Saturday, January 25, 2020

Issue of Certainty in a Contract

Issue of Certainty in a Contract â€Å"The cases provide many examples of judicial awareness of the danger that too strict an application of the requirement of certainty could result in the striking down of agreements intended by businessmen to have binding force† – Treitel. Critically evaluate this statement in light of case law and consider in your answer whether the extent to which the parties have acted on an agreement influences the judges. Introduction In looking to critically evaluate the above statement in view of the case law that has been decided in this area, so as to also be able to consider the extent to which parties have acted on a business agreement serves to influence any judge, this essay will first look to consider the importance of certainty in agreements by recognising the significance where there is a lack thereof. Then, this essay will also look to reflect upon how a contract is generally formed and as to how the issue of certainty relates specifically to a contract’s formation in this regard for when it is said to come into being. Following on from this, this essay will look to determine the issues that a court will look to consider in evaluating as to whether a particular agreement before them is sufficiently certain to be considered a legally binding contract, whilst also looking to consider the extent to which the parties have acted on an agreement serves to influence the judges in coming to their decisi ons in relation to these matters, before finally looking to conclude with a summary of the key points that have been derived from an understanding of this discussion. The significance of certainty On this basis, to begin with it must be appreciated that the issue of certainty in any business agreement is generally considered to be paramount to the formation of a formal contract because it has been a long-held maxim of the law that that which is certain is that which can be made so leading to a binding contract being formed that is enforceable by the courts[1]. Consequently, a lack of certainty increases the costs of disputes because the ability to avoid, manage and/or resolve any dispute early, and on a reasonable commercial basis, is clearly negated where there is a lack of accurate documentation, whilst the lack of certainty also serves to create risks for those involved where there is a lack of a formally recognised agreement in place. Therefore, by way of illustration, it was recognised in Montreal Gas Company v. Vasey[2] that where the company in question made a contract with the other party to this case with the promise that, if it was ‘satisfied’ with them as a customer, the company would then look ‘favourably’ on an application for renewal of their contract with them, this was not considered sufficiently certain to create a legal obligation because of the indefinite or unsettled nature of such a term. Nevertheless, it is also important to appreciate a transaction that may otherwise be considered to have left some essential term of their agreement undetermined may provide some method of determination other than what is considered to be a future agreement. The formation of a contract – Where do the problems lie? Ostensibly, it is commonly understood that a contract is effectively formed where there is an offer, consideration and acceptance that is sufficiently certain so that it is then for the courts to determine whether the required elements are present in any business arrangement[3]. This is because the offer refers to a proposal that is expressed orally or in writing from one party (the ‘offeror’) to another (the ‘offeree’) to do or give something for remuneration with a view to forming an agreement that is usually legally binding on the basis of the conduct the parties. Such a view arises from the fact it was recognised in Adams v. Lindsell[4] the rules in relation to the recognition of a valid offer states that thus will be so where it is (a) made to definite person, class, or the world; (b) it is effectively communicated; and (c) it reaches the offeree. Then, with regards to the element of consideration required, this consists of a â€Å"right, interest, pro fit or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other†, in keeping with the decision in Currie v. Misa[5], that must be legal, not past, and move from the promisee to the promisor[6]. However, the problem with certainty in business agreements arguably arises most commonly in relation to the issue of acceptance of an offer to formalise the agreement between the parties in the prescribed manner. This is because it was recognised in Hyde v. Wrench[7] that the offeree must accept the offer made by the offeror unequivocally without qualification in words or through conduct in conformation with the indicated or prescribed terms of the offer. But then, in the decision in Chillingworth v. Esche[8], it was effectively understood that it is possible to have an acceptance of terms that are ‘subject to contract’ where the parties will only be bound by a formal contract. Moreover, where the terms of an offer are not accepted by the offeree without alteration, then it could be argued that negotiations will continue because anything that the offeree then proposes may be considered to be a counter-offer so that the positions of the respective parties change (i.e. off eror becomes offeree and vice versa). Therefore, this effectively means that there is only likely to be an agreement on terms that are substantially different from those originally put forward by the parties in such circumstances[9]. Buying and selling More specifically, where there is an unequivocal desire to buy and sell, but a lack of certainty as to terms of the agreement, the courts will look to consider the nature of the transaction for themselves that may be determined by the standard of reasonableness (i.e. what is considered reasonable) in the specific circumstances of the case. Such a view is effectively illustrated by the examples of the decisions in Brown v. Gould[10], where what was considered the ‘market value’ of the goods was determined by the courts, and Didymi Corporation v. Atlantic Lines Navigation Company Ltd[11], where the idea that an agreement regarding a hire was to be ‘equitably decreased’ was also determined by the courts. But, in the case of price of goods and services in such cases, this has largely been governed by section 8 of the Sale of Goods Act 1979[12] which effectively means that the courts are able to allow actions for the recovery of reasonable sums of the value of t he goods or services in question[13] so long as the contract itself is silent as to the issue of price[14]. Therefore, by way of illustration, in May Butcher v. The King[15] when the supplicants agreed to purchase all of the Crown’s old tentage for a price â€Å"agreed upon †¦ as the quantities of the said old tentage become available and are offered to the purchasers† it was held there was no concluded contract because the price would be agreed subsequently for the transference of the goods in question. The influence of parties to an agreement upon the courts However, more generally, the function of any court is to put a fair construction on what the parties have said and done because Lord Wright in Hillas Co v. Arcos Ltd[16] said â€Å"Business men often record the most important agreements in crude and summary fashion†, that are â€Å"far from complete or precise† to those unfamiliar so that it is arguable that the parties to such agreements may be considered to have some influence over the approach that the courts may take in such cases. On this basis, this means that it is â€Å"the duty of the court to construe such documents fairly and broadly†[17] because the courts need to be satisfied that parties to an agreement have concluded a contract, whilst also still considering what has been said and done in its context, the relative importance of the unsettled matter and whether the parties have provided machinery within the terms of their agreement for settling any dispute. By way of further illustration, in the decision in Hillas Co v. Arcos Ltd[18] the court decided that the terms of the contract in this case were based on previous transactions (the original contract) between the parties and the custom of the timber trade because it was determined that in view of their previous agreements there was still sufficient intention to be bound in the future. Therefore, with this in mind, in view of the influence of the parties in acting on the same basis as under their previous transaction, clearly, in such circumstances it will be extremely difficult for the courts to say that a â€Å"contract is void for vagueness or uncertainty†, where it has been either or wholly or partially performed, since this serves to make it easier to imply a term into an agreement to resolve such problems[19]. However, as well as the influence acceded to the parties to agreements by the courts, it is also important to appreciate that a court will not commonly allow a contract to fail for uncertainty more generally if the contract also provides the means to acquire the level of certainty required for the particular contract. For example, in cases including Foley v. Classique Coaches Ltd[20], it was recognised that if the contract in question provides parties are to agree a price or quantities for delivery, but also contains an arbitration clause in this regard, the courts will imply a reasonable price will be paid where there is otherwise default on the part of the parties to the agreement determined by arbitration so that parties to the agreement still retain a level of influence even where they are in dispute. Moreover, matters in this regard may actually only be further complicated by the fact that parties in business often act on their informal agreements – even their version of events – pending the formalising of their agreement into a contract[21]. Then, where a contract is formalised, the courts may allow this contract to take on a retrospective effect to cover the work done during the period when the parties were working on the basis of an informal agreement[22]. But where there is no formalisation of an agreement between parties, work that is done, or goods that are delivered, under a letter of intent may lead to a restitutionary obligation to pay a reasionable sum by way of remuneration for this[23] so that the parties actions continue to have an effect on any decision that is reached. The problem with documentation In spite of the influence of the parties themselves on the decisions reached by the courts, however, in looking to consider how the courts deal with the issue of certainty (or lack thereof) in business contracts, it is important to appreciate that matters are also complicated somewhat by the use of other documents in the build up to the recognition of a formal agreement. Such a view is effectively illustrated by the use of letters of intent in the construction industry with a view to formalising a contract at a later date. This is because whilst, in the past, in decisions including British Steel Corporation v. Cleveland Engineering Co[24], such a document may have been considered akin to a conditional contract by the courts since it is effectively looked upon as a sign that one party is likely to want to contract with another, in Regalian Properties Plc v. London Dockland Development Corporation[25] there was an unsuccessful action for reimbursement of expenses incurred by a property developer regarding preparatory work regarding a contract that also never materialised in spite of the presence of a letter of intent since it is a matter of interpretation. Consequently, it is important to appreciate that the courts have become prone to taking a differing view from case to casxe because they do not consider cases decided in this area to be analogous in the circumstances. Such a view is reflected in the fact that whilst one party, in British Steel Corporation v. Cleveland Bridge Engineering Co[26], requested the other to perform services and supply goods needed under the expected contract, the costs Regalian Properties Plc v. London Dockland Development Corporation[27] sought reimbursements for what it did in an effort to put itself in a position to obtain and then perform the contract that was unsuccessful. This is largely because the court in such cases may be unwilling to imply a contract on the basis of a letter of intent because the language used is often uncertain and, in view of previous negotiations, it may also be argued that all that is assumed is a moral responsibility and not something that is contractual but, again, that is something for the courts to determine on the facts as they arise as a matter of interpretation[28]. Nevertheless, matters in this regard are also not helped in relation to the recognition of certainty in business agreements where the contract between the parties is considered incomplete because of a failure to cover all of the pertinent points that are considered significant by the parties so that one party asserts that a contract has been formalised and the other claims that it has not. Therefore, it is important to appreciate that in such cases the courts will need to consider whether an agreement is reached by the parties to a contract at a particular time, or as to whether there are other terms of the intended contract without the settlement of which the parties to the agreement have no hope of formalising a contract[29]. But where documentation produced in correspondence between the parties in dispute shows the parties have definitely come to terms – despite having some material points left open – a subsequent revival of negotiations will not affect the contract that is believed to have been made in the eyes of the court without the consent of the parties to the agreement that has been made so that they retain some influence over the courts that look to resolve their disputes[30]. More specifically, Justice Parker recognised in the decision in Von Hatzfeldt-Wildenburg v. Alexander[31] that if â€Å"documents or letters relied on as constituting a contract contemplate the execution of a further contract †¦ it is a question of construction whether the execution of the further contract is a condition or term of the bargain or whether it is a mere expression of the desire of the parties as to the manner in which the transaction already agreed to will in fact go through†[32]. Con sequently, it is matter upon which the courts could arguably go either way on in looking to interpret because it is really something to be decided upon on the facts of each individual case. Negotiations However, even where negotiations are successful, it was recognised in practice, as long ago as the decision in Kennedy v. Lee[33] that it may prove difficult to say with certainty when an agreement has been reached. This is because of the fact that it was recognised in this case that negotiations can often be long and complex with significant variations derived from offers and counter offers that may serve to detract or embellish the original basis of attempted agreement between the parties. Nevertheless, in the dcecision in Davies v. Sweet[34] it was understood that in spite of a prolonged period of negotiations courts may still find a concluded bargain by the conduct of the parties – thus seemingly bypassing the need for certainty so that any continuance of the negotiations will not necessarily serve to terminate an agreement between the parties. Such a need largely arises from the fact it is important to look to give effect to the reasonable expectations of business people that is an important object of the law of contract to facilitate in relation to their ongoing relations[35]. But, in the context of negotiations, a ‘lock out’ has also come to be considered to be unenforceable where it does not specify a time limit for its duration because it would indirectly impose a duty to negotiate in good faith which could not be considered a contract[36] – although such an agreement may be considered thuse if it is for a fixed period[37] – regardless of this it has been argued that certainty should have been resolveable in the interests of the parties through the recognition of the standard of reasonableness alluded to earlier in this discussion. Moreover, the courts have also felt at liberty to ‘strike out’ indefinite, but subsidiary, provisions as being insignificant so as to be able to give effect to the rest of the agreement[38]. Furthermore, with regards to an agreement to negotiate, the House of Lords recognised in Walford v. Miles[39] that such an agreement was effectively an agreement to agree so it was considered unenfo rceable because â€Å"it lacks the necessary certainty†[40]. Such a view has arisen because negotiations are, by their very nature, adversarial and allowed them to pursue their own interests, so long as they do not make misrepresentations, and withdraw where they see fit[41], whilst damages were also out of the question because no can tell whether the negotiations would be successful and what the result would be[42]. Conclusion In conclusion, in looking to critically evaluate the aforementioned statement so as to also be able to consider the extent to which parties have acted on a business agreement serves to influence any judge, it must be recognised that certainty within any agreement perpetrated by a business is extremely important. This is because certainty in relation to the agreements that are formed between parties clearly goes some way to limit and even negate the need to go to seek the resolution of their disputes. However, by its very nature, business negotiations are somewhat adversarial. Everyone involved with business wants to get ahead so it is perhaps little wonder that disputes do arise. But just because a dispute arises does not mean that the parties want to end the relationship that they have built up just because there is a lack of certainty in some aspect of the agreement that has been formed. Therefore, whilst the courts may look to resolve issues of certainty between the parties on the basis of the law as it stands and the understanding of what is considered reasonable in the circumstances, the parties themselves can and do retain an element of influence over proceedings between them. Consequently, the respective parties intentions when forming an agreement must be taken into account when determining the binding nature of any agreement. However, that is not meant to assuage the role that the courts do play in the resolution of disputes. It is just that the area is actually somewhat complicated by the lack of certainty in aspects of an agreement that is formed that need to be effectively resolved and, in view of the close proximity of the parties to their dispute, it is sometimes considered best for the parties to accede to the resolution of their dispute to the courts where they cannot otherwise be resolved between the parties themselves despite the influence that the co urts will still allow their dealings to have on their decisions in most cases. - (i) Research Strategy To begin with it is necessary to decide what the question set is asking – i.e. in this case, determining the need for something different to rectify a problem that apparently exists. This effectively means that any research carried out is required to seek to facilitate a ‘discussion’ involving the specific terms identified within the question so as to effectively determine and incorporate the academic and legal opinions of authorities to support the pertinent issues that have been derived from the research that has been carried out here for the purposes of answering the question. (ii) Materials Therefore, on this basis, it is particularly important to look to include case law in particular, in view of the stated requirement in the scope of the question, throughout the writing of this essay before listing them all in the bibliography for ease of further reference. As a result, both ‘Lexis Nexis Professional’ and ‘Halsbury’s Laws of England’ are websites that serve as significant research aids for writing this kind of work in view of the fact that they offer the most contemporary accounts of all legal subjects. (iii) Search Terms Legal professor David Stott’s work on legal research[43] has recognised the best approach to researching an essay is to look to take the title/question that you have been given and then highlight what you think are the key words and phrases so that, in this case, the following search terms are recognised – ‘Business’ ‘Contract’ ‘Buying’ ‘Selling’ ‘Legislation’ ‘Dispute Resolution’ ‘Certainty’. Then, having identified search terms for the purposes of research, combinations of these terms must be uses, whilst also looking to appreciate the fact that certain terms (i.e. ‘legislation’) will offer very little in view of the specifics elsewhere within the question without looking at more specific aspects. As a result, in view of the fact that the focal point of this essay’s discussion is the issue of certainty within, a particular context (i.e. business agreements), then it is clear that this must be recognised so as to be able to effectively achieve the required results to lead to further research into judicial decisions and other paper based sources outlined in the bibliography by looking at combinations of the aforementioned search terms (e.g. ‘contract’, ‘certainty’, ‘business’ and ‘agreement’). (iv) Review of Results In looking to effectively be able to evaluate the academic value of the research that has been carried out here, it is abundantly clear that, whilst the initial materials uncovered were excellent in view of their relevance, a true understanding of as to how successful the research actually was is only possible where we look to consider the content of what has been written in the essay itself. But then it is also necessary to look to consider as to how the answer to the question set looks to show an effective appreciation of how the materials that have been identified in the bibliography have been used. Therefore, it would seem that the results of this research have served to effectively facilitate a broad discussion of various areas in relation to the recognition of certainty within the context of business agreements and as to how the courts have dealt with the resolution of disputes, whilst also recognising the influence that the parties themselves can have in relation to the courts resolution, that have put been together in this paper so as to present an effective answer to the question that has been posed here. - Beatson. J ‘Anson’s Law of Contract’ 27th Edition, Oxford University Press (1998) Fridman. D. F ‘Construing, without constructing, a contract’ (1960) 76 LQR 521 ‘Halsbury’s Laws of England’ Lexis Nexis, Butterworths (2007) Lexis Nexis Professional (2007) (www.lexisnexis.com) Stott. D ‘Legal Research’ Cavendish Publishing Ltd (1998) Adams v. Lindsell (1818) 1 B Ald. 681 Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd [1944] KB 12 British Steel Corporation v. Cleveland Bridge Engineering Co [1984] 1 All ER 504 Brown v. Gould [1972] Ch 53 Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401 Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Chillingworth v. Esche [1924] 1 Ch 97 Courtney Fairbairn Ltd v. Tolaini Brothers (Hotel) Ltd [1975] 1 WLR 297 Currie v. Misa (1875) LR 10 Ex 153 Davies v. Sweet [1962] 2 QB 300 Didymi Corporation v. Atlantic Lines Navigation Company Ltd [1988] 2 Lloyd’s Rep 108 Foley v. Classique Coaches Ltd [1934] 2 KB 1 G. Percy Trentham Ltd v. Arhital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 G. Scammell Nephews Ltd v. Ouston [1941] AC 251 Hillas Co v. Arcos Ltd (1932) 147 LT 503 Hussey v. Horne Payne (1879) 4 App Cas 311 Hyde v. Wrench (1840) 3 Beav 334 Kennedy v. Lee (1817) 3 Mer 441 Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh [1989] 1 WLR 379 at Lipkin Gorman v. Karpnale [1991] 3 WLR 10 May Butcher v. The King [1934] 2 KB 17n Mitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129 Montreal Gas Company v. Vasey [1900] AC 595 Nicolene Ltd v. Simmonds [1953] 1 QB 543 Pitt v. PHH Asset Management Ltd [1994] 1 WLR 327 Queensland Electricity Generating Board v. New Hope Collieries Property Ltd [1989] 1 Lloyd’s Rep 205 Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 Trollope Colls Ltd v. Atomic Power Construction Ltd [1963] 1 WLR 333 Von Hatzfeldt-Wildenburg v. Alexander [1912] 1 Ch 284 Vosper Thornycroft Ltd v. Ministry of Defence [1976] 1 Lloyd’s Rep 58 Walford v. Miles [1992] 2 AC 128 Sale of Goods Act 1979 1 Footnotes [1] Fridman. D. F ‘Construing, without constructing, a contract’ (1960) 76 LQR 521. [2] [1900] AC 595. [3] See also the decisions in G. Scammell Nephews Ltd v. Ouston [1941] AC 251 (hire purchase terms) Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd [1944] KB 12 (war clause) for further examples of indefinite contract terms. [4] (1818) 1 B Ald. 681 – see also Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256. [5] (1875) LR 10 Ex 153. [6] See, for example, the decision in Lipkin Gorman v. Karpnale [1991] 3 WLR 10. [7] (1840) 3 Beav 334. [8] [1924] 1 Ch 97. [9] See, for example, the decision in Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401. [10] [1972] Ch 53. [11] [1988] 2 Lloyd’s Rep 108. [12] Although see also the Supply of Goods Services Act 1982 at section 15(1). [13] See, for example, British Bank for Foreign Trade Ltd v. Novinex [1949] 1 KB 623. [14] Sale of Goods Act 1979 at section 8(2). [15] [1934] 2 KB 17n. [16] (1932) 147 LT 503. [17] Ibid at p.514. [18] (1932) 147 LT 503. [19] See G. Percy Trentham Ltd v. Arhital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 at p.27 per Steyn LJ. [20] [1934] 2 KB 1 – see also Vosper Thornycroft Ltd v. Ministry of Defence [1976] 1 Lloyd’s Rep 58 Queensland Electricity Generating Board v. New Hope Collieries Property Ltd [1989] 1 Lloyd’s Rep 205. [21] See, for example, Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212. [22] See, for example, Trollope Colls Ltd v. Atomic Power Construction Ltd [1963] 1 WLR 333. [23] See, for example, British Steel Corporation v. Cleveland Bridge Engineering Co [1984] 1 All ER 504. [24] [1984] 1 All ER 504. [25] [1995] 1 WLR 212. [26] [1984] 1 All ER 504. [27] [1995] 1 WLR 212. [28] See Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh [1989] 1 WLR 379 at pp.388, 391 393. [29] See, for example, Hussey v. Horne Payne (1879) 4 App Cas 311. [30] See, for example, Mitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129 at pp.167, 175 179. [31] [1912] 1 Ch 284. [32] Ibid at p.288. [33] (1817) 3 Mer 441. [34] [1962] 2 QB 300. [35] Beatson. J ‘Anson’s Law of Contract’ 27th Edition, Oxford University Press (1998) at pp.62-68 [36] See, for example, Walford v

Friday, January 17, 2020

Food Adultration

Food adulteration Adulteration is the act of making any commodity impure by mixture of other ingredients. This mixture may corrupt the nature of the original to the extent of destroying its identity, or it may merely lower the value or effectiveness of the finished product. Adulteration of foods and beverages has been performed with the same aim—increasing profits for the manufacturer or merchant—since early times, when laws in ancient Greece and Rome addressed the coloring and flavoring of wine. England has had laws against adulteration of beer, bread, and other commodities since the 13th century, culminating in the Adulteration of Food or Drink Act of 1872 with its stiff penalties. The law was modernized with the 1955 Food and Drug Act. Adulteration not only functions to defraud consumers but it can also pose a health threat. In the case of illegal drugs sold on the street, adulteration is generally in the form of inert or harmless compounds, but deadly poisons, such as sodium cyanide, have sometimes been sold as heroin. Adulteration is not the only source of poor-quality or dangerous foods and drugs: The ingredients of junk foods need not be adulterated to ensure a virtual absence of nutritional value; potentially hazardous medicines will have more adverse effects if unadulterated. The consumer movement of recent times has focused not only on adulteration, but also on the nature of various unadulterated ingredients. For hundreds of years, governments have had an interest in regulating food processing to ensure the safety and wholesomeness of the foods consumed by their citizens. The earliest known food law was written in Japan in AD 702. In Britain, the first Pure Food Laws were enacted during the 1860s to combat adulteration, the secret use of additives to stretch wholesome foods with cheaper, no nutritious (and sometimes dangerous) ingredients. This practice became common during the Middle Ages (5th century to 15th century), when cities began to grow and urban populations no longer got their food directly from the farm, creating an opportunity for deception by middlemen. Today, several United States government agencies carry out inspections and enforce a comprehensive system of regulations governing food processing, packaging, and distribution. The FDA is responsible for monitoring and inspecting most all other food products. The FDA enforces the Food, Drug, and Cosmetic Act of 1938, which prohibits the shipping of adulterated or mislabeled products in interstate commerce. FDA inspectors visit food processing plants and warehouses to monitor all phases of processing, packaging, and distribution. Samples of food products are analyzed by FDA chemists to ensure the foods are wholesome and unadulterated and do not contain harmful substances, such as levels of pesticides above the limits set by the Environmental Protection Agency (EPA). In 1958, amendments to the Food, Drug, and Cosmetic Act gave the FDA authority to regulate the use of additives in foods. The Delaney Clause, which was part of those amendments, prohibits approval of additives that cause cancer in human or animal tests. Some people have criticized this clause for being too inflexible, because some studies show very small increases in cancer risk and some studies that show a risk of cancer in animals may not be relevant to humans. Since 1969, the FDA has set standards for inspection of retail food stores, restaurants, and cafeterias, although local health departments are responsible for carrying out those inspections.

Thursday, January 9, 2020

How The Advertisement Is Promoting Its Magic Eraser Product

Do the job that matters to you†¦ Our group has decided to choose a print advertisement from 2011 which we found on the Internet while searching for the perfect advertisement to bust. The Mr. Clean ad is promoting its’ magic eraser product. The advertisement captures an image of a mother and daughter scrubbing the shower with the product, depicting the tradition role of mother (wife) and daughter. We all agreed on this advertisement due to its blatant sexism, the notes of oppression towards women and when we look at the minor details of the ad, there were even more hidden implications included as well. The image in the advertisement was easy to bust because there was one main image with few words, giving us room to work with the advertisement and recreate it to spread a more positive image. We instantly began discussing ways to recreate the advertisement, talking about what we â€Å"want to do†, not what we are â€Å"supposed to do† as women. This advertisement was mainly chosen because of all the options it left us to be creative, and the message that was sent to consumers from this advertisement were explicitly wrong that it was so important to decode it and turn it into a more positive message for women. The Mr. Clean advertisement clearly targets the middle-aged women who stay home to take care of their children and household chores. The advertisement is obviously targeting women the typical â€Å"stay-at-home mom†. This ad gives the connotation that the joy of motherhood is notShow MoreRelatedA Short Note On Clean Magic Eraser Sponge2031 Words   |  9 Pageswhat they do â€Å"best†, cleaning. The ad that I personally chose to discuss is a mother’s day â€Å"Mr. Clean Magic Eraser Sponge† advertisement. This is a double sided utility sponge in which it may be used to clean all sorts of surfaces. It accordingly built to get all your tough stains out. This sponge is very easy to use, and will work on really any surface that one desires to use it on. This advertisement really doesn’t have a specific age that it intends to target, but it does target a solo demographicRead MoreFair and Lovely10103 Words   |  41 PagesLimited (HUL), Esteà © Lauder Companies, Avon etc. Skin care products occupy about 15% of the total cosmetics industry. The sector has mainly been driven by improving purchasing power and rising fashion consciousness of the Indian population. Moreover, the industry players are readily spending on the promotional activities to increase consumer awareness. The companies are venturing into online retailing and are offering specialized products to boost revenues. Indian cosmetics industry has witnessedRead MoreMarketing Channel44625 Words   |  179 PagesAnswer: D Diff: 1 Page Ref: 337 Skill: Concept Objective: 12-1 2) ________ the manufacturer or service provider is the set of firms that supply the raw materials, components, parts, information, finances, and expertise needed to create a product or service. A) Downstream from B) Upstream from C) Separated from D) Congruous to E) Parallel with Answer: B Diff: 2 Page Ref: 337 Skill: Concept Objective: 12-1 3) Another term for the supply chain that suggests a sense and respondRead MoreThe Sustainable Century By Design Or Disaster9705 Words   |  39 Pages...................................................... Error! Bookmark not defined. The Happy Abyss: 10 Reasons Emerging Market Companies are Ready for Sustainability Strategy and 10 Reasons Why They are Not .... Error! Bookmark not defined. vi How Sustainability Mangers Succeed in a Low Migraine Economy* (or nine ways to succeed as a sustainability manager in a skeptical environment)Error! Bookmark not defined. 1 Preface The day I turned 50 I spent several hours wondering what the world wouldRead MoreThe Sustainable Century By Design Or Disaster9705 Words   |  39 Pages...................................................... Error! Bookmark not defined. The Happy Abyss: 10 Reasons Emerging Market Companies are Ready for Sustainability Strategy and 10 Reasons Why They are Not .... Error! Bookmark not defined. vi How Sustainability Mangers Succeed in a Low Migraine Economy* (or nine ways to succeed as a sustainability manager in a skeptical environment)Error! Bookmark not defined. 1 Preface The day I turned 50 I spent several hours wondering what the world wouldRead MoreManagement Course: Mba−10 General Management215330 Words   |  862 PagesValue I. Valuation 229 229 253 279 1. The Value−Based Management Framework: An Overview 2. Why Value Value? 4. The Value Manager Harvard Business Review Finance Articles Eclipse of the Public Corporation 308 308 323 323 330 330 Article How I Learned to Live with Wall Street Article Second Thoughts on Going Public Article Reed−Lajoux †¢ The Art of M A: Merger/Acquisitions/Buyout Guide, Third Edition 10. Postmerger Integration 336 336 Text Hodgetts−Luthans−Doh †¢ International

Wednesday, January 1, 2020

Feminist Theory And International Human Rights - 786 Words

This article examines the interaction of feminist theories and international human rights discourses as detailed in UN documents. The UN has advanced women’s rights by introducing a new human rights discourse, and by offering a place for interaction among women from different parts of the world. Women have used these opportunities from the UN to push several different feminist theoretical frameworks. The author examines the interaction of these various feminist. theories. She is drawing attention to the gap between theory and praxis. She discusses how feminism has changed throughout the last 50 years . The United Nations is informed by the contemporary liberal feminist movement. When you treat power as a property, the approach ignores the differences of status and power. The moto some st important thing to get from this is that is assumes that people of a marginalized group can gain access to some sources of power, the entire group has the same access. She says that improvemen ts in policy on some indicators may help close the gender gap, but would not empower the majority of women, because those policies ignore the diversity of women, such as capitalism, race and class systems, and international power differentials. With the interactions of the UN discourse and modern day feminist theories, women’s rights are advanced in theory and rhetoric, but they have little hope for change in practice for most women. Feminist approaches have gotten more diverse and sophisticated intoShow MoreRelatedThe Five International Relations Theories, Realism, Liberalism, And Feminism1241 Words   |  5 PagesThree of the five international relations theories, Realism, Liberalism, and Feminism have very interesting and different positions pertaining to global politics and issues. These theories, although quite different, effect the past present and future of global politics. Realists tend to believe the worst in humanity, that they are inherently selfish, and expect the worst. They are always prepared for war, and will go on the offensive if it means gaining more power and respect. Liberals do not thinkRead MoreThe Fight For Equality Among Genders1687 Words   |  7 PagesDilenny Reyes INR4603.0W59 April 27, 2015 The equality among genders is a debate that has long been fought in the international realm. Although this is time where women and men are more close to being equal than they have ever been, there are still many areas in which equality falls short. Feminism is a theory based on the rising of women in order to be equal with men. It is a theory that best represents the need for equality among the sexes. Women are often seen in most societies as domestic maternalRead MoreFeminist Theory1248 Words   |  5 PagesFeminism refers to political, cultural, and economic movements aimed at establishing greater rights, legal protection for women, and or womens liberation. It includes some of the sociological theories and philosophies concerned with issues of gender difference. Nancy Cott defines feminism as the belief in the importance of gender equality, invalidating the idea of gender hierarchy as a socially constructed concept. Feminism has earned itself a bad reputation, but it never undermined gender differencesRead More International Organizations1664 Words   |  7 PagesAccording to Pease (2012), an international organization are conceived as formal institutions whose members are states and these are divided into two sub-groups called intergovernmental organizations (IGO) and non-governmental organizations (NGO). An IGO consists of states that voluntarily join, contribute financially, and assist in the decision making process. All of their members’ resolves, structures, and administrative protocols are clearly outlined in the treaty or charter. An example ofRead MoreHuman Trafficking Through A Feminist Theoretical Perspective846 Words   |  4 PagesHuman Trafficking Through a Feminist Theoretical  Perspective   Feminist Theory   It s unfortunate that when some people hear the term  feminism, they automatically place that as a negative word and it becomes something they  don t  want to be associated with. It  is unfortunate  that  people  will  try  to avoid  it  however, people will still  embrace  the feminist politics. As feminist scholar Susan A. Mann (2012) describes, when people refuse to identify as a feminist they create the I m-not-a feminist-butRead MoreThe Common Denominator of Security and Feminism600 Words   |  3 Pagesrefers to the area where theory and practice meet, it is about the struggles of the women`s movement and the theory that flows from their experiences, about women`s security understanding that transform our understanding of men`s security. The link between feminism and security points out that understanding security issues needs an enlargement to include specific security concerns and beliefs of women. This research emphasizes context-based interpretations of gender in human security. In respect ofRead More Feminism Essay1662 Words   |  7 Pageslegally restricted to the point they could not enter a contract, own property or have parental rights; unmarried women were challenged by society and pressured in to marriage (British History Oxford, 2007).The women’s rights and suffrage movements in the period between 1832 and 1918, which is known as ‘The first feminist wave’, aimed to challenge the idea of women being the inferior sex and demanded equal rights. This ‘so called’ first wave ended with the ‘Royal Assent to the Representation of the PeopleRead MoreThe Effects Of Writing On Feminist Theory1375 Words   |  6 Pages The Effects of Writing on Feminist Theory Throughout known history, societies that have developed across the globe have favored men. Men were permitted to be lawyers, doctors, voters, and land-owners; however, one of the most influential, yet underpaid occupations for an individual is the writer. Men have served for centuries as the mouthpiece for truth regarding all things, until early feminists pushed for girls to receive education including key success skills such as readingRead MoreRace, Class And Gender1032 Words   |  5 Pages IN WHAT WAYS DO RACE, CLASS AND GENDER SHAPE PRACTICES AND EXPERIENCES IN PRISON? DRAW ON THEORIES AND EXAMPLES/CASE STUDIES TO SUPPORT YOUR CASE. OVERVIEW This essay will explore how race, class and gender shapes practices and experiences in prison. Firstly, a discussion of prison in general is necessary. In other words, what constitutes prisons, its aims and objectives and prison culture (Reeves, 2015). Currently there are 38,845 prisoners in Australia (Australian Bureau of Statistics, 2016)Read MoreFeminism : A Feminist Perspective1168 Words   |  5 Pageseye-opening articles, groundbreaking books, and activism has influenced my intellectual journal through feminist theory. Feminism is a contentious topic with matters that pertain to contemporary feminism, including the following: reproductive rights; equal access to education and employment; marriage equality; violence against women; and the sex trade. While these are only a few of the issues faced by feminists, it is evident that feminism has great value in today’s society. My journey with feminism began