Aristotles Tragic Hero in Shakespeares Macbeth Essay examples -- Mac

Aristotle's Tragic Hero in Macbeth      Ã‚  Ã‚   Aristotle and Shakespeare lived ages apart, but Aristotle had a great affect on Shakespeare's plays. In Shakespeare’s tragic play, Macbeth, the character of Macbeth is consistent with Aristotle's definition of the tragic hero.    Aristotle's tragic hero is a man who is characterized by good and evil. He is a mixture of good characteristics and bad characteristics. For example, Macbeth was an honorable Thane of Glamis. He was a valiant fighter who had protected his country of Scotland well, but he wanted to be king. His "vaulting ambition" caused him to kill King Duncan which ended up in his fall.   Aristotle's tragic hero has a tragic flaw, or harmatia, that is the cause of the downfall. Macbeth's vaulting ambition, though it is what brings him to his height of power, it is also what leads him to his downfall. Vaulting Ambition is Macbeth's only flaw; it disables him to achieve his utmost goals and forces him to face his fate. Without this ambition, though, Macbeth never would have been able to achieve his power as King of Scotland or have been able to carry out his evil deeds. In these instances, ambition helped Macbeth do what he wanted to do. But, consequently, Macbeth's ambition has another face and is what leads him to his tragic downfall. Had he not been so enveloped with becoming King and remaining powerful, he would not have continued to kill innocent people in order to keep his position. It was because of these killings and his overbearing attitude that caused him to be overthrown and killed himself.      Ã‚  Ã‚   Macbeth, at the beginning of the play seems to be a very noble person. He is characterized as being very loyal and honorable. He fights in the battle against ... ...o his tragic death. Had it not been for Macbeth's obsession with power, he would have been able to remain powerful, but it is because of his ambition that causes him to become less powerful and leads him to his downfall.    Works Cited and Consulted:    Brooke, Nicholas, ed.   Macbeth. Oxford: The Oxford University Press. 1990.    Coursen, H.R.   Macbeth-A Guide to the Play. London: Greenwood Press.1997.    Elloway, David. Tragic Ambition in Macbeth Macmillan Education Limited. 1985.    Nostbakken, Faith. Understanding Macbeth. USA: Greenwood Press. 1997.    Shakespeare, William.   Tragedy of Macbeth . Ed. Barbara Mowat and Paul  Ã‚   Warstine. New York: Washington Press, 1992.  Ã‚  Ã‚      Slethaug, Gordon. "Lecture Notes" for ENGL1007. Online posting. November 2000. <http://ws.bowiestate.edu/archives/1996/0807.html>.   

Advertising :: essays papers

Advertising Nowadays, advertising is a very big business. Very often is the major means of competing among firms. Furthermore, supporters of advertising claim that it brings specific benefits for consumers. First off all, they claim that advertising provide information to consumers about the quality or the availability of several products. This is very important for consumers because they do not waste time for searching (search costs). If we suppose, that consumers want to shop at the lowest price shop but, they do not know which is the store with the lowest prices, then they gather information by reading and watching advertisements and TV commercials respectively or by visiting several stores. This action of consumers makes prices to fall, but only if consumers have the appropriate information. Otherwise the prices may rise. Supporters of advertising also claim that advertising may encourage price competition among the firms, if prices feature significantly in the advertisement. In addition to this, by increasing sales through advertising, firms can gain economies of scale, which means that it will help to keep prices down. As we can understand information is very essential for consumers, not only because it lowers the prices, but also because it improves the quality of several products. The problem here is that it is unlikely for all the consumers to have perfect information. This means that the information is either imperfect or asymmetric. Imperfect information, as well as asymmetric information, lowers quality. Advertising may solve this problem in most cases. Consumers can gather information for several products through advertisements and because of this, producers must improve the quality of their products. But why firms advertise so much? As I noted above advertising increases consumer ¡Ã‚ ¦s information. So we can suppose that a firm which advertise much, has high quality products. A very expensive advertising campaign is something like a signal to potential consumers, that the firm believes that its product has good quality. Furthermore the company believes that because of its good quality products, is going to make repeat sales for a long time in order to  ¡Ã‚ §recoup the fixed costs of initial advertising ¡Ã‚ ¨. On the other hand, firms with poor quality products  ¡Ã‚ §that know that consumers will soon discover they have been misled about quality ¡Ã‚ ¨, do not invest much in advertising.

Wives in Silkos Yellow Woman and Chopins The Story of an Hour :: comparison compare contrast essays

The Roles of Wives in Silko's Yellow Woman and Chopin's The Story of an Hour The predominant feminist theme that stood out for me in the story 'Yellow woman' by Leslie Marmon Silko and 'The story of an hour' by Kate Chopin relates to the protagonists' expectations of fulfilling thier roles as wives. The two women struggle with what they should think, what is appropriate for them to feel in their circumstances and the obvious restrictions on their freedom. In 'Yellow woman', the protagonist struggles with her feelings for Silva and the nagging thoughts of her husband and her baby at home. She thinks a lot about how her family willfret because she has been away for so long. She appears to want to remain with Silva yet worries about how evasive he is in connection with who he really is. In the end, she returns home to see her husband Al playing with the baby and decides to fabricate a story on being kidnapped. Mrs. Mallard in 'The story of an hour', is a woman that has had to live her life composed and in control as the wife of her husband, Brently Mallard. Chopin details Mrs. Mallard's reaction to the news of her husband's death with convolted emotions that were considered appropraite and yet horrifying to the reader. At the end of the story, her death came as no surprise. In a world where the vast majority of cultures are patriarchal, in response to traditional structures, women often find themselves at war in their minds, hearts and in their own actions. 'Yellow woman' and 'The story of an hour' are examples of how women struggle in a male domintaed society. In these two stories, the women fnd themselves wrestling with thoughts and emotions that our society consider unacceptable. The following statements ,ay be asked and considered of these women: Why would a married woman go out, spend the night with a man whom she barely knows, when she has a wonderful, devoted husband and child? Mrs. Mallard's cry of ultimate relief and the joy she felt when she learned of her husband's deathis intolerable.

Should the British Media Be Allowed to Publish Private Photos of the Royal Family or Should Their Privacy Be Protected?

Title: Should the British media be allowed to publish private photos of the Royal family or should their privacy be protected? With the development of science and technology, the media is also developing rapidly, from the original newspaper, broadcast, TV to today's Internet, mobile phone, electronic magazines and so on. There is no doubt that is progress, indeed, the media provides a lot of convenience to our life, for example: we needn’t go out and know what happened all over the world; if any place was hit by disaster, only through the media dissemination for help, friends from all over the world would lend a hand immediately.However, everything has two sides and the media is no exception. As we know, media is too transparent to make our life sometimes no privacy, especially some public figures’ life and feelings are always exposed. This essay will examine whether the British media should be allowed to publish private photos of the Royal family or should their privac y be protected? Firstly, I think private photos should be protected. Privacy has been defined as the `right of individuals to control the collection and use of personal information about themselves. ‘(Mason, 1986).And privacy is a fundamental right recognized in the United Nations Universal Declaration of Human Rights. It means that everyone should be equal and their privacy should be protected. Some laws and regulations, which are in the field of personal privacy protection, are also being found. For example, ‘there is comprehensive protection for privacy, potential civil and criminal liability, and human rights protection under the European Convention on Human Rights. ’ (Gilbert, 2012). So it is obvious that Western people will pay more attention to the privacy protection.Even avoid asking about their age, income, and marital status. They often use ‘nose into people's private life,’ to say people who asked such questions  with contempt. Therefore, publishing private photo without individual's permission is an unlawful behavior. Secondly, the British royal family belongs to public figure, not ordinary person. And ‘the members of the Royal Family support The Queen in her many State and national duties, as well as carrying out important work in the areas of public and charitable service, and helping to strengthen national unity and stability. (The role of the Royal Family, 2007). That means members of the Royal family are able to recognize and participate in community and local events in every part of the UK, from the opening of new buildings to celebrations or acts of commemoration. Therefore, Royal Family plays a positive and gracious role in British society. However, there are some British royal family private photos were published in the public, and those photos have a negative effect on Royal family’s image. Some people suggested that those behaviors are actually invaded Royal family’s privacy.But there are some people said that the British royal family is the public figures, and their photos should not belong to infringement. But I have to say that when they got back home to have a meal, sleep and make friends, etc, they also just an ordinary people, who are same as all of people’s life. Therefore, the British media should not publish the photos of the Royal family. Then the other side of this issue would be discussed in the following. That is Royal family were born in an unusual family, destined to their life would be revealed by the media.In other words, our world is fairness, they can enjoy the supreme honor; they can receive ten thousand people’ respect and admiration; they can enjoy the most luxurious life, etc. However, their private life is facing constantly exposure and revelation. Some of common things just connect with them that will be focused on, and will become the hot topic in public to talk about. In fact, some of their private photos should publish, because public figures should be actively influenced people and accept the supervision of the people.Some of photos can reflect their personal life, and their positive image can inspire the next generation. In contrast, some negative images or some bad way of life should not publish. Because those pictures would influence the images of the Royal family in people’s mind, especially have a negative effect on children. Therefore, private photos of the Royal family should be allowed to publish. All in all, according to the discussion of this issue from two aspects, I think no one opinion is absolutely right. Although the British Royal family is public figure, they also common persons; their privacy should also be protected by the law.Everyone has the right to protect their own privacy and the media should not just for benefits or media value to exposure everything regardless of privacy of people. In contrast, their identity particularity cause that they were born by all the atten tion. And their behavior always to a large extent affects to young people's behavior, so the media should expose a part of their privacy to the public so that they set a good image to the public, whilst, it is requires that the public figures also should be attention their behavior particular in the public. Reference:R. O. Mason (1986), Four ethical issues of the information age, MIS Quarterly, 10 (1) pp. 4–12. (Accessed: 19 October 2012) Gilbert, D (September 14, 2012) After Diana: How can intimate royal snaps be published in France? CNN, [Online]. Available: http://www. cnn. co. uk/2012/09/14/world/europe/france-privacy-law-qa/index. html (Accessed: 19 October 2012) The official website of The British Monarchy, (2007), the role of the Royal Family. [Online]. Available: http://www. royal. gov. uk/MonarchUK/HowtheMonarchyworks/TheroleoftheRoyalFamily. aspx [Online]. Available:

Business Law Cases Summary

Offer ( Topic 3) Is a proposal the acceptance of which establishes the existence of an agreement. It shows a promissory intent. In other words, it is a promise to do or refrain from doing something. – Usually upon condition that the other party agrees to do or refrain from doing something else in return. – Harvey v. Facey Harvey sent to Facey a telegram to buy Bumper Hall Pen. He asks Facey to telegram the lowest price. Facey telegram the lowest cash price ? 900. Harvey says agree to buy for ? 900.Principle: Offer is more than a mere supply of information – Offer must show promissory intent – Australian Wooden Mills v Commonwealth in where the government †offer† did not ask anything in the return – Offer is not Invitation to treat and must be distinguished from ITT Invitation to Treat Is an action by one party which may appear to be a contractual offer but which is actually inviting others to make an offer of their own. Invitation to tre at lacks of promissory intent 1. Boots Case (Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Southern) Ltd) Self servicePS sued Boots cash for breach of pharmacy and poison act by selling certain poison not under supervision of registered pharmacist as boots cash is a pharmacy in a self service basis. However, there is one registered pharmacist in the cashier check out point. Principle: In the self service system, the offer is made by customer at the checkout point of sales while the acceptance is made by the cashier at the checkout point of sales as well. 2. Fisher v. Bell Shop Window Bell selling the flick knife which is showed in the window displayed. Bell was sued for offering the knife which is prohibited at that time by tatute. Principle: The display of an article with a price on it in a hop window is merely an invitation to treat. ITT can be an offer if: – Show promissory intent – Limited to who can accept – Limited to what can be accepted Offers to the World At Large Offers that are not directed to any specific person, but to anyone who becomes aware of them. 1. Carlill v. Carbolic Smoke Ball Carbolic smoke ball advertise promised reward to anyone who contracting influenza after using their product. To show the seriousness, they placed money ? 1000 in account. Mrs C used it and contracted influenza.Principle: An offer can be made to the world at large. The contract is made to limited portion of public, who perform the condition on the advertisement. And it show promissory intent. Offer must be communicated Offer becomes effectives if it is communicated and there is meeting in mind when they accept it. However, offeree must be aware of its existence and terms. 1. R. v. Clarke Reward for information about murder of 2 policemen. Clarke was arrested and to save himself, he gave the information. Principle: Offer must be accepted with the knowledge of the offer. Respon to Offer Accept – Clarify – Counter Off er – Reject – Do Nothing Counter Offer Rejection of the original offers which make the original offer to an end, and form a new offer. If the Counter Offer being rejected, the original offer will not revive, unless the offeror renew it. 1. Hyde v. Wrench Wrench made an offer to sell his farm to Hyde for ? 1000. Hyde says that he will pay ? 950. Wrench says no, and Hyde say want to pay ? 1000. Principle: Counter offer resulting the original offer to end. It is rejection of the first offer. Counter offer must be distinguished from mere inquiry . Stevenson Jacques v. McLean McLean made an offer to SJ to sell certain iron. In reply, SJ write â€Å"will accept 40 over 2 months†. As it is no reply, SJ write again to accept the 1st offer. Principle: Seeking clarification is not counter offer, but mere inquiry. Only the offeree who are directed to accept the offer by the offeror 1. Boulton v. Jones Jones places offer with old chum Brocklehurst. Boulton had taken over th e business and he filled the offer. Jones refused to pay. Principle: Only the person to whom the offer is directed can accept. Revocation by OfferorRevocation is not valid, unless it is communicated to the offeree. Revocation is valid before acceptance. Purported revocation after acceptance has been communicated is a breach. 1. Dickenson v. Dodds Dodds made an offer open until 9 am on the 12 June. On 11, Dodds sell the house to B, and B has told Dickinson. On 12 at 9 am, Dickinson comes bring the acceptance. Principle: The offer can be revoked indirect or via conduct. Acceptance (Topic 4) Is an absolute and unqualified assent to the terms of the offer, made in the manner specified or indicated by the offeror. 1. Master v. Cameron Masters want to buy Cameron farms.They make a document, signed by both party, indicating the future formal contract to buy the farms. Masters having financial difficulties to buy the farms and sued by Cameron. Principle: Agreement to agree later can’ t be force able. (Condition 3) Conditional Acceptance is not acceptance. Condition can be precedent or subsequent 1. Parties reach agreement but want terms to be written down 2. Parties reach agreement but performance subject to formal agreement 3. Parties didn’t intend to reach agreement subject to formal contract Subject to acceptance is not acceptance at all Manner of acceptance – Stipulation of the offeror Ought to be the same mode as the offer o If stipulated as the only mode, then must comply, otherwise should be equally or more advantageous. 1. Eliason v. Henshaw Eliason made an offer to buy flour from Henshaw and stated to reply by wagon. Henshaw is reply by post. Principle: if the method had been stipulated, it must comply otherwise, more advantageous. Postal Rule states that where acceptance by mail is contemplated, acceptance occurs immediately when the letter is posted RULES: Acceptance is complete when a properly addressed and stamped letter of acceptance is dropped in the mail box 1. Adam v. Lindsell nd Sept, Lindsell posts offer to sell wool, and requires acceptance â€Å"in the course of post†. On 5th Sept, the offer received by A, and posted it. On 8th Sept, L sold wool to X. On 9th Sept, A’s acceptance arrives. Principle: An acceptance is complete as soon as it is properly posted. Negating Postal Rule By using the term as â€Å"acceptance must be received by† or application close 1. Nunin Holdings v. Tullamarine Estates Nunin offered to buy a land from Tullamarine, via post. On May ’88 Nunin sends offer to purchase land. On June 16 Tullamarine sends a contract. On 5 September Nunin signs and mails back.On 12 September Tullamarine signs and sends back. On 13 September Tullamarine attempts to revoke before Nunin receives mail. Nunin had indicated at the start that the postal rule did not apply as it was stated in the mails on 5 September that the circumstance was receipt of the identical executed part, not its posting. Principle: The Postal Rule can be negated if this is made clear at the start of negotiations. Instantaneous Communication Postal rule didn’t apply in here. Acceptance By: Telex, Fax, E-mail, Web Form is not effective by simply sending it. The offeror must receive the acceptance then the contract can be formed. . Entores v. Miles Far East Co London co makes telex offer to Amsterdam co. Amsterdam Company accepts via telex. A contractual dispute arises. Principle: With instantaneous communication, the contract is complete as soon as the acceptance is received and at the place where it is received. Silence cannot be stipulated as the required manner of acceptance. 1. Felthouse v. Bindley F offers to buy a horse for ? 30/15/. â€Å"If I hear no more – I’ll consider the horse mine†. Principle: An offer cannot stipulate silence as a manner of acceptance, and acceptance requires positive mental assent.Acceptance can be communicated by conduct or words. 1. Brogden v. Metro Rail Written offer drawn up and sent. It never specifically accepted, but subsequent dealings were according to its terms. Principle: Acceptance can take the form of conduct. Intention (Topic 5A) The Presumption is with purely domestic, social, or voluntary arrangements it is presumed that the parties do not intend to create a legally enforceable agreement. Domestic 1. Balfour v. Balfour Husband agrees to pay monthly allowance ? 30 to wife while they are apart. Husband fails to pay & wife sues.Principle: A domestic arrangement is not intended to have legal effect. However the presumption can be easily rebuttable. 1. Wakeling v. Ripley Family give up job and move to live with wife’s brother. Brother promised to leave them his property. Dispute arises & Brother reneges on the promise. Sister & husband sue Brother for breach of contract. Principle: A definite agreement in serious circumstances will rebut the presumption. 2. McGregor v. McGregor Husband and wife issue assault charges against each other. They agree to settle the maintenance payment, living apart, etc. They are still legally married.Husband fails to pay maintenance. Principle: An agreement between husband & wife can be binding if they intend it to be a legally enforceable contract. Business & Commercial Such agreements are presumed to have the intention to be legally binds, however the presumption can’t be easily rebuttable. 1. Carlill v. Carbolic Smoke Ball Contents (Topic 6) [pic] The Parol Evidence Rule Where a contract is reduced to writing and appears to be entire, it is assumed that all the terms of the contract will be contained in it and No extrinsic evidence can add to or vary the written contract 1.Henderson v. Arthur Written lease of theatre with rent of ? 2,500 p. a â€Å"CASH†. T paid by cheque because the L had verbally stated â€Å"Don’t worry, a cheque is okay†. L sued for late rent payment. T said he paid by cheque but L now refused it. Principle: No extrinsic evidence can add to or vary the written contract. EXCEPTIONS: Partly written, partly oral contracts 1. Van Den Esschert v. Chappell Before Signing Contract To Purchase A House C Asks â€Å"Is The House Free Of White Ants (Termites)? † Van de Replied â€Å"Yes Of Course. If There Had Been Any I Would Have Taken Steps To Eradicate Them. Written Contract Makes No Mention Of â€Å"White Ants†. The House Turned Out To Have Termites Principle: Partly written and partly oral contracts don’t apply on Parol Evidence Rule. Sometimes A Verbal Term Can Be Included In The Contract, If It Doesn’t Contradict The Written Part. Nothing mentioned in the contract about the white ants Oral statement Representation or Term Representation Oral statement that is not intended to be bind Terms Oral or written statement that are intend to be bind Factor to decide it is term or representation – Time lapse before contracting – V erbal or Written Special knowledge or skill – Importance of the statement 1. Oscar Chess v. Williams W purchased a car from O, a registered dealer. He traded in his â€Å"1948† Morris (? 290). It turned out to be A 1939 Morris (? 175). The dealer sued for the difference in trade in values (? 115). Principle: The buyer does not have special skill or knowledge in car. Therefore, it is a representation as the dealer is supposes to know it better. 2. Dick Bentley v. Harold Smith Dealer wrongly stated that a vehicle â€Å"has done 20,000 miles† since the engine & gearbox was replaced. But it was more like 100,000 miles.Principle: The buyer relied on the special knowledge of the dealer. The dealer was in a position to know the true mileage. [pic] Condition Major Breach Going â€Å"To the Root of the Matter†. Non-breaching Party May: – Terminate The Contract. – Elect To Continue. – Sue for Damages. 1. Poussard v. Spiers P, an opera singer en gaged to perform from 28th Nov. P, falls ill & cannot attend until 4th Dec. Opening night is 28th. On 25th S&P hire another singer. Principle: Attending the night party is the root of the contract. Where a breach goes to the root of the matter, there is a breach of condition term.Warranties Minor Breach not going to the root of the matter. Non-breaching Party May: – Sue for Contractual Damages. – Not elect to terminate the contract. 1. Bettini v. Gye B, an opera singer contracts for 3 month season & to arrive for rehearsals 6 days before opening night. Due to illness B showed up only 2 days before. G terminates & sues for damages. Principle: A clause, not vital to the completion of an agreement is a warranty; (B was available for all performances). Innominate Term A term which is capable of either a major or minor breach. Major Breach => Can terminate the contract.Minor Breach => Payment of compensation. 1. L Schuler AG v Wickman Machine Tool Sales Ltd W contracts with S to sell S’s Machinery and to visit customers once a week. Contract describes the weekly customer visits as a â€Å"condition†. Machinery is sold but weekly visits do not happen. S terminates the contract & sues for damages. Principle: The weekly visit term was capable of major and (as in this case) minor breach, so it was innominate. The status of contractual terms is a matter of fact, not mere description. Effect of Signature Someone who signs a document is DEEMED to have read understood and agreed to its contents. . L’estrange v. Graucob L purchased vending machine signed but did not read contract. Machine defective but contract basically said â€Å"not responsible for defects†. Principle: If you sign something, then you have read, understood and agreed to it. There was no fraud or misrepresentation. L could not bring an action for breach of contract. Effect of Signature exception: 1. Misrepresentation. 2. Document does not appear contractual. 1. Cur tis v Chemical Cleaning & Dyeing Co C took a wedding dress to CCD for dry-cleaning. C asked to sign a receipt excluding CCD from damage to buttons & sequins.The receipt contained an exclusion from any liability whatsoever. The dress was returned stained & C sues. CCD tries to rely on the printed & signed receipt. Principle: Misrepresentations create an exception to the signature rule. Exclusion Clause Contract terms which excludes or limits the liability of one party. Where an exclusion clause in a â€Å"non-contractual† (not expected to contain terms of the contract e. g. voucher) a reasonable notice of the clause at that time of contracting will render if enforceable BASE RULE: If the exemption clause is in a signed document, it is binding. 1.Causer v. Browne Printed on a dry cleaning ticket: â€Å"NO RESPONSIBILITY FOR DAMAGE TO ARTICLES â€Å". C handed in frock which was returned damaged. C sues. Principle: The document was non-contractual in nature. A reasonable perso n would not expect to find contractual terms on it. 2. Thornton v Shoe Lane Parking Ltd T parked his car in an automatic car park & received a ticket. Sign at the entrance listed terms of use. One was â€Å"cars parked at owners’ risk†. Ticket referred to the terms of use. BUT notice was small and not conspicuous. T seriously injured when collecting his car & sues car park.Principle: T’s attention was not brought to the specific existence of the clause in a way that could be described as reasonable. Ticket was also issued when T could not revoke his offer. Furthermore, this was T’s first use of the car park. 3. Olley v Marlborough Court Ltd O booked in to hotel & paid for 1 week’s stay in advance. When O got to the room there was a sign on the wall disclaiming liability for loss of personal effects. O’s personal effects were stolen & O sued the hotel for the loss. Principle: A clause that is notified after the contract is formed is not part of the contract. Doctrine of Privity (Topic 7b)A person cannot incur obligations or gain rights under a contract to which they are not a party. Beneficiary can’t sue 1. Tweddle v. Atkinson On engagement, father & father-in-law agree to each pay the future husband ? 100. The father-in-law didn’t pay. Principle: â€Å"†¦ no stranger (to the contract) can take advantage of it, although made for his benefit†. Therefore, he can’t sue his father in law. Execption: Joint Promises 1. Coulls v. Bagots Executor Mr. Coulls made an agreement with O’Neil to quarry Coulls’s property, and to pay the royalty to him and to Mrs. Coulls. Not long after, Mr. Coulls dies.Principle: The contract must have been made with you as well as the other party even though the other party didn’t contribute any consideration, contract still exist. Mrs. C was not a joint promisee. If she is, then she can claim Property Law Act 1969 Where a contract expressly in it s terms purports to confer a benefit directly on a person, who is not named as a party to the contract, the contract Is†¦ Enforceable by that person in his own name but every person named as a party†¦ shall be joined to the action. Must have 2 Conditions: – Has be name beneficiaries in the contract – Join in the legal action 1.Westralian Farmers v. SMP Sale of stock from K to SMP. Contract requires SMP to pay commission to WF. Principle: S. 11 (2) PLA enables WF to sue if K is also named as co-defendant. It is also known as â€Å"joining†. Therefore WF entitled the commission. Termination (Topic 9) a. Discharge by performance Contract can be terminated when obligation (paying, transferring or other act of service etc. ) is performed: as agreed in the contract and within the time agreed. General Rule: Performance must be exact to be effective 1. Cutter v Powell Seaman signs on from Jamaica â€Å"†¦ To the port of Liverpool†¦ † He died a bout 3/4 of the way.The widow wants to claim the ? of his pay. Principle: The performance of a contract must be exact to be effectively discharged. It is an â€Å"entire† contract Exception: a. Where the contract is ‘divisible’ Divisible contract is a contract in where instead of doing for entire contract we can do it divisibly. b. The doctrine of substantial performance Pay full amount but subtract some amount to ratify the service. (Was treated as performed and payment was reduce for work not done) 1. Hoenig v. Isaac Contract is made for redecoration of flat for ? 750. Work was not done satisfactorily and cost ? 55 to repair.Principle: If contract is substantially performed then subtract the cost of fixing it. The contract is performed even it is partially defective. Therefore, ? 750-? 55 b. Discharge by Frustration Frustration = an intervening, dramatic situation rendering performance impossible or radically different from what the parties had in mind. A perso n was required to carry out their contract, no matter what 1. Paradine v. Jane P leased land to J. J was dispossessed by an invading prince. J refused to pay rent. Principle: Parties, who voluntarily enter into contracts, must perform all their obligations irrespective of what happens.They are â€Å"absolutely liable†. Therefore, J must pay the land, even though he is not occupy the land Because there are unfair things happen in Paradine v Jane case, therefore some exception in frustration is applied. It is apply because a. Contract is impossible to perform because of an event b. Nobody’s in the contract are fault c. Note ‘unforeseeable’ here means not provided for in the contract, not ‘impossible’ 1. Taylor v. Caldwell Fire burns down concert hall. The promoter does not have to continue to pay rent Principle: When, without fault of any party. The subject matter of the contract ceases to exist.The contract is discharged by ‘frustrationâ €™. Therefore, no more rent fees. 2. Krell v. Henry Contract was made to hire a flat for 1 day, to view the coronation procession of Edward VII. Coronation postponed. Principal: Where the entire basis of the contract does not occur the contract is discharged by frustration. Therefore, rent is not paid. 3. National carriers v. Panalpina LTD P leased a warehouse from N for 10 years. Road closed for 20 months. P refused to pay rent for those months. Principal: The purpose could still be substantially achieved, performance was not radically different.The contract was not frustrated. Therefore, the rent should be paid. Remedies 3 basic of remedies; 1. Discharge (for material breach) Contracts can be discharged if a breach is material. But – make sure it is actually a breach and not performance or frustration. 1. Green v Sommerville G contracts to sell land to S – settlement fails when S has no funds. Later G rents property to S in anticipation of settlement – 6 m onths later G rescinds the contract. Principle: the right to rescind not available. Conduct of G amounted to affirming the contract. The contract was enforceable against G by S. MATERIAL: Justifies election to terminate – MINOR: Substantial performance. Does NOT justify termination by the innocent party. 2. Damages (for material or minor breach) Is a monetary compensation for loss caused by the breach. Breach can be: – MATERIAL: Breach of Condition or major breach of innominate term. – MINOR: Breach of Warranty or minor breach of innominate term. Rules of Damages – Must not be too remote. – Are compensatory / quantum, (calculation), of damages. – Must be mitigated. – Can be pre-agreed a) Rule of Remoteness For damages to be recoverable the loss must: a) Arise naturally from the breach {be reasonably foreseeable} – given reasonable current standards†¦ or: (b) Have been contemplated as a probable result of the breach 1. Hadl ey v Baxendale A contract made for the transportation of a crankshaft. It was breached by delay. Mill shut down for longer than expected, production lost. Principle: the mill owner can’t claim the profit on the lost production. Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as might fairly and reasonably be considered either: . arising naturally, that is, according to the usual course of things, from such breach of contract itself, or b. Such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it. † Because the carrier did not know the machine was a vital part of the mill, he did not see it as probable that the mill would close down. Therefore he was not liable. 2. Victoria Laundry v. Newman Laundry buys boiler. Delivery required in June. Laund ry begins negotiating for lucrative new dyeing deal.But delivery delayed until November. Deal lost. Principle: ‘type’ of losses must be foreseen as a ‘serious possibility’. Therefore, the laundry can claim lost production, not lost new deal. Quantum of Damages Means the calculation of damages (Main Principle) The injured party is entitled to be placed in the same position that they would have been in if the contract had been performed†. *Damages compensate for loss suffer 1. Commonwealth v. Amann Aviation Contract was made for coastal surveillance. AA sets up, modifying planes, training staff etc, but wasn’t ready on time to start contract.C terminated, but being a breach of warranty only, C’s termination is not justified – placing C in breach. Principle: The injured party is entitled to be placed in the same position that they would have been in if the contract had been performed†. Therefore, the damages is awarded *Damages can be awarded for loss of a chance 1. Howe v. Teefy Lease of a racehorse for 3 years. Owner takes horse back after 3 months. Principle: Just because losses are â€Å"extremely difficult to quantify† doesn’t mean they won’t be ordered. This is â€Å"Loss of a Chance†. Therefore possible lost prizes can be claimed. Damages can’t be claim from loss of enjoyment or entertainment unless the fruit of the contract say so 2. Baltic v. Dillon Cruise liner sinks. Passenger sues for damages for disappointment & distress. Principle: While such damages are not usually given, this contract is to provide a relaxing holiday. This was the essence of the entire contract i. e. â€Å"†¦ The fruit of the contract is not provided†¦ † Therefore, the passenger can sue for disappointment and distress. *Damages must be mitigated Reasonable steps must be taken to minimise the loss. *Damages can be pre-agreedLiquidated damages arise from the parties agreeme nt to pay stated sum in the event of breach as long as it is a genuine pre-estimate and not a penalty 1. Dunlop Pneumatic Tyre Co Ltd. v New Garage & Motor Co. Ltd. D contracts with N to supply tires provided that N will sell them at D’s preferred price. Contract provides that damages will accrue to D in the amount of ? 5 per tire for each tire sold below D’s price. Principle: The amount stated was a genuine pre-estimate of the loss to D. therefore, the clause is not penalty. Equitable remedies SPECIFIC PERFORMANCE Court order to carry out some act (perform the contract).It is not available in many circumstances. 1. Green v Sommerville G contracts to sell land to S – settlement fails when S has no funds. Later G rents property to S in anticipation of settlement – 6 months later G rescinds the contract. Principle: No two pieces of land are identical. G affirmed the contract & it should be performed as agreed. Damages will not compensate adequately. INJUNCT ION Court order prohibiting some act (breaching the contract). Not available in many circumstances. RESTITUTION â€Å"Quantum meruit† – â€Å"as much as he has earned†. No-one should benefit from â€Å"unjust enrichment†. Not available to a party in breach.

Hebrew and Islamic Mythology Essay

While science and religion are notorious for their contentious and often violently contrasting relationship, they bear much in common in their agenda. Both set out to provide explanations for the world’s mysteries. And as such, they also share a large hand of unanswered questions. Perhaps chief among them, the question of the earth’s creation, and by extension, man’s ascension to awareness, is one with very few empirical explanations. And in an absence of any conclusive evidence, theories abound from all camps. A common thread in history’s chapters, myths regarding the Earth’s conception provide insight into the lives and cultures of their respective societies. In western society, the Judeo-Christian anecdote is easily the most well-known. This story is the primary creationist mythology for many monotheistic sects. Herein, God creates the earth in six days, with man arriving on the last. On the seventh day, the omnipotent rests and thus, delivers man the Sabbath. However, in the centuries that preceded the inflection point where monotheism began to take popular hold, polytheistic idolaters provided the most commonly held ideas about the earth’s origin. One of the earliest examples of the literate and elaborated nature that these myths could take on comes from the rich tapestry of Greek mythology. The Greeks were idol-worshippers who had developed a complex and extremely colorful cast of gods. Though not omnipotent like the Judeo-Christian almighty, these gods were believed to possess real and considerable power over the lives of their human subjects. The Greek myth of creation is an exposition of that relationship. It was believed that, prior to earth, there was nothing but darkness. And amid this darkness, the only object was a black-winged bird called Nyx. This bird, alone in the void, was impregnated by the wind. (Note the parallel to the immaculate conception of Christ. ). As a result of this cosmic union, she yielded a golden egg, which she proceeded to roost upon for many thousands of years. Eventually, this egg hatched and the god of love, Eros, sprang forth. Just as Eros was born, so too were his siblings, whom he was given the honor of naming. They were the upper and lower halves of his shell, which rose to the air and sank to the ground respectively. They became the sky and the earth. Eros called them Uranus and Gaia and blessed them with love. This love resulted in children and grandchildren who would blossom into twisted, war-bent gods whose better judgment would be often blinded by a hopeless quest for power. A first-generation child of Gaia and Uranus, Kronus took a wife in Rhea and produced many children, whom he grew to fear immensely. Kronus, a problem-solver by nature, swallowed his children while they were still infants, thus preventing what he considered to be the inevitable threat of usurpation. The youngest of his sons, however, was also the most beloved to Rhea so she deceived her husband into consuming a rock in the child’s place. This youngest child, Zeus, would grow strong in manhood and ultimately bring to realization Kronus’ greatest fear. Zeus liberated his brothers and sisters from his father’s malicious and all-consuming grasp. Then he led them to revolution, waging a war against the tyrannical god. In their victory, they turned their benevolent attention to the great creations of Nyx. The gods began to populate Uranus with the stars thus creating space. They began to furnish Gaia with life, thus birthing nature. After creating the appropriate backdrop, the gods recognized that the earth was correct excepting its want for animals and humans. Zeus set to the task his sons Prometheus and Epimetheus, whose names translate literally to mean forethought and afterthought. This provides some interesting insight, perhaps, into the Greek perspective about man’s intellectual capacity and eventual self-awareness. In addition, it offers literal details about the unique abilities and idiosyncrasies that mark the species which populate the earth. When assigned to the job of designing creatures, the brothers were given a variety of gifts to offer their creations. While Epimetheus set upon the task of creating the animals and awarding them all with gifts, Prometheus carefully sculpted man to be in the image of the gods. (Again, man’s definition as being in the image of god holds much in common with Judeo-Christian creationism). When he completed his task, he found that Epimetheus had given away all the gifts, leaving humankind with the shaft. Prometheus sought to rectify the matter by stealing a trace of fire from the setting sun and giving it to man. When Zeus awoke to find man in possession of that which was to belong only to the gods, he was furious. He punished Prometheus to an eternity stapled to a tree, having his liver chewed on by vultures. But the damage was done. Man had been created and given the power of fire. There is a great deal more to Greek mythology, as with the bible. The role of the gods takes on a wide array of purposes, gradually divining all of man’s vices and virtues. But in the story of the earth’s creation alone, there is much illumination. The Greek legend begins to tell part of the story of Greek culture insofar as it offers some true self-examination. In this story of violence, deception and a natural tendency toward roguishness, the Greeks provide a piercing look into a psyche long since perished from the world. Surviving with far greater ideological intensity are those creation myths driving modern faith. The traditional structure of the dominant monotheistic faiths incorporates a narrative regarding the creation of earth and man into its formative doctrines. Herein is typically contained an originating explanation for the relationship between god, man, heaven and earth that provides grounding for the entirety of the faith’s sacred text. This is a fundamental commonality between the texts of the Hebrew Bible and the Holy Qur’an, both of which dedicate significant portions of their second chapters to delineating the story of the first man. It is striking to compare the passages concerning the creation of the first man as they appear in the two texts. Though today Judaism and Islam function almost as antecedents to one another, with their practitioners often viewing their respective texts as placing them into diametric and practical opposition of one another, these passages provide evidence of their common derivation. The creation myths of the two religions suggest that their political, social and cultural differences today may stem from the nuances therein, which had the effect of placing their interests in close confines with one another while arming them with divergent perspectives on how best to achieve said interests. The details surrounding God’s deliverance of Adam to the Garden are essentially the same according to the two texts, but the wording of each calls for closer speculation. In Genesis, the first book of the Hebrew Bible, God follows his work of creating the heaven and the earth by creating man: â€Å"Then the LORD God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul.. † (Gen. 2:7) From here is taken a substantial assumption in the Judeo-Christian faith which proceeds from it, that man is created in the image and likeness of God. The breath of God, this passage indicates, circulates in the body of every man, suggesting a responsibility to godliness for all of us. The Qur’an, in its recognition of the same deliverance to the Garden, paints a different image in acknowledgment of God’s endowment of life. In keeping with a prominent thematic impulse of the Qur’an, convicting its readers to note the distinction in fates for believers and nonbelievers, the phrase depicting Adam’s creation is posed with a similar connotation: â€Å"How do you deny Allah and you were dead and He gave you life? Again He will cause you to die and again bring you to life, then you shall be brought back to Him. † (Koran, 2:28) This is a passage which demands not just belief in the creationist role of Allah but also a devotion to eradicating or combating non-belief. More explicitly and ideologically pertinent though, it carries with it a description of the process of reincarnation. Man, in this passage, is described as an entity being fully at the mercy of God within the bonds of the creator-to-created relationship. And where the berth into God’s image, held in the Hebrew Bible, ultimately predisposed man to divine immortality, this infinitude is represented differently in Islam. The overtones of reincarnation here suggest that man is not considered to be made in the image of God, nor even an element of the earth as also implied by Genesis 2:7, but is a soul perpetually disposed to take forms according to the will of Allah. This does not necessarily indicate a fundamental difference in the dispositions of the gods in question, Yahweh and Allah in the bible and Qur’an respectively. In Genesis, there is an articulated statement regarding God’s willingness and right, as creator, to snuff out his subject for transgression of his law. At the time, this law was constituted summarily of one directive in which â€Å"the LORD God commanded the man, saying: ‘Of every tree of the garden thou mayest freely eat; but of the tree of the knowledge of good and evil, thou shalt not eat of it; for in the day that thou eatest thereof thou shalt surely die. ‘†(Gen. 2:16-17) These foreboding words are those which assured our mortality on an earth characterized as the forum for exile from the Garden. The air which god breathed into us through Adam’s nostrils would, as God promised, be the price paid for partaking of the fruit. This fall from the grace of godly immortality would define the nature of man’s life-cycle, and by extension, theoretical concepts such as time and space and spiritual assumptions about death and the afterlife. God’s proposition to Allah as depicted in the Qur’an is not endowed with the same consequence, perhaps a product of the initial divergence between the two texts with regard to the fundamental construct of man in relation to his god: â€Å"And We said: O Adam! Dwell you and your wife in the garden and eat from it a plenteous (food) wherever you wish and do not approach this tree, for then you will be of the unjust. † (Koran, 2:35) The fall from grace is described quite differently here, with man incurring no such threat as explicit as a certain death. This is a condition already possessed of man in the passage concerning his formation. It is not a punishment but a state of being given grounded in man’s relationship to Allah. Original sin is still a common element to the doctrines of the two faiths, but its consequences appear as quite different actually. In the Hebrew Bible, the serpent is a creature which plays the role of deceiver and, by metaphorical extension, the antithetical and fundamentally evil counterpart to God’s unchanging benevolence. This is contrasted by the Qur’an’s direct address of a Satan figure, a development affirming its composition as having occurred at a far later date than that of Genesis: â€Å"But the Shaitan made them both fall from it, and caused them to depart from that (state) in which they were; and We said: Get forth, some of you being the enemies of others, and there is for you in the earth an abode and a provision for a time. † (Koran, 2:36) A punishment dealt herein concerns man’s occupation of earth as a home, with God endowing it only a finite capacity to host mortal life. Again, the contrast between the implications to man’s punishment for Original Sin in the two texts can be traced to the contrast in man’s assumed composition. In the Hebrew Bible, God punished Eve and her offspring to a perpetuity of painful childbearing â€Å"and unto Adam He said: ‘Because thou hast hearkened unto the voice of thy wife, and hast eaten of the tree, of which I commanded thee, saying: Thou shalt not eat of it; cursed is the ground for thy sake; in toil shalt thou eat of it all the days of thy life. † (Gen. 3:17) In this passage, a fundamental difference in perspective is illuminated, that man’s lot, to toil on the land, is a punishment profoundly connected to his violation of God’s will and his organic relationship to the soil. Where the Garden of Eden was a sanctuary at Adam’s disposal, the Earth would be his responsibility and his shackles. His mortality would be profoundly chained to his capacity to manage the earth. Where Islam casts its subjects as inhabitants of a land inevitably bound to eventually leave them to resource-deprived oblivion, Judaism confines its followers to a eternity of suffering knowledge of the earth’s hard reality. God tells Adam of this fate as being a mixed blessing, with the knowledge equally capable of delivering him to pain and pleasure, â€Å" for God doth know that in the day ye eat thereof, then your eyes shall be opened, and ye shall be as God, knowing good and evil. ‘† (Gen. 3:5) In a way, this is a complete fulfillment of man’s emulation of the creator-image just as it is the downfall from godliness. Indeed, the serpent cavorts Eve by telling her that she and Adam will be endowed with knowledge and fortitude, and be gods themselves. In exchange for this transgression, god casts man without guidance into the desert abyss. This is contrasted by the denouement of original sin in the Qur’an, where Allah casts his children out but does so under the auspices of mercy: â€Å"We said: Go forth from this (state) all; so surely there will come to you a guidance from Me, then whoever follows My guidance, no fear shall come upon them, nor shall they grieve. † (Koran, 2:38) Here, God reaffirms his commitment to man even in his failing, offering him an unconditional love as sanctuary for the pain and suffering of the land. The intricacies that differentiate the two texts offer a useful set of variations on a creation story that is highly associated with the evolution of monotheism. Particularly, the mutual centrality of the texts on man’s role and purpose in the earth’s creation and the heaven’s sanctity illustrates the capacity of each to elucidate its pursuant culture’s views on God’s divine plan for humanity. Bibliography: Fahs, Sophia Lyon, Spoerl, Dorothy T. Beginnings: Earth, Sky, Life, Death. Beacon Press. Boston. 1965. Freund, Philip. Myths of Creation. Washington Square Press, Inc. New York City. 1965. Koran Text. (1997 edition). The Holy Qur’an. University of Virginia: Online Book Initiative. Online at Masoretic Text. (JPS 1917 Edition). A Hebrew-English Bible. Mechon Mamre. Online at

How is Iago Presented In Act 1 Of “Othello” Essay

â€Å"Othello† was a play written by William Shakespeare in 1603. This play is a tragedy written in iambic pentameter, with a noble hero named Othello and a devious villain called Iago. Iago changes the story for the worst as he causes Othello to commit suicide and murder his loyal wife because of his fatal flow which is jealousy. The opening of the play confuses the audience for Iago and Roderigo are arguing over Desdemona. The audience may also be confused for they don’t know who the characters are and why they are having this discussion. The confusion and chaos in the play is related to when Queen Elizabeth died for this is how the country felt at the time and were in the middle of a controversy. They may also be shocked when the performance first starts for on stage would have been the first black male performer as there was a lot of prejudice at the time. Act 1 scene 1 begins with an argument between Iago and Roderigo as this was an effective way to start a play as it gets the audience hooked, because they want to find out what they are arguing about. Iago is Shakespeare’s villain and the audience almost immediately become aware of this hence he has been taking money from a character named Roderigo. This is because Iago was accepting money from him to try and persuade Desdemona to meet Roderigo. We can show this for he says â€Å"That thou, Iago, who hast my purse as if the strings were thine†. This shows that Iago can manipulate people very easily he feels he is like a puppeteer been able to have control people. This may make the audience feel sympathetic for Roderigo because he has been duped by his trusted friend. Shakespeare is presenting Iago immediately in a negative light for he contrasts him with the well spoken Roderigo. We also know that theatre was the best kind of entertainment in the early 1600s. However, also in act I scene I, Shakespeare allows the audience to feel some sympathy for Iago because he loses his position of lieutenant to Michael Cassio. We can show this as he says â€Å"I have already chose my officer.† And what was he? Forsooth, a great arithmetician,. One Michael Cassio, a Florentine. That never set a squadron in the field, nor the division of a battle knows more than a sinister-unless the bookish theatrics†. At this  part the audience start to feel sorry for Iago because it should have been him who got the promotion. Othello knows that Iago can fight well in battle as it quotes â€Å"And I of whom his eyes had seen the proof at Rhodes, at Cyprus and on other grounds†. This makes the audience confused on why Othello gave the position to Cassio and not Iago. In the text it says â€Å"Forsooth, a great arithmetician† showing that Cassio is intelligent, however not strong in battle. In the first scene, Iago states â€Å"It is as sure as you are Roderigo, Were the moor, I would not be Iago, In following him, I follow myself† which is showing that he doesn’t follow Othello’s orders and makes his own decisions in what he thinks is right. Later, he says â€Å"I am not what I am† which insists that he is following Othello as a loyal, honest friend when the audience, myself and Roderigo know the true side to him. This is shown because Iago and Roderigo wake Brabantio up in the middle of the night by shouting vulgar comments at his window. They awake Brabantio by saying â€Å"Awake! What, ho, Brabantio! Thieves! Thieves! Look to your house, your daughter, and your bags! Thieves! Thieves!†. This shows the audience that they both have no respect, even though Brabantio is a senator. We know this because Iago says to Roderigo â€Å"Do, with like timorous accent and dire yell as when, by night and negligence, the fire is spied in populous cities†. This shows the audience that Iago can get people to do anything he wants them to do, backing up the point that he is like a puppeteer. By awaking brabantio in the middle of the night and saying â€Å"Look to your house, your daughter†, it would make him check that Desdemona is in the bed, but as she is absent from the house, this would expose desdemona’s secret to her father. The audience would also feel shocked and disgusted in Iago and Roderigo for they are grown men and are showing a low level of maturity. Iago later shouts â€Å"Even now, very now, an old black ram is tupping your white ewe† insisting that Othello and Desdemona are having sexual intercourse at this moment in time. The audience can now see that Iago is rude, arrogant, foul mouthed and has low social class. In this scene Shakespeare presents Iago as a devious and manipulative man. One way he does this is that Iago sets up a confrontation between Roderigo and Brabantio, then slyly walks of leaving Roderigo to bear the brunt of  Brabantio`s anger. However, Iago’s ultimate aim is to get revenge on Othello because he gave his promotion to Michael Cassio, even though he is far better in battle and has proved this when Iago says â€Å"Of whom his eyes had seen the proof at Rhodes, at Cyprus and on other grounds†. This shows that Othello has seen that he rightfully deserved the position of lieutenant. In act I scene I, Iago is twisting Brabantio’s mind and poisoning it with hatred towards Othello in order to make Brabantio urge to cause trouble for him. I think this shows the audience that Iago being cowardly because instead of facing up to Othello and speaking to him about his disagreement for he makes Brabantio and Roderigo work for him. He does this so he doesn’t get his trust put into question by Othello. This could also lead to him being called a traitor. He is also represented as being manipulative with this quote, â€Å"As if the strings were thine† saying that he is like a puppeteer with control over whoever he chooses which later in the play, his skills will pay off as his plan comes into action by getting everyone against each other and it results in mass murder though suspicious Iago aroused. In addition, right at the end of act I scene I, Iago directs Roderigo in the direction of Othello making him in control of the situation showing how easily manipulated Roderigo is. Pace is built throughout the beginning of the first scene when Iago is making long speeches and rants about Othello. The pace rapidly increases when it gets to the point where Roderigo is under Iago’s spell and is convinced by what he is saying. This is when Iago encourages him to tell Brabantio about Othello and Desdemona, â€Å"Call up her father, rouse him†. As soon as Roderigo agrees and begins to wake Brabantio, Iago’s confidence rises as he knows he has accomplished the first part of his devious scheme to get revenge on Othello. Tension is built during the first part of the scene when Iago is giving his monologue, it is an emotional speech and Roderigo learns a lot about him from it. For example, when he says â€Å"I wear my heart upon my sleeve†, we know he is not an honest, decent person. It is tense because Roderigo is confused about what to say as he is intimidated by Iago who is very arrogant and proud of himself. Towards the end of the scene, t he tension has eased and no one is anxious anymore because everything that needed to be said, has been. So in act I scene I, Iago isn’t everything he starts off as being represented as it would seem. We begin to believe his ploys of innocence and then they are greatly subverted and changed. Everything we are led to believe changes in minutes of reading as pity turns to hate, and friendship turns to duplicity and manipulation.