Friday, September 6, 2019
“The Unknown Citizen†by W. H. Auden Essay Example for Free
â€Å"The Unknown Citizen†by W. H. Auden Essay â€Å"The Unknown Citizen†by W. H. Auden is a compelling piece of poetry that is multi-layered in thought. While it is poignant, it is also replete with tension. I have therefore decided to give three responses/presentations to this poem in the following executions: a) An MTV, b) A piece of Installation Art, and c) A Short Story. We shall tackle these one by one in the following paragraphs.                        Although the poem was written in the late 1930’s, much of its message still resonates today especially now that we are faced with technology that enables the quick transfer of information throughout the world. To be able to reach a broad audience, I thought of coming up with an MTV as a presentation because this medium is vastly appreciated by a wide spectrum of people. The MTV will have an instrumental piece of music as background. I am quite inclined to use 1920’s jazz as the musical genre a la the musical score for the movie ‘Chicago’ – mainly because jazz especially of this era reflects the moods, emotions, thoughts, etc. of the working class.                        The MTV’s visuals will consist of fast cuts of real people in real time doing a variety of daily chores/work. I would like to get visuals of factory workers at an industrial plant, rank and file employees at a Fortune 500 company, pedestrians at a busy street in a big city, etc. These visuals will be interspersed or dissolved on a background of a clock whose hour and second hands are rotating rapidly. This visual juxtaposition I think would be effective in imparting the message that we, as a workforce, have become slaves in the highly industrialized world.                         The second presentation I would like to propose is an Installation Art. The installation will compose of different objects, articles of clothing, supplies, etc. that I will gather from different people and/or areas of work. These objects will be arranged at random to form a sculpture-like piece that can stand on its own. The objects then will be ‘washed’ with a gray paint or metallic finish. The rationale for this presentation is to link or remind the audience of everyday objects that we take for granted but are part of our daily life. Objects that will remind us of our daily grind or the ennui we experience at work. The finishing of the installation in gray or metallic color will further enhance the ‘coldness’ or routine nature of ‘The Unknown Citizen’. The tactile nature of the installation will hopefully entice the audience to take a closer look at the piece of art. Also, copies of Auden’s poem may be strewn on the floor of the exhibition area where this installation will take place.                        The third response will be a short story that will basically deal with a man’s isolation from the world at large. Just like in the poem the main character in the story will be nameless, the readers however, will be able to get to know this ‘man’ by way of the descriptive manner that it will be written as well as the dialogue that will be included. The setting of the short story will be in contemporary times set in Middle America. I see the main character as a white male in his thirties, married with children. His wife is also a working mother. The isolation the main character feels will stem from his routine at the workplace, his ever-widening gap with his wife due to less time spent together as both are working, and his alienation from his teenage children who are caught up in a world of their own.                        The man’s catharsis will take form of his resignation from his work and goes on a long trip, alone, into the countryside in search of a connection with his past and a better understanding of his future. How the short story will end I still have to think about – however I will try to remain as true to Auden’s tone and intent as he wrote ‘The Unknown Citizen’.                        Out of these three responses I hope to finally choose one with the following criteria in mind: financial constraints in undergoing the project, feasibility in terms of time and resources, overall impact on the intended target audience. On the whole, I believe these three responses will best communicate Auden’s poem on a more contemporary manner. While art mirrors life, great art transcends time and space. The truths Auden spoke of during his lifetime still ring true today and will continue to impact the future generations to come.
Facebook Manic Essay Example for Free
Facebook Manic Essay Facebook is a social networking service launched in February 4, 2004, owned and operated by Facebook, Incorporated. The name of the service stems from the colloquial name for the book given to students at the start of the academic year by some university administrations in the United States to help students get to know each other. Facebook was founded by Mark Zuckerberg with his college roommates and fellow Harvard University students Eduardo Saverin (business aspects), Andrew McCollum, (graphic artist), Dustin Moskovitz (programmer), and Chris Hughes. According to The Harvard Crimson, the site was comparable to â€Å"Hot or Not†and used photos compiled from the online facebooks of nine houses, placing two next to each other at a time and asking users to choose the hotter person. The websites membership was initially limited by the founders to Harvard students, but was expanded to other colleges in the Boston area, the Ivy League, and Stanford University. It gradually added support for students at various other universities before opening to high school students, and eventually to anyone aged 13 and over. Facebook has affected the social life and activity of people in various ways. With its availability on many mobile devices. Facebook allows users to continuously stay in touch with friends, relatives and other acquaintances wherever they are in the world, as long as there is access to the Internet. It can also unite people with common interests and/or beliefs through groups and other pages, and has been known to reunite lost family members and friends because of the widespread reach of its network. January 2009 Compete.com study ranked Facebook as the most used social networking service by worldwide monthly active users. Quantcast estimates Facebook has 138.9 million monthly unique U.S. visitors in May 2011. According to Social Media Today, in April 2010 an estimated 41.6% of the U.S. population had a Facebook account. Facebook has turned into a national obsession in the United States, resulting in vast amounts of time lost and encouraging narcissism. Facebook being one of the most famous social networking site comes with it’s own pros and cons. There are many disadvantages of using facebook. Many people believe that facebook has a lot of advantages and is convenient to use. But they ignore all the disadvantages that come with it. Excess of everything is bad and the statement is true for facebook.
Thursday, September 5, 2019
Literature Review on Contractual Issues Arising Claims
Literature Review on Contractual Issues Arising Claims Avoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation of claims and contract clauses quoted in claims by studying high-rise apartment building and institutional buildings. Construction contract determines the basis for the relationship between the parties involved in it. A contract is a promise or agreement that the law will enforce. Construction contract are very often long, complex document, consequently, disagreement or disputes can arise regarding contractual obligations or expectations, when one party feels that the contractual obligations or expectations have not been meet and they fell that they deserve monetary and/or time compensation they may submit a claim. A claim is defined as an assertation to the right to remedy, relief or property (Canadian Law Directory) Currently construction industry in UAE has number of disputes arrives because of disputed in legal document and poor coordination in general and particular condition of contract. UAE is fast growing country in terms of construction and lots of competition for getting the project because of that contractors are bidding less and claiming more amounts. A client tries to reduce the over all cost of project and contractors tries to get more profit and result is disputes arise. Every claim submitted by the contractor puts presser on client and consequently it affect increasing property price. That is why construction claim are considered as the most unpleasant event in construction industry. Claims can be reduced by proper arrangement of scope of work in contract document. Contract is the document which explains all rolls and liabilities of the parties involved in it. For the purpose of study for analyzing contractual issues literature review is divided in two parts. First part will discus s on Contract law in general and particular terms used in formation of construction contract. Second chapter will discuss on Claims under FIDIC contract and previous research in claims. 1 Introduction to contract law 1.1 Legal systems A legal system, is a system for identifying factual situations where the state will impose sanctions on a person (criminal law), where one person can seek redress from another person (civil law), and where a person can challenge decisions of the state and public bodies, such as local authorities (administrative law)1. For example: If someone takes property belonging to another with the intention of permanently depriving them of that property, this is categorized by the criminal law as a crime (theft) for which the state can seek an order for imprisonment, a fine or both. The same conduct is categorized by the civil law as a tort (known as conversion) for which the person whose property is taken can seek an order requiring the person taking the property to return it, to pay compensation (damages), or both. If the property is taken by the state or a public body in wrongful exercise of a statutory or other power, the decision to do so can be challenged in administrative law by seeking a declaration that it is invalid and should be reconsidered. 1.2 Criminal, civil and administrative law The criminal law is principally concerned with the imposition of fines and imprisonment sought by the state against persons. The civil law is concerned with awarding compensation and making orders in favor of one person against another. Administrative law is principally concerned with making orders concerning the administrative actions of the state and public bodies. 1.3 Obtaining redress The usual means of obtaining redress is in a court of law. The criminal courts, primarily the Magistrates Courts and the Crown Court, are concerned with redress in respect of criminal matters .The civil courts, primarily the County Courts and the High Court, are concerned with redress regarding civil claims. In many countries, a separate court is established to deal with claims concerning the administrative actions of the state and public bodies, but this is not the case in everywhere, where administrative law matters are dealt with by the High Court. The courts are not the only means of obtaining redress in many civil matters. 1.4 The civil law of obligations Each of the principal divisions of law criminal law, civil law and administrative law contains numerous subdivisions. The subdivision that is relevant to this publication, and to the series of which it forms part, is that part of the civil law concerned with the law of obligations. 1.5 Obligations in contract and tort The law of obligations has, in turn, two parts: the law of contract and the law of torts. In the law of contract, a persons obligations are primarily founded on agreement and are, in general, owed only to the other party to the agreement, not to persons generally. Because obligations owed in contract are founded on agreement, they can be as prescriptive and detailed as the parties wish and their agreement requires. For example, agreed obligations can concern the development of an office block in accordance with detailed requirements, or the structuring of a long-term business relationship, such as a partnership. It would be impossible to regulate such relationships using only the law of torts, since obligations in tort are too generalized. In the law of torts, a persons obligations are primarily determined by general principles of law and are, ordinarily, owed to persons generally. Since obligations owed in tort are imposed as part of the general law, they are expressed in the form o f general standards of conduct. For example: the obligation to exercise reasonable skill and care so as not to cause injury or damage to others forms the basis of the tort of negligence; the obligation not to unreasonably interfere with a persons use or enjoyment of their land forms the basis of the tort of nuisance. Both parts of the law of obligations are significant for the construction industry. Work on a building project, such as the provision of consultant services, construction or materials, will ordinarily be carried out under a contract since this is the only way that obligations having the required definition and precision can be given legal force. But the work provided may, if defective, cause damage not only to the person with whom those obligations are agreed but to others, such as adjacent landowners, users and subsequent owners of the project. While the person or persons with whom the contract is made will, ordinarily, be able to seek redress in the law of contract, t hose who are not parties to that contract will have to seek redress in the law of torts. The law of contract is of fundamental importance for the construction industry because the contract is the principal vehicle for those working on a project to be engaged, their obligations are regulated and redress assessed if things go wrong. The law of torts has a subsidiary importance if things do go wrong. 1.6 Rights and obligations The law is often discussed in terms of obligations, there is, in general, for each obligation a corresponding right .Thus, an obligation not to unreasonably interfere with a persons use or enjoyment of land can be seen, from the perspective of a landowner, as a right to enjoy and use their land free from such unreasonable interference. An obligation to perform the terms of an agreement can be viewed from the other partys perspective as a right to have those obligations performed. In contract law, these rights and obligations are often referred to as the benefits and burdens of the contract. 1.7 Defining a contract There are various definitions that attempt to encapsulate the essential nature of a contract. The definition that is most readily understandable in a commercial context is that a contract is an agreement that gives rise to obligations, and corresponding rights, that the law will recognize and enforce. Since a contract is founded on agreement, the parties are free, within wide limits, to agree the obligations to which they wish to be bound. This is known as the doctrine of freedom of contract. It means, at any rate in a commercial context, that the parties to a contract will ordinarily be bound by the agreement they make, however inappropriate, one sided or even ruinous that agreement may turn out to be for one of them. The corollary of the doctrine of freedom of contract is that a person cannot be forced to contract. In a commercial context this means that, if terms cannot be agreed, either party to the negotiations can walk away, however inconvenient or costly, in terms of wasted time and money, this is for the other party. It may be possible to break off negotiations and walk away even if work has commenced in anticipation of a proposed contract. Once a contract is concluded, it binds the parties in law. If a party to a contract fails to comply with its obligations under the contract, the other can seek redress for that failure. This can be done, as appropriate, by enforcing a right to payment (a claim in debt), by seeking financial compensation for losses suffered as a result of the failure (a claim in damages for breach of contract) or, in certain circumstances where financial compensation does not provide adequate redress, by an order that the defaulting party perform its obligations (a claim for specific performance) or stop acting in breach of its obligations (an injunction). For example, if a consultant fails to perform services he or she has contracted to provide, the client can seek damages based on the additional cost of obtaining substitute performance from another consultant. If an employer fails to pay for work provided by a contractor, the contractor can recover that payment as a debt. If a person contracts to se ll land, such as an office or house, but refuses to complete the sale, the purchaser can seek an order that the land be conveyed to it. 1.8 Categories of contract The categories of contract is most relevant to the construction industry include the following. Contracts made by deed and simple contracts (the rest). Contracts entered into by deed do not require consideration; simple contracts do. For example, a promise of a gift will be contractually binding only if it is given by deed. Contracts made by deed also attract a longer limitation period (the period during which proceedings for redress must ordinarily commence) than simple contracts. The period is 12 years from breach for contracts made by deed, 6 years from breach for simple contracts. Contracts for estates or interests in land (such as a contract for the sale or lease of a house or office). Such contracts are governed by the Law of Property Acts and related legislation and by that branch of the law known as the law of real property. Most of such contracts are subject to the code for payment and dispute resolution provided for in that Act. Arbitration agreements (an agreement that provides that disputes will be determined by a private tribunal sitting as arbitrator, not by the court). Such agreements are subject to the detailed code set out in the Arbitration Act 1996. Consumer contracts (certain categories of contract, principally contracts for goods, for work and materials and for services where one of the parties is contracting for purposes that are outside the scope of its business, if any, and the other is contracting in the course of a business). Such contracts are subject to various statutory controls that may invalidate certain types of unfair or unreasonable terms imposed to the determent of the consumer. 1.9 The importance of contracts in the construction industry: Contract is only the forming agreements that are recognized as binding by the law of contract that the parties can regulate their rights and obligations in the knowledge that these rights and obligations can, if necessary, be enforced. Given the importance of contract law in structuring commercial relations, it is surprising that those procuring and providing work in the construction industry often deal inadequately with the formation of their contracts. This leads not only to uncertainties about what was agreed and when, but also to disputes about whether a binding agreement was concluded at all and whether legally enforceable obligations are created to provide work or to pay for it. Such disputes can arise during the work as well as after it is completed. 1.10 Contractual terms used in formation of contract The obligations that the parties accept when they conclude a contract are contained in its terms. The terms may be express or implied or, more usually, a combination of both. 1.10.1 Express terms Express terms are those that the parties expressly state when making their contract. Express terms may be written or oral. Oral terms may be evidenced in writing. * Written terms set out in documents forming the contract for example, where a client and builder execute a copy of a standard form building contract, such as a copy of the FIDIC condition of contract setting out all of the terms they have agreed, or where, as is often the case in a contract for the sale of goods, all of the terms are set out in a letter of offer, accepted by the purchaser orally or by conduct. * Written terms contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract * Oral terms agreed at a meeting or over the telephone. It is preferable for oral terms to be recorded (evidenced) in writing so that there can be no dispute about what was said, for instance by making and circulating a note of what was agreed. But failure to do this will not affect the validity of such terms, unless the contract is of a type whose terms must be made or evidenced in writing. 1.10.2 Implied terms Implied terms are those that are included in a contract even if the parties do not expressly refer to them at the time the contract is concluded. * Contract terms are implied by law or by statute if the contract is of a type in which such terms are ordinarily implied and the implication of those terms is not contrary to the express terms of the contract. For example, terms are ordinarily implied by the Sale of Goods Acts into contracts for the sale of goods, and by the Supply of Goods and Services Acts and law into contracts for work and materials or for services. * Terms implied to reflect the parties presumed intention if, having regard to the words used in the contract and the circumstances at the time it was concluded, they are necessary to give business efficacy to the contract or are so obviously a part of the contract that both parties would, if asked at the time, have said that they go without saying. For example, a contract to use a wharf will be subject to an implied term that it is safe for the ship to lie at that wharf. But a term will not be implied on this basis if it is inconsistent with the express words of the contract. * Terms may be implied by custom where the custom is a certain and general incident of a particular trade or place, and the use of the term is well known, reasonable and not contrary to law or to the express words of the contract. * Contract terms implied by course of dealing where the parties have contracted on the same terms on a number of previous occasions and they make another contract of similar type without expressly referring to those terms. 1.10.3 Exemption clauses An exemption clause is a contract term by which one party, usually but not invariably the party proposing the terms of contract, seeks to avoid or exempt itself from what would otherwise be its obligations or liability under the contract (an exclusion clause), or seeks to restrict or limit its liability in some way (a limitation clause).An exemption clause can work indirectly by, for instance, restricting the enforcement of obligations under a contract, or by making enforcement unusually onerous. Exemption clauses are commonly found in standard terms of business. For example, a seller of goods may seek to limit its obligations by providing in its standard terms that they form the whole agreement of the parties, and no terms are to be implied at law. The purpose of such wording is to exclude the implied terms of quality and title that would otherwise apply to the contract. A consultant provides in its terms of appointment that any liability, whether for default under the contract or in negligence, is limited to a specific sum. The purpose of such a provision is to cap the consultants potential liability to its client. Because exemption clauses exclude or limit what would otherwise be a partys obligations or liabilities under a contract, they must be clearly incorporated and clearly worded if they are to be effective. There are also various statutory controls over the effectiveness of such provisions, and, in a few instances, criminal sanctions are imposed on those who seek to include such clauses in their contracts. 1.11 Most Commonly Used Types of contract in UAE construction industry There are various types of conditions of contracts used all over the world. Most commonly used conditions of contracts in the past are FIDIC in Middle East JCT NEC in United Kingdom. In United Kingdom mainly JCT NEC conditions of contract is in practice in various forms. The conditions of contracts are listing the legal structure to be refereed to in case of any dispute or ambiguity arises. It also establishes a common basis to both the contractor and the client in understanding each partys commitments and rights against the other party. Understanding the rights and obligations are important prior to the agreement of a contract between the parties. 1.12 Key contract clauses used in condition of contract 1.12.1 Audit This clause typically outlines an owners right to perform reviews (audits) of contractor costs or records. Such clauses ordinarily outline what costs or records are subject to audit, when and under what circumstances. In cost plus contract this clause is very useful to client to restrict the overall project cost 1.12.2 Changes This clause is critical. This is the clause that allows the owner to direct changes to the work, including plans, specifications, and time of performance, means, and methods. Absent a change clause, an owner is precluded from making changes to the work. Of particular importance in this clause is whether the clause allows the owner to unilaterally direct changes to the work (in which case, if the contractor refuses to comply with the directives, they are in breach of the contract). Alternatively, the clause requires the owner and the contractor to mutually agree on the change (a bilateral change). On the other hand if there has been any discrepancy in specification or drawing this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or negative variation in construction industry. 1.12.3 Contractor Responsibilities This clause lays out, in general form, the duties, obligations and responsibilities of the contractor in performance of the work. This clause assigns specific risks to the contractor, including customarily the risk of adequate labor and equipment to accomplish the work within the required timeframe, the obligation to perform work safely, to perform work in strict accordance with the terms and conditions of the plans and specifications, and to be responsible for the work of subcontractors and suppliers, etc. This clause is very important in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get relief and guaranty for the works which has to be executed. 1.12.4 Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. â€Å"Excusable delay†under a contract results in time extensions but no time related damages. That is, a contractors performance time is extended because of excusable delay situation, but the contract is not entitled to collect time extension costs nor is the owner entitled to impose late completion damages for this time. â€Å"Compensable delay†, on the other hand, results in both a time extension as well a time excusable and compensable to the contractor while contractor caused delay is the responsibility of the contractor (to either make up the lost time or pay the contractually stipulate late completion damages). Third-party caused delay (sometimes referred to as force majeure delay) is, most often, excusable and no compensable to the contractor. 1.12.5 Differing Site Conditions or Changed Conditions This clause normally provides an equitable adjustment to the contract in the event the contractor encounters a materially different condition at the site during performance of the work. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non stop rain for few month. Differing site conditions are unforcing events no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims 1.12.6 Dispute Resolution This clause customarily sets forth the mechanism to resolve disputes during the performance of the work. Most dispute clauses contain some form of a stepped resolution system. For example, the clause may require on site negotiation between project managers, followed by an appeal to project executives, followed by 3 days of mediation, followed by binding arbitration under a formal set of rules. Often, the location (jurisdiction) of the disputes resolution will be set forth. In construction industry there are several methods of dispute resolution like negotiation, mediation, Conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own framework to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry. 1.12.7 Force Majeure Some contracts contain a force majeure clause or a clause dealing with delays to the work caused by unforeseeable events beyond the control of both the owner and the contractor. Such clauses often provide lists of examples of force majeure events acts of God, acts of the government, civil disorder, acts of war, adverse weather, fires, floods, strikes, etc. Other contracts provide for such events in the excusable delay clause. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain loss or expense due to unforeseen event. 1.12.8 Governing Law The contracts involve parties from differing locations with subcontractors and suppliers from even more locations. Accordingly, contracts often specify which law applies to a dispute, regardless of where the dispute is handled. 1.12.9 Indemnification To indemnify another is to protect them against loss or damage either by paying for the loss or standing in their place in the event of legal dispute. An indemnification clause in a contract typically requires a contractor to indemnify the owner against all loss resulting from contractor errors, omissions, accidents, third party property damages in construction industry. 1.12.10 Insurance This clause requiring the owners and contractors to furnish multiple insurance policies prior to commencing work, among which are the following: builders risk/all risk; workmans compensation; automobile, aircraft, and/or marine liability; general liability; bodily injury; broad form property damage; completed operations; personal injury; etc. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document. 1.12.11 Late Completion Damages This clause specifies the damages for late completion. In general terms, there are two types of late completion damages actual and liquidated. Actual damages are those damages an owner actually suffers when a contract is completed late and may include loss of revenue, increased engineering, architectural or inspection services, increased financing costs etc. Liquidated damages, on the other hand, is a pre-agreed upon amount the contractor will pay the owner in the event the project is completed late due to no excusable delay cause-that is, due solely to the contractors fault. Such damages are typically expressed in terms of a daily cost and need not be proven as actually incurred if the project is completed late. 1.12.12 Limitation of liability In order to cap (or limit) a contractors risk from late completion damages, performance penalties, etc., under a contract, many contracts contain a clause limiting maximum liability to a percentage of the value of the contract. However this clause is very important UAE construction industry. UAE is fast growing country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction. 1.12.13 Order of Precedence This clause intended to provide guidance to both the owner and the contractor in the event of conflicting provisions. Typically, specifications have precedence over general provisions, and so on and so forth. The legal concept is to provide guidance to people on projects in the event there are two or more conflicting provisions relating to a topic. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the above mentioned order is used to settle the disputes in construction 1.12.14 Owner Responsibilities Similar to a contractor responsibility clause, an owner responsibility clause ordinarily sets forth the obligations of the project owner, including adequate project financing, all required and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take any action during the execution of works 1.12.15 Payments This is key contract clause in terms of project cash flow. This clause sets forth how often the contractor is to be paid, in what manner, and what are the conditions precedents to the issuance of payment. In construction it helps the contractor to manage the finance before the commencement of project. 1.12.16 Quantity Variations The contracts contain estimated quantities to be installed. In the event as-bid quantity estimates vary substantially (+/- 10 percent or more) many contracts (both unit price and lump sum) contain a quantity variation clause which allows either the owner or the contractor to request a predetermination of the as-bid unit price on affected portions of the work. 1.12.17 Schedules A schedule clause typically sets forth the requirement for contractor scheduled , including format (bar chart vs. CPM), level of detail, submittal requirements, frequency of schedule updating, damages for failure to submit, delay or time extension analysis requirement, actions to be taken in the events of forecasted late schedule, etc. 1.12.18 Suspension of Work This clause habitually allows a project owner to suspend or stop all or some of the work, with or without clause. Such clauses normally provide for some adjustment to the terms of the contract in such events, including a time extension and payment of delay costs. However, recovery of time and cost limited by the terms of contract. Often, if the actual clause of the suspension order is something for which the contractor is responsible (i.e., unsafe work conditions, work not in compliance with contract requirement, etc.) no recovery time or cost is allowed. This clause gives the owner choice to delete the some or whole part of work with legal manner 1.12.19 Termination Almost all contracts have a provision allowing the owner to end, in whole or in part, performance of the work prior to project completion. There are, typically, two types of termination; termination for convenience and termination for default. Termination for convenience usually occurs when a project owner decides, for their own reasons, not to complete the project as designed. Such situations might arise if the owners needs change, if project financing fails, or if the underlying project economics change substantially. In such a circumstance, the owner may elect to terminate the contractors performance for the convenience of the owner and pay off the contractor in accordance with the terms of the clause. Termination for default arises only when a contractor is found to be in material breach of the contract, has been provided with a cure notice form the owner outlining the material breach, and has failed to remedy the breach in a timely manner. Usually the owner will terminate the co ntractor from the project and call upon the contractors financial guarantees to complete the work (i.e., letter of credit or surety bond). Some contracts also provide a contractor the right to terminate their participation in a project. Under certain carefully proscribed circumstances (such as, failure to make payments, bankruptcy of the owner, suspension of the work for more than a defined period of time, etc.) the contractor is allowed to terminate their own involvement in the project. 1.12.20 Time of the Essence/Time of Performance- Timely project completion is normally important, most contracts contain a clause stating that â€Å"Time is of the essence of this contract. â€Å"Such a clause must be included to make enforceable a time of performance clause and collection of late completion damages. Absent such a clause, the time of project completion is considered unenforceable. The time of performance clause, typically expressed either in work or calendar days after issuance of notice to precede, sets froth when the work must be completed and the consequences of failure to meet these dates. 1.12.21 Warranty A warranty clause, which ordinarily continues in existence for some specified period of time after project completion, guarantees the contractors work after project acceptance. It is not uncommon for warranty clauses to require a warranty for 1 year after project completion, during which time, if any portion of the project fails, the contractor is obligated to return to the project and make it right or agree to some commercial settlement of the issue. 1.13 Strengths and Weaknesses of contract in construction industry Various advantages and disadvantages in the usage of contracts. The contracts are imposing a better control over the contractors and always state the penalties for non-compliance. Punishment used as a tool for guidance of the projects for timely completion and it is not working always successfully. 1.13.1 Strengths * Firmly laid down rules and regulations Rules and regulations are made up to follow the instruction in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project. * Pre agreed procedural commitments Contract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the proj Literature Review on Contractual Issues Arising Claims Literature Review on Contractual Issues Arising Claims Avoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation of claims and contract clauses quoted in claims by studying high-rise apartment building and institutional buildings. Construction contract determines the basis for the relationship between the parties involved in it. A contract is a promise or agreement that the law will enforce. Construction contract are very often long, complex document, consequently, disagreement or disputes can arise regarding contractual obligations or expectations, when one party feels that the contractual obligations or expectations have not been meet and they fell that they deserve monetary and/or time compensation they may submit a claim. A claim is defined as an assertation to the right to remedy, relief or property (Canadian Law Directory) Currently construction industry in UAE has number of disputes arrives because of disputed in legal document and poor coordination in general and particular condition of contract. UAE is fast growing country in terms of construction and lots of competition for getting the project because of that contractors are bidding less and claiming more amounts. A client tries to reduce the over all cost of project and contractors tries to get more profit and result is disputes arise. Every claim submitted by the contractor puts presser on client and consequently it affect increasing property price. That is why construction claim are considered as the most unpleasant event in construction industry. Claims can be reduced by proper arrangement of scope of work in contract document. Contract is the document which explains all rolls and liabilities of the parties involved in it. For the purpose of study for analyzing contractual issues literature review is divided in two parts. First part will discus s on Contract law in general and particular terms used in formation of construction contract. Second chapter will discuss on Claims under FIDIC contract and previous research in claims. 1 Introduction to contract law 1.1 Legal systems A legal system, is a system for identifying factual situations where the state will impose sanctions on a person (criminal law), where one person can seek redress from another person (civil law), and where a person can challenge decisions of the state and public bodies, such as local authorities (administrative law)1. For example: If someone takes property belonging to another with the intention of permanently depriving them of that property, this is categorized by the criminal law as a crime (theft) for which the state can seek an order for imprisonment, a fine or both. The same conduct is categorized by the civil law as a tort (known as conversion) for which the person whose property is taken can seek an order requiring the person taking the property to return it, to pay compensation (damages), or both. If the property is taken by the state or a public body in wrongful exercise of a statutory or other power, the decision to do so can be challenged in administrative law by seeking a declaration that it is invalid and should be reconsidered. 1.2 Criminal, civil and administrative law The criminal law is principally concerned with the imposition of fines and imprisonment sought by the state against persons. The civil law is concerned with awarding compensation and making orders in favor of one person against another. Administrative law is principally concerned with making orders concerning the administrative actions of the state and public bodies. 1.3 Obtaining redress The usual means of obtaining redress is in a court of law. The criminal courts, primarily the Magistrates Courts and the Crown Court, are concerned with redress in respect of criminal matters .The civil courts, primarily the County Courts and the High Court, are concerned with redress regarding civil claims. In many countries, a separate court is established to deal with claims concerning the administrative actions of the state and public bodies, but this is not the case in everywhere, where administrative law matters are dealt with by the High Court. The courts are not the only means of obtaining redress in many civil matters. 1.4 The civil law of obligations Each of the principal divisions of law criminal law, civil law and administrative law contains numerous subdivisions. The subdivision that is relevant to this publication, and to the series of which it forms part, is that part of the civil law concerned with the law of obligations. 1.5 Obligations in contract and tort The law of obligations has, in turn, two parts: the law of contract and the law of torts. In the law of contract, a persons obligations are primarily founded on agreement and are, in general, owed only to the other party to the agreement, not to persons generally. Because obligations owed in contract are founded on agreement, they can be as prescriptive and detailed as the parties wish and their agreement requires. For example, agreed obligations can concern the development of an office block in accordance with detailed requirements, or the structuring of a long-term business relationship, such as a partnership. It would be impossible to regulate such relationships using only the law of torts, since obligations in tort are too generalized. In the law of torts, a persons obligations are primarily determined by general principles of law and are, ordinarily, owed to persons generally. Since obligations owed in tort are imposed as part of the general law, they are expressed in the form o f general standards of conduct. For example: the obligation to exercise reasonable skill and care so as not to cause injury or damage to others forms the basis of the tort of negligence; the obligation not to unreasonably interfere with a persons use or enjoyment of their land forms the basis of the tort of nuisance. Both parts of the law of obligations are significant for the construction industry. Work on a building project, such as the provision of consultant services, construction or materials, will ordinarily be carried out under a contract since this is the only way that obligations having the required definition and precision can be given legal force. But the work provided may, if defective, cause damage not only to the person with whom those obligations are agreed but to others, such as adjacent landowners, users and subsequent owners of the project. While the person or persons with whom the contract is made will, ordinarily, be able to seek redress in the law of contract, t hose who are not parties to that contract will have to seek redress in the law of torts. The law of contract is of fundamental importance for the construction industry because the contract is the principal vehicle for those working on a project to be engaged, their obligations are regulated and redress assessed if things go wrong. The law of torts has a subsidiary importance if things do go wrong. 1.6 Rights and obligations The law is often discussed in terms of obligations, there is, in general, for each obligation a corresponding right .Thus, an obligation not to unreasonably interfere with a persons use or enjoyment of land can be seen, from the perspective of a landowner, as a right to enjoy and use their land free from such unreasonable interference. An obligation to perform the terms of an agreement can be viewed from the other partys perspective as a right to have those obligations performed. In contract law, these rights and obligations are often referred to as the benefits and burdens of the contract. 1.7 Defining a contract There are various definitions that attempt to encapsulate the essential nature of a contract. The definition that is most readily understandable in a commercial context is that a contract is an agreement that gives rise to obligations, and corresponding rights, that the law will recognize and enforce. Since a contract is founded on agreement, the parties are free, within wide limits, to agree the obligations to which they wish to be bound. This is known as the doctrine of freedom of contract. It means, at any rate in a commercial context, that the parties to a contract will ordinarily be bound by the agreement they make, however inappropriate, one sided or even ruinous that agreement may turn out to be for one of them. The corollary of the doctrine of freedom of contract is that a person cannot be forced to contract. In a commercial context this means that, if terms cannot be agreed, either party to the negotiations can walk away, however inconvenient or costly, in terms of wasted time and money, this is for the other party. It may be possible to break off negotiations and walk away even if work has commenced in anticipation of a proposed contract. Once a contract is concluded, it binds the parties in law. If a party to a contract fails to comply with its obligations under the contract, the other can seek redress for that failure. This can be done, as appropriate, by enforcing a right to payment (a claim in debt), by seeking financial compensation for losses suffered as a result of the failure (a claim in damages for breach of contract) or, in certain circumstances where financial compensation does not provide adequate redress, by an order that the defaulting party perform its obligations (a claim for specific performance) or stop acting in breach of its obligations (an injunction). For example, if a consultant fails to perform services he or she has contracted to provide, the client can seek damages based on the additional cost of obtaining substitute performance from another consultant. If an employer fails to pay for work provided by a contractor, the contractor can recover that payment as a debt. If a person contracts to se ll land, such as an office or house, but refuses to complete the sale, the purchaser can seek an order that the land be conveyed to it. 1.8 Categories of contract The categories of contract is most relevant to the construction industry include the following. Contracts made by deed and simple contracts (the rest). Contracts entered into by deed do not require consideration; simple contracts do. For example, a promise of a gift will be contractually binding only if it is given by deed. Contracts made by deed also attract a longer limitation period (the period during which proceedings for redress must ordinarily commence) than simple contracts. The period is 12 years from breach for contracts made by deed, 6 years from breach for simple contracts. Contracts for estates or interests in land (such as a contract for the sale or lease of a house or office). Such contracts are governed by the Law of Property Acts and related legislation and by that branch of the law known as the law of real property. Most of such contracts are subject to the code for payment and dispute resolution provided for in that Act. Arbitration agreements (an agreement that provides that disputes will be determined by a private tribunal sitting as arbitrator, not by the court). Such agreements are subject to the detailed code set out in the Arbitration Act 1996. Consumer contracts (certain categories of contract, principally contracts for goods, for work and materials and for services where one of the parties is contracting for purposes that are outside the scope of its business, if any, and the other is contracting in the course of a business). Such contracts are subject to various statutory controls that may invalidate certain types of unfair or unreasonable terms imposed to the determent of the consumer. 1.9 The importance of contracts in the construction industry: Contract is only the forming agreements that are recognized as binding by the law of contract that the parties can regulate their rights and obligations in the knowledge that these rights and obligations can, if necessary, be enforced. Given the importance of contract law in structuring commercial relations, it is surprising that those procuring and providing work in the construction industry often deal inadequately with the formation of their contracts. This leads not only to uncertainties about what was agreed and when, but also to disputes about whether a binding agreement was concluded at all and whether legally enforceable obligations are created to provide work or to pay for it. Such disputes can arise during the work as well as after it is completed. 1.10 Contractual terms used in formation of contract The obligations that the parties accept when they conclude a contract are contained in its terms. The terms may be express or implied or, more usually, a combination of both. 1.10.1 Express terms Express terms are those that the parties expressly state when making their contract. Express terms may be written or oral. Oral terms may be evidenced in writing. * Written terms set out in documents forming the contract for example, where a client and builder execute a copy of a standard form building contract, such as a copy of the FIDIC condition of contract setting out all of the terms they have agreed, or where, as is often the case in a contract for the sale of goods, all of the terms are set out in a letter of offer, accepted by the purchaser orally or by conduct. * Written terms contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract * Oral terms agreed at a meeting or over the telephone. It is preferable for oral terms to be recorded (evidenced) in writing so that there can be no dispute about what was said, for instance by making and circulating a note of what was agreed. But failure to do this will not affect the validity of such terms, unless the contract is of a type whose terms must be made or evidenced in writing. 1.10.2 Implied terms Implied terms are those that are included in a contract even if the parties do not expressly refer to them at the time the contract is concluded. * Contract terms are implied by law or by statute if the contract is of a type in which such terms are ordinarily implied and the implication of those terms is not contrary to the express terms of the contract. For example, terms are ordinarily implied by the Sale of Goods Acts into contracts for the sale of goods, and by the Supply of Goods and Services Acts and law into contracts for work and materials or for services. * Terms implied to reflect the parties presumed intention if, having regard to the words used in the contract and the circumstances at the time it was concluded, they are necessary to give business efficacy to the contract or are so obviously a part of the contract that both parties would, if asked at the time, have said that they go without saying. For example, a contract to use a wharf will be subject to an implied term that it is safe for the ship to lie at that wharf. But a term will not be implied on this basis if it is inconsistent with the express words of the contract. * Terms may be implied by custom where the custom is a certain and general incident of a particular trade or place, and the use of the term is well known, reasonable and not contrary to law or to the express words of the contract. * Contract terms implied by course of dealing where the parties have contracted on the same terms on a number of previous occasions and they make another contract of similar type without expressly referring to those terms. 1.10.3 Exemption clauses An exemption clause is a contract term by which one party, usually but not invariably the party proposing the terms of contract, seeks to avoid or exempt itself from what would otherwise be its obligations or liability under the contract (an exclusion clause), or seeks to restrict or limit its liability in some way (a limitation clause).An exemption clause can work indirectly by, for instance, restricting the enforcement of obligations under a contract, or by making enforcement unusually onerous. Exemption clauses are commonly found in standard terms of business. For example, a seller of goods may seek to limit its obligations by providing in its standard terms that they form the whole agreement of the parties, and no terms are to be implied at law. The purpose of such wording is to exclude the implied terms of quality and title that would otherwise apply to the contract. A consultant provides in its terms of appointment that any liability, whether for default under the contract or in negligence, is limited to a specific sum. The purpose of such a provision is to cap the consultants potential liability to its client. Because exemption clauses exclude or limit what would otherwise be a partys obligations or liabilities under a contract, they must be clearly incorporated and clearly worded if they are to be effective. There are also various statutory controls over the effectiveness of such provisions, and, in a few instances, criminal sanctions are imposed on those who seek to include such clauses in their contracts. 1.11 Most Commonly Used Types of contract in UAE construction industry There are various types of conditions of contracts used all over the world. Most commonly used conditions of contracts in the past are FIDIC in Middle East JCT NEC in United Kingdom. In United Kingdom mainly JCT NEC conditions of contract is in practice in various forms. The conditions of contracts are listing the legal structure to be refereed to in case of any dispute or ambiguity arises. It also establishes a common basis to both the contractor and the client in understanding each partys commitments and rights against the other party. Understanding the rights and obligations are important prior to the agreement of a contract between the parties. 1.12 Key contract clauses used in condition of contract 1.12.1 Audit This clause typically outlines an owners right to perform reviews (audits) of contractor costs or records. Such clauses ordinarily outline what costs or records are subject to audit, when and under what circumstances. In cost plus contract this clause is very useful to client to restrict the overall project cost 1.12.2 Changes This clause is critical. This is the clause that allows the owner to direct changes to the work, including plans, specifications, and time of performance, means, and methods. Absent a change clause, an owner is precluded from making changes to the work. Of particular importance in this clause is whether the clause allows the owner to unilaterally direct changes to the work (in which case, if the contractor refuses to comply with the directives, they are in breach of the contract). Alternatively, the clause requires the owner and the contractor to mutually agree on the change (a bilateral change). On the other hand if there has been any discrepancy in specification or drawing this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or negative variation in construction industry. 1.12.3 Contractor Responsibilities This clause lays out, in general form, the duties, obligations and responsibilities of the contractor in performance of the work. This clause assigns specific risks to the contractor, including customarily the risk of adequate labor and equipment to accomplish the work within the required timeframe, the obligation to perform work safely, to perform work in strict accordance with the terms and conditions of the plans and specifications, and to be responsible for the work of subcontractors and suppliers, etc. This clause is very important in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get relief and guaranty for the works which has to be executed. 1.12.4 Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. â€Å"Excusable delay†under a contract results in time extensions but no time related damages. That is, a contractors performance time is extended because of excusable delay situation, but the contract is not entitled to collect time extension costs nor is the owner entitled to impose late completion damages for this time. â€Å"Compensable delay†, on the other hand, results in both a time extension as well a time excusable and compensable to the contractor while contractor caused delay is the responsibility of the contractor (to either make up the lost time or pay the contractually stipulate late completion damages). Third-party caused delay (sometimes referred to as force majeure delay) is, most often, excusable and no compensable to the contractor. 1.12.5 Differing Site Conditions or Changed Conditions This clause normally provides an equitable adjustment to the contract in the event the contractor encounters a materially different condition at the site during performance of the work. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non stop rain for few month. Differing site conditions are unforcing events no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims 1.12.6 Dispute Resolution This clause customarily sets forth the mechanism to resolve disputes during the performance of the work. Most dispute clauses contain some form of a stepped resolution system. For example, the clause may require on site negotiation between project managers, followed by an appeal to project executives, followed by 3 days of mediation, followed by binding arbitration under a formal set of rules. Often, the location (jurisdiction) of the disputes resolution will be set forth. In construction industry there are several methods of dispute resolution like negotiation, mediation, Conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own framework to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry. 1.12.7 Force Majeure Some contracts contain a force majeure clause or a clause dealing with delays to the work caused by unforeseeable events beyond the control of both the owner and the contractor. Such clauses often provide lists of examples of force majeure events acts of God, acts of the government, civil disorder, acts of war, adverse weather, fires, floods, strikes, etc. Other contracts provide for such events in the excusable delay clause. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain loss or expense due to unforeseen event. 1.12.8 Governing Law The contracts involve parties from differing locations with subcontractors and suppliers from even more locations. Accordingly, contracts often specify which law applies to a dispute, regardless of where the dispute is handled. 1.12.9 Indemnification To indemnify another is to protect them against loss or damage either by paying for the loss or standing in their place in the event of legal dispute. An indemnification clause in a contract typically requires a contractor to indemnify the owner against all loss resulting from contractor errors, omissions, accidents, third party property damages in construction industry. 1.12.10 Insurance This clause requiring the owners and contractors to furnish multiple insurance policies prior to commencing work, among which are the following: builders risk/all risk; workmans compensation; automobile, aircraft, and/or marine liability; general liability; bodily injury; broad form property damage; completed operations; personal injury; etc. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document. 1.12.11 Late Completion Damages This clause specifies the damages for late completion. In general terms, there are two types of late completion damages actual and liquidated. Actual damages are those damages an owner actually suffers when a contract is completed late and may include loss of revenue, increased engineering, architectural or inspection services, increased financing costs etc. Liquidated damages, on the other hand, is a pre-agreed upon amount the contractor will pay the owner in the event the project is completed late due to no excusable delay cause-that is, due solely to the contractors fault. Such damages are typically expressed in terms of a daily cost and need not be proven as actually incurred if the project is completed late. 1.12.12 Limitation of liability In order to cap (or limit) a contractors risk from late completion damages, performance penalties, etc., under a contract, many contracts contain a clause limiting maximum liability to a percentage of the value of the contract. However this clause is very important UAE construction industry. UAE is fast growing country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction. 1.12.13 Order of Precedence This clause intended to provide guidance to both the owner and the contractor in the event of conflicting provisions. Typically, specifications have precedence over general provisions, and so on and so forth. The legal concept is to provide guidance to people on projects in the event there are two or more conflicting provisions relating to a topic. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the above mentioned order is used to settle the disputes in construction 1.12.14 Owner Responsibilities Similar to a contractor responsibility clause, an owner responsibility clause ordinarily sets forth the obligations of the project owner, including adequate project financing, all required and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take any action during the execution of works 1.12.15 Payments This is key contract clause in terms of project cash flow. This clause sets forth how often the contractor is to be paid, in what manner, and what are the conditions precedents to the issuance of payment. In construction it helps the contractor to manage the finance before the commencement of project. 1.12.16 Quantity Variations The contracts contain estimated quantities to be installed. In the event as-bid quantity estimates vary substantially (+/- 10 percent or more) many contracts (both unit price and lump sum) contain a quantity variation clause which allows either the owner or the contractor to request a predetermination of the as-bid unit price on affected portions of the work. 1.12.17 Schedules A schedule clause typically sets forth the requirement for contractor scheduled , including format (bar chart vs. CPM), level of detail, submittal requirements, frequency of schedule updating, damages for failure to submit, delay or time extension analysis requirement, actions to be taken in the events of forecasted late schedule, etc. 1.12.18 Suspension of Work This clause habitually allows a project owner to suspend or stop all or some of the work, with or without clause. Such clauses normally provide for some adjustment to the terms of the contract in such events, including a time extension and payment of delay costs. However, recovery of time and cost limited by the terms of contract. Often, if the actual clause of the suspension order is something for which the contractor is responsible (i.e., unsafe work conditions, work not in compliance with contract requirement, etc.) no recovery time or cost is allowed. This clause gives the owner choice to delete the some or whole part of work with legal manner 1.12.19 Termination Almost all contracts have a provision allowing the owner to end, in whole or in part, performance of the work prior to project completion. There are, typically, two types of termination; termination for convenience and termination for default. Termination for convenience usually occurs when a project owner decides, for their own reasons, not to complete the project as designed. Such situations might arise if the owners needs change, if project financing fails, or if the underlying project economics change substantially. In such a circumstance, the owner may elect to terminate the contractors performance for the convenience of the owner and pay off the contractor in accordance with the terms of the clause. Termination for default arises only when a contractor is found to be in material breach of the contract, has been provided with a cure notice form the owner outlining the material breach, and has failed to remedy the breach in a timely manner. Usually the owner will terminate the co ntractor from the project and call upon the contractors financial guarantees to complete the work (i.e., letter of credit or surety bond). Some contracts also provide a contractor the right to terminate their participation in a project. Under certain carefully proscribed circumstances (such as, failure to make payments, bankruptcy of the owner, suspension of the work for more than a defined period of time, etc.) the contractor is allowed to terminate their own involvement in the project. 1.12.20 Time of the Essence/Time of Performance- Timely project completion is normally important, most contracts contain a clause stating that â€Å"Time is of the essence of this contract. â€Å"Such a clause must be included to make enforceable a time of performance clause and collection of late completion damages. Absent such a clause, the time of project completion is considered unenforceable. The time of performance clause, typically expressed either in work or calendar days after issuance of notice to precede, sets froth when the work must be completed and the consequences of failure to meet these dates. 1.12.21 Warranty A warranty clause, which ordinarily continues in existence for some specified period of time after project completion, guarantees the contractors work after project acceptance. It is not uncommon for warranty clauses to require a warranty for 1 year after project completion, during which time, if any portion of the project fails, the contractor is obligated to return to the project and make it right or agree to some commercial settlement of the issue. 1.13 Strengths and Weaknesses of contract in construction industry Various advantages and disadvantages in the usage of contracts. The contracts are imposing a better control over the contractors and always state the penalties for non-compliance. Punishment used as a tool for guidance of the projects for timely completion and it is not working always successfully. 1.13.1 Strengths * Firmly laid down rules and regulations Rules and regulations are made up to follow the instruction in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project. * Pre agreed procedural commitments Contract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the proj
Wednesday, September 4, 2019
tuesday with morrie :: essays research papers
How to give a summary of such a powerful book seems to me to be beyond comprehension. The book has left me so full of life, so committed to changing the way I behave, the way I think, the way I feel about life, death, how I treat others, and how I spend the hours of everyday. The book has left me with thousands of zooming thoughts in my head, like moths circling a light bulb, just trying to feel the soothing heat being radiated from it’s ember glow. The way I feel after reading this book, must be how an immigrant felt when taking those first steps onto American soil. Extremely overwhelmed yet so filled with anticipation for the new life they can lead, if only they make the right choices for themselves, and not fall into the pitfalls of society’s culture, but make a culture of their own. â€Å" Invest in the human family. Invest in people. Build a community of those you love and who love you†The main character of the book is a College professor at Brandeis University in the city of Waltham, Massachusetts. His name is Morrie Schwartz. One of his students (who he hasn’t seen in sixteen years) has just heard the news of his favorite professors, battle with Amyotrophic lateral sclerosis (ASL), Lou Gehrig’s disease, a brutal, unforgiving illness of the neurological system with no known cure. The student, Mitch Albom, (also the author) decides to fulfill the promise he had made to Morrie after graduation, of keeping in contact. He catches a flight to Massachusetts on a Tuesday and does this for the next several Tuesdays till the death of Morrie. On those Tuesdays, classes were being held, not in the all too familiar classrooms of the college, but in the intimate setting of Morrie’s home. They would write their final thesis paper on â€Å"The Meaning of Life.†The paper was to include but not be limited to the following topics: Death, Fear, Aging, Greed, Marriage, Family, Society, Forgiveness, and A Meaningful Life. Every Tuesday when Mitch would arrive he could see the brutal deterring of Morrie’s small disease infested body. Yet the spirit of this small dying man was bigger than life itself. This confused Mitch, but as the story progresses Mitch begins to comprehend why this man with only months to live is still so filled with life. tuesday with morrie :: essays research papers How to give a summary of such a powerful book seems to me to be beyond comprehension. The book has left me so full of life, so committed to changing the way I behave, the way I think, the way I feel about life, death, how I treat others, and how I spend the hours of everyday. The book has left me with thousands of zooming thoughts in my head, like moths circling a light bulb, just trying to feel the soothing heat being radiated from it’s ember glow. The way I feel after reading this book, must be how an immigrant felt when taking those first steps onto American soil. Extremely overwhelmed yet so filled with anticipation for the new life they can lead, if only they make the right choices for themselves, and not fall into the pitfalls of society’s culture, but make a culture of their own. â€Å" Invest in the human family. Invest in people. Build a community of those you love and who love you†The main character of the book is a College professor at Brandeis University in the city of Waltham, Massachusetts. His name is Morrie Schwartz. One of his students (who he hasn’t seen in sixteen years) has just heard the news of his favorite professors, battle with Amyotrophic lateral sclerosis (ASL), Lou Gehrig’s disease, a brutal, unforgiving illness of the neurological system with no known cure. The student, Mitch Albom, (also the author) decides to fulfill the promise he had made to Morrie after graduation, of keeping in contact. He catches a flight to Massachusetts on a Tuesday and does this for the next several Tuesdays till the death of Morrie. On those Tuesdays, classes were being held, not in the all too familiar classrooms of the college, but in the intimate setting of Morrie’s home. They would write their final thesis paper on â€Å"The Meaning of Life.†The paper was to include but not be limited to the following topics: Death, Fear, Aging, Greed, Marriage, Family, Society, Forgiveness, and A Meaningful Life. Every Tuesday when Mitch would arrive he could see the brutal deterring of Morrie’s small disease infested body. Yet the spirit of this small dying man was bigger than life itself. This confused Mitch, but as the story progresses Mitch begins to comprehend why this man with only months to live is still so filled with life.
Tuesday, September 3, 2019
Plot Summary of This Other Eden by Ben Elton :: essays research papers
The story begins with a view into what life is going to be like in the next century for the people of Earth. The first image described is of a rat eating away at a man's rotting leg, as he lies in mountains upon mountains of garbage. The man then decides that he is going to have to cut off his leg in order to save himself. This however, is not the world in which the characters of the book live, this is a world created by Nathan Hoddy, an English screen-writer whose job it is to market the end of the world.... The story in set sometime in the future, it does not say exactly when, but gives the impression that it is in the not-too-distant future. The world is much different and technically more advanced, with people (especially those in the USA) frequently undergoing plastic surgery to make themselves look as beautiful and young as they desire. People play with virtual reality helmets in their spare time, and aeroplanes leave the Earth's atmosphere, wait for the earth to rotate, and land where they desire. Britain is the dumping ground for the entire world's waste. There is no place on Earth where people can go outside for any extended period of time, without exposing themselves to millions of harmful rays. The story is set in many countries around the world, it changes between England, the USA, Ireland, and other various parts of Europe. Plastic Tolstoy is probably the main character in this book. Plastic is head of 80% of all the world's media and also runs the claustrosphere company. He has achieved this position of power through convincing the world that marketing is all that matters and that, beforehand, there were too many programmes breaking up the adverts. Plastic Tolstoy is the creator of â€Å"advertainment†, an extra long advert whose aim it is to capture people’s attention whilst also selling them things. Plastic is incredibly powerful and lets everyone he can know about it. He is rude to anyone and everyone, and is good at it. He talks to people constantly in a completely sarcastic and patronising way, probably as a way of letting them know that he is the one in the position of power. For example, when Nathan Hoddy is pitching his idea to him, he returns every idea told to him with a bitterly sarcastic and aggressive reply. "Do I think, perhaps? Plot Summary of This Other Eden by Ben Elton :: essays research papers The story begins with a view into what life is going to be like in the next century for the people of Earth. The first image described is of a rat eating away at a man's rotting leg, as he lies in mountains upon mountains of garbage. The man then decides that he is going to have to cut off his leg in order to save himself. This however, is not the world in which the characters of the book live, this is a world created by Nathan Hoddy, an English screen-writer whose job it is to market the end of the world.... The story in set sometime in the future, it does not say exactly when, but gives the impression that it is in the not-too-distant future. The world is much different and technically more advanced, with people (especially those in the USA) frequently undergoing plastic surgery to make themselves look as beautiful and young as they desire. People play with virtual reality helmets in their spare time, and aeroplanes leave the Earth's atmosphere, wait for the earth to rotate, and land where they desire. Britain is the dumping ground for the entire world's waste. There is no place on Earth where people can go outside for any extended period of time, without exposing themselves to millions of harmful rays. The story is set in many countries around the world, it changes between England, the USA, Ireland, and other various parts of Europe. Plastic Tolstoy is probably the main character in this book. Plastic is head of 80% of all the world's media and also runs the claustrosphere company. He has achieved this position of power through convincing the world that marketing is all that matters and that, beforehand, there were too many programmes breaking up the adverts. Plastic Tolstoy is the creator of â€Å"advertainment†, an extra long advert whose aim it is to capture people’s attention whilst also selling them things. Plastic is incredibly powerful and lets everyone he can know about it. He is rude to anyone and everyone, and is good at it. He talks to people constantly in a completely sarcastic and patronising way, probably as a way of letting them know that he is the one in the position of power. For example, when Nathan Hoddy is pitching his idea to him, he returns every idea told to him with a bitterly sarcastic and aggressive reply. "Do I think, perhaps?
Monday, September 2, 2019
The Symbolic Meaning of the Radio in The Enormous Radio Essay -- Enorm
The Symbolic Meaning of the Radio in The Enormous Radio     Many authors use the personification of inanimate objects to symbolize the feelings and expressions of their characters. One example of this is in John Cheever’s short story, "The Enormous Radio." Although critics argue that the characteristics of the radio are the opposite of those of Jim and Irene Westcott, the radio actually reflects the couple’s life. Even though in the beginning of the story the Westcotts’ old radio is outdated and constantly malfunctioning, it has the same innocence and simplicity as the couple. The radio, being "an old instrument" (817), and the couple, resembling "statistical reports in college alumni bulletins" (817), are both average and uncomplicated. Neither Jim nor Irene "understood the mechanics of the radio" (817), just as the radio, a machine, did not understand the human music and language it transmitted. Eventually the couple’s life begins to fall apart. This happens as the old radio get worse and finally "the music [from the radio] faded away all together" (817). When the ...
Sunday, September 1, 2019
Comparison of Crime and Punishment and Julius Caesar Essay
William Shakespeare’s famous play Julius Caesar written in 1608 is here compared with Crime and Punishment written by Fyodor Dostoyevsky in 1866. Whereby the two authors lived in completely different times, both texts had similarly established their storylines around protagonists who committed crimes based on theories they believed in. For example, Brutus from Julius Caesar commits murder because of his patriotism; while Raskolnikov commits murder with his belief in the à ¯Ã‚ ¿Ã‚ ½bermensch theory. This similarity has then brought further realization of similar depiction of protagonists between the authors. Such similarities are prevalent by the manner the protagonists conceal their emotions from interfering with their paths to greatness. This ultimately leads to each protagonist’s act of digging their own hole, whereby they alienate themselves from those they love. Hence this allowed for the ambiguous response from the audience, as we are shaped into the capability of hating and loving the protagonist from both texts. Thus, though these internationally-acclaimed texts were written by authors of different eras, a similarity exists in the fashion they have portrayed their protagonists. Primarily, both protagonists suppress their love for others in their search for greatness. The protagonist of Julius Caesar, Brutus, describes his suppression to his friends, â€Å"not that I loved Caesar less†¦as he was ambitious, I slew him. There is tears for his love.†(Shakespeare, 3.2.26-27) The first sentence of this quote affirms the protagonist’s inevitable love for his friend Caesar, whom Brutus paradoxically ends up murdering after emotional debates. Shakespeare has interestingly employed paradox in this quote to further corroborate Brutus’s dominant characteristic of nobleness, when Brutus declares his true patriotic motives in murdering Caesar. â€Å"Tears†in the last sentence conveyed a sorrowful and regretful tone. This suggests Brutus’s inner conflict, which is his attempt to suppress his affection toward his friend in order to kill Caesar. The protagonist of Crime and Punishment, Raskolnikov, also strives to suppress his compa ssion. Raskolnikov questions himself after helping a drunken girl, â€Å"Is it for me to do that? And how could I ever have gone and given away those twenty copecks?†(Dostoyevksy, 62) This quote demonstrates a sudden shift of mood, as Raskolnikov just shows his angelic side by helping others and now his demonic side takes over. These actions reflect the motif of dual personalities. The above three elements illustrate Raskolnikov’s inner turmoil in suppressing his angelic side. Thus it is ironic that he exclaims he shouldn’t have given away money, yet later gives money to Sonya’s family. Raskolnikov’s failure in suppression foreshadows his failure as a superhuman. Although both protagonists share the characteristic of suppressing their love for others, they suffer different consequences. In Julius Caesar, Brutus’s suppression of love for Caesar isn’t clearly interpreted by Antony, who tells all, â€Å"how dearly Caesar lov’d him (Brutus)! This was the most unkindest cut of all†¦Then†¦all of us fell down.†(Shakespeare, 3.2.180, 181, 189) Antony’s such realization reveals his shrewdness and true, open love to Caesar, in contrast to his foil, Brutus’s, suppressed love. Ironically, Antony’s manifestation of his love for Caesar foreshadows Brutus’s tragic downfall. Through this, Shakespeare is able to criticize the suppression of emotions. In Crime and Punishment, the protagonist Raskolnikov has a better fate than Brutus. He confesses his crime to Sonya, who â€Å"he had sought a human being, when he needed one.†(Dostoyevsky, 621) This quote reveals the theme of common suffe ring and understanding. Raskolnikov’s suppression of compassion has resulted in his physical and psychological suffering. As Sonya is also subject to poverty, Raskolnikov knows she may understand his torment and help him find salvation. In both texts, the authors depicted how protagonists are forced to suppress emotions for others despite the differences in the consequences of their actions. There’s no permission or prohibition involved (for the extraordinary people).†he (the ordinary person) will suffer when he realizes the error of his ways†¦ Secondly, the protagonists both choose to abandon their families and isolate themselves. In Julius Caesar, Portia questions Brutus’s behaviour, â€Å"And when I ask’d you what the matter was, / You star’d upon me with ungentle looks. / Yet I insisted, yet you answer’d me not.†(Shakespeare, 2.1. 241, 245) Through this quote, readers are introduced to the protagonist’s alienation of wife Portia due to his patriotism. Brutus’s insistent isolation denies the motif of emotional weakness, which is possessed by his foil Caesar when Calpurnia persuades him to stay home. The sharp contrast between these characters illustrates Brutus’s honourable and heroic characteristics. The theme of lack of communication proves to be a tragic fallacy for both Brutus and Portia. If they’d openly shared the problem, the tragic downfall of both characters might’ve been avoided. The protagonist of Crime and Punishment, Raskolnikov, tells So nya (Dostoyevsky, 291) that â€Å"[He] deserted [his] family today, so [He] shan’t see them anymore.†This quote highlights the theme of isolation, caused by his belief in the à ¯Ã‚ ¿Ã‚ ½bermensch theory. Raskolnikov chooses to desert his family because of his superhuman pursuit. However, his speech often reflects irony. His deep trustful relationship with Sonya foreshadows his incapability of achieving the superhuman state. Furthermore, Raskolnikov shows strong concern when Svidrigailov, Raskolnikov’s foil and a round antagonist, attempts to harm Dunya, his sister, in Part V of the novel. Contradictory to his words, Raskolnikov reveals the motif of psychological uncertainty, which is closely related to his punishment. In both novels, the protagonists have attempted to isolate themselves from their families to achieve greatness. However, they regard their family and friends differently. Brutus is accompanied by friends throughout the play. The flat character, Lucilius, aids with Brutus’s escape by impersonating him (Shakespeare, 5.4.7-8). This loyalty affirms Brutus’s well association with his friends and reveals Brutus’s nobleness in the eyes of his countrymen. On the other hand, Raskolnikov takes the isolation to a higher level by deserting his friends. He tells Razumikhin, â€Å"I don’t need†¦anyone†¦I’ll manage by myself†¦on my own†¦Ã¢â‚¬ (Dostoyevsky, 136) The use of ellipsis again depicts the motif of psychological uncertainty. Raskolnikov wants to isolate himself, but his stumbling speech portrays his doubts in his ability to alienate himself. Thus, it’s quite ironic that he eventually seeks help from Sonya, for redemption, and Razumikhin, for taking care of his family. Shakespeare and Dostoyevsky illustrate the theme of isolation as one of the major themes in their text which contribute to the protagonists’ tragic downfalls. Lastly, we find that Shakespeare and Dostoevsky use both good and evil qualities to characterize their protagonists. Through this, they are able to successfully provoke the readers’ empathy despite the characters’ misjudgements. In the final scene of Julius Caesar, Mark Antony makes a concluding remark about Brutus after he has died, â€Å"This was the noblest Roman of them all:/[Brutus] only, in a general honest thought/And common good to all, made one of them./’This was a man!†(Shakespeare, 5.5.68-75) Here, Antony demonstrates his admiration and respect for Brutus even though he was part of the conspiracy. The irony is revealed when Antony compliments the murderer of Caesar as â€Å"noble†even though he had previously aroused the crowds against Brutus in Act III. Antony’s shrewdness also reflects the motif of nobleness, demonstrated by Brutus’s patriotic reason in committing the murder. Using iambic pentameter, Antony praises Brutus’s nobility sincerely. His speech reminds the readers of Brutus’ unselfish sacrifice for his country, simultaneously provoking empathy, enabling readers to associate Brutus more as a hero than that of a sinful criminal. Whereas in Crime and Punishment, in Raskolnikov’s confession to Sonya, he says, â€Å"I’d started to search my conscience and ask myself whether I had any right to assume power over someone else like that meant that I didn’t have any such right†¦Ã¢â‚¬ (Dostoyevsky, 500) This quote from the climax of the novel reflects a milestone in the plot development. By admitting this mistake, that he had no right to commit the murder, is the protagonist’s first step towards redemption, a major theme of the novel. Also, the novel is written in a thir d person limited omniscient point of view, thus readers are able to feel Raskolnikov’s sorrow and intense emotions in his confession. Readers can’t help but sympathize with Raskolnikov and his psychological torment caused by belief in the Ubermensch theory – his tragic fallacy. Although the protagonists in the texts, Brutus and Raskolnikov, are murderers, the reasons behind their crimes are different. Brutus contemplates whether or not to kill Caesar and finally decides, â€Å"It must be by his death. And for my part/I know no personal cause to spurn at him/But for the general†¦Ã¢â‚¬ (Shakespeare, 2.1.10-13) This quote again illustrates the motif of nobleness. In this quote, Brutus reveals his patriotic and unselfish reason for murdering Caesar in order to benefit the greater good. Shakespeare skilfully employs iambic pentameters here to reveal Brutus’s nobility and determination in committing such crime. This quote also helps with plot development as it foreshadows Caesar’s death. Raskolnikov on the other hand, also commits murder but he has his own intentions. Raskolnikov confesses to Sonya, â€Å"I didn’t kill in order to help my mother! I didn’t kill in order get money or power and thus be able to become a benefactor of mankind. I simply killed†¦ for no one but myself†¦ what I needed to know†¦was whether I was a louse or a man.†(Dostoyevsky, 500) This quote signifies Raskolnikov’s motive in committing murder was not based on utilitarianism but personal needs. The anaphora used for rejecting his previous justification of the crime reflects his self-realization. Pride is a motif in the novel. By admitting his misjudgement, Raskolnikov demonstrates his wounded pride. This highlights his psychological growth from the crime. By combining positive and negative characteristics, Shakespeare and Dostoevsky have successfully portrayed the protagonists like real people, possessing flaws and merits. Thus, in the end, both authors have created protagonists who attempt to achieve greatness – yet face difficulty in terms of overcoming relationships with important characters in their lives. Such difficulty halt their paths to greatness as it forces Brutus to find motivation to kill Caesar; and as it brings Raskolnikov to realize his inability to follow the à ¯Ã‚ ¿Ã‚ ½bermensch theory for he’s unable to overcome human compassion. However, both also fight their battles before realizing they were not meant for greatness; Brutus and Raskolnikov alienate their loved ones, but discover they cannot endure their absence. This portrayal of the protagonists illustrates how though their deeds are evil, they are still human and suffer as humans do thus earning our empathy where it was first nonexistent. In conclusion, therefore, with such similarities present in each protagonist throughout both stories of radically different timeframes, the authors William Shakespeare and Fyodor Dostoyevsky had evidently shared an ability to establish similar yet effectual protagonists; in this case, Shakespeare and Dostoyevsky with their distinctive great minds thought alike indeed. Bibliography Dostoevsky, Fyodor. Crime and Punishment. Trans. David McDuff. London: Penguin Books, 2003 Shakespeare, William. Julius Caesar. Ed. Roma Gill. Oxford: Oxford University Press,
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