Tuesday, May 19, 2020
Bias In Twelve Angry Men (Film) Essay - 1024 Words
ÃâIts very hard to keep personal prejudice out of a thing like this. And no matter where you run into it, prejudice obscures the truth. [Juror 8, page 53] Perhaps this best sums up the basis of ÃâTwelve Angry Men by Reginald Rose. This play is about a young delinquent on trial for the murder of his abusive father. The jury must find him guilty if there is no reasonable doubt, and in turn, sentence him to death. ÃâI dont envy your job. You are faced with a grave responsibility. [Judge, page 1] Peoples bias and predispositions can affect their opinion of different circumstances and different people. This is very evident throughout the play. After the first group vote and juror 8 votes not guilty, a discussion ensues. It is there thatâ⬠¦show more contentâ⬠¦Youre not gonna tell me you believe that phony story about losing the knife, and that business about being at the movies. Look, you know how these people lie! Its born in them! I mean what the heck? I dont even have to tell you. They dont know what the truth is! And lemme tell you, they dont need any real big reason to kill someone, either! No sir! [Juror 10, page 51] This type of prejudice offended many of the other jurors, especially Juror 5 who is of similar race to the accused. However, it isnt just the jurors own personal prejudice that affects the way they vote. The prosecution of the boy led the jurors to believe that he was a guilty beyond all doubt. Also, the boys representation was uninterested and uncaring. ÃâI kept putting myself in the boys place. I would have asked for another lawyer, I think. I mean, if I was on trial for my life Id want my lawyer to tear the prosecution witnesses to shreds, or at least to try. [Juror 8, page 14] This case was one of truth and justice. It becomes evident when the Juror 9 says to Juror 10. ÃâDo you think you have a monopoly on truth? [Juror 9, page 8] The fact is, nobody really knows what the truth is, and at the end of the play, still nobody does. The boy may have been guilty, but as Juror 8 pointed out, who were they to make that assumption? Most of the Jurors had taken for granted that what the prosecution had told them was the truth. Through much discussion the Jurors realised that this mayShow MoreRelatedThe Film 12 Angry Men903 Words à |à 4 PagesThe film 12 Angry Men, explores the issues of conformity, prejudice, and collaborative problem solving among twelve very distinctive men, each with different cultural and ethnic backgrounds. These disparities add to the intensity of jury deliberations surrounding an eighteen-year old Hispanic male, accused of killing his father. The story demonstrates how sociological biases impact the way with which people perceive inform ation. When facts become secondary to perception, challenges arise. The filmRead More12 Angry Men Movie Analysis782 Words à |à 4 PagesTwelve Angry Men Analysis BA 321 Reaching a unanimous vote, beyond a reasonable doubt, was a difficult task for the jurors represented in the film, 12 Angry Men. All but one were convinced the boy on trial was guilty of first degree murder based on eye witness testimony and circumstantial evidence. Uncomfortably hot and sweaty, one intent on getting to a ball game, eleven of the twelve jurors had no intention to stop and think about the life contingent on their verdict. The entireRead MoreTwelve Angry Men1446 Words à |à 6 PagesReginald Rose and depicts a story about twelve jurors trying to determine if a young boy is found guilty of killing his father. The play starts out in the courtroom where the judge is giving instructions to the jurors on the murder case. It is stated that if the young man is found guilty, he will be charged with a mandatory sentence of the death penalty. It is now up to the twelve men to determine if this young man should be sentenced to death. The twelve men then file into the jury room and sitRead More12 Angry Men Analysis909 Words à |à 4 PagesMatter of Perspective: Heads or Tails The 1957 film 12 Angry Men is based around a group of twelve jurors as they decide the fate of a boy accused of murdering his father. From the very beginning the group is divided between those that think he is guilty, and those that donââ¬â¢t know. Every juror has their own opinion and reasoning behind their position, but there are two men that seem to become the backbones of their respective arguments. For the majority voting guilty, Juror #3 is the the criticalRead MoreTwelve Angry Men By Reginald Rose2197 Words à |à 9 Pagesor this project we viewed the original 1957 version of Twelve Angry Men, an American Drama, adapted from the teleplay written by Reginald Rose with the same name starring Henry Fonda as the lead role. The film begins in New York City in a courthouse, it is clear by the expressions on everyoneââ¬â¢s face including the judge that everyone is tired and it has been a long trial. The viewers are told that an unidentified, young Hispanic male originating from the slums is on trial for supposedly stabbing hisRead MoreEssay on Insisting Equality: Twelve Angry Men1447 Words à |à 6 PagesDuring the time Reginald Rose wrote the play Twelve Angry Men America was not an equal place for all people. A democracy is founded on the ideology that all Americans should be given a fair trial in court before being declared guilty. The twelve jurors in the play come from various backgrounds but initially, all but one vote in favor of the boyââ¬â¢s unforgivable sentence; while two other jurors lift two strong social stigmas and overcome their bias. One juror decided to stand up and take the time outRead MoreTheme Of Conflict In 12 Angry Men988 Words à |à 4 Pagesignorance and opposition that c an be caused by the situation someone is surrounded with or a battle within their inner consciousness. The battle between inner conflicts and situational conflicts is explored in both the play Twelve Angry Men by playwright, Reginald Rose and the film On the Waterfront directed by Elia Kazan. Both Rose and Kazan utilises a variety of characters, as well as various literary and visual devices, to promote their ideas around inner conflicts being as powerful as those of situationalRead MoreFeminism, By Debra Baker Beck Essay1660 Words à |à 7 Pageslegal, and economic rights for women - equal to those of menâ⬠(Dictionary.com). It is no secret that the true definition of a ââ¬Å"feministâ⬠has been tossed around and distorted throughout the years. There are several existing views on who feminists are today. Some think that feminists have devolved since the days of the womenââ¬â¢s suffrage movements and that they are now simply ââ¬Å"men-hatersâ⬠that want to atta in higher social and economic statuses than men. Others believe that women are still supporting andRead MoreThe Pursuit Of Freedom And Justice There Was A Hurricane1459 Words à |à 6 Pagesinspired the creation of each song. In 1967 Rubin ââ¬Å"Hurricaneâ⬠Carter was convicted of a triple homicide of three white men at bar but while being processed for the trial he had not been fingerprinted the jail also had not gathered enough evidence against Carter to imprison him, this did not prevent police from doing so. Dylanââ¬â¢s Hurricane creates a narrative that suggests racial bias and neglect on behalf of the townsmen and the police that imprisoned Carter these lyrics represent that idea ââ¬Å"RememberRead More12 Angry Men Analysis3753 Words à |à 16 PagesCBEB 2303 ORGANIZATIONAL BEHAVIOR 12 ANGRY MEN: MOVIE ANALYSIS TABLE OF CONTENT NO | SUBJECT | PAGE | 1 | Synopsis | 1 | 2 | Characters | 2 | 3 | Factor affecting decision making process: * Attitudes * Personality and values * Emotions and moods | 3-44-89-11 | 4 | Other barriers affecting decision making | 11-12 | 5 | Conclusion | 13 | 6 | References | 14 | 1.0 SYNOPSIS/SUMMARY: 12 ANGRY MEN The story is basically about 12 men (jurors) urged by the judge to come to an agreement
Sunday, May 17, 2020
Perissodactyla Odd-Toed Hoofed Mammals
Odd-toed hoofed mammals (Perissodactyla) are a group of mammals that are largely defined by their feet. Members of this groupââ¬âhorses, rhinoceroses, and tapirsââ¬âbear the bulk of their weight on their middle (third) toe. This distinguishes them from the even-toed hoofed mammals, whose weight is carried by their third and fourth toes together. There are about 19 species of odd-toed hoofed mammals alive today. Foot Anatomy The details of foot anatomy vary between the three groups of odd-toed hoofed mammals. Horses have lost all but a single toe, the bones of which have adapted to form a sturdy base on which to stand. Tapirs have four toes on their front feet and only three toes on their hind feet. Rhinoceroses have three hoofed toes on both their front and back feet. Body Structure The three groups of living odd-toed hoofed mammals are varied in their body structure. Horses are long-legged, graceful animals, tapirs are smaller and rather pig-like in body structure and rhinoceroses are very large and bulky in build. Diet Like the even-toed hoofed mammals, odd-toed hoofed mammals are herbivores but the two groups differ significantly with respect to stomach structure. Whereas most even-toed hoofed mammals (with the exception of pigs and peccaries) have a multi-chambered stomach, odd-toed hoofed mammals have a pouch that extends from the large intestine (called the caecum) where their food is broken down by bacteria. Many even-toed hoofed mammals regurgitate their food and re-chew it to aid in digestion. But odd-toed hoofed mammals do not regurgitate their food, it instead is broken down slowly in their digestive tract. Habitat Odd-toed hoofed mammals inhabit Africa, Asia, North America and South America. Rhinoceroses are native to Africa and southern Asia. Tapirs live in the forests of South America, Central America, and Southeast Asia. Horses are native to North America, Europe, Africa and Asia and are now essentially worldwide in their distribution, due to domestication. Some odd-toed hoofed mammals, such as rhinoceroses, have horns. Their horns form from an outgrowth of skin and consist of compressed keratin, a fibrous protein that is also found in hair, nails, and feathers. Classification Odd-toed hoofed mammals are classified within the following taxonomic hierarchy: Animals Chordates Vertebrates Tetrapods Amniotes Mammals Odd-Toed Hoofed Mammals Odd-toed hoofed mammals are divided into the following taxonomic groups: Horses and relatives (Equidae) - There are 10 species of horses alive today.Rhinoceroses (Rhinocerotidae) - There are 5 species of rhinoceroses alive today.Tapirsà (Tapiridae) - There are 4 species of tapirs alive today. Evolution It was previously thought that odd-toed hoofed mammals were closely related to even-toed hoofed mammals. But recent genetic studies have revealed that the odd-toed hoofed mammals may, in fact, be more closely related to carnivores, pangolins, and bats than to the even-toed hoofed mammals. Odd-toed hoofed mammals were far more diverse in the past than they are today. During the Eocene the were they dominant land herbivores, vastly outnumbering the even-toed hoofed mammals. But ever since the Oligocene, odd-toed hoofed mammals have been in decline. Today, all odd-toed hoofed mammals except domestic horses and donkeys are sparse in number. Many species are endangered and at risk of extinction. Odd-toed hoofed mammals of the past included some of the largest land mammals ever to have walked the Earth. Indricotherium, an herbivore that inhabited the forests of central Asia between 34 and 23 million years ago, was three or four times the weight of modern-day African savannah elephants. The most primitive of the odd-toed hoofed mammals are believed to be the brontotheres. Early brontotheres were about the size of modern-day tapirs, but the group later produced species that resembled rhinos.
Wednesday, May 6, 2020
Analysis Of Walt Disney s Disney - 2028 Words
If I say the word ââ¬ËDisneyââ¬â¢, most people would automatically think of Mickey Mouse, Peter Pan, and all of the beloved characters that weââ¬â¢ve grown up with and grown fond of, right? Hollywoodââ¬â¢s best known studio, Walt Disney Animation, wasnââ¬â¢t always a billion-dollar organization, but still, after almost 100 years, manages to capture the hearts and captivate the eyes of the world. In this expository essay, I will explain how Disney began, how it grew, and how it still manages to affect the world, even after Walt Disneyââ¬â¢s death. Disney, the best known studio in Hollywood, California, started small. Walt Disney, and his brother Roy, produced many short live-action and animated films called the Alice Comedies in the back of a small office from Holly-Vermont Reality in Los Angeles in 1923, with the rent only $10 a month. By month four, the staff moved to a larger building, which read ââ¬ËDisney Bros. Studioââ¬â¢ on the window. One year later, Wa lt and Roy moved into a Hyperion Avenue lot in Los Angeles (ââ¬ËThe Walt Disney Studios Historyââ¬â¢). After failed attempts to make the audience enjoy the Alice Comedies, Disney created Oswald the Lucky Rabbit. Universal Pictures distributed it, but Disney lost the contract in February of 1928 to Charles Mintz. In 1928, Disney created a mouse, whom his wife wanted to call ââ¬ËMortimerââ¬â¢, but he chose the name ââ¬ËMickeyââ¬â¢, with his chief animator, Ub Iwerks. Disneyââ¬â¢s first sound film, Steamboat Willie, starring Mickey, released November 18, 1928. The third ofShow MoreRelatedAnalysis Of Walt Disney s The Disney Company1126 Words à |à 5 PagesThe Walt Disney Company Walt and Roy Disney founded the Walt Disney Company on October 16 of 1923, as the Disney Brothers Cartoon Studio. Established leader in the American animation industry that began with the Creation of Mickey Mouse; today, the Walt Disney Company is a diversified worldwide entertainment company. The company is the largest media conglomerate in the world and represents a collection of brands includes ESPN, ABC, Pixar and Marvel. The Walt Disney Company has different divisions:Read MoreAnalysis Of Walt Disney s Disney 1575 Words à |à 7 PagesWalt Disney Thesis: Many of us enjoy Disney movies and theme parks, but not many of us know the story and life of Walt Disney himself. I.Early Life Birth Dec. 5, 1901, Chicago, Illinois Fourth Child Childhood 1. Loved drawing animals 2. Had Siblings 3. Moved Often C. Teenagehood School 2. World War I Red Cross Ambulance Corps II. Career Education Apprentice Cartoon Classes Jobs Paper Boy Film Ad Company Laugh-O-Gram Films, Inc. StudioRead MoreAnalysis Of Walt Disney s Disney Essay1217 Words à |à 5 PagesThe Disney is huge animation company and their films are an enormous part of the entertainment industry in the whole world. They influence all kinds of people, from children to adults. Also, Disney was created over 90 years ago, and till this very day its most entertaining animation company. Throughout period of time, they have played a tremendous role in how society displays gender roles. As Janet Wasko explains: ââ¬Å"Disney provides an opportunity to analyse an entire popular cultural phenomenon fromRead MoreAnalysis Of Walt Disney s Magical Disney 1414 Words à |à 6 Pagesââ¬Å"Magical Disneyâ⬠Can there be a world without Walt Disney? The answer is no, because he has transformed the way of the television and theme park industry that consists in our world today. Walt also brought great teachings and inspirations such as the ability to dream. Walt said,â⬠If you can dream it you can do it. Walt Disney is a wonderful and patriotic man who had a wonderful and happy life doing what he loves, making other s dreams come true. First who is Walt Disney and how didRead MoreAnalysis Of Walt Disney s Transformational Leadership1726 Words à |à 7 PagesIntroduction The purpose of this paper is to act as a consulting analysis on how Walt Disney utilized his transformational leadership and brought to the world one of the most famous entertainment companies in the 20th century. Transformational leaders provide extraordinary motivation by appealing to peopleââ¬â¢s ideals and values and inspiring them to think about issues in new ways. It begins with a vision and the leader embeds that vision into others through encouragement, enthusiasm and motivationRead MoreAnalysis Of Walt Disney s The Great Gatsby 1660 Words à |à 7 PagesThis is the man who created the happiest place on earth. This.Is. Walt. Disney *que cartoon* Walt Disneyââ¬â¢s Steamboat Willie, the first of many other Mickey Mouse cartoons, was a great hit all over the world. But it took a difficult and long journey to be where his legacy is today. Lets look back to where it all beganâ⬠¦. Walter Elias Disney was born on December 5, 1901 in Chicago, Illinois. His parents were Elias and Flora Disney. He was born into the family with three siblings: Herbert, RaymondRead MoreAnalysis Of Walt Disney s Lala Land 1734 Words à |à 7 PagesGrowing up watching Disney movies, Iââ¬â¢m sure you though one day your prince charming was going to show up at your door and sweep you off your feet and you would live happily ever after. Walt Disney lived in ââ¬Å"LALA LANDâ⬠. Letââ¬â¢s be real here, everyone has to kiss at least one toad in their life, and If you are like me, no one ever sat you down and instructed you on how to choose a life partner or even gave you an idea how love works. Everyone falls in love differently. No two love stories are ever theRead MoreAnalysis Of Walt Disney s Public Limited Company1262 Words à |à 6 PagesWalt Disney Public Limited Company 4.5 Detailed explanation of ratios and detail analysis of the company Liquidity ratio is consists of current and acid ratio. It is used to assess firmââ¬â¢s ability to its short-term debts. It does not count about profit but working capital, which is important to ability of paying its short-term debt of the business. Current Ratio analysis Current Ratio is used by business to compare its current liability with current assets. Preferable current ratio is advised toRead MoreAnalysis Of Walt Disney s The Happiest Place On Earth 1159 Words à |à 5 Pages The Legend A man by the name of Walt Disney, is the ideal symbol of an American hero. Disney is known to bring inspiration and imagination into many of his productions. Disneyland, the happiest place on earth, was built by Disney in the late forties. As the founder of Walt Disney Company, and a producer, he has collected a record of fifty- nine nominations as an Academy Award winner, winning thirty-two awards, and still holding the record. At sixty-five, Disney died of lung cancer, leaving behindRead MoreAnalysis Of Walt Disney s If You Can Dream It902 Words à |à 4 PagesWalt Disney, ââ¬Å"If you can dream it, you can do it.â⬠Who was he? Well he was an American business magnate, cartoonist, animator, voice actor, and film producer. He is also regarded as the culture icon, who shaped Americaââ¬â¢s entertainment and animation industry. Walt Disney is the reason why my childhood was filled with happiness, because he created my favorite cartoon characters that I still love to watch to this day. To better understand who Walt Disney was I will be talking about problems that he
Social Norms Of Age Of Enlightenment - 1129 Words
Section 1 Answer 2 In the 19th century, a period called Romanticism started in the European continent. This period consisted of art, literature, poetry, philosophy and scientific thought. It played a major role in historiography, education and natural sciences. It evolved from a partly reaction of the Industrial Revolution where the social norms of Age of Enlightenment and scientific rationalization of nature was created. This period tried to make a great effect on the political backgrounds as the impact of such things could make this sector better and less complicated. This movement made a great role in the hearts of many people in that century. It made an aesthetic expression where emphasis was placed on emotions such as horror, terror, apprehension and happiness. People liked this role of expression as they could express themselves in a better way and also in a nicer way. This consisted of folk art which represented traditional values and customs and people liked this period more than anything at that time. People became more involved in literature and poetry and philosophy as it gave them inner peace and entertainment. Romanticism also helped in medievalism and also created different forms of art and medieval things. It helped in recreating industrialism through the impact of art and culture. Some of the important roles of Romanticism were that it gave a high value to the accomplishments of heroic individuals and artists, who maintained the quality of society in aShow MoreRelatedKarl Marx And Manifesto Comparison Essay1402 Words à |à 6 Pages Philosophy has shaped the world in almost everything we have done. Philosophy causes everyone to at least question the norms of society and situations. This makes a healthy pattern for society. If we never were to question anything we would just be blind sheep who follow whatever they are told. Many philosophers challenge the norms in a hope to make things better. Karl Marx and Buddha were very influential people in the world of Philosophy and are some of the pioneers of challenging the routineRead MoreThe Age Of Enlightenment And The Scientific Revolution1675 Words à |à 7 Pagesthe years, the society and the world evolved giving rise to the establishment of new social norms and scientific advances. Although the industrial re volution and the scientific revolution represented a giant leap forward in human development, the Age of Enlightenment delivered the greatest influence for the future American society and planted the way for cultural and humanistic enrichment. The Age of the Enlightenment raised new concepts in education, democracy, and human freedom. The new humanisticRead MoreImpact Of Enlightenment On The French Revolution878 Words à |à 4 PagesI agree that the Enlightenment was force for positive change in society. The Enlightenment was one was the most important intellectual movements in History, as it dominated and influenced the way people thought in Europe in the late 17th and 18th centuries. We will look at how it ultimately influenced the American and French Revolution which is still strongly governed by these ideas and principles today. The Age of Enlightenment was a European movement emphasizing reasoning and individualism ratherRead MoreContribution And Influence Of Voltaire760 Words à |à 4 Pages The age of enlightenment and the influence it has played in the development of society is one of many layers. There have been many influential people who have directly contributed to the progression of our literatures and societal norms. One of the more outspoken and notable philosophers was French born Francois-Marie Arouet also known by his pen name of Voltaire. He was born in Paris in 1694 into to wealth. His father was a well-known lawyer and dignitary who had great notoriety and influenceRead MoreTop Ten1569 Words à |à 7 PagesTop Ten Assignment The Enlightenment and Romanic Ages produced numerous masterpieces in art, music, architecture, and literature which people still enjoy today. These opus magnums along with the philosophies during the two periods are reflections of the developments in world events and cultural patterns. This paper will present two pieces of art, music, architecture, literature, and philosophy from the Enlightenment and Romanic Ages that best represents the developments patterns from that time. Read More Wollstonecrafts A Vindication of the Rights of Women Essay1291 Words à |à 6 Pagesworth. During the Enlightenment, some women began to question this norm and to voice their unhappiness. The Enlightenment period was an intellectual movement that sought to reform society and advance knowledge (ââ¬Å"Age of Enlightenmentâ⬠). Even with all of the Enlightenmentââ¬â¢s great advancements, women still did not possess many rights. Women continued to be ââ¬Å"oppressed and kept to the private sphere ,â⬠separated from men (ââ¬Å"Women in the Enlightenmentâ⬠). Few women challenged these social norms, but a few existedRead MoreThe Role Of Role During The Middle Eastern Modernity953 Words à |à 4 PagesName Tutor Name Date The Role Played by Europeans in Middle Eastern Modernity The term modernity is widely used to refer to various changes in cultural and social norms that occurred in post-medieval Europe. The concept includes different but interrelated historical and cultural events that impacted politics, human culture, and social institutions. In simple words, modernity can be referred to as the aspect of being up to date, usually characterized by a contemporary way of thinking or living. TheRead MoreEnlightenment Assessment : The Ideal Of Reason1270 Words à |à 6 Pages Instructor: Course: Date: Enlightenment Assessment: the Ideal of Reason The greatest initial collapse of the Enlightenment ideals occurred at the beginning of the 19th century. It was associated with the realization of the limitations of the mechanical-mathematical view of the world and a number of social upheavals, including the bloody French Revolution, which gave birth to dictatorship and terror. These forced to question the possibility of a ââ¬Å"social contract.â⬠Moreover, the awarenessRead More19th Century Changes for Europe and America1453 Words à |à 6 Pagesmovements were born. From Enlightenment to Romanticism, Realism to Symbolism, each had their own unique way of looking at life and meaning. These differences and similarities in style can be seen in their respective various forms of philosophy, as well as music and literature. The age of Enlightenment began as one of the first alternative ways of thinking. It emphasized more scientific reason and fact rather than believing that God controlled all things. The age of Enlightenment saw advances in scienceRead MoreThe Enlightentment of Age of Reason Sparked Change1049 Words à |à 4 PagesThe Enlightenment brought new thinking, making people closely examine the world around them, which sparked change. Also known, as the Age of Reason there was a questioning of authority as people became enlightened and this caused new thoughts such as liberalism, conservatism, skepticism, and Francis Baconââ¬â¢s empiricism brought over from the scientific revolution. The Enlightenment was a maturity of mankind to higher level thinking, not just following the status quo. It was a raise in education against
Contract Law Contract for the Tanker Construction
Question: Describe about the Contract Law for Contract for the Tanker Construction. Answer: 1. Issue The critical issue in this case is to remark on the presence of the valid consideration and involvement of the various factors required for Jack to have an enforceable agreement with Jane. Rule The main requisites for the enactment of an enforceable agreement are highlighted below (Andrews, 2011). 1) Lawful offer from the concerned offeror/promisor directed to the offeree 2) Lawful acceptance from the concerned offeree/promisee directed to the offeror 3) Valid consideration for both the offeror and offeree Valid offer and valid acceptance It is significant for the enactment of an enforceable agreement that the offer and acceptance must be extended with sound mind and consent of both the parties i.e. offeror and offeree. The important aspect for the lawful offer/promise depends on the nature of the offer i.e. the offer must be legal as per civil law, liable and must have some value and must be communicated to the offeree (Carter, 2012). For lawful acceptance, the offeree must not involve any condition or terms in return to the offer. If the respective offeree has sent acceptance, after including some conditions, then it would be designated as counteroffer. This acceptance cannot be labelled as valid, till the original offeror confirmed the counteroffer and sends acceptance for the counteroffer. (Davenport Parker, 2014). Valid consideration Another key ingredient for the legal agreement is valid consideration. This is specific in nature since it describes the difference between the enforceable promise and gratuitous promise. The real definition of the consideration can be adopted from Dunlop Pneumatic Tyre Co Ltd v Selfridge Co Ltd (1915) case. Consideration is the significant amount that the offeree needs to pay to the offeror in order to provide compensation for the respective offer or commitment (Pathinayake, 2014). As valid consideration is the main requisite for the legal agreement, hence it is necessary to discuss the various aspects related to this ingredient. Valid consideration must be applied for the offer/promise, which will perform or enact in the present scenario or in future, since any past consideration would not liable to perform any present promise (Pendleton Vickery, 2005). Consideration can be any object, price, any promise in the return to the offer/promise. An enactment of the agreement, without specific valid consideration will be treated as null or void agreement (Harvey, 2009). Another aspect of consideration is adequacy. It is not necessary that the consideration amount will be equal to the current market amount of the offer or promise. This aspect of the consideration can be explained by referring to the verdict of Chappell Co Ltd v Nestl Co Ltd (1960) case, in which three chocolate wrappers were considered as a valid consideration for the contract. When any reprehensible conduct has occurred between the parties, then the adequacy of the consideration amount is taken into account. Court will raise the point of adequacy of consideration amount to prevent any wrong decision in the presence of unethical or miserable conduct (Lindgen , 2011). Application Jane offers to provide her vehicle to Jack Offeror Jane relocated in overseas location and thus made an offer to give her vehicle to Jack, without asking for any compensation in return to the vehicle. At the time of this transaction, the commercial value of the vehicle was nearly $25,000. Jack wilfully accepted the offer without asking for stipulations from Jane. The valid offer and acceptance is not sufficient to enact an enforceable agreement, as there was no consideration performed for Jane. Thus, this offer becomes gratuitous promise due to the absence of consideration. Therefore, in regards to the rules of the contract law, the presence of gratuitous promises cannot pave way for an enforceable agreement for Jack. Jane offers to sell her vehicle to Jack for an compensation amount of $25,000 Offeror Jane extends an offer to sell her vehicle to Jack for a specific compensation amount of $25,000. The offeree Jack sent his acceptance for the respective offer. He was set to pay $25,000 to gain possession of the vehicle. In this scenario, the valid offer is created by Jane, valid acceptance is sent by Jack in a wilful manner and the most important aspect, presence of the compensation or consideration amount of $25,000 which was exactly the same as commercial value of the vehicle is also there. Hence, a lawful enforceable agreement is mandatory for Jack. Jane offers to sell her vehicle to Jack in the compensation of $2,500 Offeror Jane created an offer to sell her vehicle to Jack. She also asked Jack to pay a compensation amount of $ 2,500. Jack confirmed to pay this compensation amount to Jane without any argument and conditions. The commercial value of the vehicle at the time enactment of the agreement was $25,000. However, the mentioned consideration amount is not anywhere close to the commercial value of the vehicle, which arise the question of adequacy. As per the above discussion, there was no any unconscionable activity or coercion performed by the offeror or offeree. Hence, as per the verdict of the contract law, adequacy is not imperative in the current scenario. Thus, the compensation amount of $2,500 will also be worked as valid consideration. Therefore the presence of legal consideration leads to the existence of an enforceable agreement for Jack. Conclusion Case1: Presence of gratuitous promise due to lack of valid consideration and no enforceable agreement for Jack. Case 2: Presence of all essential ingredients i.e. offers, acceptance and consideration caused enactment of an enforceable agreement for Jack. Case3: Presence of consideration, offer and acceptance lead to the existence of enforceable agreement for Jack, as no unsuspicious conduct was present. 2. Issue Based on the contractual conduct of the two parties, determine as to whether the North Ocean Tankers would find success in their recovery claim. Rule A contract execution requires the precise and uncompromised presence of a host of factors. In this regards, one of the most critical ones is mutual consent on the part of parties to enter into contract. For this to happen, both parties should have enough consideration to bring upon themselves contractual obligations (Carter, 2012). When a particular contract term may be biased towards the interest of a particular party, it is likely to be rejected by the other party. However, at times, in these cases consent through force may be obtained with the intent of forming a contract. Such kind of circumstance is referred to as duress. Duress may be present for the original contract but may also be applied with regards to inserting terms that tend to protect the interests of the dominant party (Andrews, 2011). In accordance with the relevant provisions of the common law, contracts enacted under the actions that fall within the ambit of duress would be voidable at the will of the party whose consent have been obtained through application of force. The endorsement of this understanding is extended from the decision of Generation Corporation t/as Verve Energy v. Woordside Energy Ltd. [2013] WA SCA 36 case. If the party could prove that indeed duress was present, then the party can potentially recover the losses caused due to discharge of contractual obligations which were forced (Paterson, Robertson Duke, 2015). Duress is a widely used defence where the parties are directly or indirectly forced to comply with unjustified demands. The concept of duress has also evolved in the last four to five decades to include and take cognizance of the economic duress which is increasingly becoming more prevalent with the increase in commercial transactions. Unlike physical threat which are more direct, economic threats are indirect in nature and hence certain pointers are useful in detecting the presence of economic duress (Pathinayake, 2014). Evidence needs to be presented with regards to the usage of dominant economic position in bad faith so as to obtain forced consent. Further, under the pressure exerted by the dominant party, the party subject to duress has no practical option except to agree with the demands. This agreement in turn leads to the establishment of a contractual relation between the parties (Taylor Taylor, 2015). Success in proving that the contract was indeed enacted under economic duress would provide the aggrieved party with the right to bring legal charges against the other party with the intention of claiming losses caused. But, to successfully claim the damages, the issue must be brought to the notice of the court as the earliest after the contractual obligations have been discharged (Davnport Parker, 2014). In any case, it is imperative that the matter should be brought before the court in reasonable time. This reasonable time has not been objectively quantified and essentially would be derived by the respective circumstances of each case and it is the prerogative of the court to opine on this matter (Lindgren, 2011). The importance of timing with regards to claim filing is apparent from the decision in the North Ocean Shipping v Hyundai Construction (The Atlantic Baron)[1979] QB 705 case. Even though the court was in sync with the plaintiff with regards to economic duress being used but still the claim was rejected as the claim was brought in the court only after a delay of eight month post delivery which the court ruled was not within reasonable time. Thus, the court ruled that this huge delay amounted to acceptance being given by the aggrieved party to the altered contract thereby making it valid (Pendleton Vickery, 2005). Application In the given case, two parties enter into a legal contract for the tanker construction, The buyer subsequently enters into another contract with the customer assuming the tentative delivery date of the tanker. However, the shipbuilder then demands a payment of $ 3million from the buyer for making up the lesser realisation caused due to currency devaluation. However, no clause regarding currency linked payments was introduced in the contract and hence the buyer resented. However, in response the seller threatened with stopping the construction work and thereby delaying the delivery which the buyer could ill afford. In these circumstances, the incremental payment was made which the buyer now aims to recover after nine months post delivery. In the given case, it is evident that the shipbuilder has abused the superior economic position by threatening the buyer that the work would be stopped if the payment was not released, The buyer on account of the charter needed a timely delivery and hence was left with no choice but to comply with the demand forwarded by the seller. The buyer did protest against the unjustified payment and would not have released any payment if economic threat was not present. Thus, the buyer was indeed subject to economic duress from the part of the seller which provides a right to claim damages in reasonable time to the aggrieved party or the buyer in this case,. However, the buyer did not initiate legal recourse for recovery of $ 3 million until about nine months after taking the tanker delivery. This long delay amounted to automatic consent being provided by the buyer to the demand for $ 3million and hence the claim would not be successful as the delay effectively made the contract valid. Conclusion The long delay of nine months in bringing the matter before the court is the main reason for the denial of the claim of the buyer even though economic duress could be established. References Andrews, N 2011, Contract Law, 3rd eds., Cambridge University Press, Cambridge Carter, J 2012, Contract Act in Australia, 3rd eds., LexisNexis Publications, Sydney Davenport, S Parker, D 2014, Business and Law in Australia, 2nd eds., LexisNexis Publications, Sydney Harvey, C. 2009, Foundations of Australian law. 3rd eds., Tilde University Press, Prahran, Victoria Lindgren, KE 2011, Vermeesch and Lindgren's Business Law of Australia, 12th eds., LexisNexis Publications, Sydney Pendleton, W Vickery, N 2005. Australian business law: principles and applications, 5th eds., Pearson Publications, Sydney Paterson, J, Robertson, A Duke, A 2015, Principles of Contract Law, 5th eds., Thomson Reuters, Sydney Pathinayake, A 2014, Commercial and Corporations Law, 2nd eds., Thomson-Reuters, Sydney Taylor, R Taylor, D 2015, Contract Law, 5th eds., Oxford University Press, London
Modern Fantasy - The Lion, The Witch and The Wardrobe free essay sample
Modern fantasy is a genre that originated from traditional fantasy. As with traditional fantasy, modern fantasy novels are distinguished by story elements that contradict the natural physical laws of our known world. However, modern fantasy does have elements that differentiate it from traditional fantasy. Modern fantasy novels are always associated with an author; settings are detailed and important to the plot and characters grow and change throughout the story. There are also many commonly used themes, motifs and story occurrences in modern fantasy compositions. The Lion, The Witch and The Wardrobe by C.S. Lewis uses many of these. It is an example of a modern fantasy novel, as the characters, setting and storyline match the criteria for the modern fantasy genre perfectly. There are many motifs and common storyline occurrences associated with the modern fantasy genre. Magic, other worlds, good versus evil, heroism, fantastic creatures and fantastic objects are the basic modern fantasy motifs, and are all used in The Lion, The Witch and The Wardrobe. Narnia is the magical other world, home to the fantastic creatures and objects, in which the Pevensies and the White Witch take the form of good versus evil. All modern fantasy compositions are through the eyes of the hero/s, and the generic storyline goes as follows. Firstly, the hero/s are called to adventure by some sort of herald. In The Lion, The Witch and The Wardrobe, this herald is Mr. Tumnus the faun, whose arrest by the White Witch leads the four children into their adventure. Another common event which occurs in modern fantasy books involves the hero/s crossing into another world or place that is no longer safe or secure. In The Lion, The Witch and The Wardrobe the wardrobe is the gateway to Narnia, through which the Pevensies make the crossover to an unknown, unsafe world. The hero/s must then survive physical and emotional trials in this unknown world, and a main quest becomes evident leading to ultimate character development and physical survival. In The Lion, The Witch and The Wardrobe, the main quest is to save Narnia from the White Witchââ¬â¢s ruling. When quests are accomplished in modern fantasy, the hero matures and becomes a whole person. This is evident in The Lion, The Witch and The Wardrobe especially in the case of Edmund, who atà the beginning of the novel is quite insecure and lacks common sense. By the end of the novel he is a more rounded character; he has learned a great deal and has formed a better relationship with his siblings. All four of the children in The Lion, The Witch and The Wardrobe are typical hero characters. They doubt themselves at the start but grow and develop throughout the story. This development shapes the plot because the White Witch would not have been defeated if not for the strong, whole characters that the Pevensies had become by the end of the novel. This is true for not only The Lion, The Witch and The Wardrobe, but other modern fantasy novels too. Aslan the lion fits the role of another typical modern fantasy character: the guide, leader and protective figure. Older, wiser and more powerful than the children, Aslan protects them in addition to acting as a mentor. He teaches and trains them, helping them to develop and gain strength emotionally and physically. The talking animals in general the beavers and the wolves are another very significant feature of the modern fantasy genre. Narniaââ¬â¢s main population in The Lion, The Witch and The Wardrobe is talking animals, in addition to mythical creatures such as Mr. Tumnus the faun and the centaurs which are also commonly seen in modern fantasies. The fantastical setting of Narnia, a magical world, demonstrates again that the The Lion, The Witch and The Wardrobe is a modern fantasy novel. Very detailed, almost believable settings are regularly used in modern fantasies, as they are often a very important element of the story. Narnia is key to the plot of The Lion, The Witch and The Wardrobe, as it is the setting for the majority of the novel, and nearly all important events and character developments occur there. Similarly, the crossover between Narnia and the real world is a very common trait of this genre. Crossovers between two separate worlds are also seen in other popular modern fantasy compositions such as Harry Potter and The Wizard of Oz. Often these new worlds are less safe or secure as the previous one. This is quite clear in The Lion, The Witch and The Wardrobe on arrival to Narnia the children are almost immediately under threat from the White Witch and the wolves. At the end of adventures in modern fantasies characters return home just as the Pevensies tumble back out of the wardrobe and into the real world. The modern fantasy novel The Lion, The Witch and The Wardrobe utilises elements which make this genre unique. Essentially, the modern fantasy genre borrows from the tales of traditional fantasy ancient mythologies and folktales to create new and original stories. Primarily this genre is concerned with connecting readers through the use of detailed, relevant settings and strong character developments. These elements are shown all throughout The Lion, The Witch and The Wardrobe. It also uses the fantasy elements of magic and myths and loosely follows a storyline involving the heroââ¬â¢s journey. The Lion, The Witch and The Wardrobe is a classic book within the modern fantasy genre.
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