Spirals Essays

Spirals Essays Spirals Essay Spirals Essay Spirals are defined as a curve that emanate from a center point. (Sitomer; Mindel, 1974) The authors of the book, â€Å"Spirals† tell us that â€Å"typically, a spiral is a flat curve or a planer curve used in various forms of art and expressions.† and that there is a variance in uses for these, where there are different types of spirals, such as two-dimensional spirals, three-dimensional spirals and spherical spirals. The spiral is well associated with roles in symbolism and they sometimes appear in megalithic forms of art and a well known tomb, the Newgrange tomb which is decorated with spirals. The author of the book, â€Å"Spirals: Young Math Books† tell us that â€Å"there is a long history into the study of spirals, sometimes called whorls, where they appear in many different objects in nature. Some common places to find them in nature are in the claws, plants and in horns from animals. Spirals are often found very often in plants.† Spirals are found in Chinese Art and are used as an early symbol of our sun. Relating back to the Tang Dynasty, spirals were used in roof tiles as decorations for their homes in China. If you pull a strip of paper between your thumb and the edge of a knife, while pulling tightly, you can create a spiral from paper and use in decorations for art projects. Many people use these spirals in decorating gifts for birthdays and holidays and for the use in decorating rooms for special occasions. (Garndner, 1991) Very often, spirals are utilized in land art pieces. They are defined as geometrical loci of points that hold a certain set of properties and relations with a center point or focus area, such as sky spirals where the design comes from polar coordinate functions while the sky spirals show various levels of visual perception from the far distance. The spiral’s characteristic of cyclic and linear expansion demonstrates one of the best metaphors for showing time. It is often used as symbolic for demonstrating this concept. With sun spirals, there is a representation of the ultimate observatory, demonstrating various relations shared between the object of observation and the observer. The observer can walk in a concentrated path toward a linear path from the center point and move outward toward the edge of the spiral shape. The act of walking around in circles has been demonstrated during meditation and used in healing methods, as well. (Davis, 1993) Spirals are often used in mathematical equations and as symbols of mathematical equations. A conical spiral is a space curve given by a parametric equation, while a cornu spiral is used to show a plot in the complex plane of points in mathematical equations.  Ã‚  Ã‚   Many artists use spirals forms in their projects to express themselves with the flow of the shape of the spiral that moves outward from the center point into a never ending flow, showing freedom in their art projects and pieces that demonstrated openness in their works of art. A figure that resembles a daisy or sunflower which copies the geometric shape of a spiral because the form runs along the shape of the flowing spiral shape in creating the design. The shape is started in the center point of the design and arranged in an outward shape. Richard Serra uses the spiral shape in creating pieces of art when he creates sculptures. He uses five torque spirals, where he bends his objects to represent a never ending path in his creations. In his work he uses the curves showing man as being curved and round and not standing upright in his creations. Spiral shapes are often used in designing jewelry and crafts by many people creating various Celtic designs in their projects. Celtic spirals are second only to knot work designs as the symbols most associated with Celtic art. Like many other symbols associated with ancient Ireland, spirals held special meaning for the people who lived in Ireland. Hurricanes are also formed in the shape of a spiral. The eye of the hurricane is the center point and origin of the hurricane, while the storm rotates out in a spiral shaped direction and moves across the land at various speeds. Where the hurricane originates, the general physics shows that there is typically little or nothing that binds the various spirals that have formed. The spiral shape, in which the hurricane moves, shows the shape of the earth’s spin in its rotating pattern. There is a remarkable connection between avian flight patterns, stormy weather and the pinwheel. Each of these has a similar pattern which represents the shape of the spiral in their designs. Each demonstrate movement in their outwardly direction of movement. In the Golden Ratio, we can also see that there is an expanding nature of what is termed as logarithmic, and it is not to be confused with other spiral shapes. The logarithmic spiral is a familiar shape in things that grows and logarithmic spirals appear in various forms. Spirals appear when a falcon dives in a forward motion in gaining his prey of choice. This spiraled flight pattern shows a constant pattern while the birds maintain an angular flow as he dives. This pattern allows the falcon to keep a constant watch on his target. Galaxies, along with animals, plants and hurricanes, share in the similar design. They all share the equal trait in their shapes, where they show a spinning motion of movement in their forms. It is shown that galaxies rotate in the spiral direction which raised the question of why and in which direction it flows. It is understood that it does probably originate from a center point but the direction is unknown. It is often thought that it moves in the same direction as matter in the development of the creation of the universe and its surroundings. Astronomers don’t exactly know for sure why and how the galaxies, such as the   Milky Way were formed, but they had an initial amount of angular momentum, which gave the spinning motion and causes the Milky Way to get its spiraled arms. Mindel Sitomer (Mindel, 1974) explains and defines spirals and discusses the usage of spirals in many areas of their usage from creating one‘s own projects of art, explaining the nature of plants and animals and in exploring the universe. Using the spiral design is a unique way of demonstrating movement and showing direction and representing endless motions in many areas.

Hume's Philosophy about reason and Passion Essay

Hume's Philosophy about reason and Passion - Essay Example Hume’s philosophy about Reason & Passion David Hume was a historian & philosopher in the mid of 18th century from Scotland. Born on May 7, 1711 & died on August 25, 1776, Hume was one of the most important philosophers of that time & is regarded with many great western philosophers of modern times. He was famous for his philosophical ideas about human empiricism & skepticism. He purposed the ideas of passion that they drive human beings rather than logical reasoning or thinking. Hence he was a contemporary of Rene Descartes, a French philosopher of 17th century, who argued that human mind is a thinking thing & it follows the logical reasoning about everything. Hume was strongly opposed to this idea of presenting human minds & he tried to establish a new & natural science about psychology of human nature. In his famous publication â€Å"A Treatise of Human Nature: Being an Attempt to introduce the experimental Method of Reasoning into Moral Subjects†, he argued that the real force which is responsible for all human activities is their desires or passions about something. Whenever anyone tends to pull towards something, it may be money or a loved one or anything else; he makes every possible chance to accomplish the goals. Reason cannot be wholly or completely the driving force, it is a part of passion or in Hume’s own words, â€Å"a slave of passions†. ... The knowledge which humans take by their experience helps them to decide what is right & what is wrong for them. In the lights of all these combined perceptions, anyone becomes able to find the right way towards success & achievements. He regarded passions as the treatment of free wills & emotions & that the moral ethics are based upon the feelings not upon the moral principles. According to him humans do not bother any kind of rules when it comes to a peculiar situation, neither they follow the logical reasoning according to the circumstances, but they follow their instincts & senses & behave accordingly. Unless the passion is not build on any false concepts, like such thing which do not have any existence, for example fear from ghosts or such things which usually don’t come in our way; it is the thing which determines what to do & what not. Hence passion can never be unreasonable since every person has his/her own logics to justify his/her passion about anything or anyone (H ume. 1739). Many scholars of that time harshly condemned this idea of Hume. They said that it is impossible not to have any kind of moral ethics or a set of rules described for the humans. In this way, any human being will do whatever he/she will want & the world will become a place where only desires are fulfilled at any cost. This also goes in the opposite way of religion since it addresses not to obey only passions but moral ethics & reasons determine one’s path to follow. They also claim the text to be very abstract & meaningless & as a combination of jumbled words. However, many scholars & philosophers of today’s time also consider his treatise a modern work in philosophy & name him as

Hong kong disney land Essay Example | Topics and Well Written Essays - 750 words

Hong kong disney land - Essay Example One of the most essential entry approaches for Disney is to work with foreign governments where they want to open theme parks because the latter can provide various kinds of incentives. France, Japan, and Hong Kong all provided different incentives to attract Disney into opening its theme parks in its countries. France offered $1 billion worth of various incentives (â€Å"Case Study,† n.d.), while Hong Kong paid for more than 80% of the $2.9 billion initial expenditures of the Hong Kong Disney project (Einhorn & Balfour, 2009). Furthermore, it helps Disney that the foreign country is a partner in the venture because the risks are distributed and the country can provide cultural knowledge and skills that Disney may lack. For instance, in Hong Kong, the government holds 57% share in the joint venture (Einhorn & Balfour, 2009). As a business partner, the government reduces risks on the part of Disney, wherein losses were distributed between it and the government (Einhorn & Balfou r, 2009). The government also offers expertise in local market knowledge to Disney, thereby providing real-time, relevant knowledge to Disney, so that it can properly adapt its marketing mix to local markets (â€Å"Case Study,† n.d.). In addition, the government can provide the infrastructures needed for expanding the theme park. Hong Kong Disney wants to expand its park, and right now, it is waiting for the government to finance part of the expansion (Einhorn & Balfour, 2009). Hence, Disney reaps diverse economic, social, and cultural advantages in working with governments as partners. As for Hong Kong Disney, the Chinese apparently had problems understanding and applying international norms of behavior. China is a large market with different dialects and cultural norms. Disneyland imposes universal cultural rules and guidelines, which the Mainland Chinese, for instance, cannot easily follow, such as not spitting and urinating in its areas and not smoking in prohibited locat ions (Ren, 2013, p.42). Some of the Chinese cannot understand these international norms of behavior because they clash with their local cultural norms. In other words, what may seem international might be tremendously conflicting with local habits and practices (i.e. Many Mainland Chinese do not think that spitting anywhere and urinating in public areas are supposed to be unethical or unlawful). In addition, it is critical for Hong Kong Disney to help the Chinese understand international norms of behavior because Disney aims for universal brand equity. Disney seeks to have a strong global brand, where entertainment is attained through an appeal to magic and the international connection of people across cultures (Tuleja, 2009, p.142). Disney wants tourists, whatever Disney theme park they might be in, to feel that Disney is in each location, which means that expectations across theme parks in terms of norms and practices must be standardized to reduce negative surprises and negative brand associations. Disney has a large stake, thus, in standardizing international norms of behavior for the benefit of its brand and its notion of international markets. After discussing international norms, the next points to be discussed are two issues in Hong Kong Disney’s current operation, primarily falling revenues and expansion funding issues. At present, Hong Kong Disney’s revenues are not stellar. Hong Kong Disneyland's numbers have been disappointing. It sold 4.27 million tickets in 2007, which dropped from 5

To find how the rate of reaction Essay Example for Free

To find how the rate of reaction Essay Results analysis This set of results appear, on the whole, to support my hypothesis. There is a general trend where the higher the concentration of the hydrogen peroxide, the faster more oxygen gas is produced. More oxygen gas would be expected to have been produced with the higher concentrations of hydrogen peroxide because as the concentrations go up, the more oxygen is produced and this is how the strength of the hydrogen peroxide is measured. For example, 1cmiof 1V hydrogen peroxide will produce 1cmi. So, if we take the 10cmi 2. 5V hydrogen peroxide used in my investigation, if it had been left to fully decompose, 25 cmi oxygen gas would have been made. Therefore the 2. 5V hydrogen peroxide used in my experiment had fully decomposed, and no more oxygen gas could have been produced, which explains why the amount of gas produced levelled off at the end of the 5 minutes in which it was being tested. The hydrogen peroxide of higher concentrations continued producing gas after the 5 minutes in which I was timing the decomposition of the hydrogen peroxide was up. I could not measure past 100cmi of oxygen gas, as my gas syringe was not large enough. My hypothesis was that where there is a higher concentration of hydrogen peroxide, the rate of reaction is faster. We can see from my table and graphs that on the whole my results support this hypothesis. Saying this, there are still anomalous results. Having checked my 12. 5V hydrogen peroxide result twice, it was still a little slower rate of reaction than that of the 10V hydrogen peroxide (which I also checked twice). My results appeared to improve once I had checked them, although the results which I have plotted on my graph are averages of the two sets of results for each concentration of hydrogen peroxide. If there is an anomalous result, it will change the overall value of the averaged result, which can affect how accurately the results are shown. Other factors that can affect the results are: -That the experiment will not be timed accurately and that readings are taken at the wrong time, which gives an inaccurate result for that time. -The gas syringe did not work properly, for example if the gas syringe was broken or if it stuck, an accurate reading would not be possible as the pressure would build up inside the gas syringe until it moved. This wouldnt give an accurate result as the gas syringe would not show a different value every ten seconds. -The surface area of the liver used could also affect how well the experiment worked because if there were a greater surface area, there would be more area for the catalase to be in contact with the hydrogen peroxide, therefore more hydrogen peroxide would be exposed to the catalase in the liver. I would expect this to make the rate of reaction faster as there would be more catalyst readily available to speed up the reaction. -The size of liver used will affect the results, for example, if the size of one piece of liver was larger than another piece of liver used with the same strength and amount of hydrogen peroxide, the hydrogen peroxide containing the larger piece of liver will have a faster rate of reaction as it will contain more catalase. -Any error in measurement throughout the experiments in my investigation will affect the results in this investigation, for instance if the hydrogen peroxide was measured incorrectly, different results will be found which could possibly be anomalous. Most of these factors affecting my results are out of my control, such as whether the gas syringe is broken or the size and surface area of the liver (because it is almost impossible to weigh such a small piece of liver). The pieces of liver I used were only approximately the size of a grain of rice, although some were inevitable larger or smaller. Errors in my measurement, however, can be controlled and so I was very careful whilst measuring everything out and timing my experiments. Rebecca Allot 11Y Page 1 03/05/2007 Show preview only The above preview is unformatted text This student written piece of work is one of many that can be found in our GCSE Patterns of Behaviour section.

Boston Tea Party Essay -- essays research papers

The Boston Tea Party   Ã‚  Ã‚  Ã‚  Ã‚  Most people have heard about the Boston Tea Party. When American’s dumped British Tea in Boston Harbor. But not everyone understands the importance of it, and why the Tea Party is still remembered today. It was on December 16, 1773, when American patriots disguised as Mohawk Indians threw 342 chests of tea belonging to the British East India Company from ships into Boston Harbor. â€Å"The Americans were protesting both a tax on tea (the Townshend Acts) and the perceived monopoly of the East India Company (also the called English East India Company)† (Britannica p.1). The Townshend Acts were a series of four acts passed by the British Parliament in an attempt to assert what it considered to be its historic right of colonial authority through suspension of a recalcitrant representative assembly and through strict collection provisions of additional revenue duties. The British-American colonists named the acts after Charles Townshend, who sponsored them. â€Å"The Suspending Act prohibited the New York Assembly from conducting any further business until it complied with the financial requirements of the Quartering Act (1765) for the expenses of British troops stationed there† (Britannica p.1). The second act, often called the Townshend duties, and imposed direct revenue duties payable at colonial ports, on lead, glass, paper, paint, and tea. It was the second time in the history of the colonies that a tax had been levied solely f...

To Rule the Night

â€Å"To Rule The Night† by James B. Irwin English 10 2/14/09 â€Å"As we flew into space we had a new sense of ourselves, of the earth, and of the nearness of God. I sensed the beginning of some sort of deep change taking place inside of me† -James B. Irwin The author’s purpose in the biography, â€Å"To Rule The Night,† by James B. Irwin, is to inform the reader of his life, particularly his trip to the moon and how God opened doors for him to share the word with thousands of people. Also in his book he talks about his childhood and how his father was a big Air force addict which influenced him to join the military. He also talks about what happened when he got back to Earth, about all the interviews, and the famous Postage stamp incident that occurred between the crew and a German stamp dealer. (64)â€Å"†¦to show that our good postal service delivers any place in the universe, I have the pleasant task of canceling , here on the moon, the first stamp of a new issue†¦Ã¢â‚¬  Dave went on to sell all the new stamps to the German stamp dealer. I believe that he did achieve in informing me on his journey to the moon and his life. I did enjoy this book also I thought it was encouraging how he was saved, (60) â€Å"certainly God had been watching over us that day. † I think this book was meant for who ever was reading it because of all the interesting details, any kid could be interested in because he talks about living in zero Gs and how you eat with no gravity. (24) â€Å"All food containers were labeled A, B, C, D, E, and all meals were color-coded†¦. So if a meal floated by and you identified it as red, you could say, ‘Hey Dave you’ve lost your entree. Also for an adult because of the actual story of it the fact that he went to the moon and the maturity it was written in. It was appealing even from a Christian stand point because no matter where you are God can work in you. Well I believe the message I got from it was that God is everywhere and loves us enough to make the moon and all the stars. One of the themes that I noticed was he was a hard worker and was a respectful person. But I noticed a difference in him after he got saved; he was happier and was looking for opportunities to share the gospel. Well a element that contributed to the theme has to be the vastness of space, because how can you go into space and not realize how magnificent God is if this is just what He made. The tone of the book seemed to be a very experience filled life. He did well in high school, joined the military, went into the air force, became a pilot, joined the space program, went to the moon, and became a revived Christian. Well while reading the book some elements that helped me identify the tone was the detail everything was described, (48) â€Å"Of course, you are constantly dodging rocks and craters. You hit a rock and you are literally airborne. You just bounce into space, float for a while, and then come down. † I think first of all the authors purpose, like I said before was to inform us of his adventure, and the tone just goes along with it. He seemed to be a well educated man with great imagination and ability to retain facts, individual moments and tell it back to you so that you felt like you were right there with them. (33) â€Å"I wish we had such things as drops in space, but without any up of down, water doesn’t drop out. It just makes a blob, and the blob just keeps on getting larger and larger. The vocabulary was not hard to understand; almost anyone could have read this book really. But at the same time it wasn’t to simple to were you thought the book was for a child, (127) â€Å"My new home was a rambling wooden building up on the hill that must have been the old officers quarters back during World War 2. † There really weren’t an y unusual qualities, except that the way that the book was written. It started out with his journey to the moon, then his childhood and worked its self back up. The book had much detail and really did a great job of catching my attention. Also I enjoyed reading this book because I thought I was on the moon. But it wasn’t just that that caught my attention at the end of the book was the best part to me, (200) â€Å"There were 5000 in the audience, with the floor and aisles packed absolutely to capacity. I had a terrible stomach ache, and I asked the Lord to give me the right words and to give me strength. He really answered my prayer. About a hundred people came forward, and I felt that we had enjoyed a great experience. † Well, I think that, if you mean James B Irwin when you say â€Å"subjects†, he accomplished a lot in his life. That his life is an example that you can go to the moon and god still not be done with you. (203) â€Å"I have a sort of clarifying sense of uncovering Gods plan for my new life on earth. God has permitted me to live on top of the mountains, and when I have been cast down, He has brought me back on the tops of the hills again. Being able to give my testimony before people without fear, to share my spiritual voyage and to ask them to accept Jesus Christ, has been a tremendous experience for me. † He seemed to emphasized in the end of his book the importance of his wife and there relationship with God. 205) â€Å"The whole experience in the Holy land was the most inspiring to way to turn the corner of the old year into a new year for High Flight. The experience moved us and gave us a chance to rededicate ourselves to each other as a family and to our mission. † Well since the book was a biography there were many environments, when he was in space, on the moon, coming back , all the press, his child hood, his marriage problems, sharing the gospel round the world. But, something I noticed was he was never prideful or self centered, (180) â€Å"Frankly I do not care for all the fame and publicity†¦. A historical detail was, (18) â€Å"We knew that if we cleared the tower we had reasonable chance of survival if something should go wrong. I watched all the systems I was responsible for on my side of the spacecraft. We cleared the tower. It was almost the happiest moment of my life to realize that after all those years it was now my turn. At last I was leaving the earth. † I think that it has a major effect on him, (43) â€Å"There was a excitement of exploring a place where man had never been before, but the most exciting thing, that really moved me and touched my soul, was that I could feel Gods presence there. Something that I learned from him was that his NASA training was hard and he almost dropped out, (180) â€Å"I had been so program med I was like a robot. I had to eat, drink, sleep, and dream my work- I had to be saturated†¦. When I told Mary that I might drop out of the program†¦ † I learned from him, when he didn’t drop out, I learned that you have to persevere threw hard times. I want to join the Navy and I know that its going to be hard but it was herd for him and his wife, but he didn’t drop out or give up. The only main incident that he brings up in the end of the book was his relationship with his wife. He talk about how much happier they are together and that God has really helped them grow together. (205) â€Å"Mary is a lot closer to me bow that she has been-we have both changed a great deal, and she is tremendously reinforcing me. † It reveals that when it comes down to it none of his experiences matter to him, just him, his wife and God. (211) â€Å"Mary, you know, is the greatest nurse I could ever ask for. And she took care of me the way she did ten years before, after the crash. It has been an ideal relationship since I got back†¦Ã¢â‚¬  After reading this book I would say that God is great because, James Irwin had grown up in a Christian home but, never truly followed Christ until he went to space. Afterward, you see a huge difference in his life, and a growth of sincerity with his wife. I learned that I shouldn’t let my achievements or pride get in the away of my walk with God. And I think that James Irwin does a great job of setting that example. I chose this book because I was curious to what it was like to go to space and how it would affect someone if they did. Plus I didn’t really know too much about the Apollo missions and what they did. Some ways that I relate to him is my stubbornness; he was stubborn to his physical welfare, and im stubborn about my points of views. He told the press in his book that he never was physically fatigued while on the moon, but I remember him saying that he was on EVA2. Another way I relate to him is that he loved to fly. James B. Irwin wrote that he was depressed when he had his first heat attack because he couldn’t fly. I liked this book and really enjoyed reading it. I wasn’t too excited at first about reading a biography. But, it turned out to be a great book. A couple of reasons I like â€Å"To Rule The Night† was because of the detail he used to describe going to space, and how the book was geared toured God and trusting Him. One of my favorite parts of the book was when he described the living conditions of living in a no gravity environment. I like it because it’s different and unique; it’s not something you would find in any book. I wouldn’t change anything in the book it is well written and has much detail. I think anyone that is interested in the experiences of few, and how a Christian is suppose to live for Christ, would like this biography of James B. Irwin.

Fraud and Misrepresentation - Free Essay Example

Sample details Pages: 5 Words: 1445 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Review Did you like this example? CONTRACTUAL CLAIMS AND REMEDIES 1 Legal Remedies for Fraud or Misrepresentation In a Business Environment Introduction In the business world where deals are struck and broken daily it is important to understand what the requirements are from start to finish, however beyond the fundamental scope to the creation of the original terms contracts agreements there are other underlying principles that must be explored that makes a contract voidable or invalid. This paper will explore the those principles that go beyond the scope of the formation, now you can start getting into the meats and potatoes of a contract agreements and find out what makes a contract invalid, what is involved fraudulent misrepresentation that persuades a person or party to false enter into a contract, what the types of damages there are and the equitable remedies for those damages and lastly the common law doctrines used to dissolve contract claims involving fraud and/or misrepresentation. What constitutes an invalid contract? When there is a situation involving fraud and the facts do not match or are not in accordance with the declaration of the contract, then it is good chance misrepresentation or fraud is involved to trick the person into entering into a contract which by law makes the contract voidable to the innocent party. (Cheeseman, 2013) If this happens the innocent party has the right to cancel the contract, ask for compensation or accept the contract and sue for contract damages. (Cheeseman, 2013) The Business Law states there are four elements of that must be used to prove misrepresentation or fraud has occurred. Those four elements are: Don’t waste time! Our writers will create an original "Fraud and Misrepresentation" essay for you Create order The wrongdoer made a false representation of material fact. The wrongdoer intended to deceive the innocent party. The innocent party justifiably relied on the misrepresentation. The innocent party was injured. These four elements are what makes a contract invalid and voidable, whether orally or written and for these assertions to be enforceable as misrepresentation a preexisting or contemporary material fact played an important role in provoking the innocent person or party into a contract. (Cheeseman, 2013) There are several types of fraud that an innocent party could claim if the facts presented in the contract indicate a breach has occurred. The most common types of frauds in which a person or business may encounter involving fraud are the following: Fraud in the inception Fraud in the inducement Fraud by Concealment Silence as Misrepresentation and Innocent misrepresentation Undue influence and duress that can arise in the business context When there is situation when a person or business is incoherent to contractual terms of a contract agreement, but the other party knows about the terms of the contract agreement than according the Business Law defines this as undue influence in à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦which one person takes advantage of another personà ¢Ã¢â€š ¬Ã¢â€ž ¢s mental, emotional, or physical weakness and unduly persuades that person to enter into a contractà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚  (Cheeseman, 02/2013, p. 228) In order for a contract agreement to legit, both parties must be mentally, emotionally, and physically coherent and competent to the terms of the contract agreement for it to valid, if not then makes the contract void. (Cheeseman, 2013) In order for undue influence to be proven as stated in the Business Law literature the two underlying factors must exists à ¢Ã¢â€š ¬Ã…“A fiduciary or confidential relationship must have existed between the partiesà ¢Ã¢â€š ¬Ã‚  (Cheeseman, 2013) à ¢Ã¢â€š ¬Ã…“The dominant party must have unduly used his or her influence to persuade the servient party to enter into a contract.à ¢Ã¢â€š ¬Ã‚  (Cheeseman, 2013) If a person or party is under duress, or put under pressure to perform or act because they were threatened or coerced into signing a contract, than the courts stipulate the there was no genuine assent to form the contract, as result this interpreted as fraud or misrepresentation, making the contract void, voidable or unenforceable. (Cheeseman, 2013) Types of damages and equitable remedies in contract cases In the case where there is breach of contract, the duty of care in which one party owes a duty to the other for performing an act is categorized into three levels complete, substantial, and inferior. (Cheeseman, 2013) Complete performance, also known as strict performance, occurs when the contracting parties fully execute the terms of contract as expected and required. (Cheeseman, 2013) Contract can be discharged Substantial performance, also known as a minor breach, occurs when the performance by a contracting party slightly deviates from complete performance of the contract. (Cheeseman, 2013) The non breaching party can recover damages Inferior performance, also known as material performance, occurs when a party fails to meet an and uphold to contractual obligations which hinders or destroys the very essence of the contract. (Cheeseman, 2013) Non-breaching party may either rescind the contract or recover restitution Non-breaching party may either affirm the contract or recover damages. Remedies for breach of contract are organized into two categories, monetary and equitable. Monetary damages include compensatory, consequential, liquidated, and nominal Compensatory Damages that compensate a non-breaching party for the loss of a bargain. It places the nonbreaching party in the same position as if the contract had been fully performed. (Cheeseman, 2013) Consequential Damages that compensate a non-breaching party for foreseeable special damages that arise from circumstances outside a contract. The breaching party must have known or should have known that these damages would result from the breach. (Cheeseman, 2013) Nominal Damages awarded against the breaching party even though the non-breaching party has suffered no financial loss because of the breach. A small amount (e.g., $1) is usually awarded. (Cheeseman, 2013) Liquidated An agreement by the parties in advance that sets the amount of damages recoverable in case of breach. These damages are lawful if they do not cause a penalty. (Cheeseman, 2013) Types of damages In the case where a person commits fraud, the innocent party can file a motion for tort liability which they could ask the court for compensatory damages the failure to perform , punitive damages. Some states requires stipulates that an innocent party must choose either between rescinded the contract or sue for the damage. However, some states stipulated that the innocent party can pursues both rescission and damage remedies. An innocent party injured by fraud in a contract for the sale of goods a can choose both rescind and sue for liable damages. Equitable Remedies Equitable remedies are remedies available to the innocent party when there is breach in a contract where legal remedies are not satisfactory to compensation to prevent or dissolve unfair enrichment. Sale contractsà ¢Ã¢â€š ¬Ã¢â€ž ¢ requiring an owed duty to perform a certain act obligates the parties to conform to the specified terms of the agreement under the Uniform Commercial Code UCC-2-301 and 2A-301. Generally equitable damages include specific performance, reformation, and injunction. (Cheeseman, 2013) Specific performance A court orders the breaching party to perform the acts promised in the contract. The subject matter of the contract must be unique. (Cheeseman, 2013) Reformation A court rewrites a contract to express the partiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ true intentions. This remedy is usually used to correct clerical errors. (Cheeseman, 2013) Injunction A court prohibits a party from doing a certain act. Injunctions are available in contract actions only in limited circumstances. (Cheeseman, 2013) When those terms are breached the following remedies were instituted for sellor and lessor performance Right to Withhold Delivery Right to Stop Delivery of Goods In Transit Right to Reclaim Goods Right to Dispose Goods Unfinished Goods Right to Recover the Purchase Price or Rent Right to Recover Damages for Breach of Contract Right to Cancel a Contract When those terms are breached the following remedies were instituted for buyer and lessor performance Right to Reject Nonconforming Goods Or Improperly Tendered Goods Right to Recover Goods From And Insolvent Sellor Or Lessor Right to Obtain Specific Performance Right to Replevy Goods Right to Cancel a Contract Right to Recover Damages for No Delivery or Repudiation Right to Recover Damages for Accepted Nonconforming Goods Common Law Doctrine The à ¢Ã¢â€š ¬Ã…“common law doctrine is a contract law used by everyday people in which a contract or agreement was made that legally bin ds two parties to the agreement. Summary As stated in the Business Law literature, there are three requirements for a contract to exist, an offer, an acceptance of the offer, and consideration, which in this case all three are present. (Cheeseman, 2013) However for the contract to valid and enforceable, it must include an agreement between the two parties, reasonable consideration must given to perform and complete the contract terms, both parties must be mentally aware, knowledgeable capable of the terms of the contract or agreement they are entering from the beginning to the end, and last by law the contract must be legal to do according to federal and state statutes. (Cheeseman, 2013) Bibliography Cheeseman, H. (2013). Business Law (8 ed.). Pearson. Retrieved July 2014