The Impact of Digital TV on audiences and TV companies Essay Example for Free

The Impact of Digital TV on audiences and TV companies Essay Fifty years ago, TV was the new thing that would enhance our lives. Even up to this day, we still captivate ourselves to this evolving culture which has had such an impact to us. Just imagine if one of the worlds greatest events would not have been shown in TV (imagine people across America not watching the twin towers fall-what impact would it have on other people?). But these recent times, the advent of Digital Television is another step towards the progression of television itself. It opens a whole window of possibilities- more channels, more choices, better interactivity. Even the television companies itself will be given a new challenge by introducing this new technology to its current and future customers. It is up to them however to find the gap in the market to gain full advantage of Digital TV. When there is progression, so will be regression. Digital TV will not just catch on and be the next best thing instantly. There will be some people who will oppose to the idea and the companies will try and fight over viewing rights of channels. A recent Ofcom report said more than 60% of UK households now receive digital TV. With a digital switchover planned to take place from 2008-2012, should the government say yay or nay? Let us imagine ourselves when the digital switchover has taken place. What are the advantages and disadvantages of each? First off, let us discuss the advantages of digital TV. It has a great appeal to the majority of people. Even though the cost of gaining access to one is still expensive experts say that the price of present digital subscriptions and hardware will drop dramatically after a few years. However, the cheapest free view set-top-box presently is as low as à ¯Ã‚ ¿Ã‚ ½25.00. Another advantage is that digital TV could allow the audience to pause record their programmes without the use of tapes. It is also said to be quicker and simpler process than the old VCR. In line with digital TV, the actual television set is changing. There are now ones that are called HDTV (high definition TV). This technology coupled with digital TV provides us with high quality video and sound that is dramatically noticeable. In more simple terms, pictures and sound will have more consistency and less interference. Digital TV has also embraced the convergence of interactivity. Extra information and interactive features now accompany most programmes. Compared to analogue TVs teletext, digital TVs interactivity takes it to a new level. It is more user-friendly and makes the viewer more involved. There is even an electronic programme guide which gives you far more information about programmes content. This hands-on approach is what makes digital TV unique. Of course, these advantages over the audiences equate to the benefits that companies and the government get. At the moment, there are 3 main ways to go digital: Satellite (SKY, Canal +, RAI, etc.), Cable (NTL and Telewest) and Freeview. At the moment, Satellite access is ahead in terms of market share with 7.1 million subscribers (Sky subscribers), followed by 3.9 million homes supplied by freeview and 2.5 million subscribers get their digital TV through cable. These statistics suggest that competition is fierce at the moment. It said up to 1.5 million boxes had been sold in the lead-up to Christmas, with 190,000 sold in each of the two weeks before the holidays. There might be fierce competition, but this is deemed to be a healthy competition. There will be a time when existing sales are starting to tail off. The introduction of the switch off will be a seizing opportunity for them to increase their sales. These opportunities are enhanced services-which adds value to a subscription (or in the case of freeviews, a sharp increase in set-top boxes and HDTVs-which is already happening). Recently, Sky has recently offered a new free satellite service called Sky FreeSat. It allows access to 140 non-subscription channels for a one-off fee. Even the likes of BBC and ITV are to launch a free-to-view satellite TV service to cater for viewers unable to receive Freeview digital coverage-and to rival the monopoly that Sky has. Also, in line with the HDTV technology, the BBC aims to produce 100% HD programmes by 2010. The government will also have some advantages over the switch off. When all the analogue signals have been switched off, those signals could be sold to telephone, communications or aerospace companies to make use of the cleaned up space. The countrys image is also on the line. It essentially propels the country into the digital age in order to gain a more competitive advantage. Furthermore, there are more opportunities for a better efficiency of the operation of government services reducing costs and keeping down taxes. I have used the word majority because there are people who are not in full favour of digital TV. There are also drawbacks for the companies and the government. Digital is an all or nothing technology. The pictures are either crystal clear or absent. In heavy rain or snow an analogue signal might give a grainy but watchable picture. Digital signals are more robust and will tolerate a high level of interference but, when conditions become too bad, both the picture and the sound will vanish. In addition, because all the work is done by an internal computer, it sometimes makes mistakes and the picture can disappear in a maze of coloured squares or simply freeze on the screen. However, this trade off between pictures which might always be grainy and crystal-clear pictures which occasionally disappear will be preferable to most people. Digital provides just one channel from the set top box at a time (the same as existing satellite TV receivers). You cant watch one digital channel and record another unless you: 1. Have more than one set top box 2. Keep your existing analogue satellite receiver 3. Continue to use analogue terrestrial TV (as long as the transmissions last about 5 10 years is anticipated) In a survey, when asked to identify the disadvantages of digital television, a third (32%) state that it is too expensive, 9% that you have to pay for a subscription, and 8% that there are too many channels and choice. Also, the 40% who do not have digital television yet will discover that the present cost of service is not attainable in their opinion. Of course, without the funding that the BBC get from the TV license lowered, they would obviously look to increase the cost threefold. The increase in the number of channels isnt without disadvantages. For viewers, the absence of original programming can lead to a feeling of nothing being on across hundreds of channels. Event programmes are also under threat; virtually gone are the days when 30 million people tuned into the same programme. For channel owners selling advertising time is increasingly difficult. Niche broadcasters may be advantageous in terms of reaching a specific target audience but many have official audience shares of 0%. There was even a study made by Dr Jeremy Klein claiming that Millions of people are not using digital TV because they find it too confusing. He says that Elderly and short-sighted people find it laborious and demanding changing channels. It is said that two million people are affected by this problem. As a result, the elderly and people with low-income will be put off with this news. They feel that it will be better to stick with the old and what they are used to. Companies are also having trouble with the changes.

G.C.S.E English and English Literature Coursework Poetry Assignment Ess

G.C.S.E English and English Literature Coursework Poetry Assignment We have been set the task to compare the ways in which the poems I have studied deal with the passing of time. The three poems are â€Å"To his Coy Mistress†, â€Å"Ozymandias† and â€Å"To the Virgins to Make Much of Time†. All three of the poems clearly deal with the passing of time in different ways. â€Å"To his Coy Mistress† is about a man telling a woman that if he had all the time in the world, he would spend it with her. In the â€Å"To the Virgins to Make Much of Time† a man is trying to persuade a woman to make much of her youth with the time she is given. â€Å"Ozymandias† is about time in a different way by saying no tyranny can beat time like the statue in the poem. This poem is different to â€Å"To his Coy Mistress† and â€Å"To the Virgins to Make Much of Time†. It’s not about love or anything else to do with the other poems but the passing of time. In the â€Å"To his Coy Mistress† by Andrew Marvell the poet wants to persuade his coy mistress to have a fiscal relationship with him. Marvell splits the poem into three different stanzas, each one with a different purpose. The first stanza is an introduction, Marvell speaks about what he wants to do with the Mistress, he speaks about time, and how it is not on their side. The second stanza introduces that time is their enemy; he uses fear in this section to try and persuade her. And in the final section he changes the person in which he writes in he now talks about 'we', he speaks about how when the couple are together they can tackle the problem of time. This is very well thought out because it is clear what he wants, he splits up the stanzas effectively and makes the whole picture clear in your head, and this is a... ...o are about someone who has most of hers yet to come. However they use different tactics to show the passage of time to the reader, and explore how time lasts as long as a person does. The poets both use day tones to help them convey this, they are day the time that has or will pass. In Ozymandias the day is for something that was once hugely impressive but over time has deteriorated into nothing, whilst in the other two poems the mourning is for something that over time to come will lapse into nothingness – person’s life. I thought that â€Å"Ozymandias† was the most appealing. I think this because it’s different to the other two poems and sometimes different is better. It shows use that even if something is hugely impressive, over time it will deteriorate into nothing. I think it shows this in a very effective way and could appeal to many different people.

Karl Marx Philosophy Essay

Karl Marx is regarded as one of the greatest philosophers of the 19th century. He was born and raised in Prussia and got influenced by Ludwig Feuerbach amongst other radical Hegelians. Though he subscribed to the Hegelian belief regarding the dialectical structure and the historical inevitability, Karl Marx believed that the fundamental reality was to be found in the material base of the economy as opposed to the conceptual ideal found in philosophy. Marx graduated with a doctoral degree at Jena in the year 1841 after writing about the materialism and atheism of Greek atomists. He later moved to Koln where he established a radical newspaper known as Rheinische Zeitung becoming its editor. He later moved to France and Belgium where he practiced some journalism before he finally settled in England in the year 1849 (Kemerling, para 1). Here he lived in poor conditions and engaged in the study and development of his theories that cut across politics and economy. Karl Marx was of the belief that philosophy should be practical in order to change the world. This paper shall discuss the philosophical works of Karl Marx and how his work was regarded in the capitalistic society of the time. Karl Marx’s Philosophy Karl Marx’s work was primarily based on the economy. In his work that was published in 1844 entitled ‘Economic and Political Manuscripts of 1844’, Marx presents an argument that the circumstances of the current industrial societies usually leads to workers being alienated from their own labor. He reviewed a book by Bruno Baier, ‘On the Jewish Question’ and concluded that religion had great influence on the political situation in Europe at the time. He was of the view that Europe needed restructuring that could only be brought about through revolutionary activities. Marx went further to elaborate on his economic theories in subsequent works that included the ‘Capital’ of 1867-95 and ‘Theory of surplus value’ of 1862 (Kemerling, para 2). Karl Marx in conjunction with his colleague Friedrich Engels published their work entitled ‘The Communist Manifesto’ in the year 1848 which was aimed at initiating social revolution. In this work, the two focused on the struggles that are experienced between the social classes of the proletariats and bourgeoisies. It also elaborates on the distinction between the communism and other forms of socialist movements. This piece of work also proposes the various social reforms and encourages the laborers to revolt against the incumbent regimes (Kemerling, para 3). Karl Marx and the Historical Materialism Karl Marx’s take on the historical materialism was greatly influenced by Hegel’s argument that human history should be viewed based on the dialectical aspect. Karl Marx developed a link between the Hegelian dialect and the materialism of his time. To Marx, human history was influenced by economics. He argued that from the beginning of times, humans have never been motivated by ideologies but instead, they have usually been motivated by material concerns. This includes the need to eat and to continue to exist. This forms the basis for the historical materialism as propounded by Marx (Tucker, p 12). Marx observes that, initially humans used to work together and in unity, however, the development of agriculture and the issue of private property ownership spoilt the collective style of living. Agriculture and private ownership of property gave rise to the division of labor and differentiation in the society leading to different classes that were based on power and wealth. Eventually, all this led to social conflicts which are characterizing the capitalistic society in which we live (Tucker, p 15). Capitalism has worsened the situation by increasing the disparities between the haves and have-nots. Karl Marx postulated that the class struggles are inevitable given the historical forces which can not be controlled by individuals. He also claimed that capitalism came up with a new misery which he termed as â€Å"exploitation of surplus value† (German, para 18). Marx agitated for an economy that would involve the exchanging of value in commensurate measures. In this regard, Marx argued that the value of the laborers could be determined simply by their labor input in production of goods and services. Capitalism was seen as exploitative as it driven by profit motives and Marx argued that the profits originate from the surplus value that is produced by the laborers. Capitalism therefore was seen as having the desire to produce an unbalanced exchange system where they exchange less for greater value (Tucker, p 25). The communist manifesto This was compiled following a combined effort of Karl Marx and Friedrich Engels and published in 1848. The Communist Manifesto is regarded as one of the most influential political work to have ever been published. The writing of the Manifesto was commissioned by the Communist League and written by the two respected figures Marx and Engels and it provided the League with purpose and program of their duties. In this work, analysis of class struggles and problems associated with capitalism are well elaborated (German, para 6). The manifesto explains that historically, human society has been characterized by class struggles. These struggles become essential in determining the reorganization of work and way of life in general through a revolutionary means. In their view, Marx and Engels observed that in case the struggles fail to have a breakthrough, then the society is doomed to slide backwards instead of leaping forward. Historically, the society had been shaped with such struggles as observed in England in 1640s and France in the late 18th century where the bourgeoisies prevailed over feudalism. Engels and Marx theorized that the bourgeoisie’s revolutions were to spread in other parts of Europe hence ushering in a rapid growth in the forces of production. In return, there will be rapid growth of the working class which will in turn precipitate the proletariat revolution (Marx, Engels & Jones, p 45). Karl Marx and Engels believed that capitalism was in the process of establishing itself and causing destruction to the feudalism that had preceded it. The two believed that capitalism would later create the prerequisite conditions for the establishment of socialism. They believed that this was going to happen since capitalism was aimed at creating mass production and a revolutionary working class. The Communist Manifesto provides a sketch of capitalism development which is marked by the rise of towns during the Middle Ages, voyages that gave rise to merchant capitalism, and the growth of manufacturing sector that was meant to address the new market demands (Marx, Engels & Jones, p 48). The working class is described by Karl Marx and Engels as those who do not own the means of production. They thus earn their living through laboring for those with the means of production. They become enslaved to the machinery and their lives are dominated by exploitative processes. The workers then shall become collectively organized through trade unions and political organizations. The perennial struggle between the classes leads to solidarity and Marx and Engels believe that this class is the sure revolutionary class based on the position they occupy in the workplace. Since they hold the potential to run the production of wealth in the society, the working class is seen to be potential leaders of the revolution. The revolution that Marx and Engels anticipated was to result in a classless society as opposed to the previous revolutions that had only managed to lead to ruling classes being replaced by a small group of individuals. The revolution by the working class would abolish the stratified society to emancipate all the dispossessed (German, para 11). Conclusion According to Marx, individuals are born into the world in which they do not have much control. They are supposed to follow the conventional rules like everyone else. He however proposed a breakthrough to the predetermined nature of life by offering an alternative in the name of communism. Marx called for the overthrow of the bourgeoisies through the revolutionary activities of the proletariats or the laborers. The working class was called upon to unite and revolt against what he termed as oppressive capitalist regime. However, it can be argued that this utopian view of society was unachievable since naturally, the human society gets divided into the leaders and the followers. Even if the working class was to overthrow the bourgeoisie, there was going to be very little change in the social structuring contrary to what Karl Marx had believed. The laborers are bound to categorize themselves into different groups and the exploitation would continue to be felt amongst the different classes. Nevertheless, Karl Marx gave us a political philosophy which would later contribute immensely to the shaping of the world politics as communism remains a significant force in world politics. Work Cited German, Lindsey. Reflections on the Communist Manifesto. Retrieved on 6th May 2010 from; http://pubs. socialistreviewindex. org. uk/isj79/german. htm. Kemerling, Garth. Karl Marx (1818-1883). 2006. Retrieved on 6th May 2010 from; http://www. philosophypages. com/ph/marx. htm. Marx, Karl; Friedrich Engels & Gareth Stedman Jones. The communist manifesto. 2002. London: Penguin. Tucker, Robert C. Philosophy & myth in Karl Marx. 2000. New Brunswick, N. J. : Transaction.

Different Ways to Write the Letter A

Business Law Case Anaylsis Outline - 1068 Words

Outline I. General Facts a. Jennifer, William’s wife, has a friend Thomas who is a promoter for a corporation dealing with e-learning services that is in the process of incorporating and needs a real estate agent to purchase assets for which Jennifer has agreed to do. b. Jennifer found a property and was able to have the seller and the buyer sign all the necessary paper work for the contract to be sent off to be closed. i. The conditions of the closing were that there was no deposit to be paid but that a special clause was to be included. c. When the closing date arrived, Thomas, representing his un-incorporated business, did not have the funds. II. Facts relevant to legal issue a. The buyer was not able to fulfill the contract.†¦show more content†¦e. William stumbles upon Marks application and notices that the section asking if you have ever been arrested was not filled out. VIII. Ethical issue a. The ethical issue is whether William should inform his supervisor about Mark’s behavior and application mishap. IX. Analysis a. Know your facts i. Mark’s unethical behavior, lying on the application. b. State the issue i. Should William tell his boss? c. Analyze and support i. Utilitarianism – â€Å"Ethical choices that offer the greatest good for greatest number of people† (Ethics Textbook, pg. 8) ii. It benefits more stakeholders if he tells iii. None of the things that were spilled to William by Mark that night could make a good impression of him nor will it benefit the company as stated in the company’s code of ethics. d. Answer with logic i. He should tell his supervisor before Mark officially begins work. ii. Effects 1. Personal life – William/Mark relationship 2. William’s relationship with his supervisor 3. Mark’s potential relationship with his co-workers 4. The company’s image in and out of the workplace X. Conclusion/recommendation a. I recommend for William to tell his supervisor about the information that he learned about Mark at the pub in order to save himself from humiliation as well as the time and efforts lost by the company for bringing in an employee who is not ethically fit to work for the company. b. I had a personal incident veryShow MoreRelatedIpo : A Case Of Alibaba Ipo9878 Words   |  40 Pagesprocess – A case of Alibaba IPO ç ³ » åˆ « å› ½Ã©â„¢â€¦Ã¥â€¢â€ Ã¥ ­ ¦Ã©â„¢ ¢ ä ¸â€œ ä ¸Å¡ Ã¥ · ¥Ã¥â€¢â€ Ã§ ® ¡Ã§ â€  Ã¥ §â€œ Ã¥   Gabriela Garcia Soesanto æ” »Ã¨ ¯ »Ã¥ ­ ¦Ã¤ ½  ç ® ¡Ã§ â€ Ã¥ ­ ¦Ã¥ ­ ¦Ã¥ £ « Ã¥ ¯ ¼ Ã¥ ¸Ë† Prof. Ren Kang Yu Ã¥ ®Å¡Ã§ ¨ ¿Ã¦â€" ¥Ã¦Å"Ÿ 2015 Ã¥ ¹ ´ 6 æÅ"ˆ 8 æâ€" ¥ Study on IPO process– A case of Alibaba IPO A Thesis Submitted To International Business School of Beijing

Book Report on Silent Spring - 1394 Words

INTRODUCTION In the book Silent spring written by Rachael Carson we find a picture of Carson s deep concept about the connection between nature’s equilibrium and the web of life that has been ruined by the uncontrolled use of insecticides which in turn affected the healthy livelihood of this earth’s creatures. Furthermore, she tells the readers of substitute techniques of achieving the same ends. The title of the book is enough to make us understand that it was a hint of a spring season with no bird songs painting our atmosphere meaning that all birds had vanished due to misuse of pesticides. DISCUSSION The book starts with a story of a town in America. Carson explains the town as being very beautiful and lively where†¦show more content†¦She tries to get across the fact that the aerial spraying campaigns to kill the gypsy moth in the northern states and the fire ant in the southern states were very much damaging, ineffective and also expensive. This incident had a chain reaction resulting in crop failure, hurting wildlife and also cattle products (such as milk) and vegetables were found having DDT and thus unhealthy for human consumption. Carson lets us know that people are a victim to daily chemical poisoning in even minute doses. She goes into the very details of domestic appliances and necessities. Carson talks about many things that don t seem to be much of a danger on a daily basis to a regular person. Things such as bug sprays, lotions, paints and varnishes, and even a pocket-sized insecticide dispenser are brought up to help demonstrate the everyday risks we encounter. â€Å"Only yesterday mankind lived in fear of the scourges of smallpox, cholera, and plague†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. Today we are concerned with a different kind of hazard that lurks in our environment—a hazard we ourselves have introduced into our world as our modern way of life has evolved.† According to Carson we have given rise to a new range of health problems because the air we breathe, the water we drink, the food we eat and everything else in our environment is polluted. As a result the totalShow MoreRelatedRachel Louise Carson and the Environmental Movement Essay1361 Words   |  6 Pageson government research and her profound love for nature to create literary works of art that would be read by millions. The difference Rachel Carson made in ecology and environmental conservation with the publication of her most famous novel, Silent Spring, would be one of the major important outcomes of the 20th century. Carson graduated from college knowing she wanted to be an author. Her first novel, Under the Sea-Wind, received positive reviews but was released a month before the attack on PearlRead MoreBook Review Of Rachel Carsons Silent Spring1687 Words   |  7 Pages2017 Book Report: Silent Spring On December 2, 1970, under an executive order issued by President Richard Nixon, the Environmental Protection Agency opened its doors as the eminent administering organization of federal environmental policy in the United States. It was the result of nearly a decade of grassroots activism and a new American conscientiousness about environmental issues. The impetus for much of this activism can be identified in a book published by Rachel Carson. Her book, â€Å"Silent SpringRead MoreA Comparison of the Legacy of Upton Sinclairs The Jungle and Rachel Carsons Silent Spring1725 Words   |  7 Pageslater, the publication of Rachel Carsons novel Silent Spring would invoke a similar, but changed response to the threat of DDT. Although both would lead to government legislation creating major changes, the original intentions of the authors themselves differed, as well as their satisfaction of the results. However, both still leave a legacy for today, as legislation still stands that refl ects the widespread reform that ensued. Both Silent Spring and The Jungle, would have wide reaching influencesRead MoreThe Obligation to Endure Essay1388 Words   |  6 Pagescontinues to be an integral part of our lives. Civilization brought knowledge, knowledge brought technology, and technology brought chemicals and pesticides to â€Å"improve† our world. â€Å"The Obligation to Endure† is an excerpt from Rachel Carson’s â€Å"Silent Spring,† a passionate and masterful work on the results of civilization’s efforts to control pests and insects. These effects include destruction of the environment, alteration of gene structures in plants and animals, water contamination, and an upsetRead MoreSilent Spring, By Rachel Carson1823 Words   |  8 Pagesposed to people and the environment. For example, when DDT is repeatedly sprayed, toxic amounts begin to accumulate in the environment. Rachel Carson, a marine biologist, was greatly concerned abo ut such dangers, and wrote Silent Spring to raise public awareness. In Silent Spring, Rachel Carson brought awareness of such dangers, reporting that even small doses of pesticides applied regularly can build up to enormous quantities over time. Once accumulated, pesticides present in the environment poseRead More Rachel Carson’s Silent Spring and the Beginning of the Environmental Movement in the United States2916 Words   |  12 PagesRachel Carson’s Silent Spring and the Beginning of the Environmental Movement in the United States When Rachel Carsons Silent Spring was published in 1962, it generated a storm of controversy over the use of chemical pesticides. Miss Carsons intent in writing Silent Spring was to warn the public of the dangers associated with pesticide use. Throughout her book are numerous case studies documenting the harmful effects that chemical pesticides have had on the environment. Along with these factsRead MoreThe Power of the Printed Word697 Words   |  3 PagesThe Power of the Printed Word 1) Uncle Toms Cabin was a highly influential book on Englands view of American slavery in the Deep South. This novel promoted abolition and intensified sectional conflict between the north and south. 2) The Declaration of Independence formalized the colonies separation from Britain and laid out the Enlightenment values (best expressed by John Locke) of natural rights to life, liberty, and the pursuit of happiness upon which the American Revolution was based. Read MoreTuskegee Syphilis Experiment : Tuskegee Experiment1532 Words   |  7 Pagesseven participants from the experiment. Based from this experiments, The Belmont Report Ethical Principles and Guidelines for the Protection of Human Subjects of Research was submitted in April 18,1979 to †¦Ã¢â‚¬ ¦.? (â€Å"Impact,† n.d.). Institutional Review Board. On September 30, 1978, the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research submitted its report entitled â€Å"The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of ResearchRead MoreDdt : A Highly Effective Insecticide Kills Mosquito, Louse And Other Crop Pests Essay790 Words   |  4 Pagesyear. Although some scientists had concern about the extensive use of the pesticide, public kept ignoring DDT’s harm until 1962, when Rachel Carson published Silent Spring – a book that pointed out occurrence of toxicological problems and emphasized insecticides, including DDT, were chief culprits of the problems (Carson, 1962). Silent Spring aroused a hot debate controverting the common view at that time that these chemicals were harmless. This contestation jeopardized some people – including theRead MoreSilent Spring, By Rachel Carson1487 Words   |  6 Pagesâ€Å"On earth, the history of life is always the history of the interaction between biology and environment. To a large extent, the natural forms and habits of the plants and animals on the earth are shaped. â€Å"Said Rachel Carson, in her book silent spring, â€Å"In the environment of all invasion, air, soil, rivers and oceans are the most shocking pollution, and some of them even fatal pollution. Such pollution is largely irreversible. â€Å"The planet, which provides us food, water and shelters is being destroyed

Principles of Law Certain Elements †Free Samples to Students

Question: Discuss about the Principles of Law Certain Elements. Answer: Introduction: On account of the facts that have been supplied in this problem, the issue raises a valid contract exists between Josie and Sam. The reason behind this issue is that Sam visited Josie's studio and particularly like a painting for sunflowers. The price of the painting was mentioned as $900, but Sam made an offer t purchase it for $700. However Josie said he will not accept anything less than $800. Sam was ready to pay this price, but he asked Josie, if he could hold the painting for some time so that his wife may also approve the decision. Under these circumstances, Josie made an offer to sell the painting at a price of $800, and also agreed that the offer will remain open till midnight on Tuesday. However, on Monday, an art enthusiast visited the studio and offered to purchase the painting for $900. Therefore, Josie, sold the painting to Wendy and left a message at the answering machine of Sam. However, the answering machine was not working for last few days. On Tuesday, Sam finally decided to purchase the painting at the price of $800, and his wife also approved it. Therefore he made a phone call to Josie but the call disconnected before Sam could accept the offer. After one hour, Sam decided to post a letter to Josie in which he had accepted the offer made by Josie. Therefore the issue is if Sam as a legally enforceable contract with Josie. In order to decide the present issue, the principles of the law of contract need to be applied. In this context, it is worth mentioning that there are certain elements that are considered as being essential for the formation of a valid contract. If any of these essential elements is not present, the agreement between the parties is not considered as legally binding. The first such essential element is that of an offer. An offer or a promise of agreement should be present in a valid contract. The reason is that if there is no further, there can be no contract. Therefore, the first essential element is an offer. For the purpose of creating a valid contract, it is very significant that a party to the agreement should have made an offer (Sweeney, OReilly and Coleman, 2013). In order to make an offer, there should be at least two parties to the agreement. However, the law provides that an offer can also be made to world at large. This happened in Carlill v Carbolic Smoke Ball Co (1892), where the offer made by the company was considered to be an offer made to the whole world. In such a case, the offer can be accepted by any person who performs the conditions mentioned in the offer. In this way, and offer can be described as an invitation that has been communicated by one party to the agreement and the other, inviting the party to enter into a legally enforceable contract on the specified terms. In order to be considered as an offer under the contract law, it is required to be established that the offeror intended to bound by the offer (Harvey v Facey, 1893). At the same time, it is also very significant to distinguish an offer from a mere invitation to treat. The reason is that in case of an invitation to treat, offers are invited from the other party. Therefore, while the acceptance of an offer results in the creation of a binding contract, according to law an invitation to treat is not capable of being accepted as it is only an request for offers. An example of an invitation to deal can be given in the form of an advertisement (Graw, 2011). In the same way, the goods that have been displayed in the shops are also an invitation to treat even if a price tag accompanies the goods. The reason is that in such cases, the offer can be made by the buyer, who is willing to buy the goods. Therefore in such a case it is for the trader t o make a decision if he wants to accept the offer or not. This was held in (Pharmaceutical Society v Boots, 1953. On these grounds, the court stated in Fisher v Bell (1961) that the display of flick knives in the shop window along with their price does not amount to the violation of a law, which prohibited the sale of such knifes. Likewise, generally advertisements are also treated to be invitations to treat (Partridge v Crittenden, 1968), however, there can be certain cases where even an advertisement may be considered as an offer (Carlill v Carbolic Smoke Ball co, 1893). In the present case also, the paintings displayed in the studio of Josie, along with their price tag does not amount to an offer, but there will merely an invitation to treat. In this scenario, while making the offer to sell the painting to Sam at a price of $800, Josie had also written that the offer will remain open until Tuesday. However, he sold the painting to Wendy on Monday itself. Under these circumstances, the issue arises if the promise made by Josie to give offer open till Tuesday was legally enforceable or not. In this regard, the law provides that a promise to keep the offer open, cannot be enforced by the other party unless such promise is supported by consideration. In the present case, no consideration was supplied by Sam to support the promise made by Josie that he will not sell the painting till Tuesday. The relevant decision in this regard is that of Dickinson v Dodds (1876). In this case, an offer was made by the defendant to sell his house to the plaintiff. In this regard, the defendant made a promise that the offer will remain open until Friday. However, on Thursday, a third party made an offer to purchase the house and this offer was accepted by the defendant. Then the defendant requested his friend to go and tell the plaintiff that the offer was revoked. After hearing this, the plaintiff brings to the defendant's house on Friday morning with a view to accept the offer. Under these circumstances, plaintiff brought an action against the defendant seeking the specific performance of the contract. However, the court arrived at the conclusion that in this case the offer has been effectively revoked. The result is that no contract has been created between the parties. As a result, the court stated that there was no obligation to present on part of the defendant to keep the offer open until Friday. The reason given by the court in support of this finding was that no consideration has been provided by the claimant in exchange of this promise. Under these circumstances, the law of contract provides that the offeror can withdraw the offer at any time before the offer is accepted by the other party unless consideration h as been provided to keep the offer open (Latimer, 2016). Another issue present in this case is if the postal rule of acceptance is applicable in the present case, and it can be said that the offer needs to be accepted when Sam had posted the letter containing acceptance in the mailbox. As mentioned above, offer and acceptance are considered as the most fundamental parts in contract law on which depends the existence of the contract between the parties. However, the postal rule has been introduced as an exception to the universal rule related offer and acceptance. According to the general rule, the law of contract provides that an offer can be withdrawn at any time prior to its acceptance by the other party. Therefore, the general rule is that acceptance is considered to be communicated when it has been received by the offeror. However, the exception to the general rule is present in the form of the postal rule. In Adams v Lindsell (1818), the court came up with this rule. The question in this case was to decide when was the moment of the formation of the contract by post? As a result of the delay in the communication by post, the parties cannot be aware of the fact if the communication of the acceptance has been made or not. This resulted in a number of problems, a nd hence the court came up with this rule. This rule provides that when post has been contemplative as the means of sending the acceptance, the communication of the acceptance of the offers will be considered to be complete as soon as the letter containing acceptance has been posted. While in case of face-to-face communication, there is no uncertainty regarding the exact moment of the formation of the contract. In the same way, when instantaneous modes of communication have been used, this problem is not present. However in the present case, the postal rule cannot be applied and it cannot be said that the communication of the acceptance of offer made by Josie is complete the moment the letter carrying the acceptance of the offer was placed in the mailbox by Sam. The reason is that in the present case, before Sam could have accepted the offer, the same was withdrawn by Josie. He had already sold the painting to Wendy on Monday itself and left a message for Sam on his answering machine. Although Sam had not heard the message left by Josie, but in the present case, it was not available to Sam to accept the offer made by Josie to purchase the painting at a price of $800 on Tuesday. The reason is that the painting has been sold by Josie on Monday itself. In this question, the issue is if there has been a breach of contract, what other remedies that may be available to the other party. Damages and liquidated claims are the remedies available to an innocent party in the common law for a breach of contract. The damages awarded for a breach of contract and considered as a substitute for performance. As a result, they are intended to place the plaintiff in the same position in which he or she would have been if the contract was properly perform. Generally punitive damages are not awarded. It is also required that the loss should not be too remote from the breach and the non-breaching party should have done everything that we could reasonably do to reduce the damage suffered by it. Liquidated damages are available when there is a clause present in the contract, which provides that a particular amount of money have to be paid in case of a breach of contract, provided such sum does not amount to a penalty. Therefore in such a case the innocent party may claim this liquidated amount instead of the unliquidated damages. Equitable remedies: The main equitable remedies that may be available in case of breach are specific performance and injunctions. The remedy of specific performance can be described as an order directing the breaching party to perform the contract in a particular way. However such an order will be made only if adequate compensation cannot be provided by damages. Similarly, the remedy of specific performance is not available in case of the contracts related with personal service. Similarly, injunctions are the orders that direct the party not to do something, for example not to continue with the breach. It has often been stated that the application of the rule provided in Pinnel's case has resulted in hardships. Therefore, there can be certain circumstances where it may appear to the courts as unfair to apply this rule. For this purpose, it becomes important to examine the rule provided in Pinnel's case and also the impact it has caused on the notion of consideration. Therefore it has to evaluate the troubles associated with the application of this rule, the subsequent exceptions that were developed to deal with these problems and discuss the most important exception to this rule, promising estoppel and how it can solve the problems that may arise as a result of the application of Pinnel's Rule. According to the rule provided in Pinnel's case, it has been mentioned that the payment of a smaller amount does not totally discharged the debt obligation. The reason is that in such a case the promise made by the creditor not to sue for the balance amount is not supported by consideration and consequently, it is not enforceable by the debtor (Re Pinnel's Case, 1602). The court was of the opinion in Pinnels case that the payment of smaller amount on due date as the satisfaction of a larger amount cannot be treated as the satisfaction of the entire debt. However the court said that gifting a horse, hawk or a robe can be good satisfaction. The reason is that in such cases it can be planned that the horse, hawk or robe can be more beneficial for the petitioner as compared to cash. Under certain circumstances or otherwise it would not be accepted by the plaintiff in satisfaction of the debt. It was also stated by the court that the paying and accepting a smaller amount on a date before the specified date mentioned in the original agreement may also be treated as valid consideration, because the early repayment of debt is something more than the required under the original agreement. Sometimes, this rule is also known as the rule stated in Foakes v Beer (1884). Here a judgment was obtained against Foakes for debt and costs. It was settled by Foakes that the debt will be settled by paying 500 pounds and 150 pounds in half yearly installments. On the other hand, Beer, agreed that we will not take further action on the judgment. Ultimately, the amount of the debt was paid by Foakes, but Beer, tried to claim interest on the judgment debt that had accumulated as a result of the statues. Therefore the court stated that interest can be recovered by Beer due to the reason that the payment of a smaller sum cannot be treated as consideration for the assurance that further action will not be taken on the judgment. However, the rule provided in Pinnel's case has faced criticism for many years. These rules allow the creditors to revert on their promise and still assert the remaining amount. For example, in Couldery v Bartrum (1881), Jessel MR has stated that under the common law, a creditor can accept whatever thing as the satisfaction of the debt other than a smaller amount. Therefore, the creditor can accept the horse, a canary but as a result of an strange peculiarity of the common law, he is not allowed to take 19 shillings and 6 pence in the pound. The result is that the rule provided by the court in Pinnel's case has faced much criticism from the judges because it allows the creditor to retract from their promise to discharge the debt and claim the rest of the amount. As a result of this unpopularity of the rule, a number of exceptions were developed to this rule. These exceptions can be described as follows: When the creditor had agreed to allow a lesser amount along with something in kind, it is conceded that the debt is released; The payment of a smaller amount before the due date of the repayment of the debt provides a legally enforceable discharge to the debtor, provided the payment was made at the request of the creditor; Payment of a smaller amount at a different place, or indifferent currency can also act as a legally enforceable discharge if done at the request of the creditor; Any other act that is not required to be done by the debtor under the contract may also result in legally enforceable discharge of the debt; The defense of promissory estoppel As a result of the inconvenience created by this rule, which provided that the part payment of debt is not a valid consideration in return for a promise to forgo the whole debt, resulted in the creation of promissory estoppels doctrine. According to this doctrine, a person is not allowed to go back upon a promise that such person will not enforce strict contractual rights when the promisee had acted by relying on such a promise and will suffer a detriment in the promisor is allowed to go back on the promise. Such a case happened in Central London Property v High Trees (1947). In this case, Central London had let a block of flats in London to High Trees Ltd. During the war, it was difficult to fill all the flats. Therefore, Central London agreed that it will decrease the rent to 1250 pounds during the war. After the war, the building was fully let. Therefore, Central London was successful in claiming the rent at original rate for the last two quarters of 1945. However Dening J stated that if Central London would have claimed the rent at the original rate during 1942 to 1945, it would fail. The reason is that in such a case, it would be estopped from claiming their strict legal right for the full payment of rent by their promise to accept the lesser amount. In this way, although the rule provided in Pinnel's case is correct, but it has this much criticism from the judges. And as a result, several exceptions were developed to the application of this rule. References Graw, Parker, Whitford, Sangkuhl, 2015, Understanding Business Law 7th ed LexisNexis Butterworths Latimer, P, 2016, Australian Business Law CC, 2016 Edition. Stephen Graw, 2011, An Introduction to the Law of Contract, 7th Ed., Thomson Reuters. Sweeney, OReilly Coleman, 2013, Law in Commerce, 5th Ed., LexisNexis. Vermeesch,R B, Lindgren, K E, 2011, Business Law of Australia Butterworths, 12th Edition,. Adams v Lindsell ([1818] 1 B Carlill v Carbolic Smoke Ball co [1893] 1 QB 25 Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 Central London Property Trust Ltd v High Trees House Ltd. (1947) KB 130 Couldery v Bartrum (1881) 19 ChD 394 at 399 Fisher v Bell [1961] 1 QB 394 Foakes v Beer (1884) 9 App Cas 605 Harvey v Facey [1893] UKPC 1 Partridge v Crittenden (1968) 2 All ER 425 Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401 Pinnel's case (1602) 77 ER 237