Fisher vs. Bell it was constituted by the court that display of goods with the price label in a shop is not an offer. It will be treated as invitation to treat. The offer is made when the customer present the item to the cashier. Acceptance altogether happens when the payment is made. In the case of Harvey vs. Facey[8] difference between the offer and supply of information was stated. The Privy Council mentioned that mentioning the lowest price to the party doesnt constitute an offer, however it will be considered as mere negotiation. There are five essential of a valid contract which binds the parties under an obligation. It is necessary to make a valid offer to the other party. The other party must accept the offer to create a contractual relationship. The parties should have mutual concern regarding creating contractual relationship which involves consideration. The terms of the contract must be certain. All the essential of the electronic contract are similar to the contract law but under the electronic law, offer and acceptance are considered separately. It is significant to understand when and where the contracts are formed as it influences the privileges of the parties to the contract and helps in deciding the authority in case of disputes. New section 13(1) (a)[9]summarizes the detail information about e-contracts which means dispatch occurs when the information is transmitted. The postal acceptance rule is exclusion to normal contractual principles which are accepted due to delay in time. The contract is formed when it is accepted by the other party. In case of contract through electronic form (email) a contract shall be created when an offeree presses send rather than an offeror giving his acceptance. Time and place is important while accepting the contract. In the case law of Tallerman Co Pty Ltd v Nathan's Merchandise it was stated by the court that the actual obligation to a contract starts when the acceptance is communicated; it creates a legal relationship in between the parties. In the offer is not completed until and unless an acceptance is received to the offeror[10]. When the contracts are formed through electronic medium, it is difficult to establish the moment of creation of the contract. While creating an electronic contract, determining the time of acceptance and formation directly affects the contractual rights of the parties. For example in sale of good through online sale, sending the acceptance is a critical transaction. Under the common law it is necessary to have a deemed receipt whereas in case of electronic communication, when the information is received by the addressee. In the case of Entores Ltd v Miles Far East Corporation the court stated that posting rule doesnt apply to the acceptance made by telex as it is an instantaneous form of communicating information. The court held that this type of acceptance doesnt led to contractual relationship[11].However new section 13(1) (b)[12] states that the time of dispatch is determined when it is acknowledged by the addressee. In the case law of Henthorn vs. Fraser it was stated by the court that claimant is entitled for specific performance. According to the ordinary usage of postal services, the acceptance is completed when the letter is posted. In the case of Adam vs. Lindsell it was stated by the court that the origin of postal acceptance rule regards to the acceptance, [13][14]and any form of acceptance should be communicated expressly to an offeror, however if the letter of acceptance is posted , it is regarded as accepted. In the case law of Leach Nominees Pty Ltd v Walter Wright the telex machine was used to send the acceptance was used by the third party. The acceptance was considered to be dispatched when the sender gave the message to the telex operator, not when it was sent. In a recent case law it was stated by the Supreme Court that the negotiation made through email are enforceable agreements. The email negotiation between a vendor and an authorized representative is a subject to a contract. It further stated that it binds the party into a contract satisfying the requirements of the Property Law Act 1974(Qld) (PLA). Further the court stated that subject to the parties have agreed on the purchase price, the deposit etc. binds the party into a contract. In the famous case of Stellard Pty Ltd Anor v North Queensland Fuel Pty Ltd it was stated by the court that the Expression email exchange suggests that the party are agreed on the terms and conditions attached with the contract. The email exchange suggests that the parties are willing to fulfill the requisite terms and conditions[15]. Offer and acceptance are essential elements to form a contract. They both are necessary ingredients to bind the party in a contractual relationship. The offer will become a contract when the acceptance is received from the other party. In Carlill v Carbolic Smoke Ball Co the court stated that the offer[16] which is made through various forms like newspaper advertisement, letter, fax, email etc. are explicit offer which held that advertisement containing certain terms and conditions regarding reward binds offeror in a contractual relationship. Section 14B of the act states the provisions concerning Invitation to treat electronic contracts. The internet and technology has changed the way of conducting business. Various websites are indulged in carrying online business which creates a contractual relationship in between the seller and buyer. By putting any product for display on internet is an offer as per the definition mentioned in the act. The act states that any good which is displayed for sale online binds the seller in a contractual relationship. Display of goods on internet is a general offer to the public where any party can ask for purchase. This creates a legal obligation on the party to perform the contract by delivering the goods.Section5 (1)[17] of the Principal Act states the provisions related to generalized offers. An unaddressed proposal made randomly is regarded as an offer. The law defines three kinds of mistakes in a contract: the unilateral mistake, the bilateral mistake, and the common mistake. The mistaken offer makes the contract either voidable or void-ab-initio. Under this act section 15D[18] applies in relation to the statement, declaration, as well as an offer and acceptance of an offer. In case of an error committed by a natural person or through a self-created message system, the party has the right to leave the part of the mistake. It is the duty to inform the other party about the error occurred at an initial stage. An offeree hasnt withdrawn any benefit from the mistaken offer. The right to withdraw the part of electronic communication doesnt provide the other party to rescind the contract. The consequence of the withdrawal of the portion of the electronic communication is determined by the law. In case of unfair contract terms the plaintiff has the rights to terminate the contract, to vary the contract terms, and to allow the other party to avoid the obligation. The acts provide legal assistance in case of dispute due to unfair means of contract. In case of financial services one can make complaint to the Australian Securities and Investment Commission. They provide legal assistance in case of financial misconduct. In case of other type of contracts the plaintiff can make a complaint to the Australian Competition and Consumer Commission (ACCC) or Office of Fair Trading. Both the organization helps in safeguarding the rights in case of online misconduct. In the case law of Hartog v Colin Shields it was stated by the court that unilateral mistakes in the terms of an offer does not simply means the offers and to be able to enforce it. Moreover where the other person is aware about the unilateral mistake made by the offeror he should not take an advantage of such mistake. Electronic Transactions (Victoria) Act 2000 safeguards the interest of the plaintiff under inappropriate conditions. Disputes arise in between the parties due to involvement of a considerable sum. In case of dispute the parties have right to address it through arbitration or mediation. This will help both the parties to appoint a mediator to resolve the complex issues. ADR has a major role to play in future due to up gradation in technology and software. It was stated by E C Lide in his paper in the year 1996 that ADR will play a major role in resolving disputes arising out of technology. The internet ADR system will help in online solution of the dispute in the presence of experts. This model works well in ICANN Uniform Domain name[19]. The only evidence in an electronic transaction is the computer generated documents. It creates problem as it is difficult to amend data in the system. In case of e-commerce there is a risk of alteration of the data. In other words if the veracity of the electronic data is not ensured, the overall value of the contract will not remain the same. The only solution to the problem is using digital signatures. We all know that the technology is growing at a rapid rate which has led to generation of electronic tools like digital signatures. An electronic signature is signature used in case of electronic data transmission. They are recognized both in Australia and in other countries. They have the same effect as the handwritten signatures. Digital signature[20] is unique electronic identities which make them more trusted and secured way of authorization of the electronic contracts. It transforms the document using cryptography. It helps in ensuring that if any party tries to change the infor mation attached, the verification process will ensure that this situation doesnt arise. The court protects the party in case of any such misconduct. Moreover, with the advancement in technology it is highly suggested that the digital signatures will lose their authenticity due to chances of data interference. It is highly recommended to update the technology when and where it is required. The companies should change their signing and encryption keys in number of occasion because of the chances of failure in technology due to advancement. In the case law of Mehta v J Pereira Fernandez it was stated that the present various guidelines and security management system which ensures the safety of the data.The name written in the end of an email can be considered as the digital signature[21]. Its status is as similar as the hand-written signature Computer and technology has changed the scenario of conducting business. Internet has become a popular place to exchange goods and services. The society understands the increasing trend of e-commerce where majority of sales are carried online. There is however some challenges attached while conducting electronic business. The electronic transaction act defines the scope and the legal rights of the parties to the contract. It discusses the remedies available to the parties in case of non-performance. In the age of global competition the electronic contract is a tool used to perform oversea business. It consists of all the general scope attached with the legislation and explains the duty of the parties to the contract. References Alan L Tyree, Electronic signatures. https://austlii.edu.au/~alan/electronic-signatures.html Andy Gibson and Douglas Fraser, Business Law 2014(Pearson Higher Education AU, 2013) Carlill v Carbolic Smoke Ball Co Christensen, Sharon --- "Formation of Contracts by Email Is it Just the Same as the Post?" [2001] QUTLawJJl 3; (2001) 1(1) Queensland University of Technology Law and Justice Journal 22 Court of Appeal [1893] 1 QB 256; [1892] EWCA Civ 1https://www.australiancontractlaw.com/cases/carlill.html E-Commerce. https://www.ag.gov.au/RightsAndProtections/ECommerce/Pages/default.aspx Electronic Transactions(Victoria) Act 2000 - SECT 13 https://www.austlii.edu.au/au/legis/vic/consol_act/eta2000345/s13.html Electronic Transactions(Victoria) Act 2000 - SECT 13. https://www.austlii.edu.au/au/legis/vic/consol_act/eta2000345/s13.html Electronic Transactions(Victoria) Act 2000 - SECT 5 https://www.austlii.edu.au/au/legis/vic/consol_act/eta2000345/s5.html Electronic Transactions(Victoria) Act1999 - SECT 15D. https://www.austlii.edu.au/au/legis/cth/consol_act/eta1999256/s15d.html Entores Ltd v Miles Far East Corporation [1955] 2 ALL ER 493; [1955] 2 QB 327; [1955] EWCA Civ 3https://www.australiancontractlaw.com/cases/entores.html Harvey vs. facey (1893) Privy Council Beatson and J. Cartwright, Anson's Law of Contract (Oxford University Press, 2016) Jeannie Marie Paterson, Andrew Robertson, Arlen Duke, Principles of Contract Law (Thomson Reuters Australia, 2012 Mehta v J Pereira Fernandes S.A [2006] EWHC 813 (Ch) (07 April 2006https://austlii.edu.au/~alan/electronic-signatures.html Michael Gisler, et al. Legal Aspects of Electronic Contracts Infrastructures for Dynamic Business-to-Business Service Outsourcing (IDSO'00) Stockholm, 5 - 6 June 2000. Philip Argy and Nicholas Martin, Mallesons Stephen Jaques, The effective formation of contracts by electronic means, Stellard Pty Ltd Anor v North Queensland Fuel Pty Ltd [2015] QSC 119 (14/11998) Martin J 15 May 2015https://www.hunthunt.com.au/news-and-publications/insurance/sale-of-land-email-exchange Tallerman and Co Pty Ltd v Nathan's Merchandise (Vic) Pty Ltd [1957] HCA 10; (1957) 98 CLR 93 (18 February 1957)High Court of Australiahttps://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/high_ct/98clr93.html?stem=0synonyms=0query=~contract%20near%20law

Tuesday, December 3, 2019

Payment Methods free essay sample

So in saying this the patient may have to pay some fee’s before they leave the doctor’s office because of some sort of procedure they had done. So the way the relationship goes for the fees for service is like this. The patient makes their usual monthly payments to their health plan or it’s set up to be automatically withdrawn from their paycheck. If they make their payments on time then they can have medical services done by a physician. The patient then pays for any fee’s or co-pays for the medical services that were provided on that day and then the Medical Biller will then bill the health plan. The patient may be reimbursed for the some money they had to pay out of pocket. Capitation payment cycle is way different. Capitation means that there is a fixed prepayment that is paid to the medical provider for members of their plan for only necessary services provided to them. We will write a custom essay sample on Payment Methods or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page By using the capitation payment cycle the doctor may be taking risks for receiving fewer patients. Some doctor’s offices prefer this though because they are a small doctor’s office and only want to deal with people that have certain medical insurances so their biller and coder doesn’t have to learn everything else. The only thing with this though is that they medical insurance is going to pay the doctor’s office the same amount of money each month no matter what. This may cause problems for the patient because if they don’t go see their doctor that month then they are still getting charged.