In Goyas Greatest Scenes We Seem to See free essay sample

In this paper I will be exploring the social criticism that is conveyed by Lawrence Ferlinghetti in his poem â€Å"In Goya’s Greatest Scenes We Seem to See. † Ferlinghetti criticizes the industrial revolution in America; he compares its outcomes with war. Ferlinghetti alludes to various paintings by Goya that depict war, and links their interpretation to the industrialization in America. The poem contains various poetic elements such as alliteration, hyperbole and Ekpharsis all reinforce his rhetoric. Being a painter as well as a poet contributes to Ferlinghetti’s brilliant mixing of art and poetry, the poem’s appearance has a strong visual effect, one that transports the notion of war and chaos through its form. I will demonstrate Ferlinghetti’s use of alliteration, hyperbole and Ekpharsis, as a means to criticize the industrialization in America. The socio historical context of this poem is the economic growth that the American society has experienced during the 1950’s, also known as â€Å"the golden age of capitalism. Lawrence Ferlinghetti was a part of the â€Å"Beat Generation,† a group of poets that among other things were known for their criticism of capitalism and rejection of materialism. The poem was published in Ferlinghetti’s book titled â€Å"A Coney Island of the Mind† in 1958. It is written in an open form and lacks clear rhymes and structure; it follows the rhythm of natural speech. I will refer to the poem by lines, and as having two sections: the first discusses art, and the second discusses American society and highways. The speaker addressee relation in the poem is from one scholar to another. Ferlinghetti’s language as well as his reference to art indicates that the poem targets educated people, possibly his fellow poets. In this poem Ferlinghetti fuses two periods, the peninsular war as it was depicted by Goya, and the industrialization in the 1950’s. In the first section and lines, Ferlinghetti describes the pain and suffering that is inflicted on humanity using Ekpharsis, he refers to art and dramatically portrays its meaning, which later he links to industrialization. â€Å"In Goya’s greatest scenes we seem to see/ the people of the world† (lines1-2) The alliteration in the first sentence draws attention specifically to Goya’s paintings, combined with the plural ‘we,’ can be seen as referring to fellow scholars, like him, they are able to interpret Goya’s paintings. These lines contain a hyperbolic exaggeration; Ferlinghetti generalizes the people of the world, as all being portrayed in a particular painting. All the people in the world could never be depicted in a single painting. The use of hyperbole draws attention to Ferlinghetti’s interpretation of that particular moment, as if people from the 1950’s are depicted in it. He continues to portray â€Å"[the exact] moment when/ they first attained the title of /†suffering humanity† (lines3-5). Ferlinghetti refers to a particular moment that depicts collective suffering; however the specific moment of reaching the title of â€Å"suffering humanity† (line 5) cannot be determined. Ferlinghetti personifies the painted â€Å"suffering humanity† (line 5) they â€Å"writhe upon the page,† (line 9) as if twisting in pain in the painting. All these instances of hyperbole portray horrors of war as if they become alive today, at the climax of the industrialization. Ferlinghetti uses hyperbolic descriptions to dramatize and attract attention to the circumstances in the paintings; he links the outcomes of past war, to the present-day industrialization. Ferlinghetti reference to particular paintings is in order to connect the depicted war to industrialization. It is evident through the â€Å"suffering humanity,† (line 5) and specific elements such as â€Å"groaning with babies and bayonets/under cement skies†. These images allude to a series of painting by Goya called â€Å"The Disasters of war,† that depict realistic images of war. These images represent Ferlinghetti’s perception of industrialization. Lines 10 and 11 that depict a scene of battle, also display a strong contrast between babies and bayonets. Babies symbolize birth, giving life and continuation, while bayonets stand for death, murder, and the taking of lives. The description of Goya’s paintings provides a strong contrast between nature and industrialization. There are no natural elements in Goya’s paintings, the skies appear to be cement like, trees are â€Å"blasted,† (line12) hit, stricken, not by a natural force but by war. The â€Å"cement skies† (line11) have a double meaning; besides suggesting an image of a dark war they provide a connection to the concept of industrialization. â€Å"Bent statues bats wings and beaks/slippery gibbets/ cadavers and carnivorous cocks† (lines 13-15) these lines contain strong alliterations; the emphasis in their pronunciation creates drama that draws attention to the message of  death that is conveyed in these lines. The â€Å"abstract landscape of blasted trees,† (line12) also alludes to industrialization; Ferlinghetti contrasts natural elements with men made material. The theoretical scene of bent trees evokes the sense of war between natural vs. unnatural elements, through the destruction of natural elements, outcomes of war are linked with industrialization. Ferlighetti’s description of images from Goya’s â€Å"The Disasters of war,† mediate between his knowledge of art and poetry, transforming powerful and vivid scenes of war, to those of industrialization. The particular images that Ferlinghetti describes are termed in a very particular and precise word choice. Ferlinghetti’s language in the poem has a strong political connotation. Being a part of the â€Å"Beat Generation,† has influenced his writing and word choice in this poem. The main agenda of the â€Å"Beat† culture comprised of dismissing known conventions in writing, being modern and revolutionary, experimenting with drugs and sexuality, rejecting and criticizing materialism, and explicit depictions of human condition. Most of these elements are exhibited in the poem. Terms like â€Å"blasted trees† (line 12) and â€Å"bent statues,† and â€Å"beaks,† (line 13) may be interpreted as drug related. In terms of slang being ‘blasted’ means ‘high,’ ‘bent’ means intoxicated with drugs and ’beaks’ is a term for cocaine. Possibly, these terms were specifically selected, in order to keep up with the agenda of being modern, revolutionary, and explicit about the true condition of humanity. The form as well as the word choice are Ferlinghetti’s rebellion against the familiar conventions in poetry, the lack of symmetry and the double meanings in his phrases all live up to a reputation of a â€Å"beat† poet. Ferlinghetti’s fusion of past wars through Goya’s works, with present events as the industrialization, proves him to be unconventional, innovative, explicit and critical of current happenings, he successfully maintains his status as a â€Å"beat† poet. Goya’s â€Å"imagination of disaster† (line18) proves to be â€Å"bloody real,† (line19) as Ferlinghetti’s moves the reader to the present where it all â€Å"still exist[s]† (line20), and the threat of industrialization on the American society is the same as the threat of war, but with a different landscape. In the second part of the poem Ferlinghetti introduces a shift of periods; he focuses on events in the 1950’s. According to Ferlinghetti, there was a change in the landscape that consisted of billboards that advertised and encouraged capitalism, construction of freeways, cars and engines, all of these resulted from industrialization. â€Å"It is as if they really still existed/ and they do/Only the landscape is changed,† (lines 20-22) the capitalization of ‘only’ reinforces Ferlighetti’s claim that industrialization is war like. The most and only significant change is that of the background, the appearance of billboards and cars. â€Å"They are still ranged along the roads/plagued by legionnaires/false windmills and demented roosters,† (lines 23-25) Ferlinghetti’s word choice is original; he continues to fuse the concept of war with industry in the line â€Å"plagued by legionnaires† (line 24). legionnaires alludes to a legion in the army and thus to war, taking us back to the notion of destruction, on the other hand the use of the term to describe a disease is powerful. Legionnaire’s disease is known to be transferred by bacteria that thrive in pipes, water tanks and air conditioning systems, which have all been created with the help of industrialization. By using this term which associates two different meanings, Ferlinghetti skillfully inserts the idea that humanity’s largest enemy is the plague of industrialization. Ferlinghetti insists on portraying the change in the landscape as a disease, as a war in which humanity already lost. Ferlinghetti continues to fight against â€Å"bland billboards† (line 30) that are â€Å"ranged along the roads,† (line 23) and destroy the natural landscape. The landscape is plagued by â€Å"false windmills and demented roosters† (line 25) which represent capitalism at its best. Ferlinghetti’ choice of word is political, the windmills allude to ‘Don Quixote’ and the false giants he fights, and similarly Ferlinghetti fights the giant billboards, the giant corporations which stand behind them. The â€Å"demented roosters† (line 25) that plague Ferlinghetti’s landscapes are those who benefit the most of industrialized society, he alludes to the giants, businesses and corporations which subsidize industrialization. Ferlinghetti mocks their arrogance and claims them to be unreasonable, manic; they symbolize the destruction on anything that is normal and natural. Ferlinghetti sees humanity as â€Å"the same people,† (line 26) but nowadays they are distant from nature, they are â€Å"further from home† (line 27). Ferlinghetti inserts another hyperbole, he portrays all of humanity as grown apart from nature, they are on â€Å"freeways fifty lanes wide/on a concrete continent† (line 28-29). The exaggeration of a highway with fifty lanes  alongside with America as all made of concrete, reinforce his concept of a destroyed landscape. Concrete America is â€Å"spaced with bland billboards/ illustrating imbecile illusions of happiness,† (line 30-31) it is false and pointless, it became a place of untruthful imitations of pleasure. Another interpretation to these lines is available, the term â€Å"spaced† (line 30) may allude to American society as being ‘high’ on innovation, as consuming it like addicts, experiencing drug induced euphoria. The new concrete â€Å"scene,† (line 32) that once was Ferlinghetti’s natural landscape, reveals that there are less â€Å"tumbrils,† old fashioned cars, and â€Å"more strung out citizens,† (line33) addicts, who consume America. Ferlighetti’s political agenda is evident in these lines, the words to protest capitalism and industrialized America are cleverly chosen. The final hyperbole of â€Å"†¦engines/that devour America† (line36-37) displays Ferlinghetti’s perception of industrialization as equal to war, capitalism has won the battle, it took over the landscape and all of humanity. They are now captives of progress, America is threaded with highways, addicted to innovation that brings spiritual desolation and only illusions of pleasure. The poem approves Ferlighetti’s â€Å"beat† character, it dismisses known conventions, experiments with language, explicitly depicting human condition and criticizes industrialization. Ferlinghetti fuses two periods and two forms of art, painting and poetry in order to connect the notion of destruction to industrialization, making the issues in the poem more than relevant even today. The reference to art, the alliteration and hyperbole all transport Ferlighetti’s personal pain and suffering of the loss of natural landscape to false portrayals of happiness that will bring about America’s destruction. Ferlinghetti as well as Goya illustrated chaos and destruction, the appearance of the poem seems to be structured, like a landscape that lost any natural traits and all that is left is the chaos after the war. Ferlighetti’s acquaintance with art and his insertion of particular images to the language in this poem is no less than brilliant, his message is as vivid, emotional and strong as a painting created by Goya.

The Concept of Film Noir

One of the most praised and seen movie genres, â€Å"Film noir† is considered as a remarkable and classic movie form by the audience. Film noir is that movie form in which dark and criminal events are showed to the audiences.Advertising We will write a custom essay sample on The Concept of Film Noir specifically for you for only $16.05 $11/page Learn More This form serves as a revolutionary genre in Hollywood movies as it played a vital role in changing the tradition of sunny, optimistic and commercial movies after World War II. The term â€Å"Film Noir† was coined by the French critics in order to criticize and evaluate those movies which are dark, pessimistic, negative, and serious i.e. different from the usual commercialized cinema. There are some of the apparent characteristics of film genre. In particular, film noir has some of its distinctive features as well. In this paper, we shall discuss two silent features of film noir namely sty le and narrative structure. We shall elaborate such features through the analysis of movie LA Confidential that is categorized in film noir genre. This was authenticated by Foster Hirsch who is known for his brilliant work as an analyst who used to analyze the most original genre of American cinema ‘Film Noir’ in his classic way. He evaluated that: â€Å"Noir deals with criminal activity, from a variety of perspectives, in a general mood of dislocation and bleakness which earned the style its name. Unified by a dominant tone and sensibility, the noir canon constitutes a distinct style of film-making; but it also conforms to gender requirements since it operates within a set of narrative and visual conventions†¦. Noir tells its stories in a particular way, and in a particular visual style. The repeated use of narrative and visual structures†¦.certainly qualifies noir as a genre, one that is in fact as heavily coded as the western† (Conard Porfirio, 200 7, pp. 9-10). The inventers and those who supported the genre and write many movies on this were strongly opposed by the government in the post war period as there were lots of reasons behind this. Cain, the writer of Double Indemnity was terribly criticized by the Production Code Administration (PCA) which was against the depiction of lawlessness and acts of demoralization to the audiences. So, in this way the genre of Film Noir was greatly opposed as it was injecting a negative thought in people that one can do anything for the sake of self indulgence and material satisfaction (Staudler, 2005).Advertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More The most prominent feature of film noir genre is its style that is influenced by social change in American society in post war era. The stylistic feature portrays doomed heroes, manipulating people, personal and political agendas of characters. Moreover, t he stylistic feature projects dark light sets which create long and wide shadows, disturbed and uncomfortable atmosphere and are usually dragged. Other than this a prominent quality of this genre is the development of negative behaviors in heroes or ant-heroes usually generated by Femme Fatale which is the depiction of Women in Film Noirs in a way which has never seen by the audience previously. This kind of women is different, thrilling and serve as an illicit desire for Men. Conclusively, these features of Style in Film Noir can be precisely considered as the salient feature used in the story projection of this genre. Stylistic feature is greatly visible in various Film Noirs in the past. One of the most notable examples include â€Å"L.A. Confidential† (1997) directed by Curtis Hanson show these features in order to present the original idea of Film Noir. L.A. Confidential shows the evil and personal desires of different people related to different backgrounds. It bears th e characters of a typical film noir which includes criminal activities and lethal women engagements within criminal groups. The city shown in the movie serves as the combating zone of human insights. The story is about some cops, their crimes and the guilt which they are carrying in their hearts. The style of the film is like a typical film noir i.e. dull and slow but interesting. The cinematographers have done every possible effort in order to bring originality in the movie. The movie atmosphere is dim with fewer colors and the characters have usually awkward gestures and style of clothing. (Arthur, 2008). Another feature of film noir is the narrative structure which means a lot to a film noir genre. The characterizations are done in such a way that the people who play those characters become the source of story narration. The narrative structures are different in different movies. Sometimes the screenplay’s voice-over adds a special essence in storytelling which also acts a s a source of putting intensity and quality to the movie. Also, sometimes the film’s voice-over addresses are done by a specific person who narrates the story throughout the film. This narration is spoken in a deadpan way by which the story seems more interesting to the audience (Staudler, 2005).Advertising We will write a custom essay sample on The Concept of Film Noir specifically for you for only $16.05 $11/page Learn More The narrative style used in L.A. Confidential is descriptive and mind captivating. For example, the entry of Ed Exley, an ambitious and concerned cop in a crime scene shows the descriptive narrative structure when the camera focuses on each and every details of the entire grimy objects from ashtrays to the torn register. Means, the cinematographers have paid attention to every character and even to the minor things which are although not related to the main story theme but they do play an important part in the narration of s tory. This means that narration in L.A. Confidential is done usually through the visuals of a scene. By giving importance to the minor things the director has tried to give the whole explanation which is commendable. Another style of narration used in other film noirs is the narration through any of the character. For example in Double Indemnity the voice-over of the story is not the camera but a character from the film. An insurance investigator, Barton Keyes, narrates the whole plot of the story throughout the film (Staudler, 2005). L.A. Confidential although depicts the confused moods of fifties but it also updates its theme by showing all possible contemporary cultural obsession. It presents government, law enforcement and organized crime as the three interlinked forms. According to the creator of the story these three forms are interconnected with each other and each has common goals and brutal business tactics. They can do anything to victimize the city’s underclass (Ar thur, 2008). The movie L.A. Confidential has all the features of a film noir and presents briefly a clear idea about the style and narrative structure used in the film. The story is quite different from the usual film noirs but it has many variations which and mind captivating characteristics which attract the audience. L.A. confidential has provided information about this genre to the audience by showing them the original features. The new thing in this movie was the depiction of a brief account of crimes by the government officials not the common people. Other than this, the movie makers like the other film noirs have again incorporated their suggestions about the evil desires of human and their devilish plots in this movie which clarifies the fact that man can descend to any level in order to achieve his goals (Arthur, 2008). Although this genre of film making was opposed to a high extent but originally it is a way of depicting real life incidents. The stories and characters are made on the basis of real life happenings. Writer Cain (Double Indemnity) has also taken example from his own life and clarified that although this genre seems controversial and is something which is showing things which can have a demoralizing impact on people but in actual these are the hard realities of life which the Hollywood movies are trying to show to the people.Advertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More References Arthur, P. (2008). L.A. Confidential. New York: Cineaste Publishers. Conard, M., Porfirio, R. (2007). The Philosophy of Film Noir. Kentucky: University Press of Kentucky. Staudler, G. (2005). Doble Indemnity, Hard-Boil Film Noir. New York, London.: W.W.NortonCompany. This essay on The Concept of Film Noir was written and submitted by user Jamal Z. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Searching For a Good Fieldwork Essay Sample

Searching For a Good Fieldwork Essay SampleA fieldwork essay sample can be a tremendous asset to any college student who plans to pursue a degree in biology. Such a course, especially one that covers DNA and genomics, requires an incredibly meticulous and detailed writing style.For example, a major focus of a course in biology that requires reading and writing skills at a general high school level can be explained in the following paragraph:First, we should cover some general high school level information about what it is we are going to cover in this class. Second, we should examine the basic organs of the body and their functions, and the different types of cells they comprise. Third, we should discuss the various tissues and their uses. Fourth, we should also discuss the interaction between these systems and how each affects the other.The basic interplay between cells and their components is very important for everyone. Cell interactions are involved in every stage of human life a nd the process of obtaining information about the interaction between cell and their environment can be critical to our understanding of human biology. It may seem difficult to research the complexities of human cells and tissues when we consider the fact that we have been able to describe them since the mid-19th century. However, the scientific advances that have taken place in the last two hundred years have opened up whole new vistas of knowledge.Now, if you are seeking a good course in biology, whether in high school or in graduate school, it is vitally important that you consider taking a fieldwork essay sample that you can read from beginning to end, using your new language skills to make sure that you understand everything that you are learning. If you do not have the time to devote to reading a large volume of literature or even a small fieldwork project, you should still think about seeking one out. And, luckily, there are quite a few different types of fieldwork essays. He re is a quick rundown of the most common ones.The first type of essay I mentioned above is for people who are going to be doing their fieldwork in a lab. For this type of essay, you would generally find a fairly simple piece of literature that has an introduction ('Chapter One' on your first day of work) followed by a series of descriptions of how you will use your notebook and other equipment, as well as the lab structure itself, and finally a conclusion. Because you will be documenting everything, this is an excellent place to find a writing sample.Another common type of fieldwork sample is an essay that is used for a team project. In this situation, you and your team will be working on a larger project, one that will run from beginning to end. This may require you to go to a specific destination, or perhaps even to some sort of prearranged meeting point. Having an essay that you can read that summarizes your task and location is crucial. Again, you may want to go back to a previo us school year or even previous fieldwork projects to look for a good writing sample.Fieldwork essay samples are valuable tools for any student planning to take a course in biology. By taking the time to seek out one, you will be able to get the reading and writing skills necessary to take on an incredibly demanding course.

Offer and acceptance of advance repudiation The WritePass Journal

Offer and acceptance of advance repudiation Introduction Offer and acceptance of advance repudiation Introduction1. The lapse of time:2.   Accepting the breach:Affirming the contractCharactersistics:Requirements:1. Legitimate interest:2. No cooperation:Risk to the non-breaching party following the decision to affirm after the other party’s anticipatory repudiation:ReferencesRelated Introduction Repudiation in the present sense occurs where a party indicates, either expressly or impliedly, by words or conduct that he does not intend to honor his obligations when they fall due in the future.(Richards, 2004) and (Furmston, 2006) p.688 It must be observed that, even if the party wrongfully repudiates all further liability, the contract will not automatically come to an end. Sinceits termination is the converse of its creation, principle demands that it should not be recognized unless this is what both party intend. The familiar test of offer and acceptance serves to determine their common intention. Where A and B are parties to an executor contract and A indicates that he is no longer able or willing to perform his outstanding obligations, he in effect makes an offer that the contract shall be discharged.(Furmston, 2006) Therefore B is presented with an option. He may either refuse or accept the offer as in Denmark Productions Ltd v Boscobel Productions Ltd[1]. More precisely, he may either affirm the contract by treating it as still in force or on the other hand he may treat it as finally and conclusively discharged. The consequences vary according to the choice that he prefers.(Furmston, 2006). Once the innocent party has elected to affirm or for that matter to treat the contract as discharged, he cannot retract his election. In Panchaud Frà ¨res SA v Établissements General Grain Co.[2] it was held that affirmation is really a species of waiver that results in an innocent party being stopped form alternating his election.(Richards, 2004) 1. The lapse of time: The injured party does have time to decide whether to affirm or terminate the contract but doing nothing for too long may be seen as affirmation as in the case StoczniaGdanska SA v Latvian Shipping[3]. (Koffman and Macdonald, 2004) The Court of Appeal recognized that there was a period prior to the election when the non-breaching party was making up its mind whether to terminate or affirm. In this period the contract and the right to terminate were both kept alive. As Rix LJ noted, this period cannot extend indefinitely and inaction over a sufficiently lengthy period may be held to constitute affirmation. In addition, since the contract remains alive until the non-breaching party terminates, the non-breaching party will be subject to the same risks that affect the non-breaching party who formally affirms. (Poole, 2008) 2.   Accepting the breach: An anticipatory breach of contract entitles the innocent party to terminate performance of the contract immediately. The novel feature of anticipatory breach is that acceptance of the breach entitles the innocent party to claim damages at the date of acceptance of the breach. He does not have to wait until the date fixed for performance, even though this has the effect of accelerating the obligations of the party in breach. It does seem illogical to say that a party can be in breach of contract before the time fixed for performance under the contract(McKendrick, 2009). The innocent party may choose to immediately terminate the contract and sue for damages even though the date for actual performance has not passed. This choice arises, it is said, because the other party has repudiated the contract by her actions.(Atiyah and Smith, 2006) Where the innocent party does decide to terminate performance of the contract he must give notice to the party in breach that he is accepting the anticipatory breach (or otherwise overtly evidence his acceptance of the breach) and he must not inconsistently with his decision to accept the breach (McKendrick, 2009). The innocent party has the right to elect to accept the repudiation as discharging the contract with the result that all his future obligations under the contract come to an end, as do the obligations of the guilty party, though here his obligation to pay damages arises by operation of law, as stated in Moschi v Lep Air Services Ltd.[4](Richards, 2004) There are, of course, dangers in treating an action by the other party as repudiation if it turns out to be viewed otherwise by the court. The party purporting to accept a repudiatory breach may well take action (as was the case in Vitol v Norelf) which itself involves a breach may find the tables turned and that that party itself is now liable to damages for its own breach of the contract. In Federal Commerce and Navigation Co Ltd v Molena Alpha Inc, the Nan Fir[5] which concerned the operation of three time charter parties, the charters deduct various amounts from the hire which they paid to the owners. The owners objected and issued instructions to the masters of a vessel concerned to withdraw all authority to the charters on their agents to sign the bills of lading. This action was held to amount to a repudiatory breach which entitled the charter to terminate the charter parties. (Stone, 2009) The innocent party must act so as to make plain that he claims to treat the contract as at an end. There is no reason why the acceptance of an anticipatory repudiation should not take the form of words or conducts which make it plain that the innocent party is responding to the repudiation by treating a contract as at an end. Thus, a failure to perform contractual obligations is capable of amounting to an acceptance of an anticipatory repudiation of a contract: Vitol S.A v Norelf Ltd; The Santa Clara[6]. The non-breaching party can sue at once, need not wait and if he does, he can win even though at the time of action his right is contingent, leading case is Frost v Knight 1872. (Upex et al., 2003) The most striking feature of the doctrine of anticipatory breach is that the acceptance of the breach entitles the victim to claim damages at one, before the time fixed for performance. This rule was established in Hochster v De La Tour. (Peel, 2007) Hochster v De La Tour[7] made it clear that damage can be claimed immediately on the basis of an accepted anticipatory breach without any need to wait for the time of performance. A similar result was reached in Frost v Knight[8]. In that case the defendant was promised the plaintiff that he would marry her when his father die. Subsequently the defendant broke off his engagement to the plaintiff. She took action while the defendant’s father was still alive and was successful in her claim. (Koffman and Macdonald, 2004) A leading case upon this subject is Hochster v De La Tour. The right to claim damages immediately exists even when the performance is not absolute as in Hochster v De La Tour but contingent as in Frost v Knight. In that case, performance was contingent upon an event which might not happen within the lifetime of the party.(Beatson, 2002) If the non-breaching party has terminated following the renunciation, it is clear that he can claim for damages from that time and does not need to wait until the date fixed for performance under the contract (Hochster v De La Tour). However, the non-breaching party would be under a duty to mitigate its loss as from the date of termination. In Reichman v Beveridge[9], a landlord and tenant case, the tenant argued that having left the premises three years into a five-year lease, there was a duty placed on the landlord to mitigate in a claim for rent arrears following the abandonment, e.g., by finding a replacement tenant, marketing the premises and not rejecting offers from prospective tenants. However, the Court of Appeal accepted that there was no such duty to mitigate in an action in debt (i.e., the action for arrears of rent).(Poole, 2008) Awarding damages for breach before performance is due may seem objectionable because where the interval between termination and the time of performance is long; an immediate damages award accelerates the defendant’s obligations and increases the potential for errors in quantifying damages since that conventionally rests on the market value of the lost performance at the time of performance. However, the rule can be justified for encouraging the speedy resolution of broken-down contracts and minimizing the claimant’s losses. It gives the claimant the incentive to terminate the contract immediately and move on, rather than keeping himself ready to perform (which is likely to increase his loss) a contract which will inevitably be breached come the time of performance.(Chen-Wishart, 2007) Affirming the contract Charactersistics: The non-breaching party can choose not to accept the repudiation, say by communicating that she is still expecting performance from the other party, then the contract remains in operation. In this case the innocent party can terminate or sue for damages if and when the breach actually happens, but in the meantime must remain ready to perform as required by the contract. This principle that the innocent party must remain able and willing to perform if he keeps the contract alive is, however, qualified by another principle, to the effect that if the guilty party continues to make it quite clear that he will not perform, the the innocent party can eventually abandon his attempts to perform. This can either be seen as an ultimate acceptance by conduct of the repudiation, after its initial rejection, or as an act of induced reliance by the innocent party, which stops the guilty party from complaining about the former’s inability to perform. (Atiyah and Smith, 2006) On the basis that the breach is repudiatory, the usual election will apply so that the non-breaching party will have the option of accepting the breach as terminating the contract, or affirming and awaiting performance on the contractual date set for that performance to begin (Fercometal SARL v Mediterranean Shipping Co. SA[10]).(Poole, 2008) In White Carter (Councils) Ltd v McGregor[11], the House of Lords (by a majority of 3:2) held that they were entitled to recover the contract price. There was no requirement that they minimize (or mitigate) their loss by finding an alternative business or product to advertise on the litterbins.(Poole, 2008) One of the reasons for the strict approach to identification of affirmation as requiring clear and unequivocal evidence of an intention to continue with the contract, is frequently stated to be that the election is irrevocable, i.e., having affirmed, the non-breaching party cannot change its mind in the period between affirmation and the contractual date for performance (although following non-performance on the contractual date there would be a new opportunity to elect to terminate or affirm for that actual repudiatory breach. As stated by Lord Ackner in Fercometal v Mediterranean Shipping: ‘there is no third choice to affirm the contract and yet be absolved from tendering further performance unless and until the breaching party gives reasonable notice that he is one again able and willing to perform’.(Poole, 2008) It has long been recognized that where the breach is continuing one (i.e., it continues after affirmation) and is repudiatory, the fact of the earlier affirmation will not prevent the non-breaching party form choosing to terminate in the period prior to that date set for contractual performance. This was recognized by Thomas J (obiter) in Stocznia Gdanska SA v Latvian Shipping Co[12].(Poole, 2008) If the injured party chooses not to accept the repudiation, then there is no breach at that point and no duty to mitigate. If the injured party can sue for the debt, he will not be concerned with the rules restricting recovery of damages, including the duty to mitigate. This can lead to the injured party claiming payment for an ‘unwanted and wasted’ performance, which contractors awkwardly with the mitigation rule’s limitation on recovery. The point arises from decision in White and Carter (Council) (Koffman and Macdonald, 2004). Where the innocent party does decide to affirm the contract and demand performance at the stipulated time, a number of consequences flow from this decision. The first is that affirmation does not prevent the innocent party accepting the breach if, at the date fixed for performance, the other party still refuses to perform. The second is that the innocent party, in addition to affirming the contract, may continue with the performance of his obligations under the contract, even though he knows that the performance is not wanted by that other party. This is what happened in the controversial case of White and Catter (McKendrick, 2009). Requirements: The principle laid down in White and Carter is, in fact, the subject of a number of qualifications. The first is that the innocent party cannot compel the party in breach to cooperate with him so that, where the innocent party cannot continue with performance without the cooperation of the party in breach, he will be compelled to accept the breach (Hounslow LBSC V Twickenham Ltd). The second qualification is derived from the speech of Lord Reid in White and Carter when he said that: ‘it may well be that, if it can be shown that a person has no legitimate interest, financial or otherwise, in performing the contract rather than claiming damages, he ought not to be allowed to saddle the other party with an additional burden with no benefit to himself.’ (McKendrick, 2009) 1. Legitimate interest: In view of the objections to wastage inherent in the White Carter principle, subsequent courts have seized upon statements by Lord Reid in order to limit the potential scope of the principle (indeed, Megarry J in Hounslow v Twickenham[13]).(Poole, 2008) Lord Reid said that the general power to affirm the contract could not be exercised by a person who had no ‘legitimate interest, financial or otherwise, in performing the contract rather than claiming damages’. However, it would be sufficient that it was merely ‘unreasonable’ to affirm; something more than this would be required.(Poole, 2008) Thus, the guilty party can avoid the operation of the principle in White Carter v McGregor by establishing that the non-breaching party has no legitimate interest in continuing performance.(Poole, 2008) Lord Reid’s statement was adopted and applied in Clea Shipping Corp. v Bulk Oil International Ltd, The Alaskan Trader[14]. The principle is clearly aimed at preventing very obvious wastage when the other party does not require performance. (Poole, 2008) 2. No cooperation: The second limitation requires that the affirming party must be able to continue with their own performance of the contract without the cooperation of the breaching party in order to be able to claim the contract price (otherwise the affirming party will be limited to a remedy in damages).(Poole, 2008) Cooperation in this context includes both active and passive cooperation of the renouncing party (e.g., Hounslow London Borough Council v Twickenham Garden Developments Ltd[15]: following renunciation by the local authority employers, contractors had no right to insist on continuing to perform the contract because the work was being done on local authority property and they were unable to gain access to the site without the local authority’s permission).(Poole, 2008) However, the restriction in White Carter that a claimant will be limited to a remedy in damages where he is unable to perform without the cooperation of the contract-breaker, applies only where the performance which has been prevented by the breach was a pre-condition to the payment obligation, i.e. the performance obligation was entire (in caseMinistry of Sound (Ireland) Ltd v World Online Ltd[16]) (Poole, 2008) Risk to the non-breaching party following the decision to affirm after the other party’s anticipatory repudiation: On the other hand, a decision to affirm the contract may work to the disadvantage of the innocent party. The first disadvantage is that an innocent party who affirms the contract may lose his right to sue for damages completely if the contract is frustrated between the date of the unaccepted anticipatory breach and the date fixed for performance (Avery v Bowden). Secondly, an innocent party who affirms the contract but subsequently breaches the contract himself cannot argue that the unaccepted anticipatory breach excused him from his obligation to perform under the contract. Where the breach is not accepted the parties remain subject to their obligation under the contract, so that the ‘innocent party’ may find himself liable to pay damages for breach of contract if he fails to accept the breach and subsequently breaches the contract himself (The Simona).(McKendrick, 2009) Following affirmation, the non-breaching party is exposed to a number of risks in the period between affirmation and remedies following the earlier renunciation. The existence of these risks lends support to the position adopted by the Court of Appeal in Stocznia since, if the non-breaching party does have to accept these risks, it is arguable that in this period the ability to terminate should continue to exist where the renunciation is continuing.(Poole, 2008) The risks placed on the affirming party in the period between affirmation and the date for performance are not insignificant. For example: 1.If the non breaching party is itself in breach of contract, that party cannot argue, at least not unless estoppels operates, that the initial renunciation by the other party operates as an excuse for its own subsequent breach as in Ferometal SARL v Mediterranean Shipping Co, SA, The Simona[1]. Once the contract was treated as being still in force, it was ‘kept alive for the benefit of both parties’, and the party affirming could not both keep it alive and seek to justify his own non-performance by reference to the earlier repudiation.(Poole, 2008) In a situation where there has been an anticipatory breach of contract the innocent party elects to affirm the contract, he is still required to perform his own obligations under the contract but faces the danger that, should he subsequently become guilty of a breach of contract, the other party may escape liability. This point was discussed in Ferometal SARL v Mediterranean Shipping Co, SA, The Simona.(Richards, 2004). 2.Similarly, if the contract is frustrated in the period between the affirmation and the due date for performance, the frustration will discharge the contract and the non-breaching party will lose the remedy of damages for the breach as in Avery v Bowden[2], the outbreak of Crimean War, thus depriving the ship-owners of a remedy they might have had for the failure to provide a cargo, hat that repudiation been accepted as terminating the contract.(Poole, 2008) A further danger with affirmation lies in the possibility that a frustrating event may occur after the innocent party has affirmed the contract. Where an innocent party has decided to affirm a contract and there is a breach when the date of performance on the contract arrives. References Atiyah, P. S. Smith, S. A. (2006), Introduction to the law of contract, 6th ed, Oxford: Oxford university press. Beatson, J. (2002), Law of contract, 28th ed, Oxford: Oxford University Press. Chen-Wishart, M. (2007), Contract law, 2nd ed, Oxford: Oxford University Press. Furmston, M. (2006), Cheshire, Fifoot and Furmstons law of contract, 15th ed, Oxford: Oxford University Press. Koffman, L. Macdonald, E. (2004), The law of contract, 5th ed, London: Tolley. Mckendrick, E. (2009), Contract law, 8th ed, Basingstoke: Palgrave Macmillan. Peel, E. (2007), Treitel, The law of contract, 12th ed, London: Sweet Maxwell. Poole, J. (2008), Textbook on contract law, 9th ed, Oxford: Oxford University. Richards, P. (2004), Law of contract, 6th ed, Harlow: Pearson Longman. Stone, R. (2009), The modern law of contract, 8th ed, London: Routledge-Cavendish. Upex, R., Bennet, G. Chuah, J. (2003), Davies on contract, 9th ed, London: Sweet Maxwell.

Analysis Of Barn Burning By William Faulkner Essay -- William Faulkner,

Faulkner shows the feelings of Sartoris by vividly describing the setting. The second to last paragraph starts off by saying, â€Å"At midnight he was sitting on the crest of the hill† (169). By providing the time of â€Å"midnight,† it shows a new chapter for Sartoris. The time of midnight represents a new day, and for the main character, a new day is symbolic of a new beginning. Also, Sartoris is described as â€Å"sitting on the crest.† A crest is a high point. The use of this word means two things: going up the hill is over and going down hill is beginning. Symbolically, going uphill was escaping his past. It was difficult for Sartoris to have to deal with the history he had with his family. Faulkner showing that Sartoris’s next step of going downhill is a foreshadowing that his life is going to be easier than before. Close to the bottom of the last paragraph, Faulkner says, â€Å"he went down the hill, towards the dark woods within which ... ... middle of paper ... ...d now. The last line states, â€Å"he did not look back† (169). Faulkner using this quote as the last sentence shows Sartoris’s determination to progress without reverting back to his past. Faulkner’s writing is very symbolic. Sartoris’s physical feelings also describe his mental and emotional states. Sartoris lived the first part of his childhood in fear of his father. In the final two paragraphs, Faulkner is presenting the moment Sartoris breaks away from being consumed by his father’s shadow and the fear of his father. Faulkner’s description of the setting is symbolic of how Sartoris feels about earning his freedom. Sartoris’s feelings about his freedom and brighter future are expressed through the shift from a dark tone to a hopeful one. The symbolism of Sartoris’s physical actions is a way Faulkner shows how Sartoris was feeling emotional upon obtaining his freedom.

Little Red Riding Hood Assignment Example | Topics and Well Written Essays - 500 words

Little Red Riding Hood - Assignment Example In the modern version, the girl finds herself in the woodland after sneaking from her grandmother’s cottage to taste strange fruits and wild berries. The girl in the traditional version of the story appears to experience anxiety after meeting the wolf, but sojourns on to reveal her identity and whereabouts of her grandmother, an action that later costs her dearly while in the modern version, the girl spots the wolf, instantaneously falls in love with him and runs to catch it just to spend jiffies together. Whereas in the traditional version it is the girl who admires the beauty of the imposed grandmother, in the other version it is the wolf that admires the physique of the girl. Unlike in the traditional version, the modern tale allows the grandmother and the girl to live after meeting the wolf; the girl enjoys life with the wolf, giving birth to Leroi, the first Loup. Noteworthy, a clear analysis and interpretation of the two stories indicate that the stories are the same. The main character remains the same. The aforementioned differences arise due to changes in time, culture and geographical location of the writers. The events have been slightly altered to suit or portray the differences in cultures, landscape, and time and the need to make it easy and relaxing for the audience to relate it to their real experiences. The second version seems to have been developed from the first version. Apparently, I used context, flow of events, and themes to establish the level of difference and sameness in the two versions of the story. The context of the story remains same; an untarnished consideration of the stories designate that the forest and village are an imperative setting. I further considered how the story unveils, for instance, how the girl meets the wolf and how the end is designed. Additionally, I considered the themes of disclosure of identity and the girl’s growth to adulthood. Therefore, using

Human genetic engineering Research Paper Example | Topics and Well Written Essays - 2000 words - 1

Human genetic engineering - Research Paper Example s of an organism and can either be positive or negative where negative brings a subject up to par while positive modifies genetic material to bring it beyond normal limitations (171-175). However, it is important to note that amid arguments and hot debate regarding genetic engineering, it is ethical to use technology in particular cases including altering cells and DNA to minimize disease effects and combating other genetic disorders. This article provides argument regarding human genetic engineering. Biotechnology is the utilization of science and biology technology to alter the living or non-living materials for the production of knowledge, goods, services that are innovative and can improve people’s lives (Evans 44-48). It is a technology that uses living organisms to make superior products that meets life’s greatest needs in a careful and regulated way and serving the needs of scientists. It is worth noting that biotechnology has been in existence for quite a long time including preservation of dairy products and beer fermentation and forms a huge part of the daily life but it has now been to humans. According to Evans, biotechnology plays a major role in meeting human’s daily needs through resource efficiency, food security as well as modification of human genes (44-48). Various things including increase in yields characterize biotechnology as well as offering built in protection against insect damage, prevention of soil erosion, and eventually reduce po verty by increasing food security for a growing population (Gyngell 495-503). However, biotechnology has had serious effects on both human and enhanced climatic changes. Genetically modified humans and organisms are technologically altered through the process of modern biotechnology or gene technology. They are developed because they are perceived to super human who are capable of performing many things that cannot be performed by ordinary persons (Evans 52-59). It is important to note that human