Market Research Report on Packaged Fruit Juices & Drinks in India Essay

Fruit beverages in India have come a long way since their first forms to find their permanent place in Indian households. Today you will find yourself bewildered with the choices available if you wish to drink a fruit beverage. Innumerable and eclectic flavors combined with several variants (juices, drinks or nectars), is a testament to the fruit beverage industry transformation. In the view of the rising future potential of the industry, Niir Project Consultancy Services has released a new research report titled â€Å"Market Research Report on Packaged Fruit Juices & Drinks in India (Present & Future Potential, Market Insights, Growth Drivers, Opportunities, Industry Size, Porter’s 5 Forces, Demand Analysis & Forecasts upto 2017)†. The report aims at providing a thorough understanding and analysis of the industry by deeply exploring the present status as well as the future prospects of the fruit beverage sector in India in the wake of evolving market dynamics. The report establishes the study by covering data points like growth drivers for the industry, opportunities, present scenario, demand supply estimation & analysis, porters 5 force analysis and key player information. The report begins with a brief on global status of the fruit beverage industry and then shares information on the current status of the industry on the domestic front. The report discusses the overview of the sector along with its classification and structure and then further proceeds to analyze the growth drivers and opportunities for the industry. Rising per capita incomes of the Indians, bulging middle class, surging modern trade and growing urbanization will be the macro economic factors that will contribute to its growth. Escalating health consciousness among Indians has lured them towards fruit beverages and the players have left no stone unturned in capturing this sudden rush of demand. Although the fruit beverage industry is dominated by the loose beverage segment, the share of packaged fruit beverages is gradually rising and eating away the other share. The report then discusses the demand-supply scenario of packaged fruit beverages in India by analyzing various aspects. The demand for packaged fruit beverages is captured by studying the consumption volumes and the industry revenues while the supply side involves scrutiny of estimated fruit processing units in the country along with the fruit production statistics of India. The data discussed above is supported by graphical representations wherever necessary along with the key forecasts. Moving forward, the report analyzes the attractiveness of the sector by evaluating the status of porters 5 forces prevalent in the sector. The sector is said to be most attractive when the 5 forces are their weakest and the report explicates the forces methodically to simplify the analysis. For more information kindly visit: http://www. marketreportsonindia. com/food-beverages-market-research-reports-11581/market-research-report-packaged-fruit-juices-drinks-india. html Related Links: http://www. marketreportsonindia. com/market-research-report/food-beverages. html About MarketReportsonIndia Market Report on India is a portal where you can access thousands of reports on India startingfrom Aeronautics to Zinc (A-Z). We provide you with reports which will help you gain a better understanding of the Sectors, Companies, New Products and Latest trends. Contact Us Market Reports on India Contact No: India: +91. 22. 27810772, 27810773 Toll Free US: 1-866-279-8368 mail: info@marketreportsonindia. com Website: http://www. marketreportsonindia. com Twitter: https://twitter. com/ReportsonIndia.

Beowulf and The Modern Day Hero Essay

A hero does something for the greater good of world. A hero is brave and weather in any state of affairs. Beowulf and Irena Sendler a societal worker who smuggled over 2. 500 Judaic out of injuries manner put their lives on the line to protect their world. While each warriors have their differences both believe in bravery and triumphing over evil. In his concluding conflict Beowulf goes up against a firedrake that take a whole ground forces to get the better of. Caught up in his brave high Beowulf does non recognize the effort that lies in front of him. Beowulf describes. â€Å"scant respect for the firedrake as a menace. no apprehension at all of its bravery or strength. for he kept traveling frequently in the past† ( 2348-2351 ) . Beowulf is caught up in his past glorifications blinding him from the realization of how unsafe the firedrake is. Bing brave agencies one knows their bounds. Irena Sendler knew that she could non move entirely in delivering over 2. 500 guiltless ki ds. Ambulance drivers would transport kids under the floor boards while constabulary officers would be bribed to let traffic through an belowground corridor. Unlike Beowulf Irena knew that she needed aid to mouse past the elephantine Nazi government to deliver 1000s of Judaic kids. is non caught up in being labeled as a hero for put on the lining her life to salvage over 2. 500 guiltless kids. Beowulf provinces. â€Å"I have wrestled the hilt from the enemies’ manus. avenged the evil done to the Danes ; it is what was due† ( 1668-1670 ) Beowulf battles for justness and to revenge those who have done incorrect. By contending for your beliefs Beowulf shows that you can non terrorise without reverberations. In 1943 the Nazi party commenced a settlement of the Warsaw ghetto. Irena believes. â€Å"Every kid saved with my aid and the aid of all the fantastic secret couriers. who today are no longer populating. is the justification of my being on this Earth. and non a rubric to glorification. † Irena did non desire the rubric of glorification she merely fought for her beliefs in a non-violent mode. Unlike Beowulf she did non necessitate to travel out and revenge the Nazis for their despicable Acts of the Apostless towards humanity. A hero is brave and will set their lives on the line to protect world. Beowulf and a Irena are brave no affair how dashing each of their undertakings were. A hero stands up for the greater good of people when he witnesses mankind being threatened. While a hero comes in all different ways both possess the same qualities. MLA Format HEVESI. DENNIS. â€Å"Irena Sendler. Lifeline to Young Jews. Is Dead at 98. † Nytimes. com. Nytimes. com. 13 May 2008. Web.

18th Century Spanish America and Race

18th Century Spanish America and Race Assess the role of the State of Spanish America in the formation of ideas about human differences prior to the 18th century. The formation of ideas about human difference has been contingent upon both fluid and persistent socio-political, historical and economic forces since globalisation arguably began with the age of discovery in the 1400’s, arguably spear-headed by the Spanish empire. This is perhaps most perceptible in the key signifiers of human social distinction. Concepts such as ‘race’ and ‘ethnicity’ appear to be static, objective human categorisations; yet, when subjected to a process of historical and geo-political scrutiny, each proves to be a subjective and poignant signifier, even a product of a process of social and historical construction and part of the production of knowledge. [1] The historical phenomenon of the Spanish State serves as an exemplar to demonstrate a convergence of ideological paradigms which shaped notions of human difference, underscoring this central contention that ideas of human difference are generated within a specific historical milieu, often involving the confrontation of two or more ethno-cultural groups. It is crucial to acknowledge that Spain’s dominance of Africa from the 15 th century and parallel conquest of Latin America was enacted with the conscious and unconscious appropriation of Eurocentric ideals which emphasised European supremacy and assumed European cultural, theological and economic superiority over Amerindians. The seeds of such national superiority have been traced to Biblical delineations of difference, [2] with its demarcation of blessed and cursed progeny, reinforced historically by medieval theological thought which associated blackness with the devil and sin, while whiteness was aligned with purity and righteousness. The widely accepted European medieval theory of ‘monogenism’, derived from the Biblical teaching of a common ancestry and fam ily tree concept of origins, gave impetus to the Spanish State’s self identity. [3] This widely accepted view within medieval Europe has been largely discredited in more recent centuries, dismissing the notion of a common human genesis. [4] The Iberian Peninsula had left a potent legacy and precedent at the conclusion of the medieval period, with Spain’s stark delineation and unyielding destruction of human difference. The pronounced ethnic diversity on the peninsula in the form of Jewish and Muslim migrants from throughout Europe, the Middle East and Northern Africa, exacted a Spanish definition which underlined difference rather than similarity, and in fixating upon difference, brought the reflex action of the decimation of such diversity, through a systematic, historic and prolonged practice of massacre, segregation, conversion, inquisition and expulsion. [5] Such unenlightened, barbaric and medieval practices, one may argue, left their mark on the Spanish psyche, readily appropriated by the American Spanish state, as it imported and imposed its imperialistic, paternalistic and sanctimonious practices, upon a rich diversity of Amerindian ethnic societies. This precursor to the Spanish American state illuminates the historical consciousness of the earlier Spanish rule in Europe, revealing the cultural hegemonic assumptions and practices the Spanish state appropriated from its 14 th and 15 th century European roots. [6] The early 20 th century pejorative branding of pre-eighteenth century Spain as the ‘black legend’ evokes â€Å"Spain’s colonial brutality in the Americas during the sixteenth and seventeenth centuries.† [7] Ironically, Spain drew condemnation from other European nations for such action, deemed to be an ignorant, superstitious and fanatical nation, incapable of entering modernity. [8] Spain’s European condemners had been equally culpable in sub-Saharan Africa, in stimulating the African sl ave trade. By casting Spain as the antithetical demon, England, France and northern Europe masked their own international sins in the process. This brief observation illustrates one process that shaped human ideas about human difference, namely, intra-cultural ignorance and an insular societal gaze which repeatedly reinforced the values, practices and beliefs of Spain’s own cultural epicentre, and in the process, defined other ethnicities by their differences and their otherness. Moreover, the Spanish American state constructed a false social hierarchy based upon religious assumptions which condemned humans living a more unencumbered and simple existence initially beyond the grasp of modern commerce and technological innovation.

Prohibition of Alcohol Research Paper Example | Topics and Well Written Essays - 1000 words

Prohibition of Alcohol - Research Paper Example Along with taste, the level of intoxication associated with the alcoholic drinks and the relaxation that a person gets by using alcohol are some other factors why people become addicted to use of such drinks. Another fact regarding use of alcohol is that it makes a person come out of depression and boredom for the time being. Social influence is another major factor behind increase in the use of alcoholic drinks in most parts of the world. If we talk about the United States of America, use of alcoholic drinks is not considered an unusual thing in the American society. People serve such drinks in parties, in functions, and in different ceremonies. The legal age for drinking, buying, and selling alcoholic drinks in the United States is over twenty-one years. An adult in the United States can vote at the age of eighteen but cannot drink before reaching the age of twenty-one (Peck 5). Excessive use of alcohol is very harmful not only for the health and mind of the person who takes such d rinks but also for the whole community because a person taking excessive alcohol has less control over mind which can make him/her harm other people physically. This is the reason why use of alcohol is banned in many parts of the world. ... However, the age restriction is not enough to reduce the number of harms associated with the consumption of alcohol. The government needs to prohibit large-scale consumption of alcohol in order to make the lives of people safe and secure. Alcohol Prohibition in the United States (1920-1933) From 1920 to 1933, alcohol was completely banned in the United States of America. The intention of the government of that time was to eliminate all businesses related to alcohol manufacturing in order to keep people away from the use of alcoholic products. American people initially welcomed the alcohol prohibition, but with the passage of time, the acceptance of prohibition turned into rejection by the people. â€Å"The period began in 1920 with general acceptance by the public and ended in 1933 as the result of the public’s annoyance of the law and the ever-increasing enforcement nightmare† (Graham). There were different factors, which led the government’s way towards putting ban on alcohol consumption. Some of the most influencing factors include temperance movements lead by religious denominations, campaign led by woman’s Christian Temperance Union and Anti-Saloon League, implementation of local alcohol prohibition laws by different states and countries throughout America, the 18th amendment, and the Volstead Act. The temperance movements were the most influencing factors behind alcohol prohibition. â€Å"The Temperance movement blamed alcohol for many of society's ills, especially crime and murder† (Rosenberg). The temperance movement gained momentum with every passing day and by 1916, almost half of the states belonging to the United States prohibited the use of alcohol in those

Brand equity for Sandro Speech or Presentation Example | Topics and Well Written Essays - 500 words

Brand equity for Sandro - Speech or Presentation Example In which case, the brand should make use of effortless style with both ranges of men and women across all the ages (Burger, 2012, 35). For brand meaning, it is wholly inspired by French design and usually sought by women in their 30’s. In order to maintain and improve its customer base, the brand has ensured strong customer relationships through conducting client data collection about how their response to the product. Through the help of brand equity, the company compliments its brand’s imagery by improving its commitment to social causes such as introducingâ€Å"reduce, reuse, recycle†. This triggers customers to feel good while purchasing the product. Further, brand performance demonstrates its reliability and durability; people know that their products are well designed and stylish, and that they wont let them down. In terms of brand response, Sandro makes use of high quality materials, to satisfy their clients, obtained from France thereby reflecting modern fashion (Kapferer, 2012, 5). This has helped in evoking feelings directly in the customers because of the expertise associated with the contemporary fashion. According to the nature of the brand, trendy people known to be fast fashion follower are strongly attracted to the fashion created by the brand. Consequently, this has evoked loyalty given that the customers can identify the brand according to their unique needs. Apart from the trendy people, fun loving people who have a sense of achievement and self-respect visualize credibility and superiority of the brand (Kapferer, 2000, 45). This is because, the modernity evident in the brand allows the customers to express themselves in a fashionable way. The superiority arises given that the competitors have not been able to evoke the same feeling on the customers. One of Sandro assets, towards ensuring brand resonance, is strong online presence that ensures that there is 24-hour connection with the clients. This has helped the brand in

Research Topics in Insurance Paper Example | Topics and Well Written Essays - 500 words

Topics in Insurance - Research Paper Example At the same time, it can also cover those who are bellow this specified age, but have special needs- the disabled or those suffering from the end stage renal disease. Under this scheme, one is eligible to be covered for the hospital bills under the umbrella of category ‘A’ at the same time, one can enjoy insurance coverage under part ‘B’ or be covered for the prescription of drugs under the scheme’s part ‘B’ This scheme however differs from the Medicaid programme because it mainly focuses on the elderly people at the age of 65 years and above. On the other hand, the Medicaid programme is open to any person in any age group. Similarly, the Medicare scheme solely relies on the federal government for funds while the Medicaid does not entirely depend on the federal government for funding. Part of its budget is footed by the respective semi- autonomous state governments. Medicaid insurance on the other hand relies on the federal government to offer health coverage or to provide home nursing for a specified category of people in the United States of America (US General Accountability Office, 2000). Such categories of people eligible for coverage under this noble programme are the low income earning people in the American society. They include the children, parents of eligible children, the elderly, pregnant women and the disabled who may be in a dire need for home nursing. Ideally, this programme was designed to help the categories of people to afford medical bills under the Medicaid programme, an eligible person is entitled to be wholly or partly be assisted to settle their medical bills. Generally, there are two distinct types of Medicaid- Community Medicaid and the Medicaid nursing. Community Medicaid in its part was designed to assist people who a little or no medical insurance schemes at all. However, medical nursing home scheme on the other hand, is meant for

Older Vs Younger generations taste in Furniture - IKEA in Thailand Essay

Older Vs Younger generations taste in Furniture - IKEA in Thailand - Essay Example From the tabular illustration, one can easily discuss the comparative elements in terms of characteristics of both the older and younger generation; as well as the factors that influence their decision-making purchase for furniture. It can be deduced that people from the older generation are have predominantly conservative and traditional tastes due to the values handed down to them by their predecessors. Also, since their orientations come from traditional furniture styles, their options are limited making them narrow-minded and confined to select those furniture styles and pieces that they are familiar with. Trying new and innovative styles are out of the question and not a possible option for older generation. In contrast, younger generation are more open to try new things due to the exposure and orientation to different cultures and the extent of knowledge and information gained from diverse sources. Because of these, people from the younger generation are more flexible, innovative and are always embracing of new styles and options. As for the comparative details on factors affecting the older versus the younger generation, it is apparent that they are practically contrasting in terms of style, decoration and color, among others. However, they are similar when it comes to purchasing furniture depending on their capacity to pay or their income level. For example, whether they are old or young, the choice of furniture sometimes significantly depends on how much budget one has allotted to spend for the furniture. Other factors such as design, style and color are secondary. This is also true especially when buyers come from rural areas where people have limited income compared of people coming from urban areas (regardless of whether they are from older or younger generation). Another similarity is eminent in terms of

Livingstone, Sauer and French Regional Geography Essay

Livingstone, Sauer and French Regional Geography - Essay Example Livingstone, initially a missionary, explored Africa during the new imperial age of exploration opening new paths for European ideals. Coming into close contact with Africa’s slave trade, he intended to replace the slave trade with Christianity and commerce as carriers of the â€Å"civilization† he felt Africa needed, but he was not successful as a missionary and made numerous geographical errors (Sykes 1996). His miscalculations nearly sacrificed his Zambezi expedition and he thought he had found the source of the Nile only to realize later that it was the upper Congo (Sykes 1996). Sauer is considered one of the founding fathers of American geography marking the initial separation of physical geography from human or cultural geography. His predominant concern was the relationship between people and their environment and he stressed the importance of anthropology. Coming from a scientific background, his purpose was a scientific observation of other traditions and religions. In his presidential address delivered to the Association of American Geographers in 1940, Sauer explains his academic three-point underpinning to the study of geography including the studies of the history of geography, physical geography, and anthropology (Sauer 1997). The main difference between Livingstone and Sauer can be found in anthropology, which stresses the importance of avoiding ethnocentricity. Livingstone, an example of the contrary, considered the Africans â€Å"wild† and described them as â€Å"humans of a lower form† (Crawfurd 2005). Sauer was a follower of human geography feeling â€Å"human geography... is a science that has nothing to do with individuals but only with human institutions, or cultures† (Sauer 1997) and remained interested in how the environment is managed. â€Å"The design of science that Montesquieu, Herder, and Buckle forecast, failed because we know that natural law does not apply to social groups †¦ We have come to know that environment is a term of cultural appraisal which is itself a ‘value’ in cultural history† (Sauer 1997).

Contract and procurement Essay Example | Topics and Well Written Essays - 11500 words

Contract and procurement - Essay Example The contractor is to carry out the work diligently without breaking any items or facilities of the company. The facilities are then neatly arranged in Site B just the same way they were in Site A. given Site A had a 1000 square meters of office space and Site B is 1600 square meters of office space, the facilities should be adjusted to fit the stated space.Location of work  The whole contract will be performed within the two premises. There will be a physical movement from Site A to Site B. however, the meeting with the contractor will take place in Site A where headquarter was initially based. This is where the signing of the contract will take place. The physical location of Site B is situated four kilometers from Site A, so the distance to be covered while moving the facilities will be considered in the contract.Period of performance  The contract will have to be performed within a specified time. As a company, we need a fast relocation of within two weeks inclusive of the pla nning of activities and executing them. Daily work will start from 8am in the morning and ends at 4pm in the evening in order to allow for preparation for the next day’s work and also to avoid loss of items of the company. In practice, there will only be 8 working hours allowed in a day for the contract. The billing will also be done based on the number of hours worked in a day. Any other activity scheduled will have to be performed within the working hours allocated.The company expects a relocation service to be performed by the contractor. Generally, we expect the whole headquarter moved to Site B. some of the particulars to be moved include: the 15 desks in the current company; three sofas, three coffee tables, ten arm chairs; 15 computers; between 120 to 160 cardboard boxes; and 34 framed pictures. Every company item should be moved at intervals beginning with desks, computers, cardboard boxes, and framed pictures. The time allowable has been stated above.

Analysis of “The Story of an Hour” by Kate Chopin Essay Example for Free

Analysis of â€Å"The Story of an Hour† by Kate Chopin Essay The short story â€Å"The Story of an Hour† was written by Kate Chopin and first appeared in 1984. It tells about the ‘one hour’ brief story of the main protagonist, Louise Mallard, and her reaction upon hearing the news of her husband’s death by a car accident. And because she had a heart problem, her sister Josephine and her husband’s friend Richards decided to break to her the news as gently as possible. Not long after the supposedly bad news was revealed, Brently, Louise’s husband, suddenly comes home alive disproving the former, causing death to her by heart attack. Majority of the story’s progression revolve around Louise’s reaction upon hearing the news about her husband’s death (Brian, 2001). The scenes where Louise isolate herself in her room and savor her new-found freedom add up to the hanging idea of the real reason behind her death. It seems that the author actually give two possible emotional state to answer the underlying question of Louise’s joyful death: one is that she has become too overwhelmed to see her husband alive in contrary to the news about his involvement in a recent car accident and the other one is that she is saddened by the realization of the freedom that she thought she will have after hearing her husband’s loss is completely taken away from her again. Contrasting Representations Suprisingly, the short-story is written in complete contrasts of the main theme. First of these contrasting representations within the story is Louise’s reaction upon hearing the news. The news about her husband’s death should bring her agony and tears but instead; she sits calmly â€Å"facing the open window, a comfortable, roomy armchair. † Here we see a strange approach to the situation with the word â€Å"comfortable† being used to modify the chair near the window. Louise, a new widow herself, must not see the chair as â€Å"comfortable† as it seems just right after hearing the unbearable news of her husband’s death. Added to this, the scene outside the window also symbolizes something in contrast to the story’s progression. The spring day from the view outside her window shows a contrasting image to the situation she has. The spring is a symbol of â€Å"rebirth† or â€Å"new life† thus the spring prognosticates Louise’s new life after Brently’s death. Another interesting symbol in the story is the description of the view laid upon Louise’s eyes as she sits near the window: â€Å"The delicious breath of rain was in the air. In the street below a peddler was crying his wares. The notes of a distant song which some one was singing reached her faintly, and countless sparrows were twittering in the eaves† (Brian, 2001). For the readers, the description made by Louise about the view she was seeing clouds what her true emotions were at that moment. It seemed that as she isolated herself in a room, she completely disregarded the news of her husband’s death. These representations had become tricky in contrasting the main theme the story supposes to have or tell. Kate Chopin’s idea of a Joyful Death: Appearance versus Conflict What the readers may discover in reading this story is the possibility that there is an ironic truth behind the death of the main protagonist’s beloved. In the main setting of the story where Louis sits in a comfortable chair, she mouth over the words we never expect to read or hear from her. She seems to be happy rather than being sad about Brently’s loss with what the story emphasizes on her shouting â€Å"free, free, free! The freedom she pertains here signifies of her having the will to live a life all by herself, after her husband is gone. As she plays a youthful characteristic of a woman, it is a well played proof that she was indeed after the freedom, of doing what she want to do and make decisions for herself. With this fact, the story seems to have a conflict of its own: conflict between the ideas of appearance and reality. From the moment that the story emphasizes about Louise having her â€Å"freedom† at last, it could suggest the notion to the reader(s) that she is not saddened by the news. Unlike what she had shown in the central point of the story, Louise somehow is expected to grieve by the people around her, all having the idea that her marriage with Brently was a happy one. This is what her sister Josephine completely understood with her reaction as she misinterprets Louise’s behavior and thinking. She hysterically calls out her sister in the room, believing that Louise is heart-broken but in reality, Louise is more lightened up by the news. The doctors’ judgment about Louise’s death also deals with this conflict. For them, it seemed that Louise died after realizing that her husband is alive. This appearance of Louise’s happiness is more illustrated when they predicted that due to heart attack â€Å"of joy that kills† (Brians, 2001). Never did they think of the reality that she died because of another reason. That she dies because she was heart-broken to recognize the truth that she will not be able to gain her freedom as what she expected earlier. Role of Woman versus Man Another conflict in the story accentuates the role of woman versus man in the society. It is illustrated in the story that Louise is a submissive wife to Brently. But there is an internal struggle within her that tells that she was not happily married at all. As what Louise thinks, â€Å"What could love, the unsolved mystery, count for in face of this possession of self-assertion which she suddenly recognized as the strongest impulse of her being† justifies more to the idea that she, indeed, had loved Brently but more were the times she feel not. Maybe for Brently, Louise appeared to be happy with their relationship or he thinks and assumes that she is. Apparently, Louise wanted more the freedom she had felt for in that short while. After finding out the truth that she was not yet totally free, she had thought that only by death that she would took possession of it at last. There in death she would find peace and liberty. Ironically, Louise took the realization that her husband was alive and chose to die in able to attain the freedom she longed for. Character Analysis Chopin made her characters compliment along with the theme of the story. The main character, Louise plays a youthful wife who tends to have her freedom despite her marriage with Brently. Her youth marked up the end of her life and this irony of life, of choosing liberty by death, seemed to be one of the uncertain situations in the matter of choosing life over death. Brently, although his character is not discussed further on in the story, seemed to be playing a role of a husband who wants her wife under his control. Louise would never want liberation if he was a good man to her. His characteristic gives a deeper impact in the story, making Louise choose to die with freedom rather than living with him in a life full of despair. Josephine, Louise’s sister, was recognized here as a doting sister who takes care of her and all the matters that has a connection with her. Josephine, together with Richards, had taken care of gently telling to her the â€Å"death† of her husband Brently. She half-concealed the truth, in order for Louise to accept it without suffering her heart problem. Richards, Louise’s friend, is the one who brought the news to the house, he is responsible for assuring Brently’s death. As he rushes to tell the news to his friend, there is a suggestive truth that he was worried about what his friend’s reaction would be after hearing the news. If he had not rushed over to deliver the news, there is a possibility that Brently could arrive first in the house and justify that his name in the news is a big mistake, preventing Louise’s death and would have lived more. Apart from Brently, Richards is also responsible for the protagonist’s death. The story gives us the impression that not every death could bring grief to someone. It could be, in another way, a joyful event. Chopin had also brought about the issues of women and their role in the society. The story, written in the nineteenth-century, showed how women years back had no rights to be at their own will. Women then were still under the prying eyes of the society and men dominate over them. Chopin tackles a lot of moral issue within the story. Her story suggests that it would still be better if women of her own time maintain their roles in the society. In the nineteenth-century, men are expected to be superior over women and not the other way around, not what Louise wanted to be. Her insights within the story inspires us with the vision of what harmonious relationships are ought to be and the wide complexity in bearing the contrasting truth between appearance and reality. References: Brians, Paul. et al. Reading about the World. (Vol. 2) 3rd Edition. Texas: Harcourt Brace College, 2001.

About the Vacation

About the Vacation Why Beach Vacations Are Better Than Mountain Vacations Many people are always mesmerized by any upcoming vacations. Due to this, they make early plans on how to use their vacation time by choosing some of the areas where they can visit. There are always many places where many people can choose for their vacation period but most of them end up choosing the two most common places namely; the mountain and the beaches. Many people assert there is more fun in the beaches and mountains than when they visit other areas such as game parks, reserves and circuses. The two places are however very much different because they offer a variety of fun activities which are totally diverse .This essay is going to focus on the various factors which make people prefer to spend their vacations in the beaches rather than on the mountains and vice versa. Some of the factors to be considered will include the geographical location, climatic conditions and the fun activities of both the beach and the mountains. Based on climatic conditions, we are all aware that mountains are colder because of the higher altitude just as the adage goes that the higher you go the cooler it becomes. On the mountains you will find that the weather conditions change dramatically time after time (hourly). For example there can be a perfect clear sky at 12pm but after a few minutes a huge thunderstorm can come rolling. A few hours later may be at 3pm the temperatures can rise to extremely hot temperatures and then just after a few hours the temperature can drop to below the freezing point. Due to this sudden temperature changes, one has to have some layers of cover over the body so that they may not fall sick after the vacation. I think the changes in temperatures plays a very significant role in making people prefer their vacation in beaches than on the mountains. For example you will find that beaches are warm because the temperature are high or at the sea level compared to the low temperatures experienced on the mountains. Many beaches experience warm breezes from the sea compared to when in the mountains. Majority will choose beaches for their vacations because they only carry swimming costumes, a few clothes   and eatables but while going to the mountains one has to be well prepared (a packed lunch,  Ã‚   tinned water, heavy jackets because as the temperature changes one will require either the warm clothes or the temperature might rise thus make one very thirsty. Another factor is the geographical location of the beaches or mountains. Naturally, most of the mountains are found in the hilly or high altitude areas. As a result, it becomes difficult for many people to access them especially at the top because it requires a lot of courage, energy, food, and water areas for one to get at the mountain peak. This limits the number of tourists visiting these areas compared to the number of visitors in other places such as national parks, game reserves and beaches. Most of the mountains are also found in the forests or they can even be covered by a thick forest. It is natural for the wild animals to encroach areas which are covered by huge forest cover. This means that there might be conflict between people and the wild animals when people decide to have their vacation on the mountains. Again, some countries have very thick forest cover which sometimes catch fire on its own (forest fires). These fires also stretch to the mountains where these vacation s take place. We are all aware of the fact that many of the evil doers in the society especially armed gangs stay in the forest and even in the mountains. This means that it is risky for people to go to the mountains without the backing of the security. On the other hand many beaches are located at the lower altitudes or in almost flat grounds. This happens to be one of the reasons as to why many people will prefer to spend their vacations in the beaches rather than on the mountains. This is propelled by the fact that to access the mountain tops one will require a lot of energy due to the upward mobility but to access the beaches its easy and less energy will be used. Most of the beaches are not covered by forests and they are also located in very open places. This means that there is no habitation of the wild animals such as guerillas which are a threat to the security of the humans. This prompts many people to prefer beaches for the vacation to the mountains. Beaches are also very secure than forest because there is the beach patrol police to maintain security therefore making it difficult for the armed gangs to hide there unlike in the mountains where the security of the humans is threatened by the armed gangs. The beaches are al so secure because they are located in far from forest and therefore they cannot be affected by the forest fire which always threatens the lives of the visitors who go to have fun on the mountains. The other factor which is to be considered is the types of activities which take place both on the mountain and the beaches. It is very clear that these two places offer different kinds of fun activities due to the different climatic changes which are experienced. For example you will find that in the mountain the climatic conditions are characterized by changes in either cool or hot temperature which are either accompanied by snow or rains respectively. Some of the vacation activities which take place in the mountains include snowboarding, mountain biking, mountain climbing, hiking, and skiing. More often you will find that children cannot engage in some of these mountain activities simply because of the heights of the mountains or because of the lack of experience and also due to fear of wild animals such as bears. Statistics have shown that these mountain activities mainly involve people who are aged between 15-45 years thus eliminating many older and young people. On the other hand, the sea and the warm climates determine the activities which take place in the beach. Many activities that take place in the sea tend to favor all people young and old inclusive because they are simple. Again, it entails what people do at home. This is unlike the mountain activities where one has to go to the mountains in order to practice and even learn them. Some of the activities in the beaches include swimming, volley ball games, soccer games and even the riding of the water bikes. Many people will prefer to have a vacation on the beaches because they will (young and the adults) have some enjoyable activities which they are familiar with unlike on the mountains were activities are technical and require a lot of experience. Again beaches have discos and restaurants were people can enjoy their fun until morning without worrying about the colds and insecurities either from wild animals or intruders. This is unlike the mountain activities where by there are no ente rtainment areas and if they exists they located a bit far from the mountains. Again many beaches tend have many visitors all the time but the number of visitors is not as high on the mountains thus making everything very boring and dull. Beach vacations are always better that the mountain vacations because many people hate cold areas and the beaches are always warm. Beaches are also easily accessible compared to the mountains thus making them more marketable. Beaches also tend to have a wide variety of activities for both the young and the old thus making it easy for families to come in their wholes. Beaches are also very secure due to the presence of the beach patrol police thus making it easier for many people to choose the beaches because they are not afraid of any insecurity issues.

Human Rights In Tibet :: Human Rights Essays

  Ã‚  Ã‚  Ã‚  Ã‚  In 1949, newly communist China sent 35,000 troops to invade Tibet (Tibet Support Group UK 1). The year after that a treaty was made. The treaty acknowledged sovereignty over Tibet, but recognized the Tibetan government’s autonomy with respect to internal affairs. The Chinese violated the treaty on many occasions, though. This lead to the National Uprising in 1959, and after that, the exile of the Dalai Lama, spiritual leader of Tibet, and many governmental leaders (Office of Tibet 1).   Ã‚  Ã‚  Ã‚  Ã‚  During and after the Chinese invasion of Tibet, there was mass destruction of Tibetan buildings. Over 6,000 monasteries, temples and other cultural and historic buildings were destroyed. The contents of the thousands of buildings destroyed was taken back to China and sold (Office of Tibet 3). The Tibetan people tried to rebuild their country, but the political leader who tried to start the â€Å"recuperation† policy was forced to resign from office shortly after (Office of Tibet 2).   Ã‚  Ã‚  Ã‚  Ã‚  During the National Uprising alone 87,000 Tibetans were killed. Another 430,000 died in the fifteen years of guerilla warfare that followed. Sources also say that up to 260,000 have died in prisons and in labour camps (Tibet Support Group UK 3). Also, 200 unarmed civilians were killed during non-violent protests between 1987 and 1989. Overall 1,200,000 Tibetans have died since 1959. That is roughly one fifth of the population of Tibet (Office of Tibet 1). That does not include all of the deaths of Tibetans during the Chinese invasion, and all of those who froze to death trying to flee Tibet.   Ã‚  Ã‚  Ã‚  Ã‚  The Tibetan people who survived the killing were denied what most consider primal freedoms. One of which is freedom of religion. Tibetan religious practice was forcibly suppressed until 1979 (Tibet Support Group UK 4). Also, in early 1989, Chinese authorities undertook a campaign to tighten control over religious practice. This campaign intensified the crackdown on the pro-democracy movement (Churchward 1). The campaign affected Catholics, Protestants, Muslims, and Buddhists. Another religious suppression on the part of the Chinese is that they have banned public celebrations of Tibet’s Great Prayer Festival because China believed that it would lead to nationalist demonstrations (Churchward 2). Now all Tibetan churches, mosques, and temples must be registered, and to do so, they must meet official standards (Churchward 1). Also, the only people permitted to perform religious duties, according to Document #19, are those who after examination are deemed †Å"politically reliable, patriotic, and law-abiding† (Churchward 3).

Irregular Religions Essay -- Social Issues, Poverty

Perhaps the strongest basis for one critic’s belief that Major Barbara had â€Å"an utter want of the religious sense† comes from the morality and adopted religion of Andrew Undershaft. An armorer, Undershaft founded his creed on the belief that â€Å"honor, justice, truth, [and] mercy† are â€Å"graces and luxuries of a rich, strong, and safe life† (93). To Undershaft, social problems such as sloth and drunkenness can be traced back to poverty, for a man’s â€Å"first duty, to which every other consideration should sacrificed, is not to be poor† (15). Shaw makes this point clearly in the play’s preface, and argues his own cynical views through the mouth of Undershaft. Shaw explains through Undershaft that poverty is â€Å"the worst of all crimes† (142). The impoverished â€Å"poison [the country] morally and physically† – â€Å"they force [those not poor] to do away with [their] own liberties and to organize unnatural cruelties for fear that [the poor] should rise against [the wealthy] and drag [the wealthy] down into their abyss† (142). Life has proven to Undershaft that money is a God on Earth; money allowed him to raise his family comfortably despite the less-than-reputable source from which he obtained it (namely, war). Because his faith of money and gunpowder is unconventional in its generally strict focus on the economic aspects of life, the faith leaves little room for the traditional spiritualism and morality of religion. Undershaft admits that he would not have the income of a poor man for all his conscience (88). In Undershaft’s religion, typical morality – that is, earning money in a respectable way, believing death and destruction are abominations, and seeing God as that which rules the world – has no place. Undershaft takes advantage of â€Å"the ... ...ara has learned from the Army, a starving man will say anything to get the bread, furthering Crosstianity rather than absolving his soul (142). While Shaw respects the Salvation Army’s intentions in trying to rid the country of poverty, he believes only a revolution can destroy it completely and that the Army’s attempt to save people individually is ultimately futile. The Army is not saving their souls; rather, it forces them to sin by lying to gain food. Barbara comes to this understanding at the end of the play, and by it she is converted again to the saving of souls, this time â€Å"through the raising of hell to heaven and of man to God† – essentially, by bringing goodness and spirituality into her father’s factory of death (152). Through her strength and spirituality Barbara finds hope and reaffirms the true, if unconventional, Christianity she practices.

New York City A Diverse Area :: essays research papers

New York City is a diverse area. It contains hundreds of different tracts with one different from the other. I am going to be comparing Hunter's tract, which is 120 with my tract, which is 721. After comparing these two tracts, I am going to compare them both to the entire city of New York. The pace where I live in is Forest Hills, Queens. NYC contains Demographic Characteristics such as total population. In all of New York, to be exact, there are 8,008,278 people in all. Hunter's tract contains 3,965 people. In my tract there are 5,243 people. By looking at this data, it shows that there is a larger population in my tract. Sex and Age in my tract is similar to Hunter's tract and NYC. In all three there are more females than males. Tract 721 has 46% males and 54% females. Hunter's tract has 43.6% males and 56.4% females. NYC as a whole has 47.3% males and 52.7% females. The difference in all three is the median age. Hunter's tract is the oldest one with 51.1 years. The second oldest one is my tract with a median age is 41.9 years. NYC has a median age of 34.2 years. I believe it is so young because, a lot of babies are being born. Educational Attainment and Income are very important. It matters how much education you have in order to have a good job and a higher income. Hunter's tract is more educated then the tract where I live in. There is an enormous difference between the two. In Hunter's tract, people with no high school diploma are only 3.4%. My tract's calculation for no high school diploma is 17.9%. That's almost 6 times as much. With bachelors degree or higher in my tract, there is 38.7%. In Hunter's tract it is 74.8%. That's almost double. This shows that there are greater amounts of educated people in Hunter's tract then my tract. NYC as a whole has almost the same percentage with no high school diploma as to people with bachelor's degree or higher. No high school diploma is 24.7% and bachelors degree or higher is 27.4%. This shows that there are less educated people in New York. Income is the same as educational attainment. There is a much greater income in Hunter's tract than in my tract. The median household income in tract 721 is $33,402.

American history Empire, War, and propaganda

Japanese and Chinese cultures have many similarities owing to the fact that the latter has exerted a major cultural influence on the former. As is mentioned in the De Bary’s book on Japanese tradition, the Japanese started recording their after they had contact with the Chinese. In fact the earliest existence of Japan is in the Chinese Dynastic histories around the 1stCentury BCE, written by Chinese historians who were known to compile fairly reliable accounts of their present day world (p.  3, 4).The native accounts of Japanese were written around the 8th century CE, by which time the Japanese were already heavily influenced by the Chinese traditions. Hence, there are a lot of cultural similarities between the two countries. This paper compares and contrasts the two cultures with respect to their religion, tradition, literature and philosophies. Traditions and Philosophies in China and Japan Chinese Chinese philosophy and religion seems to begin with Confucius and his teach ings.While there are certain records which are supposed to pre-date Confucius, according to De Bary in his book on Chinese Tradition these works are suspected to be compiled after the time of Confucius (p. 1). The traditional history consists of many semi-divine culture heroes who supposedly were responsible for bringing civilization among the people of China. These were followed by three rulers of exceptional wisdom – Yao, Shun and Yu, as is mentioned in the books by De Bary on Chinese Tradition (p. 2).However, the most famous of the Chinese religion and Philosophy is of course the teaching of Confucius who adopted the teachings and examples of these rulers in his teachings. In fact according to De Bary the life of Chinese for the past 2000 years can be characterized in a word to be Confucian. The second most important and influential native philosophy of Chinese is more religious in nature and is known as Taoism. Many of the present day philosophers comment that the two phi losophies complement each other.While Confucianism concerns itself with the social responsibilities and human aspects of life, Taoism contends itself with a spiritual outlook towards life. De Bary mentions that these two philosophies give two different aspects of an individual – one that is related to his work and responsibilities and the other which is related to his spiritual side (p. 48). The work of Confucius was further refined to make it a more moralistic and righteous, such that people were honor bound to fulfill their duties and responsibilities.These were other philosophies at work in China. One of these was Legalism which was proposed by Shang Yang and is considered to be yet another classical school of thought in China. The theory however was explained in detail by Han Fei, who is considered as the father of this philosophy. De Bary says that growth of this philosophy was due to a need for a more rational organization for society than the traditional feudalistic sy stem, which had started to disintegrate even during the Confucian period (p. 122).Legalism was inherent in the Han Empire and was made palatable by adopting Confucianism as the state ideology. As will be seen in the section below Legalism combined with Confucianism was one of the philosophies that was widely accepted and followed in Japan after they decided to abandon their clan-based society for a more rational one. Japanese Prior to Chinese influence, Japan consisted of a number of tribes ruled by individual kings. These tribes were supposedly from many different parts of Asia including Korea and proceeded to settle in the Japanese islands.While the early traditional influences of Japanese people remain obscure, Chinese writings mention Japanese people as performing sun worship, which might account for the name of the country. These writings also mention the people as being honest, polite, displaying gentleness in peace and bravery in war, love for liquor and mountains and religio us rites of purification and divination as is mentioned by De Bary in his book on Japanese tradition (p. 5). This type of nature worship was the oldest type of religion found in Japan and was known as Shintoism.As the tribes began to exert their sphere of influence, they turned towards the Chinese philosophies and examples for both political and cultural guidance. Hence, the Japanese culture is very closely intertwined with the Chinese culture, and it is not the other way round. De Bary mentions that many of the imperial edicts issued during the Great Reform period which began in the 645 CE consisted of Chinese based administration systems (p. 63). For instance the old political system which was based on tribal clans was changed to the Chinese system of systematic territorial administration.Also there was an attempt to abolish private property, nationalize the land and redistribute it based on the family size which was the system followed in China. De Bary says that these systems we re so meticulously followed that the records that have been found of this period are almost identical to those found in China (p. 64). However, the influence exerted by the Chinese on Japanese traditions was not just political during this period. As is already mentioned above, Chinese life has been mostly influenced by the teachings of Confucius.Needless to say these traditions were adopted by Japanese also and formed one of the integral parts of study for the scholars during the period. However, these teachings cannot be found in their original formed as debaryhas confirmed in his books (p. 69). There have been many changes because the people tended to imbibe their existing religion and philosophies with those of the new order proposed by the Chinese philosophers during that period. Buddhism in China and Japan Chinese Buddhism came to China via India in the first century AD, where the religion originated.Buddhism came divided into a number of sects, said to be eighteen in number be fore it came to China. When Buddhism entered China some of these sects were introduced and assumed newer forms under the Chinese influence. In addition Chinese themselves developed many strong sects. Initially when it came to Japan Buddhism encountered stiff opposition and remained a foreign religion for over two centuries after which it started getting accepted. The problem as is told by De Bary was that the Chinese did not know about the sectarian nature of Buddhism, and considered whatever words were written to be the words of Buddha.This resulted in confusion due to the many contradictory statements of various sects. Mahayana Buddhism or the Greater Vehicle took on a Chinese character and evolved into several schools such as Tien-Ttai, Hua-yuen, Pre Land and Chan Japanese Buddhism is one of the major religions practiced in both China and Japan. The religion was introduced to Japan in the 7thcentury AD. The most popular types of Buddhism followed here were Pure Land and Zen Buddh ism, a offshoot of Chan Buddhism (p. 120). In Japan, Buddhism became closely intertwined with the principles of Shinto.This was initially done to make the religion more acceptable to the local public. The first clear indication of a merger between Shinto principles and Buddhism according to De Bary was in the middle of Nara period which was more than 200 years after the religion was introduced in the country. De Bary further states that the mutual relationship of the Buddhism with the Shinto developed and by the Kamakura period there existed detailed explanations of Shinto gods as the concrete manifestations of Buddhist deities (p.121). Here, the Buddhism and its various rites differ from the Chinese versions because there are no such deities present in the Chinese versions, where the Buddhism was based primarily on the Taoist principles of the beauty of nature and relation between Buddhism with the various environmental issues. Literature influence The influence of Chinese literatu re in Japanese culture is clearly evident by the fact that Japanese follow the Chinese pictographic script in writing.The reason for this is mentioned by De Bary in his book where he says that the Chinese way of philosophy and political code was adopted directly by the Japanese rulers. An understanding of the corresponding script was hence considered to be necessary and such a script was considered to be a must for being considered as a scholar whether literal or political (p. 48). However, the Chinese script being very difficult to its pictographic nature had to be simplified when it was adopted by the common man. Hence, the Japanese also have sound based writing system which is not present in the Chinese script.Political influence Chinese influence can be seen in almost every aspect of Japanese life. On the political side De Bary gives the example of the Imperial rule which is sometimes called Tennoism. This type of imperial rules gives the ruling family a divine status. In Japane se society, this translated to the ruling family having an unbroken tie with the Sun Goddess who was the primary deity worshiped by the Japanese people. The chief difference between the Chinese and Japanese ruling systems was that the former was merit based while the later was hereditary in nature.The Chinese rulers were theoretically subjected to the criteria of merit and rulers or dynasties could forfeit the mandate to rule if they did not live up to them. This principle was absent in case of Japanese ruling family, which was primarily governed by the hereditary principle and the merit principle did not apply at all to the ruling family (p. 69) Conclusion As has been already mentioned above, the Chinese and Japanese traditions and cultures are closely inter related due to the strong influence the former had in the development of the latter.The cultural vein has flowed from Chinese to the Japanese people, which included the spread of Buddhism in the country. The principles were no doubt changed according to the dictates of the society, but the binding ties can be clearly seen between the cultured of the two countries. Works Cited De Bary WT (2001), Sources of Japanese Tradition, 2nd Edition, Columbia University Press, West Sussex De Bary WT (1960), Sources of Japanese Tradition Vol. 1, Columbia University Press, West Sussex

Brazil Allows Police to Buy High Caliber Guns Essay

The Brazilian military will now allow police and firefighters to buy powerful .45 caliber guns for personal use, raising fears over how the weapons will be used and where they might end up.Prior to the ruling, only federal police were permitted to buy .45 caliber weapons, while other police agencies carried less lethal .40 or .38 weapons. The new regulations open the way for civil, military, and transport police to purchase .45 handguns. The military command, which regulates gun sales in Brazil, said it changed the regulations in response to petitioning from state security forces. The move has already sparked controversy among some sectors. â€Å"They are giving weapons to the police that they don’t know how to use. This is putting the safety of the police and the population at risk,† a representative from violence prevention NGO Sou da Paz told O Globo. InSight Crime Analysis The decision to grant various police agencies access to more powerful weaponry is likely to prove controversial. Trust in the Brazilian police is low, amid widespread accusations of corruption, criminality and extrajudicial killings. Firefighters, who are allowed to carry weapons as part of the job, have also come under suspicion, with accusations that many form part of urban paramilitary groups while off-duty. The easing of the regulations could be linked to the ongoing conflict between criminal gang the First Capital Command (PCC) and the Sao Paulo police, which claimed the lives of at least 100 officers in 2012. The risk that rather than giving police another means to protect themselves, the increased availability of .45 weapons could only further fuel the conflict. Given past cases of Brazilian police selling weapons to criminal groups, there is a significant risk that these guns could fall into the hands of the gangs that are behind anti-police violence in much of the country. The high-power weapons could also end up being used by the vigilante militias that control many of Brazil’s favelas. Corrupt factions of the police and firefighting force are known to be members and collaborators of these militias.

Analysis and Consequences of Legal Action(S) Essay

Analisis for successful lawsuit report Purpose Per your request, our legal team, courtesy of Legal Eagles, LLP, wishes to advise you regarding your tentative legal action against Mechanics National Bank (â€Å"National Bank†). As you alleged, National Bank was negligent in their failure to remove a lien on your Lagoon Beach property. Our legal team has assessed this and other concerns of your case. Outlined throughout this correspondence are conclusions we have made and recommendations we wish you consider. Before we proceed, we thank you for your trust and assure you nothing less than our highest-quality work. You have expressed to us your interest in recovering compensation for a failed entrepreneurial endeavor involving a hotel property, Hotel California. You also informed us that your acquisition of this property was dependent upon your securing financing through pledging a property you currently own as collateral. In a brief analysis of the facts of your case, we find you may successfully prove liability on the part of National Bank; however, this conclusion is not without concerns, particularly regarding your contract with the owner of Hotel California. This concern and other considerations for your case are also discussed in this correspondence. Factual Background Our notes of the essential facts of your case indicate the following: You sought the acquisition of an existing hotel property located in Palm Desert, Green. You contacted the hotel’s listing agent, Mr. Babak Gordon, and obtained preliminary data on the property, including financial statements of the hotel which you have provided us. On January 5, 2005, the hotel owner, Ms. Shirley Ramirez, Mr. Gordon, and you had a preliminary discussion regarding the purchase and sale of Hotel California. Ms. Ramirez offered to you by phone this property for $4.3 million, excluding the furniture, and the sale was to conclude following a 45 day escrow. On January 6, 2005, you faxed Ms. Ramirez a signed letter both indicating your acceptance of her offer and your preference that the transaction close following a 60 day escrow. Although you never received a reply or confirmation from Ms. Ramirez, on January 30, 2005, you obtained a financing commitment from Bank of the West. Their conditions we re that the bank would obtain a first priority lien on the hotel property along with an unrelated undeveloped parcel of land owned by you in Lagoon Beach, Green. As you have shared with us, you acquired this land in 1984 and had managed to pay off its mortgage on November 1, 2004. However, National Bank failed to remove its lien on the property. You vigorously attempted to get National Bank to remove its lien on this property. You contacted bank officers and explained to them that the lien needed to be removed so that you could pledge the property as collateral and finance your purchase of Hotel California. Because National Bank did not remove this lien, you were unable to finance the acquisition of Hotel California. You later bought a hotel property â€Å"similarly situated† and â€Å"virtually identical† to Hotel California for $4.7 million dollars. Issue From our analysis, we find as reasonable your decision to consider pursuing legal action against National Bank for damages. You have cited National Bank as negligent for failing to follow instructions regarding the removal of a lien from the title of your Lagoon Beach property. If you proceed further to trial, a court of law will try, whether by failing to remove its lien on your Lagoon Beach property, National Bank committed the tort of negligence. Because our analysis has also raised concerns regarding your contract with the owner of Hotel California, Ms. Shirley Ramirez, we must also inform you of a second issue a court of law is likely to try. If you proceed further to trial, a court of law will try whether a legally binding, enforceable contract exists (or existed) between Ms. Ramirez and you. Keep in mind that your legal action for damages may be predicated on whether there was a contract. Roadmap In addition to listing our conclusions, recommendations, and concerns throughout this correspondence, you will find that we have analyzed the likelihood for success of your legal action against National Bank. You have expressed your desire to recover damages for your lost opportunity involving the Hotel California property. For your convenience, a complete and careful analysis has been conducted and detailed throughout this correspondence. GROUNDS OF LIABILITY You have alleged that National Bank was negligent, and you intend to recover damages from National Bank. You will have the burden of proving the prima facie case for the tort of negligence. You must cite evidence and present arguments that support your allegation of National Bank’s negligence. To successfully fulfill your burden you must show that: * Duty: The defendant (National Bank) owed you (plaintiff) a duty of due care. * Breach of Duty: Defendant’s conduct breached that duty. * Actual and Proximate Cause: Actual and proximate causation between defendant’s breach and your (plaintiff’s) injury was present. * Injury: Injured party (you) sustained injury due to defendant’s actions. If you fail to prove these elements, National Bank’s legal team may motion to dismiss your case. In this event, it is possible that your case could then be dismissed without further proceedings. However, if you successfully prove and argue all four of these elements, you must also overcome any affirmative defenses, if applicable, raised by the defendant (National Bank). These defenses are contributory negligence and assumption of risk. From our initial analysis, National Bank will be unable to raise an affirmative defense on these grounds. We will fully assess whether there are on any other legal grounds defenses that National Bank can raise. (See Other Considerations.) Remedies for Negligence If you successfully prove National Bank’s liability, you may be entitled to recover compensatory or actual damages. The damages and compensatory award amounts are determined on a case-by-case basis by the jury or judge presiding over the case. We have included a potential award amount you may be entitled to and you will find a complete discussion on how this determination is made. (See ANALYSIS OF LIABILITY – Injury.) Statutes Governing Contract Law Because the secondary issue (See Issue) and one of our concerns regarding your case is regarding your contract with Ms. Ramirez, we have disclosed applicable information from both the Green Civil Code and our legal library pertaining to 1) offer and acceptance, 2) Green’s statute of frauds, and 3) Green’s â€Å"mirror image rule.† For your convenience, we have bolded and defined legal terminology that will be reiterated in later sections of this correspondence. Offer and Acceptance An offer is the important first step in the contract formation process. A party (offeror) who makes the offer gives another party (offeree) to whom the offer is made the power to bind both parties to a contract simply by accepting the offer. Not every proposal qualifies as an offer. To distinguish an offer, courts evaluate offers on three grounds: First, they look for some objective indication of a present intent to contract on the part of the offeror. Second, they look for specificity, or definiteness, in the terms of the alleged offer. Third, they look to see whether the alleged offer has been communicated to the offeree. An acceptance is â€Å"a manifestation of assent to the terms [of the offer] made by the offeree.† In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Statute of Frauds According to the Green Civil Code,  § 1624, any contract transferring an interest in land is invalid if not accompanied by â€Å"note or memorandum.† An unenforceable contract is one that meets the basic legal requirements for a contract, but may not be enforceable because of some other legal rule. A contract for which the statute of frauds requires a form of writing, yet no writing is made, may be declared an unenforceable contract. Mirror Image Rule The traditional contract law rule is that an acceptance must be the mirror image of the offer. Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they indicate an intent by the offeree to reject the offer instead of being bound by its terms. Now that you have an understanding of the relevant law behind the tort of negligence and contracts, and are familiar with the legal terminology of these areas, we proceed into our analysis of the facts of your case and the prima facie case for the tort of negligence. ANALYSIS OF NATIONAL BANK’S LIABILITY Should you pursue further legal action against National Bank, you will have the burden of proving the elements of the prima facie case of the tort of negligence. Below are descriptions of these elements, accompanied by our legal analysis between the facts of the case, prima facie case, and case law from our legal library. Tort of Negligence In Commercial Escrow Company v. Rockport Rebel, Inc., negligence is defined as â€Å"conduct which falls below the standard established by law for the protection of others†. Because of the similarities in the facts between the case of Escrow Company and your case, this case has been used extensively in the forming of the following arguments. We recommend using this case in satisfying your burden for your legal action. Accordingly, you must argue that National Bank’s behavior in failing to remove the lien on your Lagoon Beach property fell below the standard for public protection established by law. Further, to successfully prove negligence, you must argue that National Bank is responsible for some injury you incurred stemming from their alleged mismanagement and failure to remove the lien on your property. With your notes, the facts of your case, and documents you provided us, we have constructed tentative arguments to determine the success of your legal action. You will find these arguments beginning on the next page. Duty According to the case, Commercial Escrow Company v. Rockport Rebel, Inc., â€Å"a defendant owes a duty of care to all foreseeable plaintiffs.† For example, in cases where a â€Å"[defendant] voluntarily assumes the duty to act by promising to the plaintiff to behave in a certain way,† the defendant owes that plaintiff a duty to act with care. According to Judge Utter, a â€Å"defendant also [owes] the plaintiff a duty of care where a contractual relationship between the parties requires the defendant to act in a certain way towards the plaintiff.† Considering these rules of law, National Bank owed you a duty to act as you requested. In your previous correspondence, you indicated that National Bank is â€Å"the lender on your Lagoon Beach property.† You also submitted to us a copy of your deed of trust. To reiterate â€Å"the language in the deed of trust† as part of your contractual relationship with National Bank, National Bank was supposed â€Å"to promptly record a reconveyance of its lien on [your] property upon payment in full of the underlying loan.† Because National Bank failed to do this, we find it foreseeable that you would be prevented from using the property as collateral for your hotel acquisition. Additionally, you also mentioned that you â€Å"vigorously attempted to get†¦ National Bank to remove its lien on [your] property, but to no avail† and despite â€Å"repeated assurances from various officers.† Because National Bank officers assured and essentially promised you that they would remove the lien on your property, National Bank voluntarily assumed a duty to you, if no duty had been present beforehand. In essence, the assurances made to you to process your request indicate that National Bank voluntarily assumed, and therefore owed you, a duty of due care to act as you requested. In light of these arguments, we assure you that you should successfully satisfy this first element – duty – of the prima facie case of the tort of negligence. Breach of Duty According to Commercial Escrow Company v. Rockport Rebel, Inc., in order for a plaintiff to prove negligence, the â€Å"plaintiff is required to show †¦that [the defendant] had breached [defendant’s] duty of care to the plaintiff.† In most cases, a defendant owes a plaintiff a duty to act as would a reasonable person under similar circumstances. In the case of Escrow Company, the Court found that â€Å"in performing services for a client, [the] escrow company has the duty to strictly follow instructions.† Like an escrow company, a financial institution like National Bank most likely has a duty to strictly follow instructions drafted in a deed of trust, or part of a loan or other financial instrument. Because officers on behalf of National Bank did not follow instructions and terms of behavior involving you (as lendee) and National Bank (as lender) detailed in your property’s deed of trust, you may successfully argue that National Bank breached its duty to you. According to our copy of your deed of trust you provided us, National Bank was required to â€Å"promptly record a reconveyance of its lien on the property upon payment in full of the underlying loan.† You had managed to pay off the mortgage on this property on November 1, 2004. Despite this, National Bank failed to remove its lien, even after you requested. Because officers at National Bank did not strictly follow this instruction, National Bank breached the duty of due care owed to you. Causation Satisfying the prima facie case for the tort of negligence also requires that a plaintiff prove that there is a connection (or actual causation) between the alleged breach of duty by defendant and injury suffered by plaintiff. As in the case of Commercial Escrow Company v. Rockport Rebel, Inc., courts assess the existence of a connection between breach and injury by determining whether injury would have occurred if not for breach. A court would employ a similar test in your case. Because National Bank failed to remove the lien on your property, you did not satisfy terms of the loan commitment with Bank of the West and could not secure financing for your acquisition of Hotel California. We find that there is a casual connection. Courts also evaluate the proximate cause (causation) between a defendant’s breach of duty and a subsequent injury suffered by a plaintiff. Proximate causation refers to whether the defendant’s breach of duty and subsequent injury suffered by the plaintiff was foreseeable. Because you vigorously attempted to have officers at National Bank remove its lien on your property and informed them that you needed the lien removed in order to pledge the property as collateral, we find that your injury of loss of opportunity to acquire the hotel property was foreseeable. Injury The final element you must prove to satisfy the prima facie case for the tort of negligence is whether you have suffered injury because of National Bank’s alleged negligence. Due to National Bank’s failure in removing the lien on your Lagoon Beach property, the transfer of ownership agreement of Hotel California between you and Ms. Ramirez allegedly collapsed. Later, you purchased a â€Å"similarly situated† and â€Å"virtually identical† hotel property for $4.7 million, $400,000 more than what you would have paid for Hotel California ($4.3 million). In essence, National Bank’s alleged negligence caused you to incur an opportunity cost of $400,000. This loss of opportunity is under the assumption that a valid, enforceable contract existed between you and Ms. Ramirez. SUMMARY Because National Bank breached its duty by failing to remove its lien on your property, you were unable to secure financing for a $4.3 million acquisition of Hotel California. However, you later purchased a â€Å"virtually identical† property for $4.7 million. You may be entitled to the difference. DEFENSES AGAINST LIABILTY In this portion of this report, we detailed any applicable defenses relevant to your case, and outlined other considerations and concerns we advise you to consider. Although we have found that affirmative defenses to National Bank’s negligence are inapplicable to the particular facts of your case, we have other concerns to discuss. Other Considerations It is the opinion of Legal Eagles, LLP, that National Bank may argue that regardless of whether it removed the lien on your Lagoon Beach property, indefinite would be the transfer of ownership of the hotel property from Ms. Ramirez to you. As our analysis showed, you may successfully prove that National Bank had a duty to remove the lien on your property and subsequently breached that duty by failing to adhere to this instruction. If the failure to remove the lien on your property can be proven to have caused you damage(s), we will advise you to pursue further legal against National Bank. But first we must evaluate the documents you provided us and later the validity of the binding contract between you and Ms. Ramirez. Analysis of Income We have completely revalued the hotel property, Hotel California you were interested in. We used the same method(s) and approaches that most banks in our region would use to appraise the value of hotel properties. The expected value approach places weights on appraisals from two methods. First, we multiplied the past two years’ average gross margin by four. This holds a weight of 40%, because it is expected to be accurate 40% of the time. The value we derived from this method came to $2,462,380.00. Next, we took the present value of the average of the past three years’ cash flows, discounted at an 8% discount rate for 10 years. This method holds a 60% weight. The value derived from this method comes to $2,505,589.13. Our final step is to assign the correct weight to each method and sum the two figures. We can therefore conclude that the Hotel California’s appraisal value is $2,488,305.48. In addition to this, it is acceptable for a company to sell what is known a s â€Å"goodwill.† That is why the listed price of 2.5 million dollars was overstated by $11,694.52. We know that the bank would only allow you to borrow up to the appraised value, $2,488,305.48, unless you either pay 25% of the purchase in cash, or pledge to the bank a first priority lien on the vacant land as collateral. We also know that the latter option was not possible, so we will consider the former. We conclude that 25% of the purchase price of $4.3 million is $1,075,000. Because you were able to only provide $500,000 in cash for a down payment, you did not meet the requirements to borrow more than $2,488,305.48 from the bank, without pledging the vacant land. Hypothetically, if you had decided to borrow $2,488,305.48 from the bank, plus your $500,000 down payment, you would have had $2,988,305.48. This amount still would not have been enough to purchase the Hotel California property offered at $4.3 million dollars. Consequently, we conclude that without pledging the vacant land as collateral, there was no way you could have borrowed enough money to make the purchase. Even though the appraised value was not enough for you to borrow a sufficient amount of money from Bank of the West, we believe the appraised amount you were given was not accurate. There are two reasons why we believe Desert Mirage Accounting should not have relied on the income statement and footnote provided by Ms. Ramirez’s accountant. The first problem lies in the way the accountant prepared the income statement. Mr. Babak Gordon calculated gross profit by taking revenue minus cost of revenue. This method is only used for retailers and manufacturing companies, whereas Hotel California is a service company. The second problem is the verifiability of the financial statements and reliability of the accountant. To be credible, financial statements must follow generally accepted accounting principles (GAAP). A financial statement that follows GAAP must be accompanied by a signed opinion letter. The letter can be in the form of: 1) Compilation letter 2) Review letter 3) Audit opinion Finally, this letter must be signed by a certified public accountant (CPA). Because the income statement of Hotel California does not come with any signed opinion letter, we cannot verify its accuracy. Therefore, Desert Mirage Accounting should not have relied on that income statement and footnote information to make the evaluation. In our initial observation of your case, we assumed National Bank’s failure to remove its lien from your Lagoon Beach property caused you to forfeit your opportunity to purchase the Hotel California property. As illustrated by our calculations above, you could not have financed the acquisition of Hotel California without pledging your Lagoon Beach property as collateral. However, after conducting a thorough analysis of your case, we regret to inform you that you may not be able to prove damages stemming from National Bank’s failure to remove its lien from your property. Even though National Bank may have breached its duty to you, National Ba nk could argue that your contract with Ms. Ramirez is invalid or unenforceable. In the event that you do not have a valid or enforceable contract, you are not legally entitled to the Hotel California property or other legal remedies. In essence, regardless of whether National Bank’s negligence can be proved, a transaction between Ms. Ramirez and you might not have occurred if a binding contract did not exist. We will clarify and explain this finding in the next section. Offer and Acceptance Analysis From our analysis, coupled with case law from our case library, we have found that there was no contractual arrangement between you and Ms. Ramirez. In arriving at this finding, we took into account the facts surrounding your case. There are key elements that prevent the institution of a contract, for the purchase of real estate, between you and Ms. Ramirez. In reaching this finding, we referred to the case of Cayetano J. Apablasa v. Merritt & Company from our case library. In this case, the Court evaluated a plaintiff’s action for damages resulting from an alleged breach of contract. This plaintiff’s action for damages depended on whether there was an existing contract. The Court found that â€Å"no reasonable construction of evidence† admitted a binding contract between the parties; and that the correspondence that was provided to the Court amounted to â€Å"nothing more than an offer that was never accepted.† In essence, at the conclusion of the plaintiff’s case, the Court’s judge â€Å"entered a judgment decreeing that no contract was entered into, existing, or was ever executed.† Similar to your case, in Cayetano v. Merritt, the initial reply to the offeror’s offer by the offeree did not constitute an acceptance, contrary to what the offeree had thought. The offeree had included a â€Å"proviso† in his perceived acceptance letter to the offeror. In light of this, the Court found that terms proposed in an offer â€Å"must be met exactly, precisely and unequivocally for its acceptance to result in the formation of a binding contract.† This decision supplements our discussing regarding Green’s â€Å"mirror image rule† below. (See Regarding Mirror Image Rule.) Additionally, the Court stated that â€Å"[t]he addition of any condition†¦ is tantamount to a rejection of the original offer and the making of a counteroffer.† In essence, the Court’s decision can be summarized by the following: â€Å"[w]here a person offers to do a definite thing and another introduces a new term into the acceptance, his answer is a mere expression of willingness to negotiate or is a counter proposal, and in neither case is there a contract; if it is a new proposal and it is not accepted it amounts to nothing.† Regarding Green’s Statute of Frauds A key element that is missing in the proof of a contract is that your agreement with Ms. Ramirez was not in writing. The Green Civil Code requires that in order for a contract involving the sale of real property, to be valid, the agreement must be in writing and signed by the party to be charged or by the party’s agent. In your situation, Ms. Ramirez made her initial offer orally over the phone and you replied by a signed fax. There was never a written offer or contract signed by Ms. Ramirez. Therefore, a court of law would most likely find the contract between you and Ms. Ramirez as unenforceable. Even if the alleged contract did not have to be in writing and could be enforceable, there are other additional concerns we have: Regarding the Mirror Image Rule In a situation, such as the one you were in, a proper acceptance must meet the â€Å"mirror image rule.† This rule states that in order for an offeree to properly accept an offer, the offeree must accept the exact offer that was established by the offerer. When reviewing your case, we found that you had intent to accept Ms. Ramirez’s offer, but in your attempt to accept the offer, you added a different term to the agreement. In her offer, Ms. Ramirez required that â€Å"[t]he sale was to conclude following a 45-day escrow.† However, in your reply, you stated that you â€Å"would like to close escrow within 60 days.† A court of law would find that by changing the terms of Ms. Ramirez’s offer, you fail to meet the â€Å"mirror image rule,† and therefore terminated Ms. Ramirez’s initial offer and proposed a counteroffer. Documents you provided us detailing your correspondence with Ms. Ramirez indicate no communication on her part in accepting your counteroffer. Summary We must mention that had there been a contract between Ms. Ramirez and you, you may have been the subject of legal action by Ms. Ramirez. If we assume there was an actual contract between Ms. Ramirez and you with either the 45 day or 60 day escrow term, Ms. Ramirez could have pursued legal action and you could be liable for having breached your contract for your failure to deliver on your promise. You entered into the alleged contract with Ms. Ramirez on January 6, 2005. Regardless of whether there was an agreement for a 45 day escrow or a 60 day escrow term, you failed to secure financing in either time frame. Approximately 80 days after entering the alleged contract with Ms. Ramirez, on March 28, 2005, you contacted Ms. Ramirez to request an extension. The fact that you have no pending legal action brought by Ms. Ramirez may suggest that Ms. Ramirez did not view the arrangement with you as a binding contract. We reiterate that neither party had a binding, enforceable contract. CONCLUSION Ms. Warren, we regret to inform you that success with your legal action is unlikely. There is a high chance you will be unsuccessful, should you purse a legal action against National Bank on the grounds of the tort of negligence. National Bank failed to remove the lien on your Lagoon Beach property, violating the duty of due care owed to you, and disrupting your ability to secure financing for your entrepreneurial endeavor. However, the question of law of whether there was a valid, enforceable contract between you and Ms. Ramirez, is the decisive issue. As our analysis has indicated, a court of law will most likely try the issue of whether there was a binding contract. Thus without the binding contract between you and Ms. Ramirez involving her offer for the hotel (Hotel California), a judge or jury in a court of law cannot rely on how much you would have paid to make a compensatory damages determination. In other words, because your action for damages is predicated on a contract between you and Ms. Ramirez, your damages cannot be established and you incurred no loss of opportunity. Without the loss of this opportunity cost, you have not suffered any injury due in part to National Bank’s negligence. RECOMMENDATIONS Ms. Warren, as Associate Partner of Legal Eagles, LLP, I oversaw the analysis of my legal team and validated their conclusions and findings. In light of the findings of our analysis, I foremost recommend that you consider the following course of action: * Please, do not pursue further legal action against National Bank regarding this cause of action and issue. It is my opinion and the opinion of Legal Eagles, LLP, that pursuing further legal action regarding this issue, considering our evaluation of your case, will result only in additional expense on your part including legal and attorney fees and your time. You will also not receive the resolution that you would like making the process inherently dissatisfying and frustrating. With this in mind, there is another course of action I do recommend. Because you have already attempted to resolve your issue with National Bank regarding the lien on your Lagoon Beach, Green property, you are entitled to contact the regulatory agency of your former bank. All national banks within the state of Green are regulated by different agencies. If National Bank’s lien remains on your property, I recommend you pursue this alternate course of action: * Contact the appropriate state of Green regulatory agency of your financial institution (National Bank) and file a complaint. Your bank’s regulatory agency can help you with your concerns and complaints. There are many regulatory agencies in the state of Green’s banking industry. For your convenience, the appropriate regulatory agency of your former bank, and its details have been listed: According to the Federal Financial Institutions Examinations Council (for additional information visit www.ffiec.gov), National Bank’s regulator is the Office of the Comptroller of the Currency (for additional information please visit www.helpwithmybank.gov). You can visit and reach this regulatory agency online or by phone at (800) 613-6743. The Office of the Comptroller will assist you in getting answers and solutions to your questions and concerns. You can also file complaints against your bank, here. If you decide to proceed with filing a complaint, officials from the Office of the Comptroller will contact National Bank on your behalf regarding your issue for a response. You will then receive a let ter summarizing the results. Those who have sought our legal advice and even had similar experiences as you with National Bank as well have reported that intervention by a regulatory agency expedited the process and liens were eventually removed. We are confident that you have the tools to resolve this issue. LEGAL EAGLES, LLP ——————————————– [ 1 ]. The elements of the prima facie case of the tort of negligence are duty, breach of duty, actual and proximate cause, and injury. [ 2 ]. COMMERCIAL ESCROW COMPANY AND JAMES DE MIK, APPELLANTS, v. ROCKPORT REBEL, INC., APPELLEE. 778 S.W.2d 532; 1989 Tex. App. LEXIS 2263 [ 3 ]. CAYETANO J. APABLASA, Appellant, v. MERRITT & COMPANY (a Corporation) et al., Respondents. 176 Cal. App. 2d 719; 1 Cal. Rptr. 500; 1959 Cal. App. LEXIS 1542

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