Undue Influnce in law of Contract Essay Example | Topics and Well Written Essays - 500 words

Undue Influnce in law of Contract - Essay Example e banks agents for the purpose of advising Mrs Etridge and the bank was entitled to rely on the solicitors assurances, even though those were false† (United Settlement n.d.). Under English law, undue influence is a reason for rescinding a contract if it can be proved by the victim. There are many relationships where one party can hold influence over another due to its inherent nature. An employer can have influence over an employee or a husband can have influence over his wife. But it need be undue influence or through duress for a contract to be set aside. According to Lord Nicholls, one of the judges in this case, â€Å"The law has set limits to the means properly employable for this purpose. To this end the common law developed a principle of duress† (United Kingdom House of Lords 2001). Under English law there is no precise definition as to what constitutes undue influence and will depend upon the circumstances of each case. But what should be proved is that a relati onship with influence has been to abused or exploited to claim undue influence (e-lawresources.co.uk n.d.).In this particular case, since there was no evidence of undue influence by Mrs Etrdige’s husband, the fact that she had sought independent advice is not relevant. So it can be said that unless undue influence existed and the same is proved by the wronged party, there is no recourse and a contract is valid. In any relationship, either of the parties can be in a position to receive information that should not be made public. It can be between a lawyer and client, between a doctor and patient, or a banker and customer (O’Neill 2007). So if a relationship has this feature, then it is a confidential relationship. Here again there is no formal definition, and the fact whether a relationship is confidential will depend on the facts of each case. In that sense, the relation between husband and wife can be deemed to be confidential in nature since they may share information which should not be

Fundamentals of Hypothesis Designing and Testing Essay

Fundamentals of Hypothesis Designing and Testing - Essay Example Definition: A statistical hypothesis is an assertion regarding the distribution of a variable or variables. If a statistical hypothesis completely specifies the distribution, it is referred to as a simple hypothesis; if not, it is referred to as a composite hypothesis (Goodman, 1999). The testing of a statistical hypothesis is the application of an explicit set of rules for deciding whether to accept the hypothesis or to reject it (Hinkelmann & Kempthorne, 2008). The method of conducting any statistical hypothesis testing can be outlined in six steps: The alternative hypothesis, which we denote by H1, expresses the idea of some difference. Alternative hypotheses may be one or two sided (Kaye & Freedman, 2011). Usually, the setting of the problem determines the alternative even before the data has been collected. †¢ Type II error: Reject H1 whilst factual; the chance of making a type II error is symbolized by {3. The objective in all hypothesis testing is to set the Type I error level, also known as the significance level, at a low enough value, and then to use a test statistic which minimizes the Type II error level for a given sample size. As we fix the Type I error level, it is best to devise the test in a way that the Type I error is most serious, in terms of cost (Lehmann & Romano, 2005). A critical P -value is the probability that is set by the person doing the test; it is the threshold for the P-value that the tester will use to decide whether the sample is unusual enough, compared to the hypothesized population, to indicate that the null hypothesis should be turned down in favor of the other option (McCloskey & Stephen, 2008). The calculated test statistic is compared to the sampling distribution that the statistic would have if the null hypothesis was factual. The comparison is summarized into a probability called a P-value: this is the probability, if the null hypothesis is factual, that the statistic would be at

Enthalpy of Displacement

Enthalpy of Displacement Saran Singh Sound Aim: To determine the enthalpy change of displacement between zinc powder and copper sulphate Zn (s) + CuSO4 (aq) Cu (s) + ZnSO4 (aq) Chemicals – CuSO ­Ã‚ ­Ã‚ ­4 Solution ( concentration = 0.5 mol.dm3 ) Zinc (s) Powder Data Collection – Table 1: List of apparatus and Least Count and Uncertainties of Measuring Instruments Used S. No. Instrument Unit Least Count Uncertainty 1. Butter Paper n/a n/a n/a 2. Cardboard Lid n/a n/a n/a 3. Digital Laboratory Thermometer Celsius 0.1  ºC  ±0.1  ºC 4. Digital Weighing Balance Grams 0.001g  ±0.001g 5. Measuring Cylinder cm3 1cm3  ±0.5cm3 6. Polystyrene Cup n/a n/a n/a 7. Digital Stopwatch Seconds 0.01s  ±0.01s Qualitative Data Time Temperature Table 2.1: Mass of Zinc Powder Mass of Zinc (s) /M/g/ ±0.001g Trial 1 0.244g Trial 2 2.523g Trial 3 2.416g Table 2.2 : Collected Data Time/t/s/ ±0.01s Temperature/T/ °c/ ±0.1 °c Trial 1 Trial 2 Trial 3 30.00 28.4 28.6 60.00 28.4 28.6 90.00 28.4 28.6 120.00 28.4 28.6 150.00 29.1 33.0 180.00 31.2 38.4 210.00 32.9 41.9 240.00 35.0 44.8 270.00 37.5 46.3 300.00 40.0 47.2 330.00 41.6 47.4 360.00 42.5 47.1 390.00 42.5 46.6 420.00 42.3 45.9 450.00 42.1 45.4 480.00 41.6 45.0 510.00 41.0 44.4 540.00 40.5 43.4 570.00 40.0 42.8 600.00 39.4 41.9 630.00 38.7 41.0 660.00 38.0 40.6 690.00 37.4 39.8 720.00 36.6 39.2 750.00 36.0 38.4 780.00 35.5 37.6 810.00 34.7 36.8 840.00 34.0 36.0 870.00 33.2 35.6 900.00 32.6 34.6 930.00 33.7 960.00 32.9 990.00 32.1 Qualitative Observation: It was observed that when Zinc (s) powder was added to the CuSO4 ­ solution it immediately reacted making the solution warmer .The color of the solution at the beginning was greenish in color which then turned colorless after the Zinc (s) powder had reacted. After the reaction was over, it was observed that Copper had precipitated at the bottom of the cup as a result of it being displaced by Zinc (s) powder. Formulas: Mass = No. of Moles (aq) x Molar Mass (s) And No. of Moles = Concentration x Volume And à ¢- ²H = Extrapolation Temperature Initial Temperature And Enthalpy Change = Mass x Specific Heat Capacity x à ¢- ²H And Molar Enthalpy Change = And Mass of water = volume of copper sulphate solution And Percentage Deviation = x100 Trial 1: Volume of CuSO4 (aq) 60.0cm3 Mass of Water 60g Specific Heat Capacity 4.18 J.g‑1. ºC-1 Initial Temperature 28.4  ºC Extrapolation temperature 53.0  ºC Time at which Zinc (s) powder was added 120s The graph is used to estimate the change in temperature of the displacement reaction between CuSO4 solution and Zinc (s) powder. The gradient of the best fit line shows the rate of decrease of temperature. Calculation:- No. of Moles of 60.0cm3 CuSO4 (aq) = (60/1000) x 0.5 = 0.03 mol ... Mass of Zinc (s) powder = 0.03 x 65 = 1.961g However for this experiment, mass of zinc had to be taken in excess. Therefore, Mass of Zinc is greater than actual mass required as seen in Table 2.1 à ¢- ²H = 28.4 – 53.0 = -24.60  ºC  ±0.01s Enthalpy Change = 60 x 4.18 x -24.6 = -6169.68 J = -6.16968 kJ Molar Enthalpy Change = = -205.7 kJ.mol-1 As this reaction is exothermic i.e heat is released, enthalpy change is negative. The literature value of Enthalpy Change for this displacement reaction is -217kJ.mol-1 Percentage Deviation = x 100 = 5.2% Deviation. Note: There were two assumptions made during this experiment. The Specific Heat Cpacity of the solution is same as water No Heat is lost to the surrounding Trial 2: Volume of CuSO4 (aq) 70.0cm3 Mass of Water 60g Specific Heat Capacity 4.18 J.g‑1. ºC-1 Initial Temperature 28.6 ºC Extrapolation temperature 57.0  ºC Time at which Zinc (s) powder was added The graph is used to estimate the change in temperature of the displacement reaction between CuSO4 solution and Zinc (s) powder. The gradient of the best fit line shows the rate of decrease of temperature. Calculation:- No. of Moles of 70.0cm3 CuSO4 (aq) = (70/1000) x 0.5 = 0.035 mol ... Mass of Zinc (s) powder = 0.035 x 65 = 2.275g However for this experiment, mass of zinc had to be taken in excess. Therefore, Mass of Zinc is greater than actual mass required as seen in Table 2.1 à ¢- ²H = 28.6 – 57.0 = -28.40  ºC  ±0.01s Enthalpy Change = 70 x 4.18 x -28.40 = -8309.84 J = -8.30984 kJ Molar Enthalpy Change = = -207.7 kJ.mol-1 As this reaction is exothermic i.e heat is released, enthalpy change is negative. The literature value of Enthalpy Change for this displacement reaction is -217kJ.mol-1 Percentage Deviation = x 100 = 4.3% Deviation. Note: There were two assumptions made during this experiment. The Specific Heat Cpacity of the solution is same as water No Heat is lost to the surrounding Trial 3: Volume of CuSO4 (aq) 70.0cm3 Mass of Water 60g Specific Heat Capacity 4.18 J.g‑1. ºC-1 Initial Temperature 28.6 ºC Extrapolation temperature 57.0  ºC Time at which Zinc (s) powder was added 120s The graph is used to estimate the change in temperature of the displacement reaction between CuSO4 solution and Zinc (s) powder. The gradient of the best fit line shows the rate of decrease of temperature. Calculation:- No. of Moles of 70.0cm3 CuSO4 (aq) = (70/1000) x 0.5 = 0.035 mol ... Mass of Zinc (s) powder = 0.035 x 65 = 2.275g However for this experiment, mass of zinc had to be taken in excess. Therefore, Mass of Zinc is greater than actual mass required as seen in Table 2.1 à ¢- ²H = 28.6 – 57.0 = -28.40  ºC  ±0.01s Enthalpy Change = 70 x 4.18 x -28.40 = -8309.84 J = -8.30984 kJ Molar Enthalpy Change = = -207.7 kJ.mol-1 As this reaction is exothermic i.e heat is released, enthalpy change is negative. The literature value of Enthalpy Change for this displacement reaction is -217kJ.mol-1 Percentage Deviation = x 100 = 4.3% Deviation. Note: There were two assumptions made during this experiment. The Specific Heat Cpacity of the solution is same as water No Heat is lost to the surrounding Conclusion: The displacement reaction between Zinc (s) powder and CuSO4 solution is exothermic as heat is released to its immiediate surroundings. This is supported by the calculations of all the three trials. The Zinc (s) is in powder form which reacts faster with CuSO4 solution as it has a larger surface area. By observing the graph it is found that after reaching the peak temperature, the new solutions temperature starts to decrease which means that its is loosing heat to its surrounding. The line of best fit on the graph shows the temperature change in an ideal situation. However, in reality heat is lost to the surroundings and the specific heat capacity of the solution may not be the same as water. This reaction between Zinc (s) powder and CuSO4 ­ takes place becaude Zinc (S) powder is more reactive thancopper in CuSO4 solution. Therefore, causing copper to precipitate. It is also possible that the concentration of the Cuso4 solution was lower , causing less energy to be released then expected. The temperature change increases as volume of CuSO4 is increased as more Zinc (s) powder is required to react therefore releasing more energy. This is suggested by the calculations for Trial 1, Trial2 and Trial 3. The percentage deviation of the experimental readings to the literature value is not that high suggesting few errors in the experiment. However, we attributed them to certain and possible errors.

Maxims and Masks: The Epigram in The Importance of Being Earnest Essay

Maxims and Masks: The Epigram in "The Importance of Being Earnest" Oscar Wilde frames "The Importance of Being Earnest" around the paradoxical epigram, a skewering metaphor for the play's central theme of division of truth and identity that hints at a homosexual subtext. Other targets of Wilde's absurd yet grounded wit are the social conventions of his stuffy Victorian society, which are exposed as a "shallow mask of manners" (1655). Aided by clever wordplay, frantic misunderstanding, and dissonance of knowledge between the characters and the audience, devices that are now staples of contemporary theater and situation comedy, "Earnest" suggests that, especially in "civilized" society, we all lead double lives that force upon us a variety of postures, an idea with which the closeted (until his public charge for sodomy) homosexual Wilde was understandably obsessed. The play's initial thrust is in its exploration of bisexual identities. Algernon's and Jack's "Bunburys" initially function as separate geographic personas for the city and country, simple escapes from nagging social obligations. However, the homoerotic connotations of the punning name (even the double "bu"'s, which serve mostly an alliterative purpose, insinuate a union of similarities, and "Bunbury" rhymes with "buggery," British slang for sodomy) flare up when paired with Algernon's repeated assaults on marriage: ALGERNON. "...She will place me next to Mary Farquhar, who always flirts with her own husband across the dinner table. That is not very pleasant. Indeed, it is not even decent ... and that sort of thing is enormously on the increase. The amount of women in London who flirt with their own husbands is perfectly scandalous. It looks so bad. It i... ... he was inextricably associated but from which he could just as easily distance himself via a pithy saying, but he treats the tension of homosexuality, his own mask, more seriously. Jack is never ready to admit his entrance into the Bunbury underworld, and we never learn from Algernon the necessary rules of conduct. The personification of homosexuality as a character's double is not surprising - some critics argue that Dr. Jekyl's evil counterpart, Mr. Hyde, has some homosexual leanings - as such a controversial and, perhaps, embarrassing topic can be more easily disguised and obscured in the murky depths of the doppelganger tale. Today, with scientific evidence backing an opinion that places individuals' sexual preferences on a sliding scale from full heterosexuality to full homosexuality, the simple bifurcated view of sexuality in literature may soon be obsolete.

Lord of the Flies Text Response Essay

In Lord of the Flies, William Golding presents a harsh yet realistic view of the individual, namely that within each person there is a struggle between right and wrong. Initially the boys listen to their consciences and act according to the rules they were taught during their upbringing. They set rules, allocate jobs, and democratically elect a leader just like in today’s society. As time goes by, boys such as the elected leader Ralph, the rational Piggy and the kind Simon manage to remain disciplined, but others indulge and let their morals decay little by little, particularly the proud Jack and his group of hunters who are ambitious and only thrive from mutilated power. In today’s disciplined and efficient society, there are laws that we all have to abide by. When Ralph blew the delicate, white conch everyone followed and listened. The conch represented power, order and law and with that in his hand, Ralph was elected leader. Ralph with the help of Piggy and his glasses which signified knowledge and insight were able to govern the island and the small group of troubled individuals for a short while. They kept the fire going, built shelters, hunted for food and collected water, the basic requirements needed for humans to survive. They built an efficient monarchy that was sustainable but only by the collected help of everyone on the island could they keep this sustainable way of life going. We all fight for something we really want, whether we are fighting for the title to be the school leader, or to be the president of the United States. In the novel Lord of the Flies, Jack was a follower, Ralph was elected leader and he was compliant with that decision. He was ambitious and selfish, all he wanted was power for himself and if he couldn’t achieve that, he was willing to take it by force. He had himself war painted and that revealed his true inner self, a savage. Once a person has given up hope of getting something morally, he turns to other approaches. After Piggy’s glasses were broken, all knowledge and insight was lost and hell broke loose. In Lord of the Flies William Golding conducts a sociological thought experiment. He takes a group of young boys and places them on a deserted island and asks what will the result be, a utopia or a dystopia? His answer is the latter. His reason is man himself. â€Å"Ralph wept for the end of innocence, the darkness of man’s heart, and the fall through the air of the true, wise friend called Piggy† Innocence is not stripped, it is surrendered, Lord of the flies is an allegory for society at large.

“Girl” by Jamaica Kincaid Essay

In the short story â€Å"Girl† by Jamaica Kincaid the author gives a perspective of the relationship between a strict mother and her young daughter. Jamaica Kincaid wrote series of sentences that sets the tone of the story to be uptight, oppressive, and informative. The author described her daughter into becoming a ‘slut’ which tells the readers that the mother is worried and is disapproving of her daughters actions. Others might think that the story is only about the daughter repeating what her mother tells her to do but it really it’s the perspective of the mother trying to prevent her daughter from becoming a ‘slut’ and changing her to become a lady. Although others may think otherwise that the character who plays girl, is in fact making a mockery of her mother’s commands. In theory people may say that the mother repeated herself so often about her daughter’s behavior and teaching her how to do her responsibilities correctly th at the daughter have memorized her mother’s lectures and began to repeat them to herself to show rebellion against these tasks. With the attention to the dialogue, shows the mother lecturing her daughter. In the beginning the author wrote â€Å"but I don’t sing benna on Sundays† (line 7) in an italicized format giving the idea that someone, in this case the daughter, is responding to her mother’s lecturing trying to defend herself. This goes to show that the poem is in fact a conversation held by a mother and a young girl with disapproving behaviors causing her mother to scold those unacceptable behaviors. Throughout the poem lists a few teachings into having a good behavior and proper manners. There are specific ways the mother instructed her daughter to do her chores. For example, â€Å"this is how you smile to someone you don’t like† (line),†this is how to set a table for dinner†, and â€Å"this is how to bully a man†. The lists goes on and I can relate to these rules. My mother taught me the importance of discipline throughout my whole life teaching me right from wrong and telling me to do chores and teaching me how to do things on my own since I was now becoming a young adult. Mothers have many different parenting ways to teach their own daughter how to become a lady and most  will teach their daughters by the mistakes they’ve made in the past or by the experience of their mothers giving the same lecture to them when they were coming up into the teenage years. Jamaica Kincaid based this short story on her life growing up as a child. Kincaid and her mother was very close until her three brothers were born. After that Kincaid and her mother grew apart and her mother became more intense and more demanding towards her daughter to become a lady. In conclusion the poem â€Å"Girl† by Jamaica Kincaid is the self-reflection of kincaids early life. She described her life as being very controlled by her mother and being judged of becoming a ‘slut’.