Writing Tips How to Use Commas and Semicolons

Writing Tips How to Use Commas and Semicolons â€Å"Comma v.  Semicolon? Aaargh!! I’ll just pick one†¦ I figure I have a 50% chance of getting it right.† Does this sound like you? If so, you’ve come to the right place. Let’s raise your average with these writing tips. Did you know you can HEAR the difference? The first thing I like to talk about with commas vs. semicolons is the sound of them. Commas are a pause with an invitation to continue, whereas semicolons are a full stop. You will be able to hear the difference. Read the following sentences aloud, paying attention to the *sound* of the punctuation: [CORRECT] In high school I was certain of my academic strengths; the daughter and younger sister of doctors, I excelled in math and science and dreaded every English course I was ever forced to take. [CORRECT] I took a wide variety of classes, from psychology and sociology to business and criminal justice, hoping to find something, whether it were a class or a specific topic, that captivated my interest. [CORRECT] Addison’s Disease is a chronic adrenal insufficiency that leads to liver failure, kidney failure, effusions, and in some cases, death; I was determined that it would not kill my brother. Can you hear how your inflection goes up with each comma, and down with each semicolon? The upward inflection of the comma makes us think there is something more coming. The sound of a semicolon, on the other hand, is often the same sound that comes along with a period. It is more final. If you didn’t get that the first time around, go ahead and read the sentences above again, until you hear it. Why is it useful to know how a punctuation mark sounds? It allows you to read your sentence aloud and to determine whether you’ve chosen correctly. If you have a semicolon in your sentence but the inflection sounds right going up, you know to switch it to a comma. And vice versa. Also, on a more basic level, if you find yourself pausing and inflecting upward and yet you have no comma there at all, add one! Here’s an example: [INCORRECT] I have learned a lot about myself, and my capabilities throughout my career. See how you want to pause and inflect upward after â€Å"capabilities† because of the comma after â€Å"myself†? Add a comma! [CORRECT] I have learned a lot about myself, and my capabilities, throughout my career. Or just delete the comma after â€Å"myself† and the inflection changes: [CORRECT] I have learned a lot about myself and my capabilities throughout my career. One more example: [INCORRECT] Although, I had many successful closings, there were always a few that were unsuccessful. Why put a comma after â€Å"Although† when you would not pause here when speaking? [CORRECT] Although I had many successful closings, there were always a few that were unsuccessful. I hope this lesson listening for commas v. semicolons was helpful. Category:Grammar Writing TipsBy Brenda BernsteinOctober 24, 2010 8 Comments The Essay Expert says: October 26, 2010 at 8:59 am Thanks for the comment Jackie. Now listen for whether you want a full stop or a pause between Good Stuff and I often struggle. Could these be two sentences standing on their own? If so look at using a semi-colon! Log in to Reply The Essay Expert says: October 26, 2010 at 11:42 am Ill work on that Beth! Log in to Reply Eric Nilsson says: June 27, 2012 at 11:40 am Dear Essay Expert, I dont quite agree with the comment that a semi-colon represents a full stop; I see it rather as a long pause. A full stop is a period and, when you think about it, a semi-colon is a combination of a pause and a stop (period on top and comma on bottom). Perhaps, because I love commas, I could be considered a Comma-adore (pronounce the a sound only once). Log in to Reply The Essay Expert says: June 27, 2012 at 11:47 am Thanks for your comment Eric. In my mind, the semi-colon, when used to separate what could be two full sentences, is closer to a full stop than to a pause; in a list of long items, the semi-colon inserts a long pause. My opinion: When used to separate two potentially distinct sentences, the semi-colon serves to connect two thoughts so related to each other that a period would serve as too wide of a separation. Log in to Reply Xelor says: March 20, 2019 at 6:05 am Dear Ms. Bernstein, Kudos and thanks for sharing your inflection-based pedagogy for comma and semicolon use. I found myself tutoring a teen for whom the sentence-structure approach learning rules about and how to recognize independent and subordinate clauses, appositives, parenthetical remarks, and coordinating conjunctions was as recondite as quantum mechanics. Moreover, I know well enough how to punctuate and had helped my own kids (all grown now) master a smattering of grammars nuances, I was anxious over the prospect of having to help a child who hadnt fully grasped the basics; thus I Googled for guidance. Using the search term inflective comma, I noticed your site among Googles first few results. It is just what the doctor ordered. I delivered an overview of what commas and semicolons do, telling my charge that if what precedes and follows the punctuation mark he inserted can stand alone as a complete sentence, use a semicolon; otherwise, use a comma. Imperfect guidance, yes, but given where the boy was, it seemed as fitting as any place to start. Next, I had him read this webpage, whereafter I clarified bits about which he inquired. Lastly, after telling him its called punctuation because its the written indicator of changes in a speakers voice, I suggested he simply speak his sentences in his head and listen for the pauses, variances in tone and emphasis, and so on, and simply toss in a comma where his inflection changes. What a difference! The young man, in mere minutes, went from period-only punctuation to near perfect. He was a little comma happy, but, hey, he used them, and, in turn, his voice came through, which, most importantly, means readers can unequivocally discern his meaning. The boys bright, his thoughts coherent, and on the strength of that, hes been a B-student; however, his poor punctuation has kept him from being an A-student. Hes got a graded writing assignment due Friday, so well see what happens and go from there. With any luck, hell soon be ready for em dashes, hyphens and ellipses. Whoo hoo! So, on his behalf and mine, thank you for maintaining this website. It was an inspirational godsend for me and a palpable aid for the young man Im tutoring. As didactic Internet content goes, one cant ask for more. Cheers, Xelor P.S. I dont know how the boy, whos a tenth grader, became a poor punctuator; maybe he skipped class on those days. Who knows? Its obvious, however, that between about the seventh and tenth grades, none of his teachers have acted to correct what is clearly but a mechanical issue, one that, given the boys manifested acumen and critical thinking skill, could long ago have been corrected. Perhaps they felt his earning Bs was good enough to obviate their bothering to intervene? In any case, their omission thus has unquestionably resulted in the boys grades and GPA being lower than he deserves. Who knows what impact that may have on his college prospects? Whatever affect it has, it likely wont be positive, and thats a doggone shame. Log in to Reply Brenda Bernstein says: March 20, 2019 at 6:21 am Thanks so much for sharing this story, Xelor! As a blogger, I never know what impact my writing will have, and I’m so thrilled I helped in this way. Your message was very well punctuated btw! Watch out for affect/effect 😉. Log in to Reply Xelor says: March 20, 2019 at 7:28 am Youre welcome. Im glad, then, that I bothered to share a little anecdote affirming for you that your contribution to the Internet has positively affected at least two people. The affect error is my bad; I didnt carefully proofread my remarks, behavior, or lack thereof, really, thats typical of my postings on the Internet. Failing to proofread results occasionally in my publicly making errors I know better than to make. The affect/effect error is an unusual one for me insofar as Im an old school dude who thinks impact is only a noun and effect is both a noun and verb. FWIW, affect/effect sentence began as I dont know how thatll affect his college acceptance outcomes, but in revising it, I left affect, but I cant say why. Worse, in my mind is the omission of a coordinating conjunction yet would have done nicely in the sentence that begins with moreover. Oh, wellwe all make mistakes, but hopefully not too many. LOL God bless and all the best, Xelor Log in to Reply Brenda Bernstein says: March 20, 2019 at 8:25 am Hi Xelor, I figured there was an explainable oversight here. I am all-too-familiar with errors that come from editing. And I definitely observed that your grammar is meticulous! By the way, I try to keep impact as a noun as well. Log in to Reply

Business law report Essay Example | Topics and Well Written Essays - 2250 words

Business law report - Essay Example However, formation or the validation of any contract gets hindered from the aspect of misrepresentation, duress and undue influence. This will be described in detail in first section of the report. The later section of the report will deal with analysing the aspect of corporate veil and separate legal entity or personality. Observably, the concept of separate legal entity enables a corporate to be seen as a different individual completely detached from an individual or owner of the same. On the other hand, corporate veil, which is developed in accordance with the concept of separate legal entity, enables or protects the shareholders of a business from having direct liability of debts or taxes of the corporate unit, rather the respective organisation will be entirely responsible for the same. The second section of the paper will mainly highlight the circumstances on the basis of which corporate veil and separate legal entity will be removed by the courts. A) The Impact of Misrepresent ation, Mistake, Duress and Undue Influence on the Validity of a Contract Misinterpretation or Mistake in Contract Misrepresentation is basically regarded as a false declaration made by one party to the other with regard to enter into a particular contract. It is often considered as the aspect of misunderstanding regarding any particular scenario. However, in legal terms, misrepresentation is quite a different concept and it impose certain considerable impacts altogether. In law, misrepresentation is also regarded as a fraud wherein certain legal punitive measures are applicable. This can be viewed as in the case of [Avon Insurance plc. v. Swire Fraser Ltd. (2000)]. Contextually, the impact of misinterpretation on contract will be vital to consider. Misrepresentation can be of several types comprising unwarranted statements, breach of duty and mistake regarding subject matter among others. In unwarranted statements, one person positively declares another that a particular aspect or i nformation is true in nature in-spite of the presence of any evidence. This type of misrepresentation can be seen in the case of [Sheffied nickel co Vs UNVIN 1867 LR 2 HL 149] (Johnston & Zimmermann, n.d.). A breach of duty can also be considered as misrepresentation in the court of law. A person who is involved in breach of duty by misleading the other person for his own advantage will fall under the regulation of misrepresentation. Additionally, mistake with regard to the subject matter of any particular agreement is also considered as one sort of misrepresentation. It is believed that the subject matter for any particular agreement between two parties is the value or the quality that needs to be maintained (vBulletin Solutions, 2013). However, if one of the parties is involved in a specific agreement, execute any mistake with regard to the quality to be maintained, misrepresentation will be deemed to take place. Impact of Misrepresentation or Mistake on the Validity

How sports affect children in a positive way Research Paper

How sports affect children in a positive way - Research Paper Example This research will begin with the statement that to make the man perceive and understand the  true value of positive aspect, God has created negative of everything e.g. good against evil, cold against hot, right against wrong, strong against weak. â€Å"G. W. F. Hegel: Lectures on the History of Philosophy.†, on the subject of â€Å"POSITIVE ASPECT† quoted Robinet: â€Å"The result of his observation is that good and evil balance each other; this equilibrium constitutes the beauty of the world.... it also hints at the deeper idea that there is no activity except through contradiction.† When a man perceives the positive aspect, it brings hope, satisfaction, and happiness. Perception of negative aspects produces doubt, despondency, and unhappiness. A young human being below the age of full physical development is generally termed as â€Å"child†.   If we carefully study and experience a child, we find that there are many characteristics and attributes wh ich are naturally attached to the child behavior. It could be defiant, stubborn, hyperactive, short-tempered, rude, disrespectful, liar, demanding, violent, lazy, or coward. It is not necessary that a child has all these negative attributes, but whatever he has, it is his inheritance. This inheritance depends on many factors.   The parent from whom he is born, the environment in which he is brought up, the education he receives, the family, economic, social and religious conditions in which he grows. All these are the factors that are built into a child’s psyche and character.  ... Any activity by a human being which requires physical exertion or skill and competition is usually identified as â€Å"sport†. It generates interest and enthusiasm in the person who does such activities. Even children with disabilities are encouraged to play sports. Sport is one thing that is not influenced by the character and individuality of a child. In fact, it is the children which are affected and influenced most by the sport. It is one of the most important things in recent times as Sports have changed in the children, their negative psyche in to the positive individuality. Many researches and studies have been conducted on the child psychology. It is now universally accepted that one of the most important things that can create positive attributes in a child is sport. We can find all over the world that sports facilities are always there in schools, whether they are kids’ schools, primary schools or secondary schools, public or private schools. Better the sport facilities at school, higher is its reputation and prestige. â€Å"For many years the United Nations system has acknowledged the importance of sports in society. United Nations bodies have enlisted star athletes and major sporting events in campaigns to promote immunization against childhood diseases and other public health measures, to support the fight against racism and apartheid, and to promote human rights† This self explanatory message is given on â€Å"UN Enable - United Nations, Sports and the Paralympic Games† [4] There are three main elements which can help a sport to leave a positive effect on the children. First element is the kind of sport a child is playing.

Protecting and Preserving Our Environment Essay Example for Free

Protecting and Preserving Our Environment Essay Our planet Earth is dying. This is a fact that we are experiencing, caused by our own behaviors. The term â€Å"dying’’ is true, because our lifestyle is causing serious damage to the environment and might lead to the termination of humanity if those actions are not stopped. We all share a role in protecting and preserving our environment because it is the primary and the only place for us to live and develop new generations. We all are consumers, but there is a huge difference between a wise consumer and an average consumer in terms of protecting the environment and homeland. As consumers, we always look for the lowest price without putting in mind the potential damage a product can cause to our environment. A perfect example is plastic bottles. We always buy plastic bottled products without knowing whether they are recyclable or not. In fact, it is estimated that 80% of plastic bottles are not being recycled (Greenupgrader.com). A nonrecyclable plastic bottle may last as long as 1000 years before it biodegrades completely (Answers.com). Another notable fact is that 1 ton of recycled plastic bottles would save more than 7.4 cubic yards of landfill (Earth911.com). If we all move to buying recyclable bottles and recycle them, we would save our environment from mountains of discarded bottles. Also, we may save our environment from tons of toxic vapors caused by burning plastic bottles. Controlling air pollution is another crucial factor in preserving our environment. In the past, people were not worried about the potential harm the environment is exposed to because of their acts; however, they became much concerned and alarmed nowadays after they sensed the symptoms of the global warming. We all know about global warming and its side effects. We also know that we are all accused of that problem because of our actions, but why don’t we stop it? If we all try to reduce main factors of air pollution; we would decrease the global warming, and how is very easy. Reducing the use of fossil fuels is an excellent example. Hybrid or fully electric cars can produce 25% to 90% less toxic emissions than an ordinary gas powered vehicle (carbon-monoxide-poisoning.com). This means if we buy hybrid or fully electric cars; then we would contribute to the environment by reducing tons of toxic emissions from fossil fuel powered vehicles. Those toxic emissions cause about 51% of Carbon Monoxide in the air; which is an extremely toxic gas and fatal in high concentrations (thegoodairlady.com). Another great example of reducing air pollution is sharing a ride when commuting to work or school. Sharing a ride or â€Å"carpooling† reduces the number of running vehicles on roads and thus reducing the toxic emissions from them. If 500 people use carpooling every working day, then we would contribute to the environment by reducing as much as 60% of the total carbon monoxide in the air. Controlling air pollution is extremely important; however, excessive water consumption is even much more important and essential to humanity and next generations. Water is becoming scarce in different parts of the world, and this is because we don’t know how vital water conservation is. It is estimated that over 1.5 billion people worldwide do not have access to safe and fresh water to drink (Matt Scott). Isn’t 1.5 billion an astonishing number? , and don’t you think it is time to reduce our consumption not only for us, but also for the next generations? There are many ways to conserve water. One good example is the use of low flow shower head. A low flow shower head may reduce about 15 gallons of water during an average 10 minute shower (environment.nationalgeographic.com). In addition, we all have to regularly check our house for water leaks. Undiscovered water leakage could waste as much as 15,000 gallons of water a year. Moreover, try to avoid filling the bathtub and instead use the overhead shower. Taking a bath wastes about 70 gallons of water, while a normal 10 minute shower wastes only 20 gallons. The difference may not be significant, but over a long period, it does matter. Finally, I think if the majority of us went to one of the mentioned solutions and acted mindfully, then we would save our precious environment from pollution, water scarcity, and many other serious environmental issues. Environment conservation starts with me, you and all occupants of planet earth, so let us start protecting our lives and have a brighter future for the next generations. Works Cited Gunzelmann, Doug. â€Å"Plastic Bottle Facts Make You Think Before You Drink† August 2008 www.greenupgrader.com/3258/plastic-bottle-facts-make-you-think-before-you- drink/ Gunner, John. â€Å"How Long a Plastic Bottle Last Before it Decompose† April 2010 www.wiki.answers.com/Q/How_long_for_plastic_water_bottle_to_decompose Earth 911 â€Å"Plastic Recycling Facts† June 2007 www.earth911.com/recycling/plastic/plastic-bottle-recycling-facts/ Carbon Monoxide Poisoning â€Å"A Guide to Prevent Carbon Monoxide Poisoning† www.carbon-monoxide-poisoning.com/article5-hybrid-car-emissions.html Sage Blossom Consulting. ‘’Car Pollution Facts’’ August 2007. www.thegoodairlady.com/car_pollution_facts_000233.html/ Matt, Scott. â€Å"40 Shocking Facts About Water’’ June 2009. www.metadornetwork.com/change/40-shocking/facts-about-water/ National Geographic â€Å"Water Conservation Tips† www.environment.nationalgeographic.com/environment/freshwater/water-conservation- tips/

Grendel Essay -- Literary Analysis, John Garner

In 1971, American author John Gardner wrote Grendel. With a mastermind of creativity, John Gardner successfully retells the classic epic poem, Beowulf. He captures the reader by giving an interesting view of order and chaos, good and evil, hero and monster, allowing the monsters point of view to be seen. On July 21, 1933 John Gardner was born in Batavia, New York. He was the son of a preacher and diary, and his mother taught English. They were very fond of Shakespeare and loved to recite literature. Gardner spent his early days attending school, playing French horn, and working on his dads farms. In April 1945, Gardner's brother was killed in an accident with a cultipacker on their family farm. Gardner was driving the tractor during the team of the accident. He took the guilt for his siblings death, and as a result he suffered from nightmares and flashbacks. Taken over by the guilt and self-hatred, he beings to perfect his playing of the French horn; he use the instrument as a blockade from the outside world, allowing him to withdraw from his family and other forms of company(Winter 13).This feeling of guilt will be transfer into his writing, such as in the short story "Redemption", which recounts the accident (Winter 13). Gardner graduated from Batavia High school, and enrolled into DePauw University. He married Joan Louise Patterson in 1953, and went in to attend Washington University. After graduating from Washington University in 1955, he went on to attend the University of Iowa, where he studied medieval and Anglo-Saxon literature(Howell 1). After receiving his doctoral degree, Gardner spent a period of time teaching at Chicago State College, Oberlin College and San Francisco College(Howell 2)... ...akes the reader have some compassion towards Grendel, makes it difficult to favor a particular character in the novel. Another theme of the novel is the confrontation order and chaos. Norma L. Hutman states, â€Å"Grendel see chaos in all that occurs and indeed insist on chaos as the ultimate principle. †¦Out of the untamed world monsters invade the tamed and symmetrical world of man, entering the mead hall to leave, together with death and destruction, their chaotic mark upon the ordered universe.† Grendel seems to view man as a maker of pattern. Stating, â€Å"They are thinking creatures, pattern makers† (Gardner 22). â€Å"They map out road through hell with their crackpot theories (Gardner 13). Through such changes, Gardner creates themes that appear in Grendel and much of his later work. He hungered readers with his writing, which as a result empowered him with success.

Differrences between Invitation to treat and Proposal Essay

A proposal is made when a person is willing to enter into a legally binding contract. However, an invitation to treat is merely a supply of information (eg. an advertisement) to tempt a person into making a proposal. It is important to differentiate a proposal which will consequently lead to binding obligations on acceptance. On the other hand an â€Å"invitation to treat† is a mere suggestion of a readiness to deal or trade. In essence, an invitation to treat is a preliminary approach to others inviting them to make a proposal which can then be accepted or rejected. For example, if A said: â€Å"I want to sell you my Xbox 360 but I will not let it go for less than $300†, that is an invitation to treat. Even if B wanted to buy A’s Xbox for $300 he cannot be obliged to sell it to you for there is no official proposal in which to accept or reject. However if A said â€Å"I will sell you my Xbox 360 for $300†, that would constitute as a proposal. The invitation does not constitute a proposal, it is an invitation to engage in negotiations to form a contract, or an proposal to receive an proposal from another party (Willmott et al., 2005, p. 37). In Partridge v Crittenden, case law has established that advertisements and in Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd auctions and displays of goods for sale are invitations to treat rather than proposals. However, in other types of transactions it can be hard to differentiate between the two. This is where the ‘objective test’ applies: it must be determined how a reasonable person would regard the situation. An invitation to treat may sometimes appear to be a proposal and the difference can sometimes be difficult to determine. The distinction is important because if one accepts an proposal, they have created a binding contract however if one accepts an invitation to treat then they will be making an proposal. The main difference betwe en an proposal and an invitation to treat is where an invitation to treat lacks the intention to be legally bound. The difference between an proposal and an invitation to treat lies solely in the promisor’s intentions. An proposal is a proposal in which all bargaining is resolved and the party who wishes to make the transaction is prepared to  make a legally binding contract with an individual who has equal bargaining power and has the capacity to responsibly accept. An example of a common proposal could include a phone contract, where all the terms and conditions have been made and acceptance is ready to occur with no further bargaining. In contrast, an invitation to treat is seen as â€Å"a request to negotiate or make an proposal with a contract in mind†[1]. An invitation to treat allows for further questions, statements and bargaining to me make during the negotiation process where the acceptance of such a request is not legally binding. Determining the difference between an invitation to treat and an proposal can be difficult as these two terms are similar and yet, legally, very different. An invitation to treat is not an proposal (Monahan and Carr-Gregg, 2007, pp. 6-7), but rather a request to negotiate with the intentions to enter into a contract. There is no legal obligation on the person who proposals an invitation to treat. Once there is an expression of willingness to be contractually bound on the stated terms (Australia Legal Dictionary, 2004, p.306) an proposal is said to have being made. However, where there is no intention to be bound by a contract, negotiations continue until the terms can be accepted and the parties contractually bound, should a party accept the invitation to treat then make an proposal and this is accepted, then there will be a legally binding contract. As shown in Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1953) 1 QB 401 once a customer makes an propo sal to buy goods from the store; the owner can accept or reject the terms. For example, though a salesman may display an item in a store window it is not an proposal as the proposalor is not obliged to make the sale and can still alter the price or present terms or conditions as to the sale of the item. If the terms can be successfully negotiated then an agreement can be reached and the parties are contractually bound, however, if the proposalor refuses the proposalees proposal, then negotiations may or may not continue depending upon the intentions of both parties. The shop owner isn’t legally obliged to sell an item that is being advertised, even if the price was met by a customer, or if it was accompanied by a special proposal. This was easily seen in Fisher V. Bell [1961] 1 QB 394, where the shop owner displayed a flicknife for sale  but this sale was prohibited due to legislation. This also allows shop owners not to sell an item which was mistakenly priced at a very low amount. A particular form of invitation to treat that has come under scrutiny has been advertisements. In his judgement in Partridge v Crittenden, Lord Parker CJ said, ‘When one is dealing with advertisements†¦there is business sense in their being construed as invitations to treat and not proposals for sale.’ Although a layman may regard the listing of a price next to an item in a catalogue as an proposal, in legal terms this is generally an invitation to treat, or an invitation for the customer to proposal to purchase the item, which the store/salesman may then accept or reject. Similarly, information regarding a product is also regarded as an invitation to treat according to Gibson v Manchester City Council. The fundamental difference between an proposal and an invitation to treat is the intention of the proposalor, and while an advertisement, which is not targeting anyone in particular (but the world at large), can generally be deemed an invitation to treat, it is possible for it to be an proposal to the world at large. As stated many times already, an important factor is the intention of the person making the proposal and there are several factors to determine whether the advertisement is an invitation to treat or an proposal to the world at large. The terminology that is used, any limitations imposed on who could accept or any limitations on what was being proposaled are important factors. The need for invitations to treat is clear, because otherwise people may find themselves in contracts they cannot fulfil, possibly due to insufficient stock (Graw 2005). If an proposalor, however, limits the number of people who can accept, the problem wouldn’t occur and it makes it possible for the advertisement to be an proposal to the world at large. This is seen in the case of Lefkowitz v Great Minneapolis Surplus Store 86 NW 2d 689 (1957) in the USA. In this case the store placed a newspaper advertisement specifying â€Å"first in, first serve† for â€Å"3 brand new fur coats, at $1 each†. Mr Lefkowitz was one of the first three customers to try and buy a coat. He was told that it was only for women. He sued and won as the proposal was clear and definite, it wasn’t an invitation to treat but an proposal to sell.  Also, if an advertisement proposals something and limits supply (eg. â€Å"Until stock runs out†, â€Å"two per customer†) i t may be intended to fill all orders within the limitation and therefore it would be an proposal not an invitation to treat. An important case to consider when comparing the differences between an proposal and an invitation to treat is the case of Leonard v Pepsico 88 F.Supp.2d 116 (1999) during which a television advertisement was aired proposaling prizes that could be exchanged for specific amounts of product ‘points’ or the cash equivalent (i.e. 50 points for a hat and 75 for a t-shirt). At the end of the advert Pepsico proposaled a fighter plane for 700,000 points. John Leonard took the advert seriously and consequently earned the required points and sent his points away to pepsico for the plane. When denied his acceptance of what he took to be an proposal, Leonard proceeded to take legal action against Pepsico. Kimba M. Wood J held that; the advert displayed no terms nor conditions, adverts do not constitute an proposal and there was no proposal made for which the plaintiff could respond to. As the proposal was made in jest, the advert could not be taken to constitute a valid proposal and as such should be viewed merely as a invitation to treat. An important case to consider when comparing the differences between an proposal and an invitation to treat is the case of Leonard v Pepsico 88 F.Supp.2d 116 (1999) [7] during which a television advert was aired proposaling telling of prizes that could be exchanged for specific amounts of product ‘points’ or the cash equivalent (i.e. 50 points for a hat and 75 for a t-shirt). At the end of the advert Pepsico proposaled a fighter plane for 700,000 points. John Leonard took the advert seriously and consequently earned the required points and sent away for the plane. When denied his acceptance of what he took to be an proposal, Leonard proceeded to take action against Pepsico. Kimba M. Wood J held that; the advert displayed no terms nor conditions, adverts do not constitute an proposal and there was no proposal made for which the plaintiff could respond to. As the proposal was made in jest, the advert could not be taken to constitute a valid proposal and as such should be v iewed merely as a invitation to treat. An invitation to treat is distinguishable from an proposal in that; an proposal constitutes the first step of a contract and can be accepted along with consideration to form a contract. An invitation to treat is not an proposal but merely an invitation for the targeted audience to present their proposal, which may, or may not be accepted. A prime example of an invitation to treat is a catalogue. Catalogues often contain pictures, and words describing their products on sale and are advertised to a large number of people in a certain market who may be interested. Whereas an proposal would be targeted at an individual with certain terms and conditions, rather than at a large audience. It is important to establish that a catalogue is only an invitation to treat, otherwise a retailer could be in breach of contract if they exhaust all their supply of a product that has been proposaled in their catalogue. Businesses such as Supermarkets, travel agents and Car Companies often use the term â€Å"special proposal†, which can be mistaken to have the same meaning as the term â€Å"proposal† does in the legal sense. (Massey V Crown Life Insurance Co ). The courts recognise that people from non-law backgrounds, use the word â€Å"proposal† rather loosely and therefore are reluctant to rely on the use of the word, to gauge intention (Gooley et al., 2007, pp. 45-46). It is often an invitation to treat in the same sense as â€Å"display of goods†. Merely calling something an proposal does not make it one (Graw, S, 2005, pp. 48-49). The conditions and rationale under which a court differentiates an proposal from the ambiguous invitation to treat, is that an proposal is a readiness to be legally bound. In contrast, both parties within the invitation to treat remain at the negotiation stage. It is not until the invitation to treat has led to an proposal, which is then accepted, that a contract is formed. Promotional statements in advertisements are treated as invitations to treat or to be ‘outside the realm of contract law altogether as being mere â€Å"puffery† not intended to be legally binding’ (Davis, J, 2006). Another  issue that arises in clarifying an proposal from an invitation to treat is that when an proposalee submits an enquiry, it is difficult to determine whether or not the response can be interpreted as an actual proposal or simply a mere supply of information as seen in Harvey v Facey [1893] AC 552. The courts regard that the presentation of goods for sale in a shop signifies that the cashier is willing to treat, in spite of the price labelled on the item. Therefore, an proposal is only reached when the customer presents the goods to the cashier, which will either be accepted or declined. When examining cases in contract law, it is essential to understand the four elements of contract formation to be able to trace negotiations back to the very fine point that distinguishes an proposal from an invitation to treat. Auctions are a distinct method of sale where whether it is an proposal or invitation to treat can sometimes be ambiguous. If there is a reserve price for the item of sale, the auctioneer cannot sell the item unless the highest bid is higher than the reserve price. In this case the verbal enticement to bid made by the auctioneer towards a plausible purchaser can be considered akin to an invitation to treat. Each of the bids therefore can be regarded as an proposal which the auctioneer may or may not accept. The acceptance can be considered to have occurred when the hammer falls. Payne v. Cave (1789) 3 TR 148 is a good example in which the proposal was withdrawn before being accepted. In this instance the defendant made the highest bid for items for the plaintiffs but before the auctioneers hammer could fall, he withdrew the proposal. The court found the defendant was not contractually bound to purchase the item. His bid was considered to be an proposal, which was permitted to be withd rawn before the auctioneer had accepted. If the item in question has no reserve price, the highest bidder is usually considered to have made a contract with the auctioneer and therefore a rejection by the auctioneer would usually be considered a breach of contractual proposal. This was shown in the Court of Appeal in Barry v. Davies [2000] 1 WLR 1962. Differences between Cross-offer and Counter-offer Cross offer – When the offers made by two persons to each other containing  similar terms of bargain cross each other in post they are known as cross offers. For example, on 1st January A offers to sell his radio set to B for Rs. 500/- through a letter sent by post. On the same date B also writes to A making an offer to purchase A’s radio set for Rs. 500 /- When A or B send their letters they do not know about the offer which is being made by the other side. In these cross offers, even though both the parties intend the same bargain, there arises no could arise only if either A or B , after having the knowledge of the offer, had accepted the same. Counter Offer – A counter offer amounts to rejection of the original offer.Legal effect of counter contract. A contract offer:- (i) Rejection of original offer (ii) The original offer is lapsed(iii) A counter offer result is a new offer.For example -A offered to sell his pen to B for Rs.1,000. B replied, † I am ready to pay Rs.950.† On A’s refusal to sell at this price, B agreed to pay Rs.1,000. Held, there was not contract as the acceptance to buy it for Rs.950 was a counter offer, i.e. rejection of the offer of A. Subsequent acceptance to pay Rs.1,000 is a fresh offer from B to which A was not bound to give his acceptance.

Personal Statement Liars Are Liars - 1548 Words

â€Å"Insecure people will put a stormy cloud on your head on a sunny, bright day. Insecure people will be one person in front of you and to your face, but as soon as you walk away, know that they will do their best to ruin you just to make themselves feel better. They’ll lie and be deceitful. They’ll exaggerate stories and tell horrible rumors, but all you can really do is watch. Watch, and hope that one day they will understand the true meaning of honesty and that one day they won t feel the need to put anyone down. You can only hope that one day, they too will find happiness. Liars are liars, and that’s that. White lies, the lie of fabrication, the bold faced lie, lying in exaggeration. It’s all the same! You would think that it’s†¦show more content†¦However, she was nowhere near an example that you should look up to. She was tall, peculiar, and really rude. She would pick a fight with anyone walking down the street because she knew she could win. This girl belonged to a tribe of giants, but I knew that if she were to approach me I would not back down. I walked to school, and I kept repeating these simple words in my head: â€Å" I am confident, I am brave, I am beautiful†. I repeated it so many times, to the point that I slowly started to believe it. No one would get into the way of my education, especially not some dumb giant. My day was supposed to be a good day. I was ready to go to my classes when all of a sudden the principal approached me. He told me that I had stole money from Abenet, and that she wanted it back. I was confused, confused at the fact that he had accused me without even asking if I’d done it. I told him that what she said, was obviously a complete lie. Honestly, my thoughts till this day is that he only believed her because he knows that she could kill him with one punch. She was huge, but how dare she lie about me? How dare she accuse me of being a thief? I would never tolerate such indecency. I walked away hoping that nothing else would ruin my day, but this giant kept on getting in my way. I mean that literally. She was so tall, and so chubby to the point that everywhere I looked, I would see a piece of Abinet. I started to