Wednesday, January 29, 2020

Role of the nurse Essay Example for Free

Role of the nurse Essay The nurses in the Capulets household is the superior to that of a normal servant. Juliet seems to have taken the place of the daughter she once had and everything she does, she does for Juliets benefit. She is bossy with the other servants, knowing she has a special place in the family. She is a simple soul who is an easy target for Mercutios lewd ribbing. She is long-winded as well as rather rude and bawdy, but she seems sincere and makes the audience laugh with her rather than at her. As the story develops she becomes more and more a part of the conventional world that opposes and fails to understand the passion of Romeo and Juliet for each other. In the play, the Nurse serves as a mother figure to Juliet. She is a confidant, advisor and helper to Juliet. It is her relationship with Juliet that gives importance to her role in the play. The Nurse was the one who revealed to both Romeo and Juliet the identities of each other i.e. that Romeo was a Montague and Juliet a Capulet. She was also the go-between for Juliet and Romeo, delivering messages and notes from one to another. Thus, she played a key role in bringing about their marriage and its consummation. Not only does she contribute heavily the plot, the Nurse is also vital in the area of characterization. Her vulgarity and pragmatic views of love and marriage are in stark contrast to Juliets purity and passion. This emphasizes the pure and sacrificial love between Romeo and Juliet. The Nurses advise to marry Paris and give up Romeo also showed us the change in Juliet when she held fast to her love for Romeo and called the Nurse a wicked fiend for her hypocritical behaviour. The Nurse is a complex character with many sides to her personality. She displays both attractive and repulsive qualities at the same time. Firstly, it is obvious that she is genuinely fond of Juliet. This can be seen from her loving reminisces of Juliets childhood and her affectionate  calling of Juliet by names such as lamb and child. Also, she teasingly finds excuses to increase Juliets impatience for news of Romeo by talking about her various aches and pains. She acts as a go-between for Romeo and Juliet, carrying messages back and forth for the two lovers and does what they ask her to do for them. For example, she helps Juliet find out news about Romeo, and she helps Romeo procure a rope ladder. She also refuses to accept Romeos gift of money for these services at first, indicating her willingness to serve her mistress. This love for her young mistress naturally leads her to become protective of Juliet. She warns Romeo not to lead Juliet into a fools paradise, for that would be a gross kind of behaviour. Also, she wishes that she could see Juliet marry well. [Act I Scene III] When Capulet scolds Juliet for refusing to marry Paris, the Nurse speaks up for Juliet, saying that Capulet is to blame for rating her so, and that he should not scold her so badly. The Nurse sometimes speaks so much that even Lady Capulet has to tell her to keep quiet. This shows that she can be irritating at times and is also a gossip. She is also boastful, and claims all credit for Juliets upbringing. Her views of love and marriage differ greatly from Juliets. She advises Juliet that it best you married with the County because she thinks that Juliet will be happier in her second match. Your first is dead, or t were as good he were, As living here, and you no use of him Thus revealing that she does not believe in faithful and romantic love. She is also rather bossy with the other servants, ordering Peter around, because of her close association with Juliet and her parents. My fan, Peter. Ah, wheres my man? Give me some aqua-vitae. The Nurse is also fickle. Once she hears of Romeos banishment, she advises Juliet to marry Paris, comparing Romeo to him and pointing out his flaws. O, hes a lovely gentleman! Romeos a dishclout to him Although this could be viewed as practical, yet it is a violent contrast to her earlier praising of Romeo and comes across as being rather hypocritical, as Juliet observed in the lines, O most wicked fiend! To dispraise my lord with that same tongue Which she hath praised him with above compare So many thousand times! The Nurse does not seem to have got too carried away with the situation, but is eager for Juliet to marry. She offers no advice or caution to what Juliet should be doing, although she clearly knows that Juliet is young and inexperienced. She also makes no effort to suggest that this will be a problem. Like Friar Laurence, she goes behind her employers backs, acting as Romeo and Juliets messenger, such as when she is asked by Juliet to discover Romeos identity. At first the Nurse admires Romeo, Why hes a man of wax (Act 1 Scene 3), but warns him not to lead Juliet into a fools paradise (Act 2 Scene 4), probably mostly because Juliet is still very young and naà ¯ve. After Tybalts death, the nurse turns against Romeo Will you speak well of  him that killed your cousin (Act 3 Scene 2), Shame come to Romeo (Act 3 Scene 2). Finally, when Juliet needs the Nurse most Comfort me, council me when her parents tell her that she must marry Paris, the Nurse disappoints her by simply telling her that it would be better to marry someone to support her. Why does the Nurse fail as an advisor to Juliet? Although the Nurse genuinely loves and cares for Juliet, yet she does not understand the love and passion Juliet has for Romeo. The Nurse, unlike Juliet, is vulgar in nature and views of love and hence cannot comprehend why Juliet prefers Romeo to Paris. The Nurse advises Juliet to marry Paris, a very eligible and wealthy bachelor, as she does not believe in loyal and faithful love. Thus, she loses Juliets love and trust and Juliet does not confide in her Friar Lawrences plan to drink the potion. Hence, the Nurse is unsuccessful in protecting and caring for Juliet due to her lack of understanding, indirectly bringing about the final tragedy of her death. Romeo and Juliet, is a story of two young lovers whose love was destined for destruction. They did not imagine that their love would lead to the tragedies that it did. These two young people did nothing wrong except fall in love. Three aspects of their destruction included the feud between the two families, the nurse and her betrayal of Juliet and the most important aspect of all is fate.

Monday, January 20, 2020

Native Son Essay: Bigger as a Reflection of Society -- Native Son Essa

Bigger as a Reflection of Society in Native Son    In Native Son, Wright employs Naturalistic ideology and imagery, creating the character of Bigger Thomas, who seems to be composed of a mass of disruptive emotions rather than a rational mind joined by a soul. This concept introduces the possibility that racism is not the only message of the novel, that perhaps every person would feel as isolated and alone as Bigger does were he trapped in such a vicious cycle of violence and oppression. Bigger strives to find a place for himself, but the blindness he encounters in those around him and the bleak harshness of the Naturalistic society that Wright presents the reader with close him out as effectively as if they had shut a door in his face. In the first book, Wright tells the reader "these were the rhythms of his life: indifference and violence; periods of abstract brooding and periods of intense desire; moments of silence and moments of anger -- like water ebbing and flowing from the tug of a far-away, invisible force" (p.31). Bigg er is controlled by forces that he cannot tangibly understand. The society seems to bear down upon him like a weight, and only by being nonconformist to all philosophies does Bigger feel that he can throw off that weight of oppression and misunderstanding.    Bigger's many acts of violence are, in effect, a quest for a soul. He desires an identity that is his alone. Both the white and the black communities have robbed him of dignity, identity, and individuality. The human side of the city is closed to him, and for the most part Bigger relates more to the faceless mass of the buildings and the mute body of the city than to another human being. He constantly sums up his feelings of frustration as wan... ...ght's Art of Tragedy. Iowa City: U of Iowa Press, 1986. Kinnamon, Keneth and Michel Fabre, eds. Conversations with Richard Wright. Jackson: University Press of Mississippi, 1993. Kinnamon, Keneth. The Emergence of Richard Wright: A Study Literature and Society. Urbana: U of Illinois P, 1973. Kinnamon, Keneth, ed. New Essays on Native Son. New York: Cambridge UP, 1990. Macksey, Richard and Frank E. Moorer, eds. Richard Wright: A Collection of Critical Essays. Englewood Cliffs, NJ: Prentice-Hall, 1984. Margolies, Edward. The Art of Richard Wright. Carbondale: Southern Illinois UP, 1969. Miller, Eugene E. Voice of a Native Son: The Poetics of Richard Wright. Jackson: University Press of Mississippi, 1990. Rampersad, Arnold, ed. Richard Wright: A Collection of Critical Essays. Englewood Cliffs, NJ: Prentice Hall, 1995.         

Sunday, January 12, 2020

Explain Why It is Difficult to Measure Unemployment Essay

Measuring unemployment accurately is made difficult because of imperfect knowledge. Not all instances of unemployment are recorded, and some records of unemployment may not be accurate. Because the unemployed are eligible for benefits, some individuals may work, but not disclose it, and claim benefit. Conversely, many unemployed may not bother to inform the authorities, and this unemployment goes unrecorded. The Claimant Count records those claiming unemployment benefit (Job Seekers Allowance, or JSA) and can prove they are actively looking for work. It excludes housewives and those on training schemes. The Claimant Count may not reflect the true level of unemployment in the UK economy, given that not all the unemployed will bother to claim, and some are deterred because they cannot prove they are looking for work. This is especially true of part-time employees who are much less likely to register as unemployed compared with full-time workers. While some individuals may fraudulently claim, it is generally recognised that the Claimant Count under-estimates actual unemployment levels. The labour force survey is undertaken by the International Labour Organisation (ILO) and is a more direct assessment of unemployment, rather than those who claim benefit. It is based on an interview of a sample of 60,000 households (approximately 120,000 people) and tries to measure ‘unemployment’ as a whole, rather than those simply claiming benefits. To be considered as being unemployed individuals must: Have been out of work for 4 weeks. Be able to start work in the next 2 weeks, so they must be readily available for work. Workers only need to be available for work for one hour per week, so part-time unemployment is included in the measurement, though these workers are unlikely to claim unemployment benefit. This tends to make ILO unemployment much higher than the Claimant Count.

Saturday, January 4, 2020

Creative Managment Essays Creative Management - 1216 Words

Creative Managment Essay, Research Paper Creative Management gives creative ideas of how a manger should present himself and how to approach different situations. Creative Management written by Shiegru Kobanashi, focuses mainly on the importance of teamwork, and on group management. How can we transform our present methods of production, under which we become slaves to machines, and regulations for the temporary increase in productivity, into one in which we are the masters of our work? How can we establish a system, which will make people work voluntarily and feel good about doing it. The book starts with waking up make sure you have proper hygiene. Wear simple clothes. Not close that stand out. A fussy dresser doesn?t impress people, but it gives a false impression of the person wearing the clothes you should wear clean, pleasing clothes that match your personality. A manager should always meet someone with a smile. It will lighten the mood and there is no better way to show your personality them by your smile. ?Face every day with a smile, and you will lead a pleasant life everyday.?(Page 86) It expresses the importance of saying the simple words good morning and good night. When talking to employees you should speaking sincerely and low toned which will make others understand your thinking or feeling. Speaking forcefully and loud with raw emotion can affect other people as well as yourself. The book also emphasizes the importance of a manager to use empathy when dealingShow MoreRelatedA Hierarchical Taxonomy of Leadership Behavior8131 Words   |  33 PagesThere was strong support for a threefactor solution in each national sample, and the factors were labeled production centered, employee centered, and change centered. The latter factor included promoting change and growth, providing creative solutions, encouraging creative thinking by others, experimenting with new ways of doing things, making risky decisions when necessary, and planning for the future. Scales were formed using the best items from the factor analysis. Change-oriented behavior correlatedRead MoreThe Sound and Music Industry15531 Words   |  63 PagesOutcome(s)/Assessment Criteria: 39 The Sound and Music Industry 1 Assignment BRIEF: This assignment will introduce different areas of the music industry and should on completion, provide an overview of the ‘bigger picture of the industry as a whole. This essay is split into (a) areas (b) careers and (c) royalties but there is obviously a lot of overlap between these areas throughout. Hunter S Thompson said of the record industry ‘It is a cruel and shallow money trench, a long plastic hallway where thievesRead MoreOrganisational Theory230255 Words   |  922 Pagesstyle of writing set the book apart, making it an ingenious read which invites reflexivity, criticalness and plurality of opinion from the audience. This is a book that will become a classic in organization studies. Mihaela L. Kelemen, Professor of Management Studies, Keele University, UK An unusually rich and deep philosophical book on organization theory with several new thinkers and ideas. Pedagogically a well-structured book with many clear learning objectives, cases, examples and good summariesRead MoreTop 1 Cause for Project Failure65023 Words   |  261 PagesLacking Sponsor s Involvement/Ownership #2. Halo Effect (Wrong Man for the Job) #3. Poor HR Management #4. Poor/Inadequate Project Communications #5. Ignoring Project Stakeholders #6. Absence of Risk Management #7. Scope Creep/Unrealistic Expectations ( scope creep: Frequent and uncontrolled changes in the scope or requirements of a project) #8. Lack of Monitoring of Plan #9. Absence of a Project Management Methodology #10. Simple BAD LUCK :) You may feel free to chose any of the above and/orRead MoreInformation Technology Implementation Issues: an Analysis45771 Words   |  184 Pagesaddition, this study will provide an exploratory look at the problematic issues surrounding IT implementation and how local government administrators--in particular--perceive them. More specifically, this study provides the following: a discussion of management and organizational issues that have a direct relationship to IT and local government implementation needs; a discussion of the problems which are specific to local government executives with regard to IT implementation; a comprehensive view of theRead MoreProject Managment Case Studies214937 Words   |  860 PagesPROJECT MANAGEMENT CASE STUDIES, SECOND EDITION - PROJECT MANAGEMENT CASE STUDIES, SECOND EDITION HAROLD KERZNER, Ph.D. Division of Business Administration Baldwin-Wallace College Berea, Ohio John Wiley Sons, Inc. This book is printed on acid-free paper. @ Copyright O 2006 by John Wiley Sons, Inc. All rights reserved. Published by John Wiley Sons, Inc., Hoboken, New Jersey Published simultaneously in Canada No part of this publication may be reproduced, stored in

Friday, December 27, 2019

No Child Left Behind Act Essay - 1646 Words

The No Child Left Behind Act was based on the Elementary Secondary Education Act of 1965. The act was established based on the promise of Thomas Jefferson to create a free public education system in Virginia (Hammond, Kohn, Meier, Sizer Wood, 2004). The act is now reauthorized as the No Child Left Behind Act of 2001. The purpose of the No Child Left Behind Act was to make sure that children were given a fair, quality education. The act set out to close the achievement gaps in education, which were caused by children living in poverty, living with disabilities, children who were of different ethnic backgrounds and English learners. The proposed methods of the act targeted all children and provided an equal opportunity to meet†¦show more content†¦Also, the amount of teachers qualified was a concern. The ratio of student to teacher in the classroom was an issue. Many classrooms were overcrowded which makes it hard for teachers to focus on students individually if assistance was needed. Teachers in turn were not able to receive assistance from teacher aides. Strength of all individuals is culture. The ethnic background of the children was taken into consideration. Federal funding was used to provide more training to teachers in relation to cultural competency and technical skills. The teachers will take into consideration a child’s culture and their ability to learn and retain information. In addition, the use of technology provided a full range of technical skills to analyze data to improve quality of decision-making skills and classroom experience (United, 2010). Areas of academic achievement for students with disabilities were a concern addressed in the No Child Left Behind legislation. This concern was very important in the special education community. No Child Left Behind took into consideration, The Individuals with Disabilities Education Act. This act focused on the delivery of education services to students with disabilities, it focused more on educating children with disabilities. While No Child Left Behind took this act into consideration, it also considered the outcome of education receivedShow MoreRelatedNo Child Left Behind Act Essay1166 Words   |  5 Pages1. Definition of the Policy The No Child Left Behind Act of 2001 (NCLB) signed into law by President George W. Bush on January 8, 2002, is a comprehensive overhaul of the federal governments requirements of state and local education systems (www.nclb.gov). It reauthorizes the Elementary and Secondary Education Act of 1965 and replaces the 1994 Improving Americas Schools Act. 2. General Background Information President Bush has made education his number one domestic priority (www.ed.gov). OnRead MoreNo Child Left Behind Act Essay642 Words   |  3 PagesNo Child Left Behind Act Making the NCLB Act effective is quite a chore for the federal and state legislation. The positive influences for the act are quite controversial. Accountability standards are set and measured on a yearly basis by each individual state. The educator’s qualifications and standards are also state and federally mandated. Reading, math and writing are the key academic subjects that are measured. The goal is to close the gap among race, socioeconomic groups, and disabledRead MoreEssay on No Child Left Behind Act3562 Words   |  15 PagesThe No Child Left Behind Act Alexis Cross His 324 Dr. Stephan Law February 20, 2010 No Child Left Behind Outline: 1. Introduction a. What I will be writing about b. Why I chose my topic c. What will be covered 2. The NCLB Act d. How it came to be e. What was proposed f. How it has been enacted 3. The NCLB Act g. Arguments in favor of h. Arguments against 4. Statistics i. How the NCLB Act has had a positive impactRead MoreEssay on The No Child Left Behind Act1440 Words   |  6 PagesInitiated in 2002, the No Child Left Behind Act (NCLB) of 2001 intended to prevent the academic failures of educational institutions and individual students, as well as bridge achievement gaps between students. This act supports the basic standards of education reform across America; desiring to improve the learning outcomes of America’s youth. No Child Left Behind has left many to criticize the outcomes of the Act itself. Questions have risen concerning the effectiveness of NCLB, as well as theRead MoreNo Child Left Behind Act Essay710 Words   |  3 PagesThe No Child Left Behind Act of 2001, President George W. Bushs education reform bill, was signed into law on Jan. 8, 2002. The No Child Left Behind Act says that states will develop and apply challenging academic standards in reading and math. It will also set annual progress objectives to make su re that all groups of students reach proficiency within 12 years. And the act also says that children will be tested annually in grades 3 through 8, in reading and math to measure their progress. Read More No Child Left Behind Act Essay examples695 Words   |  3 PagesNo Child Left Behind Act The No Child Left Behind Act of 2001, President George W. Bushs education reform bill, was signed into law on Jan. 8, 2002. The No Child Left Behind Act says that states will develop and apply challenging academic standards in reading and math. It will also set annual progress objectives to make sure that all groups of students reach proficiency within 12 years. And the act also says that children will be tested annually in grades 3 through 8, in reading and math toRead MoreEssay about The No Child Left Behind Act1170 Words   |  5 PagesThe No Child Left Behind Act Education has changed a lot in the past few years. Most significant of all changes has been the implementation of the No Child Left Behind Act set up by President Bush in 2001. The NCLB Act was established to help close the education gap in public schools. Students from every background have been and are currently affected by NCLB, as well as are teachers. The standards have been set, and the race has begun to see which states and school districts will showRead MoreEssay on No Child Left Behind Act (Nclb)858 Words   |  4 PagesNo Child left Behind Act (NCLB) In 2002, President Bush signed into law No Child Left Behind Act, to ensure that every state is testing every child. (http://www.whithouse.gov/infocus/education/2007) Students from culturally, and linguistically backgrounds, expanding access to tutoring, help parents to get information in time for their children. Our children must be equipped with the knowledge and skills to compete in the global economy. (Judy,R.,Reading in content areas.pg.71,2006) It is importantRead More The No Child Left Behind act of 2001 Essay1973 Words   |  8 PagesThe No Child Left Behind act of 2001 Control of the public education system has been left to the State for most of the country’s history, it was not until the 1950’s that the federal government played a role in categorical programs, but the national government refrained from involvement in academics until the 90’s. Three days after taking up his position in office, George Bush announced his plan for the No Child Left Behind act (NCLB) which was a consolidated reform of the 1962 Elementary and SecondaryRead MoreThe Debate Over the No Child Left Behind Act Essay1014 Words   |  5 PagesThe current debates surrounding the No Child Left Behind Act of 2001 are both positive and negative. Many politicians and people that previously supported the Act are now standing against it. In the beginning many supported the new Act because everyone was aware that a change needed to happen in the education system and the proposal of No Child Left Behind seemed like the answer we were looking for. As the No Child Left Behind requirements began to be felt in the school systems across America

Thursday, December 19, 2019

An Analysis Of Kate Chopin s Desiree s Baby

The Outlook of Racism in the 19th Century Written prior to the Civil War and published in 1893, Kate Chopin’s work â€Å"Desiree’s Baby† is a short story about miscegenation within a French family living in Louisiana in the late nineteenth century. Miscegenation is defined as the mixture of different racial groups, through marriage or cohabitation, between a white race and a member of another race. Chopin writes this piece of realistic fiction which exposes the issues of society that would not be faced until many years after her death. â€Å"Desiree’s Baby† revolves around two main characters, Armand Aubigny and Desiree Valmonde, who bears a child; however, the baby’s appearance does not turn out as expected. Influenced by Realism, â€Å"Desiree’s Baby†Ã¢â‚¬ ¦show more content†¦Moreover, when Armand and Desiree’s baby is born, Armand’s behavior transforms a little: â€Å"he hasn’t punished one of them – not one of them – since th e baby is born. Even Negrillon, who pretended to have burnt his leg that he might rest from work – he only laughed, and said Negrillon was a scump. Oh, mamma, I’m so happy; it frightens me† (Chopin 540). Armand becomes a little more tolerant towards the slaves, but it can be inferred that he is a master who punishes his workers, is harsh, and has no consideration towards them. Armand views blacks and anyone being of the mixed-race inferior to the race to which he belonged. Furthermore, Chopin effectively uses Realism to focus on the cultural struggles and social issues during her time. One of the controversial topics which Chopin exposes is racism. In â€Å"Desiree’s Baby,† Chopin argues that racism can destroy a family, community, or society. As Armand realizes the fact that their baby shows physical features of black ancestry, his attitude towards Desiree and the baby changes too: â€Å"Then a strange, an awful change in her husband’s manner, which she dared not to ask him to explain. When he spoke to her, it was with averted eyes, from which the old love-light seemed to have gone out† (Chopin 540). Armand’s realization causes him to distance himself from everyone, later questioning Desiree and blaming her, due to her unknown origins: â€Å"It means,† he answered lightly, â€Å"that the child is notShow MoreRelatedAnalysis Of Desiree s Baby By Kate Chopin1446 Words   |  6 PagesAnalysis of Desiree’ s Baby In the story Desiree s Baby by Kate Chopin the plot mainly revolves around race issues and also includes elements of sexism. In terms of race the difference between being white and being black shows vital importance in the characters lives through the story. As Desiree and Armand both originally associate themselves with the white class, once the plot unveils their black heritage they are faced with uncertainty, and ultimately their lives become meaninglessRead MoreAn Analysis Of Kate Chopin s Desiree s Baby Essay1067 Words   |  5 Pages Kate Chopin life and her short story Dà ©sirà ©e’s Baby Chopin was an American novelist and she also wrote many short stories. Chopin was a feminist pioneer movement on American literature and the world. Chopin was born in St. Louis Missouri on February 8, 1850. Her father was an Irish immigrant who was a very successful businessman. Chopin father died when she was a little girl. For that reason, she grew up with her mother and grandmother since she was a child. She was an insatiable reader and thatRead MoreAnalysis Of Kate Chopin s Desiree s Baby 987 Words   |  4 Pagesunderstanding of people are compromised.† Kate Chopin’s story, â€Å"Desiree’s Baby† is a story solely of racial identity, sexism, pride and love. Throughout, there’s symbolism to indicate unequal gender functions, as well as racial prejudice. Readers become mindful of the effects love and pride has over actions, as the story foreshadows numerously. Thoroughly, analytical evidence will focus on the irony of racial identity, symbolism of sexism, pride and love. Desiree’s Baby is a short story centered directlyRead MoreAnalysis Of Desiree s Baby By Kate Chopin919 Words   |  4 PagesDesiree’s Baby†: An Annotated bibliography Thesis: Kate Chopin combines the racial and social differences on the eighteen century, in which people have to face racial discrimination amongst a social empire, which brings many conflicts within diverse couples about their firstborns. Chopin, Kate Desiree’s Baby. Short Stories (print 7/14/2015). In the short story, Desiree’s Baby, written by Kate Chopin there is a about of karma and consequences that produce the drama on the literature. The storyRead MoreAnalysis Of Kate Chopin s Desiree s Baby 951 Words   |  4 Pagesa major problem in the late nineteenth century. In Kate Chopin’s â€Å"Desiree’s Baby†, there were characters with extreme views towards race which led to a gruesome death. The major conflicts in â€Å"Desiree’s Baby† are from Armand assuming what he thought about Desiree was right, and not taking another answer that could be a possibility. Armand was the antagonist of the story and struggles against the beliefs that the country has about race. Desiree, the protagonist was in conflict with Armand over whoRead MoreAnalysis Of Kate Chopin s `` Desiree s Baby ``822 Words   |  4 PagesRegionalism reflected in Kate Chopin’s Writings During the latter half of the nineteenth-century, American literature had a renaissance with the development of new writing styles that strived to fully grasp and express the American way of life. Regionalism, which is a writing style that incorporates setting, dialect, and local color of certain regions of the United States was prominent among these new writing styles. Kate Chopin, one of the most prominent feminist writers of the nineteenth-centuryRead MoreAn Analysis Of Armand Aubigny s Desiree s Baby 1538 Words   |  7 PagesArmand Aubigny’s Pride in â€Å"Desiree’s Baby† by Kate Chopin Through history, we have always yearned independence and equality as human beings. Undoubtedly, Kate Chopin is an extraordinary example She has landed a commendable place among American writers worthy of recognition. Born in St. Louis, Missouri in 1850, Kate was raised by strong women who taught her the value of an education. Her family gave her a revolutionary vision and a feminist personality, but it was her talented and passionate skillsRead MoreAn Examination Of How Kate Chopin s Work1298 Words   |  6 PagesENGL 1102 – Comp/Lit Essay 2 (Mulry) Sellers, James R – 920022413 Due Date: April 20, 2015 An Examination of How Kate Chopin’s Works Taken Together Contribute to our Understanding of Her Time and the Place of Women in Society Looking at themes present in his short stories and novels, Kate Chopin presents examples of female strength and an assertive rebellion to the social norms during the late 1800s. By seeking to transparently and boldly portray the risquà © behavior of her lead characters, whichRead MoreInferences Lead to Tragedy: Irony that Ruins in Kate Chopins Desirees Baby744 Words   |  3 Pages Kate Chopin utilizes irony in â€Å"Desiree’s Baby† to warn people of the dangers of racism and how it can victimize not only the hated race, but also the one who is racist. â€Å"Desiree’s Baby† is a tale about a young slave owner, Armand, with a well-respected name in Louisiana. He marries an adopted woman named Desiree and once they have their child, he notices that the baby has black features. He assumes that since he does not know his wife’s racial background that his wife must have some sort ofRead MoreDesiree s Baby : A Literary Analysis1582 Words   |  7 PagesDesiree’s Baby—A Literary Analysis In the short story, â€Å"Desiree’s Baby,† Kate Chopin exposes the harsh realities of racial divide, male dominance, and slavery in Antebellum Louisiana. Although written in 1894, Chopin revisits the deep-south during a period of white privilege and slavery. Told through third-person narration, the reader is introduced to characters whose individual morals and values become the key elements leading to the ironic downfall of this antebellum romance. As Chopin takes the

Wednesday, December 11, 2019

Law of Contract Far East Corporation

Question: Describe about the Law of Contract of Far East Corporation. Answer: Issue The major issue in the given case is the establishment of a contract between Mojo Beverages and Ben. It is only when a contract exists between the two that the next issue of whether Ben can claim anything from Mojo Beverages arises. Law The law of contract is a very important piece of legislation that is required in any governed society. To make a valid contract, it is necessary that all the contract elements should be met lawfully. The main contract elements that are required are offer, acceptance, consideration, capacity and intention of the parties. (Small Business Development 2016) An offer is an element with the help of which a contract can be initialed. An offeror is the person who makes a contract to an offeree. Through an offer, an offeror basically communicates his desire to an offeree which he expects to be performed or acted upon by him (Smith v Hughes (1871). When an offer is made, then it must reach an offeree to be effective, thus, communication of offer is very necessary to make such an offer valid (Carlill v Carbolic Smoke Ball Co (1893)) (Moles R 1998). When no offer is made by a person, but when offers are invited through advertisements, auctions, tenders, etc, then, such actions are invitation to offers and the person who relies on such invitation can make an offer to the inviter Partridge v Crittenden (1968). Thus, in invitation to treat, an inviter acts like an offeree and the person who makes an offer based on an advertisement is an offeror. (Moles 1998) Also, an offer can be unilateral or bilateral. A unilateral offer is an offer under which when an offer is made by an offeror to people then such an offer is an open offer and does not requires any formal, written or oral acceptance to make a binding contract. In unilateral offers, it is an action of the offeree which can be regarded as deem acceptance ( an acceptance by way of conduct) and if the offeree has acted as per the desired wish of the offeror, then, a contract stands concluded as soon as such desired actions is undertaken by an offeree (Great Northern Railway Company v Witham (1873). (Gibson Fraser 2014) Also, in law, when a valid offer is made by an offeror, then, such an offer must be validly accepted by an offer to make a binding contract with an offeror. An acceptance should be made as per the desired requirements of an offeror Brogden v Metropolitan Railway Co. (1877). In order to make an acceptance valid it is necessary that the same must be communicated to an offer and the acceptance must not bring any changes in the terms of the offer (Powell v Lee (1908). (The Law Teacher 2016) However, in unilateral offers, an acceptance by way of conduct is considered to be a deem acceptance and a valid contract does exits amid the parties (Carlill v Carbolic Smoke Ball Co (1893). Application As per the given facts, Mojo Beverages has issued an advertisement through which it has invites people to catch Lord Harry, a trout, against a price of $100,000. Thus, can the action of Mojo Beverages can be regarded as an invitation to treat or offer by relying on the leading case of Pharmaceutical Society v Boots Chemists (1953). The answer is no, because an offer at times can be unilateral or bilateral. In the given situation, Mojo Beverages has made a unilateral offer through an advertisement and any person who will act as per the requirements of Mojo Beverages will make a binding contract with it. So a valid offer is made by Mojo Beverages to the world at large or the offer can be regarded as an open offer. Further, the true prize that was promised by Mojo Beverages is $1,000 and not $100,000. Ben after knowing the correct offer acted as per the requirements of the advertisement. He is fully aware of the rectified offer and has given his acceptance by acting as per the desires of Mojo Beverages as the offer which was made was a unilateral offer. So, it is the actions of Ben which must be considered as deem acceptance by relying on (Carlill v Carbolic Smoke Ball Co (1893)). Conclusion Thus, a valid offer is made by Mojo Beverages which is duly accepted by Ben against a valid consideration of $1,000 and the parties are capable and legally intent to abide by the contract. Since, a valid contract exists amid Mojo Beverages and Ben, thus, Ben has right to sue Mojo Beverages for the claim of prize money. Issue The main issue that requires analysis is whether the commercial interactions that took place amid Livestock Brokers (Brokers) and Dorper Sheep Sellers Pty Ltd (Sellers) results in the establishment of any contractual relationship. Also, the scope of relationship is also evaluated when the communication was made by fax which was never reached by Dorper Sheep Sellers Pty Ltd. Law To make a valid contract, it is necessary that all the contract elements should be met lawfully. The main contract elements that are required are offer, acceptance, consideration, capacity and intention of the parties. (Small Business Development 2016) Now, an offer is the communication which is made by an offeror to an offeree. In an offer an offeror sends his expectations and desires to an offeree which he believes to be comply with by an offeree (Gibson v Manchester City Council - CA (1978). An offeree must receive the offer to make an offer legal and effective (Carlill v Carbolic Smoke Ball Co (1893)). Now, whenever an offer is made by an offeror, then, it is the responsibility of an offeree that he must confirm such an offer, this confirmation of offer is called acceptance in law. When an acceptance is made, then a binding contract is made amid the parties but such an acceptance must reach the offeror in order to be effective. In the law of contract, an acceptance is complete only when it reaches the offeror. But, when an acceptance is made by post, then, acceptance is complete as soon as the letter is posted Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH (1983). There is no requirement of further communication, but, the rule is not applicable when an acceptance is made by fax and is held in EntoresLtd v Miles Far East Corporation (1955) Mendelson-Zeller Co Inc v T C Providores Pty Ltd(1981). (Hill S 2001) Further, an acceptance must correspond the offer and if any deviation is made in the terms of offer then it is not acceptance and the offer lapses. But, in Hyde v Wrench ((1840)) it was held that requesting information is not counter offer or acceptance and does not terminate an offer (Stevenson v. McLean(1880). (The Law Teacher 2016) Application In the given scenario, when Sellers sends a letter to Brokers through which he sets out the number of sheep flock for sale at a particular price, then, it is an offer which is made by Sellers to Brokers. Seller has given 14 days time to Seller to accept the offer so made. Now, it is submitted that a valid open offer was made by Sellers to Brokers and Brokers must accept such an offer within 14 days. However, before that, Brokers has made few inquiries regarding the offer which was made by Seller. But, as per Stevenson case, mere seeking information or requesting information regarding the offer is not a counter offer and does not lapse the offer. Broker has asked for information on 6th June, such letter of request is not a counter offer and the offer of Seller is still valid. Also, on 14th Broker sent a fax to Seller accepting the offer, the same was received by Seller on the same day. Thus, since no postal rule is applicable when acceptance is made by fax, thus, the acceptance must receive the offeror it orders to make an acceptance valid. The acceptance by Broker was validly received by Seller so the communication of acceptance is compete and is valid. Now, when Broker has sent his acceptance by way of fax on 14tth June, then it was considered as valid as the same was duly received by Sellers on the same day. However, if the same is not received by Seller on 14th itself dues to transmission error then the acceptance would not have been said complete in the eyes of law as no postal rule is applicable when an acceptance is sent by fax. So it is necessary that the same must be communicated to an offeror in order to be complete. Since, the same is not communicated because of transmission error, so the acceptance is incomplete resulting in no acceptance by Broker. So there is no contract between Broker and Seller. Conclusion So, there is a valid contract that is established amid Seller and Brokers as there is a valid offer which is made by seller and a valid acceptance is also communicated back by Brokers resulting in a valid contract amid the two. Also, if the fax is delayed then there is no acceptance and thus no contract. III Issue The basic problem that revolves around the given case study is Can the owners of Prince Mall, Westphalia Marts Pty Ltd, force Stuart to pay the full amount along with short fall? Law This issue requires analysis of some of the basic principles of the law of contract. Whenever, any two persons wishes to make a contract between themselves, then, one party must always make an offer which is duly accepted by an offeree and such parties must have legal intention and are capable to make a contract. Also, the promises so exchanged amid them must be supported by consideration in order to make a valid contract. (Small Business Development 2016) Every contract comprises of terms and conditions which are very important and the same must be fulfilled by the parties to the contract. If any party to the contract does not comply with the terms and conditions of the contract then the contract is said to be violated. Generally, the contractual terms are divided into two broad categories. When the terms are expressly made part of the contract by the contractual parties then such terms are express terms. Bu when the terms are made part of the contract not by the contractual parties but by law, custom, etc, then such are called implied terms. Both the terms are very important and must be fulfilled by the parties. These terms are normally added by the parties when the contract is formulated and not afterwards (Legal Service Commission 2016) But, in contract law, when a contract is already made by the parties and terms are also incorporated by them, then generally it is not prevalent to bring changes or additions to such terms of the contract. However, at times situations do occur under which it become necessary to bring modification in the already existed contract. The modifications can be made by the parties either orally or in written form. Both the forms are valid provided both the parties intend to do same. If the changes are made on written form the parties must sign the same otherwise oral changes are also valid in law. (Hubble 2016) Application Now, a five year written lease was entered amid Stuart and Prince Mall. As per the terms of the agreement, Stuart has to pay a lease of $1000 per week at the end of 2010. Thus, it is an express term of the contract and the parties must abide by the same. In 2013, both Stuart and Prince Mall intend to bring variation in the written lease agreement. The rent of Stuart was reduced to $700 per week. However, soon after the owners of the prince Mall persuaded Stuart to pay not only the full amount but also the shortfall that has been faced by them because of the reduced rent. It is submitted that the terms of the written lease agreement was varied by the parties intentionally. So the new terms are binding upon them until the business of Stuart improves and thus the owners of Prince Mall cannot force Stuart to pay the extra amount. Conclusion The terms are binding and Prince Mall cannot force Stuart to pay the extra amount. Reference List Brogden v Metropolitan Railway Co. (1877). Brinkibon v Stahag Stahl und Stahlwarenhandelsgessellschaft mbH (1983). Carlill v Carbolic Smoke Ball Co (1893). EntoresLtd v Miles Far East Corporation (1955). Gibson v Manchester City Council - CA (1978). Great Northern Railway Company v Witham (1873). Gibson Fraser, 2014, Business Law 2014, Pearson Higher Education AU,11-Oct-2013. Hill S, 2001, "Email Contracts - When is the Contract Formed?" https://www.austlii.edu.au/au/journals/JlLawInfoSci/2001/4.html#fn8. Accessed on 16th August 2016. Hyde v Wrench ((1840). Legal Service Commission, 2016, Express and implied terms of the contract, https://www.lawhandbook.sa.gov.au/ch18s02s01.php. Accessed on 16th August 2016. M Hubble, 2016, Contract Modification, https://contracts.lawyers.com/contracts-basics/contract-modification.html. Accessed on 16th August 2016. Mendelson-Zeller Co Inc v T C Providores Pty Ltd(1981). Moles R, 1998, Contract Law Lecture - Formation of Contract - Offer and Acceptance https://netk.net.au/Contract/02Formation.asp. Accessed on 16th August 2016. Powell v Lee (1908). Pharmaceutical Society v Boots Chemists (1953). Partridge v Crittenden (1968). Stevenson v. McLean(1880). Smith v Hughes (1871)). Small Business Development, 2016, Business contracts https://www.smallbusiness.wa.gov.au/business-topics/money-tax-and-legal/legal-matters/business-contracts/. Accessed on 16th August 2016. The Law Teacher, 2016, Cases On formation a Contract Offer https://www.lawteacher.net/cases/contract-law/agreement-cases.php. Accessed on 16th August 2016.