25 December 2015

Notes - "calling / force majeure"

         Carol made calls to her sisters this morning and Kim called a short time ago to wish you both a Merry Christmas. She is downstairs making dinner (ham, potatoes and a veggie). Earlier she told you for the second and third time that she does not like the new landline phone, particularly the answering machine because it is more complicated than the old phone. You are in dismay because you threw the old phone out when it could have served a longer purpose. You have spent some time looking for a different landline phone with a better answering machine that shows more details. – Amorella

         1344 hours. I should not have thrown the old phone out. Major error. The ‘new’ landline phones are few and far between. All I need is a single phone with an excellent answering machine.

         Why don’t you just look for an answering machine? – Amorella

         1346 hours. I hadn’t thought of it. I’ll check.

         1503 hours. You were right, Amorella. I found a good answering machine (ATT&T Digital Answering System w/60 Minutes Record Time). The ham had not thawed so we had veggie omelets plus strips of bacon for lunch – quite good. I set up Carol’s Fitbit on her iMac, which she is now wearing. We both have been snacking on Xmas cookies from Kim and Cathy.

         You are still thinking about how my response to your problem may be the correct one (it will only be correct if Carol likes it). – Amorella

         1512 hours. I don’t know why I had not thought of the answering machine solution first. My focus was on the phone when that in itself is not the problem. The Amazon reviews  were from older people (who are also us). Several liked the simplicity of all the operations.

         I am no Siri but I help from time to time. Note to yourself – I came to you not the other way around. – Amorella

        1518 hours. Noted. This is interesting. If you were a multiple personality you would be apart from the others. Even in the beginning you came to me I did not ask for or make a request. I glean a further understanding from this observation. You, the Amorella, in essence have Free Will.

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Free Will - noun

The power of acting without the constraint of necessity or fate; the ability to act at one’s own discretion.

Selected from - oxford dictionaries dot com

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         As you read your definition above you see there are possible problems from my perspective. – Amorella

         1532 hours. What comes to mind is that the sketch drawn shows a scar, which you said was caused from coming from There to here in my head. That infers ‘constraint’. It does not show Necessity though.

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necessity – noun

1 . . . essential, indispensable item, requisite, prerequisite, necessary, basic, sine qua non, desideratum . . ..

2 . . . force of circumstance, obligation, need, call, exigency; force majeure.

3 . . . inevitability, certainty, inescapability, inexorability, ineluctability.

Selected and edited from Oxford/American software

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         To keep in context I, the Amorella, prefer the word necessity to be seen in terms of  “force majeure”.

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Force majeure

From Wikipedia, the free encyclopedia

Force majeure  – or vis major (Latin) – meaning "superior force", also known as cas fortuit (French) or casus fortuitus (Latin) "chance occurrence, unavoidable accident"] is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (such as hurricane, flooding, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not excuse a party's non-performance entirely, but only suspend it for the duration of the force majeure.

Sample clause

The following is an example of how force majeure might be described in a specific contract.

Clause 19. Force Majeure

A party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Agreement under Clause 17 (Termination) in such circumstances.

If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described in Clause 19 (Force Majeure).

Selected and edited from Wikipedia

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         1555 hours. I have no problem with this meaning although I would not have consciously thought to even consider this.

         Post. - Amorella

         1603 hours. Oddly, I just titled this post "calling / force majeure" is this in error?

        No, this is what the post is about. - Amorella 



         

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