Upcoming scholarships and deadlines COLUMBIA UNIVERSITY - SIPA Admissions Blog

Upcoming scholarships and deadlines COLUMBIA UNIVERSITY - SIPA Admissions Blog The SIPA Financial Aid Office maintains a database of external funding opportunities, and we wanted to alert students to some upcoming application deadlines. For more external scholarship awards, visit our External Fellowships and Funding Sources  page. American Water Works Association Scholarships Requirements: Scholarships for students pursuing careers related to water supply and related fields Deadline: December 2, 2019 Margaret McNamara Education Grants Requirements: Applicants must be at least 25 years old at the time of the application deadline, a national of a country listed on the MMEG Country Eligibility list, enrolled for a full academic term after award and not related to a World Bank Group, IMF or Inter-American Development Bank. Deadline: January 15, 2020 Boren Graduate Fellowships Requirements: Applicants must be US citizens planning an overseas program that meets home institution standards in a country outside of Western Europe, Canada, Australia or New Zealand. Deadline: January 29, 2020 Lint Center for National Security Scholarships Requirements: Scholarships provided to Counterintelligence and National Security Workers, their children and scholars, and to advance the study of National Security, cross-cultural studies, and global understanding. Deadline: January 31, 2020 Straus Historical Society Scholarship Requirements: Applicants must be US citizens preparing for a career in public service. Deadline: January 31, 2020

Controversies in organ donation - Free Essay Example

Organ donation is a topic that can cause quite the controversy. To some being an organ donor is one of the most generous things you could ever do. But to others, well they just dont fully understand the importance of donating your organs and why its important. By donating organs you are literally saving thousands of lives. Why would you want to see an innocent person die? Are you that heartless or have you not fully grasped to the importance of this. Here in the United States, there is a major shortage of organs. According to the United Network for Organ Sharing, there is an overwhelming number of people who are in need of a life-saving transplant. 117,000 people to be exact. In a chart constructed by the United Network for Organ, it states that 95% of adult Americans support organ donation in theory, but only 54% have actually signed up to be donors. which is absolutely absurd. Journalist Paul Hsieh says that doctors and organ donor advocates are frustrated by the lack of peoples will to donate. Which is immensely understandable. There are many organs you can donate. For example, the heart, kidney, and lung can all be donated. In an article titled Should The Government Require Your Consent To Be An Organ Donor. it basically states that organ donor advocates have proposed to change the United States state law. What they are proposing is for hospitals to switch from an opt-in system to an opt-out system. Which is one of the best ideas for them to propose. unless your religion is against it then that law wouldnt be a problem to uphold. You still people who will try to argue that they have the right to their own body. Which is true but think about all the people you could save. Instead of being ignorant of the fact that people will have your organs, you should really think about the lives that you could save. Other things people may say is that dont want to be an organ donor is because of their religion. Unless you are a Jehovahs Witness or Shinto you should still be considered for for the opt-in law. On the website https://www.donorrecovery.org it states that Jehovahs witnesses do not believe that when one donates their organs they must make sure all of the blood must be removed first. they follow this because of their strict rule on blood transfusions. This website also states that Shintos believe that messing with dead bodys are a sin and is a very serious crime. To them the body should stay pure and never be disturbed. Some may argue that they cant live/ function without their organs. Witch is totally not true. The myths that people come up with is just a bunch of nonsense. One of the myths is that Im too old. The truth is that you are never to old to be an organ donor, what matters is your health and the condition of your organs are in when you die. Another one is that If im in a coma they could take my organs.. The majority of deceased organ donors have to be declared brain dead. Being brain dead is not the same thing as being in a coma ! People anc recover from a coma but being brain dead is final. And lastly is My family will have to pay for the donation. There is no cost whatsoever for you to give your organs. In conclusion, being an organ donor is the human thing to do. You are practically saving thousands of lives. The recipient may be you or even your family members. You should always consider being an organ donor , because you never know whos in need of one. So its very important to have that thought in mind the next time you are asked. Being an organ donor is not a right its the human thing to do.

The Struggle For Human Rights - 1447 Words

A great speech has the power to define the times, to inspire, and to motivate. Certain speeches from great people have made huge impacts, but â€Å"The Struggle for Human Rights† from Eleanor Roosevelt persuades the entire globe on humans’ rights, freedom, respect and peace. I read her text and saw a video on YouTube giving her speech even though it was long it gathered a lot my attention. It took me time to understand her speech after reading it three times. It’s good that someone like Eleanor Roosevelt existed and wanted to provide some peace to the world. I’m glad she touched many hearts in that time. War may still exist and can be caused but we should all take a glance to this speech and acknowledge what Eleanor was trying to do. She fought for social and civil rights, helped found the United Nations, and effectively ran the United Stated when her husband was ill. As shown above, all those awful situations led Eleanor Roosevelt to do such a speech as à ¢â‚¬Å"The Struggle for Human Rights†. In this world there have been many speakers that had made changes with their words. Eleanor Roosevelt was a great speaker. Was the first lady of the United States, and ultimately she expanded the role of women in society. She was a role that satisfied her own need to be independent and active in public and political life. With World War II , Eleanor expanded her sphere of influence, doing what she could helping the European refugees, including Jews trying to escape from Nazi occupied Europe andShow MoreRelatedZimbabwes Struggle For Human Rights Abuses1420 Words   |  6 Pagesgovernment that handles unofficial â€Å"conflict diamonds† – diamonds used to finance rebellious wars. (Nicholas, 2012, p.650) Although technically â€Å"conflict free† under the Kimberly Process, Zimbabwe over the past 15 years has continued to commit human rights abuses. Allowed by Zimbabwe’s government influence and the high supply of desperate families living in poverty availabl e to mine for the precious gems, a thriving international industry emerged. This control of desperation allows producers of MarangeRead More The Struggle for Human and Labor Rights in Guatemala Essay2603 Words   |  11 PagesIn a time where the United States was guarding against the spread of Communism to Latin America, the workers of Guatemala faced a difficult time organizing to demand benefits and rights from their employers. Among others that struggled to form organized labor through the various repressive governments, the union at the Coca-Cola Bottling Plant in the capital city was one of the most successful. This success can be attributed to the favorable rulings of Guatemalan labor courts, the tenacity of theRead MoreThe Last Utopia By Samuel Moyn Essay951 Words   |  4 Pagesanticolonial movement was not a human rights struggle, writing, â€Å"If anticolonialism generally spurned human rights, one might say, it was because it was a rights of man movement, with all the prior fidelity to the state that concept implied in modern history.† Moyn’s emphasis on the state here is telling. Because the rights that a nation could provide were particular to its citizens, not international, they could not be human rights. The â€Å"rights of man† were not the rights of all. Further, Moyn viewsRead MoreAmnesty International ( Ai )923 Words   |  4 Pagesof the human rights enshrined in the Universal Declaration of Human Rights (UDHR) and other internationally recognized human rights standards (Our Mission, 2015).† In order to do this AI publishes research, takes actions that get the attention of governments and policy makers, and advocate for the advancement of human rights (Our Mission, 2015). It is on these three fronts that I have focused my research. First and foremost, AI publishes information about human rights and human strugglesRead More Essay on the Power of Language in The Plague1447 Words   |  6 Pageseach struggle endlessly to master the plagues power over their lives, even with the realization they may never succeed. For Camus, this idea of impossible struggle against an unseen power resonates throughout the novel and reoccurs in another plague which these men must contend - the limits of human language. Camuss characters place great emphasis and importance upon the power of language and lament their inability to express themselves clearly. As a result, Camus establishes that human languageRead MoreAfrican American Struggles747 Words   |  3 PagesRUNNING HEAD: AFRICAN AMERICAN STRUGGLES 1 African American Struggles Shaneisa Smith Soc 308: Racial Ethnic Groups Risa Garelick November 23, 2011 AFRICAN AMERICAN STRUGGLES 2 African American Struggles African Americans are knows to face various issues throughout their lives. From being discriminated against, to trying to fit into society, African Americans still have problemsRead MoreDr. Martin Luther King Jr. Essay1134 Words   |  5 Pageshistory have always evolved around human rights race relationships and power. In this paper, I will focus on the themes of racism, human rights, and power and how history makers such as Martin Luther King Jr., Nelson Mandela, and Mahatma Gandhi (just to name these few) helped to redress them to an extent and how theirs efforts shape contemporary events. Dr. Martin Luther King Jr. was born on 15 1929 in Atlanta, Georgia and is one of the most remembered Human Rights Activists in America history. HeRead MoreChristian Perceptive in Human Right717 Words   |  3 PagesHuman rights are the rights of the most fundamental which naturally inherent in human beings as a gift of God (Based on Genesis 1:26-29; 2:17-18). Human right is a stem from claims of God to man. Therefore, although it cannot be separated from human experiences, it is not from the experience of human, but rather on Gods action in human history. Meaning: Human Rights is not a human ideal formula of himself, but rather an understanding of what God requires of man - what man is, what is the meaningRead MoreAs Living Beings, We Tend To Wonder About The Answer To1390 Words   |  6 Pagesquestions that appear in our thoughts are probably due to encounters with experiences of struggle. In every human being that has ever lived, struggle is part of life. It is an obstacle that is faced every day. There are some who struggle more than others. It is a hardship they endure and try to breakaway to be free from it. In many cases, struggling varies from one another. Such as, the struggle to be free and the struggle to live. In United States of America, the nation is known by many, and perhaps worldwideRead MoreEssay on The Battling Psyche1676 Words   |  7 Pages The Battling Psyche The human psyche is a mysterious and unknown force that human beings have attempted to understand for centuries. It is understood that as human being we possess this psyche, however the nature of this psyche is not known and has thus been examined and hypothesized upon by many great minds. Literature in particular seeks the means to offer a theorized explanation of the workings of this mysterious psyche in a multitude of ways, from scientific writings, to poetry and fiction.

Exploring Ancient Mysteries Essay - 687 Words

* Students, please view the Submit a Clickable Rubric Assignment in the Student Center. Instructors, training on how to grade is within the Instructor Center. Assignment 1: Essay – Exploring Ancient Mysteries Due Week 4 and worth 100 points Choose one (1) of the topics below and develop a three to four (3-4) paragraph essay (of at least 250-500 words) which adequately address the topic you have chosen. Topic Choices * There have been many theories regarding how the pyramids at Giza were constructed. Most experts agree that they were constructed as burial monuments for pharaohs, but â€Å"how† these ancient people constructed monuments of such great size without modern machinery is a mystery which is still being debated.†¦show more content†¦Write a three to four (3-4) paragraph paper in which you: * Clearly state the â€Å"mystery† and provide a brief summary of at least two (2) reasonable and scholarly theories which could explain the mystery. Because some theories may sound far-fetched, include the source or promoter of each theory – such as a scientist, a historian, a theologian, etc. * After summarizing at least two (2) scholarly theories, identify one (1) of the theories as the most plausible and provide at least two (2) convincing reasons why the theory you have chosen is the best one to explain the mystery. This will involve some critical reason ing skills on your part. * Use at least two (2) sources plus the class textbook. (Three [3] sources total as the minimum) Note: Wikipedia and other similar Websites do not qualify as academic resources. You are highly encouraged to use the Resource Center tab at the top of your Blackboard page. Your assignment must follow these formatting requirements: * Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA style format. Both in-text citations and a References list are required. Citations and references must follow APA style format. Check with your professor for any additional instructions. (Note: Students can find APA style materials located in the course shell forShow MoreRelatedThe History Of Ancient Egypt : Egyptology And The Concept Of Culture Appropriation934 Words   |  4 PagesPerry’s music video, Ancient Egypt is seen as an exotic place in contemporary tourism of Egypt. Many people go to Ancient Egypt because they know that there are geographical differences, mummies, pyramids, tombs and artifacts that seem foreign to many people living in the 21st century. In popular culture, Ancient Egypt seems like a lavish civilization in the middle of the desert. In many ways, the A ncient Egyptian culture draws in tourism for those who are curious about the Ancient Egyptian cultureRead MoreShould Space Exploration Be Continued?840 Words   |  4 Pagescontinue exploring the space, and others think that we should stop exploring the space. These people have their own reasons for it or against it. Either way, space exploration has both its advantages and disadvantages. In my personal opinion, I think that we should continue exploring the space because exploring space gives people many benefits. Exploring the space will solve humans’ oversized population and scarce resources problems, and also will improve our technology. If mankind stops exploring theRead MoreThe Massive Mystery Essay1687 Words   |  7 PagesFor centuries people have given a diverse collection of theories as to how the ancient pyramids were constructed. The Great Pyramid of Giza is truly an incredible architectural accomplishment. This pyramid in particular is commonly referred to as th e oldest of the Seven Wonders of the ancient world. Some believe that the Egyptians had developed technology that has simply been lost in time. Others think they had help from extraterrestrial beings. The reality of the construction relied on human laborRead MoreA Basic Overview of Paganism Essay examples1716 Words   |  7 Pagesmight see hundreds of faces from different races, gender, and pop cultures. But behind each face is a brain, with spirit and personal beliefs, like religion. When many Americans believe that everyone is Christian or Catholic, some people practice an ancient religion. This religion, commonly known as the umbrella-term â€Å"Paganism† is back on the move with a contemporary feel. Paganism is an earth-based religion, focusing around the elements and nature. Throughout this paper Paganism will be explained,Read MoreA Mystery Of Heroism By Stephen Crane And Edwin Arlington Robinson1168 Words   |  5 PagesAuthor Joyce Meyer once said, â€Å"If you do n’t learn to control your thoughts, you will never learn how to control your behavior.† Lack of control over one’s thought can lead to ruinous behavior. People have been exploring the human behavior for the past centuries due to the major effects behavior and life events have on an individual. In the 1800s, naturalism, a literary movement, explored â€Å"human instincts and behavior† (433) and â€Å"examined the society that conditioned people to turn out as they did†Read MoreThe Denver Museum Of Nature And Science Essay1393 Words   |  6 Pageshuge building, preserved many Colorado finds and finds from other places, added on numerous exhibitions, but most importantly it has â€Å"housed compelling programs and experiences for millions of guests and schoolchildren that inspire a passion for exploring and understanding our natural and cultural world† (Museum History, 1). I chose to focus on a specific artifact in the â€Å"Egyptian Mummies† exhibition of the Museum of Nature and Science. The overall theme of this exhibition was of course, EgyptianRead MoreThe Mysterious Great Sphinx of Giza Essay1359 Words   |  6 Pagessurrounding the monument are unsubstantial and the mysteries remain unanswered. The Sphinx is a 240 feet long and 70 feet tall monument carved out of different layers of limestone in the Giza Plateau. The Sphinx has a human head and the body of a lion. Egyptian Sphinxes are not to be confused with Grecian Sphinxes, which have the head of a woman on a winged lion, sent down to Thebes, Greece to devour those who could not solve her riddles. Ancient playwright Sophocles displayed a Grecian Sphinx inRead MoreThe Hanging Gardens Of Babylon1510 Words   |  7 PagesA Mysterious Ancient Marvel Introduction The Hanging Gardens of Babylon, one of the Seven Wonders, and also the only one with unknown location and there is no physical evidence that it ever existed. It is said that the Hanging Gardens of Babylon was ordered to be constructed by the ruling Babylonian king Nebuchadnezzar II. The gardens were built for the homesick queen Amyitis. The gardens were said to be on the top of a building of four floors of platforms and the building itself was made of bricksRead MoreSatan s Spirits Of Lust777 Words   |  4 Pagesmentioned in the Bible; specifically, their practices often included distorted sexual acts, human sacrifices, cannibalism, and the eating of blood that were distinctively traits of ‘devil’ worship. Baal worship became abundant throughout much of the ancient Middle East; concurrently, in early societies Baal has a long history of perverted sex that is akin to Pan Worship within his cult rituals. Mount Hermon turned out to be one of the major centers of Baal/P an worship that involved the brutality ofRead MoreThe Murder Of Tutankhamun s Tomb993 Words   |  4 PagesAye may have not agreed with the decisions Tutankhamun was making (as they concerned journeys and horses) and maybe feared they would lead Egypt into crisis. â€Å"Tutankhamun’s reforms would have an immense impact on the people of Egypt† (tutankhamun – Ancient History Encyclopaedia). So the only way Aye could recover his decision-making was if he could get rid of the Boy King, suggesting once again that he murdered him. Power is something everybody wants, and Aye was not the exception. Ever since Akhenaton

Visual Glossary of Glacial Features

Political Theory Property - 1369 Words

Introduction One of the most confounding concepts in the discipline of political theory is the issue of property. Classical philosophers like Plato and Aristotle dedicate a large part of their works to speculations about the state of nature and property ownership. However, a comprehensive theoretical exploration of the concept of private property ownership is credited to relatively modern philosophers like Thomas Hobbes, John Locke and Jean Jacques Rousseau. The writings of Locke and Rousseau on property ownership are quite fascinating to compare. Both philosophers portray the early stages of man in what they refer to as the State of Nature. This paper takes a critical look at Rousseau’s conceptualization of private property and the state†¦show more content†¦He is deeply opposed to Locke’s idea of man as a sociable being. In his state of nature, man lacks the ability to identify even their own offspring. In the state of nature, Locke and Rousseau seem to agree on several issues especially in the theoretical nature of their conceptualization. Rousseau concurs that State of Nature is a largely nonviolent period. However, his revelation of the state of nature is much more appealing. While Locke appears to insinuate that man has progressed out of this State of nature, Rousseau praises it as a period of harmony and virtue. In addition, Rousseau does not simply take the contemporary man and place him in the State of Nature. Instead, he makes a convincing argument of a relatively different and primitive man who slowly evolves into the modern version. Locke’s version does not explain the evolution of man up untill the state of nature. Rousseau’s argument seems more convincing since facts that corroborate the evolution theory have been unearthed. Therefore, Rousseau’s theory appears entirely reasonable in allocating diverse attributes to ancient man and contemporary man. However, some of the attributes Rousseau’s gives to ancient man and his life in the state of nature are questionable. One these attributes is that man’s basic desires were mostly satisfied. Rousseaus idea of man relaxing while eatingShow MoreRelatedComparison between Two Political Thinkers and and their Understanding of Private Property1464 Words   |  6 Pages Political theories have been collected throughout history, and often shine light and cause debate surrounding the positions of common socio-political themes and topics. When studying political theory, it is important to recognize the philosopher behind the written work, and comprehend why they reflect the political beliefs that they do. This paper will compare and contrast two of the most noted and influential political thinkers and their understanding of private property. The first theory is foundRead MoreLocke And Rousseau s Theory Of A Social Contract1206 Words   |  5 Pagesthey ultimately have a differen t political philosophy. Locke and Rousseau have clearly distinct social contract theories, interpretations of man and the state of nature. In his work, Discourse on Inequality, establishes the idea of a fraudulent social contract. Rousseau further develops his political theory and discusses contemporary themes like the state of nature in, The Social Contract. There is a clear distinction between Rousseau’s theory and Locke’s theory as laid out in the, Second TreatiseRead MoreEvolution and the Modern Social Contract Theory : Essay Outline1050 Words   |  5 PagesThe Emergence of the Modern Social Contract Theory Essay Outline POLS 14033 – Political Ideas and Ideologies The Emergence of the Modern Social Contract Theory Essay Question: Firstly, in this essay, we will describe and analyze the various concepts of the evolution and emergence of the modern social contract theory thru the analysis of several of its key political thinkers. We will provide a detailed review of the concepts that have developed and that were crucial for theRead MoreA Comparative Analysis Of On Property Owning Democracy 1404 Words   |  6 PagesWilliam R. Lund History of Political Philosophy II May 12, 2015 Final Essay Essay Question # 6 Property Owning Democracy: A Comparative Analysis to Marxian Communism John Rawls is an American political philosopher, born and raised in Baltimore, Maryland. His work contributed towards a better understanding of justice as fairness and author of the book that bears the same title. In his manuscript, Justice as Fairness, Rawls introduces a new political philosophy known as property owning democracy. WhenRead MoreAge Of Enlightenment755 Words   |  4 Pagesintellectual thinkers, such as John Locke, which helped shape and influence modern government and politics. John Locke is recognized as the father of classical liberalism, introducing the Two Treatises of Government, Social Contract, and private property, which formed the basis for the constitutions in westernized democratic powers such as the United States of America and the United Kingdom. The Two Treatises of Government became the most influential pieces of work that John Locke had created duringRead MoreNasty, Brutish, And Short By Thomas Hobbes Essay1198 Words   |  5 Pagesdescription of pre-political life that is invariably repeated in just about every political science program throughout the Western world. It is a phrase that motivates a strikingly persuasive argument for the solution of government. For Hobbes, this is the State of Nature, and thus the precursory basis for human politics. However, his pessimistic view of the State of Nature has been refuted by other men of great intellectual influence. Another giant in the world of political theory, John Locke, hasRead MorePolitical Theory of John Locke Essay1189 Words   |  5 PagesJohn Locke: Account of Political Society What would the American government be like today if it was not for the mind and political theory of John Locke? Some historians and philosophers believe that without John Locke our government would only be a shadow of what it is today. Arguably, one of his most important political and philosophical works was his Two Treatises of Government. There he argues that the function of the state is to protect the natural rights of its citizens, primarily toRead MoreThe Relationship Between Justice and the Good1551 Words   |  7 Pagesmoral distribution of possessions. From just after the First World War to present day, liberal perspectives emerged and flourished across a variety of ideological theories and continue to influence political thinking in regards to rights, equality and freedom. With this emergence came two very influential theorists in libertarian political philosophy, Robert Nozick and John Rawls, who take very different approaches to how justice relates to the good. Both N ozick and Rawls argue for liberty above equalityRead MoreThe Writings Of John Locke And Jean Jacques Rousseau1596 Words   |  7 Pageslegitimate political power. They both believe in man’s natural mortality, and they also state that creating a social contract and legitimate government is necessary to avoid conflict. Both philosophers hold different perspectives and opinions, however they are both concerned with the same question: What renders exercises of a political power legitimate? Rousseau and Locke have several similarities within their theories, but there are also a number of substantial differences. Rousseau’s theory can beRead MoreCurrent Policies And Politics : What Should Be An Individual s Connection With Society?887 Words   |  4 Pagesbeen the focus of great philosophers throughout the centuries. From Socrates to Khaldun to Marx, great political philosophers have examined the function of ethical theory in the social realm and its impact upon the relati onships between members of society (Moseley, n.d.). Regardless of whether they are in the camp of liberalism like John Locke or the socialist camp of Karl Marx, great political philosophers have areas of a agreement as well as areas of discord. Areas of Agreement and Disagreement

The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd Free Essays

string(230) " in the contract without resort to any implied terms: â€Å"This makes it unnecessary in my judgement for DTVAL to rely upon an implied term that BMIB would operate the aircraft in a way that was reasonable in all the circumstances\." â€Å"The case of Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 illustrates how the court must tread a very fine line, when determining whether or not an agreement has sufficiently certain terms to be enforceable. With reference to key cases and academic commentary, critically discuss this statement.† Introduction Contract law abhors uncertainty and it is a well-accepted rule of commercial law that for an agreement to be enforceable its terms must be sufficiently certain and complete for the courts to elicit the meaning of an agreement[1] . We will write a custom essay sample on The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd or any similar topic only for you Order Now Both vagueness[2] and incompleteness[3] disable an agreement from being binding and will often, unless the court makes use of remedial measures to, inter alia, imply reasonable meaning into the contract or clarify the meaning of a word, be fatal to the contract as a whole[4]. The classic case which is usually cited to demonstrate this principle is G Scammell Nephew Ltd v Ouston[5] where an agreement which provided for the acquisition of goods â€Å"on hire-purchase† was so vague as to prompt Viscount Maugham to observe that: â€Å"it is impossible to conclude that a binding agreement has been established†[6]. The tension between finding a contract to be uncertain and attempting to satisfy the settled will of parties to an agreement and encourage commerce without undue restriction has led Professor Macneil to warn that the quest to identify settled principles in this area of contract law is but a â€Å"fool’s errand†[7]. Cases in this area, as Ewen McKend rick rightfully observes, are dependent on their facts and the courts are chiefly concerned with whether there is a sufficiency of evidence to justify a conclusion that a settled and binding agreement has indeed been concluded[8]. Unsurprisingly perhaps English courts have been criticised as being unduly restrictive which makes the judgement in Durham Tees Valley Airport Ltd v BMI Baby Ltd[9] a notable and welcome decision as it goes against the grain of the perception of English contract law by overturning on appeal a decision of Davis J in the Chancery court which held that a contract which imposed an obligation on BMI Baby to base and fly aircraft from an airport but which was unclear about the objective criteria relating to the performance of that obligation regarding passenger numbers was incapable of having a term implied and therefore was struck down[10]. The Court of Appeal allowed the appeal and unanimously found in favour of allowing the contract to stand: the judge at first instance had erred in construing the contract as being void for uncertainty[11]. This essay will critically discuss the above statement by examining the case itself in detail in part 1 before embarking upon a discussion of the ba lancing act involved in resolving uncertainty in contractual terms in part 2. The statement is justified in asserting that such cases as the instant one require a delicate balancing act and this observation is validated by the case law[12]. Part 1: The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd 1.1 Facts of the case and terms of the contract The brief facts are that an agreement was concluded between Durham Tees Valley Airport (hereafter DTVA) and British Midland Regional Limited (hereafter BMRL) in April 2003 which provided for BMRL to provide two B737 aircraft to operate exclusively from DTVA for a period of ten years[13]. This agreement was subsequently transferred to BMI Baby by virtue of a Novation and Variation Agreement (NVA) executed on 23 December 2005. As Lord Justice Patten, who delivered the leading judgement, observes â€Å"both sides accept that the Base agreement created a binding contract but they differ on how it should be construed†[14]. The defendants contended that the agreement granted them a right without an obligation while the airport argued that the agreement constituted a continuing obligation. The decision at first instance, delivered by Davis J, proceeded, without any notable discussion, on the assumption that the contract was unenforceable due to uncertainty[15]. The bulk of the first instance judgement was concerned with the attempt to imply a term into the NVA agreement to hold the contract to be enforceable and thus hold BMI Baby to the obligation[16]. As Treitel observes the court has a discretion as to whether or not a term can be implied into a contract using the standard of reasonableness[17]. Judge Davis pointed out that the NVA lacked any specification as to the number of flights required and as Lord Justice Patten points out, â€Å"it is this which is said to be fatal to its enforceability†[18]. A leading case in the area of implied terms under the standard of reasonableness is Hillas Co Ltd v Arcos where the timber sold was said, ambiguously, to be of â€Å"fair specification†. This is a typical example of terms which come to the very heart of a contract[19] being expressed in vague or uncertain ways and requiring the construction of the court to crystallise an obligation. Lord Justice Patten fundamentally disagreed with the first instance judge at this stage, arguing that it â€Å"was wrong to regard the addition of a term as to the minimum number of flights as being necessary for the enforceability of the NVA†[20]. The judge had thus proceeded on an assumption of uncertainty and then attempted to imply a term into the NVA agreement which, mistakenly, he thought had a material bearing on the enforceability of the contract[21]. The key elements of the contract were obviously in place and both parties considered that a binding contract was in place despite their differing interpretations. The real question, as Lord Justice Patten correctly identifies, is whether or not the airline was in fact flying its aircraft not the number of flights[22]. Upon this analysis BMI Baby had fulfilled the obligation and thus they could be held accountable: â€Å"BMIB is not required to do the impossible† as Lord Patten concluded[23]. His lordship found suf ficient evidence that certainty existed in the contract without resort to any implied terms: â€Å"This makes it unnecessary in my judgement for DTVAL to rely upon an implied term that BMIB would operate the aircraft in a way that was reasonable in all the circumstances. The NVA includes sufficient terms to enable the court to determine whether BMIB’s obligations have been broken.†[24] Part 2: Discussion of the case 2.1 A balancing act The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd[25] is a good illustration of the fine balancing act which must be undertaken in cases which attempt to resolve the uncertainty of contractual terms in terms of sufficiency. At the most general level there is a clear tension between the certainty rule and the reluctance of courts to strike down legally enforceable agreements. Striking a balance between these two opposites is difficult and has obvious implications not only for individual agreements but indeed the sanctity of contract in society. Lord Wright in Hillas Co Ltd v Arcos Ltd observed: â€Å"Businessmen often record the most important agreements in crude and summary fashion; modes of expression sufficient and clear to them in the course of their business may appear to those unfamiliar with the business far from complete or precise. It is accordingly the duty of the court to construe such documents fairly and broadly, without being too astute or subtle in finding defects†.[26] These comments were endorsed recently in Scammell v Dicker[27] where Rix LJ emphasised that for a contract to be void for uncertainty the bar should be set very high: â€Å"For to occur – and it very rarely occurs – it has to be legally or practically impossible to give to the parties agreement any sensible content†[28]. On a more specific level the court, when dealing with a question such as in the instance case, must first address whether the terms of the contract are enforceable or not. The price, quality and quantity, as Lord Patten has identified, are key measures of a contract where objective criteria exist[29]. Each case evidently turns on its facts and there is a lot of gray area here which underlines just how fine the balancing exercise is. The answer to the question of just what is necessary for a contract’s enforceability appears to be inextricably linked with what would constitute a breach of contract. In the instant case the minimum number of flights was something which was within the discretion of BMI Baby and so not something which compromised the terms of the contract concerning the aircraft’s â€Å"operation†. There are some features of the instant case which render it particularly problematic: the length of the contract and the â€Å"degree of discretion given to the airline†[30]. However, Lord Justice Toulson observes that it is not impossible to imagine facts on the borderline which would have rendered the case even more difficult[31]. Conclusion In conclusion the statement to be discussed is correct in identifying that the decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd[32] is an apt illustration of the fine line which must be negotiated in deciding whether an agreement has sufficiently certain terms to be enforceable. As noted above there is a tension between allowing commercial agreements to stand and finding them void for lack of certainty. The court in Hillas Co Ltd v Arcos Ltd[33] emphasises the duty the courts have in allowing business agreements sometimes hastily drawn up to stand without being too clever with syntax. Each case turns upon its facts and there clearly can be cases which would stretch the balancing act even further than the instant case. As it stands the judge at first instance fell victim to the subtleties of this area of law and misinterpreted a term of the NVA contract which was within the discretion of BMI Baby. The Court of Appeal thus overturned his decision and made a decision of princ ipal which demonstrates that Professor Macneil’s observations may not be as accurate as previously thought[34]. Bibliography 1.0 Journals Lawrence, Mark (2010) ‘Grounded obligations’ New Law Journal 160(7421), 837-838 2.0 Books Macneil, Ian (2001) ‘Biographical Statement’ in D Campbell (ed) The Relational Theory of Contract: Selected Works of Ian Macneil Sweet Maxwell: London Mckendrick, Ewan (2005) Contract Law: Text, Cases and Materials Oxford Uni Press: Oxford at p.148 Treitel, G.H. (2007) The Law of Contract Sweet Maxwell: London at p.52 3.0 Cases Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 Durham Tees Valley Airport Ltd v BMI Baby Ltd [2009] EWHC 852 Hillas Co Ltd v Arcos Ltd (1932) 147 LT 503 Perry v Suffields Limited [1916] 2 CH 187 Scammel and Nephew Ltd v Ouston [1941] AC 251 Scammell v Dicker EWCA Civ 405 [1] Treitel, G.H. (2007) The Law of Contract Sweet Maxwell: London at p.52 [2] Scammel and Nephew Ltd v Ouston [1941] AC 251 House of Lords [3] Perry v Suffields Limited [1916] 2 CH 187 [4] Chitty, Joseph (2008) Chitty on Contracts Thomson Reuters: London at p.223 para 2-139 [5] [1941] AC 251 [6] Scammel and Nephew Ltd v Ouston [1941] AC 251 per Viscount Maugham at p.257 [7] Macneil, Ian (2001) ‘Biographical Statement’ in D Campbell (ed) The Relational Theory of Contract: Selected Works of Ian Macneil Sweet Maxwell: London [8] Mckendrick, Ewan (2005) Contract Law: Text, Cases and Materials Oxford Uni Press: Oxford at p.148 [9] [2010] EWCA Civ 485 [10] [2009] EWHC 852 [11] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 [12] Hillas Co Ltd v Arcos Ltd (1932) 147 LT 503 [13] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 per Lord Justice Patten at para 11 [14] Ibid at para 11 [15] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 per Lord Justice Patten at para 46 [16] Lawrence, Mark (2010) ‘Grounded obligations’ New Law Journal 160(7421), 837-838 [17] Treitel, G.H. (2007) The Law of Contract Sweet Maxwell: London at p.52 [18] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 per Lord Justice Patten at para 57 [19] Such as quantity, quality or price [20] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 per Lord Justice Patten at para 59 [21] The number of flights was something which was for the discretion of the airline; [22] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 per Lord Justice Patten at para 59 [23] Ibid [24] Ibid at para 61 [25] [2010] EWCA Civ 485 [26] Hillas Co Ltd v Arcos Ltd(1932) 147 LT 503 per Lord Wright at p.504 [27] EWCA Civ 405 [28] Ibid at para 30 per Rix LJ [29] Lord Justice Patten gives the example of a tenancy agreement under which the tenant agrees to pay a reasonable rent [30] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 per Lord Justice Toulson at para 91 [31] Ibid at para 90 [32] [2010] EWCA Civ 485 [33] (1932) 147 LT 503 [34] Macneil, Ian (2001) ‘Biographical Statement’ in D Campbell (ed) The Relational Theory of Contract: Selected Works of Ian Macneil Sweet Maxwell: London How to cite The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd, Essay examples