Saturday, August 22, 2020

Implied and ExpressTerms Essay Example | Topics and Well Written Essays - 1000 words

Suggested and ExpressTerms - Essay Example At the end of the day, various tests are applied with regards to search for confirmations in regards to terms suggested indeed and terms inferred in law. Two tests are applied to terms suggested truth be told: business adequacy and meddlesome observer tests. Two tests are applied to terms inferred in law: sort of agreement and need tests. These tests are totally not the same as one another, and they fill in as rules at the hour of discovering proof comparable to the attributes of the terms. Koffman and Macdonald build up the contrast between the two sorts of terms as follows: Terms inferred in reality are individualized hole fillers, contingent upon the terms and conditions of a specific agreement. Terms inferred in law are in actuality episodes appended to normalized legally binding connections (Society of Lloyds v Clementson [1995] CLC 117, Steyn LJ at 131 in Koffman and Macdonald, fifth ed.). Then again, David Atkinson from Client Plus (1999) and Gillhams Solicitors and Lawyers (2005) bargain in discrete distributions with the issue of suggested terms from a general perspective. Their decisions are comparable when they clarify the various components that are fundamental for a term to be considered as suggested. Atkinson cites His Honor Judge Thayne Forbes QC listing five components on account of Davy Offshore - v-Emerald Field Contracting (1991) 55 BLR 1. These five fundamental focuses are the accompanying all together for a term to be suggested: (1) it must be sensible and impartial; (2) it must be important to give business adequacy to the agreement, so no term will be inferred if the agreement is successful without it; (3) it must be clear to the point that it's a given'; (4) it must be prepared to do clear articulation; (5) it must not negate any express term of the agreement.' (Atkinson, 1999; Gillhams, 2005). Asif Tufal (2005b) in the Contract Law Page entitled Terms of the Contract distributed in LawTeacher.Net makes an arrangement of suggested terms as follows: 1.- Terms Implied by Custom: The details of an agreement may have been haggled against the foundation of the traditions of a specific region or exchange. The gatherings consequently expect that their agreement will be dependent upon such traditions thus don't manage the issue in their agreement. See: Hutton v Warren (1836) 1 M&W 466. (Tufal, 2005b). 2.- Terms Implied by the Court: These terms are characterized into two sorts of inferred terms: terms suggested as certainty and terms inferred by law following the following measures: An.- Intention of the Parties/Terms Implied as Fact. Tufal makes the accompanying statements about the two unique tests that are applied to terms suggested as truth: according to business adequacy, Tufal clarifies that The courts will be set up to infer a term into an agreement so as to offer impact to the undeniable goals of the partie (.) the court will gracefully a term in light of a legitimate concern for 'business viability' with the goal that the agreement bodes well. See: The Moorcock (1889) 14 PD 64. (Tufal, 2005b). With respect to meddlesome observer, Tufal states that A later test is the 'impertinent spectator test' used to fuse suggested evident terms (Shirlaw v Southern Foundries [1940] AC

Wednesday, July 15, 2020

Books By 2019 Booker Prize Winner Bernadine Evaristo

Books By 2019 Booker Prize Winner Bernadine Evaristo Girl, Woman, Other  may have elevated her visibility in the commercial sphere but Bernardine Evaristo has been writing extraordinary literary fiction for many years. This years joint Booker Prize winner is not just a one-trick pony. Margaret Atwood may be the better known Booker Prize winner, but Bernardine Evaristo is no mere mortal in the world of writing. There is a whole wealth of books and other writing by Evaristo that has long escaped my notice. As well as publishing seven books, she also writes poetry, essays, literary criticism, short fiction, and has created projects for the stage and television. She has earned copious prestigious letters after her name (MBE, FRSL, FRSE) honouring the amazing contributions she has made in the arts. For nearly 20 years Bernardine has been giving a voice to those in the African diaspora. Just read a few pages of Girl, Woman, Other and her genius very clearly comes to light. If youre anything like me, once you read one great book by an author, you want to read them all. Thankfully, Bernardine has a very achievable seven novels and many of them arent too long at all. However, its not always a great idea to read them in order of publication. Below is a handy dandy list of all the books by Bernardine Evaristo and my suggestions on the order of which to read them. Of course, you can read them in any order you please. Just make sure you read them. Girl, Woman, Other If you only read one more book this year, please make it this one. Is it a story about 12 individuals, mostly women? Yes. Is it a story about human society as a whole? Hell yes. This is a novel that states very important messages without even an ounce of preachiness. There are a plethora of characters, not all of them immediately likable but all of them relatable. They love, they fight, they are prejudiced and sexist and often just trying to make sense of the ever-changing world. I have never read anything like this and I plan to keep rereading it over and over again. Mr. Loverman Novels about gay, 70-something-year-old Caribbean men are few and far between. Thank goodness we have this gem to turn to. As with Girl, Woman, Other, Bernardine Evaristo doesnt hold back from stepping into the mire of controversy and exploring the prejudices that different communities would rather keep under wraps. Best of all, she explores it from a place of love. Where there could be judgement, there is understanding. And Evaristos everlasting humour shines through yet again. This might sound like a very award-worthy book. It is. Its also very accessible and brilliant. Blonde Roots I call this Noughts and Crosses for grown-ups. Set in a world where the transatlantic slave trade was reversed and Africans enslaved Europeans, Evaristo explores how everything that has come to influence our attitudes, prejudices, and the insidiousness of racism would be changed. This book invites the reader into a world of critical thinking infused with the dry satiric humour I loved in Girl, Woman, Other.   Hello, Mum A short but powerful book about gang crime in London. Written in the voice of a 14-year-old boy, this short novella steers many readers into unfamiliar territory. Its an emotionally tough read. Youve been warned. Lara Now we enter into the novel-in-verse years. The first novel-in-verse I read was The Poet X and, although Im not a huge poetry buff, I adored it. The same thing happened with this book. This novel traces the lineages of two disparate families through the past and present to one mixed-race child, Lara, and her experiences growing in London in the 60s and 70s. This was Evaristos first published novel and the last one to be published by an independent press before she was snapped up by the Penguin family. Which just goes to show it was the beginning of us all recognising her genius. The Emperors Babe A historical novel in verse. Did I not say this woman is a genius? Also, if youre looking for a historical novel featuring black people in which they are not slaves, here you go. Let your love for her work develop before you attempt this one. Dont get me wrong, its fantastic. But Im not a huge poetry buff so this one did take a little more time. However, this is just the beginning of Evaristos catalogue of powerful and vulnerable black women breaking out of the sole identity of immigrant. Soul Tourists To be honest, I hate the cover of this book. But weve all be taught not to judge books by their cover and so we definitely dont do that, right?   However, this is also my least favourite of Evaristos books. It blends a number of different forms, poetry, prose, straight dialogue, and becomes somewhat of a fantasy version of Along Came Polly. Although it was my least favourite, it might end up being your favourite. Whichever order you read them in, I promise youll be highly enriched by reading any/all of Bernardine Evaristos books. Sign up to Unusual Suspects to receive news and recommendations for mystery/thriller readers.

Thursday, May 21, 2020

What Is Positive Psychology - 765 Words

What is Positive Psychology? At a casual glance, positive psychology looks like the study of happiness. It is more than that. Positive psychology attempts to explain what happiness is. It is a school of psychology that aims to help achieve a positive life, not just focusing on mental illness. It is concerned with the self and group positive emotion, action and interaction. A main focus is to help people with their strengths. If they can focus on their strengths and not just their weaknesses they can become better-rounded. Many schools of psychology only focus on mental illness and disordered behavior to the unfortunate exclusion of optimism. Positive psychology seeks to repair some of the negative connotation that psychology has received over the years. The Positive Psychology Movement I would consider positive psychology a movement†¦it is clear that it ‘borrows’ from humanistic psychology, behaviorism, religion and philosophy. You can also see the roots of positive psychology in Alfred Adler’s individual psychology as well. It has beginnings in Carl Rogers’ fully functioning person theory. You can clearly see the influence of self-actualization. Jung’s views on the importance of spirituality are evident as well. Spirituality can increase subjective well-being. Some previous schools of psychology attempted to only be ‘scientific’ and have no attachment to spirituality. Positive psychology clearly borrows from Greek philosophy and Christianity. It definitelyShow MoreRelatedWhat ´s Positive Psychology?1099 Words   |  5 PagesAs discussed in Paper #1, positive emotions and thinking, character strengths, and values are integral to positive psychology. Positive psychology asserts t hat by addressing each of these core concepts, people can live a happier, and by extension healthier, life. However, the productivity and well-being which can result from the applications of positive psychology are viable far beyond the personal level; when utilized at the institutional level, the same efficacy can be seen in much broader contextsRead MoreWhat Is Meant By The Term Positive Psychology?1324 Words   |  6 PagesSome would ask, what is meant by the term Positive Psychology? One idea to explain this term is it is the focus or study of people who use their strengths and good virtues to focus their lives on, and not become bogged down by the negative all around them each day. I was talking with a friend the other day and they were asking me what classes I was taking this term, and when I told her she had this puzzled look on her face. She asked me, â€Å"why would you take a class about that, you are a happy personRead MorePsychology : Positive And Negative Psychology1 645 Words   |  7 PagesPositive psychology, is a new field of psychology that draw heavily on humanist influences. This area of psychology places its focus on understanding how to enhance our lives by studying what produces our happiness through the use of scientific methods to understand how this affects us leading healthy, happy and successful lives. Through the belief that society would like to lead meaningful and rewarding lives the goal of positive psychology is to, in addition the other fields of psychology, accompanyRead MoreSimilarities Between Positive Psychology and Coaching Psychology1278 Words   |  5 PagesPositive Psychology and Coaching Psychology: Positive psychology and coaching psychology have certain similarities with regards to their development as responses to the status quo of the field. The status quo was deficit-based, pathology-focused, and based on essential assumptions regarding human nature. These fundamental assumptions were largely less than positive, especially when examined from a rational perspective. As responses to the status quo, positive psychology and coaching psychology areRead MoreHistory Of Positive Psychology : Martin Seligman s Speech997 Words   |  4 PagesHistory of Positive Psychology In 1998, Martin Seligman during his presidential speech to the American Psychological Association, â€Å"urged psychology to turn toward understanding and building the human strengths to complement our emphasis on healing damage† (Lambert, 2007, p.3), that speech was what started today’s positive psychology movement (Lambert,2007). â€Å" Positive psychology aims to understand the positive side of human functioning, expanding research on positive behaviors, cognitions, emotionsRead MoreThe Downfall Of Positive Psychology1654 Words   |  7 Pages The Downfall of Positive Psychology In Schrank’s â€Å"Positive psychology: An Approach to Supporting Recovery in Mental Illness† he discusses the definition, history, research, and psychotherapy that is involved with positive psychology. There are multiple definitions that psychologists have developed for positive psychology that stem from six core domains which are â€Å"(i) virtues and character strengths, (ii) happiness, (iii) growth, fulfilment of capacities, development of highest self, (iv) good lifeRead MorePositive Psychology: A Brief History, Critics, Methodology, and Application1427 Words   |  6 PagesRunning Head: APPLICATIONS OF POSITIVE PSYCHOLOGY 3 Positive Psychology: A Brief History, Methodology, and Application 1. Introduction 1.1. A Brief History The genealogy of positive psychology established its roots in the development of humanistic psychology in the mid-20th century. The more traditional approaches of modern psychology as developed by Freud and B. F. Skinner, respectively, are psychoanalysis, and behaviorism. One theory may suggest thatRead More88899891530 Words   |  7 PagesAspects of psychology Emotional Intelligence February 07, 2013 Emotional Intelligence By: Jasmine N. Gresham (SSCI206-1205D-01) DiMatteo * Do you think that positive psychology is in more demand now that stress and economic hardship is more prominent in our country? * Are people under more stress now than in the past? * A description of the field of positive psychology Read MoreCarol Rogers Influence in Psychology1264 Words   |  6 PagesInfluence on Modern Psychology Introduction Carl Rogers is considered the founder of client-centered therapy, which asserts that childhood experiences affect an individual’s feelings, thoughts, and behavior (Rathus, 2004). The therapist must see the world from that of the client to be effective in treatment. Rogers has influenced many psychological theories and therapies present today, especially positive psychology. Despite this fact, many who practice positive psychology do not, or are notRead MoreThe New Psychology Field Of Positive Psychology928 Words   |  4 PagesThe new Psychology field of Positive Psychology promotes a â€Å"flourishing† life dedicated to individuals looking to expand the pleasant, engagement and meaning in their life. Many Positive Psychologist use Gratitude Practice as a method of therapy to aid individuals with a wealth of positive constructs. Before looking into Gratitude Practice it is important to begin the research by taking a look at what Positive psychology is. Positive Ps ychology is a newer field in Psychology focused on the study

Wednesday, May 6, 2020

How Media Affect People s Subconscious Judgments

Thu Nguyen Professor Janet Nau English 103 26 June 2017 Exploratory Essay How Media Affect People’s Subconscious Judgments Nowadays, society is growing and becoming more modern, so media take a significant role which has a big effect on people’s lives. Media are all the organizations, such as newspapers, magazines, radio, television, Internet, and more, that provide news and information to the public. The human subconscious mind is considered as information storage. Thus, media influence people’s subconscious daily through news, advertisements, games, movies, and the internet; they might impact people’s minds in positive and negative ways. Sometimes, people have subconscious judgments to a particular thing or a specific person†¦show more content†¦As a result, people behave and think negatively under the bad impacts of media. Moreover, by overgeneralizing information about specific religions from media, people can have religious prejudices. For instance, in Chapter 8, â€Å"Framing Muslim – Americans before and after 9/11,† in the book Framing Terrorism: The News Media, the Government and the Public, the authors state that in the United States media, the Arab and Muslim Americans are described as terrorists (133). Also, people will keep a distance with Muslims, they don’t even want to work or to participate in social activities with the presence of Muslims. Clearly, after the event of September 11, Muslims became the victims of religious prejudices. In brief, leading prejudices about race and religion are one specific way that media influence people’s subconscious judgments. The second way that media influence people’s subconscious judgments is by causing negative reactions through consumer’s behavior and violent movies. In a consumer world, media have directly affected people’s behavior in the consumer market by showing information about products excessively. A good example for this is people can easily stay in contact with media advertisements. Th at means, they are constantly conscious of brands and images. Images of products can stimulate people to buy those products without the appraisal. According to the experiments in the article â€Å"Affect, Appraisal, andShow MoreRelatedHow Media Affect Peoples Subconscious Judgments1200 Words   |  5 PagesHerman ESL 186 06 Dec 2016 How Media Affect People’s Subconscious Judgments Nowadays, society is growing and becoming more modern, so media take a significant role which has a big effect on people’s lives. Media are all the organizations, such as newspapers, magazines, radio, television, Internet, and more, that provide news and information to the public. The human subconscious mind is considered as information storage. Thus, media influence people’s subconscious daily through news, advertisementsRead MoreWhat Factors Influence Jury Decision Making?1326 Words   |  6 PagesFinal draft What factors influence jury decision making? A psychological research suggested that once people begin to form an impression, they unwillingly interpret, seek and begin to create behavioral decision making, and data can verify that (Rassin, Eric; Sommer, Samuel; Miller, Monica; Yaniv, Oren). Even if there is no prior personally relevant reason to confirm a hypothesis, people seem to favor confirmation as the default testing strategy. Further hypothesized that the preference for confirmingRead MoreThe Sexualization of Women Today1692 Words   |  7 Pagesboth the conscious and subconscious level, these media images of women lower self-esteem and affect behavior at every age and stage of life. We know they are unrealistic, yet they apply so much pressure on women to conform, and influence how we live, love, work and play. This gender role that society has generally considered appropriate for women is wrong. It makes so many of us women want to buy materials we don’t need, with the money we don’t have only to impre ss people we don’t know. So many teenageRead MoreSubliminal Advertising : Subliminal Advertisement2704 Words   |  11 Pages does Subliminal Advertising work? The first question some might ask is what is Subliminal Advertising? The phrase subliminal advertising refers to ad messages intended to not be consciously perceived. The phrase first appeared in American mass media in September 1957 (Subliminal Advertising). Subliminal Advertisements concentrate on consumers hopes, fears, guilt, and sexuality and are designed to hopefully sway consumers to buy products they had never realized they needed (Snopes.com: SubliminalRead MoreWeed Be Better Off Without Marijuana1728 Words   |  7 Pages Joint, and Nuggets are only a few of the countless names for marijuana, a narcotic drug used for recreational and sometimes medicinal uses across the world. Recently growing enough popularity among younger generations due to the glamorization of media, and the overwhelming financial gains through taxes and fees seen in Colorado, have caused Ohio legislators and citizens to consider the idea of legalizing marijuana for both recreational and medicinal ma rijuana use. Marijuana is a toxic gateway drugRead MoreMedia s Influence On Society1811 Words   |  8 Pagesa world with a media saturated culture. This is the era of digital news services, of 24-hour news channels, free newspapers, and even media based applications. For the majority of us, the way in which we learn about the world outside our personal perception is through the consumption of news, mainly still through broadcast or print (OFCOM 2007). Various forms of media has fed the public statistics that created a sense of stereotyping for each particular race. For example, the media and those on filmRead MoreSubliminal Advertising and Modern Day Brainwashing6639 Words   |  27 Pagesvulnerabilities surrounding our unconscious mind, manipulating and controlling us in many ways. Since the 1940 s subliminal advertising blossomed until now, when you can find subliminals in every major advertisement and magazine cover. Legislation against the advertisers has had no effect in cur bing the use of subliminals. In this Information Age, it seems people are no longer in control of the people. The ones in control are the ones with knowledge (as usual). In this case, the advertisers have it; youRead MoreThe New Jim Crow : Mass Incarceration2194 Words   |  9 Pageswell; however, that is not the case. In many cases we think that what is done today will not affect necessarily affect the future, however, there is concrete evidence that contradicts this thinking. One of the primary evidences of this fact is the book written by author Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness. This book speaks on how old habits die-hard and how difficult it is to banish deep-rooted social norms. She states, â€Å"The United States imprisonsRead MoreFactors Affecting the Decision of Graduating High School Students in Choosing a College Course8091 Words   |  33 Pagesstudent graduating high school may find himself in a difficult situation. We understand how important it is to pick the right course since different people have a different set of skills. No one course will suit everyone. Background of the Study Many of the youth today are confused and uncertain as to what path they should follow after their high school days. During the 1960’s and even today, people who graduated college found more job opportunities available to them than those who hadRead MoreThe Importance Of Technology1806 Words   |  8 Pagesintrinsic free-will has become a burden due to the fact of sacrificing the significant of learning to wait and gain knowledge for speed. Nevertheless, individuals must understand that time and the mind are interconnected, it helps us keep track of our subconscious insight in order to be receptive of our actions. Throughout the essay, David M. Eagleman, Eva Hoffman, and Marc Wittmann will demonstrate the fundamental ways humans’ experience time in our lifespan, its importance and relevance of utilizing our

Measuring Reliability Free Essays

The Myers-Briggs Type Indicator (MBTI) is one of the most popular personality tests in the world today.   However, data reviewed from more than twenty MBTI research studies has indicated that the test has inadequate validity.   In other words, MBTI does not adequately measure what it is meant to measure. We will write a custom essay sample on Measuring Reliability or any similar topic only for you Order Now    Moreover, MBTI has reported reliability coefficients for its four scales on general population samples in the ranges from 0.61 to 0.87.   Experts on psychometric testing reveal that reliability coefficients for short personality tests should actually be in the range of 0.7 to 0.8 (Psychometric Success). Does this mean that MBTI is unreliable? – No.   While this important personality test sometimes reveals a lower reliability coefficient than the other personality tests, even when its reliability coefficient is close to 0.61, the test is said to give us a dependable measure of the constructs it measures at least 61% of the time.   To put it another way, at least 61% of the people who use the MBTI once would see that their scores on the different constructs of the test would not change on a second testing session and all subsequent testing sessions. Reliability is also known as â€Å"repeatability† or â€Å"consistency.†Ã‚   A test with perfect reliability has a coefficient of 1.0.   A test with no reliability whatsoever has a coefficient of 0.   A test with perfect reliability is one which gives us absolutely consistent results with the same sample.   The higher the reliability, the better is a test, scientifically, given that we can trust the results of this test with confidence, knowing that they will not change drastically through retesting (Trochim, 2006). With MBTI, we can be confident that the test would show us a true picture of an individual’s personality at least 61% of the time.   Although this value is better than 50%, MBTI would have  given us greater confidence in terms of its measurement if its reliability coefficient always fell in the range of 0.8 to 0.9.   This would have led us to believe that MBTI is most definitely a trustworthy measure of an individual’s personality type. References 1.Psychometric Success. â€Å"Myers-Briggs Widely Used But Still Controversial.† Available at http://www.psychometric-success.com/index.htm. (31 January 2007).    2. Trochim, William. (2006). â€Å"Theory of Reliability.† Research Methods Knowledge Base. Available at http://www.socialresearchmethods.net/kb/reliablt.php. (31 January 2007).          How to cite Measuring Reliability, Essay examples

Measuring Reliability Free Essays

The Myers-Briggs Type Indicator (MBTI) is one of the most popular personality tests in the world today.   However, data reviewed from more than twenty MBTI research studies has indicated that the test has inadequate validity.   In other words, MBTI does not adequately measure what it is meant to measure. We will write a custom essay sample on Measuring Reliability or any similar topic only for you Order Now    Moreover, MBTI has reported reliability coefficients for its four scales on general population samples in the ranges from 0.61 to 0.87.   Experts on psychometric testing reveal that reliability coefficients for short personality tests should actually be in the range of 0.7 to 0.8 (Psychometric Success). Does this mean that MBTI is unreliable? – No.   While this important personality test sometimes reveals a lower reliability coefficient than the other personality tests, even when its reliability coefficient is close to 0.61, the test is said to give us a dependable measure of the constructs it measures at least 61% of the time.   To put it another way, at least 61% of the people who use the MBTI once would see that their scores on the different constructs of the test would not change on a second testing session and all subsequent testing sessions. Reliability is also known as â€Å"repeatability† or â€Å"consistency.†Ã‚   A test with perfect reliability has a coefficient of 1.0.   A test with no reliability whatsoever has a coefficient of 0.   A test with perfect reliability is one which gives us absolutely consistent results with the same sample.   The higher the reliability, the better is a test, scientifically, given that we can trust the results of this test with confidence, knowing that they will not change drastically through retesting (Trochim, 2006). With MBTI, we can be confident that the test would show us a true picture of an individual’s personality at least 61% of the time.   Although this value is better than 50%, MBTI would have  given us greater confidence in terms of its measurement if its reliability coefficient always fell in the range of 0.8 to 0.9.   This would have led us to believe that MBTI is most definitely a trustworthy measure of an individual’s personality type. References 1.Psychometric Success. â€Å"Myers-Briggs Widely Used But Still Controversial.† Available at http://www.psychometric-success.com/index.htm. (31 January 2007).    2. Trochim, William. (2006). â€Å"Theory of Reliability.† Research Methods Knowledge Base. Available at http://www.socialresearchmethods.net/kb/reliablt.php. (31 January 2007).          How to cite Measuring Reliability, Essay examples