Tuesday, May 26, 2020
Emily Bronte will forever be known for the infamous romance of Heathcliff and Catherine in Wuthering Heights. Not many couples can boast such a tumultuous and violent relationship, or of such passion and devotion. Catherine and Heathcliff share a bond that reaches deeper than a physical attraction. From their childhood until their deaths, their lives revolve around the other. Their preoccupation with each other does not represent the loving nature of most relationships; in fact, it often exhibits animosity and resentment. Their equally passionate and emotional personalities often clash, and lead to an obsession with getting revenge for each otherÃ¢â¬â¢s many acts of rejection and heartlessness. One begins to wonder while reading how theirÃ¢â¬ ¦show more contentÃ¢â¬ ¦Even though she loves Linton, she knows they do not have the same connection as she and Heathcliff share, and she has Ã¢â¬Å"no more business to marry Edgar Linton than [she has] to be in heavenÃ¢â¬ (Bronte 102). Y et at the same time, she feels Heathcliff is beneath her. She claims that Ã¢â¬Å"every Linton on the face of the earth might melt into nothing before [she] could consent to forsake HeathcliffÃ¢â¬ , yet in accepting LintonÃ¢â¬â¢s marriage proposal, she has already forsaken him (Bronte 103). Her own selfish desire to have Linton, yet keep Heathcliff too is only given consideration; Catherine decision making process shows her Ã¢â¬Å"Pathologically egotisticalÃ¢â¬ nature. Her Ã¢â¬Å"self-obsession isÃ¢â¬ ¦more potent than the ordinary self-centredness of the youngÃ¢â¬ , and not once does she stop to reflect on how her marriage will affect Heathcliff (Thormahlen). Little did she realize how major an offense to his pride it would be. In anger, he runs away from Wuthering Heights, to change himself into someone more acceptable to Catherine, and stays away for three years. While over those years Heathcliff changed considerably in aspect, he still possessed the same Ã¢â¬Å"fierce, pitiless, wolfishÃ¢â¬ qualities of his youth (Bronte 131). Catherine is delighted by his reappearance, but his motives are not as pure as she initially guessed. He did not return merely to see Catherine again, but to exact revenge on her, a repayment for the heartbreak she caused himShow MoreRelatedEssay on Wuthering Heights Conflict Analysis994 Words Ã |Ã 4 PagesIn Wuthering Heights by Emily BrontÃ «, revenge is one of the most prominent themes within the novel. This theme plays into a recurring literary theme of the war between passion and responsibility, seen specifically within BrontÃ «Ã¢â¬â¢s character Heathcliff. In this case, HeathcliffÃ¢â¬â¢s passion is his overwhelming desire for revenge on the Earnshaw and Linton families in order to gain what he believes is rightfully his. With his mind solely focused on seeking vengeance on those who have hurt him, HeathcliffRead More A Midsummer NightÃ¢â¬â¢s Dream by William Shakespeare1029 Words Ã |Ã 5 PagesShak espearian comedy where passion is a significant theme. It is perceived in a variety of ways such as passion for revenge, recognition, and for love, which have the potential to blur the lines between the levels of social hierarchy. Shakespeare uses a variety of characters such as Helena, Nick Bottom, and Oberon to express the theme of passion and its significance in the play. Helena represents the passion for love in this text, as she runs after Demetrius into a forest seeking love between them, evenRead MoreEssay on The Evil Character Medea in Euripides Medea585 Words Ã |Ã 3 Pageshusbands safety. At the peak of the reading, she becomes a murderous villain that demands respect and even some sympathy. By the end, the husband and wife are left devoid of love and purpose as the tragedy closes. In Medea, a woman betrays her homeland because of her love for a man. Jason is the husband that she ferociously loves and makes sacrifices for. They have two children together: Antigone and Ismeme. In Jasons quest for the golden fleece, Medea assists him in multiple ways. One of the thingsRead MoreLife Of Pi Character Analysis819 Words Ã |Ã 4 Pagesupon Piscine Molitor PatelÃ¢â¬â¢s life. Piscine Molitor Patel was very passionate about a lot of things such as zoology, science and religion. These passions sometimes brought him into conflict as his love for religion resulted in him practicing Hinduism, Christianity, and Hinduism at the same time. To Pi, this was no problem as he was simply showing his love for god however, to his parents and religious leaders, this was not okay and he is chased away from all the temples, churches, and mosques in hisRead More The Power of Love in Wuthering Heights Essay1404 Words Ã |Ã 6 Pagespurpose and promoted ideals of love and brotherhood. W uthering Heights is more of a Victorian Gothic novel; it contains passion, violence, and supernatural elements (Mitchell 119). The world of Wuthering Heights seems to be a world without morals. In Wuthering Heights, BrontÃ « does not idealize love; she presents it realistically, with all its faults and merits. She shows that love is a powerful force which can be destructive or redemptive. Heathcliff has an all-consuming passion for Catherine. When sheRead MoreHamlet- Shakespeare dramatises the tension between Passion and Reason1413 Words Ã |Ã 6 PagesÃ¯ » ¿SHAKESPEARE DRAMATISES THE TENSION BETWEEN PASSION AND REASON IN HAMLET TO WHAT EXTENT DOES THIS VIEW SUPPORT YOUR UNDERSTANDING OF THE PLAY Acts of passion and acts of reason can be differentiated by a sense of underlying tension, ShakespeareÃ¢â¬â¢s Ã¢â¬ËHamletÃ¢â¬â¢ published in 1601 explores these universal ideologies by dramatizing this underlying tension. Ã¢â¬ËHamletÃ¢â¬â¢ presents challenging representations of the traditional values of passion and reason through their varying forms. The representation of theseRead More Wuthering Heights- Is Heathcliff a man or a devil? Essay1712 Words Ã |Ã 7 PagesWuthering Heights- Is Heathcliff a man or a devil? Wuthering Heights was written by Emily BrontÃ « and was first published in 1847, it was written during the romantic period, it is a story of love, lust and sorrow all held together by extreme passion, love and hate. One of the main characters in the book Wuthering Heights is Heathcliff, he was a orphan who lived in Liverpool, we find very little about Heathcliffs past before he is adopted by the Earnshaws, which makes Heathcliff aRead MoreWuthering Heights By Emily Bronte1193 Words Ã |Ã 5 Pagesthinking about the possible consequences. The main theme of this gothic romance novel is passion. The strong emotions such as love, hate, and desire that Catherine and Heathcliff feel for each other and the people around them controls their actions and makes their behaviour excessive, driving the story forward and generating action in the novel. The character depicted as most passionate is Heathcliff. His passion is dark and vengeful. Adopted into the Earnshaw family as a child, he grew up with CatherineRead MoreHeathcliffs Personality in Wuthering Heights Essay1027 Words Ã |Ã 5 Pagesshedding a tear. Heathcliffs dominant will was being fed by Mr. Earnshaws favouritism, when he dies this changes, Heathcliff then suffers the tyranny of Hindley. From this point on, the revenge theme begins in the novel. Heathcliffs recollection of the Grange in Chapter 6 is tied this first inkling of revenge, If I might have the privilege of flinging Joseph off the highest gale and painting the housefront with Hindleys blood. Heathcliffs language at the Grange, indicated a malevolentRead MoreClaudius Character Analysis858 Words Ã |Ã 4 Pagesmost popular plays ever written. Claudius causes a war between passion and responsibility when he murders the father of Hamlet, the main character, and then marries Hamlets mother Gertrude. Claudius killed Hamlets father and then married Gertrude only so he could take the crown and become King. Claudius put passion in front of his responsibilities as Hamlets uncle and as a result of ClaudiusÃ¢â¬â¢ actions, Hamlet is forced to find revenge on him for the murder of his father and marriage of his mom.
Friday, May 15, 2020
Macbeth a play written by William Shakespeare in the 17th century shows the unexpected happens when it is least expected. In the beginning of Macbeth, Lady Macbeth is stronger and more ruthless then her husband Macbeth because her only interested in gaining power. She plans and executes a death with little remorse. Macbeth is soft, kind, loyal and initially has a conscience. Over time, Macbeths character takes a turn for the worse. He goes from the scared man that he first was into an evil man. Both Macbeth and Lady Macbeth become the people that the reader least expects them to be. In the beginning of the play Lady Macbeth is much more ruthless but throughout the play this changes and Macbeth becomes even more ruthless then LadyÃ¢â¬ ¦show more contentÃ¢â¬ ¦Macbeth gets afraid and very angry so he leaves the table. Lady Macbeth goes after her husband to get him to go back to the table and be a good host so that no one has suspicions. When Macbeth comes back he sees Banquos ghost. Macbeth turns pale after seeing the ghost and shouts at it telling it to leave. He is the only one that can see the ghost and everyone at the table thinks that Macbeth has gone mad. Macbeth and Lady Macbeth are switching places he is now the one acting of control and she is the one that is not crazy. The killing of Banquo is the beginning of Macbeth becoming a ruthless Tyrant and Lady Macbeth beginning to feel some remorse as she keeps seeing the blood of Duncan on her hands. As the play goes on Macbeth becomes more and more tyrannical and Lady Macbeth goes more and more insane. The next victims of Macbeth are different because he had a good reason to kill Duncan and Banquo. Duncan is killed so Macbeth can take his place, as King and Banquo knows about the witchesÃ¢â¬â¢ predictions, so he is a threat to Macbeth and his throne because the witches predicted that, Ã¢â¬Å"Thou shalt get kings, though thou be none.Ã¢â¬ (1iii) Macbeth has no reason to kill MacduffÃ¢â¬â¢s family except for revenge on Macduff for going to England to meet the king. Macbeth had been told by the witches to beware Macduff (IVi), he wanted Macduff out of the way. So Macbeth sent hisShow MoreRelatedMacbeth864 Words Ã |Ã 4 Pagesillustrating the characters. In the play, Macbeth, written by William Shakespeare, the characters of Macbeth and Lady Macbeth are developed through the use of clothing, sleep, and blood imagery. Through the use of clothing imagery, Shakespeare exposes and develops the character of Macbeth. In the beginning, Macbeth is seen as loyal soldier of King Duncan. When presented with the title of Thane of Cawdor, he says Why do you dress me/ In borrowed robes (I.iii.115). This changes, however after theRead MoreThe Tragic Hero Of Macbeth By William Shakespeare1724 Words Ã |Ã 7 PagesWilliam Shakespeare s play Macbeth. The play is about a hero who reaches a high position in the play and then falls because of his choices. Macbeth is a tragic hero according to Aristotle s aspects that make a tragedy. Macbeth is neither a villain nor a perfect character, he appears in the play in a high stature, he starts to make multiple mistakes and due to his actions, he causes his downfall. First of all, Macbeth is neither a villain nor a perfect hero in the play. According to Aristotle s theoryRead MoreMacbeth Appearance Vs Reality1747 Words Ã |Ã 7 PagesWilliam Shakespeare may have an answer in his play, Macbeth. The way individuals follow-up (act) on the outside and who they truly are within might be two entirely unexpected things. Some may change since they feel they do not fit in while others put on a show to be someone they are not. Regardless of which way one looks at it, if an individual attempt to be someone he is not, his reality will eventually show up at last. This is precisely what occurs in William Shakespeare s play, Macbeth. Via MacbethRead MoreMacbeth : Lightness And Darkness988 Words Ã |Ã 4 PagesMuratovic Mr. Tice Honors English 2 6 March 2017 Macbeth Essay: Lightness and Darkness Is the lightness and darkness combination, implemented by Shakespeare in the play The Tragedy of Macbeth, foreshadowing MacbethÃ¢â¬â¢s downfall? As many can identify conspicuous examples of light and darkness through characterization, the play has many hidden foreshadowing signifiers. Although many overlook the imagery created through the light and darkness in Macbeth, Shakespeare places these examples strategically to makeRead MoreMacbeth Final Soliloquy828 Words Ã |Ã 4 PagesMan s natural ambition is to thrive and achieve power. This ambition tends to be realized through wealth, relationships, social class, or faith. Ultimately, the goal to succeed is simply reflective of the underlying desire to justify one s existence. Without justification, life becomes meaningless and one becomes numb to the world that surrounds. This numbness is what depresses humans of essential emotions and commonly leads to suicide. In Act V., Scene V., lines 20-31, Macbeth s final soliloquyRead MoreA mbition and Death - the Story of the Renaissance in Macbeth1189 Words Ã |Ã 5 PagesRenaissance in Macbeth In the tragic drama Macbeth, written by William Shakespeare in 1606 during the English Renaissance, the hero, Macbeth, constantly declines in his level of morality until his death at the end of the play. Because of his change of character from good to evil, Macbeth s attitude towards other characters, specifically Duncan, Banquo, Lady Macbeth, and the witches, is significantly affected. In a larger sense, the theme of bad versus good kingship, embodied by Macbeth and DuncanRead MoreRespect and Sympathy in Macbeths Soliloquies Essay941 Words Ã |Ã 4 Pages Macbeth is a complex story of a great and popular king, named Duncan, who is murdered brutally by a horrid, vicious Tyrant called Macbeth, who was considered one of Duncans closest and most loyal friends. This tyrant brings havoc and devastation to the once almighty land of Scotland. Macbeth is an intricate character and has many different personality changes throughout the play. Shakespeare created Macbeth as a character who would capture our imaginationsRead More Literary Techniques in Shakespeares Macbeth Essay1378 Words Ã |Ã 6 PagesLiterary Techniques in Shakespeares Macbeth Without literary techniques most literature would be colorless. Therefore these techniques are very crucial in producing successful writing. Not only do they create interest, they also help in development of characters, this is especially depicted in the Shakespearean play, Macbeth. The characters developed from the different literary techniques such as irony, paradox, and imagery assist in conveying the many themes throughout the play. InRead MoreMental Insanity In Macbeth And Hamlet By William Shakespeare952 Words Ã |Ã 4 PagesWilliam Shakespeare uses insanity to contrast characters in his tragedies. Shakespeare often uses stress as a trigger to spiral his characters into this state of mind. ShakespeareÃ¢â¬â¢s tragedies Macbeth and Hamlet both contain characters that experience a great deal of stress and fall into mental unrest. This mental unrest or insanity is a device used by Shakespeare for contrasting imagery of characterization. The contrast of mental illness with mental wellness within these tragedies is shown in multipleRead MoreWilliam Shakespeare s Macbeth Essay1207 Words Ã |Ã 5 Pages 2015 Macbeth Research Paper When studying literature or reading a play, our attention is drawn to the protagonist or antagonist. Shakespeare directs our attention onto heroism, which can be seen across all of his plays like Macbeth or Julius Caesar. The protagonists Macbeth and Banquo conquer the evils that face them throughout the plot. However, the nature of violence that takes place throughout ShakespeareÃ¢â¬â¢s plays is in relation toÃ¢â¬Å"the source of the killing of the soulÃ¢â¬ (Macbeth and the
Wednesday, May 6, 2020
Emerging in the early 1980s, HIV/AIDS was an unknown disease that spread rapidly throughout the United States. In the beginning not much information was found due to this being a very new disease with a completely unknown background. As decades passed, research has increased as well as the number of cases of people reporting that they are infected. Being that 1 out of every 4 people are infected with HIV/AIDS, this disease has had such an immense impact socially, domestically, as well as politically. Due to this increase in cases, the United States Congress passed the CARE Act (Comprehensive AIDS Resources Emergency Act). Named after a young AIDS activist, Ryan White, the CARE Act helps primarily fund health care and support services forÃ¢â¬ ¦show more contentÃ¢â¬ ¦While the revision does bring up noticeable and optimistic changes such as the act also being applied to people who are HIV-positive, as well as funds being distributed across the country to rural and urban areas, rebutt als still arise and some senators still oppose this revision. While both sides of the divided senators bring up great points, the question is whether the act should remain the same or should the revision be passed and help contribute to those who are suffering from this dire disease. Being divided on a controversial topic, Senator Mike Enzi, Mary Bono, Nathan Deal, Joe Barton, and Mark Souder are all in favor to pass this revision and move on to continue this battle against HIV/AIDS. All the honorable representatives bring up very interesting point of views on why this reauthorization should be passed. Senator Mike Enzi brings up the point that it is shameful to not include people who are HIV-positive under this act. Doing so will help further contribute to the assistance needed to people who are suffering and canÃ¢â¬â¢t afford the proper treatment to help battle both HIV and AIDS. Representative Mary Bono also brings up a very good point saying that, Ã¢â¬Å"The CARE Act has for 1 6 years been a cornerstone of the care, treatment, and support services necessary for the lives of people living with HIV and AIDS. It is vitally important to maintain its support and modernize its approach to ensure it
Tuesday, May 5, 2020
Question: Discuss about the Business and Corporations Law. Answer: Facts In the present situation given, the consumer had bought a car from the supplier and the machinery of the car broke down. The validity of the insertion of an exclusion clause by the supplier which waives off his liability under the Australian law is under dispute in the present case. Issue Whether Linyu would be termed as a consumer under the Australian Consumer Law? Whether the guarantees as provided under the consumer law would have to be adhered to by the supplier in the present situation? Whether there was an unconscionable bargain on behalf of the supplier? Rule The Australian Consumer Law has sought to provide various guarantees which have to be adhered to while the supply of a good or service takes place. Also it mentions regarding the definition of a consumer. According to Section 3 of the Australian Consumer Law, a consumer is a person, whose goods and services are of kinds which are ordinarily bought for using it personally and these could be more than $40,000 (Hobart Community Legal Service Inc., 2013). The consumer law of Australia, under Section 51 states regarding the grant of title. The grant of title refers to the grant of ownership in the goods and therefore in the present situation, it was stated that the grant of the possession of the vehicle was also given. The goods which have been supplied by the supplier should be of a quality that is acceptable. If the goods are of a quality not fit for the purpose for which it was purchased then it will not be held as the good for acceptable quality. In this case, the car had been already run for 7000 kilometers. In the case of Medtel Pty Ltd v Courtney, (2003) 130 FCR 182, it was held that there lies a difference in the expectation of the fitness for a particular purpose of a good that are inexpensive and goods that are very much expensive. Whether the goods purchased meet that standard or not, has to be assessed in accordance to the information that is known at the time of the trials (Dilan, Vivi, Claudio, and Anne, 2015). In yet another case, Nesbit v Porter, (2000) 2NZLR 465, it was stated that the purpose is to be measured according to everything possibly expected out of the purchase (Michaelkeall, 2017). The standards for checking the fulfillment of the purposes should be consonant with the Section 74 D of the Trade Practices Act 1974. If the nature of the goods is not served then the goods are not of the acceptable quality. Section 55 states that the goods which are supplied carry a guarantee as to the fitness of the goods for any particular or a specific purpose for which it has been acquired. S.56 acknowledges that the goods should be related to the description for which these have been supplied (Australian Consumer and Competition Commission, 2017). According to section 57 of the consumer law, the guarantees as to the supply of goods with the help of the sample or model that has been demonstrated should be given along with the supply of the goods. Section 58 mentions the guarantee would be taking the suitable action that is to be taken by the supplier in case any damages arise. The supplier should provide the reasonable facilities for the repair of the goods. These facilities are available for a reasonable period of time after the goods have been supplied. These guarantees as stated above cannot be limited by way of a contract as mentioned in Section 64 as the contract would then be considered as void. Any term of the contract that is mentioned and excludes, modifies or alters the terms of the contract would be void and cannot be enforced (Legal Services Commission of South Australia, 2017). The case, ACCC v Valve Corporation (No 3)  FCA 196, at , was based on consumer law (Thompson, Webb, and Kuti, 2016). It was held that the exclusion of guarantees under the contract by the supplier with the intention of misleading the customer would be void (Brennan, 2014). Under Section 64 A, however, it has been mentioned that one can limit their liability under the contract; however it should be fair and reasonable to do so (Australasian Legal Information Institute, 2017). Section 260 of the Consumer Law states that the failure to comply with the guarantee would be a major failure if the goods which have been supplied are substantially unfit for purpose or if the goods do not confirm to the description given. The unconscionable bargain states that a person indulges into the unfair conduct and incorporates the terms that are not just and these terms are in favor of one party. Also these are not consonant with the equity principle of good conscience (Clarke, 2013). Application On the basis of section 3, Linyu is a consumer as she bought the vehicle for her personal use. The guarantees that have been mentioned above would be applicable in the present case. Section 54 to 58 states regarding the various guarantees that have to be fulfilled if supply of goods takes place. The car which has been sold, in the case given, is not fit for the purpose and not of acceptable quality as the gear box was not in order. In the present situation, the purpose cannot be fulfilled as the car is not fit and has been already run for 7000 kms. At the time of the purchase, this was not known to Linyu. Hence, the supplier would be held liable for the losses occurred. Also, the supplier was duty bound to provide for the facilities to the customer in case of any problem caused due to damaged goods, however this purpose was also not fulfilled. There is a guarantee of the quality of the goods. The goods are said to be of the acceptable quality if they are free from any of the defects, safe and also durable. In the present case, the vehicle is not of an acceptable quality. Its gear box was not in a working condition and already damaged. Also, the goods should be of such description which has been stated by the supplier and therefore this guarantee comes along with the supply made. The goods, as stated, must be consonant with the description otherwise these would not be fit and the supplier would be held liable for the same. This section states that a person, who sells the goods in the trade and commerce, supplies them with the guarantee that the goods would correspond to the sample which has been shown by the supplier at the time of the sale. Also the quality and condition as shown must correspond to the goods supplied. There is unconscionable bargain in the present case as the terms of the contract as incorporated by the supplier were against the good conscience. Also the supplier has majorly failed in the delivering of the goods that are fit for the purpose. There is no good conscience involved in the present dealing. The first case talks about the purpose which is shown at the time of the purchase. The same way when Linyu went to purchase the car, she was told that the car was fit for the purpose however, it was not the case. In the second case cited above it has been mentioned that the purpose should be of every kind that has to be fulfilled and is related to the supply. In the present case the main purpose that is use of the car domestically, could not be fulfilled as the car was unfit for travelling. The third case is related to the present situation as the supplier had misled Linyu by incorporating a term that worked against Linyu and in favor of the supplier (Australian Government, 2015). Conclusion Linyu being a consumer under the present case would be entitled to all the guarantees and remedies that are available to a consumer under the consumer law of Australia. References Australasian Legal Information Institute, 2017. Competition And Consumer Act 2010 - Schedule 2 [Online] https://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html Accessed on 10 January 2017. Australian Consumer and Competition Commission, 2017. Consumer guarantees [Online] https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees Accessed on 10 January 2017. Australian Government, 2015. The Australian Consumer Law - A framework overview [Online] https://consumerlaw.gov.au/files/2015/06/ACL_framework_overview.pdf Accessed on 10 January 2017. Brennan, T., 2014. The Australian Consumer Law 2010 [Online] https://www.13wentworthselbornechambers.com.au/wp-content/uploads/2014/02/Brennan-australianconsumerlawbytombrennan.pdf Accessed on 10 January 2017. Clarke, J., 2013. Unconscionable Conduct [Online] https://www.australiancontractlaw.com/law/avoidance-unconscionable.html Accessed on 10 January 2017. Dilan, T., Vivi, T., Claudio, B. and Anne, 2015. Australian Commercial Law, New South Wales: Cambridge University Press, pp. 422-423. Hobart Community Legal Service Inc., 2013. Consumer Guarantees - What you need to know [Online]https://www.hobartlegal.org.au/tasmanian-law-handbook/consumers-money-and-debts/australian-consumer-law/consumer-guarantees-what Accessed on 10 January 2017. Legal Services Commission of South Australia, 2017. Exclusion Clauses and the Australian Consumer Law [Online] https://www.lawhandbook.sa.gov.au/ch10s02s06s01.php Accessed on 10 January 2017. Michaelkeall, 2017. Nesbit vs. Porter [Online] https://www.michaelkeall.com/pdf/Nesbit%20v%20Porter.pdf Accessed on 10 January 2017. Thompson, D., Webb, K. and Kuti, A, 2016. ACL reach broadened as ACCC wins case against Valve Corporation [Online] https://www.claytonutz.com/knowledge/2016/april/acl-reach-broadened-as-accc-wins-case-against-valve-corporation Accessed on 10 January 2017. Business and Corporations Law Question: Discuss about theBusiness and Corporations Law. Answer: 1 (a) Consideration The issue in this case is related with the presence of consideration. The law of contract requires that certain elements should be present in an agreement due to which the promise becomes legally enforceable and a valid contract is created. These elements are offer, acceptance, consideration, intention and capacity of the parties. In the present case, Jane had decided to give his car to Jack without any consideration while in reality; the cost of the car was $25,000. According to the law contract, an agreement can be considered as legally enforceable only if consideration is present on the part of each person entering into the contract. In this context, consideration can be described as the benefit that the parties to the contract get or spread to get under the contract. According to the law contract, past consideration cannot be treated as good consideration (Re McArdle, 1951). In the eyes of law, consideration should be something of value (Thomas v Thomas, 1842). Therefore, every valid contract is required to have consideration. However, in the present case, while Jane had promised to give his car to Jack but no consideration has been supplied by Jack in return of this promise. The effect of this situation is that in this case consideration is not present and therefore, the promise made by Jane cannot be legally enforced by Jack. (b) Elements of Valid Contract As mentioned above, a legally valid contract requires the elements of offer, acceptance and consideration apart from the intention and the capacity of the parties. In the present case, Jane had made an offer to sell her car Jack for $25,000. The market value of this car is also $25,000. Therefore, Jack accepts the offer. Under these circumstances, it can be said that the elements of offer and acceptance are present in this case. Moreover, consideration is also present in this case in the form of $25,000 that Jack had accepted to pay to Jane as the price of the car. Under the law of contract, the notion of consideration is related with the bargain of the contract. It is presumed that in case of a contract, there is an exchange of promises (White v Bluett, 1853). Therefore in case of contract, each party should be a promisor as well as a promisee. Or in other words, each party should receive a benefit under the contract and at the same time it should also suffer a detriment. Considerat ion is the name given to this benefit or detriment (Atiyah, 1986). In this case, a valid consideration is present to support the promise made by Jane and a legally enforceable contract has been created between the parties. (c) Adequacy of Contract In this question, Jane had made an offer to Jack to sell our Lotus Super 7 sports car at a price of $2500 while in reality, the market value of the car was around $25,000. As Jack had accepted the offer, the question arises if a legally enforceable contract has been created between the parties. The basic principle provided by the law contract in this regard is that generally the courts do not going to the question of the adequacy of consideration. As a result of the freedom of contract provided to the parties, it is up to the parties to decide the consideration for the promise given by them. Therefore the only requirement is that the consideration should be something of value in the eyes of law and it is not necessary that the consideration should also be adequate (Re Wragg Ltd., 1897). The consideration can be anything that has been stipulated by the promisor, unless it is not illegal. The consideration should not be illusionary, it should have some value in the eyes of law or in ot her words, it must exist. The leading case in this regard is that of Chappell v Nestle (1960) where the court stated that even empty wrappers of chocolate can be considered as valid consideration. In Chappel v Nestle (1960), the House of Lords confirmed the traditional doctrine of the law of contract. According to this doctrine, it is not essential that the consideration to be adequate and the only requirement is that they should be sufficient consideration present to support the problems. For example in this case, Chappell Co. held the copyright for Rockin Shoes and the records of this song were being offered by Nestl to the persons who sent three wrappers of the milk chocolate bars of the company along with 1s 6d. In this regard, the Copyright Act, 1956 provides that the company will have to pay a royalty of 6.25%. This loyalty is to be paid on ordinary retail selling price of the product. In this context, Nestl claimed that the ordinary retail price of the record amounted to 1s 6d. But Chappell Co. claim that the price of the record was more. Under these circumstances, the question that has to be decided was if the empty wrappers of chocolate bar can also be created as pa rt of the consideration for the records. While deciding decision, it was the opinion of the majority of the House of Lords that although the wrappers did not have any significant economic value and ultimately, Nestl was going to throw away these wrappers, still they amounted to a part of the consideration for the records. Under the common law, it is clearly provided that consideration provided for supporting a promise under the contract needs to be sufficient but it is no necessary that the consideration should also be adequate. As a result, the only requirement is that the consideration should have some value regardless of the fact that it is appropriate or not for the purpose of meeting the return of the agreement. A valid contract is created between the parties. Therefore even if the considerations supplied for the purpose of supporting the promise is not of the same value or equal value under the exchange in the agreement, however the law will consider that the consideration is sufficient if the parties to the agreement have agreed to the exchange. According to the condition of providing legal consideration, it is only required that the parties to the agreement should agree for an exchange of some consideration under the contract. An example in this regard can be given of the case titled White v B luett (1853) where the plaintiff, Bluett sued his father's will for an outstanding debt to his father. It was claimed by the 20 that his father had promised him to give an amount and in return, the plaintiff was asked to stop complaining in the future. However the court stated that such a promise to stop complaining in future cannot be considered as a real consideration. The reason behind this decision of the court was that to stop complaining did not have any economic value. Therefore, tangible consideration should be present to support the promise made in an agreement. Moreover, in view of the freedom of contract that has been provided to the parties by the law, it is up to the parties to decide whether consideration is considered to be adequate by them. It has been left to the parties to decide the adequate consideration for the promise that has been given by them under the agreement. Consequently, generally the courts do not going to the question of the adequacy of consideration. However, the issue of the adequacy of consideration can be relevant where the court is required to decide if the contract is the result of many force fraud or duress. 2.In the present case, the buyer had reluctantly agreed to pay extra US$3 million because otherwise the shipbuilder had threatened to stop the work and on the other hand, the buyer already had a charter for the tanker. Under these circumstances, the issue arises if the extra amount promised by the buyer can be recovered or not. The leading case in this regard is that of Williams v Roffey Bros and Nicholls Contractors) Ltd (1990) in which P had entered into a contract with D to perform some carpentry work for D. However when it was clear that P will not be able to complete the work on time, a promise was made by D to pay extra money to P in order to make sure that the work was completed on time. The reason behind this promise was that D would incur liability to a third party in case the war was not completed on time. Therefore the issue that needs to be decided in this case was if D legally bound to pay the extra amount by applying the principles of consideration under the contract la w. It was stated by the court that in this case D was liable to pay the extra amount promised by him. It was stated by the court that the extra amount can be recovered if A had entered into a contract with B regarding the supply of goods or services and before the completion of the work, B has doubts that A will be able to complete the work on time or not and under the circumstances, B makes a promise to pay additional amount in return of a promise by B that the work will be completed on time and at the same time, due to this promise, B had obtained an advantage or had obviated a disadvantage, including the liability to third-party and the promise made by B was not the result of economic duress or fraud on the part of A, it can be said that the benefit to B can be treated as a good consideration for the promise made by B. This position of law was against the decision given in Stilk v Myrick (1809) where the court stated that the promise made by the master to pay extra money to the rest of the sailors when two sailors have deserted the ship, was not legally enforceable due to the reason that there was no consideration present to support the promise made by the other party. However in Williams v Roffey Bros (1990) the Court has stated that the consideration has been provided due to the benefit that was conferred by the claimant on the defendant by helping them in avoiding the penalty clause that could have been imposed by the third-party (Trebilcock, 1993). In this case, the defendants were building contractors and they had created a contract with a housing association for refurbishing 27 flats. In this contract, there was a penalty clause according to which, the defendants will have to pay damages if the work was not completed on time. On the other hand, the defendants entered into a contract with Williams for doing the carpentry work in these flats at a price of 20,000. However after six months, Williams realized that this price was too low. The defendant also recognize that the price was low and moreover the defendant was also concerned that the work may not be completed on time. Under these circumstances, the defendant made a promise to pay an additional amount of 575 for each flat that was completed on time. But later on, the defendant refused to make these additional payment. In its defense, it was argued by the defendant that no consideration has been provided by the claimant as the claimant was already under a contractual duty t o complete the carpentry work in these flats. However, the decision of the court was that the defendant is legally bound to make the additional payment. The court noted that consideration has been provided in this case in the form of the benefit that was achieved by the defendant as the completion of work on time helped the defendant in avoiding the penalty clause that was present in its contract with the Housing Society. As a result, the defendant was held liable to make the extra payments as promised by it. Thus, it was held that the defendant was legally bound to make the extra payment promised by him. In the present case also, the bar was going to suffer the loss as he already had the charter for the tanker. Under these circumstances, it can be said that the plaintiff can recover the extra amount promised by the other party to complete the ship on time. References Atiyah, P.S. (1986)'Consideration: A Restatement' in Essays on Contract, Oxford University Press Trebilcock, M. J. (1993) The Limits of Freedom of Contract (Harvard University Press, Cambridge Re McArdle (1951) Ch 669 Thomas v Thomas) (1842) 2 QB 85 White v Bluett (1853) 2 WR 75 Re Wragg Ltd  1 Ch 796 Stilk v Myrick  EWHC KB J58 Williams v Roffey Bros and Nicholls Contractors) Ltd (1990) 1 All ER 512 Chappell v Nestle  AC 87
Monday, April 13, 2020
Everybody feels he must get to the top. Dont expect an English cup of tea. Car horns, shrill and prolonged, blared one after another. Flashing sirens heralded endless emergencies, and a fleet of buses rambled past their doors opening and closing with a powerful hiss, throughout the night. The noise was constantly distracting, at times suffocating. ) The Indian immigrants fear of losing his own culture. In 1969, when I was thirty- six years old, my own marriage was arranged. The fact that he had an arranged marriage proves he doesnt want to lose his culture and go the Western way. 3) The methods of steps of copying to a new culture and a new life in America. In a week I had adjusted, more or less. I ate cornflakes and milk morning and night, and bought some bananas for variety, slicing them into the bowl with the edge of my spoon. We will write a custom essay sample on The Third Final Continent Themes or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In addition I bought tea bags and a flask, which the salesman in Woolworths eferred to as a thermos (a flask, he informed me, was used to store whiskey, another thing I had never consumed). For the price of one cup of tea at a coffee shop, I filled the flask with boiling water on the way to work each morning, and brewed the four cups I drank in the course of the day. I bought a larger carton of milk, and learned to leave it on the shaded part of the windowsill, as I had seen other residents at the YMCA do. To pass the time in the evenings I read the Boston Globe downstairs, in a spacious room with stained-glass windows. I read every article and advertisement, so that I would grow familiar with things, and when my eyes grew tired I slept. Questions 1) Explain how the narrators last visit to Mrs. Croft is significant. Give two reasons. Support your answer with the phrases/words. The narrator and his wife, Mala, had visited Mrs. Croft one last time. During this visit, Mrs. Croft acted as an icebreaker. She broke the tension between Mala and the narrator. Ever since Mala arrived, the narrator saw her as a part of his life, a duty. At the visit, Mrs. Croft asked the narrator question, which led to him answering with, Splendid! This caused Mala to laugh and Mrs. Croft wondered who she was. After a slight introduction, Mrs. Croft replied with, She is a perfect lady! causing Mala and the narrator to look at each other and smile. The moment with Mrs. Croft, was described by the narrator as the moment when the distance between Mala and me began to lessen. 2) Explain the title of the short story. The title shows that the narrator could survive life on three continents, while adapting perfectly. This title means to show readers that feats can be accomplished f they are set out to be. If the narrator could survive on three continents, then people for the narrator to finally adapt in America. 3) Depict how the narrators relationship with Mala evolved. The writers relationship with Mala first started out as tense. He felt that his marriage was like a job, something he had to wake up to and live with for the rest of his day till he went to sleep, and the cycle continued for as long as they were married. There was no feeling or love, it was Just a step taken by Indians in order to feel secure in their lives. It was their sense of security in the world, and marriage was their way of dealing. When Mrs. Croft exclaimed that Mala was a perfect lady I think both the narrator and Mala realized that if Mrs. Croft could learn to accept something new so quickly, then they could learn to embrace a new relationship. And so, the eventually fell in love, gotten used to each other, and led a happy marriage with a son who lived up to his Bengali parents expectations which sticking to the Indian culture, even all the way at Harvard.
Wednesday, March 11, 2020
Summary of 1st phone call from heaven Essays Summary of 1st phone call from heaven Paper Summary of 1st phone call from heaven Paper The first phone call from heaven tells the story of a small town called Coldwater, Michigan. The story begins when one Friday a number of people started receiving a call from their loved ones who have already died saying that life after death is wonderful, that they are happy in heaven . Tess is contacted by her mother whom she had nursed during her illness, Katherine received a call from her sister to whom she had been so close until her death from an aneurysm, Elias Rowe is phoned by a man who blames him for his death, and Jack, the chief of police is contacted by Robbie, his son who got killed in Afghanistan. At first, those people who are receiving the calls hesitated to share the news with others for fear of mockery. Until, Katherine Yellin announces on their church congregation that she is receiving a call from her dead sister. The news spread instantly, some are convinced itÃ¢â¬â¢s a miracle, some said itÃ¢â¬â¢s a hoax but whatever it is made Coldwater the center of media and peopleÃ¢â¬â¢s attention. People are drawn to this town to be a part of this miraculous phenomenon. National news reporters are sent in to cover the story. The police force is increased to maintain order among the supporters and protesters and also phone demands increased. One man named Sully Harding, recently lost his wife and struggling to be a father to a young son, strongly believes that there is no such thing as miracle and it hurts him seeing his son, Jules waiting and hoping that his mother will call him soon. Driven by this event, Sully is determined to prove whether these Ã¢â¬Å"phone calls from heavenÃ¢â¬ is true or not. He begins to investigate on his own, Sully, working for a newspaper business, finds that working on print business provide access to information that just might find the missing link that ties all these phone calls together. It involves cell phone carriers, amount of time since death, and a few other things that are too similar to ignore. With the help of Elias Rowe and the young girl from townÃ¢â¬â¢s library, he learns a couple of facts that the calls only come in on Friday, and each recipient happens to have the same cell phone plan. Something isnÃ¢â¬â¢t right and Sully didnÃ¢â¬â¢t stop investigating until he figures out what it is. Sully soon uncovered the surprising truth, he learned that the calls that other people are receiving has connection on what happened the day his wife died. Sully was in the air force, he was flying in a fighter jet when he decided to make a pit stop to visit his wife. Upon landing on the airport he was given a poor flight instruction by a young traffic controller on a bad mood. Due to this poor instruction SullyÃ¢â¬â¢s plane collided with a small Cessna resulting on accident and deaths. SullyÃ¢â¬â¢s wife, Giselle, was speeding to the airport when he saw the smoke from the accident and panicked and the air traffic controller who causes the accident sped away and crashed on SullyÃ¢â¬â¢s wife that results death for both of them. The father of deceased air traffic controller, Elliot Gray, has military intelligence experience that he was able to destroy all the data that would have implication to his son, and put all the blame on Sully, causing his imprisonment. Afterwards, the father of the dead controller accessed voicemails of different people in order to put together words and phrases that would make it seem like a call from their loved ones from heaven. The call is actually aimed for Sully, it is out of guilt for the death of Giselle but he never got the call. After Sully confronts the perpetrator, he sped away from the perpetratorÃ¢â¬â¢s home with the news about the hoax but the snowstorm sent him off the road and onto the frozen lake. Then, his phone rang, it was Giselle, his wife telling him to get out of the car because the car is going to plunge in the ice. Sully did so just in time. Then, laying on the snowbank, he heard the siren of an ambulance. Someone had called 911, he was brought in the hospital and after he spoke with the chief police officer. He learned that the Horace called in the station saying that there is a dead man at his property and when the police arrived that dead man was Elliot Gray himself. At the end of the story, Sully has proven that the Ã¢â¬Å"phone calls from heavenÃ¢â¬ are hoax. Thus, when he thought that it was GiselleÃ¢â¬â¢s voice Elliot last manipulated he scrolls his phone and check the unknown number which he heard GiselleÃ¢â¬â¢s voice on the car accident and realized that the call was made an hour after ElliotÃ¢â¬â¢s death. Sully realized that after all, he got a real phone call from heaven.
Monday, February 24, 2020
Employees should decide on what information to surrender to employers - Essay Example According to Ferdinand Schoeman Ã¢â¬Å"A person has privacy to the extent that others have limited access to information about him, limited access to the intimacies of his life, or limited access to his thoughts or his bodyÃ¢â¬ Privacy encompasses the body, mind and possessions (Persson & Hansson, 2003). Employment is an individualÃ¢â¬â¢s source of livelihood. An individual, from the time of his or her application for work up to the moment of employment is required by the employer to provide personal information. The employer determines which information the employee should divulge. Not supplying certain data may mean termination from work. An applicant for a position may even be excluded from the list of qualified candidates by not providing the information asked by the employer. But should the employers determine which type of information the employees should reveal to the employer or the former have the right to do so. Requiring a worker to reveal personal information would b e tantamount to a transgression of the privacy of the person if not work related. Employers, on the other hand, can insist that they have the right to require some information since they have to know more about the person they are hiring to work for them. Through such information, they can determine if their interest and investments would be safe from such person. Infringement into the privacy of an employee involves an ethical and legal issue. The Fourth Amendment of the US Constitution explicitly guarantees the right of people to be Ã¢â¬Å"secure in their persons, houses, papers, and effects, against unreasonable searches and seizuresÃ¢â¬ (Doyle, 2010, p. 2). Intrusion into the privacy of an employee must be justified from the start and related to the subject of the intrusion that would warrant the justification (Narducci v. Moore, 2009, as cited in Doyle, 2010). Sources of Information There are many types of information that can be taken from an individual. The usual procedure in getting information from an individual is through a form that asked for simple data such as the name of the applicant, address or status. Usually, a job applicant has to fill all the blanks that require specific information, otherwise the application will not be entertained. The employer may use these data for the background investigation of the applicant prior to hiring. Persson and Hansson (2003) mentioned three other sources of information, which are drug testing, genetic testing and surveillance, all of which are related to privacy issue. Genetic testing has two forms, genetic screening (which identifies Ã¢â¬Å"possible genetic predispositionsÃ¢â¬ to diseases caused by chemicals) and genetic monitoring (which identifies diseases that resulted from chemical exposure in the work area) (Persson & Hansson, 2003, p. 59). Genetic testing may result to a social stigma although the employee does not actually develop the disease (Brady, 1995, as cited in Persson & Hansson, 2003). An individual can also be subjected to the Ã¢â¬Å"Hitler mentalityÃ¢â¬ wherein those who do not fit the perfect race concept will become outcast in society (Brady, 1995, p. 52, as cited in Persson & Hansson, 2003, p. 60). Other information may not be as permanent as the genetic code, such as the personal items brought into the office, or the movement of the employee within the company premises. The latter case will fall under the third category mentioned by Persson and Hansson (2003), which is surveillance. The Ã¢â¬Å"smartÃ¢â¬ ID badges, for instance, can track down the whereabouts of a person anywhere within the building (Persson & Hansson, 2003). Tracking an employee while answering the call of nature would be irrelevant for the employer. And at that moment, the employee