Literature Review on Contractual Issues Arising Claims

Literature Review on Contractual Issues Arising Claims Avoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation of claims and contract clauses quoted in claims by studying high-rise apartment building and institutional buildings. Construction contract determines the basis for the relationship between the parties involved in it. A contract is a promise or agreement that the law will enforce. Construction contract are very often long, complex document, consequently, disagreement or disputes can arise regarding contractual obligations or expectations, when one party feels that the contractual obligations or expectations have not been meet and they fell that they deserve monetary and/or time compensation they may submit a claim. A claim is defined as an assertation to the right to remedy, relief or property (Canadian Law Directory) Currently construction industry in UAE has number of disputes arrives because of disputed in legal document and poor coordination in general and particular condition of contract. UAE is fast growing country in terms of construction and lots of competition for getting the project because of that contractors are bidding less and claiming more amounts. A client tries to reduce the over all cost of project and contractors tries to get more profit and result is disputes arise. Every claim submitted by the contractor puts presser on client and consequently it affect increasing property price. That is why construction claim are considered as the most unpleasant event in construction industry. Claims can be reduced by proper arrangement of scope of work in contract document. Contract is the document which explains all rolls and liabilities of the parties involved in it. For the purpose of study for analyzing contractual issues literature review is divided in two parts. First part will discus s on Contract law in general and particular terms used in formation of construction contract. Second chapter will discuss on Claims under FIDIC contract and previous research in claims. 1 Introduction to contract law 1.1 Legal systems A legal system, is a system for identifying factual situations where the state will impose sanctions on a person (criminal law), where one person can seek redress from another person (civil law), and where a person can challenge decisions of the state and public bodies, such as local authorities (administrative law)1. For example: If someone takes property belonging to another with the intention of permanently depriving them of that property, this is categorized by the criminal law as a crime (theft) for which the state can seek an order for imprisonment, a fine or both. The same conduct is categorized by the civil law as a tort (known as conversion) for which the person whose property is taken can seek an order requiring the person taking the property to return it, to pay compensation (damages), or both. If the property is taken by the state or a public body in wrongful exercise of a statutory or other power, the decision to do so can be challenged in administrative law by seeking a declaration that it is invalid and should be reconsidered. 1.2 Criminal, civil and administrative law The criminal law is principally concerned with the imposition of fines and imprisonment sought by the state against persons. The civil law is concerned with awarding compensation and making orders in favor of one person against another. Administrative law is principally concerned with making orders concerning the administrative actions of the state and public bodies. 1.3 Obtaining redress The usual means of obtaining redress is in a court of law. The criminal courts, primarily the Magistrates Courts and the Crown Court, are concerned with redress in respect of criminal matters .The civil courts, primarily the County Courts and the High Court, are concerned with redress regarding civil claims. In many countries, a separate court is established to deal with claims concerning the administrative actions of the state and public bodies, but this is not the case in everywhere, where administrative law matters are dealt with by the High Court. The courts are not the only means of obtaining redress in many civil matters. 1.4 The civil law of obligations Each of the principal divisions of law criminal law, civil law and administrative law contains numerous subdivisions. The subdivision that is relevant to this publication, and to the series of which it forms part, is that part of the civil law concerned with the law of obligations. 1.5 Obligations in contract and tort The law of obligations has, in turn, two parts: the law of contract and the law of torts. In the law of contract, a persons obligations are primarily founded on agreement and are, in general, owed only to the other party to the agreement, not to persons generally. Because obligations owed in contract are founded on agreement, they can be as prescriptive and detailed as the parties wish and their agreement requires. For example, agreed obligations can concern the development of an office block in accordance with detailed requirements, or the structuring of a long-term business relationship, such as a partnership. It would be impossible to regulate such relationships using only the law of torts, since obligations in tort are too generalized. In the law of torts, a persons obligations are primarily determined by general principles of law and are, ordinarily, owed to persons generally. Since obligations owed in tort are imposed as part of the general law, they are expressed in the form o f general standards of conduct. For example: the obligation to exercise reasonable skill and care so as not to cause injury or damage to others forms the basis of the tort of negligence; the obligation not to unreasonably interfere with a persons use or enjoyment of their land forms the basis of the tort of nuisance. Both parts of the law of obligations are significant for the construction industry. Work on a building project, such as the provision of consultant services, construction or materials, will ordinarily be carried out under a contract since this is the only way that obligations having the required definition and precision can be given legal force. But the work provided may, if defective, cause damage not only to the person with whom those obligations are agreed but to others, such as adjacent landowners, users and subsequent owners of the project. While the person or persons with whom the contract is made will, ordinarily, be able to seek redress in the law of contract, t hose who are not parties to that contract will have to seek redress in the law of torts. The law of contract is of fundamental importance for the construction industry because the contract is the principal vehicle for those working on a project to be engaged, their obligations are regulated and redress assessed if things go wrong. The law of torts has a subsidiary importance if things do go wrong. 1.6 Rights and obligations The law is often discussed in terms of obligations, there is, in general, for each obligation a corresponding right .Thus, an obligation not to unreasonably interfere with a persons use or enjoyment of land can be seen, from the perspective of a landowner, as a right to enjoy and use their land free from such unreasonable interference. An obligation to perform the terms of an agreement can be viewed from the other partys perspective as a right to have those obligations performed. In contract law, these rights and obligations are often referred to as the benefits and burdens of the contract. 1.7 Defining a contract There are various definitions that attempt to encapsulate the essential nature of a contract. The definition that is most readily understandable in a commercial context is that a contract is an agreement that gives rise to obligations, and corresponding rights, that the law will recognize and enforce. Since a contract is founded on agreement, the parties are free, within wide limits, to agree the obligations to which they wish to be bound. This is known as the doctrine of freedom of contract. It means, at any rate in a commercial context, that the parties to a contract will ordinarily be bound by the agreement they make, however inappropriate, one sided or even ruinous that agreement may turn out to be for one of them. The corollary of the doctrine of freedom of contract is that a person cannot be forced to contract. In a commercial context this means that, if terms cannot be agreed, either party to the negotiations can walk away, however inconvenient or costly, in terms of wasted time and money, this is for the other party. It may be possible to break off negotiations and walk away even if work has commenced in anticipation of a proposed contract. Once a contract is concluded, it binds the parties in law. If a party to a contract fails to comply with its obligations under the contract, the other can seek redress for that failure. This can be done, as appropriate, by enforcing a right to payment (a claim in debt), by seeking financial compensation for losses suffered as a result of the failure (a claim in damages for breach of contract) or, in certain circumstances where financial compensation does not provide adequate redress, by an order that the defaulting party perform its obligations (a claim for specific performance) or stop acting in breach of its obligations (an injunction). For example, if a consultant fails to perform services he or she has contracted to provide, the client can seek damages based on the additional cost of obtaining substitute performance from another consultant. If an employer fails to pay for work provided by a contractor, the contractor can recover that payment as a debt. If a person contracts to se ll land, such as an office or house, but refuses to complete the sale, the purchaser can seek an order that the land be conveyed to it. 1.8 Categories of contract The categories of contract is most relevant to the construction industry include the following. Contracts made by deed and simple contracts (the rest). Contracts entered into by deed do not require consideration; simple contracts do. For example, a promise of a gift will be contractually binding only if it is given by deed. Contracts made by deed also attract a longer limitation period (the period during which proceedings for redress must ordinarily commence) than simple contracts. The period is 12 years from breach for contracts made by deed, 6 years from breach for simple contracts. Contracts for estates or interests in land (such as a contract for the sale or lease of a house or office). Such contracts are governed by the Law of Property Acts and related legislation and by that branch of the law known as the law of real property. Most of such contracts are subject to the code for payment and dispute resolution provided for in that Act. Arbitration agreements (an agreement that provides that disputes will be determined by a private tribunal sitting as arbitrator, not by the court). Such agreements are subject to the detailed code set out in the Arbitration Act 1996. Consumer contracts (certain categories of contract, principally contracts for goods, for work and materials and for services where one of the parties is contracting for purposes that are outside the scope of its business, if any, and the other is contracting in the course of a business). Such contracts are subject to various statutory controls that may invalidate certain types of unfair or unreasonable terms imposed to the determent of the consumer. 1.9 The importance of contracts in the construction industry: Contract is only the forming agreements that are recognized as binding by the law of contract that the parties can regulate their rights and obligations in the knowledge that these rights and obligations can, if necessary, be enforced. Given the importance of contract law in structuring commercial relations, it is surprising that those procuring and providing work in the construction industry often deal inadequately with the formation of their contracts. This leads not only to uncertainties about what was agreed and when, but also to disputes about whether a binding agreement was concluded at all and whether legally enforceable obligations are created to provide work or to pay for it. Such disputes can arise during the work as well as after it is completed. 1.10 Contractual terms used in formation of contract The obligations that the parties accept when they conclude a contract are contained in its terms. The terms may be express or implied or, more usually, a combination of both. 1.10.1 Express terms Express terms are those that the parties expressly state when making their contract. Express terms may be written or oral. Oral terms may be evidenced in writing. * Written terms set out in documents forming the contract for example, where a client and builder execute a copy of a standard form building contract, such as a copy of the FIDIC condition of contract setting out all of the terms they have agreed, or where, as is often the case in a contract for the sale of goods, all of the terms are set out in a letter of offer, accepted by the purchaser orally or by conduct. * Written terms contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract * Oral terms agreed at a meeting or over the telephone. It is preferable for oral terms to be recorded (evidenced) in writing so that there can be no dispute about what was said, for instance by making and circulating a note of what was agreed. But failure to do this will not affect the validity of such terms, unless the contract is of a type whose terms must be made or evidenced in writing. 1.10.2 Implied terms Implied terms are those that are included in a contract even if the parties do not expressly refer to them at the time the contract is concluded. * Contract terms are implied by law or by statute if the contract is of a type in which such terms are ordinarily implied and the implication of those terms is not contrary to the express terms of the contract. For example, terms are ordinarily implied by the Sale of Goods Acts into contracts for the sale of goods, and by the Supply of Goods and Services Acts and law into contracts for work and materials or for services. * Terms implied to reflect the parties presumed intention if, having regard to the words used in the contract and the circumstances at the time it was concluded, they are necessary to give business efficacy to the contract or are so obviously a part of the contract that both parties would, if asked at the time, have said that they go without saying. For example, a contract to use a wharf will be subject to an implied term that it is safe for the ship to lie at that wharf. But a term will not be implied on this basis if it is inconsistent with the express words of the contract. * Terms may be implied by custom where the custom is a certain and general incident of a particular trade or place, and the use of the term is well known, reasonable and not contrary to law or to the express words of the contract. * Contract terms implied by course of dealing where the parties have contracted on the same terms on a number of previous occasions and they make another contract of similar type without expressly referring to those terms. 1.10.3 Exemption clauses An exemption clause is a contract term by which one party, usually but not invariably the party proposing the terms of contract, seeks to avoid or exempt itself from what would otherwise be its obligations or liability under the contract (an exclusion clause), or seeks to restrict or limit its liability in some way (a limitation clause).An exemption clause can work indirectly by, for instance, restricting the enforcement of obligations under a contract, or by making enforcement unusually onerous. Exemption clauses are commonly found in standard terms of business. For example, a seller of goods may seek to limit its obligations by providing in its standard terms that they form the whole agreement of the parties, and no terms are to be implied at law. The purpose of such wording is to exclude the implied terms of quality and title that would otherwise apply to the contract. A consultant provides in its terms of appointment that any liability, whether for default under the contract or in negligence, is limited to a specific sum. The purpose of such a provision is to cap the consultants potential liability to its client. Because exemption clauses exclude or limit what would otherwise be a partys obligations or liabilities under a contract, they must be clearly incorporated and clearly worded if they are to be effective. There are also various statutory controls over the effectiveness of such provisions, and, in a few instances, criminal sanctions are imposed on those who seek to include such clauses in their contracts. 1.11 Most Commonly Used Types of contract in UAE construction industry There are various types of conditions of contracts used all over the world. Most commonly used conditions of contracts in the past are FIDIC in Middle East JCT NEC in United Kingdom. In United Kingdom mainly JCT NEC conditions of contract is in practice in various forms. The conditions of contracts are listing the legal structure to be refereed to in case of any dispute or ambiguity arises. It also establishes a common basis to both the contractor and the client in understanding each partys commitments and rights against the other party. Understanding the rights and obligations are important prior to the agreement of a contract between the parties. 1.12 Key contract clauses used in condition of contract 1.12.1 Audit This clause typically outlines an owners right to perform reviews (audits) of contractor costs or records. Such clauses ordinarily outline what costs or records are subject to audit, when and under what circumstances. In cost plus contract this clause is very useful to client to restrict the overall project cost 1.12.2 Changes This clause is critical. This is the clause that allows the owner to direct changes to the work, including plans, specifications, and time of performance, means, and methods. Absent a change clause, an owner is precluded from making changes to the work. Of particular importance in this clause is whether the clause allows the owner to unilaterally direct changes to the work (in which case, if the contractor refuses to comply with the directives, they are in breach of the contract). Alternatively, the clause requires the owner and the contractor to mutually agree on the change (a bilateral change). On the other hand if there has been any discrepancy in specification or drawing this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or negative variation in construction industry. 1.12.3 Contractor Responsibilities This clause lays out, in general form, the duties, obligations and responsibilities of the contractor in performance of the work. This clause assigns specific risks to the contractor, including customarily the risk of adequate labor and equipment to accomplish the work within the required timeframe, the obligation to perform work safely, to perform work in strict accordance with the terms and conditions of the plans and specifications, and to be responsible for the work of subcontractors and suppliers, etc. This clause is very important in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get relief and guaranty for the works which has to be executed. 1.12.4 Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. â€Å"Excusable delay† under a contract results in time extensions but no time related damages. That is, a contractors performance time is extended because of excusable delay situation, but the contract is not entitled to collect time extension costs nor is the owner entitled to impose late completion damages for this time. â€Å"Compensable delay†, on the other hand, results in both a time extension as well a time excusable and compensable to the contractor while contractor caused delay is the responsibility of the contractor (to either make up the lost time or pay the contractually stipulate late completion damages). Third-party caused delay (sometimes referred to as force majeure delay) is, most often, excusable and no compensable to the contractor. 1.12.5 Differing Site Conditions or Changed Conditions This clause normally provides an equitable adjustment to the contract in the event the contractor encounters a materially different condition at the site during performance of the work. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non stop rain for few month. Differing site conditions are unforcing events no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims 1.12.6 Dispute Resolution This clause customarily sets forth the mechanism to resolve disputes during the performance of the work. Most dispute clauses contain some form of a stepped resolution system. For example, the clause may require on site negotiation between project managers, followed by an appeal to project executives, followed by 3 days of mediation, followed by binding arbitration under a formal set of rules. Often, the location (jurisdiction) of the disputes resolution will be set forth. In construction industry there are several methods of dispute resolution like negotiation, mediation, Conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own framework to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry. 1.12.7 Force Majeure Some contracts contain a force majeure clause or a clause dealing with delays to the work caused by unforeseeable events beyond the control of both the owner and the contractor. Such clauses often provide lists of examples of force majeure events acts of God, acts of the government, civil disorder, acts of war, adverse weather, fires, floods, strikes, etc. Other contracts provide for such events in the excusable delay clause. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain loss or expense due to unforeseen event. 1.12.8 Governing Law The contracts involve parties from differing locations with subcontractors and suppliers from even more locations. Accordingly, contracts often specify which law applies to a dispute, regardless of where the dispute is handled. 1.12.9 Indemnification To indemnify another is to protect them against loss or damage either by paying for the loss or standing in their place in the event of legal dispute. An indemnification clause in a contract typically requires a contractor to indemnify the owner against all loss resulting from contractor errors, omissions, accidents, third party property damages in construction industry. 1.12.10 Insurance This clause requiring the owners and contractors to furnish multiple insurance policies prior to commencing work, among which are the following: builders risk/all risk; workmans compensation; automobile, aircraft, and/or marine liability; general liability; bodily injury; broad form property damage; completed operations; personal injury; etc. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document. 1.12.11 Late Completion Damages This clause specifies the damages for late completion. In general terms, there are two types of late completion damages actual and liquidated. Actual damages are those damages an owner actually suffers when a contract is completed late and may include loss of revenue, increased engineering, architectural or inspection services, increased financing costs etc. Liquidated damages, on the other hand, is a pre-agreed upon amount the contractor will pay the owner in the event the project is completed late due to no excusable delay cause-that is, due solely to the contractors fault. Such damages are typically expressed in terms of a daily cost and need not be proven as actually incurred if the project is completed late. 1.12.12 Limitation of liability In order to cap (or limit) a contractors risk from late completion damages, performance penalties, etc., under a contract, many contracts contain a clause limiting maximum liability to a percentage of the value of the contract. However this clause is very important UAE construction industry. UAE is fast growing country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction. 1.12.13 Order of Precedence This clause intended to provide guidance to both the owner and the contractor in the event of conflicting provisions. Typically, specifications have precedence over general provisions, and so on and so forth. The legal concept is to provide guidance to people on projects in the event there are two or more conflicting provisions relating to a topic. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the above mentioned order is used to settle the disputes in construction 1.12.14 Owner Responsibilities Similar to a contractor responsibility clause, an owner responsibility clause ordinarily sets forth the obligations of the project owner, including adequate project financing, all required and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take any action during the execution of works 1.12.15 Payments This is key contract clause in terms of project cash flow. This clause sets forth how often the contractor is to be paid, in what manner, and what are the conditions precedents to the issuance of payment. In construction it helps the contractor to manage the finance before the commencement of project. 1.12.16 Quantity Variations The contracts contain estimated quantities to be installed. In the event as-bid quantity estimates vary substantially (+/- 10 percent or more) many contracts (both unit price and lump sum) contain a quantity variation clause which allows either the owner or the contractor to request a predetermination of the as-bid unit price on affected portions of the work. 1.12.17 Schedules A schedule clause typically sets forth the requirement for contractor scheduled , including format (bar chart vs. CPM), level of detail, submittal requirements, frequency of schedule updating, damages for failure to submit, delay or time extension analysis requirement, actions to be taken in the events of forecasted late schedule, etc. 1.12.18 Suspension of Work This clause habitually allows a project owner to suspend or stop all or some of the work, with or without clause. Such clauses normally provide for some adjustment to the terms of the contract in such events, including a time extension and payment of delay costs. However, recovery of time and cost limited by the terms of contract. Often, if the actual clause of the suspension order is something for which the contractor is responsible (i.e., unsafe work conditions, work not in compliance with contract requirement, etc.) no recovery time or cost is allowed. This clause gives the owner choice to delete the some or whole part of work with legal manner 1.12.19 Termination Almost all contracts have a provision allowing the owner to end, in whole or in part, performance of the work prior to project completion. There are, typically, two types of termination; termination for convenience and termination for default. Termination for convenience usually occurs when a project owner decides, for their own reasons, not to complete the project as designed. Such situations might arise if the owners needs change, if project financing fails, or if the underlying project economics change substantially. In such a circumstance, the owner may elect to terminate the contractors performance for the convenience of the owner and pay off the contractor in accordance with the terms of the clause. Termination for default arises only when a contractor is found to be in material breach of the contract, has been provided with a cure notice form the owner outlining the material breach, and has failed to remedy the breach in a timely manner. Usually the owner will terminate the co ntractor from the project and call upon the contractors financial guarantees to complete the work (i.e., letter of credit or surety bond). Some contracts also provide a contractor the right to terminate their participation in a project. Under certain carefully proscribed circumstances (such as, failure to make payments, bankruptcy of the owner, suspension of the work for more than a defined period of time, etc.) the contractor is allowed to terminate their own involvement in the project. 1.12.20 Time of the Essence/Time of Performance- Timely project completion is normally important, most contracts contain a clause stating that â€Å"Time is of the essence of this contract. â€Å"Such a clause must be included to make enforceable a time of performance clause and collection of late completion damages. Absent such a clause, the time of project completion is considered unenforceable. The time of performance clause, typically expressed either in work or calendar days after issuance of notice to precede, sets froth when the work must be completed and the consequences of failure to meet these dates. 1.12.21 Warranty A warranty clause, which ordinarily continues in existence for some specified period of time after project completion, guarantees the contractors work after project acceptance. It is not uncommon for warranty clauses to require a warranty for 1 year after project completion, during which time, if any portion of the project fails, the contractor is obligated to return to the project and make it right or agree to some commercial settlement of the issue. 1.13 Strengths and Weaknesses of contract in construction industry Various advantages and disadvantages in the usage of contracts. The contracts are imposing a better control over the contractors and always state the penalties for non-compliance. Punishment used as a tool for guidance of the projects for timely completion and it is not working always successfully. 1.13.1 Strengths * Firmly laid down rules and regulations Rules and regulations are made up to follow the instruction in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project. * Pre agreed procedural commitments Contract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the proj Literature Review on Contractual Issues Arising Claims Literature Review on Contractual Issues Arising Claims Avoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation of claims and contract clauses quoted in claims by studying high-rise apartment building and institutional buildings. Construction contract determines the basis for the relationship between the parties involved in it. A contract is a promise or agreement that the law will enforce. Construction contract are very often long, complex document, consequently, disagreement or disputes can arise regarding contractual obligations or expectations, when one party feels that the contractual obligations or expectations have not been meet and they fell that they deserve monetary and/or time compensation they may submit a claim. A claim is defined as an assertation to the right to remedy, relief or property (Canadian Law Directory) Currently construction industry in UAE has number of disputes arrives because of disputed in legal document and poor coordination in general and particular condition of contract. UAE is fast growing country in terms of construction and lots of competition for getting the project because of that contractors are bidding less and claiming more amounts. A client tries to reduce the over all cost of project and contractors tries to get more profit and result is disputes arise. Every claim submitted by the contractor puts presser on client and consequently it affect increasing property price. That is why construction claim are considered as the most unpleasant event in construction industry. Claims can be reduced by proper arrangement of scope of work in contract document. Contract is the document which explains all rolls and liabilities of the parties involved in it. For the purpose of study for analyzing contractual issues literature review is divided in two parts. First part will discus s on Contract law in general and particular terms used in formation of construction contract. Second chapter will discuss on Claims under FIDIC contract and previous research in claims. 1 Introduction to contract law 1.1 Legal systems A legal system, is a system for identifying factual situations where the state will impose sanctions on a person (criminal law), where one person can seek redress from another person (civil law), and where a person can challenge decisions of the state and public bodies, such as local authorities (administrative law)1. For example: If someone takes property belonging to another with the intention of permanently depriving them of that property, this is categorized by the criminal law as a crime (theft) for which the state can seek an order for imprisonment, a fine or both. The same conduct is categorized by the civil law as a tort (known as conversion) for which the person whose property is taken can seek an order requiring the person taking the property to return it, to pay compensation (damages), or both. If the property is taken by the state or a public body in wrongful exercise of a statutory or other power, the decision to do so can be challenged in administrative law by seeking a declaration that it is invalid and should be reconsidered. 1.2 Criminal, civil and administrative law The criminal law is principally concerned with the imposition of fines and imprisonment sought by the state against persons. The civil law is concerned with awarding compensation and making orders in favor of one person against another. Administrative law is principally concerned with making orders concerning the administrative actions of the state and public bodies. 1.3 Obtaining redress The usual means of obtaining redress is in a court of law. The criminal courts, primarily the Magistrates Courts and the Crown Court, are concerned with redress in respect of criminal matters .The civil courts, primarily the County Courts and the High Court, are concerned with redress regarding civil claims. In many countries, a separate court is established to deal with claims concerning the administrative actions of the state and public bodies, but this is not the case in everywhere, where administrative law matters are dealt with by the High Court. The courts are not the only means of obtaining redress in many civil matters. 1.4 The civil law of obligations Each of the principal divisions of law criminal law, civil law and administrative law contains numerous subdivisions. The subdivision that is relevant to this publication, and to the series of which it forms part, is that part of the civil law concerned with the law of obligations. 1.5 Obligations in contract and tort The law of obligations has, in turn, two parts: the law of contract and the law of torts. In the law of contract, a persons obligations are primarily founded on agreement and are, in general, owed only to the other party to the agreement, not to persons generally. Because obligations owed in contract are founded on agreement, they can be as prescriptive and detailed as the parties wish and their agreement requires. For example, agreed obligations can concern the development of an office block in accordance with detailed requirements, or the structuring of a long-term business relationship, such as a partnership. It would be impossible to regulate such relationships using only the law of torts, since obligations in tort are too generalized. In the law of torts, a persons obligations are primarily determined by general principles of law and are, ordinarily, owed to persons generally. Since obligations owed in tort are imposed as part of the general law, they are expressed in the form o f general standards of conduct. For example: the obligation to exercise reasonable skill and care so as not to cause injury or damage to others forms the basis of the tort of negligence; the obligation not to unreasonably interfere with a persons use or enjoyment of their land forms the basis of the tort of nuisance. Both parts of the law of obligations are significant for the construction industry. Work on a building project, such as the provision of consultant services, construction or materials, will ordinarily be carried out under a contract since this is the only way that obligations having the required definition and precision can be given legal force. But the work provided may, if defective, cause damage not only to the person with whom those obligations are agreed but to others, such as adjacent landowners, users and subsequent owners of the project. While the person or persons with whom the contract is made will, ordinarily, be able to seek redress in the law of contract, t hose who are not parties to that contract will have to seek redress in the law of torts. The law of contract is of fundamental importance for the construction industry because the contract is the principal vehicle for those working on a project to be engaged, their obligations are regulated and redress assessed if things go wrong. The law of torts has a subsidiary importance if things do go wrong. 1.6 Rights and obligations The law is often discussed in terms of obligations, there is, in general, for each obligation a corresponding right .Thus, an obligation not to unreasonably interfere with a persons use or enjoyment of land can be seen, from the perspective of a landowner, as a right to enjoy and use their land free from such unreasonable interference. An obligation to perform the terms of an agreement can be viewed from the other partys perspective as a right to have those obligations performed. In contract law, these rights and obligations are often referred to as the benefits and burdens of the contract. 1.7 Defining a contract There are various definitions that attempt to encapsulate the essential nature of a contract. The definition that is most readily understandable in a commercial context is that a contract is an agreement that gives rise to obligations, and corresponding rights, that the law will recognize and enforce. Since a contract is founded on agreement, the parties are free, within wide limits, to agree the obligations to which they wish to be bound. This is known as the doctrine of freedom of contract. It means, at any rate in a commercial context, that the parties to a contract will ordinarily be bound by the agreement they make, however inappropriate, one sided or even ruinous that agreement may turn out to be for one of them. The corollary of the doctrine of freedom of contract is that a person cannot be forced to contract. In a commercial context this means that, if terms cannot be agreed, either party to the negotiations can walk away, however inconvenient or costly, in terms of wasted time and money, this is for the other party. It may be possible to break off negotiations and walk away even if work has commenced in anticipation of a proposed contract. Once a contract is concluded, it binds the parties in law. If a party to a contract fails to comply with its obligations under the contract, the other can seek redress for that failure. This can be done, as appropriate, by enforcing a right to payment (a claim in debt), by seeking financial compensation for losses suffered as a result of the failure (a claim in damages for breach of contract) or, in certain circumstances where financial compensation does not provide adequate redress, by an order that the defaulting party perform its obligations (a claim for specific performance) or stop acting in breach of its obligations (an injunction). For example, if a consultant fails to perform services he or she has contracted to provide, the client can seek damages based on the additional cost of obtaining substitute performance from another consultant. If an employer fails to pay for work provided by a contractor, the contractor can recover that payment as a debt. If a person contracts to se ll land, such as an office or house, but refuses to complete the sale, the purchaser can seek an order that the land be conveyed to it. 1.8 Categories of contract The categories of contract is most relevant to the construction industry include the following. Contracts made by deed and simple contracts (the rest). Contracts entered into by deed do not require consideration; simple contracts do. For example, a promise of a gift will be contractually binding only if it is given by deed. Contracts made by deed also attract a longer limitation period (the period during which proceedings for redress must ordinarily commence) than simple contracts. The period is 12 years from breach for contracts made by deed, 6 years from breach for simple contracts. Contracts for estates or interests in land (such as a contract for the sale or lease of a house or office). Such contracts are governed by the Law of Property Acts and related legislation and by that branch of the law known as the law of real property. Most of such contracts are subject to the code for payment and dispute resolution provided for in that Act. Arbitration agreements (an agreement that provides that disputes will be determined by a private tribunal sitting as arbitrator, not by the court). Such agreements are subject to the detailed code set out in the Arbitration Act 1996. Consumer contracts (certain categories of contract, principally contracts for goods, for work and materials and for services where one of the parties is contracting for purposes that are outside the scope of its business, if any, and the other is contracting in the course of a business). Such contracts are subject to various statutory controls that may invalidate certain types of unfair or unreasonable terms imposed to the determent of the consumer. 1.9 The importance of contracts in the construction industry: Contract is only the forming agreements that are recognized as binding by the law of contract that the parties can regulate their rights and obligations in the knowledge that these rights and obligations can, if necessary, be enforced. Given the importance of contract law in structuring commercial relations, it is surprising that those procuring and providing work in the construction industry often deal inadequately with the formation of their contracts. This leads not only to uncertainties about what was agreed and when, but also to disputes about whether a binding agreement was concluded at all and whether legally enforceable obligations are created to provide work or to pay for it. Such disputes can arise during the work as well as after it is completed. 1.10 Contractual terms used in formation of contract The obligations that the parties accept when they conclude a contract are contained in its terms. The terms may be express or implied or, more usually, a combination of both. 1.10.1 Express terms Express terms are those that the parties expressly state when making their contract. Express terms may be written or oral. Oral terms may be evidenced in writing. * Written terms set out in documents forming the contract for example, where a client and builder execute a copy of a standard form building contract, such as a copy of the FIDIC condition of contract setting out all of the terms they have agreed, or where, as is often the case in a contract for the sale of goods, all of the terms are set out in a letter of offer, accepted by the purchaser orally or by conduct. * Written terms contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract * Oral terms agreed at a meeting or over the telephone. It is preferable for oral terms to be recorded (evidenced) in writing so that there can be no dispute about what was said, for instance by making and circulating a note of what was agreed. But failure to do this will not affect the validity of such terms, unless the contract is of a type whose terms must be made or evidenced in writing. 1.10.2 Implied terms Implied terms are those that are included in a contract even if the parties do not expressly refer to them at the time the contract is concluded. * Contract terms are implied by law or by statute if the contract is of a type in which such terms are ordinarily implied and the implication of those terms is not contrary to the express terms of the contract. For example, terms are ordinarily implied by the Sale of Goods Acts into contracts for the sale of goods, and by the Supply of Goods and Services Acts and law into contracts for work and materials or for services. * Terms implied to reflect the parties presumed intention if, having regard to the words used in the contract and the circumstances at the time it was concluded, they are necessary to give business efficacy to the contract or are so obviously a part of the contract that both parties would, if asked at the time, have said that they go without saying. For example, a contract to use a wharf will be subject to an implied term that it is safe for the ship to lie at that wharf. But a term will not be implied on this basis if it is inconsistent with the express words of the contract. * Terms may be implied by custom where the custom is a certain and general incident of a particular trade or place, and the use of the term is well known, reasonable and not contrary to law or to the express words of the contract. * Contract terms implied by course of dealing where the parties have contracted on the same terms on a number of previous occasions and they make another contract of similar type without expressly referring to those terms. 1.10.3 Exemption clauses An exemption clause is a contract term by which one party, usually but not invariably the party proposing the terms of contract, seeks to avoid or exempt itself from what would otherwise be its obligations or liability under the contract (an exclusion clause), or seeks to restrict or limit its liability in some way (a limitation clause).An exemption clause can work indirectly by, for instance, restricting the enforcement of obligations under a contract, or by making enforcement unusually onerous. Exemption clauses are commonly found in standard terms of business. For example, a seller of goods may seek to limit its obligations by providing in its standard terms that they form the whole agreement of the parties, and no terms are to be implied at law. The purpose of such wording is to exclude the implied terms of quality and title that would otherwise apply to the contract. A consultant provides in its terms of appointment that any liability, whether for default under the contract or in negligence, is limited to a specific sum. The purpose of such a provision is to cap the consultants potential liability to its client. Because exemption clauses exclude or limit what would otherwise be a partys obligations or liabilities under a contract, they must be clearly incorporated and clearly worded if they are to be effective. There are also various statutory controls over the effectiveness of such provisions, and, in a few instances, criminal sanctions are imposed on those who seek to include such clauses in their contracts. 1.11 Most Commonly Used Types of contract in UAE construction industry There are various types of conditions of contracts used all over the world. Most commonly used conditions of contracts in the past are FIDIC in Middle East JCT NEC in United Kingdom. In United Kingdom mainly JCT NEC conditions of contract is in practice in various forms. The conditions of contracts are listing the legal structure to be refereed to in case of any dispute or ambiguity arises. It also establishes a common basis to both the contractor and the client in understanding each partys commitments and rights against the other party. Understanding the rights and obligations are important prior to the agreement of a contract between the parties. 1.12 Key contract clauses used in condition of contract 1.12.1 Audit This clause typically outlines an owners right to perform reviews (audits) of contractor costs or records. Such clauses ordinarily outline what costs or records are subject to audit, when and under what circumstances. In cost plus contract this clause is very useful to client to restrict the overall project cost 1.12.2 Changes This clause is critical. This is the clause that allows the owner to direct changes to the work, including plans, specifications, and time of performance, means, and methods. Absent a change clause, an owner is precluded from making changes to the work. Of particular importance in this clause is whether the clause allows the owner to unilaterally direct changes to the work (in which case, if the contractor refuses to comply with the directives, they are in breach of the contract). Alternatively, the clause requires the owner and the contractor to mutually agree on the change (a bilateral change). On the other hand if there has been any discrepancy in specification or drawing this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or negative variation in construction industry. 1.12.3 Contractor Responsibilities This clause lays out, in general form, the duties, obligations and responsibilities of the contractor in performance of the work. This clause assigns specific risks to the contractor, including customarily the risk of adequate labor and equipment to accomplish the work within the required timeframe, the obligation to perform work safely, to perform work in strict accordance with the terms and conditions of the plans and specifications, and to be responsible for the work of subcontractors and suppliers, etc. This clause is very important in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get relief and guaranty for the works which has to be executed. 1.12.4 Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. â€Å"Excusable delay† under a contract results in time extensions but no time related damages. That is, a contractors performance time is extended because of excusable delay situation, but the contract is not entitled to collect time extension costs nor is the owner entitled to impose late completion damages for this time. â€Å"Compensable delay†, on the other hand, results in both a time extension as well a time excusable and compensable to the contractor while contractor caused delay is the responsibility of the contractor (to either make up the lost time or pay the contractually stipulate late completion damages). Third-party caused delay (sometimes referred to as force majeure delay) is, most often, excusable and no compensable to the contractor. 1.12.5 Differing Site Conditions or Changed Conditions This clause normally provides an equitable adjustment to the contract in the event the contractor encounters a materially different condition at the site during performance of the work. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non stop rain for few month. Differing site conditions are unforcing events no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims 1.12.6 Dispute Resolution This clause customarily sets forth the mechanism to resolve disputes during the performance of the work. Most dispute clauses contain some form of a stepped resolution system. For example, the clause may require on site negotiation between project managers, followed by an appeal to project executives, followed by 3 days of mediation, followed by binding arbitration under a formal set of rules. Often, the location (jurisdiction) of the disputes resolution will be set forth. In construction industry there are several methods of dispute resolution like negotiation, mediation, Conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own framework to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry. 1.12.7 Force Majeure Some contracts contain a force majeure clause or a clause dealing with delays to the work caused by unforeseeable events beyond the control of both the owner and the contractor. Such clauses often provide lists of examples of force majeure events acts of God, acts of the government, civil disorder, acts of war, adverse weather, fires, floods, strikes, etc. Other contracts provide for such events in the excusable delay clause. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain loss or expense due to unforeseen event. 1.12.8 Governing Law The contracts involve parties from differing locations with subcontractors and suppliers from even more locations. Accordingly, contracts often specify which law applies to a dispute, regardless of where the dispute is handled. 1.12.9 Indemnification To indemnify another is to protect them against loss or damage either by paying for the loss or standing in their place in the event of legal dispute. An indemnification clause in a contract typically requires a contractor to indemnify the owner against all loss resulting from contractor errors, omissions, accidents, third party property damages in construction industry. 1.12.10 Insurance This clause requiring the owners and contractors to furnish multiple insurance policies prior to commencing work, among which are the following: builders risk/all risk; workmans compensation; automobile, aircraft, and/or marine liability; general liability; bodily injury; broad form property damage; completed operations; personal injury; etc. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document. 1.12.11 Late Completion Damages This clause specifies the damages for late completion. In general terms, there are two types of late completion damages actual and liquidated. Actual damages are those damages an owner actually suffers when a contract is completed late and may include loss of revenue, increased engineering, architectural or inspection services, increased financing costs etc. Liquidated damages, on the other hand, is a pre-agreed upon amount the contractor will pay the owner in the event the project is completed late due to no excusable delay cause-that is, due solely to the contractors fault. Such damages are typically expressed in terms of a daily cost and need not be proven as actually incurred if the project is completed late. 1.12.12 Limitation of liability In order to cap (or limit) a contractors risk from late completion damages, performance penalties, etc., under a contract, many contracts contain a clause limiting maximum liability to a percentage of the value of the contract. However this clause is very important UAE construction industry. UAE is fast growing country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction. 1.12.13 Order of Precedence This clause intended to provide guidance to both the owner and the contractor in the event of conflicting provisions. Typically, specifications have precedence over general provisions, and so on and so forth. The legal concept is to provide guidance to people on projects in the event there are two or more conflicting provisions relating to a topic. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the above mentioned order is used to settle the disputes in construction 1.12.14 Owner Responsibilities Similar to a contractor responsibility clause, an owner responsibility clause ordinarily sets forth the obligations of the project owner, including adequate project financing, all required and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take any action during the execution of works 1.12.15 Payments This is key contract clause in terms of project cash flow. This clause sets forth how often the contractor is to be paid, in what manner, and what are the conditions precedents to the issuance of payment. In construction it helps the contractor to manage the finance before the commencement of project. 1.12.16 Quantity Variations The contracts contain estimated quantities to be installed. In the event as-bid quantity estimates vary substantially (+/- 10 percent or more) many contracts (both unit price and lump sum) contain a quantity variation clause which allows either the owner or the contractor to request a predetermination of the as-bid unit price on affected portions of the work. 1.12.17 Schedules A schedule clause typically sets forth the requirement for contractor scheduled , including format (bar chart vs. CPM), level of detail, submittal requirements, frequency of schedule updating, damages for failure to submit, delay or time extension analysis requirement, actions to be taken in the events of forecasted late schedule, etc. 1.12.18 Suspension of Work This clause habitually allows a project owner to suspend or stop all or some of the work, with or without clause. Such clauses normally provide for some adjustment to the terms of the contract in such events, including a time extension and payment of delay costs. However, recovery of time and cost limited by the terms of contract. Often, if the actual clause of the suspension order is something for which the contractor is responsible (i.e., unsafe work conditions, work not in compliance with contract requirement, etc.) no recovery time or cost is allowed. This clause gives the owner choice to delete the some or whole part of work with legal manner 1.12.19 Termination Almost all contracts have a provision allowing the owner to end, in whole or in part, performance of the work prior to project completion. There are, typically, two types of termination; termination for convenience and termination for default. Termination for convenience usually occurs when a project owner decides, for their own reasons, not to complete the project as designed. Such situations might arise if the owners needs change, if project financing fails, or if the underlying project economics change substantially. In such a circumstance, the owner may elect to terminate the contractors performance for the convenience of the owner and pay off the contractor in accordance with the terms of the clause. Termination for default arises only when a contractor is found to be in material breach of the contract, has been provided with a cure notice form the owner outlining the material breach, and has failed to remedy the breach in a timely manner. Usually the owner will terminate the co ntractor from the project and call upon the contractors financial guarantees to complete the work (i.e., letter of credit or surety bond). Some contracts also provide a contractor the right to terminate their participation in a project. Under certain carefully proscribed circumstances (such as, failure to make payments, bankruptcy of the owner, suspension of the work for more than a defined period of time, etc.) the contractor is allowed to terminate their own involvement in the project. 1.12.20 Time of the Essence/Time of Performance- Timely project completion is normally important, most contracts contain a clause stating that â€Å"Time is of the essence of this contract. â€Å"Such a clause must be included to make enforceable a time of performance clause and collection of late completion damages. Absent such a clause, the time of project completion is considered unenforceable. The time of performance clause, typically expressed either in work or calendar days after issuance of notice to precede, sets froth when the work must be completed and the consequences of failure to meet these dates. 1.12.21 Warranty A warranty clause, which ordinarily continues in existence for some specified period of time after project completion, guarantees the contractors work after project acceptance. It is not uncommon for warranty clauses to require a warranty for 1 year after project completion, during which time, if any portion of the project fails, the contractor is obligated to return to the project and make it right or agree to some commercial settlement of the issue. 1.13 Strengths and Weaknesses of contract in construction industry Various advantages and disadvantages in the usage of contracts. The contracts are imposing a better control over the contractors and always state the penalties for non-compliance. Punishment used as a tool for guidance of the projects for timely completion and it is not working always successfully. 1.13.1 Strengths * Firmly laid down rules and regulations Rules and regulations are made up to follow the instruction in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project. * Pre agreed procedural commitments Contract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the proj

Chesapeake Bay Labors in Colonial America :: essays research papers

Looking at the early English colonies in the Chesapeake Bay region, it’s clear that the English had not learned any lessons from their experiences at Roanoke. Poor planning, a bad location, unrealistic expectations, flawed leadership, unsuccessful relations with the local Indians, and no hope of finding the mineral wealth the Spanish found in Mexico, all contributed to failure. The first colonists in the Chesapeake region were not only ignorant, lazy and unambitious, but their attempts were hampered before they had begun. However, a solution to these problems was found in a single plant: tobacco. Nevertheless, this cash crop ultimately created numerous problems for the colonists. The ignorance and indolent acts of the Chesapeake colonists to unsuccessfully restore the colony by themselves led to the demise of the colony as a whole especially regarding the planting of agricultural goods for food. With an eye toward finding precious metals, the Virginia Company, a joint stock company sent jewelers, goldsmiths, aristocrats, and the like, but not a single farmer. As the company had expected, the settlers spent their time searching for gold, and hoped to obtain all of their food by trading with the nearby Powhatan tribes. This made their settlement neither profitable nor socially stable, since individual colonists felt little attachment to their community but instead sought individual wealth. A lack of social bonds in the community was further exacerbated by the fact that all the initial colonists, and most of the later arrivals, were male. Without wives or children to protect, the colonists had little incentive to protect their settlement or work towards its long-term growth. The noblemen who made the journey to the Americas often came with their respective titles, but no wealth, because of the British custom of primogeniture. These second born sons intended to create their wealth through exploitation of the Native American population and the many indentured servants who came to work for them. However in the early colonial years, these nobles became great burdens on the society, due to their refusal and laziness to participate in the cultivation of the land. Instead of farming to produce food, these nobles came with the intention of feeding themselves by conquering nearby tribes and looting the precious stones, as the Spanish had previously done. â€Å"†¦the colonists were not growing enough to feed themselves and were still begging, bullying, and buying corn from the Indians whose land they scorched so deliberately†(Morgan 50).

The High Price of Urban Sprawl Essay -- Urbanization Urban Essays

Urban sprawl is a social pattern describing the way cities continue to grow outward uncontrollably. People who do not want to live in an urban atmosphere often seek refuge in suburban areas that have access to metropolitan areas. As more people follow this trend the suburban areas slowly become developed and new areas must be sought for people to inhabit. This leaves some city workers commuting in trains, cars, or even buses for hours. Urban sprawl is not the luxury that it seems to be but actually a social pattern with a great deal of costs. Although people who submit to urban sprawl believe they are getting the best of both worlds, working in the center of development while also living away from it, they also suffer great losses. Land is used improperly, the environment is damaged, and a long and expensive commute is created. While it seems that living away from the city is worthwhile to people in the present, the benefits come with some very high costs. Some people who deal with urban sprawl in the northeast United States make very long commutes from New Jersey to New York City. It is not uncommon for people to commute up to one hundred miles one way to get to work. No matter the form of transportation this proves to be a very long trip twice a day five days a week. Traffic is inevitable with many other people going across the George Washington Bridge, or taking major highways such as the New Jersey Turnpike into New York. According to the 2000 US Census Bureau Statistical Abstract, miles driven to work has been on a slow rise in the United states since 1969. Info from Census Bureau: 1969 1990 1995 MILES Home to Work- 4,183 ... ...me than others but still present for all. Urban sprawl is a phenomenon that undoubtedly comes with many costs, however benefits also exist. In terms of a cost benefit analysis, the answer to the question, â€Å"Is it really worth it?† lies in the individual. Works Cited Ciscel, David H. The Economics of Urban Sprawl: Inefficiency as a Core Feature of Metropolitan Growth. Journal of Economic Issue, Jun 2001, Vol. 35 Issue 2, p405, 9p Gordon, Peter and Richardson, Harry. Critiquing Sprawls Critiques: Policy Analysis, January 24, 2000 Mckee, David and Smith, Gerald. Environmental Diseconomies of Urban Expansion. American Journal of Economics and Sociology Sheehan, Molly O’ Merar. Cars Drive Up the Costs of URBAN SPRAWL. USA Today Magazine, 20020101, Vol. 130, Issue 2680 US Census Bureau, Statistical Abstract of the United States; 2000, p631, 632

Animal Farm Dystopia :: Literary Analysis

Animal Farm is about a group of animals taking over the farm in the search for freedom and equality, but over time with wrong decisions made one animal takes control of all. Animal Farm is an example of a dystopia because it is based on five out of the nine traits dystopias have these traits are restrictions, fear, dehumanization, conformity, and control. One quality of a dystopia that is very well represented in Animal Farm is restriction. The animals had seven commandments that must always be followed and four of them were restrictions. One restriction given to the animals was â€Å"no animal shall ever wear clothes† (19) animals were forbidden from clothes because only humans were supposed to wear them. Another restriction animal had that â€Å"no animal shall ever drink alcohol† (19) the animals could not drink alcohol because only humans did and alcohol caused them to act crazy. One major restriction the animals had was â€Å"no animal shall kill any other animal† (19) this restriction of no killing was made by other animals for all the animals to follow. Animal farm has many examples of dystopia but the strongest quality of one is restriction. In Animal Farm fear is used to keep the animals under control. Old major told the animals â€Å"Man is the only real enemy we have. Remove Man from the scene and the root cause of hunger and overwork is abolished forever.†(5) Old Major used fear to get the animals to revel by telling them how horrible Johns was, and how john treated them badly and miss feed them. Also fear was used by Squealer when he says â€Å"surely there is no one among you who wants to see Jones come back?†(28) The pigs knew that the animals were mistreated by Johns and that no one wanted him back so the pigs asked for more food so johns would not come back to the farm. Napoleon kept the animals doing what he wanted by scaring them in to thinking that snowball betrayed them â€Å"snowball was declared to be hiding at Foxwood†(63) Napoleon would tell the animals that snowball was doing all kinds of bad things, and some animals were afraid to sleep. Control is used in animal farm to keep the animals away from disobeying. Napoleon took over the farm by controlling the animals he made Snowball be chased out by â€Å"nine enormous dogs.†(43) Napoleon made the dogs chase Snowball out because he had different points of view than Napoleon, and Napoleon wanted to control the animals with his ideas.

The Lust Lizard of Melancholy Cove Chapter 11~12

Eleven Catfish Catfish awoke to find a paint-spattered woman padding about the house in nothing but a pair of wool socks, in which she had stuck several sable brushes that delivered ochre, olive, and titanium white strokes to her calves whenever she moved. Canvases were propped on easels, chairs, counters, and windowsills – seascapes every one. Estelle moved from canvas to canvas, palette in hand, furiously painting details in the waves and beaches. â€Å"Y'all woke up inspired,† Catfish said. It was past dusk, they had slept away the daylight. Estelle painted by the light of fifty candles and the orange glow that washed from the open doors of the wood stove. Color correctness be damned, these paintings should be viewed by fire. Estelle stopped painting and raised her brush arm to cover her breasts. â€Å"They weren't finished. I knew something was missing when I painted them, but I didn't know what until now.† Catfish cinched his pants around his waist and walked shirtless among the paintings. The waves writhed with tail and scale and teeth and talon. Predator eyes shone out of the canvases, brighter, it seemed, than the candles that lit them. â€Å"You done painted that old girl in all of 'em?† â€Å"It's not a girl. It's male.† â€Å"How you know that?† â€Å"I know.† Estelle turned and went back to her painting. â€Å"I feel it.† â€Å"How you know it look like that?† â€Å"It does, doesn't it? It looks like this?† Catfish scratched the stubble on his chin and pondered the paintings. â€Å"Close. But it ain't a boy. That ol' monster the same one come after me an Smiley for catchin its little one.† Estelle stopped painting and turned to him. â€Å"You have to play tonight?† â€Å"In a little while.† â€Å"Coffee?† He stepped up to her, took the brush and palette from her, and kissed her on the forehead. â€Å"That sho' would be sweet.† She padded to the bedroom and came back wearing a tattered kimono. â€Å"Tell me, Catfish. What happened?† He was sitting at the table. â€Å"I think we done broke a record. I'm sore.† Estelle smiled in spite of herself, but pressed on. â€Å"What happened back then, in the bayou? Did you call that thing up out of the water somehow?† â€Å"What you thinkin, woman? I can do that, you think I be playin clubs for drinks and part the door?† â€Å"Tell me how you felt back then, when that thing came out of the swamp.† â€Å"Scared.† â€Å"Besides that.† â€Å"Wasn't nothing besides that. You heard it. Scared is all there is.† â€Å"You weren't scared after we got back here last night.† â€Å"No.† â€Å"Neither was I. What did you feel back then? Before and after the thing came after you.† â€Å"Not like I'm feelin now.† â€Å"And how is that?† â€Å"I'm feelin real good to be here talkin to you.† â€Å"No kidding. Me too. How about back then?† â€Å"Stop doggin me, girl. I'll tell you. But I gots to go play in an hour and I don't know that I can.† â€Å"Why not?† â€Å"The Blues ain't on me. You done chased 'em off.† â€Å"I can throw you out in the cold without a shirt if you think it will help.† Catfish squirmed in his chair. â€Å"Maybe some coffee.† Catfish's Story After we gets some distance from whatever chasin us, we stop the Model T Ford and me and Smiley put that big ol' catfish thing in the backseat – his tail hangin out one side an' his head out't'other. Now this ain't at all what I expected, and Smiley ain't got the Blues on him, but I'm gettin me a grand case myself. Then I realizes we got us five hundred dollar coming, and them ol' Blues done melt right away. I say, â€Å"Smiley, I believes we should have us some celebratin, startin with some liquor and endin up with some fine Delta pussy. What you say?† Ol' Smiley, like usual, don't wanna piss on the parade, but bein who he is, he point out we aint got no money and Ida May don't approve of no pussy more'en a hundred yard from the house. But he feelin it too, I can tell, and before long we headed down a back road to find a bootlegger I know down there name of Elmore that sells to colored folk. That ol' white boy ain't got but two teeth, but he grindin 'em when we pulls up, all mad and wavin his shotgun like we come to bust up his still. I say, â€Å"Hey, Elmore, how your lovely wife and sister?† He say she fine, but lessin we shows some money quick, he gonna shoot him some niggers and get back to her before she cool off. â€Å"We a little short,† I say. â€Å"But we have us five hundred dollar come morning iffin you kind enough to give us a jug on credit.† An' then I shows him the catfish. That boy liked to shit his pants, and I was hopin he would, just to cover the smell comin off him natural, but instead he say, â€Å"I ain't waitin 'til mornin'. You want a jug, you give me a hunk o' that catfish right now. A big hunk.† Smiley and I thinks it over, and before long we got us a half-gallon of corn mash and ol' Elmore got hisself enough catfish to feed his wives and children and them-thats both for a week or more. Up the road a spell and this old whore name of Okra givin us the same speech about money, plus she sayin we need to take us a bath before she let us anywhere near her girls. And I comes back with the five-hundred-dollar story. She say five hundred dollar tomorrow and we can come in tomorrow, but if we want some pussy tonight, she want a hunk of that old catfish in the back. Them hos can eat some catfish too, I'm tellin you. I thought Smiley finally gettin the Blues on him when I hears him sayin how he give up a hundred dollar worth of catfish just for a bath. But that his choice. He wait in the car 'til I'm done and we head off to find a place to sleep 'til morning when we can cash in the fish. We pulls down a side road into some bushes, and we commencin to get us some sleep after a drink or two, when who come out the woods but a whole bunch of boys wearin them white sheets and pointy hoods, sayin, â€Å"Nigger, I guess you didn't read the sign.† And they tie us up to that ol' catfish and make us drag it back in the woods to a big ol' fire they got goin. That sho' a chill, I gots to tell you. To this day I can't walk by sheets hangin on a line without my backbone freeze up. I knows we sho' gonna die now, sayin my prayers and all best I can, while them boys kickin me in the mouth an' such while eatin catfish pieces what they roasted on sticks. Then I feels it and the kickin stops. I see ol' Smiley lyin in the dirt, coverin his head with his arms, one ol' bloody eye lookin' over at me. He feel it too. Them Klansmen staring into the woods like they long-lost momma gonna come out, big ol' grins on they faces, half of 'em rubbin they dicks through they pants. And she come out, all right. Big as a train, a howl like to make your ears bust and bleed. She take two of them in the first bite. I don't have to write Smiley no letter. Before we can say somethin, we up and runnin, still tied up to what left of that catfish carcass, running back for the road. We finds us a knife in the car and we gets loose lickety-split – Smiley crankin that ol' Model T and me behind the wheel workin the choke. Hollerin and screamin comin out the woods sounding like music now, them Klansmen gettin all eat up. Then it get quiet, just the sound of our breath and Smiley crankin the Model T. I'm yellin for him to hurry, I can hear that thing crashin though the woods. And finally, the Model T cranks over, but I can hardly hear it, 'cause that old dragon thing done broken out the woods and lets go a roar. I tells Smiley to get in, but he run back to the back of the car. â€Å"What you doing?† I say. â€Å"Five hundred dollar,† he say. And I see he throwing the catfish in the backseat. That stinky thing ain't nothin but a head now, so Smiley throw it in by hisself. Then he makes to jump on the running board and I looks over and he just snatched out the air. Gone. And them jaws coming down for the second time when I pull that ol' Model T in gear and take off. Smiley gone. Gone. Next day I find that white man say he pay five hundred dollar for the catfish, and he look at that big fish head and jus laugh at me. I say I lose the best friend I ever had, he better give me my goddamn money. But he laugh and tell me go away. So I hit him. Took that old fish head to court with me, but it don't make no difference. That judge give me six months in jail – hittin a white man and all. He tell the bailiff, â€Å"Take Catfish away.† They call me Catfish since. I don't tell the story no more, but the name still there. Had the Blues on me ever since, but they ain't no makin amends. By the time I get out, Ida May die of grief, and I ain't got a friend alive. Been on the road since. That thing on the beach, make that sound, she lookin for me. Catfish â€Å"It's a male,† Estelle said. She didn't know what else to say. â€Å"How you know?† â€Å"I know.† She took his hand. â€Å"I'm sorry about your friend.† â€Å"I just wanted him to get the Blues on him so we can make us a record.† They sat there at the table for a while, holding hands. Catfish let his coffee go cold in the cup. Estelle ran the story around in her head, both relieved and fearful that the shadows in her paintings now had a shape. Somehow, as fantastic as it was, Catfish's story seemed familiar. She said, â€Å"Catfish, did you ever read The Old Man and the Sea by Ernest Hemingway?† â€Å"He that boy write about bullfights and fishing? I met him once, down Florida way. Why?' â€Å"You met him?† â€Å"Yeah, that sumbitch didn't believe that story neither. Said he like to fish, but he don't believe me. Why you ask?† â€Å"Never mind,† Estelle said. â€Å"If this thing eats people, don't you think we should report it?† â€Å"I been tellin folks about that monster for some fifty years, ain't no one believed me yet. Said I was the biggest liar ever come outta the Delta. I'd have me a big house and a stack of records if not for that. You call the law and tell them 'bout this, they gonna call you the crazy woman of Pine Cove.† â€Å"We already have one of those.† â€Å"Well, ain't no one gonna get eat but me, and if I lose this gig 'cause they thinkin I'm crazy, I have to be movin on then. You understand?† Estelle took Catfish's cup from the table and placed it in the sink. â€Å"You'd better get ready to go play.† Twelve Molly To distract herself from the dragon next door, Molly had put on her sweats and started to clean her trailer. She got as far as filling three black trash bags with junk food jetsam and was getting ready to vacuum up the collec-tion of sow bug corpses that dotted her carpet when she made the mistake of Windexing the television. Outland Steel: Kendra's Revenge was playing on the VCR and when the droplets of Windex hit the screen, they magnified the phosphorescent dots, making the picture look like an impressionist painting: Seurat's Sunday Afternoon on the Island of Le Grande Warrior Babe perhaps. Molly froze the frame on the gratuitous shower scene. (There was always a shower scene in the first five minutes of her films, despite the fact that Kendra lived on a planet almost completely devoid of water. To address this problem, one young director had gotten the bright idea of using â€Å"anti-radioactive foam† in the shower scene and Molly had spent five hours with whipped Ivory Snow suds being blown on to her by an offscreen Shop-Vac. She ended up playing the rest of the film in a Bedouin burnoose to cover the rash that developed all over her body.) â€Å"Art film,† Molly said, sitting on the floor in front of the TV, dowsing it with Windex for the fiftieth time. â€Å"I could have been a model in Paris in those days.† â€Å"Not a chance,† said the narrator. He was still around. â€Å"Too skinny. They liked fat chicks back then.† â€Å"I'm not talking to you.† â€Å"You've used half a bottle of Windex for this little trip to Paris.† â€Å"Seems like cheap travel to me,† Molly said. Even so, she got up and took two glasses from the top of the TV. She was taking them to the kitchen when the doorbell rang. She opened the door with the rims of the glasses pinched in one hand. Outside, two women in dresses and heels and lots of hair spray were standing on her steps. They were both in their early thirties, blonde, and wore stiff smiles of either insincerity or drug use, Molly couldn't be sure which. â€Å"Avon?† Molly asked. â€Å"No,† the blonde in front said with a titter. â€Å"I'm Marge Whitfield, this is Katie Marshall, we're from the Coalition for a Moral Society. We'd like to talk to you about our campaign to reinstate school prayer. I hope we haven't caught you at a bad time.† Katie was in pink. Marge in pastel blue. â€Å"I'm Molly Michon. I was just cleaning up a little.† Molly held up the two glasses. â€Å"Come on in.† The two women stepped in and stood in the doorway as Molly took the glasses to the sink. â€Å"You know, it's interesting,† Molly said, â€Å"but if you put Diet Coke in one glass, and regular Coke in another, and let them sit for, oh, say six months, then come back, there will be all sorts of green stuff growing on the regular Coke, but the Diet Coke will be as good as new.† Molly returned to the living room. â€Å"Can I get you two something to drink?† â€Å"No thank you,† Marge droned in robot response. She and Katie were staring at the paused image of a wet and naked Molly on the television screen. Molly breezed by them and flipped off the television. â€Å"Sorry, an art film I made in Paris when I was younger. Won't you sit down?† The women sat down next to each other on Molly's tattered couch, their knees pinched together so tight they could have crushed diamonds to powder. â€Å"I love your air freshener,† Katie said, trying to pull out of her terror. â€Å"It smells so clean.† â€Å"Thanks, it's Windex.† â€Å"What a cute idea,† Marge said. This was good, Molly thought. Normal people. If I can hold myself together for normal people like these, I'll be okay. This is good practice. She sat down on the floor in front of them. â€Å"So your name is Marge. You don't hear that outside of detergent commercials anymore. Did your parents watch a lot of TV?† Marge tittered. â€Å"It's short for Margaret, of course. My grandmother's name.† Katie jumped in. â€Å"Molly, we're very concerned that our children's education is totally without any spiritual instruction. The Coalition is collecting signatures for reinstatement of prayer in school.† â€Å"Okay,† Molly said. â€Å"You're new in town, aren't you?† â€Å"Why, yes, we've both moved here from Los Angeles with our husbands. A small town is just a better place to raise children, as I'm sure you know.† â€Å"Right,† Molly said. They had no idea who she was. â€Å"That's why I brought my little Stevie here.† Stevie was Molly's goldfish who had died during one of her stays in County. Now he lived in a Ziploc in her freezer and regarded her with a frosty gaze every time she retrieved some ice. â€Å"And how old is Stevie?† â€Å"Uh, seven or eight. I forget sometimes, it was a long labor.† â€Å"He's a year behind my Tiffany,† Marge said. â€Å"Well, he's a little slow.† â€Å"And your husband is†¦?† â€Å"Dead.† â€Å"I'm so sorry,† Katie said. â€Å"No need, you probably didn't kill him.† â€Å"Anyway,† Katie said, â€Å"we'd really like to have your signature to send to the state senate. Single mothers are an important part of our campaign. And we're also collecting donations for the campaign to have the Constitu-tion amended.† She put on an embarrassed smile. â€Å"God's work needs funding too.† â€Å"I live in a trailer,† Molly said. â€Å"We understand,† Marge said. â€Å"Finances are difficult for a single mother. But your signature is just as important to God's work.† â€Å"But I live in a trailer. God hates trailers.† â€Å"Beg pardon?† â€Å"He burns them up, freezes, them out, tears them up with tornadoes. God hates trailers. Are you sure I wouldn't be hurting your cause?† Katie giggled. â€Å"Oh, Mrs. Michon, don't be silly. Just last week I read where a woman's trailer was picked up by a tornado and dropped almost a mile away and she survived. She said that she was praying the whole time and that God had saved her. You see?† â€Å"Then who sent the tornado in the first place?† The two pastel women squirmed on the couch. The blue one spoke first. â€Å"We'd love to have you at our Bible study group, where we could discuss that, but we have to be getting along. Would you mind signing the peti-tion?† She pulled a clipboard out of her oversized purse and handed it over to Molly with a pen. â€Å"So if this works, kids will be able to pray in school?† â€Å"Why, yes.† Marge brightened. â€Å"So the Muslim kids can turn to Mecca seven times a day or whatever and it won't count against their grades?† The blue and pink pastel ladies looked at each other. â€Å"Well, America is a Christian nation, Mrs. Michon.† Molly didn't want them to think she was a pushover. She was a smart woman. â€Å"But kids of other faiths can pray too, right?† â€Å"I suppose so,† Katie said. â€Å"To themselves.† â€Å"Oh good,† Molly said as she signed the petition, â€Å"because I know that Stevie could move up to the Red Jets reading group if he could sacrifice a chicken to Vigoth the Worm God, but the teacher won't let him.† Why did I say that? Why did I say that? What if they ask where Stevie is? â€Å"Mrs. Michon!† â€Å"What? He'd do it at recess,† Molly said. â€Å"It's not like it would cut into study time.† â€Å"We are working on behalf of the One True God, Mrs. Michon. The Coalition is not an interfaith organization. I'm sure that if you had felt the power of His spirit, you wouldn't talk that way.† â€Å"Oh, I've felt it.† â€Å"You have?† â€Å"Of course. You can feel it too. Right now.† â€Å"What do you mean?† Molly handed the clipboard back to Katie and stood up. â€Å"Come next door with me. It'll only take a second. I know you'll feel it.† Theo Theo's hopes of finding Mikey Plotznik rose as he drove through the residential areas of Pine Cove. Nearly every neighborhood had two or three people out searching with flashlights and cell phones. Theo stopped and took reports from each search party, then made suggestions as if he had the slightest idea what he was doing. Who was he kidding? He couldn't even find his car keys half the time. Most of Pine Cove's neighborhoods were without sidewalks or street-lights. The canopy of pine trees absorbed the moonlight and darkness drank up Theo's headlights like an ocean of ink. He plugged his handheld spot-light in the lighter socket and swept it across the houses and into the vacant lots, spotting nothing but a pair of mule deer eating someone's rosebuds. As he drove by the beach park – a grass playground the size of a football field, surrounded by cypress trees and blocked from the Pacific wind by an eight-foot redwood fence – he spotted a flash of white moving on one of the picnic tables. He pulled into the parking strip beside the park and pointed the Volvo's headlights, as well as the spotlight, at the table. A couple was going at it right there on the table. The flash of white had been the man's bare ass. Two faces turned into the light, eyes as wide as the two deer Theo had surprised earlier. Normally, Theo would have driven on. He was used to finding people â€Å"in the act† in cars behind the Head of the Slug, or parked along the more rugged strips of coastline. He wasn't the sex police, after all. But tonight he was irritated by the scene. It had been almost a whole day since he'd had a hit from his Sneaky Pete. Maybe it's a symptom of withdrawal, he thought. He turned off the Volvo and got out, taking his flashlight with him. The couple scrambled into their clothes as he approached, but didn't try to es-cape. There was nowhere for them to go except over the fence, where a narrow beach was bordered on both sides by cliffs and washed by treach-erous, freezing rip tides. When he was halfway across the park, Theo recognized the fornicators and stopped. The woman, a girl really, was Betsy Butler, a waitress down at H.P.'s Cafe. She was struggling to pull down her skirt. The man, bald ing and slack-chested, was the newly widowed Joseph Leander. Theo flashed on the image of Bess Leander hanging from a peg in the spotless dining room. â€Å"A little discretion's in order here, you think Joe?† Theo shouted as he walked toward them. â€Å"Uh, it's Joseph, Constable.† Theo felt his scalp go hot with anger. He wasn't an angry man by nature, but nature hadn't been working the last few days. â€Å"No, It's Joseph when you're doing business or when you're grieving over your dead wife. When you're boning a girl half your age on a picnic table in a public park, it's Joe.† â€Å"I – we – things have been so difficult. I don't know what came over us – I mean, me. I mean†¦Ã¢â‚¬  â€Å"I don't suppose you've seen a kid around here tonight? A boy, about ten?† The girl shook her head. She was covering her face with one hand and staring into the grass at her feet. Joseph Leander's gaze darted around the park as if a magic escape hatch would open up in the dark if he could only spot it. â€Å"No, I haven't seen a boy.† Technically, Theo knew he could arrest them both on the spot for indecent exposure, but he didn't want to take the time to process them into County Justice. â€Å"Go home, Joe. Alone. Your daughters shouldn't be by themselves right now. Betsy, do you have a ride?† Without uncovering her face, she said, â€Å"I only live two blocks away.† â€Å"Go home. Now.† Theo turned and walked back to the Volvo. No one had ever accused Theo of being clever (except for the time at a college party when he fashioned an emergency bong out of a two-liter Coke bottle and a Bic pen), but he was feeling somewhat less than clever for not having investigated Bess Leander's death more carefully. It was one thing to be hired because you're thought to be a fool, it's quite another to live up to the reputation. Tomorrow, he thought. First find the kid. Molly Molly stood in the mud with the two pastel Christian ladies looking at the dragon trailer. â€Å"Can you feel it?† â€Å"Why, whatever do you mean?† Marge said. â€Å"That's just a dirty old trailer – excuse me – mobile home.† Until a second ago, she had only been concerned with her powder-blue high heels sinking into the wet turf. Now she and her partner were staring at the dragon trailer, wide-eyed. They could feel it, Molly could tell. She could feel it too: a low-grade sense of contentment, something vaguely sexual, not quite joy, but close. â€Å"You're feeling it?† The two women looked to each other, trying to deny that they were feeling anything. Their eyes were glazed over as if they'd been drugged, and they fidgeted as if suppressing giggles. Katie, the pink one, said, â€Å"Maybe we should visit these people.† She took a tentative step toward the dragon trailer. Molly stepped in front of her. â€Å"There's no one there. It's just a feeling. You two should probably go fill out your petition.† â€Å"It's late,† said powder blue. â€Å"Maybe one more visit, then we have to go.† â€Å"No!† Molly blocked their path. This wasn't as fun as she thought it would be. She had wanted to freak them out a little, not harm them. She had the distinct feeling that if they got any closer to the dragon trailer, school prayer would be losing two well-groomed votes. â€Å"You two need to get home.† She took each by a shoulder and led them back to the street, then pushed them toward the entrance of the trailer park. They looked longingly over their shoulders at the dragon trailer. â€Å"I feel the spirit moving in me, Katie,† Marge said. Molly gave them another push. â€Å"Right, that's a good thing. Off you go.† And she was supposed to be the crazy one. â€Å"Go, go, go,† Molly said. â€Å"I have to get Stevie's dinner ready.† â€Å"We're sorry we missed meeting your little boy,† Katie said. â€Å"Where is he?† â€Å"Homework. See ya. Bye.† Molly watched the women walk out of the park and climb into a new Chrysler minivan, then she turned back to the dragon trailer. For some reason, she was no longer afraid. â€Å"You're hungry, aren't you, Stevie?† The dragon trailer shifted shape, angles melting to curves, windows going back to eyes, but the glow wasn't as intense as it had been in the early dawn. Molly saw the burned gill trees, the soot and blistered flesh between the scales. Soft blue lines of color flashed across the dragon's flanks and faded. Molly felt her heart sink in sympathy. This thing, whatever it was, was hurting. Molly took a few steps closer. â€Å"I have a feeling you're too old to be a Stevie. And the original Stevie might be offended. How about Steve? You look like a Steve.† Molly liked the name Steve. Her agent at CAA had been named Steve. Steve was a good name for a reptile. (As opposed to Stevie, which was more of a frozen goldfish name.) She felt a wave of warmth run through her amid the sadness. The monster liked his name. â€Å"You shouldn't have eaten that kid.† Steve said nothing. Molly took another step forward, still on guard. â€Å"You have to go away. I can't help you. I'm crazy, you know? I have the papers from the state to prove it.† The Sea Beast rolled over on his back like a submissive puppy and gave Molly a pathetically helpless look, no easy task for an animal capable of swallowing a Volkswagen. â€Å"No,† Molly said. The Sea Beast whimpered, no louder than a newborn kitten. â€Å"Oh, this is just swell,† Molly said. â€Å"Imagine the meds Dr. Val is going to put me on when I tell her about this. The vegetable and the lizard, that's what they'll call us. I hope you're happy.† Peer Pressure â€Å"But I don't want to go among mad people,† Alice remarked. â€Å"Oh, you can't help that,† said the cat. â€Å"We're all mad here. I'm mad. You're mad.† â€Å"How do you know I'm mad?† said Alice. â€Å"You must be,† said the cat, â€Å"or you wouldn't have come here.† – LEWIS CARROL, Alice's Adventures in Wonderland

Marijuana and its Legalization

The legality of marijuana has been a hot topic debated upon for years. However, upon close inspection of studies and articles, it is clear that it is in the better interest of the government to lift the ban on marijuana. The first thing I learned from the inquiry into this issue was that prohibition fails to control the use and production of marijuana. On the contrary, the illegal aspect tickles the curiosity of teenagers, resulting in opportunists seizing this chance to sell marijuana to them.The marijuana is distributed in schools by student dealers who learn to make easy money, and these students may be lead into the crime industries. The problem exists in the ubiquitous nature of marijuana and it not being the highest priority of the police. The distribution is not being controlled and neither are sources of the marijuana, which misses the reason of existence for prohibition.In fact, through legalizing marijuana usage, the government can earn a plethora of money through taxing, t he price can be controlled to be of proper value instead of the underground pricing, and the number of illegal dealers would decrease due to marijuana not being as profitable. In a survey conducted by the National Center on Addiction and Substance Abuse at Columbia University, they reported that â€Å"teens could more readily access pot than beer or prescription drugs. What makes alcohol different from marijuana is that alcohol is legal, regulated through age restrictions, and taught in public education about its awareness. For instance, in high school, there are no such things as alcohol dealers or tobacco dealers, which leads to the need of a middle-man who is of age to buy such products. That middle man is often an older student who has to go out of his way to buy alcohol or tobacco which is a great hassle, whereas marijuana is easily found within the student population.People may argue that it is the pure danger of marijuana that led to its prohibition, but contrary to popular belief, it is said that marijuana was made illegal in the US for population control of Mexicans and Black people. Harry J. Anslinger, the director of the Federal Bureau of Narcotics remarked that the reason for the ban of marijuana was â€Å"its effect on the degenerate races. † There is no scientific evidence that such known side effects as schizophrenia, heart attacks or cancer are actually caused by marijuana and therefore the danger of the drug cannot be the reason being illegal.However, due to marijuana smokers being disoriented and having loss of coordination and logical thought, it would be more reasonable to make certain activities or actions illegal when influenced by marijuana instead, similarly to alcohol. Lastly, the research showed that keeping marijuana illegal is more expensive than lobbying it. Apparently the government’s â€Å"War on Drugs† results in millions of dollars in losses when locking people related to marijuana in prison, paying for th eir food, housing, health care, attorney fees, and court costs.All this is paid by taxpayer money which are meant for and could be used for other things concerning the country. Also, as stated in the above, the government is missing out on tax opportunities that could be in turn used for more effective drug education programs. If marijuana were legal the government would have much more money to spend on important problems. Even in our neighbourhoods, hundreds of students are smoking cannabis. Instead of having a large portion of our population having to smoke illegally, it would be more advisable to free the ban and profit from the perks of legalizing marijuana.