Romanesque Architecture Essays - Church Architecture, Basilica, Nave

Romanesque Architecture THE BASILICA AND BASILICAN CHURCHES A great deal of conjecture has been expended on the question as to the genesis of the Roman basilica. For present purposes it may be sufficient to observe that the addition of aisles to the nave was so manifest a convenience that it might not improbably have been thought of, even had models not been at hand in the civic buildings of the Empire. The most suitable example that can be chosen as typical of the Roman basilica of the age of Constantine is the church of S. Maria Maggiore. And this, not merely because, in spite of certain modern alterations, it has kept in the main its original features, but also because it departs, to a lesser extent than any other extant example, from the classical ideal. The lateral colonnade is immediately surmounted by a horizontal entablature, with architrave, frieze, and cornice all complete. The monolithic columns, with their capitals, are, moreover, homogenous, and have been cut for their position, instead of being like those of so many early Christian churches, the more or less incongruous and heterogeneous spoils of older and non-Christian edifices. Of this church, in its original form, no one however decidedly his tastes may incline to some more highly developed system or style of architecture will call in question the stately and majestic beauty. The general effect is that of a vast perspective of lines of noble columns, carrying the eye forward to the altar, which, with its civory or canopy, forms so conspicuous an object, standing, framed, as it mere, within the arch of the terminal apse, which forms its immediate and appropriate background. S. Maria Maggiore is considerably smaller than were any of the other three chief basilicas of Rome (St Peter's, St. Paul's, and the Lateran). Each of these, in addition to a nave of greater length and breadth, was furnished (as may still be seen in the restored St Paul's) with a double aisle. This, however, was an advantage which was not unattended with a serious drawback from a purely esthetic point of view. For a great space of blank wall intervening between the top of the lateral colonnade and the clerestory windows was of necessity required in order to give support to the penthouse roof of the double aisle. And it is curious, to say the least, that it should not have occurred to the builders of those three basilicas to utilize a portion of the space thus enclosed, and at the same time to lighten the burden of the wall above the colonnade, by constructing a gallery above the inner aisle. It is true, of course, that such a gallery is found in the church of S. Agnese, where the low-level of the floor relatively to the surface of the ground outside may have suggested this method of construction; but whereas, in the East, the provision of a gallery (used as a gynaeceum) was usual from very early times, it never became otherwise than exceptional in the West. Taking East and West together, we find among early and medieval basilican churches examples of all the combinations that are possible in the arrangement of aisles and galleries. They are the single aisle without gallery, which is, of course, the commonest type of all; the double aisle without gallery, as in the three great Roman basilicas; the single aisle with gallery, as in S. Agnese; the double aisle with single gallery, as in St. Demetrius at Thessalonica; and finally, as a crowning example, though of a later period, the double aisle surmounted by a double gallery, as in the Duomo at Pisa. These, however, are modifications in the general design of the building. Others, not less important, though they are less obviously striking, concern the details of the construction. Of these the first was the substitution of the arch for the horizontal entablature, and the second that of the pillar of masonry for the monolithic column. The former change, which had already come into operation in the first basilica of St. Paul without the Walls, was so obviously in the nature of an improvement in point of stability that it is no matter for surprise that it should have been almost. universally adopted. Colonnaded and arcaded basilicas, as we may call them, for the most part older than the eleventh century, are to be found in the most widely distant regions, from Syria to Spain, and from Sicily to Saxony; and the lack of examples in Southern France is probably due

Gender Equality Essay

Gender Equality Essay Gender Equality Essay Gender Equality in the United States In the United States of America, we are lagging behind on gender equality. According to CNN Money (World Economic Forum), the U.S. has a larger gender gap than 22 countries including Germany, Ireland, Nicaragua and Cuba. This report rates 136 countries on economic opportunity, educational attainment, health, and political empowerment. Iceland has the narrowest gender gap- with Norway, Sweden, and Finland close behind. The U.S. struggles to maintain equality among men and women in terms of political empowerment. Not only has the U.S. never had a female President, women still make up far less than half of congress. This year, women hold 98 out of 535 seats in Congress. That’s just eighteen percent. Despite the successes of the women’s movement over the last 40 years, significant barriers to full equality and inclusion remain. I think there needs to be critical policy changes that can help women overcome challenges in the areas of economic justice and safety. As for the mo re marginalized groups (people of color and immigrants), the issues most related to their well-being are not often reflected in our national policy agenda. According to some reports, women are marginalized in the economy. They are consistently put in the lowest paying sectors, which are further stratified by race. Control over women’s bodies and access to healthcare, particularly for women of color and low-income, is being legislated primarily by men. Furthermore, violence still tops the list of concerns for women at every age. Economically, women fall behind men significantly. Over a lifetime of work, the average woman makes about $380,000 less than the average working man. Women’s wages have stagnated at around 80% of men’s. Women are also overrepresented in minimum wage jobs- at 63%. President Obama has signed the Lily Ledbetter Fair Pay Act, which is a small step toward reducing wage discrimination. Additionally, the poverty rate among older unmarried women is very high. For all elderly women, the poverty rate is 11.5%. In 2010, the poverty rate was 17% for women over the age of 65 who lived alone (The Road to Equality). Older men fare better, drawing in more social security payments and pension. In relation, of those individuals who are still working, older man out-earn older women almost two to one ($20,000 for men and $11,297 for women). Because care giving and household duties still fall disproportionately on women, the persistent lack of workplace flexibility or work support (child care, paid sick leave, and family medical leave) affects women at every level of the economy. I think this lack is largely responsible for the continued wage and gender gap. Childcare has become increasingly expensive and work schedules are less flexible. In the U.S., ninety percent of childcare costs are assumed by the parents. In 2010, average child care fees for an infant exceeded the average amount families spent on food, and in nearly half the stat es, exceeded the average amount for rent. There is an overwhelming need for childcare in the U.S. and it remains unmet. It is seen as the personal responsibility for families- especially mothers. Quality childcare is important for all children and can contribute to healthier futures. And because child care typically falls on women, women earn less than they should (less than men). I believe that public funding for childcare and early education should be increased, companies should be encouraged to allow flexible scheduling, federal minimum wage should be raised, women’s access to non-traditional jobs should be improved, strong pay-equity should be advocated, and public assistance programs need to ensure a transition into a real job. Gender-based violence remains a

An Analysis of Araby in James Joyces Dubliners :: Joyce Dubliners Araby Essays

There are many statements in the story "Araby" that are both surprising and puzzling.   The statement that perhaps gives us the most insight into the narrator's thoughts and feelings is found at the end of the story.   "Gazing up into the darkness I saw myself as a creature driven and derided by vanity; and my eyes burned with anguish and anger. (32)"   By breaking this statement into small pieces and key words, we can see it as a summation of the story's major themes.      Ã‚  Ã‚  Ã‚  Ã‚   At this point in the story, many emotions are swirling about in the narrator's head.   His trip to the bazaar has been largely unsuccessful.   He was late arriving, was unable to find a gift for Mangan's sister, felt scorned by the merchants, and suddenly found himself in a dark room.   These surroundings left him feeling both derided, and with a sense that this eagerly anticipated trip had been in vain.      Ã‚  Ã‚  Ã‚  Ã‚   Many other situations caused him to feel driven and derided by vanity.   His reflections of the "charitable" life of the priest who occupied the narrator's house before the narrator make us wonder if the priest led a life of vanity.   His early obsession with Mangan's sister now seems in vain.   "I had never spoken to her ... and yet her name was like a summons to my foolish blood. (4)"   He feels ashamed and ridiculed by his earlier inability to communicate with Mangan's sister.   He sees how distracted he was by his anticipation of the bazaar.   He recalls that he " had hardly any patience with the serious work of life. (12)"   The narrator is embarrassed by the time he had wasted, and the ease with which he became distracted.   The near total worthlessness of the bazaar at the time the narrator arrives is an extreme example of vanity.   Not only does the narrator feel ridiculed by the vanity involved in this situation, he also feels driven by it.   The simple conversation he carries on with Mangan's sister regarding the bazaar drives him to direct all his thoughts toward the glory that will be the bazaar.   A sort of irony can be found in the fact that something that he devoted all his "waking and sleeping thoughts"

The Great Debaters Movie Review Example | Topics and Well Written Essays - 500 words

The Great Debaters - Movie Review Example One possible reason for the story not being well known is the basic character and foundational principles of Wiley College itself. From the historical description of the college the school’s basic character is unpretentious with a quiet demeanor preferring to be sublime and not one to seek the spotlight (cite). From its inception in 1873 emphasis and the primary focus of the school’s mission has been on offering a quality education in a environment in which developing the potential in the students has been the priority (Wiley College). 2. Farmer also says â€Å"We do what we have to do, so that we can do what we want to do.† What do you think that means? What things did the debate team â€Å"have to do"? What things did they gain the right to do? James Farmer, Sr. as a black man living in America during the 1930s had experienced the injustices of racism in his lifetime living in the south. Guessing his age in the movie between 35 and 40 he had lived and seen the plight and fight of black people who had only been removed roughly 70 years from slavery. Because of the short time blacks had freedom to make choices Farmer had come to the realization that in order to improve one’s self and others required continually enduring the ill treatment of society.

Analysis of Human rights Act 1998 Essay Example | Topics and Well Written Essays - 1500 words

Analysis of Human rights Act 1998 - Essay Example To abide the above said aims and to appease the people who are hankering for unity and unanimity, the Act incorporates some provisions which extends some rights to the people to enjoy these unity .These provisions give the so called conventional rights to the people from the all area includes offenders, suspects etc. But the question is how far these rights enjoyable to these offenders particularly for suspects whose status is neither in the culprit's nor in the normal persons. The question is whether their rights are being protected aptly or not is a crucial question before the Law. As said above the suspects also enjoy the benefits of the different provisions which meant for the well being of the society. Article 2 of the Act provides everyone present in UK has the right of life and no one can de be deprived of their life, including those such as suspected terrorists or violent criminals. Moreover Article 3 gives the suspects a right to freedom from torturing, inhumane or degrading treatment. It further says that even in times of war or other public emergency, a person has the right not to be treated in these ways .It is a also applicable to the suspects. By sticking to the individual fre... As said above the suspects also enjoy the benefits of the different provisions which meant for the well being of the society. Article 2 of the Act provides everyone present in UK has the right of life and no one can de be deprived of their life, including those such as suspected terrorists or violent criminals. Moreover Article 3 gives the suspects a right to freedom from torturing, inhumane or degrading treatment. It further says that even in times of war or other public emergency, a person has the right not to be treated in these ways .It is a also applicable to the suspects. By sticking to the individual freedom of living own life ,the Act empowers the persons to live in personal privacy taking into the account of rights and freedom of the others and also limits on the extent to which a public authority can do thing which invade your privacy about your body without your permission. The point is well explained in Law Vs R (2) and it was held that the principal purpose of s 8 of the charter was to protect an accused's privacy interests against unreasonable intrusion by the state. In the instant case, the mere fact that the police recovered the stolen property was insufficient to support an inference that the owners voluntarily relinquished their expectation of privacy in the item and the Court confirmed that the officer's conduct constituted an unreasonable search. It followed that there was a violation of s 8 of the charter. Moreover referring the principle 21 of the Body of the principles on detention, which envisages the well being of the suspects who is in detention by prohibiting undue advantage

How the Caged Bird Sings by Maya Angelou Essay Example for Free

How the Caged Bird Sings by Maya Angelou Essay In the chapter 15 as we call Sister Flowers from How the Caged Bird Sings by Maya Angelou, allows us the readers to experience the day with Margareute Johnson through her writing style as if we were experiencing it through her eyes and deep inside her thoughts. Her use of imagery, metaphors, similes and narration helps us paint and imagine a vivid picture in our own minds. Just like when Angelou is describing Sister Flowers, â€Å"Her skin was a rich black that would have peeled like a plum if snagged . . .† Her use of a simile comparing a plum helps us imagine the details such as being smooth, soft, and shiny, just as she saw Sister Flower’s dark black skin. Her use of imagery helps us experience things she saw, the smells she smelt, as if we were right there experiencing it with her. â€Å"The sweet scent of vanilla had met us as she opened the door.† As we read this we can in our heads invent in our minds how Sister Flowers house smelled like vanilla, as she was about to step into her house. Angelou gets us thinking that Sister Flowers had probably just got done baking. â€Å"They were flat round wagers, slightly browned on the edges and butter-yellow in the center.† Angelou already gave us her sense of smell, now she is using imagery to describe her sense of sight of the cookies that Sister Flowers just baked especially for Margareute. Now she is getting our mouths watering for some of Sister Flower’s cookies. Angelou with out a doubt had a good writing style using a lot of similes, imagery, metaphors, and narration to improve our ability to acknowledge every little smell, every little detail and that she saw, just pretty much everything that was going through her head as she was living it first hand.

Differential Association Essay -- essays research papers fc

Sutherland’s Differential Association Born August 13, 1883 in Gibbon, Nebraska, Edwin H. Sutherland grew up and studied in Ottawa, Kansas, and Grand Island, Nebraska. After receiving his B.A degree from Grand Island College in 1904, he taught Latin, Greek, History, and shorthand for two years at Sioux Falls College in South Dakota. In 1906 he left Sioux Falls College and entered graduate school at the University of Chicago from which he received his doctorate. (Gaylord, 1988:7-12) While attending the University of Chicago he changed his major from history to sociology. Much of his study was influenced by the Chicago approach to the study of crime that emphasized human behavior as determined by social and physical environmental factors, rather than genetic or personal characteristics. (Gaylord, 1988:7-12) With his studies completed he began work at the University of Minnesota from 1926 to 1929 where his reputation as a leading criminologist was enhanced. At this time, his focus became sociology as a scientific enterprise whose goal was the understanding and control of social problems, including crime. (Gaylord, 1988:13) After his time at Minnesota he moved to Indiana University and founded the Bloomington School of Criminology at Indiana University. While at Indiana, he published 3 books, including Twenty Thousand Homeless Men (1936), The Professional Thief (1937), and the third edition of Principles of Criminology (1939). Finally in 1939 he was elected president of the American Sociological Society, and in 1940 was elected president of the Sociological Research Association. Similar in importance to strain theory and social control theory, Differential Association theory was Sutherland's major sociological contribution to criminology; . These theories all explain deviance in terms of the individual's social relationships. By attributing the cause of crime to the social context of individuals, Differential Association departs from the pathological perspective and biological perspective. "He rejected biological determinism and the extreme individualism of psychiatry, as well as economic explanations of crime. His search for an alternative understanding of crime led to the development of Differential Association theory. In contrast to both classical and biological theories, Differential Associat... ...s Sutherland a pioneer for all criminologists. Works Cited: Akers, Ronald L.. (1996). Is differential association/social learning cultural deviance theory? Criminology. Gaylord, Mark S and John F. Galliher. (1988). The criminology of Edwin Sutherland. Transaction, Inc Jacoby, Joseph E.. (1994). Classics of criminology. Waveland press, Inc. Matseuda, Ross L.. (1988). The current state of differential association theory. Crime and Delinquency (July 1988). Sage Publication Pfohl, Stephen. (1994). Images of deviance and social control. McGraw-Hill, Inc. Skinner, William F. and Anne M. Fream(1997). A social learning theory analysis of computer crime among college student. Journal of research in crime and delinquency. Sage Publication Sutherland, Edwin H.. (1974). Criminology. J.B. Lippincott Company Sutherland, Edwin H.. (1961). White-collar crime. Holt, Rinehart and Winston, Inc Sutherland, Edwin H.. (1937). The professional thief. The university of Chicago. Tittle, Charles R. and Mary Jean Burke(1986). Modeling Sutherland’s theory of differential association: Toward an empirical clarification. Social Forces. Warr, Mark (1993). Parents, Peers, and Delinquency. Social forces.

Aspect Of Contract And Negligence For Business

Abstract This paper is focused on providing information about important principles of contract and negligence for business. The first part of the paper discusses the specificity of contract law by emphasising details from two case studies: East Midlands Airways Airbus and a case of the supply of mobile phones. The second part of the paper provides information about principles of tort law, as initially liability in tort is contrasted with contractual liability. The emphasis in the second part is on negligence for business, with reference to the case study of King’s Restaurant and a case involving Angelina and Christian Auctioneers.IntroductionIn the area of law, numerous aspects should be given importance. The issue of contract and negligence for business has received substantial attention in the field of legal practice. This paper is divided into two major parts covering issues from contract law and tort law (Elliott and Quinn, 2003). In the first part of the paper, the focus is on ide ntifying major elements for the formation of a valid contract as well as assessing the impacts of different types of contracts. There are two main case studies involved, respectively East Midlands Airways Airbus and the supply of mobile phones. In the part on tort law, liability in tort is contrasted with contractual liability through providing relevant examples from a case study of King’s Restaurant and a case of Angelina and Christian Auctioneers (Horsey and Rackley, 2011).Contract LawLegal ElementsIn the case study of East Midlands Airways (EMA) Airbus, it is important to identify essential legal elements for the formation of a valid contract. There are certain major elements that indicate the legal bonding of the contract. They should be thoroughly considered as part of contributing to the validity of the contract (Poole, 2012). The first legal element refers to the inclusion of an offer, which indicates one’s willingness to enter into a specific bargain. In this c ase, an offer is made by Phil, the Chief Executive Officer of Zulu Aviation Ltd. Another important legal element for the formation of a valid contract is associated with acceptance, which should indicate an agreement to the terms initially made. Phil’s offer of ?100,000 for reserving the Airbus 321 has been accepted by Joseph, EMA’s Managing Director. The third significant legal element showing the validity of the discussed contract is the availability of a legal purpose (Knapp et al., 2012). It is clear that the contract’s purpose is legal because it is based on the sale of a second-hand Airbus 321. Furthermore, mutuality of obligation presents a situation in which both parties ensure mutual understanding to the expression and form of their agreement. In other words, a common expectation is that the parties need to agree to the same thing, which is described in the same manner, and at the same time. These legal conditions have been met by both Phil and Joseph. Consideration indicates another essential element for the formation of a valid contract (Poole, 2012). Legal binding needs to be supported by valuable and realistic consideration. In the case study of EMA, Phil ensures his consideration by claiming that he will pay ?100,000 to EMA if the latter promises not to sell the Airbus 321 to another buyer for the period of five days. The importance of these components reflects in the validity and legality of the contract to be established, and if any of these conditions are non-present, it is virtually impossible to form a valid contract (Knapp et al., 2012).Impacts of Different Ty pes of ContractWhen discussing the specificity and implications of contract law, it is important to consider the impacts of different types of contract, such as bilateral and unilateral contracts, express and implied contracts, void and voidable contracts, and distance selling contracts (Hillman, 2004). Bilateral contracts are commonly used in daily life, as they represent an agreement between at least two individuals or groups. Unilateral contracts are associated with an action undertaken by one individual or group alone, as this type of contract allows only one individual to involve in making a specific promise or agreement (Elliott and Quinn, 2003). In express contracts, a promise is stated in a clear language, while in implied contracts, the focus is on presenting behaviours or actions which lead parties to believe that a certain agreement exists (Hillman, 2004). Void contracts are contracts that cannot be enforced by either party. According to law, void contracts are perceived as if they had never been established. The main aspect of void contracts refers to a situation where one of the parties performs in an illegal manner (Hillman, 2004). Therefore, void contracts cannot be conducted under the law. An example of void contracts can be found in Dickinson v Dodds [1876], where there is only an offer made and was intended to be an offer solely because it did not result in any legally binding agreement. There was no consideration ensured or promise and thus was judged non-binding. Although in the case of Shuey v US [1875] the revocation is prominent as the offer is, the type of offer is considered non-binding. On the other hand, voidable contracts are based on enforcement and hence they are valid (Elliott and Quinn, 2003). In general, only one of the parties is legally bound to such contracts. Yet, the unbound party has the right to cancel the contract and thus the contract automatically becomes void (Knapp et al., 2012). This implies that voidable contracts represent valid, legal agreements. Distance selling contracts refer to the main responsibility assumed under the law to protect consumers while they conduct shopping activities online. Such regulations also occur in situations where consumers enter into other contracts, as they are at a distance from the supplier (Hillman, 2004). Special protection is ensured to customers on the basis that they are unable to meet directly with the supplier and check the quality of goods and services that are offered for sale. Distance selling regulations have been enforced in the UK since 2000, but it is essential to note that they are inapplicable to contracts between businesses (Elliott and Quinn, 2003). The main legal effect of these regulations is that they enable consumers with the right to receive accurate and proper information about the supplier, including the products and services that are provided for sale. In addition, consumers tend to receive a written confirmation of such information, which makes the regulations credible . There is also a cancellation period of seven working days in which consumers have the right to withdraw from the contract. Individuals receive protection from different forms of fraud associated with the option of using payment cards (Knapp et al., 2012).Case Study of EMAIn the case study of EMA, the focus is on determining whether the two parties have formed a valid, legal contract. As previously mentioned, the parties applied each of the essential legal elements for a valid contract, including offer, acceptance, legal purpose, mutuality of obligation, and valuable consideration. The terms of the contract between EMA and Zulu Aviation Ltd are clearly specified. However, it can be argued that the type of contract presented by the two parties is express considering that the promise for forming a legally binding agreement has been stated in a clear language verbally, via phone (Poole, 2012). Despite the precise form of the binding procedure, the validity of such express contract is apparent. There are strictly claimed promises on the behalf of both sides: the first party needs to pay a particular amount of money to guarantee the sale of the Airbus 321; the other needs to keep his promise not to sell the Airbus 321 to another buyer for the next five days. It can be concluded that such initial conditions of forming a legal contract have been met (MacMillan and Stone, 2012). Simply put, there is an offer followed by an acceptance by EMA’s Managing Director. An example of the complex transaction that took place between EMA and Zulu Aviation Ltd can be found in the case of Byrne v. Van Tienhoven (1880), which presents relevant inferences on the issue of revocation with regards to the postal rule. In the case of EMA and Zulu Aviation Ltd, the phone rule (considering the phone conversation between Phil and Joseph) may not apply in revocation. In other words, while a phone conversation to arrange a contract may simply indicate a valid acceptance, it is most lik ely that the court will rule that it does not count as proper and valid revocation (MacMillan and Stone, 2012). Moreover, there is a stated legal purpose that legally binds both parties to form a valid agreement. They are focused on keeping their promise, which is an initial requirement for the establishment of a legal contract. It can be indicated that the objective of the contract between EMA and Zulu Aviation Ltd is to achieve a legal purpose. Thus, the condition of a creating a purpose for the existence of a binding contract has been applied in the case (Poole, 2012). The mutuality of obligation is also evident considering the motifs and promises ensured by both sides. There is a strong sense of mutual understanding on the behalf of each party regarding the expression and specificity of their agreement. In addition, there is an objective standard being applied in the case in terms of determining what the parties have precisely said in the process of forming their agreement (Knapp et al., 2012). The fact that the offer is clear and definite is indicative of both parties’ acceptance o f the terms outlined in the offer. There is a valuable consideration illustrated in the statement of Phil, who is ready to pay ?100,000 in case EMA’s Managing Director fulfils his promise. Therefore, this case study illustrates the application of an express contract law (MacMillan and Stone 2012).Implications regarding the Supply of Mobile PhonesThe only specified term in the contract between Key Services Enterprise (KSE) Ltd and Unique Mobile Solutions (UMS) Ltd is that of the provision of 500 mobile telephones, which are suitable for use in the UK. The court will classify these types of contractual terms as intermediate or innominate terms (Poole, 2012). The status of these terms is not clearly defined, as their significance lies between a condition and a warranty. Innominate terms were established in the case of HK Fir Shipping v Kawasaki Kisen Kaisha [1962], where the defendants chartered a ship for the duration of two years from the plaintiffs. In the agreement establish ed between the two parties, there was a specific clause indicating that the ship was suitable for performing cargo service. Due to problems with the engine, 20 weeks of the charter were lost and thus the defendants were entitled to bring an action for damages for breach of contract on the grounds of the clause specified in the agreement (MacMillan and Stone, 2012). Under the circumstance that the use of the telephones supplied was illegal in the UK, and they could not be modified to make their use legal, the court will classify this term as misrepresentation or a false statement made by the mobile phone seller regarding the use of the products. As in the case of Gordon v Selico [1986], it is possible to make a misrepresentation by words or by conduct. However, it should be considered that representation is not a term. Moreover, the telephones supplied required tuning to particular frequencies, a task taking two minutes for each one. This aspect also indicates the presence of innominate terms (Knapp et al., 2012). However, under the circumstance in which the CEO of KSE signed the contract with UMS, there is no reference to any other document. In addition, KSE’s CEO accepted the receipt of the transaction without reading it, which represents a serious mistake that can be identified as negligence in lawful terms. The harm caused by the deci sion of KSE’s CEO to sign a contract with UMS is as a result of his carelessness. There is a failure to behave with the proper level of care required for the described circumstances (Poole, 2012). On the back of the receipt provided by UMS, the statement can be classified by the court as an exclusion clause because the provider of the mobile phones has directly excluded liability for contractual breach. In an attempt to analyse the exclusion clause as a term under the circumstance in which KSE’s CEO accepted the receipt without reading it, specific implications can be drawn. As a term in a contract, an exclusion clause indicates the purpose to limit or restrict the rights of the parties bound to the contract (Hillman, 2004). A true exclusion clause, as in the case of UMS, recognised a potential breach of contract, and then serves as an excuses liability for any potential breach. Therefore, it can be concluded that an exclusion clause was ‘incorporated’ into the contract with KSE. The effect of this term in the contract should be evaluated on the basis of incorporation (Elliott and Quinn, 2003). This means that UMS has actually incorporated an exclusion clause by signature (at the back of the receipt of the transaction provided to KSE). The fact that KSE’s CEO accepted the receipt and signed it means that the respective clause is considered part of the cont ract. Yet, the party representing the clause, UMS, has not taken any reasonable steps to bring it to the close attention of the second party in the contract (MacMillan and Stone, 2012). Applying the legal controls that the court would use in assessing the validity of the term in the contract should refer to principles of strict literal interpretation and contra proferentem (Hillman, 2004). In order an exclusion clause to operate, it needs to cover the breach with an assumption of a potential breach of contract. In case there is a breach of contract, the specific type of liability which is emerging is also relevant in the process of interpretation by the court. There is strict liability involved, which arises as a result of a state of affairs in which the party at breach is not necessarily identified as responsible for the fault (Smits, 2005). However, the court needs to consider the case of liability for negligence, or in other words, liability arising as a result of fault. A common tendency demonstrated by the court would be to require the party which relies on the clause to have drafted it adequately in order to result in a situation where that party is exempted f rom the liability arising (Cauffman, 2013). In the presence of ambiguity, as it might be in the case of KSE and UMS, the court would most probably apply the legal control of strict literal interpretation against the party which extensively relies on the exclusion clause in the contract. In the process of assessing the validity of the exclusion clause in the contract, the court may also apply the legal control of contra proferentem (MacMillan and Stone, 2012). In case ambiguity persists even after attempts have been made to construe an exclusion clause with regards to its natural meaning, the court may decide to apply a rule identified as contra proferentem. This term implies that the clause needs to be construed against the party in the contract that imposed its initial inclusion, respectively UMS. In the context of negligence, the court would most probably take the approach that a party would enter into a contract that permits the second party to evade fault based liability (Cauffman, 2013).Law of TortLiability in Tort and Contractual LiabilityWhile discussing certain implications of liability, contrasting liability in tort with contractual liability is important. All activities initiated by individuals as well as organisations are regulated by law. Tort law repres ents a branch of the civil law, and it should be considered that any dispute in civil law is usually between private parties (Horsey and Rackley, 2011). As indicated in the previous section, strict liability illustrates a solid legal doctrine according to which a party is held responsible for the damages resulting by his or her actions. Strict liability is also applicable to tort law especially in cases involving product liability lawsuits (Okrent, 2014). In the context of tort law, strict liability refers to the process of imposing liability on a party or individual without a particular finding of fault. In case fault is found, the court would determine a situation known as negligence or tortuous intent (Hodgson and Lewthwaite, 2012). As a result, the plaintiff would need to prove the occurrence of the tort and the implied responsibility of the defendant. The objective of strict liability is to discourage any forms of reckless behaviour as well as irrelevant product development and manufacturing. Therefore, liability in tort refers to the duty of care along with the negligence of that duty. On the other hand, contractual liability is associated with a situation in which two or more parties promise specific things to each other (Okrent, 2014). Liability in tort and contractual liability are similar in the point that they are both civil wrongs, and the individual wronged sues in the court in order to obtain compensation. However, the m ain difference is that in a claim related to liability in tort, the defendant may not have been involved in any previous relationship or transaction with the claimant. On the contrary, in a claim of contractual liability, the main condition that should be met is that the defendant and claimant should be the parties representing the contract (Hodgson and Lewthwaite, 2012).Case Study of King’s RestaurantIn an attempt to analyse the situation described in the case study of King’s Restaurant, it appears that it should be considered on the basis of tort of negligence. The claimants in this case, Carlos and Janet, need to prove certain elements to the court so as to provide a valid proof of negligence and claim damages (Okrent, 2014). These elements refer to proving that the restaurant owed them a strict duty of care; the restaurant breached that particular duty of care; and Carlos and Janet suffered damage resulting from the breach. The notion of the duty of care was establ ished in Donoghue v Stevenson [1932] in which the court enforced the decision that an individual may sue another person who caused them loss or damage even in the absence of contractual relationship. Yet, in the case of Carlos and Janet, it needs to be considered that even if the court proves negligence, the restaurant may have a defence that protects it from liability, or decreases the precise amount of damages it is liable for (Horsey and Rackley, 2011). Hence, it can be argued that there is tortuous liability action against the restaurant. There is a breach of a statutory duty in King’s Restaurant case study, as the direct consequence was harming a person, which gives rise to tortuous liability for the restaurant towards Carlos and Janet under the legal doctrine of negligence (Christie et al., 1997). However, the victim should be identified in the class of individuals protected by the statute. Another important condition related to the success of the tort suit is that the injury should be of the specific type that the statute intended to prevent. Thus, the claimants need to prove their claim on specific balance of probabilities. It is also important for Carlos and Janet to show that the damage suffered is not quite remote from the breach (Horsey and Rackley, 2011). It should be assumed that a duty of care existed in this case because King’s Restaurant is identified as an award-winning and very expensive English restaur ant, which directly brings the conclusion that the services provided by the restaurant should be at a superior level. The standard of care should be determined through expert testimony and through the consideration of applicable, professional standards in the industry. The harm in the case is mostly physical, which makes it a sufficient claim for negligence. The problem in the case study can be resolved if Carlos and Janet definitely consider the option of claiming tortuous liability against the restaurant (Christie et al., 1997).Case Study of Angelina and Christian AuctioneersIn this case, the legal principles of tort of professional negligence misstatement and vicarious liability can be applied. The tort of professional negligence misstatement refers to representing a fact, which is improperly and carelessly made. This claim is usually relied on by another party and results in their disadvantage (Hodgson and Lewthwaite, 2012). Vicarious liability presents a doctrine according to w hich an individual is responsible for the actions of another person because of a special relationship available between the parties, such as the one between an employer and an employee. Angelina has rights and remedies against Brad and Christian Auctioneers in connection with the incorrect advice given to her about the worth of the painting (Okrent, 2014). In the case, Angelina relies on the other party for their expertise, knowledge, and judgment. Moreover, the person who provided advice to Angelina, Brad, knew that the other party was relying on him and his judgment about the painting. It can be also argued that it was reasonable for Angelina in the presented circumstances to rely on Brad and Christian Auctioneers. Brad on the behalf of his organisation, Christian Auctioneers, has given a negligence misstatement regarding the painting’s value. His judgment was personal rather than professionally based (Hodgson and Lewthwaite, 2012). Angelina’s rights against Brad and Christian Auctioneers are based on the premise of the special relationship established between her and this organisation. In the process of examining the special relationship concept, an example can be observed in the case of Shaddock & Associates PTY Ltd v Parramatta City Council [1981], in which a solicitor acting on behalf of Shaddock established contact with the Parramatta City Council to seek advice regarding the potential impact on a property as a result of road widening proposals (Okrent, 2014). The council employees gave the solicitor a negligent misstatement, and as a result, Shaddock purchased the property and significant losses have been suffered. When applying the law in the case of Angelina, duty of care should be established in order to claim for negligence. It is important to consider the question of whether it was reasonably foreseeable that the actions of Brad and Christian Auctioneers would cause harm or loss to Angelina. Fu rthermore, it is essential to establish the presence of a physical or factual link between Angelina and Brad and Christian Auctioneers. It can be deduced that their relationship was physical considering that Angelina approached the company to give her a valuation of some antique furniture present at her flat (Christie et al., 1997). The court would also need to determine the vulnerability of the plaintiff, and it can be indicated that the vulnerability to Angelina was high because she was relying on Brad and Christian Auctioneers for their professional advice in order to make a sound decision (Horsey and Rackley, 2011). The court would need to consider the actual damages caused. Considering that Angelina sold a valuable painting of Rembrandt for only ?100 is indicative of the losses she suffered due to the incorrect advice given to her. Moreover, the principle of vicarious liability could also refer to this case (Horsey and Rackley, 2011). Vicarious liability is applicable because liability is attributed to Christian Auctioneers that has a responsibility for its employee, Brad, who negligently causes a loss to Angelina because of the incorrect advice provided to her. In other words, the employer is responsible for the actions of the employee. Therefore, this form of strict liability can be imposed on Christian Auctioneers due to the negligent conduct of its employees in the case of Angelina (Okrent, 2014).Possible Defences Available to Christian AuctioneersThere could be possible defences available to Christian Auctioneers. Such defences are mainly based on the assumption whether there is a contractual relationship between the parties (Okrent, 2014). An example of this aspect can be found in the case of Henderson v Merrett Syndicates Ltd [1994], emphasising a statement of responsibility by an individual providing pr ofessional services along with reliance by the individual for whom the services were provided. Therefore, in the case of Angelina, it can be deduced that there was no special, contractual relationship between the parties (Christie et al., 1997). Angelina sought a free valuation, which may imply that there would not be liability for such type of information.ConclusionThis paper discussed essential aspects of contract law and tort law. The first part of the paper focused on describing the elements comprising a valid, legal contract along with differentiating the effects of common contracts (MacMillan and Stone, 2012). Details from two case studies were provided, namely from East Midlands Airways Airbus case and the case involving the supply of mobile phones. Important issues pertaining to contract law were discussed with the application of relevant law. The second part of the paper emphasised important principles of tort law by differentiating liability in tort and contractual liabili ty. Negligence liability was discussed with regards to the case study of King’s Restaurant. Specific details about tort of professional negligence misstatement and vicarious liability were provided in the case study of Angelina and Christian Auctioneers (Okrent, 2014). In conclusion, legal and business practitioners need to stay informed about valid and applicable law principles with regards to contract and negligence in order to adhere to professional standards of conducting appropriate business practices. References Byrne v Van Tienhoven [1980] CPD 344 Cauffman, C. (2013). ‘The Principle of Proportionality and European Contract Law’. Maastricht Faculty of Law Working Paper. Working Paper No. 2013-05. Christie, G. C., Meeks, J. E., Pryor, E. S., and Sanders, J. (1997). Cases and Materials on the Law of Torts. St. Paul, MN: West. Dickinson v Dodds [1876] Ch. D. 463 Donoghue v Stevenson [1932] UKHL 100 Elliott, C. and Quinn, F. (2003). Contract Law. London: Longman. Gordon v Selico [1986] HLR 219 Henderson v Merrett Syndicates Ltd [1994] UKHL 5 Hillman, R. A. (2004). Principles of Contract Law. St. Paul, MN: West. HK Fir Shipping v Kawasaki Kisen Kaisha [1962] EWCA 7 Hodgson, J. and Lewthwaite, J. (2012). Tort Law Textbook. Oxford: Oxford University Press. Horsey, K. and Rackley, E. (2011). Tort Law. Oxford: Oxford University Press. Knapp, C. L., Crystal, N. M., and Prince, H. G. (2012). Problems in Contract Law: Cases and Materials. New York: Wolters Kluwer Law & Business. MacMillan, C. and Stone, R. (2012). Elements of the Law of Contract. London: Stewart House. Okrent, C. (2014). Torts and Personal Injury Law. New York: Cengage Learning. Poole, J. (2012). Casebook on Contract Law. Oxford: Oxford University Press. Shaddock & Associates PTY Ltd v Parramatta City Council [1981] HCA 59 Shuey v US [1875] 92 US 73 Smits, J. M. (2005). ‘The Principles of European Contract Law and the Harmonization of Private Law in Europe’. Maastricht University Faculty of Law, pp. 567-590.

Ibs Report About Foreign Essay

Largest growers of agro products in the country * First company to introduce contract farming in Bangladesh to source the basic raw materials directly from the farmers * Over 54,000 farmers are working for us in different part of the country * Number of Food company in Bangladesh with a total market share of over 70% * Leading the market in all the category of food business in Bangladesh * Expanding business through setting up of production facilities in INDIA EXPORTING * 1997- First export to France 2010- PRAN exports all over the Globe * 77 Countries * 6 Continents Pran to build first foreign plant in India Pran, one of Bangladesh’s leading processed-food and beverage companies, is to build its first foreign factory in India, taking advantage of the country’s recent decision to lift its ban on Bangladeshi investment. The plant will be built in the north-eastern Indian state of Tripura. It will initially produce jelly and drinks and is expected to come into operation b y 2009 with an annual turnover of around Tk100 crore. The company chose Tripura due to its closeness to Bangladesh. â€Å"We will be able to transport raw materials for our products from Bangladesh to Tripura very easily due to the easy communications,† said Paramuddin. He said there is similarity in lifestyle, culture and economy between the people of Bangladesh and these areas of India, adding that this is one of the main reasons to choose Tripura. Negotiations have been going on between the parties concerned about acquiring land for the project. India will allocate a 10-acre industrial plot for the purpose. The Indian government has also assured Pran of banking, electricity and other infrastructure facilities. Initially Pran will employ nearly 200 people, including Bangladeshi and Indian nationals. Pran exports its agro-processed foods and drinks to nearly 70 countries, including USA, UK, Sweden, Cyprus, Australia, Malaysia, Italy, Germany, South Korea, and some Middle East, East and West African countries. The news of the new plant was announced at an ‘Export Sales Conference 2008’ of Pran Exports Ltd held yesterday in Dhaka. Deputy Managing Director of Pran-RFL Group Ahsan Khan Choudhury and other senior officials were present at the conference. ML Debnath, president of Tripura Chamber of Commerce and Industries, also spoke at the conference attended by hundreds of importers and dealers from different states of India and Nepal. Ahsan expressed his concerns over different types of tariff and non-tariff barriers that the Indian government is imposing on the export of Bangladeshi food products to Indian markets. He urged the government to help the business community solve those problems through bilateral discussions. CONCLUSION †¦ * We are a hard working professional company * We are extremely focused on customers need * Good management & strong HR helping us to grow * We are very much compliant with environment & labor issues * We are serving the nation while running our enterprises profitability. * Please give us the opportunity, we will be your trusted partner in the days to come.

The Transformation of Heathcliff Essays

The Transformation of Heathcliff Essays The Transformation of Heathcliff Essay The Transformation of Heathcliff Essay In Emily Bronte’s novel, Wuthering Heights, one of the main characters, Heathcliff, makes this transition from the beginning of the story to end. At first , he is sympathetically portrayed as a boy who was shoved into the Earnshaw family, then he becomes this innocent boy who has this never ending love for Catherine Earnshaw, and finally he transforms into this extremely revengeful man who will stop at nothing to try and undo all the wrong things that were done to him. Heathcliff goes from being the victim of the story, to being the victimizer. He is this very distinct person, but he does not have one persona about him. Heathcliff is at times is this sensitive, loving person who would do anything for Catherine. But he is also a wronged person, and because of this, he seeks revenge on almost everybody in the story. Whether or not they have directly harmed him. These two qualities together make Heathcliff a dangerous person overall. I believe that Heathcliff is this naturally sensitive and loving person, but because of all the things that have happened to him, he feels the need to compensate to be accepted by everybody. And the only way he knows how is to take over everything and become as powerful as he can. Heathcliff is brought to Wuthering Heights as a dirty, ragged, gypsy boy, by Mr. Earnshaw, the master of Wuthering Heights. The orphan child is baptized with the name Heathcliff, the name of an Earnshaw baby that died at birth. As Heathcliff grows up, he is compared to a cuckoo by Mrs. Dean. A cuckoo is a bird who comes into a nest and takes the Creswell 2 place of the natural siblings. Heathcliff, like a cuckoo, is an intruder who takes the place of a natural offspring and becomes the sole focus of the family. This circumstance foreshadows a life of a child who tries to be something that is impossible. Heathcliff can never be more than what he is. He can never be accepted as a natural son in the Earnshaw family. Regardless of what he does or how hard he tries, he will always be the interloper. Early in the novel, Heathcliff is picked on by Hindly and he assumes a assertive and threatening posture. You must exchange horses with me: I don t like mine: and if you won t I shall tell your father of the three thrashing youve given me this week, and show him my arm, which is black to the shoulder. [Ch. 4 Pg. 34] Heathcliff knows that he is resented by Hindly and that he can do nothing to please him, therefore, he takes an offensive osition and the hope that through intimidation Hindly will leave him alone. Believing that the best defense is a good offense, Heathcliff expresses his intent to gain the affection of his adopted father by aggravating Hindly, the natural son. Heathcliff uses Hindly s bad disposition to his advantage. Despite Heathcliff s efforts to get along with everyone and b e accepted by the family, he is continually put down and never truly excepted. He never resolves the fact that through no fault of his own, he will never be a true family member. The reader feels empathy for this poor child who has been taken to a strange home and thrown into a situation that he cannot win. Heathcliff soon learns that the only way he can handle Hindly, the natural son, is through threats and acts of hostility. Hindly never accepts Heathcliff and resents his placement into the family. Consequently, he abuses Heathcliff and slowly Heathcliff becomes hardened and bitter. These traits of distrust Creswell 3 and bitterness set the tone of Heathcliff s life and eventual outcome of the book. The circumstances of Heathcliff s adoption alienate the other members of the family. Heathcliff is brought into a home out of love and pity, but because of the conditions that surrounded the humane acts of compassion, the love that began with good intentions ends in disillusionment and devastation. In Heathcliff s dialogue with Hindly, he is slowly getting angry because he was put into a situation he had no control over. Now he feels he is being hurt because of something he was not responsible for. It s easy for people to sympathize with him because he is a child. He is not in control of his environment and he is brutally tormented and mistreated by Hindly. Later in the novel, after Heathcliff has acquired an education and refinement, he visits Edgar and Catherine and surprises everyone with his friendly nature and entertaining demeanor. Are they at home? Where is she? Nelly, are you not glad! You needn’t t be so disturbed. Is she hear? Speak! I want to have one word with her-your mistress. Go, and say some person from Gimmerton desires to see her. Heathcliff is now a tall, polite, and athletic young man. His countenance is intelligent and well-mannered, a huge difference from the young Heathcliff who ran off angry and humiliated when Catherine chose to marry Edgar instead of him. Heathcliff s return is a result of his need to see Catherine. It is an uncontrollable desire and it demonstrates his inability to accept her rejection of him. Once again, he is trying to be something that he is not. Despite the fact that he is no educated and refined, h still needs the acceptance of the family. He has to return because Creswell 4 his identity is tied to being a member of the family. He cannot reconcile the fact that he was rejected as an orphan and is now rejected as a young man. Because of his age, the reader does not sympathize with Heathcliff as much as when he was a child. Also, when he returned everything was calm and running smoothly in Catherines life and his selfish need to see her ruined that. However, despite the fact that he has now assumed some responsibility for his own life, he is still a sympathetic character because he is driven by his uncontrollable love and immaturity. At the conclusion of the novel, after years of frustration and coping with an unrequited love, Heathcliff is an angry and embittered individual who has lost his humanity. I know how to chastise children, you see, said the scoundrel, grimly, as he stopped to repossess himself of the key, which had dropped to the floor. Go to Linton now, as I told you; and cry at your ease! I shall be your father, tomorrow-all the father youll have in a few days-and you shall have plenty of that-you can bear plenty-you re no weakling-you shall have a daily taste, if I catch such a devil of a temper in your eyes again Heathcliff has become a bitter man who takes pleasure in humiliating people and inflicting his will on them. He has a nasty temper and a mean personality. Heathcliff takes pride in hurting people by physically and emotionally abusing them. The transition from tormented to tormentor has made Heathcliff a villain. He is an alienated and embittered man who has let life ruin him because he never got over a circumstance of his adoption that left him insecure and the rejection by Catherine that left him lonely and frustrated. Throughout the course of Heathcliff s Creswell 5 change from an innocent child to a corrupted man, the reader loses his empathy for Heathcliff and replaces it with hatred. Bronte, Emily Wuthering Heights 1847 Ed. Emily Bronte 4th ed. NewYork: Norton, 2003. Print.

Reflection on Major Paper #1 Essay Example | Topics and Well Written Essays - 250 words

Reflection on Major Paper #1 - Essay Example I was also able to develop a thesis statement on the first paragraph. The thesis statement was on analysis of the factors that influence oral participation in a foreign language class and its relations with English language development. Additionally, i was able to come up with a topic sentence in each paragraph. This helped in giving direction the rest part of the paragraph would take. Further, the topic sentence at the beginning of the paragraph helped in ensuring that the rest of the paragraph covered the same issue. Hence, there was no mixing of ideas in one paragraph. The other easy part was in coming up with a conclusion. The conclusion helped me demonstrate ability to analyse the issue. As a result, i was able to bring all the issues discussed in the body together. However, the most challenging thing was in finding sources. I had no idea of where to get the correct information that was credible on the topic. I had to roam from one search engine to another. This made it difficult to collect and analyse information that was credible. In conclusion, this first writing exposed me to many things. I believe it laid the foundation for me conducting more research on several issues. Moreover, I believe I will be able to work on few challenges such as searching for information and some punctuation errors that emerged in this

Essay Example | Topics and Well Written Essays - 500 words - 113

Essay Example It is not very easy to work with international students as they usually do not know the language well, so it is not very easy to communicate with them and it is very difficult to teach them. The instructors do their best to give students the time and knowledge they need to succeed. Also there is a laboratory available for students to improve phonetics and phonology of the English language. It is really helpful in language learning. As it was mentioned above, the program lacks focusing on the skills of writing and reading. It is important to organize book clubs and group reading with international students so they have more practice in reading and analyzing the text. It is important to spend more time reading and writing in order to improve the language skills. Many students face serious problems in writing in English, so writing practice is also very important. Learning more English will help students face fewer problems with the academic life. It will be easier for them to study. What is also important for the program is the need to focus on the developing close interaction with the student and work hard to build the students’ language and their ability to adapt to this environment. Also it is necessary to focus on mixing the international student with the American students to catch up informal language and to have the experience they should have. The essential thing to mention is that the program should provide the students with the classes depending on the development of the student and his needs. The last thing that must be mentioned is that in every program there are good sides and bad sides. Ashland University is not an exception. However, everyone should know his own needs, abilities and weaknesses and everyone should have an opportunity to gain more knowledge in the area that he considers to be his weakness. Learning how to write is not just a skill, it is a passion. Everyone can write but not everyone