The 1950s A Decade Of Prosperity, Conformity, And Consensus

Kylie Suitum Hist 406 Final Paper 12/11/15 Historians tend to portray the 1950’s as a decade of prosperity, conformity, and consensus, and the 1960’s as a decade of turbulence, protest, and disillusionment. Do you agree or disagree with this view? Show evidence to support your argument. With the overwhelming amount of Levittown houses, the obsession to obtain the perfect American â€Å"ideal family† as seen on TV and the unspoken agreement to fear any and all foreign ideas and values, the 1950s were revealed to be a decade of prosperity, conformity and consensus. Just ten years later the atmosphere in America was shockingly different; the 1960s were a decade of turbulence, protest and disillusionment due to the ongoing struggle for civil rights, arising feminism, and the Vietnam War. The development of the suburbs has been appointed to be the result of the â€Å"white flight† from the inner cities. In the 1950’s black Americans moved northward to cities to find industrial jobs that were within walking distance. Discrimination in cities worsened, crime rates increased and educational facilities’ credentials weakened or gained bad reputations. The upper-class families left the cities and mass migrated to the suburbs to escape the increasing crime rates and worsening conditions. This movement was later termed the â€Å"white flight†. Every American wanted to begin building the â€Å"ideal family†: two parents, two children and maybe a pet or two. This newly invented middle-class prospered asShow MoreRelatedCharacteristics Of The American Dream1166 Words   |  5 PagesFor some eras and numerous decades, the idea of the American dream has guaranteed democratic culture and material thriving. For some, the thought of flourishing stayed only a fantasy. In any case, for a plethora of Americans in the 1950s, the American Dream turned into a reality. Post war, they had within their field of reach was the opportunity to have so much more than their predecessors. The 1950s in America were described by post war wealth and economically great circumstances. With the dismaysRead MoreConsensus and Conformity Essays991 Words   |  4 Pagesto be dominated by consensus and conformity in the 1950s. As the commotions of the first half of the century ended, people were relieved but faced oncoming internal issues. The Great Depression and the two Great Wars caused people to seek tranquility and harmony. The fifties were the decade of change led by president Eisenhower. During this time the nation was in an up rise in many ways. The economy was booming as the Gross National Product more than doubled from the past decade. Thus there was aRead MoreAnalysis Of The Day The Music Died 2417 Words   |  10 PagesEstablishes the 1950s as the reference point for the rest of the song; Act II (verses 3 4) – Story building on the growing conflicts of the 60s; Act III (verse 5), the apocalyptic climax of the story; Epilogue (verse 6), the song’s coda Opening with the death of singer Buddy Holly and ending near the tragic concert at Altamont Motor Speedway, we are able to frame the span of years the song is covering—1959 to 1970—as the â€Å"10 years we’ve been on our own† of the third verse. It is across this decade that theRead More8 stages of social development6628 Words   |  27 Pageschange, not merely a set of policies and programs instituted for some specific results. This process has been going on since the dawn of history. But during the last five centuries it has picked up in speed and intensity, and during the last five decades has witnessed a marked surge in acceleration.[2] The basic mechanism driving social change is increasing awareness leading to better organization. Life evolves by consciousness and consciousness in turn progresses by organization. When society sensesRead MoreOrganisational Theory230255 Words   |  922 Pagesdiscipline. It is a body of thinking and writing that describes, explains and influences what goes on in organizations. It provides an underpinning body of knowledge that enables us to explore and develop management and leadership theory. In recent decades Organization Theory has become increasingly diverse in terms of the perspectives that writers use to study and understand organizations. These perspectives provide, in their different ways, profound challenges to the ways in which we live in and designRead MoreStephen P. Robbins Timothy A. 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lighthod Binary Oppositions in Joseph Conrads Heart of...

Binary Oppositions in Heart of Darkness In Heart of Darkness, Joseph Conrad used a series of reversed traditional binary oppositions to convey the theme that every man has his own heart of darkness that is simply masked by the superficial light of civilization. The novella focused primarily on the adventurer Charlie Marlows journey into the African Congo, but dealt with larger themes. Marlow was from Europe and understood the basic premises of imperialism, but was unprepared for the world he encountered in the wilderness. The world of the African jungle did not abide, at that time, by the same laws with which Marlow had been raised. There was an inherent savagery in the jungle that he had not previously encountered†¦show more content†¦Marlow responded to the sight of the dying natives by running away from the horror, and continued on his journey. Further on , Marlow encountered the Accountant of the Outer Station, a man dressed entirely in neatly pressed white linen. This man was directly representative of the ideas that Marlow associated with the civilization from whence he came. Despite the conditions in the Congo, for all of its savage and problematic nature, the man had stayed clean and conscientious. Marlow stated that, in keeping clean and orderly, the man had verily accomplished something (28). The man, though he was the outward representation of the ability to stay civilized, was actually quite inhumane. His work kept him right in the heart of the goings on at the station, and his response to whites and natives alike was the same; he responded to everyone with relative apathy and disregard. His bookwork for the station - his position in society - were more important to him than the suffering of the enslaved natives as well as the dying white man housed in his hut. Again, the use of white as a negative color is evident in the text, reversing the typical ideas regarding the colors association with the pristine attributes of the human character. Furthermore, the Companys entire business deals with ivory trade, and ivory is a very obviously white object. The ivory was obtained through the enslavement of the jungle natives by the

Business Law The Contractual Obligation

Question: Describe about the Business Law for The Contractual Obligation. Answer: 1. Request for tender (RFT) issued by a party for inviting tender is an invitation to treat, and not an offer by party filing RFT. When other party submit tender in response to that RFT is considered as an offer made by that party, and no contractual obligation arises until that offer is accepted by the party who invites tenders. This process was considered as traditional contractual analysis, and there is no legal relationship between the parties till the tender is accepted by the party who inviting tenders. However in some specific situations court impose legal obligation on party who mere invite tenders by filing RFT (PWC, 2016). In case Hughes Aircraft Systems International v Air services Australia (1997) 146 ALR 1, Justice Finn replaces the traditional contract analysis process in case of tender in Australia by finding that in some cases filing RFT also creates legal obligation on parties, and give rise to the contract which is legally binding (Hayford, 2006; Doyles, 2005). Whether tender is a process contract- a process contract arises when principal take steps to convey the tenderer that principal bound himself from the conditions of tender. In case process contract is arises, and principal fails to comply with the conditions mention in the RFT then it will be considered as breach of process contract. In case of breach of process contract, tenderer have cause of action against the principal in following two situations: In case, when RFT contains such terms that states that principal accept the tender which is best and lowest. In case, when RFT states any condition which is followed in tender processes and it will be considered as failure if such condition is not followed whether by principal or tenderer. Whether or not RFT is considered as process contract is depend on the terms and conditions mention in RFT, and other obligations that will impliedly or expressly accepted by the parties (Malllesons King, 2013). In the present case, university files RFT for supplies of green seeds for its surrounds, with closing date of 1st June. In its RFT University does not mention any condition which creates any legal obligation on party who inviting tenders except closing date that is 1st June. Following are the legal obligation of universities in these three tenders: In case of Greenland, they hand delivered their tender on 29th may, and they offer green seeds on the second lowest bid, but university did not mention in RFT any condition regarding lowest or best bid, and reject this tender because of rumors about its unreliability. Therefore Greenland has no cause of action against the university because no tender process contract is existed between the parties. In case of Enviro, the tender is posted on 15th may and received by university on 17th may but due to negligence of administrative assistant the offer is not put in box on time and because of that administrative officials considered only two tenders. Offer made by Enviro is the best and lowest offer. There is binding relationship between parties during pre award period in case of negligence, and principal owned duty of care towards tenderer. Therefore in this case Enviro has cause of legal action against university. In case of plant forever, university accepted the offer of plant forever but the acceptance did not conveyed to the company, and company enter into another contract. There is general rule regarding communication of acceptance that is acceptance is communicated when it is received by offeror (ACL, n.d.). We can understand this with the help of case law that is Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH. Therefore, in this case there is no binding contract between university and plant forever, and university has no cause of action against company. 2. There are number of goods and services which are exchanged through medium of contract. As per the contract law, a contract is formed when one party made an offer to another party and other party accepts that offer. It is necessary for valid contract that both parties have legal capacity to enter into a contract, both have intended to create legal relationship between them, and there must be consideration (ACL, n.d.). Many Private enterprises and government agencies sell and purchase goods and services through tender process in Australia, and before entering into a valid contract these enterprises issue request for tender (RFT). RFT is a published notice issued by the party who invites tender by the public for selling and purchasing goods by submitting the tender in accordance with the conditions stated in the RFT. RFT is not an offer it is just an invitation to treat and we can understand this with the help of case law Pratt Contractors Ltd v Palmerston North City Council. When other party submit tender on behalf of that RFT is considered as an offer made by party who submit the tender to the party who file RFT for inviting the tender, and if party accepts the offer made by party who submit the tender then it is considered as valid contract made between two parties (Trescox Lawyers, n.d.). When party call for tenders it will be considered as invitation to treat, and submission of tender is considered as an offer made by party who submit the tender. There is no legal relationship exist between parties unless principal accepts the offer. Before acceptance bidder can withdraw or amend its offer made to the principal. Similarly principal also has chance to negotiate with the bidders after receiving tenders (Clendons, 2016). There are number of obligations in tender contracts, some of them are stated below: It is the duty of the principal that he consider the tender if tenderer submit the tender on time or before the time. It is the contractual right of tenderer that his tender must be considered by the principal once if he submits it on time. It is necessary that principal treat all the tenders fairly and equally, and this is also the implied duty of principal that he fulfills all the conditions of the tender. It is an obligation of principal that he treats all the bidders in equal terms and fairly. It is the right of principal that he rejects the non compliance bids made by bidder (MAV, 2008). Legal liability in tendering process- there are number of remedies available for tenderer which gives statutory effect in tendering process. There should be fair dealing in this process and equal treatment with all bidders. This process is most difficult and crucial to deal, and this is the process through which enterprise is able to select the best service provider on terms of cost, quality and capability. It is necessary that this process is conducted in professional manner, equal, and in honest way. Industry commission fined that tender process is the key to derive benefits of contracting process. Benefits derived from contracting services by client agency and communities are depending on the effectiveness and efficiency of tendering process. If tendering process is not designed properly then this will reduce the benefits of tendering process (Parliament of Australia, n.d.). In the present case, on 1st October Footloose Pty Ltd issue notice in Daily News newspaper for selling the shoes at special discount that is $2000 for hundred pairs, and for bulk orders big discounts are available. This notice is just an invitation to treat, and not an offer. On 2nd October Famous footwear offer for purchasing 500 pair of shoes for $2000 per hundred pairs, but no acceptance is conveyed by the Footloose Pty Ltd to Famous Footwear. Submission of tender on behalf of notice issued by Footloose Pty Ltd in newspaper is treated as offer. Therefore, in this case there is no contract because no acceptance is conveyed by the Footloose Pty Ltd to Famous footwear. On 4th October James Shoes send Fax to Ms. Simon in reply of notice issued by Footloose Pty Ltd in newspaper, and states that they wish to purchase 2000 pairs of shoes on $30000 including GST and delivery. On 6th October Ms. Simon replied that Footloose will sell 2000 pairs for $ 30000 excluding delivery. James immediately replied that he want to meet to discuss following terms, and want to know the earliest delivery date. On 10th October both parties conduct discussion on telephone and agreed that James shoes would take delivery of sandals from footloose on 1st November. In this case footloose accept the offer made by James shoes on behalf of notice issued by Footloose Pty Ltd, and footloose accept the offer of James shoes. Therefore, there is valid contract between parties and both parties have legal obligation for this contract. 3. Implied contract- implied contracts can be considered as legal substitute of contracts. An implied contract is not written or spoken contract either it is an agreement which is created from the actions of the parties. In this there is neither written record nor any agreement which is verbal in nature. Implied contract is an implied warranty which is provided by law. Implied contracts and terms are implied by common law and statute. Generally in common law terms are implied. For example: the common law implies a term which requires that parties must do such acts which are necessary to perform the contract (ACL, n.d.). Usually, it is advisable to the parties that agreement must be in writing to the extent it is possible, but there are number of occasions when agreement arise between parties even there is no writing or verbal agreement between parties or there is no offer and acceptance. There are many ways through which implied agreements are arise between parties such as: When both parties showed by their actions that contract is exist between them. When both the parties did not sign any contract but they start to deal with each other in such away as there is contract enforced between them. When there is history of dealing between the two parties, then it will be considered as implied agreement on the bases of dealings or mutual understanding between the parties (Australian Government; The Treasury, n.d.). Whether agreement is implied or not is based on the circumstances. There are two types of implied contract that is implied in fact and implied in law. A contract which is implied by fact is that contract in which the circumstances implied that agreement is conducted between the parties even though there is no express agreement between the parties. For example, when patient goes to the doctor for treatment then there is implied agreement between doctor and patient that patient pay a fair price for the service, and if patient refuses to pay fees then this will be considered as breach of contract by patient. For a contract to be implied it is necessary that it must be: It is reasonable and equitable. It is necessary that contract must be efficient for the business. Contract must be so obvious that it enforced without saying. Contract must be efficient. It is necessary that expression of parties is clear (Wang, Briers, Reinecke, 2012). We can understand this with the help of case law that is Byrne v Australian Airlines Ltd (1995) 185 CLR 410. Contract implied by law is known as quasi contract but this contract is not in fact contract. In the present case, Richard Anderson is a talented chemist at Cube Laboratory Pty Ltd. His contract for 5 years is due to expire on 30th June. In last week of February he received offer of job from headhunters for the chief chemists position at a rival lab. If Richard accepts this job then he has to relocate his family interstate. On 1st March Richard approached warren, the chief chemist at Cube and said that he received good offer from headhunters but he would like to stay here, and for this warren replied Richard, you are an important part of this team. Youve played a big part in our recent success and were keen to keep that going. From this sentence Richard forms an impression that cube want to extend the contract for next five years, and he reject the offer from headhunters. On 25th June Warren said Richard that because of liquidity problem cube was retrenching large number of staff and forced to retrench Richard also. Later Richard find job in a university but at fraction of salary he was earning in previous job. In this warren makes an impression from his words that he extend the contract for next five years with Richard, and this impression forms implied contract between warren and Richard. Therefore in this Richard can claim damages from cube because of this impression he reject the offer of headhunters also, and forced to work in university at lower salary. References: ACL. Agreement. Retrieved on 6th December 2016 from: https://www.australiancontractlaw.com/law/formation-agreement.html#acceptance. ACL. Formation. Retrieved on 6th December 2016 from: https://www.australiancontractlaw.com/law/formation.html. ACL. Terms of a contract. Retrieved on 6th December 2016 from: https://www.australiancontractlaw.com/law/scope-terms.html#implied. Australian Government; The Treasury. How is an agreement made by implication. Retrieved on 6th December 2016 from: https://www.treasury.gov.au/Policy-Topics/Business/Small-Business/Legal-Topics/Contracts/Agreement-making/Implication. Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH (1983). Byrne v Australian Airlines Ltd (1995) 185 CLR 410. Clendson, (2016). Law of Tendering. Retrieved on 6th December 2016 from: https://www.clendons.co.nz/resources/background-papers/law-tendering/. Doyles, (2005). Hughes Aircraft Systems International v Air services Australia (1997). Retrieved on 6th December 2016 from: https://www.mosaicprojects.com.au/casewatch/1064%20Hughes%20v%20Air%20Services.pdf. Hayford, O. (2006). Recent developments in tender process contracts. Retrieved on 6th December 2016 from: https://www.claytonutz.com/knowledge/2006/may/recent-developments-in-tender-process-contracts. Hughes Aircraft Systems International v Air services Australia (1997) 146 ALR 1. Mallesons, W. king (2003). From concept to completion: when is a request for tender actually a contract. Retrieved on 6th December 2016 from: https://www.lexology.com/library/detail.aspx?g=1d499d4a-5fc2-4f09-a705-c0d8c7cfc2f1. MAV, (2008). BEST PRACTICE GUIDE FOR TENDERING AND CONTRACT ANAGEMENT. Retrieved on 6th December 2016 from: file:///C:/Users/Guest/Downloads/VCCI-Best-Practice-Guide-for-Tendering-and-Contract-Management.pdf. Parliament of Australia. The tendering process. Retrieved on 6th December 2016 from: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Finance_and_Public_Administration/Completed_inquiries/1996-99/contracting/report/c02. Pratt Contractors Ltd v Palmerston North City Council. PWC, (2016). Legal risk in the tender process. Retrieved on 6th December 2016 from: https://www.pwc.com.au/legal/assets/investing-in-infrastructure/iif-35-legal-risk-tender-process-feb16-3.pdf. Trescox Lawyers. Law surrounding the tender process. Retrieved on 6th December 2016 from: https://www.tresscox.com.au/page/our-news/newsletter/law-surrounding-the-tender-process/. Wang, S. Briers, D. Reinecke, I. (2012). Enforcing promises by implying terms in commercial contracts. Retrieved on 6th December 2016 from: https://www.claytonutz.com/knowledge/2012/december/enforcing-promises-by-implying-terms-in-commercial-contracts.