Friday, December 27, 2019

Review of the Movie Black Swan - 674 Words

There’s no absolute goodness or evilness. We are in an inner battle where our id and superego are constantly fighting to take the upper hand. While kindness and being ‘perfect’ is generally praised, it’s probably counterproductive to always suppress your basic feelings and desires. It’s imperative to acknowledge yourself as a combination of good and evil. Otherwise you will fall in deep self-blame and struggle when you discover your evil side which is the polar opposite to the idealistic image you set for yourself. And this could lead to serious consequences as is in the case of Lina, where she nearly collapses and begins to hallucinate when she can’t properly balance the two personalities inside of her. She wants to yield to the†¦show more content†¦The result, however, is not protection but deprivation. In my opinion, her mother deprived Lina of the knowledge of what’s the world truly like so the inner conflict arises when Li na is exposed to the dark side of the world because she have no experience to draw on to cope with the situation. Her well-intended ‘protection’ results only in impeding her daughter’s mental growth and her inability to balance the id and superego which eventually contributes to her personality split. The other person who has a decisive impact on Lina’s discovery of her dark side is Lily. Lily is a charming, seductive and bold woman, a perfect fit for the black swan and this arouses jealousy in Lina who assumes Lily as her enemy and even misinterpret her kindness as endeavors to replace her role as the black swan. As a matter of fact, I think underneath Linas surface of a white swan, Lily is exactly the kind of woman the dark side of Lina is eager to become. The first encounter between the two women when Lilys face turns into that of Linas when she draws close strikes me as an implication that Lily actually desires the dark side of her that has been suppre ssed for far too long. The dark side of the pure and innocent Lina breaks loose eventually when she kills and subsequently hides Lily. And when the dead Lily strangely reappears in her doorway, It becomes apparent to us that her fight withShow MoreRelatedAnalysis Of The Film Black Swan 1284 Words   |  6 Pages Black Swan a film made in 2010 starring Natalie Portman took us into the world of ballet dancer Nina Sayers. The film shows Nina’s journey, as she tries to attempt to be the perfect embodiment of the Swan Queen. The Swan Queen role encompassing both the Black and White swan. It shows the struggle she makes to let go and break the perfection of the White swan to become the Black Swan. This is the story at surface value. The stories inner meaning though portrays the cycle of maturity involvedRead MoreThe Movie Black Swan Essay1639 Words   |  7 PagesThis research paper will reflect on the film Black Swan. Examples will be used from the movie to explain the symptoms of psychosis found in Schizophrenia. Different scenes will be broken down to the physiological and biological level. Common drugs will also be listed and described and their purpose. Information of how the medicine works will be incorporated into the description. After fully explaining Schizophrenia and Psychosis related to Nina (Black Swan lead character), environmental factors willRead MoreThe Black Swan and Human Perfectionism Essay4892 Words   |  20 Pageswhat extend the need of being perfect leads man to its own destruction? Perfection seen through the film â€Å"The Black Swan†. Claudia Patricia Villacà ­s Galarza IB Code: 001421-054 Words: 3980 Abstract The research question of this extended essay is: To what extend the need of being perfect leads man to its own destruction? It is an analysis of perfection through the film The Black Swan. In the film the main character, Nina, is an obsessed ballerina who at the end destroyed her own life. I beganRead MoreThe Good Son Directed By Joseph Ruben1629 Words   |  7 Pagespopular. Psychological thrillers have been around since before 1940s. Some of the most famous psychological thriller films include Fight Club, Black Swan, Psycho, Shutter Island, and many more. Despite the astounding technical aspects in the Psychological Thriller film, The Good Son directed by Joseph Ruben, some believe an ethical issue may have ruined a good movie. The Good Son is based on an 11 year old boy, Mark Evans, who lost his mother to a long battle of cancer and was forced to stay with hisRead MoreMovie Review : Video Games1292 Words   |  6 PagesTomatoes score of 1% and it currently has an IMDB user rating of 2.3, making it the 43rd lowest rated movie on the site. Pretty much everything about the film is embarrassingly bad, starting with the acting from B-list stars like Christian Slater, Tara Reid, and Stephen Dorff. There s also some very fake-looking CGI used to portray the monsters. Peter Hartlaub gave a particularly scathing review for the San Francisco Chronicle, writing It fails so miserably as both an action and horror pictureRead MoreThe Ballet Physique as Molded by Media Essay2346 Words   |  10 Pagesscrutinized, and is full of cultural and historical ideas. Media plays a huge part in the perception of these idealistic views of the of the ballet image. A specific example of this is the Hollywood film â€Å"Black Swan†, where a ballerina is portrayed as having an eating disorder. Ultimately, through â€Å"Black Swan†, various magazine articles, and recent studies on the issue, media’s limited and restricted beliefs about body image in ballet are able to resonate through to the general public. Ballet dancers haveRead More Movie Essays - Comparing the Novel and Film Version of Joy Luck Club1811 Words   |  8 Pagesalready captivating Joy Luck Club. The novels easy-flowing, poetic language, along with the explosiveness of the American subject of immigration, account for the enthusiastic response among the international readership and for the excellent book reviews of, among others, the Los Angeles Times, Chicago Tribune, and San Francisco Chronicle.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Though director Wayne Wang slightly alters the novels plot, the changes occur without detriment to the novel. Like the book, the film clearly conveysRead MoreThe Effects Of Heroin And Prescription Opiates1971 Words   |  8 Pageswith their first hit of heroin. Who does the prescription drug and heroin epidemic most effect? Where do these people live and go to school and work? What is the rate of overdose and how can this be prevented? In director Darren Aronofsky’s 2000 movie Requiem for a Dream, he portrays a group of three young adults who become addicted to heroin and travel in a downwards spiral as they try to â€Å"make it big† by buying and selling heroin. While they try to make it out of their opiate-induced haze of aRead MoreMonsanto, The Evil One982 Words   |  4 Pagesillness child that could barely eat and drink anything. In able for Kelvin to drink water, it was tested so that he would be able to revive from the E.Coli. Kelvin’s kidney failed over the course of being at the hospital. Nothing could have stopped the black vomit, bloody diarrhea and his sunken eyes. It was reported that the hamburger was manufactured by one of Monsanto’s branches. This horrifying story itself is a proof of how evil and destructive Monsanto is. However, Monsanto always find a way to remainRead MoreAnalysis Of A Discourse Community Of Dance1401 Words   |  6 Pagestheir body weight. Somethin g that has been looked down upon in the trained dancers’ community is what it takes to get certain notable parts. For instance, they must weigh in at a certain weight in order to be in lead roles. This is shown in the movie â€Å"Black Swan† in which the main character wants the lead role, but needs to lose twenty pounds in order to be considered for the part. This is very detrimental to the dancer’s health because this leads to anorexia and/or bulimia. In contrast, many dancers

Wednesday, December 18, 2019

Preventing Dwi s On Texas - 862 Words

Preventing Dwi s in Texas. Drinking and driving is a serious public safety with over two million crashes involving alcohol each year and a cost estimated by the National Highway Public Traffic Safety Administration to be $114 billion (Bertelli, Richardson,545) Impaired driving has become a major issue in Texas because of the misuse or abuse of alcohol. For Example, in 2012, there were 7,649 driving while intoxicated arrests in Bexar County. Then an additional 2,938 arrests in July and October of 2013. Drunk driving in Texas is problematic for the fact that Texas is the second largest State; as a result, it can cause vehicular deaths and impede traffic flow. Texas being the second largest state because of it s county and population. The Texas Department of Transportation wrote,about every twenty minutes someone is hurt or killed in a crash involving alcohol. Texas has become number one with the highest drinking while intoxicated issue. KHOU.com , a website devoted to informing Individuals on news,weather and entertainment recently showed a study that in 2011, Texas had 1,213 facilities involving impaired driving while other states including California and Florida were below 800. Texas having the most drinking while intoxicated issue is due to the fact that the more people there are the more roads that exists,the more driving incidents there will be. Texans tendency to drink and drive is because the punishment for drinking and driving is one of the lenience.

Tuesday, December 10, 2019

Australian Contract Law Effect of Pre Contract

Question: Describe about the Australian Contract Law for Effect of Pre Contract. Answer: Applicable law In Australia, a contract can only be formed when all the contract essentials are present in a particular situation. The main contract essentials are agreement, capacity of the parties, consideration and legal intention of the parties.[1] But, even when a valid contract is made, still, the said contract can later be rescinded by the parties provided such contract is suffered from any kind of misrepresentation or unconscious able conduct. Thus, in order to deal with all the issues that are raised above there are few contracting law provisions which are important to understand? Now, whenever a contract is to be made, it is necessary that there must be the formation of a valid agreement. A valid agreement can only be made when an offer is supported by an acceptance.[2] An offer is a contract element which is made by an offeror. When a communication is made by an offeror to an offeree through whom an offeror specifies his intention to do or not to do any tasks and expects to get the approval from such an offeree then an offer is made and is held in MacRobertson Miller Airline Services v Commissioner of State Taxation (WA)(1975). Also, when an offer is made then it is very important that such an offer should be made to an offeree and must reach an offeree. If there is no communication of an offer, then, such an offer is invalid in law. an offer can be made orally or in written form.[3] An offer can be made to any particular person or to the world at large. But, when instead of making an offer, the person wishes to receive an offer from the public then the same is called invitation to treat and is held in Pharmaceutical Society v Boots Chemists (1953). An invitation to treat can be made by various modes, such as, advertisement, auctions, tenders, etc,. When an invitation to treat is made then the public has an option to make an offer to the person who has made an invitation Carlill v Carbolic Smokeball Co (1893). The public is treated as an offeror and the inviter reacts like an offeree.[4] When an offer is made as per the principle laid down in law and is valid, then, it is necessary that such an offer must be approved by an offeree. Such an approval is called acceptance and is held in Crown v Clarke (1927). An acceptance is said to be valid when the same is made by an offeree and reciprocates to the terms of an offer. If any changes are made to the terms of the offer, then, such approval is not acceptance and is called counter offer and is held in Hyde v Wrench (1840). When a counter offer is made then the offer so made by an offeror is cancelled and thus resulting in no acceptance.[5] When both offer and acceptance is made by the parties, then there is a valid agreement that is made amid the parties. In Australia, a verbal agreement, when a verbal offer is made by an offeror which is verbally accepted by an offeree is valid and has full sanctity like a written agreement.[6] Further, an agreement requires consideration, capacity and legal intention to convert it into and contract. Consideration is the next essential which is required in the formation of a valid contract. A consideration is something of value which is exchanged amid the parties in order to support the promises which are made amid them (Coulls v Bagots Executor Trustee Co Ltd (1967). A consideration is needed not to be absolute but the same must be sufficient in order to support the agreement (Biotechnology Australia Pty Ltd v Pace (1988))[7]. Consideration can be in the form of money or in kind but must have value in the eyes of law (White v. Elmdene Estates (1959)).[8] Lastly, the parties must have attained the requisite age and are of sound mind in order to make a valid contract. Also, the intention of the parties should be legal in order to make a valid contract. If the parties do not intent to abide by the contract then there is lack of legal intention and the contract is not valid in law. When all the contract essentials are present then a valid contract is made amid the parties. However, even when a valid contract is made, still, there are situations that exists under which if any contract is suffered from any misrepresentation or deception, then, such contract can be rescinded by the party who has been misrepresented or mislead. In the law of contract, when one party has made a statement of fact which is false in nature and such statement has induced the relying party to enter into a contract with the party who has made the statement then it is an act of misrepresentation (MWH Australia Pty Ltd v Wynton Stone Australia Pty Ltd (in liq) (2010)). Misrepresentations are of various kinds. Such as:[9] Innocent misrepresentation when the misrepresentation is made innocently by the party not knowing the defect in the goods and believes that his statement is true then such kind of misrepresentation is innocent in nature There are no damages that can be claimed by the aggrieved party; however, the party has option to cancel the contract provided the parties can be restored to their pre-contractual positions. Negligent misrepresentation when the representing party ahs made the statement negligently, that is, he owns a duty to make a true statement and knows that his mis-statement may cause damage to the representing party and he does make an untrue statement negligently, then, the representing party is negligent in his acts ((Hedley Byrne Co Ltd v Heller Partners Ltd (1964). In such conditions, the aggrieved party can claim damages from the defaulting party and can cancel the contract. Fraudulent misrepresentation when the representing party has made the statement recklessly then a fraudulent statement is made (Derry v Peek (1889). In such situations, the contract can be cancelled and damages can be sought. Further, some of the provisions of the schedule 2 of the Competition and Consumer Act 2010 (Australian Consumer Law (ACL)) are necessary to be evaluating to resolve the issues. As per section 18 of ACL, submits that no person who is acting in commerce/trade should act in a manner that is deceptive or misleading or likely to do the same.[10] Further section 29 of ACL submits that no person in commerce/trade should act in a manner or make any misleading/false representation, that the gods so supplied is of any specific quality or standard or grade or value or style or composition or model or have a specific historical background or are novel or are of a particular place of origin, etc . Any violation of section 2 will impose peculiarly penalty.[11] Section 36 (1) of the ACL specifically submits that no person in commerce/trade should accept payment or any other form of consideration if such person intends to not to supply the goods so offered. Also, as per section 2, a person should not accept the payment or other form of consideration if the acceptor intents to supply the goods which are materially different from what is offered. Violation of sub section 1 and sub section 2 will impose pecuniary penalty on the violator. Further, as per section 20 of the ACL, a person in commerce/trade should not engage in any kind of unconscionable activity or actions. A conduct is considered to be unconscionable when the same is oppressive or harsh in nature. An unconscionable conduct is not simply unfair but it is more than that. When the actions which are made deliberately and which are conducts which are simply unreasonable and unfair then such kinds of conduct are considered as unconscionable conduct. As per section 21 of ACL, there are various instances which can be considered as unconscionable, such as, the bargaining powers of the parties, the pressure or undue influence used by the stronger party upon the weaker party, the degree with which the parties have acted in good faith, etc[12]. If a person is found to be engaged in an unconscionable conduct, then, such defaulter can be imposed with damages, compensation, penalties, refund of payment, the contract can be cancelled or varied or specific performance can be sought by the aggrieved party. Application of law Now the law is applied to the facts of the case. Contract amid Garry and Fred As per the facts, Garry has made a verbal offer to Fred and offered Fred 50 Genuine Armani Coats made in Italy @$10,000. In exchange of the coat, Gary wants cash or the equivalent. Now, in contract law, an offer can be made orally or in written form. Since, Garry has made an oral offer then such an offer is also valid in law. An offer is made by Garry to Fred who is duly accepted by Fred in exarches of @$10,000 cash or equivalent. Since offer and acceptance are made thus there is a valid agreement amid the two. But, to convert such an agreement into contract it is necessary that the same must be supported by valid consideration. Since Fred does not have @$10,000 cash so he gave Garry gold bullion as full and final payments for the coat. The gold bullion was given to him by Pete in exchange of Kia car which was worth $18,000. The gold bullion was later found to be a painted iron. Garry weight the bar and accepts the same as he knows the value of gold. Now, since against the Armani coats, Garry desired to have cash or something equivalent, thus, the gold bullion can be considered as a valid consideration in exchange of coats offered by Garry. Also, both Garry and Fred are legally capable and intent to abide by their mutual promises, so there is a valid contract amid the two. However, the gold bullion that was supplied to Fred by Pete was a painted iron. However, Fred was not aware of the same and the gold bullion was supplied by him in good faith. So there was no misrepresentation or unconscionable conduct which was undertaken by Fred in order to lure Garry. However, Garry while selling the Armani coats to Fred has represented a fact that the coats so supplied are GENUINE ARMANI Coats. However, later it was found that the coat were not genuine, rather, the same was tagged as Georgy Armani-made in Italy Venezuela. Hence, a misrepresentation was made by Garry which was false and which was made to induce Fred to establish a contractual relationship with him. So Garry has violated a common law principle and section 18 of ACL and is thus liable under law. Also, an unconscionable conduct was undertaken by Garry as Fred was dealing with him in good faith and Garry took advantage of his bargaining powers to cheat upon Fred. So there is a clear violation of section 20 of ACL. Also, the goods so supplied by Garry to Fred were of not the same quality that was offered by him and he accepted the payment for goods which he never intended to supply. Thus, there is a clear violation of section 29 and section 36 of ACL. So, in these circumstances, Fred has every right to cancel the contract with Garry and return the coats to him and claim refund and compensation and damages. Contract amid Fred and Pete As per the facts, since Fred does not have money to pay Garry so, he offered Pete his Kia car @ $ 10,000, the actual worth of which is $18,000. Pete is willing to buy the car but in exchange of car Pete wishes to pay in gold bullion. Fred agrees to the same and gave his car in exchange of gold bullion. Thus, a valid offer of a Kia car was made by Fred who was duly accepted by Pete and in exchange of golf bullion. Hence, a valid offer was accepted against a valid consideration by capable parties with legal intention. Thus, there is a valid contract that is made amid the parties. However, the gold bullion which was provided by Pete in exchange of gold bullion was turned out to be a painted iron. In such scenario, Pete is in clear voi8lation of section 18 of ACL as he misrepresented a statement of fact, that is that the bar is a gold bullion and induced Fred to make a contract with him. Also, the good which is offered by Pete is not of the same quality and characteristics that was presented by Pete, thus, there is violation of section 29 of the ACL. Also, Pete has acted unconsciously as he holds an advantageous position (both are friends and holds a relationship of trust) and thus has violated section 20 of ACL. In such scenario, Fred has every right to cancel the contract with Pete and can claim his car back from him. Contract amid Fred and Tommy As per facts, Fred advertises for the sale of the coats as Genuine Famous Name Jackets for less than cost. Tommy after viewing the advertisement and after carefully examining the fabric considers it to be good wool. He buys the whole stock from Fred @ $25,000. He gives a deposit @ $1,000 and leaves his $10,000 watch as security. Now, Fred has published an advertisement which is an invitation to treat. Tommy has made an offer which was accepted by Fred against a token money and deposit. Since the consideration though not adequate but sufficient hence there is a valid contract between the two. So, Tommy cannot rescind the deal later. However, later when Tommy decided to sell the garments, it was found that the garments were not Famous Name Italian Jackets at half Price @ $500 each Tommy but was actually a Georgy Armani-made in Italy Venezuela. In such scenario, the goods which were supplied by Fred were not of the same quality as declared by him but the declaring was made innocently. There was no misrepresentation or unconscionable conduct by Fred. So, Tommy can only seek damages from Fred Conclusion Thus after understating the law and after applying the same on the given facts and circumstances, it is submitted that Fred had every right to cancel the contract with Garry as the same is suffered by misrepresentation and unconscionable conduct. Also, Pete has acted in violation of section 18, 20, 2 of ACL and thus Fred can claim his car back. Since, Garry has himself has acted not in good faith, so, no claim can be brought by him against Fred and Pete. Lastly, since there was no misrepresentation or unconscionable conduct by Fred, so only damages can be claimed by Tommy. Reference List ACCC. (2016) unconscionable conduct https://www.accc.gov.au/business/anti-competitive-behaviour/unconscionable-conduct. Accessed on 26th August 2016. Barton P. (2013). THE EFFECT OF PRE-CONTRACTUAL REPRESENTATIONS Presented on 6 March 2013 at Legalwise Contract Risk Management Seminar Melbourne https://www.foleys.com.au/resources/2Paper%20-%20Barton.pdf. Accessed on 24th August 2016. Biotechnology Australia Pty Ltd v Pace (1988) Clark J. (2012). Australian Contract law- Formation https://www.australiancontractlaw.com/law/formation-agreement.html. Accessed on 24th August 2016. Clark J. (2016). Australian Contract Law. https://www.australiancontractlaw.com/legislation/cthacl.html. Accessed on 26th August 2016. Clark J. (2015). Consideration https://www.australiancontractlaw.com/law/formation-consideration.html. Accessed on 24th August 2016. Carlill v Carbolic Smokeball Co (1893) Coulls v Bagots Executor Trustee Co Ltd (1967) Crown v Clarke (1927). Derry v Peek (1889). Find Law. (2016). Is a verbal agreement legally binding? https://www.findlaw.com.au/articles/5626/is-a-verbal-agreement-legally-binding.aspx. Accessed on 24th August 2016. Hedley Byrne Co Ltd v Heller Partners Ltd (1964). Hyde v Wrench (1840). Latimer P. (2012). Australian Business Law 2012, CCH Australia Limited, 2012. MacRobertson Miller Airline Services v Commissioner of State Taxation (WA)(1975) Moles R. (1998). Contract Law Lecture - Formation of Contract - Offer and Acceptance https://netk.net.au/Contract/02Formation.asp. Accessed on 24th August 2016. MWH Australia Pty Ltd v Wynton Stone Australia Pty Ltd (in liq) (2010). Pharmaceutical Society v Boots Chemists (1953). The Law Hand Book. (2016). Element of a contract https://www.lawhandbook.org.au/07_01_02_elements_of_a_contract/. Accessed on 24th August 2016. The Law Teacher. (2016). cases, https://www.lawteacher.net/cases/contract-law/agreement-cases.php . Accessed on 24th August 2016. White v. Elmdene Estates (1959).

Tuesday, December 3, 2019

Security On The Web Essays - Cybercrime, Computer Network Security

Security On The Web Security On The Web How do you secure something that is changing faster than you can fix it? The Internet has had security problems since it's earliest days as a pure research project. Today, after several years and orders of magnitude of growth, it still has security problems. The Internet is being used for a purpose for which it had never intended to be used for. It is somewhat ironic that the early Internet was design as a prototype for a high-availability command and control network that could resist outages resulting from an enemy attack, yet it cannot resist college undergraduates. The problem is that the attackers are on, and make up apart of, the network they are attacking. Designing a system that is capable of resisting attack from within, while still growing and evolving at a rapid pace, is probably impossible. Deep infrastructure changes are needed, and once you have achieved a certain amount of size, the sheer inertia of the installed base may make it impossible to apply fixes. The challenge for the security industry is growing. With the electronic commerce spreading over the Internet, there are new issues being developed everyday such as non-repudiation that will need to be solved. Financial institutions will have both technical concerns, such as the security of a credit card number or banking information, and legal concerns for holding individuals responsible for their actions such as their purchases or sales over the Internet. Issuance and management of encryption keys for millions of users will pose a new type of challenge. While some technologies have been developed, only an industry-wide effort and cooperation can minimize risks and ensure privacy for users, data confidentiality for the financial institutions, and non-repudiation for electronic commerce. With the continuing growth in linking individuals and businesses over the Internet, some social issues are starting to surface. The society may take time in adapting to the new concept of transacting business over the Internet. Consumers may take time to trust the network and accept it as a substitute for transacting business in person. Another class of concerns relates to restricting access over the Internet. Preventing distribution of pornography and other objectionable material over the Internet has already been in the news. We can expect new social hurdles over time and hope the great benefits of the Internet will continue to override these hurdles through new technologies and legislations. The World Wide Web is the single largest, most ubiquitous source of information in the world, and it sprang up spontaneously. People use interactive Web pages to obtain stock quotes, receive tax information from the Internal Revenue Service, check the local weather, consult a pregnancy planner to determine ovulation dates, conduct election polls, register for a conference, search for old friends, and the list goes on. It is only natural that the Web's functionality, popularity, and ubiquity have made it the seemingly ideal platform for conducting electronic commerce. People can now go online to buy CDs, clothing, concert tickets, and stocks. Several companies, such as Digicash, Cybercash, CarParts.com, and First Virtual, have sprung up to provide mechanisms for conducting business on the Web. The savings in cost and the convenience of shopping via the Web are immeasurable. Where as most successful computer systems resulted from careful, methodical planning, followed by hard work, the Web took on a life of its own from the very beginning. The introduction of a common protocol and a friendly graphical user interface was all that was needed to ignite the Internet explosion. The Web's virtues are extolled without end, but its rapid growth and universal adoption have not been without cost. In particular, security was added as an afterthought. New capabilities were added to satisfy the growing demand for features without carefully considering the impact on security. As a general-purpose, scripts were introduced on both the client and the server sides of the Web. It did not take long for the Web to move from the scientific community to the commercial world. For then the dangers of accidental and malicious abuse grew. At this point, the security threats became much more serious. The incentive for malicious attackers to exploit vulnerabilities in the underlying technologies is at an all-time high. This is indeed frightening when we consider what attackers of computer systems have accomplished when their only incentive was fun and personal enjoyment while boosting their egos. When business and profit are at stake, we cannot assume anything less than the most dedicated and resourceful attackers typing their utmost will and determination to steal, cheat, and perform mischievous attacks against their pray (users of