Saturday, December 28, 2019
Comparing The Sun Also Rises and Tender is the Night
The Sun Also Rises and Tender is the Night Introduction Tender is the Night by F. Scott Fitzgerald and The Sun Also Rises by Ernest Hemingway both feature expatriate characters at loose ends and are an expression of a tragic, rather than a triumphant look at life and the experiences it throws our way. Both Jake Barnes, from Hemingways novel and Dick Diver from Fitzgeralds have been damaged by life. Each is pursuing happiness but hobbled by self destructive behaviors and choices. In the 1920s many Americans were disillusioned by the massive destruction and carnage of the Great War and were questioning the meaning of life. It was a time of prosperity for many and a time when many of the countries talented young writers had fled to Europe. These books speak of a period that marked the end of the Victorian age and the rejection of what was accepted to be proper decorum. Both novels have characters that drink excessively, are sexually promiscuous, and fail to establish any meaningful relationships through marriage. They are searching for meani ng in a world where there may not be any to be found. The Characters Jake Barnes was wounded during the First World War and as a result is rendered impotent. His injury keeps him from being with Brett Ashley, a woman he has loved for a very long time, but is unwilling to commit to Jake because she is unwilling to forsake her sex life. Dick Diver is a psychiatrist who has married a former patient, Nicole. Though ostensiblyShow MoreRelatedThe Tragedy of Romeo and Juliet655 Words à |à 3 Pagescomfortable enough to spread its leaves to the air. Furthermore, a simile is found when Romeo is describing love before the Capuletââ¬â¢s party. Due to his heartache from Rosaline, Romeo says, ââ¬Å"Is love a tender thing? It is too rough, Too rude, too boisterous, and it pricks like a thornâ⬠(I.iv.25-26). Romeo is comparing love to a thorn because it is painful. Love teases you and can hurt your heart, just as the thorn of a rose hurts if you touch it. Lastly, when Romeo is sneaking around the Capuletsââ¬â¢ party andRead MoreOne Hundred Years Of Sol itude By Gabriel Garcia Marquez1266 Words à |à 6 PagesGabriel Garcà a Mà ¡rquez uses is extraordinary. ââ¬Å" A smell of tender mushrooms, of wood flower fungus, of old and concentrated outdoors impregnated the air of the bedroom as it was breathe by the colossal old man weatherbeaten by the sun and the rain,â⬠(Mà ¡rquez 139). That description illustrates and shows the reader the decay of Jose Arcadio Buendia s body into nature as if it has consumed him so long ago through the sense of imagery. The author also uses the color yellow to convey a story and meaning behindRead MoreHow Fa Has the Use of English Language Enriched or Disrupted Life and Culture in Mauritius15928 Words à |à 64 Pagesquestions himself more, ââ¬Å"What is a man anyhow? What am I? what are you?â⬠(391). The curiosity derived from the narrator, overall, leads to the philosophical and most fundamental question of all, what is the meaning of life or why do we exist? The line also indicates ce rtain doubtfulness; if we truly do exist in the world. The third stanza reveals the answer to the numerous questions offset by the narrator, ââ¬Å"All I mark as my own you shall offset it with your ownâ⬠(392). The narrator believes the onlyRead MoreManagement and Study Unit41787 Words à |à 168 Pagesyour preparation for the examination. You will notice that some questions are direct, while others are indirect and require insight and application skills. You can expect a mixture of these types of questions in the examination. The prescribed book also includes a list of self-evaluation and multiple-choice questions at the end of each chapter. For your own enrichment, attempt to answer all these questions. THE STUDY PROCESS As mentioned earlier, the study guide, combined with the vii prescribedRead MoreManagement and Study Unit41775 Words à |à 168 Pagesyour preparation for the examination. You will notice that some questions are direct, while others are indirect and require insight and application skills. You can expect a mixture of these types of questions in the examination. The prescribed book also includes a list of self-evaluation and multiple-choice questions at the end of each chapter. For your own enrichment, attempt to answer all these questions. THE STUDY PROCESS As mentioned earlier, the study guide, combined with the vii prescribedRead MoreThe Epithet in the Novel Jane Eyre18849 Words à |à 76 Pagesthe certain contribution to a further work in linguistic text. The practical value of the work lies in the fact that the results of the investigation can be used in the courses of lectures in stylistics, seminars in style and text interpretation and also can be useful for practical courses of English language. The novel ââ¬Å"Jane Eyreâ⬠by Charlotte Bronte is used as linguistic material for our research. à In this work there were used the following methods of linguistic analysis: wordââ¬â¢s definitions analysisRead MoreAn Introduction to Hydrophonics and Controlled Environment Agriculture40110 Words à |à 161 Pagesnoted that rotting manure (compost) warms ripens the soil increasing growth; worked with potted plants. *92 B.C. Sergius Orata of Rome ââ¬â Invented a combusted gas heating system in which the warm air passed through flues in the floor. Bath water was also warmed by his system. *14-37 A.D. ââ¬â Cucumbers were grown off-season for the Roman Emperor Tiberius using a structure covered with ââ¬Å"transparent rockâ⬠(presumably mica). First known use of controlled environment agriculture. Other such structures describedRead Moretheme of alienation n no where man by kamala markandeya23279 Words à |à 94 Pagesmany centuries before Sophoclesââ¬â¢ time. All the scenes take place in front of the royal palace at Thebes. Thus Sophocles conforms to the principle of the unity of place. The events unfold in little more than twenty four hours. The play begins on the night when Antigone attempts to bury her brother for the first time. Her second attempt at burial occurs at noon the following day, when Antigone is apprehended. She is convicted and kept overnight in a cell. The next morning she is taken to a cave, herRead MoreMarketing Principle Quiz20161 Words à |à 81 Pagespreoccupied with its products and internal needs. | Correct Answer: | à b.à help ensure the firm retains its focus on consumers and does not become preoccupied with its products and internal needs. | Feedback: | The broader business mission of ââ¬Å"a good night sleepâ⬠will stimulate innovation and creativity because not all sleep aids are mattresses. It will lead the company to further growth. | | | | | à à Question 3 | 1 out of 1 points à | | For an exchange to take place | | | | | SelectedRead MoreBhopal Gas Disaster84210 Words à |à 337 Pageswhich flatly refused to assume any liabilities in India - or clean up the toxic poisons left behind saying that it was the responsibility of the Madhya Pradesh state government which had taken over the site. Today twenty five years since that fateful night, lakhs of people still living in the vicinity of the factory are exposed to toxic chemicals that continue to leach from tonnes of waste lying within the UCIL premises causing groundwater and soil contamination. As a result a whole new generation continues
Friday, December 20, 2019
The Factors of a Good Fraud Examiner - 926 Words
The development of fraud examiner/forensic accounting profession since the 2001 Enron Fraud After the Enron and WorldCom business climate, there came a new US federal law called Sarbanes ââ¬â Oxley Act. The SOX contains 11 titles that describe specific mandates and requirements for financial reporting. It makes corporate executives more accountable for their actions. Companies invested a tremendous amount of resources, time, and effort in order to comply with the requirements. It clearly improved the internal control environment and its ongoing continuity, but it has its limitations. And after Enron, firms also make effort to prevent fraud like: appointment of a new management team; replacement of its auditing firm; restructuring of itsâ⬠¦show more contentâ⬠¦Professional Skepticism: to recognize that fraud may be present, an attitude that includes a questioning mind and a critical assessment of the evidence and a commitment to persuasive evidence; 9. Team work and leadership: the fraud examiner must be a team player and like brainstorm and critical thinking. Fraud examiner and forensic accounting embrace many more disciplines than accountants. It is more challenged. Individuals must have higher education, developing knowledge frontiers, and have ongoing developments. To perform well at their job, Fraud Examiners need strong self-management, problem-solving, critical-thinking, organizational, interviewing, research, and writing skills. Because they must work well with different people from diverse backgrounds, they need excellent interpersonal, teamwork, and communication skills. Being personable, assertive, honest, detail-oriented, persistent, inquisitive, and flexible are some personality traits that successful Fraud Examiners share. Forensic accountants are currently in great demand, with the public need for honesty, fairness and transparency in reporting increasing exponentially. These forensic accountants need accounting, finance, law, investigative and research skills to identify, interpret, communicate and prevent fraud. As more and more companies look for forensic accountants andShow MoreRelatedHow to Incorporate the Fraud Triangle Theory797 Words à |à 4 PagesThe term of ââ¬Å"fraud triangleâ⬠was developed by Dr. Donald Cressey, a criminologist who studied embezzlers. The three basic elements of fraud triangle include perceived pressure, perceived opportunity, and the ability to rationalize. It explains the nature of many fraud offenders and also become a tool to assess the risk of fraud. It is important to companies to incorporate the fraud triangle theory in order to reduce the risk of fraud within their organization. From my standpoint, companies shouldRead Moretrueblood Essay878 Words à |à 4 Pagesof 2002 (SOX), the audit committee is vested with greater authority to oversee ï ¬ nancial reporting and the appropriation of assets. As a result, the audit committee is responsible for adequate supervision and reporting and for responding to: â⬠¢ fraud in a ï ¬ nancial statement audit; â⬠¢ actual, perceived or potential conï ¬â icts of interest; â⬠¢ anonymous tips and complaints; and â⬠¢ through interaction with general counsel, compliance matters such as those that relate to the Foreign Corrupt PracticesRead MoreVarious Types Of Occupational Fraud962 Words à |à 4 PagesTypes of Fraud The Association of Certified Fraud Examiners displays what is known as the Fraud Tree. It is a representation of the three major types of occupational fraud (www.acfe.com). Occupational fraud is any scheme that involves employees taking cash, resources, or misapplies assets of the business for their personal gain (www.smartceo.com). Type I: Corruption Corruption is an intentional, dishonest act where an employee abuses their position in the company for personal gain (www.curtinRead MoreWhy Fraud Is The Most Common Reason?2077 Words à |à 9 PagesFraud is defined as a deliberate misrepresentation that causes a person or business to suffer damages, often in the form of monetary losses through deception or concealment (Albrecht et al, 2014). Occupational Fraud as defined by the ACFE is the use of oneââ¬â¢s occupation for personal enrichment through the deliberate misuse or misapplication of the employing organizationââ¬â¢s resources or assets (Association of Certified Fraud Examiners, 2012). Traditional fraud triangle theory explains that propensityRead MoreEssay about Case 1.12:Madoff Securities1263 Words à |à 6 PagesFriehling Horowitz have likely resulted in the discovery of the Madoff fraud? Why or why not? 4. Professional auditing standards discuss the three key ââ¬Å"conditionsâ⬠that are typically present when a financial fraud occurs and identify a lengthy list of ââ¬Å"fraud risk factors.â⬠Briefly explain the difference between a fraud ââ¬Å"conditionâ⬠and a ââ¬Å"fraud risk factors,â⬠and provide examples of each. What fraud conditions and fraud risk factors were apparently present in the Madoff case? 5. In addition toRead MoreForensic Accounting7273 Words à |à 30 PagesManagerial Auditing Journal Emerald Article: Forensic accounting education: insights from academicians and certified fraud examiner practitioners Zabihollah Rezaee, E. James Burton Article information: To cite this document: Zabihollah Rezaee, E. James Burton, (1997),Forensic accounting education: insights from academicians and certified fraud examiner practitioners, Managerial Auditing Journal, Vol. 12 Iss: 9 pp. 479 - 489 Permanent link to this document: http://dx.doi.org/10.1108/02686909710185206Read MoreAcct 567 Devry Week One Homework2952 Words à |à 12 PagesNone of the above (à ) | à | Instructor Explanation: | Chapter 1, page 1-7 | | | à | Points Received: | 0 of 4 | à | Comments: | | | | Questionà 3. | Question : | (TCO A) Which is not one of the three Ms of financial statement fraud? | | à | Student Answer: | | Missing general ledger | à | | | Manipulation | à | | | Misrepresentation | à | | | Intentional misapplication | à | | | None of the above (à ) | à | Instructor Explanation: | Chapter 3, pageRead MoreCorporate Fraud, Within Corporate Governance1645 Words à |à 7 Pagesresult of fraud, scams, mismanagement, fraudulent reporting and audit failure among many other deficiencies present in the corporate governance model of various syndicates. Some of these made the very foundation of the financial markets unstable and open to financial crisis. The international and national community were compelled to more efficiently address the issues of corporate fraud, misconduct of management, corruption and weak audit measures. In this paper we will focus on fraud, mainly occupationalRead MoreOverview of Forensic Accounting Essay2975 Words à |à 12 Pagestax evasion amongst businesses that attempted to hide earnings in bank accounts in multiple states. Nowadays, forensic accounting is happening more often because of the increase of fraud, use of technology and other illegal activities. In todays society, increased technology has given people the ability to commit fraud on a huge scale and get away with it fairly easily (Winters, 2008). More criminals are now using computers and cell phones to store illegal activities and hide them from others. AlsoRead MoreThe Ethics Of The Fasb1166 Words à |à 5 Pagesdegree in accounting major. Aaron Lawson currently holds an assurance senior associate in PwC. The FairTax principles and goals are proposed against the current system of IRS. The principles and goals are very simple, fair, voluntary, transparent, and good for social security Medicare. The FairTax wants to repeal the individual income tax, alternative minimum tax, corporate and business income taxes, etc. The FairTax proposal does not define the value added tax, flat tax, regressive in nature, and
Thursday, December 12, 2019
Tok Janggut free essay sample
Theà Federation of Malayaà (Malay:à Persekutuan Tanah Melayu) is the name given to a federation of 11 states (nineà state sand two of theà Britishà Straits Settlements,à Penangà andà Malacca)à that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957. It was reconstituted asà Malaysiaà with the addition in 1963 ofà Singapore, Sabah, andà Sarawak. History From 1946 to 1948, the 11à states formed a singleà Britishà crown colonyà known as theà Malayan Union. Due to opposition fromà Malay nationalists, the Union was disbanded and replaced by the Federation of Malaya, which restored the symbolic positions of the rulers of the Malay states. Within the Federation, while the Malay states wereà protectoratesà of theà United Kingdom, Penang and Malacca remained British colonial territories. In 1963, the Federation was reconstituted as Malaysia when it federated with the British territories of Singapore, Sarawak, andà British North Borneoà (renamed Sabah); the latter territory was claimed to be a part of the Sultanate of Sulu. We will write a custom essay sample on Tok Janggut or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Singapore separated from Malaysia to become an independent republic on 9à Augustà 1965. The Federation Agreement The Federation of Malaya Agreement was formulated by the Britishââ¬âMalay Pleno Conference between June and December 1946. At the end of the meeting, the Pleno Conference produced a 100-page Blue Book. Although enshrining concepts such asà federalismà and a constitutional monarchy, the proposed Malayan constitution by the Reid Commission also contained provisions protecting special position for theà Malays, such asà quotasà in admission to higher education and the civil service, and makingà Islamà the official religion of the federation. It also madeà Malayà the official language of the nation, although the right to vernacular education in Chinese andà Tamilà would be protected. Althoughà Tunku Abdul Rahmanà and the Malay rulers had asked the Reid Commission to ensure that in an independentà Malayaà all nationals should be accorded equal rights, privileges and opportunities and there must not be discrimination on grounds of race and creed, the Malays special position, which many in the rulingà United Malays National Organisation backed, were cited as necessary by the Reid Commission as a form ofà affirmative action.
Wednesday, December 4, 2019
Contract Law Case Study of Shivran - MyAssignmenthelp.com
Questions: Box 1 Fact scenario Shivran decided to buy a new washing machine at White Goods R Us, a major retailer of household appliances. As he is environmentally aware, he wanted to buy a washing machine with low electricity consumption and visited the local store. He made the salesperson at White Goods R Us aware of his energy saving requirement. The salesperson said that a manufacturer of the washing machines, Matelot gmb, was running a promotion and pointed to large posters around the store stating the price and describing the key features of Matelot gmbs washing machines. Shivran said he was interested in the LowAmp-15 range, which, according to the poster had a special energy save facility. He said to the salesperson that he was particularly interested in the model called LowAmpere-15 in this range. The salesperson then told Shivran there was a special promotion on another machine. The other washing machine was the Ohms-42 model and that it had the same energy saving specification, was especially strong and reliable and was, therefore, popular with both domestic consumers and commercial users. (Shivran thought to himself he could buy two machines: one to clean laundry in his hotel business and the other to clean his clothes and domestic laundry at his flat. The flat was above his small hotel/restaurant). The salesperson pointed out that another advantage of buying this model in the promotion over the LowAmpere-15 was that the purchase also included a Stoof T40 vacuum cleaner. Both machines were manufactured by Matelot gmb. Shivran remembered he had s een White Goods R USs advert on TV stating the Stoof T40 vacuum cleaner was a lightweight machine, easy to lift around the house, and that it had especially low noise characteristics. Shivran informed the salesperson that he did not need a vacuum cleaner but said he had seen the advert on TV about the energy saving and special lightweight feature of the Stoof T40, and it would be good for his elderly mother (Fleur) who was an artist and too frail to lift normal vacuum cleaners. The salesperson said nothing but simply added that, if he purchased both machines today and was able to receive delivery tomorrow, delivery was free. Shivran said his mother lived over 100 miles way away and he could not take it to her. Shivran gave his mothers address to the salesperson who then made a phone call to his supervisor. The supervisor then confirmed the goods would be delivered separately. The result was that Shivran paid 699 for the goods: two washing machines with vacuum cleaners, including delivery. The two washing machines and one vacuum cleaner were delivered to him the next day and the other vacuum cleaner to his mother at her address the following day. After installing one of the washing machines in his flat, he loaded it for the first time and shut the door. After it had been running for a few minutes he noticed that it did not have the energy save facility. However, as he had already loaded the machine and it had begun its wet cycle, Shivran decided to continue with washing the clothes in the machine rather than run the risk of flooding his floor by taking the clothes out before the cycle finished. Twenty minutes after he had turned it on he noticed a smell of burning. He went over to investigate, and, without warning, the machine burst into flames, setting fire to the kitchen cabinet above it. While putting out the fire Shivran suffered second degree burns to his hands. His doctor said it would not be safe for him to work for four weeks, especially as he was serving the public with food. Shivran is a self-employed hotelier with net earnings of around 1600 a week. The clothes in the machine were burnt, as was some of the wooden flooring on the kitchen floor. Shivran asked an electrician to look at the machine. The electrician thought that a defective component in the machine had caused the problem; the delivery and installation of the washing machine had been satisfactory. In the meantime, he heard that his mother had strained her back while using the vacuum cleaner for the first time and that as a result she was in traction in hospital. When he visited her in hospital she told him that she would be bed bound for three months and would not be able to work, and would lose commissions totalling 2000. On visiting her home he found that the machine delivered was a Stoof T40. He checked the specifications in the delivery note and discovered that this model was a very heavy industrial machine. He then went back to White Goods R Us to complain but the complaints manager told him that it was all Matelot gmbs responsibility, not theirs. Shivran was told to look on the back of the order form he had signed when he bought the washing machine and vacuum cleaner. It read: White Goods R Us is not liable for any loss or damage whatsoever in relation to items which prove to be faulty. Customers must rely on the Matelot gmbs guarantee. Shivran then read the guarantee, which stated: Matelot gmb will put right, free of charge, any defects in its electrical appliances for a period of two years from the date of purchase. If the electrical appliance is beyond economic repair, then Matelot gmb will replace it. However, Matelot gmb is not liable under the terms of this guarantee for any losses caused by any such defects. Question 1 On what grounds could Shivran pursue a claim in contract against White Goods R Us? Question 2 On what grounds could Shivrans mother pursue a claim against White Goods R Us? Answers: Issues The legal issues, which arise from the given facts, may be stated as follows; Whether Shivran is entitled to institute proceedings against White Goods R Us under the law of contract? If so, what are the grounds on which such proceedings can be instituted? Relevant Legal Principles A contract is an agreement enforceable at law. An agreement gives rise to rights and obligations of the concerned parties. In case of contracts, the rights and obligations are enforceable in a court of law. However, situations arise which destroy the basis upon which a contract is formed. Such situation may arise due to the occurrence or non-occurrence of any event or the existence or non-existence of any fact. Such situations lead to the discharge of the contract or vitiation of a contract. In this context, a contract for sale of goods is applicable. A contract for sale of a goods is deemed to be a contract under which the property with respect to certain goods are transferred by the seller to the buyer in consideration of a money referred to as price. In the United Kingdom, the provisions of the Consumer Rights Act 2015 govern a contract of sale. A contract for sale of goods may be either in writing or in words. A contract may as well be implied from the conduct of the parties. In a contract regarding sale of goods the statue implies certain terms for the purpose of rendering protection to the buyer. Under the provisions of the Consumer Rights Act 2015, a purchaser of goods, is entitled to the following protections; When a seller purports to sell goods by description, the goods must correspond to the description (Section 11) Goods sold must be fit for purpose (Section 10) The goods sold by a seller ought to be of satisfactory quality (Section 9) When goods are sold by sample, the final goods delivered to the buyer ought to correspond to the sample in terms of quality (Section 13) Section 10 of the Act applies in cases where within the course of trade goods are sold. This provision imposes burden upon sellers to sell goods which are of satisfactory quality. The provisions of this section are not applicable in cases where the seller has attracted the attention of the buyer towards the defects of the goods and the buyer had a reasonable opportunity to examine the goods (Great Britain., 2015). We may discuss common law provisions in this context. In order to determine whether goods are of satisfactory quality, the courts take into consideration various factors. The primary criterion for determining satisfactory quality of goods is the rationale of a reasonable person. In the given circumstances, what a person of reasonable prudence would think is considered (Furmston, Cheshire and Fifoot, 2012). The quality of goods is determined on the basis of the following factors; Fitness for all such purposes for which the goods in question are supplied; The goods must be free from minor defects; The goods in question must be safety and ought not cause harm upon use; The goods in question must also be durable (Furmston, 2000) Having applied the above-referred conditions to the facts of a given case, the courts determine whether goods sold are of satisfactory quality or not. For instance, if a pair of shoes fall apart within a few days of purchase, the seller is held liable for supplying goods, which are not of satisfactory quality (Macleod, 2006). The court also apply acceptability test in order to determine quality of goods. This takes considers whether a purchaser of reasonable prudence would have purchased the product in spite of being aware of the defect. In this context, we may cite the case of Shine v. general Guarantee Corp (Shine v. general Guarantee Corp, [1988]). In this case, the plaintiff had purchased a second hand car for a dealer of cars. The car gave constant trouble. Upon inquiry, it was found that the car had met with an accident and was completely submerged into water. An action under Section 14(2) of the Act was instituted against the dealer. The court observed that in case of consumer sales courts apply the test of acceptability for determining quality of goods. In this case, a purchaser of reasonable prudence would not have purchased the product if he were aware of the defects. Thus, the dealer was found liable for breach of contract (McConnell, 2002). Another test applied by the courts in these cases is the usability test. This test takes into consideration whether a purchaser of reasonable prudence could have used the goods in question for the purpose for which the said goods are commonly sold. In Aswan Engineering v. Lupdine (Aswan Engineering v. Lupdine, [1987]) liquid waterproofing was purchased by the claimant which were contained in plastic pails. It was stated that the pails can be stored outside. The claimant in this case stored the pails outside in soaring temperatures of 70 degree Celsius leading to the melting of the pails. The court applied the usability test and observed that if the goods would have been used for purposes for which they are commonly used, they could have been used. Extreme weather conditions lead to the melting of the pails. There was no breach of contract in this case (Postema, 2001). Section 11 of the Act provides that in cases where goods are sold by description, it is mandatory that the goods must correspond to the description. However, if the buyer had an opportunity of inspecting the goods before purchase, then the provisions of this Section will not apply. Section 31 of the Act provides that liability arising under the above-stated Sections cannot be excluded by a seller. Application Applying the afore-stated legal principles and case laws to the facts of the given case, we may state as follows; In the given case, Shivran had made it clear to the salesperson of White Goods R Us that he wished to purchase energy saving washing machine and he also expressed his intention to purchase a washing machine belonging to the Low Ampere 15 range. However, the salesperson told him that he should purchase the model Ohms 42 as it had the same energy saving feature and was comparatively more reliable and durable. Shivran relied upon the description given by the salesperson and brought two washing machines. Thus, it was sale by description. As per the legal provisions discussed above, the final delivered washing machine must conform to the description. In the absence of such conformation, it would amount to breach of contract of sale as in this case a contract of sale was entered into between Shivran and White Goods Us. Upon installation of the washing machines, Shivran found that the said model does not save energy. Moreover, it also burst while being used for the first time. As required by the provisions of the Consumer Rights Act 2015 the goods do not match with description leading to violation of Section 11 of the Act. They are also not of satisfactory quality as required under the provisions of Section 9 of the Act. The washing machine was also not fit for purpose as required by Section 10 of the Act. A person of reasonable prudence would not have purchased the goods if he/ she were aware of the defects of the goods. Thus, White Goods R Us has committed breach of contract of sale of goods. Moreover, under the terms of the Consumer Rights Act 2015 action for breach of contract may be instituted for misrepresentation. Conclusion The above discussion may be concluded by stating that Shivran is entitled to institute proceedings against White Goods R Us for breach of contract for sale of goods under Sections 9, 10, 11, 31 of the Consumer Rights Act, 2015. 2. Issue Whether Shivrans mother is entitled to institute an action against White Goods R Us? If so, under what grounds? Relevant Legal Principles Shivans mother can institute action against White Goods R Us on the ground of negligence under the law of torts. The law of negligence lays down that when a person fails to abide by the duty of care owed towards another and the said breach of duty of care causes the other person to suffer harm or injury then the former is held liable under the law of negligence. In the given case, the relationship between Shivran and White Goods R Us presupposes the existence of duty of care. The harm was foreseeable in this case. White Goods R Us failed to take reasonable care to ensure that harm is not caused ( Zipursky, 2011). Application Shivrans mother had to be hospitalized for the negligent conduct of White Goods R Us. She also suffered economic loss of 2000. When Shivran had specified that he is looking for a light weight vacuum cleaner for his mother he should not have been provided with a heavy weight vacuum cleaner. Conclusion Shivrans mother may bring action for negligence against White Goods R Us under the law of torts. Reference List Aswan Engineering v. Lupdine [1987]All ER 1, p.135. Furmston, M.P., 2000.Sale and Supply of Goods. Psychology Press. Furmston, M.P., Cheshire, G.C. and Fifoot, C.H.S., 2012.Cheshire, Fifoot and Furmston's law of contract. Oxford university press. Great Britain., (2015). Consumer rights act 2015 (commencement no. 3, transitional provisions, savings and... consequential amendments) order 2015. [S.l.]: Tso. Macleod, J. (2006). Consumer sales law. Abingdon, UK: Routledge. McConnell, S. (n.d.). Consumer Rights Act 2015. Postema, G. (2001). Philosophy and the law of torts. Cambridge, UK: Cambridge University Press. Shine v. general Guarantee Corp [1988]All ER 1, p.911. Zipursky, B.C., 2012. The law of torts.The Routledge Companion to Philosophy of Law, p.261.
Thursday, November 28, 2019
Portrait Of The Artist As Young Man Essays -
Portrait Of The Artist As Young Man Portrait of the Artist as a Young Man By: Valerie Gomez Stephen Dedalus, the main character in most of James Joyce's writings, is said to be a reflection of Joyce himself. In A Portrait of the Artist as a Young Man, the reader follows Stephen as he develops from a young child into a young artist, overcoming many conflicts both internally and externally, and narrowly escaping a life long commitment to the clergy. Through Joyce's use of free indirect style, all of Stephen's speech, actions, and thoughts are filtered through the narrator of the story. However, since Joyce so strongly identifies with Stephen, his character's style and personality greatly influence the narrator. This use of free indirect style and stylistic contagion makes Joyce's use of descriptive language one of his most valuable tools in accurately depicting Stephen Dedalus's developing ideals of feminine beauty. As a very young child Stephen is taught to idealize the Virgin Mary for her purity and holiness. She is described to Stephen as "a tower of Ivory" and a "House of Gold" (p.35). Stephen takes this literally and becomes confused as to how these beautiful elements of ivory and gold could make up a human being. This confusion is important in that it shows Stephen's inability to grasp abstraction. He is a young child who does not yet understand how someone can say one thing and mean something else. This also explains his trouble in the future with solving the riddles and puzzles presented to him by his classmates at Clongowes. Stephen is very thoughtful and observant and looks for his own way to explain or rationalize the things that he does not understand. In this manner he can find those traits that he associates with the Blessed Mary in his protestant playmate Eileen. Her hands are "long and white and thin and cold and soft. That was ivory: a cold white thing. That was the meaning of Tower of Ivory" (p.36). "Her fair hair had streamed out behind her like gold in the sun" (p.43). To Stephen that is the meaning of House of Gold. He then attributes Eileen's ivory hands to the fact that she is a girl and generalized these traits to all females. This produces a major conflict for Stephen when his tutor, Dante, tells him not to play with Eileen because she is a Protestant and Protestants don't understand the Catholic faith and therefore will make a mockery of it. His ideas about women being unattainable are confirmed. The Virgin Mary is divine and therefore out of reach for mortals. Now Eileen, the human representation of the Blessed Mary, is out of reach as well because Stephen is not allowed to play with her. In chapter two an amazing transformation takes place in Stephen from a young innocent child who believes women are unattainable and who idealizes the Virgin Mary, into a young teen with awakening sexual desires. As Stephen matures into adolescence, he becomes increasingly aware of his sexuality, which at times is confusing to him. At the beginning of the second chapter in A Portrait, we find Stephen associating feminine beauty with the heroine Mercedes in Alexander Dumont Pere's The Count of Monte Cristo. "Outside Blackrock, on the road that led to the mountains, stood a small whitewashed house in the garden of which grew many rosebushes: and in this house, he told himself, another Mercedes lived....there appeared an image of himself, grown older and sadder, standing in a moonlit garden with Mercedes who had so many years before slighted his love..."(p. 62-3). These fantasies about Mercedes are the first real step for Stephen in challenging the church's view of women, but again he feels as though this image of women is out of his reach. She is a fictional character in a Romantic Adventure novel and he can only imagine himself with her. Although Mercedes may not be real, the feelings that Stephen has and the emotions she provokes in him are very real. "...As he brooded upon her image, a strange unrest crept into his blood." (p.64). "...but a premonition which led him on told him that this image would, without any overt act of his, encounter him... and in that moment of supreme tenderness he would be transfigured. He would fade into something impalpable under her eyes and then in a moment, he would be transfigured. Weakness and timidity and inexperience would fall from him that magic moment." (p.65). Stephen realizes that some transformation is going to take place,
Sunday, November 24, 2019
Crucible confession Essays
Crucible confession Essays Crucible confession Paper Crucible confession Paper The Crucible is a play about the mass hysteria and persecution, which eventually led to the tragic Salem witch trials in 1692. It was written by Arthur Miller in 1953 and was performed all over America in the 1950s. It was set in the late 17th Century and follows the life of a farmer falsely accused of witchcraft. The tragic drama was set in Salem at the time of the famous witch trials and gives the audience an insight as to a possible story that may have occurred. The play shows how a calm, farming community can be rocked by fear and paranoia of the devil. The play leads the audience through a time period of around 3 months; starting with the first accusations made by troubled youths, through the trials of those accused and finally concludes with the false execution of a hero, broken down and built up again through the play. When the play was first released and performed in 1952 it was not accepted by society. This is because many of the people that became aware of the play and its themes related it to the communist trials of the time. The communist trials were trials of those thought to be supporting the expanding communist community in the 1940s and 1950s. People were called upon to name those they believed to be communist in front of a court. This had remarkable similarities to claims made by the youths in The Crucible. People associated supporting Arthur Millers play to supporting the communist nation. However the play is now accepted as being one of the greatest English plays ever written. This is because now people do not see communism as such a major threat. The theme of fear even has relevance to today. People of today are scared of the growing power of China, especially the USA. China has a huge population and with people working at extremely low wages, products can be made very cheaply. His means that the country as a whole is very rich even though the general population is not. This is worrying because products from China are replacing US products in the market because they are cheaper. Many people joke of how China is taking over the world, but looking at the facts they know just how right they could be. This relates to the play because it again shows how a society can be changed due to fear and paranoia. This shows us how the play still has significance today. Though many now see the play as an outstanding tragedy with outstanding emotion and insight to the lives of those accused in the witch trials. One of the main reasons why the play has had such success in recent years is its fantastic, dramatic ending. This is where John Proctor, tried and sentenced to death for dealing with the devil, formally confesses to his sins to save his life. When the judges refuse to let him keep the formal account of his confession (it is to be nailed to the church door to inform the town of his confession) he tears it up! This is truly a shocking climax that strikes and stuns the audience. Arthur Miller succeeds in making this moment of the play highly dramatic in a variety of ways. He uses stage directions, dialogue and the reactions of characters to achieve this sense of drama building throughout the play. And when it finally breaks down the audience is left feeling sorrowful over the death of John Proctor and truly exhausted over the emotional ending. The end scene bewilders the audience, as this strong drama is layered slowly throughout the play, and fluently increases the emotion held by the audience for the main characters. Arthur Miller successful creates drama that explodes with precision. The audience seem lost in the way that tension that is, so slowly yet fluently, built up it is unnoticeable until the tearing of the confession when there is a sudden jolt of the pace and drama of the play. In Act 1 there is quite a lot of background information given about the setting and situations of characters before we actually meet John Proctor. For example the audience finds out that Abigail drank a charm to kill John Proctors wife. This shocks the audience because this is the first time that the fact that the girls are not children becomes apparent. All through the scene so far the girls have acted like children in front of adults and like wise the adults have treated the girls like children. This also builds up the audiences expectations of John Proctor, they wonder of his relationship with his wife and why Abigail would want her dead. Very soon after this shocking truth is let known to the audience we meet Proctor. He is introduced as a sinner by Arthur Millers notes, so it is thought that an actor trying to play John Proctors character may try to portray this in a performance. Proctors first speech is made towards Mary Warren, whom we know is one of the girls who was present at the scene where the girls danced and supposedly performed witchcraft (though she swears she only watched them. ) Proctor tells Mary to go to his house she is a servant of his. He even threatens her with her job, Why shall I pay you? I am looking for you more often then my cows. This shows us that John Proctor is a firm and boss like character. It is important that we see this side of Proctor first, we will soon learn of his affair with Abigail and how he sweated like a stallion when ever Abigail was near him and that he has been looking up at her window. This has a huge effect of how the audience perceives John Proctor at the beginning of the play. It shows us that he is a sinner who has a serious weakness and this may make the audience this that he is a bad character. However the fact that he sweated like a stallion shows that he is conscious that what he is doing is wrong and that he does not want to act on his feelings towards Abigail. This shows us that he is a reformed sinner and that he realised what he was doing was wrong and now does not wish to be in that situation again. The sign of firmness that he gives Mary (someone he is the boss of) and the firmness he gives Abigail when she tries to re-light their relationship can be compared. We can see from the way that he gets angry with her for trying to be close to him; he pushes her aside. Then when she mentions Elizabeth Proctor John roars at her and threatens her with a whipping. This will show the audience what Proctor thinks of Elizabeth and more importantly what he thinks of his relationship with Abigail. This reveals that he has a certain loathing towards Abigail and his affair with her. He now feelings the need to protect Elizabeth and this shows the audience yet again that he is a reformed sinner and a presently good character. The audience has a perceived image of what a man in an affair will think of his wife and how he will react to his mistress speaking wickedly of his wife. He defends Elizabeth and threatens Abigail with a whipping, this stands out and stuns the audience. Firstly the fact that Proctor threatens Abigail, Do you look for whippin? This shows the audience that he no longer has feelings for her and that he wishes to end the affair. This shows the audience that he is a reformed sinner. This also restores the idea that the adults of the town think of the girls and children. Proctor obviously is unaware of Abigails actions in the forest, that she drank a charm to kill Goody Proctor, he still sees her as a child that he has control over. The fact that Proctor does not want to pursue his affair shows the audience that their assumption of the Proctor-Abigail relationship was wrong and that it is in fact Abigail that is encouraging the affair, not John Proctor. This again shows the audience that though the towns folk may treat the girls as if they are children, they are certainly not.
Thursday, November 21, 2019
Choose one of the following Essay Example | Topics and Well Written Essays - 750 words
Choose one of the following - Essay Example It has been difficult to determine when this unique trait emerged, but they could have been on their feet before over 3 million-year-old Laetoli footprints were made (Reader and Andrew 413). The prints though did not bear semblance to that of modern, they were indeed those of a bipedal primate. Bipedalism Features They are the impressions of feet that lacked a distinctive human rounded ball, ors welling, at the base of the great toe, that had no well-defined arch, and that retained ever so slightly divergent great toes. Transformation from a quadrupedal knuckle walking to bipedalism involves various anatomical changes; development of longer legs angling of femur inwards, the feet develop an arch, the bigger toe is elongated, the pelvis is lowered, and it broadens. Additionally, the spinal cord of the hominid develops in such a manner that the vertebral bends frontward to sustain bipedalism traits. The Postural Feeding Hypothesis There are several competing hypotheses that have been p ut forward by anthropologists to explain the origin of bipedalism in hominids using non-human primates as referential models for our common ancestors. The postural feeding hypothesis (McGrew et al 282) explains bipedalism from an ecological view and explains the shared feeding behaviours exhibited by the chimpanzee and australopithecines are sufficiently common in other apes to influence anatomy. The hominids fed on relatively short trees and this gave them certain selection characters and instead adopting an upright posture and this lead to bipedalism. The other great apes for example chimpanzees do not have a straight gait and human straight gait is much more efficient than their bipedalism and quadrapedalism Hunt came up with the hypothesis after spending close to seven hundred hours observing chimpanzees in the wilderness in central Tanzania (Lewin 115). From his observation of these great apes in the wild, he found out that their feeding habits bordered on postural and this lea d to bipedalism. The hypothesis suggests that early hominids would reach out for fruits by dangling with the front limbs, and bipedalism was applied by grasping for an overhead branch. He found out that 80% of bipedalism was observed during chimpanzee feeding with arm hanging to stabilize the posture, this become the corner stone of the hypothesis. The australopithecines have shown adaptations of the torso form to arm hanging which infers that the apes adapted to arboreal bipedal fruit collection. A major basis of this hypothesis is the argument that the existence of bipedalism during certain aspects of life in extant apes provides evidence of the selective pressures that led to hominid bipedalism. According to this model, the early origin of bipedalism later evolved gradually into a habitual way of movement and this steadily led to bipedalism by the early man. Heat Hypothesis by Wheeler Peter Wheelers heat hypothesis proposes a thermoregulatory selective adaptation of bipedal homin ids to increased heat loss, increased cooling, condensed heat gain and condensed water necessities (McGrew et al 282). By adopting the bipedal posture, hominids were exposed to cooler air since the speed of wind is faster further away from the ground. Additionally, the
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