Format: Typeface and Science Investigatory Project Essay

Title The title should be able to catch the attention of the reader. It should be concise, descriptive, and self-explanatory. It should indicate clearly what the project is about. The phrase â€Å" A Study to Show†¦Ã¢â‚¬  should be avoided, because in research you do not seek to prove something but rather to impartially find an answer. Background of the Study This presents the reasons that led the investigator to launch the study. A historical background may be given. Or the background of the study may state some observations and other relevant conditions that prompted the investigator to explore them. Some questions to guide you while writing this part of the paper are the following: 1. Why did I select this research project? 2. Are there others who have done similar studies? 3. What have the others done or not done that moved or spurred me to work on this problem? 4. What are my own observations which are relevant to the study? 5. Will the results of the study make any contribution in the attainment of a better quality of life? A. Statement of the Problem This must state what you aimed to accomplish. Whether the problem is stated in the form of a question or a declarative statement, always use brief, precise and accurate statements. The objective should be stated positively and in the declarative form. Define the general objective or main problem and the specific objective(s) or sub-problem(s) you are trying to answer or resolve. State these such that they are definitely and clearly related to the data obtained. B. Significance of the Project State why the study or project is worth making and how it can contribute to you as an individual, to your community and to your country. C. Feasibilty of Research: 1. How much time will the project take? 2. Do you have access to participants, sources, instruments, etc. 3. What are the budgetary considerations? 4. What is the extent of your knowledge and experience in the area?

A mother is a jewel, but a grandmother is a blessing Essay

Having a grandmother in my live is the best thing I could ever ask, my grandmother Imelda was a second mother for me, she is my follow model, I learned many things by her side. My grandmother had three qualities; she was comprehensive, very positive and big lovely person. My grandmother was a comprehensive person, she always tried to get into other shoes to understand and never judge, what a learn about this quality she had, is that people sometimes judge when they did not know the reasons of the actions that people did, that always make problems and the way my grand-mother understand people make me realized that is always better not judge if you do not want you to be judge. Also if I did something wrong, she never punished me, for example, when I crush my truck my mother yelled and punished me, and my grandmother just told me that it was an accident and live goes on. She always had the better advices when something goes wrong. Second, she was a very positive person she loved to see the family together and never see them fight, for example when my uncles fight she always interpose and try to stop them and avoid more problems. When something went wrong she always tried to do her best and saw the good way of that, for example when my uncle was kidnaped, the family did not had hope but she always told us that he would come back early. She tried to did everything what was in her hands to help family and all the people. For instance, she helped my grand-father’s workers with presents and financial support to their families. Finally, she always was a lovely person in all the ways, she loved her husband, my grand-father, until the end of his life by being and support him the last year of his life with his disease and never leave my grand-father to give up. She always support her son’s and daughters in all the possible ways, for example, one day one of my uncles got broke and he did not had a place to live and my grandmother gave him the first floor of the house to live with his wife. She treated and loved her grand-son’s equal, all days she made breakfast and dinner for all the family that wanted to went to the house, she always loved to see the family together. A grand-mother is a second mother and I thank God for giving me that blessing in my life, also I thank God for my big family, the best family and all the good advices that my grand-mother leave me to go on in life and all the beautiful memories she left me. She is not here now, she passed away 4 months ago but I am so happy had her every single day of my live until her last day. That are the three qualities of my grand-mother that I admire and miss every day.

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â€Å"Should he order this devastating bomb to be dropped on Japan, a nation so close to defeat? ‘ (Stein 40). Perhaps this was President Trauma's most agonizing and most difficult decision of his life. Japan s plans to expand, led it to attack Pearl Harbor in December 1941 (US History World War II). This invasion made World War II an unavoidable event for the United States. The surprise offense on Hawaii made this country aware of the strength and power that Japan held.Ironically, a fair number of people urged President Truman not to employ the weapon because of the possible civilian deaths it could cause. These people were unaware of the three-million man army and a civilian population determined to fight until death that Japan had (Stein 40), without a doubt not a â€Å"nation so close to defeat†. Those who criticized the bomb had very little understanding of the type of war that America was brought Into. Numerous strategies on how to convince Japan to surrender were considered. In July, 1945, the atomic bomb became available.After a great amount of time contemplating, President Truman eventually decided to command the use of the atomic bombs. The explosives were dropped on two cities of military significance, Hiroshima and Nagasaki. The first city to be attacked was Hiroshima, on August 4th, 1945. This area of land is located in Japan's Inland Sea, on the main island, Honshu. This target for the first atomic weapon to be used was where the second general army was headquartered. Three days following the first drop of explosives, there was still no reply from Japan.On August 9th, America decided to repeat the process. The second primary target was a city with the name of Koura, which held a huge army arsenal (Pacific War Bomb Justifiable). Thick clouds prevented the bombing on Koura, so the American navy resorted to their second choice of area, Nagasaki. This city Is located on Shush, an Island In Japan, and Included a port with naval installati ons. Despite arguments that still go on today, one can discover by research that the use of the explosives was undoubtedly appropriate and the most promising method to end the war.Japan is known for having much strength when it comes to war effort. With this, one can better understand why the bomb was needed to prevent the cost of American lives. Though there was much concern about the Japanese casualties, the dropping of the atomic bombs can be seen as a reasonable act of revenge on account of previous occurrences with Japan. The Japanese military was indispensably strict. Indubitably, victory was extremely substantial. But more than victory was the religious nature of Japanese war effort.Relatives, ancestors, and the emperor of the land were to be highly respected, much more respect than the typical American expresses towards his or her family. Every Japanese soldier Is, If anything, expected to die with honor. Any man who surrenders on the battlefield Is en as a pessimist by show ing disrespect to his country, family, and ruler. A very surrender. It is known that there have been frequent mass suicides among Japanese troops that occurred during and after losing battles. Japanese soldiers who were seized were usually approached poorly.Captured men were accounted as animals and not treated like humans. Numerous of Japanese have died or committed suicide in past losing battles, but that does not mean that they failed to try. Unquestionably, Japan consistently striver for victory, gave all their strength, and was over prepared for many battles. The country fought until the last man. Even the wounded were supplied with two hand grenades. â€Å"One was to kill an enemy soldier, including enemy medical staff, who approached them, and the other was to kill themselves rather than endure the shame of being captured alive† (Pacific War Bomb Justifiable).This act demonstrates how the Japan military was overenthusiastic and brutal. These would have been the troops America would have faced if President Truman had opposed the atomic bombs and decided to side with a Japan land invasion. Ultimately, the United States sufficiently weakened the Japanese promise of â€Å"fighting o the last man† when they surrendered. Destroying the country's words was Just one method to demolish Japan's power to make war and another reason why showing America's technological power by dropping two atomic bombs was appropriate.The decision to elect the explosives was extremely logical when thinking about the prevented American lives. President Harry Truman contemplated on an abundance of strategies to convince Japan to surrender. His first option was to continue what was previously ordered in Japan. Heavy bombing on Japan cities already existed, but the explosives would be intensified. Also, the Soviet Union, an ally in defeating Germany, was supposedly Joining the war with Japan. The president considered anticipating until the Soviet Union got involved, and p ossibly Japan would surrender without a catastrophe.Next, Truman thought it was worth a try bargaining Japan's surrender and allowing them to keep their emperor, Horopito, on his throne. The last method was a land invasion. According to the president, â€Å"each posed serious military, political, and diplomatic risks†(Scholastic Upfront Bomb Debate). Certainly, the forth option would have been intensely unfortunate for the United States of America. â€Å"An invasion of Japan's home islands would risk one-million American battle casualties† (Pacific War Bomb Justifiable). In July, 1945, the atomic bomb became available.This seemed to be the most assuring way the war would end, but at the same time, President Truman was in a predicament because of such world controversy over whether the explosive was suitable. In the end, the president's decision showed that â€Å"the bombing was necessary to accomplish Trauma's objectives of forcing a prompt Japanese surrender and savi ng perhaps thousands of Americans' lives† (Scholastic Upfront Bomb Debate). Though this was not the purpose of dropping the bombs, the atomic explosives scattered over Japan can rationally be seen as an act of revenge.The Japanese was the reason behind America being brought into World War II, simply because of their attack on Pearl Harbor. The offense was without warning and a great amount of Americans died, including civilians. The number of American causalities from the attack was extremely ignominious compared to the insignificant amount of Japanese deaths. For those who side with the atomic bombs, the Pearl Harbor attack was another reason they believed the Orrville actions the Japanese have done to hurt the United of America.In a radio broadcast, following the dropping of the atomic bombs, Truman mentioned a few of Japan's negative efforts. Speaking about the explosive, President Truman said, â€Å"We have used it against those who attacked us without warning at Pearl Ha rbor, against those who have starved and beaten and executed American prisoners of war, and against those who have abandoned all pretense of obeying international laws of warfare† (Pacific War Bomb Justifiable). Perhaps after the bombs were dropped, Truman felt a bit regretful of his commands.After attaining and stating those words, it is obvious that the president felt that he had decided on the correct choice. One can only believe that he pondered on the fact that he once had difficulty on deciding something that was so obvious when he recalled past issues with Japan. American considered plenty of ways for Japan to surrender. American even offered a few of these ways as choices to Japan. One would think that any alternative would be chosen over war, but this was irrelevant to Japan. As mentioned before, the Japanese belief was to â€Å"fight to the last man†, and that is what the country had planned to do.Others believe Japan was waiting in hopes of securing better su rrender terms (Scholastic Upfront Bomb Debate), but on July 28th, 1945, the Prime Minister of Japan, Suzuki, ignored the Potsdam Declaration. The Potsdam Declaration gave Japan an opportunity to surrender without war (Pacific War Bomb Justifiable). â€Å"President Truman warned Japanese leaders that they must surrender or, ‘†¦ They may expect a rain of ruin from the air, the like of which has never been seen on this earth† (Stein 41). This was the president's method of getting Japan to understand that if there was no surrender, then there will be war, there will be revenge.In conclusion, Japan did surrender eventually, on August 14th. In the city of Hiroshima, an estimated amount of 60,000 people were killed. Over in Nagasaki, approximately 40,000 lives were taken, and relatively 60,000 injured. The bomb radiation would result in leaving many survivors with possible cancer, cataracts, genetic, life-shortening, and fertility effects. Perhaps these results were an ex tra force for Japan's surrender, along with the entry of the Soviet Union. Regardless of deaths, effects, and injuries done to Japan, the atomic weapons were unquestionably required to end World War II.The Japanese have plenty courage and strength in their war effort that it was certain that they weren't going to surrender. During the time of refusing and ignoring America's quest to compromise and perhaps arrange some sort of deal for the country to surrender, Japan was undoubtedly preparing for a fight to the death as a nation (Pacific War Bomb Justifiable). With this in mind, the bombs were a fortunate thing when the possible amount of American deaths resulting from a land invasion is apprehended. If the explosives weren't dropped, Japan would have control of the war.

Managing performance through training and development Essay

Managing performance through training and development - Essay Example The lectures indicate that there are numerous applicants received by employers for a single vacancy and work experience programmes for students and recent graduates number about 10,000 positions. Other employers are also offering industrial placements for graduates. Employers also prefer graduates with previous work experiences. Based on the above considerations, it is therefore important for me to undertake measures in order to improve my employability. I have yet to gain entry into the student and graduate training programmes or into the industrial placements for graduates. I believe that by gaining some experience and training, I can make myself stand out among the numerous applicants and thereby gain desirable employment. I understand that as early as now, as a student, I can already establish a reputation and a portfolio or profile which can later enhance my future employability. I need to first establish what I would like to be known for as a student, how wide my networks be, w hat I would like to achieve, and who will speak well of me. As a student, these are aspects of my academic life which would be formulated whether or not I would consciously seek to characterize these aspects. In effect, these elements would be the foundation for my employability. 2. Theoretical basis of the module In evaluating the various theories of the module, I noted that how I would perform in enhancing my employability is based on what I would say or do or what I would present; it is also based on the thinking and judgment of the employers I would like to impress. The theoretical basis of this module is basically the underpinning knowledge and understanding which would help me gain success in further enhancing my employability (theory). I believe that the career theory would help me first establish my personal assessment of what I would like to be, as well as settle other issues like where, when, where, who, why, and how I would like my employment chances to turn out (career t heory). The career theory also acknowledges the fact that careers go through cycles from their start-up, to their growth, then their settlement, their diversification, and their reduction (organisational cycles). There is also a right fit needed for a career to work. In order to enhance my employability, I would have to find the right fit for my skills, knowledge, goals, and interests (career fit). In applying the theories involved in enhancing my employability, I would be able to also understand that the career I would choose would have to match my requirements or needs and that my capabilities would also have to match the requirements of organizations (work adjustment theory). The vocational theory would also provide support and basis in enhancing my employability. The vocational theory is used in classifying individuals and jobs into vocational personalities (self-concept). This theory also provides tools and techniques in order to assist individuals into their distinctive identi ties and vocational personalities (vocational theory). In order to improve my employability, I would need to develop a set of skills and an identity which recruiters can use in order to easily identify my career fit and how I would fit into their own company requirements. 3. Management simulations Management simulations include the application of teamwork. Most businesses have a wide range of functions including marketing, logistics, operations, human resources, and

Parks and Recreation Assignment Example | Topics and Well Written Essays - 250 words

Parks and Recreation - Assignment Example He quoted several challenges he has come across. These were like the fluctuating number of visitors, the low income due to competitions with other national parks and the way to manage the staff and his subordinates. He elaborated how difficult it has been to manage people, whose goals are different, putting their diverse ideas together and making them to move towards a particular goal. Been the manager of the park, Luther displayed to me his extensive budget. Severally, he kept confirming one or two points from his records. His department had budgeted for $ 250,000 from the government allocation. In his budget, he has a list of objectives and activities to work on. These included extension of the park services to add more activities like bird watching and camping. His list of expenses also included motivation of workers through salary and wage increment, advertising the park to attract more visitors and introduction of modern technology in their services like online booking. I learnt from the way he emphasized, that these were among the long set goals and objectives of the park include in the mission but were never achieved due to poor management and lack of government support. Before we parted, I could read from his expressions, the zeal of Luther in application of his leadership qualities and skills in making the park one of the major attraction sites in US (Pet ersen

Analyzing Messages Essay Example | Topics and Well Written Essays - 750 words

Analyzing Messages - Essay Example With this, she invites Spencer to visit them when he gets the time. The email correspondence reveals two important aspects of written communication. First, the kind of language people use in written business correspondence depends on the relationship between them. Second, factors like gender and technology also come into play. Specifically, the language of the email is formal, similar to other business letters. The relationship between the two as service provider and client effects the formality of the correspondence. If the situation is reversed and Spencer will be the one to email Megan, thinking that Spencer is the service provider, the language could be more esteeming and polite as what can be seen in the second letter. Gender could have also played an important part in Megan’s writing. Being a woman, she did not want to be misinterpreted, thus kept the language formal. Also, her email is brief and no sense of closeness or endearment may be felt. The last line that says, â€Å"Do visit us when you have time† is a cordial invitation normal between a client and service provider. There are no terms used to signify personal closeness. Megan’s position in the company also plays a part in the construction of her email. Being the HR Manager, she is in the position to invite Spencer over to their office. Nevertheless, considering that Spencer is the Operations Manager in Cunninghams, she also included the clause â€Å"when you have time† to acknowledge how busy Spencer could be. As Steinberg (2007) notes, the style of communication is important in interpersonal communication. In this particular example, the use of technology as a communication style is very appropriate. The purpose and formality of the subject matter called for formality and such was achieved through emails. I hope this email finds you well. I am very glad to announce that Cunninghams, Inc. has just established a branch office in San Francisco, California as part of its

Different experience of two passengers in the airplane Essay

Different experience of two passengers in the airplane - Essay Example Here the essay indicates one person’s perspective upon the entering the plane and allowing the cramped space of the seating to ruin their experience throughout the flight. Conversely, the point of view of the other passenger is not as adversely affected by the cramped seating. In this example, the essay states, â€Å"When the passengers took their seats and reached towards the magazines in front of them they settled into what would become a wonderful airplane ride across the Atlantic Ocean. While the airplane wasn’t as large as traditional airliners it had a number of charming elements that made it more enjoyable than other flight methods.† These examples not only demonstrate how one passenger can perceive things differently from the simple nature of their physical size (as one space is cramped for person one, but not person two), but also rhetorically demonstrate that this experience shaded the individual’s perception of the entire trip. Another rhetorica l strategy that was implemented was showing how different people could interpret the same event in different ways. In terms of these essays, they demonstrated how the talking and general noise that occurred during the flight was interpreted differently, with the first passenger finding them irritating and the second enjoying them. Ultimately, these rhetorical elements demonstrate the means by which the same event, when experienced by different people, can be perceived in entirely different ways.

(Criminal justice) Your Ethical System Assignment

(Criminal justice) Your Ethical System - Assignment Example It is considered morally right when people make choices that conform to what is expected, which in turn leads to the correct consequences. On the other hand, when they make the wrong choice, the consequences are negative, therefore, they are considered acting in an immorally manner. This essay will examine the teleological moral systems in the society as well as how these moral systems help people to make the right choices. The paper will conclude by indicating how the teleological ethical system influences the society. Teleological ethics is a theory of morality that originates its duties or moral obligation from what is deemed in the society as desirable or good as an end to be achieved. The teleological ethical system judges the penalties of the act rather than the act itself. In that, if the action results in what can be considered, as a good consequence, then it must be good as the results justify the reason the act was committed (Pollock, 2012). There are various teleological ethical systems in these theory and they include ethics of virtue, utilitarianism and ethics of care. Consequentialism refers to the impression that the moral value of an action is resolute by the magnitude of its action. The precise consequences are those that are beneficial to humanity as they promote happiness, human satisfaction, human pleasure, and welfare to all humans. The consequences of doing something that is morally right are intrinsically valuable and good; hence, the actions that point to those consequences are ethical while those actions that lead away from happiness are immoral. For example, in the society we live in there are laws that have been imposed to ensure that people act in ways that ensure that they do not infringe on the happiness of other people. Therefore, different teleological moral systems are diverge not only on the exact consequences are, but on how different people poise the numerous possible consequences. In that, few choices are

Global Supply Chain Management Assignment Example | Topics and Well Written Essays - 2500 words

Global Supply Chain Management - Assignment Example It is therefore, of importance that all parties, that are inclusive in the supply chain, play their role to the best of their ability in ensuring that the consumer says safe. This ensures that all products that run across supply chains bypass safety and security measures instituted by the members of the supply chain (Nuttall 2013, p. 221). However, like it is in most cases, it is never done to the expectations of society. As such, the final product that reaches the final consumers is, more often than not, in a deplorable state in terms of safety with regard to human consumption. This is best exemplified by the case of horsemeat being passed off as healthy meat ready for human consumption. Such cases call for the restructuring of the pre-existing programs for safety assurance to be revised. The dire nature of the situation makes it an ivy issue to deal with. As such, this paper seeks to explicate on the problems charactering the current supply chain system, to provide solutions to the se problems as well as investigate on how supermarkets should prepare on the breakdown of the supply chains. It is undisputed that the horsemeat scandal has had adverse effects on the economy of the United Kingdom. One of these effects is the ruining of the reputations of otherwise stand-up companies and corporations. Most of these firms have been on record for having worked hard in order to realize the levels of success that characterizes their business models. Given the much effort invested by such companies, it might not be order for all of this to occur due to causes such as the inadequacy of the supply chain. The economic impact of this horse meat scandal has also resulted following a reduction in sales. It is probable that after such a scandal in a food commodity industry, the levels of sales are reduced. In certain cases, the level of drop can be catastrophic. Therefore, meat supply chain has its associated challenges worth analyzing and doing so would help outline past mista kes for correction purposes. This will fashion an enabling environment for the complete overhaul of the current policies governing this supply system. A number of well-known brands dealing with meat products have been adversely affected by this horse eat scandal. This is done with the hope that the consumer patterns of shopping have not been altered to the detriment of this industry. It is highly probable that consumers have already decided on purchasing less of processed meat, less of meals with ready meat and a significant number are contemplating the option of indulging vegetarian products. It can be argued that the scandal has provided vital lessons to the government, retailers and most of the entire food standard agency (De Haan, Groot, Loo and Ypenburg 2003, p. 82). The chain of responsibility is however long, and each party must be ready to accept liability accruing from the scandal. It is not surprising that the overall majority of customers cite the government as to blame. It is imperative to note that food fraud has been in existence since time immemorial. Human kind has been adulterated foodstuffs to suit their own selfish ambitions to the detriment of the health of the unsuspecting public. Laws instituted to curb against this vice have not deterred these crimes. A cause of the continuing food frauds might be attributed to the ongoing economic slump. The rise of the process of food commodities is

How does this section of Romeo and Juliet Essay Example for Free

How does this section of Romeo and Juliet Essay The characters are utilised by Shakespeare to highlight a sense of loss and desperation. The Captain who is a neutral figure, expresses a sense of remorse and sadness when he sees Romeo and Juliets dead bodies as a pitiful site, also illuminating a sense of universal suffering. Juliets newly dead body is used so that the agony and pain of her death is felt again universally. Romeo and Juliet are described as piteous woes which portrays them as one and as abstractions of sadness which emphasises the loss and despair of a romantic pair. The words trembles, sighs and weeps are listed characteristics of suffering used to highlight a sense of loss and nervousness. The shock and astonishment of Romeo and Juliets death is highlighted by the repetition of dead showing how unexpected this tragedy really was. Tybalts death is exaggerated when Romeo and Juliets marriage day is described as Tybalts doomesday increasing the magnitude of desperation and sadness. Shakespeare illuminates a paradox of joy and sadness between Tybalts untimely death and the new-made bride groom creating a contrast of joy and misery. There is a cruel irony when Juliets borrowed grave became her actual death bed. When this great tragedy was described as an accident it conveys the image of this great tragic love story as a minor and petty incident. Shakespeare uses the language of an important character to highlight a lack of gravitas and feeling in the text. Shakespeare uses flowers which represent nature, good health, love and positivity as a conventional image to highlight what this tragedy is all about. The last line describes everyone as being punished which again shows universal suffering. Shakespeare focuses the blame and responsibility on many people to emphasise the complexity of this tragedy. When the captain of the watch holds him in safety there is an air of suspicion that suggests that there will be blame given. The mattock and spade are both physical emblems of the Friars responsibility, showing the explicit direct blame and responsibility, of the Friar. The fact that the families are unaware adds a sense of mystery and shows more clearly the rushed fickle and spontaneous nature of the marriage. When Montague asks What further woe conspires against mine age? it shows bad luck, dual responsibility and the loss of youth and innocence. Shakespeare plays upon a maternal instinct when Juliet is described as a daughter for the first time, which is much less formal and emotional, conveying a real image of suffering and grieving. Shakespeare uses Romeo and Juliets stlen marriage day to portray a sense of immorality and negativity. When Juliet pined it reminds us of the rushed and hasty marriage. When Juliet is described as doing violence to her self, it presents to us a literal reading of suicide, but also lays a wider and inferred blame on Romeo and Juliet. Shakespeare describes the nurse as privy to show the nurses responsibility in keeping secret. Shakespeare highlights a sense of resolution and end to trouble by conveying subtle hints through the use of his characters. There is a healing of a rift when Shakespeare uses Romeo and Juliets death to present a positive image of the families which is shown when Capulet says O brother Montague Which is used as a positive image of new unity and a bond between the two families. The statue in pure gold emphasises the preciousness and importance of this tragedy. Montague compliments the Capulets when he says true and faithful Juliet showing that despite all the sorrow and grief there is still a sense of positivity. The resolution is tarnished by the fact that it is still glooming but it still gives us a sense of peace and when the Prince who is neutral repeats this again which portrays a universal sense of suffering. The sun represents images of positivity and despite a sense of sadness and sorrow there is still a sense of calm and new peace. There is a sense of union and bonding when Balthasar says to the Prince to the same place, to this same monument showing the older generations past conflict and Balthasar represents youth and innocence so he also represents the ability to change attitudes and stop the rivalry and stubbornness that has become so ingrained. In this section Shakespeare uses tragic aspects to highlight tragedy towards the end. The Princes advice is to have patience and slow down which is an ironic reminder that Romeo and Juliets fatal flaw was that they rushed in to their love and marriage. Friar advised Romeo and Juliet to slow down and bear this work of heaven with patience but they still remained rushed which is Shakespeares way of reminding us of Romeos hubris. The Friar wants his old life to be sacrificed emphasising even more the loss of youth, innocence and change. There is a hint that the two families have not learnt anything from this great tragedy when Montague says I can give thee more which shows that the two families are still competitive and are both desperate to prove themselves better. There is an implication that they are still interested in materialism when the statue will be raised in pure gold which is another superficial attempt to show the power and wealth of the families. When this tragedy is described as a story it undermines the sense of real suffering and denigrates Romeo and Juliets love.

Ambiguity of a Written Contract in Australia

Ambiguity of a Written Contract in Australia Do you think that a written contract must be ambiguous before an Australian court may hear surrounding circumstances evidence? In order to answer the question, I think it fit to discuss the principles for interpreting written commercial contracts. Principles of Interpretation Interpretation of a written contract involves establishing the parties bargain. This involves an understanding of express and unexpressed terms in contracts and is of the utmost importance as these interpretations will impact a partys legal rights and obligations. An objective approach must always be used in the interpretation of a commercial contract and the meaning of terms determined by what a reasonable businessperson would have understood those terms to mean if it was in the position of the parties at the time the contract was made.[1] The process of interpretation may require an investigation of the text, the context and the purpose of the transaction in order to establish the bargain between parties.[2] In the event that a contract is unambiguous, the process of interpretation may be concluded by an investigation of the text alone; however, this is not always possible or indeed the case, and the process of interpretation requires an understanding of the context, commercial purpose and object of the transaction.[3] As to the question of text, the exact meaning of the words used and their legal effect on the parties must be established. The contract must be given its natural and ordinary meaning unless that meaning would create an absurdity or inconsistency[4]. The interpretation of text may involve a review of the contract itself, the language used, including definitions and grammar, and maxims or cannons of interpretation which, amongst others, include interpreting the contract document as a whole, giving effect to all parts of the contract, and precedence of special and terms and conditions over general provisions. An investigation of the context of a transaction has been described as the matrix of fact[5] and it requires an understanding of the transactions genesis, background facts and ultimate purpose. I will discuss below the admissibility of evidence of surrounding circumstances external to the contract. The Debate and Uncertainty There has been considerable debate in Australian courts regarding the extent to which recourse may be had to evidence of surrounding circumstances in construing contracts, in light of Mason Js true rule in Codelfa. Much controversy exists in Australian courts in relation to the decision in Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (Codelfa)[6] and recent Australian High Court decisions, namely Electricity Generation Corporation v Woodside Energy (Woodside)[7] and Mount Bruce Mining Pty Ltd v Wright Prospecting (Mount Bruce)[8] in respect of the extent to which a court may hear evidence of surrounding circumstances evidence without there being ambiguity. Perhaps as a consequence of the conflict raised in respect of Mason Js judgement in Codelfa, it is also arguable whether the judgment advocates a literal (the text being dominant) or contextual (requires background against which words are used) approach to contract interpretation. Codelfa Construction Pty Ltd v State Rail Authority of New South Wales Is evidence of surrounding circumstances admissible in the interpretation of a contract without there being any ambiguity in the language of the contract? A logical starting point for any inquiry as to the above question and the role of ambiguity as a possible threshold or gateway should start with that said by Mason J in Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (Codelfa):[9] The true rule is that evidence of surrounding circumstances is admissible to assist in the interpretation of the contract if the language is ambiguous or susceptible of more than one meaning. But it is not admissible to contradict the language of the contract when it has a plain meaning. At first glance, Mason Js true rule appears to affirm a common view and often cited reason by the judiciary that any use of evidence of surrounding circumstances to assist in the interpretation of a contract is strictly banned unless ambiguity can be shown in the language of the contract. This view supports the proposition of an ambiguity gateway[10], that gateway existing to condition the admissibility of evidence of surrounding circumstances where there is ambiguity. Codelfa an alternative interpretation An alternative interpretation lies in the suggestion that what in fact Mason J stated as the true rule at page 352 of Codelfa is in fact in unison with the rest of his analysis. A careful review of Mason Js judgement (with whom Stephen and Wilson JJ agreed), specifically at pages 347 to 352 reveals that in the preceding paragraphs to the deliberation of the true rule, Mason J endorses and accepts the admissibility of evidence of surrounding circumstances to aid in the proper construction of a contract, as words are rarely ever isolated from the context in which they were set.[11] Mason J quotes from various passages of previous judgments, repeatedly emphasising the admissibility of whilst confirming that evidence of surrounding circumstances cannot be used for ascertaining a partys subjective intentions. The true rule could therefore be interpreted as simply confirming Mason Js view that evidence of surrounding circumstances can in fact be admitted to: Identify the meaning of a descriptive term;[12] Clarify the genesis and purpose of the transaction;[13] and Aid in clarifying ambiguous language in the contract[14] so long as the surrounding circumstances are not used to contradict and change the plain meaning of the contract language used. In summary and based on the above, the true rule is better interpreted as meaning that evidence of surrounding circumstances is admissible when the language is ambiguous. Electricity Generation Corporation v Woodside Energy Ltd The case involved an obligation by one of the parties to use reasonable endeavours and the High Court confirmed that reasonable endeavours are not absolute or unconditional in nature and stated that some contracts expressing an obligation to use reasonable endeavours contain their own internal standard of what is reasonable, by some express reference relevant to the business interestsà ¢Ã¢â€š ¬Ã‚ ¦[15] This meant that Woodside recognised the fluid nature of reasonable endeavours which would inherently require an investigation of all background facts and thereby allowing or even requiring the inclusion of evidence of surrounding circumstances. Whilst the High Court did not directly address the controversy surrounding the true rule it has recognised the objective approach to contract interpretation and affirmed the mandatory[16] nature of the requirement to consider the text used and the surrounding information, as well as the context and genesis of the transaction, including the market conditions in which the parties are operating.[17] Construing a commercial contract so as to avoid it making commercial nonsense andintended for the contract to produce a commercial result.[18] I interpret this statement as confirming that all relevant information is admissible, will require consideration and therefore does not rule out evidence of surrounding circumstances to either resolve or establish an ambiguity. Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd The most recent authority of the High Court dealing with admissibility of evidence, delivered in 2015. It was common ground that the contract was ambiguous and the judgment did not directly tackle or resolve the ambiguity gateway question.[19] Instead, it reiterated previously agreed contract interpretation approaches that include reference to objective background information, setting and context in order to interpret a commercial contract so as to avoid it making commercial nonsense or working commercial inconvenience.[20] Judgments made confirm that the commercial purpose of a transaction is a primary consideration of contract interpretation. It reveals that whilst, the ambiguity gateway question was not directly resolved, it nevertheless reaffirms that resolution of ambiguity may be achieved by reference to all background surrounding circumstances. The judges affirmed that nothing in their deliberation was intended to state any departure from the law as set out in Codelfa and Woodside.[21] Conclusion Codelfa made an authoritative statement which, properly construed, illustrates a contextual interpretation of contracts in which, beyond the simple grammatical interpretation of words devoid of context, the interpretation of the contract is informed by evidence of surrounding circumstances and an interrogation of the context and relevant background to find the objective purpose of the transaction. I regard Woodside and Mount Bruce decisions as being consistent with Mason Js true rule and overall judgment in Codelfa (with whom Stephen and Wilson JJ agreed) as well as Brennan Js views and judgment[22] in the same case. The supposed requirement in Codelfa which prevents the admission of evidence of surrounding circumstances unless there is ambiguity, the so called ambiguity gateway has not been confirmed by the High Court. An alternative interpretation of Codelfa also reconciles with the decisions in Woodside and Mount Bruce. Mason Ls comments in Codelfa where he stated that a distinction between reliance on surrounding circumstances to raise or resolve an ambiguity is perhaps more apparent than real[23] may shed light in respect of where Australian law is or should be heading in respect of admission of evidence of surrounding circumstances. Finally, until the High Court affirms its position it will no doubt lead to continuing controversy. Word count 1520 [1] Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 at 35 [2] Ibid [3] Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37 at 47 [4] Sir Kim Lewison David Hughes, The Interpretation of Contracts in Australia, Thomson Reuters, 2012, 5 [5] See Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37 at 108 and Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 at 351 [6] Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 [7] Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 [8] Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37 [9] Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 at 352 [10] Daniel Reynolds, Construction of Contracts after Mount Bruce Mining v Wright Prospecting (2016) 90 Australian Law Journal 190 [11] Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 at 347-352 [12] Ibid at 351 [13] Ibid [14] Ibid 352 refer to Mason Js true rule statement [15] Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 at 41-43 [16] See mandatory requirement it will require considerationà ¢Ã¢â€š ¬Ã‚ ¦ in Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 at 35 [17] Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 at 35 [18] Ibid [19] See Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37, at 52, 113 and 118 [20] Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37 at 50-51 [21] Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37 at 52 [22] Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 at 401 [23] Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 at 350