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Exclusive Clause And Contra Preferentem
B. EXCLUSIVE CLAUSE AND CONTRA PREFERENTEM ISSUE: The Issue is whether Mr
Paul is successful in bringing legal proceedings against the golf club? Does Golf club has
responsibility for providing safety instructions to the players? RELEVANT CASES: According
to the case Bolton v Stone [1951] AC 850, House of Lords decision is that the defendant is not
liable if the unexpected happens after taking the safety and precautions to reduce the harm or
damage of the customers. The Exclusive clauses are valid when the parties are in the contract
and the seeking the limitation and excluding the liabilities to reduce damage for contractual
breaches or negligence s on their part. These clauses are lawful if they met the principle of
freedom of contract. These clauses are properly incorporated into the contract and they must be
sufficiently cover the liability in the question. In Darlington Futures Ltd v Delco Aust. Pty Ltd
(1986) 161 CLR 500 the high court has implemented that exclusive clauses are valid if they met
with the clear constructive meaning. If the clauses have more than one meaning and nature which
make it as void and not valid. It has been considered in determined for the cases of Sydney city
council v West (1965) 114 CLR 481; Thomas National Transport (Melbourne) Pty Ltd v May Baker
(Australia) Pty Ltd (1966) 115 CLR 353 that it should clearly establish the interpretation of an
exclusive clauses that to be accord by constructing the clauses according to the relevant
Christine Monologue
Frances made a telephone call to one of her best friends who live in Manhattan. Her name was
Christina. Frances started to tell Christina the whole situation between Michael and herself.
Christina never met Michael before. There is a weird guy that looks at me up and down when I
go shopping on Fifth Avenue said Christina. Was his name Michael? Frances asked angrily. No,
his name is Joseph. I found out his name because one day he approached me and asked for my
number. I gave him my number and we talked every day since that day responded Christina. Okay,
I have to go, I will talk to you later Frances told Christina. Frances walked back to the table where
Michael was sitting and ordered herself a drink. She didn t say anything to Michael.... Show more
content on Helpwriting.net ...
She started to think if she should just let Michael go and let him do what he wants. But, Frances
really love him and it s hard to get over him. She wants Michael to respect her, giver her attention
she needs, and love her the way she loves him. Michael stayed at the bar and made a telephone
call. The telephone call was to Christina. Christina picked up the phone and they started talking.
Michael went and met her on Fifth Ave and 53rd street. Christina told Michael a.k.a Joseph the
story Frances told her about Michael and herself. Michael started laughing because he knows that
it s him. He did not tell Christina that Frances is his wife. Michael and Christina talk as if they are
best friends. While Michael and Christina on Fifth Avenue talking, Frances is at home packing up
his clothes. Frances started talking to herself about all the things she does for Michael. There is
no way she could change him into the person she wants him to be. Even though he told me the
truth, it s not what I really wanted to hear said Frances to herself. He wants to be alone, that is
what he is going to get. He wants to be alone, that is what he is going to get Frances kept repeating
it to
On Cannibals Montaigne
Michel de Montaigne s essay, On Cannibals, is a short philosophical excerpt that explores
ethnocentrism― a belief that one s own culture or ethnic group is superior to another s. Based on his
personal experiences in the New World, Montaigne challenges the idea of superiority through
critiquing his own culture. He includes a shocking revelation about human nature, and our tendency
to believe anything is barbarous if it contradict our own habits. Some contemporary examples include
the Rwandan genocide, the slave trade in the United States, and child labour.
The Rwandan genocide occurred in 1944 where members of the Hutu ethnic majority in the east
central African nation of Rwanda, murdered nearly 800,000 people, mostly of the Tutsi minority.
Upper Back Pain Case Study
DOI: 8/12/2010. Patient is a 64 year old male shredder maintenance who sustained injury to his
cervical and thoracic spine when he lost control of an air gun and fell about 6 feet from the top of
the machine hood.
Based on the progress report dated 11/18/16, the patient presents with chronic neck and upper back
pain. Patient reports persistent neck pain and stiffness.
His pain is made worse with standing or walking for longer than 15 minutes. His pain is made
better with resting and medication. He received authorization to fill his Ultram prescription
obtained at his previous visit. He reports that use of the medication helps to reduce his pain by 30%,
which improves his ability to move around. He reports decreased pain and improved function with
use of the medication. He is utilizing for Prilosec for gastrointestinal protection, with good benefit.
He reports ... Show more content on Helpwriting.net ...
Current medications include tramadol acetaminophen 37.5 325 mg 1 tablet twice daily, Prilosec Dr
20 mg 1 capsule daily, simvastatin 20 mg once daily and terazosin 1 mg capsule at bedtime.
Diagnoses include other spondylosis of the cervical region, other intervertebral disc displacement of
the lumbar region, chronic pain syndrome and other spondylosis, thoracic region.
He was given a prescription for gabapentin 300mg 1 capsule at bedtime #30 to help with nerve pain
and difficulty sleeping, tramadol acetaminophen 37.5 325 mg 1 tablet twice daily # 60.00 and
Prilosec Dr 20 Mg 1 capsule daily #30.
Preliminary urine testing on 09/20/16 was negative for all substances, as he was not able to obtain
his medication at that time. A DEA CURES report on 9/20/16 was consistent. He has a signed pain
medication contract in his chart. He does not demonstrate any aberrant behavior
Current request is for 30 Capsules of Gabapentin 300 mg; 30 Capsules of Prilosec 20 mg; and 60
Tablets of Tramadol/Acetaminophen 37.5/325 mg between 11/28/2016 and
Characters In Macbeth
In Macbeth by William Shakespeare, numerous of events occur. A series of characters are introduced
such as Lady Macbeth, King Duncan, Banquo, Macduff and many others throughout the play. As
many introductions of characters are put in place, the plot of the story changes from time to time.
The three most important events that occur in Macbethare the prophecies that the witches tell
Macbeth and Banquo (1.3.50 53), the death of King Duncan (2.2.19) and the death of Macbeth
(5.8.32 40). These events have a ripple effect on one another and are the reason why they are the
three most important.
The witches are introduced in the beginning of the play (1.1.1 12) and are discussing when to meet
again. They re appear in Act 3 when Macbeth and ... Show more content on Helpwriting.net ...
Macbeth had his reasons to not kill Duncan: committing violent crimes teaches other people to
commit violence and the violence of students will come back to plague teachers (1.7.8 10); he is
his kinsman and his subject, so Macbeth should always try to protect him (1.7.13 14); people will
shed a flood of tears that will drown the wind like a horrible downpour of rain (1.7.25); and many
others. Macbeth goes along with the plan of murdering Duncan. Lady Macbeth had made a plan of
getting the servants drunk enough to forget what has happened that night and blame the death of
Duncan on them. In addition, Lady Macbeth had influenced Macbeth to continue with the plan
when she questioned his manhood, and calls him a coward. The importance of this event is that it
there was a huge, sudden change in Macbeth s character. At first Macbeth had felt guilty of killing
Duncan as stated One cried, God bless us! And Amen the other, ... List ning their fear I could not
say Amen, when they did say God bless us! (2.2.24 27). However, his guilt of killing Duncan
vanishes briskly when he decided to kill his best friend, Banquo, without hesitation. Macbeth grew
more bloodthirsty, barbarous, violent and ruthless. All due to the murder of King Duncan.
William Shakespeare ends Macbeth with the downfall of the protagonist, Macbeth. As every soldier
in the English Army breaks off a branch in Birnam Wood to uses as disguise to enter Dunsinane,
twin studies Essay
ARTICLE REVIEW
Separated Twins and the Genetics of Personality Differences: A Critique
Author(s): Jay Joseph
EDP 1002 : THEORIES OF PERSONALITIES
Introduction
Throughout history, across all cultures, people have been fascinated with twins. In addition to
interest in the close emotional ties and biological similarities that twins may share, reports of special
twin languages and twin extrasensory perception (ESP) help people to explore ideas of what it
means to be human. How similar or different are they to each other? How important are genes and
environment for development? Because identical twins share all of their genes, it is the environment
rather than genetics that accounts for any differences between them. ... Show more content on
Helpwriting.net ...
and Shields studies, MISTRA twins were discovered on the basis of similarity and their knowledge
of each other s existence. Also, Minnesota study also lack of case histories and the failure to share
data. Although most of the earlier researchers were viewing twins through a hereditary lens, their
descriptions provided a wealth of information.
Method of research and Findings In this study, they are used several type of method, one of the
technique is used two or more test instrument to ensure the adequate coverage, for example the
participants were given a battery of personality and mental ability tests, interest and value inventories
and psychomotor tests. In addition, separate of examiners administer the IQ test, life history
interview, psychiatric interview and sexual life history interview. The twin also complete
questionnaire independently under the constant supervision of the staff members. Twin studies are
valuable to researchers because identical twins share 100% of their genes and fraternal twins share,
on average, 50% of their genes. Both identical and fraternal twins share certain aspects of their
environment (e.g. religious practices in the home). This allows researchers to estimate the
heritability of certain traits. Participants are asked about academic ability, personality, and interests;
family and social relationships; mental and physical health; physiological measurements. Of interest
to researchers are prevalence of psychopathology, substance
Essay on A Christmas Carol
A Christmas Carol
Stave 1:
Scrooge s character is established early in stave 1. Dickens shows his popularity by showing us his
relationships with people in his surroundings. We can tell scrooge is unpopular as the narrator
portrays him as a Tight fisted hand at the grindstone.
Scrooges name give us a similarity between the word scrounge what is to be tight with money and
every opportunity to make money, this automatically helps us launch an understanding that he is
tight with his money, what is necessary to associate him as nasty old man. When the narrator is
describing Scrooge he uses words that help us negotiate an opinion that Scrooge is an aggressive
and is detested by person. It helps us find out that scrooge is a ... Show more content on
Helpwriting.net ...
Scrooge shows no affection towards him by declining his invitation to dinner on Christmas day.
Scrooge does all that he can to turn his nephew ideas on Christmas. Scrooge s argument on
Christmas is that they have no right to be merry as you are poor enough. And he said he lives in
his word of fools. We can tell he wants to be alone by telling him to keep Christmas in his own
way literally telling him to leave him alone. Scrooge s relation towards the two gentlemen
collecting money for a charity is that he instantly finds a defense of why he shouldn t give
money. He says that he shouldn t give money because there are actually places for the homeless
people to go scrooge feels it s none of my business and he feels that it s enough for a man to
understand his own business and not to interfere in others. This also gives us ways of proving how
cold hearted he is. Scrooge s relationship with his employee Bob
Cratchit is one where he mistreats poor bob. Scrooge neglects Bob and he thinks that he has to get
his moneys worth for his work. The ways that Scrooge mistreats Bob Cratchit is by not allow him to
put another coal on his fire he is told to poke the ashes. This shows his wicked and cruel side but
Cratchit puts up with his evil ways because he believes it is because Scrooge is lonely. Scrooge is
adamant about bobs time of work he finds a defense about why should he not work, his
Video
Video Case: Constraint Management at Southwest Airlines
Question 1: Analyze Southwest s passenger boarding process using the Theory of Constraints.
Southwest Airlines is an airline company that has set industry benchmarks of having the best
turnaround ratios, in an industry where lead time during different operations is very time
consuming. Southwest currently boasts a rapid gate turnaround of 25 minutes or less, and it
demonstrates how attention to activities pertaining to ground operations (including cleaning of the
aircraft, fuelling and flight preparation) can help the company in being so operationally efficient.
Customers rave about low fares, exceptional customer service, and the biggest competitive advantage
that Southwest has ... Show more content on Helpwriting.net ...
Constraints in the boarding process are related to the boarding sequence of passengers; in order for
Southwest to manage its constraints, they need to improve the boarding sequence of passengers to
make it as fast as possible which in turn would lead to better turnaround times (faster boarding
times).
Question 2: Which boarding scenario among the different ones proposed would you recommend for
implementation? Why?
The seven different alternate boarding scenarios that were designed were: * New family pre
boarding behind the A group of first to board passengers. This method would give priority to
passengers that are travelling with families and give them exclusive access to the aircraft first. *
Family pre boarding before anyone else, but seating choices limited on board to behind the wing.
Similar to the first scenario, this would give families priority in the boarding sequence but would
restrict them to certain sections of the aircraft. * Six boarding groups (within A B C groups)
instead of the original three A B C groups. This would allow for better division of the boarding
sequence since the groups have been doubled. * Assigned boarding gate line positions based on
both boarding group and gate arrival time. This scenario would allow Southwest to get rid of its
current single line philosophy. * Single
The Next Big One Analysis
Earthquakes are a sudden and violent shaking of the ground, sometimes causing great destruction, as
a result of movements within the earth s crust. You can t know when or how much the damage of the
shock will be. I think that predicting earthquakes is a bad science because of how often and not they
happen. In the article The Next Big One the author says, You see right there a fundamental problem
with earthquakes: They refuse to operate on human standard time. They re on their own peculiar
schedule. Earthquakefaults have a nasty way of combining patience with impulsiveness. Wait,
wait,wait lurch. This explains how they go whenever and that you can t just know when they are
gonna happen. They have predicted this major earthquake that will
How Did Prohibition Cause Organized Crime
Jello Biafra once said, For every prohibition you create, you also create an underground. When the
united states United States created the prohibition of alcohol it started out to be a good thing but
then and underground was created with secret bars, saloons and underground distilleries.
Prohibitions failure is mainly due to the dramatic increase in organized crime. In addition, the tragic
decrease in alcohol quality as well as alcohol associated deaths and illnesses. One of the biggest
reasons why prohibition failed, is because prohibition created tons of organized crime. Prohibition
did not end drinking in America; it merely intensified drinking by driving it underground. the
speakeasy replaced the saloon, and the nightclub replaced... Show more content on Helpwriting.net ...
So most of the times there would be ingredients that should be in the alcohol. Now that alcohol
was no longer subject to health inspection, various ingredients were used to make homemade
liquor and brew, many of which were harmful or even fatal, nevertheless, the illeg0al alcohol
market was generating millions of dollars per year (Coffey). Many citizens that depended on
alcohol to survive, would do anything and everything in their power to get their hands on it. And
they do not care what they are ingesting, they just want that free feeling that alcohol gives them.
Above all, many Americans with a taste of liquor were determined to get hold of a drink one way
or another (Sandbrook). Often times it would kill the person, but they did not care what it did to
their body. It was also very expensive to buy from bootleggers, or on the black market. Almost
immediately after Prohibition began, Hardware stores began selling portable stills. Distilleries in
Canada and Mexico flourished as Rum Runners smuggled liquor across the borders to sell on the
black market (Coffey). Like any law there is always going to be a black market, underground
source that is making money hand over fist. In fact in this case distilleries in Canada and Mexico
made some profit . Alcohol that you buy could be laced with a deadly chemical, but that is the risk
you take to have just that one drink, that one drink could be your last
The Development Of The Periodic Table
Chemistry Research assignment
OUTLINE the history of the development of the Periodic Table including its origins, the original
data used to construct it and the predictions made after its construction. (Include references to the
contributions made by Antoine Lavoisier, Johann Dobereiner, John Newlands, Dmitri Mendeleev,
Lothar Meyer, William Ramsay, Henry Moseley, J.J. Thomson and Niels Bohr.
In 1803 a man by the name of John Dalton Proposed that matter was comprised of atoms that were
very simple and solid with no structure. He also put forward that each element was different from
each other with different atomic weights. J.J. Thomson first discovered the electron in 1897 which
lead to him developing a new model of the atom in 1904 1909, this new model is often referred to as
the plum pudding model due to Thomson visualizing the atom as a positive sphere in which negative
electrons embedded into it. Thomson envisaged the electrons to have some sort of structure or
pattern to them rather than just loose as the name, plum pudding implies. Earnest Rutherford
Developed an atomic model in 1911 called the planetary model. This model has positive protons in
the nucleus with negative electrons orbiting it like the sun. He developed this model due to him
discovering the nucleus. Later in 1913 Niels Bohr Realised that the electrons that orbit the nucleus
must occupy stable, non radiating orbits. This led to him developing the Bohr Model which was
electrons occupying stable shells
What Way Should People Interpret How The Process Of...
In what way should people interpret how the process of genocide works when coming across a
statement from Adolf Hitler (1939) saying, My pact with the Poles was merely conceived of as a
gaining of time. As for the rest gentleman, the fate of Russia will be exactly the same as I am now
going through with the case of Poland. After Stalin s death...we will break the Soviet Union. Then
there will begin the dawn of the German rule of the earth ( Poland Will Be Depopulated and Settled
with Germans document). Judging by the content of that statement, one may interpret that genocide
works as a process to break down another country. To some extent, that is correct but one must
learn that this process encompasses strategies in order to achieve the downfall of a country. For
one thing, to understand how genocide works, one needs to know what that term means. Genocide
is an intentional physical or cultural act of eliminating the population of a specific national,
ethnical, racial or religious group (Kiernan). Moving forward, the process of genocide works as a
cycle of manipulation and elimination to intentionally remove a certain group of people. This cycle
of manipulation was applied towards targeted groups and those who enforced the platform of
genocide. Influence was a force intended to manipulate how people think, as well as obedience.
Targeted groups were influenced to believe their harsh conditions would eventually come to an end
by obeying any given instruction. Also, those who
Essay Comparing Medea And A Doll s House
In the tragedy, Medea, written by Euripides and the play, A Doll s House, written by Henrik Isben,
both contain strong female protagonists. Both marriages contained difficult struggles and
complications, however; the women handle the situations in extremely contrasting ways. Whereas A
Doll s House exemplifies a more traditional marriage, Medeaportrays quite the opposite.
Additionally, Nora s persona is a bubbly, typical, woman, unlike Medea, who is much more
independent. Although, there are many differences between Nora and Medea, it is those
differences that bring out their similarities. The marriages between Nora and Trovald, and Medea
and Jason display two different perceptions of marriage. Nora and Trovald s marriage represent a
stereotypical marriage; Nora is very dependent of Trovald. Trovald is ultimately the breadwinner of
the family,... Show more content on Helpwriting.net ...
He must always take care of her and sustain her under his control. Although, Nora is expected to
meet his needs and abide to his every need, but when he goes into his study, she mustn t disturb
him. However, Jason separates from Medea in order to marry Creon s daughter. Medea is left
heartbroken and betrayed by her former husband, Jason, because he has abandoned her. This
leaves Medea as an independent woman, and in the end results to her being vengeful towards her
former husband. Secondly, Nora has a constant fear of losing Trovald. In Act One, Nora states,
One day I might, yes. Many years from now, when I ve lost my looks a little. Don t laugh. I mean,
of course, a time will come when Torvald is not as devoted to me, not quite so happy when I dance
for him, and
