Wednesday, January 22, 2020
Seeking Truth in A Dolls House :: A Dolls House Essays
Seeking Truth in A Doll's House. The characters, in Henrik Ibsen's A Doll's House, are hiding from each other and seeking the truth about each other and about life. The game of hide and seek that Nora plays with her children, she also plays with her husband. She hides her actions and her true personality from him. He also hides his life from her. Thinking that she would never even understand, he keeps all the business of their relationship secret from her. Although Nora hides from her husband, she also plays the role of seeker. Nora wants to seek out the truth of her life. Much of the play is a game of hide and seek. Excellent. Nora plays a game of "hide and seek"(Ibsen 506)* with her children. The simple game can be seen also as a symbol of real life in the play. Nora is playing hide and seek with the adults in her life. Nora is trying to keep something away from public knowledge and especially away from her husband. She hides the fact that she borrowed money to save his health. She was afraid that if Torvald knew that she had taken initiative to borrow money to help him that it would be "painful and humiliating"(Ibsen 501) for him. She knows that Torvald needs to feel in control of everything. So she hides her actions from him. Nora hides the fact that she has done something illegal from Torvald. She is given the opportunity to tell Torvald and maybe get his support or advise on the situation, and she lies to him to hide the truth. She claims that the reason that she does not want Torvald to fire Krogstad is that "this fellow writes in the most scurrilous newspapers...he can do [Torvald] an unspeakable amount of harm"(Ibsen 519). Nora hides the truth and replaces it with lies. Torvald does not know that if he fires Krogstad that the consequences will affect his whole family. Nora could have told him, but instead she decided to hide the truth from her husband. She also hides her own strength. She plays the part that she has come accustomed to, being the doll. The first time in the play that Torvald refers to Nora, he calls her a "little lark"(Ibsen 493). Throughout the play, he refers to her as a cute little animal, never with any word that might imply a situation of his peer.
Tuesday, January 14, 2020
A clockwork orange: chapter One Essay
One gets an initial impression of Alex and his friends from the first page: Alex says, ââ¬Å"There was meâ⬠¦ and my three droogsâ⬠. Immediately this suggests that he and his friends are close, like a gang, and this leads on to the idea of conflict. The closeness of Alex and his friends is elaborated upon throughout the chapter. He frequently uses the phrase ââ¬Å"The four of usâ⬠and, when speaking to Pete, Georgie and Dim, he says, ââ¬Å"Oh my brothersâ⬠. Their close camaraderie is summed up on page six, where Alex describes it as being ââ¬Å"usually one for all and all for oneâ⬠. Then he begins to describe three ââ¬Å"devotchkasâ⬠, whom one presumes to be members of a rival gang (the reader is told that Alex and his friends are ââ¬Å"malchicksâ⬠). There is no brevity in Alexââ¬â¢s description, and he goes into detail when describing the clothes and make-up. It is likely here that Alex has a certain respect for these gang members, indicated by his lengthy description of their bright uniforms, and by the fact that he speculates on the large cost of these uniforms. But there is also a clear element of mockery. This is especially apparent in the sentence ââ¬Å"These were supposed to beâ⬠¦ ââ¬Å", with an emphasis on the word ââ¬Å"supposeâ⬠. He is putting the credulity of the gang into doubt, debunking their claims. This is quite childish in some respects, and reminds the reader of his tender age. Alex and his ââ¬Å"droogsâ⬠also wear uniforms, and Burgess describes them in a way that makes them unique to those four ââ¬â by telling the reader what design each of the four had for their ââ¬Å"jelly mouldâ⬠, he is putting them apart from the rest of the world, giving them a uniqueness and style that no one else possesses. The uniforms are also a barrier between them and the rest of the world. This is also true of the ââ¬Å"maskiesâ⬠that the four often wear. As well as the more practical use of hiding their face from recognition, the masks separate the boys from the rest of society, making them stand out, and perhaps feel superior. Also, the outrageous costumes, to choose a better word, are a clear symbol of rebellion. It is ironic, therefore, that the boys wear them, as uniforms have always been associated with conformity. The language of the boys is the most successful at suggesting conflict with the outside. To begin with, the words are very harsh. Hard sounds, especially obvious with the many Ks, make the words infinitely more savage. The language used to describe other people is degrading: old women are ââ¬Å"ptitsasâ⬠and men are ââ¬Å"vecksâ⬠. The boys do not use this language when speaking to people who are not involved in gang warfare. To the man coming out of the library, Alex is polite and uses mostly understandable language. It is obviously because he is mocking the man, but it is also possibly because he would not understand (since it seems that he speaks normally). So this is their language, something they use to each other. This is a straightforward example of their conflict with the ââ¬Å"outsideâ⬠. But the language not only acts as a barrier between the four boys and the older members of society: it also acts as a barrier between the boys and the readers. For anyone starting the book for the first time, the words used are baffling, and it takes a lot of getting used to. What is more, Alex feels the need to explain what some of the words mean: ââ¬Å"â⬠¦ a rooker (a hand, that is)â⬠. It is at this point that the readers become, in effect, a part of the society that Alex is rebelling against. We are on the outside. Finally, the language is used in such an extraordinary way, that it alienates us even further. It is in some instances quite chilling. Words like ââ¬Å"pooglyâ⬠are very childish; the best example is ââ¬Å"appy polly loggiesâ⬠, which is some corrupted baby version of the word ââ¬Å"apologiesâ⬠. It contrasts the stark violence of the book, giving it an even more savage tone. It is a strange mixture for Alex to use, reminding the reader that he is young. Plus, not only does it make the reader aware of the conflict Alex has with society, but also the deep struggle that is going on in Alexââ¬â¢s mind. 1. What impressions are we given of the society and the environment presented in chapter one? Use examples. (10 marks) The first impression one gets when reading about Alexââ¬â¢s world is what an absolutely seedy place it must be. The ââ¬Å"Korova Milkbarâ⬠sounds very entertaining but rather run down, and one is informed that it is one of many ââ¬Å"mestosâ⬠. Obviously it sells milk, but reading further on, one is told that this milk is ââ¬Å"plus something elseâ⬠, that something else being hallucinogenic drugs of some sort. It is then that one gets an idea of the depravity of the society in which Alex lives. Alex then mentions what he and his friends do to obtain money: either they can beat someone up in an alley and empty his pockets, or they can ââ¬Å"do the ultra violentâ⬠on an elderly woman in a shop and steal the money from the till. One realises that, fairly obviously, something has gone wrong with the world in Alexââ¬â¢s time. Various violent and criminal topics follow, such as gang warfare and the description of a drug-induced ââ¬Å"highâ⬠. It paints a morbid picture of a world in which violence reigns supreme, where there are no rules any more and society has disintegrated. This is backed up by the fact that any kind of law enforcement is not mentioned until later in the chapter. These ââ¬Å"millicentsâ⬠are obviously not important and Alex and his friends can easily outsmart them. So, in effect, there is no law enforcement. Early on, the only indication that some sort of legal system exists is the fact that ââ¬Å"mestosâ⬠were not licensed to sell liquor (which does not seem to stop them any way). Another aspect of society that is not missing, but seems unpopular, is that of literature. Alex reports that ââ¬Å"newspapers {are not} read muchâ⬠ââ¬â whether this is because of illiteracy or just lack of interest, one is unsure. The Public Biblio, which is the derelict-sounding municipal library, was something that ââ¬Å"not many lewdies used those daysâ⬠. Again, the reason why is not clear. Owing to the other ââ¬Å"past-timesâ⬠of the day, namely ultra-violent criminal activities, it is likely that nobody is interested in literature any more. This certainly fits in with the way in which Alex and his friends persecute a man just because they saw him coming out of the library with books in his hand. However, there are references to institutions that seem very active in the Alexââ¬â¢s world. The first is the health service. A ââ¬Å"rozzâ⬠informs the gang that there have been ââ¬Å"two hospitalizationsâ⬠. The fact that the hospitals in Alexââ¬â¢s world are busy is blatantly obvious, due to the height of criminal activity. One is unsure of how efficient these hospitals are. In a State-run society such as this, one would imagine they were very inefficient indeed. The other institution that is still up and running is school. Alex himself tells us that he must go to school the following morning, and we later learn that this is a corrective school. Overall, the world in Alexââ¬â¢s day seems extremely bleak. Wherever Alex is, it is clearly a police state, where individual rights and freedoms do not stand for much. The older, and in some ways, unnecessary institutions, such as the library system and newspapers, seem to have lost appeal completely, presumably replaced by ââ¬Å"worldcastsâ⬠and ââ¬Å"Milkbarsâ⬠. It does not sound like somewhere anybody would actually want to live.
Monday, January 6, 2020
Your People Skills and a Career in Human Resources Management 2019
Do you have a big circle of friends? Do you love socializing and making more friends? Are you a people person? Do you take pride in the type of friendship you have developed and maintained? If yes, then you undoubtedly have the required expertise needed to communicate with and guide others. If you want to turn this great ability of yours into a rewarding career, you need to earn a degree in human resources. This will allow you to work in a position where you can put this aptitude to work. Employees are the basis of every organization. Individuals who have the ability to recruit, train and retain the employees are very much in demand. If you are interested in this field of management, you should be aware of theories of management and all the aspects of interacting with human resources. You will need a degree in human resources to give yourself the edge, the expertise and the confidence to accomplish in this arena. In the process make yourself invaluable and indispensable to your organization. .ud4cdbdd98578a9797b329f20bdc49112 { padding:0px; margin: 0; padding-top:1em!important; padding-bottom:1em!important; width:100%; display: block; font-weight:bold; background-color:#eaeaea; border:0!important; border-left:4px solid #34495E!important; box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); -moz-box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); -o-box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); -webkit-box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); text-decoration:none; } .ud4cdbdd98578a9797b329f20bdc49112:active, .ud4cdbdd98578a9797b329f20bdc49112:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; text-decoration:none; } .ud4cdbdd98578a9797b329f20bdc49112 { transition: background-color 250ms; webkit-transition: background-color 250ms; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; } .ud4cdbdd98578a9797b329f20bdc49112 .ctaText { font-weight:bold; color:inherit; text-decoration:none; font-size: 16px; } .ud4cdbdd98578a9797b329f20bdc49112 .post Title { color:#000000; text-decoration: underline!important; font-size: 16px; } .ud4cdbdd98578a9797b329f20bdc49112:hover .postTitle { text-decoration: underline!important; } READ Schools, Colleges, and Institutes of TechnologyThere is no need to sacrifice your current career in order to accomplish this objective. As there are a number of degrees and colleges which offer on line course in many sites that you can enroll in and earn the degree on your spare time. There is a list of major universities which offer human resources management courses on the website College-Pages.com. a few of the listed ones are University of Phoenix, Warren National University, and Capella University. A Master of Science in Human Resources Management is offered by the Warren National University. The curriculum is so planned as to ensure that students learn concepts and knowledge to face the real life challenges in the organization. Master of Science in Human Resources Management from Warren National University can be completed in 12-18 months. Other prominent courses are offered by Capella University. It offers a variety of degrees in human resources: Bachelor of Science (BS) in Human Resource Management, Master of Science (MS) in Organization and Management, Human Resource Management, PhD in Organization and Management: Human Resource Management, .u7d76f02cca780463113f8bf101db2854 { padding:0px; margin: 0; padding-top:1em!important; padding-bottom:1em!important; width:100%; display: block; font-weight:bold; background-color:#eaeaea; border:0!important; border-left:4px solid #34495E!important; box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); -moz-box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); -o-box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); -webkit-box-shadow: 0 1px 2px rgba(0, 0, 0, 0.17); text-decoration:none; } .u7d76f02cca780463113f8bf101db2854:active, .u7d76f02cca780463113f8bf101db2854:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; text-decoration:none; } .u7d76f02cca780463113f8bf101db2854 { transition: background-color 250ms; webkit-transition: background-color 250ms; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; } .u7d76f02cca780463113f8bf101db2854 .ctaText { font-weight:bold; color:inherit; text-decoration:none; font-size: 16px; } .u7d76f02cca780463113f8bf101db2854 .post Title { color:#000000; text-decoration: underline!important; font-size: 16px; } .u7d76f02cca780463113f8bf101db2854:hover .postTitle { text-decoration: underline!important; } READ RN to Bachelor of Science in Nursing 10 Highest Paying Nursing Specialties in ColoradoWorking and managing effectively people are some of the biggest challenges that are faced by any organization. If you take pleasure in this area of management, this could be a great opportunity for you. A degree in human resources will make you understand the fundamentals of dealing with people in a affirmative way, and be a leader in your organization. Related ArticlesHuman Resource Management TrainingConsulting in the Human Resources FieldHuman Resource Management JobsBusiness Practices and TheoryWhat is Human Resource DevelopmentYour Entrepreneurship in Your Enterprise
Sunday, December 29, 2019
Friday, December 20, 2019
The Teaching Profession Is Not An Easy Job Essay - 1807 Words
The teaching profession is not an easy job, especially since it involves educating the young minds of the 21st-century learners. Nevertheless, based on my experience as a pre-service teacher, for the past two years, I can firmly argue that the teaching profession is rewarding, mainly because both educators and students are capable of learning from one another. For that reason, composing a literacy autobiography is fundamental; an autobiography enables future teachers to think critically, as well as travel back in time to when he or she became a literate person. In fact, it also allows future educators to develop his or her belief system. A system that revolves around what a teacher values, believes and knows about reading and learning how to read (Vacca et al., 2015). Today, being literate is pivotalââ¬âboth in oneââ¬â¢s personal and professional life. In fact, oneââ¬â¢s daily life revolves around reading, writing, and verbal communication. Nonetheless, writing a literacy autobiography allows future educators to realize that they are, as well as will continue to construct personal, practical, and professional knowledge throughout his or her teaching career, this shows that teachers are well informed about the reading and learning to read process. Therefore, after reading, as well as analyzing the New Jersey Professional Standards for Teachers, I got the chance to realize that a literacy autobiography is an artifact that aligns with Standard Nineââ¬âProfessional Learning. When I think ofShow MoreRelatedTeaching is not an easy profession neither an easy job to do. The following conditions are some of900 Words à |à 4 PagesTeaching is not an easy profession neither an easy job to do. The following conditions are some of the cases that we faced as TP students in the school and how it was solved. The first case that we faced was fighting with classmates, two boys were joking with each other, it turned into a fight and the teacher immediately stopped the students and asked them to stand in the corner at the back of the class and then he talked with them after giving an activity to the other students. The second case wasRead MoreIn The Book, Careers In The Classroom By Sylvia Mei-Ling1328 Words à |à 6 Pagesto decide to stay or leave the profession. Through my reading, I learned about the profession and why people choose it, I recognized many issues and situations I did not yet know occurred in the classroom and realized how this information will help me in my future career. I learned that there are a lot of stresses placed on educators. The author described that inner-city schools find themselves to be one of the hardest places for educators when it comes to teaching. This is because these schoolsRead MoreEssay on The Teaching Profession1654 Words à |à 7 PagesThe Teaching Profession Becoming an educator, especially in recent years has been considered one of the most demanding yet rewarding professions in the work force today. Teaching, with its benefits and intellectual motives has risen to become one of the most sought after jobs in society. But even after taking such rewards into consideration, one might want to analyze how time consuming and emotionally draining teaching young people may turn out to be. Along with its rewards and demands, teachingRead MoreTenure, A Significant Reward Of The Teachers994 Words à |à 4 PagesOf The Teachers According to data gathered by the National Center for Education Statistics in 2015, there are about 50.1 million public school students and 3.1 million teachers in the United States. When the number of teachers is not enough for teaching requirement. We have to improve our teachersââ¬â¢ quality as well as academic freedom. Before tenure, teachers could be fired by personal, religious, race, political reasons, or the teachersââ¬â¢ public speak-outs. In the early 19th century, the NationalRead More My Educational Goals and Philosophy Statement Essay721 Words à |à 3 Pagessets people apart in the respect that it shows who wantââ¬â¢s to be successful and make a difference and who doesnââ¬â¢t. In being a teacher hardwork comes with the job and itââ¬â¢s important that the teacher understands that before going into the profession. It requires a lot of time and patience when a student needs it most, which isnââ¬â¢t always a easy thing to do when the situation is turbulent. Hardwork is putting forth the maximum amount of effort needed to ensure that all students have the right to an equalRead MoreThe Teachers Of The World882 Words à |à 4 Pagesand gain a broader knowledge of the world we live in. For many years, the teaching profession has been revered as a highly respected and widely sought after career, which provided instructors with a stable and supportive lifestyle. In recent years, the view of a teaching profession has changed in the eyes of prospective educators and this has left certain parts of the country scrambling to fill a wide array of teaching vacancies. These vacancies have had a severe impact on the qualifications andRead MoreThe English Language Drew Fascination From An Early Age1064 Words à |à 5 Pages Therefore, fulfilling the main desire of having a job that is doing things I enjoy for a third of employed hours or more. Education has always been a pre-requisite. I get bored easy with employment that does have a reoccurring intellectual stimulation. I enjoy a job that constantly requires one to expand their knowledge and do independent research. The project and prerequisite research will be invaluable in preparing for a competitive job field. Research for this progression has been an ongoingRead MoreThe Teachers Of The World951 Words à |à 4 Pagesand gain a broader knowledge of the world we live in. For many years, the teaching profession has been revered as a highly respected and widely sought after career, which provided instructors with a stable and supportive lifestyle. In recent years, the view of a teaching profession has changed in the eyes of prospective educators and this has left certain parts of the country scrambling to fill a wide array of teaching vacancies. These vacancies have had a severe impact on the qualifications andRead MoreHigh Amount Of Stress Specially The University Teachers1375 Words à |à 6 PagesOnce believed to be a low-stressed profession, ââ¬Ëteachingââ¬â¢ was the most pleasant occupation with less workloads and more flexibility. But today, studies reveal that the teachers undergo a high amount of stress specially the university teachers. Teaching is such a kind of unique pro fession in which the expectations of studentââ¬â¢s guardians are very high regarding to the studentââ¬â¢s educational progress, future carrier and about the establishment of the personalities of students along with education (WilsonRead MoreMax Webers Ideas on Characteristics of Professions: Profession of Teaching1598 Words à |à 7 Pagesanything we can dream up. Although this is true, Max Weber would argue that there are certain characteristics that define a profession. In his eyes the only ideal professions are medicine, law and priesthood. There are eight main points Weber makes each of which I feel can be applied to teaching (Bennet Le Compte pg. 150). The first thing on Webers list is that a profession is self-employed and provides a service to the community (Bennet Le Compte pg. 150). One way to disagree with this statement
Thursday, December 12, 2019
The Uniform Commercial Code free essay sample
First published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America. The goal of harmonizing state law is important because of the prevalence of commercial transactions that extend beyond one state. For example, goods may be manufactured in State A, warehoused in State B, sold from State C and delivered in State D. The UCC therefore achieved the goal of substantial uniformity in commercial laws and, at the same time, allowed the states the flexibility to meet local circumstances by modifying the UCCs text as enacted in each state. The UCC deals primarily with transactions involving personal property (movable property), not real property (immovable property) Firm offers (offers that cannot be revoked for a set time) are valid without consideration and irrevocable for time stated (or up to 3 months) and must be signed. Offer to buy goods for ââ¬Å"prompt shipmentâ⬠invites acceptance by either prompt shipment or a prompt promise to ship. Therefore, this offer is not strictly unilateral. However, this ââ¬Å"acceptance by performanceâ⬠does not even have to be by conforming goods. Consideration modifications without consideration may be acceptable in a contract for the sale of goods. Failure to state priceââ¬âin a contract for the sale of goods, the failure to state a price will NOT prevent the formation of a contract if the partiesââ¬â¢ original intent was to form a contract. A reasonable price will be determined by the court. Assignments a requirements contract can be assigned if the quantity required by the assignee is not unreasonably disproportionate to original quantity In 1980 the United Nations Convention on Contracts for the International Sale of Goods (the CISG) was introduced to create international certainty and uniformity in the law and to govern issues that arise in an international sale of goods transaction. This paper focuses on the international sale of commodity type goods and the ability of the CISG to govern contracts for the sale of such commodities. Commodity type goods comprise a broad range of products including grains, wheat, oil, soybeans, rice, cotton and chemicals. Commodities are characterized as being substitutable goods that are produced in bulk quantities by a large number of producers. As will be illustrated, commodity markets have many unique characteristics that distinguish the international sales of commodities from the international sale of goods intended for commercial consumption. The natural flexibility of the CISG warrants it a suitable instrument of law to govern contracts for the international sale of commodities, particularly given the contractual freedom and precedence afforded to parties involved in a sale by Arts. 6 and 9. It is an appropriate tool for use in a commodity sales contract, especially when applied to a contract that incorporates internationally recognized trade terms or standard usages into the contract. Interestingly, although the CISG is an apt and fitting instrument of law to govern international commodity sales, it is generally excluded in standard form contracts that instead opt for English law in arbitration and as the proper law of the contract. At present the CISG does not hold the same measure of reported judgments and case law that the United Kingdom retains on commodity sales, but it is more and more frequently being referred to in arbitration cases and national decisions. The CISG is capable of being developed and extended to meet the requirements of international trade in a uniform manner that cannot be accomplished by a single domestic law. Generally, the CISG applies only to contracts for the sale of goods between parties whose relevant places of business are in different Contracting States or when the rules of private international law lead to the application of the law of a Contracting State. Nations adhering to the Convention may exclude the latter basis of applicability, so you will have to check for declarations and reservations. Under the Convention, the fact that the parties to the contract have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract. Consequently, you should consider identifying the parties places of business in the contract in a way that makes evident the applicability or non-applicability of the Convention. The CISG is the product of a long process of development by legal and commercial experts. At this writing it has been adopted by 62 nations. When you are negotiating a sales contract choice of law clause, even if the Convention would not apply to your sales contract, it could be a suitable neutral ground between the law of your contract partners home and your domestic law. The ICC model contract incorporates the CISG with the intention that the Convention apply whether or not the countries of the seller and buyer have ratified it. Consider adopting the CISG as part of your contract, where it would not apply otherwise. You should be able to make the CISG part of your contract by using a choice of law clause. Domestic law will govern the validity of such a clause, but under usual conflicts of law rules, most often, choice of law clauses are enforceable. The laws of many nations differ as to whether contracts for the sales of goods must be in writing. Under the UCC, American law requires that contracts for the sales of goods of $500 or more be in writing. (Under proposed amendments to the UCC, the requirement would be increased to $5,000 and the requirement of a signed ââ¬Å"writingâ⬠would be changed to signed ââ¬Å"record. Writing requirements in common law countries date back to an act of the English Parliament in 1677. In 1954, however, the United Kingdom repealed its law. Under CISG Article 11, a contract for the international sale of goods ââ¬Å"need not be concluded in or evidenced by writing and is not subject to any other requirement as to form. It may be proved by any means, includi ng witnesses. ââ¬Å"This is in keeping with a basic concept found in the CISG: that the parties should have flexibility in contracting and as much freedom of contract as possible. The ââ¬Å"Battle of the formsâ⬠under the UCC: In the United States the mirror image rule has been modified by statute to deal with modern business practices and to avoid the problems in the preceding examples. Under subsections 1 and 2 of the original UCC 2-207: 1. A written confirmation that is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those in the purchase order, unless the confirmation ââ¬Å"is expressly made conditional on assent to the additional of different terms. â⬠2. If both parties are merchants, any additional terms contained in the sellerââ¬â¢s confirmation automatically become a part of the contract unless: a. The buyerââ¬â¢s purchase order ââ¬Å"expressly limits acceptanceâ⬠to the terms in that order; b. The additional terms in the confirmation ââ¬Å"materially alterâ⬠the terms of the order; or c. The buyer notifies the seller of an objection to the additional terms within a reasonable time after receiving the confirmation containing the new terms. A careful reading of UCC 2-207 shows that the UCC attempts to uphold the intentions of the parties by keeping the contract in existence where there are only minor differences between the forms used by the parties. The UCC states that, between merchants, an acceptance by a confirmation that contains additional terms that reflect only minor changes from the buyerââ¬â¢s order will be effective to produce a contract, and the minor terms become a part of it (unless the buyer notifies the seller of an objection to the new term). A minor term might be one that is in usual and customary usage in the trade. Adding a provision that calls for an interest penalty for late payment is an example of a minor term (only because such penalties are common in sales contracts). The battle of the forms under the CISG: The CISG rules fall somewhere between the rules set out by the common and civil law and the UCC. In an international sales transaction governed by the CISG, an acceptance containing new terms that do not materially alter the terms of the offer becomes a part of the contract, unless the offeror promptly objects to the change. However, a purported acceptance that contains additional or different terms that do materially alter the terms of the offer would constitute a rejection of the offer and a counteroffer. No contract would arise at all unless the offeror in return accepted all of the terms of the counteroffer. (Recall that under the UCC a contract would arise, albeit without the new terms). Continuing the previous example, no contract would be formed between DownPillow and Federhaus under the CISG, and Federhausââ¬â¢s new material term would amount to no more than a counteroffer. Unlike the UCC, the CISG states those key elements of a contract that will materially alter a contract: price, payment, quality and quantity of goods, place and time of delivery, extent of one partyââ¬â¢s liability to the other, and settlement of disputes. This list is so broad that almost any term could conceivably be interpreted as ââ¬Å"material. â⬠Thus, under the CISG, almost any new of different term in the acceptance could constitute a counteroffer. The effect is that many businesspeople may believe that they are ââ¬Å"under contractâ⬠when they really are not. Consequently, those businesspeople negotiating an international contract must make certain that all material terms of the contract are understood and agreed upon by the parties.
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