Saturday, August 8, 2020

How Can I Be More Assertive When I Have Social Anxiety

How Can I Be More Assertive When I Have Social Anxiety Social Anxiety Disorder Coping Print How Can I Be More Assertive When I Have Social Anxiety? By Arlin Cuncic Arlin Cuncic, MA, is the author of Therapy in Focus: What to Expect from CBT for Social Anxiety Disorder and 7 Weeks to Reduce Anxiety. Learn about our editorial policy Arlin Cuncic Medically reviewed by Medically reviewed by Steven Gans, MD on December 11, 2015 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on May 24, 2018 Social Anxiety Disorder Overview Symptoms & Diagnosis Causes Treatment Living With In Children Become assertive to overcome social anxiety. Getty / Tim Robberts People with social anxiety disorder (SAD) often struggle with being assertive. Being upfront about your feelings and sharing them with others feels hard, to the point that you would just rather keep them to yourself. The problem is, people cant read your mind, so you will often find your needs going unmet. What is Assertive Communication? Assertive communication... is the straightforward and open expression of your needs, desires, thoughts and feelings.involves advocating for your own needs while still considering and respecting the needs of others.involves the use of I statements, such as I need some help preparing dinner for our guests this evening.is a way of making sure your needs are met while still considering the needs of others. Being Assertive When You Have SAD If you live with social anxiety disorder, communicating assertively may feel uncomfortable at first. You have probably  adopted a passive communication style that enables you to avoid conflict but leaves you feeling anxious, depressed, and helpless, and causes frustration and discomfort to those around you. Learning to communicate assertively is not selfish, but rather an effective way of negotiating social encounters. You may have misconceptions about what it means to be assertive. People who communicate assertively are not pushy or obnoxiousdo not step on the feelings of others to get what they want, as is the case with aggressive communication Instead, assertive communication involves expressing your feelings, needs and desires in a nonjudgmental and nonthreatening way. Assertive communication can also be considered helpful to others, because you are giving clear information about what you need to be satisfied. By doing so in a nonthreatening manner, you  give others the opportunity to refuse your requests if your needs conflict with their needs. The Importance of Being Assertive Still not sure if assertive communication is the way to go? Consider that most of your daily encounters will be with people who are communicating and behaving assertively. They are telling you what they need from you and expecting you to refuse if their needs conflict with yours. If a request is too large or too difficult, it is up to you to communicate why you cant comply. By the same token, others expect you to tell them what you need. Instead of expecting others to read your mind, or hoping that they will guess what you want, you need to be clear, honest and open about your needs. How to Become More Assertive Assertive statements generally begin with the word I and directly express what you are thinking or feeling. Notice that being assertive does not mean stepping on the toes of others or berating them. The goal of being assertive is to negotiate social situations in a way that benefits everyone. Some examples of assertive statements: I enjoyed talking with you.I like to watch horror movies.I feel hurt that you talked about me behind my back.I know that the children come first, but I feel sad that we dont spend any time alone. To speak assertively, put these pieces of the sentence together: Start with the word I.Add a verb that describes what you are feeling (like, dislike, want, need, feel, love, hate, wish...)And finish the sentence to describe what it is that you are feeling (I wish you would spend more time with me, I am feeling very lonely). Tip: Keep you out of the sentence, keep your emotions under control, and just share what you are feeling. Try it again: I.. cant... help you with that task because my calendar is full. See, it doesnt have to be overly thought out or complicated. Its about being direct and expressing your needs. Once you start to do it regularly, it will feel more natural. Its especially important for you to learn how to say no, as this can be an area in which those with social anxiety struggle. Assertive Nonverbal Behavior In addition to what you say, your nonverbal communication can also be passive, assertive, or aggressive. Read each of the following passages and see if you see the difference. Jane keeps quiet and hopes everyone will guess what she wants. She speaks hesitantly with a weak voice, and gives up easily. She tends to look down or away, has poor posture, and keeps her head down. She fidgets a lot and nods in agreement no matter what is said. Julie pays close attention to what is said around her, speaks with a strong relaxed voice, makes good eye contact, and stands up straight. She expresses concern and seeks out fairness in situations. Jack is sarcastic and comes across like a know-it-all. He needs to win at all costs, speaks loudly, and stares at people. He tends to stand with his feet apart and his hands on his hips. He also likes to point  his finger and move abruptly. Your goal should be to emulate the second styleâ€"that of Julieâ€"which reflects asserttive nonverbal behavior. A Word From Verywell The next time that you are feeling angry or resentful, consider how you are communicating. By learning to be more assertive, you will reduce anxiety and improve your relationships with others. The 7 Best Online Anxiety Support Groups

Saturday, May 23, 2020

Illegal Immigration And The United States - 1589 Words

Between the years of 1950-1995, why were so many illegal immigrants crossing the American borders and how did they affect America? Part A: This investigation will be looking into the lifestyles that illegal immigrants had between the years of 1950 and 1995 once they had crossed the US border. I will also be investigating how they affected the US. It is important to know because it will make people become more aware of how serious immigration can be to America. I will be examining the number of terrorist acts that have happened, the number of immigrants that have attempted to get to the United States and the type of lifestyles they had. I will also look into the religions these immigrants were, the jobs and places they stayed once they get to America and their health conditions. I will be examining how American citizens felt towards illegal immigration and the crimes they brought with them. Part B: †¢ Illegal Immigration by Debra A. Miller In this source, I discovered that most illegal immigrants were from Latin countries. Immigrants came to America to get a better job and a better life for their self. Most immigrants were poor and uneducated adults who worked small jobs. Many people were concerned about illegal immigrants. In this source, I also discovered that many people who were illegal immigrants were from Mexico and they often committed burglary, drug offenses, and theft. †¢ Issues in Immigration by Stephen Currie In this source, I discovered that largeShow MoreRelatedIllegal Immigration And The United States1573 Words   |  7 Pagesmillion illegal immigrants currently residing in the United States furthermore, for the United States economy. The correctional prerequisites against migrants were added to enactment to protect it from feedback that acquittal is absolution without outcome. Immigration makes a difference among everybody, and Congress ought to be doing everything in its energy to make it as simple as feasible for settlers to live and work lawfully what s more, openly in the United States. The United States is knownRead MoreIllegal Immigration And The United States1315 Words   |  6 PagesFor ages, the United States has seemed to be the country where people seek to move to for a better life. The United States was built on immigrants. People have always migrated to the United States both legally and illegally. The main problem the country has face with immigrants is the amount that trespass the border illegally. Illegal immigration is the unlawful act of crossing a national border(Illegal Immigration Pros and Cons). The illegal immigrant population keeps growing at an annual averageRead MoreIllegal Immigration And The United States969 Words   |  4 PagesAmerican businessman, politician, television personality, and author, is the presumptive of the y for president of the United States in 2016having won the most state primaries and caucuses and delegates to the 2016 Republican National Convention. Trump’s positions in opposition to illegal immigration, various free trade agreements that he believes are unfair, and most military interventionism have earned him particular support among blue-collar voters and voters without college degrees. Many of hisRead MoreIllegal Immigration And The United States1486 Words   |  6 PagesIllegal immigration has been an issue in the United States for a long time so the issues that come with it should not be a surprise. America was established on the basis of newcomers settling here from abroad. Recently though, thousands of illegal immigrants have come into the U.S. through either the Mexico border, the Pacific Ocean, or the Gulf of Mexico which has created a new an unanticipated issue for the U.S., in the past immigrants came from Europe and passed through the Ellis Island stationRead MoreIllegal Immigration Is The United States1805 Words   |  8 PagesIllegal immigration is the migration of people across national borders in a way that violates the immigration laws of the destination country. Some c ountries have millions of illegal immigrants. Immigration, including illegal immigration, is overwhelmingly upward, from a poorer to a richer country. The easy definition of an undocumented immigrant is someone who was not born in the United States and therefore has no legal right to be or remain in the United States. Not all undocumented immigrantsRead MoreIllegal Immigration : The United States1876 Words   |  8 PagesIllegal Immigration Due to the economic benefits of immigrant labor, the dangers of central American countries, and the basic human rights of noncitizens, the US government must grant amnesty to undocumented immigrants. Illegal immigration has become a rising issue in the US over the past few years, and it will continue to heat up coming into this year s presidential election. This issue is also very present in the local community due to it’s diversity and large Hispanic population. GenerallyRead MoreIllegal Immigration in the United States1864 Words   |  8 PagesIllegal Immigration In The United States: A Controversial Debate Illegal immigration is an on-going issue, which is of much importance in the United States today. It has been overlooked for many years, however it has reached a point where it can no longer be ignored. Most of the illegal immigrants, 54% to be exact, come through the Mexican border. (Hayes 5) Since the early 1980’s, the number of illegal Mexican immigrants has risen at an incredible rate, causing the United States government to takeRead MoreIllegal Immigration in the United States Essay2094 Words   |  9 PagesIllegal Immigration in the United States Illegal Immigration in the United States The United States (US) has always been viewed as the land of opportunity because it is the only true free country in the world. This being the case people have been fighting their way into the country for decades. However, it is becoming more and more of a problem each decade that passes. With the United States border being so close to Mexico it is now seeing the highest population of illegal immigrants toRead MoreDeportation: Immigration to the United States and Illegal Alien2373 Words   |  10 Pagesadvance because of the way the immigration process works. However, one thing we all had in mind, was to see the light of a different country, see different faces and hopefully find ways to stay. Once the airplane took off, words was already spread all over the office of Haiti air in Florida that the airplane left Haiti with more than 30 Haitian illegal on board. The first few 2 hours spent at the arrival office was like a discovery of a new world for every single illegal in that group. This was oneRead MoreIllegal Immigration And Immigration In The United States1091 Words   |  5 Pagesarrest persons for immigration enforcement purposes. (De Leon, K) The new legislation, created by California Senate President Kevin de Leon, officially makes the state of California a â€Å"sanctuary state†. Previously, de Leon determined that Donald Trump is a racist because of his positions on immigration; most notably, Trump’s attempt to defund cities that considered themselves sanctuaries. In a debate that is becoming increasingly more polarized, Brown sought to protect illegal immigrants against

Tuesday, May 12, 2020

Nike s Code Of Ethics Essay - 1506 Words

Nike first began it success four decades ago, but in the process has violated multiple laws in order to gain profit. Nike has had so many business dilemmas including issues such as, their Code of ethics, exercised social responsibility, global impact, and their ability to conduct sustainable businesses world-wide. There are a multitude of advantages disadvantages of the Nike Corporation. Furthermore, there are multiple ways Nike can overcome their financial crises as a company. The Nike Corporation, as a whole, has a lot of positive insight on how to analysis the business. However there are negatives regarding the corporation’s code of ethics. Nike’s billion dollar corporation has been under a lot of scrutiny and investigation throughout the Asian pacific. Countries such as Indonesia, China, Thailand, Malaysia, Vietnam, and other major countries, have been victimized, particularly for unlawful abuse against young women. Nike has abused the rights of Asian employees through low wages and unsafe working conditions. Nike is also under investigation for sweatshops along with the malicious abuse that occurs within them. According to 15 minutes women ages 18 through 24 are being beaten to death. They are forced to work around hot chemicals without being provided protective gear. Women are not just suffering mentally, but physically and Nike in America has made it clear through vice president Hannah Jones, who quoted,† Recycle, reduce, reuse.â €  Her statement makes it clear, inShow MoreRelatedNike s Code Of Ethics1842 Words   |  8 PagesNike is by far the number one sports brand for shoes and apparel in the world today. With an estimated 30.6 billion dollars made in 2015 and an estimated 32.4 billion dollars to made in 2016, business is going to keep increasing. Nike is a company that always wants to be the best in everything they do. Whether thats the sales they produce, or the athletes they recruit to represent their product. The code of ethics is what separates them from the rest of the pack and allows them to be the best atRead MoreEthical Implications of Expanding Business Abroad: Nike Case Study1241 Words   |  5 Pages1. The leadership at Nike initially failed to consider the ethical implication of extending their business abroad and primarily focused on the profits generated by the enterprise. If the company were to concentrate of the idea of integrity when deciding to build factories abroad it would have certainly experienced better results when considering its general image. Such an act would have most certainly prevented complication from arising and would have emphasized that Nike is generally concerned withRead MoreEthics, Intellectual Property, And Piracy1379 Words   |  6 PagesPersonal and business ethics in an ever-expanding technological world are challenged in many different ways. Multiple communication methods and the availability of the Internet have made a large world much smaller in the context of information sharing, so the importance of understanding and utilizing measures to protect intellectual property and copyrights is vital to business success, ethical understanding and acceptance. In the following, I will specifically discuss the concepts of copyright, intellectualRead MoreNike CSR Analysis1581 Words   |  7 Pagesï » ¿ CSR Analysis and Impact on Operations Nike has a Code of Business Conduct and Ethics that includes its commitment to the environment and is a signatory of the UN Global Compact. Nike has created a team of sustainability managers led by an independent director. Its environmental goals include producing eco-friendly products and minimizing its environmental impact through the reduction of greenhouse gases, organic solvents and PVCs. Nike acknowledges the difficulty of tracking environmentalRead MoreCorporate Governance of Nike1748 Words   |  7 Pagesits capital is a corporation. There are also non-profit corporations organized for religious, educational, charitable or public service purposes. One of the corporations are the â€Å"Nike, Inc† which in other words can be said a company. And what here will be discussed the process how a corporate body that is Nike governs, ethic of it and the corporate responsibility of it upon the business world and balance of interest of the stakeholders such as Government, Employees, Customers, Suppliers, Creditors,Read More Nike Sweat Shops Essay707 Words   |  3 PagesNike Sweat Shops I am writing this letter to express my concerns over Nikes labor practices in Asia. There has been much debate and controversy recently concerning Nikes Asian labor practices. It is very difficult to determine which side of the argument to defend, as both acknowledge the problems yet put a completely different spin on the facts. I will try to show that Nike has created a cloud of smoke in Asia that the public cannot see through. Nike does not own any of the factories thatRead MoreUnethical Business Practice: Nike1499 Words   |  6 Pages The role of the government also plays a major role in these challenges that are faced by Nike. As we know that government laws and regulations differ from country to country and this makes manufacturing of products very difficult challenge for the international companies like Nike. The host governments have laws concerns against consumer protection, information and labeling, employment, wages and salaries and safety of the workers who work in those firms. The international organizations must keepRead MoreEssay Nike- Ethical Issues1454 Words   |  6 PagesAnalysis: Nike Introduction Nike was established in 1972 by Bill Bowerman and Phil Knight. These two men were visionaries. The goal for Nike was to carry on Bowerman’s legacy of innovative thinking by helping every athlete reach their goal or by creating lucrative business opportunities that would set the company apart from any competition. This included providing quality work environments for all who were employed by Nike. Read MoreEssay on Nike: Moving Beyond Sweatshops1779 Words   |  8 PagesNike Inc takes pride in being an ethical company. Nike places their responsibility to their stakeholders, internal and external, at the top of their priority list. They expend great of time, money, and resources to ensure that they are fulfilling their ethical duty, and achieving the highest standards of ethical responsibility. Because of Nike’s efforts to maintain their ethical integrity, Nike is a good corporate citizen. Nike’s motto says that Nike Inc was founded on a handshake. Their goalRead MoreThe Contemporary Challenges Of Outsourcing1244 Words   |  5 PagesM.P.A Contemporary Challenge Essay Outsourcing â€Å"Outsourcing is the transfer of control of a process or product to an outside supplier†(Hasan). For this assignment, please identify a contemporary management challenge (e.g. diversity, globalism, ethics social responsibility, etc.). Then, identify a company or organization that you believe has been impacted by this contemporary challenge. Write a minimum four-page paper, with a cover page, and works cited page (in addition to the four-page minimum)

Wednesday, May 6, 2020

Deception Point Page 108 Free Essays

Exhausted, Tolland looked up at the underbelly of the thundering tilt-rotor airplane. Deafening gusts pounded down off its horizontal propellers. As Rachel rose on a cable, numerous sets of hands pulled her into the fuselage. We will write a custom essay sample on Deception Point Page 108 or any similar topic only for you Order Now As Tolland watched her dragged to safety, his eyes spotted a familiar man crouched half-naked in the doorway. Corky? Tolland’s heart soared. You’re alive! Immediately, the harness fell from the sky again. It landed ten feet away. Tolland wanted to swim for it, but he could already feel the sucking sensation of the plume. The relentless grip of the sea wrapped around him, refusing to let go. The current pulled him under. He fought toward the surface, but the exhaustion was overwhelming. You’re a survivor, someone was saying. He kicked his legs, clawing toward the surface. When he broke through into the pounding wind, the harness was still out of reach. The current strained to drag him under. Looking up into the torrent of swirling wind and noise, Tolland saw Rachel. She was staring down, her eyes willing him up toward her. It took Tolland four powerful strokes to reach the harness. With his last ounce of strength, he slid his arm and head up into the loop and collapsed. All at once the ocean was falling away beneath him. Tolland looked down just as the gaping vortex opened. The megaplume had finally reached the surface. William Pickering stood on the bridge of the Goya and watched in dumbstruck awe as the spectacle unfolded all around him. Off the starboard of the Goya’s stern, a huge basinlike depression was forming on the surface of the sea. The whirlpool was hundreds of yards across and expanding fast. The ocean spiraled into it, racing with an eerie smoothness over the lip. All around him now, a guttural moan reverberated out of the depths. Pickering’s mind was blank as he watched the hole expanding toward him like the gaping mouth of some epic god hungry for sacrifice. I’m dreaming, Pickering thought. Suddenly, with an explosive hiss that shattered the windows of the Goya’s bridge, a towering plume of steam erupted skyward out of the vortex. A colossal geyser climbed overhead, thundering, its apex disappearing into the darkened sky. Instantly, the funnel walls steepened, the perimeter expanding faster now, chewing across the ocean toward him. The stern of the Goya swung hard toward the expanding cavity. Pickering lost his balance and fell to his knees. Like a child before God, he gazed downward into the growing abyss. His final thoughts were for his daughter, Diana. He prayed she had not known fear like this when she died. The concussion wave from the escaping steam hurled the Osprey sideways. Tolland and Rachel held each other as the pilots recovered, banking low over the doomed Goya. Looking out, they could see William Pickering-the Quaker-kneeling in his black coat and tie at the upper railing of the doomed ship. As the stern fishtailed out over the brink of the massive twister, the anchor cable finally snapped. With its bow proudly in the air, the Goya slipped backward over the watery ledge, sucked down the steep spiraling wall of water. Her lights were still glowing as she disappeared beneath the sea. 131 The Washington morning was clear and crisp. A breeze sent eddies of leaves skittering around the base of the Washington Monument. The world’s largest obelisk usually awoke to its own peaceful image in the reflecting pool, but today the morning brought with it a chaos of jostling reporters, all crowding around the monument’s base in anticipation. Senator Sedgewick Sexton felt larger than Washington itself as he stepped from his limousine and strode like a lion toward the press area awaiting him at the base of the monument. He had invited the nation’s ten largest media networks here and promised them the scandal of the decade. Nothing brings out the vultures like the smell of death, Sexton thought. In his hand, Sexton clutched the stack of white linen envelopes, each elegantly wax-embossed with his monogrammed seal. If information was power, then Sexton was carrying a nuclear warhead. He felt intoxicated as he approached the podium, pleased to see his improvised stage included two â€Å"fameframes†-large, free-standing partitions that flanked his podium like navy-blue curtains-an old Ronald Reagan trick to ensure he stood out against any backdrop. Sexton entered stage right, striding out from behind the partition like an actor out of the wings. The reporters quickly took their seats in the several rows of folding chairs facing his podium. To the east, the sun was just breaking over the Capitol dome, shooting rays of pink and gold down on Sexton like rays from heaven. A perfect day to become the most powerful man in the world. â€Å"Good morning, ladies and gentlemen,† Sexton said, laying the envelopes on the lectern before him. â€Å"I will make this as short and painless as possible. The information I am about to share with you is, frankly, quite disturbing. These envelopes contain proof of a deceit at the highest levels of government. I am ashamed to say that the President called me half an hour ago and begged me-yes, begged me-not to go public with this evidence.† He shook his head with dismay. â€Å"And yet, I am a man who believes in the truth. No matter how painful.† Sexton paused, holding up the envelopes, tempting the seated crowd. The reporters’ eyes followed the envelopes back and forth, a pack of dogs salivating over some unknown delicacy. The President had called Sexton a half hour ago and explained everything. Herney had talked to Rachel, who was safely aboard a plane somewhere. Incredibly, it seemed the White House and NASA were innocent bystanders in this fiasco, a plot masterminded by William Pickering. Not that it matters, Sexton thought. Zach Herney is still going down hard. Sexton wished he could be a fly on the wall of the White House right now to see the President’s face when he realized Sexton was going public. Sexton had agreed to meet Herney at the White House right now to discuss how best to tell the nation the truth about the meteorite. Herney was probably standing in front of a television at this very moment in dumbfounded shock, realizing that there was nothing the White House could do to stop the hand of fate. â€Å"My friends,† Sexton said, letting his eyes connect with the crowd. â€Å"I have weighed this heavily. I have considered honoring the President’s desire to keep this data secret, but I must do what is in my heart.† Sexton sighed, hanging his head like a man trapped by history. â€Å"The truth is the truth. I will not presume to color your interpretation of these facts in any way. I will simply give you the data at face value.† In the distance, Sexton heard the beating of huge helicopter rotors. For a moment, he wondered if maybe the President were flying over from the White House in a panic, hoping to halt the press conference. That would be the icing on the cake, Sexton thought mirthfully. How guilty would Herney appear THEN? â€Å"I do not take pleasure in doing this,† Sexton continued, sensing his timing was perfect. â€Å"But I feel it is my duty to let the American people know they have been lied to.† The aircraft thundered in, touching down on the esplanade to their right. When Sexton glanced over, he was surprised to see it was not the presidential helicopter after all, but rather a large Osprey tilt-rotor airplane. The fuselage read: United States Coast Guard Baffled, Sexton watched as the cabin door opened and a woman emerged. She wore an orange Coast Guard parka and looked disheveled, like she’d been through a war. She strode toward the press area. For a moment, Sexton didn’t recognize her. Then it hit him. Rachel? He gaped in shock. What the hell is SHE doing here? A murmur of confusion went through the crowd. Pasting a broad smile on his face, Sexton turned back to the press and raised an apologetic finger. â€Å"If you could give me just one minute? I’m terribly sorry.† He heaved the weary, good-natured sigh. â€Å"Family first.† How to cite Deception Point Page 108, Essay examples

Friday, May 1, 2020

Law of Contract Obligations

Question: Discuss about the Law of Contract Obligations. Answer: Introduction: According to a promise made by Jane, she's going to give her sports car to Jack. But in return, no consideration is being provided by Jack to support this promise. In this way, the issue is with the effect of lack of consideration on the validity of a contract. According to the contract law, there are certain elements that should be present in the agreement which make the agreement enforceable by the law and results in the creation of a valid contract (Atiyah, 1995). Therefore, offer, acceptance, consideration along with intention and capacity is the element that makes an agreement legally enforceable. But in this case, Jane had made a promise to give her sports car to Jack. The car's market value is $25,000 but Jack is not going to give any price for the car in return. On the other hand, contract law provides that an agreement is enforceable if among other elements, consideration is also present to support the promise made by the other party. For this purpose, consideration is the b enefit that is received by the parties to the contract in exchange of the promise made by them. Similarly, the law also provides that past consideration is not valid (Re McArdle, 1951). It is also required that consideration should have some value under the law (Thomas v Thomas, 1842). As mentioned above, the element of consideration is required for the formation of a valid contract. But in this case, consideration is not present as Jack is not going to pay any price for the car. Therefore, it can be concluded that Jack does not have a legally enforceable promise due to the lack of consideration. In this question, an offer has been made by Jane to give Jack her sports car at a price of $25,000. This offer has been accepted by Jack and he is ready to pay $25,000 for the car. Therefore the issue is if Jack can legally enforceable promise made by Jane. In this case, the elements of offer, acceptance and consideration are present. An offer has been made by Jean and the same was accepted by Jack. Moreover, a consideration of $25,000 is also being paid by Jack. The doctrine of consideration deals with the bargain under the contract. Therefore, under the contract law, it is presumed that when the parties have created a contract, an exchange of promises takes place (White v Bluett, 1853). In view of this position, under the contract, each party needs to be promisor and also a promisee. Therefore it can be said that in case of a valid contract, both the parties to the contract should receive a benefit and similarly, they should also suffer a detriment under the contract. This benefit or detriment is known as consideration under the contract law (Atiyah, 1986). On these grounds, it can be concluded that in this case a valid contract has been created between Jack and Jane has all the elements required for the formation of a valid contract are present. Therefore Jack has an enforceable contract. The issue that is present in this question is related with the adequacy of consideration and its effect on the validity of the contract. Jane offered to sell her sports car for $2500 only while the market value of such a car is nearly $25,000. When the offer has been accepted by Jack, it has to be seen if Jack has an enforceable promise and if a legally enforceable contract is created between the parties. Generally, the courts are not concerned with the issue of the adequacy of consideration in the contract (Furmston, 2007). As the parties have the freedom of contract, the issue has been left to the parties to decide the consideration that is received by them in return of the promise made by them under the contract (Burrows, and Peel, eds., 2003). The law of contract provides that consideration should be sufficient and it is not required that adequate consideration should also be present. In order to be sufficient, a consideration should have some value under the law (Re Wragg Ltd., 1897). Therefore, an illusionary consideration is not valid under the law. Due to this reason, things like that you love and affection and morality are not created by the law as valid considerations. The issue of the adequacy of consideration has been discussed in detail by the House of Lords in Chappell v Nestle (1960) when it was decided that even empty chocolate bar wrappers can also have value as consideration. Therefore the position under the common law is that division consideration is required but it is not necessary that adequate consideration to be provided by the parties. Consequently, it is required that the consideration that has been supplied by the parties to support the promise made under the contract should have some value but it does not matter if the value is adequate or not to fulfill the purpose of meeting the return of the agreement (Carter and Harland, 2002). Hence even if the consideration that has been provided in the contract is not of equal value, still it will be considered as sufficient by the law or the formation of a valid contract. The only requirement is that a legal consideration should be provided and for this purpose, there should be an exchange of consideration among the parties to the contract. For example in White v Bluett (1853), the plaintiff had sued the estate of his father for the enforcement of a promise made by the deceased father to pay something if the plaintiff stopped complaining in future. In this regard, the decision of the court was that a promise to stop complaining in future is not a real consideration. The reasoning of the court was that such a promise does not have any economic value. As a result, the formation of a the contract requires that tangible consideration should be provided by the parties. In this case, a consideration of $2500 may not be adequate consideration but it is sufficient to support the promise and as a result, Jack has an enforceable promise in this case. Ans: The brief facts of this question are that a shipbuilder had entered into a contract with North Ocean Tankers for building a tanker for them. But after some time, there was a devaluation of the US currency by the government by 10 percent. The result was that the shipbuilder was going to suffer a loss under the contract. Due to this reason, the shipbuilder demanded that it should be paid extra $3 million otherwise it will not complete the work. On the other hand, the buyer, North Ocean Tankers already had a charter for the tanker and therefore it was very important that the tanker was delivered on time. Under these circumstances, the buyer reluctantly agreed to the demand of paying additional $3 million to the shipbuilder. However, now the buyer wants to recover this excess payment from the shipbuilder. Therefore the issue in this question is if they promise to pay additional money for the performance of an existing contractual duty can be treated as legally enforceable or not. Consideration is one of the elements that are necessary for the formation of a legally enforceable contract. In view of this requirement, gratuitous promises cannot be enforced by the law. In the past, the rule of the contract law dealing with the above-mentioned situation was that the performance of existing duty does not provide a good consideration in return of the promise made by the other party to pay additional benefit under the contract (Burrows, 1998). This rule was provided by the court in Stilk v Myrick (1809). But since then, the general rule has undergone sudden changes. According to the existing duty rule, the performance of an existing duty was not a good consideration in return of the variation made in the terms of the contract under which an additional benefit has been provided to the party. Therefore when a party has only performed its contractual duty imposed by a pre-existing contract, it is not considered as a good consideration. But the general rule underwent a significant change after the decision was delivered in Williams v Roffey Bros (1990). In order to decide this case, the court used the practical benefit rule for the purpose of deciding the issue present in this case. At the same time, the court adopted a new approach regarding the existing duty rule. The brief facts are that there was an agreement between the building contractors and housing Society. Under this agreement, the building contractors were required to renovate 37 flats. For this purpose, the building contractor made a sub-contract with Williams to do the carpentry work in these flats. According to the contract between the defendants and Williams, a price of 20,000 has been fixed for completing the carpentry work in these flats and this prize was to be paid by the defendants in installments. But after sometimes, the plaintiff, Williams started facing financial problems as the price decided by the parties for this work was too low. Under th ese circumstances, the plaintiff approach the defendant and told them that they will not be able to complete the work as the price was too low. The defendant also agreed that a low price had been decided under the contract. Moreover, the defendants were also interested that the work should be completed on time due to the reason that according to the contract they have created with the housing Society, there was a penalty clause according to which the defendants will have to pay a penalty if the work of renovating the flats was not completed on time. Under these circumstances, the defendant made a promise to the plaintiff that they will pay an additional amount of 575 for each flat that was completed on time. But later on, this promise was not fulfilled by the defendants. As a result, the plaintiff, Williams approached the court for the enforcement of this promise. The question before the court was if a valid consideration has been provided in this case by performing an existing duty to support the promise of paying additional money for completing the carpentry work on time. It was the decision of the court that a legal obligation was present on part of the defendants to pay the additional amount promised by them. The court stated that consideration has been provided in this case by the practical benefit that would have been achieved by the defendants from the completion of the work of renovating these flats on time as they will be able to avoid the penalty clause present in their contract with the house in society and at the same time, they will also display from the need of finding another carpenter to complete the work. By applying the above mentioned position of law, related with the performance of pre-existing duty as a consideration for a promise to pay additional money, it can be said that in this case, the buyer, Norrth Ocean Tankers had made a promise to the shipbuilder that if the tanker was completed on time, they will pay additional $3 million to the shipbuilder. In this way, although the shipbuilder is only performing its contractual duty under the pre-existing contract however, the buyer is going to achieve advantage by the completion of the tanker on time as it had a charter for the tanker. Therefore, it can be said that consideration is present in this case to support the promise made by the buyer to pay additional $3 million to the shipbuilder. Due to this fact, they promised to pay the additional money becomes legally enforceable. As a result, the buyer cannot recover the additional money paid by it to the shipbuilder. References Atiyah, P.S., 1995, Introduction to the Law of Contract, 5th Edition, OUP Australia Burrows, A. and Peel, E. eds., 2003, Commercial Remedies: Current Issues Problems, OUP Burrows, A., 1998 Understanding the Law of Obligations: Essays on Contract, Tort Restitution, Hart Publishing, Oxford Carter, J.W. and Harland, D.J. 2002 Contract Law in Australia, 4th Edition, (Butterworths, Furmston, M., 2007, Cheshire, Fifoot Furmstons Law of Contract, 15th Edition, OUP Re McArdle (1951) Ch 669 Thomas v Thomas) (1842) 2 QB 85 White v Bluett (1853) 2 WR 75 Re Wragg Ltd [1897] 1 Ch 796 Stilk v Myrick [1809] EWHC KB J58 Williams v Roffey Bros and Nicholls Contractors) Ltd (1990) 1 All ER 512 Chappell v Nestle [1960] AC 87

Thursday, March 5, 2020

Barth Syndrome essays

Barth Syndrome essays Barth Syndrome is a genetic disorder that only effect males. It is an X-linked ressive genetic condition. A mother that carries the genetic code for Barth Syndrome will never show signs or symptoms of it. She will always pass it to her daughters, and will have a fifty- percent chance of passing it to her sons. The daughters will never show any signs or symptoms either. Barth Syndrome only effects only the males. If a male does inherit Barth Syndrome from his mother, he only has a 30% chance of living through his first few years. Of the 30% that are diagnosed, those who seek treatment have an 85% - 90% chance of living in to their fifties. Barth Syndrome had many effects on the male body. An effected male will be far below average in weight and height. The lack of growth in the boys is often looked at as evidence of poor nutrition or some other effects of an illness, the termed used for this is failure to thrive. The effected person will have muscle fatigue. This includes all muscles, even the heart. They have a cellular deficiency that effects their ability to produce energy, causing activities that require strength or stamina, extremely difficult. Activities like walking to growing to writing. The boys also experience Neutropenia. It is a weakness of the immune system. Specifically its a reduction in the number of neutrophils. A neutrophil is a white blood cell, whose responsibility is to fight bacterial infections. Neutropenia places the Barth boys at an increased risk of acquiring serious infections. These infections may include bacterial pneumonia and skin abscesses. Treatment of Barth Syndrome can be tricky. A doctor was troubled with the case of a 3-week-old male baby admitted for congestive heart failure. The doctor did an electrocardiogram that revealed an unusual camels hump of the T waves and progressive thickening of the left ventricular wall with increa ...