Mathematics In The Game Of Chess Maths Essay

Mathematics In The Game Of Chess Maths Essay INTRODUCTION: Chess is a two-player board game played on a chessboard, a square-checkered board with 64  squares arranged in an eight-by-eight grid. Each player begins the game with sixteen pieces: one king, one queen, two rooks, two knights, two bishops, and eight pawns. The object of the game is to checkmate the opponents king, whereby the king is under immediate attack (in check) and there is no way to remove or defend it from attack on the next move. The games present form emerged in Europe during the second half of the 15th century, an evolution of an older Indian game, Shatranj. Theoreticians have developed extensive chess strategies and tactics since the games inception. Computers have been used for many years to create chess-playing programs, and their abilities and insights have contributed significantly to modern chess theory. One, Deep Blue, was the first machine to beat a reigning World Chess Champion when it defeated Garry Kasparov in 1997. Matches between individuals took place as early as the 9th century. The tradition of organized competitive chess started during the 16th century. The first official World Chess Champion, Wilhelm Steinitz, claimed his title in 1886; the current World Champion is Viswanathan Anand from India. In addition to the World Championship, there is also the WomenHYPERLINK http://en.wikipedia.org/wiki/Womens_World_Chess_ChampionshipHYPERLINK http://en.wikipedia.org/wiki/Womens_World_Chess_Championships World Championship, the Junior World Championship, the World Senior Championship, the Correspondence Chess World Championship, the World Computer Chess Championship, and Blitz and Rapid World Championships (see fast chess). The Chess Olympiad is a popular competition among teams from different nations. Online chess has opened amateur and professional competition to a wide and varied group of players. Chess is a recognized sport of the International Olympic Committee and international chess competi tion is sanctioned by the FIDE. Today, chess is one of the worlds most popular games, played by millions of people worldwide at home, in clubs, online, by correspondence, and in tournaments. Some other popular forms of chess are fast chess and computer chess. There are also many chess variants which have different rules, different pieces, different boards, etc. History Iranian chess set, glazed fritware, 12th century. New York Metropolitan Museum of Art. Knights Templar playing chess, Libro de los juegos, 1283. Chess is commonly believed to have originated in North-West India during the Gupta empire, where its early form in the 6th century was known as caturaà ¡Ã‚ ¹Ã¢â‚¬ ¦ga (Sanskrit: four divisions [of the military] infantry, cavalry, elephants, and chariotry, represented by the pieces that would evolve into the modern pawn, knight, bishop, and rook, respectively). The earliest evidence of Chess is found in the neighboring Sassanid Persia around 600 where the game came to be known under the name chatrang. Chatrang is evoked inside three epic romances written in Pahlavi (Medium Persian). Chatrang was taken up by the Muslim world after the Islamic conquest of Persia (633-644) where it was then named shatranj, with the pieces largely retaining their Persian names. In Spanish shatranj was rendered as ajedrez, in Portuguese as xadrez, and in Greek as zatrikion (which directly comes from Persian chatrang), but in the rest of Europe it was replaced by versions of the Persian shÄ h (king ), which was familiar as an exclamation and became the English words check and chess. Murray theorized that this change happened from Muslim traders coming to European seaports with ornamental chess kings as curios before they brought the game of chess. The game reached Western Europe and Russia by at least three routes, the earliest being in the 9th century. By the year 1000 it had spread throughout Europe. Introduced into the Iberian Peninsula by the Moors in the 10th century, it was described in a famous 13th-century manuscript covering shatranj, backgammon, and dice named the Libro de los juegos. Another theory contends that chess arose from the game xiangqi (Chinese Chess) or one of its predecessors, although this has been contested. ___________________________________________________ Mathematics In The Game Of Chess Legend has it that the game was invented by a mathematician in India who elicited a huge reward for its creation. The King of India was so impressed with the game that he asked the mathematician to name a prize as reward. Not wishing to appear greedy, the mathematician asked for one grain of rice to be placed on the first square of the chess board, two grains on the second, four on the third and so on. The number of grains of rice should be doubled each time. The King thought that hed got away lightly, but little did he realise the power of doubling to make things big very quickly. By the sixteenth square there was already a kilo of rice on the chess board. By the twentieth square his servant needed to bring in a wheelbarrow of rice. He never reached the 64th and last square on the board. By that point the rice on the board would have totalled a staggering 18,446,744,073,709,551,615 grains. Playing chess has strong resonances with doing mathematics. There are simple rules for the way each chess piece moves but beyond these basic constraints, the pieces can roam freely across the board. Mathematics also proceeds by taking self-evident truths (called axioms) about properties of numbers and geometry and then by applying basic rules of logic you proceed to move mathematics from its starting point to deduce new statements about numbers and geometry. For example, using the moves allowed by mathematics the 18th-century mathematician Lagrange reached an endgame that showed that every number can be written as the sum of four square numbers, a far from obvious fact. For example, 310 = 172 +42 + 22 + 12. Some mathematicians have turned their analytic skills on the game of chess itself. A classic problem called the Knights Tour asks whether it is possible to use a knight to jump around the chess board visiting each square once only. The first examples were documented in a 9th-century Arabic manuscript. It is only within the past decade that mathematical techniques have been developed to count exactly how many such tours are possible. It isnt just mathematicians and chess players who have been fascinated by the Knights Tour. The highly styled Sanskrit poem Kavyalankara presents the Knights Tour in verse form. And in the 20th century, the French author Georges Perecs novel Life: A Users Manual describes an apartment with 100 rooms arranged in a 1010 grid. In the novel the order that the author visits the rooms is determined by a Knights Tour on a 1010 chessboard. Mathematicians have also analysed just how many games of chess are possible. If you were to line up chessboards side by side, the number of them you would need to reach from one side of the observable universe to the other would require only 28 digits. Yet Claude Shannon, the mathematician credited as the father of the digital age, estimated that the number of unique games you could play was of the order of 10120 (a 1 followed by 120 0s). Its this level of complexity that makes chess such an attractive game and ensures that at the Olympiad in Russia in 2010, local spectators will witness games of chess never before seen by the human eye, even if the winning team turns out to have familiar names. ________________________________________________________ Rules The official rules of chess are maintained by the World Chess Federation. Along with information on official chess tournaments, the rules are described in the FIDE Handbook, section Laws of Chess.[2] Setup Pieces at the start of a game A b C d e f g h 8 8 7 7 6 6 5 5 4 4 3 3 2 2 1 1 A b C D e f g h Initial position: first row: rook, knight, bishop, queen, king, bishop, knight, and rook; second row: pawns Chess is played on a square board of eight rows (called ranks and denoted with numbers 1 to 8) and eight columns (called files and denoted with letters a to h) of squares. The colors of the sixty-four squares alternate and are referred to as light squares and dark squares. The chessboard is placed with a light square at the right hand end of the rank nearest to each player, and the pieces are set out as shown in the diagram, with each queen on its own color. The pieces are divided, by convention, into white and black sets. The players are referred to as White and Black, and each begins the game with sixteen pieces of the specified color. These consist of one king, one queen, two rooks, two bishops, two knights and eight pawns. ___________________________________________________________________________ Movement White always moves first. After the initial move, the players alternately move one piece at a time (with the exception of castling, when two pieces are moved). Pieces are moved to either an unoccupied square, or one occupied by an opponents piece, capturing it and removing it from play. With the sole exception of en passant, all pieces capture opponents pieces by moving to the square that the opponents piece occupies. A player may not make any move which would put or leave his king under attack. If the player to move has no legal moves, the game is over; it is either a checkmate-if the king is under attack-or a stalemate-if the king is not. Each chess piece has its own style of moving. In the diagrams, the dots mark the squares where the piece can move if no other pieces (including ones own piece) are on the squares between the pieces initial position and its destination. The king moves one square in any direction, the king has also a special move which is called castling and also involves a rook. The rook can move any number of squares along any rank or file, but may not leap over other pieces. Along with the king, the rook is also involved during the kings castling move. The bishop can move any number of squares diagonally, but may not leap over other pieces. The queen combines the power of the rook and bishop and can move any number of squares along rank, file, or diagonal, but it may not leap over other pieces. The knight moves to any of the closest squares which are not on the same rank, file or diagonal, thus the move forms an L-shape two squares long and one square wide. The knight is the only piece which can leap over other pieces. The pawn may move forward to the unoccupied square immediately in front of it on the same file, or on its first move it may advance two squares along the same file provided both squares are unoccupied, or it may move to a square occupied by an opponents piece, which is diagonally in front of it on an adjacent file, capturing that piece. The pawn has two special moves, the en passant capture, and pawn promotion. Moves of a king a B c D e f g h 8 8 7 7 6 6 5 5 4 4 3 3 2 2 1 1 a B c D e f g h Moves of a rook a B c D e f g h 8 8 7 7 6 6 5 5 4 4 3 3 2 2 1 1 a B c D e f g h Moves of a bishop a B c D e f g h 8 8 7 7 6 6 5 5 4 4 3 3 2 2 1 1 a B c D e f g h Moves of a queen a B c D e f g h 8 8 7 7 6 6 5 5 4 4 3 3 2 2 1 1 a B c D e f g h Moves of a knight a B c D e f g h 8 8 7 7 6 6 5 5 4 4 3 3 2 2 1 1 a B c D e f g h Moves of a pawn a B c D e f g h 8 8 7 7 6 6 5 5 4 4 3 3 2 2 1 1 a B c D e f g h * Pawns can optionally move two squares forward instead of one on their first move only. They capture diagonally (black xs); they cannot capture with their normal move (black circles). Pawns are also involved in the special move en passant (below). Check When a king is under immediate attack by one or two of the opponents pieces, it is said to be in check. A response to a check is a legal move if it results in a position where the king is no longer under direct attack (i.e. not in check). This can involve capturing the checking piece, interposing a piece between the checking piece and the king (which is possible only if the attacking piece is a queen, rook, or bishop and there is a square between it and the king), or moving the king to a square where it is not under attack. Castling is not a permissible response to a check. The object of the game is to checkmate the opponent; this occurs when the opponents king is in check, and there is no legal way to remove it from attack. End of the game Although the objective of the game is to checkmate the opponent, chess games do not have to end in checkmate-either player may resign if the situation looks hopeless. It is considered bad etiquette to continue playing when in a truly hopeless position. If it is a timed game a player may run out of time and lose, even with a much superior position. Games also may end in a draw (tie). A draw can occur in several situations, including draw by agreement, stalemate, threefold repetition of a position, the fifty-move rule, or a draw by impossibility of checkmate (usually because of insufficient material to checkmate). As checkmate from some positions cannot be forced in less than 50 moves (see e.g. pawnless chess endgame and two knights endgame), the fifty-move rule is not applied everywhere,[6] particularly in correspondence chess. White is in checkmate a B c D e f g h 8 8 7 7 6 6 5 5 4 4 3 3 2 2 1 1 a B c d e f g h White is in checkmate. He cannot escape from being attacked by the Black king and bishops. Stalemate a B c d e f g h 8 8 7 7 6 6 5 5 4 4 3 3 2 2 1 1 a B c d e f g h Stalemate if Black is to move. The position is not checkmate, and since Black cannot move, the game is a draw. Time control A modern digital chess clock Besides casual games without any time restriction, chess is also played with a time control, mostly by club and professional players. If a players time runs out before the game is completed, the game is automatically lost (provided his opponent has enough pieces left to deliver checkmate). The duration of a game ranges from long games played up to seven hours to shorter rapid chess games lasting usually 30 minutes or one hour per game. Even shorter is blitz chess with a time control of three to fifteen minutes for each player, or bullet chess (under three minutes). In tournament play, time is controlled using a game clock which has two displays, one for each players remaining time. ________________________________________________________ Notation for recording moves Naming the squares in algebraic chess notation Chess games and positions are recorded using a special notation, most often algebraic chess notation. Abbreviated (or short) algebraic notation generally records moves in the format abbreviation of the piece moved file where it moved rank where it moved, e.g. Qg5 means queen moves to the g-file and 5th rank (that is, to the square g5). If there are two pieces of the same type that can move to the same square, one more letter or number is added to indicate the file or rank from which the piece moved, e.g. Ngf3 means knight from the g-file moves to the square f3. The letter P indicating a pawn is not used, so that e4 means pawn moves to the square e4. If the piece makes a capture, x is inserted before the destination square, e.g. Bxf3 means bishop captures on f3. When a pawn makes a capture, the file from which the pawn departed is used in place of a piece initial, and ranks may be omitted if unambiguous. For example, exd5 (pawn on the e-file captures the piece on d5) or exd (pawn on e-file captures something on the d-file). ScholarHYPERLINK http://en.wikipedia.org/wiki/Scholars_mateHYPERLINK http://en.wikipedia.org/wiki/Scholars_mates mate If a pawn moves to its last rank, achieving promotion, the piece chosen is indicated after the move, for example e1Q or e1=Q. Castling is indicated by the special notations 0-0 for kingside castling and 0-0-0 for queenside castling. A move which places the opponents king in check usually has the notation + added. Checkmate can be indicated by # (occasionally ++, although this is sometimes used for a double check instead). At the end of the game, 1-0 means White won, 0-1 means Black won and  ½- ½ indicates a draw. Chess moves can be annotated with punctuation marks and other symbols. For example ! indicates a good move, !! an excellent move, ? a mistake, a blunder, !? an interesting move that may not be best or ?! a dubious move, but not easily refuted.[1] For example, one variant of a simple trap known as the ScholarHYPERLINK http://en.wikipedia.org/wiki/Scholars_mateHYPERLINK http://en.wikipedia.org/wiki/Scholars_mates mate, animated in the picture to the right, can be recorded: e4 e5 Qh5?! Nc6 Bc4 Nf6 Qxf7# 1-0 ________________________________________________________ Strategy and tactics Chess strategy consists of setting and achieving long-term goals during the game for example, where to place different pieces while tactics concentrate on immediate manoeuvre. These two parts of chess thinking cannot be completely separated, because strategic goals are mostly achieved by the means of tactics, while the tactical opportunities are based on the previous strategy of play. A game of chess is normally divided into three phases: opening, typically the first 10 to 25 moves, when players move their pieces into useful positions for the coming battle; middlegame, usually the fiercest part of the game; and endgame, when most of the pieces are gone, kings typically take a more active part in the struggle, and pawn promotion is often decisive. Opening A chess opening is the group of initial moves of a game (the opening moves). Recognized sequences of opening moves are referred to as openings and have been given names such as the Ruy Lopez or Sicilian Defence. They are catalogued in reference works such as the Encyclopaedia of Chess Openings. There are dozens of different openings, varying widely in character from quiet positional play (e.g. the Rà ©ti Opening) to very aggressive (e.g. the Latvian Gambit). In some opening lines, the exact sequence considered best for both sides has been worked out to more than 30 moves. Professional players spend years studying openings, and continue doing so throughout their careers, as opening theory continues to evolve. The fundamental strategic aims of most openings are similar: Development: To place (develop) the pieces (particularly bishops and knights) on useful squares where they will have an optimal impact on the game. Control of the center: Control of the central squares allows pieces to be moved to any part of the board relatively easily, and can also have a cramping effect on the opponent. King safety: Keeping the king safe from dangerous possibilities. A correct timing for castling can often enhance this. Pawn structure: Players strive to avoid the creation of pawn weaknesses such as isolated, doubled or backward pawns, and pawn islands and to force such weaknesses in the opponents position. Most players and theoreticians consider that White, by virtue of the first move, begins the game with a small advantage. This initially gives White the initiative. Black usually strives to neutralize Whites advantage and achieve equality, or to develop dynamic counterplay in an unbalanced position. Middlegame The middlegame is the part of the game which starts after the opening. There is no clear line between the opening and the middlegame, but typically the middlegame will start when most pieces have been developed. (Similarly, there is no clear transition from the middlegame to the endgame, see start of the HYPERLINK http://en.wikipedia.org/wiki/Chess_endgame#The_start_of_the_endgameendgame.) Because the opening theory has ended, players have to form plans based on the features of the position, and at the same time to take into account the tactical possibilities in the position. The middlegame is also the phase in which most combinations occur. Combinations are a series of tactical moves executed to achieve some gain. Middlegame combinations are often connected with an attack against the opponents king; some typical patterns have their own names, for example the BodenHYPERLINK http://en.wikipedia.org/wiki/Bodens_MateHYPERLINK http://en.wikipedia.org/wiki/Bodens_Mates Mate or the Lasker- Bauer combination. Specific plans or strategic themes will often arise from particular groups of openings which result in a specific type of pawn structure. For example, the minority attack, that is the attack of queenside pawns against an opponent who has more pawns on the queenside. The study of openings should therefore be connected with the preparation of plans that are typical of the resulting middlegames. Another important strategic question in the middlegame is whether and how to reduce material and transform into an endgame (i.e. simplify). For example, minor material advantages can generally be transformed into victory only in an endgame, and therefore the stronger side must choose an appropriate way to achieve an ending. Not every reduction of material is good for this purpose; for example, if one side keeps a light-squared bishop and the opponent has a dark-squared one, the transformation into a bishops and pawns ending is usually advantageous for the weaker side only, because an endgame with bishops on opposite colors is likely to be a draw, even with an advantage of a pawn, or sometimes with a two-pawn advantage. _____________________________________________________________________________________ Endgame a B c D e f g h 8 8 7 7 6 6 5 5 4 4 3 3 2 2 1 1 a B c d e f g h An example of zugzwang: the side which is to make a move is at a disadvantage. The endgame (or end game or ending) is the stage of the game when there are few pieces left on the board. There are three main strategic differences between earlier stages of the game and endgame: During the endgame, pawns become more important; endgames often revolve around attempting to promote a pawn by advancing it to the eighth rank. The king, which has to be protected in the middlegame owing to the threat of checkmate, becomes a strong piece in the endgame. It is often brought to the center of the board where it can protect its own pawns, attack the pawns of opposite color, and hinder movement of the opponents king. Zugzwang, a disadvantage because the player has to make a move, is often a factor in endgames but rarely in other stages of the game. For example, the diagram on the right is zugzwang for both sides, as with Black to move he must play 1Kb7 and let White promote a pawn after 2.Kd7; and with White to move he must allow a draw by 1.Kc6 stalemate or lose his last pawn by any other legal move. Endgames can be classified according to the type of pieces that remain on board. Basic checkmates are positions in which one side has only a king and the other side has one or two pieces and can checkmate the opposing king, with the pieces working together with their king. For example, king and pawn endgames involve only kings and pawns on one or both sides and the task of the stronger side is to promote one of the pawns. Other more complicated endings are classified according to the pieces on board other than kings, such as the rook and pawn versus rook endgame. Origins of the modern game (1000-1850) A tactical puzzle from LucenaHYPERLINK http://en.wikipedia.org/wiki/Luis_Ramirez_de_LucenaHYPERLINK http://en.wikipedia.org/wiki/Luis_Ramirez_de_Lucenas 1497 book Around 1200, rules of shatranj started to be modified in southern Europe, and around 1475, several major changes made the game essentially as it is known today. These modern rules for the basic moves had been adopted in Italy and Spain. Pawns gained the option of advancing two squares on their first move, while bishops and queens acquired their modern abilities. The queen replaced the earlier vizier chess piece towards the end of the 10th century and by the 15th century, had become the most powerful piece; consequently modern chess was referred to as Queens Chess or Mad Queen Chess. These new rules quickly spread throughout western Europe, with the exception of the rules about stalemate, which were finalized in the early 19th century. To distinguish it from its predecessors, this version of the rules is sometimes referred to as western chess or international chess. Writings about the theory of how to play chess began to appear in the 15th century. The Repeticià ³n de Amores y Arte de Ajedrez (Repetition of Love and the Art of Playing Chess) by Spanish churchman Luis Ramirez de Lucena was published in Salamanca in 1497. Lucena and later masters like Portuguese Pedro Damiano, Italians Giovanni Leonardo Di Bona, Giulio Cesare Polerio and Gioachino Greco or Spanish bishop Ruy Là ³pez de Segura developed elements of openings and started to analyze simple endgames. Franà §ois-Andrà © Danican Philidor, 18th-century French chess Master In the 18th century the center of European chess life moved from the Southern European countries to France. The two most important French masters were Franà §ois-Andrà © Danican Philidor, a musician by profession, who discovered the importance of pawns for chess strategy, and later Louis-Charles Mahà © de La Bourdonnais who won a famous series of matches with the Irish master Alexander McDonnell in 1834. Centers of chess activity in this period were coffee houses in big European cities like Cafà © de la Rà ©gence in Paris and SimpsonHYPERLINK http://en.wikipedia.org/wiki/Simpsons-in-the-StrandHYPERLINK http://en.wikipedia.org/wiki/Simpsons-in-the-Strands Divan in London. As the 19th century progressed, chess organization developed quickly. Many chess clubs, chess books and chess journals appeared. There were correspondence matches between cities; for example the London Chess Club played against the Edinburgh Chess Club in 1824. Chess problems became a regular part of 19th-century newspapers; Bernhard Horwitz, Josef Kling and Samuel Loyd composed some of the most influential problems. In 1843, von der Lasa published his and BilguerHYPERLINK http://en.wikipedia.org/wiki/Paul_Rudolf_von_BilguerHYPERLINK http://en.wikipedia.org/wiki/Paul_Rudolf_von_Bilguers Handbuch des Schachspiels (Handbook of Chess), the first comprehensive manual of chess theory. ________________________________________________________ Competitive play Contemporary chess is an organized sport with structured international and national leagues, tournaments and congresses. Chesss international governing body is FIDE (Fà ©dà ©ration Internationale des Échecs). Most countries have a national chess organization as well (such as the US Chess Federation and English Chess Federation), which in turn is a member of FIDE. FIDE is a member of the International Olympic Committee, but the game of chess has never been part of the Olympic Games; chess does have its own Olympiad, held every two years as a team event. The current World Chess Champion Viswanathan Anand (left) playing chess against his predecessor Vladimir Kramnik. The current World Chess Champion is Viswanathan Anand of India. The reigning Womens World Champion is Alexandra Kosteniuk from Russia but the worlds highest rated female player, Judit Polgà ¡r, has never participated in the WomenHYPERLINK http://en.wikipedia.org/wiki/Womens_World_Chess_ChampionshipHYPERLINK http://en.wikipedia.org/wiki/Womens_World_Chess_Championships World Chess Championship, instead preferring to compete with the leading men and maintaining a ranking among the top male players. Other competitions for individuals include the World Junior Chess Championship, the European Individual Chess Championship and the National Chess Championships. Invitation-only tournaments regularly attract the worlds strongest players and these include Spains Linares event, Monte Carlos Melody Amber tournament, the Dortmund Sparkassen meeting, Sofias M-tel Masters and Wijk aan Zees Corus tournament. Regular

Burn Out and Correctional Officers Essay -- Criminal Justice

There have been an increasing number of studies done in the past 40 years based on the concept of â€Å"burn-out† and specifically the work environment for human service workers and the evident amount of job stress these suffer from. Human service workers play a vital role in our community and it is terrible to think that so many of these passionate people are overwhelmed and burnout from their careers. Another big issue is not only the impact burnout has on the individual but on their clients and organization. A professional who is burned out cannot assist a client to the best of their ability. For example, an inmate in a correctional facility will not be getting the best care in order to rehabilitate them and reintegrate them into society if the correctional workers are burnt out and bitter. Everyone that studies the concept of burnout have their own take on it, and their own definition. The biggest problem with the study of burnout is the lack of clarity and complete agreeable concept amongst all those trying to define it. Being burnt out could describe anything from the flu to depression because there is not any clear classification. The definition of burnout by Christina Maslach seems to be all encompassing. According to Maslach, â€Å"burnout is a syndrome of emotional exhaustion, depersonalization, and reduced personal accomplishment that can occur among individuals who work with people in some capacity.† A vital characteristic of the burnout syndrome is increased feelings of emotional exhaustion – â€Å"as emotional resources are depleted, workers feel they are no longer able to give of themselves at a psychological level.† Another aspect of the burnout syndrome is the development of depersonalization, which are basically negativ... ...f Psychology 52, no. 1 (2001): 396-422. Maslach, Christina. "Job Burnout: New Directions in Research and Intervention." Current Directions in Psychological Science, 2003: 198-192. Mumola, C. J. "Substance Abuse and Treatment, State and Federal Prisoners." Bureau of Justice Statistics, 1999. Paine, Whiton Stewart. "Job Stress and Burnout." Research, Theory and Intervention Perspectives (Sage Publications), 1982. Patrick, Pamela. Health Care Worker Burnout: What It Is, What To Do About It. Inquiry Books, 1981. Pines, Ayala. "Sex and Culture in Burnout and Coping Among Human Service Professionals." Journal of Cross-Cultural Psychology 17, no. 2 (June 1986): 191-209. Shapiro, David. "Psychotherapy and subjective experience." psychiatry (Basic Books), 1985: 311-317. Whitehead, John T. Burnout in Probation and Corrections. The University of Michigan: Praeger, 1999.

Case on Law of Quantum Meruit

Case Analysis Puran Lal Sah versus State of UP Submitted by – Aseem Agarwal (12PGPIM04) Nitin Gupta (12PGPIM21) Rahul Jain (12PGPIM24) Saumitra Das (12PGPIM28) Nishant Shah (12PGPIM29) Supreme Court of India Puran Lal Sah vs State Of U. P on 21 January, 1971 Equivalent citations: 1971 AIR 712, 1971 SCR (3) 469 Bench: Reddy, P Jaganmohan PETITIONER: PURAN LAL SAH Vs. RESPONDENT: STATE OF U. P. DATE OF JUDGMENT 21/01/1971 BENCH: REDDY, P. JAGANMOHAN BENCH: REDDY, P. JAGANMOHAN DUA, I. D. CITATION: 1971 AIR 712 1971 SCR (3) 469 1971 SCC (1) 424 ACT:Contract-Claim on basis of Quantum Meruit – When sustainable Brief Facts of the Case The Public Works Department of the State of UP had issued a tender notice to construct Mile 3 of the Nainital – Bhowali Road. They published Schedule B rates based on the calculation that stone would be available within 26 chains. The appellant inspected the site and found that there was stone available for construction within 26 chains. Satisfied he submitted a tender at 13% below the rates given in Schedule B on 30th September, 1946. Finally the tender was accepted and contract signed on 20th November, 1946.However when the appellant tried to take stone from the specific area, he was stopped by Cantonment authorities. Furthermore he was not given permission from the Cantonment authorities for the removal of stones. As a result he had to get stone from Gadhera and Bhumedar from a distance of 79 and 110 chains respectively. Also during the construction of the road he encountered very hard shale rock that wasn’t mentioned in the contract as result of which he had to do some extra work. He requested for a higher rate from PWD but was rejected.After that he commenced the work, finally when the work was finished the Executive engineer forwarded his request for a higher rate. In his letter dated 15th June 1950 he mentioned that since the appellant was unable to get the stone from within 26 chains and had to bring it from outside, he is entitled to get extra compensation. Under para 5 of the contract the appellant must be prepared to execute the work at original tender rate in excess of the given quantities of work upto 30 % and if he works in excess of 30% he is entitled to refuse the work if the rates are not increased.Since the appellant worked in excess of 30% he claimed a higher rate of payment for this extra work – Rs 48,840 due as balance together with interest by way of damages at 12% amounting to Rs 17,582 making a total of Rs 66,422. When this claim was rejected the appellant gave notice under Section 80 of the CPC and filed a suit for the above amount. The defendant-respondent resisted the suit due to 3 reasons – 1) No assurance was given to the appellant by officers of the PWD as alleged by them. ) Quantity of very hard shale rock shown by the appellant was false. 3) Under para 5 of the contract the appellant must be prepared to execute the work at original tender ra te in excess of the given quantities of work upto 30 % and if he works in excess of 30% he must intimate to Engineer-in-charge in writing his willingness or refusal to do extra work at original rates and if he refuses to carry on at the original rates he is required to settle fresh rates for increased work over 30% before doing the work.The appellant did no such thing but continued to work even after it went in excess of 30%. The trial court held issues 1, 2, 6 and 7 in favour of the appellant while issues 3, 4 and 5 were decided against him. As a result a decree for a sum of Rs 20,495 for extra lead plus Rs 1,653 for extra work done under the item very hard shale and Rs 4,155 interest by way of damages on Rs 22,158 making it a total of Rs 26,313 was passed with interest at 3 per cent per annum. The High court however reversed the decree for 2 reasons – ) Employment of the figure 26 chains was for no other purpose that that of calculation, it could not be held give any assura nce/guarantee to the contactors that they would get stone within the distance. 2) Plaintiff – appellant performed the work required of him without exercising his right under para 5 of the contract which gives him right to demand fresh rate in due of excess work done by him above 30 %. The appeal of the respondent was allowed and the suit dismissed. The case was taken for trial in the Supreme Court and the judgement is as given subsequently.Issues There were two main issues. 1) Whether the estimate of the PWD formed part of the contract so as to be binding on both parties and whether any assurance were given to the appellant that he would be given higher rates from bringing the stones from places situated at 79 chains and 110 Chains respectively. 2) Whether clause 5 of the special conditions of the contract was applicable to the extra item of work and whether he was entitled on the assurances given by the local officers to higher rate for the extra work done. Judgement ) a) In -none of the clauses of the tender notice or conditions of contract or in any other document was there any assurance that if stone was not available at the distance of 26 chains the appellant would ‘be paid higher rates. It was for the appellant to have satisfied himself before entering into the contract that the Cantonment authorities would permit him to take the stone. Since be commenced work after his request for higher rate was rejected, it could not be said that the appellant was in any way induced by any assurance. The Executive Engineer’s letter was only recommendatory and did not establish any right to obtain a higher rate. ) It could not be said that once stone was not available at a distance, of 26 chains, the contract was at an end and that because the appellant had done the work, he should be paid on the basis of quantum meruit. That remedy would be available only when the original contract had been discharged by the defendant in such a way as to entitle the plaintiff to regard himself as discharged from any further performance, and be elects to do so; but, where work is done under a contract persuant to its terms no amount can be claimed by way of quantum meruit. Adopi Parshad & Sons.Ltd. v. Union of India, [1960] 2 S. C. R. 793, followed. 2) The appellant could not succeed on second point also because under clause 12 of the contract Ext. B-1, the plaintiff was bound to perform additional work up to 30% on the same terms and conditions on which he undertook to do the work. The quantity of work that appellant performed was far in excess of what was mentioned in Ext. B-3. The Appellant therefore claimed payment for the work done by him in excess of the quantity mentioned in the contract plus 30% at the current rate as against the stipulated rates.Para 5 of the special instructions provides as follows: â€Å"Contractors must be prepared to do at their original tender rate in excess of the given quantities of work up to 30%. If an increa se in excess of 30% is ordered over the work, the contractor must intimate in advance his willingness or refusal to work at the originally tendered rates. In the latter case, he should also settle fresh rate for increases work over 30% before doing the work. Since there is no evidence nor it is claimed by the appellant that he had given any notice as required under Para 5 of the pecial instructions and since he did the work without fulfilling these requirements he is not entitled to claim any amounts at a higher rate for extra work done. Sections/Acts Sec 73 Indian Contract Act, 1872: Compensation for loss or damage caused by breach of contract. – When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likel y to result from the breach of it.Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach. Compensation for failure to discharge obligation resembling those created by contract – When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract. Explanation. In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused- by the non- performance of the contract must be taken into account Contract Claim on basis of Quantum Meruit The term â€Å"quantum meruit† means â€Å"as much as is merited† or â€Å"as much as earned†. It provides that where a person has done something or rendered some service for a nother, or delivered goods to him not intending to do so gratuitously, then he is entitled to recover a reasonable sum in case the contract has not been fully performed.Grounds for Claiming on the basis of quantum meruit: a. Work done in pursuance of a contract which has been discharged due to the defendant. b. Where services are rendered under an agreement which is discovered to be void. c. Where a person enjoys the benefit of a non-gratuitous act (Section 7). d. Where the contract is divisible and the party has enjoyed the benefit of the work done. Limitations: a. Where a contract requires complete performance. b. A person who is himself guilty of breach cannot sue on quantum meruit. . Any claim upon the basis of quantum meruit cannot be entertained unless there is evidence of an express or implied promise to pay for the work which has already been done. Others Cited Cases Alopi Parshad and Sons v. Union of India – This case was cited for the help to understand the present case for the interest as Damages or interest on damages. Case mentioned that the compensation on the principle of quantum meruit is awarded for work done or services rendered when the price thereof is not fixed by contract.It means when there is express term of an agreement the quantum meruit will not apply. As there is agreement and rates are fixed there cannot be any implied contract as express contract is present. Thus compensation quantum meruit cannot be awarded. Conclusion Quantum Meruit: The general rule is that unless one party has performed his obligation in full. He cannot claim performance from the other. However in certain cases, when one party has done some work under the contract and contract gets discharged due to some reason (not because of the party which has done some work).He is entitled to be paid for the work he has done. This is the principle of quantum meruit which means â€Å"as much as merited or earned† References: 1. Bansal, C L. (2006). Business an d Corporate Laws. New Delhi, India: Excel Books. 2. Puran Lal Sah vs State Of U. P. Retrieved from http://www. indiankanoon. org/doc/1394427/ 3. Section 73 in The Indian Contract Act, 1872. Retrieved from http://www. indiankanoon. org/doc/339747/ 4. M/S. Alopi Parshad & Sons, Ltd vs The Union Of India. Retrieved from http://www. indiankanoon. org/doc/1989300/

What Date Was The Website Created When Was It Last Modified

What date was the website created? When was it last modified or updated? The website was created in 2002 and was just recently updated in 2017. The article was created on June 5, 2014 and has not been modified yet. Is the site associated with a reputable institution like a museum, historical society, or university? The website I found is a nonprofit organization that is in Washington DC. Its main focuses are on the Manhattan Project and the Atomic Age. Its goal is to provide people with a more concrete understanding of things that happened in the past but also talking about issues of the 21st century. This nonprofit also works with â€Å"Congress, the Department of Energy, National Park Service, state and local governments, nonprofit†¦show more content†¦In the gallery under each picture it just says what the picture is of and on some of them it says the date the picture was taken but it does not say where the picture came from. For the text on the website after the author finished writing about the whole topic there is a list of historical resources that were used to write the article. The citation for where the resources were not in MLA format but if you Google it still brings you t o where the information came from. What sources did the website authors consult to make their claims? Where do they get their information? Are any sources cited? List those sources here. The author used information from books, articles, and a film. The article got information from these sources: †¢ An article written by Alex Wellerstein in August 2015 called â€Å"Were there alternatives to the atomic bombings.† This article talks about whether or not there were in alternative options to the bombings. †¢ Another article written by Alex Wellerstein in March 2013 called â€Å" Hiroshima and Nagasaki in color.† This article talks about what it would be like if the pictures from these bombings were in color. †¢ A book written by John Hersey called â€Å"Hiroshima† in 1989. The book was a journal that talks about what happened on the day of the bombing of Hiroshima. †¢ A book written by Fred J. Olivi called â€Å"Decision at Nagasaki: The Mission That Almost Failed† in 1999. 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Assisted Suicide by Physician for the Terminally Ill Moral or Not - Free Essay Example

Sample details Pages: 8 Words: 2283 Downloads: 3 Date added: 2019/06/24 Category Law Essay Level High school Tags: Assisted Suicide Essay Did you like this example? The notion of the right to assisted suicide is oftentimes a controversial topic surrounding the medical industry in the United States. One side of the spectrum will argue that assisted suicide is unjustifiable because by definition, death in itself is an inevitability, not a right. On the contrary, the other side of the spectrum claims that assisted suicide by aid of physician is an ethical right to a patients free exercise of autonomy. Don’t waste time! Our writers will create an original "Assisted Suicide by Physician for the Terminally Ill Moral or Not" essay for you Create order Therers a multitude of factors that play into the right to assisted suicide. My argument is that so long as the terminally patient within their own mind is psychologically stable and that all other potential life-saving measures have already been instilled, then it should lawfully be within someoners rights to take their own life by palliative, physician induced suicide. In terms is the United States, only eight states have legalized assisted suicide to some degree but within strict regulation. The issuing of a assisted suicide procedure within these states is still frowned upon and is only admitted for patients with a prognosis of six months or less to live. The problem with this is that being terminally ill is not only a physical battle of attrition but even more so a mental war within oneself no matter how long your prognosis is. In essence, pain and discomfort is not the sole reason for these patients wanting to take their lives. As Doctor Teresa Yao explains in her article Can We Limit a Right to Physician-Assisted Suicide?, the three most commonly answered reasons for seeking the assisted suicide procedure is because the patients have either loss their dignity, they have lost their own autonomy, or they feel like they simply cant do the things in life that made life enjoyable anymore. (Yao 5) The objective of the majority of these patients is t o relieve themselves of their lost sense of purpose. Why would we as a country only honor what these inevitably dead people have to say when the prognosis is six months or less? The physical pain seen visually to people oftentimes undermines the overall spiritual and mental anguish that these patients are going through. The sixth months to live laws are completely arbitrary. The sole reason these lawfully put in place is to appease the public side that opposes the notion all together. The argument that Doctor Yao is implying that United States as a whole was founded on the principle of autonomy. (Yao 6) What this means is essentially being prideful and living the life that you want to live. Why is it that once you become terminally ill but still have more than six months to live, you as an inevitably dead patient have lost your right to autonomy? We a nation preach the notion of autonomy in all aspects of life. Telling a terminally ill patient that they dont have the right to die peacefully at all or stipulating that a patient with a s ix month prognosis does completely undermines the principle all together. The reality of the United States is that the majority of the vocal public opposes physician assisted suicide all together and will only resiliently support the procedure in extreme circumstances such as disabilities or a six month prognosis. The right to die can and should be included in the right to receiving an assisted-suicide procedure no matter what the prognosis or if they are disabled. This in itself is contradictory and I happen to disagree with any form of opposition of the right to this procedure. The other side of the spectrum on this ideology will argue that a persons right to die should be rejected no matter what the circumstances because the notion of death in itself is an inevitability, not a right guaranteed to one as an individual. Doctor Sylvia Dianne in her article Euthanasia and assisted suicide; There is an alternative. dives into the argument of the world being universally opposed to the notion of assisted suicide and for logical reasoning as to why. The first ideology displayed by Doctor Dianne is that the majority of participants in Christianity, Judaism, Buddhism, and Hinduism are unanimously opposed to the motives for assisted suicide. Also, studies show that Atheists and Agnostics alike tend to question morality of the process due to the universally accepted belief about the sanctity of human life despite religiously charged influence. (Dianne 25) To these four religions, suffering is a form of overcoming, displaying resilience and ultimately bringing about th e best in people. Euthanasia is in essence, implying that suffering no longer has a meaning or purpose behind it. Some of the world greatest literature, art, and music has been brought into existence because of suffering. Christians oftentimes claim that it was the unjust suffering of Christ that ultimately allowed redemption for the everyday sinners on Earth. After arguing in respect to worldwide religions and cultures, Doctor Dianne researched the issue of assisted-suicide from the medical perspective. It turns out that from the very beginnings of medically involved times till now, the sanctioning of killing patients is and never will be acceptable. Also, euthanasia practices voluntary or not are in violation of historical codes birthed in medical ethics. (Dianne 30) The explanation behind this research is that the grand majority of medical professionals feel that the practice of voluntary assisted suicide is hypocritical and goes against exactly what it is the medical professiona l was trained to do. What the author is insinuating is that euthanasia needs to be an absolute last resort option and rather than jumping to the conclusion of termination so rapidly, Doctors need to exhaust every avenue of potential life saving treatment first so that questioning of physician assisted suicide is never brought into question in the first place. As a practicing Christian myself, I think that Doctor Dianne did a good job at arguing in favor of not only Christianity but also the three other most commonly practiced religions worldwide in Judaism, Buddhism, and Hinduism. When debating a topic that is correlated between science and religion I feel like this article remained fairly unbiased in that Doctor Sylvia was successful in bringing about the fact that both the medical industry and religions alike are opposed to physician assisted suicide in some way, shape, or form. It is definitely important to respect the morality and views of people when considering the topic of assisted suicide. Religions and people in general claim that human life has inherent value and that euthanasia isnt something that any medical professional wants to be responsible for. These are important variables to take into account but, I also feel that sometimes it is important to challenge such views when it comes to terminally ill patients. I personally do nt see euthanasia as a last resort option. I see it as a form of immediate relief which is something medical professionals are trained to do metaphorically speaking. I also greatly oppose the argument of suffering no longer having meaning. Enduring a life of hardships and perseverance is something that brings about the best in people. Lifestyle hardships are far fetched from someone on the verge of dying, potentially going through excruciating pain and suffering. There really needs to be a deviation between the two in the eyes of someone arguing in favor of their religiously innate ideas. I now want to revert back as to why physician assisted suicide is justifiable. Doctor Timothy Quill is actually a practicing medical professional himself and wrote his article Physicians Should Assist in Suicide When It Is Appropriate. In order to explain that in many cases, assisting suicide by a physician is actually ethically justifiable. Early on Doctor Quill claims that assisted suicide shouldnt be considered for a terminally ill patient until all aspects of excellent palliative medical care has been induced. (Quill 58) This correlates directly to the argument displayed by religiously activated Doctor Dianne in the previous article examined. After laying this foundation, Doctor Quill explains that legalization of physician assisted suicide will absolutely does not undermine improvements in palliative care and hospice. The idea for terminally ill patients having the option of the procedure is potentially a good safety blanket in that it brings the patients more tolerance and resi lience to suffering knowing that there is that option if need be. After being moderate on the idea, Doctor Quill then discusses the autonomy argument similar to that of Doctor Yao. Autotomy is essentially the greatest factor played into the seeking of euthanasia, and understandably so. He talks by personal experience witnessing terminally ill patients living a life of no dignity and pride while continuously piling on medical bills and from what he has seen itrs absolutely demoralizing to people and their families. (Quill 63) What Doctor Quill is insisting is that why let your family see you suffering and why be a financial burden when death is inevitable sooner than later? So long as the practices are not in secret and are repeatedly pronounced to the patient and family for a formal consent, then therers really no justification as to why this practice is harsh or immoral again, this is once all other avenues have been exhausted. This is unfortunately a harsh reality that some families have to experience when it comes to terminal illnesses however, there is much truth value behind what he is claiming. The practice of physician assisted suicide indeed needs to be a consensual procedure with the patient having the ultimate authority so long as they are mentally competent. I like how Doctor Quill discussed how demoralizing living with a terminal illness is. Where I somewhat disagree with him is when he relates to Doctor Dianne on stressing the importance of exhausting every potential life saving avenue. I would say once diagnosed as terminally ill it is crucial to let the patients and their families demonstrate their own choices and let them decide what they want to do. Even with assistance from insurance treatments can become a financial burden as well as a waste of resources for patients who arent terminally ill. The last article I researched by Doctor D. Etienne de Villiers was called May Christians Request Medically Assisted Suicide and Euthanasia? This article gives the perspective from an average American Christian as to why the practice is not ethical in accordance to the Bible and traditional American values in general. The general Christian belief system entails that the terminally ill are to live both morally and loyal to god until their death. This, as well has remaining prejudice against the termination of any human life for any reason. (Villiers 1) Another influential ideology as to why Christians are so hesitant when asked about assisted suicide even for the terminally ill is because the Bible promotes absolute prohibition. Doctor Villiers explains this by going on to discuss the Sixth Commandment Thou Shalt Not Kill. Although quite vague, the modern interpretation of the sixth commandment is to value human life as sacred. The journey of life for a Christian, even when terminally ill, is to essentially trust the sustained care and support of God no matter what the circumstances are. (Villiers 4) The main idea here is to put the illness in the hands of God and let it play out the way that it was intended too. In other words, a physician has no place telling a person when their time on Earth is up. It is Godrs will as to when your time comes. Generally what Doctor Villiers is establishing is that physician assisted suicide is considered blasphemy by the majority of Christianrs and that needs to be respected by the medical industry when cases are made in favor of the practice. I truly have mixed emotions on this article. Although I am a practicing Christian, I think itrs important to note that when someone is diagnosed as terminally ill it can be inferred God has already willed that death will take place for that very person. I feel as though this article was objective at trying to bring about an understanding from the religious perspective on the issue and I think that Doctor de Villiers stayed fairly neutral and within certain boundaries even though she showed religious biases in her argument structure. Biblically speaking, I can agree and understand the notion that the body is somewhat like a temple and is to be taken care of at all times. Where I come to disagree is at what point is the body worth trying to save anymore? If your soul truly is eternal and the body has wasted away to near death then maybe itrs time to surrender and let your soul move on. This article was backed with Biblical evidence however I feel much of this article was more speculati on rather than research. The source proved to be effective in further adding to the notion that we as nation need to appease all sides of the spectrum and witness who displays these antagonistic views and why. In conclusion, the research that I have performed for this paper has taught me that the majority of the world is unanimously opposed to the notion of physician assisted suicide for reasons tied to religion, ethics, and morality. These multitude of explanations cannot not be ignored and should always be considered when trying to promote such a procedure. Although the opposition create a solid counterargument, the benefits of physician assisted suicide at least to me, outweigh the negatives. For this very reason, my argument remains that so long as the terminally patient within their own mind is psychologically stable and that all other potential life-saving measures have already been instilled, then it should lawfully be within someoners rights to take their own life by palliative, physician induced suicide.

American Dreams The American Dream - 1068 Words

American Dream? American Dream: Noun, the ideals of freedom, equality, and opportunity traditionally held to be available to every American. That is the definition of the American dream according to Dictionary.com, but the American Dream is more than a definition, but a way of life for many. Millions of immigrants come to our country in search of this â€Å"American Dream† including my grandparents but more and more are disappointed. So does the American Dream exist? Has it ever existed or has it all been an illusion? When my grandparents came in the 70’s they came in search of the American dream. My grandfather had been working for a few years in the states, so one day my grandmother and my father, who was a baby at the time, came and settled in City Terrace. They worked their butts off at multiple jobs and sometimes jobs that were dangerous. My grandfather has the scars on his arms from the acid used in a factory, he worked at, his slipped disks in his spine from his fall at a shipyard. My grandmother has the pain and scars on her knees from her work in a fish packing warehouse and the resulting knee surgeries with the most recent being last year. My grandparents, despite their pain were able to achieve this American dream, raised three sons and now live in a house they own in Alhambra. Of course there are going to be struggles and setbacks in anyone’s quest for the American Dream and my grandparents were no exception. My uncle was killed in front of the house and that isShow MoreRelatedImmigrants And The American Dream1362 Words   |  6 PagesImmigrants and the American Dream In the article â€Å"The American Dream†, by James Truslow Adams in The Sundance Reader book, he stated that the American dream is that dream of a land in which life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement. It is a difficult dream for the European upper classes to interpret adequately, and too many of us ourselves have grown weary and mistrustful of it. It is not a dream of motor cars and highRead MoreThe American Dream By Kimberly Amadeo1637 Words   |  7 PagesNowadays, a large number of people migrate to the United States to work and achieve the American Dream. According to the Article â€Å"What is the American Dream?† by Kimberly Amadeo, â€Å"The American Dream was first publicly defined in 1931 by James Truslow Adams in Epic of America. 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John Wooden, an American basketball player and coach viewRead MoreShark Tank And The American Dream1755 Words   |  8 PagesShark Tank and The American Dream The TV show Shark tank embodies everything the American dream represents. The show obtains successful Entrepreneurs ready to invest their own money into other Americans wanting to be just like them, reaching the American dream and become a successful entrepreneur. The show presents entrepreneurs working towards the goal of creating a business to not only gain wealth but also change the way we live today. The show is to keep the American dream alive and well while

The Red Bandana free essay sample

There are many stories about brave firefighters and policemen who gave up their lives on that fall morning. They were prepared for the tragedy that was at hand. It was the average men that acted so bravely, were not trained to handle a catastrophe, that were the hero’s of that September morning. There is a story about a man who was in the south tower of the World Trade Center; he was neither a fireman nor a police man. He didn’t wake up thinking he would be in harms way, for him it was just another day. When the plane hit his tower he didn’t have to stay and help people. He could have done what most people did, get to a stair well and get out of the tower. However, he chose to stay, not because that was his job, but because there was something inside him that told him go and help anyone who was trapped. We will write a custom essay sample on The Red Bandana or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Many people were saved that day by a fireman or a police officer, but several people say they were saved by a man wearing a white T-shirt and a red bandana over his mouth and nose to keep smoke from filling his lungs. There are also countless other stories of average people performing extraordinary deeds. They are the true hero’s of that day. They reminded every American citizen that they to have the capacity in them to do a great and noble act, they simply have to be in the right place at the right time. The man in the red bandana that died that day was Welles Crowther, his body was found next to two firemen, and he was 24 years old. There are some people that, to most appear to be ordinary average American’s. However in times of great peril those few people become extraordinary heroes. There actions have inspired a Nation and given hope to the world.