Geore Orwell essays

Geore Orwell essays The True meaning behind the Killing of the Elephant An elephant has been shot and killed. Wt a mere act of violence or does it go beyond that? In this situation, the killing of the elephant goes far behind self-defense and security. Its taken to a personal level, which leads to difficult complications. George Orwell is overwhelmed with what is expected from him, than what he knows is morally correct. Even though he knew emotionally that it was wrong to shoot and kill the elephant; it was more important to him how others perceived him over what he though about himself. George had very sour feelings towards the Burmans. Theoretically he was both, for and against the Burmans. He was for them because they were oppressed, and against them due to emotional experiences. Theoretically-and secretly, of course-I was all for the Burmese and all against their oppressors, the British. As for the job I was doing, I hated it more bitterly than I can perhaps make clear (Orwell 725). He felt as if he had to portray a certain character, in order for him to feel superior to them. It was a way for him to feel accepted and to feel comfortable with his surroundings. What Orwell wasnt aware of was the fact that he was portraying someone he really wasnt. By doing that he was lying to himself. Orwell was there representing the Britih; the last thing he would want to do is make himself look like a fool, in front of the Burmans. It would merely give them more reasons to laugh and taunt the British officers Going to another country, and having the responsibility of an officer, wasnt an easy task for Orwell. It was more like going thorough a maze with traps. Not knowing if the people want you there, and not being familiar with your surroundings. Orwell was there for a reason; he was there for the people. But it made his job more difficult knowing he disliked the people he was protecting ...

Using the Present Simple for ESL Students

Using the Present Simple for ESL Students The reading-comprehension passage below focuses on the present simple tense to describe habits and daily work routines. The present simple is typically one of the first verb tenses that new English students learn. It is used to describe an action that takes place on a regular basis. The present simple also can be used to express feelings, facts, opinion, and time-based events. The passage describes the daily routine and work habits of Tim, a typical worker in a central California city. Use the passage to help students better understand what is the present simple tense and how to use it. Before Reading the Passage Prepare students before they read the passage by explaining when to use the present simple tense and how to conjugate verbs in this tense. Explain that in English, you use the present simple to describe what you (or others) do every day. You also use verbs of frequency (such as always, sometimes, and usually) to indicate a habit. Ask students to tell you some things they do every day, such as setting the alarm before going to bed, waking up at a certain time each morning, eating breakfast, and traveling to work or school. Write their answers on the white board. Then explain that the present simple tense can be expressed in three ways: positive, negative, or as a question, for example: I eat lunch at noon.I never play tennis at noon.Does he walk to school every day? Tell students that theyll be reading a story about Tim, a worker who does a number of things regularly in getting ready for work, traveling to work, and performing his duties. Then read the story as a class, having students each read a sentence or two. Tims Story Tim works for a company in Sacramento. Hes a customer service representative. He gets up at 6 oclock a.m. each workday. He drives to work and begins his job at 8 oclock each morning. During the workday, Tim speaks to people on the telephone to help them with their banking problems. People telephone the bank to ask questions about their accounts. Tim doesnt give information about accounts until callers answer a few questions. Tim asks callers their birth date, the last four digits of their Social Security number, and their address. If a person gives incorrect information, Tim asks him to call back with the correct information. Tim is polite and friendly to everyone. He has lunch in a park next to his office. He returns home at 5 oclock in the evening. After work, he goes to the gym to work out. Tim has dinner at 7 oclock. Tim likes watching TV after dinner. He goes to bed at 11 oclock at night. Follow-Up Questions and Answers To extend the lesson, have students answer the following questions: What time does Time get up each workday? (6 oclock a.m.)What time does he begin his day at work each day? (8 a.m.)What are some of the duties Tim performs each day? (Tim verifies callers personal information. He answers questions from callers about their accounts. He is polite with each caller.)What time does Tim turn out the lights each night? (11 p.m.) Have students tell you a few more things Tim does each day as you complete your lesson on the present simple tense.

Land Law problem question Essay Example | Topics and Well Written Essays - 1000 words

Land Law problem question - Essay Example No individual joint tenant holds any specific share in the property. The following are features of joint tenancy: i) the presence of the ‘four unities’ which are unities of possession, interest, title and time and ii) right of survivorship. If land is conveyed to more that four persons, the first four of legal age named in the conveyance hold the legal estate as trustees (LPA 1925, s.34(2)) and joint tenants. If the transfer or conveyance contains the following phrases that the parties hold ‘as joint tenants’ or 'as tenants in common' or 'in equal shares’ or ‘equally’ or 'share and share alike' (words of severance). All these and similar terms negate a joint tenancy in equity as discussed in the case of Sleebush v. Gordon & Others [2004] All ER (D) 148 (Sep). But in the absence of contrary evidence, co-owners are presumed to hold the equitable interest as joint tenants in accordance with the principle â€Å"equity follows the law† as held in the case of Stack v Dowden [2007] UKHL 17. However, this presumption can be displaced and should not be embarked upon except in cases of unusual nature. Until recently, where purchasers contributed unequally to the purchase price, there was an equitable presumption of a tenancy in common rebuttable by evidence of contrary intention as held in the case of Goodman v Gallant [1986] 1 Fam LR 513. ... Scarborow[2004] EWCA Civ 411 (business partnership), and Malayan Credit v. Jack-Chia MPH Ltd [1986] AC 549 (business tenants). One of the great benefits of a joint tenancy with right of survivorship is that the property does not have to go through probate. Probate is the legal process that occurs when one person dies, and a court deals with that person's property and debts according to a will or, if the person had no will, state law. Probate is often annoying and time-consuming. Joint tenants, however, do not have to go through probate for their property because the transfer of ownership is automatic. 1 Anent the desire of X to leave her share in the house to the charity in the will, my advise to her is that, under the doctrine of the right of survivorship (jus accrescendi), on the death of one joint tenant, the entire estate remains vested in the surviving joint tenants, who continue to be treated as a single unit. The deceased joint tenant’s interest ends on death and is sub sumed into the interests of the survivor(s) so that nothing passes to his beneficiaries. Unless the beneficial joint tenancy has been severed prior to death, the dead man’s estate will have no claim on the property in question. 2 The right of survivorship takes precedence over any disposition made in the deceased joint tenant’s will, or over any rules of intestacy. Hence, even if X will dispose her share in the house in her will, leaving this to the chosen charity, the same cannot be given credence. The law does not recognize an attempt at severance by will because of the right of survivorship. My advise to Z is that, if she will apply to the court for an order that No 6 Belitha Villas be sold, she has the onus of proving the severance since she was the one who is seeking

Quantitative Risk Analysis in Investment Essay Example | Topics and Well Written Essays - 2000 words

Quantitative Risk Analysis in Investment - Essay Example Risk analysis is common now-a-days in all types of investment as the modern risk management literature has grown significantly. Many theories and models have been developed in the area of risk management by eminent thinkers. This paper takes a look at the classical risk analysis framework, namely mean-variance framework. The essay takes a descriptive approach wherein the mean variance model is discussed in the context of single as well as portfolio investment. An attempt is also made to incorporate the application of the model in pricing of insurance policies. Risk analysis in the context of investment is the process of quantifying the possibility of incurring loss to the return from the investment. The return from an investment is prone to risk when the actual return varies from expected return. Since risk measures the possibility of incurring an outcome, it can be measured with the help of probability and other statistical measures. As defined by T. V Bedford, risk analysis is the process of identification and quantification of scenarios, probabilities and consequences (Bedford 2001 p. 11). It is notable here that risk analysis cannot be possible without measuring return from the investment as risk and return are correlated and risk measures how actual return varies from expected return. ... Risk analysis of individual security investment is relatively easy as compared to that of portfolio. Risk Analysis in Portfolio Investment Portfolio is the collection of securities selected for investment. The logic behind investors' preference for portfolio rather than individual security is that the risks in portfolio can be reduced more easily than that of individual security. In other words, portfolio facilitates the risk diversification through spreading risks across all securities in the portfolio. The loss in one security can be nullified by the profit from another security/ securities in a portfolio. Calculation of Expected Return The analysis of risk in a portfolio is possible only after measuring return there from. The level of return expected from an investment is calculated by using the expected value of the distribution, and the probability distribution of expected returns for a portfolio. Then, risk is measured by the degree of variability around the expected value of the probability distribution of returns. The most accepted measures of this variability are the variance and standard deviation (Frank 2002 p. 21). The expected return from a portfolio can be estimated with the following model: (Source: Frank 2002 p. 21) Where, = 1.0; n = the number of securities; = the proportion of the funds invested in security i; = the return on i th security and portfolio p; and = The expectation of the variable in the parentheses (Source: Frank 2002 p. 21) Calculation of Portfolio Risk Risk is the chance that actual return will differ from their expected values. The expected value of return can be obtained from probability estimates for expected

Integrate a quote with a signal phrase that precedes the quote. Essay Example for Free

Integrate a quote with a signal phrase that precedes the quote. Essay In his article â€Å"A Matter of Degrees,† Clive Crook illustrates the importance of literacy today: â€Å"Illiteracy has always cut people off from the possibility of a prosperous life, and from full civil engagement†¦ Three out of ten seniors in public high school still fail to reach the basic-literacy standard† (30). 2. Integrate a quote with a signal phrase that interrupts the quote. â€Å"So much about today’s adult industry seems like an undeft parody of Hollywood and the nation writ large,† says David Foster Wallace in the essay â€Å"Big Red Son,† describing the evolution of adult film stars. â€Å"†¦The gynecologically explicit sexuality of Jenna [Jameson], Jasmin [St. Claire], et al. seems more than anything like a Mad magazine spoof of the â€Å"smoldering† sexuality of Sharon Stone and Madonna and so many other mainstream iconettes† (29-30). 3. Integrate a quote with a signal phrase that follows the quote. â€Å"I love the Cup because it stripped away all the things about professional sports that Ive come to despise†¦ The World Cup just bangs it out: Two cool national anthems, two 45-minute halves, a few minutes of extra time and usually were done. Everything flies by. Everything means something. Its the single best sporting event we have by these four measures: efficiency, significance, historical context and truly meaningful/memorable/exciting moments,† says Bill Simmons of ESPN. com in â€Å"Bill Simmons: World Cup 20 Questions,† explaining some of the virtues of the international soccer tournament. Works Cited Crook, Clive. A Matter of Degrees. The Atlantic Monthly Nov. 2006: 28-30. Academic Search Premier. Web. 5 July 2010. Simmons, Bill. Bill Simmons: World Cups 20 Questions ESPN. ESPN: The Worldwide Leader In Sports. ESPN Internet Ventures, 1 July 2010. Web. 05 July 2010. Wallace, David Foster. Big Red Son. Consider the Lobster and Other Essays. New York: Little, Brown, 2006. 3-50. Print.

Symbols, Symbolism, and Allusions in The Stranger (The Outsider) :: Camus Stranger Essays

Symbolism and Allusions in The Stranger " That's all for today, Monsieur Antichrist." " Specking very quickly and passionately, he told me that he believed in God, that it was his conviction that no man was so guilty that God would not forgive him, but in order for that to happened a man must repent and in so doing become like a child whose heart is open and ready to embrace all". A. The people in this short quote is Monsieur as the judge is talking to him. The judge don't think Monsieur believe in Jesus because Monsieur is always talking about how he does not care about anything and he rather just be in jail where he belongs. B. The quote that I think the author is trying to carry out through the story is the second quote I wrote down, because the author is saying that you need to repent and ask for forgiveness to God. Monsieur lawyer keeps telling him about Jesus and telling Monsieur that he needs to forget about the wrong things that he did in life and repent to God, but Monsieur being big headed is not going to listen because he think what he did is wrong and he should pay the price for what he did. C. The allusion that Albert Camus is trying to get at, is that people believed in antichrist and Albert is trying to say that if you do something wrong in life you can always repent and ask God for forgiveness. V. Representative Passage on Tone and Author's Philosophy " After a short time silence, he stood up and told me that he wanted to help me, that I interested him, and that, with God's help, he would do something for me." A. I think this passage tell us about the author prospective because he is telling us that if you ask for help and if you want the help it will happened. So what I am trying to say is that I if you are not a Christian and you have a friend that believe in Jesus and if you don't believe in Jesus you have to listen to your friend to understand what is going on so you can accept Jesus.

Death on the Nile: Novel and Film Essay

Agatha Christie’s 1937 novel Death on the Nile (adapted by Nancy Taylor for Penguin Readers in 2008) tells the murder mystery novel of a rich, upper-class and young woman her name is Linnet Ridgeway who marries the fiancà © of her best friend Jacqueline. Linnet and her husband Simon go to Egypt to spend their honeymoon there. Jacqueline feels envy from Linnet because she steals her fiancà © from her, so she keeps following them everywhere they go. In the middle of the trip Linnet murders while she is on her honeymoon in the Nile. There are many suspects on the boat because many people hate her and have a motive for killing her. The detective Poirot who is in the same boat tries to figure out who kills Linnet and solves the problem. One major theme of the novel is how envy leads the person to kill others. The movie version of Agatha Christie’s popular novel Death on the Nile was released in September 1978, produced by Paramant Picture, directed by John Guillermin, and adapted for the screen by Anthony Shaffer. In this paper I will compare and contrast the manner in which one element has been adapted by the filmmakers and I will offer a hypothesis about why filmmakers make this change; in addition, I will synthesize the opinions of two film critics. One significant plot element that appears in the novel and that adapted for the film version concerns Colonel Race. The character of Colonel Race in the novel is overall similarity from the film. In the novel, Colonel Race is a man who travels round the world and solving important cases for the British government. The first time he shows in the novel is in Abu Simbel when he visits the temple; whereas, in the film the first time he shows in the hotel in Cairo with the first group. Also in the novel he has a motive for being in the boat and it is to follow Signor Richetti who is a criminal and pretending to be another person with a fake job, but in the film there isn’t any reason for Colonel Race to be on the boat with them. On the other h and, there are three similarities between the novel and the film about Colonel Race character. In novel and in the film Poirot is an old friend of Colonel Race and they meet each other after a long period of time. Also in the novel and the film Colonel helps his old friend Poirot who’s a detective to find out the crime and Colonel is monitoring others to catch who kills Linnet, Mrs. Otterbourne, and Miss Louise. Also in the novel and the film, there isn’t any motive for Colonel to kill Linnet. But, why did the adaptors make these changes? Perhaps the film adaptors couldn’t have forgotten how Colonel Race is in the book. For example, they couldn’t have forgotten that Colonel Race was in the novel for a secret mission to look for a criminal named Signor Richetti. Also, they couldn’t have forgotten that Colonel Race showed in the second group in half way through the trip in Abu Simbel. They may have believed that if they remove those events in the film, they will make it easily to understand what is going in the film. Also, not to make the movie complicated by adding more events. Maybe if Colonel Race showed in the second group, he will steal the audience attention from Jacqueline when she showed again in the second group. Also the audience will keep asking the question â€Å"Who’s this?!† in addition, Poirot will have someone to talk with from the beginning of the film and to show how they are very close to each other. In addition, they didn’t mention a criminal who was following by Colonel Race to catch him. That’s why they will confuse the audience because they will not know to focus on a criminal Signor Richetti himself or on the other criminal who killed Linnet, Mrs. Otterbourne, and Miss Louise. Thus, it seems likely that the film makers made their decision possibly to prevent confusion. Therefore, I think the decision to remove th ese events was good. Overall, the way the filmmakers changed these events is great and well thought out. Reactions to the writing of Anthony Shaffer by two critics appear to be almost diametrically opposed. In his 2011 contemporary review in The Stop Button, anonymous critic rates the film negatively overall and he has some comments about writing. The anonymous critic says, â€Å"The point of these Poirot films isn’t necessarily the filmmaking or the writing, it’s the all-star cast-it must be the cast, since relatively nothing happens for the first hour.† The anonymous critic thinks that Shaffer writing is not good enough and it is apparently not as strong as he was expecting. Actually, the anonymous critic seems that he doesn’t enjoy the writing section. Anthony Clarke opinion in his DVD.net.au review is the same as the anonymous opinion. Clarke has some reservations about the writing; he has certain comments about Peter Ustinov. Clarke says, â€Å"The plot has been trimmed down from Agatha Christie’s original, the novel seems widely implausible.† Clarke’s review of Shaffer’s work is overall not good. At most, one might see the two opinions about Shaffer’s writing as negative since an anonymous critic says the word â€Å"Isn’t necessarily†, and Anthony Clarke thinks that the writing is also negative when she says â€Å"Trimmed down.† The two responses to the writing of Anthony Shaffer in Death on the Nile are more similar than they are different. One major theme of the novel that I recognized and relate to is that how envy leads the person to kill others. Throughout the novel and film, Jacqueline feels envy from Linnet because she steals her fiancà © and marries him. Jacqueline decides to bother Linnet and destroys her life. Especially there are many people hate Linnet and feel envy from her because of many reasons. At the end Linnet murders by someone who feels envy from her and hates her very much. I can think of many examples of people who feel envy from others and finally the result is murdering them, but one example stands out strongly among all others. I knew my cousin neighbor and they are from Kuwait. Their neighbor called Fatima and she has three small children. One day Fatima husband told her that he want to marry another woman because our religion says that man can marry maximum four women. His wife Fatima can’t prevent him so she kept silence all the time and her heart full of envy from her husband and the woman who will be his second wife. Her husband decided to do a small wedding party in the tent. On the day of his wedding, Fatima wanted to destroy her husband wedding party. In the middle of the wedding, she set the tent on fire by using gasoline gallons. At the end, her husband and his new wife also some other guests died because what she had done. The police came and took her to the jail because it’s a murder case. So that, Fatima destroyed her life and her husband and others life because of her envy. So I suggest that people should take the life in easy way. They shouldn’t feel envy about others because the result will harm and destroy them and others. I advise people to try to delete the envy from their hearts and to accept the reality of their life. People who feel envy from others they must know that everything in this world happens for a reason and they can’t ignore their destiny and they have to accept it. Works Cited Christie, Agatha. Death on the Nile. Ed. Nancy Taylor. Harlow, England: Pearson Education Limited, 2008. Print. Clarke, Anthony. â€Å"Death on the Nile.† DVD.net.au. DVD.net.au, n.d. Web. 24 July 2011. Death on the Nile. Dir. John Guillermin. Perf. Peter Ustinov, Lois Chiles, Mia Farrow, Simon MacCorkindale, David Niven. 1978. DVD. Anchor Bay Entertainment, 2002. â€Å"Death on the Nile.† The Stop Button. The Stop Button, 23 Feb. 2011. Web. 24 July 2011.

Meaning of life †2006 singles Essay

Have you ever wondered what the meaning of life is, the purpose of our existence. Life is truly a mystery we know very little of our own selves. Something beautiful as a life is something amazing to watch. A life is considered priceless. Life is a treasure among treasures. I consider it a miracle that I am alive and talking to all of you today. The chances of me being here is 1in 5 million, and yet I am here. The same goes for all of you present here today. All of us should feel blessed that we get to experience the privilege of living. The miracle of life begins with the love of two people because of this love a life is created. One good thing leads to another. They’re maybe time that we are challenged, but we should never yield instead we take these challenges as an opportunity to grow in life. If somehow you fall all you need to do is simply stand up again and again. Life is not just a bed of roses we need to fight for what we want and stand for whatever we believe in. Don’t be afraid to encounter risks. It is by taking chances that we learn how to be brave.Don’t shut love out of your life by saying it’s impossible to find time. The quickest way to receive love is to give; the fastest way to lose love is to hold it too tightly; and the best way to keep love is to give it wings.Don’t run through life so fast that you forget not only where you’ve been, but also where you are going.Don’t forget, a person’s greatest emotional need is to feel appreciated.Don’t be afraid to learn. Knowledge is weightless, a treasure you can always carry easily.Don’t use time or words carelessly. Neither can be retrieved. Our generation is so attached to technology that we become like machines. We spend so much time on our gadgets that we fail to notice the things around us. We fail to see the beautiful world around us. Living is not simply eating and breathing is if we spend so much time on our cell phones and playing computer games then we were never alive in the first place. Our life is the greatest gift we are given. The memories we make with our friends and family. We laugh, cry, love and hate these are the proof that we are truly alive. Each and every one of us is irreplaceable all of us are one of a kind. Don’t think of your life as something insignificant maybe just by the act of living you are making someone happy. There is one thing to remember Life is not a race, but a journey to be savored each step of the way.

JUDICIAL REVIEW essays

JUDICIAL REVIEW essays : uncategorized : Pros and Cons of Judicial Review Pros and Cons of Judicial Review Judicial Review is the power given to Supreme court justices in which a judge has the power to reason whether a law is unconstitutional or not. Chief Justice John Ma Click Here to Search COSHE's Database Again Judicial Review is the power given to Supreme court justices in which a judge has the power to reason whether a law is unconstitutional or not. Chief Justice John Marshall initiated the Supreme Courts right to translate the Constitution in 1803 following the case of Marbury Vs. Madison, in which he declared the Supreme Court as the sole interpreters of Constitutional law. This is one of the sole purposes of the Supreme Court of the United States. Many Historical thinkers would find some difficulty in imagining a government set up to limit the power of itself,but others would argue that this form of government best works for the people, and not against them. The treatment of the Constitution by the Supreme Court as a "living" document that is able to be translated differently over time for the good of the people has as many skeptics as it does supporters. But, if we do not allow the Supreme Court to translate the Constitution who then, should the people chose to do such an important job. If we were to look back at the ideas and thoughts of some of the greatest political thinkers of our time, we would find that individuals such as Plato, Niccolo Machiavelli, and John Locke, would share extremely different views as to whether or not Judicial review, and the Supreme Court as a whole, would be successful in their ideal government situations. One of the earliest political philosophers Plato, would find our present day governmental setup of the Supreme Court to be the ideal group to deal with the United States situation. Plato felt that government should be run by enlightened ...

Word Choice Every Day vs. Everyday - Proofeds Writing Tips

Word Choice Every Day vs. Everyday - Proofeds Writing Tips Word Choice: Every Day vs. Everyday What difference can one little space make? With the terms â€Å"every day† and â€Å"everyday,† the answer is quite a big one! But what exactly is the distinction here? And how do you use these terms? Check out our guide to â€Å"every day† and â€Å"everyday† to make sure you work is always error free. Every Day (On a Daily Basis) Written as two words with a space between, â€Å"every day† is an adverbial phrase meaning â€Å"on a daily basis.† This means we use it to describe an action that happens daily. For instance: We go bowling every day. Here, â€Å"every day† modifies the verb phrase â€Å"go bowling† to show us how often it happens. The most important thing here, though, is that the two-word phrase â€Å"every day† applies to actions. Strike!(Photo: skeeze) Everyday (Routine or Mundane) Written as a single word, â€Å"everyday† is an adjective meaning â€Å"routine,† â€Å"normal,† or â€Å"mundane.† We can therefore use it to describe something that is for daily use or part of a regular routine: I’ll wear my everyday clothes now and get changed later for the party. This sense of â€Å"everyday† is used to contrast with something designed for special occasions. It doesn’t, however, necessarily mean that the speaker wears the exact same clothes every single day. And although this term is commonly used for clothing, it can be applied to anything that is part of a regular routine or day-to-day practice (e.g., a store might offer â€Å"everyday prices†). Most crucial here, though, is that â€Å"everyday† should only be used to modify a noun (i.e., a thing), not a verb. Every Day or Everyday? The difference here is subtle, so it pays to be careful when using either â€Å"every day† or â€Å"everyday.† The key is that â€Å"every day† is an adverbial phrase, so it only applies to actions. The single-word term â€Å"everyday,† meanwhile, is an adjective and therefore used to modify nouns. Remember: Every day (adverbial phrase) = On a daily basis Everyday (adjective) = Routine or mundane

Popular translation Coursework Example | Topics and Well Written Essays - 250 words

Popular translation - Coursework Example Similarly, implementing the use of hydrogen fuel cell cars is another problem that can take decades. Engineers have tried unsuccessfully to come up with inexpensive hydrogen-powered fuel cells. Creating extensive storage facilities and transportation infrastructure for these vehicles is also a problem. However, chemical engineers have the potential to provide solutions to this problem though through thorough research. When comparing hydrogen fuel cells and internal combustion engines, you will find that fuel cells produce power at a higher cost of more than $ 2,000 per kilowatt. On the other hand, internal combustion engines generate power at a lower cost of around $35 per kilowatt. Therefore, this makes it expensive for the public. In terms of the operating lifetime between the two, internal combustion engines have at least 5,000 hours of driving compared to the 1,000 hours of fuel cells (National Research Council 2003). Therefore, fuel cells wear out faster than internal combustion engines. For example, if a person buys a new car he or she expects it to last for about 10 or more years. It is about 3,000 or more hour of driving time. In case you use fuel cell which only last for 1,000 hours, then practically it is not quite right. As chemical engineers, we can solve this critical and technical issue of making hydrogen fuel cells a reality and replace internal combustion engines but it would take

Although consideration is often referred to as the 'badge of Essay

Although consideration is often referred to as the 'badge of enforceability' for a contract in English law, in assessing the - Essay Example However, under the doctrine of promissory estoppels, any party can recover what it has rightfully earned, or the value of detriment suffered by reliance on the agreement, even if a court decides there is no legal contract (MacMillan & Stone, 2013 p.27). Thus, consideration forms one of the fundamental elements of a legally binding agreement, and is often referred to as the ‘badge of enforceability’ for a contract in English law. However, in assessing the validity of a variation in the terms of an existing contract, consideration is but one line of argument. This is because: Consideration is regarded by the English courts as the principle way of determining the existence of a contract (MacMillan & Stone, 2013 p.34). The significance of consideration as a vital aspect of a contract in English law is that; it is through the existence of consideration, that the other essential elements of a legally binding agreement are fulfilled. ... However, while this aspect is a principal requirement in the English contract law, there are further assessments that might be made; in spite of the mere fact that consideration really existed in the contractual agreement, which then nullifies the agreement as unenforceable. Therefore, while consideration forms a fundamental building block as far as the English contract law is concerned, it has emerged that it is not indispensable, and thus there are circumstances under which the courts can regard a contractual agreement that did not entail consideration to be legally binding, while also nullifying a contractual agreement that involved consideration as unenforceable in law (Gillies, 1988 p.72). This simply means that, despite the fact that consideration is a cardinal requirement in the English contract law, it must be interpreted in the context of other principles of a binding contract, and thus consideration is but one line of argument. First, despite the fact that consideration cou ld really exist in a contractual agreement, there is limitation offered to the concept of consideration, which states that past consideration is not consideration (Busch, 2005 p.33). This legal requirement then makes consideration but one line of argument; because it clearly shows that the mere existence of consideration is not sufficient to make an agreement legally binding, since if consideration is past, the contractual agreement will be regarded unenforceable, despite the existence of the consideration (Schulze, 2007 p.49). This principle has been established and demonstrated in various case laws, which has served to show that consideration is a