Tuesday, December 31, 2019

Compensation For Breach Of Contract - 1843 Words

Section 74: Compensation for breach of contract where penalty stipulated for Section 74 lays down that â€Å"When a contract has been broken, if a sum is named in the contract as the amount be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for. Illustrations A contracts with B to pay B Rs. 1,000 if he fails to pay B Rs. 500 on a given day. A fails to pay B Rs. 500 on that day. B is entitled to recover from A such compensation, not exceeding Rs. 1,000, as the court considers reasonable.† In this section the only exception is â€Å"when any person enters into any bail bond, recognizance or other instrument of the same nature or, under the provisions of any law, or under the orders of the Central Government or of any State Government, gives any bond for the performance of any public duty or act in which the public are interested, he shall be liable, upon breach of the condition of any such instrument, to pay the whole sum mentioned therein † This section basically comes to play when a specific amount is mentioned in a contract as the amount payable in the event of breach or any other stipulation regarding a penalty is provided in a contract and theShow MoreRelatedDamages For Breach Under Indian Conract Act Essay1390 Words   |  6 PagesDAMAGES FOR BREACH UNDER INDIAN CONRACT ACT When a contract has been broken by the party who suffers by such breach1is entitled to receive from the party who has broken the , contract compensation for any loss or damage caused to him by whch the natural course of things from such breach or which the parties knew when they made the contract ,to be likely to result from breach of it , such compensation is not to be given by the any remote loss or the damage sustained by the reason of breach. ExplanationRead MoreThe Contract Between Tara And Vernon1559 Words   |  7 Pages(a) Is there a contract between Tara and Vernon? Yes, there is a contract between Tara and Vernon. Although parties may have entered into a valid contract, it is necessary to ascertain the extent of the obligations that the parties have entered into, that is the contents of the contract. A contract may be made wholly by word of mouth, we called it oral contract or wholly in writing, we called it written contract. Where the contract between Tara and Vernon is wholly in writing, the court will construeRead MoreA Contract Is A Violation Agreement Between Two Or More Persons / Parties1518 Words   |  7 PagesA contract is a lawful agreement between two or more persons/parties/people within the limits of their contractual capacity, with the serious intention of creating a legal obligation, communication such intentions without vagueness, each to the other being of the same mind as to the subject matter, to perform positive or negative acts which are possible of performance. (Gibson Fraser, 2011) To have a valid contract three elements are necessary: agreement, intention to create and consideration.Read MoreThe Position Under English Law Essay1337 Words   |  6 Pagesthe quality of contract law in India does not recognize the nature of compensation as under common law to exclude somewhat complex refining section 74. In the case of criminal provisions, damage will be assessed in the usual way, and the sum is greater than the plaintiff may recover even prescribed amount. In critical contracts, and the true nature of the payment of compensation, under the conditions and inherent circumstances the court must consider in making time of the contract, rather than atRead MoreMonetary Compensation For A Loss, Detriment, Or Injury? Essay1488 Words   |  6 PagesLiquidated damages are defined as ‘Monetary compensation for a loss, detriment, or injury to a person or a person s rights or property, awarded by a court judgment or by a contract stipulation regarding breach of contr act’ (1). Also referred to as liquidated and ascertained damages, liquidated damages are damages whose amount the parties agreed upon during the formation of a contract which the injured party can claim as compensation upon a specific breach, unlike unliquidated damages which are notRead MoreMedical Organizations And An Exclusive Contract1508 Words   |  7 PagesHospitals or specialized medical organizations often enter into a contract that is â€Å"Exclusive† meaning that the person or people will be providing a specific service to that organization. Specialized medical organizations also known as ancillary service departments are â€Å"specialized† departments such as radiologists, anesthesiologist, and cardiologists. Exclusive contracts are often seen between these specialized departments such as in the case of nurse Oltz, an anesthesiologist for St. Peter’s CommunityRead MoreAn Intentional Tort Action Against A Grape Producer945 Words   |  4 Pag esinvolving a breach contract between my health food products business and a grape producer and distributor. In the words of the Honorable Allen M. Linden â€Å"Tort laws have a noble mission and opportunity to help people in trouble. The injured and the bereaved desperately require tort lawyers to help them retake whatever is left of their lives that can be retaken with money† (Linden, 2005). I seek restitution for compensatory damages for loss of revenue, pain and suffering due to the broken contract. As wellRead MoreAffects of European Law on English Law1370 Words   |  6 Pagessue each other on claims which accumulated prior termination. Such example where agent could be sued for negligent performance of his obligation due to agent’s illness. Thus, if agency is contractual, the contract could only be terminable on a reasonable notice to prevent a breach of contract by principal. The relationship between Principal and Agent is stated in common law where agent is in a fiduciary relationship with the Principal. â€Å"Agency is the relationship arising where one person,Read MoreWedding Dress : A Legal Contract933 Words   |  4 PagesIn September 2014 a legal contract had been stipulated between â€Å"JME Wedding Dresses† and Michael in order to create a particular wedding dress made of an expensive Italian material for the wedding of her daughter Sophia. A contract can be created thank to an offer and an acceptance between the offeree and the offeror, which both have legal capacities. Therefore, a commercial binding agreement has been created, which the court will enforce, if needed. A Contract establishes the terms within it, thereRead MoreWarranties Are An Important Contract Term1716 Words   |  7 Pagesa) Warranties are an important contract term which are applied to insurance policies (either implied or expressly written into the contract) and essentially they outline a promise made by the insured relating to facts of the risk or to something which the insured has agreed to do. For example the warranty may require: †¢ Rubbish is to be cleared up each night and removed from the premises †¢ The alarm systems are to be maintained in full working order and put into operation when the premises are

Monday, December 23, 2019

Psychology Research on Sleep Deprivation and Sleep Disorders

Abstract Sleep deprivation and sleep disorders among college students is an area of concern among researchers, because of the relationship between quality sleep and quality of academic performance. The factors that have been shown to affect sleep quality or sleep patterns include staying up late, using social networking, and partying. This research uses a simple, unique survey instrument. A total of fifty college students participated in the study. Results substantiate the hypothesis that social media use is heavy among college students, and that the use of social media will be correlated with less sleep and less effective study habits. Future research may discover ways of helping students develop more balanced approaches to their academic, online, and social lives. Introduction Sleep deprivation is a serious concern among college students, who are among the most sleep-deprived age group in the United States, (Central Michigan University, 2008). It is important to study the causes of sleep deprivation, or sleep disorders, among college students. According to Park (2009), dozens of studies have linked an increase in nightly sleep to better cognition and alertness. A study by Central Michigan University (2008) found that sleep deprivation can lead to poor academic performance, impaired driving, depression, and behavioral problems. There are several variables that may affect sleeping patterns among college students. One is genetics or biological issues. It is highlyShow MoreRelatedRunning Head:Sleep Deprivation1329 Words   |  6 PagesRunning head: SLEEP DEPRIVATION ​ 1 Sleep Deprivation Adolescent Development St. Joeseph’s College Professor McCambley 05/08/2017 Stephanie Lino Sleep Deprivation ​Sleep deprivation can effect development in a multitude of ways; it could be mental, emotional, or even physical. In some ways sleep deprivation is a very dangerous issue that can cause adolescents to have decreasedRead MoreSleep Quality And Academic Performance890 Words   |  4 Pages Sleep Quality Affecting College Student’s Academic Performance Sleep is one of the few necessities that are needed for humans to function and overall survive. People, generally adults, fail to realize the need for sleep when they are constantly working around the clock. This sort of deficiency leads to a common sleep disorder called sleep deprivation. Sleep deprivation can affect teens and working adults but is seen predominately among college students. College students are succumbed to dedicatingRead MoreSleep Deprivation And Its Effects On Children Essay1249 Words   |  5 PagesRichard Simmons once said, â€Å"There is no such thing as sleep deprivation, there is only caffeine deficiency.† College students everywhere have claimed this as their motto. From art majors who stay up late practicing charcoal and shading, to nursing majors who are stressing all night studying for their exams and practicums, to engineering majors who think a good night’s sleep is three or four hours, sleep has rarely been prioritised in college. Psycho logy Professors at the University of Hong Kong, CheungRead MoreAnnotated Bibliography List : Ted Talk Essay1127 Words   |  5 Pagesvideo that I watched was Why do we sleep by Russel Foster. This TED talk was about why we need sleep and how getting less than the suggested amount affects the brain. There are three main reasons why we need sleep; restoration, energy conservation, and brain function. Only certain genes are turned on when you sleep so you need to sleep in order for those genes to turn on and allow you other genes to be restored, while sleeping you save about 110 calories, sleep helps enhance creativity, and yourRead MoreSleep Quality And Academic Performance Essay1510 Words   |  7 Pagesfirst fundamental routine of sleep changes dramatically. College students rarely find themselves getting about eight hours of sleep every day. Thus started the idea of how a student’s academic performance can be affected by the amount of sleep they get. The research article, â€Å"Sleep Quality and Academic Performance in University Students: A Wake-Up Call for College Psychologists† written by Steven P. Gilbert and Cameron C. Weaver, represents the perfect study on how sleep quality and quantity can affectRead MoreHow Post Traumatic Stress Disorder Symptoms Effects Sleep Disturbances Essay2140 Words   |  9 Pageshave experience a stress after a terrible accident, post traumatic stress disorder (PTSD), and that could related to the sleep deprivation. The purpose of this study was to examined the relationship between two variables, which are sleep and stress in a participants who have experienced the terrible accident that considered a major life event. The datas in this study were collected from community college who are taking psychology 280 class. Both male and female in various race like White, Hispanic/LatinoRead MoreA persuasive speech about Sleep Deprivation Importance of Good Nights Rest.809 Words   |  4 Pagessociety, sleep has come second to our daily routine, disregarding its importance for productivity. Many people are bogged down with errands, career issues and studying that sleep becomes overlooked. However, most of what we accomplish can be streamlined into more efficient productivity by one minor adjustment; a full-nights rest. According to the Journal of Nature Neuroscience, researchers have studied human memory by taking a PET scan of a group of people during REM-sleep, the type of sleep that occursRead MoreSleep Loss Or Sleep Deprivation860 Words   |  4 PagesSleep Loss Sleep loss, or sleep deprivation, is very common throughout the world. It is very important to make sure you get at least eight hours of sleep each night for you to be ready to get up and go. It has been said that teenagers need an average of nine hours and fifteen minutes of sleep, according to my psychology teacher. It is very dangerous to go without sleep, hallucinations can and sometimes will occur. It is always easy to tell when a person is not getting enough sleep. They have bagsRead MoreGetting The Right Amount Of Sleep Is Very Important Because1490 Words   |  6 Pagesamount of sleep is very important; because of sleep loss, many human and environmental health disasters have occurred. Looking back at the past one hundred years, the average amount of sleep that americans obtain, has decreased by twenty percent. There are certain amounts of sleep every age group needs to get through each night. Children six to thirteen years old need 9-11 hours; ages fourteen to seventeen ne ed 8-10 hours; and eighteen to sixty-four year olds need to obtain 7-9 hours of sleep every nightRead MoreWhat Happens During The Sleep Cycle?1463 Words   |  6 PagesExploratory Essay Final 11/16/15 What Happens During the Sleep Cycle? Have you ever wondered what is happening while a person is sleeping? â€Å"Sleep is the word we use to define both a biological state and a behavioral state in which we are quiet and relatively unresponsive to external stimuli† (Larson 1990). Measured when sleeping, brain waves have been identified into several distinct stages. Everyone experiences four stages of the sleep cycle, including REM (Larson 1990). This topic really interested

Saturday, December 14, 2019

Characteristics of a Good Learning Environment Free Essays

Characteristics of an excellent learning environment. The physical place of the classroom can affect a students learning. I noticed that many classrooms are shaped like a box. We will write a custom essay sample on Characteristics of a Good Learning Environment or any similar topic only for you Order Now In which the teacher stands at the front providing the students with information, rather than knowledge. Classrooms should be designed so that the teacher and students can meet as a group, as well be able to work independently. The method that I find works the best is when students work together as small groups. Information can be better examined and be explained in different perspectives. Students need excellent instructors in their classrooms. Instructors create a natural critical learning environment for their students. Every instuctors environment will be different in some type of way. Some instructors create this environment with lectures, discussions, or role playing. These types of teaching will help students to learn new material and apply it in their lives. Many times an instructor’s lecture is extremely long, and I lose interest. I often look at the clock or daydream after a while. It’s not because I don’t care what their talking about, it’s just that I enjoy working hands on. Instructors play an important role in a student’s success and should teach in a way that students best learn. The role of grades is an important part of evaluating a student. A student who works hard and puts forth a lot of effort will normally earn good grades. The students are eager to learn new material and apply it. Me, myself often works extremely hard to earn good grades. Many times I do not get my desired grade because many times I just do enough to get by. I often get frustrated with myself for not achieving a grade I could have earned. Learning is my number one role and responsibility as a student. If I fail to learn it who will learn it for me. I have to be one hundred percent dedicated to learning new things. I know that every class hat I am attending in college will be applied in my career. I know that I am far from being a good writer but I’m willing to learn how to become one. I will also learn how I could have written this essay better from my instructor. How to cite Characteristics of a Good Learning Environment, Essay examples

Friday, December 6, 2019

Privatization of Electricity in Tanzania Essay Example For Students

Privatization of Electricity in Tanzania Essay Privatization of Electricity in TanzaniaThe story of Tanzania, from pre-colonialist period to presentTanzania, located in East Africa, is one of the least developed countries in the world. According to the UNDP Human Development Index, Tanzania ranked 162 out of 177 countries in the 2004 survey (UNDP:2004, HDI), with one being the most developed. According to the Poverty Reduction Strategy Paper (PRSP) prepared by Tanzanian officials for the World Bank, half of Tanzanians 36.6 million people are characterized as poor and one-third live in abject poverty(WB: PRSP p.1). Tanzanians have a life expectancy of 43.5 years, a fertility rate of 5.1 births per woman, an HIV prevalence of 8.8%, and a population growth rate of 1.95% (UNDP: 2004). Agriculture makes up half of the countrys GDP, 85% of the exports, and 80% of the labor force (CIA: 2004). Culturally, Tanzanians are made up of 130 different tribes, each speaking their own mother tongue. The official languages of Tanzania are Kiswahil i and English, with English being the main language in commerce, administration, and higher education (CIA: 2004). Kiswahili is a mix of Bantu languages, English, and Arabic, and is indicative of the millennia old history of trade with the outside world. Records of trade routes with the Middle East date back to the 1st century AD (govt web: early history). Zanzibar and the coastal town of Bagamoya were the hubs of the East African slave trade, active for well over a thousand years (pilot). While the early slave trade with the Middle East existed only on a small scale, transporting around 100 slaves at a time, the appearance of Europeans in the 17th century ratcheted up the trade to a much larger scale and level of organization, at its height moving 15,000 slaves a year out of East Africa (pilot). Serious efforts to end the slave trade began in the 19th century, though the trade continued through the German occupation of then German East Africa in the latter part of the century. In 1919 after World War I, Britain took over German East Africa, renaming it Tanganyika, and permanently put an end to the slave trade (govt web: colonial period ). Tanganyika attained independence from British rule in 1961 and Zanzibar followed soon after in 1963, ending the existence of the British mandated territory. Tanzania was formed in 1964 by uniting the mainland, Tanganyika, and the islands of Zanzibar. An excerpt from the Tanzanian National Website displays an interesting official interpretation of the lingering effects of centuries of occupation by foreigners (my emphasis):During the domination of Tanzania by Germans, British and Arabs, the indigenous people were decimated, lost their destiny and cultural identity, were economically exploited and their technology disrupted. However, the worst evil of all committed by colonialists has been their wishful intent to discourage individual initiative to venture, discover, make attempts and to fabricate. The outcome is the current dependency status! (govt web, social organization)This quote reveals an interesting viewpoint to keep in mind as we enter the discussion of the political climate and the push for privatization and foreign investment in modern day Tanzania. Politics and PrivatizationAfter independence was established in the sixties, Tanzania entered a long period of socialism where the economy, and hence all private investor-owned property, was nationalized (AETC: 2000, history). In subsequent decades, many of the public enterprises suffered from bad management and a lack of financial viability leading to a failing Tanzanian economy. In 1992 the government finally reformed its political system, allowing the formation of political parties (ibid). The same year the Tanzanian government announced the establishment of the Parastatal Sector Reform Commission (PSRC) signaling its intention to privatize all of the 390 state-owned enterprises in an effort to rejuvenate the economy, making Tanzania more competitive in the global market (prctz.com). In an effort to attract investors and decrease risk perception, the government signed international treaties committing never to nationalize private property again (AETC: 2001, history). PSRC expanded the policy in 1996 to include private sector participation in utilities and infrastructure ventures (prctz.com). According to the PSRC website, currently 330 public enterprises have been taken over by the private sector. Tanzanian investors have maintained 100% ownership in 135 of those enterprises (WB:PRSP). Tanzania Electric Supply Company (Tanesco)One of the biggest parastatals which maintained 100% Tanzanian governmental ownership until recently is the Tanzania Electric Supply Company (Tanesco), responsible for all grid-connected electricity supply in the country. Lets take a brief look at the history of Tanesco and electricity provision in Tanzania:1908 1st public electricity supply set up by German colonialists, served railway workshops and colonialist neighborhoods1920 British take over control of then Tanganyika, establish a Governmental Electricity Department1931 Electricity supply handed over to two private enterprises 1) Tanganyika Electric Supply Company Ltd. (Tanesco) 2) Dar es Salaam and District Electric Supply Company Ltd. (Danesco)1964 Independence and establishment of Tanzania as a socialist nation, over a period of ten years the government purchases 100% stock in both companies1968 The two companies are merged and renamed Tanzania Electric Supply Company Ltd., maintained under governmental control for the remainder of the century (190 8-1968 above from AETC: 2000, company profile: Tanesco)1992 Liberalization of Tanzanian economy allows for private investor involvement in electricity generation, maintains governmental control of transmission and distribution (prtz:Tanesco)1995 Songas was established, an Independent Power Producer project company created to implement the Songo Songo natural gas to electricity project 1996 PSR policy reformed to allow private sector involvement in utilities and infrastructure ventures1999 Tanzanian Government approved a restructuring plan for Tanesco and a new policy for the electricity industry (prtz:Tanesco)Tanesco is a traditional vertically integrated electric utility, meaning it offers all aspects of power provision: generation, transmission, and distribution of electricity. Tanesco used to have a complete monopoly on all aspects of power provision, but as of 1992, the Tanzanian government began allowing Independent Power Producers (IPPs) to generate power and sell that pow er to the Tanesco grid for transmission and distribution. Under this organizational structure, there are more opportunities for competition amongst power providers, with the intention of better service for electricity customers. Mental Illnesses EssayGlobaleq.com:overviewhttp://www.cdcglobeleq.com/fw/main/Overview-1504.htmlGlobaleq.com:Africahttp://www.cdcglobeleq.com/fw/main/default.asp?DocID=1500Globaleq.com:pressreleasehttp://www.cdcglobeleq.com/fw/main/default.asp?DocID=1612Pilothttp://www.pilotguides.com/destination_guide/africa/tanzania_and_zanzibar/slave_trade.phpPsrctz.comParastatal Sector Reform Commission http://www.psrctz.com/Main_Index.htmWB:PRSRP Poverty Reduction Strategy Paperhttp://wbln0018.worldbank.org/ppiaf/activity.nsf/0/98b7fea48b7c7a2885256a7d00553f86?OpenDocumentReference case projections- World Energy Consumption http://www.eia.doe.gov/oiaf/ieo/pdf/appa1_a8.pdfMwakisyala, James. 12 Firms to Bid For Songo Songo Pipeline Projects, The East African, September 10, 2001. Nemtzow, David. More Power to You: On Bjorn Lomborg and Energy. Grist Magazine, December 2001. http://www.grist.org/advice/books/2001/12/12/to/REEEPEastern Africa Renewable Energy and Energy Efficiency Partnership (REEEP) STATUS OF POWER SECTOR REFORMS AND PROMOTION OF RENEWABLE ENERGY AND ENERGY EFFICIENCY IN TANZANIA, June 2003. Rose, C. 1998, The Several Futures of Property: Of Cyberspace and Folk Tales, Emission Trades and Ecosystems, 83 Minn. L. Rev. 129. Science in Africa: 2004http://www.scienceinafrica.co.za/2004/september/solar.htmSerconline.orghttp://www.serconline.org/RPS/stateactivity.htmlTCPL sells to AEShttp://news.moneycentral.msn.com/ticker/sigdev.asp?Symbol=TRPTCPL: 2000Env Impact Assessment of songashttp://www-wds.worldbank.org/servlet/WDSContentServer/WDSP/IB/2001/02/17/000094946_01013105504474/Rendered/INDEX/multi_page.txtTI:CPI, 2004http://www.transparency.org/cpi/2004/cpi2004.en.html#cpi2004Watergy.org: factshttp://www.watergy.org/aboutus/facts/facts.htmlUNEP, Country Study News: Tanzania, UNEP Collaborating Centre on Energy and Environment, No. 9 May 1997 SupplementUNDP: 2004, HDI http://hdr.undp.org/statistics/data/indic/indic_12_1_1.html