Saturday, October 5, 2019
Archaeology Think-Piece Essay Example | Topics and Well Written Essays - 250 words - 1
Archaeology Think-Piece - Essay Example main objective of archaeology is to study the human past and finding out how it affects and connects with the present and the feature of human being. As indicated above, archaeologists seek to learn and understand more about societies in the past and how human race developed from the earliest simple form of life. In doing this they employ various methodologies in order to ensure that their findings are very accurate, reliable and applicable in the present and future life of human being. Remote sensing is a method used to locate an archaeological site where artifacts could be excavated. This approach is used mostly when archaeological site is located in a small area within a huge area. Remote sensing may be applied together with field survey. An archaeologist may choose to begin with field survey, which involves systematically locating an unknown site in an area, or continue with the project from the remote sensing method. Features such as stone patterns resembling a house are located for study and analysis. Field survey method is the most preferred to others since it is expeditious and relatively cheap. It is detailed and hence m ore reliable (Down, David, 47). Once the archaeologist identifies and artifact or a piece of ancient architecture, it is excavated for the study. Analysis methodology, which entails proper and detailed study, is applied. Though it is time and resources consuming, it is important to obtain fine details which could shape the future of human race. During analysis, a cleaned artifact is dated, catalogued and a comparison is made with other, if any, published collection. It is then classified and its features taken in present day context. The final step in archaeology involves publishing of the new findings and making them available as historical facts (Down, David,
Friday, October 4, 2019
Carriage trade medicine case Study Example | Topics and Well Written Essays - 500 words
Carriage trade medicine - Case Study Example The solution of her problem lies either with the Government sponsored health care programme or the HMO package since both the plans are much cheaper than the other plans, therefore, she can afford it and pay it easily. It transpired from the above contents that the scope of health care facilities in the USA is limited and it varies from segment to segment of the income group. The decision making process is limited. Answer: After a thorough study of available health care options, she come close to engage one out of the doctors Smith, Jones, Williams and Connors in line with the criterion mentioned at Table-A. In spite of that she could not decide which option she should adopt best suited for her health care. The reason being she developed her mind to allocate 100 points as per the criteria at cited table but could get only 45 points out of it. She can have HMO affiliation or state owned health care facilities being cheaper as compared to the other available options. In fact, she wanted to have two things a) best medical facilities b) best doctors to treat her. The mentioned two can be available provided her wallet size permits her to do so which is not possible due to her low income. In my opinion she should go for state sponsored medical facilities. She considered and reconsidered the options available which includes free health care state plan wherein all contributions covered by the state, contrary to that HMO required monthly contribution from Charlotte, Plan ââ¬ËAââ¬â¢ requires monthly contribution 32.75 USD and Plan ââ¬ËBââ¬â¢ requires 41.05 USD. After a thorough study of the available health care options, she comes close to Plan ââ¬ËBââ¬â¢. In spite of that she could not decide which option she should adopt best suited to her health care. Answer: Yes, Charlotte should opt for the compensatory decision rule keeping in mind the manifold expenses on this count. She
Thursday, October 3, 2019
How to Run Essay Example for Free
How to Run Essay STATISTICAL TECHNIQUE IN REVIEW Mean (X) is a measure of central tendency and is the sum of the raw scores divided by the number of scores being summed. Standard deviation (SD) is calculated to measure dispersion or the spread of scores from the mean (Burns Grove, 2007). The larger the value of the standard deviation for study variables, the greater the dispersion or variability of the scores for the variable in a distribution. (See Exercise 16 for a detailed discussion of mean and standard deviation. ) Since the theoretical normal curve is symmetrical and unimodal, the mean, median, and mode are equal in the normal curve (see Figure 18-1). In the normal curve, 95% of the scores will be within 1.96 standard deviations of the mean, and 99% of scores are within 2.58 standard deviations of the mean. Figure 18-1 demonstrates the normal curve, with a.X = 0. The formula used to calculate the 95% rule to determine where 95% of the scores for the normal curve lie is: Xà ±1.96(SD) The formula used to calculate the 99% rule to determine where 99% of the scores for the normal curve lie is: X à ± 2.58 (SD) FIGURE 18-1 â⬠¢ The Normal Curve Mean Median Mode Standard deviation -3 Zscore -2.58 -+2.58 131 133 Mean, Standard Deviation, and 95% and 99% of the Normal Curve EXERCISE 18 Participants reported a net increase in weight from 3 months prior (M= 2.4 Ib, SD 12.9 Ib) and 12 months prior (M = 10.9 Ib, SD = 19.1 Ib) and that their weight was greater than their ideal weight (M = 9.2 Ib, SD = 22.9 Ib). SDs for the data indicated a wide range on weight at both 3 and 12 months before participation in the study. Body image scores (0-100 scale) were significantly (F(1 37) = 5.41, p =.03) higher for women (73.1 à ± 17.0) than men (60.2 à ± 17.0). Although HIV-positive participants had slightly higher body image scores (M = 68.0, SD = 17.0) compared with participants with AIDS (M = 60.5, SD = 18.8), there was no significant difference (F(1 ,7, = 1.56, p ââ¬â.22) in body image scores between [those with HIV and AIDS]. There was a weak, but significant, inverse association between body image score and weight changes from 3 months prior (r = -.30, p =.04). Body image and weight scores are summarized in Table 1 (Corless et al, 2004, p. 294). TABLE 1 Body Image and Weight Measures for Men and Women GENDER Male Female Mean Body image Weight change last 12 months Weight change last 3 months Weight relative to ideal Body weight ratio SD Mean SD 60.22 10.26 16.98 22.40 15.87 22,93 33.97 73.07 11.94 1.47 13.63 14.44 67.56 22.57 34.44 3.05 5.48 53.66 16.93 7.32 Corless, I. B., Nicholas, P. K., McGibbon, C. A., Wilson, C., (2004). Weight change, body image, and quality of life in HIV disease: A pilot study. Applied Nursing Research, 77(4), p. 294. A summary of quality-of-life scores for men and women is shown in Table 2. The scales of the MOS-HIV Quality of Life instrument include General Health Perceptions, Physical Functioning, Role Functioning, Social Functioning, Cognitive Functioning, Pain, Mental Health, Vitality, Health Distress, Quality of Life, and Heath Transition. There were no significant differences between quality of life scores between men and women. Men did have lower scores on some MOS-HIV scales (Cognitive Functioning, Pain, Quality of Life, and Health Transition) and women were lower on others (Vitality and Health Distress). In addition, there were a number of differences in the relationships between quality of life scores, body image, and body weight. The positive correlations indicated that improved quality of life was associated with improved body image (Corless et al., 2004, pp. 294-5). 132 EXERCISE 18 Mean, Standard Deviation, and 95% and 99% of the Normal Curve The data described below are the verbal SAT scores for high school seniors for one year with X = 490 and SD =100 (see Figure 18-2). The formula used to find where 95% of the scores lie is X à ± 1.96 (SD). In this example, 490 + 1.96 (100) = 686, and 490 1.96 (100) = 294. Thus 95% of scores lie between 294 and 686, expressed as (294, 686). Since 95% of the scores are between 294 and 686, this leaves 5% of the scores outside this interval. Since a normal curve is symmetric, one-half of the scores, or 2.5%, are at each end of this distribution. To find where 99% of scores lie,Z à ± 2.58 (SD), where 490 + 2.58 (100) = 748à and 490 2.58 (100) = 232. Thus, 99% of the SAT scores lie between 232 and 748, which is expressed as (232, 748). Since the distribution of these scores is normal, 99% of the scores are between 232 and 748 and 0.5% of the scores are at each end of this distribution. FIGURE 18-2 ft Distribution of SAT Scores SD=100 x = 490 Mean RESEARCH ARTICLE Source: Corless, I. B., Nicholas, P. K., McGibbon, C. A., Wilson, C, (2004). Weight change, body image, and quality of life in HIV disease: A pilot study. Applied Nursing Research 77(4), 292-6. Introduction The purpose of this pilot study [conducted by Corless and colleagues (2004)] was to investigate the relationships of weight change, body image, length of time with HIV/AIDS diagnosis, and quality of life in individuals with HIV disease (Corless et al., 2004, p. 292). The sample consisted of 40 subjects: 23 men and 17 women. The HIV-positive adults in a primary care clinic were asked to participate, so this study has a sample of convenience. The participants reported an increase in weight, greater than their ideal weight. The body image scores were found to be significantly higher for women, with the HIV-positive participants having slightly higher body image scores. A survey and Medical Outcomes Study-HIV (MOS-HIV) instruments were used as measurement methods for this study. The results indicated that when a persons weight is higher and closer to his or her ideal, HIV-positive individuals exhibit better quality of life. Thus, education of clinicians and individuals living with HIV/AI DS should focus on the assessment, management, and evaluation of weight change during the course of HIV disease (Corless et al., 2004, p. 292). Relevant Study Results The sample consisted of 23 men with a mean age of 42.2 years (SD = 8.2), length of time since diagnosis with HIV was 9.2 years (SD = 5.3); and 17 women with a mean age of 36.8 years (SD = 5.2), and length of time since diagnosis with HIV was 7.2 years (SD = 4.8). For men, 23 were HIV-positive and 9 had a diagnosis of AIDS; and for women, 17 were HIV positive, and 5 had a diagnosis of AIDS. There was no significant difference in demographic characteristics of the sample by age, gender, HIV disease status, and time living with HIV. Class: Name: Date: EXERCISE 18 Questions to be Graded 1. Assuming that the distribution is normal for weight relative to the ideal and 99% of the male participants scored between (-53.68, 64.64), where did 95% of the values for weight relative to the ideal lie? Round your answer to two decimal places. 2. Which of the following values from Table 1 tells us about variability of the scores in a distribution? a. 60.22 b. 11.94 c. 22.57 d. 53.66 3. Assuming that the distribution for General Health Perceptions is normal, 95% of the females scores around the mean were between what values? Round your answer to two decimal places. 4. Assuming that the distribution of scores for Pain is normal, 95% of the mens scores around the mean were between what two values? Round your answernto two decimal places. 5. Were the body image scores significantly different for women versus men? Provide a rationale for your 138 EXERCISE 18 Mean, Standard Deviation, and 95% and 99% of the Normal Curve 6. Assuming that the distribution of Mental Health scores for men is normal, where are 99% of the mens mental health scores around the mean in this distribution? Round your answer to two decimal places. 7. Assuming that the distribution of scores for Physical Functioning in women is normal, where are of the womens scores around the mean in this distribution? Round your answer to two decimal places. 8. Assuming that the distribution of scores is normal, 99% of HIV-positive body image scores around the mean were between what two values? Round your answer to two decimal places. 9. Assuming that the distribution of scores for Role Functioning is normal, 99% of the mens scores around the mean were between what values? Round your answer to two decimal places. 10. What are some of the limitations of this study that decrease the potential for generalizing the findings to the target population?
Analysing the East Asian Pop Culture Media Essay
Analysing the East Asian Pop Culture Media Essay According to the acknowledgements section of the book, this book was the result of a workshop that was organized by the University of Singapore. The book has 13 Asia area expert-contributors who researched and presented the cultural influences of South Korean popular culture in East Asia in 2008. This book, which is readable, is very important for my research because it analyzes the impact of the Korean Wave in various countries of East Asia and incorporates the following relevant themes: modernity, identity, cultural industries, re-imagining, nationalism, trans-nationalism, structure of identification, globalization, popular capital culture and identity, tourism and cultural capital. Most importantly, for my research, it has audience studies on Korean drama, which will be beneficial to my research in getting data as to the behavior and pattern of the audience of Korean drama in Asia. Weaver, John A. Popular Culture New York: Peter Lang, 2009 This is a very recent general book written by Professor John A. Weaver who is professor of Curriculum Studies at Georgia Southern University. The book doesnt directly address the specific topic of my research; nevertheless, it does address the concept of popular culture, traditions of popular cultural studies, the Frankfurt tradition, Birmingham School of Thought, fan culture, localizing power and etc. which are useful in my research for the general understanding of pop culture. Since for any concept to materialize and become accepted, first, theory must be formulated, therefore, I want to understand the theoretical concept of power, identity, gender, and the media. Most importantly, though, I want to understand the power behind the media. It also has a good section for further suggested readings and fairly detailed glossary in the context of cultural studies. The Korea Herald Korean Wave Korea: Jimoondang, 2008 This book is a series entitled Insight into Korea Series Vol. 5 and is edited by the Korea Herald. The book has 17 contributors whose expertises vary from journalists, a housewife, and an ambassador to university professors. This book is very useful for my research because the various articles that are written by the aforementioned deal with the Korean Wave and its acceptance and popularity within different countries inside Asia and beyond (as far away places as Poland, Spain, Argentina, Iran, Australia, Egypt and so forth). In looking at the effects of the Korean Wave in different countries outside Asia will indentify answers to my researchs main questions as to how, and why (and who is behind) Korean TV drama (including my research concentration of Dae Jang Geum) appeals to the viewers of different countries with different history, tradition, religion and culture. The National Academy of the Korean Language An Illustrated Guide to Korean Culture: 233 traditional key words Seoul: Hakgojae, 2002 This illustrated book is designed as an introduction to non-Koreans in explaining Korean culture. The TV series Dae Jang Geum is a historical drama loosely based on an event that happened during the reign of King Jungjong (Jaeson Dynasty: 16th Century). The series has lots of scenes of cooking, dance, music, and script based on authentic Korean tradition and etc. There are many cultural references in the series which are not clear for non-Korean audiences. Therefore, this book is useful to my research in clarifying some of the cultural background, symbolism, traditional significance, traditional words, rituals and etc. that are shown in the historical TV drama series, Dae Jang Geum. The book has lots of illustrated colorful, long description of food, clothing, traditional houses, traditional drinks, leisure activities games and more. McPhail, Thomas L. Global Communication: Theories Stakeholders, and Trends Singapore: Wiley-Blackwell, 2010 This book as the title indicates is a book that covers global communication and explores the various players (such as CNN, Fox, Al Jazerra, MSNBC, etc.) in world media today. Even though the book covers the entire world, it has a section that is relevance to my research which deals with Asia in general and Korea in particular. Most importantly, first, the book is as recent as you can get (2010), second, the section in Korea gives statistics on cultural products, exports of audio visual products and others. It also has figures on the importers of Korean products by product catagories. Therefore, this book is very useful for my research because I am able to get data in the context of Korean popular cultural export to Asia in particular. Kim, Youna Women, Television and Everyday Life in Korea: Journeys of hope New York: Routledge, 2005 The book is written by a lecturer in Media and Communication at London School of Economics and Political Science. It explores the age, the economic status (upper class, lower class and middle class), the empowerment, identity, sexuality, attitude towards romance of women in Korean society and their viewing patterns. What I find useful for my research in the book is that it gives a short historical background about the Korean television system, representation of women, family life in transition and etc. The aforementioned will help me in understanding womens viewing pattern in Korea in order to contrast it with other Asia womens viewing pattern. T.Youn-ja Shim, Min-Sun Kim, Judith N. Martin Changing Korea: Understanding Culture and Communication New York: Peter Lang, 2008 The modernization and democratization process of Korea and the success of its popular culture across Asia and beyond go hand in hand. In other words, Korean popular cultural exports would not have been a reality without Koreas economic powerhouse status and its democratization process that started in late 1980s. I chose the aforementioned book in order to understand the success of its modernity, progress and development. The book analayzes Korean culture in the context of its development, specially its communication. The cultural context that are mentioned in the book are Confusianism, collectivism vs. individualism, intercultural conflicts, and etc. The book gives data that is very helpful for my research because it compares its development success with other countries. Another important fact that I found interesting is that nearly 90% of its households are online therefore making Korea the worlds leading in communication capabilites. Ravina, Mark Introduction: Conceptualizing the Korean Wave Southeast Review of Asian Studies. Vol.31 (2009), 3-9. The article, published in 2009, discusses Hallyus success and its impact in Asia. The author, who is a professor at Emory University, asks and tries to answer to the questions as to why and how Korean popular culture was enthusiastically received abroad. Even though the article does not particularly address the historical TV drama entitled Dae Jang Geum, (the series that my final addresses), but the article gives an introductory (easily readable) analysis about the Korean Wave, its development, its players, its impact as a national phenomenon and transnational phenomenon in Korea and beyond. At the end of the article, the author suggests future research on the Korean Wave. Miller, Laura Korean TV Dramas and the Japan-Style Korean Wave Post Script: Essays in Films and the Humanities Volume 27, No.3 (2008), 17-24. The article is written by a professor who chairs Japanese Studies department at the University of Missouri. The article discusses the impact of Korean TV dramas on Japan. The article mostly deals with the impact of Winter Sonata on Japan in general and women in particular, it is very useful to my research to understand the trend that Winter Sonata started in Japan. However, the article has a short section on Dae Jang Geum and its impact on its audience. The success of Winter Sonata and its main male character, affectionately called Yon-sama in Japan, created a fan crazed love-all things Korean fandom. The impact of the popularity of Yon-sama on Japanese society including its politicians is best illustrated by the following story. During elections for the Diet, the article mentions, that a former Prime Minister Koizumi Junichiro said, I will make great efforts so that I will be as popular as Yon-sama and be called Jun-sama. Tai, Eika Korean Activism and Ethnicity in the Changing Ethnic Landscape of Urban Japan Asian Studies Review Volume 30, No. 1 (2006) 41-58. The author is professor of Foreign Languages and Literatures at North Carolina State University. Even though the article is written four years ago, I want to understand how the effect of the Korean wave in Japan has affected the Zainichi: the largest minority group in Japan (Japanese of Korean descent). In other words, I want to investigate if the status of Zainichi has been positively or negatively affected by the Korean Wave. The author argues that the impact of the Korean Wave has affected the images of Zainichi by the rest of the Japanese population, positively. Although, most of the article deals with two places where the Zainichi are active, the article for my purposes is very informative in making reference points that there was/were cooperation and learning experiences between other ethnic groups such as the Ainu and the Zainichi. Lee, Hyangiin Buying Youth: Japanese Fandom of the Korean Wave Complicated Currents: Media Flows, Soft Power and East Asia (2010) 1-16. According to the biography on the author, the article indicates that the author has written extensively on nationalism, trans-nationalism in Korean cinema and the Korean Wave in Japan. This article is a recent article that is published by Monash University. The article explores whether the notion that middle aged women were driving the Korean New Wave and craze in Japan. At the end, the author dispels the aforementioned. The article is very relevant to my research because the author looks into the concept of masculinity, socialization, femininity, and etc. in the Asian context. Most importantly, the article analyzes the audience in terms of passive viewer vs. active viewers, significant agents, imagined cross-cultural citizenship, power, politics, social commitment, social positioning, cultural mobility, nostalgia and so forth.
Wednesday, October 2, 2019
Free Song of Solomon Essays: Milkmans Search for Self :: Song Solomon essays
Milkman's Search for Self in Song of Solomon Toni Morrisonââ¬â¢s Song of Solomon is the story of Milkman's search for self. Milkman appears destined for a life of isolation and self-alienation. The Deads exemplify the patriarchal, nuclear family that has been a stable and critical feature of American society. The family is the institution for producing children, maintaining them, and providing individuals with the means to understand their place in the world order. But this nuclear patriarchal family creates many of the problems it should be solving. What represses the Deads is the father, Macon: his single-minded ambition, his unscrupulous greed, his materialism, and his lack of nurturing his family. Macon does not concentrate on being a loving and nurturing father; instead he concentrates on another aspect of paternity, the acquisition of property. Macon aspires to own property and other people too. His words to his son, "Let me tell you right now the one important thing that you'll ever need to know: Own things. And let the things you own own other things too. Then you'll own yourself and other people too". The owning of things as well as other people is a rather remarkable statement, coming from a descendant of slaves. Macon has not inherited this trait from his father, even though he mistakenly thinks so. His father had owned things that "grew" other things, not "owned" other things. Pilate Dead, Macon's younger sister, is a marked contrast to her brother and his family. Macon has a love of property and money, and this determines the nature of his relationships with others. Pilate has a sheer disregard for status, occupation, hygiene, and manners, and has the capability to respect, love, and trust. Her self-sufficiency and isolation prevent her from being trapped or destroyed by the decaying values that threaten her brother's life. The first part of the novel details the birth of Macon Dead III, the first black baby to ever be born at Mercy Hospital, which has been named by the African American community as No-Mercy Hospital. He acquires the name Milkman when people learn that his mother is still nursing him long after it is considered normal to do so. His father, Macon Dead, is a cold, insensitive man who places undue importance on material wealth and intimidates all he comes into contact with. Macon forbids Milkman to visit his Aunt Pilate because her eccentric ways, her unkempt appearance, and her stubborn insistence in making bootleg liquor embarrass him.
Service Learning Essay -- Education Educating College University Essay
The Society for Experiential Education defines service learning as, ââ¬Å"any carefully monitored service experience in which a student has intentional learning goals and reflects actively on what he or she is learning throughout the experienceâ⬠(Staton 1). Service learning is a great opportunity to get extra learning experiences while also experiencing the community around the universities campus. ââ¬Å"Service learning allows students to apply what they are learning from their instructors, peers, and readings to genuine tasks that occur outside the four walls of the classroom while simultaneously helping othersâ⬠(Staton 1). Universities are using service learning to expand beyond the classroom and provide students with experiences that will benefit them in the future. Service learning provides students with some fundamental aspects of life that can simply not be taught in the classroom. Service learning is a very beneficial tool in expanding on class room topics in the real world. There are numerous reasons why universities should incorporate service learning into their curriculum. One way that service learning is so beneficial to college curriculums is that it will cheapen the price of credit hours. Many universities have made the service learning free credits, which will appeal to students when they are making the decision to attend school. And trust me, as a college student, the cheaper the credit hour the more appealing the school is. Another very beneficial aspect of service learning in curriculums is that it gives students a taste of the ââ¬Å"real worldâ⬠. ââ¬Å"Service learning allows students to apply what they are learning to real-world problems, become more involved in the community surrounding the campus, and develop career g... ...nicationâ⬠(Staton 3). The students in these classrooms really benefit from the extra communication skills that are taught by the college students. Service learning is a program that many universities around the country have turned to in order to improve their curriculum. It provides students with many excellent opportunities to go out in the community and get more then just a typical ââ¬Å"college education.â⬠The students who have been involved in service learning feel that they have become well-rounded human beings and have a taste of what it is like to function in the real world. Another great part of service learning is that not only the students benefit from it. The university, as well as the surrounding community are both rewarded by the program. Service learning is a great program that can be incorporated into any subject matter that a university offers.
Tuesday, October 1, 2019
Law Assignment Essay
Q1- Shambu Dayal started ââ¬Ëself serviceââ¬â¢ system in his shop. Smt. Prakash entered the shop took a basket and after taking articles of her choice into the basket reached the cashier for payments. The cashier refuses to accept the price. Can Shambu Dayal be compelled to sell the articles to Smt. Prakash? Decide. Answer Invitation to offer The offer should be distinguished from an invitation to offer. An offer is the final expression of willingness by the offeror to be bound by his offer should the party chooses to accept it. Where a party, without expressing his final willingness, proposes certain terms on which he is willing to negotiate, he does not make an offer, but invites only the other party to make an offer on those terms. This is the basic distinction between offer and invitation to offer. The display of articles with a price in it in a self-service shop is merely an invitation to offer. It is in no sense an offer for sale, the acceptance of which constitutes a contract. In this case, Smt. Prakash in selecting some articles and approaching the cashier for payment simply made an offer to buy the articles selected by her. If the cashier does not accept the price, the interested buyer cannot compel him to sell. Q2- Ramaswami proposed to sell his house to Rajiv who sent his acceptance by post. Next day, Rajiv sends a telegram withdrawing his acceptance. Examine the validity of the acceptance in the light of the following:- Answer The problem is related with the communication and time of acceptance and its revocation. As per Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is a complete as against the acceptor when it comes to the knowledge of the proposer. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards. a) The telegram of revocation of acceptance was received by Ramaswami before the letter of acceptance Ans- Yes, the revocation of acceptance by Ramanathan (the acceptor) is valid. b) The telegram of revocation and letter of acceptance both received together Ans- If Ramaswami opens the telegram first (and this would be normally so in case of a rational person) and reads it, the acceptance stands revoked. If he opens the letter first and reads it, revocation of acceptance is not possible as the contract has already been concluded Q3- Xââ¬â¢ agreed to become an assistant for 5 years to ââ¬ËYââ¬â¢, who was a Doctor practicing at Ludhiana. It was also agreed that during the term of agreement ââ¬ËXââ¬â¢ will not practice on his own account in Ludhiana. At the end of one year, ââ¬ËXââ¬â¢ left the assistantship of ââ¬ËYââ¬â¢ and began to practice on his own account. Referring to the provisions of The Indian Contract Act, 1872, decide whether ââ¬ËXââ¬â¢ could be restrained from doing so Answer An agreement in restraint of trade / business / professional is void undersection 27 of the Indian contract act, 1872. But an agreement of service by which a person binds himself during the term of the agreement not to take service with anyone else directly or indirectly to promote any business in direct competition with that of his employer is not in restraint of trade. Therefore X can b restrained by an injuction from practicing on his own account in Ludhiana. Agreement expressly declared as void. Q4- Akhilesh entered into an agreement with Shekhar to deliver him (Shekhar) 5,000 bags to be manufactured in his factory. The bags could not be manufactured because of strike by the workers and Akhilesh failed to supply the said bags to Shekhar. Decide whether Akhilesh can be exempted from liability under the provisions of The Indian Contract Act, 1872. Answer Delivery of Bags According to Section 56 of Indian Contract Act, 1872 when the performance of a Contract becomes impossible or unlawful subsequent to its formation, the contract becomes Void, this is termed as ââ¬Ësupervening impossibilityââ¬â¢ (i.e. impossibility which does not exist at the time of making the contract, but which arises subsequently). But impossibility of performance is, as a rule, not an excuse from performance. It means that When a person has promised to do something, he must perform his promise unless the Performance becomes absolutely impossible. Whether a promise becomes absolutely Impossible depends upon the facts of each case. The performance does not become absolutely impossible on account of strikes, lockout and civil disturbances and the contract in such a case is not discharged unless otherwise agreed by the parties to the contract.. In this case Mr. Akhilesh could not deliver the bags as promised because of strike by the workers. This difficulty in performance cannot be considered as impossible of performance attracting Section 56 and hence Mr. Akhilesh is liable to Mr. Shekhar for nonperformance of contract. Q5-Miss X, a film actress agreed to work exclusively for a period of 2 years, for a film production company. However during the said period she enters into a contract for another film producer. Discuss the rights of the aggrieved film production company under The Indian Contract Act, 1872. Answer Where a party comments a breach of negative term of a contract i.e., where heà does something which he promised not to do, the aggrieved party can go to court which may be issue an order restraining him from doing what he promised not to do. Such an order of the court is known as injunction. Since Miss X has agreed to work exclusively for the film production company for a period of two years, the aggrieved film production company can go to court and get injunction order restraining Miss X working for another film production company.
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