Monday, May 25, 2020

Americium Facts Element 95 or Am

Americium is a radioactive metallic element with atomic number 95 and element symbol Am. Its the only synthetic element encountered in everyday life, in minute quantities in ionization-type smoke detectors. Here is a collection of interesting americium facts and data. Americium Facts Americium was first synthesized and identified in 1944 by Glenn T. Seaborg, Ralph James, L Morgan, and Albert Ghiorso at the University of California, Berkeley as part of the Manhattan Project. The element was produced using a 60-inch cyclotron, although its likely earlier experiments had also produced the element. Although element 95 was discovered by synthesizing it, americium occurs naturally as a trace element in uranium-containing minerals. In the distant past, the element occurred naturally from nuclear reactions as recently as a billion years ago. All of this americium has already decayed into daughter isotopes. The element name americium is for America. Americium is located directly below the lanthanide element europium, which is named for Europe. Americium is a shiny silver radioactive metal. All isotopes of this element are radioactive. The isotope with the longest half-life is americium-243, which has a half-life of 7370 years. The most common isotopes are americium-241, with a half-life of 432.7 years, and americium-243. Americium-242 is also known, with a half-life of 141 years. In total, 19 isotopes and 8 nuclear isomers have been characterized. The isotopes variously undergo alpha, beta, and gamma decay. The primary uses of americium are in smoke detectors and for scientific research. Its possible the radioactive element may be used for spacecraft batteries. Americium-241 pressed with beryllium is a good neutron source. Like many radioactive elements, americium is useful for producing other elements. Element 95 and its compounds are useful portable alpha and gamma sources. Nuclear power plants naturally produce americium as part of the decay sequence from the neutron bombardment of plutonium. A few grams of the element is produced using this method each year. The physical and chemical properties of americium are similar to those of plutonium (the element to its left on the periodic table) and europium (the element above it on the periodic table). Fresh americium is a shiny silver-white lustrous metal, but it slowly tarnishes in air. The metal is soft and easily deformed with a lower bulk modulus than the actinides preceding it on the table. Its melting point is higher than that of plutonium and europium, but lower than that of curium. Americium is less dense than plutonium, yet denser than europium. Americium is paramagnetic over a wide temperature range, from extremely cold temperatures to above room temperature. The most common oxidation state of element 95 is 3, but it can range anywhere from 2 to 8. The range of oxidation states is the widest for any actinide element. The ions are colored in aqueous solution. The 3 state is colorless to reddish yellow, 4 state is reddish yellow, with brown and green colors for other states. Each oxidation state has a distinctive absorption spectrum. The crystal structure of americium depends on temperature and pressure. Under normal conditions, the metal is seen in a stable alpha form that has hexagonal crystal symmetry. When the metal is compressed, it changes to the beta form, which has face-centered cubic symmetry. Increasing the pressure even more (23 GPa) transforms americium into its gamma form, which is orthorhombic. A monoclinic crystal phase has also been observed, but its unclear exactly what conditions cause it. Like other actinides, americium self-damages its crystal lattice from alpha decay. This is especially noticeable at low temperatures. The metal dissolves in acids and reacts with oxygen. Americium may be used together with phosphorescent zinc sulfide to make a homemade spinthariscope, which is a sort of radiation detector that predates the Geiger counter. The radioactive decay of americium provides energy to the phosphor, causing it to emit light. There is no known biological role of americium in living organisms. Its generally considered toxic because of its radioactivity. Americium Atomic Data Element Name: Americium Element Symbol: Am Atomic Number: 95 Atomic Weight: (243) Element Group: f-block element, actinide (transuranic series) Element Period: period 7 Electron Configuration:  [Rn] 5f7  7s2 (2, 8, 18, 32, 25, 8, 2) Appearance: Silver metallic solid. Melting Point:  1449  K  Ã¢â‚¬â€¹(1176  Ã‚ °C, ​2149  Ã‚ °F) Boiling Point:  2880  K ​(2607  Ã‚ °C, ​4725  Ã‚ °F)  predicted Density:  12  g/cm3 Atomic Radius: 2.44 Anstroms Oxidation States: 6, 5, 4, 3

Monday, May 18, 2020

A Book Review of Lost History by Michael Hamilton Morgan

UICI 2022– F1 SCIENCE TECHNOLOGY amp; MANKIND DR. ABDUL AZEEZ YUSUF BOOK REVIEW: Book Review of â€Å"Lost History† by Michael Hamilton Morgan (30th NOVEMBER 2012) BY MEHRAN QADRI (A11CS2005) AHMAD AL RAZI (A11KP2008) MUHAMMAD SAYID SABIQ (AC102001) 1. Introduction The book that we have chosen to review is titled â€Å"Lost History, the Enduring Legacy of Muslim Scientists, Thinkers and Artists†. The author of the book is Michael Hamilton Morgan. The book was published in the year 2007 and also holds the same copyright date. The book is a non-fiction. The main subject matter of the book is the history of the Islamic civilization from the birth of the Prophet Muhammad (peace be upon him)†¦show more content†¦These facts certainly challenge the modern western civilization which claims that the above mentioned advancements in science as mathematics were made by Greek philosophers. The author also delightfully reminds the reader that it was in Baghdad that Scheherazade told the famous tales of the One Thousand and One Nights. The author also states the qualities of Muslim leadership using examples from Caliph AbÃ… « Bakr, Caliph `AlÄ « and others who championed an ethos of social fairness and justice, advanced public health and tolerance of diversity in faith, nationality, and ethnicity. He also mentions the character and work style of HÄ rÃ… «n al-RashÄ «d and focuses on the manner in which the Christian Crusaders treated the population in Jerusalem after conquering the city in 1099. They spared neither men nor women nor children, in sharp contrast to the manner in which Saladin treated the population of Jerusalem when he conquered it again in 1187. These facts are a rebuttal to the modern western civilizations who call the system of the Islamic Caliphate a dictatorship. The author has also used the method of narration in his book where he provides the reader with a timeline of events starting from the birth of the Prophet Muhammad (peace be upon him)Show MoreRelatedA Book Review of Lost History by Michael Hamilton Morgan2029 Words   |  9 Pagesamp; MANKIND DR. ABDUL AZEEZ YUSUF BOOK REVIEW: Book Review of â€Å"Lost History† by Michael Hamilton Morgan (30th NOVEMBER 2012) BY MEHRAN QADRI (A11CS2005) AHMAD AL RAZI (A11KP2008) MUHAMMAD SAYID SABIQ (AC102001) 1. Introduction The book that we have chosen to review is titled â€Å"Lost History, the Enduring Legacy of Muslim Scientists, Thinkers and Artists†. The author of the book is Michael Hamilton Morgan. The book was published in the year 2007 andRead MoreBelonging Essay4112 Words   |  17 PagesStephen, Billy Elliot Making Multicultural Australia, www.multiculturalaustralia.edu.au It is also suggested you choose 3-4 related texts as you will have more to discuss. You do not have to read a full book; a story from an anthology can be enough. You can also choose a poem, a picture book, film or photographs. Remember though that you will need to discuss at length the relevance of the chosen piece to write about how belonging is represented in the text, how are the ideas about belonging broughtRead MoreHbr When Your Core Business Is Dying74686 Words   |  299 Pages90 The Leadership Team: Complementary Strengths or Conï ¬â€šicting Agendas? Stephen A. Miles and Michael D. Watkins 100 Avoiding Integrity Land Mines Ben W. Heineman, Jr. 20 33 FORETHOUGHT HBR CASE STUDY Why Didn t We Know? Ralph Hasson 45 FIRST PERSON Preparing for the Perfect Product Launch THOU SHALT †¦page 58 James P. Hackett 111 TOOL KIT The Process Audit Michael Hammer 124 BEST PRACTICE Human Due Diligence David Harding and Ted Rouse 138 144 EXECUTIVERead MoreAgency Theory Essay 329591 Words   |  119 Pagesare far less settled. Indeed, even after some 75 years of conceptualization and empirical research, the three principal approaches that have long been proposed to mitigate the fundamental agency problem remain contentious. Accordingly, we provide a review of the fundamental agency problem and its mitigation through independence, equity, and the market for corporate control. 1 2 †¢ The Academy of Management Annals Introduction Agency theory is secure among the pantheon of conceptual/theoretical foundationsRead MoreOrganisational Theory230255 Words   |  922 Pages. Organization Theory Challenges and Perspectives John McAuley, Joanne Duberley and Phil Johnson . This book is, to my knowledge, the most comprehensive and reliable guide to organisational theory currently available. What is needed is a text that will give a good idea of the breadth and complexity of this important subject, and this is precisely what McAuley, Duberley and Johnson have provided. They have done some sterling service in bringing together the very diverse strands of workRead MoreBohlander/Snell-Managing Hr24425 Words   |  98 Pageschallenge well. Others are failing miserably as they try to manage across borders. More often than not, the difference boils down to how people are managed, the adaptability of cultures, and the flexibility of organizations. Up until this point in the book, we have emphasized HRM practices and systems as they exist in the United States. This is not so much an oversight on our part as it is a deliberate decision to explain the HR practice in the most fundamental manner possible. Nonetheless, the topicRead MoreMethod of Teaching and Learning18614 Words   |  75 Pagesfor the NHS. DoH, 2001), looking at how professions might be redefined in terms of their skills bases, areas of responsibility and competence (eg in A Health Service of all the talents: Developing the NHS Workforce. Consultation Document on the Review of Workforce Planning. DoH, 2001). One of the changes we are seeing in medical practice is â€Å"less reliance on a particular individual’s knowledge base or skill but rather on a team approach† †¦.which includes representatives of all health professions†¦Read MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesOne Lake Street, Upper Saddle River, New Jersey 07458, or you may fax your request to 201-236-3290. Many of the designations by manufacturers and sellers to distinguish their products are claimed as trademarks. Where those designations appear in this book, and the publisher was aware of a trademark claim, the designations have been printed in initial caps or all caps. Library of Congress Cataloging-in-Publication Data Robbins, Stephen P. Organizational behavior / Stephen P. Robbins, Timothy A. JudgeRead MoreDeveloping Management Skills404131 Words   |  1617 PagesPrinciples of Management, Human Resources, Strategy, and Organizational Behavior that helps you actively study and prepare material for class. Chapter-by-chapter activities, including built-in pretests and posttests, focus on what you need to learn and to review in order to succeed. Visit www.mymanagementlab.com to learn more. DEVELOPING MANAGEMENT SKILLS EIGHTH EDITION David A. Whetten BRIGHAM YOUNG UNIVERSITY Kim S. Cameron UNIVERSITY OF MICHIGAN Prentice Hall Boston Columbus IndianapolisRead MoreStrategic Marketing Management337596 Words   |  1351 Pages Strategic Marketing Management Dedication This book is dedicated to the authors’ wives – Gillian and Rosie – and to Ben Gilligan for their support while it was being written. Acknowledgements Our thanks go to Janice Nunn for all the effort that she put in to the preparation of the manuscript. Strategic Marketing Management Planning, implementation and control Third edition Richard M.S. Wilson Emeritus Professor of Business Administration The Business School Loughborough University

Thursday, May 14, 2020

How to Create the Ideal Study Space

Your study space is critical to your ability to study effectively. This doesnt necessarily imply that you have to find a place thats completely silent and set it up as your study area, but it does mean you should find a place to study that fits your specific personality and learning style. Identifying Your Ideal Study Space Everyone has different study preferences. Some of us need a completely quiet room free from any audible distractions. Others actually study better listening to quiet music in the background or taking several breaks. You will study most effectively if you make your study time special, like a ceremony. Assign yourself a specific place and regular time. Some students even give a name to their study space. It might sound crazy, but it works. By naming your study space, you generate more respect for your own space. It might just keep your little brother away from your things too! Creating Your Study Space Evaluate your personality and preferences. Discover whether or not you are vulnerable to noise and other distractions. Determine if you work better by sitting quietly for a long period of time or if you need to take short breaks once in a while and then return to your work.Identify the space and claim it. Your bedroom may be the best place to study, or it may not be. Some students associate their bedrooms with rest and simply cant concentrate there. A bedroom can also be problematic  if you share a room with a sibling. If you need a quiet place without distraction, it might be better for you to set up a place in the attic, basement, or garage, completely away from others.Make sure your study area is comfortable. It is very important to set up your computer and chair in a way that wont harm your hands, wrists, and neck. Make sure your chair and monitor are the right height and lend themselves to a proper ergonomic position for hours of comfortable studying. Take care to avoid repeti tive stress injury as this can lead to lifelong difficulties. Next, stock your study space with all the tools and supplies you’ll need, and make sure space is comfortable in temperature.Establish study rules. Avoid unnecessary arguments and misunderstandings with your parents by establishing when and how you study. If you know that you are able to study effectively by taking breaks, just say so. You may want to create a homework contract. Communicate with your parents and explain the ways in which you study best and why its important for you to take breaks, listen to music, grab a snack, or make use of whatever method best enables effective studying.

Wednesday, May 6, 2020

The University New Haven Teachers Institute - 1344 Words

I am presently employed by Yale University in the Yale-New Haven Teachers Institute ®. We are a small, unique department with our own endowment that functions under the Provost s office. We are almost like a virtual operation because we have little or no formal structure when compared to other departments in the University. We have a small staff of individuals who have a specific job/role in the Institute. We have a Director, an Associate Director, a Web Designer, a Database Developer, an Administrator, an IT Manager, and a Senior Administrative Assistant. The Yale-New Haven Teachers Institute ® is an educational partnership between Yale University and the New Haven Public Schools designed to strengthen teaching and learning in local†¦show more content†¦Following the approach developed in New Haven and implemented in other communities, the Initiative is timely because of the emphasis that public policy makers and educators continue to place on the fundamental necessity of effective teaching for student learning, the precept on which Teachers Institutes are founded. I described the function of our department in great detail to clearly depict how our department is focused more on goal setting than outcomes. We generally know what the outcomes will be because we provide professional development for public school teachers based on a seasonal cycle of completion. For me, it is a matter of working independently toward meeting set objectives in a timely fashion. For the past seven years, I have been the Senior Administrative Assistant for our department. The Associate Director is my direct supervisor. I collaborated with her on a daily basis for four years in our New Haven office. Three years ago, due to family obligations, she moved to Pennsylvania. This changed the whole dynamic of the office environment. We were uncertain what to anticipate – dreading the outcome. At first, it seemed like a very strange setup, but the transition from direct co ntact each day to receiving assignments via email, and the occasional phone call has, surprisingly, been quite smooth. Currently, my supervisor is only on ground

Leadership Styles And Its Impact On Organizational Success

In an organizational context, â€Å"a group is defined as two or more employees who interact with each other in such a manner that the behavior and/or performance of a member is influenced by the behavior and/or performance of other members† (Gibson et al. 230). Groups are a fundamental part of an organization and help to achieve organizational success. There are many factors regarding the behavior of group members, leadership styles, the use of power and politics, and types of conflict that have a large impact on organizational success. There are two different types of groups. There are formal groups, which are â€Å"created by managerial decision to accomplish stated goals of the organization† and there are informal groups, which â€Å"arise from individual efforts and develop around common interests and friendships rather than deliberate design† (Gibson et al. 231). The informal groups are not formally structured and are created to meet social needs. Within th e two groups are sub-classes. Command groups and task groups are types of formal groups that are formed in organizations. The members of a command group are â€Å"subordinates who report directly to a given supervisor† (Gibson et al. 231) An example of a command group is a department manager and the employees that work in that department. Task groups are made up of employees working together to complete particular tasks such as a group of individuals creating a new product for their company. There are also two types of informalShow MoreRelatedLeadership Styles : Transformational Leadership1112 Words   |  5 PagesLeadership Style Leadership is a process by which a person influences the thoughts, attitudes, and behaviors of others (Agard, 2011, p. 330). Leadership models can enable or hinder an organizations success. Additionally, leadership styles impact how effectively organizations reach their goals. When leaders understand their dominate leadership style, they can identify their strengths and weaknesses and gain insights on their abilities, values, and beliefs. In addition, understanding a leadersRead MorePrincipals Leadership Style Indirect Influence Studentssuccess1365 Words   |  6 PagesResearch Paper Does principal’s leadership style indirect influence students’ success in elementary schools? Introduction The leadership style of school’s principals in U.S. elementary schools plays an indirect role in the academic success of students when is implicit a transformational approach in the principal’s behavior. I mentioned indirect impact, because the truly direct impact is toward the teachers, which, as a transitivity effect, impact as well the academic achievement of their studentsRead MoreLeadership Roles And Its Impact On Organizations Essay1705 Words   |  7 PagesIntroduction The role of leadership and leaders in any organization is crucial to its continuity and profitability. Leadership as a function in an organization determines the motivation of employees, working culture and efficiency among others. Countries in Africa such as Nigeria and other European countries face the same needs in terms of leadership. Background of the study Every organization is a social setup that is separate from the environment in which it exists and pursues its own goals asRead MoreAnnotated Bibliography And Outline. Malik, S. (2012). A1273 Words   |  6 Pagesinstrumental in the success of the organization. It is worth noting that the manager s leadership style has a fundamental relationship to an organization s success because the decision made by the managers determines the success or failure of the organization. The article presents groundbreaking information about the relationship between the leader behavior of the corporate managers and the job expectancy amongst the subordinates. Due to the many years of testing the path-goal leadership, the model presentsRead MoreResearch Proposal. Leadership Style Organizational Commitment.1466 Words   |  6 PagesRESEARCH PROPOSAL LEADERSHIP STYLE ORGANIZATIONAL COMMITMENT INTRODUCTION Different leadership organisations have different leadership styles that they have adopted in their operations. However it is up to an organization to make sure that the leadership style it uses contributes to the commitment of different stakeholders in an organization. Organizational commitment is one of the salient on going organizational issues faced by managers. Past literature has highlighted the importance of retainingRead MoreThe Historical Development Of The Field Of Management1458 Words   |  6 Pagesaround the art and science of management and leadership. An organization needs both management and leadership (Satterlee, 2009). While both disciplines are at times interrelated, there are distinct characteristics that differentiate a manager from a leader. According to Marker (2010), both experience and literature establish major differences between leadership and management and understanding those differences are important for organizational success. There is not a cle ar defined way on whatRead MoreCitigroup : A Leading Multinational Investment Banking And Financial Services Corporation1653 Words   |  7 Pageswill be a direct reflection of how effectively my leadership skills will influence our organizational culture. Empowering Leadership and Organizational Culture The expectations for today’s workforce are as diverse as the workforce itself. With changes in workplace trends driven by new technology and Millennials and Generation Z’ers becoming the largest share of the American workforce, organizations are demanding more from their employees and leadership teams (Fry, 2015). As a result, there is a paradigmRead MoreManagement Styles Of Leadership Styles828 Words   |  4 Pagesdeterminant in an organizational success is directly related with the management styles of leadership. According to Parris Peachey (2013), the key to understanding an organizations success is to study its leaders. A leader’s ability to inspire, motive, and create a strong sense of engagement and commitment to the organization will determine the success or failure in the attainment of goals. Transformational, charismatic, and servant leadership are three styles that organizational leaders might possessRead MoreLeadership Models : The Transformatio nal Leadership Model818 Words   |  4 Pagesplethora of leadership models to choose from, however, not all leadership model are able to transcend cultures ethically. Organizations seeking to globalize and diversify must choose a leadership model that is equipped to hand such challenges. The cultural style impacts the leadership model, styles and traits, ethical leadership models are tools for shaping organizational culture while honoring the diversity of the social cultures represented by employees. The transformational leadership model is equippedRead MoreParticipative Leadership : Strengths And Weaknesses Essay1321 Words   |  6 PagesParticipative Leadership: Strengths and Weaknesses The simple act of making decisions is an essential task leaders must perform effectively to succeed. Behavioral theories of leadership focus on how leaders approach a situation and whether they dictate orders or involve others to encourage support. Research into decision-making behavior has identified three broad categories of leaders: autocratic, democratic, and laissez-faire. This paper will focus on these behavioral theories of leadership, primarily

Contractual Issues Arising in the Eccles and Moriarty Case Study

Question: Analysis the Contractual Issues arising in the Eccles and Moriarty Case Study. Answer: Introduction The scenario provided describes a transaction for the trade of Nepalese jade figurines between Eccles (the buyer) and Moriarty (the seller). The transaction begun after Eccles received a circular in the mail advertising the sale of the figurines. The facts of the case raise various issues under contract law; the following discourse will highlight and analyse each of these issues independently in order to determine the rights and liabilities of both parties involves. The main issue in question being whether Eccles can return the figurine and claim a refund or whether Moriarty is entitled to sue for the balance. Invitation to Treat Issue: Is Moriarty bound by the special offer sent to Eccles by mail on 1st March and Eccles subsequent acceptance? Principles: The law requires that for a contract to be valid an agreement must exist; the elements of an agreement include an offer and subsequent acceptance of said offer;[1] there must be a meeting of minds as illustrated in Smith v Hughes (1871).[2] An offer, however, should not be mistaken for an invitation to treat which would be the invitation for further negotiation and not a willingness to be committed should a buyer respond in the affirmative.[3] Advertisements, more often than not, are taken as invitations to treat; this was illustrated in Pharmaceutical Society of Great Britain v Boots (1953).[4] In this case, was of the opinion that a contract would not be complete merely because a customer picked goods and placed them in their basket, the seller or their agent would have to accept that the goods are indeed for sale.[5] However, where the conduct of the party can be construed to show intention, as in the Carlill v Carbolic Smoke Ball Co (1893) case, then the seller will b e bound by the agreement should the buyer accept the offer.[6] Application: Having considered the standing of the law on offers and invitations to treat; Moriarty sent out circulars by post to potential buyers, Eccles happened to be one of the recipients. Circulars are a means of advertisement as catalogues, price lists among others; these, in the same manner as displays in shops, would be considered an invitation to treat.[7] This is because; the seller on issuing them expresses no intention to be bound but simply invites buyers to negotiate further. The same can be said for the circular issued by Moriarty, it was sent as an advertisement; it is, therefore, an invitation for Eccles to make an offer which he did by placing an order, Moriarty could then chose to accept or reject Eccles offer. Conclusion: Moriarty made an invitation and therefore acceptance would not bind them to the agreement but rather create an offer from Eccles. Counter Offer or Misleading Conduct Issues: What is the effect of the typographical error listing the price as $250 instead of $350? Does it constitute a counter offer? Is Moriarty liable for misrepresentation? Principles: A counter offer is a presentation of a different set of terms or the alteration of already existing but important terms to the contract.[8] Lush J in Stevenson, Jacques Co v McLean (1880)[9] differentiated between a mere request for clarification or added information and a counter-offer. When a counter-offer is made, the counter-offeree can accept or reject the counter offer, of which both options revoke the original offer. As illuminated in Hyde v Wrench (1840)[10], the counter offer serves to effectively terminate the original offer unless the offeror reaffirms it expressly after rejecting the counter offer. As such, bringing up a new price would constitute a counter offer as it alters a principle term in the original agreement. If and when accepted, a new contract is formed binding on both parties. Additionally, it is important to note that the law prohibits parties from providing false information to induce another party to engage in the contract; such false information would be considered a misrepresentation.[11] According to the Competition and Consumer Act 2010 (Cth), misrepresentations on quality, value, use and even price would be considered an offence that could lead to penalties being visited on the offender.[12] As illustrated in ACCC v Audi Australia Pty Ltd (2007), where an advertisement as to a purchase price is misleading, the buyer can opt to rescind the contract or make a claim for damages. However, where they discover the misrepresentation and proceed to complete the contract then they shall be bound by the new terms. A misrepresentation may be innocent, where the seller believes the statement to be true, or fraudulent, where it was made with the knowledge that it was untrue. A seller who makes a misrepresentation believing the statement to be true can rely on t heir innocence as a defence.[13] Application: Moriarty on 6th March issued a reply to Eccles order citing a typographical error in the original circular; as a result, the price was increased to $100. This new price could be seen as a counter offer and when Eccles decided to proceed then a new contract was formed. Additionally, the previous information on price had been false, a falsehood Eccles saw as questionable marketing practice. On this ground, and at this juncture, Eccles could have opted to rescind the contract and request a refund. If Moriarty issued the statement while aware of the error then they would be engaging in fraud which would make them liable to penalties as an offence in law. However, if they were honestly unaware they would rely on innocent misrepresentation as a defence. Conclusion: The typographical error brought about new terms thus cancelling the original offer, Eccles agreement to the new price on 9th March created a new agreement. Moriarty is only liable in so far as they were aware of the misrepresentation, otherwise, they can rely on innocent misrepresentation as a defence. The Postal Rule Issue: What is the effect of Eccles communication on 9th March and his subsequent decision to rescind the contract? Principle: In contract law, it is important that all responses are communicated so that they can be effective. An offer may describe the mode in which responses may be received or communication made, if this is not specified it is assumed that the means used to make the offer would suffice as a mode of communication.[14] Where a reply by post is required but not specified as the only means of communication then the offeree can opt for a more instantaneous means of response. However, should a delay arise then the risk and subsequent consequences are borne by the offeree.[15] In the case of post or other non-instantaneous modes of communication, acceptance occurs when the letter is posted. This was the holding in Bressan v Squires (1974) where a contract provided that communication of acceptance could be done by post addressed to the seller. Where the parties contemplate, either impliedly or expressly, that communication can be done by post then communication will be deemed to have occurred upon sending the letter not receipt.[16] In Bryne Co v Leon Van Tienhoven Co (1880), the defendants posted a letter withdrawing the offer; this information did not reach the plaintiff until after they had already issued and confirmed acceptance. The court found the letter of withdrawal ineffective stating the contract was completed by the subsequent acceptance.[17] Revocation, therefore, must be received and understood while acceptance is binding upon sending and not receipt.[18] Additionally, termination must be done prior to acceptance or commencement of performance;[19] where acceptance has occurred or performance commenced, the party revoking or terminating the contract may be liable for breach and as such subject to pay compensation by way of damages. Application: Eccles accepted the new price, by sending a reply with his payment enclosed. As soon as the post was sent then it is deemed that acceptance had been communicated and as such the contract completed binding both parties. As the mode of communication had been by mail throughout the transaction then it is implied that this was an accepted means for both parties. As such, whether Moriarty had received the letter or not does not in any way negate the Eccles acceptance on the 9th of March. Additionally, after the acceptance by post then neither of the parties can purpose to terminate the contract without consequences. The terms of the new contract were such that, where Eccles did not communicate by 10th March then Moriarty would proceed with the contract. This, however, is not in line with the spirit of the rules of acceptance which require that acceptance be communicated. Furthermore, Moriarty sent the figurine before the end of 10th March; the phrase no later than would mean that this wou ld be the last day allowed for communication. Regardless, Eccles communication on 9th March bound him to the contract. Conclusion: Moriarty can sue for the balance as a contract existed as of 9th March, however, Eccles can rely on the doctrine of Misrepresentation citing Moriartys conduct to rescind the contract and seek a refund by way of damages. References A Articles/Books/Reports Andy Gibson and Douglas Fraser, Business Law 2014, (Pearson Higher Education AU, 2013) ACCC, Advertising and selling guide: False or misleading claims Australian Competition Consumer Commission https://www.accc.gov.au/publications/advertising-selling/advertising-and-selling-guide/avoid-misleading-or-deceptive-claims-or-conduct/false-or-misleading-claims Ewan Mckendrick and Qiao Liu, Contract Law: Australian Edition (Palgrave Macmillan, 2015) Legal Services Commission, False or misleading representations (22 February 2013) Law Handbook https://www.lawhandbook.sa.gov.au/ch10s03s03s03.php Legal Services Commission, Misrepresentation (2 March 2009) Law Handbook https://www.lawhandbook.sa.gov.au/ch10s02s10.php Paul Latimer, Australian Business Law (CCH Australia Limited, 2012) Neil Andrews, Contract Law (Cambridge University Press, 2015) B Cases Bressan v Squires [1974] 2 NSWLR 460. Bryne Co v Leon Van Tienhoven Co (1880) LR 5 CPD 344 Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Hyde v Wrench [1840] 49 ER 132] Pharmaceutical Society of Great Britain v Boots [1953] 1 All ER 482 Smith v Hughes (1871) LR 6 QB 597Stevenson, Jacques Co v McLean [1880] 5 QBD 346 Tinn v Hoffman Co (1873) 29 LT 271. LegislationCompetition and Consumer Act 2010 (Cth) Ewan Mckendrick and Qiao Liu, Contract Law: Australian Edition (Palgrave Macmillan, 2015) 26. Smith v Hughes (1871) LR 6 QB 597. Neil Andrews, Contract Law (Cambridge University Press, 2015) 37. Pharmaceutical Society of Great Britain v Boots [1953] 1 All ER 482. Ibid. Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256Andy Gibson and Douglas Fraser, Business Law 2014, (Pearson Higher Education AU, 2013) 339. Andrews, above n 3, 57. Stevenson, Jacques Co v McLean [1880] 5 QBD 346 Hyde v Wrench [1840] 49 ER 132] ACCC, Advertising and selling guide: False or misleading claims Australian Competition Consumer Commission https://www.accc.gov.au/publications/advertising-selling/advertising-and-selling-guide/avoid-misleading-or-deceptive-claims-or-conduct/false-or-misleading-claims Competition and Consumer Act 2010 (Cth), s 29; Legal Services Commission, False or misleading representations (22 February 2013) Law Handbook https://www.lawhandbook.sa.gov.au/ch10s03s03s03.php Legal Services Commission, Misrepresentation (2 March 2009) Law Handbook https://www.lawhandbook.sa.gov.au/ch10s02s10.php Paul Latimer, Australian Business Law (CCH Australia Limited, 2012) 332. Tinn v Hoffman Co (1873) 29 LT 271. Bressan v Squires [1974] 2 NSWLR 460. Bryne Co v Leon Van Tienhoven Co (1880) LR 5 CPD 344 Andy Gibson and Douglas Fraser, Business Law 2014, (Pearson Higher Education AU, 2013) 349.Ibid, 348.

Tuesday, May 5, 2020

Effects of Dota free essay sample

It competed with Bay and Pagsanjan during the selection of the province’s capital. The popularity of this new town grew instantly during the Spanish period. Its location at the foot of the mountain gave it an abundant supply of fresh mountain spring water. Four rivers flowed through the town. They were Initian, Oobi and Ula, from the towering mountain, and Balanac from the falls of Botocan where all the three rivers meet. Botocan Falls and the town’s breathtaking sceneries were uniquely famous. Europeans and wealthy natives from Manila frequently visited the town. However, the road to Malay Barangay was tough. Guests have to be ferried from Manila through the Pasig River to Laguna de Bay. Land travel began by mounting on horses through a path in the forest, and then borne by natives in hammocks on the way up to Malay Barangay. As to how Malay Barangay got its name Majayjay, residents assume that Spaniards found it difficult to pronounce Malay Barangay. Early colonizers may have shortened it to Malay-ay, until it became Majayjay. Legends, however say that it was the difficult journey to Majayjay, which gave the town its name. Tired travelers sighed, â€Å"Hay! † after scaling a cliff, â€Å"Hay! † after ascending a hill, and â€Å"Hay! † after crossing a raging river. Thus, guests referred to the place â€Å"Mahayhay,† meaning, many sighs. Spaniards spelled it â€Å"Majayjay. † Immediately after the conversion of the natives of Malay Barangay, a make shift church was built near May-it River. Fire destroyed it in 1578. Believers built a new church made of bamboo and cogon thatch to refurbish the former. However, fire again razed it to the ground. This time, the faithful built a stone church, but it again smoldered to ashes. The residents wondered. In spite of the repeated incidents of fire, the image of their Patron Saint, San Gregorio Papa Magno remained miraculously unscathed. Through the efforts of Padre Jose de Puertollano, contributions enforced from parishioners, and forced labor of the natives, a new elegant church rose in Majayjay. It took nineteen years, incalculable donations and countless lash marks that scarred the backs of languid natives to finish the church. The church’s completion in 1730 put it in the list of the most elegant churches in the province. The St. Gregory Church IN RETROSPECT, Christianizing Filipinos was the other side of Spanish conquest of the Philippines. Memories of this period are enshrined in colonial churches an Augustinian priest fondly calls angels in stones or messengers from heaven. The 280-year-old St. Gregory Church of Majayjay in Laguna not only bears the endearing term but also serves as one of the living testaments to the strong religious overtones that blended with the colonial rule. The pioneer evangelists in the Philippines were Augustinian friars who were not only preachers but also excellent architects and planners known in Spain during that time. They arrived in the Philippines in 1565 with the expedition of Legaspi and Urdaneta. The rest followed, with the Franciscans, Jesuits, Dominicans and Augustinian Recollects. How they carried out their missions is a chronicle of dramatic events that culminated at the end of the regime in 1898, in a legacy of 326 towns established, each with a church and 2,237,446 converted souls. Pale-skinned strangers In 1568, five Augustinian priests came to Majayjay accompanied by Juan de Salcedo, a nephew of Legaspi. The town was a small village in the middle of a scrubland at the end of steep and winding trails. In the beginning, the villagers were skeptical, viewing the pale-skinned strangers with strong suspicion that they came to rule their village. Their chieftain named Gat Yantok turned down the conference and with his men walked away, murmuring war. Seasoned in Mexico in handling this kind of situation, the missionaries left humbly but came back later with porters carrying luggage containing food, clothing and other items which they doled out to the natives as tokens of goodwill. They also attended to the sick. Continuing with this act of largesse, the Spanish missionaries finally won the hearts of the natives and conciliated them into embracing the Christian religion. Gat Yantok and his men had no choice but to join the mainstream. And as Christian converts, they even participated in a mass circumcision which was part of the initiation rites of the Christian religion. Majayjay was founded as a town in 1571, so named because during that time one had to gasp for wind and say? Hay? Repeatedly while scaling steep hills that led to the place. Majayjay derives from the Tagalog word mahayhay, which in English means many? hays.? The foundation of a town included the construction of a church and convent which, as directed by Ordinanza de Fundaciones de Pueblos, should be in a conspicuous spot far across the horizon. The Ordinanza was referring to the town plaza where the gobierno was also located. First church The first church of Majayjay was made of bamboo and boxo or dried cogon grass and built by the Spaniards on the west bank of May-it river in 1571. Given its light materials, it was later destroyed in a fire. Four others that were built through 1711 used lumber but were also destroyed by fire, except for one that simply crumbled down. Now wary of similar incidents, the Augustinian planners drew an architectural plan for another church that would survive for ages. The church would become today? s St. Gregory Church, named after San Gregorio Papa Magno of the early papacy. The St. Gregory Church is built of adobe stones with red tiles and prime lumber. At a construction cost of P26, 000, it took the natives of Majayjay 19 years to build it, until 1730. At the onset, the workers who included women were barely paid so that a few of them evacuated to the nearby province of Tayabas (now Quezon). To prevent other workers from fleeing, the priests implemented a fair wage system and scheduled construction work outside the harvest and planting seasons so as not to hamper the agriculture of the natives. No record shows the accounting of salaries paid for the construction of St. Gregory Church, but if patterned after the Sto. Nino Shrine in Cebu, where the workers received a total of P399 in five years, they must have received a total of P1, 500 in 19 years. Particularly during wet days, mishaps often took place during the construction of St. Gregory Church, resulting in injuries or deaths. Upon its completion in 1730, St. Gregory Church was considered the biggest in the Philippines. During its inauguration that year, a canon was fired in the presence of prominent colonial figures. Among the noted visitors was a wealthy European named Fidel Villaraza who came from Valencia, Spain. Senor Villaraza was fascinated with a beautiful native girl and later married her. From their marriage came the now large Villaraza clan in Majayjay. Romanesque Colonial churches in the Philippines are described as Romanesque or Baroque or Gothic in architectural style. The St. Gregory church is Romanesque, with its massive features and rounded arches. This style thrived in Western Europe in the 18th century. Completing the colonial structure is a monastery laid out in the traditional L-shape, where ecclesiastical events were held. St. Gregory Church has a three-story hexagonal bell tower, its main bell weighing approximately 3,000 kilos, delivering a thunderous peal reverberating at a radius of 3 kilometers. The nave is rectangular, above which is the pulpit and a clerestory where the choir loft is. There is a mysterious dark hole that looks like a cave on the west side of a dim alley on the ground floor of the monastery. Since after the Spanish era, no one has dared explore it because, it is believed, danger lurks inside. According to town mayor Tino Rodillas, lore has it that the dark hole leads to a tunnel running hundreds of meters southward, ending in a ravine. The tunnel, the old folk believed, served as the secret route for Spanish military officers who wanted to leave town without the people knowing it. Some time ago, some religious items in the reliquary dating back to the galleon-trade era went missing. The loss caused public uproar, but was soon forgotten. Puente Del Capricho 9TH-CENTURY Spanish photo of Puente Del Capricho In Majayjay, Laguna The thing is an ancient ruin of a weird, huge arch. It stands forlorn at the base of a steep ravine walled in by a thick jungle and the Olya River in Majayjay. It’s a tall arch, moss-covered, with wild ferns and creeping vines growing in its cracks and crevices. Below is a dark green lagoon where we swam and frolicked naked when we were young b oys many moons ago. Villagers made a makeshift bamboo footbridge attached to the abandoned arch. It is used as a shortcut by village people going on foot to the town of Majayjay. Old folks say the construction of the arch stopped abruptly in 1852. It was part of a three-arch bridge that would have shortened the route to Majayjay. Tales of political and clerical intrigues spun wildly, involving civil engineers under Governor General Urbiztondo and the hierarchy of the Franciscan religious order in Intramuros. The dual rule of the Spanish colonial government of civil administration and Christian evangelization of the archipelago sometimes overlapped, resulting in the confusion of accountability as exemplified by the scandalous and aborted bridge in Majayjay. At the center of the controversy was Fray Victorino del Moral, cura paroco of Majayjay, who supervised the construction of the bridge in the early part of 1852. Fray Del Moral, a Franciscan priest, was a strong presence in town. Young, energetic, outspoken and a disciplinarian, he was an old-world missionary evangelizer whose gospel oratory and administrative skill played important roles in the progress of his parish and the whole community. Evangelization The Franciscan order, to which Fray Del Moral belonged, was the second biggest group of friars who arrived in 1578. They took over the vangelization of the towns around Manila and Laguna de Bay all the way to south Luzon, including the Bicol region. The Franciscans built many beautiful churches, bridges, roads and dams. Many are still existing, such as the churches of Majayjay, Paete, Pakil, Lucban and Tayabas. In the Bicol region, they built Naga Cathedral and many others in Sorsogon. They also established charitable houses and ho spitals such as San Juan de Dios and San Lazaro hospitals. The aborted bridge that Fray Del Moral supervised in the ravines of the Olya River acquired two descriptive tags, which became famous. To my ancestors and the people of Majayjay, the bridge was called â€Å"Tulay ng Pigi† (buttocks bridge), to honor our ancestors who worked on the bridge—and got whacked on their buttocks. Latecomers for the job were given a dozen whacks with a paddle. There’s a strong suspicion that the work stoppage was a boycott, in protest against the physical punishment endured by laborers who reported late for work. Government representatives sent by Governor General Urbiztondo filed a report which devastated the pride and honor of Fray Del Moral. The report cited ignorance of scientific studies and engineering principles in the construction. The report strongly recommended the demolition of the bridge and construction of a new one based on proper project studies with engineering and architectural planning. As an insult to Fray Del Moral, the report further said the bridge building should not have been placed under the management of persons who do not have the engineering know-how and scientific knowledge. The Manila authorities gave the bridge a mocking title: Puente del Capricho, â€Å"bridge of whim. A Celebrated Traveller By the 17th  century, Majayjay was already famous for its church, one of the oldest in the Philippines, making it a popular destination among travelers and pilgrims. At that time, the travel from Manila was quite complicated. It involves a boat ride up the Pasig River across Laguna de Bay then a ride on a hammock borne by native bearers up the slippery hillside to the town. Yet despite the hardships, M ajayjay hosted Manila officials and guests, including some European royalties. Visitors in those days stayed in fine stone houses along the main street and around the plaza. A traveler  during the American period was so captivated  by Majayjay that he ordered  a road constructed  from the town to Botocan Falls (currently use by the  National Power Corporation to  harness hydroelectricity). The celebrated traveler was Governor and later US President  William Howard Taft. Today, a journey to Majayjay is an easy drive over good roads, though lodging is a problem. While the elegant ancestral houses are still present, they seldom open their doors to strangers.