Contract Law Essay Example | Topics and Well Written Essays - 1000 words - 5

Contract Law - Essay Example In the case of Bell,3 the court ascertained that in the event of an occurrence of common mistakes that undermines the subject of the agreement it renders that contract void. The law recognizes three types of common mistakes namely, res extincta, res sua and mistake on the basis of quality and personality of the subject matter of the contract. Res axtincta is a common mistake where the parties enter into a contract to acquire something that does that both parties are unaware of its non-existence.4 res sua is a common mistake where one party forms an agreement with the other to acquire the interest in something already that party has, but without the knowledge of either party. Finally, a common mistake on the basis of quality is where the parties form an agreement to perform something different from what they thought it was.5 A common mistake can limit the parties to the contract from reaching an agreement because the parties are incapable of establishing corresponding offer and acceptance on an essential issue of the agreement.6 Also, even when parties have reached an agreement, there is a shared mistake in relation to the associated circumstance. Under the English Common law, the common mistakes might undermine the contract by rendering it completely void.7 However, unless the issues are serious it might not be necessary for the parties to seek legal intervention, even though, the parties could not have entered into the agreement had they known the true position at the time they were forming the contract.8 Equitable jurisdiction refers to a structure of integrity considered to enhance the common law by taking action in an equitable and rational manner that results in just outcome.9 Under equitable jurisdiction, the parties to the contract are prohibited from enforcing their legal rights in case it was unacceptable for them to do so. The essence of equitable jurisdiction is to ensure no party takes

History of Rape in armed conflict

History of Rape in armed conflict Rape and violent sexual abuse of women in armed conflict has a long history which corroborates that sexual violence is not only common; in effect it is encouraged. In war, every man could be king  [1]  . Rape has existed as an invidious expression of the domination and subjugation of women throughout the course of human existence and is compelling evidence of the subordination of women by men  [2]  .Women are raped by men of all ethnic origins, creed and ideologies. During Biblical times soldiers regarded women as spoils of war; Biblical law conveyed that soldiers could take these as plunder. [a]nd you may use the plunder the Lord your God gives you from your enemies  [3]  . Hebrews raped  [4]  and were permitted to keep the captives as slaves or concubines. Greeks raped; Homers Iliad offers an insight into the fate of women in war, the book opens with an argument between the Greek warriors Agamemnon and Achilles over the possession of women seized during the Trojan W ar. Chryseism a Trojan woman of lesser status was captured by the Spartans and given to Agamemnon as his battle camp entertainment  [5]  . In the History of Art H W Janson has offered an explanation of the sculpture by the 16th century Italian artist Giovanni Bologna entitled Rape of The Sabine women, which is a reminder of the fate of the Sabine women at the hands of Roman warriors  [6]  . In the middle age during the first crusade knights throughout their march to Constantinople set aside time to assault women  [7]  . In the fifteenth century French soldiers raped English women during the hundred year war  [8]  and Catholic French raped French women during the war of religion  [9]  . In 1746 King Georges army suppressed a Scottish rebellion by raping any Scottish woman ill-fated enough to be home  [10]  . George Washingtons documents recorded an occurrence of rape in the revolutionary war  [11]  .General Andrew Jackson was credited with coining the phrase Booty and Beauty during the 1812 war  [12]  ,substantiating the opinion that women during war become mere object and are no more legal su bjects. In 1914 during World War I, rape was extensively used against French and Belgian women by German soldiers, who began to abandon this practice  [13]  , when the troops switched to trench warfare making access to local women difficult  [14]  . Rape was used as a war tactic by German and Japanese armies in World War II and later by the Russian forces as a weapon of retribution .Kristallnacht or the night of broken glass was a night of rapes, arson, plunder and murder in November 1938 as Germans killed Jews, burned their properties and arrested the survivors, so that they could be moved to concentration camps  [15]  . However, it must be noted that Hitlers government expelled rapists from the Nazi party and turned them over to the civil courts as Nazis regarded rapes more reprehensible than murder since rape violated Nuremburg racial laws forbidding sexual intercourse between Gentiles and Jews. When the war changed course and the Russian army advanced into German territory, G erman women were treated exactly as the Russian women had been treated by the Germans. Hordes of Russian troops demanded the rights due the conquerors: the women of the conquered  [16]  . Moroccan armed force in 1948 fought free French forces in Italy under contract terms that included free license to rape and plunder in the enemy territory  [17]  . In 1937 during World War II the Chinese Nationalist army used Nanking as its capital but General Chiang Kai-shek decided not to defend Nanking and withdrew the army when Japanese forces arrived leaving the city full of defenceless women and children resulting in a number of them being abnormally and sadistically killed and raped  [18]  . Many old women and young girls were raped and their bodies were mutilated after the act. In the Tokyo tribunal it was noted that the Japanese government had knowledge of the rapes but did nothing to prevent them from happening  [19]  . The atrocities did not stop with Nanking, the Japane se soldiers forced almost 80,000 to 200,000 Asian women, mostly Korean who were known as comfort women, to serve as sex slaves. These comfort women were held mostly at frontline brothels and evidence shows that officials of the Japanese Imperial army  [20]  maintained meticulous records about the price per woman (one yen to use a Chinese woman, one and a half yen to use a Korean woman and two yen to use a Japanese woman) , revenue generated and venereal disease  [21]  . While giving evidence at the Tokyo tribunal, one soldier admitted that he partook in daybreak raids on Korean villages dragging women and loading them into trucks to be taken to frontline brothels  [22]  . Historians hold the view that most women held in Japanese brothels died during or soon after the World war II  [23]  . The experience of Vietnamese women in the 1960s was no different than the experience of women involved in armed conflict in the past.The sight of a womans body spread eagled with an 11th brigade badge between her legs, witnessed by an American G.I flying over a rice paddy near the village of My Lai in Vietnam, a few days after an American unit had massacred nearly the entire population, bears some evidence to this continuing abuse.  [24]  . Time and war tactics advanced but the plight of women during armed conflict saw no change. More than 20,000 Bengali women were raped and impregnated by Pakistani soldiers in the 1971 war between Pakistan and what is today Bangladesh  [25]  . Almost 5000 women were raped by Iraqi soldiers during the August 1990 invasion of Kuwait and after liberation a number of foreign domestic workers were raped by returning Kuwaitis  [26]  . Women in Rwanda  [27]  and Kashmir  [28]  suffered rape and death during internal armed conflict. During Perus 12 year internal war women were raped, murdered and threatened both by the government security forces and the communist party of Peru shining path  [29]  . Similarly women in East Timor were raped and killed since the Indonesian occupation of 1975  [30]  . During the ethnic violence of Liberias civil war, Liberian women faced rape and death  [31]  . Media reports are available of sexual violence committed against women by UN TAC in Cambodia; UN forces in Somalia and rebel forces in Dr. Congo  [32]  . Most recently, there have been reports of mass rapes which have occurred in the war torn lands of the former Yugoslavia. M. Cherif Bassiouni (head of an U N commission investigating war crimes) cited almost 13,000 to 50,000 rape victims in the Bosnian war, majority being Muslim women victimized by the Serbs  [33]  , who used rape as a weapon in order to express the totality of victory, a means for troop mollification and as a form of genocide and ethnic cleansing. The details listed above are but a few to give an insight into the historical past ; however, for ages rape has been used and continues to be used globally as a weapon during internal or external armed conflict.

Holocaust Essay -- History Genocide Nazi Germany Jews Essays

Holocaust Introduction   Ã‚  Ã‚  Ã‚  Ã‚  What, when, where, and why was the Holocaust? The Holocaust was first called a religious rite in which an offer that gave to some one was burned in a fire. The current definition of holocaust is any widespread human massacre. When it is written Holocaust, it means when Nazi Germany completely destroyed the Jewish. The Holocaust was during the period of January 30, 1933 to May 8, 1945. Hitler became Germany’s chancellor when it first started and the war ended on the last day of the Holocaust, or known as V-E Day. During that time frame, Jews in Europe were killed in the worst way possibly and led to the death of 6,000,000 Jews and 5,000 communities destroyed. 1.5 million of those Jews killed were children.   Ã‚  Ã‚  Ã‚  Ã‚  After Germany’s lost in World War I, they were embarrassed by the Versailles Treaty, which lowered its prewar territory and armed forces. The German Empire demolished, a new government of parliament called the Weimar Republic was born. The republic suffered from economic instability, which grew worse when the great depression was happening. The great depression was when the stock market crashed in New York in 1929.   Ã‚  Ã‚  Ã‚  Ã‚  Adolf Hitler became leader of the Nazi(National Socialist German Workers Party) on January 30, 1933. He was named chancellor by president Paul von Hidenburg after the Nazi won a election by the majority of the votes in 1932. Propaganda: â€Å"The Jews Are Our Misfortune†   Ã‚  Ã‚  Ã‚  Ã‚  The Nazi newspaper, Der Sturmer (The Attacker), was a major tool in the Nazi’s propaganda assault. The paper said, â€Å"The Jews are our misfortune†, in bold print, on the bottom of the front page of each issue. In the Der Sturmer, the Jews were regularly drawn as hooked-nosed and ape-like cartoons. By 1938, about a half a million copies were sold weekly because the influence of the paper was far reaching.   Ã‚  Ã‚  Ã‚  Ã‚  A little after Hitler became chancellor, he called for a new election for a effort to gain complete control of the Reicstag. Reicstag was a German parliament for the Nazi. The Nazi used the government to mess with the other parties. They banned their political meetings and arrested their leaders. The Reichstag building burned down February 27, 1933 during the middle of the election campaign. Marinus van der Lubbe, a Dutchman, was arrested for burning the building and he swore he di... ... were able to hide nearly 7,200 Jews and transported them to safety in neutral Sweden. A young Swedish diplomat named Raoul Wallenberg, saved 1000,000 Hungarian Jews by issuing them passports so they would not be deported. A German factory owner, Oscar Schindler, saved his Jewish slave laborers by getting them from transports to the concentration camps. He kept them and fed them until the war was over. Some of the righteous gentiles saved the Jewish children by taking and raising them as their own. Liberation and the End of the War   Ã‚  Ã‚  Ã‚  Ã‚  Gradually the camps were liberated, as the Allies advanced on the German Army. As the war ended, between 50,000 and 100,00 Jewish survivors were living in three areas of occupation: British, American, and Soviet. That figure grew to 200,000 within a year. The American occupation had more than 90 percent of the Jewish displaced persons. The Jewish displaced persons could not return to their homes, this brought back horrible memories and fear of danger from anti-Semitic neighbors. Until emigration could be arranged to Palestine, and later Israel, United States, South America, and other countries the displaced Jews remained in camps.

It Is Important to Have a Realistic View of Life

People say that its important to have a realistic view of life. For most people, to not have a realistic view of life is to risk of failure to achieve ones goals and dreams. such people usually become more lonely or bitter. every so often, one person refuses to accept what others call a realistic view of life and instead insist on changing the world around them to fit the vision that they have in their head. People have the power to change the world for the better or worse, for good and evil. Bin Laden is a perfect example for this.Unfortunately he used violence and pain to try to force his view on others and not to convince them by superior thoughts. If people do not achieve their goals and dreams, they might be unhappy or unsatisfied for the rest of their lives. For example, a person who dreams of becoming a doctor, but never gets to medical school, she would probably be very disappointed. The same thing applies for any goals a person has in their life. For this reason, it is impor tant that people choose realistic goals that can be achieved.Some people in this world however, refuses to accept the idea that they cannot achieve ant dreams they have. A person like this may decide to be a doctor even when their teacher says that her grade are not good enough to pass. A person like this will study very hard and would also study to intensely that she will do whatever she needs to do to achieve good grades. People like this are sometimes the people who changes the world around them, Instead of letting the world tell them what they can and cannot do.These people pursue their dreams and try to make the world fit their dreams. So by doing this they can make their own reality. People who refuse to accept a limit to their dreams can have the power to change the world. Many famous inventors in history did not listen to people around them who said â€Å"give it up† or â€Å"it won't work†. The famous Wrights Brothers were one of the many to deny these people and follow their dreams. As a result, they helped changed the world and now many people fly around the world because of them. They made a huge impact in the world and has change history.Not all people refuse to listen to others and follow their dreams are good. Of course the Wright Brothers and world famous scientists like Albert Einstein can be seen as positive impact because of the inventions they have created to help the world, but there are many others such as Bin Laden who peruses his dreams to hurt the world. He was probably been told various of times that he will not be able to beat The United States of America and change the world. He has refused to listen to these people and has gone on to fight a war.In contrast, both Bin Laden and Einstein have unrealistic view of life and both have dreams that they want to pursue. The only difference is that one is positive while the other is negative. In conclusion for most people, it is important to have a realistic view of life since they risk unhappiness if they do not succeed. There are a few people for whom a realistic view of life is not needed since they believe they can change the world through their actions. Hopefully people will change the world for the better and not worse.

How to Sleep Well Essay

In order to kip good we should follow three grounds. First of all. don’t eat or imbibe a batch before bedtime. If you drink excessively much liquid before kiping. you’ll wake up repeatedly in the dark for trips to the bathroom or cause you to wake up repeatedly. Don’t eat spicy or fatty nutrients because they cause pyrosis particularly. don’t eat something that triggers 5-hydroxytryptamine. which makes you sleepy. Second. make and don’t exercising when you have free clip. For illustration. if you have a sedentary occupation. a deficiency of physical effort may be cut downing the quality of your slumber. A twenty-four hours of physical effort ( such as taking a tally or a swim ) or. better yet. regular exercising can do for deeper and more reposeful slumber. The best clip to exercising is in the afternoon. Third. Change your kiping place. You may believe that it’s impossible to command what place you sleep in since you aren’t to the full cognizant of what you are making. but it can do a considerable difference. When you go to kip. or if you wake up in the center of the dark. do a witting attempt to follow these guidelines until it becomes accustomed. Keep your organic structure in a â€Å"mid-line† place. where both your caput and cervix are kept approximately consecutive. Don’t use a level pillow that causes your caput to lean down toward the mattress. It’s hard to keep the mid-line place. and it is more likely to do strivings. This will assist relieve emphasis on your dorsum and cervix by somewhat shore uping up your organic structure on one side. To sum up. seek one or two or a combination until you have adequate quality sleep to experience watchful and good rested.