Living Organism Exists In Two Different Form-Myassignmenthelp.Com

Question: Discuss About the Living Organism Exists In Two Different Form? Answer: Introducation Living organism exists in two different forms. They are either eukaryotic or prokaryotic. Eukaryotic organisms are livings that contain cells which its genetic material is DNA, and its enclosed in the nucleus. Apart from that, their cells are surrounded by a cell membrane. They include all the living organisms apart from the eubacteria and archaea bacteria (Kryukov, et.al 2012).Prokaryotic on the other hand are microscopic organisms which lack a nucleus and a distinctive cell membrane on its cells. They are two groups either as eubacteria or as Archaeans. The archaeans according to research are more similar and related to the eukaryotic than the eubacteria. There are key characteristics that divide organisms as either eukaryote or as a prokaryote. These essential components include; availability of cell nucleus. Prokaryotes lack the cell nucleus while the eukaryotes have the cell nucleus which has the function of controlling all the activities of the cell. In addition to that, eukaryotes on their cells, they have a cell membrane that encloses and protects the cell while the prokaryotes lack the cell membrane (Ben-Shem, et.al 2012). Another characteristic is the mode of reproduction; the prokaryotes lack the sexual reproduction technique, the reproduce through binary fusion while the eukaryotes have the sexual reproduction method hence they reproduce sexually (Lwe Amos, 2009). Furthermore, the transcription occurrence and location where it takes place is another key characteristic that divides the organisms. This is because, in prokaryotes, transcription is conducted in the cell cytoplasm while in the eukaryotes, the transcription proce ss takes place inside the cell nucleus (Igarashi Kashiwagi, 2012). The other key characteristic is the availability of the cytoplasmic streaming process. They prokaryotic group of organisms lack this process in their cells while the eukaryotic organisms this process exists. Another characteristic that divides organisms is the availability of the mitochondria and the Golgi apparatus; the prokaryote organisms lack this two organelles while the eukaryote has this organelle. This is thus the common and essential characteristics which help in dividing of organisms as either prokaryote or eukaryotes. Prokaryotes exist in two groups. These groups are eubacteria and archaea. This two group of prokaryote differ due to the different feature they both have. The key characteristics that divide the prokaryote as either a eubacteria or archaea are as follows; some ribosomal RNA. Archie has three ribosomal RNA polymerases; this is like the eukaryote which has the similar number while the eubacteria have only one ribosomal RNA (Gupta, 2010). This makes the two group of prokaryote differ. Management key characteristic is the availability of peptidoglycan on the cell wall. This substance encloses the cell and also acts as a protective agent to the cells. The peptidoglycan contains hydrocarbons thus offering protection. The archaea have a cell wall made up of peptidoglycan while eubacteria lack it. In addition to that, archaea have a membrane that encloses the lipids. This membrane is also made up of hydrocarbons and not fatty acids. The eubacteria lack this, their membrane is formed of ester linkages, and this is also another essential characteristic that divides the organisms in the group of prokaryotes. Another key feature between the two groups that differentiate them is the physical and geochemical conditions where the archaea can survive under extreme conditions hence they are called extremophiles. While the eubacteria are not able to survive under extreme conditions, they only survive under mild conditions (Sorek, et.al 2008). The other characteristic that divides the two group is genetic and biochemical reaction ways. The two groups have a different genetic makeup and also the react differently to the antibiotics. This makes the two group different. The evidence and research that have been provided by biological researchers have indicated that archaeans are more similar to eukaryotes than either is to eubacteria. The following evidence proof this claim; the number of ribosomal RNA which are three in number are similar to those of eukaryotes which are also three in number. Also, the number of RNA polymerase are the same between the two groups (Kurland, et.al 2006). The ribosome of both the archaea and eukaryotes functions the same way where both have a work of producing both the large and small subunits of proteins. The mechanism and the process between the two groups are similar where all the steps are the same (Zimmer, 2009). Another evidence that shows this close relatedness is that the two groups have been found to possess same genes and also have similar metabolic pathways. Where the archaea use DNA polymerases as a starting point for the replication of chromosomes the same way as eukaryotes. On the pathway similarity, they both generate energy in the form of ATPS. References Ben-Shem, A., de Loubresse, N. G., Melnikov, S., Jenner, L., Yusupova, G., Yusupov, M. (2011). The structure of the eukaryotic ribosome at 3.0 resolution. Science, 334(6062), 1524-1529. Gupta, R. S. (2011). Origin of sidearm (Gram-negative) bacteria: antibiotic selection pressure rather than endosymbiosis likely led to the evolution of bacterial cells with two membranes. Antonie Van Leeuwenhoek, 100(2), 171-182. Igarashi, K., Kashiwagi, K. (2010). Characteristics of cellular transport in prokaryotes and eukaryotes. Plant Physiology and Biochemistry, 48(7), 506-512. Kryukov, K., Sumiyama, K., Ikeo, K., Gojobori, T., Saitou, N. (2012). A new database (GCD) on genome composition for eukaryote and prokaryote genome sequences and their initial analyses. Genome biology and evolution, 4(4), Kurland, C. G., Collins, L. Penny, D. (2006). Genomics and the irreducible nature of eukaryote cells. Science, 312(5776), 1011-1014. Lwe, J., Amos, L. A. (2009). Evolution of automotive filaments: the cytoskeleton from prokaryotes to eukaryotes. The international journal of biochemistry cell biology, 41(2), 323-329. Sorek, R., Kunin, V., Hugenholtz, P. (2008). CRISPRa widespread system that provides acquired resistance against phages in bacteria and archaea. Nature Reviews Microbiology, 6(3), 181-186. Zimmer, C. (2009). On the origin of eukaryotes. Science, 325(5941), 666-668.

Unusual Article Uncovers the Deceptive Practices of No Essay Scholarships for College Students 2012

Unusual Article Uncovers the Deceptive Practices of No Essay Scholarships for College Students 2012 The Basics of No Essay Scholarships for College Students 2012 Just make certain your application is of premium quality and hope for the very best. You don't wish to wait to begin the application process until early December. Apply for this job during the typical Apply button. To learn more about the easy application procedure, visit imagine-america. We make sure they're truly qualified. I believe ours is the finest but I might be a bit biased. Students in off-the-beaten-path majors may also qualify for interstate academic reciprocation. However, you can use several. We let them write a test output so we are able to evaluate its quality and if it is going to match the standard our service intends to offer you. Easy scholarships are a breeze to enter, but not necessarily simple to win. No Essay Scholarships for College Students 2012 - Is it a Scam? Apply to ones which you may qualify for. Understandably a specific identity quietly yearnings a further in order to receive about by way of it to make sure that you exhibit outright anger. Our writers also undergo a string of other training that may truly convince us they are best for the job. It's only normal to be anxious about hiring an on-line essay writer as you can not ever be sure whether you are employing the ideal service or not. We would like our customers to be satisfied without needing to spend a hefty budget for it. Getting prudent and applying for different scholarships similar to this one the ones that select a huge number of winners will surely incr ease your odds of winning something for school. This number is further motivation to secure more scholarships and lower the variety of loans you will have to take out! Quite a few music scholarships are readily available to help lower your education expenses. Even though most colleges may not consider strategies to lower the expenses of college, there are a number of ways a reduce tuition and general price is possible. If it comes to scholarships, many situations those that are funding an education feel they need to have stellar records and amazing academic criteria to be able to even look at finding funding. Of course it isn't likely to pay the complete price of tuition, and that's why they have an area to the right asking if you're prepared to submit an application for a student loan. Some are relatively little and might cover only the price of your textbooks, while some might cover your tuition and housing. If this is the case, you might be very happy to find out that there are a lot of scholarships that require no essays. If you've got an unusual trait or fall into some abnormal category, then there might be a scholarship that is available to you. While nearly every school scholarship might seem to request an essay from the stu dent, truth is there are some scholarships for which essays aren't required. There are lots of scholarships which don't require an essay. They understand that because of hard financial scenarios, it may be challenging to attain that so they provide generous scholarships to eligible members. She says employees' dependents might also be eligible. For that reason, it's considered among the best scholarships for low GPA because it provides individuals the opportunity to use their physical rather than their mental skills to market their education. One, we apply an extremely careful collection of our writers. When it has to do with easy applications, you can't get much simpler than the next scholarship programs.

Globalization College Essay - Tips For Writing Successful Globalization Essays

Globalization College Essay - Tips For Writing Successful Globalization EssaysWhat are the best tips for writing a Globalization College Essay? A Globalization essay is often complex and time consuming, yet can be especially satisfying when you finish it. Most students never finish their essay because they don't feel confident enough to complete it. Luckily, following these tips will help you finish your essay successfully:First, focus on communicating a concept, not just an argument. Try to focus on what your essay is trying to communicate rather than how you present that concept to the reader.Second, express your feelings through dialogue rather than mere facts. Let your essay speaks directly to the reader, and don't waste time filling your essay with words. Always address your audience, because people respond better to direct communication. Consider this: if you were to open up a menu on your computer, why would you choose to read about an essay on global banking rather than some other topic? If you wrote a research paper on global banking, wouldn't you read something about global banking rather than one about the impact of the current recession on the world economy?Third, avoid explaining your ideas in a simplistic way; if your globalization college essay isn't engaging, the reader won't be able to follow what you're saying. This is particularly true when your essay is difficult or unclear. It's important to explain in simple terms so the reader can easily understand what you're trying to say.Fourth, make sure that your Globalization College Essay is easy to understand. You want your reader to read it and go 'hmm,' and then want to come back to read more. In other words, make your essays as readable as possible.Fifth, use specific examples to show readers how to do something. You should take advantage of visual aids, such as charts and diagrams, to show readers how to do something. In addition, you can add graphs and tables where needed to give your readers a good grasp of your idea.Sixth, when writing an article, you can provide specific information for your reader. When writing a college essay, you should always provide specific information for your reader to understand the idea you're trying to convey. For example, if you are writing about global business relations, you should include specific information such as the 'Action Steps' that you suggest in your essay, or any number of useful tips for global business dealings.Finally, remember that there are different perspectives to global business. You can't discuss a topic from one perspective without speaking from another perspective. If you are going to write an essay about a topic that is primarily global in nature, your information should reflect both the international and local perspectives.

Xenophobia Essay Topics - Something Simple and Easy to Understand

Xenophobia Essay Topics - Something Simple and Easy to UnderstandWhy is Xenophobia essay topics so popular? When you read an essay, you want it to be unique and interesting. You want your classmates to question your choices or challenge your opinions. Unfortunately, the topic of xenophobia often has the opposite effect.Xenophobia essay topics are usually white male issues. They are not open to alternative viewpoints. They are political and social in nature. For many students, essays about being xenophobic are too complicated. They need something simple and straight forward, without the complex topics and serious themes that more advanced classes require.Here is a tip that can help you write your paper. When you think about the types of people who have xenophobia issues, it will make the essay much more simple. And remember, it should be something that is appealing to you, and that you have a genuine interest in.Xenophobia essay topics include that of immigration, health care, and rel igion. The essay can deal with anything that is political and involves other minorities. It could be about someone's thoughts on any minority group, religion, or culture. The main point of this type of essay is that it is very broad in scope, yet should be extremely easy to understand.Try writing your essay topics about topics that you feel strongly about. You will need to research the topic thoroughly, and not give up on it. If it sounds like a good idea, then take it one step further. Make it good enough to make you proud of it.Other ways to write the essay topics is to write from personal experience. Write a small essay about your personal experiences with xenophobia, or the fear of it. Your focus should be on how your perceptions and beliefs influence your everyday life. What did you learn from your experiences?If you belong to a minority, that is to say, if you are a minority that is either over-represented or under represented, then you may find yourself reflecting on the diff erence between your perception of the world, and others. Write about your impressions of the world as a whole, not just your interactions with others. You need to show that you are an expert on the subject, but that you have done your homework first.Xenophobia essay topics can help you put your opinion out there, but they should not overwhelm your paper. You can easily write a successful paper by starting with something that is very simple and easy to understand.

Writing College Nutrition Essay Questions - Do You Know How to Write Them?

Writing College Nutrition Essay Questions - Do You Know How to Write Them?It's always fun to read through the college nutrition essay but having college nutrition essay questions can help you ace your application and give you an edge over other applicants. One question that often comes up when applying to a college is whether or not the student will be required to have any form of professional certification in order to be accepted.Although some colleges require an exam before admitting students, many do not, and if your college does not require this professional credential, it might not be a bad idea to use it as a question in your college nutrition essay. Simply putting the question in will allow you to show how you're willing to go above and beyond the normal requirements. In addition, it can also show that you've done your research.Athletic eligibility is another area of focus. Since so many students are interested in playing sports for college, schools are trying to weed out appl icants who are not athletic enough. By asking for athletic essay questions, you show you're capable of playing an athletic sport, which in turn can show that you're tough enough to play on the field. The admissions staffs are always looking for students who can excel in multiple sports, so they're interested in seeing students who can do more than just one sport.The last topic to cover in your college nutrition essay is your major. Many times, schools are looking for students who are well rounded and depending on what your major is, this might be a great way to show them.Extra special treats are given to students who have completed doctorate degree requirements. Often the college is looking for students with advanced degrees because it shows they're worthy and capable. If you've earned a doctoral degree, take full advantage of this fact by making sure you have the necessary information regarding the thesis statement, the author's first name, and that your college will provide you wi th a copy of the final report once the thesis is complete.Another reason why your college nutrition essay is a good opportunity to really show them that you are professional and that you will work hard for the coursework is by asking for extra credit. Any college that wants to see that you're dedicated to the coursework and you'll keep up with the homework requirements is going to be happy to get extra credit for your college nutrition essay.You should expect to write your college nutrition essay on your own time, but there are some tips that can help you. Ask the college guidance counselor for ideas, and make sure you keep yourself organized.

Adolf Hitler Essays (1083 words) - Adolf Hitler, Paul Von Hindenburg

Adolf Hitler Feeling that all was lost, Hitler shot himself on April 30, 1945. By orders formally given by him before his death, SS officers immersed Hitler's body in gasoline and burned it in the garden of the Chancellery. Soon after the suicide of Hitler, the Germ On Easter Sunday April 20, 1889, at an inn called the Gasth of Zum Pommer, the wife of an Austrian Customs official gave birth to a son, Adolf Hitler. He was the fourth child to the parents of Alois and Klara Hitler of Austria. Hitler was a good student. One of the teachers in his high school classified young Hitler as "notorious, cantankerous, willful, arrogant, and irascible. He has an obvious difficulty in fitting in at school." He did well enough to get by in some of his courses but had no time for Adolf saw no real reason to stay in high school. He left school at age sixteen without a leaving certificate. In September 1907, Hitler left home taking with him all the money left to him by his father, who had died a few years earlier. The money would preliminary examination, the applicant was asked to submit drawings. Biblical drawings were most preferred. Hitler's drawings were returned saying they were "too wooden and too lifeless." He was rejected. He tried three months later and did not get pa Hitler moved into an apartment with his friend in Vienna. He pretended to be a student living off his relatives money. He read many books and sat in on the Austrian government sessions . Hitler speaks of his life in Vienna as "five years in which I had In 1913, Hitler moved to Munich. Life was not much better there until the First World War started in 1914. While many people were frightened and sad at the thought of a world war, Hitler was delighted. He held the rank of corporal, and in forty-seven b On October 13th 1918, a month before Germany surrendered to the Allies, his good luck ran out. When Hitler and his fellow dispatch runners were waiting in line for their food rations, British troops began lobbing high explosive shells nearby. Some of th Hitler soon regained use of his eyes, but as he was about to rejoin his regiment, he got the terrible news of Germany's surrender. "Once again, everything went black before my eyes, and I tottered and groped my way back to the place where we slept and bu As part of Hitler's job, he investigated a party called "the German Workers' Party." He was disgusted how the group had no organization, although he was in favor of many of the party's ideas. To follow up with his job, he joined the group to make sure t Hitler finally found his talent as a great orator. He first became aware of his talent while teaching at the University of Munich. When he talked, he held his audiences spellbound. He would sometimes lose five pounds a night by getting so active in his He persuaded the other party members to rent one of the largest halls in Munich?one that seated at least 2,000 people. There Hitler made of list of demands to the German government. Point twenty-five said, "For modern society, a colossus with feet of cl Ernst Rohm, a friend of Hitler's, organized a group of storm troopers for Hitler. The German name for storm troopers was Storm Abtcilung, or SA for short. They first beat and killed hecklers at Nazi speakings. When there were no hecklers, they found Je By the summer of 1923, the Nazi party had grown to 150,000 members. With the Nazi movement growing so rapidly, Hitler knew it was time to make a move on Germany. November 11, 1923 seemed like a perfect time for Hitler to make the grab for power. It was Hitler captured the government leaders and forced them to join him. His 3,000 men then marched to Berlin in an attempt to take it over. The German police were waiting. Shots were fired and sixteen nazis and two policemen lay dead. Hundreds more were w The trial was a "political circus". Hitler was allowed to speak for hours at a time. During one of his speeches he said, "It is the External Court of History ... That court will judge us ... as Germans who wanted the best for their people and their fatherla Hitler served only nine months of his five-year sentence. The guards gave him a suite of several adjoining

The scope of the doctrine and remedies for frustration of contract in English law Essays

The scope of the doctrine and remedies for frustration of contract in English law Essays The scope of the doctrine and remedies for frustration of contract in English law Paper The scope of the doctrine and remedies for frustration of contract in English law Paper Essay Topic: Law The courts have interpreted the scope of the doctrine of frustration narrowly, in accordance with the principle pacta sunt servanda agreements must be kept. If the courts readily held that a contract was frustrated, it would cast significant doubt on an array of agreements that make commerical enterprise possible. As Lord Radcliffe advised in Davis Contractors Ltd v Fareham UDC, [f]rustration is not to be lightly invoked as the dissolvent of a contract.i This discussion will first examine the underlying reasons for the narrowness of the doctrine before considering the specific limitations. Here it will be argued that in some instances the courts decisions have been inconsistent and in others they have been unduly harsh. The following part of the discussion will examine the remedies available to parties of a frustrated contract, as found under the Law Reform (Frustrated Contracts) Act 1943. The deficiencies in the statute will be explored, amongst them ambiguity, which has led to the rare use of the Act. Instead, parties have opted to draft out the Act and include provisional clauses of their own. These force majeure and hardship clauses provide for a solution if a supervening event occurs which makes it impossible or more onerous for one party to perform. With the unsatisfactory state of the law governing frustration, it will be posited that these clauses are vital to retain an element of certainty in commercial contracting. The scope of the doctrine of frustration Contract law is founded on the principle that liablity for non-performance is strict. While this seems particularly severe, it is substantiated with the belief that parties receive valuable consideration for taking risks. The allocation of risks provides a major function of the law of contract: it enables individuals and corporations to plan for the future with a moderate degree of certainty and hence to maximise their freedom of action.ii A contract can only be frustrated when performance becomes impossible, or a supervening event takes place that would make performance radically different to that which was contracted to by the parties. If frustration is sufficiently pled, its result is to bring the contract to an end. Given this drastic outcome, the courts have interpreted the scope of the doctrine narrowly in order to preserve the sanctity of contract.iii Paradine v Jane is most frequently cited to demonstrate this: When a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.iv Furthermore, if a party feels that they would be unable to perform if a supervening event occurs, they should provide for it in the contract. Many supervening events that can impede performance are foreseeable and parties should construct their contracts accordingly. There are several circumstances that may qualify for discharging the contract on grounds of frustration. These include the subject matter of the contract being destroyed; illness or incapacity of a contracting party; the non-occurrence of an event that formed the foundation of the contract; supervening illegality.v It is certainly not a rule that these circumstances will frustrate a contract. As Lord Sumner stated in Bank Line Ltd v Arthur Capel and Co, ultimately the frustration of an adventure depends on the facts of each case.vi There are three main limitations to the doctrine. Firstly, if there are provisions in the contract that provide for a solution if an event occurs, then an argument based on frustration is unlikely to be entertained as the parties have already provided for the occurrence.vii Secondly, if the event is foreseeable, the parties are unable to avail of the doctrine of frustration. In Amalgamated Investment and Property Co Ltd v John Walker Sons Ltdviii the claimants sought to set aside a contract for sale of a property, when they found that a day after they had signed the contract, the property became listed and could not be redeveloped. This reduced the value of the property by approximately 90%. The court held that the contract was not frustrated because the claimants were aware of the risk, as evidenced by a pre-contract enquiry as to whether the building could be listed. The supervening event did not fulfill the test set by Lord Radcliffe in Davis Contractors Ltd v Fareham UDCix it did not render [the performance] a thing radically different from that which was undertaken by the contract.x In Krell v Henryxi Vaughan Williams LJ expressed the foreseeability test in terms of whether the event was anticipated or not. Despite the logic of this proposition, it has not been without challenge. In The Eugenia, Lord Denning stated that: It has frequently been said that the doctrine of frustration only applies when the new situation is unforeseen or unexpected or uncontemplated, as if that were an essential feature. But it is not so.xii In stating this, Lord Denning relied upon the judgement in WJ Tatem Ltd v Gamboaxiii where a charterparty was held to be frustrated, even though it was foreseeable that the ship would be seized. It is difficult to reconcile these judgements with previous ones that have been decided, and it is indeterminable as to how future courts will rule on this test. A third limitation on the doctrine of frustration is if the event is self-induced. In Taylor v Caldwell, Blackburn J stated that frustration applied where performance had become impossible without default of the contractor.xiv The way in which the courts have interpreted a self-induced event is not free of controversy. In J Lauritzen AIS v Wijsmuller BV The Super Servant Two Bingham LJ stated that frustration had to arise from some outside event.xv In this case, the defendant contracted to transport an oil rig with either the Super Servant One or the Super Servant Two carrier. The defendant intended to use the latter, but it sank, and the Super Servant One had been allocated to other contracts. The Court of Appeal held that the contract was not brought to an end because of the sinking of Super Servant Two, but because of the defendants election not to use Super Servant One, therefore the contract was not frustrated. Treitel has criticized the reasoning of this judgement on the grounds that after the loss of the ship, it became impossible for the defendants to perform all its contracts during the period in question with only one operable carrier. Treitel further argues that in such a circumstance, where a party has entered into a number of contracts with other parties, and a supervening event does not permit him to satsify all those contracts, he can, provided he acts reasonably, elect to perform some of the contracts, and claim that the others have been frustrated by the event.xvi This argument certainly has merit and would lead to a far more just result than that decided by the court. The Law Reform (Frustrated Contracts) Act 1943 In cases where a contract was frustrated, the common law was ill-equipped to provide a remedy. This lead to unjust decisions, such as Chandler v Websterxvii where a contract was frustrated but the aggrieved party was still liable to pay. The rights of the parties were determined solely on when the obligation to pay arose before or after the frustrating event. If they arose before, then there was still an obligation to pay, regardless of whether there had been a total failure of consideration. In 1943, the Law Reform (Frustrated Contracts) Act [hereinafter the Act] was passed primarily to resolve this situation.xviii Shortly before the enactment of the Act, the House of Lords reversed Chandler in the case of Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd.xix Money paid before the event was recoverable when there was a total failure of consideration. This was an improvement in the state of the common law, but it was still not satisfactory as it did not allow the payer to recover money where there was only a partial failure of consideration, and furthermore, the payee could not set off expenses that he legitimately incurred. Under s.1(2) of the Act, money paid before the frustrating event is recoverable and money payable before the event ceases to be payable, subject to legitimate expenses incurred before the event. Section 1(3) further provides that if one party has derived a valuable benefit from anything done by the other party, then the judge may order that party to pay a sum in respect of it. In BP v Hunt, Goff J stated that the fundamental principle underlying the Act itself is prevention of the unjust enrichment of either party to the contract at the others expense and its purpose was not to apportion the loss between the parties.xx As McKendrick points out, this interpretation is not without challenge, and an alternative analysis is that the Act is designed to provide a flexible machinery for the adjustment of loss.xxi The purpose of the Act is therefore still in doubt. There are more specific criticisms levelled by McKendrick.xxii Whilst they cannot all be addressed here, it is important to identify the primary difficulties. Firstly, s.1(2) does not cover money paid after the event; the payor would have to resolve this at common law where there is little respite. Secondly, it is difficult to ascertain how loss will be calculated between the parties. If the payor has given the payee à ¯Ã‚ ¿Ã‚ ½20,000 which has been expended in performance of the contract, how much can the payee retain? McKendrick states that the subsection is not well drafted and that inadequate consideration has been given to the apportionment of any losses.xxiii Section 1(3) is the most controversial part of the Act and was critical in the case of BP v Hunt. The word benefit has been given an unnatural and artificial meaning, and the way in which Goff J resolved the matter in BP can lead to less desirable results. The value of the benefit and the just sum to be awarded is totally left to the discretion of the trial judge, which is liable to lead to inconsistency in the future.xxiv Ultimately this creates further uncertainty and ambiguity, making it difficult for parties to determine their actual remedies under the Act. Force majeure clauses As the law currently stands, it is uncertain as to whether the courts will discharge a contract on the ground of frustration due to a supervening event, and if they do, the remedial position of the parties is entirely unclear. Parties can reduce this uncertainty by agreeing on a list of events beforehand which constitute force majeure. Parties can also widen the parameters of these clauses beyond the scope that the courts would ordinarily allow. For instance, price fluctuations would not ordinarly be held to frustrate a contract in the courts, whereas parties can state in their contract that it will constitute a force majeure event. The importance of force majeure clauses cannot be overstated in the drafting of commercial contracts. In Bremer Handelsgesellschaft mbH v Vanden Avenne-Izegem PVBA,xxv Mocatta J believed that there was much to be said for Counsels submission that there was no room for the doctrine of frustration to apply when elaborate provisions, by way of force majeure clauses, were in place. During uncertain economic times, businesses will try to rely on the doctrine of frustration and force majeure clauses inserted into their contracts that provide for such events. This was the case in the wake of the terrorist attacks in the US in 2001, when businesses sought to discharge their contractual obligations through reliance on force majeure clauses.xxvi However, they will only be successful if their provision has the clear intention of resolving the consequences that arise out of the supervening event. If a provisional clause is not drafted to properly account for the event, the court will not give it affect. In Thames Valley Power Ltd v. Total Gas Power Ltd xxvii the defendants entered into a 15-year contract with the claimant for the supply of gas, which contained a force majeure clause. In July 2005, due to the sharp increase in gas prices, the defendants informed the claimants that this constituted a force majeure event and they would be unable to supply the gas until the prices fell. The claimants argued that the increase in prices did not fall into the scope of force majeure, and the event had not rendered performance impossible; it merely made it less profitable. In his judgement, Clarke J ruled that the force majeure clause which the defendants relied upon did not sufficiently cover the increase in gas prices. He cited another force majeure case, Tennants Lancashire Limited v Wilson CS Co Ltd, where Lord Loreburn observed that: The argument that a man can be excused from performance of his contract when it becomes commercially impossible seems to me to be a dangerous contention which ought not to be admitted unless the parties plainly contracted to that effect.xxviii In order to make sure that every event is covered under force majeure, some parties draft the clauses in very general terms. However, the courts will not necessarily interpret a force majeure clause to cover every event, despite the wording of the contract. In Metropolitan Water Board v Dick Kerr Coxxix a contract to build a reservoir in six years contained a provision that allowed for an extension in the event of time delays, whatsoever and howsoever occasioned. The courts interpreted this to mean that it gave the builder a period of grace for non-frustrating delays. It did not cover the actual event government intervention in WWI which required him to halt work and sell his construction plant. Hence the builders plea of frustration was successful. Therefore, force majeure clauses can be seen to cover events that have the possibility of resolution within a short period of time, but obviously cannot cover an event that renders performance impossible. When the court rules that a contract is frustrated, it is terminated. As Treitel notes, this inflexibility leads to all or nothing solutions,xxx which is often not what the parties want. Provisional clauses therefore have the further benefit of allowing the parties to stipulate a modification to the contract, allowing for extra time or for an alternative mode of performance at an additional cost. Conclusion The effect of a supervening event is to throw a contract off course. Rather than mitigate the ensuing uncertainty that is caused, the law in its current state creates further ambiguity. The indefinite wording of the 1943 Act creates further uncertainty when it comes to the remedial standpoint of the parties. As McKendrick observes, it is perhaps fortunate that a frustrated contract is a comparative rarity in commercial practice and so the deficiencies in the Act [] rarely come to light.xxxi In light of this, force majeure and hardship clauses provide for a degree of certainty and flexibility in commercial contracting. Not only can parties make provisions for what constitutes a force majeure event, but they can stipulate the consequences of such an event. With contracting parties realising these benefits, it is common for even small businesses to incorporate provisional clauses into their agreements. However, contracting parties must be diligent in drafting these clauses so that they sufficiently account for the supervening event, otherwise they may find that they are still subject to the courts determination and the uncertainty that ensues.