Notes, summaries, assignments, exams, and problems for Philosophy and ethics

Contractual Capacity

Individuals Lacking Capacity

• Minors (under 18 years of age)
• Individuals suffering from a mental disability
• Individuals who are intoxicated

Misrepresentation in Contracts

Types of Misrepresentation

• Fraudulent Misrepresentation
• Innocent Misrepresentation
• Negligent Misrepresentation

Proving Duress

Elements of Duress

• Demonstrate that illegitimate means were used.
• The illegitimate means used were a reason for entering the contract.
• The evidence presented is honest and accepted.

Undue Influence

Presumed Special Relationships

• Parent/Child
• Guardian/Ward
• Doctor/Patient

Discharge of Contracts

Primary Methods of Contract Discharge

• By Performance
• By Agreement
• By Frustration
• By Breach

Discharge by Agreement Methods

• Mutual Discharge
• Release
• Waiver
• Substitution

Recovering

Introduction

The concept of "home" in literature often serves as a central theme, reflecting characters' identities, desires, and conflicts. This essay explores how "home" is conceptualized in George Orwell's Animal Farm, Doris Lessing's To Room Nineteen, and Stephen Frears' My Beautiful Launderette, highlighting their unique and overlapping themes.

Animal Farm: From Utopia to Dystopia

In Animal Farm, the farm itself represents a communal home, initially envisioned as a utopian society of equality and harmony. The animals overthrow their human owner to create a society free from oppression. However, as the pigs consolidate power, the farm becomes a site of betrayal. The concept of home shifts from equality to tyranny, mirroring the corruption... Continue reading "Literary Homes: Identity, Belonging, and Conflict" »

International Law and National Legal Systems

The relationship between International Law and national legal systems is complex and dynamic. The lack of a solid institutional structure in International Law means that its application largely depends on the will of States. However, the growing importance of international cooperation and integration organizations has added new layers of complexity to this relationship, especially as these organizations take on functions that have traditionally been the responsibility of States.

Integration of International Law into National Legal Systems

The integration of International Law into national legal systems presents fundamental challenges. The need for specific acts of reception to incorporate international... Continue reading "International Law's Impact on National Legal Systems" »

The Significance of April 4, 1984 in Orwell's Novel

By a strange coincidence, the first chapter of George Orwell's famous dystopian novel, 1984, begins on April 4, 1984. On this day, the hero, Winston Smith, takes the first seditious step toward independence from externally imposed structures of meaning: he starts writing a diary. When Winston begins the diary, he writes the date: April 4, 1984.

Winston Smith's Diary: An Act of Rebellion

This attempt to find his own voice symbolizes the hope of liberation, the cleansing of consciousness from imposed ideas, and the movement towards a goal, however hopeless it may seem.

The Search for Truth and Freedom

He wrote:

"Freedom is the right to say that two plus two make four. If that is granted, all else

1. Insurance Agents

An insurance agent legally represents the insurance company (principal) and acts on its behalf. Their authority stems from express, implied, and apparent authority.

2. Insurance Brokers

A broker legally represents the insured. They don't have the authority to bind the insurer but can solicit and accept insurance applications, placing coverage with a suitable insurer. Brokers receive commissions from insurers where the business is placed.

3. Exclusive Agency System

In this system, an agent represents only one insurer or a group of insurers under common ownership. Agents may be contractually restricted from representing other insurers. They don't own policy expirations or renewal rights; the agency does. Renewal commissions are... Continue reading "Insurance Entities: Agents, Brokers, and Insurer Types" »

Metaphysics: An Introduction

The term *metaphysics* was coined by students of Aristotle. The literal meaning was "after the physics." Metaphysics is the branch of philosophy that addresses basic questions about the nature of reality.

Determinism and Freedom

According to determinism, everything that happens is determined by prior causes. The state of the universe at any moment could not be otherwise. One implication of this view is that all future states of the universe are, in principle at least, completely predictable. The principle that every event is caused is known as the *causal principle*. It is presupposed in science in everyday life. Most of the astonishing progress that science has made over the past four centuries has been made on the... Continue reading "Metaphysics: Determinism, Freedom, and the Nature of Reality" »

Court Systems: US vs. Mexico

The U.S. Court System (Common Law)

• Based on common law, which relies heavily on precedents (past judicial decisions).
• Uses an adversarial system: two opposing sides present their case to a neutral judge or jury.
• Judges play an interpretative role, using case law to inform decisions.
• Jury trials are common in both criminal and civil cases.
• Judicial elections: In some states, judges are elected by the public.
• Structure includes three levels of courts: Federal (District), Appellate (Circuit), and the Supreme Court.

The Mexican Court System (Civil Law)

• Based on civil law, grounded in written codes and statutes.
• Uses an inquisitorial/accusatory hybrid system: Judges take a more active role in investigating facts.
• Judges primarily

How Ethics are Defined

Ethics are a branch of philosophy that reflects on what is right and wrong.

Ethics vs. Morality

Ethics involve analysis, while morality is putting ethical ideas into practice.

Ethical Values

Guiding ideals like justice, freedom, honesty, love, and respect.

Ethical Principles

General rules guiding proper behavior.

Two Ethical Principles

Confucius: 'Don't do to others what you don't like done to you.' Christian: 'Love others as yourself.'

Ethical Virtues

Habits aiding correct behavior and moral actions.

Ethical Vices

Bad habits leading to harmful actions.

Ethical Codes

Set of values, principles, rules, duties, and responsibilities guiding behavior.

Requirements for Ethical Reflection

• Reason
• Freedom
• Knowledge
• Responsibility
• Universality
• Education

Applied

Human Needs and Abilities

• Humans develop abilities because of their needs and the opportunities to fulfill them.
• The need to experience is central to human existence and is never fully satisfied.

The Systematic Nature of Existence

• Everything in the human body is considered a system.
• Humans interact with both physical and conceptual realities from the moment they are created.

Defining Human Systems

• A system is a group of elements working together to create a complex whole.
• Examples of human systems include hand and face development, language, and the shift from orality to writing.

Layers of Systematic Reality

The Natural Layer: Biological & Psychological

• This layer includes biological and psychological aspects that can be verified scientifically.

The

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