Tuesday, December 10, 2019
Digestive Process Essay Example For Students
Digestive Process Essay It is in the mouth, that the Thanksgiving feast begins its journey through the fabulous digestive system. It is here that the lips, cheeks and tongue, carefully position the food that the teeth will chew. This chewing process breaks up the food, this being a part of mechanical digestion. While the teeth grind up the turkey and tasty stuffings, the salivary glands begin emitting enzymes, these enzymes being contained in saliva. This saliva helps to dissolve some foods, and adds mucus to make the foods passage through the digestive system a little more speedy. The saliva also attacks dangerous microorganisms which enter the mouth. Saliva also contains an enzyme which helps to break down carbohydrates into sugars. As the food is being ground and coated with saliva, its passed over the taste buds, which in turn send messages to the brain. The brain uses this information to decide whether or not the food should be swallowed. The food is then gathered into a ball, called a bolus, and it is pushed down into the pharynx by way of the tongue. This bolus of Thanksgiving meal is then passed down the esophagus, the esophagus being a 24cm long tube which connects the pharynx and stomach. Lining the walls of the esophagus are rings of muscle which contract in waves, pushing the bolus down the length of the esophagus. At the base of the esophagus, where the esophagus and stomach join, a thick ring of muscle called a sphincter, is found. This sphincter acts like a valve, as it allows food to pass into the stomach but does not permit it to pass back up through the esophagus. The stomach, which is in the essence a large muscle sack, contains three sets of glands which produce gastric fluids. One set produces mucus which coats the food, making it slippery, and it protects the stomach walls from being digested by its own secretions. The second set of manufactures hydrochloric acid, which aids in the break-down of foods. In conjunction with hydrochloric acid, pepsin, which aids in the break-down of protein into smaller polypeptides, begins the process of protein digestion. The stomachs muscular walls move around the food and mucus, mixing them with the gastric fluids produced. The food becomes a pasty substances referred to as chyme, after about 2 or 3 hours of grinding within the stomach. The pyloric valve, or gateway between the stomach and small intestine, opens. The chyme contained in the stomach is then forced down into the small intestine by a process called peristalsis. The chyme is then forced along the entire 20ft of small intestine, where the process of breaking down the food, and taking out its vitamins, minerals, etc., is continued. These vitamins and minerals will be used throughout the rest of the body, once they have been placed into the bloodstream. After making its way through the small intestine, the chyme is passed on through the colon, or large intestine. The colon proceeds to remove water from the chyme passing through it, reducing it into solid waste, or feces. Again, through the process of peristalsis, the fecal matter is passed through the colon, where it will then gather at the end of the colon, in rectum. Muscles located in the colon prevent the feces from being released until it becomes convenient for us to expel them from the body, by way of the anus. Bibliography:
Monday, December 2, 2019
Tim OBriens The Things They Carried Essays - The Things They Carried
Tim O'Brien's The Things They Carried Critical Review: Tim O'Brien's The Things They Carried Tim O'Brien's The Things They Carried is not a novel about the Vietnam War. It is a story about the soldiers and their experiences and emotions that are brought about from the war. O'Brien makes several statements about war through these dynamic characters. He shows the violent nature of soldiers under the pressures of war, he makes an effective antiwar statement, and he comments on the reversal of a social deviation into the norm. By skillfully employing the stylistic technique of specific, conscious detail selection and utilizing connotative diction, O'Brien thoroughly and convincingly makes each point. The violent nature that the soldiers acquired during their tour in Vietnam is one of O'Brien's predominant themes in his novel. By consciously selecting very descriptive details that reveal the drastic change in manner within the men, O'Brien creates within the reader an understanding of the effects of war on its participants . One of the soldiers, "Norman Bowler, otherwise a very gentle person, carried a Thumb. . .The Thumb was dark brown, rubbery to touch. . . It had been cut from a VC corpse, a boy of fifteen or sixteen"(13). Bowler had been a very good-natured person in civilian life, yet war makes him into a very hard-mannered, emotionally devoid soldier, carrying about a severed finger as a trophy, proud of his kill. The transformation shown through Bowler is an excellent indicator of the psychological and emotional change that most of the soldiers undergo. To bring an innocent young man from sensitive to apathetic, from caring to hateful, requires a great force; the war provides this force. However, frequently are the changes more drastic. A soldier named "Ted Lavender adopted an orphaned puppy. . .Azar strapped it to a Claymore antipersonnel mine and squeezed the firing device"(39). Azar has become demented; to kill a puppy that someone else has adopted is horrible. However, the infliction of vio lence has become the norm of behavior for these men; the fleeting moment of compassion shown by one man is instantly erased by another, setting order back within the group. O'Brien here shows a hint of sensitivity among the men to set up a startling contrast between the past and the present for these men. The effect produced on the reader by this contrast is one of horror; therefore fulfilling O'Brien's purpose, to convince the reader of war's severely negative effects. In the buffalo story, "We came across a baby water buffalo. . .After supper Rat Kiley went over and stroked its nose. . .He stepped back and shot it through the right front knee. . .He shot it twice in the flanks. It wasn't to kill, it was to hurt"(85). Rat displays a severe emotional problem here; however, it is still the norm. The startling degree of detached emotion brought on by the war is inherent in O'Brien's detailed accounts of the soldiers' actions concerning the lives of other beings. O'Brien's use of speci fic and connotative diction enhances the same theme, the loss of sensitivity and increase in violent behavior among the soldiers. The VC from which Bowker took the thumb was just "a boy"(13), giving the image of a young, innocent person who should not have been subjected to the horrors of war. The connotation associated with boy enhances the fact that killing has no emotional effect on the Americans, that they kill for sport and do not care who or what their game may be. Just as perverse as killing boys, though, is the killing of "a baby"(85), the connotation being associated with human infants even though it is used to describe a young water buffalo they torture. The idea of a baby is abstract, and the killing of one is frowned upon in modern society, regardless of species. O'Brien creates an attitude of disgust in the reader with the word, further fulfilling his purpose in condemning violence. Even more drastic in connotation to be killed is the "orphaned puppy"(39). Adding to the present idea of killing babies is the idea of killing orphaned babies, which brings out rage within the reader. The whole concept is metaphoric, based on the connotations of
Wednesday, November 27, 2019
Fibonacci Sequence Essays
Fibonacci Sequence Essays Fibonacci Sequence Essay Fibonacci Sequence Essay Fibonacci Sequence Fibonacci, also known as the Leonardo of Pisa, born in the early 1770ââ¬â¢s AD in Pisa, Italy, has had a huge impact on todayââ¬â¢s math, and is used in everyday jobs all over the world. After living with his dad, a North African educator, he discovered these ways of math by traveling along the Mediterranean Coast learning their ways of math. With the inspiration from the ââ¬Å"Hindu-Arabicâ⬠numerical system, Fibonacci created the 0-9 number system we still use to this day. One of his most important and interesting discoveries is probably what is known as the Fibonacci sequence. It goes like this: 1, 2, 3, 5, 8, 13, 21, 34, 55, 89, 144, and so on. He discovered this sequence through an experiment on an over population and breeding of rabbits. He then realized that if you add the last two numbers together you get the next one. The Fibonacci sequence can be found almost anywhere including: architecture, economics, music, aesthetics, and most famously known, nature. For example the way seeds are arranged on a sunflower or pinecone, uses the Fibonacci sequence to prevent over crowding. It can also be seen in spiral galaxies, shells, the way water falls on a spider web, and even in your own body. Did you know that if you go from the bone in the tip of your finger to itââ¬â¢s middle it should be two fingernails long, followed by the base at about 5 fingernails, and the final bone goes all the way to about the middle of your palm which is the length of about 8 fingernails? : There are other example of this in your body to such as a DNA strand is 34 by 21 angstroms. Mozart uses it in his world-known sonatas by how many measures he puts in each section of his music. Or on a piano, if you look at the scale, there are 13 keys, 8 are white, and 5 black, which are split into groups of 2 and 3. When it comes to architecture, itââ¬â¢s been used as early as 2,560 BC on the Great Giza Pyramids. Leonardo DaVinci always tried to use this sequence throughout his artwork to, due to its aesthetic appeal. As for economics, some people believe that the stock market follows a sequence like Fibonacciââ¬â¢s but this is still being strongly debated. Yet even today, Fibonacci is known as the greatest European mathematician of the middle ages and will never be forgotten for his math contributions. I believe we are just discovering how many uses there really are for the Fibonacci Sequence, and Iââ¬â¢m excited to see how they will evolve and become an even bigger part of our daily lives.
Saturday, November 23, 2019
Emily Bronte-Cold in the earth critical analysis Essays
Emily Bronte-Cold in the earth critical analysis Essays Emily Bronte-Cold in the earth critical analysis Paper Emily Bronte-Cold in the earth critical analysis Paper On surface level, it seems that Cold in the Earth is a poem about the lose of a beloved. It deals with grief, a sense of despariring, and a feeling of coldness. However, Cold in the earth is not a display of grief but an exploration of the psychology of loss. The title Cold in the Earth gives a feeling of coldness; frozen, desperate despairing sensation, an aura of death and loss. The poem provides different perspectives of viewing the idea of loss and how one copes with loss; it can be said to serve as a multi-way lens of viewing the idea of loss. The first stanza describes the love that Bronte has lost, and is full of emotion. Deep snow piled above thee, this quote has two purposes. Firstly it describes the snow, which adds to the feeling of coldness, leaving a frozen, desperate, despairing sensation, which contrasts to the warmness associated with love. The fact that the snow is piled above thee enforces the fact that her lover is gone, far beyond reach and can never be retrieved. She then asks a rhetorical question, Have I forgot, my Only Love, to love thee, Only Love here emphasises the extent of her love by being capitalized. In the second stanza Bronte compares her thoughts to a bird my thoughts no longer hover, this metaphor shows a contrast between the freedom of flight that the bird enjoys in comparison to the containment that the persona feels. The second stanza tells us that she when alone, cannot think about the mountains near Angoras shore. This is an extremely important biographical reference to her own life; as well as a personification. Most of the poems written by Emily Bronte were based around the world that she created with her siblings. This world was called Gondal. It was a land of four provinces that was ruled by King Julius Brenzaida, one of these provinces was called Angorra. Bront had a reclusive personality it could be said that she preferred to live her life through the characters in her world. Thus, this poem Cold in the Earth can be taken from the viewpoint of Rosina Alcona (the persona), and Brenzaida. Brenzaida has died 15 years previously and Rosina is reflecting upon his death. The third stanza starts the same way the first did, Cold in the earth, this repetition reinforces the death and sadness that she feels about her lost love. This stanza seems far more positive than the last two; as she describes how after the death of her lover her life continues much like the seasons, those brown hills have melted into spring, the season spring here shows how things are getting better as she deal with his death. This shows a cyclical pattern, the spring brings her joys ans the ability to forget, whereas in the winters the memories of her 15 year dead love comes flooding back. In the fourth stanza Bronte apologises to the beloveds memory for forgetting him, if she has, Sweet Love of youth, forgive if I forget thee. She gives an explanation for her lapse in remembrance; the pressure of the the world and its affairs as well as more desires and avenues to explore, but there is also a tone of regret in the poets choice of words; hopes which obscure but cannot do thee wrong. , this statement insinuates that even though she may have other desires she never forgets the beloved, and the love she feels for others will never eclipse the love she felt and still feels for him. As if to give support to the previous statement the poet dedicates this stanza to the memory of the beloved, if the previous stanza stirred his memory, then these four lines are filled with an emotion similar to the ones persona felt shortly after his death. Almost as if her regret and remorse has been refreshed by the memory of the beloved. The words Sun and Star are both capitalised as if to enforce the effect that the beloved had on the persona. As a means of reassurance, Bronte follows the previous stanza with an almost rhetorical series of lines, as if trying to convince herself that her life is still worth living. Then did I learn how existence could be cherished, this shows that although she did feel great love for him she still has the strength of character to mourn and then put her life back together. This is in context with the third stanza, in which also points this out by saying those brown hills have melted into spring- . In the last verse Strengthened and fed without the aid of joy, the use of the word fed gives the image of rejuvenation and rebirth, an image that contributes to Brontes strength of character. Following the theme of recreation, Bronte draws feelings from her memories. Then did I check the tears of useless passion, Bronte here demonstrates the ability to pick herself up, and allow herself to heal and gain back her love for life. She also remembers herself as young, showing that as the scars that were dealt by his death heal she herself grows more mature. In this light we see that there was some good drawn from her lovers passing, the self-healing process acted as a learning curve for her and due to that learning she has gained more from life, as she now appreciates its value. In the final stanza Bronte reflects on the pain she felt, but instead of remembering it as a horrible experience she uses words like rapturous and divine, however this choice of words doesnt relieve the pain so much as it enriches it. It gives the image of a pain that could never be experienced through physical harm, but only through an assault on ones mind and soul. Another important aspect found in the poem was the stress on the ballad-like structure and lyrical as well as dramatic affect. The extensive use of commas, question marks, hyphens, and semi-colons all contribute to the lyrical affect of the poem, which reverbreates in the mind after reading it. The sprinkling of alliteration, wearing wave? , .. ever, ever , desires and darker , and the anadiplosis of the Cold in the Earth and All my lifes bliss contribute both to the dramatic and lyrical affect as well as the strenthing and stressing her wandering thoughts. There is a psychological flow in the poem: Firstly, her memories of Bronte with her lover is frozen along with the deep snow piled above her lovers corpse. Secondly, she is in the dilemma of forgetting her beloved and these memories or not. Then, she represses her wish to die and leave this world (Sternly denied its burning wish to hasten down to the tomb already more than mine). Fourthly, she cannot let go of her love for him, and she doubts upon the thought of forgetting that divinest anguish, whether she can move on with her love without such thoughts of memories (How could I see the empty world again? ). At last, no conclusion is reached. Bronte is confused and torn as ever before.
Thursday, November 21, 2019
Drug Trafficking Research Paper Example | Topics and Well Written Essays - 1000 words
Drug Trafficking - Research Paper Example This trade is secretly done in the black market, but if any person is caught dealing or consuming illegal drug he will have to face long tenure in jail. Drug trafficking is the most profitable trade in the world which involves very powerful people, who are well funded had possess heavy arms to defend themselves (Sherman, 2010, pp. 7-9). Drug trafficking is an international issue. The violence that culminates through drug trafficking is a problem in United States because each group traffics drug in their own specific area and very often they get involved in a fight with each other and also with the police. History and Examples The origin of drug trafficking in United States varied from state to state. In Mexico, the drug trafficking trade began during the 1990s (Hamnett, 2006, p.7). In Latin America and Mexico the drug trafficking trade began during the 1980s. The drug trafficking in Cuba started from 1920. During the year 1980, the economic condition of Latin America was crucial. Due to the major increase in unemployment and public debt, it was discovered that smuggling of drugs will be more profitable which will help to develop the financial condition of the state. Smuggling of drugs especially cocaine lead to an increase in criminal activity which eventually formed an epidemic in the United States. Then President Ronald Reagan affirmed a war against drug trafficking in the 1982. Lot of policies was made to abolish the practice of drug trafficking in Latin America but it failed badly. More loss in economy drew the peasants especially the poverty stricken people to reap coca leaves. These leaves were formed into a paste and were transported to Columbia for final processing. Drug trafficking in Columbia facilitated employment to thousands of citizens and acquired large amount of profit. Most of the profit remained in United States and Europe. Speedy growth of unofficial economic sector took place in Latin America due to the increase in drug trafficking. Massive trade in illegal narcotics started. Large amount of people are employed to work in this illegal business. Latin America remained a largest producer of narcotics into United States (La Rosa and Mejia, 2006, p. 140). The Action of Law in Drug Trafficking Cases Gradually narcotic trafficker violence became a problem that could not be ignored by the Columbian government. US adopted an anti-drug policy to control this situation. In the year 1986, the President formed a National Security Decision Directive (NSDD) that involved military power to combat against narcotic situation. Huge financial resources were spent to prevent the use of drugs. Drug supply was reduced in the country and became very expensive for consumption. The products were seized from the drug smugglers. U.S Congress started emphasizing on the source of supply of the narcotic drug and addiction problem in the country. Legal codes and law was changed in Columbia. With the help of military force Columbia was successful in capturing drugs. Farmers were incited to cultivate coffee rather than coca leaves. Traffickers became a danger to the country because they caused mortal threats. Public strongly protested against the traffickers. Government took a constructive action against the traffickers (Menzel, 2000, pp. 40-66). Views on Drug Trafficking According to The Presidentââ¬â¢
Wednesday, November 20, 2019
Accommodation Management Essay Example | Topics and Well Written Essays - 2000 words
Accommodation Management - Essay Example There are various types of hotel industries ranging from commercial, airport, conference and economy, all-suite hotels among others. Categorically, these types fall under fall broadly under luxury or budget hotels. Hotels offer diverse services to its customers depending on the type and customers to be served. Hotels offer it services both to local and international customers; most of the international customers are the tourists and travelers (Fisher, 2006). They can offer food, entertainment, education, conference space and any other needs that customers need. While the act of hiring out the space to tourists is traced back to ancient times, it has been a booming business all over the world. Hotel falls under the industry of hospitality, which has diverse but specific services all over the world. Certainly, it one of the largest employer, recruiting several persons in a puzzling array of jobs within the globe. These hotel sectors vary from prestigious five-star to the ordinary secto rs especially found in public institutions. In this section, a clear comparison is given for two broad types of hotels i.e. a luxury hotel represented by The Westmead Hotel and a budgetary Hotel represented by The Britannia Country House Hotel. For better difference, range of services provided is discussed. Similarities between The Westmead Hotel and The Britannia Country House Hotel Conferences Both hotels have well established flourished room for holding meeting especially in the issue of planning. They provide unrivalled diverse and professional rooms that suit all types of meeting for both private and public conversations (Gupta, 2007). They offer an exclusive selection of the best class hotel places with equipped facilities and good customer service. The staff is well vast with experience for coordinating and organizing conference rooms in all the lodges. All these activities are aided by well trained personnel. For every conference held, customer get prestigious accommodation, catering services and leisure activities. Accommodation They offer very luxurious accommodation in all their lodges. All are sophisticatedly presented with integrated modern and traditional styles. Although may not present the diverse technological accommodation advancement, they match the desires of all the customers of different classes. All the office operations are suited for 24-hour service, private safety and parking (Gupta, 2007). Although most of the rooms are designed for ordinary living, extreme conditional living is catered for e.g. smokers. Each room has recreational cum entertainment facilities that facilitates the customers comfort. Furthermore, the entire fees should be paid in advance though it varies from one hotel to another. Children under the age of 12 are allowed to sleep with their parents at no extra cost. Between the age of 13-18, parents pay half the price for elderly. Reservations The hotels have adopted the modern technological advancement to reserve room s. They have devised online criteria whereby esteemed customers can book for their rooms everywhere in the world. The management information system has been a great benefit. Through this system, it has facilitated smooth information flow from one department to another. The management team can then budget for the customers thus avoiding wastage of resources. Meals Food gives the name to a hotel. Both of these hotels provide a wide range of foods ranging from local to modern. They accommodate both the likes and dislikes for all the people with well trained cooks and chefs. Meals are provided at the customersââ¬â¢ request. Children, old and expectant mothers are treated with special attention to meet their needs. This implies that special foods
Sunday, November 17, 2019
Scope of Communications Methods Essay Example for Free
Scope of Communications Methods Essay 1. Introduction Contracts are in anywhere. Contracts = ââ¬Å"Intentionâ⬠, ââ¬Å"Agreementâ⬠and ââ¬Å"Considerationâ⬠. The rule of Contracts will establish when offeree is accepted the offerorââ¬â¢s offer. ââ¬Å"Agreementâ⬠is one important term in Contract. ââ¬Å"Agreementâ⬠is ââ¬Å"Offerâ⬠and ââ¬Å"Acceptanceâ⬠. Today our topic is The Postal Acceptance Rule which only applies to ââ¬Å"Acceptanceâ⬠. Hence we focus on ââ¬Å"Acceptanceâ⬠and assume that if ââ¬Å"Acceptanceâ⬠is valid, and the contract will valid too. The general rule is formed contract acceptance is actually communicated to the offeror. But The Postal Acceptance Rule is an exception of this rule. Today is the electronic world, communication is not only by postal service also use by electronic transaction. Now we will discuss The Postal Acceptance Rule is its rationale, effect, should it continue to be applied and compare to Electronic Transactions Act (ETA) for determining the timing of acceptance sent by fax and email. Also we will talk about expanding or restricting the types of modern communication methods affected by this rule. 2. History and Background of the Postal Acceptance Rule The Postal Acceptance Rule is the fifth and the last of the relevant sub-rules affecting communication of acceptance. The Rule maybe summarized in this way In 19th Century England, there only 2 method of communication between offeror and offeree deal in person or by mail. The courts had to decide the moment of contract formation by this 2 method. If the negotiating parties are deal in person, they do not face the problem of delay and failure of information transmission. If offeree accept the offer to offeror by mail, there will be a substantial delay in delivery of the letter or even totally lost in the course of post. Adams v Lindsell[1] is the case of delay acceptance and The Postal Acceptance Rule was established by this case. In Case we saw that negotiating parties were not sure the precise time of acceptance had been communicated. This created timing of the acceptance problem and led to the formation of rule. Hence the court determined the acceptance is valid when the letter of acceptance is posted. 3. Case of the Postal Acceptance Rule 3.1 Application case of the Postal Acceptance Rule According to Household Fire Carriage Accident Insurance Co (Ltd) v Grant[2], Grant applied by a letter for shares in the Household Fire and Carriage Accident Insurance Company Ltd. The shares were allotted to him and the letter was sent to him at the address given by him. But Grant never received this letter. Later the company went bankrupt, Grant is asking for the outstanding payments. In this case, Grant is offeror, Household Fire and Carriage Accident Insurance Company Ltd is offeree and the offer is buy the shares. By the Postal Acceptance Rule, the acceptance is valid when the letter of acceptance is posted no matter that the offeror is received it or not. Now the offer is accepted by offeree and offeree posted the acceptance to offeror. Hence Grant is legally bound to pay the outstanding payments. Further to case Dunlop v Higgins[3], is in same situation, Dunlop send to offer to Higgins. In the communication delay time, Dunlopââ¬â¢s good prices have increased. Higgins has posted the letter of acceptance when he received the offer from Dunlop. Dunlopââ¬â¢s wonââ¬â¢t to supply the goods to Higgins with old prices. By Postal Acceptance Rule, hence Dunlop must comply with their offer supply the goods to Higgins with old prices. 3.2 Exclusion case of the Postal Acceptance Rule The Postal Acceptance Rule does not apply in every case. Even if the negotiating parties involved consider the postal service is an acceptable means of communication. According to Byrne v. Van Tienhoven[4], the Postal Acceptance Rule cannot accept offeror revocation their posted acceptance. In this case, Van Tienhoven had been sent out the acceptance to Byrne. But Van Tienhoven withdrawal offer and sent out the new one to Byrne before Byrne received the old offer. The court determined Van Tienhoven is not allowing to revocation of posted acceptance. The withdrawal of the offer was not effective until negotiating parties was communicated. Another case Holwell Securities Ltd v Hughes[5], the grantee must comply strictly with the conditions stipulated for exercise by the offeror. If not, the acceptance will not be valid although negotiating parties even they have telephone conversation. The Postal Acceptance Rule cannot apply when there are express terms in the offer specifying that acc eptance must reach the offeror. 4. Electronic Transactions Act ETA[6] was enacted by the Federal Government. And it creates a regulatory regime for using electronic communications transactions. It attempts to remove existing legal impediments that may prevent a person using electronic communications to satisfy legal obligations under Commonwealth law. For the purposes of a law of the Commonwealth, ETA provides criteria for determining the time and place of the dispatch and receipt of an electronic communication. The following requirements imposed under a law of the Commonwealth can be met in electronic form (a) Requirement to give information in writing (b) Requirement to provide a signature (c) Requirement to produce a document (d) Requirement to record information (e) Requirement to retain a document (ELECTRONIC TRANSACTIONS BILL 1999[7]) 5. Conclusion 5.1 Rationale of the Postal Acceptance Rule Contract is formed at the time and place an acceptance is communicated to the offeror. Time of acceptance communicated is very important. Because it will affect the contractââ¬â¢s content. After contract established, every terms added in this contract was invalid. The Postal Acceptance Rule is established for the court to determining attempt to provide some degree of certainty to an offeree accepting an offer by post. In case of Dunlop v Higgins[8], the parties can not sure the precise time of acceptance when using postal service. It had a substantial delay in delivery of the acceptance or even totally lost in the course of post. This created a number of problems and has led to a formulation of the rule. Hence the Postal Acceptance Rule would complementary with Contract Acceptance for ensure the precise time of acceptance. 5.2 Effect of the Postal Acceptance Rule The effect of the Postal Acceptance Rule is that the offerees acceptance will be valid when the moment the acceptance is correctly posted and it is not relevant whether the acceptance is delayed or even totally lost in the course of post. It means if the Postal Acceptance Rule is applied, establish contract have two more problem to be consideration ââ¬Å"Timeâ⬠and ââ¬Å"Locationâ⬠. Indeed, the courts have been concerned with locating the place of formation of a contract in the majority of cases which have considered the applicability of the Postal Acceptance Rule. 5.3 The Postal Acceptance Rule in currently applies circumstances Today, the Postal Acceptance Rule in currently applies circumstance is business convenience. It most frequently cited rationalization for retention of the rule. For example, the Company (offeror) sends the promotion letter (offer) to person (offeree) and the person accepts the offer and sends back the acceptance to correctly address. By Postal Acceptance Rule, the contract between company and person was established when the acceptance was posted. If acceptance is complete upon proper posting, this effectively allows the offeree to structure his affairs on the basis. And the binding contract is formed on postage. 5.4 The Postal Acceptance Rule and ETA In instantaneous communication most likely to applied ETA or general rule of ââ¬Å"Acceptanceâ⬠, For example, offeree accept website acceptance or telephone acceptance even though the parties are not in physical proximity of one another. This is no delayed time between the offer and the acceptance. In non-instantaneous communication most likely to applied the Postal Acceptance Rule. This had delayed time between the offer and the acceptance. Postal Acceptance Rule is handle the argued of moment of contract formation and ETA is imposed under a law of the Commonwealth can be met in electronic form. Both of the rule and are they complementary with each other. If technical delay or human error, there are no universal rule can be applied and it is needed to reference to the intentions of both parties. 5.5 Rules used for acceptance sent by Fax and Email We know that there are two types of communication, instantaneous and non-instantaneous. Instantaneous communication is no delay time between sent and received and non-instantaneous communication had delay time between sent and received. Fax is the instantaneous communication. This is because Fax transmits is same as telephone transmits. It is direct transmission from fax machines to other fax machines, transmission between sent and received is in same time. Hence Fax is instantaneous communication it most likely to applied ETA or general rules of ââ¬Å"Acceptanceâ⬠. How about of the Email? Some articles expressed that Email is instantaneous communication. Because the legislation deals a default rule for the time that Email (electronic communications) is sent and when it is received. But this is wrong, in fact according to Email transmits, it along the internet may involve travelling across the world with correctly Email address. Thatââ¬â¢s mean after click ââ¬Å"SENDâ⬠button the transmission may be immediacy, may be takes a moment, sometimes used a few minutes or even over an hours thatââ¬â¢s base on the network connection until the recipient received the message. The e-mail transmission through the network depends completely on the viability of the ISP[9] for the offeree and the offeror. Now we have millions of internet user, delays in e-mail communication is very normal situation. The communication may have delay and they are not sent and when it is received. We can study the case Chwee Kin Keong v Digilandmall.com Pte Ltd[10] in Singapore. Hence Email is non-instantaneous communication it most likely to applied the Postal Acceptance Rule, but Email also under the ETA. 5.6 Keeping Postal Acceptance Rule in part of Australian contract law? It must be ââ¬Å"YESâ⬠, the Postal Acceptance Rule should continue to be applied. In application level, we know that the general acceptance principle depends on whether the method of communication is instantaneous or ââ¬Å"non-instantaneousâ⬠. From the above discussion, Email could be considered as a non-instantaneous communication. Analyze the moment of contract formation is an essential point for the court to apply the Postal Rule of Acceptance in the context for e-mail transmission. As the method of communication is improving, some problem may be created. If the problem is relevant the moment of contract formation and the communication is defend as a non-instantaneous communication. The Postal Acceptance Rule is most likely applied on it, and the concept of the rule is not outdated. Another basic reason for keeping Postal Acceptance Rule is the electronic communication could not fully replaced the postal service. Maybe in laggard or destitute country, the postal service is the only way for the communication. In content level, the Postal Acceptance Rule was not allowed the offeror withdrawal the offer when offeror posted the offer to offeree (Byrne v. Van Tienhoven[11]). If Postal Acceptance Rule was abolished, the offeror choses he can always make the formation of the contract, until he is receive any reply. If the offeror doesnââ¬â¢t receive any reply from the offeree he can always make inquiries to the offeree about the offer. If the contract is not concluded there would be considerable delay in transactions and the acceptor would never be safe until he has received notice that his letter of acceptance had reached its destination[12]. In the Australian legal system which want to make the fair rule to negotiating parties. In case if Postal Acceptance Rule was abolished, the offeree was in unsafe situation. Because there are unfair to the offeree and offeree donââ¬â¢t get any protect by the Australian legal system. Hence the Postal Acceptance Rule should keeping in part of the Australian contract law. BIBLIOGRAPHY: 1. Peter Gillies, ââ¬ËBusiness Law 12th Editionââ¬â¢, 2. David Parker and Gerald Box, Business Law for Business Students 2008 3. Kathryn Oââ¬â¢Shea and Kylie Skeahan (1997) Acceptance of offer by E-Mail How Far Should the Postal Acceptance Rule Extend 4. Australasian Legal Information Institute http://www.austlii.edu.au/ 5. Dave Stott, Australian Law Students Association Should The Postal Acceptance Rule be Applied to E-Mail? 6. Sharon Christensen, Vol 1 No 1 QUTLJJ Formation of Contracts by Email ââ¬â Is it Just the Same as the Post? 7. Electronic Transactions Act 8. Holwell Securities Ltd v Hughes [1974] 1 WLR 155 9. Exclusion of the postal acceptance rule http://www.austlii.edu.au/au/journals/QUTLawJl/1997/18.pdf 10. Exclusion of Postal Acceptance Rule 11. Chwee Kin Keong v Digilandmall.com Pte Ltd ([2005]SGCA 2) 12. Adams v Lindsell (1818) 106 ER 250. 13. Byrne v Van Tienhoven (1880) LR 5 CPD 344 14. Dunlop v Higgins [(1848) 1 H.L.C. 381] 15. Holwell Securities Ltd v Hughes [1974] 1 WLR 155 16. 17. [pic] [1] Adams v Lindsell (1818) 106 ER 250. [2] Household Fire Carriage Accident Insurance Co (Ltd) v Grant (1879) LR ExD 216 [3] Dunlop v Higgins [(1848) 1 H.L.C. 381] [4] Byrne v. Van Tienhoven, [1880] 5 CPD 344 [5] Holwell Securities Ltd v Hughes [1974] 1 WLR 155 [6] Electronic Transactions Act [7] http://www.comlaw.gov.au/Details/C2004B00505/Revised%20Explanatory%20Memorandum/Text [8] Dunlop v Higgins [(1848) 1 H.L.C. 381] [9] Internet Service Provider [10] Chwee Kin Keong v Digilandmall.com Pte Ltd ([2005]SGCA 2) [11] Byrne v. Van Tienhoven, [1880] 5 CPD 344 [12] Kathryn Oââ¬â¢Shea and Kylie Skeahan (1997) Acceptance of offer by E-Mail How Far Should the Postal Acceptance Rule Extend
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