India And Pakistan Conflict Essays - IndiaPakistan Relations

India And Pakistan Conflict India's nuclear tests are a wake-up call to the world, and particularly to the nuclear weapons states. India's tests got the world's attention. The country that was really woken up by these tests was Pakistan. These tests have refueled the conflict between Pakistan and India. The two countries have fought three wars, two of them over the disputed region of Kashmir. The region is small, but nestled in the foothills of the Himalayas, its strategic importance and beauty make it a prized possession. Great Britain carved the Muslim state of Pakistan out of Indian territory. This is the primary source of there conflict. When the English did this they had to force some of the Hindus out of the Muslum Pakistan and likewise for Muslums in India. Political Issues

Wwi - Total War Essays - Economic Warfare, Politics, Free Essays

Wwi - Total War Essays - Economic Warfare, Politics, Free Essays Wwi - Total War By 1939 France and Great Britain had declared war on Germany. Germany had invaded Poland and was working towards European domination while on the other side of the globe Japan had launched a massive attack on China and Korea and was steadily moving over the Pacific in an attempt to gain complete control over Greater East Asia. Italy was attempting to conquer the Mediterranean and was, thus far, triumphant. All was being broadcast globally on the radio. This was becoming a war unlike any in the 20th century, even the First World War couldnt compare to this gruesome fight against fascism, communism and world domination. For the first time ever there was a war on nearly every continent and ocean as well as every head and heart. This essay will examine how the media, economic and militaristic mobilization as well as the ideological opinions contribute to the view of the world being engrossed in what has now been called the last noble war. This war characterized itself by the complete mobilization of man and his

ENG C291 Probabilistic Methods in Structural Engineering ( Curriculum Essay

ENG C291 Probabilistic Methods in Structural Engineering ( Curriculum BACHELOR OF ENGINEERING IN CIVIL) - Essay Example echniques for providing significant mathematical measures for designing reliable and secure structures, which are more oriented towards maintaining their elevation and integrity, without being distracted or disturbed by external/internal calamities. Structural engineering is sub-domain of engineering, which deals with the evaluation and analysis of large/small structural designs, offering self-sustenance, reliability, and load resistance features. As part of the civil engineering and architecture designing discipline; this particular subject carries a very deep association with the art of mathematical modeling, geometrical designing, proportion-based physical calculations, etc. As can be witnessed practically; the two common factors between all the structural samples are integrity and reliability, which are often achieved through precise mathematical and statistical calculations. In this regard, generally, the structures over which calculations or analysis is performed, are called structural systems (more technically, filtering systems). According to Augusti et al. (1984), these systems are roughly defined by three important aspects, which shape their overall integrity. These aspects include ‘input’ to the system q uantities acting over the system, system quantities which are pre-included part of any system, and ‘output’ quantities, which are resulted from a system. With these in hand, an engineer working on these structures (systems) can take necessary actions for analyzing structural properties, and set different regulatory parameters, for the sake of reliability and integrity assurance. For instance, a system (structure) can be considered, which has its foundations on a horizontal plane. This system is getting influenced by external horizontal and vertical forces on fixed and arbitrary upper ends, and is leaning slightly towards one end, which is decided by the vector product of both forces. Within this system, the horizontal and vertical forces can be

Professional organization Essay Example | Topics and Well Written Essays - 250 words

Professional organization - Essay Example ACN will be in equipping me with the necessary information that will enhance my capacity to advance my nursing education, research, and eventually my career. Importantly, participating in AACN’s activities will be essential in developing my capacity in providing quality care to my patients in an effective and efficient manner that promoted safety. AACN invites new members to participate in its program that matches new deans with mentors who have expertise in the field. Through participating in this program, my experienced mentor will help me achieve the objectives of learning the approaches to become conversant with my roles as a nurse leader and build my leadership skills in the nursing field. Besides, participating in these programs will be instrumental in capacity building of my leadership skills in finance. The Doctor of Nursing Program (DNP) is the future in nursing education and research. In this case, this program will move the advanced nursing practice from its current master’s level to the doctorate level. In line with this, I want to expand my practice in nursing and enroll in this program. In effect, AACN has been on the forefront in building capacity and developing this program in nursing. Hence, my membership with this organization will be of the essence since it has already established the necessary framework to guide its members to join DNP programs while its database will provide literature for nursing

Systemic family therapy(psychotherapy) TEAM Essay

Systemic family therapy(psychotherapy) TEAM - Essay Example Within the systems approach, there are three different ways problems are approached, namely, the strategic approach, the structural approach and the systemic approach. The strategic family therapist addresses problems in light of uncertain and inconsistent hierarchies within the family system (Watson n.d., p.381). He/she elicits "power and control issues, and directs change by means of family assignments or paradoxical injunctions" (Haley 1976, Madanes 1981, cited in Watson n.d., p.381). A structural family therapist looks into family structure, subsystems, and boundaries with an ideal family structure in mind and tries to reorganize the boundaries of families. The systemic approach has its origin in the work of the Milan therapy team inspired by Mara Selvini Palazzoli along with L.Boscolo, G. Cecchin and G. Prata (Wright & Watson 1991, p.407). Systemic therapy involves conceptualization of family problems from a systemic perspective, which plays an important role in the treatment pr ocess. Systemic therapists offer information and advice that liberate the family and enable them to solve their own problems. A systemic opinion is "offered by conceptualizing the presenting symptom as a solution to some other hypothetical or implied problem that would or could occur should the symptom not be present" (Tomm, cited in Wright & Watson 1991, p.427). This is called reframing. ... They offer different and contradicting views of reality, referred to as split opinions, which enable the family to be more open to change (Wright & Watson 1991, p.428). Therapists require the family to follow a pattern of behavior that is different from what it is used to. This is referred to as a ritual. Rituals help families to make new connections which in turn help them find new realities, leading to change and resolution of issues. The reflecting team In systemic family therapy, a reflecting team consisting of consultants or co-therapists from different fields helps the family in finding its own solution. The family is invited to sit behind a one-way mirror and observe the team's discussion on a previously held conversation between the family and the therapist. The team's voicing out aloud about the family's problems and possible solutions directs the family to consider alternate views of the family situation, problems and possible solutions. Andersen has suggested several assumptions and working guidelines for the reflecting team (cited in Jenkins 1996, p.1). A reflecting team follows the assumption that information needs to shared and not withheld, and based on this, the team can share its thoughts with the family during discussions. When there are multiple ideas discussed, there are different perceptions of reality, and the family's perception of its situation is also enriched on hearing these differences. Consequently, the family gets an opportunity to view its problems and possible solutions from alternate perspectives. These enriched pictures of the family and its dilemma form "an ecology of ideas" (Bogdan, cited in Jenkins 1996, p.1). Listening to the multitude of ideas and opinions of the reflecting team members helps the clients

Rights and Duties in a Letter of Credit Transaction

Rights and Duties in a Letter of Credit Transaction Introduction The letter of credit is the most commonly used method of payment for goods in international trade. This thesis highlights the imbalance of the rights and duties of the parties in a letter of credit transaction by emphasising deficiencies in the letters of credit system. In addition, on those areas where there is lack of justice and equity and which make the system of the letters of credit vulnerable for fraudulent activities. This thesis is structured in five chapters. First chapter after briefly discussing the structure of the letter of credit system, such as parties to the letter of credit transaction, kinds of letters of credit, step by step procedure of the transaction, different type of the documents used and the common defects in those documents, it also explains about the division of the risk under such a transaction and how the applicant’s risk has increased under UCP and very often the buyer is paying for the goods he had not contracted for. Second chapter after brief discussion of the drafting and interpretation of the UCP, explains about the reluctance of the courts to intervene in order to balance the rights and duties of the parties in a letter of credit transaction, status of the UCP, scope of the banks duties and in addition the disclaimer clauses under UCP. Chapter three explores the autonomy of the letters of credit, the doctrine of strict compliance and the ways in which the courts deal with documentary compliance. It further considers that overprotection of the â€Å"independence principle†, and the lack of â€Å"reasonable care† on the part of banks provides opportunities of fraud to the sellers to obtain payment without actually performing their duties to banks and buyers. Chapter four explains â€Å"fraud exception† to the autonomy principle in detail, the position of the fraud exception in England and the history of the English cases relating to the fraud. In addition it also examines the reasons for such an enormous increase in the number of cases relating to fraud. Finally, chapter five considers some of those methods, which can be used to avoid such an increase in fraud cases and also provides few suggestions to balance the rights and duties amongst all the parties to the letter of credit transaction. Chapter 1 Structure of a Letter of Credit Transaction Commercial letters of credit have been used for the centuries as a most common method of payment, in international trade. Letters of credit used in international transactions are governed by the International Chamber of Commerce Uniform Customs and Practice for Documentary Credits (UCP). A commercial letter of credit is a contractual agreement between a bank (issuing bank), on behalf of one of its customers (buyer), authorizing another bank (advising or confirming bank), to make payment to the beneficiary (seller). The issuing bank, on the application of its customer (buyer), opens the letter of credit, and makes a commitment with the buyer to honour the credit, if the documents presented by the beneficiary are conforming to the terms and conditions of the credit. Thus, the issuing replaces the customer to make payment to the seller. Elements of a Letter of Credit An undertaking given by issuing bank to make payment Issuing bank gives undertaking on behalf of a applicant To pay a given amount of money to the seller On presentation of required documents under the letter of credit Within a specified time as provided by the letter of credit Documents must be in compliance to the terms and conditions of the letter of credit Documents must be presented at a specified place provided by the letter of credit Beneficiary Beneficiary is normally the provider of the goods or services and is entitled to payment as long as he can provide the conforming documents required by the letter of credit. The letter of credit is a distinct and separate transaction from the underlying contract (contract between seller and buyer). All parties deal in documents and not in goods. The issuing bank is not liable for the performance of the underlying contract between the buyer and seller. The issuing banks obligation to the buyer-applicant is to examine all documents to insure that they are in compliance with the terms and conditions of the credit. To get the payment it is for the beneficiary to provide all the required documents. If the seller-beneficiary conforms to the letter of credit, the seller must be paid by the bank. Issuing Bank Letters of credit only concerns with the documents, not with the goods, therefore the duty of issuing bank to pay to the beneficiary and than to be reimbursed from its customer will only be completed upon the completion of the terms and conditions of the letter of credit. Under the provisions of the Uniform Customs and Practice for Documentary Credits, the bank is entitled to have a reasonable time after receipt of the documents from the beneficiary, to examine the documents and then to make the payment. The issuing bank provides a guarantee to the seller that if the documents presented by the beneficiary are in compliance with the terms and conditions of the credit, then the bank will make the payment to the seller. Generally the documents presented include a commercial invoice, bill of lading or airway bill and an insurance document etc. Advising Bank An advising bank is usually a foreign correspondent bank of the issuing bank which advises the seller-beneficiary. Generally, the beneficiary wants to use a local bank to insure that the letter of credit is valid. In addition, the advising bank is responsible for sending the documents to the issuing bank. The advising bank has no other obligation under the letter of credit. Therefore, if the issuing bank does not pay the beneficiary, the advising bank is not obligated to pay. Confirming Bank At the request of the issuing bank, the correspondent bank may confirm the letter of credit for the seller-beneficiary and obligates itself to insure payment under the letter of credit. The confirming bank is usually the advising bank. There are two main types of Letters of credit: (1) Revocable (2) Irrevocable Revocable Letter of Credit Revocable letter of credit is not a commonly used type of the letters of credit. This type of letter of credit can be revoked by the issuing bank at any time, without notification to the beneficiary, for any reason. Such type of letter of credit can not be confirmed by the correspondent bank and the bank will act as an advising bank only. A revocable letter of credit can not be revoked after the presentation of the documents, if the documents are conforming to the terms and conditions of the letter of credit and the payment has been made. Irrevocable Letter of Credit Use of irrevocable letters of credit is very common in international trade. Irrevocable letter of credit can not be revoked or changed without the consent of the beneficiary. Issuing bank will make the payment to the seller, if the seller presents the documents complying with the terms of the credit, as agreed between seller and buyer. Such a letter of credit can only be changed with the permission of both buyer and seller. If it is not clear from the letter of credit that whether it is revocable or irrevocable, it automatically considers as irrevocable. Irrevocable letters of credit are of two kinds: Unconfirmed credit In case of unconfirmed letter of credit, advising bank does not confirm the credit to the seller and the issuing bank is the only party responsible for payment to the beneficiary. Advising bank will only pay to the seller after getting payment from the issuing bank and there is no risk for the advising bank. Confirmed credit In this type of credit, advising bank confirms credit to the seller. When the advising bank confirms that the documents presented are conforming to the terms of the credit, it will make the payment to the seller, and after that advising bank will contact with the issuing bank to get the payment. This type of letter of credit is commonly used, when the seller is unfamiliar with the issuing bank. Such a type of letter of credit is quite expensive because the banks have some liability. Step-by-step process In international trade as the buyer and seller are in different countries so when the buyer and the seller of the goods agree to conduct business, than because of the gap of time between delivery of goods and the payment, usually the seller wants a letter of credit as a guarantee of payment from the buyer. Than the buyer makes a request to his bank called the issuing to open a credit in the favour of the seller. at the request of the buyer, issuing bank issues a letter of credit in favour of the seller and forwards it to the corresponding bank called the advising or conforming bank., which is usually located in the seller’s country. Advising bank than either confirms the credit or not, depending upon the type of credit, and forward it to the seller. Seller than ships the goods and collects the documents required in order to meet the requirements of the letter of credit and finally to get the payment in time. Seller presents the required documents to the advising or confirming bank in order to get the payment in time. Advising or confirming bank examines the documents presented by the seller to check that whether they are conforming to the terms and conditions of the letter of credit. If the documents are in compliance, advising or confirming bank, in case of confirmed letter of credit, will make payment to the seller and will be reimbursed from the issuing bank and in case of unconfirmed letter of credit, advising or confirming bank will forward the documents to the issuing bank. Than the Issuing bank will, after examine of the documents, debit the buyers account if the documents are in compliance to the terms of the letter of credit. In the end, Issuing bank forwards the documents to the buyer. Most commonly used documents in a letter of credit transaction include: Commercial Invoice This includes description of the goods, their price, FOB origin, and name and address of the buyer and the seller. The buyer and seller information must be in compliance with the description provided in the letter of credit. Bill of Lading It is a document which shows the receipt of goods for shipment by a freight carrier. It is an evidence of the control of the goods and also acts as an evidence of the carriers obligation to transport the goods to their proper destination. Warranty of Title A warranty given by a seller to a buyer of goods that states that the title being conveyed is good. It is generally issued to the purchaser. Letter of Indemnity It is a letter specifically indemnifies the purchaser against a certain stated circumstance. Indemnification is generally used to guarantee that shipping documents will be provided in good order when available. Common Defects in the documents presented A discrepancy is some defect in the documents presented by the seller, which show their non-compliance with the terms of the letter of credit. Issuing bank can not change the terms and conditions of the letter of credit with out t he permission of the buyer. Therefore to avoid any delay in getting payment. Beneficiary should be careful in preparing the required documents. Common defects in the documents presented by the seller include: If the description of the goods is not consistent. There is some error in the insurance documents. If the draft amount is not equal to invoice amount. Loading and destination ports are not same as provided by the letter of credit. Merchandise description is not same as in the credit. If any of the documents required by the credit is not presented. Documents are generally inconsistent such as quality, etc. If the names of the documents required are not correct, as mentioned in the credit. Invoice is not signed as provided in the letter of credit. If prior to the presentation of the draft, Letter of Credit has expired. If the date mention in the bill of lading is different from the date stated in the credit. If there are some changes in the invoice which are not authorized by the letter of credit. In international sales, as the seller and the buyer are in different countries, there is a common problem of payment due to the difference of time between dispatch and delivery. Obviously, seller would like to receive payment for the goods when delivering them to the carrier and the buyer would prefer to delay the payment of the price until receipt of the goods. Therefore, a letter of credit solves this problem between the seller and the buyer. Generally, there are three separate transactions in a letter of credit transaction. The first is between a seller and a buyer, called an underlying transaction, by which the seller provides contracted goods to the buyer. The second transaction is between the buyer-applicant and the bank (issuer of the letter of credit), in which the bank issues a letter of credit to the seller-beneficiary. Finally, the letter of credit itself creates a relationship between the issuer and the beneficiary, in which, the issuer makes payment for goods upon the beneficiary’s presentation of the required documents, in accordance with the terms and conditions of the letter of credit as agreed between seller and buyer. The bank’s performance of payment is conditional on the delivery of conforming documents by the beneficiary. The banks are called issuers and are usually the applicant’s bank. Normally the issuing bank opens a letter of credit in its own name and requests its correspondent bank to notify the seller about the letter of credit. Sometimes, the issuing bank asks the correspondent bank not only to inform the seller of the issuing bank’s undertaking but also to add a confirmation. In this case, the credit is known as a confirmed credit and the correspondent bank as a confirming bank. The payment obligation of the issuing bank depends upon the beneficiary’s presentation of complying documents to the confirming bank or to any other nominated bank, in accordance with the terms and conditions of the credit. Under general practice, presenting â€Å"complying documents† means that they comply with the conditions of the credit â€Å"on their face†. From banking point of view, compliance â€Å"on their face† of the presented documents is sufficient. The â€Å"independence principle† (which will be discussed later) is the fundamental principle of the letter of credit system, which prohibits banks from looking beyond facial compliance of the documents, and therefore exclude whether or not there is actual performance by the seller-beneficiary. In fact, letters of credit system has emphasised the independence principle to such an extent that banks are ignoring the performance of the underlying contract very confidently. As a result, all the risk is on the honest buyers, who are sometime paying for goods that they had not contracted for. Importance of the research The primary purpose of the letter of credit system is to facilitate international trade, rather than to provide an opportunity to the banks to make profit. As the fraud is very common in these days, but UCP is not designed to prevent fraud. The number of frauds relating to the letters of credit has increased over the years. Buyers are particularly vulnerable to such practices under the letter of credit system. This situation shows that there is some ambiguity in the letter of credit system and a lack of balance between the rights and duties of the parties to a letter of credit transaction, which is being exploited very easily by fraudsters. Division of risk under a Letter of Credit Transaction As we have discussed above, a letter of credit transaction consists of three linked but independent contracts. The first step is that the buyer makes a contract with the seller for the sale of goods, called the underlying contract. Subsequently the buyer signs an application form requesting the bank to open a credit, which is an arrangement between the buyer and the bank. The third step is that the issuing bank informs the seller, who is the beneficiary of the letter of credit, of the credit and promises to pay against the stipulated documents provided the terms and conditions of the credit are met. The letter of credit allocates risk between the applicant and the beneficiary. By postulating a letter of credit, the beneficiary may greatly reduce the risk of not being paid and ultimately allowing the beneficiary of the letter to reallocate the risk of non-payment for delivered goods which do not conform to the underlying sale contract. Generally, banks are reluctant to dishonour a credit, since to do so may damage the bank’s reputation as a credit issuer. The cost of honour, however, falls on the honest applicant, not the bank. â€Å"If the beneficiary has breached the underlying transaction, payment under the credit to him will occasion loss, but that loss will not be the bank’s; it will be the applicant’s.† Increase in the applicant’s risk and decrease in the bank’s risk under UCP UCP is the governing law of the letters of credit, therefore there should be a balance regarding the rights and duties of the parties, but UCP contains rules that reduce bank risk. There is no provision asking for judicial intervention to compensate letter of credit parties in case of bank’s negligence. The provisions in favour of banks fall into two categories. The first provides sweeping immunity from liabilities that national legal systems may impose. Example of such a disclaimer is Article 15. Under Article 15, banks assume no liability for the genuineness, falsification or legal effect of any documents and therefore the issuer is immune from the liability for paying against forged documents, which on their face appear regular. Therefore, the payment by the issuing bank does not show that the buyer has received the goods, which he had contracted for. The security, which the beneficiary is getting under the letter of credit system is not the same with the security of the buyer. The second category of pro-bank provisions contains rules that set precise boundaries on what the banks must do, which reduces uncertainty about bank responsibility and provides clear guidance to bank employees. For example, the customer cannot stipulate non-documentary conditions of payment, and time limits on examination of documents are fixed rather than open-ended. In case of any loss, the buyer, which is the applicant for a credit, can take action against the seller for breach of contract or fraud, but has no right of action against the bank for bank’s negligence in examining the documents, which can be ineffectual for several reasons, such as insolvency of either the applicant or the beneficiary. Hence the burden of risk on the applicant is more than any party in a letter of credit transaction and in most of the cases, buyers are paying for the goods, they have not contracted for. Chapter 2 UCP and letters of credit Originally UCP has been drafted by the Banking Commission of the ICC, which was comprised of the representatives of the banking community, which shows the dominance of the banks and banking experts. Their dominance in UCP drafting, hints that in drafting UCP, ICC was acting as a private legislature. It looks that the rules contain in the UCP are much beneficial for the banks than any other party, and giving a limited chance to the judiciaries to interfere to protect customers from any careless behaviour of the banks. The authority to interpret the UCP rests in the ICC Commission on Banking Technique and Practice, which can apply these interpretations to solve the problems arising in any case. Because of wide publicity and distribution of commission’s answers, their interpretation can be considered as an official interpretation of the UCP. Commission can enhance, interpreting, and sometimes amend the provisions of the UCP. The banks which deal with the letters of credit, act upon these interpretations and any amendments. As in theory, commission is only answerable to ICC members, therefore the chances of any challenge to such interpretation is very low. Role of courts in balancing the rights and duties of the parties In Discount Records Ltd. v. Barclay Bank Ltd., the judge was reluctant to â€Å"interfere with bankers’ irrevocable credit and not least in the sphere of international banking†. The position is same in many other cases. The apparent reason for the reluctance of the judges to interfere looks that they are afraid from the threats of the banking experts that their decisions would have an unfavourable affect on international trade. The difficulties of the courts to balance the rights and duties of all parties to a letter of credit transaction have increased. In Mannesman Handel AG v. Kaunlaran Shipping Corporation, the Swiss bank argued that the bank was in rejecting the documents by the German company relying on the independence principle and the discrepancies appeared on the documents. The court was asked not to apply the good faith principle otherwise the court â€Å"would be calculated to undermine if not destroy the doctrine of strict compliance and to blur if not extinguish the distinction between transactions concerning goods and transactions concerning documents.† Normally the judicial decisions relating to the legal aspects of documentary credits base on either the express intentions of the parties or established business practice at the time, the parties entered in a contractual relationship. In cases where the UCP provisions are different from business practice, a court will apply the UCP if the UCP is incorporated in the contract of the parties. It shows that courts have assented to the entire documentary credit system being run by the banking industry and eventually abstaining the courts to intervene to balance the legal rights and duties amongst all the parties. Should the UCP have the status of law? Leading scholar Professor Ross Buckley says: â€Å"originally, the UCP was neither designed nor intended to be law. It was prepared as a set of standard terms to be incorporated by reference into letters of credit by those parties who chose to do so.† This has also been confirmed by the UCP in the preface of UCP 500, which states that the UCP is not legislation but a compilation of rules made by bankers for their own industry. Therefore there is a dispute as to whether the UCP is a code of the law, or just customary practices, or some mutually consented regulations relating to letters of credit. However in fact, UCP is the governing law of the letters of credit. The Scope of the Banks Duties Before analysing the wording of the disclaimers used, the scope of the duties undertaken by the banks involved must be identified. Whereas the type of credit and the documentary stipulations therein will usually have been negotiated by the commercial parties and included in their sales contract, the terms and conditions under which a bank undertakes to open a documentary credit will normally appear in the banks standard application form which the importer will be required to complete. Although the application would normally refer to the UCP, it is important to note that the provisions of the UCP would not automatically apply in English law if not expressly incorporated by the parties to the credit and, even if expressly incorporated, its provisions can be excluded, or modified by the express terms of the credit. The duty to issue an efficacious credit The importers failure to procure the issue of a documentary credit which conforms to the terms of the sales contract may be treated by the exporter as a breach of a condition precedent to his performance and a repudiation of the contract by the importer. Whether the applicant can sue the issuing bank in respect of its culpable failure to issue (or to issue in good time) a conforming and efficacious credit is, however, by no means clear. The duty to issue a conforming credit An initial problem arises where the applicant requires the issue of a confirmed credit, that is, a credit in which a second bank, normally in the beneficiarys country, adds its own independent undertaking, to pay against the stipulated documents, to that of the issuing bank. Is the issuing bank in breach of contract towards the applicant if it is unable to procure the confirmation? The answer must depend upon the issuers conduct on receiving the application from the applicant. The second aspect of the duty to issue a conforming credit raises the question of liability for the acts of other banks involved in the transaction. Clearly, if the issuing bank opens a credit which specifies documentation other than that called for by the applicant, then in the absence of a disclaimer it will be in breach of its contract with the applicant under the doctrine of strict compliance. The position should be the same where the issuing bank unreasonably delays issue of the credit so that the beneficiary incurs loss. A difficulty arises, however, when it is not the issuing bank itself which causes the error or delay in complying with the applicants instructions, but the issuers correspondent bank. The doctrine of privity of contract would appear to prevent contractual liability arising in this context. However, in any event, it appears that there is no reason for holding that, in the absence of a disclaimer; an issuing bank should not be liable for the consequences of errors by its correspondents. Duty to receive and examine documents The doctrine of strict compliance means that issuing banks which pay against non-conforming documents are in breach of their contractual obligations to the applicant. The issuer is not, however, a guarantor of the documents conformity; its duty is discharged by the exercise of reasonable care to ascertain that the documents comply on their face with the terms of the credit. Duty to make payment under the terms of the credit The party with the primary interest in enforcing the banks obligation to pay against conforming documents is the beneficiary although it is clear that this obligation is also owed to the applicant. Furthermore, any variation of the payment terms would be a clear breach of contract. Duties of correspondent banks In so far as the confirming bank gives an undertaking in exactly the same terms as the issuing bank, it clearly owes precisely the same duties to the beneficiary. However, since a confirming bank looks to the issuing bank alone for reimbursement, it may be prima facie unlikely that it owes any duty to the applicant, even where the applicant is paying the confirmation fee. There are, however, some judicial dicta which might support the recognition of such a duty. Bank’s risk under UCP (exemption clauses) Article 15 and 18 (b) of the UCP 500, limits the liability of the banks in a letter of credit transaction and which have almost made it a risk free transaction for the banks. Article 15 says: â€Å"Banks assume no liability to or responsibility for the form, sufficiency, accuracy, genuineness, falsification or legal effect of any document(s) or for the general and/or particular conditions stipulated in the document(s) or superimposed thereon, nor do they assume any liability or responsibility for the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods represented by any document(s) or for the good-faith or acts and/or omissions, solvency, performance or standing of the consignors, the carriers, the forwarders, the consignee or the insurers of the goods or any other person whomsoever.† Article 18(b) further states: â€Å"Banks assume no liability or responsibility should the instructions they submit not be carried out, even if they have themselves taken the initiative in the choice of such other bank(s).† The UCP 500 places the applicant-buyer in an absurdly vulnerable position through its disclaimer clauses. To some extent there is a lack of duties on the part of the bank to verify the authenticity of the documents. Hence it might not be wrong to say that albeit there is a waste increase in the use of letters of credit, does not signify that the UCP is fairly drafted. Letters of credit and its users It is also very important that whether all the parties to the letter of credit, particularly applicant-buyer are conscious about the presence of these exemptions, e.g. by providing a copy of these exemption clauses of the UCP or by giving a notice of these exemption clauses. It is a rule that to enforce an exemption clause, a reasonable notice should be given to the other party but in practice, buyers are assume to have the notice of the UCP and that they are familiar with the provisions of the UCP. Further, the application for the issuance of a letter of credit and the letter of credit document itself only contain a simple sentence: â€Å"Subject to UCP for Documentary Credits†, without any attachment of the provisions of the UCP or any notice of such exemption clauses. Hence it is debatable that why the courts do not look, while dealing with the cases relating to the letters of credit, that whether a reasonable notice has been given relating to the exemption clauses and do not interfere to balance the rights and duties of the parties to a letter of credit transaction? Chapter 3 Doctrine of strict compliance and independence principle It is a basic rule of the letter of the credit transaction and which is widely recognised that the letters of credit are transactions independent of the underlying contracts on which they are based. According to this principle, the issuer has no concern with the underlying contracts between buyer and seller. Its concern is with documents only, rather than the goods or any type of services. Obviously there are some doubts about this principle, i.e. to what extent this principle should be applied. Which some tome may cause injustice to the applicant under certain circumstances. Independence Principle Generally, letter of credit is a contract between the issuer and the seller of the goods, which is independent of the underlying contract between the seller and the buyer. The independence principle is mentioned in Article 3 and Article 4 of the UCP. Article 3 states: â€Å"Credits, by their nature, are separated transactions from the sales or other contract(s), even if any reference whatsoever to such contract(s) is included in the Credit.† Article 4 further says: â€Å"In credit operations all parties concerned deal with documents and not with goods, services and/or other performances to which the documents may relate.† From the very beginning independence principle governs letter of credit transactions and very clearly states that the credits are completely separate from their underlying transactions and the issuer makes payment depending on the conformity of the documents presented according to the terms and conditions of the credit without considering the performance of the underlying contract by the beneficiary. Rights and Duties in a Letter of Credit Transaction Rights and Duties in a Letter of Credit Transaction Introduction The letter of credit is the most commonly used method of payment for goods in international trade. This thesis highlights the imbalance of the rights and duties of the parties in a letter of credit transaction by emphasising deficiencies in the letters of credit system. In addition, on those areas where there is lack of justice and equity and which make the system of the letters of credit vulnerable for fraudulent activities. This thesis is structured in five chapters. First chapter after briefly discussing the structure of the letter of credit system, such as parties to the letter of credit transaction, kinds of letters of credit, step by step procedure of the transaction, different type of the documents used and the common defects in those documents, it also explains about the division of the risk under such a transaction and how the applicant’s risk has increased under UCP and very often the buyer is paying for the goods he had not contracted for. Second chapter after brief discussion of the drafting and interpretation of the UCP, explains about the reluctance of the courts to intervene in order to balance the rights and duties of the parties in a letter of credit transaction, status of the UCP, scope of the banks duties and in addition the disclaimer clauses under UCP. Chapter three explores the autonomy of the letters of credit, the doctrine of strict compliance and the ways in which the courts deal with documentary compliance. It further considers that overprotection of the â€Å"independence principle†, and the lack of â€Å"reasonable care† on the part of banks provides opportunities of fraud to the sellers to obtain payment without actually performing their duties to banks and buyers. Chapter four explains â€Å"fraud exception† to the autonomy principle in detail, the position of the fraud exception in England and the history of the English cases relating to the fraud. In addition it also examines the reasons for such an enormous increase in the number of cases relating to fraud. Finally, chapter five considers some of those methods, which can be used to avoid such an increase in fraud cases and also provides few suggestions to balance the rights and duties amongst all the parties to the letter of credit transaction. Chapter 1 Structure of a Letter of Credit Transaction Commercial letters of credit have been used for the centuries as a most common method of payment, in international trade. Letters of credit used in international transactions are governed by the International Chamber of Commerce Uniform Customs and Practice for Documentary Credits (UCP). A commercial letter of credit is a contractual agreement between a bank (issuing bank), on behalf of one of its customers (buyer), authorizing another bank (advising or confirming bank), to make payment to the beneficiary (seller). The issuing bank, on the application of its customer (buyer), opens the letter of credit, and makes a commitment with the buyer to honour the credit, if the documents presented by the beneficiary are conforming to the terms and conditions of the credit. Thus, the issuing replaces the customer to make payment to the seller. Elements of a Letter of Credit An undertaking given by issuing bank to make payment Issuing bank gives undertaking on behalf of a applicant To pay a given amount of money to the seller On presentation of required documents under the letter of credit Within a specified time as provided by the letter of credit Documents must be in compliance to the terms and conditions of the letter of credit Documents must be presented at a specified place provided by the letter of credit Beneficiary Beneficiary is normally the provider of the goods or services and is entitled to payment as long as he can provide the conforming documents required by the letter of credit. The letter of credit is a distinct and separate transaction from the underlying contract (contract between seller and buyer). All parties deal in documents and not in goods. The issuing bank is not liable for the performance of the underlying contract between the buyer and seller. The issuing banks obligation to the buyer-applicant is to examine all documents to insure that they are in compliance with the terms and conditions of the credit. To get the payment it is for the beneficiary to provide all the required documents. If the seller-beneficiary conforms to the letter of credit, the seller must be paid by the bank. Issuing Bank Letters of credit only concerns with the documents, not with the goods, therefore the duty of issuing bank to pay to the beneficiary and than to be reimbursed from its customer will only be completed upon the completion of the terms and conditions of the letter of credit. Under the provisions of the Uniform Customs and Practice for Documentary Credits, the bank is entitled to have a reasonable time after receipt of the documents from the beneficiary, to examine the documents and then to make the payment. The issuing bank provides a guarantee to the seller that if the documents presented by the beneficiary are in compliance with the terms and conditions of the credit, then the bank will make the payment to the seller. Generally the documents presented include a commercial invoice, bill of lading or airway bill and an insurance document etc. Advising Bank An advising bank is usually a foreign correspondent bank of the issuing bank which advises the seller-beneficiary. Generally, the beneficiary wants to use a local bank to insure that the letter of credit is valid. In addition, the advising bank is responsible for sending the documents to the issuing bank. The advising bank has no other obligation under the letter of credit. Therefore, if the issuing bank does not pay the beneficiary, the advising bank is not obligated to pay. Confirming Bank At the request of the issuing bank, the correspondent bank may confirm the letter of credit for the seller-beneficiary and obligates itself to insure payment under the letter of credit. The confirming bank is usually the advising bank. There are two main types of Letters of credit: (1) Revocable (2) Irrevocable Revocable Letter of Credit Revocable letter of credit is not a commonly used type of the letters of credit. This type of letter of credit can be revoked by the issuing bank at any time, without notification to the beneficiary, for any reason. Such type of letter of credit can not be confirmed by the correspondent bank and the bank will act as an advising bank only. A revocable letter of credit can not be revoked after the presentation of the documents, if the documents are conforming to the terms and conditions of the letter of credit and the payment has been made. Irrevocable Letter of Credit Use of irrevocable letters of credit is very common in international trade. Irrevocable letter of credit can not be revoked or changed without the consent of the beneficiary. Issuing bank will make the payment to the seller, if the seller presents the documents complying with the terms of the credit, as agreed between seller and buyer. Such a letter of credit can only be changed with the permission of both buyer and seller. If it is not clear from the letter of credit that whether it is revocable or irrevocable, it automatically considers as irrevocable. Irrevocable letters of credit are of two kinds: Unconfirmed credit In case of unconfirmed letter of credit, advising bank does not confirm the credit to the seller and the issuing bank is the only party responsible for payment to the beneficiary. Advising bank will only pay to the seller after getting payment from the issuing bank and there is no risk for the advising bank. Confirmed credit In this type of credit, advising bank confirms credit to the seller. When the advising bank confirms that the documents presented are conforming to the terms of the credit, it will make the payment to the seller, and after that advising bank will contact with the issuing bank to get the payment. This type of letter of credit is commonly used, when the seller is unfamiliar with the issuing bank. Such a type of letter of credit is quite expensive because the banks have some liability. Step-by-step process In international trade as the buyer and seller are in different countries so when the buyer and the seller of the goods agree to conduct business, than because of the gap of time between delivery of goods and the payment, usually the seller wants a letter of credit as a guarantee of payment from the buyer. Than the buyer makes a request to his bank called the issuing to open a credit in the favour of the seller. at the request of the buyer, issuing bank issues a letter of credit in favour of the seller and forwards it to the corresponding bank called the advising or conforming bank., which is usually located in the seller’s country. Advising bank than either confirms the credit or not, depending upon the type of credit, and forward it to the seller. Seller than ships the goods and collects the documents required in order to meet the requirements of the letter of credit and finally to get the payment in time. Seller presents the required documents to the advising or confirming bank in order to get the payment in time. Advising or confirming bank examines the documents presented by the seller to check that whether they are conforming to the terms and conditions of the letter of credit. If the documents are in compliance, advising or confirming bank, in case of confirmed letter of credit, will make payment to the seller and will be reimbursed from the issuing bank and in case of unconfirmed letter of credit, advising or confirming bank will forward the documents to the issuing bank. Than the Issuing bank will, after examine of the documents, debit the buyers account if the documents are in compliance to the terms of the letter of credit. In the end, Issuing bank forwards the documents to the buyer. Most commonly used documents in a letter of credit transaction include: Commercial Invoice This includes description of the goods, their price, FOB origin, and name and address of the buyer and the seller. The buyer and seller information must be in compliance with the description provided in the letter of credit. Bill of Lading It is a document which shows the receipt of goods for shipment by a freight carrier. It is an evidence of the control of the goods and also acts as an evidence of the carriers obligation to transport the goods to their proper destination. Warranty of Title A warranty given by a seller to a buyer of goods that states that the title being conveyed is good. It is generally issued to the purchaser. Letter of Indemnity It is a letter specifically indemnifies the purchaser against a certain stated circumstance. Indemnification is generally used to guarantee that shipping documents will be provided in good order when available. Common Defects in the documents presented A discrepancy is some defect in the documents presented by the seller, which show their non-compliance with the terms of the letter of credit. Issuing bank can not change the terms and conditions of the letter of credit with out t he permission of the buyer. Therefore to avoid any delay in getting payment. Beneficiary should be careful in preparing the required documents. Common defects in the documents presented by the seller include: If the description of the goods is not consistent. There is some error in the insurance documents. If the draft amount is not equal to invoice amount. Loading and destination ports are not same as provided by the letter of credit. Merchandise description is not same as in the credit. If any of the documents required by the credit is not presented. Documents are generally inconsistent such as quality, etc. If the names of the documents required are not correct, as mentioned in the credit. Invoice is not signed as provided in the letter of credit. If prior to the presentation of the draft, Letter of Credit has expired. If the date mention in the bill of lading is different from the date stated in the credit. If there are some changes in the invoice which are not authorized by the letter of credit. In international sales, as the seller and the buyer are in different countries, there is a common problem of payment due to the difference of time between dispatch and delivery. Obviously, seller would like to receive payment for the goods when delivering them to the carrier and the buyer would prefer to delay the payment of the price until receipt of the goods. Therefore, a letter of credit solves this problem between the seller and the buyer. Generally, there are three separate transactions in a letter of credit transaction. The first is between a seller and a buyer, called an underlying transaction, by which the seller provides contracted goods to the buyer. The second transaction is between the buyer-applicant and the bank (issuer of the letter of credit), in which the bank issues a letter of credit to the seller-beneficiary. Finally, the letter of credit itself creates a relationship between the issuer and the beneficiary, in which, the issuer makes payment for goods upon the beneficiary’s presentation of the required documents, in accordance with the terms and conditions of the letter of credit as agreed between seller and buyer. The bank’s performance of payment is conditional on the delivery of conforming documents by the beneficiary. The banks are called issuers and are usually the applicant’s bank. Normally the issuing bank opens a letter of credit in its own name and requests its correspondent bank to notify the seller about the letter of credit. Sometimes, the issuing bank asks the correspondent bank not only to inform the seller of the issuing bank’s undertaking but also to add a confirmation. In this case, the credit is known as a confirmed credit and the correspondent bank as a confirming bank. The payment obligation of the issuing bank depends upon the beneficiary’s presentation of complying documents to the confirming bank or to any other nominated bank, in accordance with the terms and conditions of the credit. Under general practice, presenting â€Å"complying documents† means that they comply with the conditions of the credit â€Å"on their face†. From banking point of view, compliance â€Å"on their face† of the presented documents is sufficient. The â€Å"independence principle† (which will be discussed later) is the fundamental principle of the letter of credit system, which prohibits banks from looking beyond facial compliance of the documents, and therefore exclude whether or not there is actual performance by the seller-beneficiary. In fact, letters of credit system has emphasised the independence principle to such an extent that banks are ignoring the performance of the underlying contract very confidently. As a result, all the risk is on the honest buyers, who are sometime paying for goods that they had not contracted for. Importance of the research The primary purpose of the letter of credit system is to facilitate international trade, rather than to provide an opportunity to the banks to make profit. As the fraud is very common in these days, but UCP is not designed to prevent fraud. The number of frauds relating to the letters of credit has increased over the years. Buyers are particularly vulnerable to such practices under the letter of credit system. This situation shows that there is some ambiguity in the letter of credit system and a lack of balance between the rights and duties of the parties to a letter of credit transaction, which is being exploited very easily by fraudsters. Division of risk under a Letter of Credit Transaction As we have discussed above, a letter of credit transaction consists of three linked but independent contracts. The first step is that the buyer makes a contract with the seller for the sale of goods, called the underlying contract. Subsequently the buyer signs an application form requesting the bank to open a credit, which is an arrangement between the buyer and the bank. The third step is that the issuing bank informs the seller, who is the beneficiary of the letter of credit, of the credit and promises to pay against the stipulated documents provided the terms and conditions of the credit are met. The letter of credit allocates risk between the applicant and the beneficiary. By postulating a letter of credit, the beneficiary may greatly reduce the risk of not being paid and ultimately allowing the beneficiary of the letter to reallocate the risk of non-payment for delivered goods which do not conform to the underlying sale contract. Generally, banks are reluctant to dishonour a credit, since to do so may damage the bank’s reputation as a credit issuer. The cost of honour, however, falls on the honest applicant, not the bank. â€Å"If the beneficiary has breached the underlying transaction, payment under the credit to him will occasion loss, but that loss will not be the bank’s; it will be the applicant’s.† Increase in the applicant’s risk and decrease in the bank’s risk under UCP UCP is the governing law of the letters of credit, therefore there should be a balance regarding the rights and duties of the parties, but UCP contains rules that reduce bank risk. There is no provision asking for judicial intervention to compensate letter of credit parties in case of bank’s negligence. The provisions in favour of banks fall into two categories. The first provides sweeping immunity from liabilities that national legal systems may impose. Example of such a disclaimer is Article 15. Under Article 15, banks assume no liability for the genuineness, falsification or legal effect of any documents and therefore the issuer is immune from the liability for paying against forged documents, which on their face appear regular. Therefore, the payment by the issuing bank does not show that the buyer has received the goods, which he had contracted for. The security, which the beneficiary is getting under the letter of credit system is not the same with the security of the buyer. The second category of pro-bank provisions contains rules that set precise boundaries on what the banks must do, which reduces uncertainty about bank responsibility and provides clear guidance to bank employees. For example, the customer cannot stipulate non-documentary conditions of payment, and time limits on examination of documents are fixed rather than open-ended. In case of any loss, the buyer, which is the applicant for a credit, can take action against the seller for breach of contract or fraud, but has no right of action against the bank for bank’s negligence in examining the documents, which can be ineffectual for several reasons, such as insolvency of either the applicant or the beneficiary. Hence the burden of risk on the applicant is more than any party in a letter of credit transaction and in most of the cases, buyers are paying for the goods, they have not contracted for. Chapter 2 UCP and letters of credit Originally UCP has been drafted by the Banking Commission of the ICC, which was comprised of the representatives of the banking community, which shows the dominance of the banks and banking experts. Their dominance in UCP drafting, hints that in drafting UCP, ICC was acting as a private legislature. It looks that the rules contain in the UCP are much beneficial for the banks than any other party, and giving a limited chance to the judiciaries to interfere to protect customers from any careless behaviour of the banks. The authority to interpret the UCP rests in the ICC Commission on Banking Technique and Practice, which can apply these interpretations to solve the problems arising in any case. Because of wide publicity and distribution of commission’s answers, their interpretation can be considered as an official interpretation of the UCP. Commission can enhance, interpreting, and sometimes amend the provisions of the UCP. The banks which deal with the letters of credit, act upon these interpretations and any amendments. As in theory, commission is only answerable to ICC members, therefore the chances of any challenge to such interpretation is very low. Role of courts in balancing the rights and duties of the parties In Discount Records Ltd. v. Barclay Bank Ltd., the judge was reluctant to â€Å"interfere with bankers’ irrevocable credit and not least in the sphere of international banking†. The position is same in many other cases. The apparent reason for the reluctance of the judges to interfere looks that they are afraid from the threats of the banking experts that their decisions would have an unfavourable affect on international trade. The difficulties of the courts to balance the rights and duties of all parties to a letter of credit transaction have increased. In Mannesman Handel AG v. Kaunlaran Shipping Corporation, the Swiss bank argued that the bank was in rejecting the documents by the German company relying on the independence principle and the discrepancies appeared on the documents. The court was asked not to apply the good faith principle otherwise the court â€Å"would be calculated to undermine if not destroy the doctrine of strict compliance and to blur if not extinguish the distinction between transactions concerning goods and transactions concerning documents.† Normally the judicial decisions relating to the legal aspects of documentary credits base on either the express intentions of the parties or established business practice at the time, the parties entered in a contractual relationship. In cases where the UCP provisions are different from business practice, a court will apply the UCP if the UCP is incorporated in the contract of the parties. It shows that courts have assented to the entire documentary credit system being run by the banking industry and eventually abstaining the courts to intervene to balance the legal rights and duties amongst all the parties. Should the UCP have the status of law? Leading scholar Professor Ross Buckley says: â€Å"originally, the UCP was neither designed nor intended to be law. It was prepared as a set of standard terms to be incorporated by reference into letters of credit by those parties who chose to do so.† This has also been confirmed by the UCP in the preface of UCP 500, which states that the UCP is not legislation but a compilation of rules made by bankers for their own industry. Therefore there is a dispute as to whether the UCP is a code of the law, or just customary practices, or some mutually consented regulations relating to letters of credit. However in fact, UCP is the governing law of the letters of credit. The Scope of the Banks Duties Before analysing the wording of the disclaimers used, the scope of the duties undertaken by the banks involved must be identified. Whereas the type of credit and the documentary stipulations therein will usually have been negotiated by the commercial parties and included in their sales contract, the terms and conditions under which a bank undertakes to open a documentary credit will normally appear in the banks standard application form which the importer will be required to complete. Although the application would normally refer to the UCP, it is important to note that the provisions of the UCP would not automatically apply in English law if not expressly incorporated by the parties to the credit and, even if expressly incorporated, its provisions can be excluded, or modified by the express terms of the credit. The duty to issue an efficacious credit The importers failure to procure the issue of a documentary credit which conforms to the terms of the sales contract may be treated by the exporter as a breach of a condition precedent to his performance and a repudiation of the contract by the importer. Whether the applicant can sue the issuing bank in respect of its culpable failure to issue (or to issue in good time) a conforming and efficacious credit is, however, by no means clear. The duty to issue a conforming credit An initial problem arises where the applicant requires the issue of a confirmed credit, that is, a credit in which a second bank, normally in the beneficiarys country, adds its own independent undertaking, to pay against the stipulated documents, to that of the issuing bank. Is the issuing bank in breach of contract towards the applicant if it is unable to procure the confirmation? The answer must depend upon the issuers conduct on receiving the application from the applicant. The second aspect of the duty to issue a conforming credit raises the question of liability for the acts of other banks involved in the transaction. Clearly, if the issuing bank opens a credit which specifies documentation other than that called for by the applicant, then in the absence of a disclaimer it will be in breach of its contract with the applicant under the doctrine of strict compliance. The position should be the same where the issuing bank unreasonably delays issue of the credit so that the beneficiary incurs loss. A difficulty arises, however, when it is not the issuing bank itself which causes the error or delay in complying with the applicants instructions, but the issuers correspondent bank. The doctrine of privity of contract would appear to prevent contractual liability arising in this context. However, in any event, it appears that there is no reason for holding that, in the absence of a disclaimer; an issuing bank should not be liable for the consequences of errors by its correspondents. Duty to receive and examine documents The doctrine of strict compliance means that issuing banks which pay against non-conforming documents are in breach of their contractual obligations to the applicant. The issuer is not, however, a guarantor of the documents conformity; its duty is discharged by the exercise of reasonable care to ascertain that the documents comply on their face with the terms of the credit. Duty to make payment under the terms of the credit The party with the primary interest in enforcing the banks obligation to pay against conforming documents is the beneficiary although it is clear that this obligation is also owed to the applicant. Furthermore, any variation of the payment terms would be a clear breach of contract. Duties of correspondent banks In so far as the confirming bank gives an undertaking in exactly the same terms as the issuing bank, it clearly owes precisely the same duties to the beneficiary. However, since a confirming bank looks to the issuing bank alone for reimbursement, it may be prima facie unlikely that it owes any duty to the applicant, even where the applicant is paying the confirmation fee. There are, however, some judicial dicta which might support the recognition of such a duty. Bank’s risk under UCP (exemption clauses) Article 15 and 18 (b) of the UCP 500, limits the liability of the banks in a letter of credit transaction and which have almost made it a risk free transaction for the banks. Article 15 says: â€Å"Banks assume no liability to or responsibility for the form, sufficiency, accuracy, genuineness, falsification or legal effect of any document(s) or for the general and/or particular conditions stipulated in the document(s) or superimposed thereon, nor do they assume any liability or responsibility for the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods represented by any document(s) or for the good-faith or acts and/or omissions, solvency, performance or standing of the consignors, the carriers, the forwarders, the consignee or the insurers of the goods or any other person whomsoever.† Article 18(b) further states: â€Å"Banks assume no liability or responsibility should the instructions they submit not be carried out, even if they have themselves taken the initiative in the choice of such other bank(s).† The UCP 500 places the applicant-buyer in an absurdly vulnerable position through its disclaimer clauses. To some extent there is a lack of duties on the part of the bank to verify the authenticity of the documents. Hence it might not be wrong to say that albeit there is a waste increase in the use of letters of credit, does not signify that the UCP is fairly drafted. Letters of credit and its users It is also very important that whether all the parties to the letter of credit, particularly applicant-buyer are conscious about the presence of these exemptions, e.g. by providing a copy of these exemption clauses of the UCP or by giving a notice of these exemption clauses. It is a rule that to enforce an exemption clause, a reasonable notice should be given to the other party but in practice, buyers are assume to have the notice of the UCP and that they are familiar with the provisions of the UCP. Further, the application for the issuance of a letter of credit and the letter of credit document itself only contain a simple sentence: â€Å"Subject to UCP for Documentary Credits†, without any attachment of the provisions of the UCP or any notice of such exemption clauses. Hence it is debatable that why the courts do not look, while dealing with the cases relating to the letters of credit, that whether a reasonable notice has been given relating to the exemption clauses and do not interfere to balance the rights and duties of the parties to a letter of credit transaction? Chapter 3 Doctrine of strict compliance and independence principle It is a basic rule of the letter of the credit transaction and which is widely recognised that the letters of credit are transactions independent of the underlying contracts on which they are based. According to this principle, the issuer has no concern with the underlying contracts between buyer and seller. Its concern is with documents only, rather than the goods or any type of services. Obviously there are some doubts about this principle, i.e. to what extent this principle should be applied. Which some tome may cause injustice to the applicant under certain circumstances. Independence Principle Generally, letter of credit is a contract between the issuer and the seller of the goods, which is independent of the underlying contract between the seller and the buyer. The independence principle is mentioned in Article 3 and Article 4 of the UCP. Article 3 states: â€Å"Credits, by their nature, are separated transactions from the sales or other contract(s), even if any reference whatsoever to such contract(s) is included in the Credit.† Article 4 further says: â€Å"In credit operations all parties concerned deal with documents and not with goods, services and/or other performances to which the documents may relate.† From the very beginning independence principle governs letter of credit transactions and very clearly states that the credits are completely separate from their underlying transactions and the issuer makes payment depending on the conformity of the documents presented according to the terms and conditions of the credit without considering the performance of the underlying contract by the beneficiary.

A Streetcar Named Desire, by Tennessee Williams Essay -- A Streetcar Na

Street Car Named Desire A Streetcar Named Desire, written by Tennessee Williams in 1947, has been called the best play ever written by an American. The geological setting of the play, New Orleans, creates a remarkably blended mood of decadence, nostalgia, and sensuality. The plot of the play comes about through the conflict between a man and his sister-in-law who comes to live at his house with he and his wife. Stanley Kowalski immediately captures the attention of the audience through Williams' excellent portrayal of the intensely strong willed character. The portrayal of Stanley Kowalski plays a major role in the success of the play. Williams forms Stanley into an extremely masculine character who will always have his way or no way at all and makes his opinions very clear to those around him. This profound masculinity places Stanley in direct opposition to Blanche DuBois. "The high-minded yet oddly fragile Blanche takes an immediate dislike to the loutish, working-class Stanley, while Stanley immediately recognizes Blanche for what she has become: a woman who finds consolation in indiscriminate sex and alcohol." (Authors & Artists, 165). This clashing forms the conflict which eventually roots itself deeply into the plot of the play. Stanley represents the symbol of the New South. Stanley's aggressiveness leads to his ease in taking total control over a situation. This characteristic also allows Stanley to completely secure the respect of all the men who associate with him, however, his aggression also shines a light upon a very destr uctive side of his character. In many ways, Stanley's brutality leads to the major conflict between Blanche and himself. "And look at yourself! Take a look at that worn out Mardi Gras outfit, rented for fifty cents from some rag picker! And with that crazy crown on! What queen do you think you are?" (Williams, 127). Stanley becomes very blunt in his contempt and aggression towards Blanche. Another view into the excessive aggression of Stanley appears in the third scene. In this scene, Williams provides a look at a very negative side of Stanley. Stanley physically assaults his wife, Stella, after she returns to the house during his poker game. "How anyone could find Stella Kowalski's comatose endurance of Stanley healthy or whole-hearted is, indeed, a subject for wonder." (Drama Criticism, 401). Stanley also shows his vi... ...own here. Stella, Stella!" (Williams, 59). Stanley also appears to fight Blanche for the purpose of saving his life with the woman he loves. "When Blanche threatens Stanley's marriage by cajoling her sister to abandon her husband, Stanley brandishes Blanche's weaknesses for all to see in an effort to preserve his home and family." (Authors & Artists, 165-66). These characteristics show the loving and caring side of Stanley as well as offering a contrasting view to his dark, brutal side. Tennessee Williams creates a brilliant play in A Streetcar Named Desire, featuring an amazing and complex character in Stanley Kowalski. The reader must constantly reevaluate the character of Stanley Kowalski as he presents many questions to the reader throughout the play. During the play, as the conflict develops between Blanche DuBois and Stanley Kowalski, the audience must constantly consider which character portrays the villain and which portrays the victim. "Ultimately, however, Stanley prevails. He has gotten rid of Blanche, who has lost everything, and as we see in the closing lines of the play, he is able to soothe Stella's grief, and their life goes on." (Masterplots, 6316).

Cooperative Learning Advantages for English Language Learners

Concerted acquisition is defined as any group larning activity organized in such a manner that acquisition is dependent on the socially structured exchange of academic content every bit good as other information between the specific group of scholars, and whereas each single scholar is accountable for his/her ain acquisition ( Tinker-Sachs et Al, 2003 ) . Furthermore, Kagan ( 2002 ; 1994 ) states that concerted acquisition will finally take to additions in the acquisition of other members in the group. Kagan postulates ( 2002 ) that concerted acquisition is an first-class instruction scheme that promotes enhanced larning for diverse pupil populations and is particularly good for English linguistic communication scholars. Noyes ( 2010 ) further provinces that English linguistic communication scholars take parting in concerted larning groups non merely increase overall apprehension of the English linguistic communication, they besides develop deeper apprehension of academic content eve ry bit good as academic linguistic communication. Continuing research from Cummins ( 2009 ) suggest that pupils with diverse larning abilities, including pupils with larning disablements improve their accomplishments through the natural staging schemes found in concerted acquisition groups. What is Concerted Learning? Concerted propensity is basically a instruction method that utilizes little groups of pupils or squads where, each pupil has a specific occupation or duty in the group. The instructor structures pupils of assorted ability degrees in a little group, so that effectual staging for the English linguistic communication scholar will augment and heighten pupil larning. Students of different ability degrees participate in a assortment of larning activities designed by the instructor to better their overall apprehension of specific academic content or capable ( Noyes, 2010 ; Kagan, 2002 ; Kagan, 1994 ) . Additionally, each member of the squad is responsible for a specific part of the content, but is besides compelled to assist other members of the group learn the needed content aim ( Noyes, 2010 ; Kagan, 2002 ; Kagan, 1994 ) . Even modern-day research suggests that concerted acquisition creates favourable larning results for English linguistic communication scholars ( Murray, 2010 ) . Further more, by delegating unequivocal occupations or undertakings to each pupil, the group as a whole plant through the assignment and/or undertaking until each group member is able to successfully complete the activity and addition deeper apprehension of activity ( Noyes, 2010 ; Kagan, 2002 ; Kagan, 1994 ) . Cooperative acquisition has four basic rules with the acronym PIES. The P stands for positive mutuality, the I stands for single answerability, the E stands for equal engagement, and the S stands for coincident interaction ( Kagan, 2002 ; Kagan, 1994 ) . Kagan ( 1994 ) states that if any one of these four BASIC rules is non implemented, no concerted acquisition will be involved. Therefore, it is indispensable that all four rules are utilized for the academic content country in order for concerted acquisition to happen with fidelity. Therefore, it is important that the instructor to the full understands the basic four basic rules and chorus from extinguishing any of the cardinal constituents of concerted acquisition ( Noyes, 2010 ; Kagan, 2002 ; Kagan, 1994 ) . Both Kagan ( 2002 ) and Sharan ( 2010 ) further province that the concerted acquisition theoretical account leads to additions and expeditious apprehension for English linguistic communication scholars because group unwritten treatments lead to additions in the usage of the English linguistic communication through both colloquial duologue every bit good as written linguistic communication. By leting pupils to utilize and keep academic English conversations for pupils whose primary linguistic communication is non English, their develop more meaningful experience with the English linguistic communication, which in bend, leads to higher order believing accomplishments ( Sharan, 2010 ; Shaaban, 2006 ; Tinker-Sachs et Al, 2003 ) . Concerted acquisition is rather different from the direct direction learning theoretical account, every bit good as other traditional teaching methods. Traditional direction relies on the instructor to leave direct direction or talk to the pupils, while they sit passively, purportedly absorbing academic information in their encephalons, every bit good as understanding the English linguistic communication. However, even though the instructor may be patterning academic English linguistic communication throughout direct direction, research indicates that there are far excessively few chances to utilize the English linguistic communication for pupils whose primary linguistic communication is non English. Besides, with traditional instruction theoretical accounts, diverse scholars have small chance to increase academic vocabulary and content ( Chang, 2008 ; Gaith and Bouzeineddine, 2003 ) . Concerted Learning and English Language Acquisition for ELLs As antecedently mentioned, by utilizing concerted acquisition constructions, the English linguistic communication scholar will develop and better their overall English linguistic communication ( Cummins, 2009 ; Shaaban, 2006 ; Kagan, 2002 ) . When farther analyzed, Sharan ( 2010 ) states that English linguistic communication scholars use the English linguistic communication in its natural context. Further, utilizing the English linguistic communication to heighten functional interaction and real-life conversations increases understanding and increases transference. Besides, pupils working together in concerted acquisition constructions tend to modify their degree of address to suit each other ( Murray, 2010 ; Chang, 2008 ) . Plus, pupils in concerted grouping are able to modulate their ain English linguistic communication end product to guarantee that each squad member comprehends and understands each other ( Sharan, 2010 ; Kagan, 2002 ) . Another linguistic communication benefit for English linguistic communication scholars is they are speaking to a group member, as opposed to the full category, which allows the English linguistic communication scholars to derive some assurance with English. When concerted acquisition is implemented suitably, the squad members are supportive of one another during English linguistic communication acquisition ( Tinker-Sachs et Al, 2003 ; Kagan, 2002 ) . Other Benefits for English Language Learners There are several other benefits to cooperative larning for English linguistic communication scholars in add-on to greater academic accomplishment. Kagan ( 2002 ) states that pupils in concerted constructions develop improved self-esteem and beef up their societal accomplishments in category. Furthermore, pupils build community in their schoolroom by cultivating societal relationships and credence of pupils from other ethnicities or pupils with disablements ( Cummins, 2009 ) . With active pupil engagement, concerted larning Fosters increased enthusiasm for the category, school, and instruction ( Murray, 2010 ) . Teaching Cautions Teachers must be aware of the basic principals of concerted acquisition and really pass instructional clip learning the pupils how to efficaciously utilize non merely the scheme, but besides their single functions and duties ( Noyes, 2010 ) . The instructor is responsible for non merely academic content, but must vouch that the concerted group ( s ) will forbear from any negative remarks or comments directed toward any teammate and/or work merchandise. Students must experience safe and secure in the concerted acquisition construction in order to accomplish maximal benefit and deeper apprehension of academic content ( Kagan, 2002 ; Kagan, 1994 ) . It is besides critical that all pupils understand their function in the group, every bit good as group and instructor outlooks ( Sharan, 2010 ) . Another consideration the instructor must turn to is the noise degree in the schoolroom. Good schoolroom direction is important for optimal pupil success. The instructor will hold to supervise the groups to be certain that pupils are on undertaking and that each squad member is an active participant. Furthermore, pupils need to actively listen every bit good as participate ( Noyes, 2010 ; Kagan, 2002 ) . Decision Cooperative acquisition has been the topic of much research that continues today. Cummins ( 2009 ) posits that pupils have much higher happenings of unwritten English linguistic communication use throughout the instructional twenty-four hours when utilizing concerted acquisition schemes. Noyes ( 2010 ) concurs with several research workers sing the many benefits of concerted larning with English linguistic communication scholars. By leting pupils to actively listen and take part in group acquisition, the belief among outstanding research workers is that concerted acquisition will shut the accomplishment spread so that all pupils will be able to win in school and so travel on to go successful members of the community. Concerted acquisition Teachs pupils non merely increased English linguistic communication accomplishments, but besides societal accomplishments, credence and tolerance of others, increased pupil duty, and additions in self-pride ( Sharan, 2010 ; Cummins, 2009 ; Kagan, 20 02 ) .

Sigmund Freud - The Father of Psychoanalysis

Sigmund Freud - The Father of Psychoanalysis Sigmund Freud is best known as the creator of the therapeutic technique known as psychoanalysis. The Austrian-born psychiatrist greatly contributed to the understanding of human psychology in areas such as the unconscious mind, sexuality, and dream interpretation.  Freud was also among the first to recognize the significance of emotional events that occur in childhood. Although many of his theories have since fallen out of favor, Freud profoundly influenced psychiatric practice in the twentieth century. Dates: May 6, 1856 September 23, 1939 Also Known As: Sigismund Schlomo Freud (born as); Father of Psychoanalysis Famous Quote: The ego is not master in its own house. Childhood in Austria-Hungary Sigismund Freud (later know as Sigmund) was born on May 6, 1856, in the town of Frieberg in the Austro-Hungarian Empire (present-day Czech Republic). He was the first child of Jacob and Amalia Freud and would be followed by two brothers and four sisters. It was the second marriage for Jacob, who had two adult sons from a previous wife. Jacob set up business as a wool merchant but struggled to earn enough money to take care of his growing family. Jacob and Amalia raised their family as culturally Jewish, but were not especially religious in practice. The family moved to Vienna in 1859, taking up residence in the only place they could afford the Leopoldstadt slum. Jacob and Amalia, however, had reason to hope for a better future for their children. Reforms enacted by Emperor Franz Joseph in 1849 had officially abolished discrimination against Jews, lifting restrictions previously placed upon them. Although anti-Semitism still existed, Jews were, by law, free to enjoy the privileges of full citizenship, such as opening a business, entering a profession, and owning real estate. Unfortunately, Jacob was not a successful businessman and the Freuds were forced to live in a shabby, one-room apartment for several years. Young Freud began school at the age of nine and quickly rose to the head of the class. He became a voracious reader and mastered several languages. Freud began to record his dreams in a notebook as an adolescent, displaying a fascination for what would later become a key element of his theories. Following graduation from high school, Freud enrolled at the University of Vienna in 1873 to study zoology. Between his coursework and lab research, he would remain at the university for nine years. Attending University and Finding Love As his mothers undisputed favorite, Freud enjoyed privileges that his siblings did not. He was given his own room at home (they now lived in a larger apartment), while the others shared bedrooms. The younger children had to maintain quiet in the house so that Sigi (as his mother called him) could concentrate on his studies. Freud changed his first name to Sigmund in 1878. Early in his college years, Freud decided to pursue medicine, although he didnt envision himself caring for patients in a traditional sense. He was fascinated by bacteriology, the new branch of science whose focus was the study of organisms and the diseases they caused. Freud became a lab assistant to one of his professors, performing research on the nervous systems of lower animals such as fish and eels. After completing his medical degree in 1881, Freud began a three-year internship at a Vienna hospital, while continuing to work at the university on research projects. While Freud gained satisfaction from his painstaking work with the microscope, he realized that there was little money in research. He knew he must find a well-paying job and soon found himself more motivated than ever to do so. In 1882, Freud met Martha Bernays, a friend of his sister. The two were immediately attracted to one another and became engaged within months of meeting. The engagement lasted four years, as Freud (still living in his parents home) worked to make enough money to be able to marry and support Martha. Freud the Researcher Intrigued by the theories on brain function that were emerging during the late 19th century, Freud opted to specialize in neurology. Many neurologists of that era sought to find an anatomical cause for mental illness within the brain. Freud also sought that proof in his research, which involved the dissection and study of brains. He became knowledgeable enough to give lectures on brain anatomy to other physicians. Freud eventually found a position at a private childrens hospital in Vienna. In addition to studying childhood diseases, he developed a special interest in patients with mental and emotional disorders. Freud was disturbed by the current methods used to treat the mentally ill, such as long-term incarceration, hydrotherapy (spraying patients with a hose), and the dangerous (and poorly-understood) application of electric shock. He aspired to find a better, more humane method. One of Freuds early experiments did little to help his professional reputation. In 1884, Freud published a paper detailing his experimentation with cocaine as a remedy for mental and physical ailments. He sang the praises of the drug, which he administered to himself as a cure for headaches and anxiety. Freud shelved the study after numerous cases of addiction were reported by those using the drug medicinally. Hysteria and Hypnosis In 1885, Freud traveled to Paris, having received a grant to study with pioneering neurologist Jean-Martin Charcot. The French physician had recently resurrected the use of hypnosis, made popular a century earlier by Dr. Franz Mesmer. Charcot specialized in the treatment of patients with hysteria, the catch-all name for an ailment with various symptoms, ranging from depression to seizures and paralysis, which mainly affected women. Charcot believed that most cases of hysteria originated in the patients mind and should be treated as such. He held public demonstrations, during which he would hypnotize patients (placing them into a trance) and induce their symptoms, one at a time, then remove them by suggestion. Although some observers (especially those in the medical community) viewed it with suspicion, hypnosis did seem to work on some patients. Freud was greatly influenced by Charcots method, which illustrated the powerful role that words could play in the treatment of mental illness. He also came to adopt the belief that some physical ailments might originate in the mind, rather than in the body alone. Private Practice and Anna O Returning to Vienna in February 1886, Freud opened a private practice as a specialist in the treatment of nervous diseases. As his practice grew, he finally earned enough money to marry Martha Bernays in September 1886. The couple moved into an apartment in a middle-class neighborhood in the heart of Vienna. Their first child, Mathilde, was born in 1887, followed by three sons and two daughters over the next eight years. Freud began to receive referrals from other physicians to treat their most challenging patients hysterics who did not improve with treatment. Freud used hypnosis with these patients and encouraged them to talk about past events in their lives. He dutifully wrote down all that he learned from them traumatic memories, as well as their dreams and fantasies. One of Freuds most important mentors during this time was Viennese physician Josef Breuer. Through Breuer, Freud learned about a patient whose case had an enormous influence upon Freud and the development of his theories. Anna O (real name Bertha Pappenheim) was the pseudonym of one of Breuers hysteria patients who had proved especially difficult to treat. She suffered from numerous physical complaints, including arm paralysis, dizziness, and temporary deafness. Breuer treated Anna by using what the patient herself called the talking cure. She and Breuer were able to trace a particular symptom back to an actual event in her life that might have triggered it. In talking about the experience, Anna found that she felt a sense of relief, leading to a diminishment or even the disappearance of a symptom. Thus, Anna O became the first patient to have undergone psychoanalysis, a term coined by Freud himself. The Unconscious Inspired by the case of Anna O, Freud incorporated the talking cure into his own practice. Before long, he did away with the hypnosis aspect, focusing instead upon listening to his patients and asking them questions. Later, he asked fewer questions, allowing his patients to talk about whatever came to mind, a method known as free association. As always, Freud kept meticulous notes on everything his patients said, referring to such documentation as a case study. He considered this his scientific data. As Freud gained experience as a psychoanalyst, he developed a concept of the human mind as an iceberg, noting that a major portion of the mind the part that lacked awareness existed under the surface of the water. He referred to this as the â€Å"unconscious.† Other early psychologists of the day held a similar belief, but Freud was the first to attempt to systematically study the unconscious in a scientific way. Freuds theory that humans are not aware of all of their own thoughts, and might often act upon unconscious motives was considered a radical one in its time. His ideas were not well-received by other physicians because he could not unequivocally prove them. In an effort to explain his theories, Freud co-authored Studies in Hysteria with Breuer in 1895. The book did not sell well, but Freud was undeterred. He was certain that he had uncovered a great secret about the human mind. (Many people now commonly use the term Freudian slip to refer to a verbal mistake that potentially reveals an unconscious thought or belief.) The Analysts Couch Freud conducted his hour-long psychoanalytic sessions in a separate apartment located in his familys apartment building at Berggasse 19 (now a museum). It was his office for nearly half a century. The cluttered room was filled with books, paintings, and small sculptures. At its center was a horsehair sofa, upon which Freuds patients reclined while they talked to the doctor, who sat in a chair, out of view. (Freud believed that his patients would speak more freely if they were not looking directly at him.) He maintained a neutrality, never passing judgment or offering suggestions. The main goal of therapy, Freud believed, was to bring the patients repressed thoughts and memories to a conscious level, where they could be acknowledged and addressed. For many of his patients, the treatment was a success; thus inspiring them to refer their friends to Freud. As his reputation grew by word of mouth, Freud was able to charge more for his sessions. He worked up to 16 hours a day as his list of clientele expanded. Self-Analysis and the Oedipus Complex After the 1896 death of his 80-year-old father, Freud felt compelled to learn more about his own psyche. He decided to psychoanalyze himself, setting aside a portion of each day to examine his own memories and dreams, beginning with his early childhood. During these sessions, Freud developed his theory of the Oedipal complex (named for the Greek tragedy), in which he proposed that all young boys are attracted to their mothers and view their fathers as rivals. As a normal child matured, he would grow away from his mother. Freud described a similar scenario for fathers and daughters, calling it the Electra complex (also from Greek mythology). Freud also came up with the controversial concept of penis envy, in which he touted the male gender as the ideal. He believed that every girl harbored a deep wish to be a male. Only when a girl renounced her wish to be a male (and her attraction to her father) could she identify with the female gender. Many subsequent psychoanalysts rejected that notion. The Interpretation of Dreams Freuds fascination with dreams was also stimulated during his self-analysis. Convinced that dreams shed light upon unconscious feelings and desires, Freud began an analysis of his own dreams and those of his family and patients. He determined that dreams were an expression of repressed wishes and thus could be analyzed in terms of their symbolism. Freud published the groundbreaking study The Interpretation of Dreams in 1900. Although he received some favorable reviews, Freud was disappointed by sluggish sales and the overall tepid response to the book. However, as Freud became better known, several more editions had to be printed to keep up with popular demand. Freud soon gained a small following of students of psychology, which included Carl Jung, among others who later became prominent. The group of men met weekly for discussions at Freuds apartment. As they grew in number and influence, the men came to call themselves the Vienna Psychoanalytic Society. The Society held the first international psychoanalytic conference in 1908. Over the years, Freud, who had a tendency to be unyielding and combative, eventually broke off communication with nearly all of the men. Freud and Jung Freud maintained a close relationship with Carl Jung, a Swiss psychologist who embraced many of Freuds theories. When Freud was invited to speak at Clark University in Massachusetts in 1909, he asked Jung to accompany him. Unfortunately, their relationship suffered from the stresses of the trip. Freud did not acclimate well to being in an unfamiliar environment and became moody and difficult. Nonetheless, Freuds speech at Clark was quite successful. He impressed several prominent American physicians, convincing them of the merits of psychoanalysis. Freuds thorough, well-written case studies, with compelling titles such as The Rat Boy, also received praise. Freuds fame grew exponentially following his trip to the United States. At 53, he felt that his work was finally receiving the attention it deserved. Freuds methods, once considered highly unconventional, were now deemed accepted practice. Carl Jung, however, increasingly questioned Freuds ideas. Jung didnt agree that all mental illness originated in childhood trauma, nor did he believe that a mother was an object of her sons desire. Yet Freud resisted any suggestion that he might be wrong. By 1913, Jung and Freud had severed all ties with one another. Jung developed his own theories and became a highly influential psychologist in his own right. Id, Ego, and Superego Following the assassination of Austrian archduke Franz Ferdinand in 1914, Austria-Hungary declared war on Serbia, thus drawing several other nations into the conflict which became World War I. Although the war had effectively put an end to the further development of psychoanalytic theory, Freud managed to stay busy and productive. He revised his previous concept of the structure of the human mind. Freud now proposed that the mind comprised three parts: the Id (the unconscious, impulsive portion that deals with urges and instinct), the Ego (the practical and rational decision-maker), and the Superego (an internal voice that determined right from wrong, a conscience of sorts).   During the war, Freud actually used this three-part theory to examine entire countries. At the end of World War I, Freuds psychoanalytic theory unexpectedly gained a wider following. Many veterans returned from battle with emotional problems. Initially termed shell shock, the condition resulted from psychological trauma experienced on the battlefield. Desperate to help these men, doctors employed Freuds talk therapy, encouraging the soldiers to describe their experiences. The therapy seemed to help in many instances, creating a renewed respect for Sigmund Freud. Later Years By the 1920s, Freud had become internationally known as an influential scholar and practitioner. He was proud of his youngest daughter, Anna, his greatest disciple, who distinguished herself as the founder of child psychoanalysis. In 1923, Freud was diagnosed with oral cancer, the consequence of decades of smoking cigars. He endured more than 30 surgeries, including the removal of part of his jaw. Although he suffered a great deal of pain, Freud refused to take painkillers, fearing that they might cloud his thinking. He continued to write, focusing more on his own philosophies and musings rather than the topic of psychology. As Adolf Hitler gained control throughout Europe in the mid-1930s, those Jews who were able to get out began to leave. Freuds friends tried to convince him to leave Vienna, but he resisted even when the Nazis occupied Austria. When the Gestapo briefly took Anna into custody, Freud finally realized it was no longer safe to stay. He was able to obtain exit visas for himself and his immediate family, and they fled to London in 1938. Sadly, four of Freuds sisters died in Nazi concentration camps. Freud lived only a year and a half after moving to London. As cancer advanced into his face, Freud could no longer tolerate the pain. With the help of a physician friend, Freud was given an intentional overdose of morphine and died on September 23, 1939 at the age of 83.