The Buffalo Creek Tragedy - Free Essay Example

Sample details Pages: 6 Words: 1737 Downloads: 3 Date added: 2017/06/26 Category History Essay Type Analytical essay Did you like this example? Topic: Buffalo Creek Paper In February of 1972, there was a collapse of a coal waste impoundment dam that was situated along the Buffalo Creek in Logan County of West Virginia. The flood that resulted killed one hundred and twenty-five people and caused damage of over fifty million dollars. The disaster to date continues to be one of the most deadly while at the same time preventable mining catastrophe. Following the Buffalo Creek dam collapse, three investigative commissions were established. The investigations revealed that Pittston Coal Company, who was the owners of the Buffalo Creek improperly, constructed the dam that collapsed i.e. dam No. 3. They wilfully disregarded the safety concerns of the dam and two others. It was also revealed that the West Virginia regulations, inspection policies, as well as, penalties for those who violated the mining safety codes contributed to the catastrophe. While the management, Pittston Coal, avoided criminal charges aga inst them, three lawsuits filed by the survivors were successful. (Nugent 35) Evidently, what happened at Buffalo Creek was not the right act of a capricious God. It was the human hand that killed the people. Notably, the more things changed in Buffalo Creek, the more they also stayed the same. Investigators have concluded that the third dam on the Middle Fork was established of an old age practice of disposing of waste materials. It was also constructed without using the due technology and without the consultation of professionals qualified in designing and building such a massive structure. They failed to find a conclusive answer that the incident was an act of God. Fifth, a reaction from the commission of enquiry showed that the officials of the Pittston Company disregarded the safety of Buffalo Creek residents and the people who lived around the coal refuse impoundments. The Buffalo Creek tragedy led to the development of more stringent mine safety regulations. From the bo ok, West Virginia legislatures and the Congress passed new rules that regulated the construction and maintenance of the dam. It notes that the entire blame was put on the Pittston Company. They had the knowledge of what could transpire in the case that a flood occurred. All its managers at whatever level had completely ignored the recommendations that had been passed to them. They were simply not doing their job. They had ignored the recommendations that were submitted to them by those who had vast knowledge in the field. There were no engineering constructions that were made when the third dam was under construction. That was a blatant disregard of the law From a personal assessment, the outcome of the case was a bittersweet victory. The cash received by the victims of the tragedy was more than what they had witnessed in their lives. 13.5 million dollars was much less than the 32.5 million dollars they had originally proposed settling their claim, but it was, however, larger tha n the three million dollars Pittston had proposed. Huge compensation would serve Pittston justice since it had a financial implication on its operation. As a result of the case, immense lessons were learnt from the happenings at Buffalo Creek. Coal mines today are no longer part used because of the attention that was brought by the mining practice at Buffalo Creek. The outcome of the case is thus laudable. It has made the corporate culture of most mining companies to change drastically. They now take into consideration their stake-holders safety with high regards because they would be held accountable for the damages they cause. The outcome of the case also showed the importance of working in large law firms. It is explained by the fact that, without them, the efforts would be futile. Though the case was opened to media attention and scrutiny, its significance was felt. It promoted its publicity owing to the limitation that was put on the case that came afterwards. (Nugent 31) In the book, ethical perspectives can be seen. Starting as of is the manner in which the management of Pittston was quick to dismiss the tragedy as an act of God. It was completely unethical of the company since the accident was responsible for the mass deaths that were experienced in the area. The practise sparked off rage and fury amongst the Buffalo community. The step by the company was in a bid to absolve the company from payment of the huge amounts of funds to the victims and also the legal responsibilities that would come with it. Even when the company was opened to the community of Buffalo Creek, it still did not accept responsibility for the flood. It showed clearly that the case had not reached an advanced stage that warranted payment to the victims. The above scenario raises an ethical question of Pittston. Be here a code of ethics that the company followed so as to guide its everyday operations? (Nugent 45) Gerald Stern, the attorney, also puts forward issues of ethics as he handles the case. It had been the most persuasive case that he had worked on. Since it was his most rewarding case, his passion as he deals with the case can be widely seen. He dutifully represents the people who were pleased enough to have survived without having anything left. Thanks to his high ethical values, he goes against the Buffalo Mining Company so as to support the victims of the flood. It brings him out as a prosecutor who wants justice for all members of the society. Stern’s desire for justice makes him to be personally involved in the cases he undertakes even though he knows that lawyers should not do that. The personal interest he had in the case drove him harder on the defensive. He had the view that someone must be held responsible for the tragedy that occurred. It serves only to give a background of the code of ethics that he followed in his professionalism. However, one would argue that he exorbitantly charged his clients the lawful fees. He remained with a huge chunk of the amount that was given to the victims. (Gleser, Green and Winget 65) Another ethical perspective can be viewed in terms of Buffalo Mining Company negligence on its environment and the infrastructure laws that it never complied with. Coal mine safety and security bill were enacted into law in 1969. The law outlawed the construction of coal refuse dams. The mining company, however, went against the law to construct the Buffalo Creek dam. In compliance with the law, the mining company have to stopped the dumping of coal refuse into the dam. Commissions that were formed also stated that the dam had not been built to the required engineering standards. All the above brings the question of ethics in the Buffalo Mining Company. It was tantamount to follow strictly the regulations that had been pre-set for the construction of the dam. (Stern 12). Through the incident, I would say that the law came to life as it was rightfully served to the members of the Buffal o Creek community. It provides an insight into crime and correctional perspective. The case presented a good consideration suitable for the victims of the floods. It has got me a reason for settlements as an option over jail terms. However, settling the matter out of the court system would have become a better option than the litigation process the case went through. It is because the citizen’s commission was at a disadvantage since it had lost key witnesses to the suit. In spite of this, the story reaffirmed my belief in the legal system. The remedy to the victims of the floods serves as a good starting point for legal representation. The verdict that the federal court system gave was appropriate since there had been perceived corruption in the state judicial system. It has eliminated the initial fear that I had of the courts being controlled by the privileged in the society such as the governor. In such a case, the courts would be supervised by the Governor, who would have an influence on the judges’ appointees. In the case, incidences of bribery, corruption and obstruction of justice were not experienced. My view of the judicial system has, therefore, been positively revamped as justice was dutifully meted out. (Stern 32). One would quickly note the good job that was done by attorney for Stern. I would advise him that Pittston also needed to take place accountable for their actions. The compensation that was paid to the victims was not enough. An entire community of Buffalo Creek lay in ruin due to the neglect of Pittston. It would have done it fine if Stern had advocated for the withdrawal of their licence. It would caution other companies in the mining sector. As an addition of salt into injury, no indictments were produced against Pittston. A jury that looked into the charges that were levelled against the company failed to remit any definite charge against the company. Stern, the attorney, would have followed and ensured that every part y to the case was given justice. All in all, Stern did a commendable job in establishing that the defendant was reckless in his actions. Anybody who would find himself in a similar situation would be advisable to follow suit in attorney stern’s footsteps. His strong desire for justice for the affected victims is something extra lawyers can employ in their daily duties in the judicial system. (Gleser, Green and Winget 21) In conclusion, it was said that an avoidable tragedy took the lives of several people and also destroyed property. The society wipes away could have influenced the town of Buffalo Creek for prosperity. If only the mining company had learnt a lesson from preceding incidences such as the Aberfan that happened in 1972, the day would have proceeded just like any other bright and joyful Saturday. The case is expected to be taken with utmost concern. Similar mining companies should learn from the occurrences and take precautions as regards the accident. Strict l egislations should also be set up to control the mining. Lobbying by state corporations should also be illegalise. The measures above would ensure that a similar accident at the Buffalo Creek does not occur. Works cited Glaser, Goldine C, Bonnie L Green, and Carolyn N Winget. Prolonged Psychosocial Effects Of Disaster. New York: Academic Press, 1981. Print. Urgent, Tom. Death at Buffalo Creek. New York: Norton, 1973. Print. Stern, Gerald M. The Buffalo Creek Disaster. New York: Vintage Books, 1977. Print. Don’t waste time! Our writers will create an original "The Buffalo Creek Tragedy" essay for you Create order

Common Application Essay Option 3 Challenge a Belief

The third essay option on the Common Application in 2019-20 asks a question designed to probe your beliefs and character. The current prompt reads:   Reflect on a time when you questioned or challenged a belief or idea. What prompted your thinking? What was the outcome? The focus on a belief or idea makes this question wonderfully (and perhaps paralyzingly) broad. Indeed, you could write about almost anything that youve ever openly questioned, whether it be your schools daily recital of the Pledge of Allegiance, the color of your team uniforms, or the environmental impacts of hydraulic fracturing. Of course, some ideas and beliefs will lead to better essays than others. Choosing an Idea or Belief Step one in tackling this prompt is coming up with an idea or belief you have questioned or challenged that will lead to a good essay. Keep in mind that the belief could be your own, your familys, a peers, a peer groups, or a larger social or cultural groups. As you narrow down your options, dont lose sight of the purpose of the essay: the college to which you are applying has holistic admissions, so the admissions folks want to get to know you as a whole person, not just as a list of grades, awards, and test scores. Your essay should tell the admissions officers something about you that will make them want to invite you to join their campus community. Your essay needs to show that you are a thoughtful, analytical, and open-minded person, and it should also reveal something that you care about deeply. Thus, the idea or belief that you reflect upon shouldnt be something superficial; it should center on an issue that is central to your identity. Keep this points in mind as you brainstorm your topic: The belief can be your own. In fact, your own belief can be an excellent choice for this essay option. If you are able to reevaluate and challenge your own beliefs, you are demonstrating that you are a student who has the self-awareness, open-mindedness, and maturity that are essential ingredients for college success.The belief or idea can take many forms: a political or ethical belief, a theoretical or scientific idea, a personal conviction, an entrenched way of doing things (challenging the status quo), and so on. Tread carefully, however, as some topics should be avoided and can send your essay into controversial or potentially risky territory.Your challenge of the idea or belief need not have been successful. For example, if your community believes in the value of killing snakes on Whacking Day and you ran a campaign to stop this barbaric practice, your efforts could lead to a good essay whether or not you were successful (if you were not successful, your essay might also work fo r option #2 on learning from failure).The best essays reveal something that the writer is passionate about. By the end of the essay, the admissions folks should feel that they have a much better grasp on what it is that motivates you. Be sure to explore an idea or belief that will allow you to present some of your interests and passions. Break Down the Question Read the prompt question carefully as it has three distinct parts: Reflect on a time when you questioned or challenged a belief or idea; reflective writing is popular in higher education today, and to respond effectively to this prompt it is important to understand what reflection is and what it isnt. Reflection is far more than summarizing or reminiscing. Your task with this question isnt simply to describe a time when you questioned or challenged a belief. To reflect upon something you did is to analyze and contextualize your actions. What were your motives? Why did you do what you did? What were you thinking at the time, and in retrospect, were your thoughts at the time appropriate? How have your questions and actions played a role in your personal growth?What prompted your thinking?  If you did the first part of the question effectively (reflect), then youve already responded to this part of the question. Again, make sure you arent just describing what you were thinking and how you acted. Explain why you were challenging the belief or idea. Ho w did your own beliefs and ideas motivate you to question challenge some other belief or idea? What was the tipping point that spurred your to question the belief?What was the outcome? This part of the prompt is also asking for reflection. Look back at the big picture and put your challenge in context. What were the results of challenging the belief or idea? Was challenging the belief worth the effort? Did good come of your action? Did you pay a heavy price for your challenge? Did you or someone else learn and grow from your efforts? Realize that your answer here need not be yes. Sometimes we challenge beliefs only to learn later that the outcome wasnt worth the cost. You dont need to present yourself as a hero who changed the world through your challenge of the status quo. Many excellent essays explore a challenge that didnt turn out as planned. Indeed, sometimes we grow more from missteps and failures than we do from triumph. A Sample Essay on Challenging a Belief To illustrate that the belief or idea you questioned doesnt need to be anything monumental, check out Jennifers response to Common Application essay option #3, in her essay titled Gym Class Hero. The idea that Jennifer challenged was her own—her self-doubt and insecurity that often hold her back from accomplishing her full potential.   A Final Note on Essay Option #3 College is all about challenging ideas and beliefs, so this essay prompt engages a key skill for college success. A good college education is not about being spoon fed information that you will regurgitate in papers and exams. Rather, it is about asking questions, probing assumptions, testing ideas, and engaging in thoughtful debate. If you choose essay option #3, make sure you demonstrate that you have these skills. Last of all, pay attention to style, tone, and mechanics. The essay is largely about you, but it is also about your writing ability.

Edgar Allan Poe His Life Influenced His Work - 1093 Words

Edgar Allan Poe: How His Life Influenced His Work Edgar Allan Poe was an American author known for his works of depression and misfortune. Throughout his lifetime, Poe would never gain fame. It was only after his death that the true genius of Edgar Allan Poe was discovered. Poe frequently used his life occurrences—as terrible as they were—to influence his writings. It is through his writings that one can delve into the mind of Edgar Allan Poe and discover how his life truly was. Edgar Allan Poe was born on January 19, 1809, in Boston, Massachusetts. His parents were Elizabeth Arnold Poe, a British-born actress, and David Poe, an actor. Poe did not have a very pleasant childhood. His father abandoned the family when Poe was very young,†¦show more content†¦Poe channeled his constant loss and used it to fuel his creative mind and write some of the most genius pieces of American literature. Some examples would be The Raven, The Masque of the Red Death, and The Ov al Portrait. In The Raven, an unnamed narrator is up at night thinking of his recently departed lover, Lenore, when a raven visits him. The Narrator stated that â€Å"Other friends have flown before . . . On the morrow he will leave me . . .† meaning that the raven will leave him, just as his friends have. The raven then says only one word, â€Å"Nevermore† (â€Å"Raven† n.p.). The raven represents the grief that the narrator feels for his lost love. The word â€Å"nevermore† represents that the narrator will never be able to escape that grief. This is no doubt what Poe experienced with all the death he experienced in his life. In The Masque of the Red Death, a â€Å"red plague† was ravaging through a country; meanwhile, the prince of said country, Prospero, had locked himself in his castle and was celebrating with his subjects. The castle had several extravagant rooms, but there was one that people refused to go in. It was a red and black room with a large cloc k. Poe stated that â€Å"at each lapse of an hour, the musicians of the orchestra were constrained to pause, momentarily, in their performance, to hearken to the sound; and thus the waltzers perforce ceased their evolutions; and there was a brief disconcert of the whole gay company; and, while the chimes of the clock yet rang, it wasShow MoreRelatedEdgar Allan Poe Biography. By. Alyssa Marshall.1260 Words   |  6 Pages Edgar Allan Poe Biography By Alyssa Marshall Mrs. Guinn English III March 6, 2017 Abstract Edgar Allan Poe was a writer in the â€Å"Gothic Era†, many of his stories genres are horror like â€Å" The Masque of The Red Death†, mystery such as â€Å" The Fall of The House of Usher†, lost love as in â€Å" The Raven†, and obsession such as â€Å" The Pit and The Pendulum†. Edgar’s poemsRead MoreThe Life and Works of Edgar Allan Poe Essay1487 Words   |  6 Pages Throughout the life of Edgar Allan Poe, he suffered many unfortunate events and endured several difficult situations. Some speculate that it was these experiences that helped to formulate the famous writing style of Edgar Allan Poe. His dark tales such as The Masque of the Red Death and The Tell-Tale Heart are horrific, and his poems such as Alone and The Raven show evidence that his life experiences influenced their dreariness. Poes story plots and his own life are undeniably related andRead MoreThe Writings of Edgar Allan Poe803 Words   |  3 PagesEdgar Allan Poe The amazing, the people who inspire, who make people feel something with words on paper, authors. Authors have a special ability to create a separate world, but a great author lets us into their world and makes us feel something when we read their work. From all of the research Colton Coverston has done, he has come to the conclusion that Edgar Allan Poe should be in the top fifth American Authors on a top twenty greatest American author list. Edgar Allan Poe has written many piecesRead MoreAnalysis Of Edgar Allan Poe s The Raven And The Fall Of The House Of Usher 896 Words   |  4 PagesEdgar Allan Poe is an extremely well known American writer and is famous for his horrific and mysterious works such as, â€Å"The Raven† and â€Å"The Fall of the House of Usher.† Poe was born in 1809 in Boston, Massachusetts in an era that seems to have many dark and ominous writers and pieces of literature originating from that time period. Poe is said to have launched the inter est in many of the detective type stories that we read from modern day writers. â€Å"In the early 1800s, romanticism was the dominantRead MoreEdgan Allan Poe1554 Words   |  7 Pages Edgar allan poe lived in a time when Americans were feuding between each other . Many pieces of poes literature is influenced by the time period he lived in. Edgar allan poe wrote about his surroundings and how the world was affected by it.poe has a lot of controversial ideas that is portrayed in most of his writings ,poems, and also his short stories. Edgar allan poe was an writer influenced his surroundings. Edgar allan poe lived in a time where the termole began to grow exponentiallyRead MoreCreative and Unique Writing: The Life of Edgar Allan Poe883 Words   |  4 Pagesway they see life. Edgar Allan Poe had constant struggles in his own life that shaped the way he wrote. His name brings to mind death and murders but there was more to him than that. He was a man with many challenges in his life that he had to overcome. Poe was born as Edgar Poe on January 19, 1809 in Boston Massachusetts. He was the second of three children. His siblings were Henry and Rosalie Poe. His parents, David and Elizabeth Poe, were traveling actors but his father abandoned his family twoRead MoreAn Analysis Of Edgar Allan Poe s The Black Cat 1650 Words   |  7 PagesEnglish 1101 1 April 2015 A Day in the Life Edgar Allan Poe is a very talked about writer. He has a dark, mysterious, gothic writing style. Poe was a troubled man that struggled in a lot of different areas in his life. It is believed that all of Edgar Allan Poe’s short stories were connected to his tragic life events. â€Å"The Black Cat† is one of Edgar’s well-known short stories. It is about a man that endured a series of tragic events. This man was very feminine and his lack of masculinity soon got theRead MoreWhy Should We Care?1748 Words   |  7 PagesWhy Should We Care?: Edgar Allan Poe â€Å"Few creatures of the night have captured [reader’s] imagination[s] like [Edgar Allan Poe]† (â€Å"Vampires†). 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Some studiesRead MoreEdgar Allan Poe Influences709 Words   |  3 Pagesthree, lost both of his foster parents, and later lost his wife, but instead of letting loss ruin his life, he became one of the most influential American writers ever. He is Edgar Allen Poe. Poe was an expert writer in the dark Gothic style. He once said, â€Å"Words have no power to impress the mind without the exquisite horror of their reality. Edgar Allan Poe’s Life influenced his life because of people claiming he was insane, due to many of his dark and scary stories, loss of his wife, foster mother

Story Of An Hour Literary Analysis - 844 Words

The Contract â€Å"The Story of an Hour† depicts the telling of a spouse’s death, and how the wife reacted to the information. Marriage to most in the 21st century is how one shows the greatest extent of their love. However, to myself marriage is nothing but a piece of paper people sign, that gives another a right to half their earnings. Marriage does not quantify love. â€Å"The Story of an Hour† shows that although the main character was married, it was not what equated her love or happiness. Marriage is a contract, not an act of affection. People should not deem marriage as the sole way someone shows their love. This text stood out to me because it showed marriage in an unsavory light. â€Å"She said it over and over and her breath: â€Å"free, free,†¦show more content†¦This is not true and it saddens me to know that this is what is taught to generations of children who may then grow up and think what they have contributed to the world means nothin g if they did not sign the marriage contract with another. As a little girl, I was not raised to think my sole purpose in life was to be a man’s wife. That is not to say that I was pushed away from the idea either. I was taught that love is in your actions. How you treat people and the things that you do for them. Some of the happiest relationships I have seen have involved parties out of wedlock. Some of the worse were married. I’ve seen husbands abuse their wives and return later to say I love you. Any sane person knows that abuse is not love, whether it be mental or physical. People get or stay married because they have children together. Again, this is not an act of love. This text was slightly overwhelming because of the length, which was three pages. It hinted at information here and there but it did not seem like a complete story. I did not find it entertaining per se but it did intrigue me how the writer described certain aspects of the story. â€Å"She could see in the open square before her house the tops of trees that were all aquiver with the new spring life (Chopin 66).† After reading the story for the first time I wondered why she went into such detail about the surroundings outside. Then,Show MoreRelatedThe Story Of An Hour Literary Analysis1294 Words   |  6 PagesMrs Mallard, a kind, older lady, had a severe heart disease. The element of surprise, if not executed right, could kill her. In â€Å"The Story of an Hour† by Kate Chopin the element of time and surprise create an element that other authors struggle to do. In this paper, I will discuss the tone of the way the family broke the news of Mr. Mallard s death to Mrs. Mallard. Whether the news was bad or good, how it was broken to Mrs. Mallard could have killed her. In the end it did The emotions in the houseRead MoreStory Of An Hour Literary Analysis934 Words   |  4 PagesMarriage Doesn’t Always Mean Love in â€Å"The Story of an Hour† The Story of an Hour, by Kate Chopin is the tragic story of a woman whose newfound position as a widow gives her strength. She develops a sense of freedom as she embraces her husbands death as an opportunity to establish her own identity. The tragedy is when her newfound identity gets stripped away as the appearance of her husband reveals that he is still alive. The disappointment from this tragedy kills her with a heart attack symbolizingRead MoreStory of an Hour Literary Analysis1990 Words   |  8 PagesLiterature Professor Joan Golding 10-16-2011 â€Å"The Story of an Hour† by Kate Chopin and â€Å"The Secret Life of Walter Mitty† by James Thurber both captured my interest from the very beginning. These short stories represent gender roles and marriage. They both are about married couples with controlling mates. â€Å"The Story of an Hour† is about a young married woman and how she reacts to the news of her husband dying in a train accident. The story takes place in the home of the young woman, Mrs. MallardRead More Literary Analysis: the Story of an Hour Essays645 Words   |  3 PagesWhen first reading Kate Chopins Story of an Hour, one may not typically be surprised at its ending, write it off as one of those creepy back from the dead horror stories and forget about it. There is more to this story than simply horror. The author is making a very strong, however subtle, statement towards humanity and womens rights. Through subtle symbolism, Kate Chopin shows how marriage is more like a confining ro le of servitude rather than a loving partnership. Mr. Mallard is assumedRead MoreLiterary Analysis- the Story of an Hour Essay1832 Words   |  8 PagesRide of Her Life In â€Å"The Story of an Hour† (1894), Kate Chopin presents a woman in the last hour of her life and the emotional and psychological changes that occur upon hearing of her husbands’ death. Chopin sends the protagonist, Mrs. Mallard, on a roller coaster of emotional up’s and down’s, and self-actualizing psychological hairpin turns, which is all set in motion by the news of her husband’s death. This extreme â€Å"joy ride† comes to an abrupt and ultimately final halt for Mrs. Mallard whenRead MoreThe Story Of An Hour By Kate Chopin Literary Analysis1432 Words   |  6 PagesMaking a literary analysis involves writing an argumentative analysis about a particular literature. The analyst is supposed to carefully read the literature and better understand the contents so as to come up with legal analysis. It requires some summary, but it is not a report about the book or the story. It is important in making the reader to understand the message in the book as well as the improvements necessary the literature. It is also important in understanding how a particular author articulatesRead MoreLiterary Analysis Of The Story Of An Hour By Kate Chopin856 Words   |  4 PagesEnglish 1302 11 November 2017 Literary Analysis of â€Å"The Story of an Hour† by Kate Chopin The Story of an Hour is a short story written by Kate Chopin which was published in 1894 as â€Å"The Dream of an Hour† in Vogue. When the word marriage hits our mind, we think it as a lasting relationship. Marriage is a commitment between two individuals bonded by holy ceremony. The story of an hour presents the side of marriage which is usually unheard. The main character of the story is Mrs. Louise Mallard. SheRead MoreThe Story Of An Hour And A Rose For Emily Literary Analysis1297 Words   |  6 PagesKate Chopins The Story of an Hour and William Faulkners â€Å"A Rose for Emily tells the story of women who face isolation and struggle with their own terms of freedom upon the death of a male figure in their life. Louise and Emily come from different time periods, backgrounds, and have different experiences, yet both share commonality in that they have let themselves be affected by the unrealistic expectations placed on them as traditional ladies. 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This story mainly follows a woman with heart trouble. Her husband’s name appears at the top of a list of people killed in a railroad accident. The story than explains her reaction upon finding out about his death. At the end of the story, her husband (who

A Gathering of Old Men the Characters in Gaines’ Novel Free Essays

Race has always been an issue in Louisiana. The characters in Gaines’ novel attempt to dissolve racial tension in the South. All of the black men gather together at the plantation so the lynching mob won’t attempt to attack them. We will write a custom essay sample on A Gathering of Old Men: the Characters in Gaines’ Novel or any similar topic only for you Order Now Salt and Pepper, a black and a white football star, play together at LSU in the novel. This demonstrates racial cooperation. The novel takes place in Bayonne, Louisiana on the Marshall Plantation. The plantation’s white boss, Beau, is found murdered at the start of the novel. Candy Marshall, part owner of the plantation, finds the body near Mathu’s house. Mathu was somewhat of a foster parent to Candy. Candy gathers a crew of old men to the plantation with shotguns and empty shells to confess to the murder. She does this so the alleged killer, Mathu, won’t be lynched. Lynching is how many racial crimes in Louisiana at this time were handled. The old men stay at the plantation all day, not knowing who actually committed the crime. Mapes, a white sheriff, is depicted as a typical racist. He uses aggression towards the men to try to solve the crime. This was the typical approach of Louisiana deputies towards blacks. Towards the end of the novel, Mapes shows that he has great respect for Mathu. In this novel Gaines shows the racial difficulties in Louisiana at this time. This is shown through the fear of the black community. They were afraid of being lynched for a crime they might not have committed. The men all gather together to take a stand against racist whites. He also shows that this was the beginning of racial equality. This is shown by the harmony between Salt and Pepper on and off of the football field. Gaines paints a good picture of the Louisiana lifestyle at this point in history. He shows the racial struggles in law enforcement, daily lifestyle, and sports. Being from Louisiana and knowing what I do about our historical culture I would say that in Gaines’ novel he describes very well what Louisiana life was like at this time. I chose to do my report on this book because I believe that racism is a very large part of Louisiana history. How to cite A Gathering of Old Men: the Characters in Gaines’ Novel, Papers

Text and Materials on Regulating Consumer †MyAssignmenthelp.com

Question: Discuss about the Text and Materials on Regulating Consumer. Answer: Introduction For the validity of a contract, it is necessary that the parties fulfill all the ncessary requirements. The crucial requirement of a valid contract includes offer acceptance, consideration, mutual consent, intention, capability and legal object. In the modern world, corporations use marketing as a tool to attract a large number of customers. The difference of a legitimate offer and a mere invitation to attract the customers is required to be defined. Many advertisements include a lawful proposal to contract which can be enforced by customers. The Carlill case is considered as a landmark case which popularised the provision of the unilateral contract. Even after being a century old case, it still has a considerable impact on contract law. In this case, the court held an advertisement as a unilateral contract because it fulfills the essential requirement of a contract. This report will focus on analysing the importance of Carlill v Carbolic Smoke BallCompany [1892] EWCA Civ 1 in modern legislation. The report will include the impact of this case over Australian contract law and various other countries legislations. Numerous other similar examples will be discussed to understand the basis of the unilateral contract. Further, the report will evaluate the presence of offer and acceptance provision in Australian Contract law and Consumer law. The critical issue, in this case, is the difference between a valid offer to contract and mere invitation to treat. The intention of parties is required whether subjectively or objectively, along with the notice of acceptance of accepting party together with any consideration which forms a unilateral contract. The Carbolic Smoke Ball Co. Ltd refused to reward the money that claimed through advertisement to Mrs. Carlill; the company claims the commitment is not serious and it is a mere invitation to treat. They also argued that there is no evidence that conditions are fulfilled according to prescribed method, and there is no consideration available in the contract. The court dismissed the claims of corporations are provided that it is a valid unilateral contract as provided under section 9 of the Contract Act 1950. In 1891, Carbolic Smoke Ball Company launched a product called smoke ball which is claimed to cure influenza and various other diseases. The product was made of rubber, and it included a tube which was filled with carbolic acid. On 13th November 1891, the company published an advertisement in the newspaper stating that they would pay an amount of 100 to the person whose influenza or any other disease caused due to cold, would not be cured by using their product for three times a day and about three weeks (Loeb 2005). The advertisement also included a set of instruction which uses have to follow while using the smoke ball. The corporation submitted 1000 in Alliance Bank to show the public their genuineness in the matter (Elliott 2012). Mrs. Louisa Carlill saw the advertisement in the paper and bought one smoke because she was suffering from influenza. She used it as per the instructions, for three times a day for nearly two months, but she did not get any better. Hence, she claimed her 100 reward from the enterprise; however, the corporation ignored the letter from Carlill lawyer. On her third letter, the company responded by stating that it is necessary that product is used in the best possible way, therefore, to protect themselves from fraud they asked Mrs. Carlill to visit their office each day for surveillance with the secretary. After that statement, Mrs. Carlill filed a suit against Carbolic Smoke Ball Company stating that there was a contract between company and Carlill, and the corporation has to pay her the reward money (Davis 2004). The company provides an argument in its defense that the contract was not serious. The court of appeal rejected the claims of Carbolic Smoke Ball Company and held that they are liable towards Mrs. Carlill to pay 100, the corporations appeal against the order of a court of appeal. The company provided an argument that there is no evidence that product was used according to their directions, and there is no consideration available in the contract. They argued that the agreement was a wagering contract which depend upon the fact that victim gets influenza or not, which makes it void. The court did not consider the arguments made by the defendant; they agreed with the plaintiffs statement that the advertisement was an offer which can be accepted by anyone who fulfills the given requirements. Hence, the court provided a judgement that the company has to pay 100 to the plaintiff (Cheong 2014). Nature of Legally Binding Contract According to Shelton (2003), the agreement which is valid under state or federal contract law is known as a legally binding contract. In this contract the parties have to obey the provided written terms in the contract, non-performance of which leads to legal consequences. The party of contract can enforce the contract through a court order, and they can claim damages as well. As per Australian contract law, the following are five crucial requirements of a legally binding contract (Barker 2000): An agreement between the parties of the contract, there cannot be a unilateral Availability of valid and legal consideration. The legal capacity of parties to contract. The intention of parties to contract. The terms of the contract must be specific. Significance in Australian Contract Law This case has a significant influence over Australian and British contract law in the twenty-first century; this case established that a party can enter into a unilateral contract which does not require making to a specific individual. The parties in a unilateral agreement are not required to notify another party regarding their acceptance; the acceptance is considered once the party buys the product and fulfills the requirement provided by the company. The consideration in a unilateral contract is regarded as the price of the product; the purchase is viewed as the example of consideration, which validates the enforcement of such contract (Poole 2013). Other than contractual remedies, this case gives rise to various other constitutional remedies and punishments for placing a wrong advertisement for the public. Publishing a misleading ad is a criminal offense under the Australian consumer law. As per Parker (2005), the section 5 of Consumer Protection for Unfair Trading Regulations provides provision regarding misleading ad posted by the corporations. The companies still have a defense of Puffery in which their statements cannot be considered literally, such as washing powder that makes clothes whiter than white. Another provision which was not available at the time of case was the General Product Safety Regulations which laid criminal penalties for selling unsafe products by the enterprises. The intention is one of the crucial elements of a contract; the court analyses the situation of different consequences to decide whether the intention is present or not. As per Feinman Brill (2006), usually, the advertisement provided in newspapers, television or online websites are considered as an invitation to offer, and they are treated as auctions in which the party does not have to hold its promise. However, if the condition provided in an advertisement is specific and expressed which shows the willingness of individuals to contract, such as first come, first serve or till inventory lasts, then such ad can be considered an offer to contract. The situation in these cases is based on promisor objectivity which is centered on common sense (Cohen 2000). Relevant Cases In the case of Bowerman v. Association of British Travel Agents Ltd. [1995] N. L. J. 1815, the court provided a similar judgement as Carlill case. In this case, the traveling agency has to reimburse the traveling expenses of Bowerman because of their advertisement; the court held that consideration is in the form of persuaded reliance in a unilateral contract. The legal principles provided in Carlill case has been undisputed in many cases, but court face difficulty in apply such provisions over each case (Ramsay 2012). In Har Bhajan Lal v Har Charan Lal AIR 1925 All539 case, a child ran away from his parents home, the father published a pamphlet stating he would pay 500 rupees to the person who brings him his son. The plaintiff saw the advertisement and took the boy from the railway station and sent and telegram to his father. The father than rejected to give the reward money, and stated that only the member of society was allowed to accept the offer. The court provided that it was a valid unilateral contract which is enforceable upon the father; therefore he has to pay the reward money to the plaintiff (Srinath 2010). The Fisher v Bell[1961] 1 QB 394 case is regarding the essential of offer and acceptance in the construction of a valid contract. The defendant has a knife display on his shop bearing the word Ejector knife- 4s. The claimant was a police officer who files a suit stating that defendant has violated the section 1(1) of the Restriction of Offensive Weapons Act 1959. The court provided that mere displaying of an object did not constitute an offer for sale, it considered as an invitation to treat or trade (Ayub, Yusoff Halim 2009). In Smith v Hughes(1871) LR 6 QB 597 case, the requirement of real intention for the formation of a valid contract was provided by the court. Mr. Smith showed a sample of oats to Mr. Hughes, who was a racehorse trainer, and Mr. Hughes agreed to buy forty to fifty quarters of such oats. Later the oats sent by Mr. Smith were different from the oats he showed at the time of the contract, Mr. Hughes refused to pay the amount for oats. The court provided that there was a valid contract between the parties because it did not matter whether the subjective intent of the parties is different. Availability of consent validated the term of a contract (Giliker 2005). Argument For and Against The Carlill case still has significant influence over the Australian and various other contract laws. The court still applies the provisions of this case to matters such as offer acceptance, the intention of parties or misleading advertisement. However, the principles of this case are century old which cannot apply to all the situation of twenty-first-century cases. Many experts believe that it is difficult to prove the existence of a unilateral contract in the advertisement because the circumstance is different in each case. The court has to differentiate between general puffing and legally binding conditions. The rules of these cases do not apply to every similar situation relating to the misleading advertisement. There are few shortcomings in this case, but the significance of the principles of this case is crucial in contract law of Australia. For example, if a police officer announces a reward to any person who can provide information which assists them in a case, then the person submitting the information has right to enforce such compensation through a court order. Various other laws have been established beads upon the principle of this case. The Consumer Protection from Unfair Trading Regulations protects the consumers from misleading advertisement published by the companies. The General Product Safety Regulations restricts corporations from selling harmful products to the public which can be dangerous for their health. There the principles of Carlill case are still required in modern times and still beneficial for the society (Dye 2010). Conclusion In conclusion, the provision laid down in Carlill cases are still significant in recent cases, the court implements such principles in matters relating to offer acceptance, intention, and misleading advertisements. Many new regulations have been established in the Australian law due to the Carlill case, such as Consumer law and unilateral contract in Australian contract law. As per the essential requirement of a legal agreement, the offer acceptance of both parties are necessary, but in a unilateral contract, the notification of approval is not required. The court has to analyse the circumstance of the particular case before implementing the provision of Carlill case, but such principles are still crucial for the protection of the public. References Ayub, Z. A., Yusoff, Z. M., Halim, F. (2009). Marketing and online advertisement: An overview of legal implication in Malaysia.International Journal of Business and Society,10(2), 83. Barker, D. (2000).Essential Australian Law. Cavendish Publishing. Cheong, T. (2014). A Promising Idea: Reconceptualizing the Formation of Unilateral Contracts.Oxford U. Undergraduate LJ, 1. Cohen, L. E. (2000). The Choice of a New Generation: Can an Advertisement Create a Binding Contract.Mo. L. Rev.,65, 553. Davis, K. E. (2004). Promissory Fraud: A Cost-Benefit Analysis.Wis. L. Rev., 535. Dye, D. J. (2010). 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