Monday, December 30, 2019
Bilbo Baggins an Unexpected Hero - 984 Words
Bilbo Baggins; An Unexpected Hero Bilbo Baggins, an unadventureous hobbit, is not an iconic symbol of bravery, but he remains a literary hero for his bravery, perseverence and integrity. Only a hero could riddle a dragon, slaughter a spider, and yet spare the life of a small, ugly creature who has threatened to eat him. Such is the legacy of Bilbo Baggins, a mere hobbit, whose Tookish blood got the better of him. Often, when heros are mentioned, Hercules is a name that is thought of; Alas, Bilbo and this hero are not that dissimilar. For instance, Hercules is very cunning, tricking atlas, god of the skies to hold the atmosphere for another 1000 years. Not only is Bilbo cunning, being able to solve all of Golem’s riddles, but he is†¦show more content†¦Golem and Bilbo battle it out with riddles, and Bilbo finally stumps him as to what is in his pocket. Golem still pursues him when he realizes Bilbo had obtained his â€Å"birthday present†. But, Bilbo slips on the ring and manages to evade him. A lthough killing the creature was tempting, Bilbo feels, â€Å"A sudden understanding, a pity mixed with horror, welled up in Bilbo’s heart.†(87) He realizes it’s not a fair fight. The difference between Bilbo and a hero who kills without second thought, is that Bilbo has enough feeling in his heart to know when it’s not worth it. Not only is Bilbo kind, but he has perserverence to be envied. Facing a nearly invincible dragon is not the easiest job in the world, and Bilbo was the one who was hired. Not only was itdifficult, it was what Bilbo feared most. (I need a good quote to put here.This has to be filled and the importance needs to be added). Heros are not always tall, blonde and muscular. Sometimes they can be found deep in a hole eating their second or third breakfast. It’s how they become heroes. As Peter S. Beagle said once, â€Å"Heroes know that things must happen when it is time for them to happen. A quest may not simply be abandoned; unicorns may go unrescued for a long time, but not forever; a happy ending cannot come in the middle of theShow MoreRelatedSummary Of Bilbo The Unexpected Hero 1339 Words  | 6 PagesJessica Crumm Crumm2 Mrs Hooper Period 8 April 16th, 2015 Bilbo, the Unexpected Hero J.R.R. Tolkien is best knowing for his work in the series â€Å"Lord of the Rings†, which is held to be one of the best told modern day folklore. It consists of a world inhabited by mythical and supernatural beings. In his book â€Å"The Hobbit†, which is also taken place in this world, we meet our unlikely hero Bilbo Baggins. Hobbits are known not to be very adventurous. They live in comfort and do whatRead MoreThe Tolkien s The Hobbit930 Words  | 4 PagesJ. R. R. Tolkien s novel The Hobbit is one of a kind. The novel revolves around the protagonist Bilbo Baggins and his journey not only of recovering the treasure from Smaug, but his journey becoming a hero. Through the main character Bilbo Baggins Tolkien changed my perspective on what a mythic hero is suppose to be. When the term â€Å"mythic hero†is brought up I visualize someone that is a stouthearted a warrior namely Achilles or Odysseus to be exact not a hobbit. A little friendly, good-naturedRead M oreAnalysis Of Bilbo Baggins s The Hobbit 1635 Words  | 7 PagesBilbo Baggins, an ordinary hobbit from the shire, is nothing less than a hero. He is willing to help others no matter what and even follows Joseph Campbell’s hero’s journey almost perfectly. He may have shown reluctance at first, but it is later in The Hobbit that his courage and heroism truly shines. He’s an unexpected hero on an unexpected journey, but that makes him no less of a hero. The first thing that must be done when gauging Bilbo’s heroism is to understand what a hero really is. Many peopleRead MoreThe Tolkien s The Hobbit1246 Words  | 5 PagesThe events associated with J.R.R Tolkien’s book The Hobbit resembles a hero’s quest journey, step by step until the final stage. Bilbo Baggins is the main character in this book and his life sonorously fits into in a typical hero quest journey. The three primary components of Bilbo’s quest are, the call to adventure, tests, allies and enemies, and the reward. In the book The Hobbit, Bilbo’s life is very plain and simple until he embarks on a marvelous journey with thirteen dwarfs and the wizard GandalfRead MoreThe Hobbit, By. R Tolkien1519 Words  | 7 Pagessaid, â€Å"A hero ventures forth from the world of the common day into a region of supernatural wonder: fabulous forces are there encountered and a decisive victory is won: the hero comes back from the mysterious adven ture with the power to bestow boons on his fellow man.†A hero is willing to take a journey to accomplish something through hard work and determination, no matter how difficult the challenges are. In the critically acclaimed novel, The Hobbit, by J.R.R Tolkien, the protagonist, Bilbo BagginsRead MoreAnalysis Of The Book The Hobbit 1136 Words  | 5 Pagesthe great modern classic, The Hobbit, Bilbo Baggins, Wizard Gandalf, and a company of rambunctious dwarves go on an extraordinary adventure. On this unexpected journey, they have launched a plot to raid the treasure hoard guarded by Smaug. The novel’s central conflict has to deal with Bilbo struggle with his adventurous, brave inner-self. 2. The leading character in the novel is Bilbo Baggins; the protagonist risks his status in his community. The Baggins are considered by the people of BagRead MoreThe Development of the Character of Bilbo Baggins1605 Words  | 7 Pagescharacter. J.R.R. Tolkien portrayed the main character of The Hobbit, Bilbo Baggins, as a child on his trip into adulthood. Throughout The Hobbit, Bilbo Baggins, the protagonist, changes from a childlike hobbit to a fully matured hero. J.R.R. Tolkien divides the change in Bilbos character into the three major part of the book, prior to the quest, during the quest, and after the quest. Prior to the quest, Bilbo Baggins was a conservative, respectable and stubborn hobbit who lead a rich andRead MoreBilbo Baggins as a Hero916 Words  | 4 PagesBilbo Baggins as a Hero What is this character we call a â€Å"hero†? A hero is being of abundant power, defiance, and intrepidity that conquer evil despite of impregnable obstacle to rescue the breath of inculpable lives that cannot defend for themselves. However, â€Å"hero†gives an exclusively altered significance in J.R.R Tolkien’s fictional tale The Hobbit, as our hero is a selfish, lazy hobbit named Bilbo Baggins. Conflicting to our meaning of a hero, Mr. Baggins’ life and stability isn’t evaluatedRead MoreThe Unexpected Epic Of Bilbo Baggins s The Odyssey 1297 Words  | 6 PagesBritish Literature October 15, 2015 Period 2 Bilbo Baggins: The Unexpected Epic Hero Praised for his or her brave deeds and noble qualities, a hero has distinguished courage and ability. An epic hero is a unique type of hero who is often depicted in an epic poem. Homer initiated the concept of an epic hero in the person of Odysseus in the epic poem The Odyssey. Through his works and other author s works, the traits of an epic hero emerge. An epic hero embodies certain traits or characteristics;Read MoreThe Unexpected Epic Of Bilbo Baggins s The Hobbit 1139 Words  | 5 PagesBilbo Baggins: The Unexpected Epic Hero A heroic protagonist is usually a novel’s most attractive feature. J.R.R. Tolkien’s The Hobbit is a classic unexpected hero narrative about a reluctant protagonist who develops along the sides of various extroverted characters on a captivating journey, to become an epic hero. Bilbo only becomes an epic hero after going on an unpredictable journey to the Mountain. With his introverted and reserved persona fading away and his heroic qualities developing
Saturday, December 21, 2019
Book Review Kill A Mockingbird - 1668 Words
Courtney Roeder Professor Carmel Classics of the 20th Century 1 June 2015 To â€Å"Kill a Mockingbird†was written during the 1930s which was a very rough time for American history the country was going through turmoil of the Great Depression which had a huge impact on how people reacted towards each other. The novel is about memories that Scout has about her past and then she relays her memories to us. This story being told through her gives us a viewpoint from innocents. In the story a black man named Tom Robinson is being accused of a crime that he clearly did not do. Though we know he did not do it he was brought to trial because he was black and the people were too scared to side with him because of his race and were worried about what others would think about them. It seemed like no matter what he was in situation that he would not be able to win against. Luckily for him he had Atticus was on his side to help prove that he was not guilty. This story reflects on the discrimination of blacks, the social class and women’s righ ts. We get to see the story unfold through the eyes of a young innocent girl named Scout. The 1930s was a time of discrimination against the African Americans, the lower class, and women. The blacks were harassed and taunted by the white people no matter the age or gender. During the 1930s the Klu Klux Klan was started and was made up of white extremist who did whatever they could to taunt and degrade the black race. Along with the extremist some ofShow MoreRelatedBook Review : Harper Kill A Mockingbird 3913 Words  | 16 PagesCheyenne Clough Mrs.Snipes English 4 H Per. 7 1 June 2015 To Kill A Mockingbird Study Guide Chapter 1-3 : (Character Chart) Jean (Scout) Louise is telling the story from a child’s perspective and helping learning how to be a proper young lady and understand what will happen later in the future. The story took place during the Great Depression in a fictional old town, Maycomb, ALabama. The kids met Dill in Maycomb when he comes and visits his Aunt Rachel, which happens to be their neighbor only duringRead MoreKill A Mockingbird By Harper Lee1577 Words  | 7 Pages To Kill a Mockingbird: To Kill a Mockingbird revolves around the time period of the 1930’s in the Southern part of the United States. The protagonist of this story is Scout, a tomboy, who narrates the story from her perspective when she is older. (She was part of this story herself from ages 6-9). The first many chapters of the book is about Scout’s life in school, and how she grows up in her neighborhood streets. She spends her days with her father, Atticus Finch. The main topic and climax ofRead MoreTheme Of To Kill A Mockingbird1699 Words  | 7 Pages The Pureness of Mockingbirds In 1960, Harper Lee published one of the most controversial books of our time. To kill a mockingbird contains three debatable themes; racism, good and evil, and morals. Harper Lee uses three children and rape trial to portray these topics. These themes are present throughout the story of a small Alabama town divided over a rape trial including an African American man and a young white girl. Lee’s novel is still disputed over to this day. One of the book’s centralRead MoreAnalysis Of Kill A Mockingbird, By George W. Bush1376 Words  | 6 PagesTo Kill a Mockingbird is still relevant today To Kill a Mockingbird is a common household name. It’s one of the most famous pieces of literature. George W. Bush says To Kill a Mockingbird is â€Å"a meditation on family, human complexity and some of the great themes of American life. At a critical moment in our history, Mockingbird helped focus the nation on the turbulent struggle for equality.†(Wayne, pg. 1) President Bush couldn’t have been more right, To Kill a Mockingbird is a timeless classic,Read MoreTo Kill A Mockingbird Racism Analysis1348 Words  | 6 PagesHarper Lee wrote, â€Å"To Kill a Mockingbird†during a racial period in her home state of Alabama. This was when the South was still segregated, forcing blacks to use separate facilities apart from those used by whites. The Civil Rights movement started to become more active when Rosa Parks refused to give up her seat on a bus in Montgomery, Alabama, in 1955. During this period, Martin Luther King, Jr., became the leader of the movem ent, and the issue began to gain serious national attention. This isRead MoreTo Kill A Mockingbird Critical Analysis1476 Words  | 6 PagesTo Kill a Mockingbird is a popular literary title. It’s one of the most famous pieces of literature. George W. Bush says that the book is â€Å"a meditation on family, human complexity, and some of the great themes of American life. At a critical moment in our history, Mockingbird helped focus the nation on the turbulent struggle for equality.†(Wayne, pg. 1) President Bush could not have been more right, To Kill a Mockingbird is a timeless classic, with themes that are still relevant in today’s worldRead MoreWhat Makes a Classic?1074 Words  | 5 Pagesâ€Å"Classic†is a term used to describe many things, such as a defining moment or a memorable book. When a book is described as a classic, it persuades new readers to discover why it is so memorable to those who have read it before them. Harper Lee’s To Kill a Mockingbird, published in 1960, is a common example of a literary classic, studied in classrooms all over the world today. Peace Like a River is a newer novel by Leif Enger, one that may very well become a classic in the future. It is an immenselyRead MoreKill A Mocking Bird By Harper Lee Essay1581 Words  | 7 PagesTo Kill a Mocking Bird is a written narrative by Harper Lee. The story is a linked sequence of conflict as seen through the eyes of a little girl named Scout. It looks back at a time when social injustice of prejudice was prevalent. The story if full of interesting characters, some good and some bad, but each very important to the plot of the story. It is very important to understand each of character’s views and the plot of the story as it plays an important role in the overall theme of the storyRead MoreTo Kill a Mockingbird1286 Words  | 6 PagesTo Kill A Mockingbird Essay Reading broadens our minds and touches our hearts. It creates greater understanding and compassion in the reader through its characters and themes. Write an essay that addresses the ideas expressed in this statement with reference to your class novel. â€Å"You never really understand a person, until you climb into his skin and walk around in it.†With over 30 million copies sold worldwide and claiming title to the prestigious Pulitzer Prize, â€Å"To Kill a Mockingbird†isRead MoreCourage Against Social Prejudice898 Words  | 4 Pagespeople were considered unequal compared to white people resulting in mistreatment and abuse. Harper Lee, the author of To Kill a Mockingbird, displays her opinion about social inequality through a variety of different characters who exhibit courage through everyday life. In Lee’s novel, one character, Mrs. Maudie who is a friend to Jem and Scout explains the meaning of a mockingbird as the following: â€Å"they don’t do one thing but sing their hearts out for us†(Lee, 1960, p.90). These characters, such
Friday, December 13, 2019
Project resource management Free Essays
Project resource management a)     Direct costs are the costs that are directly attributed to the cost of an activity. They are directly involved in the performance of such an activity. They include direct material purchases, direct labour cost and other direct costs, which can be attributed to a certain activity/ a process. We will write a custom essay sample on Project resource management or any similar topic only for you Order Now Here, the direct cost includes, the cost of software, the cost of direct labour, force and other direct labour costs made on this project. Direct material purchases Cost of software $670000 Cost of 6 servers@ 3250 each is $19500 Cost of backup software at $4500 each is $27000 Direct labour (at $ 54 per labour hour) 2 programmers each 40 hours is $4320 1 database manager for 60 hours is $3240 2 project analysts for 250 hours is $27000 1 operations analysts for 20 hours is $1080 1 interface manager for 20 hours is #1080 1 networking analysts for 50 hours is $2700 Total of direct project cost is $(670000+ 19500+ 27000+4320+3240+27000+1080+1080+2700) General administration costs are the cost whose expenditure cannot be directly attributed to a specific activity. However, for this project, all expenses/ costs are manifested to be direct/ exclusively affiliated to the project hence they have not been featured in this project b)     Time phased budget is plan of action, which shows various components of activities in an organizational project in relation to the various cost components. This can be illustrated as Activity                                      Cost Cost of software                           603000 Maintenance of software              67000 Serves                                            19500 Backup software                            27000 Programmers                                  4320 Database manager                           3240 Project analysis                              27000 Operation analysts                          1080 Interface                                          1080 Networking                                     2700 Total                                                755920 c)       In determining this budget, the team had to use various sets of data. Firstly, the importance of market cost of software inputs was considered. In all cases, it’s important for an organization to estimate a budget using the actual cost of a product or a service. This will help to have an overview of the appropriate cost of these products or activities. Either, the financial outlay is an equally important variable to consider when approximating a budget. For the team, importance was therefore attached to the financial constraint, which could be used to finance the  project. Budgets are limited to a specific cost variable. Therefore, a person should always ensure that he works out his budget within the limits of this financial constraint. (Hanniqan, Browne, 2000) d)        The accuracy of these estimates was influenced by many factors. Broadly, a number of risks can act to influence the accuracy of a budget. Firstly, market risks and uncertainties will act effect to a budget. At the market, are various sets of risks and uncertainties whose influence can highly affect the actual state of a budget estimate. These markets are such as the product, labour, and money markets. Within the product market are the various risks that work to bring disequilibria in the supply and demand of the goods and services. These changes are normally in abrupt/ incidental in their occurrence. With such market instabilities, the equilibrium state of the supply and demand is consequently affected. Previously, the stable interactive forces of the demand and supply help to determine the equilibrium quantities and prices. With the resulting trends of instabilities, such budget approximates (prices) will be destabilized which results into a varyin g state of the budgeted from the actual price of goods. The equilibrium state of the money market works to determine the stability in supply and demand for money. However, in case of instability within the economy, this equilibrium is affected resulting into a changing scale of the money supply and demand. Such a case will determine various states of a countries currency purchasing power (inflation and deflation).            For this budget therefore, its accuracy could be highly affected by the changing states of the money market (the effects of money supply and  demand on its purchasing power) An important factor within the project cost is labour. Labour supply and demand is a factor of consideration in approximating the budget. The price of labour can be affected by the changing states of the market supply and demand for labour. Such changes will affect the pay (wages) for labour within an organization. For this budget, the forces within the market could otherwise influence the labour cost. (Badiru, 1993) The priority concept could be of a high influence on the accuracy of the budget. Depending on teams understanding on the priority concept of various cost elements, accuracy would have been compromised in a case where the cost variable was entered in a biased manner. Some cost factors could have been assumed more important than others, which would not be the case. Different political risk variables affect the cost factors of budgets. This is where, various political shocks may act to affect the state in which various cost results of the market system would be. These are examples of the various government and political regulations that affect the costing system of various commodities and services. Different political risks also affect the purchasing power of the countries currency. The purchasing power of such a currency is an important factor in determining the accuracy of a budget. Since budget is a plan of expenditure for a certain amount of money, the allocation is however vulnerable to changes depending on the changing prices of the requirements of the budget. The approximate level of risk premiums and allowances allocated by the budget. For accuracy in budget, a risk premium is allowed that helps to capture any external shocks that would therefore affect the actual state of the budget. However, this depends on the interest of the budg eter with varying premiums levels for such different budgets. For each premium, the final accuracy is different in regard to how such premiums would be able to capture these external shocks. E) Before engagement into a budget exercise, the micro and macro factors should be considered. This is in the relevance of the issues that the project would have an influence at both within and outside environment. To this team, this concept application was not an exception. Within its micro approach, the team observed the influence of the project budget in relation to the external environment. It considered the various components that were to be related between the project and the entire national outlook as a whole. Since this is a hospital project, the broader community within the state will use it. The intensity of the project is depended on the scale of the service to be given as output by it. The scale of the project is been done in the recognition of the users to be served by the same. The material cost, the quality and intensity have also been subject to consideration in setting the budget. To the micro-level importance has therefore been importance in determining this project. The micro-level consideration has been through an analysis of the factors (in terms of facilities and resources) working within the hospital that depended of profit. Due to the variety of the resource factors, a specific size of a software project could only have been hoisted by the hospital facilities. With this aspect in mind, the project budgeting and evaluation has therefore been done with the hospital’s resource variable adequately in mind. The intensity of the facility affiliated to the project is in congruent to the holding capacity of the resources. This has been the team’s view of optimal resource allocations for most optimal benefits. With this concept therefore, the team budgeted the project with an understanding of the relative benefits that would come as service output of the project in relation to the resources. Lack of optimal costing would lead to lower service outpu t of the project in relation to the cost input. (Martin, 2002) Lack of optimal costing would lead to lower service benefits given out by the project. Either, resources include the holding capacity of the hospital facilities. Importance has also attached to the purchase of project inputs that would adequately lead to a maximum output, efficiency, quality and fast data processing by the software project. f) Within the project were a number of constraints that were highly affecting its efficiency. Basically, the constraints fall both within macro and micro level of the project. Firstly, the hospitals resources constraint was all an important constraint of consideration. The team understood that any un-optimal allocation of the project that would not concur with the project resource capacity was costly. This was the firstly consideration within the teams budget schedule for the project. In its understanding therefore, it felt that any un-optimal project expenditure was highly risk for its future benefits. Considering this however, the allocations were done in accordance to the prevailing resource situation of the hospital. Either, financial constraint fetched an important factor in consideration to the cost expenditure for the project. On recognizing the limited supply of the finance for the budget, the allocation were done on priority manner, with the most important cost factor been employed. Sourcing of material and other projects costs were budgeted in correspondence to the most economical purchasing costs for these variables. Costing is done on the cheapest scale possible through the most quality manner. With the impact of both the market and political risks factors as constraints in consideration, the team could not compromise on their priority. To the team, these risks played an important role in determining the accuracy of the budget plan. It therefore employed various risk premiums and allowances as a variable to capture the external shocks that could be on influence to the structure of the budget. Within their budget scheme therefore, a miscellaneous cost variable could not have been left out whose importance was to cater for any changes in the exact cost perimeter of project cost. References: Hanninqan, C Browne, M (2000) Project Management : Going the Distance.                                International Journal of Instructional Media, Vol.27 Badiru,A(1993) Qualitative Models For Project Planning, Scheduling and                 Control.Westport,CT: Quorum Books. Martin (2002) Managing Projects in Health and Social Care. London: Routledge. How to cite Project resource management, Essay examples
Thursday, December 5, 2019
Fundamentals of Law free essay sample
We talked some time ago about your buying some of my dental equipment when I retire from my practice at the end of this month. I am prepared to let you have everything for RM15,000. Let me know fairly quickly if you’re interested because I’ve already had a very good offer from one of my colleagues. Your affectionate uncle Arnold Fiona is keen to take advantage of her uncle’s offer but is unsure whether she can raise such a large amount of money by the end of September. She phones her uncle to find out whether she can have until after Christmas to pay. He uncle is away at a conference and so Fiona leaves a message with his secretary. Two weeks pass by and, as Fiona has not heard from her uncle, she arranges a loan with her bank. On 28 September she writes to her uncle accepting his offer and enclosing a cheque for RM15,000. On 30 September, her uncle phones to say that he has already sold the equipment to someone else. Advise Fiona. (50 marks) Question 2 Critically discuss the doctrine of judicial precedent of the Malaysian legal system with the current role. (50 marks) 1. Introduction According to the case study, where Fiona, a newly qualified dentist, receives a letter from her uncle on the 13th September saying that he is prepared to let Fiona have all of his dental equipment for RM15,000. He told Fiona to reply him quickly as there is another offer from his colleague. After knowing this, Fiona wants to accept her uncle’s offer but wasn’t sure if she could raise enough money by the end of September. She then called her uncle to make a counter offer by asking if she could pay after Christmas. However, as her uncle was away at a conference, he couldn’t answer the call and the Fiona leaves a message with his secretary. After two weeks, Fiona has not heard about her uncle, she then arranges a loan with her bank and on 28th September, she wrote to her uncle accepting his offer together enclosing cheques of RM15, 000. Nevertheless, he uncle replied her by phone saying that he has already sold the equipment to someone else. 1. 2 Offer An offer is an expression of a willingness to contract on certain terms made with the intention that a binding agreement will exist once the offer is accepted. According to Contracts Act 1950, an agreement can be made between 2 or more parties, there must be expression of willingness to enter into a contract, offer must be made with a legal intention that it shall be binding and legally enforceable by law. Based on section 2 (c) of Contracts Act 1950, the person who made the offer is caller and â€Å"offeror†while the person who accepts the offer is called the â€Å"offeree†. From the case study above the offeror is the Fiona’s uncle while the offeree is Fiona. There are 2 types of offer which is first the unilateral. In an unilateral offer, there is only one party that makes promise in the contract and the offeree accepts the offer by performing a certain action. It is usually where the offeror made an offer to the world in whole through an advertisement and the once the act is performed the offeree will be considered as accepted by the offeree such as the case of Carlill v Carbolic Smoke Ball Company [1893]. According to this case, The Carbolic Smoke Ball Company made a product called a smoke ball that it claimed could protect the user from getting influenza or flu. The Company published advertisements claiming that it would pay ? 00 to anyone who still got sick with influenza after using its product.. The company even deposited ? 1000 with the Bank, to show their genuine intention in the matter. On the other side, Mrs Carlill bought one of the balls and used it in the manner specified, yet still managed to get influenza. When she asked for the reward the Carbolic Company claimed that there was no enforceable contract between it and the user of the smoke ball on the grounds that there was no acceptance of the offer, because Mrs Carlill had never notified the Company that she accepted its offer, nor furnished any consideration. The court held that in unilateral offers, the advertisement is an offer which was accepted by Mrs Carlill. The courts also looked at the parties intention, such as the fact that 1000 pounds were deposited in the Bank showed a genuine intention to create a legal relationship. There was consideration furnished by Mrs Carlill when she purchased the smoke balls. Hence there was a binding contract. The second type of offer is bilateral which is an agreement in which both parties make a promise or promises to the other party. For example A offers to sell his motorcycle to B for RM2500 . B accepts the offer by promising to pay A. Offer can be made by using 2 methods which according to section 9 Contracts Act 1950 are by expressly such as in writing and impliedly such as by conduct or orally. On the other hand, invitation to treat  is an action by one party which may appear to be a contractual offer but which is actually inviting others to make an offer of their own. Invitation to treat can be made in many form such as by advertisement (Harris v Nikerson [1873]), catalogues, price lists (Grainger amp; Sons v Gough [1895]), goods displayed in shop windows and shelves (Fisher v Bell [1961]), auctions (Barry v Hearhcote Ball amp; Co. Ltd [2001] ), ticket cases (Chapelton v Barry UDC [1940]), and tenders (Spencer v Harding [1870]). Based on the situation above, Fiona’s uncle has made an offer with Fiona. Her uncle wrote a letter on 13th September to Fiona, if she agree with his offer by having his dental equipment for RM15,000. The types of offer used by uncle is bilateral. This is an offer and not an invitation to treat because the uncle communicated to the offeree by expressly which is by writing a letter to Fiona ( formal writing), and Fiona’s uncle also has an legal intention or willingness to make an offer and contract with Fiona. Besides that the offer does not appear to be a contractual offer but which is actually inviting others to make an offer of their own whereby uncle sent a letter and expects for Fiona to either accept or rejects the offer not by making an offer to the uncle. 1. 3 Counter offer Later on, Fiona eagerly wanted to take advantage of her uncle’s offer but she is not sure if she can collect RM15,000 by September thus she called her uncle to find out whether she can have until after Christmas to pay. Here Fiona is trying to make a counter offer with her uncle. According to this situation there are few reasons that cause Fiona can sue her uncle and also can claim any compensation. Based on the situation, Fiona unsure whether she can get such large amount of money in the end of September, so she call her uncle ask about whether she can pay after Christmas. This shows Fiona is trying to ask for another offer, which is to pay after Christmas. This is consider second offer and it’s called counter offer. As counter offer usually kills the original offer then the uncle offer which is to pay by the end of September will be terminated as well. As an example of case study is the Hyde v Wrench (1840) whereby the facts of the case goes Wrench (D) offered to sell his estate to Hyde for 1,200 pounds and Hyde (P) declined. Wrench then made a final offer to sell the farm for 1,000 pounds. Hyde in turn offered to purchase the property for 950 pounds and Wrench replied that he would consider the offer and give an answer within approximately two weeks. Wrench then ultimately rejected the offer and the plaintiff immediately replied that he accepted Wrench’s earlier offer to sell the real estate for 1,000 pounds. Wrench refused and Hyde sued for breach of contract and sought specific performance, contending that Wench’s offer had not been withdrawn prior to acceptance. This is almost similar to Fiona’s case because Fiona also want to change the date as like how Hyde counter offer the price with Wrench. As the court held, there was no contract, thus the defendant’s original offer has been revoked by the plaintiff’s counter offer. The original offer had therefore ceased to exist and could not later be accepted. In this case of Fiona and her uncle, her counter offer has killed the uncles offer and there is no contract therefore 1. 4 Option contract Continuing the case study, when Fionas uncle her told Fiona to reply him quickly as there is another offer from his colleague he did not give any option. Option is when the offeror undertakes to keep an offer open for a certain period of time. Besides that, the offeree also does not provide a consideration for the benefit of being given the exclusive right to accept for a certain period such as in money form or others. Based on the case study, the uncle just mention the time he will retired which is at the end of September and means that Fiona should give him an answer before September ends. What he did also mention was asking Fiona to reply him as soon as possible as there is already an another offer from his colleagues. There is a option for uncle to sell the goods to others or keeping for Fiona until she agrees because, Fiona did not give him any form of benefit to uncle such as deposit or something. 1. 5 Acceptance From the situation state in the question, we can apply the basic principles of acceptance. Base on the principal, there are few element for a valid acceptance. The first is according to the Contract Act 1950 section 7 state that acceptance of proposal must be absolute and unqualified. If parties still in negotiation stage the agreement is not yet formed. Second is acceptance must be make in a reasonable time which depend on the circumstance of case. The third is acceptance must be expressed in usual and reasonable manner, unless offeror prescribes the manner in which it is to be accepted. The last is acceptance must be communicated and communication is effective only if made by an authorised person. There are two types of communication methods. There are instantaneous and non- instantaneous. The instantaneous means message can be delivered immediately such as face to face, phone call and so on. Non-instantaneous method means message can’t be received immediately such as letter e-mail and so on. According to the situation in the question, Fiona can sue the Uncle because the acceptance made by Fiona is acceptable. According to the case study uncle has mention that he will retire from his practice at the end of September. Again, Fiona writes to her uncle for accepting his offer on 29 September. The Acceptance make by the Fiona is valid because she already reply the uncle offer before the due date that mention by uncle. 1. 6 Postal Rule In addition, if the offerer is give offer by using post the offeree can accept the offer by using post too. This is considering as a correct way of acceptance. Based on the case study, the uncle is using letter as a manner to give offer to Fiona and the Fiona is also using letter to reply her uncle, therefore the acceptance make by Fiona is in a correct manner. Moreover, Fiona has already post her letter to uncle on 28 September, the acceptance already effective on that time. It is because according to the general principal of postal rules, it states that if the post is the agreed form of communication between the parties and the letter of acceptance is correctly addressed and carries the right postage stamp. The acceptance then becomes effective when the letter is posted. Only postal acceptance produces an instantaneous legal effect but the postal offer or revocation is effective only on receipt. Here is the case that applies for this situation. Adams v Lindsell (1818), the defendant wrote to the claimant offering to sell them some wool and asking for a reply in the course of post. The letter was delayed in the post. On receiving the letter the claimant posted a letter of acceptance the same day. However, due to the delay the defendants had assumed the claimant was not interested in the wool and sold it on to a third party. The claimant sued for breach of contract. The court held that there was a valid contract which came in to existence the moment the letter of acceptance was placed in the post box. In conclusion, Fiona has replied her uncle before the due date with the correct manner; therefore uncle shouldn’t sell the equipment to other. Fiona can ask the money which has been enclosed in the letter and compensation from uncle. Question 2: Critically discuss the doctrine of judicial precedent of the Malaysia legal system with the current role. 2. 1 What is Judicial Precedent? Judicial precedent is known as judicial decisions. It can be found in Malaysia law and fall under the category of unwritten law. Judicial precedent is commonly known as judgments that made by judges and followed the doctrine of binding precedents. Precedents are basically decisions made by judges previously in similar situations. A judicial precedent is a decision of the court that used as a source to refer on for further decision making. This is known as stare decisis (stand upon decisions) and by which precedents are authoritative and binding must be followed. Precedent is basically a judgment or decision of a court of law cited as an authority for the legal principle embodied in its decision. Precedent may comprise res judicata, ratio decidendi and obiter dictum. In order for the doctrine of judicial precedent to work, judges must be able to determine what a point of law is. While delivering a judgment, it is necessary for the judges to state the reasons why they will come out with such decisions. The reasons which are necessary for them to reach their decision amount to ratio decidendi fo the case. The ratio decidendi forms the legal principle which is a binding precedent. Binding precedent means the decision made must be followed in future cases that containing the same material facts. It is important for the judges to know that ratio decidendi must be separated from obiter dicta. An obiter dictum is referring to things that stated in the course of a judgment that are not necessary for the decisions. 2. 2 Hierarchy of Precedents Malaysia has a unified judicial system, and all courts take cognizance of both federal and state laws. The legal system is founded on British common law. Most cases come before magistrates and sessions courts. Religious courts decide questions of Islamic law and custom. The Malaysia legal system actually had a great influence by English legal system so Malaysian Court system also greatly influenced by the English Court System. Malaysian court system is divided into Superior Courts and Subordinate Courts. Superior Courts are known as higher level of courts while Subordinate Courts is the lower level of courts. Superior Courts in Malaysia consist of Federal Court, Court of Appeal, High Court Peninsular Malaysia and High Court Sabah and Sarawak. While Subordinate Courts of Malaysia consists of Syariah Court, Native Court, Session Court, Juvenile Court, Magistrates Court and Penghulu’s Court. The lowest level of the Subordinate Courts is the Penghulu’s Court, it presided over by a headman who appointed by the State government for the district. The hierarchy of Malaysian Courts System plays an important role in running the system of precedents. General rule that regulate the hierarchy of precedents is actually based on the principles that decisions of higher courts bind lower courts and some of the courts are bound by their own decision. It is important for the judges to know the hierarchy system that practices in Malaysian legal system. As mentioned earlier, lower courts will need to follow the judgments that made by higher courts in earlier stage. 2. 3 Limitations and Types of Judicial Precedent In Malaysian legal system, not every cases judges will follow or apply earlier precedents. Judges may not wish to apply precedents in some of the circumstances. First of all, when the precedent is laid down by a lower court, where the case is on appeal; judges will not apply precedents for that case. Besides that, judges will not apply precedents when they found the earlier precedent’s point of law is not correct. Last but not least, precedent is not applicable when there are material differences between the previous case and the case laying down the precedent. There are several types of precedents which are original precedent, declaratory precedent, binding precedent and persuasive precedent. Original precedent refers the case that goes to the court for the very first time and the judgment made by judges is known as original precedent. Declaratory precedent is the judgments of a case that actually followed the precedent that made by previous case. While binding precedent is actually referred to a precedent which from an earlier case and it must be followed even the judges do not agree with the legal reasoning. Binding precedent is only created when the facts of the second case are sufficiently similar to the original case and the decisions were made by a higher court. As for persuasive precedent, it is refer to no binding on the court. A judge may consider persuasive precedent and decide that it is the correct principal to follow. On other words, a judge is persuaded that he should follow the precedent. That precedent can come from courts in lower hierarchy. 2. 4 Advantages and Disadvantages of Judicial Precedent There are several advantages and disadvantages can be found in judicial precedent. The first advantage of judicial precedent is the certainty. It helps to provide certainty in law. It can be assumed that cases similar to each other are treated alike. Certainty can be the disadvantage of judicial precedent too. This can be said so if similar cases are treated exactly then the legal system will become very rigid. It can bring the meaning that, if a unfair or bad decisions had done in previous case and it will last for a longer period of time before it is changed. Another advantage of judicial precedent is it promotes consistency and coherence. Judicial precedent is following the decisions or judgments that made by previous cases, so when the same case goes in to the court, the criminal will has a brief idea that what kind of judgments he will get and the judgments are transparently clear. Judicial precedent will be able to lead an orderly development of the law. As law can be change due to the society changes and it will be the duty for the judges to figure out a way to change the law. For example, criminal that steal chicken from neighbor will get a judgment of imprisonment for 3months and criminal who robbed a bank will get a judgment of imprisonment for 3months too. In this situation, it is clearly shown that the judgment is unfair, so it will be the duty for the judges to find way to change the law. In addition, judicial precedent brings uniformity in the law. Similar cases that come in to the court will be treated in the same way. This will give the legal system a sense of justice and make the system more acceptable for the public. Moreover, judicial precedent is flexible. There is several ways to avoid precedents and this enable the legal system to change and adapt into new situations. Last but not least, judicial precedent is very practical and this will be one of it advantages. It can be say so as judicial precedent is look into real cases and facts and it is different from the legislation. Since there are advantages of judicial precedent, there also will be disadvantages for it as well. As mentioned earlier, certainty is one of the disadvantages for judicial precedent. Another disadvantage of judicial precedent is difficulties can arise while deciding what the ratio decidendi is. As sometime, there will be several ratio decidendi in it. Furthermore, judicial precedent will lead to slowness in growth for legal system. It can be say so as the law growing process will be slow down. If no cases come in to that area, judges are not allowed to make law for that area. All they can do is wait for the case to come into that area then only they can make the law. In addition, sometimes judges may found that judicial precedent contains some illogical judgments. When the judgment is illogical, it will leave to the judges to decide whether to change the law or follow the precedents. Sometimes, judicial precedent can be very complex and bulky. This is due to the reason that there are a lot of similar cases with plenty of decisions. It will be very difficult for the judges to make their decision whether which to choose and follow. Another disadvantage of judicial precedent is it can be very time consuming. As judges have to looks into all similar cases to find the most similar case with the facts of case and the points of law are sufficiently similar. Lastly, judges have to know the hierarchy of the court when they want to apply judicial precedent. As in judicial precedent, lower courts must follow the precedents that make by higher court and are not allowed to follow the precedents that made by lower courts. Both of the advantages and disadvantages of judicial precedent play an important role for the growth of law legal system and also justice to the society. Some changes can be done due to the changes of time and society. The changes will help the society able to accept judicial precedent better. 2. 5 Contributions of Judicial Precedent Nevertheless, judicial precedent actually contributes to the growth of Malaysian legal system and it acts guidance for Malaysian legal system. With the aids of judicial precedent, the judges will able to know what kind of judgments should be make for what kind of cases. This will be able to avoid illogical and unfair judgments towards the criminal. Besides that, judicial precedent helps to avoid biasness in the legal system. When there is a precedent to follow, judges are not allowed to have biasness towards any of the criminals. This will help to prevent the happened of biasness from judges towards criminal and cause the unfair jurisdiction occur. Malaysia legal system is practicing dual system. With the existence of judicial precedent, it allows Malaysia legal system to be more lively and practical. As if judgments are done by following Book of Statutes all the time will makes the law legal system becomes very dull. Besides that, judicial precedent allows judges to change the law when there is a society changes and judges really think the previous precedent is illogical to follow. This will enable the changes of law from time to time for better sake. Moreover, judicial precedent actually allowed the faster growth of Malaysian legal system. When the same cases keep come in to the court from time to time, the judges may start to consider what actually cause the same cases to happen again and again. The judges may decide to come out with new judgments when they think is necessary and this will contributes to the changes of law. Sometimes the law in olden days may not be so powerful to stop people from all criminal wrongdoings, by making some changes towards the law will help better in preventing all these criminal wrongdoings. In addition, judicial precedent helps to provide justice for the Malaysian legal system. As judicial precedent is the judgments for cases that actually happened before and the judgments were discussed among judges. Before come to a decision, judges will look into previous precedent. If they found the previous precedent is illogical to follow, they will choose not to follow. They will only follow the previous precedent when the facts of case and points of law are sufficiently similar. If they think some changes should be done for the judgments due to the changes of society. Judges will discuss among themselves before they come into a decisions. Judicial precedent will be able to contribute on making new laws. When a case comes to the court for the first time, judges will need to decide the judgments. After the judgments had been made, they may consider come out with new law that actually related to judgments. When an area has new cases coming in most of the time, the judges will be more creative and lively when they are making judgments. As sometimes human judgments consists of emotions as well. This is totally different from judgments that followed the Book of Statutes. A new law that made based on the judgment of precedents may work better in prevention the happening of crimes. We can conclude that actually judicial precedents play an important towards the growth of Malaysian legal system. Without it existence, Malaysian legal system will be very dull and will have lesser growth. Judicial precedent may be a bit complex and bulky but it still has its own contribution towards the growth of Malaysian legal system.
Subscribe to:
Posts (Atom)