Creativity, Innovation and Entrepreneurship Essay

Creativity, Innovation and Entrepreneurship - Essay Example The work at hand provides the detailed discussion showing the point that P&G together with its concerned brand Olay is on the right path towards the idea of initiating entrepreneurship through its innovative strategy. To understand this further, the proponent subdivided this article into two general parts, the brief idea linked to innovation and competitive advantage, and the five elemental requirements for successful innovation as the basis of P&G together with its brand Olay for doing entrepreneurship from the standpoint of innovation. Innovation and competitive advantage Innovation is a fundamental component in entrepreneurship that leads us to understand what are the necessary actions that a company or organisation should perform in order to make a difference and obtain competitive advantage. From the past, the market for Olay started to decline and people began to call it as â€Å"Oil for old lady.† This is something bad for the image of the brand and it will further lead to the decline of its sales. For this matter, Olay started to expand to diversified product lines, which is part of strategic renewal and even expand internationally, a remarkable point of corporate venturing. The onset of technology and scientific advancement brings forward the opportunity for Olay to formulate further highly innovative anti-aging skin care products. However, financial constraints led the brand once again to a constant declining market share. It is likely that Olay aims at present to increase its market share and doing so requires innovation and productivity enhancement. These according to them will help them lure their customers back to their brands. At this point in time, we can say that Olay is under the strong powerful force of influence of what entrepreneurship is all about. Generally, the brand underwent creative strategic renewal, innovation and corporate venturing. However, at present it is remarkable that the timeliest activity is for the brand to go for innovation and lure the customers back to its highly diversified offerings with a significant promise of anti-ageing treatments for skin for more fast and visible results. Clearly, there is a strong inclusion of the need for Olay to go for high market acceptance because of its declining sales in the midst of challenging and tough financial times. The ultimate solution would be to go for innovation, which is the primary move of consideration of MacDonald, the latest CEO. Here where diversification of brands that will meet the needs of the customers sets in. This primarily would involve the point of the inclusion of obtaining competitive advantage. Competitive advantage is a remarkable point of every organisation or entrepreneur aiming to be at the cutting edge of the competition, standing far above the other competitors in a specific market niche or segment. At some point, it is implied that Olay aims to be the leading brand in anti-ageing market for skin care. Without question, this eventually would lead to obtaining competitive advantage, in order to achieve the brand that is far a cut above the other. A primary reason why there is a need to innovate product or service offering is to obtain competitive advantage (Robinson, 2009; Hasell et al., 2003; Lowe & Marriott, 2012). In today’

Contracts and Negligence Assignment Essay Example for Free

Contracts and Negligence Assignment Essay Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract occurs where just one person makes a promise open and available to anyone who performs the required action. For example: â€Å"collecting the reward such as  £100 for a lost document or pet† is unilateral contract. Figure 2 Source: http://www.images.123.tw/unilateral-contract/ The above shows only one side promises Contract can also be oral or written. Furthermore in order for a contract to be valid the offer and acceptance criteria must be met. The lawfully acceptable method for a contract to be binding is illustrated in the diagram below. This is known as Formation of Contract. Figure 3 Source: (www.laws1008.wikispaces.com) A Contract comprises of six important elements before it becomes valid and these are; Offer, Acceptance, Consideration, Intention to create Legal relation, Certainty and Capacity. If a single one of elements mentioned above is missing, the agreed contract will become illegal. The main elements are explained below: Offer: This is the first element in a valid contract. According to Peel (2010) an offer is â€Å"an expression of willingness to contract on specified terms, made with the intention that it becomes binding once it is accepted by the person to whom it is addressed†. An offer must be communicated and should be explicit. The person putting up the offer is referred to as offeror whilst the individual who receives the bid (offer) is referred to as the offeree. However, an offer must be distinguished from invitation to treat. There are two cases to be considered here. One case is Gibson v Manchester City Council (1979) Mr Gibson was sent a letter that informed him the council ‘may be prepared to sell the property to him for  £2,180 freehold†. The City Treasurer stated in his letter that â€Å"This letter should not be regarded as firm offer of a mortgage†. Included in the letter was the instruction on how to complete and return the enclosed application form to make a f ormal request to purchase the property. Mr Gibson did as he was requested but  because of unanticipated change in political leadership of the council, the proposed action to sell houses to tenants was changed and Mr Gibson was notified accordingly that it would no longer be possible for him to buy the house. Initially the Court of Appeal affirmed there was a binding contract between the the council and Mr Gibson but the verdict got over ruled on appeal to the House of Lords. The outcome of the judgement states that the first note forwarded by the Council was not an offer to sell rather it is an invitation to treat and further stated Mr Gibson did not accept an offer instead made one when he sent his completed requisitioned form. However, in an identical case of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was forwarded an ‘Agreement for Sale of a Council House’ form which he signed and posted it back to the Council. The council received his reply before the political reform affecting the sales of house to council tenants transpired. The Council contended that the ‘Sale of Agreement Form to sell the Council House’ was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences between these two similar cases. In the case of Mr Gibson no ‘Agreement for Sale’ was prepared and Mr Gibson did not sign. Whereas for Mr Storer’s case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered Institute of Taxation as â€Å"any words or actions signifying the offeree’s consent to the terms proposed by the offeror†. Acceptance must be final and unqualified. Acceptance should be conveyed to th e offeree. The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of cash on deposit with a bank and say they would pay anyone who contacted influenza while using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with  £100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was sued by her for damages and her case was successful. Consideration: â€Å"means something of value is given by one party to the order: ‘it is the price of  the promise’ (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges Co. Ltd. (1915) Consideration is â€Å"an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable†. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not provide any consideration for the promise made by Selfridge. It is important to highlight that ‘past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration include: Executed (present) this is when an act is completed. An example is a Unilateral contract Executory this is when promises have been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration. In addition there are certain requirements for consideration to be valid and these are: It must not be past. However, there are exceptions such as:  (a) Previous request where the promisor has previously asked the other to provide services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it will be paid for. Casey’s Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says â€Å"provided that previous debt is valid for a bill of exchange†. It has to be forbearance to sue that is, if an individual has valid claim against another person but promises to forebear the enforcement. Combe v Combe (1951) Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842); Chappel v Nestle (1960). Cannot consist sol ely on sentiment value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing duty that is, person carrying out duties that under general rules, they are required to do will not provide consideration. Traditional authority for rule: Collins v Godefroy (1831).  Carrying out additional duties: Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual Duty this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317; Hartley v Ponsonby (1857); William v Roffey – if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnel’s Case. Foakes v Beer (1884) Intention to create legal relations: Parties to the agreement must intend to go into a legally binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be void. Intention to create legal relations could be: Commercial or business relations. Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friend’s relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity: All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who have limitations such as mental health issue, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered necessary but in the case of Nash v Inman (1908). Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable and be responsible for his action. Privy of Contract means that â€Å"a contract cannot under normal situation confer rights or impose responsibilities emerging from it on any person except those involved in it. It is also known as â€Å"Rights of the third party Act 1999†. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. Face to Face (Verbal or Oral): This is â€Å"an agreement based on spoken promises, however it may be difficult to prove and it legally binding and  both parties will understand what they have agreed to and bargained in good faith†. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a thief who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bullogh’s name with a cheque. The thief convinced the jeweller to part with the ring because his wife’s birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bullogh’s address details. As soon as the rogue left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action. The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract: This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from breach of contract. www.wisegeek.com On-line: This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000. Four contractual elements are contained in on-line contracts: offer, acceptance, consideration and intention. Contracts by Deed: â€Å"is a written document signed by the promisor and it must be clear be clear in the wording of the document that is intended to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is used in the civil law, to denote the space of time given to the debtor to discharge his obligation. Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either: conditions, or warranties or innominate terms. www.tutor2u.net An express term is one that  has been particularly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could be: Terms implied through custom, Hutton v Warren (1836) EWHC J61; In fact. The Moorcock (1889) 14 PD 64 At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187 There are two main types of implied term: (a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says â€Å"goods should be of ‘satisfactory quality’ meaning they should be up to standard a rational individual would consider â€Å"satisfactory† and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs – so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post ‘consequence of breach test ’. The judgement given will depend on the magnitude of the breach. Case of: Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim compensations. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for three months. She was ill five days before the opening night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the existence of the contract. If a warranty is breached the innocent party may claim damages but cannot end the contract. Bettini v Gye (1876) QBD 183.  Trader puff is an expression of exaggeration made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of trader puff: â€Å"this is in good shape† and â€Å"your wife will love this car† Representation Term â€Å"is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows: Innocent, fraudulent and negligent misrepresentations (e-law resources) Learning Outcome – 2: Mini-case A The case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was  £15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said â€Å"fairly quickly† with a third party involved â€Å"I have already had a good offer from my colleague† so the following is to be considered when giving the verdict: Term: Offer  £15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration – Time fairly quickly Third Party involved with better offer (Privity) Even though no clear straight form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and negligence in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall Pen asking for the sale of the property. (This was a distance offer as it was done through telegram). When Harvey asked â€Å"Will you sell us Bumper  Hall Pen?†. Facey responded â€Å"Lowest price for the Bumper Hall Pen  £900† to which Harvey responded â€Å"We agree to purchase Bumper Hall Pen for  £900 asked by you. Please forward your title deed so that we may get early possession†. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is â€Å"was that there was no clear offer† from Facey to sell the property to Harvey so the Privy Council ruled that â€Å"An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not† (www.casebriefsummary.com) Mini case B This is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to everyone so no need for acceptance in this instance. The offer here is the reward of  £10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David  £25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating â€Å"Pepsi points† if Pepsi was drank highlighting a young person arriving at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case C Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, â€Å"I’ll give you  £50 for your work†. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the ‘rule of consideration applies in this case’ because consideration can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contract  for his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case D The above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial loss incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case E The above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and Paul it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of â€Å"buying a car from their hundreds of cars†. All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement his money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case F The above is a clear case of tort negligence and breach duty of care. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Council’s notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jim’s car damaged by the Council van is a health is an implied term and safety issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In view of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CA Q. 3.1 Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning â€Å"twisted wrong† and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful death in action. The case was dismissed by the District court for lack of jurisdiction because Mrs Smith’s case was stopped by FTCA’s foreign country exception policy that states that the statute’s waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https://supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same harms. Inclusive of the types of injuries the injured party may recover are: loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as follows: Intentional torts: These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the defendant knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins [1987] Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to avoid a collision and braking. His was found guilty for driving without undue care and attention Negligent torts are the most common tort used to describe behaviour that constitute unreasonable risks to harm to a person or property or where the defendant’s actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendants haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist: Every wrongful act is not a tort. To constitute a tort, There must be an unjustified action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries. Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning :mens rea†. http://education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. She was  found guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of being concerned in the management of premises used for the smoking of cannabis. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding. Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or truly criminal offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma†. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of wrongdoing because the people who were in charge for renting properties are not likely to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract laws The above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below: Tort Law Contract Law No relationship with the claimant, could be total stranger Claimants could be known to each other and parties to the contract Consent not necessary liability is warranted by one individual against another Consenting parties are involved Tort is punitive Contracts is positive, creative situations Tort is used to claim compensation by the injured party Contract involves two or more parties In tort damages are imposed by court or negotiated In Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codified Contract law is codified Tort law safeguards right in rem available against everyone It protects rights in personam meaning against a particular person Damages are un-liquidated Damages are liquidated Source: http://www.acadmia.edu Q. 3.2 Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http://www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below: Duty of Care: is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid injury to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank gi nger beer bought by her friend containing a dead snail causing her harm . This case brought about the â€Å"neighbour principle test† and according to Lord Atkin â€Å"Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure one’s neighbour and this brought about the question ‘Who then in law is my neighbour?’ Neighbours are those individuals who will be closely and directly affected by one’s act† This case led to the Neighbour’s principle. Duty of care is therefore based on the relationship of different parties involved, negligent act or omission and the reasonable foreseeability of loss to that person http://.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pure  economic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the listed bullet points below also known as the tripartite contained in negligence must be met: The element must be reasonably be foreseeable There must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty: is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the baby’s retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury: This arises from â€Å"sudden assault on the nervous system (www.lawteacher.net) and until recently was uncertain in tort of negligence. For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinz’s car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was rejected by the Court of Appeal. Factual Causation: This is the process where it must be proved reasonably in the law that the defendants action led to damage. This in some cases, applying â€Å"but for† test in most cases resolve the disputed tort’s law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages. The case of Barnet v Chelsea Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse who  informed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the â€Å"but for† test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not. Damages: This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as: Special damages: caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. General damages: is a result of the other partys actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages: This is the combination of punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages: These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage Motor co (1915) AC 70 refers. Defences for  Negligence: This is where the defendant tries to introduce evidence that he did not cause the plaintiff’s damage or injury. (www.injury.findlaw.com) There are several defences obtainable to negligence claims such as: Violenti non fit injuria: This is a Latin phrase which means â€Å"for a willing person, there is no harm† and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of: Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had earlier complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence. His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence: This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) â€Å"Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such exte nt as the court thinks just and equitable having regard to the claimant’s share in the responsibility of the damage† so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage. For example if the claimant was entitled to  £20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded  £15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60  the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendant’s car as a result of the defendant’s negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were reduced by 20 per cent by the Court of Appeal. This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification: In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) : This is coined from Latin to mean â€Å"of an illegal act there can be no lawsuit† (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second floor window and got himself injured seriously. The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised ex ‘turpi causa’ that it was a criminal  offence for an arrested person to attempt to escape. The claimant’s appeal was dismissed. Consent: Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain. In addition Consent is very closely linked with â€Å"volenti non fit injuria†. Below are the types of Consent: Express Consent: Is when the defendant agreed to willingly submit to plaintiff’s action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent: is deduced from plaintiff’s conduct. (O’Brien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendant’s ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendant’s doctor indicated he wants to vaccinate her. Informed Consent: This is an individual’s agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers. (2) Consent will be void if it is given under duress or threats of physical force. (3) Consent will also be void if it was given as a result of a mistake and the mistake was (a) Caused by the defendant, or (b) The defendant was aware of the mistake and he did not alert the plaintiff. Necessity: It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendant’s property. Regina v Dudley Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3 Vicarious liability is â€Å"one which on one individual as a result of an action of another†. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the ‘tortfeasor’ commits a tort while in his employer’s employment, the employer is held liable and this due to the doctrine of ‘respondeat superior’ a Latin phrase meaning ‘let the master answer’ . For a court to establish if an employee acted whilst in employment the following must be confirmed if: Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flaming o’s Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer. His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employer’s instruction, or if the employee commits fraud and  acted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below: In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. London General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case th e driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter’s bus despite that the bus driver had been warned strictly not to cause obstruction. His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test: The control test was the original test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the cra ne. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor. Finally, the Employee’s criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiff’s telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employee’s act Health and Safety Act 1974: It is also referred to as HSWA or HASAWA is the main piece  of law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source: (http://www.hse.gov.uk/legislation/hswa.htm) The main purpose of this Act is to ensure: The security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers’ responsibilities include: To provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into air To provide a safe working environment To provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees’ responsibilities include: Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employers Source: (http://www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are: Management of Health and Safety at Work Regulations 1999 Fatal Accident Act 1976 Limitation Act 1980 Law Reform (Contributory Negligence) Act 1945 Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Defective Equipment) 1969 Civil Procedures Rules (as amended by the Woolf reforms) Sources: (www.leeds.ac.uk) In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence. Vicarious Liability. StudyMode.com. 02, 2013. Accessed 02, 2013. http://www.studymode.com/essays/Vicarious-Liability-1451515.html. Page Bibliography In Law, What is the Differences Between Tort and Contract [Online] Available at: http://www.wisegeek.com/in-law-what-is-the-difference-between-tort-and-contract.htm Accessed 28 October 2014 Law on Verbal Contract [Online] Available at: http://www.ehow.co.uk/about_5569485_laws-verbal-agreements.html Accessed on 01 November 2014 Misrepresentaion [Online] Available at: http://www.e-lawresources.co.uk/Misrepresentation.php Accessed 01 November 2014 LAW OF TORTS [Online] Available at https://www.academia.edu/7711371/LAW_OF_TORTS_Distinguish_Between_Law_of_Tort_Criminal_Law_and_Contract_Act Definition of Verbal Agreement [Online] Available at:www.ehow.com/info_7755018_definition-verbal-agreement.html [Online] Accessed 02 November 2014 Contract – Express Implied Terms – Tutor2u [Online]. Available at: http://www.tutor2u.net/law/notes/contract- express-implied-terms.html Accessed 02 November 2014 Breach of Duty [Online] Available at: http://e-lawresources.co.uk/Breach-of-duty.php Accessed on 04 November 2014 Vaughan v Menlove [Online] Available at: http://www.e-lawresources.co.uk/Vaughan-V-Menlove.php Accessed on 04 November 2014 Psychiatric Injury [Online] Available at: http://www.lawteacher.net/health-law/essays/psychiatric-injury.php Accessed on 06 November 2014 Cases –tort-negligence-duty of care [Online] Available

Einleitung :: essays research papers

Einleitung Unser Zeitalter ist das eigentliche Zeitalter der Kritik, der sich alles unterwerfen muss. Religion, durch ihre Heiligkeit und Gesetzgebung durch ihre Majestà ¤t, wollen sich gemeiniglich derselben entziehen. Aber alsdann erregen sie gerechten Verdacht wider sich und kà ¶nnen auf unverstellte Achtung nicht Einspruch machen, die die Vernunft nur demjenigen bewillt, was ihre freie und à ¶ffentliche Prà ¼fung hat halten mà ¼ssen.â€Å" (Hermes, S. 12). Diese Worte Kants fallen in eine Zeit in der die evangelisch-lutherische Kirche und der absolutistische Staat durch das Landeskirchentum ein enges Bà ¼ndnis geschlossen hatten und so nur schwer angreifbar waren. Das musste auch Gotthold Ephraim Lessing feststellen. Er wurde am 22.1. 1729 im Kamenz geboren und wuchs in der christlichen Tradition des và ¤terlichen evangelisch- lutherischen Pfarrhauses und der Fà ¼rstenschule St. Afra in Meißen auf. Obwohl er das vom Vater gewà ¼nschte Theologiestudium schon nach einem Jahr abbr ach, durchziehen theologische Fragen doch große Teile seines Werkes, was besonders im letzen Jahrzehnt seines Lebens sichtbar wurde: Er fà ¼hrte nicht nur erbitterte theologische Diskussionen, er verà ¶ffentlichte auch „Nathan den Weisenâ€Å", „Die Freimaurerâ€Å" und die Erziehung des Menschengeschlechtsâ€Å". Auf eben erwà ¤hnte theologische Diskussion, auch Fragmentenstreit gennant, bei der Lessing die Macht der anfangs genannten theologisch-staatlichen Allianz zu spà ¼ren bekommt, und auf den darauffolgenden „Nathanâ€Å" mà ¶chte ich in dieser Arbeit eingehen. Da mein Augenmerk dabei speziell auf dem Thema „Entstehungsgeschichte des Nathanâ€Å" liegt, werde ich allgemein beleuchten, was Lessing zum Nathan inspiriert hat, und das war eben nicht nur der Fragmentenstreit, sondern auch andere literarische, historische und biographische Quellen. Nathan als 12 Anti-Goetze 1767- 69 arbeitet Lessing am hamburgischen Nationaltheater als Dramaturg. Zu dieser Zeit ist Johann Albert Hinrich nicht nur sein Arzt, er darf auch seine Bibliothek benà ¼tzen, außerdem ist er mit Hinrichs Schwester Elise Reimarus gut befreundet. Durch diese beiden Geschwister gelangt Lessing an die „Apologie oder Schutzschrift fà ¼r die vernà ¼nftigen Verehrer Gottesâ€Å", die deren Vater Herman Samuel Reimarus geschrieben hat. Reimarus ist ein angesehener hamburger Bà ¼rger, der eine Professur fà ¼r hebrà ¤isch und orientalisch am Akademischen Gymnasium bekleidet. In seiner Apologie à ¼bte der Deist Reimarus eine radikale Bibel-und Dogmenkritik, er ging dabei soweit die Offenbarungslehren zu bezweifeln. Seiner Meinung nach enthalte die reine Lehre Christi „eine vernà ¼nftige praktische Religionâ€Å". Nur durch die Apostel, die Wundergeschichten in ihre Berichte eingefà ¼hrt hà ¤tten, sei diese Lehre zu dem gemacht worden was sie heute ist, nà ¤mlich e ine Religion die sich mit der Vernunft nicht vereinbaren là ¤sst. Z.B. behauptet er anhand von Widersprà ¼chen in der Auferstehungsgeschichte schlussfolgern zu dà ¼rfen, dass die Jesu Jà ¼nger die Leiche des gekreuzigten Jesu selbst haben verschwinden lassen, um durch die Osterpredigt Anhà ¤nger zu gewinnen und sich somit selbst zu Aposteln aufwerten zu kà ¶nnen.

What Massage Is the Poet Trying to Convey About “The Charge of the Light Brigade”

What massage is the poet trying to convey about â€Å"The Charge Of The Light Brigade†? In the poem â€Å"The Charge Of The Light Brigade† Alfred Tennyson tries to convey the readers to honor the qualities of the actual Light Brigade. With the use of figurative language, effective structure and techniques he achieve to show the determination and bravery of the six hundred soldiers that fought in the Brigade. Tennyson firstly introduce us to the heroes of the poem in the first stanza when he says â€Å"All in the valley of Death rode the six hundred†.This metaphor show the bravery of the â€Å"six hundred† because they where riding towards their death. The personification of Death suggest that something terrible happened to the soldiers, and the phrase â€Å"valley of Death† helps the creation of an image of the setting,uncertain and terrible, which the six hundred where riding towards. Tennyson then decides to put a man shouting a military order, â €Å"Charge for the guns†. He leaves the person unknown to emphasize at the brave men and that they were following orders. The word â€Å"guns† confirms that the destination of the Brigade was towards their death.The stanza ends with the repetition of the lines † into the valley of death rode the six hundred† to emphasize more their fatal lost and their strength to face death. The message of the poem is described using a variety of techniques. The rhetorical question â€Å"Was there a man dismayed? † Suggest that the soldiers didn't lost their courage and they didn't overcomes by terror while facing the death. This shows the loyalty and toughness of the heroes. The rhetorical question is contrasting with the following group of lines â€Å"Theirs not to make reply, theirs not to reason why, theirs but to do and die†.There is alliteration being used. These lines sum up the heroism and nobility of the six hundred, which they did their job without reasoning, without replying even that their lives where based on that. Tennyson attempts to make us feel the way the soldiers did when they where surrounded, by using onomatopoeia through the lines â€Å"Cannon to right of them, Cannon to left of them, Cannon in front of them†. The use of senses(optic and hearing) successfully help the reader to feel the moment, the terror of the soldiers as well as understanding better the quality of heir pride and strength to keep fighting and not be overcome by their fears. Their bravery is being described by the phrase â€Å"Bodly they rode and well†. There is a powerful personification of â€Å"jaws of Death/mouth of Hell† which represent the battlefield and the dangers, which again emphasize how heroic the men fought but it contrasting again with their fatal lost. Tennyson tries to show the response of the world to this charge by saying † charging an army while all the world wondered†. Tennyson imagines that th e viewers of the battle are wondering with awe and amazement.At the end of stanza four, the poet through the phrase â€Å"Then they rode back, but not, not the six hundred† shows that the charge has ended, the soldiers are turning back. The repetition of the word â€Å"not† shows the terrible casualties of the Light Brigade, the lost of many men out of the six hundred. Furthermore, Tennyson recognize the soldiers as heroes as he emphasizes to the lost of their life † while horse and hero fell†. There is a vivid image been created of the horse and the hero fall to the ground dead. The poem last stanza begins with a rhetorical question â€Å"When can their glory fade?The speaker tries to make the soldiers of the Light Brigade legends, to emphasize that their glory should never fade. Tennyson want us to remember the Light Brigade as a â€Å"wild charge† and repeats the line â€Å"all the world wondered† this time Tennyson is referring to us, to show that we should be amazed with the wild charge of the brave heroes and we should wonder for their strength and pride. The poem ends with some commands â€Å"Honour the charge they made! Honour the Light Brigade, Noble six hundred†. These commands summarize the purpose of the poem, to tell us, that we should remember and respect these noble war heroes, to honor their lives.

Poems of John Donne Essay

In contrast to â€Å"The Flea†, Donne uses metaphors in â€Å"The Broken Heart† in order to show his true bitterness towards love. As J. B. Leishman tells us â€Å"At one time, then, he really thought that there was such a thing as true love and faithfulness in woman, that them was something in the chivalrous devotion of Spenser and the sonneteers. Then he was deceived, was for a time inflamed with hatred and bitterness†. This is clearly shown in â€Å"The Broken Heart† as he uses the metaphor of broken glass as he says † at one first blow did shiver it as glasse†. This reflects the idea of heartbreak as he compares this to the shattering of glass. He goes on to explain how â€Å"though they be not unite; And now as broken glasses show A hundred lesser faces† He is explaining how his heart can reflect different lovers, yet it is still broken. This shows that Donne is using metaphor in order to clearly explain his true emotions and not just to startle his audience. He explains how â€Å"ragges of heart can like, whish and adore, But after one such love, can love no more† This tells us that Donne can never love again now that his heart has already been broken. The metaphor of glass and rags clearly explains that once a heart is broken; though it can be fixed it will never be the same. This tells us that Donne uses metaphors in order to express his true emotions and not just to startle his audience. Critic R. G Cox states that ‘At its best the metaphysical conceit communicates a unified experience; what matters is the sense of imaginative pressure and intensity. ‘ I believe this view is clearly illustrated by Donne’s use of the flea as a conceit. Through this conceit Donne clearly expresses his opinion of his mistress’s chastity and not only startles the reader but sets up a witty and entertaining argument. This is also illustrated in the metaphors used in â€Å"The Broken Heart† as Donne expresses his true emotions about his heartbreak with â€Å"imaginative pressure and intensity†. 1,869 words. 1 A. H Welsh John Donne: The Critical Heritage – Vol. 2 Book by Professor A. J. Smith, Catherine Phillips; Routledge, 1996 2Knowles & Moon (2006) introducing metaphor, (pp 2-6), Abington Rouledge 3R. G Cox, Poems of John Donne.

Mystical Caves Used Throughout Mythology Essays - God, Free Essays

Mystical Caves Used Throughout Mythology Essays - God, Free Essays Mystical Caves Used Throughout Mythology The use of caves in mythology to depict darkness and abandonment has branded it as a symbol of chaos. From this perception other associations are made which connect the cave to prejudices, malevolent spirits, burial sites, sadness, resurrection and intimacy. It is a world to which only few venture, and yet its mysticism has attracted the interest of philosophers, religious figures and thinkers throughout history. These myths are exemplified in Homers "Odyssey," where the two worlds of mortals and immortals unite in the eternal cave. To Plato, the cave represents the confusion between reality and falsehood. Individuals chained deep within the recesses of the cave mistake their shadows for physical existence. These false perceptions, and the escape from bonds held within the cave symbolize transition into the a world of reality. Comparatively, in the Odyssey, Odysseus must first break with Kalypso, and set himself free before he can return to Ithaka, when he will then be prepared to release Penelope from the bondage of suitors. His experience within the cave is in itself a world of fantasy, in that Kalypso is a supernatural being, and the only way to escape her enslavement is to receive assistance from immortals superior to her. The philosopher Francis Bacon also theorized about the myth attached to caves in which he maintained that "idols," meaning prejudices and preconceived notions possessed by an individual, were contained in a persons "cave," or obscure, compartment, with "intricate and winding chambers"1 . Beliefs that caves were inhabited by negative thoughts, or spirits, were also held by the native-American culture, in which these spirits influenced the outcome of all human strivings, and had to be maintained inside caves. The souls of the dead were thought to be the most malevolent of all spirits, and were held within the deepest parts of the cave. In Greek mythology this also holds true, according the legend in which Cronus was placed in a cave in the deepest part of the underworld. This was done by Zeus and his siblings after waging war against their father for swallowing them at birth for fear that they might overthrow him. Incidently, Zeus was raised in a cave after Rhea hid him from Cronus. For his punishment, Cronus was placed in Tartarus to prevent his return to earth, which would unbalance the system of authority established by Zeus. Beyond the shadows of the cave, however, this balanced system of power is nonexistent. It becomes a system both unstable and lawless, and survival as a guest in such a cave is only accomplished through the complete submission to the sovereign. In Odysseus encounter with the Cyclops, it is his disregard for Polyphemos authority that costs him the lives of several companions, and ultimately a ten year delay on his return home. The land of the Cyclops epitomizes darkness, chaos, and abandonment; where the only law exists past the entrance of the cave. From the islands shore a "high wall of...boulders"2 can be seen encircling each cave. Clearly impossible of being accomplished by mortals, massive walls of similar description found standing after the Persian Wars were also thought by ancient Greeks to be the work of the Cyclops. Unfamiliar to this system of power, Odysseus disregards these laws and enters the cave without an invitation. For this reason, Polyphemos implicates his own punishment onto the trespassers, and kills six men. In order to escape the wrath of the Cyclops, Odysseus eventually blinds him, an offense which falls under the jurisdiction of Poseidon, and for which he ultimately pays throughout his wanderings. The uncontrollable winds next direct Odysseus through a narrow strait outlined by rocks and cliffs through which he must pass to return home. On these cliffs which stand opposite each other lurk Scylla and Charybdis, one side "reach[ing] up into...heaven"3 and the other not quite as high. Scylla, a creature with twelve feet and six necks, resides in a cave upon this high cliff and devours sailors from fleeting ships. Across the stream of water dwells Charybdis, a dreadful whirlpool beneath a fig tree. Three times daily the maelstrom forms, and shipwrecks passing vessels. In the "Odyssey," Odysseus and his crew encounter these two sea

A Civil Action Essays - Legal Entities, W. R. Grace And Company

A Civil Action Essays - Legal Entities, W. R. Grace And Company A Civil Action A Civil Action The movie A Civil Action brings up an interesting idea that many people in the public don't see or hear about very often. The idea that the big corporations often don't take into account the safety of the people that work for them or the people that live around the factories. These big corporations are run entirely by money and the idea of what things will cost and how much money they can possibly make. Too many times money is more important than the lives of human beings and the people that run these places only see in dollars and cents. The moral issues that this dilemma brings up are immense. This has been happening for centuries since the industrial revolution. Workers were subjected too harsh conditions and unsafe factories so that more goods could be produced. They had children as young as seven and eight years old working 15 hour days. In our modern times, toxic waste now plays a big part in the safety of people. The waste that these companies produce and dump under our noses don't seem to bother them in the least. The way microeconomics effects this must be fully explored to realize the way the corporate world thinks and acts. The goal of any corporation is to make the maximum profit that they can providing a good or service to the community while doing it as inexpensively as possible to them. Too many times producing these goods, toxic by-products are also produced. Nuclear power plants create plutonium, factories let poisonous gasses into the atmosphere, and chemicals are dumped into the drains and washed into our water everyday while being unknown to the people around them. The issue then becomes what to do with these poisons at the cheapest cost to retain the most revenue. In A Civil Action the W.R. Grace company decided that the best place to dump the T.C.E. was in the river behind the plant. It's too bad that all the people who lived down stream were also effected by the carelessness of this company. It got into the drinking water and gave kids cancer and seizures among other health conditions. These companies try to cover up these kinds of things as much as possible by buying people off. They think that if they give people money for their losses than everything will be alright. For huge corporations dealing with billions of dollars these payoffs are only a drop in the bucket for them. Even a million dollars to any family is an incredible amount of money and often the money becomes more important than the real issues behind the problem and can't be passed up by a family struggling to get by. The benefits of paying of these people for their trouble is much cheaper then doing things the right way in the beginning and protecting their safety. Money in our society has become a sense of power and authority. People think to many times that money is the key to happiness. Although money isn't a bad thing it effects the way people act and causes them to not care about the things that they should many times. Corporations have a structure that they follow in order to make them run in an efficient manner. In the movie John Travolta initially doesn't want to take the case because he doesn't think that there will be any money in it for him and his firm. Even though he goes and sees how much pain this company has caused to the people in Wolburn, he still doesn't care because of the money. Not until he realizes how big the companies are does he take the case. As the case goes on he isn't able to achieve what he ultimately wanted to do because the Grace Company has so much money that it will almost always win. Travolta's firm goes eight million into debt trying to win this case but ultimately has to settle because they can't go on. The firm doesn't even have to clean up the polluted land that caused all the problems. It wasn't until the E.P.A. steps in and with their power was able to achieve a

Premature Feedback

Premature Feedback We writers are a needy lot. We cant wait for feedback on our work. And in these days of instant communication via email and social media, we seek it earlier and earlier in the process. Some even ask for feedback on their ideas, before writing the first chapter, as if the other person could have a clue. Yet somewhere out there we can find someone wholl tell us its the grandest idea and destined for record-breaking success. Its like planting a seed and asking others how they think the tomato is going to taste. Someone will tell you they bet itll be phenomenal. The problem with seeking premature feedback is timing. First, the idea isnt fully fleshed out, therefore limiting the quality of the feedback. Without more information (i.e., quality of writing, the consummation of the plot), how in the world can the reader even tell? Second, those folks out there lose nothing in patting you on the head and making you feel good regardless of the concept. They recognize youre fragile, seeking validation for something as fleeting as an idea, so they tell you THAT SOUNDS GREAT and move on. Third, its in this introductory period, when you are the least sure of getting into bed with this idea, that you are the most vulnerable. You arent even sure of what you have. You havent lived with the idea long enough, molded and remolded it sufficiently to even have a form. Hold off asking for opinion. The earlier you ask for feedback, the more likely you are to get deterred from what might be your best writing. The best judge of a good idea is you, but only after youve mulled it over for a long while, or tested it Then theres always this possibility. You request feedback on your idea, and three people give it the thumbs down. Frustrated, you throw away a story that through trial and error, a couple rewrites, and dozen edits later could be Harry Potter, Gone Girl, or Murder on the Orient Express. Nobody on social media can make these types of decisions for you. And you are too vulnerable at this early stage to be asking them to help you do so. You are too easily persuaded to take the wrong path, whether you write a work that will never see the light of day or forget about a concept that could be career-setting. The masses cannot make such personal decisions. Take responsibility for vetting an idea long enough, and deep enough, to understand if it suits you. You have to live with it. They dont.

Black Studies Essay Example | Topics and Well Written Essays - 750 words

Black Studies - Essay Example will analyze the case of two â€Å"white† newspapers and one â€Å"black† newspaper as a means of identifying key differentials in the reporting of the same noteworthy incident. For purposes of analysis, an article from all three newspapers, The New York Times, The Wall Street Journal, and the New York Amsterdam News will each by discussed and analyzed. The subject matter that has been chosen for analysis between the three newspapers is that of the unveiling of a brand new statue of Rosa Parks within the rotunda of Capitol Hill. Whereas many white individuals have been immortalized by inclusion in the U.S. pantheon as it were, the exhibition of an African American within such austere company was never before realized. As a function of this, the black newspaper which will be analyzed The New York Amsterdam News recently published an article on the internet entitled, â€Å"A Statue of Rosa Parks Unveiled in the Capital Building† which opens by stating the following: â€Å"With a caramel-colored statue of Rosa Parks to his right, President Barack Obama offered a moving tribute to the great civil rights icon in the U.S. Capitol on Wednesday morning† (Boyd 1). This in and of itself is interesting due to the fact that although the other papers which will be discussed are forced to mention the importance that race has to do with the given subject matter, The New York Amsterdam News opens its piece by reaffirming the historic and current overarching importance that an understanding and appreciation of race has. Consequently, the article goes on to re-emphasize the importance of Rosa Park’s statute being the first African American depicted within Capitol Hill has on the national consciousness and the furtherance of the ongoing Civil Rights movement. Only after these topics have been thoroughly discussed does it deviate towards a historical approach to why Rosa Park’s contribution maintains a dominant and relevant role within the current times. In a way, the

Sales Force Decision Sequence Essay Example | Topics and Well Written Essays - 500 words

Sales Force Decision Sequence - Essay Example The sales force decision making starts at the level 1 which are taken by the top management whereas the level 2 & 3 are taken at the mid level and bottom level. The ‘corporate strategy’ and ‘go to market strategy’ are taken at the level 1 by the top management. These level 1 decisions are not under the control of the sales force whereas the level 2 & 3 are controlled by the actual sales force. The level 2 and 3 decisions will be taken by the sales force as per the needs of the level 1 decision. Customer retention and attraction process, size and structure and product & market resource development decisions are taken at the level 2 whereas compensation, hiring, training, sales manager, productivity enhancement decision taken at the level 3’ (Zoltners) Each level of decision making is interconnected with each other. The actual implementation part of the strategies made at level 1 is taking place level 2 and 3. At level 1, the top management will take the decisions about which markets needed to be exploited and when the product needed to be introduced into the market etc. At level 2, the decision would be more realistic and it will be based on the production capacity of the organization and the actual size and structure of the market. Customers are of two types; existing and new. The existing customers needed to be retained whereas new customers needed to be attracted in order to market a product successfully. At level 2 such strategies will be formulated. Level 3 decisions are the last level of decisions before the product actually introduced into the market. At this level the actual sales force required for the implementation of the sales strategies formulated at level 1 and 2, would be appointed. Sales managers, Executives Representatives, Assistants etc all hired and trained at level 3.

New Zealand Politics Essay Example | Topics and Well Written Essays - 1500 words

New Zealand Politics - Essay Example 457). There can never be a given party dare to jeopardy proceeding to determining election ahead of utilising political marketing tolls with the intention of understanding the New Zealand citizens and have a competitive advantage (Lees-Marshment, 2009). The politicians utilize all pre-elections strategies available, they rebrand themselves; they exploit e-marketing services, conduct research on their opponents and do multiple direct campaigns. In the 2008 election campaigns, the political parties utilised most of these tools, which is no different in 2014. The political parties are relying on all their supporters to vote for them in the coming elections. The Electoral Act of 1993 provides for and governs the present electoral system in New Zealand. New Zealand is a monarchy under the constitution. The Head of State is her majesty Elizabeth II Queen of England for the modelling of the government is adopts British parliamentary system. This is state has a prime minister who heads the opposition and a resident governor general representative of the British monarch. The parliament is New Zealand’s House of Representatives. The prime ministers and the ministers of the crown make up the cabinet. Cabinet members are the members of parliament. New Zealand is a representative democracy and its members of parliament their election is in every three years in the general elections, which are free and fair. Democracy entails fair and periodic elections. The state’s next universal elections will be on 20th September 2014. All the citizens and permanent residents of at least eighteen years old ought to register as voters though not obligatory for them to vote. Nevertheless, the voter turnout in this state is quite high when com pared to other countries (Immigration, 2014). According to Hillman (2009, p.472), â€Å"People may refrain from voting because they think that the probability of their

Georgia State Flag Issue Research Paper Example | Topics and Well Written Essays - 6000 words

Georgia State Flag Issue - Research Paper Example This essay discusses that the state of Georgia has had the greatest number of flags in the United States’ history. Controversies over the design of the Georgian State Flag have existed for a long time. Recently, Georgia’s flag was changed thrice between January 2001 and May 2003. The reason for these changes was the presence of the Confederate Battle symbol on the flag. The inclusion of the Confederate Battle Flag on the Georgian flag in 1956 has caused the greatest controversy in the history of Georgia’s flags. Criticisms of the flag began as soon as the flag was authorized and continued until the design was changed in 2001. The announcement by Governor Zell Miller of Georgia in 1992 that he would support the removal of the Confederate Battle symbol from the Georgian flag aroused renewed arguments. Governor Zell Miller attempted to redesign the Georgian flag but his efforts were thwarted by intense debates by the state’s elected representatives. Efforts t o redesign the flag were revived in 2000 when some black leaders from Atlanta pushed for the removal of the Confederate stars and bars from the flag or else they would boycott events such as the NCAA basketball tournament. A new flag design was revealed to the public and legislators. The new flag was meant to unite all Georgians and it minimized the prominence of the Confederate Battle flag from the Georgian flag. However, the Georgians were not satisfied with this flag and another one was designed in 2003. Currently, the Georgians use the 2003 flag design that they voted for in a referendum in 2004. This paper explores the controversy surrounding the Georgian flag and the reasons for changing the flag design numerous times. The legislators who championed the change of the flag are also discussed. Causes of Georgia’s Flag Controversy The main source of controversy was the inclusion of the Confederate Battle Flag in the Georgian flag. This flag was used by the Confederate Stat es of America during the Civil War. The Confederate States of America consisted of Southern American States that had broken away from the Union. The Confederate Battle Flag, also referred to as the Southern Cross, consisted of a blue St. Andrews cross on a red square background1. Thirteen white stars were enclosed on the blue cross representing the number of the states of the Confederacy. The blue cross was enclosed in thin white borders. This flag was widely accepted by the members of the public and the soldiers. The Confederate Battle symbol was incorporated into Georgia’s flag in 1956. There was a proposal to include the Confederate Battle Flag in Georgia’s state flag in 1955. Senate Bill No. 98 was introduced by Senators Willis Harden and Jefferson Lee Davis to change the design of Georgia’s state flag. The law authorizing the use of the new flag design was signed in 1956 by Governor Marvin Griffin. This was a sign of defiance to the Federal government for i nterfering with the rights of the state. One of the contentious issues at that time was racial integration in schools. The legislators were fighting the move by the Supreme Court to allow integration of races in public schools. The symbol was widely used in entertainment, books, and clothes and was used to show opposition to the Federal government. This flag was used in the state of Georgia as from 1956 to 2001. However, during this period, there were protests from Georgians because of the inclusion of the Confederate Battle Flag. Many people were dissatisfied with the design2. In the 1980s and 1990s, several Bills were introduced in an attempt to change the flag to the previous design3. Since the inclusion of the confederate battle flag in Georgia’s flag, there have been several attempts to change it. However, the controversy that occurred between 1990 to the present was the most intense, leading to the change of the

Assistive Technology Essay Example | Topics and Well Written Essays - 250 words

Assistive Technology - Essay Example The chemical's usual routes of entry in the body is through the eyes, inhalation and skin contact. It is not advisable for consumers and workers to apply flame or heat products containing the aforementioned chemicals; instead, pressurized extinguishers must be stored away from high heat sources, poorly ventilated rooms and out of direct sunlight. If based on the arguments presented by DuPont (2008; p 1), stating that the total flooding is applied in fire suppression when other people are present during the application; aside from the fact that the application is generally, free of residues, non-corrosive, non-electrically conductive and has ozone depleting potential, the action involves greater than 90% of all commercial security or protection scenarios. Meanwhile, the system of local application is also a total flooding system, but, there is no complete enclosures surrounding applied, fire extinguishing concentration should be applied into the area as quickly as possible; otherwise will expose people to hazards longer. Therefore, local application seems more of a personnel hazard than total flooding.

Georgia State Flag Issue Research Paper Example | Topics and Well Written Essays - 6000 words

Georgia State Flag Issue - Research Paper Example This essay discusses that the state of Georgia has had the greatest number of flags in the United States’ history. Controversies over the design of the Georgian State Flag have existed for a long time. Recently, Georgia’s flag was changed thrice between January 2001 and May 2003. The reason for these changes was the presence of the Confederate Battle symbol on the flag. The inclusion of the Confederate Battle Flag on the Georgian flag in 1956 has caused the greatest controversy in the history of Georgia’s flags. Criticisms of the flag began as soon as the flag was authorized and continued until the design was changed in 2001. The announcement by Governor Zell Miller of Georgia in 1992 that he would support the removal of the Confederate Battle symbol from the Georgian flag aroused renewed arguments. Governor Zell Miller attempted to redesign the Georgian flag but his efforts were thwarted by intense debates by the state’s elected representatives. Efforts t o redesign the flag were revived in 2000 when some black leaders from Atlanta pushed for the removal of the Confederate stars and bars from the flag or else they would boycott events such as the NCAA basketball tournament. A new flag design was revealed to the public and legislators. The new flag was meant to unite all Georgians and it minimized the prominence of the Confederate Battle flag from the Georgian flag. However, the Georgians were not satisfied with this flag and another one was designed in 2003. Currently, the Georgians use the 2003 flag design that they voted for in a referendum in 2004. This paper explores the controversy surrounding the Georgian flag and the reasons for changing the flag design numerous times. The legislators who championed the change of the flag are also discussed. Causes of Georgia’s Flag Controversy The main source of controversy was the inclusion of the Confederate Battle Flag in the Georgian flag. This flag was used by the Confederate Stat es of America during the Civil War. The Confederate States of America consisted of Southern American States that had broken away from the Union. The Confederate Battle Flag, also referred to as the Southern Cross, consisted of a blue St. Andrews cross on a red square background1. Thirteen white stars were enclosed on the blue cross representing the number of the states of the Confederacy. The blue cross was enclosed in thin white borders. This flag was widely accepted by the members of the public and the soldiers. The Confederate Battle symbol was incorporated into Georgia’s flag in 1956. There was a proposal to include the Confederate Battle Flag in Georgia’s state flag in 1955. Senate Bill No. 98 was introduced by Senators Willis Harden and Jefferson Lee Davis to change the design of Georgia’s state flag. The law authorizing the use of the new flag design was signed in 1956 by Governor Marvin Griffin. This was a sign of defiance to the Federal government for i nterfering with the rights of the state. One of the contentious issues at that time was racial integration in schools. The legislators were fighting the move by the Supreme Court to allow integration of races in public schools. The symbol was widely used in entertainment, books, and clothes and was used to show opposition to the Federal government. This flag was used in the state of Georgia as from 1956 to 2001. However, during this period, there were protests from Georgians because of the inclusion of the Confederate Battle Flag. Many people were dissatisfied with the design2. In the 1980s and 1990s, several Bills were introduced in an attempt to change the flag to the previous design3. Since the inclusion of the confederate battle flag in Georgia’s flag, there have been several attempts to change it. However, the controversy that occurred between 1990 to the present was the most intense, leading to the change of the

International Relations Essay Example | Topics and Well Written Essays - 500 words

International Relations - Essay Example This would involve the Americans thinking the worst about Iran and to act out of self-interest. This probably would mean that Iran would be bombed. The second approach could be a liberal one which would involve the U.S. acting within the bounds of the international system. Both of these approaches will be explored in this brief essay. Realism involves looking at the political system in a way that takes self-interest as the paramount motivator for actors. There is not really any such thing as altruism in this theory, only power and efforts to accumulate power. In order to have power, a country must have security (Bell, 2008, p. 25). For the United States, Iran represents a serious security threat to the world order it has established. Iran threatens Israel and to a less extent Saudi Arabia. A lot of the rhetoric from Iran is poisonous and also suggests Iran is a threat. Washington can only take Iran at its word when it says that it wants to destroy Israel, America's ally. The way that Iran treats its own people lends all of this credence too. Because of these factors, the United States should act decisively. Clearly, negotiation has not been successful. For many American realists, the only thing that Iran will understand is force. Following this theory through to its conclusion, it seems necessary for America to bomb Iran. Politicians like Dick Cheney might be described as realists.

Patriarchy And Violence Against Women Essay Example for Free

Patriarchy And Violence Against Women Essay Author Charlotte Perkins Gilman in her The Man-made World or Our Androcentric Culture (1911) presents the most comprehensive statement of her overall theory. In it she argues that we live in a patriarchy or what she calls an androcentric, male-centered society and that our culture in all its aspects reflects this androcentric bias. Gilman sees this bias as destructive because the male sensitivity is destructive. A woman-centered, or better a mother-centered, world would be very different, because it would express the positive, benign character pf women’s sensitivities. In this work, and in His Religion and Hers, Gilman presents her most extreme statement of the radical differences between men and women. These differences she attributes to prehistoric roles assigned the two sexes. The male naturally fights, and naturally crows, triumphs over his rival and takes the prize—therefore, he was made male. Maleness means â€Å"war† (92) while the basic feminine impulse is to gather, to put together, to construct; the basic masculine impulse to scatter, to disseminate, to destroy† (114). A male-centered culture reflects these negative masculine concerns in nearly every area of expression. Some of Gilman’s most original contributions to feminist theory are contained in her discussion of the ideological warp impressed upon language, art, literature, sports, education, government and religion by the androcentric perspective. While public society is organized as a democracy, the man-made home remainsâ€Å"despotism. † â€Å"The male is esteemed the ‘head of the family’; it belongs to him; he maintains it; and the rest of the world is a wide hunting ground and battlefield wherein he competes with other males as of old† (41). In the â€Å"proprietary family† of the patriarchate, women remain men’s property in the household; they are little more than objects whose purpose is â€Å"first and foremost†¦ a means of pleasure to him† (32). Every law and custom† of the â€Å"family relation† is arranged from the masculine viewpoint (35). â€Å"From this same viewpoint†¦ comes the requirement that the woman shall serve the man. † (35). A greater challenge occurs when campaigns to improve gender equality by promoting the well-being of the marginalized are conducted in sync with trade and development policies that favor the economically strong multinationals and compromise the welfare of the lowly locals, particularly the helpless women and children. We ought to remember that sexism and patriarchy are all manifestations of a power struggle between the strong and the weak, the same kind of struggle linked to globalization and trade liberalization today. Patriarchy involves an imbalance of power between man and woman leading to unequal roles and benefits, a situation that can be seen in a larger context between the developing and the industrialized economies, as the latter’s efforts to spread globalization and to weaken the former’s trade laws also leads to unequal gains. Globalization’s capitalistic intent, although beneficial in several ways since it brings development to poorer states, may be cultural imperialism dressed in new clothes when the more powerful party uses its stronger bargaining authority to manipulate or exploit. (Gilman) â€Å"In no developing region do women experience equality with men. † This clear-cut statement from the World Bank, the reputed international monetary institution, relays one of the most apparent yet often overlooked realities of our time—gender inequality. Gender inequality is a significant social concern that deserves to be analyzed with the utmost diligence using both empirical and scholastic evidences. This inequality is deeply entangled in the fabric of the everyday lives of many men and women, and it has been in existence since time immemorial. Gender inequality, from its very name, implies an uneven treatment based on one’s gender. Essentially, gender inequality is the prejudice that one gender, usually the female, is secondary and subordinate to the more capable and hence superior male gender. Many societies practice gender inequality, with the men reinforcing it and the women passively receiving it, because it is considered part of an enduring patriarchal culture. Deviating from this norm means that one runs the risk of being branded a weak husband or a bad, undeserving wife. Both cases are an embarrassment to the individual and the family. The causes and effects of gender inequality are part of a larger network of social problems that compound the difficulties people face everyday. It is deeply related to other social problems, such as poverty, economic growth and development, and globalization. The World Bank (2001) underscored the notion that gender issues are now more prominent in debates related to development, though the relevance of a gendered perspective in policy-making is yet to be widely understood. Thus, based from its report, gender inequality ought to be considered when drafting developmental policies for poor and developing states because failing to take into account gender roles and relations as well as disparities lead to policies that â€Å"have limited effectiveness† (p. 5). Although gender disparity is characteristic of developing and poor states, it is not restricted to them. This phenomenon is also observed in wealthier and developed regions where both men and women are relatively affluent and do not experience scarcity of resources. In these rich societies, minor but noticeable gender-based discrimination remains. â€Å"Gender discrimination crosses races, classes and ethnicity†¦Ã¢â‚¬  remarks Lucy Bednarek (1998, p. 60) in her article, â€Å"Searching for Equality in a Global Economy. Compared to the gender gap in these wealthier states, gender inequality in poor states poses graver consequences to its citizens. The devalued women and their children feel the pangs of poverty and bear the heavier brunt of economic unproductivity with greater intensity, compared with the men who possess greater freedom, privilege, and economic and political control. As stated by the UN (2004) in Trade and Gender, â€Å"A gendered perspective of development is seen as a difficult enough task,† so that extending the gendered approach to the â€Å"realm of trade† is considered to be an even bigger challenge (55). Yet the organization believes that international trade must assume a gendered approach wherein accelerated economic growth and sustainable development will take place without endangering the well-being of the women and children in the community. The issue of trade has become so important in the consideration of gender equality because the current multilateral trade negotiation and regional trade agreements (RTAs) have pervaded state development policies. Because of these ubiquitous bi- and multilateral negotiations and agreements, governments do not just make decisions solely for the state but also according to the dictates of the global and regional environment or the overall plan of their affiliated economic groups. This environment therefore affects policies on gender; for the UN (2004, 56), â€Å"Every major move in the trading system can have direct or indirect implications for a country’s gender welfare, equity and development goals. † The crime of rape and other forms of violence against women have come into increasing focus in recent years, due in part to the rising prominence of the feminist movement. Rape has come to be widely perceived not only as a means of obtaining sexual gratification but rather as an extreme manner of expressing hostility to women. This broader definition of the term is related to the heightened awareness that far more often than not sexual aggression occurs within the context of courtship or friendship relationships (called â€Å"acquaintance rape† or â€Å"date rape†) or even that of marriage. The recognition that the forms of coercion used by men over women can go beyond direct and overt use of force brings legal theory closer to reality. However, some scholars fear that expanding conceptualization of rape and the imprecise definition of sexual harassment serve to blur the distinction between the sexes, especially between the expanded conceptualization of rape and male initiated seduction. These problems in defining behavior can exacerbate the difficulty in obtaining rape convictions from male jurors who may perceive an uncomfortable similarity between some of their own past actions and those of a defendant in such cases. Clearly, there is heightened sensitivity to the problems of rape and sexual harassment that will lead to accelerated efforts in legal and legislative policy formation. Reflecting this heightened sensitivity is the $1. 6 billion in the 1994 Crime Bill to fund Violence against Women Act. The challenge is to fight rape and harassment in all their forms while protecting the rights of women.