Absurdism – An Approach to Writing Meaningful Fiction

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I’ve had readers accuse me of being an absurdist. “Putting God on trial is an absurd premise,” they say. “Having your characters debate whether the afterlife grants us virgins or whores is absurd,” they say. “It’s absurd to make your central character a Jewish Muslim,” they say. Oh, well. These illustrative fragments of absurd experience are part of a larger existence teeming with the absurd. After all, how can we find meaning in a world where national leaders adopt a policy of pre-emptive strike while publicly professing eternal allegiance to the teachings of a philosopher who implored us to turn the other cheek?

And so I accept the designation. Picture my face filling the entire screen of your living room TV. Now hear me tell you: “My name’s Mohamed Mughal and I am an absurdist.” The fact is that I don’t feel the slightest compulsion to deny the charge. After all, absurdism is a badge of literary courage worn by Kafka, Camus, Vonnegut and, more recently, Douglas Adams.

But absurdism isn’t an invocation of the absurd for the sole sake of absurdity. Absurdism’s absurdity is a reflection of truth. Vonnegut’s Slaughterhouse Five has many elements of the absurd. One of my favorites is the fate of poor old Edgar Derby. In the bloody transgressions of a world war that killed 50 to 70 million people and in the immediate aftermath of the Allied bombing of Dresden, a bombing that killed tens of thousands of civilians in a strategically unimportant city of museums and churches, an American soldier named Edgar Derby is caught taking a teapot that isn’t his. Poor old Edgar Derby is arrested, tried and shot for this transgression. Absurd? Vonnegut maintains that someone he knew really was shot in Dresden for taking a teapot that didn’t belong to him. And therein lies the truth that informs absurdism. In his Amazon review of Resolution 786, Charles Ashbacher cites a point of absurdity in the story where a senior military officer warns soldiers in his command about the unauthorized use of personal money to buy toilet paper that supports a Federal government mission. Folks…this really happened.

Absurdism is not a slapstick skit.

Absurdism is truth offered on a tray of humor, truth that is pushed to almost nihilist limits when the most brutish and narrow-minded character in Resolution 786 falls into an inexplicable trance and issues the robotic monologue: “The things we say, the things we do, night and day – they’re all contradictions. Life is an unending stream of contradictions held together by some improbable matrix of beautiful, savage accidents. We struggle and contrive to assign some meaning, any meaning, to our accidents. Then we realize that our assigned meaning is merely our own interpretation and projection, surely bearing no semblance to the meaning. We begrudgingly concede that that which is observed is solely contingent to the observer. In laughable and final defeat, we confess that to be alive itself seems an ill-intentioned anomaly in a largely inert and dead cosmos.”

“Meaning” in a relativistic universe void of absolutes?

Absurd.

Sigh.

Poor old Edgar Derby.

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Source by Mohamed Mughal

Jewish Sects

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How do the beliefs of the Jewish Sects of the Pharisees, Sadducees, and Essenes compare? Are there parts of these groups’ beliefs that can be agreed with? Why? Which party controlled the Temple and was apparently on better terms with the Romans. This article will answer these questions and more.

Pharisees were one of the most influential Jewish sects during the time of Christ with a strong zeal for strict obedience to the Torah. Oral tradition, documented as the Mishnah, became commensurate to a second law to rigidly observe. Josephus explains, “They say that all souls are imperishable, but that the souls of good men only pass into other bodies while the souls of evil men are subject to eternal punishment.” The Pharisees also believed in immortal power with future rewards and punishments depending on the righteousness or malevolence during life. Finally, as supernaturalists they believed angels and spirits existed.

The Sadducees believed in the Torah and its supremacy over the Writings and the Prophets of the Old Testament and, in contrast to the Pharisees, were anti-supernaturalists. Sadducees diverged from pharisaic beliefs by denying the existence of angels and spirits as well as future punishment and rewards. The resurrection was a strong pharisaic tradition; however, the Sadducees denied its reality. Though Sadducees believed in the Torah, they gravitated toward Hellenistic lifestyles and limited the Torah’s authority to areas specifically covered; conversely, the pharisaic notion was to broaden the Torah’s reach by continuously augmenting the application of the law. The Sadducees were a priestly party in close proximity to political power, while the Pharisees were patriotic allies of the people.

According to Josephus, the abstemious Essenes were considered “stricter than all other Jews.” They were a small restrained group congregated in communal life, dedicated to asceticism and the abstinence of worldly pleasures including marriage. Cohen explains that a key difference between Essenes and other Jewish sects was the role intentionality played in the application of the law. For Essenes legal prohibition is absolute, but intentionality plays a central role to a mishnaic sage’s interpretation of the law.

It is difficult not to agree with the supernaturalistic pharisaic beliefs including angels, eternal immortality, and bodily resurrection. In fact, Jesus commends the Pharisees saying, “The scribes and Pharisees have seated themselves in the chair of Moses” (Matthew 23:2). Further, I naturally agree with the intentionality of the adherence to the law by the Pharisees, and personally desire to do all the Pharisees tell me to do and observe, absent of hypocrisy (Matthew 23:3). However, I recognize the futility of such an assertion.

To agree with certain pharisaic beliefs necessitates an intellectual and ideological clash with the Sadducees. Anti-supernaturalistic beliefs in spirit life and immortality contradict basic Christian principles (Romans 8:16, John 3:16). And a rejection of a bodily resurrection proves Christian faith is vain (I Corinthians 15:13-14). Finally, the extreme arrogance of the Essenes to humanly acquire righteousness appears to be an affront to the basic precepts of Christianity (Romans 3:21-22).

Huie recognizes that even as early as the Maccabean period there is evidence Pharisees were the party in control of the Temple. And although the, “Sadducees were the party of those with political power, those allied with the Herodian and Roman rulers,” the Pharisees were the group who extended significant influence among the common people.

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Source by August Regius

The Bedford Guide for College Writers with Reader, Research Manual and Handbook

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Quantum Physics + Mantras = Meditation

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Mantra Meditations

Down through the ages there have been stories of the mysterious power of Mantras. Every country in the world has their own set of Mantras.

Mantras were and are used to heal, to protect, to attract love, to attract wealth and even to punish and kill.

Marching armies who chant or sing the same words or songs are sending the powerful energies out in front of them. Vikings used to chant Odin, Odin, Odin as they charged towards their enemies. It is said that the power of Odin’s chant caused many an enemy to break and run.

A Mantra, be it a mental intonation, a sing-song, a chant or a full blown shout is all about energy.

In Tibet and India they have prayer wheels with words, symbols, mantras, chants and prayers attached to them. When the wind blows it causes the wheel to spin and pours forth the energy of the written words and symbols.

Since windmill technology in this country is growing in popularity we should incorporate the Tibetan prayer wheel technique into the operation.

What if we painted, in 10 foot letters, power words like, ‘Peace’, ‘Love’, ‘Health’, ‘Prosperity’, and ‘God’ on the spinning blades of the windmill.

Look at the wonderful and powerful energies that would be sent out into the environment. Anyone reading this article, who has the power to start this campaign – well get on with it!

Where do Mantras get their powerful vibrations from? The Quantum Ocean, Mind of God.

The Age of Aquarius has given us the gift of the Laws of Quantum Physics. These Laws tell us that there exists an infinite ocean of thinking, intelligent energy called the Quantum Ocean. We can view this as the Mind of God.

There is no time, no past, present nor future there. There is no space, nor distance. Only the HERE-NOW!

The Quantum Ocean, Mind of God responds to our thoughts. Our thoughts and words, which are spoken thoughts, pull the un-manifested intelligent energy out of the Quantum Ocean and manifests it as physical energy and part of our reality. Thoughts create physical reality.

All is energy and all is under law.

The Mantras, chants and prayer wheels contain energy and when they are spoken or spun by the wind they pour that energy out into the atmosphere.

The closer the words of the Mantra or prayer wheel match an energy in the Quantum Ocean, the more powerful the manifestation.

You wouldn’t sit in your chair and meditate and intone words like ‘blah, blah, blooey’. (Like so many of today’s modern inane songs. They create chaos and destruction). Rather meditate on words of peace and power.

I personally do my Mantras every night before I retire. I sit in my favorite easy chair and hold my mantra beads in my right hand. I made these Mantra beads by stringing 40 beads on a strong string. I have a large one that I start with, then every ten beads I have a smaller one to count off the ‘tens’. The ‘tens’ are the smallest. Three size beads.

Repetition is powerful and I sit there quietly intoning my Mantras, 40 at a time.

Just think of the millions of Catholics with their Rosary beads. What power.

And the Buddhist with the Buddha beads. What power. Why give all this power away? Use it for yourself!

I choose Mantras that are very powerful, far reaching and suitable for creating, a more powerful future reality for myself.

I Will share four of them with you.

(1) “I am an infinite being dwelling in the light surrounded and supported by spiritual powers.”

Look at the powerful key words I am pulling out of the Quantum Ocean, Mind of God and into my reality. What do you put in your psyche before retiring? Rap music? TV nonsense or the News? You are literally destroying any chances for a better future for yourself. What you carry in your aura creates your life.

(2) “I dwell in perfect peace profound, my kingdom now is here and found.”

Wonderful peaceful energy for bedtime.

(3) “God Guides

God Provides

God Heals

God Reveals

God Protects

God Perfects.”

A constant reminder that I am not in control.

(4) “Absolute Power

Limitless Light

Infinite harmony

Eternal Duration.”

If you can think of four more powerful words than these that you would like to manifest into your life – go for it.

Mantras + Power Words + Quantum Physics+ + Mind of God + Repetition = Health, Wealth and Happiness.

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Source by Ellis Peterson

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Doctrine of Accord and Satisfaction

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Doctrine of Accord and Satisfaction

Accord and satisfaction is the purchase of the release from an obligation, whether arising under contract or tort by means of any valuable consideration not being the actual performance of the obligation itself. The accord is the agreement by which the obligation is discharged. The satisfaction is the consideration which makes the agreement operative. The consideration may be executory.

Under English law, an accord without satisfaction is of no effect. In Indian law, an accord is an agreement, there must be consensus ad idem; its validity liable to be judged by the general law of contract quite apart from the provisions of sections 62 and 63 of the Indian Contract Act, 1872.

A liability arising out of breach of contract may be discharged by the doctrine of accord and satisfaction. An accord is an agreement made after breach whereby some consideration other than the legal remedy is to be accepted by the party not in fault, followed by the performance of the substituted consideration.

The question is, whether an arbitration clause in a contract survived despite the purported satisfaction of the terms of the contract. Normally, an accord and satisfaction by itself would not affect the arbitration clause for even rights and obligations of the parties are worked out, the contract does not come to an end. If the dispute is that the contract itself does not subsist, the question of invoking the arbitration clause may not arise. But in the event it be held that the contract survives, recourse to the arbitration clause may be taken.

The doctrine of accord and satisfaction has many underlying principles, including the acceptance of a lesser sum and acceptance of any satisfaction. The Privy Council gave its views on the doctrine in Payan Reena Saminathan v. Puna Lana Palaniappa [41 IA 142]. The doctrine and its usage in India have been derived from the American Common Law.

BACKGROUND OF THE DOCTRINE

Section 63 of the Indian Contract Act allows a party to a contract to dispense with the performance of the contract by the other party, or to extend the time of performance or to accept any other satisfaction instead of the performance.

According to Section 62 of the Indian Contract Act, on the other hand, every person who accepts a proposal may dispense with or remit wholly or in part, the performance of the proposal made to him which he has accepted, or may extend the time for such performance or may accept instead of it any satisfaction which he thinks fit.

In accordance with section 62 and section 63 of the Indian Contract Act, 1872, the party who has the right to demand the performance may:

(i) dispense with or remit the performance; or

(ii) extend the time for performance; or

(iii) accept any other satisfaction instead of performance.

The sections 63 and 62 must be construed so as to not overlap with each other. This can be done by holding that agreements referred to in section 62 are agreements which more or less affect the rights of both the parties to the contract discharged by such agreements. Those referred to in section 63 are such as to affect the right of only one of the parties.

The former case necessarily implies consideration, which may be either the mutual renunciation of right, or, in addition to this, the mutual undertaking of fresh obligations, or the renunciation of some right on the one side and the undertaking of some obligation on the other. It is only when the agreement to discharge affects the right of only one party that consideration might be found wanting. There alone the Indian law departs from the English law by making provisions for every such possible case in section 63. The result is that the agreement set up by the defendant which falls under section 63 is binding, though without consideration.

This section enables the defendant in a suit filed by the promise, dispensing or remitting performance or accepting satisfaction and subsequently trying to enforce, the promise made to him, to plead that he was relieved from performance that which the plaintiff told he need not do. It has been held, in the case of New Standard Bank Ltd. v. Probodh Chandra Chakravarty [AIR 1942 Cal 87], that an agreement made between the parties after the breach of contract may be enforced under this section.

Difference from the English Contract Law:

Under the English law, it is competent for both parties to an executor contract by mutual agreement, without any satisfaction, to discharge the obligation of that contract; in other words, reciprocal promises are a sufficient consideration for each other, so are reciprocal discharges. A contract rescinded by an agreement, stands completely discharged and cannot be revived.

But an executed contract cannot be discharged except by release under seal, or by performance of the obligation, as by payment where the obligation is to be performed by payment. Subject to that exception, ‘the new agreement in rescission or alteration of the prior contract must in general satisfy all the requirements of an independent contract’, and so must an agreement to accept satisfaction for a right of action which has arisen by breach of contract.

This section makes a wide departure from the English law, and the principles of that law cannot be relied upon to interpret the section. The intention of the present section to alter the rule of the common law is clear; and this has been recognised in several Indian cases.

Necessity of satisfaction in a contract:

In 1903, the High Court of Bombay had held (Abaji Sitaram Modak v. Trimbak Municipality) that a dispensation or remission under this section involved a promise as defined by section 2(b) or an agreement within section 2(e), so that ‘there must be a proposal of the dispensation or remission which is accepted’: in technical terms, that the effect of the section is only to allow an accord to be good without satisfaction.

Many jurists have continuously protested against this ruling and suggested that the words of the section ought to be construed according to their natural meaning and a promise could discharge the promise not only without consideration but without a new agreement.

Views of the Privy Council:

The principle of accord and satisfaction has been stated by the Privy Council as a principle of substituted agreement thus in the cases of Reena Saminathan v. Puna Lana Palaniappa [41 IA 142] and UOI v. Kishorilal Gupta & Bros [AIR 1959 SC 1362].:

“The ‘receipt’ given by the appellants and accepted by the respondent, and acted upon by both parties proves conclusively that all the parties agreed to a settlement of all their existing disputes by the arrangement formulated in the ‘receipt’. It is a clear example of what used to be well-known in common law pleading as ‘accord and satisfaction by a substituted agreement’. No matter what were their respective rights of the parties inter se they are abandoned in consideration of acceptance by all of a new agreement. The consequence is that when such an accord or satisfaction takes place, the prior rights of the parties are extinguished. They have, in fact, been extinguished by the new rights; and the new agreement becomes a new departure and the rights of all the parties are fully represented by it.”

There have been two interpretations of this doctrine till date, the situation in which the party not at fault accepts any satisfaction in place of the original consideration and most importantly, when he or she accepts a lesser sum as satisfaction until the previous contract is discharged.

ESSENTIAL ELEMENTS OF THE DOCTRINE

The doctrine of accord and satisfaction is merely a method of discharging a claim whereby the parties agree to give and accept something in settlement of the claim and perform the agreement, the accord being the agreement and the satisfaction its execution or performance, and it is a new contract substituted for an old contract which is thereby discharged, or for an obligation or cause of action which is settled, and must have all of the elements of a valid contract.

To constitute an accord and satisfaction, there must have been a genuine dispute that is settled by a meeting of the minds with an intention to compromise. Where there is an actual controversy, an accord and satisfaction may be used to settle it. The controversy may be founded on contract or tort. It can arise from a collision of motor vehicles, a failure to deliver oranges ordered and paid for, or a refusal to finish constructing an office building, etc.

An accord and satisfaction can be made only by persons who have the legal capacity to enter into a contract. A settlement is not binding on an insane person, for example; and an infant may have the right to disaffirm the contract. Therefore, a person, such as a guardian, acting on behalf of a person incapable of contracting for himself or herself may make an accord and satisfaction for the person committed to his or her charge, but the law may require that the guardian’s actions be supervised by a court.

An executor or administrator may bind an estate; a trustee can accept an accord and satisfaction for a trust; and an officer can negotiate a settlement for a corporation.

A third person may give something in satisfaction of a party’s debt. In such a case, an accord and satisfaction is effected if the creditor accepts the offer and the debtor authorizes, participates in, or later agrees to, the transaction.

For example, a widower has an automobile accident but is mentally unable to cope with a lawsuit because his wife has just died. He gratefully accepts the offer of a close family friend to talk to the other driver, who has been threatening a lawsuit. The friend convinces the other driver that both drivers are at fault to some extent. The friend offers to pay the other driver $500 in damages in exchange for a written statement that she will not make any claim against the widower for damages resulting from the accident. The family friend and the other driver each sign a copy of the statement for the other, and when the payment is made, the accord and satisfaction is complete. If the other driver then sues the widower for more money on account of the accident, the widower could show that he agreed to let his friend negotiate an accord and satisfaction, and the court would deny relief.

Most commonly, this is seen in situations where people lack the capacity to consent and negotiate legal agreements, and the person negotiating the contract may be supervised to confirm that the agreement is in the best interests of the person being represented. People can also reach accord and satisfaction on behalf of someone else more informally; for example, a parent may help an adult child settle a debt to a landlord, acting on behalf of the child to resolve the matter. However, the law may require that the guardian’s actions be supervised by a court. An executor or administrator may bind an estate; a trustee can accept an accord and satisfaction for a trust; and an officer can negotiate a settlement for a corporation.

An accord and satisfaction is a contract, and all the essential elements of a contract must be present. The agreement must include a definite offer of settlement and an unconditional acceptance of the offer according to its terms. It must be final and definite, closing the matter it covers and leaving nothing unsettled or open to question. The agreement may call for full payment or some compromise and it need not be based on an earlier agreement of the parties. It does not necessarily have to be in writing unless it comes within the statute of frauds.

Unless there are matters intentionally left outside the accord and satisfaction, it settles the entire controversy between the parties. It extinguishes all the obligations arising out of the underlying contract or tort. Where only one of two or more parties on one side settles, this ordinarily operates to discharge all of them. The reason for this is the rule that there should be only one satisfaction for a single injury or wrong. This rule does not apply where the satisfaction is neither given nor accepted with the intention that it settle the entire matter.

An accord without satisfaction generally means nothing. With a full satisfaction, the accord can be used to defeat any further claims by either party unless it was reached by fraud, duress, or mutual mistake.

A valid accord does not discharge the prior contract, it suspends the right to enforce it in accordance with the terms of the accord contract, in which satisfaction, or performance of the contract will discharge both contracts (the original and the accord). If the creditor breaches the accord, then the debtor will be able to bring up the existence of the accord in order to enjoin any action against him.

The accord agreement must be transacted on a new agreement. It must therefore have the essential terms of a contract, (parties, subject matter, time for performance, and consideration). If there is a breach of the accord there will be no “satisfaction” which will give rise to a breach of accord. In this instance the non-offending party has the right to sue under either the original contract or the accord agreement.

A mere retaining of the money sent by the promisor does not imply satisfaction. Whether or not the money is taken in satisfaction is a question of fact to be determined keeping in view all the circumstances of the case. An award of damages for breach of a contract is not the same thing as a party to the contract accepting satisfaction of the contract other than in accordance with the original terms thereof.

ACCEPTANCE OF ANY SATISFACTION

According to the doctrine of accord and satisfaction, the promise may accept, instead of performance of the promise, such satisfaction as he thinks fit. But until the satisfaction agreed upon remains executory, the original cause of action is not discharged. But where the promise accepts the promise itself in satisfaction, the original cause of action is discharged.

In the case of Manohur Koyal v. Thakur Das Naskar [(1888) ILR 15 Cal 319], the defendant executed a bond of a certain sum of money in favour of the plaintiff, to be repaid on a certain date at eighteen percent per annum. If not paid on that date, the rate would be increased to twenty – four per cent per annum. The defendant came to the plaintiff on the day of repayment and expressed his inability to pay the said amount. Instead, he offered to pay Rs.400 cash and agreed to issue another bond in favour of the plaintiff to be paid at a much later date. The plaintiff accepted theses terms, but the defendant failed to carry them out. The plaintiff filed a suit for recovery of the original balance and the later promised amount from the defendant. The Court applied the principle of accord and satisfaction from section 63 of the Indian Contract Act and entitled the plaintiff to the entire sum demanded by him, stating that the reason was that the plaintiff had accepted the promise to carry out a different set of terms and conditions as the satisfaction for the later contract.

A contract between a debtor and a creditor that the debtor should sell and the creditor should accept any property in satisfaction for the debt, may operate in one of three ways, namely:

(i) the contract by itself may operate as an absolute discharge of the debt, giving the creditor thereafter only the remedy by way of the specific performance of the contract; or

(ii) it may operate only as a conditional discharge of the debt, giving the creditor in case of the debtor’s default, a right to claim either a performance of the contract or if he elects to put an end to it, the payment of the debt; or

(iii) the contract may be an independent transaction, in the sense that it does not affect the rights of the creditors or the obligations of the debtor till the sale is actually completed.

In which of these ways the contract is to have operation will depend upon the intention of the parties to be gathered in the absence of any express stipulation, from their conduct and the surrounding circumstances in the particular case.

It was held in the case of Sakarchand Shamji v. Ismail Hoosein [AIR 1931 Rang 189], that where on the breach of contract for sale, the buyer accepted a promissory note to reimburse loss on breach, and the receipt for one of the payments stated that the whole amount was not paid within a particular time, there was no agreement to revive the original cause of action.

In the case of Ram Swaroop Mam Chand v. Chhaju Ram & Sons. [(1937) 1 Cal 757], the Court held that before a party can be said to accept something other than the performance stipulated for in satisfaction of the contract, it should be open to him to refuse such satisfaction and to insist on the performance of the contract in accordance with its terms.

Thus, if any party instead of original satisfaction of a claim accepted another satisfaction, deemed fit by it, such unilateral acts were covered under section 63 of the Indian Contract Act.

ACCEPTANCE OF A LESSER SUM

Although the rule that the court does not enquire into the adequacy of the consideration is applicable in general, and therefore anything different in kind from what is due may be good satisfaction without regard to its apparent value, yet the court cannot help knowing that nineteen pounds is not equal to twenty pounds. Accordingly, a less sum of money cannot be good for a greater sum already due. This last rule was confirmed with great reluctance by the House of Lords in the case of Foakes v. Beer [[1881 – 85] All ER Rep 106].

However, in Indian law, neither consideration nor an agreement is necessary for enabling a promise to dispense with or remit the performance of the promise or accept any other satisfaction in place of the original satisfaction.

This is one of the most common manifestations of the doctrine of accord and satisfaction. Where there has been a true accord under which the creditor voluntarily agrees to accept a lesser sum in satisfaction and the debtor acts upon that accord by paying the lesser sum and the creditor accepts it, then it is inequitable for the creditor afterwards to insist on the balance.

The real emphasis is not on the acceptance of a smaller sum, but on the debtor’s condition that if the tendered money be at all accepted, it must be in discharge of the entire debt. A creditor accepting payment on a condition cannot accept the payment and repudiate the condition. Such accord and satisfaction are a question of fact, implying an agreement to take the money in satisfaction of the claim in respect of which it is sent; and preclude the creditor promise from claiming the amount under the original contract.

This was seen in the case of State of Maharashtra v. Nav Bharat Builders [(1994) SC 3 SCC 83], where in a mutual agreement pending a suit, a contactor agreed to receive on account of his claim, labour escalation charges, an amount calculated according to specified principles aand in order to withdraw the suit, there was accord and satisfaction after he had accepted the amount and withdrawn the suit.

The same principle was applied in the case of PK Ramaiah v. CMD, National Thermal Power Corpn. [(1994) Supp 3 SCC 126], in which when the creditor accepted the final measurements of the work completed and issued a receipt stating that the amount had been received in full and final settlement, there was accord and satisfaction and the creditor was not entitled to claim the balance.

Once any dispute is settled in this manner, no arbitral dispute remains, and the arbitration clause cannot be invoked.

If a cheque for a smaller amount than the debt due is sent to the creditor in full satisfaction, it does not discharge the debt if the latter does not accept it as such. It depends upon the intention of the parties as expressed in the correspondence and the character of the transaction.

For instance, in the case of Union of India v. Gangaram Bhagwandas [AIR 1977 MP 215], the railway sent a cheque for a smaller sum than the claim of the plaintiff in court in full and final satisfaction as settlement of the claim. The plaintiff encashed the cheque but continued his suit for the balance. The court held that the plaintiff had not accepted the cheque in full and final settlement as he continued the suit.

Similarly, in the case of Tata Locomotive & Eng. Co. Ltd. v. Sardar Kartar Singh [AIR 1961 Pat 37], a cheque for a smaller sum was sent to the creditor with the request that it be accepted in full payment, accompanied by a receipt to be signed by the creditor in full satisfaction. The cheque was cashed but no receipt was sent. On the contrary, before cashing the cheque a demand for the rest was made. The payment was held not to be in discharge of the entire debt.

Further, in respect of a works contract, if a contractor accepts the final bill, it would not mean that he was not entitled to make any claim. He was not precluded in law from raising the rest of his claim. The judgement is clearly right since under section 63 of the Indian Contract Act, there have to be accord as well as satisfaction to discharge the liability of the debtor.

The acceptance of a lesser sum of money where more is due, is a good discharge of the whole liability. The Supreme Court decision in Kapur Chand Godha v. Mir Nawab Himayatali Khan [(1963) 2 SCR 168] illustrates this. In this case, the liability was above twenty-seven lakhs of rupees. A Committee was formed to clear up the matter, which offered the creditor twenty lakhs in full satisfaction of the debt. The plaintiff after some initial protest expressed his readiness to accept the sum sent in full satisfaction of his claim and discharge the promissory note making endorsement of full satisfaction and received the payment. After the settlement, the creditor sued the debtor for the balance amount.

Justice S.K.Das held that “the facts of the case are completely covered by section 63 and illustration (c) thereof. The appellant having accepted the payment in full satisfaction of his claim was not entitled to sue”.

For this principle to lie, there must be proof that the a lesser sum has been accepted by the party not at fault.

FULL SATISFACTION AS THE ACCORD

It is the general rule that full satisfaction equals the accord. That is, after a party not at fault has accepted the satisfaction for an extension in the performance of the previous contract, the accord is complete and the other party cannot back out of the performance of his part of the contract so formed.

This rule has certain exceptions. If the party was made to enter into the contract despite protesting against it, the accord does not hold good. For instance, in the case of Union of India v. Gangaram Bhagwandas [AIR 1977 MP 215], the railway sent a cheque for a smaller sum than the claim of the plaintiff in court in full and final satisfaction as settlement of the claim. The plaintiff encashed the cheque but continued his suit for the balance. The court held that the plaintiff had not accepted the cheque in full and final settlement as he continued the suit and this was clearly a protest against the acceptance of the satisfaction.

Similarly, if the second party gave his assent to the accord under undue influence, mistaken belief or coercion, this rule is not applicable. Also, if the second party entered into the agreement for accord and satisfaction under the pressing circumstances, the doctrine does not apply, as in the case of Usman v. Union of India.

POSITION IN THE AMERICAN COMMON LAW

In the American common law, the term “accord and satisfaction” is used to express “the legal consequence of a creditor’s acceptance of a substitute performance for a previously existing claim or prior original duty.” As the conjunctive name implies, accord and satisfaction consists of two distinct parts. The “accord” of an accord and satisfaction is an agreement in which the creditor promises to accept the substitute performance for the pre-existing claim or duty. The “satisfaction” is the actual acceptance by the creditor of that substitute performance. Used together, these terms represent the legal consequence of accepting performance of the accord as satisfaction, the legal consequence being the discharge of the prior claim or duty.

There are three requirements for a valid discharge of an existing claim or duty by accord and satisfaction:

(1) existence of a claim or duty,

(2) offer and acceptance of a substitute performance in full settlement, and

(3) proper consideration.

The first requirement-existence of a prior claim or duty-is clearly met in the hypothetical. An existing claim or duty is required, because, without it, there is nothing for which to offer a

substitute performance.

For the second requirement to be met, the offer and acceptance must be for a substitute performance. In the common law, a substitute performance must be distinguished from a substitute contract. Though the two are very similar, the distinction between them for the purposes of accord and satisfaction is the timeline by which each discharges the prior existing claim or duty. A substitute contract discharges the prior duty at the moment the parties reach an agreement. A substitute performance does not discharge the existing duty until the performance is executed.

The last requirement for a valid accord and satisfaction to exist is that “new, valuable, and legal consideration” be present. Consideration is a bargained for performance or return promise. Therefore, for a promise to give, do, or not do, there must be a quid pro quo, something given, done, or not done in return. In the context of accord and satisfaction, courts have held that “the consideration is the resolution of the disputed claim”.

A COMPARATIVE STUDY

Although the principle of accord and satisfaction has been said to be similar to other forms of dispute settlement and often confused for being synonymous with compromise and settlement and some forms of arbitration, it can clearly be distinguished from them.

Accord and satisfaction is the purchase of the release from an obligation, whether arising under contract or tort by means of any valuable consideration not being the actual performance of the obligation itself. The accord is the agreement by which the obligation is discharged. The satisfaction is the consideration which makes the agreement operative.

An accord and satisfaction can be distinguished from other forms of resolving legal disputes. A payment or performance means that the original obligations were met.

A release is a formal relinquishment of the right to enforce the original obligations and not necessarily a compromise, as in accord and satisfaction.

An arbitration is a settlement of the dispute by some outside person whose determination of an award is voluntarily accepted by the parties.

A composition with creditors is very much like an accord but has elements not required for an accord and satisfaction. It is used only for disputes between a debtor and a certain number of his or her creditors, while an accord and satisfaction can be used to settle any kind of controversy-whether arising from contract or tort-and ordinarily involves only two parties.

Although distinctions have occasionally been drawn between an accord and satisfaction and a compromise and settlement, the two terms are often used interchangeably.

A novation is a kind of accord in which the promise alone, rather than full performance, is satisfaction, and is accepted as a binding resolution of the dispute.

CONCLUSION

The principle of accord and satisfaction implies that after a breach of contract has been made, the parties may enter into a subsequent contract by which the party not at fault may accept some other consideration other than the legal remedy.

This principle has also been described as only a method of discharge of a contract, as not annihilating the contract itself, but only making the obligation arising out of it unenforceable. The principle of accord and satisfaction is seen as a defense to legal action.

As per Chitty on Contracts,

‘It is a good defense to an action for the breach of any contract that the cause of action has been discharged by accord and satisfaction, that is to say, by an agreement after breach whereby some consideration other than his legal remedy is to be accepted by the party not in fault’.

An accord and satisfaction which secures a release from such an obligation is really based on the existence of the contract instead of treating it as non-existent. When an action is brought for non-performance an accord and satisfaction furnishes good defense. The defense is not that the contract has come to an end, but that its breach has been satisfied by accord and satisfaction, and therefore the plaintiff in the action is not entitled to the usual remedy for the breach.

Through accord and satisfaction, a lessee can agree to acceptance of a lesser amount by way of full satisfaction of all claims. But when the debtor paid still lesser amount, his liability could not come to an end. In such a case, there would be no accord even though the creditor had accepted the said amount.

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Start Your Own Freelance Writing Business and More: Copywriter, Proofreader, Copy Editor, Journalist

Start Your Own Freelance Writing Business and More: Copywriter, Proofreader, Copy Editor, Journalist

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Are you ready to free yourself from commuter traffic, office hours and boring writing projects? Then it’s time to take your writing career into your own hands—and start your professional freelance writing business! One of the fastest and least expensive homebased businesses to start, the business of freelance writing lets you turn your writing talent into professional independence—set your own hours, choose your own projects and take charge of your income! This complete guide arms you with all you need to know to not only start your freelance writing business but to make sure it’s a success. Learn how to: • Start your business instantly and for little money • Operate your business using freelance business basics and rules • Choose your writing niche • Use your writing expertise to advertise and find clients • Increase your income by improving your writing skills and expanding your client base Start your freelance writing business today—and begin earning income tomorrow!

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Books Set in Turkey – Five Novels to Read Before You Travel

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Rich in history, art and culture, Turkey is the place where Asia and Europe meet — all combining to make a fascinating holiday destination. But Turkey has a complex history, and if you really want to get under the skin of this intriguing country, then reading books set in Turkey is a great place to start. The novels below will help you to scratch beneath the surface of the tourist brochures and holiday posters, deepening your understanding of this beautiful and passionate country. Why not give them a go before setting off on your travels?

‘Birds without Wings’ by Louis de Bernières

Through the eyes of the residents of a small village in southwestern Turkey, this novel tells the story of how modern Turkey was created at the turn of the 20th century. Through ordinary men and women, characters you will grow to love, you can witness the collapse of the Ottoman Empire and the new, secular state that emerges. This is a book that tourist guides have been known to recommend, to help people understand the history of their country just that little bit more.

‘The Flea Palace’ by Elif Shafak

The city of Istanbul is a character itself in this delightful novel about the residents of the Bonbon Palace. Through the lives of the residents of the ten rundown apartments, we have a portrait of modern day Turkish society.

‘Enlightenment’ by Maureen Freely

Beginning in 2005, this political thriller tells the story of American ex-patriot Jeannie Wakefield, whose husband is arrested for links to terrorism. As the story is looked into by an investigative journalist, we are taken back to 1970’s Istanbul and the following decades of political turmoil. The novel traces actual historical events as it gives a picture of the complex politics and society of modern day Turkey, as well as throwing light on the background to present day Turkish-American relations.

‘Gardens of Water’ by Alan Drew

On August 17, 1999, northwestern Turkey was hit by a powerful earthquake which killed around 17,000 people and left about half a million without homes. This novel is the story of one Kurdish family during that earthquake and its aftermath, as they struggle to rebuild their lives and keep their culture intact amongst the challenge of living in a refugee camp, the influence of forbidden love, and the relentless despair of their own grief.

‘The Museum of Innocence’ by Orhan Pamuk

A list of novels about Turkey wouldn’t be complete without a book by the Nobel-prize winning Pamuk. Like most of his books, Innocence is a hefty and challenging read, but this story of obsessive love gives a wonderful picture of the emerging modernity of 1970’s Istanbul. A brief affair with his young cousin leads 30-year old Kemal to a life-long obsession with the memory of their relationship. He begins to collect mundane objects for a museum to honor their love, and his life passes as if nothing else matters. In a wonderful blending of fact and fiction, you may soon be able to visit Pamuk’s real ‘Museum of Innocence’ which he is currently building in Instanbul, a place where he intends to display a collection of everyday objects he has amassed over his lifetime.

So if you are itching to get yourself on that plane to explore Turkey as soon as possible, make an early start with these novels. I can guarantee that as you walk around the markets of Istanbul or sit by the Bosphorous Strait watching all the activity, there will be many moments when the characters from these novels will feel like they are right by your side.

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Scribe: My Life in Sports

Scribe: My Life in Sports

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Ever since he joined the sports department of the Boston Globe in 1968, sports
enthusiasts have been blessed with the writing and reporting of Bob Ryan. Tony Kornheiser calls him the “quintessential American sportswriter.” For the past twenty-five years, he has also been a regular on various ESPN shows, especially The Sports Reporters, spreading his knowledge and enthusiasm for sports of all kinds.

Born in 1946 in Trenton, New Jersey, Ryan cut his teeth going with his father to the Polo Grounds and Connie Mack Stadium, and to college basketball games at the Palestra in Philadelphia when it was the epicenter of the college game. As a young man, he became sports editor of his high school paper-and at age twenty-three, a year into his Boston Globe experience, he was handed the Boston Celtics beat as the Bill Russell era ended and the Dave Cowens one began. His all-star career was launched. Ever since, his insight as a reporter and skills as a writer have been matched by an ability to connect with people-players, management, the reading public-probably because, at heart, he has always been as much a fan as a reporter. More than anything, Scribe reveals the people behind the stories, as only Bob Ryan can, from the NBA to eleven Olympics to his surprising favorite sport to cover-golf-and much more. It is sure to be one of the most talked about sports books of 2014, by one of the sports world’s most admired journalists.



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Classic Literature List From The Most Versatile Writers

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Most lists of classic literature will cover poetry, plays and novels by the most famous exponents of these forms. But this classic literature list will look at things slightly differently because it will only consider popular writers who crossed into different forms of writing.

William Shakespeare is perhaps the most famous writer in the English language. He is known as the creator of tragedies like Hamlet and Romeo and Juliet as well as comedies like Much Ado About Nothing and histories like Henry V. But he also wrote poems. Shakespeare’s Sonnets collects 154 poems and is sold across the world.

Edgar Allan Poe is another writer who worked in different literary forms. He is known as a writer of gothic short stories but he was also a novelist and poet. In addition he pioneered the detective genre, which would later be popularized by Sir Arthur Conan Doyle’s Sherlock Holmes. Poe’s poetry and short stories can be found collected in one volume and his only novel, The Narrative of Arthur Gordon Pym, remains in print. All of his work is in the public domain, so different editions by various publishers can be found on book shelves.

As with Poe, James Joyce also published poems and short stories. He is best known for the novels Ulysses and Finnegans Wake but his books Dubliners, which is a collection of 15 short stories, and Exiles, which is his only play, remain popular to this day.

Authors like Stephen King and Agatha Christie are thought to be amongst the best writers within their chosen genre but they also venture outside of their comfort zone to work with different genres and in different forms. King has written various novels, has published many short stories and has written screenplays covering genres as diverse as horror, fantasy and science fiction. His Dark Tower series is one of the best examples of the writer’s diversity as it covers the fantasy, science fiction, horror and western genres.

Agatha Christie is the creator of Hercule Poiret and Miss Marple and is the best selling author of all time. Her books are only outsold by the Bible. She is also a short story writer and playwright.

She’s had great success with her stage plays. The Mouse Trap is perhaps the most popular. It lays claim to the record for the longest continuous theater run. Having opened in 1952, it remains in production at the Ambassadors Theatre to this day.

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Source by Carly Boseo