Saturday, August 31, 2019

Punishment or Treatment: What are our prisons for? Essay

INTRODUCTION   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Today, we always hear news about crimes being committed by many people. Moreover, those people who commit crimes tend to offend again their previous criminal acts.   The repeating of doing such criminal act is known as recidivism. Specifically, recidivism is the term used when someone, who after receiving a punishment or negative consequences of the criminal behavior, repeat his or her criminal behavior. Due to the alarming increase in recidivism cases, policy makers in a given country try to find out what will be the best option or solution that will help in decreasing the number of criminal cases and one of their options is the implementation of punishment or what they call deterrence and the other method is rehabilitation. Deterrence had been a hot issue regarding on its ethical background and most especially its effectiveness in counterattacking recidivism. Many said that it is not effective in its sole purpose. They added that there are other ways to prevent an individual in committing crime again other than forcing those individual to be punished by law. But there were studies that concluded deterrence to be an effective tool in decreasing crime rate among crime violators whether the deterrence is specific or general. The most popular form of deterrence is imprisonment. Imprisonment brings fright to those possible committers. And this limits them to do crime again because deterrence brings bad experience to those who were found to have committed crime. OBJECTIVE The main audiences of this paper are the policy makers that are concerned on recidivism issues. Lawmakers will make certain policy that will guide these offenders and will treat them offenders. The said audience is not limited only to policy makers but also to those people like parole and rehabilitation officers who assess and guides these criminal committers in their probation program. This paper will try to analyze recidivism occurrence. This paper will have a deep analysis on the reasons why people tend to commit again their previous criminal behavior given that they were already given the right treatment and appropriate consequences to extinguish that behavior. The paper will not only tackle recidivism but also take a look on the current situation on the policies and actions given to those people who commit criminal acts again. Potential intervention to reduce the risk of recidivism will be one of the focuses of this paper. The effectiveness of the current actions will be emphasized as it will serve as a guide to the people who handle this kind of issue. The paper will compare deterrence and rehabilitation as the two most popular solutions and actions when dealing with recidivism. Is longer deterrence and rehabilitation will lead to minimize recidivism or will just increase the repeating of undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior? The paper will try to answer all these questions to enlighten and give knowledge to the proposed reader of this paper. III. REVIEW OF RELATED LITERATURE Recidivism and Deterrence In legal terms, deterrence and recidivism are two common terms used. These two terms have many meaning and it depends on the field that the two terms were utilized. Recidivism is the act of returning to the offense that was previously committed. It is the repetition or habitual committing on crimes. The word originated from the Latin word recidÄ «vus which means recurring. The said term is usually used in criminology. An example of recidivism case is when a sexual offender person who after release from prison does again sexual harassment. Recidivism does not only include sexual harassment but also other form of criminal acts. Recidivism rate has been a major problem of different countries and solution to the increasing rate on recidivism is being done (Maltz, 2007). Recidivism Theories After discussing recidivism, the next topic to talk about is the theories behind recidivism. The theories that will explain the occurrence of recidivism are: Anomie, Differential Association Theory, Deviance theory, Labeling theory, Rational Choice theory, Social Control theory, Strain theory, Subcultural theory and Symbolic Interactionism (Clarke & Felson, 1993). Anomie pertains to the condition malaise or depression of an individual. Depression is the result of minimal guidance set by the governing and ruling body of a country. It is the lack of rules and regulation, standards and values that hinder criminal behavior. When the term anomie is applied in a government, it means social unrest or turmoil. The term anomie is synonymous on normlessness. It means that a person in a society will react against from the social norms which are guided by the set of rules and standards of a given society. Anomie focuses on the social issues rather than on the individual reason why there are such incidences of recidivism. This theory emphasize that the society has big responsibility in molding and guiding every citizen in the right path. On the other hand, Differential Association theory is almost synonymous to anomie. The said theory was developed by Edwin Sutherland. According to Sutherland, differential association can be seen when a person is being affected by the people around him. That person learns the values of the values, attitudes and behavior of the people around him to do criminal behavior. Thus the society around an individual has big impact on the possible recidivism (Clarke & Felson, 1993). Deviant behavior is also a possible answer why people tend to engage in repeating criminal acts. When a person displays deviant behavior, he is more likely to commit crimes. He does not know nor follow rules in a given society (Clarke & Felson, 1993). Labeling theory is another aspect to look in understanding recidivism. In this theory, the person’s deviant behavior is being affected by the people around him because these people try to categorize or label him as a person with abnormal behavior. The society dictates and classifies a person which can include the deviant behavior (Clarke & Felson, 1993). Looking on the psychological aspect of a person with recidivism case, he or she may have some problem that cannot be resolved easily. Thus, his brain may not function well. That person will try to commit undesirable acts like crime. This is the main point of rational choice theory, in which the person weighs means and ends and makes rational decisions (Clarke & Felson, 1993). Another theory that has relation to deviant behavior is the Social Control theory. The theory hypothesizes that deviant behavior if a person is a result of the dissatisfaction in a society. The person will break laws as a sign of grief. On the other hand, the Subcultural theory states that within a society, there is a group of person that has natural deviant behavior. If these people meet together, then they will find comfort with each other because they have the same feeling when doing deviant acts (Clarke & Felson, 1993). And the last theory will be the Strain theory. In criminology, the strain theory states that social structures within society may encourage citizens to commit crime. When the structure of the society inhibits the needs of a person, there is a big possibility that this person will commit unnecessary behavior like crimes (Clarke & Felson, 1993).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   For the past few years, the recidivism rate in the United States had a significant increase. Given the figure below, we can see that between 3 years, the number of recidivism in the country in 1994 within the 15 states had increased to 70% which is higher than the year 1983 which had a record of 60%.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   According to the Office of Justice Program, OPJ of the United Stares, 67.5% of prisoners released in 1994 were rearrested within 3 years, an increase over the 62.5% found for those released in 1983. The figure also shows that, all the crime categories had a relevant increase from 1983 to 1994. The property offenders, drug offenders and public-order offenders had increased from 68.1% to 73.8%, 50.4% to 66.7% and 54.6% to 62.2% respectively.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Moreover, OPJ emphasized that in the year 1994, recidivism rate within 3 years was estimated to be 51.8% of prisoners released during the year were back in prison for the reason of a committing fresh crime for which they received another prison sentence, or because they were not able to follow the regulations of their parole. Figure 1. Recidivism rate in 1983 and 1994 Deterrence   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   For this paper, two topics regarding on the correctional methods will be focused and these are deterrence and parole and probation. These two methods differ with each other in terms of the process and principle being employed. The former believes that correctional means can be attained and achieved when punishment or negative consequence is applied in the crime committer while the former consider the rehabilitation and education of prisoners. Another term which has relation on recidivism is deterrence. Deterrence is the act of providing necessary punishment on those who commit crime. The degree of the punishment depends also on the degree of the crime that was committed (Maltz, 2007). There are two forms of deterrence, the specific and the general. The former describes deterrence as punishment given only to the individual who committed the crime while the latter describe deterrence as punishment on the general audience. Specific deterrence is also known as individual deterrence. The general deterrence focuses on general prevention of crime by making examples of specific deviants. The individual actor is not the focus of the attempt at behavioral change, but rather receives punishment in public view in order to deter other individuals from deviance in the future. Deterrence as a major tool in lessening recidivism rate gained many criticisms about its effectiveness. Many said that deterrence, whether it is specific or general, is not effective in decreasing the crime rate in the country. Some studies regarding on the effectiveness of deterrence found that violators are not afraid on the punishment, but rather they are more afraid on the act of caught. Usually, the offenders are the drug and alcohol abusers. This result was supported on the findings on areas where surveillance cameras were introduced. Possible violators were afraid to be caught from the surveillance cameras thus lowering the rate of crime cases. General deterrence has also been heavily criticized for relying on publicity of heavy punishments; it has been described as â€Å"the least effective and least fair principle of sentencing†. Other countries like the Great Britain believe on rehabilitation procedure rather than deterrence. Deterrence Theory But why deterrence is still being implemented in many criminal procedures? To answer this question, it is better to examine the principle behind the use of punishment to eradicate crimes. In behavioral psychology, deterrence is theory on introducing punishment for those who violated the law. Today, United States is adopting and implementing this practice in their criminal justice procedure. The principle behind the use of an iron hand for those who committed crime is that, the violator will be afraid when introduced to punishment and will refrain from doing it again. Deterrence: Effective or not? This paper will try to analyze the effectiveness if deterrence in minimizing the crime rate or the recidivism among countries. Also, the two types of deterrence, specific and general will be examined. There were many studies were conducted to address the problem in the rise of recidivism. Part of the studies was the implementation of punishment among the violators. The studies analyze procedure on the implementation as well the effectiveness of the said procedures. According to the study that was made by National Institute on Alcohol Abuse and Alcoholism, punishment among violators on individuals who are apprehended for driving under the alcohol influence (DUI), driving while intoxicated (DWI), or related offenses such as driving after suspension for a DUI and violation of zero tolerance laws found that giving them a sanction is effective in doing the said crimes again. As a matter of fact, many policy makers use punishment to control the rise of crimes on their countries. They developed laws that will hinder in doing offense or any unlawful act. People are afraid on the punishment like going to jail. The principle behind the use of any kind of punishment is the inculcation or realization of the bad experiences from punishment (Henry, 2003). Specific deterrence has a positive effect on the decrease in the rate of crime cases. An individual will think again if he or she will do the crime again after the individual had a bad experience of the punishment he or she received earlier. This will make the potential offender afraid on the possible sanction he may incur and will also produce doubt in doing the crime again (Martin & Ellis, 1998). General deterrence also produce a positive effect in relation to the lessening the crime rate in a given place. People will have an idea on the proposed sentence or penalty. The most popular example of general deterrence is going to jail. The media will broadcast the bad condition of a person in a jail. According to studies, jail imprisonment is more effective as a general deterrent, but it appears to be no more effective as a specific deterrent for reducing DUI recidivism than other sanctions, and it is far more costly (Martin & Ellis, 1998). Another form of deterrence is the administrative license suspension or any other criminal records that will be a problem is any job employment. When a person committed a crime, he or she will have criminal record and when this person will apply for a job, the company he or she is applying will need a criminal clearance, if in United States, an FBI clearance. When the person applying for the job had a criminal record, the company will hesitate to employ the said individual. This form of deterrence had created an impact in the reduction of recidivism (Martin & Ellis, 1998). To strengthen the argument on the effectiveness of deterrence when it comes to the elimination of recidivism, another study was conducted to determine the effect of the length of imprisonment to the number of law violations.   According to Weinrath and Gartrell (2001), they concluded that sentence length exerted consistent deterrent effects on repeat drunk driving, even for chronic offenders. While in a shorter jail imprisonment, the offenders that will be imprisoned at shorter time were more likely to repeat their habitual crime commitment. This finding will strengthen the evidence on the argument that deterrence is an effective tool in lessening the crime rate in a given place ( Weinrath and Gartrell, 2001). Moreover, longer deterrence has positive impact in lessening recidivism rate. Another classification of deterrence is the severity and strictness. According to Henry (2003), mild punishment tends to have positive effects on decreasing recidivism while those severe consequences produce negative effects. Psychological research on punishment in has shown that mild punishment can be effective in changing behavior and is dependent on the frequency, immediacy application and with positive reinforcement of pro-social behavior. On the other hand, severe punishment will only lead to avoidance or escape, alienation of those punished, and aggressiveness. Parole and Rehabilitation   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There are many possible causes why recidivism is present in our society. One is the problem in their family. When the parents of the family are not around in their home or a broken family, these are possible factors. The most prone to commit recidivism that is results on the minimal parental guidance are the youth or juvenile. The juveniles are not being monitored on their activities. This kind of family structure is not good for a child because juveniles has a low self control especially when encountering serious problem like family problems, they tend to break and to escape to the problem, they break the laws and norms of the society. In this period, they are engage in drinking alcohol and drug abusing. There will come a time when they will repeat the crime they had committed before.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Problems in their schooling are other factors that contribute to the increase in juvenile recidivism cases. If a child experience failing grades or does not do well in class, the child will find a way to escape on their problems and this may lead to juvenile delinquency activities.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Another major cause of recidivism among is the social factor. This can be explained when a person experienced racial discrimination, sexual harassment, abandonment, physical abuse and neglect. The society may dictate what an innocent person can do. If a person is surrounded by criminal incidences, that person may be influenced by these wrong doings. This is somewhat related to peer to peer relation. If group of people has engaged in wrong doing like alcohol drinking, drug abusing, the innocent person may be influenced. (Roberts, 2000)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Because of the alarming news and impact of recidivism in the society, the government of United States made a program to lessen the impacts and cases of reoffending of criminal acts in the society. Lawmakers made a response to these issues. They made laws and policies that will eliminate recidivism cases in the society. Children who commits the case were been rehabilitate in a rehabilitation center to put in to realization the crime they had committed and how to escape from the disorder of their behaviors.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Parole and probation are both part of the rehabilitation program made by lawmakers. Dressler (1959) defined parole as the release of the delinquent outside the rehabilitation center under supervision of a parole officer. The offender had undergone rehabilitation in a correctional center. The word parole was in the French language is defined as promise and in dictionary context it is word of honor. The release is conditional and the behavior of the delinquent is being monitored. While probation is the release of the delinquent to the community in which he can rehabilitate his behavior better. Like parole, the offender’s behavior is being monitored by the probation officer. The word probation comes from the Latin language meaning a period of supervision and guidance. Probation in church term means the period were a person is seeking in the entrance to the church.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In a rehabilitation center, probation is a treatment where the offender will have the chance to have socialized in a community. Probation and parole programs are being handled by the court members.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The delinquent under parole program had stayed in the rehabilitation center. Both parole and probation programs are made to change the behavioral problems of the offenders. They believe that rehabilitation can be made better to the offenders if they stay in a community than staying in prison. In the parole program, offenders are given the second chance to change their behaviors, as well in the probation program. The offenders tend to learn their lesson after they undergone in this two programs.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Torbet (1996) said that probation or parole program on recidivism cases has been overwhelming dispositional decision of court judges. Almost half of the recidivism cases were made to probation or parole program. Torbet said also that probation is the roughest sanction that the offender can received. At the end of 80’s decade, Whitehead and Lab (1989) made a meta analysis on the effects of probation or parole treatment on the behavior of the juvenile delinquent and concluded that probation programs lessen the recidivism of the offender.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In 1992, Lipsey released another meta analysis study regarding on probation or parole programs. The result also showed that recidivism was lessening on juvenile delinquent when probation is granted to them than those in comparison group. In 1998, Lipsey together with Wilson conducted another Meta analysis study on the effects of serious juvenile delinquent cases to probation program. The result also showed that probation lessens the cases in recidivism. The results also suggest that there are many variations on how the probation program is being worked.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Some studies had been conducted to determine the effects of the duration of probation programs to recidivism. Wooldredge in 1998 found that the longer the time of probation the greater are the incidence of recidivism. Longer duration made the offenders to have impatience and disrespect on the probation officers. Wooldredge concluded that two years of supervision is the ideal duration for a probation program.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Another study was conducted by Sontheimer and Goodstein (1993) to find out how intensive probation aftercare programs lessen the occurrence of offending using random assignment. And the result showed that it does not lessen the occurrence that the offender will commit again juvenile crime. Parole and Probation; Effective or not?   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Effective response on recidivism cases is a key to minimize the occurrence of the said cases.   Effective intervention on the possible causes of recidivism cases and the proper management to the offenders is the first step in reducing the reoffending of crime cases.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Studies show that effective intervention reduce the recidivism rate. The effective intervention has a significant effect on recidivism rate. It made a 6% reduction from the previous cases. (Lipsey, 1992)    References: Clarke, R. V. and M. Felson   (1993). Advances in Criminological Theory, Vol 5. New   Ã‚   Brunswick, NJ: Transaction Books. Dressler, D. (1959). Practice and Theory of Probation and Parole. Henry, S. (2003). On the Effectiveness of Prison as Punishment [Electronic Version]. Retrieved April 15, 2008, from http://www.is.wayne.edu/stuarthenry/Effectiveness_of_Punishment.htm Lipsey, M. W. (1992). Juvenile delinquency treatment:Ameta-analytic inquiry into the ariabilityof effects.: New York: RussellSage Foundation. Maltz, M. D. Recidivism. (2007). [Electronic Version]. Retrieved April 15, 2008, from http://www.uic.edu/depts/lib/forr/pdf/crimjust/recidivism.pdf Martin, S. E., & Ellis, E. (1998). EFFECTIVENESS OF STRATEGIES FOR PREVENTING DUI RECIDIVISM [Electronic Version]. Retrieved April 15, 2008, from http://grants.nih.gov/grants/guide/pa-files/PAS-99-023.html Roberts, C. H. (2000). Juvenile Delinquency: Cause and Effect. Yale-New Haven Teachers Institute, II. Sontheimer, H., &Goodstein, L. (1993). An evaluation of juvenile intensive aftercare probation: Aftercare versus system response effects. Justice Quarterly,. Torbet, P. M. (1996). Juvenile probation: The workhorse of the juvenile justice system. Washington Weinrath, M., & Gartrell, J. (2001). Specific Deterrence and Sentence Length. Journal of Contemporary Criminal Justice, Vol. 17(2, 105-122 ). Whitehead, J. T., &Lab, S.P. (1989). Ameta-analysis of juvenile correctional treatment. Journal of Research in Crime and Delinquency, Wooldredge, J. D. (1988). Differentiating the effects of juvenile court sentences on eliminating recidivism. Journal of Research in Crime and Delinquency.

It was in 2002

My Mom was driving me and my sister to my grandfathers house, it was a bit foggy, I must have been like 500 feet from the house when I was hit. You see, there is a main road the has a small gravel road come off of it, my Mom turned the car to branch off onto the gravel road, when a drunk driving a volunteer fire truck slammed into the side of our van – the side I was sitting in. Our van flipped into a ditch on the side of the road, and the truck was hardly damaged, I guess the gate openers on the front of the tuck helped. Mom started getting really scared that the van would blow up. Se pushed herself out of the car, and got my sister and I out of the car. My sister had a gashed knee, and I had a cut neck and a broken clavicle. The owner of the house we crashed in front of must have heard the accident and helped, I remember someone put us on their flatbed and helped get the broken glass off of me and my sister. I'm sure it wasn't the volunteer firefighter, he was busy fiddling with our van. A cop showed up, then an ambulance, then a tow truck.Now here's the sick part, the cop saw the volunteer firefighter go in our van and turn off the lights, then he walked over to the cop and tried to tell him that our lights were not on when we had the accident- he was obviously drunk. The firefighter was taken to the police station, and he was somehow let go. I can't remember very well but he was arrested a year later for another drunk driving thing, I heard this from the cop, he was our friend. But yeah, that's my story, if you want to hear more of what happened, um do something. I will be checking in forever so yeah. Bye.

Friday, August 30, 2019

Case on Law of Quantum Meruit

Case Analysis Puran Lal Sah versus State of UP Submitted by – Aseem Agarwal (12PGPIM04) Nitin Gupta (12PGPIM21) Rahul Jain (12PGPIM24) Saumitra Das (12PGPIM28) Nishant Shah (12PGPIM29) Supreme Court of India Puran Lal Sah vs State Of U. P on 21 January, 1971 Equivalent citations: 1971 AIR 712, 1971 SCR (3) 469 Bench: Reddy, P Jaganmohan PETITIONER: PURAN LAL SAH Vs. RESPONDENT: STATE OF U. P. DATE OF JUDGMENT 21/01/1971 BENCH: REDDY, P. JAGANMOHAN BENCH: REDDY, P. JAGANMOHAN DUA, I. D. CITATION: 1971 AIR 712 1971 SCR (3) 469 1971 SCC (1) 424 ACT:Contract-Claim on basis of Quantum Meruit – When sustainable Brief Facts of the Case The Public Works Department of the State of UP had issued a tender notice to construct Mile 3 of the Nainital – Bhowali Road. They published Schedule B rates based on the calculation that stone would be available within 26 chains. The appellant inspected the site and found that there was stone available for construction within 26 chains. Satisfied he submitted a tender at 13% below the rates given in Schedule B on 30th September, 1946. Finally the tender was accepted and contract signed on 20th November, 1946.However when the appellant tried to take stone from the specific area, he was stopped by Cantonment authorities. Furthermore he was not given permission from the Cantonment authorities for the removal of stones. As a result he had to get stone from Gadhera and Bhumedar from a distance of 79 and 110 chains respectively. Also during the construction of the road he encountered very hard shale rock that wasn’t mentioned in the contract as result of which he had to do some extra work. He requested for a higher rate from PWD but was rejected.After that he commenced the work, finally when the work was finished the Executive engineer forwarded his request for a higher rate. In his letter dated 15th June 1950 he mentioned that since the appellant was unable to get the stone from within 26 chains and had to bring it from outside, he is entitled to get extra compensation. Under para 5 of the contract the appellant must be prepared to execute the work at original tender rate in excess of the given quantities of work upto 30 % and if he works in excess of 30% he is entitled to refuse the work if the rates are not increased.Since the appellant worked in excess of 30% he claimed a higher rate of payment for this extra work – Rs 48,840 due as balance together with interest by way of damages at 12% amounting to Rs 17,582 making a total of Rs 66,422. When this claim was rejected the appellant gave notice under Section 80 of the CPC and filed a suit for the above amount. The defendant-respondent resisted the suit due to 3 reasons – 1) No assurance was given to the appellant by officers of the PWD as alleged by them. ) Quantity of very hard shale rock shown by the appellant was false. 3) Under para 5 of the contract the appellant must be prepared to execute the work at original tender ra te in excess of the given quantities of work upto 30 % and if he works in excess of 30% he must intimate to Engineer-in-charge in writing his willingness or refusal to do extra work at original rates and if he refuses to carry on at the original rates he is required to settle fresh rates for increased work over 30% before doing the work.The appellant did no such thing but continued to work even after it went in excess of 30%. The trial court held issues 1, 2, 6 and 7 in favour of the appellant while issues 3, 4 and 5 were decided against him. As a result a decree for a sum of Rs 20,495 for extra lead plus Rs 1,653 for extra work done under the item very hard shale and Rs 4,155 interest by way of damages on Rs 22,158 making it a total of Rs 26,313 was passed with interest at 3 per cent per annum. The High court however reversed the decree for 2 reasons – ) Employment of the figure 26 chains was for no other purpose that that of calculation, it could not be held give any assura nce/guarantee to the contactors that they would get stone within the distance. 2) Plaintiff – appellant performed the work required of him without exercising his right under para 5 of the contract which gives him right to demand fresh rate in due of excess work done by him above 30 %. The appeal of the respondent was allowed and the suit dismissed. The case was taken for trial in the Supreme Court and the judgement is as given subsequently.Issues There were two main issues. 1) Whether the estimate of the PWD formed part of the contract so as to be binding on both parties and whether any assurance were given to the appellant that he would be given higher rates from bringing the stones from places situated at 79 chains and 110 Chains respectively. 2) Whether clause 5 of the special conditions of the contract was applicable to the extra item of work and whether he was entitled on the assurances given by the local officers to higher rate for the extra work done. Judgement ) a) In -none of the clauses of the tender notice or conditions of contract or in any other document was there any assurance that if stone was not available at the distance of 26 chains the appellant would ‘be paid higher rates. It was for the appellant to have satisfied himself before entering into the contract that the Cantonment authorities would permit him to take the stone. Since be commenced work after his request for higher rate was rejected, it could not be said that the appellant was in any way induced by any assurance. The Executive Engineer’s letter was only recommendatory and did not establish any right to obtain a higher rate. ) It could not be said that once stone was not available at a distance, of 26 chains, the contract was at an end and that because the appellant had done the work, he should be paid on the basis of quantum meruit. That remedy would be available only when the original contract had been discharged by the defendant in such a way as to entitle the plaintiff to regard himself as discharged from any further performance, and be elects to do so; but, where work is done under a contract persuant to its terms no amount can be claimed by way of quantum meruit. Adopi Parshad & Sons.Ltd. v. Union of India, [1960] 2 S. C. R. 793, followed. 2) The appellant could not succeed on second point also because under clause 12 of the contract Ext. B-1, the plaintiff was bound to perform additional work up to 30% on the same terms and conditions on which he undertook to do the work. The quantity of work that appellant performed was far in excess of what was mentioned in Ext. B-3. The Appellant therefore claimed payment for the work done by him in excess of the quantity mentioned in the contract plus 30% at the current rate as against the stipulated rates.Para 5 of the special instructions provides as follows: â€Å"Contractors must be prepared to do at their original tender rate in excess of the given quantities of work up to 30%. If an increa se in excess of 30% is ordered over the work, the contractor must intimate in advance his willingness or refusal to work at the originally tendered rates. In the latter case, he should also settle fresh rate for increases work over 30% before doing the work. Since there is no evidence nor it is claimed by the appellant that he had given any notice as required under Para 5 of the pecial instructions and since he did the work without fulfilling these requirements he is not entitled to claim any amounts at a higher rate for extra work done. Sections/Acts Sec 73 Indian Contract Act, 1872: Compensation for loss or damage caused by breach of contract. – When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likel y to result from the breach of it.Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach. Compensation for failure to discharge obligation resembling those created by contract – When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract. Explanation. In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused- by the non- performance of the contract must be taken into account Contract Claim on basis of Quantum Meruit The term â€Å"quantum meruit† means â€Å"as much as is merited† or â€Å"as much as earned†. It provides that where a person has done something or rendered some service for a nother, or delivered goods to him not intending to do so gratuitously, then he is entitled to recover a reasonable sum in case the contract has not been fully performed.Grounds for Claiming on the basis of quantum meruit: a. Work done in pursuance of a contract which has been discharged due to the defendant. b. Where services are rendered under an agreement which is discovered to be void. c. Where a person enjoys the benefit of a non-gratuitous act (Section 7). d. Where the contract is divisible and the party has enjoyed the benefit of the work done. Limitations: a. Where a contract requires complete performance. b. A person who is himself guilty of breach cannot sue on quantum meruit. . Any claim upon the basis of quantum meruit cannot be entertained unless there is evidence of an express or implied promise to pay for the work which has already been done. Others Cited Cases Alopi Parshad and Sons v. Union of India – This case was cited for the help to understand the present case for the interest as Damages or interest on damages. Case mentioned that the compensation on the principle of quantum meruit is awarded for work done or services rendered when the price thereof is not fixed by contract.It means when there is express term of an agreement the quantum meruit will not apply. As there is agreement and rates are fixed there cannot be any implied contract as express contract is present. Thus compensation quantum meruit cannot be awarded. Conclusion Quantum Meruit: The general rule is that unless one party has performed his obligation in full. He cannot claim performance from the other. However in certain cases, when one party has done some work under the contract and contract gets discharged due to some reason (not because of the party which has done some work).He is entitled to be paid for the work he has done. This is the principle of quantum meruit which means â€Å"as much as merited or earned† References: 1. Bansal, C L. (2006). Business an d Corporate Laws. New Delhi, India: Excel Books. 2. Puran Lal Sah vs State Of U. P. Retrieved from http://www. indiankanoon. org/doc/1394427/ 3. Section 73 in The Indian Contract Act, 1872. Retrieved from http://www. indiankanoon. org/doc/339747/ 4. M/S. Alopi Parshad & Sons, Ltd vs The Union Of India. Retrieved from http://www. indiankanoon. org/doc/1989300/

Thursday, August 29, 2019

Subway (sandwiches) going to Norway Essay Example | Topics and Well Written Essays - 500 words

Subway (sandwiches) going to Norway - Essay Example The kingdom of Norway is the second least densely populated country of Europe. It is a population of approximately 5 million people but it holds top global rankings in various industries. Norway is the fifth largest oil exporter, third largest natural gas exporter and second largest exporter of seafood. (Norway considers avenging Chinese bullying, 2012) Let us conduct SWOT analysis of Norway as the potential target market for expansion. Norway is blessed with stable labor force, technological development along with natural resources which provide suitable environment for businesses. However, entrepreneurs find some difficult to target the niche audience. There is emphasis on small enterprises. The high per capita income is considered as bonus point for businesses. There is a big export potential and there are several opportunities to exploit them. However, there are few strict regulations which go against the businessmen and it serves as threat for businesses. (Norway considers avenging Chinese bullying, 2012) Now, let us consider the expansion of Subway chain in Norway. Subway is one of the fastest growing restaurants in the world which has more than 36000 franchises in 100 countries of the world. Norway can be the potential market for Subway. The largest export client of Norway is United States of America and it has got comparative advantage over it. The largest export item of Norway is fossil fuels products for U.S.A and it also exports petroleum products, telecommunication equipment, natural gas, military equipment, steel manufacturing materials and much more. Subway will extend its business to Norway in next year. It will conduct market research to understand the competition and nature of investments required to achieve its objectives. Then hire the best people or sign franchising agreements with locals to achieve maximum economies of scale and ease of doing business. Most of the

Wednesday, August 28, 2019

Tiny houses Essay Example | Topics and Well Written Essays - 500 words

Tiny houses - Essay Example The film centers around Christopher Smith, who decided to build his house in the spring of the year 2011. At the onset of the movie, Smith describes that his motivation for building the house was because he did not have a ton of money to use in bigger constructions, therefore, considered a financial independence. He points that similarly, the people who built their small houses had the same motivation. For instance, interviews with the tiny house personalities like Jay Shafer, Tammy Stroebel, Deek Diedricksen and other healthy people who chose to live in as tiny as 84 sq ft dwellings (Mueller and Smith). Despite the aesthetic and the value design of the living small houses, the primary motivation that the luminaries gave was on financial independence. As Shafer notes of the tiny life, â€Å"the principal asset is freedom.† Therefore, with a lower overhead, lack of room for extraneous purchases, makes the tiny house life inexpensive that the residents allowed and left to live the way they prefer (Zeiger and Ngo 105). The prime motivation of people to live in the communes, squats, tent cities, Eco-villages and the sustainable housing is derived from the desire reap the physiological benefit. In accord, a desire to reduce one’s physical footprint on the natural environment. The physiological benefit realized lies on one’s peace of mind and a feeling of contentment. A sense of self-satisfaction in the movie is whereby each household involves itself in the act of small house construction. One, therefore, feel contented in doing something constructive that ends up creatively designed and has a twin benefit to the society. More intricate, from the point that a woman can do a task and be as significant as their male counterparts in constructions, is something of significance. For instance, in the film, we see the buildout of Smith assisted by his girlfriend, Merete Mueller. Therefore unfolding the gender

Tuesday, August 27, 2019

Five filsm of Martin Scorsese Essay Example | Topics and Well Written Essays - 250 words

Five filsm of Martin Scorsese - Essay Example Everything in his work, from his narrative construction, editing, how he directs his actors, all the way to his set design, sound, music, is in perfect harmony. (Casillo & Robert, 90) The Age of Innocence, for instance, looked like a doomed project in the beginning. It provoked fears of failure to live up to the solid and worthy but essentially boring literary adaptations of its time. It however became a golden piece of art, film and refinement, alive in all of its being. (LoBrutto & Vincent, 56) He brings out the much-heated issue of violence in the other three films. He seemingly presents it in two ways .One is to refusing to show it, but always locating it just off-screen. He manages to leave us free to exercise our imaginations and experience the horror, in a way that modern Hollywood does not. Second is by making it as explicitly disturbing as it can possibly be that it is impossible for anyone except the advanced criminal to enjoy it. This is Scorseses back then. (Wernblad & Annette, 67) These methods are however not evident in his most recent work. It was however, still possible to enjoy the violence in Taxi Driver, because of our strange relationship to the main character, but for GoodFellas or Casino, it is a different story. A notable characteristic of his soonest films is the distance he establishes between his audience and all his characters. Identification is hardly a component of the films as it if it flickers only sporadically. (Martin & Richard, 45). The roots of this influential director run deep in the film industry. Martin Scorsese received the title â€Å"directing god† from Roger Ebert, a movie critic. A fellow director, George Lucas has termed him the most influential and best director of their

Monday, August 26, 2019

Reflection Paper Essay Example | Topics and Well Written Essays - 750 words - 3

Reflection Paper - Essay Example It is known as industrial organization, and it makes managers have an understanding of how to make strategic decisions. Strategic decisions are those decisions that aim at changing a firm’s condition for which it competes with other firms. This is done to increase profit made by a firm in the long run. Managers must consider the economic cost of resources in order to achieve their profitability. The economic cost of resources is equivalent to the sum of what resource owners pay and the forgone returns of failing to take the resources of the owner to the market. In order for a firm to maximize its profits, the revenue and cost must not be dependent at all times. According to Thomas and Maurice, managers may make mistakes like increasing output to cut down average costs (13; ch.1) In the market, there are two groups of people: price setters and the price takers. The price takers are firms that cannot set prices in the market. To them, prices are set by demand and supply forces i n the market. Price setters, on the other hand, decide on the price for their products. Price setters control the market as they have the power to set prices. Market is where buyers and sellers exchange goods and services under an arrangement. The market helps in reduction of cost as the only cost involved is the product’s price. There are various market structures. ... Thirdly, there is the monopolistic perfect market that comprises many small firms, differentiated products and no barrier to entrance of new firms. The last form of structure is oligopoly; it is whereby firms produce all products, and their profits are not independent. The action of one firm may lead to a consequent effect on other firms. A recent structure is the globalized markets whereby markets in the world have been integrated. The integration has provided firms with a chance to sell and buy their goods and services in the foreign markets. Charles and Christopher presented an alarm on increased competition from other producers (23; ch.1) A review on Is Wal-Mart Good for America This movie gives a provocative scrutiny of the effect Wal-Mart had on America’s economy. This video highlights the transforming relationship between retailers and manufacturers demonstrated by Wal-Mart, which has led to bankruptcy firms in America and increased unemployment rate. As Wall-Mart suppo rters advertise the pros of low cost, others are shocked at what has led to low prices and the effect of large retailers on SMEs. From the Chapter Cne review in the video, it can be noted that this is one of the many mistakes that managers do hoping that they will make more profits. For instance, the global retailers overtake producers in decision making on product price, type and quality. Global retailers are superseding manufacturers in making decisions about product quality, type and price. There is no balanced trade as the Chinese are unable to buy American products while Americans buy theirs. To add to that, Wal-Mart has 6,000 suppliers, and China makes 80% of this. China has emerged

Sunday, August 25, 2019

Incorporating the Cost of Capital Research Proposal

Incorporating the Cost of Capital - Research Proposal Example On the other hand, A negative net present value is a bad management decision. Thus, management must not push through with the planned investment. The Net present value is arrived at by the following: The managers will invest in a capital asset only if the net cash inflows are more than cost of capital. The difference between the two is the net cash inflow. The entire articles gives evidences that this very popular formula is more than just a formula. The entire journal is devoted to giving importance to the factors of sales, variable expenses and costs, as well as fixed expenses an costs. Clearly, the objective of the paper is persuade managers of the importance of cost of capital in decision making activities. The objectives are correctly stated. The objective truly draws the reader to the reasons of managers in using the various components in the cost volume profit analysis. For, the article clearly explains how the sales, variable expenses and costs as well as fixed expenses contributed to the increase and decrease of net income. The article clearly shows that cost of capital is a very important tool in determining if it would be economically profitable to infuse more money into a high monetary value assets (Schneider,1). Obviously, the objectives are correctly stated. One of the key issues considered in the article shows that cost of capital is arrived at by by including the interest expense spend fo... the net present value in determining if it is profitable to invest large sums of money in a new equipment or other similar large funded investments. The articles states that Cost Volume Profit Analysis incorporates the cost of capital. Evidently, one of the key issues considered in the article shows that cost of capital is arrived at by by including the interest expense spend for borrowing money. Further, this same article also explains that there is a strong relationship between cost of capital and factors like net revenues, variable expenses and fixed expenses. In addition, the articles tells that managers would make better decisions if the cost of capital is included in the cost volume profit analysis. The article also tells that the manager's process improvement decisions must also include financial data under product mix and pricing. This formula is the mathematical representation of the economics of producing a product. The article shows that the investment is not good if the cost of capital is more than the net cash inflow from operating the investment. On the other hand, an investment in high value items is an excellent management decision if the net cash inflow exceeds the cost of the capital. The article also discusses that increases in variable costs will decrease profits. On the other hand, increases in net revenues increases profits. Further mathematical computat ions show that net profit is the difference between the net revenues and total expenses and costs. Truly, this same article also explains that there is a strong relationship between cost of capital and factors like net revenues, variable expenses and fixed

Saturday, August 24, 2019

Diet effects on plasma lipoproteins ( Paraphrasing ) Essay

Diet effects on plasma lipoproteins ( Paraphrasing ) - Essay Example It is in the form of lipoprotines that the cholesterol and triacylglicerol are set on the move in blood. Ordovas (2005) has characterised lipoproteins as â€Å"generally spherical particles, with a surface layer composed of phospholipids with the fatty acids oriented toward the core of the Particle†. Carrying lipids from one inner organ to another is being the main function of these lipoproteins. The lipoproteins are chiefly those chylomicrons, named Very low-density lipoprotein (VLDL), Immediate-density lipoprotein (IDL), Low-density lipoprotein (LDL), High-density lipoprotein (HDL). Chylomicrons are the largest lipoproteins, consisting mainly of triacylglycerol with apoB-48 and apoA, -C, and -E. Triacylglycerol is hydrolysed with endothelial-bound lipoprotein lipase, changing the chylomicron into a chylomicron remnant rich in cholesteryl ester. These remnants are removed from the circulation by interaction with the remnant receptors mainly present on hepatocytes. Chylomicron remnant rich in cholesteryl ester is made from chylomicron when triacylglycerol is hydrolysed with lipoprotein lipase that move towards endothelial. Mainly by the contact with remnant receptors found mostly on hepatocytes, the chylomicron remnants are removed. Tryacylglycerol with apoB-48, and apoA, -C, and –E are present in chylomicrons which are the major lipoproteins. Very low-density lipoproteins are secreted mainly by the liver, with apoB-100 and apoE on their surface. They are transformed into mature VLDLs by accumulating cholesterol ester, apoC, and apoE from HDLs. They then either interact with lipoprotein lipase to convert into IDLs, which can be taken up by the liver, or convert to LDLs by interacting with hepatic triglyceride lipase. VLDL particles vary in size. Small VLDL is converted into LDL, via IDL, to a greater extent than large VLDL, which is converted to a form of IDL that appears to be removed from the plasma before conversion to LDL. Mostly, liver discharges very

Friday, August 23, 2019

Same-sex relationship Essay Example | Topics and Well Written Essays - 1500 words

Same-sex relationship - Essay Example Controversial issue here is same-sex relationship that is widely opposed by many countries worldwide. Should same-sex marriages be allowed in the society or should these kinds of marriages be frowned upon? The research will focus on the challenges facing same sex relationships and further dig on reasons behind refusal of the law in most countries globally. The most common and legal marriage was heterosexual relationship. The issue of same-sex marriage has been made legal in various democratic or liberal countries mostly in the Western countries. The matter of child bearing is greatly left behind when it comes to same sex marriage, as there is availability of artificially produced babies. Babies could be produced artificially for same sex couples while those who prefer different methods can adopt children and call them their own. Despite the desire to raise children, the gay couples often face objections when they present themselves as candidates who want to adopt children. The legal offices that deal with the issues of adoption often feel reluctant to hand over adoption agreement to these couples with the belief that they may lack the knowledge of raising the children well. Same-sex marriage may be defined as the union among two individuals of the same gender. Ever since the year 2001, different countries have allowed gay or lesbian unions and the recognition of such law has sparked worldwide debate from the proposers as well as those who oppose this discussion.