Arthur Miller Essay Example

Arthur Miller Paper In Arthur Millers play The Crucible Abigail Williams plays a big part in the Salem witch trials. Although this is so, there were many other factors and people who contributed to the Salem witch trials and the subsequent tragic deaths of those accused. Factors such as the community, the court, and other factors related to personal vendettas and situations played an equally big part in the horrible events of the Salem witch trials. The play Crucible was written in the 1950s, although set in late 1600s in Salem village Massachusetts. The play is based on real life events, through the use of legal records some of the facts have been changed but most of them are similar to the actual events. Abigail Williams a 17 year old orphan seems to be the centre of the events that took place in 1692 in the small town of Salem. In the play she has a lot of influence on the events. At the beginning of the play we find Betty Parris in bed unconscious and later realise the cause. Abigail Williams and her friends Mercy Lewis, Ruth Putnam, the slave girl Tituba and Abigails cousin Betty had been dancing in the woods. We will write a custom essay sample on Arthur Miller specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Arthur Miller specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Arthur Miller specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Mary Warren another friend of Abigails was watching the others, where Abigail drank a blood charm to kill Elizabeth Proctor, who we meet later. You drank blood Abby You drank a charm to kill John Proctors wife! You drank a charm to kill Goody Proctor! Unfortunately for them Reverend Samuel Parris had seen them doing this. The state of Betty and Ruth both unconscious is what started the suspicion of witch craft. Uncle, the rumour of witch craft is all about This made Abigail and the others very scared because the punishment for witchcraft was hanging. Witcherys a hangin error. So they decided to lie or should we say Abigail decided they should lie. Abigail appears to be the leader of the group as she is the one who prompts the others to do and say things. She is a bully and a liar. Now look you. All of you. We danced. And Tituba conjured Ruth Putnams dead sisters. And that is all. And mark this. Let either of you breathe a word, or edge of a word, about the other things and I will come to you in the black of some terrible night and I will bring a pointy reckoning that will shudder you. When Reverend John Hale arrives, he becomes suspicious of Bettys behaviour and asks Abigail if she or Betty had drank any of the Soup in the kettle which they were brewing while they danced in the woods. Abigail is quick to say no to this accusation but rather blames it on Tituba. She had blamed Tituba for calling the devil I never called him! Tituba, Tituba.. and she says that a frog had jumped in to the soup and that Did Tituba ask you to drink it? She tried but I refused. But when Hale asked her this question Have you sold yourself to Lucifer? she realises that this could easily turn on her that she will be accused of practicing witchcraft. When Tituba comes in Abigail is quick to accuse her so that the suspicions are turned. She made me do it! She made Betty do it! She makes me drink blood! When Tituba tries to explain You beg me to conjure! She beg me make charm-Abigail swiftly cuts her off Dont lie! She comes to me while I sleep; shes always making me dream corruptions! This shows how scared Abigail was of being found out, as she surely knew that she would hang for her doings. To save herself, she blames Tituba and when Tituba is questioned she is forced to name people who are working for the devil. She names two people from the village and then Abigail comes in with more names pretending that she had been afflicted too and then Betty starts accusing people of witch too. It was confirmed that the devil had attacked Salem and that anyone could be a witch. As we can see all this started due to Abigails actions and manipulations and that it were no more than Abigails games to protect herself. Abigails input into the witch trials which started after this confirmation is tremendous she was there in the court with her friends and companions who accused anyone they wished due to their personal vendettas. One of the accusations that Abigail Williams made was of Good Elizabeth Proctor being a witch. She gives a great performance and takes full advantage of certain actions and facts.

The United States and Its Policy of Promoting Democracy

The United States and Its Policy of Promoting Democracy Promoting democracy abroad has been one of the main elements of US foreign policy for decades. Some critics argue that it is harmful to promote democracy in countries without liberal values because it creates illiberal democracies, which pose grave threats to freedom. Others argue that the foreign policy of promoting democracy abroad fosters economic development in those places, reduces threats to the United Staes at home and creates partners for better economic trade and development.  There are  varying  degrees of democracies ranging from full to limited and even flawed. Democracies can also be authoritarian, meaning that people can vote but have little or no choice in what or whom they vote for. A Foreign Policy 101 Story When rebellion brought down the presidency of Mohammed Morsi in Egypt on July 3, 2013, the United States called for a quick return to order and democracy. Look at these statements from White House Press Secretary Jay Carney on July 8, 2013. During this transitional period, Egypts stability and democratic political order are at stake, and Egypt will not be able to emerge from this crisis unless its people come together to find a nonviolent and inclusive path forward. We remain actively engaged with all sides, and we are committed to supporting the Egyptian people as they seek to salvage their nations democracy. [W]e will work with the transitional Egyptian government to promote a quick and responsible return to a sustainable, democratically elected civilian government. We also call on all political parties and movements to remain engaged in dialogue, and to commit to participating in a political process to hasten the return of full authority to a democratically elected government. Democracy in US Foreign Policy Theres no mistaking that promotion of democracy is one of the cornerstones of American foreign policy. It hasnt always been that way. A democracy, of course, is a government which invests power in its citizens through the franchise, or the right to vote. Democracy comes from Ancient Greece and filtered to the West and the United States through such Enlightenment thinkers as Jean-Jaques Rousseau and John Locke. The United States is a democracy and a republic, meaning that the people speak through elected representatives. At its start, American democracy was not universal: Only white, adult (over 21), property-holding males could vote. The 14th, 15th, 19th  and 26th Amendmentsplus a variety of civil rights actsfinally made voting universal in the 20th century. For its first 150 years, the United States was concerned with its own domestic problemsconstitutional interpretation, states rights, slavery, expansionmore than it was with world affairs. Then the United States focused on pushing its way onto the world stage in an era of imperialism. But with World War I, the United States began moving in a different direction. Much of President Woodrow Wilsons proposal for a post-war Europethe Fourteen Pointsdealt with national self-determination. That meant imperial powers like France, Germany and Great Britain should divest themselves of their empires, and former colonies should form their own governments. Wilson intended for the United States to lead those newly independent nations into democracies, but Americans were of a different mind. After the carnage of the war, the public wanted only to retreat into isolationism and let Europe work out its own problems. After World War II, however, the United States could no longer retreat into isolationism. It actively promoted democracy, but that was often a hollow phrase that allowed the United States to counter Communism with compliant governments around the globe. Democracy promotion continued after the Cold War. President George W. Bush linked it to the post-9/11 invasions of Afghanistan and Iraq. How Is Democracy Promoted? Of course, there are ways of promoting democracy other than warfare. The State Departments website says that it supports and promotes democracy in a variety of areas: Strengthening democratic institutionsSupporting civil societyEnhancing the rule of law and judicial independencePromoting political pluralism and free, fair electoral processesProtecting independent mediaPromoting Internet freedomPromoting human rights for all, including women The programs above are funded and administered through the State Department and USAID. Pros and Cons of Democracy Promotion Proponents of democracy promotion say that it creates stable environments, which in turn fosters strong economies. In theory, the stronger a nations economy and the more educated and empowered its citizenry, the less it needs foreign aid. So, democracy promotion and US foreign aid are creating strong nations around the globe. Opponents say that democracy promotion is just American imperialism by another name. It binds regional allies to the United States with foreign aid incentives, which the United States will withdraw if the country does not progress toward democracy. Those same opponents charge that you cannot force-feed democracy on the people of any nation. If the pursuit of democracy is not homegrown, then is it really democracy?

Marketing - Saturn Corporation in 1998 Essay Example | Topics and Well Written Essays - 1000 words

Marketing - Saturn Corporation in 1998 - Essay Example When Saturn looks for parts suppliers for future vehicles, the Marketing and Product Planning team looks for companies that have not only the technology for today, but also have the depth in resources that will enable them to grow in technology and support. Saturn needs these suppliers to be a contributing part of the project development team. To help ensure effective involvement, Saturn enters into long-term, sometimes even lifetime contracts with selected suppliers. (Lenz, 1999, p. 53) The Saturn Corporation had to be in complete contact with the GM, since the GM planned to launch the big cars and decided to have a shift from small to mid size cars, Saturn Corporation should have planned the similar and should have quit the idea of manufacturing the same old small cars. The reason that the strategy was not hard to implement is that the Saturn Corporation had previously been spotted number one in manufacturing small cars and because of that it had made some reputation and capital to cope well with the GM and this is exactly what GM had thought about the company. But it was not the part of the company’s mission statement and therefore the immediate job of the Saturn Corporation was to convince the GM that further launching of any such cars can make the market more competitive and already there are big leaders like Toyota and Honda performing well in the market, the scheme can be a flop. Whereas if the GM keeps on manufacturing such small sized cars which are having lesser costs and are already competing Toyota and Honda, the GM and Saturn could both be in greater profitability. Further, the Saturn Corporation could have stated to GM that the target audience should be the younger generation who is not capable of buying expensive cars and therefore would buy smaller cars already being manufactured, further more the traffic is increasing day by day and therefore the demand of small cars would be even higher in the future and thus the company should keep

The future of unions in the United States Research Paper

The future of unions in the United States - Research Paper Example The Future of Labor Unions in United States Labor unions are legal and recognized representatives of the workers in different industries. Throughout the history of United States, there are different labor unions formed for the workers of different industries and sectors however, the labor unions found among the public sector employees like the police and the teachers are most prominent among all the labor unions.Historically the labor unions have played important role for the protection of the employee rights and right from the beginning people used to favor as well as oppose the labor unions in the companies. However, recently they have been experiencing major decline in their membership due to which there is high level of uncertainty in the country regarding the future of the labor unions in United States. The labor Unions in America have seen many difficulties in terms of the membership however despite all difficulties the labor union never faced such a fall in the membership afte r the year 1932 that these are facing in the recent years especially in the private service sector. According to the estimates the membership of the US labor Unions in the private sector has dropped almost 9 percent in the recent years that shows that the workers are now less interested in joining the labor unions or taking any active part in the strike activities organized by the labor unions. Currently only 11.9% of the wages and salary workers are member of the labor union that shows massive decline in the membership of these unions. ... Hence, the actual people for whom the organizations are meant for are not interested in the labor unions that how the existence of these organizations could be justified. The twenty first century has brought new challenges for the people and organizations all over the world and just like all other sectors, the corporate sector is also in the phase of restructuring. There are some inevitable changes that must be adopted by the people associated with the corporate sector. The advancement in the technology paves many new ways for the companies. In order to conduct their operation the business owners now have many more options ad compared with the past. In the emerging situation the companies are able to perform a variety of their business activities with the help of the technological devices and as a result they don’t need that much human work force as they required in past. The introduction of advanced machinery and other advanced tool not only saves them time but also cost of p roduction. In this context, the work force availability has become easy for the employers because more people look for jobs and the employers can pick from the interested candidates on their own terms and conditions (Goldfield, 92). The advancement in the technology has significantly contributed towards the diversion of the attention of the employees towards the other issues. At present, the employees of USA are more concerned towards getting high education and technology based knowledge and skills. The workers focus on these things so that they can keep them update with the advancements occurring around them and can acquire better working conditions through their performance and skills. This thought reflect

Novel Approaches to DoS Impact Measurement

Novel Approaches to DoS Impact Measurement J.Anto Sylverster Jeyaraj, C.Suriya, R.Sudha Abstract Over the past few years Denial of service (DoS) Attacks have emerged as serious vulnerability for almost every internet Services. Existing approach to DoS impact measurement in Deter Testbeds equate service denial with slow communication low throughput, high resource utilization, and high loss rate. These approaches are not versatile, not quantitative, not accurate because they fail to specify exact ranges of parameter values that correspond to good or poor service quality and they were not proven to correspond to human perception service denial. We propose Novel approaches to DoS impact that measure the quality of service experienced by users during an attack. Our novel approaches are quantitative, Versatile, accurate because they map QoS requirements for several applications into measurable traffic parameters with acceptable, scientifically determined thresholds, they apply to a wide range of attack scenarios, which we demonstrate via Deter testbed experiments Keywords Communication/network, Measurement techniques, performance of system, Network security 1. INTRODUCTION Denial of service (DoS) is a major threat. DoS severely disrupts legitimate communication by exhausting some critical limited resource via packet floods or by sending malformed packets that cause network elements to crash. The large number of devices, applications, and resources involved in communication offers a wide variety of mechanisms to deny service. Effects of DoS attacks are experienced by users as a server slowdown, service quality degradation, service degradation. DoS attacks have been studied through testbed experiments. Accurately measuring the impairment of service quality perceived by human clients during an attack is essential for evaluation and comparison of potential DoS defenses, and for study of novel attacks. Researchers and developers need accurate, quantitative, and versatile. Accurate metrics produce measures of service denial that closely agree with a human’s perception of service impairment in a similar scenario. Quantitative metrics define ranges of parameter values that signify service denial, using scientific guidelines. Versatile metrics apply to many DoS scenarios regardless of the underlying mechanism for service denial, attack dynamics, legitimate traffic mix, or network topology. Existing approaches to DoS impact measurement fall short of these goals. They collect one or several traffic measurements and compare their first-order statistics (e.g., mean, standard deviation, minimum, or maximum) or their distributions in the baseline and the attack case. Frequently used traffic measurements include the legitimate traffic’s request/response delay, legitimate transactions durations, legitimate traffic’s goodput, throughput, or loss, and division of a critical resource between the legitimate and the attack traffic. If a defense is being evaluated, these metrics are also used for its collateral damage. Lack of consensus on which measurements best reflect the DoS impact cause researchers to choose ones they feel are the most relevant. Such metrics are not versatile, since each independent traffic measurement captures only one aspect of service denial. For example, a prolonged request/response time will properly signal DoS for two-way applications such a s Web, FTP, and DNS, but not for media traffic that is sensitive to one-way delay, packet loss, and jitter. The lack of common DoS impact metrics prevents comparison among published work. We further argue that the current measurement approaches are neither quantitative nor accurate. Adhoc comparisons of measurement statistics or distributions only show how network traffic behaves differently under attack, but do not quantify which services have been denied and how severely. To our knowledge, no studies show that existing metrics agree with human perception of service denial. We survey existing DoS impact metrics in Section 2. We propose a novel approach to DoS impact measurement. Our key insight is that DoS always causes degradation of service quality, and a metric that holistically captures a human user’s QoS perception will be applicable to all test scenarios. For each popular application, we specify its QoS requirements, consisting of relevant traffic measurements and corresponding thresholds that define good service ranges. We observe traffic as a collection of high-level tasks called â€Å"transactions† (defined in Section3).Each legitimate transaction is evaluated against its application’s QoS requirements; transactions that do not meet all the requirements are considered â€Å"failed.† We aggregate information about transaction failure into several intuitive qualitative and quantitative composite metrics to expose the precise interaction of the DoS attack with the legitimate traffic. We describe our proposed approaches in Section 3. We demonstrate that our approaches mee t the goals of being accurate, quantitative, and versatile through testbed experiments with multiple DoS scenarios and legitimate traffic mixes. Conclude in Section 5. 2. EXISTING METRICS Prior DoS research has focused on measuring DoS through selected legitimate traffic parameters: Packet loss, Traffic throughput or goodput, Request/response delay, Transaction duration, and Allocation of resources. Researchers have used both simple metrics (single traffic parameter) and combinations of them to report the impact of an attack on the network. All existing metrics are not quantitative because they do not specify ranges of loss, throughput, delay, duration, or resource shares that correspond to service denial. Indeed, such values cannot be specified in general because they highly depend on the type of application whose traffic coexists with the attack: 10 percent loss of VoIP traffic is devastating while 10 percent loss of DNS traffic is merely a glitch. All existing metrics are not versatile and we point out below the cases where they fail to measure service denial. They are inaccurate since they have not been proven to correspond to a human user’s perception of service denial. 3. PROPOSED APPROACHES TO DOS IMPACT EASURMENT 3.3 DoS Metrics We aggregate the transaction success/failure measures into several intuitive composite metrics. Percentage of failed transactions (pft) per application type. This metric directly captures the impact of a DoS attack on network services by quantifying the QoS experienced by users. For each transaction that overlaps with the attack, we evaluate transaction success or failure applying Definition 3. A straightforward approach to the pft calculation is dividing the number of failed transactions by the number of all transactions during the attack. This produces biased results for clients that generate transactions serially. If a client does not generate each request in a dedicated thread, timing of subsequent requests depends on the completion of previous requests. In this case, transaction density during an attack will be lower than without an attack, since transactions overlapping the attack will last longer. This skews the pft calculation because each success or failure has a higher influence on the pft value during an attack than in its absence. In our experiments, IRC and telnet clients suffered from this deficiency. To remedy this problem, we calculate the pft value as the difference between 1 (100 percent) and the ratio of the number of successful transactions divided by the number of all transactions that would have been initiated by a given application during the same time if the attack were not present. The DoS-hist metric shows the histogram of pft measures across applications, and is helpful to understand each application’s resilience to the attack. The DoS-level metric is the weighted average of pft measures for all applications of interest: DoS-level =, where k spans all application categories, and wk is a weight associated with a category k. We introduced this metric because in some experiments it may be useful to produce a single number that describes the DoS impact. But we caution that DoS-level is highly dependent on the chosen application weights and thus can be biased. QoS-ratio is the ratio of the difference between a transaction’s traffic measurement and its corresponding threshold, divided by this threshold. The QoS metric for each successful transaction shows the user-perceived service quality, in the range (0, 1], where higher numbers indicate better quality. It is useful to evaluate service quality degradation during attacks. We compute it by averaging QoS-ratios for all traffic measurements of a given transaction that have defined thresholds. For failed transactions, we compute the related QoS-degrade metric, to quantify severity of service denial. QoS-degrade is the absolute value of QoS-ratio of that transaction’s measurement that exceeded its QoS threshold by the largest margin. This metric is in the range (0,1] .Intuitively, a value N of QoS-degrade means that the service of failed transactions was N times worse than a user could tolerate. While arguably any denial is significant and there is no need to quantify its severity, perception of DoS is highly subjective. Low values of QoS-degrade (e.g., The failure ratio shows the percentage of live transactions in the current (1-second) interval that will fail in the future. The failure ratio is useful for evaluation of DoS defenses, to capture the speed of a defense’s response, and for time-varying attacks . Transactions that are born during the attack are considered live until they complete successfully or fail. Transactions that are born before the attack are considered live after the attack starts. A failed transaction contributes to the failed transaction count in all intervals where it was live. 4. EVALUATION IN TESTBED EXPERIMENTS We first evaluate our metrics in experiments on the DETER testbed [15]. It allows security researchers to evaluate attacks and defences in a controlled environment. Fig. 2 shows our experimental topology. Four legitimate networks and two attack networks are connected via four core routers. Each legitimate network has four server nodes and two client nodes, and is connected to the core via an access router. Links between the access router and the core have 100-Mbps bandwidth and 10-40-ms delay, while other links have 1-Gbps bandwidth and no added delay. The location of bottlenecks is chosen to mimic high-bandwidth local networks that connect over a limited access link to an over provisioned core. Attack networks host two attackers each, and connect directly to core routers Fig.2. Experimental topology. 4.1 Background Traffic Each client generates a mixture of Web, DNS, FTP, IRC, VoIP, ping, and telnet traffic. We used open-source servers and clients when possible to generate realistic traffic at the application, transport, and network level. For example, we used an Apache server and wget client for Web traffic, bind server and dig client for DNS traffic, etc. Telnet, IRC, and VoIP clients and the VoIP server were custom-built in Perl. Clients talk with servers in their own and adjacent networks. Fig. 2 shows the traffic patterns. Traffic patterns for IRC and VoIP differ because those application clients could not support multiple simultaneous connections. All attacks target the Web server in network 4 and cross its bottleneck link, so only this network’s traffic should be impacted by the attacks. Illustrate our metrics in realistic traffic scenarios for various attacks. We modified the topology from [8] to ensure that bottlenecks occur only before the attack target, to create more realistic attack conditions. We used a more artificial traffic mix , with regular service request arrivals and identical file sizes for each application, to clearly isolate and illustrate features of our metrics. Traffic parameters are chosen to produce the same transaction density in each application category (Table 3): roughly 100 transactions for each application during 1,300 seconds, which is the attack duration. All transactions succeed in the absence of the attack. bottleneck links (more frequent variant) and 2) by generating a high packet rate that exhausts the CPU at a router leading to the target. We generate the first attack type: a UDP bandwidth flood. Packet sizes had range [750 bytes,1.25 Kbytes] and total packet rate was 200 Kpps. This generates a volume that is roughly 16 times the bottleneck bandwidth. The expected effect is that access link of network 4 will become congested and traffic between networks 1 and 4, and networks 3 and 4 will be denied service. 5. CONCLUSIONS One cannot understand a complex phenomenon like DoS without being able to measure it in an objective, accurate way. The work described here defines accurate, quantitative, and versatile metrics for measuring effectiveness of DoS attacks and defenses. Our approach is objective, reproducible, and applicable to a wide variety of attack and defense methodologies. Its value has been demonstrated in testbeds environments. Our approaches are usable by other researchers in their own work. They offer the first real opportunity to compare and contrast different DoS attacks and defenses on an objective head-to-head basis. We expect that this work will advance DoS research by providing a clear measure of success for any proposed defense, and helping researchers gain insight into strengths and weaknesses of their solutions. REFERENCES [1] A. Yaar, A. Perrig, and D. Song, â€Å"SIFF: A Stateless Internet Flow Filter to Mitigate DDoS Flooding Attacks,† Proc. IEEE Symp. Security and Privacy (SP), 2004. [2] A. Kuzmanovic and E.W. Knightly, â€Å"Low-Rate TCP-Targeted Denial of Service Attacks (The Shrew versus the Mice and Elephants),† Proc. ACM SIGCOMM ’03, Aug. 2003. [3] CERT Advisory CA-1996-21 TCP SYN Flooding and IP Spoofing Attacks, CERT CC, http://www.cert.org/advisories/CA-1996-21.html, 1996. [4] R. Mahajan, S.M. Bellovin, S. Floyd, J. Ioannidis, V. Paxson, and S. Shenker, â€Å"Controlling High Bandwidth Aggregates in the Network,† ACM Computer Comm. Rev., July 2001. [5] G. Oikonomou, J. Mirkovic, P. Reiher, and M. Robinson, â€Å"A Framework for Collaborative DDoS Defense,† Proc. 11th Asia-Pacific Computer Systems Architecture Conf. (ACSAC ’06), Dec. 2006. [6] Cooperative Association for Internet Data Analysis, CAIDA Web page,http://www.caida.org, 2008. [7] MAWI Working Group Traffic Archive, WIDE Project, http://tracer.csl.sony.co.jp/mawi/, 2008 [8] â€Å"QoS Performance requirements for UMTS,† The Third Generation Partnership Project (3GPP), Nortel Networks, http://www.3gpp.org/ftp/tsg_sa/WG1_Serv/TSGS1_03-HCourt/Docs/Docs/s1-99362.pdf, 2008. [9] N. Bhatti, A. Bouch, and A. Kuchinsky, â€Å"Quality is in the Eye of the Beholder: Meeting Users’ Requirements for Internet Quality of Service,† Technical Report HPL-2000-4, Hewlett Packard, 2000. [10] L. Yamamoto and J.G. Beerends, â€Å"Impact of Network Performance Parameters on the End-to-End Perceived Speech Quality,† Proc.EXPERT ATM Traffic Symp., Sept. 1997. [11] T. Beigbeder, R. Coughlan, C. Lusher, J. Plunkett, E. Agu, and M. Claypool, â€Å"The Effects of Loss and Latency on User Performance in Unreal Tournament 2003,† Proc. ACM Network and System Support for Games Workshop (NetGames), 2004. [12] N. Sheldon, E. Girard, S. Borg, M. Claypool, and E. Agu, â€Å"The Effect of Latency on User Performance in Warcraft III,† Proc. ACM Network and System Support for Games Workshop (NetGames), 2003. [13] B.N. Chun and D.E. Culler, â€Å"User-Centric Performance Analysis of Market-Based Cluster Batch Schedulers,† Proc. Second IEEE Int’l Symp. Cluster Computing and the GridProc. Second IEEE/ACM Int’l Conf. Cluster Computing and the Grid (CCGRID ’02), May 2002. [14] J. Ash, M. Dolly, C. Dvorak, A. Morton, P. Taraporte, and Y.E. Mghazli, Y.1541-QOSM—Y.1541 QoS Model for Networks Using Y.1541 QoS Classes, NSIS Working Group, Internet Draft,work in progress, May 2006. [15] T. Benzel, R. Braden, D. Kim, C. Neuman, A. Joseph, K. Sklower,R. Ostrenga, and S. Schwab, â€Å"Experiences with DETER: A Testbed for Security Research,† Proc. Second Int’l IEEE/Create-Net Conf.Testbeds and Research Infrastructures for the Development of Networks and Communities (TridentCOM ’06), Mar. 2006. [16] D.J. Bernstein, TCP 22 Syncookies, http://cr.yp.to/syncookies.html, 2008.

Aspects Of Contract Essay

Task: 1.1: Explain the importance of the essential elements required for the information of a valid contract? Offer A valid offer identifies the bargained-for exchange between the parties and creates a power of acceptance in the party to whom the offer is made. The communication by one party known as the offeror to the another party called the offeree b) Acceptance To constitute a contract, there must be an acceptance of the offer as noted above. Until the offer is accepted, both parties have not assented to the terms and, therefore, there is no mutual assent. Offeree in a manner invited or required by the offer. Whether an offer has been accepted is a question of fact. The effect of acceptance is to convert the offer into a binding contract. To form a contract it is necessary that there is a party capable of contracting and a party capable of being contracted with on the other side. In other words, to enter into a valid, legal agreement, the parties must have the capacity to do so. Consideration No contract will exist without sufficient consideration due to agreement with the other two party has agree with the term and condition as well. Mutual Assent There must be mutual assent or a meeting of the minds on all negotiated terms between the parties and on all the essential elements in terms of the contract to form a binding contract. Intention to create legal relation In some jurisdictions, the parties must also have a present intent to be bound by their agreements. It is not necessary that the assent of both parties be given at the same time. Also, it is not necessary that communication of the assent be simultaneous. Task 1.2: Discuss the impact of different types of contract? A bilateral contract is an agreement between at least two people or groups. A bilateral contract is enforceable from the get-go; both parties are bound the promise. For example, one person agrees to wash the other’s car in return for having his/her lawn mowed. Acceptance of the offer must be communicated for an agreement to be established. A unilateral contract is one where a party promises to perform some action in return for a specific act by another party, although that other party is not promising to take any action. Acceptance may take effect through conduct and need not be communicated Task 1.3: Analyse terms in contracts with reference to their meaning and effect? Terms of contract set out duties of each party under that agreement. Generally, the terms of a contract may be either: Wholly oral, wholly written and partly oral and partly written. Terms are to be distinguished from statements made prior to the contract being made. Express terms When a contract is put down in writing, any statement appearing in that written agreement will usually be regarded as a term, and any prior oral statement that is not repeated in the written agreement will usually be regarded as a representation, due to the assumption Implied term These are terms that courts assume both parties would have intended to include in the contract had they thought about the issue. They are implied on a â€Å"one-off† basis. Two overlapping tests have been trade used to ascertain parties’ intention. Business efficacy test: terms must be implied to make contract work. There are terms which the law will require to be present in certain types of contracts (i.e. not just on â€Å"one-off† basis and sometimes irrespective of the wishes of the parties). Task 2.1: Apply the elements of contract in given business scenarios? Offer can be seen from the case when Tam’s college offers admission to it student who under take s the vocational qualification. Acceptance can also be seen from the student when they agree to bound by the school regulations. Consideration is when the student promise to act in certain way. This is particularly important where the agreement involves a promise to act in a particular way in the future. Task 2.2: Apply the on terms in different contracts? Conditions These are the most important terms of contract. Serious consequences if breeched. Innocent party can treat contract as repudiated (and thus is freed from rendering further performance of contract) and can sue for damages. Description in contract of term as â€Å"condition† is not necessarily determinative of question whether term is condition. Courts tend to search for evidence that parties really intended term to be such. Task 2.3: Evaluate the effect of different terms in given contract? Conditions are so important that without them one or other of the parties would not enter into the contract. Consequently, to make a condition  falsely, or to breach a condition, is viewed so seriously that the wronged party will be entitled to treat the contract as void, voidable or at least rescinded. Where the term is a warranty, the wronged party will only be able to seek monetary damages for any loss suffered. Task 3.1: Contract liability in tort with contractual liability? The non-breaching party has a duty to mitigate damages. If it does not do so, its damages will be reduced by the amount that might have been avoided by mitigation. In employment contracts, the employee is under a duty to use reasonable diligence to find a like position. Liquidated Damages A liquidated damages provision will be valid if (i) damages (ii) the amount agreed upon was a reasonable forecast of compensatory damages. If these requirements are met, the plaintiff will receive the liquidated damages amount even though no actual money damages have been suffered. If the liquidated damages amount is unreasonable, the courts will construe this as a penalty and will not enforce the provision. Task 3.2: Explain the nature of liability in negligence? The primary function of the Law of Torts is to provide remedies to claimants who have suffered harm, loss, or an infringement of rights. The harm includes physical injury to persons or property, damage to persons’ reputations or financial interests, and interference with persons’ use and enjoyment of their land. However, just suffering such a loss does not necessarily mean the law will provide a remedy; a claimant must show that the person committing the tort owed them a duty of care and that the tort caused the loss. Task 3.3: Explain how a business can be vicariously liable? The company is liable when the manager is under the control of the employer that the employer tell the employee how to the work and when to the work. the work that the employee does forms part of the general business of the organisation. There is a contract of service between the organisation and the employee. Daniels v Whetstone Entertainments Ltd [1962] A nightclub bouncer forcibly ejected Mr Daniels from the premises following a disturbance. Once outside, the bouncer assaulted him. Task 4.1: Apply the element of the tort of negligence and defences in different business situations? Negligence is an important tort that covers a wide range of situations where persons negligently cause harm to others. In order to succeed in an action for negligence, it is necessary for a claimant to establish the following three elements: 1. The defendant owed the claimant a duty of care. 2. The defendant breached that duty of care. 3. Reasonably foreseeable damage was caused by the breach of duty. Task 4.2: Apply the elements of vicarious liability in given business situations? Employers are vicariously liable for Employee acts authorized by the employer Unauthorized acts so connected with authorized acts that they may be regarded as modes (albeit improper modes) of doing an authorized act. There is normally rarely an issue as to whether a given act falls within the first category The difficult cases involve assessing the connection between the act and the employee’s employment. Bazley established that the connection between the employment and the tort contemplated in the second branch of the Salmond test had itself to be addressed in two steps: The Court must first examine â€Å"whether there are precedents which unambiguously determine on which side of the line between vicarious liability and no liability the case falls.† If the prior case law does not clearly suggest a solution, then the Court is to resolve the question of vicarious liability based on a policy analysis directed at ascertaining whether the employer’s conduct created or enhanced the risk that the tort would occur. Task 4.3: Discuss three methods you can use to apply elements of tort properly in a work a place? CONTROL One of the traditional explanations of vicarious liability is that the employer should be vicariously liable since the employer controls the activities of her employees. The relationship between the parties As duties in tort are fixed by law, the parties may well have had no contact before the tort is committed. Unliquidated damages The aim of tort damages is to restore the claimant, in so far as money can do so, to his or her pre-incident position, and this purpose underlies the assessment of damages. Tort compensates both for tangible losses and for factors which are enormously difficult to quantify, such as loss of amenity and pain and suffering, nervous shock, and other intangible losses.. LIST REFERENCE Atiyah P S — Introduction to the Law of Contract (Clarendon Press, June 1995) ISBN: Beale/Bishop and Furmston — Contract — Cases and Materials (Butterworth, October 2001) Cheshire/Fifoot and Furmston — Law of Contract (Butterworth, October 2001) ISBN: Cooke J — Law of Tort (Prentice Hall, May 1997) ISBN: 0273627104

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