Tag Archives: ACCEPTANCE

Education, Research Paper

Who Does This Body Belong To?

Remember the Magic Mirror from Snow White? The one who always answered in the affirmative that the Queen was the fairest of all in the whole world?

I feel this was specifically scripted for young little girls who are coming of age just so they could understand that each of them is the fairest (read: unique).

Whenever you look into the mirror what do you see? Is there anything about your appearance that you like? Is the anything you want to change, or maybe alter in some way? Is the number of things you want to change more than the number of things you like?

Most people see at least one aspect of themselves that they don’t like. Worrying about the body image has been rooted deep in our minds from a very young age. Constant media exposure of flawless human beings without an ounce of shortcomings has been fed to our minds since birth. Magazines are filled with articles on how to get a toned stomach or six-pack abs, those sharp cheekbones or, a sexy summer body. No wonder there is an increase in the number of people facing body image issues.

body1

Someone is slightly annoyed by a tiny birthmark above her left eyebrow. Someone spends all her time to exercise for leaner legs. Then there is almost every other girl not happy with her flabby stomach. Many-a-times people develop an obsession with a small body part that comes to rule their lives. These flaws intrude every waking moment of the people suffering from body dysmorphic disorder (BDD) which is a mental health disorder, characterized by a continuous obsession a body part. This is the cause of severe distress that interferes with their daily functioning and the worst part of it all is the flaw that is affecting the person so much may even be nonexistent or barely visible to others.

The issue is so deeply ingrained in the minds of people that they don’t even realize they are body shaming someone. A little remark here from your grandmother and a little poke there your brother could make all the difference. Even if at first you feel there is nothing wrong with your body, the frequent gibes and quips add up one day and you slowly give in to the cultural expectation that everybody is inherently flawed.

Then there comes a point when, if something cannot be changed, you simply accept it for what it is and stop wishing for something different before it consumes you wholly. This is your moment of acceptance.

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Even if you feel you are flawed in some way, be grateful that you are still breathing. Listen to the needs of your body; no one knows it better than you do. It is the home of your soul and it needs nourishment and nurturing. Rewire your brain to interrupt your negative thoughts. Most importantly, re-evaluate your self- worth. Meditation makes you more aware of your body and soul. A radical shift in self-worth can be experienced in a few days’ time.

People get so caught up in one small thing they don’t like about themselves. You need to remember that salt and baking powder go into a cake and those things taste funny alone but the cake turns out to be pretty delicious.

Image Courtesy: GOOGLE

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Research Paper, Social Studies

Can You Give Up?

“You can do it. Just a little more effort. You’re almost there. You’re the hero. I know you have it in you. You can’t give up.”

Well, here’s some newsflash for you. You can give up.

Be it movies, songs, books, everyone’s pushing the protagonist to do a thing which is clearly out of their scope. They may not have the physical or mental strength to do the thing but we still expect them to. It doesn’t matter whether you want to do that thing or whether it’s actually for a greater good. You just have to do it. You cannot give up. Because giving up is for losers. And the hero cannot be a loser, right? Or it’s the opposite? A loser cannot be a hero?

Shah Rukh Khan’s character from Rab Ne Bana Di Jodi was a scrawny guy who tried to fight with a samurai. Since they are selling their movie to you and it’s ‘the SRK’, obviously he’s going to win that fight. But think about this. You are up against some buffy wrestler let alone a professional sumo wrestler. Do you think you stand a teensy bit chance? You have your answer right there.

Provided this whole notion of not giving up works on some people, but it’s warping the minds of others. Most people cause some irreversible damage while not giving up. And more often than not, this damage is to them. I am not saying giving up is a good thing. But it’s not a bad thing either. Don’t you think, it would be nice to have an option of giving up, backing down from doing a particular thing when it is clearly out of our reach, and not be judged for it?

give up

Most of you might not know this but there is a Disney movie Moana whose scene would be apt in a situation like this. When Moana confesses she couldn’t defeat the villain, Te Fiti, her Grandma clearly says that it is not Moana’s fault. She states that the burden is too much for her granddaughter and that she would be with her even if Moana wants to go back home.

Moana did end up defeating Te Fiti in the end. But that wasn’t because someone pushed her to do that. Instead, she realized her power and strength on her own. This just shows that even if you don’t have enough strength to do something, you are not a loser. What matters is you gave your best. And there will be people who’re there for you, supporting you even when you get defeated in life because it’s not your fault. It was just too much burden.

Or a more relatable example would be Aamir Khan’s character in 3 Idiots who fought against all odds to study not because someone was pushing or cheering him but because he himself wanted to do that.

Having said all that, I’m not against actually working hard. But the focus remains on working hard because you yourself want to achieve something. What I’m saying is we should all try to find our inner voice and be happy with whatever outcome there is to our situations.

Research Paper, Social Studies

Falling Apart

Our life is never about the destination. Life is a beautiful journey with a lot of stops along the way. We feel if we know what to expect in our future, we will be ready for it. This imagery has become so much a part of our language that we don’t even stop to think about what it actually means for us.

When things don’t go our way, it feels like everything is falling apart. Despite having our bouts of feeling depressed we try to remain in a continual state of happiness. However, this is possible only if we accept the fact that everything is as good or bad as one’s opinion makes it.

Everyone is in a constant state of falling apart. How you deal with it is dictated by your outlook on life. You could, after all, try these few things.

  1. Never hide your emotions

Some people like to cry when they are overwhelmed. Tears are, in fact, a way for your body to get rid of those excess emotions, and if you hold these emotions too long they may corrode your insides. Talk to people – your loved ones, your friends. You will find that every one of them has something difficult going on in their lives.

  1. Be honest

Be true to yourself. If you cannot admit your problem to yourself, you can never openly talk about it which means you will never be able to take the first step towards solving that problem. So much pain mostly comes from not telling the truth. Lying is mostly the reason for things falling apart. After admitting the truth to yourself, make sure you always tell the truth to those around you. It may hurt for a second but eventually, things will fall back into place.

  1. Ask for help

The society inherently and subconsciously teaches us that asking for help is pathetic and a sign of weakness. This makes a person feel trapped and alone, inevitably hurting him and those around him. Accept the fact that everyone struggles at some point in the journey of their life. Instead of acting like it is not universal, start hailing vulnerability for what it actually is – a sign of strength, openness, and hope. Do not be afraid to ask for help.

  1. Have your cheat moments

Just like people have their cheat days from diets, have your cheat moments from the problems you are facing. Do not let your pain entirely rule every aspect of your life. Enjoy some trivial and jovial moments of life guilt-free.

  1. There will be days when you are not okay, and that is okay

The journey of life is a bumpy one. There will be days where the pain and reality of your situation will consume you. Allow yourself to feel helpful on such days. But never forget that tomorrow is a good day and the sun will eventually shine brightly again. When it seems like life is falling apart, it may actually be falling into a place better than expected.

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Law and Order

FORMATION OF A CONTRACT: SOME BASIC ESSENTIALS

By Kartik Sharma

PC: Rawpixel Ltd, Sodhi Law Group.

INTRODUCTION

The branch of law which binds two or more parties with a legal obligation to perform or not perform an act in place of consideration flowing from all the parties is ‘Law of Contract’.[1] In India, the Indian Contract Act, 1872 governs this branch of law.[2] It defines and explains different aspects of a contract, how an agreement becomes a legit contract, the consequences of a breach of contract, the performance of the consideration and remedies on the violation. Any transaction to be a legally binding contract needs to have three essential elements. Offer flowing from a party, its unqualified and absolute acceptance from the other party and intention to enter into a legally binding contract.[3] Section- 2, which is the interpretation clause of The Indian Contract Act, defines these aspects of a contract. [4] It explains what all things constitute a valid agreement which becomes a contract with the force of law. To better the understanding of the formation of a contract, in this article, the author will analyse a given fact scenario to understand the proper proposal and its acceptance.

FACTS

“‘A’ visits a small shop to buy a notebook and a pen. ‘B’ is the shopkeeper. ‘A’ enquires about the price of the pen and the notebook. ‘B’ states that the notebook costs Rs. 50 and the pen costs rupees Rs. 15. ‘A’ agrees to buy the notebook for Rs. 45 and the pen for Rs. 10.”

ISSUES

  1. Was ‘B’ by quoting the price of the notebook and the pen proposing an offer?
  2. If so, then, ‘A’ agreeing to purchase the items on a different price an acceptanc?

ANALYSIS

  1. Whether quoting the price of the notebook and pen constitutes a valid offer by ‘B’?

“When one person signifies to another his willingness to do or to abstain from doing anything, to obtain the assent of that other to such act or abstinence, he is said to make a proposal or an offer”.[5] As from the facts, it is clear that ‘A’ just enquired the price of the notebook and pen to which ‘B’, the shopkeeper, just quoted the price which does not show his willingness to sell the said items and “when a person proposes an offer it should be sufficient enough to form a contract as soon as it is accepted”.[6] In other words, one must put the offer in such a way that whenever the offeree accepts the offer, a legit contract is formed. In the present case, even if ‘A’ would have agreed to purchase on the said price, it would not have resulted in a valid contract because B’s quotation was merely an answer to an inquiry made by ‘A’. ‘B’ did not quote the price with the view to obtain the assent of ‘A’ and, also, as in the case Harvey v. Facey [7] when the plaintiff (Harvey) telegraphed the defendant (Facey) that will he be selling him ‘Bumper Hall Pen’ and asked Facey to communicate the lowest price, the court held that it was a mere inquiry made by Harvey. This inquiry was just to know whether Facey was willing to sell and, if so, at what price. The price, i.e. £900, quoted by Facey, was not an offer to sell the ‘Bumper Hall Pen’ it was just an answer to the question asked to him by the plaintiff. The same thing happened in the case at hand. It was a statement and not an offer.

  1. ‘A’ agreed to buy items at different price. Whether it is a valid offer? If not, then, what is it?

In the preceding paragraph, we saw how the quotation by ‘B’ is not an offer. Therefore, there cannot be any acceptance by ‘A’ on it. However, ‘A’ did agree to purchase the items at different pricing. This quotation made by ‘A’ can be considered as an offer. As now he quoted the price intending to purchase and get the assent of ‘B’ to make it a valid contract between the two. Section 2(b) of the Indian Contract Act defines acceptance.[8] As per the definition, ‘B’s approval will be a valid acceptance. Such turn of events is in pari materia with facts of the case Harvey v. Facey.[9] When Harvey agreed to buy at a different price, it deemed an offer, if Facey had accepted it, it would have been a valid contract.

CONCLUSION

“A valid offer must be addressed to one or more specific persons, be sufficiently definite, and indicate the offeror’s intention to be bound in case of acceptance.”[10] From the instant case scenario and analysis of the issues, it is evident that the quotations given by ‘B’ did not constitute an offer; instead, it was a mere statement. Whereas, ‘A’ clearly made an offer, which will, with the absolute and unqualified acceptance by ‘B’, become an agreement”.[11] Hence, the contract is yet not formed in the given case scenario. To conclude, for a valid offer, the offeror must portray the proposal in such a way that if the offeree accepts it, there arises a contract. He should make it in a way to get a yes or no response. However, if the offeree does not accept and quotes different price or puts conditions, then it will not amount to a valid acceptance. It will either be a counter-offer or an unqualified acceptance which is not correct as per the sections in the Act.

[1] J. Beatson, Anson’s law of contract, 1 (28th ed., 2002).

[2] The Indian Contract Act, 1872.

[3] Nilima Bhadbhade, Pollock & Mulla, the Indian contract and special relief act, Vol. 1 37 (14th ed., 2012).

[4] The Indian Contract Act, 1872.

[5] The Indian Contract Act, 1872, §2(a).

[6] Coffee Board Bangalore v. Janab Dada Haji Ibrahim Halari, AIR 1966 Mys 118.

[7] Harvey v. Facey [1893] AC 552.

[8] Indian Contract Act, 1872, §2(b).

[9] Harvey v. Facey, [1893] AC 552.

[10] Larry A. DiMatteo, Lucien Dhooge , et al, Formation: Offer & Acceptance Rules, International Sales Law: A Critical Analysis of CISG Jurisprudence, 51-75, https://doi.org/10.1017/CBO9780511511332 (Last visited on August 20, 2018).

[11] The Indian Contract Act, 1872, §7.