Thursday, September 3, 2020

Rules of the Game by Amy Tan an Example of the Topic Literature Essays by

Rules of the Game by Amy Tan Amy Tan, writer of the universal smash hit novel, Joy Luck Club, kept on investigating the connections of Chinese ladies and their Chinese-American little girls through her different distributed books, for example, The Kitchen Gods Wife, The Hundred Secret Senses, The Bonesetters Daughter and her most recent book named, Rules of the Game. Need article test on Rules of the Game by Amy Tan point? We will compose a custom exposition test explicitly for you Continue Undergrads Frequently Tell EssayLab experts: Who needs to compose paper for me? Pros propose: Essaylab.Com Can Provide You With The Winning Academic Essay Exposition Paper Writing Service Get Paid To Write Papers For Students Paper Writing Service Best Essay Writing Service Reviews The Rules of the Game book took off from Tans Joy Luck Club tale depicted by one of the essential character, Waverly Jong. Nicknamed MeiMei by her family, Waverly portrayed her youth encounters and points of view as she is over and over affected by her Chinese and American childhood, giving clash to the story as she attempt to explore both customary Chinese culture and the different merging society of Chinese Americans. At the point when she was as yet youthful, Waverly was brought up in a Chinese culture, encompassed by Chinese conventions and condition as her family live in San Franciscos Chinatown. Her mom, Mrs. Jong, arranged her in her excursion towards adulthood through a significant Chinese educating called the specialty of imperceptible quality. This technique can be utilized for winning contentions, picking up the regard of others, and succeeding sometime in the not too distant future, which Waverly discovered chess games. At age six, Waverly figured out how to play chess by at first learning the principles by her own and by ceaselessly playing with an elderly person named Lau Po who showed her unpredictable chess systems with Chinese names like The Double Attack from the East and West Shores, Throwing Stones on a Drowning Man, The Sudden Meeting of the Clan, A Double Killing Without Blood, and numerous others. The young lady kept on contemplating and join chess competitions with the end goal that at age nine, she is as of now viewed as a national chess champion. Waverly is only 429 focuses away from accomplishing the excellent ace status. As the story rotated around Waverlys chess games, the lessons of her mom kept on directing her in her way. Through the craft of undetectable quality, Waverly gradually found and built up her own inward quality and poise. She was additionally instructed that undetectable quality may likewise speak to female force and the intensity of outsiders rather than the nearby Americans where outsiders like the Chinese would need to gain proficiency with the way of life and live with it. The intensity of ladies as an imperceptible quality is delineated in this story through the young ladies venture towards eccentric ways of utilizing her capacity to convince, to shape, control occasions and to win against male-ruled fields, for example, chess games. This imagery is appeared through a magazine message by Bobby Fischer, a chess grandmaster, that there will never be a lady grandmaster. The intensity of outsiders were additionally appeared here as the ability to prevail in a land that is peculiarly not the same as what the young lady and her family knew about. The contention between two distinct societies Chinese and American and the converging of the two for second-age pilgrims (like Waverly) are described as meager goodies that include as the young lady grew up. Case of this is the image taking scene before Hong Sings café where it is realized that the live fish and turtles are destined for cooking. Waverly and a portion of her companions were taken pictures by a Caucasian man as though they are bizarre individuals living in an extraordinary land. In Waverlys first chess competition, she played against a fifteen-year old kid who wrinkled his nose at her to show that he was not dazzled. Another is the meaning of torment of Mrs. Jong instead of its American significance. She doesnt truly comprehend what a Chinese torment is, yet she realizes that Chinese buckle dow n, work together, medication and compositions. She accepts that Chinese individuals are not lethargic as contrasted and Americans to such an extent that Chinese torment is the best torment for sure. The fundamental clash in the story spun around Waverlys chess rewards and her moms pride in her. She is gradually feeling humiliated and somewhat irate with her mom for continually telling individuals that she is her girl who consistently dominated chess matches. It went to a moment that Waverly deliberately educated her mom not to utilize her with the goal that she can flaunt to others. This drove her mom crazy with her that she was later overlooked in the supper table. Waverly didn't comprehend her moms pride of her accomplishments which likewise reaches out to her family. Her moms impact and lessons to her is gradually preparing the young lady into a way that is loaded with rules and would require incredible quality from inside. The young lady is humiliated by her moms pride, which made her hurt her mom. Then again, her mom may have different intentions in instructing Waverly pieces of shrewdness dependent on Chinese culture. Unquestionably, she would not have any desire to lose her daughter to the American perspective; impacts that are not completely energized in a Chinese conventional culture. The portrayal of the story was from the young ladies youth viewpoint and didn't allude to whatever would have happened when she is a grown-up. It depicted the different stages that the young lady experienced as she portrayed that before all else, she was more affected by her Chinese legacy. Later on, as she played chess, she started to change with the end goal that the converging of Chinese-American culture is gradually creating and picking up quality inside her; acknowledging what both can accomplish for her to be effective throughout everyday life. The contention in character is one of the fundamental topics of the story. The instructing of the craft of undetectable quality and the different scenes described en route completely gave bits of knowledge into the complexities of being a hyphenated American but, associated by blood and bonds to another culture and nation. Another significant subject is the contention among moms and girls, making an amazing and moving tale about incongruity, agony and distress, and the blemished and numerous manners by which moms and little girls love one another. Every one of the essential characters attempted to show their affection for one another in their own particular manners but then, encompassed by two societies that occasionally tie and once in a while break, they each need to become familiar with the ways on the best way to join every others desires and dreams and show genuine romance despite seemingly insurmountable opposition. The title, Rules of the Game is appropriately given when the subjects and focal thoughts are surveyed. The story powers Waverly to find what game she is playing, how to play it stunningly, what are the guidelines that she should follow so as to succeed and accomplish in her objectives. This chess game is an allegory for her battle with her Chinese mother. Waverly is the essential on-screen character dominating chess matches yet her mom is likewise playing her most noteworthy game, which is to win against Americans and to demonstrate the predominance of Chinese individuals against them. In the last scene, Waverly was disregarded to learn and find what she ought to do next as she plotted her moves against her mom. The undetectable quality that her mom instructed her is as of now influencing everything as she quietly considered her best courses of action. Another idea that can be found in the story is the idea of women's liberation. Much the same as the tale of Mulan, the Rules of the Game indicated that youths figure out how to manage emergencies by experience and therefore, they develop and develop. Young ladies like Waverly and Mulan likewise took in their place as ladies notwithstanding managing male disdain that emerges when they prevail in their picked ways. The two characters have internal qualities that were gradually evolved and sustained by their environmental factors and encounters. These qualities were saddled and adapted in order to be used completely when required. The two young ladies were shown the craft of undetectable quality to such an extent that in any event, when they are compelled to fit in with the societys desires for them, there is poise and internal quality that guides them to be non-traditionalists, empowering them to locate their own ways towards self-fulfillment. Mulan battled like a man for her nation and Waverly played chess and dominated various matches in a male-overwhelmed field. Both acted outside of the crate and both succeeded and learned. Waverly utilized her own quality, her moms lessons, and her own capacity to think rapidly to crush her rivals on numerous occasions. She needs to figure out how to win against her chess adversaries and against her mom who is gradually compelling her to win more, lose less. The story some way or another spoke to the disarray and bewilderment that original Americans felt; how they are at last compelled to get some distance from their folks customs and conventions, legacy and culture, and attempt to locate their own ways and prevail in the midst of various difficulties and fights. Amy Tan by and by furnished perusers with a story that spans across societies and age. Much the same as her Joy Luck Club epic, the Rules of the Game is plainly composed and the clarity of vision were introduced so that you welcome each characters depiction, understanding their thought processes and by one way or another emphatizing with them. The story motivates us to likewise have that specialty of imperceptible quality as every last one of us plot our lives and endeavor to accomplish our dreams and objectives throughout everyday life. References: Amy Tan: Best Selling Author of the Joy Luck Club A New York Times Bestseller. English 111: Amy Tan, Rules of the Game. Snares, Amy. Instructions to be a Girl: Problems with Feminism in Rules of the Game and Mulan. (2002). Synopses and Commentaries: Waverly Jong Rules of the Game.

Saturday, August 22, 2020

Rhetorical Strategy Essay Samples

Rhetorical Strategy Essay SamplesThere are many different kinds of rhetorical strategy essay samples that one can choose from to guide them as they write their essays. These kinds of essay examples come in many different forms, from just plain text to graphs and diagrams. They can also be written in all-encompassing forms, such as the entire worksheet or even a completely interactive flash game. These rhetorical strategy essay samples can help you write an essay effectively, and therefore, you will be able to easily write your own effective essay when you are trying to write one for your college course.There are many different kinds of persuasive strategies and tactics that you can use to write your essay on some kind of topic. The trick is that you must first understand the overall form of your essay before you can start writing your essay. This means that you should first have an idea of what kind of essay you are trying to write before you begin trying to work on your own essay.Th ere are many different kinds of rhetorical strategy essay samples available online, but most of them will only be good for certain types of essays. This means that you should only rely on the ones that are right for the type of essay that you are trying to write. If you are unsure of what type of essay that you want to write, you can start by looking for some form of essay examples to use before you get started.You should know that there are a number of different types of rhetorical strategy essay samples. Some are for oral essay, while others are more specific to written essay. All of these different types of rhetorical strategy essay samples should be used based on your style of writing, and you should never be afraid to experiment with different strategies until you find the one that works best for you.You should always be trying out different kinds of writing. You should not be afraid to try new techniques in order to make your essay as interesting as possible. Writing is an art , and you should not feel like you cannot try something new because it might be too difficult or boring.Make sure that you also think about the kind of audience that you are trying to reach. You should know that this will play a role in the kinds of rhetorical strategy essay samples that you are going to use. It is possible that some form of rhetorical strategy essay sample will be suitable for readers who are high school aged, and some will be suitable for readers who are college aged. These will also depend on the level of understanding that you have for the types of ideas that you want to convey.When you are looking at the different kinds of rhetorical strategy essay samples that are available, you should be looking for any examples that use the argumentative and descriptive rhetoric skills that you want to learn. You should always try to be willing to make a few changes when it comes to your writing, especially when it comes to the types of words that you are using. You should a lways take a look at some examples before you make any major changes to your essays.When you are looking for some rhetorical strategy essay samples, you should take a look at a number of different sources, so that you will be able to find something that you can use and will suit your style of writing. You should also be sure to look for the rhetorical strategies that you want to use when you are writing your own essay. You should always take some time to write an essay before you write your own essay, and you should be able to tell which one you are going to be writing by looking at the many different forms of essay samples that are available.

Friday, August 21, 2020

To What Extent Does the State Protect the Rights of Children Essay

What exactly Extent Does the State Protect the Rights of Children - Essay Example For there is no wavering that since its advanced rise as a social issue, youngster misuse has been dependent upon significant media, open and political intrigue and conversation. It has been developed as one of the significant social issues of present occasions and maybe the significant need for chiefs and specialists in the youngster government assistance field. Youngster security work, by which we mean insurance from the danger of misuse, has gotten excessively fixated on the event or not of an injurious occasion and the probability of its repeat. Here one needs to think about two situations. The principal situation is that in the previous, approach and practice would be driven by an accentuation on organization, interest, anticipation, family support and a positive reconsider of the reasons and employments of care. The fundamental concern would be on helping guardians and kids in the network in a strong way and would keep thoughts of policing, observation and coercive intercessions to a base. In actuality, Part III and Section 17 of the Act would drive arrangement and practice. The other situation was that it would be needs about youngster security which would control in actuality Part V and Section 47 specifically, and worries about the edge for state mediation dependent on 'noteworthy damage and the probability of huge mischief'. Not exclusively are the family bolster yearnings and segments of the Act being actualized incompletely and not organized, yet additionally the youngster assurance framework is over-burden and not adapting to the expanded requests made of it. While kid security is the overwhelming concern and this is confining kid government assistance all the more by and large, progressively it is felt that an excessive number of cases are being hauled into the youngster insurance net and that as a result the rare sorts of people who may require such mediations are at risk for being missed. (Landsberg, 2001) Concerns about kid security have become all-inescapable to where childcare and kid government assistance strategies and needs have been in a general sense re-requested and re-molded in its appearance. What we are right now seeing is a significant discussion about whether and how approach and practice can be reframed so it is reliable with the first goals of the Children Act 1989.â

Tuesday, June 16, 2020

The International Financial Crisis On Islamic Banks Finance Essay - Free Essay Example

Prior to the current global financial crisis, Islamic banking and finance (in the eyes of many) was marginalized and not given much attention by many international and conventional financial institutions. While many experts, scholars and leaders in the field of Islamic banking have asserted that many institutions practicing Shariah principles have been left unscathed during the financial crisis, this is not a surprise to many, including those who patronize Islamic banks. All Islamic products are under the law of the Holy Koran and Sharia (Al-Hamzani). And, relying on any unethical or manipulative business practices is prohibited. For example, investing in or deriving money from businesses such as tobacco, alcohol, and gambling are practically non-existent in Islamic finance. The sheer nature and principles of Islamic banking has not only saved it from the global meltdown, but has placed it in a new, bright spotlight amongst anxious consumers and financial professionals alike. According to many based in the Middle East and Gulf region, a good number of Islamic banks have managed and survived the global financial crisis quite well. Simply put: the strict principles and collective thinking behind Islamic banking has proven to be an honest, solid and profitable way of business. No gambling and speculation within the markets are allowed, therefore sparing these institutions from the collapse of financial systems around the world, most notably in America and continental Europe. According to one CEO based in the Gulf state of Bahra in, Adnan Ahmed Yousif, who runs the Al-Baraka Banking Group, Islamic banks do not rely on bonds or stocks, and are not involved in the buying and selling of debt unlike most conventional European and US banks. Yousif added: Islamic banking is distinguished by the fact that it is prohibited from buying debts under Islamic Sharia law, therefore Islamic banks are safe from the effects of the global financial crisis. One noticeable impact as a result of the financial crisis is popularity. The term Islamic Finance stirs more conversation today than it did or would have even five years ago. Financial industry professionals, legal and regulatory and market participants are now more aware of what Islamic finance is, and many are seeking to join what is proving to be somewhat of a lucrative business. The Islamic banking system (not too long ago) was looked upon as something that hindered the growth and development of the financial markets. Today, these theories have been proven wrong , more so as global financial giants that once dominated the markets are either non-existent or have collapsed and been taken over. Islamic banks around the world have stayed strong, and gained popularity. To date, not one Islamic bank following Shariah principles has requested a government bailout or has failed. While banking activity across the globe started to slow and in some cases, stop all together, practioners of Islamic finance found themselves busier. Suddenly, meetings, conferences and events began to take place, all surrounding Islamic finance. Simply put, Islamic finance was turning a profit, while the worlds most prestigious and well-known firms were not. Products of Islamic financesukuk (bonds) for example, have gained greater interest. Suddenly, Islamic finance networking events and meetings are fashionable. Finance and banking professionals are networking and showing increased interest in a system that is based on sharing, honesty and most importantly, has survive d the worst global economic downtown since the Great Depression, while also continuing to serve its customers. A very positive impact indeed, as new interest and business prospects await those who can accept and adhere to Shariah law. Prosperity, Optimism A Further Impact The financial crisis has shown how effective Islamic banking and finance is and its potential to become a leader in global finance. It allows financial companies to reach out to the less privileged, share wealth (as well as debt) and abide by Islamic rules. Such methods are now attracting even non-religious customers. Its practices are all-inclusive; one does not have to be a practicing Muslim to participate. It raises trust among its consumers and promotes Islamic values and beliefs. The global financial crisis has brought Islamic banking into the realm of setting good examples of financial practices. Mainly for its non-risk taking rules, its sold foundations and stability. From Indonesia to Malaysia to the Arab states, Islamic banking is growing and becoming more diverse as its appeal to customers has risen. The lack of risk taking that led to the collapse of world markets is proving attractive. This is one solid factor that led Islamic banking to remain steady and profitable during the downturn. The impact has been a positive one, with Islamic institutions remaining in place and developing new lines of businesses. The Growth Factor The new main drivers of growth of Islamic finance now driving the surge of Islamic finance and banking are market regulation as well as rising favorable demographics, growing affluence among it clients (investors), growth among organized savings and Islamic finance, greater availability of takaful, and Islamic finance products and changing consumer habits. Throughout the Gulf, for example, there has been a construction and real estate boom. CLOSE [X] Heavy dependence on property investment(s) as well as private equity and deal making, for the most part, have kept Islamic banking away from the financial fallout across the worlds markets. Experts, however, have warned that Islamic banks are not totally immune to the financial crisis, as real estate assets can quickly lose value and private equity funds can dry up, according to a report by Kuwait Finance House. But Islamic finance has also spared a lot, and to its credit has kept many banking systems alive, according to the repo rt. It states: In the current financial turmoil, it is interesting to note that Islamic financing may have prevented a majority of the mess created by the conventional banking and financial institutions. In Conclusion As the worlds financial markets continue to work through the crisis, Islamic Finance and banking offers hope and a renewed interest to those seeking safer alternatives in the market. Most authors agree that with continued growth, rising interest in various Islamic products and continued steady returns, Islamic finance is poised to become a significant and unavoidable factor in global finance.

Wednesday, May 6, 2020

Essay Harper Lees To Kill a Mockingbird - 1463 Words

Racial discrimination, although not the main focus of To Kill a Mockingbird, plays a large role throughout the novel. Many characters in To Kill a Mockingbird are affected by racial discrimination, whether they are the cause or not. Throughout the novel, three characters stand out as being affected by racial discrimination the most. These characters are Jean Louise â€Å"Scout† Finch, Atticus Finch, and Tom Robinson. Jean Louise Finch, known to Maycomb as Scout, is affected by racial discrimination in many ways throughout To Kill a Mockingbird. Although most discrimination appears as white people against African American people, there is one case where the discrimination appears as African American people against white people. On a Sunday when†¦show more content†¦Also, before the start of Tom’s trial there were a group of elderly men discussing their thoughts and feelings about the trial. One of them is quoted as saying, â€Å"‘Yeah, but Atticus aims to defend him. That’s what I don’t like about it’† (Lee 218). These men show their prejudices throughout that scene, most of their comments being their disapproval of the situation of the case and Atticus’s role. Their last appearance is them purposely being the first to climb the stairs to the balcony and not allowing the group of African Americans to go ahead of them. Following the final verdict in the Robinson case, Bob Ewell does pulls two stunts to show his disapproval with the trial’s outcome. At first, Bob is seen spitting in Atticus’s face and threatening him. After being informed of Bob’s actions, Scout appears to be afraid of what could happen to her, Jem, and Atticus. Lee uses Scout’s fear or what is to come and Atticus’s reassurances of their safety to foreshadow to the end result of the novel. Bob Ewell, out of anger toward Atticus, attacked Jem and Scout. He was angry because, even though he won against Tom and Atticus, he still lost; the town knew about him abusing his own daughter, and him falsely accusing an African American man to hide the abuse. This is facial discrimination because Bob Ewell assumed, unfortunately correctly, that a black man would never win in a case against a white man. Scout was affected due to the fact that sheShow MoreRelatedAnalysis Of Harper Lees To Kill A Mockingbird1210 Words   |  5 Pagesfrom who and what surrounds us, things that help to form our identity. Prejudice is an integral theme in Harper Lee’s, To Kill A Mockingbird. Prejudice is evident throughout the novel, not just in the appalling racism but also through, prejudice against different sexual orientations, gender constructs and feminism. Society had certain constructs that had to be met. Throughout To Kill A Mockingbird, Lee breaks the bounds to overcome barriers, and challenge social constructs. This feature article delvesRead MoreHarper Lees To Kill a Mockingbird Essay567 Words   |  3 Pagesexample in Harper Lees To Kill A Mockingbird, the small town of Maycomb struggles with these aspects. Each character of the novel has a strong personality. Scout Finch is tough, always has an opinion, and is a tomboy. On the other hand Boo Radley stays hidden most of the time, but we all know he is actually a friend to Jem and Scout. Then there is Tom Robinson, a hardworking, strong, and innocent man. But what do all these characters have in common? They can all be analyzed as mockingbirds. ThroughoutRead More Harper Lees To Kill a Mockingbird Essay1367 Words   |  6 PagesHarper Lees To Kill a Mockingbird In the early twentieth century, the United States was undergoing a dramatic social change. Slavery had been abolished decades before, but the southern states were still attempting to restrict social interaction among people of different races. In particular, blacks were subject to special Jim Crow laws which restricted their rights and attempted to keep the race inferior to whites. Even beyond these laws, however, blacks were feeling the pressure of prejudiceRead More Harper Lees To Kill A Mockingbird Essay1391 Words   |  6 PagesHarper Lees To Kill A Mockingbird In the novel by Harper Lee named, To Kill a Mockingbird, there is one main tragic event that occurs. The feelings and expressions dealt with in the novel are seen through the eyes of the main character, named Scout. In the novel Tom Robinson is a black male accused of rape in Maycomb County. During the same time period as the novel there were many historical events that were almost identical in setting and conclusion. There were many things that happenedRead MoreHarper Lees To Kill a Mockingbird816 Words   |  3 PagesThe novel To Kill a Mockingbird by Harper Lee focuses on many themes but courage is mostly shown in the novel. In the novel, there are many examples where the characters have shown courage even when he/she knows that he/she is going to lose it. Atticus Finch is a great example of showing courage in the novel. He shows great courage because he defends a black man even though he knows he is going to lose the case. Another example of showing courage is Mrs. Dubose. S he shows courage because she wantsRead MoreEssay on Harper Lees To Kill a Mockingbird1054 Words   |  5 PagesHarper Lees To Kill a Mockingbird Courage is the quality of mind that enables one to face danger with confidence, resolution, and gain a firm control of oneself. Many of the characters in To Kill a Mockingbird showed courage in their own way. Courage can come in many different forms: physical, mental, emotional and moral. Courage is not the only main theme displayed in To Kill a Mockingbird; prejudice and education are also very important themes exhibited throughout the progression of theRead More Harper Lees To Kill A Mockingbird Essay1378 Words   |  6 PagesHarper Lees To Kill A Mockingbird The United States has been dealing with the issue of racism ever since Columbus landed on Plymouth Rock. The Indians were the first to endure harsh racism in this country. Pilgrims moving west ran them off their land wiping out many tribes and destroying many resources in their path. However, when many think of racism today, the issue of blacks and whites is the first to come to mind. African Americans have come a long way in today’s society as comparedRead MoreHarper Lees To Kill a Mockingbird Essay1073 Words   |  5 PagesTo Kill a Mockingbird written by Harper Lee is novel set in a three year period through the ‘great depression’. Atticus Finch (Jem and scouts father) is originally portrayed as a friendly and understanding person, though when he attends court defending a ‘black man’ as his job, suddenly he and his family begin to suffer racial hatred from their community. The story features on the themes of racism, community morals and the r ealisation of certain truths whilst growing up. It is a fascinating novelRead MoreEssay on Harper Lees To Kill A Mockingbird2478 Words   |  10 PagesHarper Lees To Kill A Mockingbird During the 1930s, during the time when the novel was set, society was very different to what it is now. To Kill a Mockingbird is Harper Lees story about life in a small town in Southern America during the 1930s. The story is based in the state of Texas, Alabama, in this state slavery was very common and because of this it became to be known as the Slave State. The story involves Atticus Finch a lawyer who must defendRead MoreHarper Lees To Kill a Mockingbird Essay3848 Words   |  16 PagesHarper Lees To Kill a Mockingbird The story of To Kill a Mockingbird takes place during the 1930s in a small town in Alabama in the southern United States - much like the town where the author Harper Lee herself grew up. To understand what the book is saying about racism, you need to know something of the history of race relations in the southern USA. Plot ---- The novel is about three years in the life of the Finch family: Atticus and his son Jem

Liquidated Damages free essay sample

Time and completion are complex areas of construction law and often give rise to a number of legal and practical issues (Tangy, 2010). A contractor that fails to complete work on time exposes themselves to a host of contractual difficulties where financial remedies are frequently imposed. Certainly the construction industry as a whole and specifically where a project is running behind programme and has ‘missed the boat on the completion date’ has always been perceptible to the negative connotations of extensive legal proceedings, hefty court cases and unresolved conflicts. Before considering the extent to which a contractor can be held liable for failing to complete works on time, it is important to establish what is actually meant by the term ‘completion’. Salmon LJ in the case of J Jarvis Sons Ltd V Westminster City Council (1969) stated that completion for all practical purposes is allowing the employers to take possession of the works and use them as intended. In other words, the works are sufficiently complete for the purpose for which they were designed (Nestor, 2004). However it is the contract administrator that certifies when a project has reached practical completion and with each construction project proving to vary largely in details, reaching a state of practical completion is no generic state. As such, it can be argued that completion is a matter of observation, and therefore interpretation (Nestor, 2004). In terms of adjusting the completion date, if the completion date is moved forward in time a contractor is not expected to comply with the original date as set in the contract particulars. Specifically, clause 2. 28. 6. 3 makes it evident that no matter how much work is omitted by the architect, through use of clause 3. 14, the contract period cannot be shortened in an attempt to force the contactor to complete early. It is now fundamental to illustrate the effect of ‘Liquidated Damages’ concerning a contractor delivering a project that is beyond the specified completion date and therefore in the eyes of the employer and the contract, late. Liquidated damages are a remedy at the heart of a project that has overrun and are described as adapted from Lal as a genuine covenanted pre-estimate of damages judged at the time of making the contract, not at the time of the breach (Lal, 2009). Simply put, if a contractor fails to complete work on time then he will hand over a fixed, predetermined amount of damages (money) for every day, week or set period as defined in the contract that he is late until the works are finished to the state described in the contract documents. Nestor describes three factors relating to liquidated dames concerning their recovery and the dependence on these three factors. Firstly, the works should have been completed by a particular date. Secondly, that they should have been completed on an earlier date and thirdly, that there is a pre-agreed stipulated sum of money that forms a genuine pre-estimate of the loss that is likely to flow from the breach (Nestor, 2004). Generally, points one and three are of particular note as they form the very essence of liquidated damages. In terms of the actual amount payable to the employer, MCGregor takes an interesting approach stating that the normal measure of damages for failing to complete a building by the time required by the contract should be the value of the use of the building during the period of delay, the value generally being taken as the rental value (McGregor, 2012). It should also be noted that clause 25 enables the architect to amend the completion date in a variety of circumstances and in consequence alter the contractor’s liability for liquidated and ascertained damages for delay (Trickey Hackett, 2001) The relationship between an employer taking possession of a building and the cessation of liquidated damages is of an intrinsic and complex nature. There is evidence of two attitudes towards taking possession and liquidated damages. One such stance is that, if the employer takes possession of the works, liquidated damages cease; but if the employer does not take possession, even though the works are reasonably available for such possession, liquidated damages do not cease provided that the existence of defects preludes the issue of a practical completion certificate (Nestor, 2004). On the other hand, the employer is not bound to take possession of a completed part of the works. But it is thought that were liquidated damages are running, an employer who, in all circumstances was unreasonable in refusing the contractor’s offer of possession of a completed part of the works might be open to arguments in favour of a proportional reduction in liquidated damages for failing to mitigate his loss (Furst Ramsey, 2012). Nestor’s position vastly contrasts Furst Ramsey’s and seems to conclude that when works are reasonable available for possession and their premeditated use, liquidated damages should come to an end. In the event of a contractor failing to complete work on time, one must not simply assume that liquidated damages are immediately claimed for by the employer. There must be close examination of the events surrounding the delay and the ascertainment if the said delay was caused by a ‘Relevant Event’ or any ‘Extensions of Time’. These two phrases generally go hand in hand; that is that a relevant event has occurred and therefore an extension of time to the contractor has been awarded, consequentially erasing any claim for liquidated damages by the employer for late completion. Along with escaping liquidated damages for a late completion even though an extension of time is given, the contractor may also be entitled to its loss and expense, for example in the form of additional preliminaries (running the site per week) (Brawn, 2012). Therefore there is not just one reason for the contractor to claim for an extension of time but two. Clause 2. 29 provides a list of what constitutes as relevant events in the contract. The relevant events are variations, instructions of the contract administrator, deferment of Date of Possession under clause 2. , Execution of work under an approximate quantity, suspension of work by the contractor, any impediment, prevention or default by the employer or employer’s agents, statutory undertakings, exceptionally adverse weather conditions, loss or damage occasioned by the specified perils, civil commotion, us or threat of terrorism, strike, the exercise by the government of any power which directly affects the works, force majeure and delay on their part of nominated subcontractors (Murdoch Hughes, 2008). Brawn describes a three stage process on the occurrence of any of the above delays. Firstly, there is an assessment as to whether the delay was caused by a relevant event. Secondly, if it was a relevant event, the next question is whether it caused critical delay and thirdly, if it did, a ‘fair and reasonable’ extension of time should be granted (usually equal to the period of delay caused by the relevant event) (Brawn, 2012). A critical delay is one that actually affects the contractor’s ability to meet the completion date as oppose to taking up available float time. If a contractor has failed to complete the work on time, thus causing a culpable delay, yet a relevant event has occurred around the same time, it is often unclear how extensions of time should apply in these situations of concurrent delay. A further difficulty arises as to the meaning of the word concurrent, because most delays are not truly concurrent, in that they start at the same time, they are sequential, and in that they operate in parallel but may start or finish at different times (Brawn, 2012). It is noteworthy that if a contractor fails to complete the works on or before the completion date the employer has a right to terminate the contract. This will be the case if time is made of the essence (Murdoch Hughes, 2008). It will also be the case if the breach goes to the root of the contract (Oram, 2012). However, once the contractor is in breach of contract through delay, it is possible to make time of the essence by giving notice to the contractor to this effect (Murdoch Hughes, 2008). Furthermore, the normal rule is that time is not of the essence in construction contracts, unless it expressly states so. So the contractor is liable for having their contract terminated and ceasing to be able to work on that project. Where late completion does not justify the employer terminating the contract, the employer’s legal remedy will be an award of damages for breach of contract (Murdoch Hughes, 2008). Indeed the imposition of liquidated damages is intended to serve as a compensation of loss and not as a penalty (Furst Ramsey, 2012). Where penalties are needed however, the allocation of damages is carried out. This is an area where other breaches of contract have occurred and the employer is seeking to recover an amount of money to compensate for the loss they have suffered. It is fundamental to this principle to understand that if the contract provides for the issue of liquidated damages for failing to meet the specified completion date, the employer positively cannot make a claim for any other breaches of contract that may have occurred as an effect of the negligence of the contractor. The Honourable Mr. Justice Ramsey made it quite evident in Biffa Leicester Ltd and Another v Maschinenfabrik Ernst GmbH and Others (2008) that if liquidated and ascertained damages provisions are expressed to be a complete remedy for delayed completion, they should be treated as a complete remedy (Brann, 2012). Simply put this means that un-liquidated damages cannot be awarded if liquidated damages are in place in the contract. In summary, the contractor, upon failing to deliver the project on time and to the completion date as in accordance with the contract particulars, can suffer greatly in terms of monies to be handed over to the employer. It is evident that the contractor can have their contract terminated and no longer work on the project, be exposed to liquated damages for every part they are late in delivering the project and where there is no provision of liquidated damages, expose themselves to claims for general, un-liquidated damages. The contractor must do their upmost to deliver the project on time to avoid these unpleasant situations. References Journal Papers Books Brawn, D. 2012. Extensions of Time and Liquidated Damages in Construction Contracts in England Wales. Society of Construction Law. Furst, S. Ramsey. 2012. Keating on Building Contracts. 9th Edition. McGregor, H. 2012. McGregor on Damages. 17th Edition. Murdoch, J Hughes, W. 2008. Construction Contracts Law and Management. Fourth Edition. Nestor, J. 2004. ‘Completion’ is the Key to Liquidated Damages: But what is Completion?

Tuesday, April 14, 2020

Essay Evaluation: An Important Part of the Assignment

Essay Evaluation: An Important Part of the AssignmentThe importance of essay evaluation can not be overlooked, particularly at college campuses where the student body is so diverse and the opinions on different subjects are so varied as well. The essay evaluation process helps the student find his niche. It encourages the student to come up with something original that will make a mark in the essay contest. It also allows the student to select topics based on his interests.College campuses tend to be filled with so many topics to choose from. Different subjects related to certain topics are usually more popular on campuses than others. In addition, the professor assigned to the student can further narrow down the topic choices by analyzing the facts and opinions of the student who has the assignment.It is a good idea for the student to consult his or her instructor before making any choices because it would help the student come up with a topic that will compliment his or her opinion , skills, talents and interest. The instructor can also help to ensure that the student is completing the assignment with care and attention to details.Some college campuses are classically liberal, while others are classically conservative. Depending on the student's background, the viewpoints might vary. Some students might want to read about topics on the political spectrum. Others might want to read about topics on religion, politics, environmental issues, and other topics related to those areas.College campuses are the same. Some students would like to learn about economics and market. Other students might like to read about social and political issues.There are also some majors that do not have major topics. They usually have separate-but-related topics. For example, the business major may focus on advertising, management, accounting, and business. The engineering major may focus on construction, electricity, transportation, and engineering.This type of discussion helps the st udent to narrow down the topics to be covered. It also helps to gather information from other students who have interests in the subject. This could lead to further topic selection, which could further improve the topic's impact.Essay evaluation is an important part of the assignment. It helps the student to come up with topics that will fit his or her personality and abilities. The essay evaluation program is like the food chain.