Passing: Black People and Hold Clare Essay

The novel â€Å"Passing† was written in 1929 and become one of the most famous novels of Nella Larsen. Like other novels which were also written about â€Å"passing†, â€Å"Passing† of Nella Larsen reflects the tough life of African-American in the 19th century, when they were struggling with racism to have the equal rights. Clare Kendry and Irene Redfield in â€Å"Passing† both were born Negroes but with light skin so that they could be â€Å"passing†. However, these two women have different choices in their life, which lead to the tragedy when they meet each other after twelve years. The novel ends with Clare’s death without revealing to the readers who kills her, which encourages the readers to think of the uncertain end of â€Å"Passing† by logically interpreting evidence throughout of the novel. By that way, Nella Larsen might want her readers to be open-minded to understand how people become the victim of inequality and social restriction in term of race and gender. Ending her novel in uncertainty, Nella Larsen makes her readers curious about who is responsible for Clare’s death. The two possible things might happen are whether Clare commits suicide or Irene pushes her out of the window. Clare has her reasons to commit suicide since her husband finds out that she was born a Negro. For him, all Negroes are â€Å"black scrimy devils† and â€Å"always robbing and killing people† (70). These prejudices exist not only in Jack’s mind but also among many white people. These cruel prejudices and discrimination had threatened Clare’s marriage for a long time before her death. Clare might be always ready for the day that the truth about her race would take everything from her. When Irene asked her whether she thought of how she could do if her husband finds out about her race, she just said yes with a smile. And at the moment Clare stands near the window, â€Å"she seemed unaware of danger or uncaring. There was even a faint smile on her full, red lips, and in her shining eyes† (209). When Clare takes a risk by joining the Negroes community, she might prepare for that day, for her death. However, there are also evidences for the possibility that Irene kills Clare. First, she has the motivation. In Irene’s mind, Clare is one who â€Å"not only that she wanted to have her cake and eat it too, but that she wanted to nibble at the cakes of other folk as well† (88). Before seeing Clare, Irene’s life keeps going on under her control: a family with a doctor husband and two kids, living in Negroes community†¦ But Clare comes and raises the fear inside Irene that Clare and Brian, Irene’s husband, might have an affair. Although Irene doesn’t have any clear proofs for what she suspect, but she can feel it through the changing in attitude of Brian: â€Å"For a minute, Irene hesitated, then turned her head, though she knew what it was the held Hugh’s gaze. Clare, who had suddenly clouded all her days. Brian, the father of Ted and Junior†¦then she saw him smile, and the smile made his face all eager, and shining. †(169-170). Secondly, the readers can realize how the presence of Clare makes Irene suffers: â€Å"It hurt. It hurt like hell†¦She was very tired of Clare Kendry. She wanted to be free of her. †(174-179). The readers also has reason to suspect Irene since she already think of how to get rid of Clare before Clare’s death: â€Å"If Clare should die†¦To think, yes, to wish that†¦the thought stayed with her. She could not get rid of it†(187). In the party, before Clare falls out from the window, Irene is the one who open it despite of the cold outside. The image of Irene â€Å"watching the tiny spark drop slowly to the white ground† makes the readers relates to the falling down of Clare after that (207). At the moment that Clare stands at the window, Irene â€Å"laid a hand on Clare’s bare arm. One thought possessed her. She couldn’t have Clare Kendry cast aside by Bellew. She couldn’t have her free†(209). And watching Clare falls out from the window, â€Å"Irene wasn’t sorry. She was amazed†(210). Irene’s thought and attitude towards Clare at the moment she falls out from the window proved that Irene, whether responsible for Clare’s death or not, wants Clare to die. Therefore, the readers can suspect that Irene is the one who push Clare out of the window, leading to Clare’s death. Despite of many clues support for the possibility that Irene kills Clare, the author doesn’t want an obvious end for her novel. She keeps questioning her readers about how much they could trust what they see. Throughout the novel, Nella Larsen expresses her attitude in ridicule of white people’s blindness when they discriminate black people without knowing who they really are. Jack, a racist, marries a Negro woman because he believes in what he sees. Many people witness Clare’s death but nobody could be sure about what they saw. They even suspect Jack since he is the only white people there. By ending the novel in uncertainty, Nella Larsen questions her readers about how they interpret and understand who or what pushes people to death. If there is no racism, Clare would not commit suicide, and Jack wouldn’t be suspected just because he is white. Therefore, the most suspicious person would be Irene. If Irene doesn’t have any pressure about keeping her life as it must be according to social norms, she wouldn’t have motivation to kill Clare since she doesn’t love Brian: â€Å"She couldn’t now be sure that she had ever truly known love. Not even for Brian†¦ she still intended to hold fast to the outer shell of her marriage, to keep her life fixed, certain† (201). The image of Irene put her hand on Clare’s bare arms before Clare falling out of the window symbolize for the struggling inside Irene. Irene plays the role of one who could help Clare come back to her community, but she also puts Clare in risk by not telling Clare about Jack seeing Irene with a black woman. Before Clare died, Irene must be the one hold Clare back, but she is also suspicious for killing Irene. The truth isn’t always revealed in what we see, but also in how we interpret what we know about it, which depends much on our attitude toward it. Nella Larsen let her readers have their own way to think of this uncertain end in order to question their beliefs and their values. This uncertain end of â€Å"Passing† also like the uncertainty of people’s life under various pressures comes from social restriction such as race and gender. Clare’s death symbolize for people as the victim of inequality and social restriction.

Advantages and barriers of harmonizing International Financial Reporting Standards throughout the world Essay

The development in international trade and capital flows that has occurred over the previous two decades has increased the desire to harmonise accounting standards across the globe. The appeal of international accounting harmonization has been extensively discussed. Numerous academics Ali, J M (2005), Adhikari and Tondkar (1992), Saudagaran (1997) argue that adopting International Financial Reporing Standards (IFRS) would bring great benefits to society, such as comparability of statements between countries, progression and development of capital markets and communication and relationships between multinational companies. It has also been debated by some Blake (199O), Nair and Frank (1981), Nobes and Parker (2004 ), Arpan and Radebaugh (1985), Deegan (2005) that with the rewards gained from harmonization come some barriers; economic consequences, nationalism and the lack of professional bodies. One of the most valuable features that would come from harmonization would be the comparability of international financial information. Currently there is great misunderstandings about the foreign financial statements, improving comparability would remove this issue and it would also eliminate one of the most significant barriers to the flow of international investment. Global harmonization would save time and money that is presently being spent on uniting differing financial information when more than one set of reports is required to comply with the different national laws or practice Blake (1990). It will also improve the tendency for accounting standards throughout the world to be raised to the highest possible level and to be consistent with local economic, legal and social conditions. Having one international accounting language is beneficial for the worldwide comparison of statements and understandability. Unifying accounting standards would also help the development and expansion of capital markets. Ali, J M (2005). In the last two decades the growth in capital markets has been very dramatic. This increase has brought about a number of issues. One concern is the variance in accounting disclosure standards and practices worldwide, which is concerning for a variety of different groups Adhikari and Tondkar (1992). IFRS would allow foreign investors, financial analysts and foreign lenders to have a greater  understanding of the financial statements of different international companies and they would be able to compare the investment opportunities which will help them to make the right investment decision. The group that would benefit the most out of the harmonisation of accounting standards would be the Multi-national companies (MNC’s) as the communication of financial information within the groups would become easier. With the harmonization of reporting standards it would be eas ier for MNC’s to fulfil the disclosure requirement for stock exchanges around the world. Many of the new foreign investment by MNCs is taking place in developing countries and at the same time that there has been a sharp decline in new investments in industrialized nations Saudagaran (1997). This means that due to the remarkable differences between financial reporting MNCs have to create numerous consolidated financial statements in regards to the regulations for each separate country. To do this it takes a great deal of time and resources, this problem would be eliminated by the adoption of IFRS. A subject of debate is whether the accounting regulators take the issue of economic consequences into account when deciding on whether to adopt the IFRS. Many companies do not take on the change as bringing change into their accounting standards will raise costs. This resistance may occur with the harmonization of accounting standards Blake (1990). Nair and Frank (1981) stated â€Å"national accounting group would lobby in this fashion in order to minimize the costs associated with changing to a new standard, or to avoid stigma of noncompliance if it chooses instead to ignore the new international standard†. It is also discussed that accountants may lose their credibilit y if they are to answer to the economic consequences pressures whilst it is also discussed that it is a vital matter if accounting regulations are to command general support. Blake (1990) provides evidence of how accounting standard setters were influenced by economic consequence issues in different countries. Economic consequence issues may cause diversity of accounting practices because they are a result of the national cultural and regulatory framework. One of the barriers for harmonization may be nationalism. Nobes and Parker (2004) advocate that nationalism will cause a refusal to accept accounting standards that is to be developed by other countries. Each country follows the belief that they have in place the better system and that other countries accounting  standards are of an inferior nature Arpan and Radebaugh (1985). Some countries that have faults and inadequacies within their standards will chose not to adopt the IFRSs as they can benefit from these ineffiecies. An example is given by Carlson (1997) who acknowledges that governments may view attempts by the IASC to alter national accounting rules as infringements upon national sovereignty. Developing nations and those which have been colonies of imperial powers are particularly sensitive to intrusions. Wallace (1990) identifies three reasons in favour of survival of the IASC/IASB, including the increasing internationalization of business and finance, the composite nature of its standards, and the absence of rival in the development of global accounting standards. Another political obstacle that may arise, which is discussed by Nobes and Parker (2004) is that there are several countries that are not in the presence of strong practiced accounting bodies. The IASB wanted to work through national accountancy bodies but this is an issue as they are not all countries have effective bodies. The IOSCO came forth with the suggestion of the adoption of IASB standards as an acceptable basis for the preparation of financial statements to member exchanges throughout the world. This means that a company looking for listing in another country does not have to adjust its reports to fulfil the specific national requirements if the reports are already in agreement with IASB standards Deegan (2005). The need for the harmonization of IFRS is definitely evident. As discussed earlier there are a great number of benefits that would arise from this progression. To provide a professional, developing and strong accounting environment it would be necessary. Despite the benefits there are a number of barriers and hurdles that need to be overcome in order to bring about the harmonization of international accounting standards. In order to ensure the uniform app lication of accounting standards across cultural and political boundaries IASB needs to ensure that there are strong audit practices and fair values applied in order to bring about the integrity of the standards.

Jazz Heritage/The Roots of Jazz

Africa is the home of jazz, which spread to Europe and all throughout America. Today’s jazz music is influenced by the different countries mentioned. There are musical traditions and cultural traditions coming from Africa, Europe and America which contributed to the sound of jazz today. As jazz developed, it was centered in New Orleans (Yurochko 3). To better understand why jazz sounds the way it does today, it is best to examine its roots one by one, country by country. Africa The life in Africa is centered around the tribe. All its members participate in Every activity, function and ritual in the tribe. African tribes were highly interactive and participatory because all of its members always found a way to contribute and cooperate and common gatherings and functions (Yurochko 3). From this, it can be inferred that the musical activities of the tribe were also interactive and participatory. Because of these characteristics, the music they created was full of dynamics. No single member of the African tribe just sat down. No one just listened. All of them were tied to everything that was happening in the tribe. As a result, music was functional as it was properly suited to all the activities and events in the tribe (Bjorn and Gallert 178). What was unique in Africa was how people listened to music. In this country, one cannot find a single concert hall. Everybody gathered themselves in just one area to listen to music. Listening to music was a significant part of the tribe’s lives. In Africa, there were different types of sounds fit for different types of occasions. There was music for marriage, death and births. There was music even for chopping down a tree, or clearing out a path. What music was to Africans was a social glue that united all members of the tribe together (Yurochko 3). Meanwhile, the characteristics of African music can explain why jazz music rooted from Africa. African music makes the body perform. It means that the music alone involves the body by making it dance, sway to the beat, clap, and pound a rod on the ground. Apart from the musicians themselves, all members of the audience were also joining the fun. Africa music makes everyone sing, too (Bjorn and Gallert 178). Africans used different musical instruments like aerophones, idiophones and cordophones. The bass sound of the music was mainly acquired from the drum. African music was full of drums which came in different shapes and sizes. The drum was their main instrument which Africans produced from hollowed out logs and gourds. Across the opening of the drum was a stretched animal skin (Bjorn and Gallert 178). What makes jazz so â€Å"African† is its rhythm, since African music is highly characterized by the emphasis on rhythm. Cross rhythms and polyrhythms were made by African drummers, both of which were major contributors to the driving force of jazz or African music (Bjorn and Gallert 178). The beat of jazz and the beat of African music can be demonstrated by creating a single beat, and dividing it into two. The other half should be given two claps to a single beat. The other hand will be given three claps to a single beat. This is a simple polyrhythm compared to how much jazz has developed through time. The basic principle behind jazz beats is two beats against one (Bjorn and Gallert 179). African sound seems unorganized, and this is what jazz is all about. It is because of the more complex polyrhythm found in African music. Each beat of the drum has an already set rhythm. Then again, once this beat is combined with other drums which also have their own set rhythms, then that is where the complicated sound is produced (Bjorn and Gallert 180). Another characteristic of African sound which can be found in jazz music is the pentatonic scale. A pentatonic scale can best be seen in a piano. The scale is defined by five notes, thus the term â€Å"penta†-tonic, with the chords C, D, E, G and A. This musical scale can also be found in the music of Peru, Mexico, Scotland and Japan (Salzman and the American Studies Association 961). In Africa, singers sing and the members of the audience respond. African musicians can also chant a melody, and the rest of the people in the venue react with the type of response already established in the society. In Africa, this is called â€Å"call and response†, which is also highly used in jazz. In jazz, though, the way people respond is different. This can be seen in many churches with people singing jazz praise songs (Salzman and the American Studies Association 961). The characteristics of jazz can be traced back to the African music’s characteristics, too, in which bending tones, falsetto, buzzes in the voice, raspy tones and vocal manipulation can be found. No vocal sound is ever produced. Letting out their feelings and expressing themselves by belting out what and how they were feeling an emotion contributed to the very distinct characteristics of jazz music. The tones were also not organized. As a listener listens to a jazz music, he will mostly find the singer reciting words spontaneously (Henson 48). Europe Europe influenced jazz music through harmony and instrumentation. The harmonies in jazz music are characterized by diatonic scale. Jazz music is highly diatonic, and diatonic, in this case, is an expanded version of the pentatonic scale coming from Africa. Chord progressions from the European or Western sound influenced today’s jazz music. Europe contributed a big part of the instrumentation of jazz. Instruments from Europe used in jazz music are clarinets, trombones and trumpets. Most of the European instruments used gave jazz music its symphonic nature (Henson 48). The birthplace of jazz music is mainly in New Orleans. The people of the city made use of what they were hearing from Africa and Europe, combined the different techniques and various musical styles to technically call the new genre â€Å"jazz† (Henson 48). New Orleans: New Orleans was undeniably successful in giving birth to jazz because of various components. One of these factors is its location. Since New Orleans is located at the tip of the Mississippi River, it was easy for people to bring in jazz to the area. The river made it easy for New Orleans to export music to different parts of the globe, too, which made the music genre jazz, became popular in a very short period of time upon its conception (Brown 74). The Mississippi River was a very important factor in making jazz a popular genre because it has touched various states in America. Several states which were considered areas for slaves contributed in New Orleans’ highly diverse population. Since the city became a busy seaport, it also developed into becoming the gateway to the islands of the Caribbean (Henson 48). It is also important to study the demographics of the people in New Orleans as this is related to the development of jazz. The city is a very unique one because even before it was a state of America, it has been under the flags of France and Spain. When one would visit New Orleans, one would see how diverse the population is because of the different ethnic groups found in the city. Because of the diverse population, there was also a diverse culture. Cultural diversity helped in improving the quality of jazz music (Brown 74). The races inhabiting the city defined jazz music. The different cultures taking place made jazz what it sounds today. Since French people were among those who were occupying New Orleans, the tradition where they allowed males to have their mistresses was a big influence to the music. Several men chose women who were light skinned, and they went for those who had mixed blood. Most of these women were found in the southern part of New Orleans. Because of this, the group of lower class blacks grew and became known to the city (Henson 48). The black creoles were widely accepted in New Orleans, especially by the white society. However, it didn't stay this way for too long. They received the same privileges and rights from the government. In 1984, a law was passed by the Louisiana Legislature which suggested that people with African blood were labeled as â€Å"Negros†. Because of this, the black creoles were driven away from New Orleans. They had no choice but to join the black culture (Henson 48). The joining of the pure blacks and the black creoles (cross between black and light-skinned) gave birth to the full development of a new music which is now referred to as jazz. Slaves from different parts of the globe who were pushed to the United States possessed nothing but their clothing. Then again, they brought not only clothes in the United States, but music, too. They brought their heritage and culture. They shared their musical practices in the United States, specifically in New Orleans (Brown 74). Because of the struggle of the black culture, New Orleans slowly became identified as the city of refuge for blacks. All freed slaves and escaped slaves fled to New Orleans. They all gathered in Congo Square during Sundays because this was their only chance to be together and celebrate their culture. During these days, they all participated in the African culture where they played drums, sang and danced (Henson 48). New Orleans is then the breeding ground of musical activity. Numerous musical ensembles can be found here, like brass bands, musicales, opera companies and orchestras. Up to this day, there are still musical parties being held in the city. What made jazz sound disorganized and highly syncopated today is the merging of the musical influences of black slave culture and the black creoles. Their different cultures and distinct musical style made jazz sound like it does today. How jazz is being played is merely a result of the amalgamation of different tempos, beats and styles through time. Examples of African musical activities that highly influenced today's jazz music are rhythmic emphasis, African field holler, interactive music and the call and response ritual. All of these found a space into the style of jazz (Brown 74).

Choose a title for my CV Essay Example | Topics and Well Written Essays - 1250 words

Choose a title for my CV - Essay Example It involves a lot of interaction between the human resource management personnel and the workforce, poor relations between these two groups is risky for the company’s output. With the ability Juhaina has to relate to new people, she has the perfect qualifications in this field. Juhaina is a gifted in multiple field and an ambitious person. She has great aspirations personally, and career wise. She started to shine since she was young; she undertook her high school education in Oman where her performance was excellent. Due to the latter, she got a government scholarship, which she admits boosted her morale to study. When asked how growing up in Oman treated her, she states that the challenges she faced growing up shaped the person she is today. Oman is a secluded country whereby most Westerners have no idea of its location. It is adjacent to the Gulf of Oman on the Eastern tip of the Arabian Peninsula. Despite its seclusion, it is among the most receptive part of the Arabian Peninsula. It has beautiful beaches and varying scenery that attract the tourists who know about it. Juhaina confirms this by stating that growing up in Oman is among the most wonderful things in her life. She admits that at times she is nostalgic and misses the sound of the waves and seagulls as she wakes up. Oman as she continues to state is persistent in preserving its culture despite welcoming the Western culture. She quotes a phrase from Worldsapart.org about Oman, which states that, "Oman overflows with riches to tantalize the international traveller complete with rugged mountains, unspoiled beaches, exotic castles, vast deserts, and the friendliest people in the Middle East." Oman has Islam as the central religion; however, Oman has its own form of Islam where they have an Imam as their spiritual leader. They have an ability to incorporate foreigners

Consumerism and the Community College Student Essay

Consumerism and the Community College Student - Essay Example Chris determined this information through the use of a highly-honed ability to observe and mentally evaluate the sum total of the articles and clothing possessed by the people around her. Through this assessment (which includes not only the material price of each item, but it’s acceptability within the â€Å"now† trends) Chris was able to determine whether each classmate was of the â€Å"right† crowd or, if not, to what degree they were lacking. Like many people within a consumer society such as America, Chris was basing her identity, and therefore the identities of those around her, on a purely material basis. Based on the stuff they own in 2005, community college students’ cultural backgrounds cause them to live â€Å"constructed lives.† Students such as Chris use materialistic cues such as the style of dress, individual possessions and the ability to keep up with the ever-changing market trends to help them identify others sharing a similar desire to obtain something called the â€Å"right† life. â€Å"We want our lives to match our vision of the good life, itself largely a product of the media. We want to have the right clothes, the right car, the right house, the right job, the right spouse, the right children, even the right toothpaste† (Gabler). Because certain items have come to symbolize individual levels attained in the search for the â€Å"perfect† life, college students strive to attain the material goods rather than focus on developing an identity independent of worldly possessions.

A critical, cross-cultural Evaluation of a Journal Essay

A critical, cross-cultural Evaluation of a Journal - Essay Example Pitfalls through misunderstandings or misinterpretation of intent can easily lead to the collapse of a potentially successful business partnership or cooperation – the article by Moon and Woolliams looks at how these cultural differences may be interpreted and what approach to take when working with people from different cultural backgrounds. Trompenaars and Hampden-Turner compiled a database with 50,000 cases from 100 different countries to investigate the cultural differences in work ethics around the world and to assist managers in solving conflicts in cross-cultural business scenarios (1993 and 1998). The database was extended in 1999 in order to investigate and help solve problems arising from cross cultural misunderstandings. One of the objectives of the database was to formulate a global theory for international business ethics but the compiled data and scenarios question whether that would be a possible achievement or whether it would even be a desirable outcome, given the vast differences in business ethics in different cultures. For the purpose of their study Trompenaars and Woolliams selected 40,000 cases from 60 different countries and presented a questionnaire with 58 questions to managers with exposure to multi cultural scenarios at their workplace. The researchers took great care to ensure that translation of texts conveyed the same meaning in all languages used in the research and ensured that participants understood that the research was independent and that anonymity was guaranteed to all participants to promote frank and open answers to all scenarios. The reliability of the data results was tested using Cronbach’s Alpha test (a test developed to estimate the consistency reliability of psychometric tests). It became clear that responses varied depending on the cultural background of the participants. Answers varied in particular where they were given in response to

The Corporation as a Legal Entity Coursework Example | Topics and Well Written Essays - 1000 words

The Corporation as a Legal Entity - Coursework Example The formation of an entity requires the input of different stakeholders, including the owners, the investors, and the directors and managers. At law, the corporation is a separate legal entity from all those people involved in its formation, and has it owns rights and liabilities. Therefore, it is evident that the corporation has its own rights and duties, separate from the directors and stakeholders in the company, who are usually separated from the corporation by a corporate veil. This means that a company can, in its own right, perform contracts, own assets, perform lawful actions, and be liable to the authority in its own name. This principle, called the Salomon Principle, was established in 1897 in the case of Salomon V. Salomon, which will be discussed in detail at a later stage in this paper. This principle was later affirmed by the House of Lords, which stated that the company is not an agent of the owners of the said company. This means that, in law, the company is an entire ly separate being from the subscribers to its memorandum, and in law, is not an agent or trustee of the said subscribers. The Establishment of the Doctrine of Incorporation The doctrine of incorporation was firmly established by the House of Lords in Salomon V. ... ted that, even though the company could be the same as it was before incorporation, with the same managers, same people sharing profits, it is still an entirely separate entity. The members are, therefore, not liable in any way for the company, except in instances as prescribed in the Companies Act 2006. In stressing this doctrine, the House legalized the usage of the corporation by individuals seeking to put a veil between themselves and their creditors. The effects of this decision are widespread, for example, in Foss V. Harbottle (1843), it was held that the corporation can sue and be sued in its separateness from the shareholders. The decision in Regal (Hastings) V. Gulliver (1942) also established that the other effect of the Salomon Principle was that the company has perpetual succession, and that the company can enter into contracts in its own name, separate from its shareholders. The fourth implication of the Salomon Principle is that the corporation has the sole right to acq uire, possess and dispose of its own assets, which was decided in Macaura V. Northern Assurance Limited (1925). However, Lord MacNaughten’s ruling concerning the Salomon Principle was not a good decision, since it gives some parties unreasonable shield, which can be detrimental to the individuals dealing with the companies. The case established an important principle in company law, that of the independent existence of a registered company or corporation. The inflexible application of this principle can be detrimental to the persons dealing with the company, since the corporate veil is insecure. Piercing the Corporate Veil As previously stated, there are instances where courts are allowed to remove the corporate veil enjoyed by shareholders and apportion liability directly to the

Archaic age in Greek Society Essay Example | Topics and Well Written Essays - 1250 words

Archaic age in Greek Society - Essay Example The literacy has been spread slowly, which has been lost in dark ages. As a result, the democracy blossomed by the end of archaic age, though there is instability in the society. The most important fact that needs attention regarding the activities of archaic age is regarding the change in the way Greeks constructed their world. The reconstruction includes laws and customs as well as themselves. The above mentioned reconstruction in archaic age has made Greeks unique and different from the people of other parts of Europe. Though there is frustration in the society during this period, it has witnessed gradual changes in all walks of life of Greek society (Carol Dougherty, Leslie Kurke, 2007).1 In the period between Hesiod and Persian, which is known as archaic age, women did develop themselves literally and challenged men in poetry and writing. N.S. Gill (2009) quotes about Sappho who defeated the great Pindar in verse competition five times and these marks the era of advance of women when compared to that of dark ages, when there is no such situation. Artemisia of Halicarnassus was taken as threat by Greeks and they offered a bounty on her head and this gives the instance of prominence, the women got in archaic age, which is in contrast with that of women in dark ages. The contrast is that the women in dark ages do not have that much prominence and used to be treated as things of physical beauty like Helen of Troy. However, Gill claims the evidence regarding women is from Athens and states that in case of middle class and lower classes of society, the women is treated as a liability. The same thing though may be true in case of dark ages, only the evidence regarding wome n as pleasure thing were popular. Though the women are treated as liability, there existed some sort of opportunities and to own property in Sparta and to participate in trade activities. Another important aspect that's a reason to treat a woman as liability in family is the burden of paying dowry and this context is not well observed previously. As it is a convention in archaic age for women to marry a man of older age than her, the lower status when compared to men is clear. However, Priestesses and Prostitutes used to wield power in some contexts (N.S.Gill, (2009).2 Comparison of Situation in Dark Age to Archaic Age Hence, it is clear that the political situation in the society is reason for any development. In contrast to above mentioned activities of women in archaic age, the Dark Age witnessed local conflicts, economic disruptions and movements of peoples between 1200 BC to 1000 BC. As a result Mycenaean civilisation in Greece has been destroyed and thus cities were weakened as well as the kingdoms based on them. The situation is not that much worse in archaic age as it witnessed the rise of women and it is possible with reasonable tranquillity and peace for an extended period of time. Another important contrast between Dark Age and archaic age is that, not many records are available regarding the situation of dark ages, but in case of archaic age,

Organizational Theory and Behavior Term Paper Example | Topics and Well Written Essays - 750 words

Organizational Theory and Behavior - Term Paper Example Therefore, this paper is going to define the terms organizational theory and organizational behavior is, secondly, mention about the vital aspects of organizational behavior, thirdly, talk about the various theories of organizational behavior, and lastly conclusion. Organizational theory is a theory whose main aim is to enable individuals understand the reason as to why organizations are structured the way they are and how people behave in organizations (Cunliffe, 2008) On the other hand, organizational behavior is a word that is rarely hard in today’s life but seen and heard mostly in the places of work. The reason as to why the many people are not conversant with the term â€Å"organizational behavior† is that they do not know what it comprises. Therefore, organizational behavior can be defined as the culture and behavior of individuals in an organization that results to effective functioning of such an organization. In other words, it comprises of the rules, regulations and procedures that govern an organization (Staw, 2006) There are various vital aspects of organizational behavior and theory; they include organizational culture, ethics, communication, teamwork and diversity. Diversity means that people work in an organization peacefully by not looking at their age, tribe, gender, sex or ethnic backgrounds. Communication is the sending and receiving information, in an organization there are proper channels of communications that are followed for smooth running of organizations. Also among the staff, communication is an important aspect; it is done through memos, phone calls, emails among others. Teamwork is also important in an organization whereby the staff members have to work together as one team for effective and smooth running of organizations. There are several different behavioral theories that show how

Meeting Held by the Historic Preservation Hearing Officer Assignment

Meeting Held by the Historic Preservation Hearing Officer - Assignment Example The meeting started after the deputy of the preservation hearing officer lead in prayers, followed by the formal opening of the meeting. Before the start of the meeting, the flag was presented, which effectively paved way for the progress of the meeting. A number of formalities set the flow and the outlook of the meeting in general, which was considerably different from previous meetings. The tone of the meeting also implied that the meeting would be different from the previous meetings I had attended. The events to be featured in the meeting were set effectively and in a speedy manner, particularly due to the enabling facilitation of the applicant’s representative Kevin Fulkerson and Kevin Weight. The representative hearing officer, Mr. Joe Viola, was also among the attendees that enhanced the flow of events and the coordination of the different discussions held during the meeting. The representative officer guided the different audience, throughout the debates on the different agendas set for the meeting. At the beginning of the meeting, the agenda items were introduced by the representative hearing officer, Mr. Joe Viola. Next, the Applicants’ representative staff, Mr. Kevin Fulkerson, led the agenda through the over sight committee, which entailed the approval of the items in the agenda, from the representative hearing officer. The formal procession of the agenda served as the overall guiding model for the meeting as discussion and the proceeding of the meeting often shifted from the stated order, in a relative manner. Different from other meetings, where a strict order is observed, the items of discussion for the meeting appeared to be taken through processing first, with reference to the rate of approving them. Instead of a strict order, the items seemed to be processed first in terms of how easily they might be approved.     

Don't ask, don't tell, policy Essay Example | Topics and Well Written Essays - 500 words

Don't ask, don't tell, policy - Essay Example One of the greatest arguments against this policy is in regard to what an individual’s sexual orientation has to do with serving in the United States military. Being gay, lesbian, or bisexual is not a physical anomaly or something mental or psychological that would prevent that person from performing their military duties to the best of their ability. It is a way of life, but not something that effects how a person lives or serves their country. As such, a person’s sexual orientation should not be considered when a person is trying to join the military to fight for the freedom of their people, a concept which is seen as almost hypocritical: people of the gay community are not free to be themselves when wanting to join the military, yet the purpose of the military is to continue to fight for the freedom of people that are still oppressed, which can be seen as the gay community in the eyes of the United States military. The Don’t Ask, Don’t Tell Policy is among one of the most discriminatory policies in existence in the United States. In a country that prides itself on openness, acceptance, and diversity, the military fails at displaying many of these concepts (Belkin & Bateman, 2003). Bluntly stated, the United States military sexually discriminates every time that an openly gay, lesbian or bisexual individual makes it know that they want to join the military, though this accusation is often denied and a nonsense excuse is made up as to why people open about their orientation should not be in the military. The most favorable of these excuses is the living arrangements, with the military being concerned about the comfort of its members should an openly gay person join their ranks and their close living quarters. It should be none of the military’s concern what the sexual beliefs of their members are, just as long as they are physically, mentally and emotionally

Lizard People Essay Example for Free

Lizard People Essay Independence Day in Los Angeles. Its approximate location was at what is now the Hollywood Freeway near the intersection of North Hill Street and West Cesar Chavez Avenue, downtown. The hill was located one block north of Temple Street and a short distance south of present day Cesar Chavez Avenue, between the Los Angeles Civic Center and Chinatown. A small portion of the hill was not bulldozed and remains on the west side of Hill Street on the north side of the freeway. Part of Fort Moore Hill became home to a cemetery, with the first documented burial tracing back to December 19, 1853. Alternately known as Los Angeles City Cemetery, Protestant Cemetery, Fort Moore Hill Cemetery, Fort Hill Cemetery, or simply the cemetery on the hill, it was the citys first non-Catholic cemetery. In 1891, the site became home to the second location of Los Angeles High School (LAHS), located on North Hill Street between Sand Street (later California Street, now part of 101 Freeway) and Bellevue Avenue (later Sunset Boulevard, now Cesar Chavez Avenue). LAHS was at this location on Fort Moore Hill until 1917, when the high school was moved again. Most of Fort Moore Hill was removed in 1949 for the construction of the Hollywood Freeway, which was opened in December 1950, and in 1957 a memorial for the old fort and its American pioneers was placed on a site north of the freeway. The fort is now memorialized by the Fort Moore Pioneer Memorial. According to a G. Warren Shufelt, a geophysicist mining engineer deep beneath the heart of Los Angeles financial district (Fort Moore Hill) hundreds of feet below corporate offices, and government offices lies another city. Beneath Los Angeles Downtown area stands a lost city of catacombs filled with treasure and records. A Hopi chief named Little Green told Warren Shufult that the vanished races capital was located in modern day Downtown Los Angeles. This city derived from an Indian legend that an underground world was built by a strange race that vanished 5000 years ago. This race is commonly referred to as the Lizard People or Lizard men. Warren Shufult first heard of the Lizard people in the city of a Hopi Indian legend. Legend is that they were a race who had been nearly wiped out by a meteor shower around 3000 BC. The lizard people then constructed 13 subterranean settlements along the Pacific Coast. This was done to shelter themselves against future detriments. Each subterranean settlement is what we call in modern times a city, in which was divided to house a thousand families each. They also stockpiled essentials of life to maintain. So greatly advanced scientifically the Lizard people developed a chemical solution that melted solid bedrock to bore out the tunnels and rooms of their subsurface shelters. This was done without removing any earth and rock. They also developed a cement tar stronger than any in use in modern times which they lined their tunnels and rooms. These tunnels were also constructed to hold a profusion of gold tablets that chronicled the history of their existence, the origin of mankind, and the story of the world back to creation. The Lizard people according to Little Chief Greenleaf of the medicine lodge of the Hopi Indians in Arizona, were of a much higher type of intellectually than modern human beings. The intellectual accomplishments of their 9 year old children were equal of those of present day college graduates. According to the reporter Jean Bosquet of the Los Angeles Times in 1934, Warren Shufelt began o drive a shaft 250 feet into the ground on North Hill Street, overlooking Sunset Boulevard, Spring Street and North Broadway. Warren Shufelt engineered a radio x- ray for detecting the presence of minerals and tunnels below the surface of the ground. This was an apparatus with which he says that he has traced a pattern of catacombs and vaults forming a lost city. The radio device consisted of a cylindrical glass case with a plummet attached to a copper wire.

Strategies of Negotiations

Strategies of Negotiations Abstract Since early childhood we have learned to negotiate although we probably didnt really realize it. While the tactics we used when we were young were more on an emotional basis we still knew what we wanted and how to get it. We continue to negotiate throughout our daily lives. Negotiation takes proper planning in order for it to be successful. Negotiations often fail for numerous reasons however mainly because we either fail to plan or fail to listen. Therefore it only makes sense that successful negotiations are often driven by the planning and listening. Negotiations are affected by the way individuals communicate, their influencing styles and the way they prepare. While most negotiators go into a negotiation looking for a win-win agreement there are times when companies choose to use hardball tactics no matter what cost. Its important to identify these tactics and know how you will deal with them when confronted. Negotiations In our daily life we negotiate whether its debating what time your child needs to get up for school, with your boss over a project or what to have for dinner. How we handle each one of those negotiations varies based on who were negotiating with. At home we usually dont go through the steps of planning for the negotiation as we must at work. Not because we shouldnt but because of the type of negotiating were doing. In this paper well discuss what negotiation is. Then well discuss how to prepare for negotiations by gathering as much information as possible. Even when you prepare there are reasons negotiations fail and those will be addressed along with how they succeed. Well also discuss things that affect negotiations like communication, influencing styles and preparation. Finally well discuss how not every negotiator goes to the table looking for a win-win bargain. Negotiation is a process when two or more parties who have their own objectives, goal or viewpoint seek to find a common ground and reach an agreement to resolve a matter of common concern or resolve a disagreement. Although individuals may not always realize it negotiations take place several times throughout the day in our every day lives. Anyone who needs to persuade another is the negotiator. From a very young age we have learned to negotiate in order to get our way. Most parties choose to negotiate because they feel they can get a better deal versus settling for what the other has/wants to give. Companies are no different. Companies want the most â€Å"bang for their buck† so to speak. Many companies are better at negotiating than others. That may be due to the individuals they have negotiating on their behalf or it may be because of what theyre negotiating for. Since companies dont divulge their specific strategies, tactics and techniques they use in negotiations one mus t have a plan. This plan must be created outside the negotiation room. According to the Essentials in Negotiations, â€Å"Effective strategy and planning are the most critical precursors for achieving negotiation objectives. (Lewicki, Barry, Saunders. 2007. P. 85) Many times parties go into a negotiation unprepared and end up making concessions that compromising diminishes the profitability of the agreement. â€Å"Research shows that you can achieve the best negotiation outcomes by spending 5x longer preparing for a negotiation than you will actually spend in a negotiation.† (Schroth. 2009) An important part of planning is having a clear and concise proposal before entering into the negotiation. There are many areas you need to consider a few of them are knowing your objectives and the other sides objectives, determining what concessions you can make, how will you achieve your objectives, what will influence the result of the negotiation. It is frequently stated that information is power. Therefore its important to have certain information during a negotiation. You need to know what information you know that the other side does too, what information you know that the other party doesnt have, what information do you have and does the other party have to have prior to negotiating with each other. This is very important when you negotiate with parties who focus on price. Theres other information that is important for instance whats important to the individual youre negotiating with, why do they need to close the deal, how is business for the company during negotiations and how critical is it that they do business with you. The planning phase of negotiation entails all parties finding out as much information as possible prior to discussing any particular deal or alternatives. For example, if you knew that your company was the only one that could meet the requirements, its possible that you could negotiate a more favorable price. If you knew that the other party recently increased their production capability, you might be able to negotiate more favorable terms in return for promising to purchase a definite quantity over a specific time period. By taking the time during the planning stage and listing what information you know and what youll need to know, you will have a better opportunity to negotiate well on your companys behalf. During the bargaining process it is unlikely for the parties to reach an immediate agreement since they usually dont have the same objectives. Usually, agreements must be made where each party must give and receive concessions and it is this is where the payoff of the end result will be determined. When getting ready for negotiations, its recommended you create a reasonable assessment of your perception of the end result. Decide what limitations you have based on your power in the negotiation then figure out what you are ready and capable of conceding to so that you reach an agreement that is , which pleases all involved. Concessions contain two parts; cost and value. Although the words can be used interchangeably they do not mean the same thing. There are times when something is of low cost but great value and vice versa. Therefore its important to know when going into negotiations what is of cost and what is of value to you and your company. During negotiations its possible to concede issues that have minimal dollar cost to you because they may be of great value to the other party. These are the types of concessions you want to proceed with. However, you want to avoid conceding to issues that are of great cost to you regardless of what their value is to the other parties. When planning for negotiations you need to ensure you know what could you reasonably achieve, what is the probable outcome, what is your authority is, what concessions can you concede to and what is their value to both sides. Once that is completed you can then work on planning your strategy. Another part in the planning process is creating a strategy. Youve already established what your objectives are and now you need a plan on how to attain them. During the strategy planning you need to ensure you look at the negotiation from both sides. You cant go into a negotiation with blinders on only looking at it from your viewpoint. If so, you will most likely fail. You need to look forward and think about the other parties strategy. While planning you must be cognizant of the different negotiation tactics and figure out which ones you are comfortable using and realize which ones are being utilized by the other party. We learn to negotiate at a young age in order to get what we want. The tactics used for children are emotional outbursts, stomping our feet, or drawing attention to ourselves in public in order to manipulate our parents. Its amazing that at such a young age we know what we want and what to do in order to obtain it. This approach is considered the positional negotiation and is one-sided. This type of negotiation is holding a strong position and not wanting to know what the basic needs are of the other party therefore we are determined to get the work the best deal at any expense. However, the emotional outburst approach needs to be left to the children and those characters on television. You can not have a relationship and a win-win situation with that approach therefore your negotiation has failed. Negotiations fail for many reasons. Depending on what is being negotiated, who is doing the negotiation and what is at stake. One of the main reasons negotiations fail is due to lack of planning. There is a saying â€Å"failing to plan is planning to fail†. That is exceptionally true when it comes to negotiations. Planning will ensure youre conscious of your objectives and requirements. Although you will need to be a quick thinker and be flexible, in case the other party makes a decision you didnt plan on, you cant just be spontaneous. You have to realize that both parties are interested in mutual problem solving. Remember that youre entering into a relationship therefore you need to be aware of the long-term implications of any decision you make. Negotiations also fail because one person does all the talking and they fail to listen. Its best to listen first and then speak after hearing what others have to say. In John Maxwells book, The 21 Irrefutable Laws of Leadership, he discusses how positional leaders speak first and need the influence of the real leaders to get things done. The real leaders speak later and influence the entire audience. (Maxwell, 2007) This is very important during negotiations if you want to influence the other party. Its important to clarify the agenda prior to solving serious problems. You want to ensure everyone is on the same page and there is no confusion. You do not want to catch the other party off guard and bring up issues theyre not ready to deal with. This will put them on the defense as if youre trying to trick them. You also must elucidate your authority. If you dont have the authority to make certain decisions the other party needs to know that upfront. You will be wasting everyones time if you have to get back with them after conferring with someone who does have the authority. During negotiations its important not to put down others and use threats that cant be carried out. This again will cause the other party to be defensive and create an unfriendly atmosphere. Deliberations will be limited and youre less likely to get what you want. One example of this as stated by Osama El-kadi is when the owner of Harrods, Mr. Al-Fayed, wanted the price to be reduced for Estee Lauder merchandise carried in his store. Mr Al-Fayed that demanded the Chief Executive Officer of Estee Lauder lower the price or he threatened that he would no longer carry the products in his stores. The CEO called his bluff by stating he would have all the goods picked up the following Monday from all his stores. Mr Al-Fayed realized that he made a common negotiator blunder and asked for forgiveness. He also apologetically asked that the CEO not pick up all the goods. Due to the amount of business that Estee Lauder did in Mr Al-Fayeds stores they had the advantage when they went into the negotiation. Mr Al-Fayed used a threat he wasnt ready to carry out and it would have been detrimental to his business and Estee Lauders CEO knew this therefore he called the bluff. That is why you must be willing to go through with a threat if you make it. That is whe re analyzing your position and planning comes into play. Negotiations must be written down. That way both parties know what theyre agreeing to and neither party can argue that something wasnt part of the deal. This also avoids any confusion or misconstruction. Dont hold back information. That doesnt mean talk too much and give up everything however you must let them know what is on your mind. Sharing information helps to create a relationship between both parties. Dont compromise too quickly. Although you want to make a deal you dont want to be to hasty. Now that we discussed why negotiations fail well discuss how they succeed. Negotiations succeed because of proper planning. By spelling out your objectives, requests and what youll settle for youll be more prepared when going into a negotiation. Dont forget to know the same for the other party. Negotiations arent short term. You must be prepared to gain ones trust and create a long term relationship. If you wouldnt want to be treated specific ways make sure youre not behaving in that manner. You need to be, share information and concerns as well as listening to the other parties. Clarify any issues or questions you may have. By knowing the agenda you can prepare prior to the negotiation. Successful negotiations are made by understanding the other party. Look at the other parties viewpoint and you will be able to come up with a solution that is acceptable to all. As stated earlier listening to what the other party is saying so you can understand where theyre coming from. It is natural for one to want to talk but during negotiations its best to listen to the other party. In todays society we come across people with many different backgrounds. As much as wed like to think that everyone is the same were not. You need to be aware of the diversity that is encountered whether it is culture or language. People from different societies may have a different perspective and belief on how a negotiation should go. In some cultures its important to gain a relationship and not discuss the negotiation right away. In America were quick to get right down to business and forget the getting to know one another piece. By knowing the culture and or language you can have a successful negotiation by breaking the barrier and preventing any misinterpretation of what is said. Although the negotiation isnt a legal document make sure you write it down. Be brief, and concise about what was agreed upon. This will ensure you remember what the agreement was between the parties. In order for the negotiation to be a success you need to know what the what the position is of the other party and why they have that position. This will allow you to for create a win-win solution for all involved. Osama El-kadi states that â€Å"Successful negotiation is all about shaping the game before hand. This is what differentiates the men from the boys when it comes to major negotiation. This approach is called tactical-positioning leading to winning (El-kadi.).† Mr El-kadi explains this with an example of how to create a winning position prior to the negotiation. He gives a story of Mr Al-Fayed and his decision to purchase Harrods. Mr Al-Fayed didnt decide one day to walk in and purchase Harrods. He had designed a plan which took three years before he moved on it. He worked for someone on the board. He befriended board members, created credentials, gained trust, and when the time was right he advanced on his plan. By this time he was friends with the deputy chairman of the House of Fraser Group. He went to him one day and asked how much the company was worth. When the deputy stated they had an offer Mr Al-Fayed made a counter offer for almost twice the original offer. By Mr Al-F ayed was fully prepared by establishing a winning position prior to the negotiation. There are many things that affect negotiations. Negotiations are affected by the differences in people or the difference portrayed by people. First is communication. Communication is Any act by which one person gives to or receives from another person information about that persons needs, desires, perceptions, knowledge, or affective states. Communication may be intentional or unintentional, may involve conventional or unconventional signals, may take linguistic or nonlinguistic forms, and may occur through spoken or other modes. (National Joint, 1992, p. 2) During negotiations the most visible and sometimes the most important type of communication is the non-verbal communication. Non-verbal communications are those visual signals which include facial expressions, body language or even the intonation of your voice. In the Essentials of Negotiation book it discusses three important non-verbal behaviors. They include making eye contact, body posture and encouraging. Eye contact can say a lot about someone. Many times people who are shy or dishonest do not look people straight in the eye when they speak. They look up, down or around so people cant see in to them. Looking someone in the eye is important so they know you are listening to them. However, you need to know the party you are negotiating with because â€Å"in some cultures such as the Japanese, prolonged eye contact is considered rude and is generally avoided (Payne, para. 2).† Body posture is another way to let people know youre paying attention. If youre slouched in the chair and look lackadaisical business negotiations arent going to go well because it will appear to the other party as you dont care. Lastly encouraging is non-verbal communication used by nodding your head or moving you hand to let the other party know you hear what theyre saying. Although you may not verbally be saying anything during the negotiation your body is saying a lot. Those non-verbal communications could make or break your negotiation. Besides non-verbal communication the language can affect your negotiation. Many people go into negotiations trying to use big words to either impress or possibly confuse the other party. Its important that everyone in the negotiation can understand what is being said. Trying to sound as if youre educationally above the other party is going to affect they way they think of you and the outcome of the negotiation. Also with diverse society we have and the number of different cultures its important everyone understands what is being conveyed. What you believe you may be saying may mean something totally different to someone of another culture. Even if they can speak English the translation is different. According to Great Scope Consulting, â€Å"studies show that successful influencers use two clusters of language styles during negotiations.† Just like in the supply chain management they are the push and pull style. You have a high push and low pull style if you give new ideas, information or shut the other person out. On the other hand you have a high pull and a low push if you seek information, build on ideas from others and test understanding. The style of influencing used will be dependent on the negotiation and it is important to be able to use either style. The suitability and characteristic of each style varies. The push style is more of a high risk, low commitment and wins-lose situation and is best used for short term negotiations. The pull style is more of a low risk, win-win situation and best utilized for long term. Another area that can affect negotiations is preparation. This has been reiterated a number of times throughout this paper because it is so important. Negotiations begin way before you sit at the table. It is a procedure that develops over time. It isnt a one time occasion. Gathering information and having adequate time to negotiate. You cant expect to go into a room and have a final agreement in 30 minutes. Negotiations take time. The whole purpose of a negotiation is to reach a win-win situation. Therefore you need to be aware of the win-lose styles and avoid them. Sometimes companies may not appear to be looking for a win-win situation and will use hardball tactics during their negotiations. As a negotiator you have to be able to identify the hardball tactics and decide how you want to handle them. An example of a company who often uses hardball tactics is Costco. Although most of the negotiations with suppliers are kept private lately Costco has been announcing their view on the situation. Recently Costco pulled the Coca-Cola products off the shelf to prove a point. The companies are negotiating over the price customers should pay for the products. â€Å"Costco never accepts a price increase from a supplier without examining every alternative possible to hold the line on price. At Costco, nothing is ever marked up 14% above costs. (Sarasohn-Kahn. 2009, para 7) Costco feels that if they cant give the value their customers deserve than they wont sell that product. Even though Coca-Cola is a large company and a valued supplier Costco is willing to take the risk and publicly announce the issues it is having at the negotiation table. This is one hardball tactic used. Coca-Cola now has to decide whether to ignore the tactic, continue with discussions or reply with a different hardball tactic. The negotiation between Costco and Coca-Cola hasnt been finalized so whether this hardball tactic works in this situation has not yet been determined. When playing this way it is important to understand the possible impact if this approach fails. Although negotiations can be successful this way if you really want to be successful during your negotiation process you must find out what the other party wants and figure a way to give it to them while getting what you want too. From our childhood years we negotiated with our parents to manipulate them into giving us what we wanted. Whether that was candy in a store, letting us stay up late, or buying that toy we really didnt need. At a young age we didnt really know what negotiation was all we knew was what we wanted and how to get it. As we figured out what negotiation was it was then that we had to start preparing for it. We couldnt react on an emotional level and expect to get what we wanted. Even though we should plan for negotiations they sometimes still fail as they did with Mr Al-Fayed who didnt realize he was weaker during his negation process. In his case he actually failed to plan and know what is position was prior to entering into the negotiation. However if you do the proper preparation you will most likely succeed in your negotiation. Negotiators need to be knowledgeable about what affects negotiations like verbal and non-verbal communication and push/pull influencing styles. It may not always be what you say that determines whether you create a win-win situation. Lastly, we discussed how some companies choose to use hardball tactics regardless of the potential impact therefore you need to be able to identify them and know how to handle them before you go into the negotiation.

Contract of Hire Purchase Answer

Contract of Hire Purchase Answer FOUNDLING FINANCE LIMITED Claimant and MISS DIANE DALY and MR DEREK DOBSON Defendant OPINION I am asked to advise Miss Diane Daly and Derek Dobson (â€Å"the defendants†) with regard to their contract of hire-purchase with Foundling Finance Limited for the purchase of a ‘Nuffield’ knitting machine from Saffron Supplies Limited. This contract is the basis of an action in the Dover County Court against Miss Daly and Mr Dobson for repayment of arrears, and interest thereon, for the period from 3rd January to 3rd April. I am asked to advise whether Miss Daly and Mr Dobson are still bound by the terms of the hire-purchase contract, and if not, what type of compensation they may recover by way of damages. Conclusions In summary, I would advise that the defendants were entitled to disregard the hire-purchase contract after they found out the representations of Mr Stone about the fitness of the ‘Nuffield’ for the intended type of work were false. That this right probably subsisted and was exercisable on the 16th January 2006 but can only be determined with further information. The compensation available largely depends on the success of the rejection action. If the defendants are successful then they will be able to recover their money that they have paid and hand back the knitting machine as if they had never been in the contract. If they are unsuccessful they will be left with the residuary claim in damages for the purchase price of the ‘Newmark’ knitting machine and breach of contract but will be liable to keep paying the hire-purchase contract. I have also advised that some more investigation may be required to ascertain whether any further losses have been incurred. Finally, I have been cognisant of Miss Daly’s concerns surrounding the high APR of the hire-purchase agreement and have therefore attached a consideration of whether the bargain may be considered extortionate. Contract On the 3rd October 2005 the defendants went to Saffron Supplies in Sandwich. They entered into a hire-purchase contract for the supply of a ‘Nuffield’ knitting machine for their fashion design business. According to Miss Daly, their business specialises in the knitting of thick wool garments. They took samples of their wool and made it clear to Mr Stone that the sewing machine had to be capable of knitting those types of fibres. Mr Stone replied that the machine was ‘man enough’ to handle such fibres and on the back of which the defendants entered the hire-purchase contract with Foundling Finance Limited. A matter of importance in the formation of this contract is whether or not you entered as a consumer. If you’re not then clause 12 of the hire-purchase contract may exclude any implied term of fitness for purpose. It appears as though the key matters are whether the contract is one which is regularly entered into by the buyer or bought for a distinctive business purpose (R B Customs Brokers Co Ltd v. United Dominions Trust [1988] 1 ALL ER 847). This will depend on the nature of the business and whether this particular sewing machine was integral to the defendants business. These are again facts which the Instructing Solicitors will need to ascertain in particular look at whether there have been any other sewing machines purchased? How was the ‘Nuffield’ used in the business? Was it used for any personal purposes? Breach of Contract The first issue is whether or not the hire-purchase contract was breached when it became evident that the ‘Nuffield’ knitting machine was unfit for knitting the type of fibres that the defendants use in their business. The difficulty will be whether or not we can establish the conversation between the defendants and Mr Stone as to its fitness for the knitting of the thick wool because it was purely oral. The evidence of both the defendants will be critical – Could instructing solicitors please ascertain more details of the conversation. Was Mr Dobson party to the conversation with Mr Stone? If so, what did he hear? How much was the issue of fibres stressed as important to Mr Stone? The obvious difficulty will be that the evidence of Mr Dobson could turn out to be hearsay unless he was party to the conversation. The strength of this argument will become clearer when we have an indication of Foundling Finance’s or Mr Stone’s stance on the issue; currently I only have Miss Daly’s statement as to the matter. It would seem pragmatic to assume that Mr Stone will be a difficult witness for two reasons; he presumably deals with many customers which may make his recall of a conversation that he had seven months ago rather vague and a fear of losing his job could cause him to be a completely useless witness for us. It isn’t clear from my instructions whether Foundling Finance have acknowledged this claim by the defendants but it seems safe to assume that they will deny it given that an admission would bar their current action in the County Court. However if we can establish the oral assurances by Mr Stone then breach of contract will be more likely. The Implied term of fitness for purpose under Consumer Credit Act 1974 will have been breached as long as the facts bear out consumer status, as I advised above. If we cannot establish consumer status we may have to rely on more general common law considerations .In particular Harlingdon Leinster Ltd v. Christopher Hull Fine Art Ltd [1991] 1 QB 564 which argues that even where the Unfair Contract Terms Act 1977 doesn’t apply the totality of the negotiations will be looked at and the exclusion of an implied term of fitness for purpose, as Foundling Finance Limited have done, maybe disregarded. The strength of this argument will largely depend on the oral evidence which is lead at trial and will depend on the information which I have requested above. Repudiation of Contract The success of maintaining the breach of contract will also rely on whether we can establish the defendants effectively rejected the contract by their letter of the 16th January. This is fundamentally an issue of fact which will need to be ascertained by the Instructing Solicitors. Short of an outright denial, as suggested above, Foundling Finance will likely attempt to argue that either the defendants accepted the breach through acting inconsistently with the ownership of the seller or through lapse of a reasonable time. In order to give my opinion on the strength of this argument could the Instructing Solicitors ascertain facts regarding the dates of the various repairs and more details about the communications between Saffron Supplies and the defendants regarding the repairs. What date was the third repair? Were the repair men’s concerns communicated to the defendants orally or in writing? Were both defendants present at all of the repairs? Was the Knitting machine used at any point between the third repair and the purchase of the ‘Newgate’ knitting machine? The ‘lapse of a reasonable time’ is the test for acceptance of a breach under the Consumer Credit Act 1974 therefore these factors will be critical. If there was a significant period of time between the third repair and the 16th January then I would advise that the Defendants attempt to argue rescission by misrepresentation under the Misrepresentation Act 1967 which is not subject to the same time-constraints as the rejection argument under the Consumer Credit Act 1974. However, I have some doubt as to the strength of this argument not least because it appears never to have been attempted in any reported cases. A critical issue for the success of refuting any defences by Foundling Finance will be the ability to prove that the letter was actually sent. Therefore could the Instructing Solicitors please find out whether Miss Daly has any proof of postage or proof that Foundling received the letter? The copy letter that I received looks as though it was word processed and it may be possible to establish postage through the creation date of the file. According to Miss Daly, she also telephoned the finance company to express her concerns; it would be extremely useful if the Instructing solicitors could ascertain more details about these telephone calls. Does Foundling Finance record phone-calls? When were they made? What exactly was stated in those telephone calls? In my opinion, in order to clarify the issues in dispute between the parties, we should contact Foundling Finance’s representatives to see whether they dispute either the letters or the telephone calls. It maybe that we could then avoid applying for disclosure of evidence Compensation There is a distinction to make between the situation where we can establish that the defendants effectively rejected the contract and where they failed to do so therefore I have treated the separately under this heading. Many of the grounds of damages will be interlinked between the various substantive claims in law. However, if we cannot realistically establish a breach of contract at all then as I am sure Instructing Solicitors will appreciate we have no defence or counterclaim to the current action. If the latter occurs my opinion is that you enter a defence and counter-claim in any case and attempt to settle and avoid some of the interest. (i) If rejection is effective The difference between the two grounds turns on whether or not the sums paid, by my calculation  £3194.57 (that being the November, December and January payments and the two-thousand pound deposit paid on 3rd October 2005), will be recoverable and whether the hire-purchase contract is at an end. I appreciate what a big difference this will make to the defendants. If the rejection is effective then the aim of the court is to put the two parties back in the same position so the money paid will be recoverable and there will be no obligation to continue paying the hire-purchase agreement. However, if rejection is not effective there is in most cases still an action for damages for breach of contract but there is no possibility of ending the contract other than the statutory termination powers in the Consumer Credit Act 1974. (ii) If rejection is not effective As the Instructing Solicitors will appreciate in these circumstances we are limited purely to claiming for purely breach of contract financial losses rather than any emotional losses. However, it is clear that there have been certain losses that will have been caused by the breach in contract. The defendants will remain liable to pay the instalments, including the arrears, if they fail to establish their rejection this is because all the express conditions of the contract will still be enforceable and as a result the defendants will be in breach of contract until they remedy the arrears, along with interest which has been contractually included. (a) Purchase of the ‘Newgate’ It is unclear whether the defendants can claim for the purchase of the ‘Newgate’. It certainly can be characterised as a cost of mitigating the loss which they had initially suffered by Foundling’s breach of contract (as per Bacon v. Cooper (Metals) Limited [1982] 1 ALL ER 397). However, the question of whether it is reasonable will depend on a number of factors which would perhaps require the opinion of an expert. It would be necessary to quantify whether the price paid was reasonable for the product? Whether there were cheaper alternatives available on the market? It seems likely that it would be possible to claim for the whole purchase price of the ‘Newgate’ despite the fact that it may be a better product and leave the defendants in a better position. It seems analogous to Bacon where the court held that replacement of a new item for an old item which became broken didn’t entitle the defendants to reduce the damages to the value of the old item. (b) Loss of Earnings / Damage to Wool. Aside from the purchase of the ‘Newgate’ Miss Daly is of the opinion that her business has not suffered through the breach of contract. However, with all respect to Miss Daly, she is not to my knowledge legally qualified and it would be a breach of professional ethics if we just accept her judgement on this issue. It would be useful if the Instructing Solicitors can check this. In particular: Did the machine not stop being workable for at least three separate twenty-four hour periods? Was there any wool damaged by the machine? What about wasted time waiting for repairmen? It is likely that we can claim these as damages and I am of the opinion that there will be something other than the replacement sewing machine which the defendants can claim for. (c) Extortionate Bargain According to Miss Daly, she feels horrified at the level of the interest that she had to pay for the knitting machine which naturally leads to concerns over whether this hire-purchase agreement could be considered extortionate under the Consumer Credit Act 1974. This could form part of the counter-claim if it can be established. The salient point of the credit agreement is the extremely high APR of 46.2%. In line with A.Ketley Limited v. Scott [1981] ICR 241 the correct approach is to look at whether the rate of interest is extortionate in comparison to other sorts of transactions. I am of course not an expert and thus not qualified but given that the amount repayed will be 161% of the value of the item and that the APR seems to be extremely high at a period of time when interest rates are relatively lower than they have been in the last couple of decades it certainly seems arguable. I think it would be necessary for the Instructing Solicitors to obtain some sort of expert evidence on this point or perhaps some diligent research. In particular – what level of risk is assumed by Foundlings Finance? What sort of experience and means did the defendants have at the time of the agreement? The purpose of arguing this would not so much be as compensation but if Miss Daly was unable to establish a rejection of the contract it could be extremely useful in making the remainder of the payments more equitable. In particular I could ask the court to alter the terms of the credit agreement under s.139 of the Consumer Credit Act 1974. I am not overly confident about the success of this argument because generally the court have been reluctant to find bargains extortionate because of the ordinary principles of fair dealing and even where high APR’s have existed such as in Grangewood Securities v Ellis (unreported 23 November 2000) an APR of 35.4% on its own was not held to be extortionate. My largest reservation is that both Miss Daly and Mr Dobson will be construed by the court as business people who ought to have been more aware (this was a factor in A.Ketley). Next Steps I would advise that we enter a defence and counter-claim to the current action that Foundlings Finance has risen. However, before it calls I would suggest that a letter setting out the key elements of our case be sent to the other side because until now they haven’t appeared to have responded to our claims. I would hope that the Instructing Solicitors would be able to settle this case in the meantime. In that event I would be happy to advise on the terms of such a settlement or a Part 36 offer. In particular, it would put the defendants in a strong bargaining position if they can establish whether or not any other damages were sustained by the defendants such as loss of earnings or destruction of property. If you do wish me to advise then please could such instructions include further items of evidence that I have requested throughout this opinion. IN THE DOVER COUNTY COURT Case No. DV6/49215 BETWEEN FOUNDLING FINANCE LIMITED Claimant / Part 20 Defendant and MISS DIANE DALY MR DEREK DOBSON Defendants / Part 20 Claimants DEFENCE AND COUNTERCLAIM Paragraphs 1, 2 and 3 of the Particulars of Claim are admitted. Save that the Defendants admits that they have not paid instalments on all the relevant dates, it is denied that they are due to be paid as alleged in Paragraph 4 or at all. On 16th January 2006 the Defendant’s rejected the contract for breach of the implied condition of fitness for purpose under the Consumer Credit Act 1974 . A copy of the Defendant’s letter to the Claimants confirming the above is attached to the defence and counterclaim. Paragraph 5 is admitted. The defendants are and were at all relevant times a partnership carrying on business as fashion designers. The Claimants are and were at all relevant times a limited company carrying on business as a provider of consumer credit. The ‘Nuffield’ knitting machine was supplied to the defendants by Saffron Supplies Limited, 6 Shadwell Street, Sandwich (â€Å"the suppliers†) in terms of the Consumer Credit Act 1974. Whereas it is admitted that a hire-purchase contract was entered into as set out in Paragraph 5 of the Particulars of Claim, prior to the signing of said contract, on 3rd October 2005, it was orally agreed by Mr Scott Stone of the suppliers that the said ‘Nuffield’ knitting machine would be capable of knitting specific thick wool as used in the Defendants fashion design business. A sample of said wool was exhibited to Mr Stone by the first defendant for the confirmation of the same. It is averred that in consequence of this conversation, the defendants entered the said contract and that it was implied term that the said knitting machine would be fit for the said purpose. On the 3rd October 2005 The Defendants paid a deposit of  £2000 to the Claimants and paid instalments on 3rd November 2005, 3rd December 2005 and 3rd January 2005. The amount of these instalments plus the deposit was  £3194.57 Between 3rd October 2005 and 16th January 2006 the Defendants complained on three occasions to Saffron Supplies Limited that the said knitting machine had broken. On the first two occasions representatives of the suppliers diagnosed the same as being due to minor problems which were rectified without charge. On the third occasion they diagnosed the breakage as being due to the inability of the said knitting machine to knit the said thick wool fibres. The Defendants refused to pay for the cost of repairing said knitting machine in consequence of which the suppliers thereafter failed and/or refused to repair the said knitting machine at the time. By various phone-calls to the Claimant in or about January 2006 the Defendants demanded the repair of the said knitting machine. Despite this, the Defendant thereafter unlawfully failed and / or refused to arrange repair of said knitting machine. By reason thereof the Defendant sent the said letter of the 16th January 2006 which duly informed the Claimants within a reasonable period of time of their intention to reject the said hire-purchase contract because they had breached the said implied condition and the Defendants are consequently not liable thereon, further the Defendant’s demanded (without prejudice to his claim for damages herein) return of the said  £3194.57 and stated that they would exercise a lien over the said knitting machine until the same had been done.. In the circumstances it is denied that the Claimant is entitled to the relief claimed or any relief for the reasons alleged or at all. Further or alternatively, the Defendants will seek to set off against the Claimant’s claim the matters set out in the Counterclaim below, so as to reduce it or extinguish it altogether. COUNTERCLAIM The Defendants repeat their Defence herein. The hire-purchase agreement has an Annual Percentage Rate (APR) of 46.2% which it is averred is much higher than hire-purchase agreements for other knitting machines and comparable items. In the Circumstances, the said hire-purchase agreement is extortionate pursuant to section 139, Consumer Credit Act 1974. By reason of the Claimant’s said breach of contract the Defendant’s were unable to knit their wool fibres and by reason thereof the Defendants have suffered loss and damage. PARTICULARS By reason of the Defendant’s said breach of contract, the Claimant suffered additional loss and damage, in that they were forced to purchase a similar knitting machine elsewhere, about January 2006 the Defendants purchased a ‘Newgate’ knitting machine at a price of  £9,500. Wasted Time during said repair visits. Cost of Wool Material damaged by said ‘Nuffield’ knitting machine.[1] Further the Defendants are entitled to and counterclaims interest on the sum found due to them for such period and at such rate as the court may think fit pursuant to section 69, County Courts Act 1984. The value of this action exceeds  £5,000 but does not exceed  £15,000. AND the Defendants Counterclaim: Refund of the said Deposit and three instalments of  £3194.57 Interest pursuant to statute as aforesaid. Further or Alternatively; Damages for breach of contract Further or Alternatively; An order that the said hire-purchase agreement is extortionate and that the APR be judicially altered to a more reasonable APR. Statement of Truth I believe (the Defendant believes) that the facts stated in this Defence and Counterclaim are true. Signed†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ DATED thisDay of2006 Bibliography Atiyah, P.S., Adams, John MacQueen, Hector ‘The Sale of Goods’ 2005 / Pearson-Longman / 11th edition. Bridge, Michael ‘The Sale of Goods’ 2000 / Oxford University Press / 1st edition Doonan, Elmer Foster, Charles ‘Drafting’ 2000 / Cavendish Publishing / 1st edition. Inns of Court School of Law ‘Opinion Writing’ 2003 / Oxford University Press Marshall, Enid ‘Scots Mercantile Law’ 1997 W.Green / Sweet Maxwell Edinburgh / 3rd edition. Rose, William M. ‘Pleadings Without Tears: A Guide to Legal Drafting Under the Civil Procedure Rules’1999 / Blackstone Press Limited / 5th edition. 1 Footnotes [1] I have added these in the case that they can be proved as per my opinion.

A Streetcar Named Desire Essay -- A Streetcar Named Desire Essays

Though the â€Å"primitive,† rituals described in Schechner’s article diverge from the realism found in Tennessee Williams’ A Streetcar Named Desire, the same â€Å"reactualization† process exists in his work. Williams’ Streetcar focuses on the â€Å"mock battle† or complete contest between the generational cultures symbolized by Blanche Dubois and Stanley Kowalski’s characters. Blanche, representative of the fallen southern aristocracy, searches for sensitivity and kindness in the new world of Stanley Kowalski, the modern labor class. In Blanche’s search for safety, the semiotic theatrical qualities of the play become a ritualistic â€Å"clash of the titans† as both Blanche and Stanley fight for domination and control over the future generations realized in Stella’s womb. Yet the tragic dethronement of previous generations - represented by Blanche’s exile from the community and her subsequent departure for the asylum – leaves the audience without an Aristotlean catharsis. Rather, the classically regenerative â€Å"sacrifice of the hero†¦is gone; what we have instead is a resignation to general guilt,† (Vlasopolos, 323), as Williams’ titanic â€Å"unmasking† dies away rather than resolving the conflict. With such little hope offered in Williams’ dà ©nouement audience members frequently question Streetcars’ resolution, finding no reactualizing forces in the death characters’ masks. However, the answer to this question lies in the mythological characterizations Williams creates in the battle between Stanley and Blanche. By examining the basic semiotic properties Williams foregrounds in both Blanche and Stanley’s titanic characters the audience may understand the moral force actualized in A Streetcar Named Desires as mythic ritual. Tennesse Williams’ ... ...colors of men† have already been established in earlier instances in the play. When Stanley first meets Blanche, he is returning from the bowling alley. Though the stage directions do not explicitly state whether or not Stanley wears his bowling shirt in this scene, the bowling alley evokes the images of Stanley’s bowling shirt, â€Å"his green and scarlet bowling shirt,† (717). In this case, Stanley’s appearance not only demonstrates his generations definition of masculinity, as an â€Å"aggressive, indulgent, powerful, and proud expression of sex,† (Falk, 95), but also as a bright splotch of color in the otherwise â€Å"physical grubbiness,† (Brown, 41) of his home. Thus, Stanley’s character, through both his physical gestus and colorful costumes, becomes symbolic of his generations masculine dominance, overwhelming and controlling the environment in which Blanche arrives.

My Educational Philosophy Statement Essay -- My Philosophy of Educatio

As a teacher my primary role is to be not only a teacher to my students, but a caring and loving adult who is there to help guide them along the road less taken. I believe the most important part a teacher plays is the adult role model. The teacher may not be able to make every child exactly what they think the child should be. The teacher can teach a child right and wrong. The teacher can set an example and show kids how to be good citizens. Positive views of students will promote a positive teacher-student relationship based on trust. School is the first place where children begin to recognize what they likes and dislikes are, who they are and what they want to become. A great teacher will show the children that they are all important. A student-teacher relationship can become a great... My Educational Philosophy Statement Essay -- My Philosophy of Educatio As a teacher my primary role is to be not only a teacher to my students, but a caring and loving adult who is there to help guide them along the road less taken. I believe the most important part a teacher plays is the adult role model. The teacher may not be able to make every child exactly what they think the child should be. The teacher can teach a child right and wrong. The teacher can set an example and show kids how to be good citizens. Positive views of students will promote a positive teacher-student relationship based on trust. School is the first place where children begin to recognize what they likes and dislikes are, who they are and what they want to become. A great teacher will show the children that they are all important. A student-teacher relationship can become a great...

Qualities Of A Pastoral Carer :: essays research papers

Describe the essential qualities of a pastoral caregiver. Outline literature used to support your assumptions. Discuss the qualities you believe that you have already and what you recognise you need to develop. Include how you intend to do this. “The shepherd was with his flock day and night, often in remote places far from home, and he had to be skilled in keeping the flock together, in finding wanderers and stragglers, in recognising the ailments of his sheep and knowing how to cure them, and in ensuring the safety of the vulnerable members of the flock.'; This definition of the role of a pastoral caregiver highlights the necessity for certain fundamental qualities within an individual in this role. These qualities include integrity, relevant response to issues of the time, deep knowledge of the heart of God, humility, and love. Deep knowledge of the heart of God, is the most important quality for someone in a pastoral role. “Do you know the incarnate God? In our world of loneliness and despair, there is an enormous need for men and women who know the heart of god, a heart that forgives, that cares, that reaches out and wants to heal…The knowledge of Jesus’ heart is a knowledge of the heart. And when we live in the world with that knowledge, we cannot do other than bring healing, reconciliation, new life, and hope wherever we go.'; Spiritual maturity is essential as the above quote of Henri Nouwen explains and is further defined by St Gregory the Great where he wrote, “That man, therefore, ought by all means to be drawn with cords to be an example of good living…who studies so to live that he may be able to water even dry hearts with the streams of doctrine…'; , for a rounded and biblically sound approach as a carer. However the relationship between the individual and Chri st is inevitably ever changing. The pastoral caregiver has to have an open mind to this spiritual development in such things as his or her spiritual gifts, for growth within him or herself and within his or her care giving. In conjunction with this relationship with Christ the quality of relevant response with regard to current issues arises. Contextualising pastoral theology is achieved through this partnership with God and the original attitudes and awareness that come from an experience and understanding of the present situation. Here the wounded healer has the opportunity to address these issues more totally as they have an empathetic depth of understanding.

Frankenstein Analysis ; Essay Essay

I. The pursuit of knowledge is at the heart of Frankenstein. In the letters at the beginning of the novel, Robert Walton had been writing to his sister of how he longs to travel the seas and attempts to surpass previous human explorations by endeavoring to reach the North Pole. Due to his pursuit of knowledge, he finds himself in a dangerous position trapped between sheets of ice. Victor’s pursuit of knowledge started from when he was just a child. The narrator begins to pick apart and identify the aspects of his personality that will eventually lead to his downfall. He possesses what he calls a â€Å"thirst for knowledge. † Thirst, of course, is a fundamental human need, necessary to one’s very survival. Victor’s desire to learn, therefore, is driven by nothing so insubstantial as curiosity. It is instead the precondition of his very being. The fascinations of the human soul and how the body works, intensifying his thirst by reading the books of Cornelius Agrippa, Paracelsus and Albertus Magnus. As Victor attempts to surge beyond accepted human limits and access the secret of life, his creation ends up destroying everyone that he had care for. Although the two had a thirst for knowledge, one quickly realized that they had chosen a dangerous path, Robert Walton. â€Å"You seek for knowledge and wisdom, as I once did; and I ardently hope that the gratification of your wishes may not be a serpent to sting you, as mine has been. † ( letter IV pg 39)From the wise words of Victor, Walton ultimately pulls back from his treacherous mission, having learned from Victor’s example how destructive the thirst for knowledge can be. The theme of the pursuit of knowledge leads into the theme of secrecy. Victor keeps his studies and his experiment of his creation a secret. He also keeps the knowledge of Williams killer a secret because it was his creation of the monster that murdered the innocent boy. II. In chapter two, Victor witnesses the destructive power of nature when, during a raging storm, lightning destroys a tree near his house. â€Å" It was not splintered by the shock, but entirely reduced to thin ribands of wood. I never beheld anything so utterly destroyed. † (pg 48) Therefore Victor had witnessed the destructive powers of nature and was astonished that something so beautiful could be destroyed so abruptly. The world of nature that is expressed in the book can be argued that it affects the moods of characters in the novel. The sublime natural world, embraced by Romanticism as a source of unrestrained emotional experience for the individual. It initially offers characters the possibility of spiritual renewal. Mired in depression and remorse after the deaths of William and Justine, for which Victor responsible, Victor heads to the mountains to lift his spirits. The harsh winter that Victor endured symbolised depression and remorse. As well, after a the hellish winter of cold and abandonment, the monster feels his heart lighten as spring arrives. The influence of nature on mood is evident throughout the novel, but for Victor, the natural world’s power to console him wanes when he realizes that the monster will haunt him no matter where he goes. By the end, as Victor chases the monster obsessively, nature, in the form of the Arctic desert, functions simply as the symbolic scenery for his primal struggle against the monster. III. Victor has been in a stage of secrecy since he was a child. Because of his interests and ambitions that no one could understand, he stayed in secrecy. Victor conceives of science as a mystery to be examined and discover its secrets, once discovered, must be jealously guarded. He considers M. Krempe, the natural philosopher he meets at Ingolstadt, a model scientist: â€Å"an uncouth man, but deeply imbued in the secrets of his science. † Victor’s entire obsession with creating life is shrouded in secrecy, and his obsession with destroying the monster remains equally secret until Walton hears his tale. Whereas Victor continues in his secrecy out of shame and guilt, the monster is forced into seclusion by his bizarre appearance. Walton serves as the final confessor for both, and their tragic relationship becomes immortalized in Walton’s letters. In confessing all just before he dies, Victor escapes the stifling secrecy that has ruined his life; likewise, the monster takes advantage of Walton’s presence to forge a human connection, hoping desperately that at last someone will understand, and empathize with, his miserable existence. IV. The way Mary Shelley wrote the novel Frankenstein is in first person point of view. By having the book in first person the reader is able to witness Victor’s life story on a different level. This helps the reader have a better understanding of what’s going on in the novel. If the novel was written in another form, the reader would probably have great difficulty understanding Victor’s story. Other pieces of works were also mention in the novel such as Paradise Lost. The texts and languages strongly associate with the story as well with other themes in the novel. â€Å"It moved every feeling of wonder and awe, that the picture of an omnipotent God warring with his creatures was capable of exciting. I often referred the several situations, as their similarity struck me, to my own. Like Adam, I was apparently united by no link to any other being in existence; but state was far from different from mine in every other respect. He had come forth from the hands of God a perfect creature, happy and prosperous, guarded by the especial care of his Creator, he was allowed to converse with, and acquire knowledge from, beings of a superior nature, but I was wretched, helpless and alone. † (Ch. XV, page 116) As stated in the quote, the monster is comparing himself and the relationship of him and his creator to the story that he reads in Paradise Lost. The reader can relate to the monster and can see his point of view of how he is mistreated by his creator unlike Adam in the Story. V. In Victor’s case, his isolation comes from pursuing his ambitions, choosing his ambition over the people around him. Even when Victor finishes creating his creature, his feelings of melancholy and guilt overwhelm him so that he cannot have solace from those around him. Though Victor is alone once the Creature has killed his family, this isolation could also be considered brought upon by Victor himself. Victor’s isolation, then, should create in him a sense of guilt or atonement for his creation of a Creature who stripped him of those friends and family surrounding him; however, Victor only seeks vengeance and his continued state of melancholy. The Creature, on the other hand, is isolated because of Victor. Victor was the Creature’s creator and should have provided and taught the creature, taking responsibility instead of running away. He also is isolated by society because of his appearance, which is, again, not the Creature’s fault. Compared to Victor, the Creature is far more isolate, and we can see that this isolation is superior to that of Victor because of the drastic measures the Creature takes in order to be with people. Victor does not really consciously attempt to engage with those around him, but the Creature does, craving companionship and a way to release himself from his isolation. Ultimately, the Creature cannot become part of any community so this isolation creates rage inside of the monster and leads him to commit the acts that ultimately isolate Victor. VI. In the novel Frankenstein by mary shelley there is a clear comparison between the creature and Victor to God and Satan. Victor and the creature are mostly compared to God and Satan. Victor was so blind by his determination to recreate that he was too late to realize exactly what he was creating. He saw that he wasn’t creating life but he was just twisting death. God also regretted his creation after it was too late. In the novel, Frankenstein, Mary Shelley intertwines the relationships between her characters through their insatiable desires for knowledge. The actions of these characters, predominantly the monster, allude to Satan, in John Milton’s epic poem, Paradise Lost. Both the monster and Satan are fixated on vengeance because of the parallel rejection they are faced with in their respective works. Vengeance becomes the principal theme during the course of both works and it fuels the fire for the consciences’ of the monster and Satan’s every judgment. Rejection by creator plays a vital role in the plots of both the monster and Satan. Victor’s creature, born innocent, tried to fit in the world that he was put into. But the constant rejection and isolation from the very beings that he longed to interact with caused him to evolve into a self-acknowledged Satan, from Paradise Lost. The monster immediately upon setting eyes on the world is abandoned and rejected by Victor Frankenstein. The monster states, â€Å"It is with considerable difficulty that I remember the original era of my being; all the events of that period appear confused and indistinct. † (Shelley 194) VII. Throughout the novel, Victor has been struggling with his identity. He was isolated because of his interests in philosophy that no one else had. â€Å" When i was thirteen years of age, we all went on a party of pleasure to the baths near Thonon:†¦ i chanced to find a volume of the works of Cornelius Agrippa†¦I communicated my discovery to my father. My father looked carelessly at the titlepage of my book, and said, â€Å"Ah! Cornelius Agrippa! My dear Victor, do not waste your time upon this: it is sad trash. † † ( pg 46 chap II) Victor’s interest were not accepted therefore he kept to himself and became non social. Thus hindering the aid of finding his identity. The creature also struggled with his quest to find his identity. His creator was filled with disgust at the first sight of him. Without hesitation he shunned his creation and ran away from him. The monster was left with no one to teach him how to love, no one to teach him social skills, how to live, the creature had to fend for himself in every case. This left the monster to question his identity, â€Å"Was I then a monster, a blot upon the earth, from which all men fled, and whom all men disowned. † This leads him to doubt himself, and actually contemplate suicide. Not knowing one’s identity can be troublesome for someone. It can make one question everything they do, every move every thought questions. This can put a strain on ones life and cause them to feel depressed and suicidal. We can see this in the monster and Victor throughout the novel. Although the creature starts to realize that he is alone, there is no other like him. This helps him create an identity for himself. He can characterize himself as an outsider. The theme of identity helps the reader to have a stronger understanding of the characters. In the novel of Frankenstein it can be argued that the theme of religion has been illustrated within the book. While many people view Mary Shelley’s â€Å"Frankenstein† as a horror novel, it is also to be believed it has more of a religious background due to the insertion of â€Å"Paradise Lost† into the story. The story of God creating Adam is a popular topic in this story and is also believed that Shelly had intended for â€Å"Frankenstein† to be an allegory for the story of creation. In the instructional novel of How to read Literature Like a Professor, chapter five and seven can be used to make a connection with the novel of Frankenstein. In chapter five of the instructional manual of How to read Literature Like a Professor, the author explains how stories overlap in a way. Book are never totally original. They all use similar characters with similar personalities. Authors use other authors to influence their style of writing and what they write about. In the novel, Mary Shelley introduces the story â€Å" Paradise Lost†, to make a comparison and difference between the creature with Adam. â€Å" But ‘Paradise Lost’ excited different and far deeper emotions. I read it, as i had read the other volumes which had fallen into my hands as a true history†¦ I often referred the several situations, as their similarity struck me, to my own. Like Adam. † This quote can prove that the creation referred to the story of â€Å"Paradise Lost† and used it as a comparison to its own situation. Therefore stories indeed did overlap in a way. In chapter seven of the instructional manual of How to read Literature Like a Professor, it is mainly about how every piece of literature is somehow related to or referring to the Bible. They all involve things such as temptation, betrayal, denial, etc. Also, writers refer to the Bible because almost everybody knows at least some of the stories from the Bible. The novel Frankenstein expresses religion because Victors obsession with recreating life. He takes a place as God and the creature takes the place of Adam. The story of God and Adam was used in the novel to draw out the use of religion. Chapter seven also connects to Frankenstein because he felt the temptation of knowing the secrets of nature. † The world was to me secret which i desired to divine. † As quoted, Victor had temptation for knowledge. Therefore temptation was involved in the novel. Therefore, the instructional manual of How to read Literature Like a Professor and the novel Frankenstein are relatable. The manual is solely based on teaching rising students like me how to think, and change my perspective in order to get the deeper meaning behind a piece of literature. In Frankenstein the Monster, who is thought to be illiterate, watches the Frankenstein family and teaches himself to eat, sleep, and hold himself like them. He teaches himself to be a more sophisticated human being by watching this family similar to the way millions of students are teaching themselves to be more sophisticated by reading this manual.