Wednesday, August 26, 2020
Formal Outline Template Free Essays
Manual for FORMAL OUTLINING I. The layout ought to be in sentence structure. A. We will compose a custom exposition test on Formal Outline Template or then again any comparative theme just for you Request Now That implies that each segment of the layout must be a finished sentence B. Each part may just have one sentence in it. II. Every Roman numeral ought to be a primary area of the discourse. A. Capital letters are primary concerns of the theory. 1. Numbers are sub-focuses under the capital letters. 2. Little letters are sub-focuses under the numbers. B. Sub-guides need toward relate with the thought it is under. 1. This implies capital letters allude to the thought in roman numerals. 2. This implies numbers allude to the thought in the capital letter. III. All sub-focuses ought to be indented the equivalent. A. This implies the entirety of the capital letters are indented the equivalent. B. All numbers are indented the equivalent. IV. No sub-point remains solitary. A. Each An unquestionable requirement have a B. B. Each 1 must have a 2. C. You donââ¬â¢t need to have a C or a 3, however you can. D. There are no special cases to this standard. Your discourse framework should look something like the one in the example. Your diagram will likewise incorporate the full sentence subtleties of your discourse, including source references. The quantity of sub-focuses will vary in every discourse and for every principle thought. FORMAL SENTENCE OUTLINE FORMAT Studentââ¬â¢s Name: Date: Topic: General Purpose: Specific Purpose: Key explanation that portrays the subject of your discourse To advise OR To convince Your particular reason distinguishes the data you need to convey (in an educational discourse) or the disposition or conduct you need to change (in an enticing discourse). The focal thought of your discourse (ought to foresee, control and commit). Postulation: I. Presentation A. Enticement: Something that catches the eye of the crowd. Instances of this: alarming insights, stories, non-serious inquiries, citations, situations, and so forth. This point ought to be more than one entence long. For what reason should the crowd tune in to your discourse, make it individual to every one of them. Identical articulation as above. B. Motivation to Listen: C. D. Postulation Statement: Credibility Statement: 1. 2. What by and by associates you to this subject? What sort of examination have you done to set up validity? E. Review of Main Points : 1. 2. 3. To start with, I will depict â⬠¦ Second, I will inspect â⬠¦ Third, I will discussâ⬠¦ II. Repeat postulation, precise explanation as above. A. Articulation of the primary central matter; you ought not utilize a source in this sentence. 1. Thought of improvement or backing for the primary central matter a. Bolster material (ex: insights, citation, and so forth â⬠refer to source) b. Bolster material (ex: insights, citation, and so on â⬠refer to source) 2. Greater turn of events or bolster a. b. Bolster material (ex: insights, citation, and so on â⬠refer to source) Support material (ex: measurements, citation, and so on. â⬠refer to source) 3. Progress: More turn of events if necessary (Required) Statement of development that thinks back (interior synopsis) and looks forward (see). Proclamation of second primary concern. Try not to utilize a source in this announcement. 1. Thought of improvement or backing for the principal central matter a. b. . Bolster material (ex: measurements, citation, and so forth â⬠refer to source) Support material (ex: insights, citation, and so on. â⬠refer to source) B. Greater turn of events or bolster a. b. Bolster material (ex: insights, citation, and so on â⬠refer to source) Support material (ex: measurements, citation, and so on. â⬠refer to source) 3. Progress: More turn of events if necessary (Required) Statement of development that thinks back (inward synopsis) and looks forward (see). Explanation of third primary concern. Try not to utilize a source in this announcement. 1. Thought of improvement or backing for the primary central matter a. b. . Bolster material (ex: measurements, citation, and so on â⬠refer to source) Support material (ex: insights, citation, and so on. â⬠refer to source) C. Greater turn of events or bolster a. b. 3. Bolster material (ex: measurements, citation, and so on â⬠refer to source) Support material (ex: insights, citation, and so on. â⬠refer to source) More turn of events if necessary III. Determination A. Audit of Main Points: 1. 2. 3. B. C. Rehash your first central matter. Rehash your subsequent central matter. Repeat you third central matter. Identical as above. Build up an innovative shutting that will give the discourse a feeling of consummation. This point might be more than one sentence. You ought to allude back to your AttentionGetter. Repeat Thesis: Closure: References APA group; all references should be sited in APA position. Electronic sources must be . edu, . gov, or . organization so as to be worthy. Make certain to ensure that the references are in Alphabetical request. Twofold Spaced; all references ought to be twofold separated and indented. Five source least: You should have in any event five sources refered to in your layout and recorded on your reference page. Make a point to give all essential data in the references. Instructions to refer to Formal Outline Template, Essay models
Saturday, August 22, 2020
Ethics and Euthanasia Essay Example
Morals and Euthanasia Essay Example Morals and Euthanasia Paper Morals and Euthanasia Paper Willful extermination or benevolence murdering has for quite some time been a discussed theme. The inquiry is whether it is compassionate for an individual to pick his own demise when it is inescapable and delaying his/her life would just stretch his/her misery. It might be so when the patient despite everything has the ability to recognize the demonstration yet now and again, the patient can no longer react to some random upgrades. In these unique cases, close family members are given the option to choose for the patient yet this should at present be dependent upon some guideline as giving the such dynamic capacity to someone else may prompt maltreatment. It is imperative to know the realities behind killing and how it is arranged before talking about the good and moral issues related with it. It is characterized into four kinds which are detached and dynamic willful extermination and intentional and automatic killing. Aloof and dynamic willful extermination are diverse that latent killing includes ââ¬Å"withdrawing clinical treatmentâ⬠and dynamic killing ââ¬Å"is finding a way to cause the patients deathâ⬠. They are both delegated a type of willful extermination however the first is progressively acknowledged in a moral point of view (Pregnant Pause, 2001). A case of latent willful extermination is the point at which a patient is as of now completely subject to an actual existence bolster component to support life, for example, a respirator. In such a case, the patient may decide to detach the respirator to bite the dust an easy demise when he/she wishes to do as such. An increasingly old style case of aloof killing is a ââ¬Å"do not revive orderâ⬠. In standard clinical practice, when there is a danger to a patientââ¬â¢s life, the clinical staff will attempt to revive him/her however when the clinical staff decides not to do as such, this is considered as inactive killing. Then again, dynamic willful extermination which is the more disputable type of leniency executing includes ingesting into the patient toxic substance which normally is an overdose of painkillers and resting pills, for example, morphine. In correlation, dynamic willful extermination is dependent upon a great deal of discussion along these lines sanctioning it would bring about much commotion for the strict area while there isn't a lot of good and moral contentions against latent killing (Pregnant Pause, 2001). Willful extermination is additionally sorted as intentional and automatic. Deliberate killing implies that the patient has assented in the end of life-backing or clinical treatment while automatic willful extermination is killing without an accord from the patient. This might be because of the powerlessness of the patient to settle on choices for himself in whom close family members are given the option to choose for them (Pregnant Pause, 2001). Helped self destruction is another type of slaughtering in spite of the fact that it is hard to decide if it groups as a type of willful extermination or not. In this strategy, the specialist gives the patient access to approaches to end his/her life. The specialist has no immediate association since he won't regulate the medication to the patient. The patient at that point needs to settle on the choice on the off chance that he/she would utilize the gave intends to end his/her life. This is helped self destruction (Pregnant Pause, 2001). Presently, taking a gander at the good and moral perspectives, killing, contingent upon how it is performed and the conditions when it is performed decides if is correct or wrong. On the off chance that the willful extermination is uninvolved or deliberate, at that point, there isn't a lot of issue on the grounds that the patient knows about the outcomes and he has assented however when killing is dynamic or automatic, numerous moral issues might be experienced, for example, the estimation of life which inconveniences numerous strict gatherings. For automatic willful extermination, the patient has not assented and the family members are the ones that settled on the choice for them. The dread here is that the family members may settle on the choice that the patient would not normally need. This is a profoundly questionable theme likewise thinking about the money related ramifications of the passing of the patient (Pregnant Pause, 2001). The utilization of morphine trickles has consistently been related with kindness executing. Morphine is especially utilized as a torment reliever and its symptoms incorporate respiratory misery. Many accept that the utilization of morphine abbreviates the life of an individual and numerous likewise dread its addictive properties. It is additionally seen as a typical instrument for inciting willful extermination. A legitimate portion of morphine is definitely not a serious deal yet in greater dosages, its clinical segments are being utilized to calmly execute somebody (Esolen, 2006). There are numerous potential situations wherein morphine dribbles can be utilized to help individuals who are in extraordinary agony. In fact, immediately expanding the measurement to conceivably deadly levels, morphine dribbles might be considered as dynamic killing for the individuals who have not built up a resilience for the medication. In any case, on one angle, this is better than inactive willful extermination wherein you simply let the patient squirm excruciatingly as the clinical staff do nothing to help. The utilization of morphine trickles might be perceived as a sympathetic method of leniency murdering in light of the fact that morphine kills torment and guarantees that the patient kicks the bucket an effortless demise (Esolen, 2006) According to Dr. Thomas Preston,the utilization of morphine dribbles ââ¬Å"is certainly willful extermination, covered up by the beautifiers of expert custom and languageâ⬠. Consistent infusion of morphine into the circulatory system will in the long run lead to death because of end of the breathing capacity. Preston likewise demonstrated that the utilization of morphine trickles is the ââ¬Å"societys wink to euthanasiaâ⬠. He likewise bore witness to that willful extermination is currently an across the board practice disregarding the presence of laws that preclude such (When Death is Sought, 1997). Whenever done deliberately, essentially expanding the measurement of morphine will evidently cause demise yet portraying morphine trickles as a ââ¬Å"covert type of euthanasiaâ⬠is incorrect. The connection of morphine trickles and patient passings has no reasonable relationship. Because of the reality they individuals quickly build up a resistance to the medication, dosages might be increments and as long as the medication is appropriately directed, there is by all accounts no resilience limit. The case that morphine dribbles hurries the demise of the patient who have not created resistance bears no ground (When Death is Sought, 1997). Willful extermination ought not be quite a bit of an ethical issue; rather it ought to be viewed as a chance to have the option to help individuals. Now and again, it is greatly improved to pass on in comfort than to live in torment. Patients ought to be allowed the chance to pick between the two accessible choices. On the off chance that morphine dribble is a reasonable and successful approach to achieve such, at that point, it ought to in no way be restricted from use. The facts confirm that life is of most extreme significance however when there is extraordinary agony and enduring, in addition to the way that the patient would not be living long enough as a result of a fatal illness, finishing life to end enduring is rarely an awful other option. Willful extermination ought to be done when the patient solicitations it. It ought to likewise be suggested in clinical practice at whatever point feasible as opposed to giving bogus expectations. Some contend that as people reserve a privilege to life however they likewise reserve an option to death. References Pregnant Pause. 20 November 2001. Kinds of Euthanasia. Recovered April 14, 2008, from pregnantpause. organization/euth/types. htm Anthony, Esolen. 18 January 2006. Deadly Drips. Recovered April 14, 2008, from http://merecomments. typepad. com/merecomments/2006/01/_in_the_matter_. html The New York State Task Force on Life and the Law. 1997 April. At the point when Death is Sought. Recovered April 14, 2008, from http://wings. wild ox. edu/staff/investigate/bioethics/suppl. html
Sunday, August 16, 2020
What Freedoms the Fourth Tradition Grants AA Groups
What Freedoms the Fourth Tradition Grants AA Groups Addiction Coping and Recovery Methods and Support Print Tradition 4: AA Group Autonomy and Responsibility Group Freedom and Responsibility in the 12 Traditions of AA and Al-Anon By Buddy T facebook twitter Buddy T is an anonymous writer and founding member of the Online Al-Anon Outreach Committee with decades of experience writing about alcoholism. Learn about our editorial policy Buddy T Updated on January 16, 2020 Tom Merton / Getty Images More in Addiction Coping and Recovery Methods and Support Overcoming Addiction Personal Stories Alcohol Use Addictive Behaviors Drug Use Nicotine Use Tradition 4 of the 12 traditions of Alcoholics Anonymous states that the freedom individual groups have carried with it the admonition to protect the fellowship as a whole. This means that meeting formats can vary from group to group, but it also cautions against straying too far from the usual program. Tradition 4: Each group should be autonomous except in matters affecting other groups or AA as a whole. Tradition 4 Grants AA Group Freedom With Responsibility to the Whole Each 12-step group has complete freedom to decide for itself the program content of its meetings and the topics that will be discussed. The group can decide if the meeting will be open or closed and when and where the meeting will be held. Each group can decide to change its meeting format and has complete authority to spend its funds as needed. The group can also decide how it wishes to begin and end its meetings. Some groups close with a prayer, while others have a moment of silence. In all of these matters, each group has total freedom. It is entirely up to the membership of that individual group. But the second part of this tradition reminds each group that it has a responsibility also to the worldwide fellowship and other groups. By adhering to the traditions and principals of its program, each group can assure that it will not stray too far away from the programs basic tenets. Limits to Freedom Granted By the Fourth Tradition The autonomy provided in Tradition 4 does not mean an individual group has the authority to re-word the 12 steps or traditions or to create its own literature. Nor should groups introduce, discuss, or sell outside literature at their meeting places. Other than that, groups have complete freedom to design their programs to the needs of their members, which can result in a wide variety of formats. Many a meeting has gotten away from the look and feel of its primary purpose by using non-conference-approved literature, showing videos of popular self-help speakers, or allowing treatment professionals to speak at open meetings on the latest therapy techniques. There is a saying that there is no right or wrong way to hold a meeting, but the group can cease carrying the message if it strays too far from its traditions and concepts. How Group Autonomy Creates Different Environments One AA member described what it was like when encountering groups that did things differently. He says that when he first came into AA, he learned how it went in his little group, and as he went to other groups in neighboring towns, he would think, They dont do their meetings right, simply because they werent the same as the first group he went to. Today these little things that used to bother him make him realize that theyre what makes all these groups unique and different. He looks forward to the different meetings now because theyre unique in their own rights. As long as the guidelines of the program are followed and the basic message is there for everyone, the autonomy of each group is one more example of why Alcoholics Anonymous works.
Sunday, May 24, 2020
The Cenozoic Era Continues Today
Following the Precambrian Time, Paleozoic Era, and Mesozoic Era on the geologic time scale is the Cenozoic Era, which began 65 million years ago and continues to the present. After the Cretaceous-Tertiary, or,à K-T, Extinction at the end of the Cretaceous Period of the Mesozoic Era, which eliminated 80 percent of allà speciesà ofà animals, the Earth found itself needing to rebuild. Now that all dinosaurs besides birds were extinct, mammals had the opportunity to flourish. Without competition for resources from dinosaurs, mammals had the opportunity to grow. The Cenozoic was the first era that saw humans evolve. Much of what is commonly thought of as evolution has happened in the Cenozoic Era. The Cenozoic Era Begins The first period of the Cenozoic Era called the Tertiary Period has been divided into the Paleogene and Neogene periods. Most of the Paleogene Period saw birds and small mammals become more diverse and grow greatly in numbers. Primates started to live in trees, and some mammals adapted to live part-time in the water. Marine animals didnt have such luck during this period when massive global changes resulted in many deep-sea animals going extinct. The climate had cooled significantly from tropical and humid during the Mesozoic Era, which changed the types of plants that did well on land. Lush, tropical plants were replaced by deciduous plants, including the first grass. The Neogene Period saw continuing cooling trends. The climate resembled what it is today and would be considered seasonal. Toward the end of the period, however, the Earth was plunged into an ice age. Sea levels fell, and the continents came to roughly the positions they hold today. Many ancient forests were replaced with expansive grasslands as the climate continued to dry out, leading to the rise of grazing animals such as horses, antelope, and bison. Mammals and birds continued to diversify and dominate. The Neogene Period is also considered the start of human evolution. During this time the first human-like ancestors, the hominids, appeared in Africa and moved into Europe and Asia. Humans Start to Dominate The final period in the Cenozoic Era, the current period, is the Quaternary Period. It began in an ice age where glaciers advanced and retreated over parts of the Earth that are now considered temperate climates, such as North America, Europe, Australia, and the southern part of South America. The Quaternary Period is marked by the rise of human dominance. Neanderthals came into existence and then went extinct. The modern human evolved and became the dominant species on Earth. Other mammals continued to diversify and branch off into various species. The same happened with marine species. There were a few extinctions over this period due to the changing climate, but plants adapted to the various climates that emerged after the glaciers retreated. Tropical areas never had glaciers, so lush, warm-weather plants thrived all during the Quaternary Period. Areas that became temperate had many grasses and deciduous plants, while slightly colder climates saw the re-emergence of conifers and small shrubs. No End in Sight for the Cenozoic Era The Quaternary Period and Cenozoic Era continue today and likely will remain until the next mass extinction event. Humans remain dominant, and new species are discovered daily. While in the early 21st-century climate is changing once again and some species are going extinct, no one knows when the Cenozoic Era will end.
Wednesday, May 13, 2020
Theodore Roosevelt History - Free Essay Example
Sample details Pages: 5 Words: 1495 Downloads: 4 Date added: 2019/08/16 Category People Essay Level High school Tags: Theodore Roosevelt Essay Did you like this example? Theodore Roosevelt acquired a domain really taking shape when he accepted office in 1901. After the Spanish-American War in 1898, Spain surrendered the Philippines, Puerto Rico, and Guam to the United States. Furthermore, the United States built up a protectorate over Cuba and added Hawaii. Donââ¬â¢t waste time! Our writers will create an original "Theodore Roosevelt: History" essay for you Create order Without precedent for its history, the United States had obtained an abroad domain. As President, Roosevelt needed to expand the impact and notoriety of the United States on the world stage and make the nation a worldwide power. He additionally trusted that the exportation of American qualities and standards would ennoblingly affect the world. Theodore Roosevelts strategic proverb was to talk delicately and convey a major stick, and he kept up that a CEO must will utilize compel when fundamental while honing the craft of influence. He along these lines tried to collect an intense and dependable barrier for the United States to keep away from clashes with adversaries who may go after shortcoming. Roosevelt took after McKinley in completion the relative nonintervention that had ruled the nation since the mid-1800s, acting forcefully in remote undertakings, frequently without the help or assent of Congress. Philippines One of the circumstances that Roosevelt acquired after taking office was administration of the Philippines, an island country in Asia. Amid the Spanish-American War, the United States had taken control of the archipelago from Spain. At the point when Roosevelt named William Howard Taft as the primary non military personnel legislative leader of the islands in 1901, Taft prescribed the making of a common government with a chose authoritative get together. The Taft organization could consult with Congress for a bill that incorporated a senator general, an autonomous legal, and the administrative get together. Panama Canal The most awesome of Roosevelts outside approach activities was the foundation of the Panama Canal. For a considerable length of time, U.S. maritime pioneers had longed for building an entry between the Atlantic and Pacific seas through Central America. Amid the war with Spain, American ships in the Pacific needed to steam around the tip of South America in two-month voyages to join the U.S. armada off the shoreline of Cuba. In 1901, the United States consulted with Britain for the help of an American-controlled waterway that would be developed either in Nicaragua or through a piece of landPanamapossessed by Colombia. In a twist of shut entryway moves, the Senate endorsed a course through Panama, dependent upon Colombian endorsement. At the point when Colombia shied away from the terms of the understanding, the United States bolstered a Panamanian transformation with cash and a maritime bar, the last of which kept Colombian troops from arriving in Panama. In 1903, the Hay-Bunau-Varill a Treaty with Panama gave the United States unending control of the waterway at a cost of $10 million and a yearly installment of $250,000. When he visited Panama in 1906 to watch the working of the waterway, Roosevelt turned into the principal U.S. President to leave the nation amid his term of office. He needed to see the exhibition, which ended up known as one of the worlds most noteworthy designing accomplishments. Almost 30,000 specialists toiled ten-hour days for a long time to fabricate the $400-million channel, amid which time American authorities could check the scourge of Yellow Fever that had desolated expansive quantities of trench laborers. The Panama Canal was at long last finished in 1914; by 1925, in excess of 5,000 shipper ships had crossed the forty miles of locks every year. Once operational, it abbreviated the voyage from San Francisco to New York by in excess of 8,000 miles. The way toward building the trench created propels in U.S. innovation and designing abilities. This undertaking additionally changed over the Panama Canal Zone into a noteworthy arranging region for American military powers, maki ng the United States the prevailing military power in Central America. Roosevelt Corollary Latin America expended a considerable lot of Roosevelts opportunity and vitality amid his first term as President. Venezuela turned into a focal point of his consideration in 1902 when Germany and Britain sent boats to barricade that nations coastline. The European countries had offered advances to Venezuela that the Venezuelan tyrant declined to reimburse. Albeit both Germany and Britain guaranteed the Americans that they didnt have any regional outlines on Venezuela, Roosevelt felt wronged by their activities and requested that they consent to mediation to determine the debate. Santo Domingo (now the Dominican Republic) additionally experienced issues with European nations. Once more, European financial specialists had spoke to their legislatures to gather cash from an obligation ridden country Latin American country. After the Dominican government spoke to the United States, Roosevelt requested an American gatherer to accept control of the traditions houses and gather obligations to maintain a strategic distance from conceivable European military activity. Amid the Santo Domingo emergency, Roosevelt planned what ended up known as the Roosevelt Corollary to the Monroe Doctrine. The Monroe Doctrine, issued in 1823, expressed that the United States would not acknowledge European intercession in the Americas. Roosevelt understood that if countries in the Western Hemisphere kept on having unending issues, for example, the powerlessness to reimburse remote obligation, they would move toward becoming focuses of European creation. To acquire such activity and to keep up local soundness, the President drafted his end product: the United States would intercede in any Latin American nation that showed genuine financial issues. The culmination declared that the United States would fill in as the policeman of the Western Hemisphere, a strategy which in the long run made much hatred in Latin America. Peacemaker In spite of the fact that regularly perceived for the forcefulness of his outside strategy, Roosevelt was likewise a peacemaker. His best exertion at conveying aggressive forces to the arranging table included an emergency that had broken out in East Asia. Battling had emitted amongst Russia and Japan in 1904, after Japans assault on the Russian armada at Port Arthur. As the Russo-Japanese War seethed on with numerous Japanese triumphs, Roosevelt moved toward the two countries about intervening peace transactions. The President yearned for a world in which nations would swing to discretion rather than war to settle universal question, and he offered his administrations to this end. Despite the fact that Russia and Japan at first declined his offer, they in the end acknowledged his great workplaces to help arrange a peace, meeting with Roosevelt in 1905 in Portsmouth, New Hampshire. For his part as go between, Roosevelt won the Nobel Prize for Peace, the principal U.S. President to do as such. Roosevelt likewise refereed a debate amongst France and Germany over the division of Morocco. England had perceived French control over Morocco as an end-result of French acknowledgment of British control in Egypt. Germany felt prohibited by this assention and tested Frances part in Morocco. Despite the fact that the French had a powerless claim to Morocco, the United States couldnt dismiss it without dismissing Britains claim too. The settlement in 1906 came to at Algeciras, Spain, concealed any hint of failure look for Germany yet gave France undisputed control over Morocco; it likewise made ready for British control over Egypt. A few students of history believe that Roosevelts intercession in these two problem areas deflected battling that may have overwhelmed all of Europe and Asia in a world war. Regardless, Roosevelts activities enormously fortified Anglo-French ties with the United States. Awesome White Fleet Roosevelt trusted that an expansive and intense Navy was a basic segment of national barrier since it filled in as a solid impediment to Americas adversaries. Amid his residency as President, he manufactured the U.S. Naval force into one of the biggest on the planet, by persuading Congress to add ships to the armada and expanding its number of enrolled men. In 1907, he proposed sending the armada out on a world visit. His reasons were many: to flaunt the Incomparable White Fleet and inspire different nations around the globe with U.S. maritime power; to enable the Navy to pick up the experience of overall travel; and to find residential help for his maritime program. In December 1907, an armada of sixteen war vessels left Hampton Roads, Virginia, and went the world over, returning home fourteen months after the fact in February 1909. At the point when Roosevelt succeeded McKinley as president, he actualized a key procedure for building an American domain: the danger, as opposed to the through and through use, of military power. McKinley had connected with the U.S. military in a few effective engagements and afterward utilized the nations better modern power than arrange advantageous remote exchange assentions. Roosevelt, with his huge stick approach, could keep the United States out of military clashes by utilizing the true blue danger of power. In any case, as arrangements with Japan represented, the support of a realm was full of multifaceted nature. Evolving unions, moving monetary needs, and power governmental issues all implied that the United States would need to tread painstakingly to keep up its status as a politically influential nation.
Wednesday, May 6, 2020
Athletic Activities Free Essays
Whether played or watched, athletic activities have greatly impacted on the environment. The footprints of the participants highly abuse the natural environment. For example, the Ski slopes cause a lot of disruption to the alpine ecosystem. We will write a custom essay sample on Athletic Activities or any similar topic only for you Order Now On the same pedigree, snowmobiles spew exhaust a lot of fumes into the air. When spewed, the fumes become dangerous to the living organisms within the environment (Oââ¬â¢Reilly et al. 2015). Similarly, the golf courses sprawl across the land, and in long run, consume a large number of pesticides and water. The land dug causes a lot of potholes on the land, which is a residing place for the insects. Stagnant water encourages the breeding of land and water organisms and animals like snakes, which are dangerous to the health of man. Well notable, many golf players prefer their courses to be blanketed in the velvety green grass. They do this regardless of where the course is located, be it the beach, the desert, or a naturally lush locale. While carrying out the course, there are a lot of potholes that are dug in the environment. According to Mullenbach and Green (2018), despite high-level use, documented cases of environmental harm from pesticides on golf courses are rare. In one instance, hundreds of Canadian geese have been found dead on the Seaway Harbor fairways in Hempstead, New York apparently, which was poisoned by diazinon. As a result of this, an organophosphate insecticide was subsequently banned from golf course application following the manner in which it was destroying the environment. Another organophosphate pesticide, known as fenamiphos, has produced fish kills when washed into waterways from golf courses after heavy rains (Mullenbach and Green 2018). Today, fenamiphos is now being phased out in Florida, where these fish kills have occurred, and a nationwide ban will be complete in 2007, Cohen says. Cohen believes that when properly applied, golf course pesticides pose a low risk of exposure to players and nearby residential population How to cite Athletic Activities, Papers
Monday, May 4, 2020
Contracts free essay sample
Classification of Contracts (7 ââ¬â 1. 30) Simple and formal contracts A formal contract is a written contract (such as a deed). A simple contract can be entirely orally or a combination of oral and written. Bilateral Contract: exchange of promise ââ¬â one promise for another (a promiseeââ¬â¢s promise in return for the promisorââ¬â¢s promise or vice versa) o Union Dominions Trust (Commercial) Ltd v Eagle Aircraft Services Ltd [1968] 1 All ER 104 at 108, Lord Diplock Unilateral Contract: A one way contract. No counter promise, the contract is performed when both parties have performed i. . ââ¬Å" Wanted dog posterâ⬠ââ¬â it is ultimately the exchange of a promise for an act o Australian Woollen Mills Pty Ltd v The Commonwealth (1953) 92 CLR 424 at 456 o Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 o Mobil Oil Australia Ltd v Lyndel Nominees Pty Ltd (1998) 153 ALR 198 at 222 â⬠¢ Informal (simple contract): Oralà and/or in writing â⬠¢ Formal Contract: In writing, such as a deed. In case of breach, injured party will institute Civil Action (for legal separation) or Criminal Action (for adultery or concubinage) b. from an obligation CONTRACTOBLIGATION ? the cause? the effect However, among 5 Sources of Obligations (1. Law, 2. Contracts, 3. Quasi-contracts, 4. Acts punished by law, 5. Quasi-delicts), the most important are Contracts. There can be an obligation w/o a Contract, but there can be no Contract w/o resultant obligation. c. from an imperfect promise IMPERFECT PROMISE (Policitation) ?an unaccepted offer ?represents the starting point of a Contract d. from a pact PACT ?an incidental part of a Contract which can be separated from principal agreement e. from a stipulation STIPULATION ?an essential and dispositive part of Contract which cannot be separated from principal agreement The Elements of a Contract include the following: 1. ESSENTIAL ââ¬â are those elements without which there can be no contract. 2. NATURAL ââ¬â are those elements which are derived from the nature of the contract and ordinarily accompany the same. ââ¬â they are presumed by the law, although they can be excluded by the contracting parties if they so desire. 3. ACCIDENTAL ââ¬â are those elements which exist only when the parties expressly provide for them for the purpose of limiting or modifying the normal effects of the contract. Ex. conditions, terms, modes 1. ESSENTIAL ââ¬â is further subdivided into 3: . 1 common (comunes) ââ¬â are those which are present in all contracts Ex. consent, object certain, cause 1. 2 special (especiales) ââ¬â are present only in certain contracts Ex. delivery in real contracts or form in solemn ones 1. 3 extraordinary or peculiar (especialisimos) ââ¬â are those which are peculiar to a specific-contract Ex. price in a contra ct of sale There are different classes of Contracts. It comprises the following: a. ) According to their relations to other contracts. b. ) According to their perfections. c. ) According to their form. d. ) According to their purpose. e. According to their subject matter. f. ) According to the nature of vinculum which they produce. g. ) According to their cause. h. ) According to the risks involved. i. ) According to their names or norms regulating them. a. )According to their relations to other contracts: (1) Preparatory ââ¬â those which have for their object the establishment of a condition in law which is necessary as a preliminary step towards the celebration of another subsequent contract. Ex. partnership, agency (2) Principal ââ¬â those which can subsist independently from other contracts and whose purpose can be fulfilled by themselves. Ex. sale, lease (3) Accessory ââ¬â those which can exist only as a consequence of, or in relation with, another prior contract. Ex. pledges, mortgage b. )According to their perfections: (1) Consensual ââ¬â those which are perfected by the mere agreement of the parties. Ex. sale, lease (2) Real ââ¬â those which require not only the consent of the parties for their perfection, but also the delivery of the object by one party to the other. Ex. commodatum, deposit, pledge c. )According to their form: (1) Common or Informal ââ¬â those which do not require some particular form. Ex. loan, lease 2) Special or Formal ââ¬â those which require some particular form. Ex. donation, chattel mortgage d. )According to their purpose: (1) Transfer of ownership Ex. sale (2) Conveyance of use Ex. commodatum (3) Rendition of services Ex. Agency e. )According to their subject matter: (1) Things Ex. sale, deposit, pledge (2) Services Ex. agency, lease of services f. )According to the nat ure of vinculum which they produce: (1) Unilateral ââ¬â those which give rise to an obligation for only one of the parties. Ex. commodatum, gratuitous deposit (2) Bilateral ââ¬â those which give rise to reciprocal obligations for both parties. Ex. sale, lease g. )According to their cause: (1) Onerous ââ¬â those in which each of the parties aspires to procure for himself a benefit through the giving if an equivalent or compensation. Ex. sale (2) Gratuitous ââ¬â those in which one of the parties proposes to give to the other a benefit without any equivalent or compensation. Ex. Commodatum h. )According to the risks involved: (1) Commutative ââ¬â those where each of the parties acquires an equivalent of his prestation and such equivalent is pecuniarily appreciable and already determined from the moment of the celebration of the contract. Ex. lease (2) Aleatory ââ¬â those where each of the parties has to his account the acquisition of an equivalent of his prestation, but such equivalent, although pecuniarily appreciable, is not yet determined, at the moment of the celebration of the contract, since it depends upon the happening of an uncertain event, thus charging the parties with the risk of loss or gain. Ex. Insurance i. )According to their names or norms regulating them: (1) Nominate ââ¬â those which have their own individuality and are regulated by special provision of law. Ex. sale, lease (2) Innominate ââ¬â those which lack individuality and are not regulated by special provisions of law. There are different phases or stages in the life or biology of a Contract. The life of a contract has 3 phases or stages: 1. GENERATION ?comprehends the preliminary or preparatory process for the formation of the contract. 2. PERFECTION ?the birth of the contract. 3. CONSUMMATION ?comprehends the fulfillment of the purpose for which the contract was constituted. There are four (4) most essential characteristics of a Contract. The four (4) most essential characteristics of a contract are listed as follows: 1. Obligatory Force or Character of Contracts (obligatoriedad del contrato) ââ¬â principle that once a contract is perfected, it shall be of obligatory force upon both of the contracting parties. 2. Autonomy of Contracts ââ¬â principle that the contracting parties are free to enter into a contract and to establish such stipulations, clauses, terms and conditions as they may deem convenient. 3. Mutuality of Contracts ââ¬â the essential equality of the contracting parties whereby the contract must bind both of them. . Relativity of Contracts (relatividad del contrato) ââ¬â principle that the contract takes effect only between the parties, their assigns and heirs. Contracts are perfected in the following areas: If the contract is consensual, it is perfected by mere consent. However, if the contract is real, it is perfected by the delivery of the object of the contract by one contracting par ty to the other. REQUISITES OF CONTRACTS (Art. 1318) There are essential requisites of a Contract. There is NO CONTRACT unless ff. requisites concur: 1. Consent of contracting parties 2. Object certain which is subject matter of Contract 3. Cause of obligation which is established CONSENT (Arts. 1319-1346) CONSENT ?signifies the concurrence of the wills of the contracting parties with respect to the object and the cause which shall constitute the contract. ?signifies the meeting of the offer and acceptance upon the thing and the cause which are to constitute the contract. There are different requisites of Consent. Under the Civil Code, in order that there is consent, the following elements must concur: 1. Consent must be manifested by the concurrence of the offer and the acceptance. . Contracting parties must possess the necessary legal capacity. 3. Consent must be intelligent, free, spontaneous and real. Contracts are perfected in different circumstances. In general, contracts are perfected from the moment that there is a manifestation of the concurrence between the offer and the acceptance with respect to the object and the cause which shall constitute the contract . However, if the acceptance is made by letter or telegram, we must distinguish. Manifestation, Expedition, Reception and Cognition Theories are defined below as applied to perfection of Contracts: 1. Manifestation Theory (manifestacion) ââ¬â contract is perfected from the moment the acceptance is declared or made. 2. Expedition Theory (expedicion) ââ¬â contract is perfected from the moment the offeree transmits the notification of acceptance to the offeror, as when the letter is placed in the mailbox. 3. Reception Theory (recepcion) ââ¬â contract is perfected from the moment that the notification of acceptance is in the hand of the offeror in such a manner that he can, under ordinary conditions, procure the knowledge by reason of absence, sickness or some other cause. 4. Cognition Theory (cognicion) ââ¬â contract is perfected from the moment the acceptance comes to the knowledge of the offeror. Hence, in the Philippines, we have adapted the ââ¬Å"Cognition Theory. â⬠The acceptance by letter or telegram does not bind the offeror except from the time it comes to his knowledge. In the event of death, civil interdiction, insanity or insolvency of either offeror or offeree before acceptance is conveyed, the offer becomes ineffective. The following are incapacitated to give their consent to a contract: 1. Unemancipated minors 2. Insane or demented persons 3. Deaf-mutes who do not know how to write 4. Married women of age in cases specified by law 5. Persons suffering from civil interdiction 6. Incompetents under guardianship The following persons are prohibited from entering into certain contracts: 1. Insolvents before they are discharged by the Insolvency Court. 2. Non-Christians of Mindanao, Sulu, Mountain Province, and Nueva Vizcaya. 3. Husband and wife. 4. Persons who are prohibited from giving each other any donation or advantage. 5. Persons holding a fiduciary relation with respect to certain properties. a. ) Guardian b. ) Agents c. Executors administrators d. ) Public officers employees e. ) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts and other officers and employees connected with the administration of justice, the property and rights in litigation or levied upon on execution before the court within whose jurisdiction or territory they exercise their respective functions f. ) any others spec ially disqualified by law OBJECT (Arts. 1347-1349) OBJECT OF CONTRACT ?defined as the thing, right or service which is the subject matter of the obligation which is created or established. The following requisites must concur in order that a thing, right or service may be the object of the Contracts. As a general rule, all things, rights or services may be the object of contracts. However, it is essential that the following requisites may concur: 1. The object should be within the commerce of men. 2. The object should be real or possible. 3. The object should be licit. 4. The object should be determinate, or at least, possible of determination, as to its kind. There are things, rights or services that can not be the object of Contracts. The following can not be the object of contracts: 1. Things which are outside the commerce of men. 2. Intransmissible rights. 3. Future inheritance except in cases expressly authorized by law. 4. Impossible things or services. 5. Services which are contrary to law, morals, good customs, public order or public policy. 6. Objects which are not determinable as to their kind. Thus, if the parties enter into a contract with respect to the above objects, the contract is void or inexistent. There are exceptions to the rule that no person can enter into a contract with regard to future inheritance. They are: 1. Under Art. 130 of the Code, which allows the future spouses to give or donate to each other in their marriage settlement their future property to take effect upon the death of the donor and to the extent laid down by the provisions of the Civil Code relating to testamentary succession. 2. Under Art. 1080 of the Code, which allows a person to make a partition of his estate among his heirs by an act inter vivos provided that the legitime of the compulsory heirs is not prejudiced. CAUSE (Arts. 1350-1355) CAUSE In general, is the why of the contract or the essential reason which moves the contracting parties to enter into the contract. ?it is the immediate, direct or most proximate reason which explains and justifies the creation of an obligation through the will of the contracting parties. CAUSE ?In particular: 1. ONEROUS CONTRACTS ââ¬â the cause is understood to be for each contracting party, the prestation or promise of a thing or service by the other. 2. REMUNERATORY CONTRACTS ââ¬â it is the service or benefit which is remunerated. 3. CONTRACTS OF PURE BENEFICENCE ââ¬â it is the liberality of the enefactor. In order that the there will be a sufficient cause upon which a contract may be founded, it is essential that the following requisites may concur: 1. The cause should be in existence. 2. The cause should be licit or lawful. 3. The cause should be true. FORMS OF CONTRACTS (Arts. 1356-1358) As a general rule, whatever may be the form in which a contract may have been entered into, according to Art. 1356 of the Civil Code, the general rule is that it shall be obligatory provided all of the essential requisites for its validity are present. There are exceptions to the mentioned rule. These exceptions include: 1. When the law requires that the contract must be in a certain form in order to be valid. 2. When the law requires that the contract must be in a certain form in order to be enforceable. There are various formalities which are merely for the convenience of the parties. The following must appear in a public document: (1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein a governed by Articles 1403, No. 2, and 1405. 2) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains. (3) The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person. (4) The cession of actions or rights proceeding from an act appearing in a public document. Hence, all other con tracts where the amount involved exceeds five hundred pesos (Php 500. 00) must appear in writing, even a private one. There are different formalities which are necessary for the validity of contracts: a. Contracts which must appear in writing are as follows: 1. Donation of personal property whose value exceeds five thousand pesos (Php 5,000. 00). 2. Sale of a piece of land or any interest therein by an agent. 3. Antichresis 4. Agreement regarding payment of interest in contracts of loan. b. )Contracts which must appear in a public document re as follows: 1. Donations of immovable property. 2. Partnerships where immovable property or real rights are contributed to the common fund. c. )Contracts which must be registered are as follows: 1. Chattel Mortgages 2. Sales or transfer of large cattle. REFORMATION OF INSTRUMENTS (Arts. 1359-1369) There is a doctrine of reformation of instruments under the Civil Code. When the true intention of the parties to a perfected and valid contract are not expressed in the instrument purporting to embody their agreement, by reason of mistake, fraud, inequitable conduct or incident, one of the parties may ask for the reformation of the instrument so that such true intention may be expressed. In order that there can be a reformation of the instrument, the following requisites must, therefore, concur: 1. There must be a meeting of the minds of the parties. 2. Their true intention is not expressed in the instrument. 3. Such failure to express their true intention is due to mistake, fraud, inequitable conduct or accident. The following instruments can not be reformed: 1. Simple donations 2. Wills 3. Those where the real agreement is void DEFECTIVE CONTRACTS There are 4 classes of defective contracts under the present Civil Code: 1. Rescissible contracts 2. Voidable contracts 3. Unenforceable contracts 4. Void and inexistent contracts RESCISSIBLE CONTRACTS (Arts. 1380-1389) RESCISSIBLE CONTRACT is a contract which is valid because it contains all of the essential requisites prescribed by law, but which is defective because of injury or damage to either of the contracting parties or to third persons, as a consequence of which it may be rescinded by means of a proper action for rescission. RESCISSION ?is a remedy granted by law to the contracting parties, and even to third persons, to sec ure the reparation of damages caused to them by a contract, even if the same should be valid, by means of the restoration of things to their condition prior to the celebration of the contract. The following contracts are rescissible: . Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof. 2. Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number. 3. Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them. 4. Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority. 5. All other contracts specially declared by law to be subject to rescission. 6. Payments made in a state of insolvency for obligations to whose fulfillment the debtor could not be compelled at the time they were effected, are also rescissible. There is a period of prescription for an action to claim the rescission. It includes the following: ââ¬â As a general rule, the action to claim rescission must be commenced within four (4) years. ââ¬â If the action is based on lesion, the period must be counted from the time of the termination of the incapacity of the ward from the time the domicile of the absentee is known. If it is based on fraud, the period must be counted from the time of the celebration of the contract. ââ¬â However, in certain contracts of sale which specially declared by law to be rescissible, the period is six (6) months or even forty (4) days, counted from the day of delivery. VOIDABLE CONTRACTS (Arts. 1390-1402) VOIDABLE CONTRACTS ?are those in which all of the essential elements for validity are present, but the element of consent is vitiated either by lack of legal capacity of one of the contracting parties, or by mistake, violence, intimidation, undue influence or fraud. The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties: 1. Those where one of the parties is incapable of giving consent to a contract. 2. Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. Hence, these contracts are binding, unless they are annulled by a proper action in court. UNENFORCEABLE CONTRACTS (Arts. 1403-1408) UNENFORCEABLE CONTRACTS are those which cannot be enforced by a proper action in court, unless they are ratified, because either they are entered into without or in excess of authority or they do not comply with the Statute of Frauds or both of the contracting parties do not possess the required legal capacity. The following contracts are unenforceable, unless they are ratified: 1. Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers; 2. Those that do not compl y with the Statute of Frauds as set forth in this number. In the following cases an agreement hereafter made shall be unenforceable by action, unless the same, or some note or memorandum, thereof, be in writing, and subscribed by the party charged, or by his agent; evidence, therefore, of the agreement cannot be received without the writing, or a secondary evidence of its contents: (a) An agreement that by its terms is not to be performed within a year from the making thereof. (b) A special promise to answer for the debt, default, or miscarriage of another. (c) An agreement made in consideration of marriage, other than a mutual promise to marry. d) An agreement for the sale of goods, chattels or things in action, at a price not less than five hundred pesos, unless the buyer accept and receive part of such goods and chattels, or the evidences, or some of them, of such things in action or pay at the time some part of the purchase money; but when a sale is made by auction and entry is made by the auctioneer in his sales book, at the time of th e sale, of the amount and kind of property sold, terms of sale, price, names of the purchasers and person on whose account the sale is made, it is a sufficient memorandum. e) An agreement of the leasing for a longer period than one year, or for the sale of real property or of an interest therein. (f) A representation as to the credit of a third person. VOIDABLE OR INEXISTENT CONTRACTS (Arts. 1409-1422) In General: VOID AND INEXISTENT CONTRACTS ?defined as as those which lack absolutely either in fact or in law one or some of those elements which are essential for its validity. In Particular: VOID CONTRACTS ?are those contracts where all of the requisites prescribed by law for ontracts are present, but the cause, object or purpose is contrary to law, morals, good customs, public order or public policy, or they are prohibited by law, or they are declared by law to be void. INEXISTENT CONTRACTS ?are those contracts which lack absolutely one or some or all of those requisites which are essential for validity. The following contracts are inexistent and void from the beginning: 1. Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy; 2. Those which are absolutely simulated or fictitious; 3. Those whose cause or object did not exist at the time of the transaction; 4. Those whose object is outside the commerce of men; 5. Those which contemplate an impossible service; 6. Those where the intention of the parties relative to the principal object of the contract cannot be ascertained; 7. Those expressly prohibited or declared void by law. These contracts cannot be ratified. Neither can the right to set up the defense of illegality be waived. NATURAL OBLIGATIONS NATURAL OBLIGATIONS ?are those based on equity and natural law, which are not enforceable by means of a court action, but which, after voluntary fulfillment by the obligor, authorize the retention by the obligee of what has been delivered or rendered by reason thereof. ESTOPPEL ESTOPPEL ?a condition or state by virtue of which an admission or representation is rendered conclusive upon the person making it, and cannot be denied or disproved as against the person relying thereon. TRUSTS TRUST ?defined as the legal relationship between one (1) person having an equitable ownership over a certain property and another having the legal title thereto. SALES CONTRACT OF SALE ?by the contract of sale of one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefore a price certain in money or its equivalent. The essential requisites of a contract of sale are: 1. Consent of the contracting parties by virtue of which the vendor obligates himself to transfer the ownership of and to deliver a determinate thing, and the vendee obligates himself to pay therefore a price certain in money or its equivalent. 2. Object certain which is the subject matter of the contract. 3. Cause of the obligation which is established. Distinguish between a Contract of sale and a Contract of sell: CONTRACT OF SALE: 1. The title passes to the vendee upon delivery of the thing sold. 2. Non-payment is a negative resolutory condition. . The vendor has lost and can not recover ownership until and unless the contract is resolved or rescinded. CONTRACT OF SELL: 1. By agreement, ownership is reserved in the vendor and is not to pass until full payment of the price. 2. Full payment is a positive suspensive condition. 3. Title remains in the vendor, and when he seeks to eject the vendee because of non-compliance by such vendee with the suspensive condition stipulated, he is enf orcing the contract and not resolving the same. BARTER OR EXCHANGE BARTER (Exchange) defined as a contract by virtue of which one of the parties binds himself to give one (1) thing in consideration of the otherââ¬â¢s promise to give another thing. LEASE LEASE ?defined as a consensual, bilateral, onerous and commutative contract by virtue of which one person binds himself to grant temporarily the use of a thing or to render some service to another who undertakes to pay some rent, compensation or price. GENERAL PROVISIONS LEASE OF RURAL AND URBAN LANDS (Arts. 1646-1688) TACIT RENEWAL OF A CONTRACT OF LEASE (tacita reconduccion) refer to the new contract of lease which is impliedly created or established if at the end of the old contract the lease should continue enjoying the thing leased for fifteen (15) days with the acquiescence of the lessor, provided that a notice to the contrary had not been previously given by either party. ?the period of the implied new lease in such case sh all be the legal period established in either Art. 1682 or Art. 1687 of the Civil Code, but the other terms of the original contract shall be revived. There are certain requisites of a tacit renewal Contract of lease. In order that there will be an implied new lease, it is clear from the above that the following requisites must concur: 1. That the contract of lease should have ended. 2. That the lessee should have continued enjoying the thing leased for fifteen (15) days 3. That such continued enjoyment should be with the acquiescence of the lessor. 4. That a notice to the contrary by either party should not have been previously given. 5. That there should have been no express contract entered into by lessor and lessee after the old contract had ended. WORK AND LABOR HOUSEHOLD SERVICE (Arts. 1689-1699) There are certain rules with regard to the duration of a contract for household service as well as with regard to working hours: ââ¬â No contract for household service shall last for more than two (2) years. However, such contract may be renewed from year to year. ââ¬â House helpers shall not be required to work more than ten (10) a day. ââ¬â Every house helper shall be allowed four (4) days vacation each month, with pay. There are rules with regard to dismissal of house helpers: ââ¬â If the period for household service is fixed neither the head of the family nor the house helper may terminate the contract before the expiration of the term, except for a just cause. ââ¬â If the house helper is unjustly dismissed, he shall be paid the compensation already earned plus that for fifteen (15) days by way of indemnity. ââ¬â If the house helper leaves without justifiable reason, he shall forfeit any salary due him and unpaid, for not exceeding fifteen (15) days. If the duration of the household service is not determined either by stipulation or by the nature of the service, the head of the family or the house helper may give notice to put an end to the service relation, according to the following rules: (1) If the compensation is paid by the day, notice may be given on any day that the service shall end at the close of the following day. (2) If the compensation is paid by the week, notice may be given, at the latest on the first business day of the week, that the service shall be terminated at the end of the seventh day from the beginning of the week. 3) If the compensation is paid by the month, notice may be given, at the latest, on the fifth day of the month, that the service shall cease at the end of the month. CONTRACT OF LABOR (Arts. 1700-1712) There is a special nature of a contract of labor which distinguishes it from other contracts: ââ¬â The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects. Scenario 1: Suppose that the death or injury of an employee or laborer is due entirely to the negligence of a fellow worker, can the employer be held liable? ââ¬â Und er our law, if the death or injury is due entirely to the negligence of a fellow worker, the employer can be held solidarily liable with the latter. Scenario 2: Suppose that it is due entirely to the intentional or malicious act of a fellow worker, can the employer be held liable? However, if the death or injury is due entirely to the intentional or malicious act of such fellow worker, the employer can not be held solidarily liable, unless it should be shown that the latter did not exercise due diligence in the selection and supervision of such fellow worker. CONTRACT FOR A PIECE OF WORK (Arts. 1713-1731) CONTRACT FOR A PIECE OF WORK ?defined as a contract whereby the contractor binds himself to execute a piece of work for the employer, in consideration of a certain price or compensation. Contractor may either employ only his labor or skill, or also furnish the material. MECHANICââ¬â¢S LIEN ?Refers to the right of retention recognized in Art. 1731 of the Civil Code by virtue of which he who has executed work upon a movable has a right to retain it by way of pledge until he is paid. COMMON CARRIERS (Arts. 1732-1766) COMMON CARRIERS ?are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public. In order that a common carrier may be exempted from liability for the loss, destruction, or deterioration of the goods by reason of a natural disaster, the following requisites are necessary: ââ¬â Common Carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any of the following causes only: 1. Flood, storm, earthquake, lightning, or other natural disaster or calamity. 2. Act of the public enemy in war, whether international or civil. 3. Act of omission of the shipper or owner of the goods. 4. The character of the goods or defects in the packing or in the containers. 5. Order or act of competent public authority. In order that an agreement between the carrier and the shipper limiting the liability of the former for the loss, destruction, or deterioration of the goods to a degree less than extraordinary diligence shall be valid, the following requisites are necessary: ââ¬â A stipulation between the common carrier and the shipper or owner limiting the liability of the former for the loss, destruction, or deterioration of the goods to a degree less than extraordinary diligence shall be valid, provided it be: 1. In writing, signed by the shipper or owner. 2. Supported by a valuable consideration other than the service rendered by the common carrier. 3. Reasonable, just and not contrary to public policy. PARTNERSHIP CONTRACT OF PARTNERSHIP ?by the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. ?two or more persons may also form a partnership for the exercise of a profession. AGENCY CONTRACT OF AGENCY ?by the contract of agency, a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. LOAN COMMODATUM ?defined as a contract by virtue of which one of the contracting parties delivers to the other a non-consumable (nonfungible) thing so that the latter may use the same for a certain time and return it. SIMPLE LOAN (mutuum) defined as a contract by virtue of which one of the contracting parties delivers to the other money or any other consumable (fungible) thing subject to the condition that the same amount of the same kind and quality be paid or returned. DEPOSIT DEPOSIT ?is that which is constituted from the moment a person receives a thing belonging to another with the obligation of safely keeping it and of returning the same. There are different classes of Deposits. It may either be: 1. JUDICIAL ââ¬â when it is constituted by virtue of a court order for the attachment or seizure of property in litigation. 2. EXTRAJUDICIAL ââ¬â when it is not constituted by virtue of a court order for the attachment or seizure of property in litigation. ALEATORY CONTRACTS ALEATORY CONTRACT ?one of the parties or both reciprocally bind themselves to give or to do something in consideration of what the other shall give or do upon the happening of an event which is uncertain, or which is to occur at an indeterminate time. COMPROMISES AND ARBITRATIONS (Arts. 028-2046) COMPROMISE ?is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already commenced. CONTRACT OF ARBITRATION ?is one whereby two (2) or more persons agree to stand by and accept the decision of another or others with respect to their controversy over respective rights. GUARANTY GUARANTY ?is a contract by virtue of which a person called the ââ¬Å"guarantor,â⬠binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to do so. SURETYSHIP Is a contract by virtue of which a person binds himself solidarily with the principal debtor to fulfill the obligation. PLEDGE PLEDGE ?defined as an accessory, real and unilateral contract by virtue of which the debtor or a third person delivers to the creditor or to a third person movable property as security for the performance of the principal obligation, upon the fulfillment of which the thing pledged, with all its accessions and accessories, shall be returned to the debtor or the third person. REAL ESTATE MORTGAGE REAL ESTATE MORTGAGE Defined as an accessory contract whereby the debtor guarantees the performance of the principal obligation by subjecting real property or real rights as security in case of non-performance of such obligation within the period agreed upon. ANTICHRESIS ANTICHRESIS ?is a contract by virtue of which the creditor acquir es the right to receive the fruits of an immovable of his debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal if his credit. CHATTEL MORTGAGE CHATTEL MORTGAGE by a Chattel Mortgage, personal property is recorded in the Chattel Mortgage Register as a security for the performance of an obligation. Note: ?if the movable, instead of being recorded, is delivered to the creditor or a third person, the contract is a pledge and not a chattel of mortgage. EXTRA-CONTRACTUAL OBLIGATIONS QUASI-CONTRACTS (Arts. 2142-2175) QUASI-CONTRACTS ?defined as those juridical relations arising from lawful, voluntary and unilateral acts of persons based on the principle that no one shall be unjustly enriched or benefited at the expense of another. There are different kinds of quasi-contracts. Quasi-Contracts are either: 1. NOMINATE ââ¬â there are 2 kind of nominate quasi-contracts regulated by the Civil Code: 1. 1 negotiorum gestio 1. 2 solutio indebiti 2. INNOMINATE ââ¬â are those regulated by Arts. 2164-2175 of the Civil Code. QUASI-DELICTS (Arts. 2176-2194) QUASI-DELICTS ?defined as the fault or negligence of a person, who, by his act or omission, connected or unconnected with, but/and independent from, any ontractual relation, causes damage to another person. ?defined as an act, whether punishable or not punishable by law, whether criminal or not criminal in character, whether intentional or voluntary or negligent, which result in damage to another. DAMAGES DAMAGES ?defined as a sum of money which the law awards or imposes as pecuniary compensation, recompense, or satisfaction for an injury done or a wrong sustained as a consequence of the breach of some duty or the violation of some right. CONCURRENCE AND PREFERENCE OF CREDITS (Arts. 2236-2251) With reference to specific movable property of the debtor, the following claims or liens shall be preferred: 1. Duties, taxes and fees due thereon to the State or any subdivision thereof. 2. Claims arising from misappropriation, breach of trust, or malfeasance by public officials committed in the performance of their duties, on the movables, money or securities obtained by them. 3. Claims for the unpaid price of movables sold, on said movables, so long as they are in the possession of the debtor, up to the value of the same; and if the movable has been resold by the debtor and the price is still unpaid, the lien may be enforced on the price; this right is not lost by the immobilization of the thing by destination, provided it has not lost its form, substance and identity; neither is the right lost by the sale of the thing together with other property for a lump sum, when the price thereof can be determined proportionally. 4. Credits guaranteed with a pledge so long as the things pledged are in the hands of the creditor, or those guaranteed by a chattel mortgage, upon the things pledged or mortgaged, up to the value thereof. 5. Credits for the making, repair, safekeeping or preservation of personal property, on the movable thus made, repaired, kept or possessed. 6. Claims for laborers wages, on the goods manufactured or the work done. With reference to specific movable property of the debtor, the following claims or liens shall be preferred: 1. For expenses of salvage, upon the goods salvaged. 2. Credits between the landlord and the tenant, arising from the contract of tenancy on shares, on the share of each in the fruits or harvest. 3. Credits for transportation, upon the goods carried, for the price of the contract and incidental expenses, until their delivery and for thirty days thereafter. 4. Credits for lodging and supplies usually furnished to travellers by hotel keepers, on the movables belonging to the guest as long as such movables are in the hotel, but not for money loaned to the guests. 5. Credits for seeds and expenses for cultivation and harvest advanced to the debtor, upon the fruits harvested. 6. Credits for rent for one year, upon the personal property of the lessee existing on the immovable leased and on the fruits of the same, but not on money or instruments of credit. 7. Claims in favor of the depositor if the depositary has wrongfully sold the thing deposited, upon the price of the sale. With reference to specific immovable property and real rights of the debtor, the following claims, mortgages and liens shall be preferred, and shall constitute an encumbrance on the immovable or real right: 1. Taxes due upon the land or building. 2. For the unpaid price of real property sold, upon the immovable sold. 3. Claims of laborers, masons, mechanics and other workmen, as well as of architects, engineers and contractors, engaged in the construction, reconstruction or repair of buildings, canals or other works, upon said buildings, canals or other works. 4. Claims of furnishers of materials used in the construction, reconstruction, or repair of buildings, canals or other works, upon said buildings, canals or other works. 5. Mortgage credits recorded in the Registry of Property, upon the real estate mortgaged. 6. Expenses for the preservation or improvement of real property when the law authorizes reimbursement, upon the immovable preserved or improved. . Credits annotated in the Registry of Property, in virtue of a judicial order, by attachments or executions, upon the property affected, and only as to later credits. 8. Claims of co-heirs for warranty in the partition of an immovable among them, upon the real property thus divided. 9. Claims of donors or real property for pecuniary charges or other conditions imposed upon the donee, upon the immovable donated. 10. Credits of insurers, upon the property insured, for the insurance premium for two years. TRANSITIONAL PROVISIONS There are new provisions and ruled laid down by the New Civil Code which may prejudice or impair vested rights. Hence, do they have retroactive effect? ââ¬â No, they do not have retroactive effect. ââ¬â Although the New Civil Code, following a well-established principle of modern legislation, provides that if a right should be declared for the first time in the said Code, it shall be effective at once, even though the act or event which gives rise thereto may have been done or may have occurred under the prior legislation, nevertheless, there is an exception, and that is when said right prejudices or impairs a vested or acquired right. In such case, such right shall be prospective and not retroactive. REPEALING CAUSE The repealing clause of the New Civil Code includes the following: 1. Those parts and provisions of the Civil Code of 1889 which are in force on the date when this new Civil Code becomes effective. 2. The provisions of the Code of Commerce governing sales, partn ership, agency, loan, deposit and guaranty. 3. The provisions of the Code of Civil Procedure on prescription as far as inconsistent with this Code. 4. All laws, Acts parts of Acts, rules of court, executive orders, and administrative regulations which are inconsistent with this Code. Aug. 30, 1950 ?the Spanish Civil Code was repealed by Rep. Act No. 386, otherwise known as the Civil Code of the Philippines. ?the reason for this is that, it was on this date that the New Civil Code became effective.
Saturday, March 28, 2020
Arranged Marriage Essays - Marriage, Arranged Marriage, Dowry
Arranged Marriage Arranged marriage is a concept that does not take precedence in the United States, where love marriages are most popular. In this presentation we will explore the reasons for arranged marriages and look at the process that goes on. Our group will also relate this topic to such anthropological terms such as dowry and joint family system. Our goal is to help others understand that no matter how different arranged marriages may seem to Americans, they love, procreate and support each other possibly more successfully than our love marriages. Before delving into the intrcacies of the process of arranges marriages we will define our terms so that students will know how to relate them when they hear them in our presentation. Posters will act as our visual aid in order to explain such terms as swamber which literally means groom seeks out his bride:. Other terms such include dowry which is the payment of the woman;s inheritance at the time of her marriage, either to her or her husband. This dowry usually helps pay for the wedding ceremony, paid mostly by her parents. One very important part of an arranged marriage is the significance of the middle man, who is usually a middle woman. She may be a family friend or an aunt of the person to be married. This matchmaker thoroughly inspects the pasts and reputations of the prospective bride or groom to find anything that may not be approved by the family. This is usually done by word of mouth by relatives and friends who know the person. There are three main characteristics that the mediator looks for : the girl or boy's social status, their education level and their physical appearance. After these qualities have been approves by both families, the two may meet if they don't already know each other. If they agree they would like to be married, the wedding may proceed as soon as two weeks later or as late as a few years. There are five ceremonies that are a part of the wedding. The first is mungi which is the engagement. The second is the bride's mendhi. In this ceremony the bride and her relatives paint their hands with henna paint and celebrate by dancing. The only men allowed are the groom and his procession.The third ceremony is the groom's mendhi. It is the same as the bride's mendhi but this time the groom's friends and relatives are celebrating and the bride and her procession are there. Not all mendhies are separate, some are celebrated together. Nikah is the official day of the wedding. The papers are signed and everyone on the bride's side is quite solemn. This is the first day she will be away from her family and become a member of her husbands.The last ceremony is the Valima which is the reception. This is arranged and paid for by the groom's parents. Arranged marriages are very different from the Western idea of marriage but it's deeply imbedded in the culture. Girls are taught that marriage comes first and love comes after. More times than not, parents listen to the characteristics that their children would like in a mate. Children are allowed to have love marriages and they are prevalent in the metropolitan areas of India but arranges marriages still make up 95% of the marriages. Divorce is very rare in India and carry a negative social stigma with them. In modern times the Internet has also changed the traditional affects of an arranged marriage. Rather than go through a middle man, young people simply look at profiles on the net and set up meetings themselves. No matter how they meet, the idea is to bring together like minded families with the goal to perpetuate the lineage Social Issues Essays
Saturday, March 7, 2020
7 Proofreading Steps
7 Proofreading Steps 7 Proofreading Steps 7 Proofreading Steps By Mark Nichol Proofreading is the last line of defense for quality control in print and online publishing. Be sure to conduct a thorough proofread of all documents before they are printed for distribution and of all Web pages before they go live, using these guidelines. But before you proof, you must edit. (This post explains the difference between the two processes.) Thereââ¬â¢s no use expending time and effort to check for minor typographical errors until the editing stage is complete. Review for proper organization, appropriate tone, and grammar, syntax, usage, and style before the document is laid out. Stakeholders should read the edited version before layout and submit requests for revisions during the editing stage. If anyone other than the editorial staff must see the proof, remind him or her that only minor changes should be made at this point. 1. Use a Checklist Create a list of important things to check for, such as problem areas like agreement of nouns and verbs and of pronouns and antecedents, and number style. 2. Fact-Check Double-check facts, figures, and proper names. If information remains to be inserted at the last minute, highlight the omission prominently so that no one forgets to do so. 3. Spell-Check Before proofreading a printout, spell-check the electronic version to find misspellings, as well as errors you or a colleague make frequently, such as omitting a closing parenthesis or quotation mark. 4. Read Aloud Reading text during the proof stage improves your chances of noticing errors, especially missing (ââ¬Å"a summary the report followsâ⬠) or repeated (ââ¬Å"a summary of the the report followsâ⬠) words. 5. Focus on One Line at a Time When proofing print documents, use another piece of paper or a ruler to cover the text following the line you are proofreading, shifting the paper down as you go along. This technique helps you keep your place and discourages you from reading too quickly and missing subtle errors. 6. Attend to Format Proofreading isnââ¬â¢t just about reviewing the text. Make sure that the document design adheres to established specifications. Check page numbering, column alignment, relative fonts, sizes, and other features of standard elements such as headlines, subheadings, captions, and footnotes. Inspect each type of feature within categories, such as looking at every headline, then every caption, and so on. 7. Proof Again Once revisions have been made, proofread the document again with the same thoroughness, rather than simply spot-checking the changes. An insertion or deletion may have thrown off the line count, for example. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Writing Basics category, check our popular posts, or choose a related post below:Direct and Indirect Objects41 Words That Are Better Than GoodIs "Number" Singular or Plural?
Wednesday, February 19, 2020
Various topics in paper included 2 Assignment Example | Topics and Well Written Essays - 500 words
Various topics in paper included 2 - Assignment Example There are certain ways through which an entrepreneur can come up with a business plan for an already existing businesses or a new venture (Jones & Jayawarna, 2013, p.1). For instance, an entrepreneur can consider using business simulation method to create its appropriate plan. One of the most common business simulations encompasses the SimVenture, which reflects reality and gives an entrepreneur the opportunity of the respective start up and how run own virtual business. SimVenture is commonly rampant among experienced entrepreneurs whereby it has proved to be extremely helpful to thousands of upcoming entrepreneurs (Jones & Jayawarna, 2013, p.148). In the assignment provided, it is evident that the Company mentioned is not successful; hence, using SimVenture to develop a new and appropriate business plan. In order to ensure the success of the Company, the most important issue that should be considered first is having the knowledge about the Finance, Marketing, Operations and HRM sectors of the Company. Through getting all the available information concerning these sections of the Company, then using SimVenture becomes much easier since one can now recognize the origin of the problem and where to put much focus. Looking at the financial sector of the company it is possible to note that there are high possibilities that the company is wasting away some of its finances. This is because, the Company is said to have had a regular sales income after trading for 8 months. This is evidence that the company is not making any considerable profit. Additionally, the Company has operated for the 8 months yet its sole employee still has no office. To mean, resources are not being well managed. Moreover, the Companyââ¬â¢s cash that is available in the bank is around à £8,500. Considering the HRM factor, it is evident that the Company has only one employee who has the responsibility of managing the Companyââ¬â¢s resources and the
Tuesday, February 4, 2020
America Essay Example | Topics and Well Written Essays - 750 words
America - Essay Example The idea of America brings to ones mind the picture of a land that promises liberty, equality and fairness, economic well being, innovation and most of all, individual freedom. The Statue of Liberty in a way depicts the idea of America. The Statue of Liberty stands for enlightenment and freedom from oppression. The inscription on the Statue of Liberty reads, "Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me. I lift my lamp beside the golden door." This very inscription shows how America is the place for all those who want to be free, it welcomes one and all. By viewing this skeptically one may wonder if this was only the way America was intended to be, or does even the common man today look at America the same way. Is the common American ready to welcome immigrants into his country with all his heart The common man views immigration more as a source of job loss, terro rism and inter racial unions. Making place for immigrants has its advantages and disadvantages. Immigrants bring variety into the country, they broaden the horizons. Can you imagine eating only burgers for the rest of the life instead of the varieties of Italian pastas, pizzas, Chinese noodles, sushi, Mexican tacos and the spicy Indian foods Hollywood movies wouldn't be the same without Al Pachino, Salma Hayek, Antonio Banderas or Jackie Chan. It's not just the food or films; without the eastern country's immigrants, America would be devoid of the eastern concept of spirituality. America sure follows a religion, but in spite of the existence of a religion, there are so many who can not find peace through religion alone. It was the eastern culture that introduced the concept of finding peace within oneself to the western world. Without the eastern immigrants, America would not even be aware of the existence of Deepak Chopra. One would have to travel thousands of miles to reap the benefits of Yoga or Tai Chi, wher eas today, it's available around the corner. The variety is not just in terms of spirituality, it holds good even for the materialistic side of life. As it is a well known concept that America is not a saving economy; it is a spending economy. In the recent years, the average household debt of an American has exceeded the average household savings. Immigrants from countries with a conservative approach may bear their influence on the American way of savings, even though to a very small extent. The economic stand on the issue of immigration is two sided. It is regarded as a boon so far as the immigrants set up their business in America and create more job opportunities, but on the other hand is considered a curse as the immigrants take away the opportunities otherwise available to an American. But looking at this issue with a broader view, one would realize that immigration whether an economic boon or a curse to America, sure is beneficial considering the economic progress of the wor ld in large. The developing countries especially need the business of America to progress on the path of economic development. Over the years, American society has been described in many ways, one of which is as the 'melting pot'. The early twentieth century debate about the 'melting pot' evolved as Jewish writers envisioned an America that might better accommodate Jews. Their historic experience as a minority prompted them to take the lead in
Monday, January 27, 2020
Fractional Distillation Process To Separate Organic Liquids
Fractional Distillation Process To Separate Organic Liquids Distillation is a very useful method of purifiying liquids. Simple distillation is used when a pure solvent is required to be obtained from the solution. This is usually water. On the other hand, fractional distilation is basically used for the separation of a mixture of two miscible organic liquids having different boiling points. A common example of two liquids that mix with each other are ethanol and water. Another example is petrol and paraffin. In this experiment, a mixture of acetone and toluene was provided. Basically, the liquid mixture was boiled to evaporate the liquid that had the lowest boiling point, referred to as the first fraction. The vapour passed up through a fractionating column, which is not used in a simple distillation. As the mixture vaopur passed up the fractionating column, it continually condensed and evaporated. This caused it to become increasingly richer in the liquid with the lowest boiling point until the vapour that reached the top consisted almost entirely of the component with the lowest boiling point. The vapour is then cooled in the condenser and so it condensed back to a liquid, which was collected, hence referred to as the distillate. When almost all the liquid with the lowest boiling point was distilled over, the temperature rised rapidly showing that a mixture of both liquids was distilling over. This should be collected in a separate container and discarded. Once the temperature reached the boiling point of the second liquid, the liquid was then distilled into another container. This basically explained the process of fractional distillation. However, there is a theory behind all this, because the process of distillation should be related in reference to an ideal liquid mixture where one is more volatile than the other. Regarding the mixture of acetone/toluene provided in this experiment, ideal behaviour was assumed and once the process was carried out, the more volatile liquid was found by finding the boiling point of each component. It was noted that the more volatile liquid was acetone since this had a lower boiling point. This was discussed further in relation to boiling point-composition graphs. 2. Method 2.1 Chemicals used Reagent: Grade: Manufacturer: Acetone GPR BDH Toluene GPR Merck 2,4-dinitrophenylhydrazine GPR Riedel de Haem Sodium hydroxide GPR Tinstar Iodine GPR BDH Dioxane GPR Aldrich A mixture of acteone (BDH, GPR) and toluene (Merck, GPR). 2.2 Apparatus Fractionating column, thermometer, 100 mL round bottomed flask as the distillation pot, glass beads, anti-bumping granules, cotton wool, tight clip, Leibig condenser with rubber tubings, heating mantle, connecting side-arms as part of the fractional distillation setup, retort stand with clamp, water supply, 10 mL and 100 mL measuring cylinders, electronic balance, test-tubes, distilled water. 2.3 Procedure Part a) The separation of the acetone/toluene mixture and the measurement of the boiling points of each. The apparatus for fractional distillation was set-up appropriately using a 100 mL round-bottomed flask, the fractionating column provided, insulated well with cotton wool. 50 mL of the acetone/toluene mixture was placed in the 100 mL round-bottomed flask. This was measured using a measuring cylinder. A few boiling chips or anti-bumping granules, which were small irregularly pieces of material, were added to the round-bottomed flask in order to allow prolonged boiling. The apparatus was clamped accordingly from the neck of the round-bottomed flask and checked to be balanced and well set-up before the heating mantle was switched on. Then round-bottomed flask was heated slowly using a heating mantle, until the reading on the thermometer reached a steady state and drops were observed to condense out of the Leibig condenser. This was the boiling point of the first fraction. This steady state temperature was recorded and the distillate was collected in a 100 mL measuring cylinder. The distillation was allowed to proceed until no more liquid got out of the condenser into the measuring cylinder. Then the volume of the first fraction was recorded. When all of the first fraction was distilled out, the temperature at the top of the column was observed to increase and then reached a second steady state, which was the boiling point of the second fraction. Drops of the second fraction were observed to start to condense out of the Leibig condenser. This steady state temperature which was the boiling point of the second fraction, was recorded. The second distillate was collected in a clean measuring cylinder and then its volume was recorded. Part b) The usage of two different tests for the identification of the liquid distillate having a carbonyl group. (acetone) 2,4-DNPH test was first carried out. 2-3 drops of the liquid to be tested were added to 3 mL of 2,4-dinitrophenylhydrazine, and shaken. Any observations and inferences were recorded. The iodofrom test was then carried out. 4 micro drops of the liquid to be tested were dissolved in 2 mL distilled water, in a test-tube. The drops were added carefully using a pipette. 2 mL of 10 % sodium hydroxide were then added together with 2 mL of iodine solution, which were added slowly by drops. The substance was insoluble in water and therefore 2 mL dioxane were added. This was done so that the substance dissolved. Any observations and inferences were then recorded. Each test was carried out twice, for each distillate. Diagram: The set-up apparatus for Fractional Distillation. Precautions It was ensured that the thermometre was positioned accordingly at the mouth opening of the Leibig condenser, where it indicated which fraction was being evaporated by noting the temperature readings. The thermometer position was very important because if the thermometer bulb was to be placed too high, the vapours would reach it before they pass into the side-arm to be collected, and the observed boiling point would be lower than it should be. If the thermometer bulb was to be placed too low, vapours of impurities might reach it, and a high reading for the boiling point range would be given. It was ensured that the fractionating column was filled and packed with glass beads, for maximum possible surface area for vapour to condense on. It was ensured that a joint clip was used and attached between the end of the condenser and the side arm so that there was complete attachment of the setup together and any spillage of the liquid distillate was prevented, but allowed to drop only from the side arm tube, where the vent was present. It was ensured that the Leibig condenser provided was set-up accordingly with opening below meant for water to be pumped in while the opening at the top meant for water to be pumped out, and vice-versa. Although water pressure transfers from a higher to a lower height, if the condenser had to be the other way round the liquid might not be cooled completely as it would only condense the top portion of the condenser. Therefore if the rest of the part of the Leibig condenser was not cooled, the liquid would might evaporate into gas again at the bottom part of the condenser. This explained the importance of correct set-up. It was ensured that as much of the second fraction as possible was collected, however at the same time care was taken so as not to allow the distillation pot, i.e. the 100 mL round-bottomed flask, to boil dry otherwise the residues might ignite or expode. It was ensured that anti-bumping granules were used. These were placed in the 100 mL round-bottomed flask with the 50 mL of the acetone/toluene mixture. The granules were important since they allowed prolonged, smoother boiling without bumping and continuous even formation and release of vapour bubbles were observed. It was ensured that cotton wool was used so that the whole fractionating column was completely wrapped and covered for insulation or lagging. This was important so that the apparatus remained as warm as possible and excessive cooling was avoided, but occurred very slowly. It was ensured that parallax errors were avoided as much as possible by looking normally to the scale of the measuring cylinder were when taking readings of the volumes of liquids, or when taking temperature readings from the thermometre. For safety measures, it was ensured that care was taken when distilling organic solvents in order to avoid explosions and fires. Hence, it was ensured that the vapour did not come into contact with flames, sources of sparks or very hot surfaces such as hot plates. It was ensured that the apparatus was not completely sealed. A vent in the system was required so as to prevent pressure build up in the system as heating was carried out. Otherwise the apparatus would simply blow apart. Therefore, for safey measures, it was ensured that heating in a closed system was avoided. 3. Results Volume of acetone and toluene mixture used was: 50.0 mL Observations Inferences from the 2,4-DNPH test A red-orange precipitate was formed. This positive result means that a carbonyl group, was present in the formula of the substance. No precipitate was formed. The substance contained no carbonyl group, in its formula, hence a negative result was obtained. Observations Inferences from the Iodoform test A pale yellow precipitate was formed. This means that the substance contains a in its formula, hence it gave a positive iodoform with an antiseptic smell. No precipitate was formed. No group was present in the formula of the substance, hence a negative result was obtained. Suspected Identity of Fraction 4. Discussion: At any given temperature a pure liquid in a close container will establish an equilibrium with its vapour: liquidvapour The equilibrium vapour pressure above the liquid will depend upon the temperature. Considering mixing two liquids in different proportions, Raoults Law states that for an ideal mixture at a fixed temperature, the vapour pressure of each component is proportional to its mole fraction. This means that the graph of the vapour pressure of each component against its mole fraction will be a straight line passing through the origin. Considering the case of two volatile liquids, as in this experiment, each of which contributes to the total vapour pressure, by Daltons Law of partial pressures it is known that the total vapour pressure of the mixture is the sum of that of the components and this will also give a straight line when plotted against molar composition. Therefore it could be said that it is more convenient to plot boiling point of the mixture against molar composition. The boiling point of a liquid is the temperature as which its vapour pressure reaches the external atmospheric pressure. Since the less volatile component will have the highest boiling point, being toluene in this case, the vapour pressure curves in figure 1 lead to boiling point-composition graph as shown in figure 2. Two curves were drawn in this diagram since the liquid mixture and the vapour in equilibrium with it do not have the same composition. The vapour will always contain a higher proportion of the more volatile (lower boiling point) component. This difference in composition between the liquid and vapour phases in equilibrium enables such a liiquid mixture to be separated by disitllation. To separate a liquid mixture which obeys Raoults Law, one must repeatedly distill, i.e. boil the liquid and condense the vapour. This is fractional distillation, and rather than carrying out each stage separately, it is convenient to use a fractionating column designed to allow many such steps to occur simultaneously. Fractional distillation is widely used in industrial chemistry for separating mixtures of miscible liquids which boil at different temperatures. For example pure oxygen, nitrogen and noble gases may be obtained from liquid air by fractional distillation. Another example is the hydrocarbons in crude oil which can be separated into useful fractions. In order to discuss the results obtained, one should say that these were clearly explained in the table of results tabulated. It was observed that the boiling points measured were very reliable since these were checked using the organic compounds database website, maintanied by Colby College and the components of the mixture provided i.e acetone and toluene were listed. One should say that there were many readings, as can be observed from the table of results, where the temperature remained constant as more drops of distillate were collected.This confirmed the boiling point of the organic liquid. Some modifications could be made for the procedure of the fractional distillation process. For instance, rather than using a fractionating column packed with glass beads to give the maximum possible surface area for vapour to condense on, a fractionating column with spikes of glass sticking out from the sides could be used, and this would serve the same purpose. Sources of error Once the temperature on the thermometre was observed to rise rapidly, this meant that a mixture of both organic liquids were distilling over. Hence, these few drops should have been collected in a separate container and discarded since they did not consist of an individual liquid. However, this was not done. Hence the volume of the first fraction (acetone) collected was slightly greater than it was supposed to be and was not of the pure organic liquid but had some drops of the second fraction (toluene) in it. this is the container was replaced once the temperature was raised. The thermometer was repeatedly being moved up and down when the temperature readings were taken. This is because some of the scale was hidden by the set-up itself. This movement of the thermometre might affected the results slightly because the boiling temperature range obtained might varied a bit due to this action. 5. Conclusion: It was concluded that fractional distillation was carried out and therefore separation of two organic liquids acetone/toluene mixture occurred. It was also concluded that the boiling point of each component was found and tests on each liquid component, once distillated and separated, were carried out in order to prove the identity of the component.
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