Exclusion clauses

Exclusion clauses Introduction Exclusion clauses are generally found in contracts`. These types of clauses operate to exclude or restrict the rights of a party. For example, when a party to a contract wishes to limit their liability in the event that they breach the contract they will usually include an exclusion clause, limiting the amount that the other side can claim to a specified total. Sometimes, a party may include a provision attempting to exclude all liability for a certain thing that could go wrong. Exclusion clauses may also be called exemption or exception clauses. They operate for the benefit of one party to an agreement. It is always difficult for commercial contract drafters to know when an exclusion clause goes too far and might be stuck out as being unreasonable under the Unfair Contarct Terms Act 1977 (UCTA). On 15 April 2008 the Court of Appeal handed down its ruling in the case of Regus (UK) Ltd v Epcot Solutions Ltd overturning a High Court decision that had previously caused suppliers considerable concern. The Court of Appeal decision set out some important factors that may be taken into account in determining whether an exclusion clause is enforceable and to be held valid. The case concerned the reliance by a supplier of serviced office accommodation (Regus) on part of an exclusion clause in its standard terms of business. The part of the exclusion clause in question sought to exclude liability in any circumstances for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential losses. A further clause limited Regus liability for other losses, damages or expenses to  £50,000. The customer (Epcot) complained to Regus about defective air conditioning in the office, and when this was not fixed by Regus, Epcot stopped paying Regus the service charges due under the agreement. Regus brought proceedings against Epcot for the amounts due to it, and in response, Epcot argued that the failure to provide air conditioning amounted to a breach of contract and counterclaimed for loss of profits, loss of opportunity to develop its business and distress, inconvenience and loss of amenity. In order to defeat part of Epcots claim, Regus had to show that the Exclusion Clause was enforceable in particular that it was reasonable under the Unfair Contract Terms Act 1977 (UCTA). In a High Court judgment of May 2007, the court had ruled that although in theory it was entirely reasonable for Regus to restrict damages for loss of profits and consequential loss, the clause was unreasonable as a whole as the exclusion was so wide that it effectively left Epcot without a remedy for a basic service such as defective air conditioning. It was therefore unenforceable, leaving Regus exposed. Regus appealed on the grounds that the High Court judge had been wrong to say that the Exclusion Clause was unreasonable under UCTA and that it should be entitled to limit its liability in that way. The Court of Appeal agreed with Regus and reversed the High Courts ruling. The purpose of UCTA is to protect contracting parties (particularly consumers and business parties contracting on other business parties standard terms of business) from onerous contractual provisions such as exclusion and limitation of liability clauses. UCTA imposes limits on the extent to which liability for breach of contract, negligence or other breaches of duty can be avoided in a contract. Where a clause is contrary to the mandatory restrictions set out in UCTA or is deemed by the court to be unreasonable, such a clause will be unenforceable. Amongst other restrictions, Section 3 of UCTA is particularly important in the context of business to business contracts where the supplier is dealing on its standard terms of business. This section provides that where a term seeks to exclude or restrict a suppliers liability for breach of contract, such a term shall only be enforceable to the extent that it satisfies the reasonableness test. Thus, according to Section 11(1) of UCTA, in order to pass the reasonableness test, a contract term must have been: . a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made. Schedule 2 to UCTA contains a non-exhaustive list of guidelines in assessing reasonableness, which in practice the courts apply when considering reasonableness in the context of Section 3 of UCTA. Such factors include the strength of the bargaining position of the parties relative to each other, whether the customer received an inducement to agree to a particular term; whether the customer had the opportunity of entering into a similar contract without the term, whether the customer knew or ought to have known of the existence and the extent of the term and whether it was reasonable at the time of the contract to expect that compliance with a term would be practicable. In addition, under Section 11(4) of UCTA, where a party seeks by contract to restrict its liability to a specified sum of money, the courts will looks at the resources available to that party to meet the liability should it arise and the availability of insurance cover. Clause 23 We are not liable for any loss as a result of our failure to provide a service as a result of mechanical breakdown, strike, delay, failure of staff, termination of our interest in the building containing the business center or otherwise unless we do so deliberately or a negligent. We are also not liable for any failure until you have told us about it and given us a reasonable time to put it right. You agree (a) that we will not have any liability for any loss, damage or claim which arises as a result of, or in connection with your agreement and/or you use of the service except to the extent that such loss, damage, expense or claim is directly attributable to our deliberate act or our negligence (our liability); and (b) that our liability will be subject to the limits set out in the next paragraph. We will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss. We strongly advise you to insure against all potential loss, damage expense or liability. We will be liable: Without limit for personal injury or death; Up to a maximum of  £1 million (for any one event or series of connected events) for damage to your personal property ; Up to a maximum equal to 125% of the total fees paid under your agreement up to the date on which the claim in question arises our  £50,000 (whichever is the higher), in respect of all other losses, damages expenses or claims. The meaning of in any circumstances Counsel for the defendant submitted that the words in any circumstances were apt to include liability for fraud or liability in respect of a deliberate attempt to damage the defendants business, this was held by the Court of Appeal to be the wrong approach to take. Lord Justice Rix Stated: Clause 23 as a whole does not purport to exclude liability (in the case of the losses identified in clause 23(3)) for fraud or wilful, reckless or malicious infliction of harm. Lord Justice Rix justified this approach on the following basis: Liability for fraud or malice or recklessness which is a species of either goes without saying: parties contract with one another in the expectation of honest dealing. In this sence it is important to distinguish between an intentional breach (which may fall within the in any circumstances) and the deliberate infliction of harm (which will not). On the present facts it could be said that the actions of the claimant were deliberate in the sense that they decided not to spend money on repairs to the air-conditioning system. But that is a long way from saying that the claimant acted with a dishonest or malicious intent to inflict harm upon the defendant. The conclusion of the Court of appeal on this issue suggest that the words in any circumstances should not be construed literally against the background of an expectation of honest dealing. Thus the words are unlikely to be held, as a matter of construction, to encompass liability in respect of the fraudulent, malicious or reckless infliction of harm. Available Remedies Judge Mackie held that clause 23 was too broad to be reasonable. He sp concluded for a number of reasons. First, he held that clause 23 deprived the defendant of any remedy at all for failure to provide a basic service like air conditioning in what is the business equilavant of an hotel, not the lease of flat. Secondly, he stated taht clause 23 provided an illusion of a remedy. On its face, clause 23 provider for a limitation of 125% of the total fees paid but when account was taken of the broad wording of the exclusion of financial losses, Judge Mackie stated that a business will eb unable to establish teh liability which the claimant seeks to limit. Damages for loss of amenity was held to be frail, remote and uncertain. The possibility of such a claim did not suffice to persuade Judge Mackie that the clause was reasonable. The Court of Appeals view was that, contrary to what the High Court judge had said, certain limited remedies were in fact available to Epcot and had not been excluded by virtue of the Exclusion Clause. In particular, Epcot could seek damages for the diminution in value of the services promised. The cost of relocating to alternative offices or the cost of replacement air-conditioning were other possible remedies. Assessment of Reasonableness Rix LJ then went on to consider whether the Exclusion Clause was reasonable in light of the fact that it did not exclude all remedies. Rix LJ decided that the Exclusion Clause was reasonable on the following grounds: as the High Court judge had said, in principle it was reasonable for Regus to restrict damages for loss of profits and consequential losses from the categories of loss for which it would become liable when in breach of contract;  § Epcots managing director was an intelligent and experienced businessman who was aware of Regus standard terms when he had entered into the contract and had contracted before on identical terms;  § Epcot had used a similar exclusion of liability for indirect or consequential losses in his own business;  § Epcot had sought to re-negotiate terms of the contract frequently and energetically, although not the Exclusion Clause;  § there was no inequality of bargaining power. Although Regus was the larger company, Epcot made use of and took advantage of the availability of local competitors of Regus in negotiations; and  § the Exclusion Clause advised Regus customers to take out insurance for the losses excluded by the Exclusion Clause. Rix LJ felt that Regus customers were better placed to insure themselves against their business losses rather than Regus to insure its customers. This was particularly the case as Regus customers would frequently change and Regus was very unlikely to be in possession of the level of information relating to its customers which underwriters would require in order to provide insurance. In addition, leaving customers to obtain such insurance would enable them to choose whether, how and at what price they would wish to insure against business losses. What is the effect of the Court of Appeals ruling? The Court of Appeal ruling will give some comfort to suppliers who had become nervous about excluding all financial losses in their standard terms of business following the High Courts ruling last year. The Court of Appeal has also provided some helpful guidance as to the sort of factors it will consider in assessing reasonableness. Although the facts will vary from case to case, as can be seen from the above, factors such as the parties bargaining strength, the sophistication of the buyer and the question of who is best placed to insure the loss will all be considered. Suppliers could also benefit from including wording in their exclusion clauses advising their customers to purchase insurance for those matters in relation to which the supplier excludes liability. Although the courts do not have power to rewrite an exclusion clause or sever words that make it unreasonable, here the Court of Appeal held that if the relevant exclusion clause had been unreasonable it could have been severed so as to level a related limitation clause intact. The two clauses, although not formally divided up into separate subclauses, were independent of each other and several different purposes. It is, however, clearly preferable for a drafter to separate out different elements of the exclusion into subclauses rather than to rely on a single all-embracing clause. The reasonableness of an exclusion clause will always depend on the circumstances of the individual case. In the Regus case, the fact that the customer clearly understood the exclusion clause had strong bargaining position and had sought to renegotiate some of the terms, together with the courts view that it was reasonable for the customer to insure against indirect losses, led the Court of Appeal to conclude that the clause was reasonable. In Watford Electronics Ltd v Sanderson CFL Ltd, S appealed against a decision ([2000] 2 All E.R. (Comm) 984) that two clauses purporting to limit liability in respect of a contract it had entered into with W were unreasonable in their entirety. The contract contained an entire agreement clause which stated that no reliance had been made by the parties on statements or representations made by them. Held, allowing the appeal, that the judge had erred in (1) failing to properly identify the scope and effect of the limit of liability clause since the clause did not attempt to exclude liability for pre-contract misrepresentation; (2) failing to treat the obligation agreed to by S in an agenda to the contract, to use best endeavours to allocate appropriate resources to the project in order to minimise potential contractual losses, as an additional obligation to those imposed by the standard terms and conditions, and (3) treating Ws own standard terms of business as irrelevant since they showed that W was well aware of the commercial considerations which would lead a supplier to include limit of liability clauses. This was directly relevant to determining whether such clauses were fair and reasonable having regard to the circumstances which were, or ought to have been known to or in the contemplation of the parties when the contract was made. In SAM Business Systems Ltd v Hedley Co, S, a software company, claimed the sum of GBP 310,510 in respect of the outstanding licence fee for a software system which it had supplied to H, stockbrokers. H counterclaimed substantial damages for alleged defects in the system. Immediately after the system went live H experienced serious problems with it and, a year later, ceased using the system without informing S. One month later, H gave S notice that it intended to reject the system. S subsequently issued proceedings against H submitting that its liability for misrepresentation and breach of contract had been excluded under the contract and, in any event, H had failed to give timely unequivocal notice of rejection pursuant to the process specified in the contract and at the time when H did give notice of rejection it had already gained substantial benefit from it. Held, giving judgment for S, that the exclusion clause fulfilled the requirement of reasonableness under the Unfair Contract Terms Act 1977 , Stewart Gill Ltd v Horatio Myer Co Ltd [1992] Q.B. 600 CA (Civ Div) applied. The parties were of equal bargaining power in terms of size and resources, it was a standard feature of the computer software industry to supply software only on stringent terms excluding all or virtually all liability and H had not even tried to negotiate more favourable terms, Watford Electronics Ltd v Sanderson CFL Ltd [2001] EWCA Civ 317, [2001] 1 All E.R. (Comm) 696 distinguished. Accordingly, notwithstanding that S had waived an entire agreement clause, S was not liable to H for breach of contract or misrepresentation and was entitled to the balance of the outstanding licence fee. If that conclusion was wrong, H had already gained an enormous benefit from using the defective system by the time it notified S of its decision to reject it. If H had had no computer system it would have gone out of business. Accordingly, H would not have been entitled to claim all its money back from S since it had had the benefit of 17 months service from the system, which it would not have had if it had gone through the process specified in the contract to recover its money. The reasonableness of the clause The narrower approach to the construction of in any circumstances combined with the concession that clause 23 did not prevent the defendant from recovering damages in respect of any diminution in the value of the services provided, had the effect of the undermining the approach which Judge Mackie had taken to the reasonableness of clause 23. This being the case, the court of Appeal held that it was entitled to take a fresh view of the reasonableness of the clause. It concluded that the clause was, in fact, reasonable. In so concluding, the Court of appeal had regard to a number of factors. First, it held that in principle it was entirely reasonable for the claimant to restrict damage to loss of profits and consequential losses from the categories of loss for which it could become liable when in breach of contract. Second, the chief executive of the defendant was an intelligent and experienced businessman who was well aware of the claimant standard terms when he entered into the contract and the defendants own standard terms of business contained a similar exclusion of liability in respect of indirect or consequential losses. Third, there was no inequality of bargaining power between the parties and there had been meaningful negotiation between them in relation to the terms of the contract. Although the claimant was by far the bigger enterprise, the presence of competitors who were also seeking to rent out space, gave to the defendant considerable negotiating in relation to the terms of the contrac t. Finally, the third paragraph of clause 23 advised the claimants customers to protect themselves by insurance for the losses with which paragraph was concerned. In the opinion of Lord Justice Rix, it would have been easier for the customers to obtain insurance against business losses than for the claimant to seek to insure against the range of losses that could conceivably by suffered by its customers. As Lord Justice Rix observed, If insurance is left to each business customer, that customer has full autonomy over whether, how and at what price he wishes to insure against business losses. If however, such losses have to be insured by Regus, then that autonomy is lost, and the expense has necessarily to be incurred and transferred to each customers on the form of the fees charged. On the basis of above, the Court of Appeal concluded that the claimant had proved that the third paragraph of clause 23 satisfied the requirements of the reasonableness test. Severance The final issue considered by the Court of Appeal concerned the severance of the third paragraph in clause 23, assuming it to be unreasonable. As has been noted, it was conceded by the defendant that the third paragraph ws severable from paragraph (and it had never been suggested that the fourth paragraph was unreasonable on its own terms). Lord Justice Rix stated that the concession was well made. While clause 23 was not divided up into separate sub-clauses, he held that it was plain that the fourth paragraph was independent of the third paragraph. He also noted that the fourth paragraph was a limitation clause rather than an exclusion clause and, as such, served a different purpose. The willingness of the Court of Appeal to countenance severance in this context is to be welcomed. It would be rather artificial to conclude that severance is only possible in the case where the relevant sub-clauses have been separately numbered. Separate numbering may be a wise step to take but, as the present case demonstrates, it is not mandatory. Whether separate paragraphing is necessary is another matter. It is probably not necessary but the fact that the clause is broken down into separate paragraphs is likely to be of assistance in demonstrating to the court that one paragraph is independent of the other and that the invalidation of one paragraph should not result in the invalidation of other paragraphs in the same clause.

Transformation in Song of Solomon by Toni Morrison Essay -- Song of So

  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  In Song of Solomon by Toni Morrison, the relationships between whites and blacks are a main theme. Throughout the whole novel Morrison adds her own opinions toward the race problems that the characters of Not Doctor Street experience. Poverty is another big issue in the novel and many of the main characters struggle financially. Money becomes a means of escape for many of the characters, especially Milkman and Guitar. For both men their quests for gold leaves them empty handed, but their personalities changed. Milkman’s quest was to be independent, especially since he was still living with his parents. Milkman however, was not poor. His family was considered one of the most financially comfortable black families in town. He was the spoiled son and it was galling but easy to work for his father, easy to be waited on hand and foot by his mother and sisters, far easier than striking out on his own. So his idea of freedom was not really one of working to suppor t himself, but simply having easy money given to him, and not having to give anything to anyone in return. It was his father Macon Jr. who informed Milkman of the possibility of Pilate having millions of dollars in gold wrapped in a green tarp that was suspended from her ceiling. The hidden gold was in Milkman’s opinion his only ticket out of Not Doctor Street, his way of having his own possessions, being free from his parents lending hand. For Guitar it was a way to escape and fund his Seven Days mission.   Ã‚  Ã‚  Ã‚  Ã‚  Though gold was the initial desire, Milkman was able to forget about his quest for money, because his quest for his family history eventually brought him more wealth and happiness than the gold ever would have. When Milkman gives up in his search for gold, he puts himself on a path to discovering his own self, who Milkman was apart from his family. This discovery is what allows him to â€Å"fly† or fall from the cliff at the end of the novel. Guitar however was not able to forget the gold; he believes Milkman has betrayed him so he sets off to follow and to murder his best friend. Poverty led many people like Guitar to join the Seven Days, a racial group that avenges injustices committed against African-Americans by murdering innocent whites. Why if racism and injustice towards blacks rather than economic injustice motivated the group, are all of its member’s poor?   Ã‚  Ã‚  Ã‚  Ã‚  Initially Milkman... ...is past, as well as the mistakes of the people in his community. Milkman fights the oppression much like his great grandfather does by rising above it, and by soaring over his own oppression. Since he used a non-violent stance I felt this could represent Martin Luther King Jr. who helped African Americans to rise above oppression as well. Although he doesn’t bring a change of masses, Milkman himself has changed, and through time he can show others how to ride the wind. Milkman helps to show that flying does not have to be seen as a physical action, but as an ability an individual has to make a life away from oppression, in a world that oppresses many. An individual flying in the novel is seen as a victory over all the obstacles one has to hurdle in life. It’s the character of the individual that determines whether or not you surrender to the wind and fly, or if you stay on the Earth wondering why things never change. Bibliography LeClair, Thomas. "The Language Must Not Sweat: A Conversation with Toni Morrison." Taylor-Guthrie 119-128. Rushdy, Ashraf H.A. "'Rememory': Primal Scenes and Constructions in Toni Morrison's Novels." Contemporary Literature 31.3 (1990): 300-323.

Economic analysis of deposit insurance Essay

Federal deposit Insurance Corporation was an institution set by government back in 1930s to protect depositors fund held by bank. In the great depression of 1930 most depositors lost their fund following the collapse of many banks. After the stock market crash in 1929, financial market was adversely affected and by March 1933 more than 9,000 banks had already failed and this facilitated establishment of FDIC. Henceforth it has been evolving and finding alternative ways of insuring depositors fund against potential bank insolvency. FDIC guarantees a specific amount of deposit and checking for member banks. Since it establishment FDIC paid depositors in 1988 following the banking crisis fueled by high interest rate, inflation, recession and deregulation in the banking sector. More than 200 banks were in a liquidity problem and FDIC had to intervene to settle claims by depositors. Role of deposit insurance in the economy The main purpose of deposit insurance is to create financial stability in the economy. Majority of people did not bother to check whether their deposit was insured under deposit insurance but following the current financial crisis which started in mid 2007 which saw many banks and other company becoming insolvent most people are  Ã‚  increasingly becoming aware of the role and importance of deposit insurance in the economy. The Emergency Economic Stabilization Act of 2008 temporarily increased the basic limit of deposit insurance from $100,000 to $250,000 (Robert, 2009). Advocates of free market view deposit insurance as part of government intervention in the market and criticize it on the basis that a competitive market is self regulating and will act to correct any deviation that occurs in the market. however the great depression of 1930s and the current financial crisis   has proved that the market is not always self regulating and therefore there is a need for government intervention as proposed by Keynes in order to correct deviation in the market. although the classical economist argued that   in a competitive market system price, wages and interest rate would automatically adjust to restore the economy to full employment levels there existed certain factors such as investment demand, money demand, union and monopoly power that inhibited the automatic mechanism assumed by classical writers. Keynes advocate for discretion fiscal policies given the failure of automatic forces as a counter cyclical device to oppose advance trends in business cycles. In period of massive unemployment and depression, expansionary fiscal policy was required by government to solve the problem in less time than automatic forces ever could (Stephen, 2008). Deposit insurance creates confidence among the public and avoid panic withdrawals as those occasioned in UK when information reached the public that northern bank was experiencing liquidity problem and many account holder were queuing to withdraw there money from the bank. During the current financial crisis where many bank were declared insolvent FDIC compensated many deposit holders who  would otherwise lost their deposit. This not only helps to maintain financial stability but also improve economic growth (Robert & George, 2006). Where people receive compensation they will be able to increase the level of spending on goods and services. This increase in aggregate demand forces supplies to increase output in order to satisfy the growing demand. Supplies will in turn require additional input in term of labor, material and capital which reduces unemployment and increase economic growth.   The graph below indicates the role that deposit insurance can play during economic crisis for instance the current financial crisis.

How has the Commercial Banking essays

How has the Commercial Banking essays How has the commercial banking industry transformed over the last fifty years? What are the forces behind such a transformation? Explain in light of environment, risks, profits, and regulations. Highlight the changes in the assets and liabilities of commercial banking. The commercial banking industry began to change drastically around the 1960s. Because the economy was growing rapidly so did the demand for loans. The commercial banking industry main challenge prior to 1960 was finding excess loans and after 1960 their main concern was finding enough deposits to satisfy this increased demand for loans. This increased demand for loans spurred competition among banks in that they tried to outbid each others deposit rates. In an effort to prevent this destructive competition the Federal Reserve passed Regulation Q. Regulation Q was the Federal Reserves way of imposing a ceiling on deposit rates which intended to promote stability among banks. However, one of the major downfalls of Regulation Q was its exclusion of market interest rates. When market interest rates went up money market instruments such as T-Bills and commercial paper became more attractive to investors, specifically Corporations. Because these high-quality borrowers decided to invest i n commercial paper banks were forced to lend to riskier individuals. Moreover, the financial landscape of the commercial banking industry changed largely in part due to the invention of Money Market Mutual Fund in 1971. This marked the beginning of the end for Regulation Q. Money Market Mutual Funds allowed small investors to pool funds to buy a diversified portfolio of money market instruments, such as T-Bills, commercial paper, and negotiable certificates of deposits (CDs). Before the availability of Money Market Mutual Funds it was virtually impossible for small investors to invest in these instruments because they were only sold in large den...

Similarities Between The Two Political Parties †Political Science Essay

Similarities Between The Two Political Parties – Political Science Essay Free Online Research Papers Similarities Between The Two Political Parties Political Science Essay The way our nation mourned the death of Ronald Reagan has not been seen since Kennedy’s untimely death. The number of people which paid their respects was astonishing and unforeseen. When we reflect on Reagan’s time in office, one word comes to mind. That word is â€Å"conviction†. It does not matter to us today if we agreed with Reagan’s policies. What mattered was he was the last president that stood for something. This is what we remember and respect. Since his tenure, we have had a president that wanted Americans to read his lips not his actions. Then he lost to a man which won the election with less than fifty percent of the vote and four years later, the man was re-elected with less than fifty percent. Then there was the 2000 election. Most people saw Florida as a fiasco, but the real fiasco was the candidates themselves. We had a compassionate conservative running against a moderate liberal, and their shared indecisiveness made Florida and the general election a fiasco. The Democrats and the Republicans presented candidates to entice moderates and the outcome was indecisive voting. Americans do not want to admit it, but mos t of us are moderate. People lean to the left on some issues and to the right on other issues. Any excessive opinions are usually rhetoric that is used to get attention. Even though Democrats and Republicans have many differences, they do not act their differences for fear of alienating voters resulting in indistinguishable candidates and a low voter turnout. There are vast differences between Democrats and Republicans in ideology, but they both lack confidence to act. In the article, â€Å"Public Participation and the Erosion of Democracy† Ralph Nader writes, â€Å" In eight years under Clinton/Gore, the Occupational Safety and Health Administration didn’t issue one chemical toxin control standard†¦.They gave a free ride to the nuclear industry, including not proposing any fuel efficiency standards improvements in eight years† (Public). The lack of toxin control, a free ride to the nuclear industry, and no fuel standards are what a Republican would do. The Democratic platform is pro-environment and pro-labor, but Clinton did not have the fortitude to enforce his party’s platform. The possibility of alienating a section of the voting public fueled his reluctance. In an interview with Steve Kopp, a reporter for The Plain Dealer’s Washington Bureau, he talks about tort reform and how Republicans in th e House got a bill on tort reform passed. Unfortunately, the Senate Republicans will not push this bill instead they have their own bill that has a lot of extras tacked on giving it no chance of passing. They do not want to upset any of their colleagues in the private sector which might be able to sue McDonalds when people spill coffee on their lap. Tort reform laws have been a major issue for the Republican Party; in addition, labor and the environment issues has been the same for Democrats, but their lack of action is a self-preserving tactic for re-election. In an attempt to expand their electorate, candidates modify their positions. Merill J. Adams writes, â€Å"As the Democratic candidate moves in the positive direction (to the right), he draws support away from the Republican candidate in the region near the midpoint between the two candidates† (Journal).This approach is used on both sides to centralize a candidate. According to Martin P. Wattenberg’s findings in his book The Decline of American Political Parties, from 1952- 1980, â€Å"The proportion of voters reporting that hey have voted for different parties in presidential elections has risen from 29 to 57 percent† (20). This strategy works, but the title of his book hints at the result. Wattenberg writes, â€Å"The growth in proportion of the ‘no preference’ response can be most plausibly interpreted as another indication of the declining salience of political parties in the American political process†¦Ã¢â‚¬  (Decline 49). When a candidat e centralizes his or her views, he or she loses distinction. Consequentially, voters are left with candidates with no conviction towards any issue, and voters have less enthusiasm for voting. Because candidates are indecisive in their political idealism, the outcome is a lower voter turnout. In his book, Where Have All the Voters Gone? Wattenberg writes, â€Å"The psychological approach has further identified the problem to be primarily one of a lack of motivation to vote, particularly stemming from party decline† (67). When political incumbents and challengers centralize their message, potential voters see this as voting for the lesser of two evils. Our recent presidential elections show that the candidates’ indecisiveness was reflected on the election results. When Bob Dole spoke at the 1996 Republican convention, he only mentioned his party twice, he did not mention the Democrats, and he made only a slight reference to his career as a Republican Senator. When Bill Clinton spoke at the Democrat’s convention, he used a similar strategy (Decline 221). Dole and Clinton down-played their party affiliations to further their centralized message, and as a result, a low turnout and minority vote won the election for Clinton. The first two presidential elections in 1960 had a turnout percentage of 62.4 percent; conversely, the two most recent elections had a turnout of 50.1 percent (Where 28). Wattenberg gathered the voter turnout data from the International Institute for Democracy and Electoral Assistance, and it illustrates the percentage of people that actually want to vote has declined. There is evidence to support that a low voter turnout can be linked to how hard it is to vote. Wattenberg writes, â€Å"It is reasonable, I believe, to infer that if voting is difficult for some of those who manage to vote that others must be discouraged from casting a ballot due to the complexity of the task† (Where 142). Regardless of the candidate’s message there is still stanch partisanship, and it is the driving force behind our democratic process. To deny it would be futile. From an article in the New York Times, John Tierney writes, â€Å"As moderates have become an endangered species in Congress and in state legislatures, the parties’ ideological divisions have deepened, and voters have realigned in response† (4.11) Those of us from working class families remember our parents view on political parties, and they were always distinctive. During the 1970’s, the general consensus was that Republicans were for the rich, and Democrats were for eve rybody else. This view has not changed a great deal, and party leaders are wise to these ideals. The tendency to be indecisive has taken a turn recently, and partisan attitudes have increased. It is an election year, so members of Congress need to strengthen their allegiance to their parties in order to maintain their campaign support. Steve Kopp says, â€Å"Most members of congress are moderates [but] there is no bipartisanship today†. Although he believes the majority in Congress is moderate, he acknowledges they have drawn proverbial lines in the sand to insure their position. John Tierney explains Congressional strategy he writes, â€Å"The only threat to incumbents comes from within the party, forcing them to appeal to partisan voters who dominate primaries† (4.11). They need to show their loyalty to insure campaign support in primary elections. The major issues of the day like the Iraq war have polarized the nation and its leaders. As a result, this upcoming elec tion will be a decision on decisive ideals and issues more than the recent past, but what will the winner of this election actually do? The two major parties in American politics have distinct differences, yet they do not decisively employ their diversity for significant change. They would rather use a self-preserving approach, or try to appeal to the broadest range of the electorate. The effect is they become impossible to differentiate, which has a negative consequence. The decline of voter turnout in recent times is the result of similar candidates representing each party. People have been voting for the lesser of two evils until this election year, and the promise of diversity between the candidates is a positive step. It is about time we have something we can truly stand behind or completely oppose. Those of us that promote voting and see it as a civic duty finally have solid issues that they can use to entice the voting public. All we need now is a leader that will follow up on the ideals that wins the election. Someone that stands up for his or her beliefs, bravely conveys those beliefs, and calls out adversity. Imagine going to vote without it feeling like a burden of some kind, but a chance to really feel like you are making a difference instead of an agonizing status quo. Work Cited Adams, J. Merill. â€Å"Voter Turnout and Candidate Strategies in American Elections.† Journal of Politics 65.1 (2003) Kopp, Steve. Telephone interview. 7 July 2004 Nader, Ralph. â€Å"Public Participation and the Erosion of Democracy.† Humanist 64.1 (2004) 20-25 Tierney, John. â€Å"A Nation Divided? Who Says?† New York Times 13 June 2004, late ed.:4.11 Wattenberg, Martin P. The Decline of American Political Parties, 1952-1996. Cambridge: Harvard United Press, 1999 Where Have All The Voters Gone. Cambridge: Harvard United Press, 2002 Research Papers on Similarities Between The Two Political Parties - Political Science EssayQuebec and CanadaMoral and Ethical Issues in Hiring New Employees19 Century Society: A Deeply Divided EraPETSTEL analysis of IndiaNever Been Kicked Out of a Place This NiceCapital PunishmentTwilight of the UAWAppeasement Policy Towards the Outbreak of World War 2Bringing Democracy to AfricaThe Effects of Illegal Immigration

Plastic Surgery Essay Example | Topics and Well Written Essays - 1000 words - 1

Plastic Surgery - Essay Example This ideal person is usually someone of a mid-20ish age, slender, with specific measurements and a certain good-looking charm. This limited view automatically rejects anyone with a larger bone structure or other ‘defect’ from being socially acceptable. Those who can both afford to purchase the ‘right’ look and who are fortunate enough to be a candidate for surgery are seen to have the ideal life. Their outward appearance automatically indicates they also have wealth, happiness and freedom. However, even for these people, this restricted view of the ideal has several negative effects on the individual as well as society. With so much attention given to the way a person looks on the outside as being the only social measure, there is very little room for internal characteristics to receive their rightful attention. People also spend so much time obsessing about the way they look that there is little time or energy for personal development. This shallow, obsessi ve view can be especially seen in the alarming numbers of teenagers, both male and female, seeking plastic surgery, because it can be potentially harmful to the individual’s psychological nature and physical health, and as it is perpetuated by their role models and peers and encouraged or supported by their parents and elders. As it becomes more socially acceptable, more people are turning to cosmetic surgery to enhance their bodies while they’re still attending high school. They are working to construct the ideal form without giving their bodies a chance to finish growing. Many adolescents (and the parents that allow them to seek these types of surgery) don’t seem to realize that plastic surgery is still surgery. Surgery of any type can have significant physical and physiological risks, especially when performed on bodies that have not yet completed their growth cycle. Although some parents might argue that a child has definitely finished growing, doctors have reported sending

Geography Essay Example | Topics and Well Written Essays - 500 words - 4

Geography - Essay Example now an ever-present danger of homogeneity and important cultural aspects of a nation are being gradually replaced such as the national language that is slowly being replaced by English. Europe today is considered an old continent in demographic terms. Most of European nations suffer from slower birth rates and longer lifespans due to advances in medicine. These two factors combined to make most European nations suffer from declining populations with profound implications for economic growth, its pension system and competitiveness. There is now a growing backlash against immigration to Europe from the outside as it undermines the respective national identities. This makes multi-culturalism a very tricky issue with most host countries. The recent killings in Oslo, Norway is symptomatic of the cultural clashes in which Europe is being gradually Islamized by the tide of immigrants who are attracted to Europes progressivism in its social, political and economic policies (Hegghammer 1). Asylum seekers abuse these policies and claim asylum status although not qualified; many immigrants simply want to avail the generous benefits provided by European countries. Some call fo r a counter-jihad. Recent internal migrations from those poorer countries do not solve overall population decline. Europe does not have a common culture except perhaps its social democracy today. Essay 2 – the breakup of the USSR and the collapse of the Soviet communist system has profound effects on its economy and culture. The shift towards the capitalist free-market economic system has left many former members of the Russian Domain struggling to adjust. Some countries that were lucky enough to have natural resources are benefiting from the new liberalization and privatization programs implemented to attract foreign direct investments to their countries. Examples are Ukraine (with a good agricultural economy and a manufacturing base that is quite robust) and some Central Asian countries like