Tuesday, September 15, 2020

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Friday, September 11, 2020

Best Custom Essay Writing Service

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Wednesday, September 2, 2020

Essay Writing Service At $7

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Friday, August 28, 2020

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Wednesday, August 26, 2020

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Tuesday, June 2, 2020

Temptation in The Lord of The Rings - Literature Essay Samples

Temptation is a central theme in J.R.R Tolkiens The Lord of The Rings. Many characters throughout the novel are tempted to use the power of the Ring to change the world as they see fit. Some seek to use its power for selfish, personal gain, while others, out of ignorance, believe they can accomplish great acts of good with the power of the Ring at their disposal. Regardless of their intentions, the Ring is able to influence people in mysterious ways, making them lash out or act abnormally. Tolkien did an excellent job demonstrating the perils of temptation in The Lord of The Rings; and as temptation is a major theme in Christianity and Tolkien a devout Catholic, there are parallels between how temptation is portrayed in his work and how it is presented in Christianity. Tolkiens mother was a Catholic convert and a single mother for much of his childhood. His father had fallen ill and died in South Africa leaving his wife to care for Tolkien and his brother in the UK. Tolkiens mother worked very hard to maintain her family but sadly passed away while Tolkien was still a child, Overworked and isolated for her Catholicism, she died not long after Tolkien’s First Communion, but not before assigning guardianship of her sons to a priest and friend at the Birmingham Oratory, Father Francis Morgan, who continued their instruction in the faith (they celebrated Mass with him each day before their studies) (How Did J.R.R. Tolkien’s Catholicism Influence His Writing?). Tolkien remained a devout Catholic for the rest of his life. In a 1953 letter to a friend and priest, Father Robert Murray, Tolkien explained how religion affected his writing, â€Å"The Lord of the Rings is of course a fundamentally religious and Catholic work; unconsciously so at first, but consciously in the revision. That is why I have not put in, or have cut out, practically all references to anything like religion, to cults or practices, in the imaginary world. For the religious element is absorbed into the story and the symbolism.† Tolkiens Christian upbringing has undoubtedly affected the subjects and themes of his writing. One of the most noticeable being the struggle against temptation. Featured heavily throughout his writing in The Lord of The Rings, it is also large aspect of Christianity. In The Oxford English Dictionary temptation is described as The action of tempting or fact of being tempted, esp. to evil; enticement, allurement, attraction (Temptation). The struggle against temptation not only is a constant throughout The Lord of The Rings but is also very prevalent throughout the Bible. No evils shall happen to him that feareth the Lord, but in temptation God will keep him, and deliver him from evils (Sirach 33:1) and Let no temptation take hold on you, but such as is human. And God is faithful, who will not suffer you to be tempted above that which you are able: but will make also with temptation issue, that you may be able to bear it. (Corinthians 10:13) Being vital to the story, Tolkien made sure to establish the allure and temptation of the Ring early within the first chapter. Directly after Bilbos speech and disappearance, he headed back to his home to prepare for his departure. Gandalf came in shortly after and began conversing with Bilbo concerning his future plans, and more importantly, to ensure Bilbo left the Ring according to their prior agreement. At first Bilbo comes across as somewhat hesitant and annoyed at the prospect of giving up the ring, yet still compliant. He tells Gandalf, I dont like parting with it at all, I may say. And I dont really see why I should. Why do you want me to? he asked, and a curious change came over his voice. It was sharp with suspicion and annoyance (The Fellowship of The Ring 41). But then as Gandalf proceeds to explain to Bilbo the truth of the matter Bilbo becomes visibly angry and hostile towards the prospect of losing the Ring. Bilbo flushed and there was an angry light in his eyes. His kindly face grew hard. Why not? he cried. And what business of is it of yours, anyway, to know what I do with my own things? It is my own. I found it. It came to me. Yes, yes, said Gandalf. But there is no need to get angry. If I am it is your fault, said Bilbo. It is mine, I tell you. My own. My precious. Yes, my precious' (The Fellowship of The Ring 42). However with some persuasion from Gandalf, Bilbo is able to overcome the temptation of the Ring and leave it behind. This scene is especially significant as it is the first time the Rings influence and power over people is alluded to in the story. Tolkien is able to set a sort of precedent for how the Ring is to affect characters throughout The Lord of The Rings and establish the threat it poses to those who possess it. Not everyone is resilient enough to resist the temptation of the Ring, and those that are able to resist are by no means immune to its allure. Tolkien demonstrates what becomes of those who succumb to the Ring in Chapter 2 when Gandalf is explaining to Frodo the history of the Ring. Gandalf tells Frodo of how Gollum was overcome by his desire for the Ring and murdered his friend Deagol. he caught Deagol by the throat and strangled him, because the gold looked so bright and beautiful (The Fellowship of The Ring 62). The Ring consumed Gollum and he paid dearly for his weakness. According to Alberto Mingardi, The Lord of the Rings is the epic journey to destroy the One Ring, which symbolizes power and this is very clear when you understand that the Ring not only confers power but also imposes serfdom on the wearer. The man who wears the Ring becomes a slave at the same time as he is made supremely powerful. This idea is later reinforced when Gandalf says It was not Gollum, Frodo, but t he Ring itself that decided things (The Fellowship of The Ring 65). So the Ring doesnt entice people to take control as much as it ensnares them with lust for power. The idea that one is tempted and ensnared by sin appears frequently within the Bible. One such example was used in reference to the worship of idols, Therefore there shall be no respect had even to the idols of the Gentiles: because the creatures of God are turned to an abomination, and a temptation to the souls of men, and a snare to the feet of the unwise (Wisdom 14:11). According to the Bible, giving into the temptation of sin will result in one becoming an abomination in the eyes of God. Bilbo himself was tempted by the Ring once again in Chapter 1 of Book II. Frodo encountered Bilbo during his stay in Rivendell and after a brief but happy reunion Bilbo immediately began to inquire about the Ring. Have you got it here? He asked in a whisper (The Fellowship of The Ring 244). Hesitantly, Frodo allowed Bilbo to look at the Ring. Bilbo put out his hand. But Frodo quickly drew back the Ring. To his distress and amazement he found he was no longer looking at Bilbo; a shadow seemed to have fallen between them and through it he found himself eyeing a little wrinkled creature with a hungry face and bony groping hands (The Fellowship of The Ring 244). Luckily Bilbo was able to resist the temptation once more and told Frodo to put the Ring away. The Rings temptation doesnt always come in the form of malice. Many mistakenly believe they can use the Rings power for good. Gandalf himself refused to touch the Ring because he was well aware of its ability to corrupt even those with good intentions. Initially Frodo didnt want to bear the burden of the Ring and offered it to Gandalf. Do not tempt me! For I do not wish to become like the Dark Lord himself. Yet the way of the Ring to my heart is by pity, pity for weakness and the desire of strength to do good (The Fellowship of The Ring 71). Similarly in the Bible it is mentioned how temptation isnt necessarily born out of a place of malice and even people with noble intentions and a strong will can be ensnared. Watch ye, and pray that ye enter not into temptation. The spirit indeed is willing, but the flesh weak (Matthew 26:41). Boromir was also tempted to use the Rings power for good. For you seem ever to think only of its power in the hands of the Enemy: of its evil uses not of it s good It is a gift, I say; a gift to the foes of Mordor. It is mad not to use it, to use the power of the Enemy against him (The Fellowship of The Ring 414). After ranting on about his plans to use the power of the Ring against Sauron he came to the realization that Frodo would not give up the Ring willingly and attempted to take it through force. For I am too strong for you, halfling, he cried; and suddenly he sprang over the stone and leaped at Frodo. His fair and pleasant face was hideously changed; a raging fire was in his eyes. Frodo was able to escape Boromir by putting on the Ring and becoming invisible. Boromir later came back to his senses, realizing the Rings power had tempted him. Here Tolkien has shown that individuals who wish to do good are still at risk of temptation by evil just as how it was described in Mathew 26:41. As the Rings temptation was a constant throughout the Lord of The Rings it plays a pivotal role in the climax in Return of The King. Frodo and Sam had traveled very long and far to destroy the Ring once in for all in the fires of Mt. Doom. The destruction of the Ring was the sole purpose of their quest and they had resisted its temptation thus far. However, when confronted with the opportunity to destroy the Ring once and for all, Frodo hesitated. Then Frodo stirred and spoke with a clear voice, indeed with a voice clearer and more powerful than Sam had ever heard him use, and it rose above the throb and turmoil of Mount Doom, ringing in the roof and walls. I have come, he said. But I do not choose now to do what I came to do. I will not do this deed. The Ring is mine! And suddenly as he set it on his finger, he vanished from Sams sight (Return of The King 223). After resisting its allure for the majority of The Lord of The Rings, Frodo finally gave into the temptation of the ring. Luckily for the sake of Middle Earth Frodo wasnt the only one to give into the temptation of the Ring on Mount Doom. Gollum attacked Frodo, bit off his finger, and wrestled the Ring from him. My Precious! O my Precious! And with that, even as his eyes were lifted up to gloat on his prize, he stepped to far, toppled, wavered for a moment on the brink, and then he fell. Out of the depths came his last wail Precious, and he was gone (Return of The King 224). Ultimately Gollums lack of self control and enslavement to the Ring were his demise, but at the same time his weakness inadvertently saved Middle Earth and accomplished Frodos quest during his time of weakness. Thus proving that those unable to break free from the Rings grasp and resist temptation will ultimately be brought to their doom. The concept that giving into temptation will ultimately result in loss and suffering can be seen in the Bible as well. In the story of Eden, Eve gives in to the temptation to eat the fruit and pays the price when she and Adam are cast out of the Garden of Eden. This temptation and punishment is paralleled in Tolkien’s The Lord of the Rings. In Tolkien’s The Lord of the Rings, those who are tempted and take the Ring may get what they want, but in the end they pay a price just like Eve did (Temptation and the Ring in J.R.R. Tolkiens The Fellowship of the Ring). Gollum never truly gave up his desire for the Ring and paid with his life when he snapped on Mount Doom. Frodo fell into the Rings temptation as well, and he did not escape unscathed as his inaction during the moment of truth ultimately cost him his finger. The temptation of the Ring plays a major role in The Fellowship of The Ring, both driving the plot forward and forcing characters to confront and resist the urge to use its power as they see fit. Furthermore, witnessing how different characters deal with the Ring plays a vital role in character development. Tolkien was able to draw upon lessons taught during his Catholic upbringing and apply this aspect of temptation as a driving force behind his novel. Works Cited Bowling, Drew. How Did J.R.R. Tolkien’s Catholicism Influence His Writing? Aleteia.Aleteia: The News of the World from a Catholic Perspective. 21 Jan. 2013. Web. 13 Mar. 2015. Carpenter, Humphrey. Tolkien: A Biography. Boston: Houghton Mifflin, 1977. Print. Douay-Rheims 1899 American Edition. Print. Gilligan, Kathleen. Temptation and the Ring in J.R.R. Tolkiens The Fellowship of the Ring.Student Pulse. 1 Jan. 2011. Web. 13 Feb. 2015. Mingardi, Alberto. Tolkien v. Power. Mises Daily. Mises Institute, 21 Feb. 2002. Web. 13 Feb. 2015. Temptation Oxford English Dictionary. Oxford University Press. 2015 Tolkien, J. R. R. The Lord of the Rings Part One: The Fellowship of the Ring. New York, NY: Houghton Mifflin, 1987. Print. Tolkien, J.R.R. Letter to Father Robert Murray. 1953. MS. N.p. Tolkien, J. R. R. The Lord of the Rings Part Three: The Return of The King. New York, NY: Houghton Mifflin, 1987. Print. Tolkien, J. R. R. The Lord of the Rings Part Two: The Two Towers. New York, NY: Houghton Mifflin, 1987. Print.

Saturday, May 16, 2020

Assisted Dying - Dignity in Dying - Free Essay Example

Sample details Pages: 7 Words: 2035 Downloads: 2 Date added: 2019/06/24 Category Law Essay Level High school Tags: Assisted Suicide Essay Did you like this example? Dick Turner was my guinea pig when I entered the business back in 95. He was one of the first students I became really close with after I started working at St. Dymphna High School on the south side of Baltimore. Don’t waste time! Our writers will create an original "Assisted Dying Dignity in Dying" essay for you Create order He was your typical high school geek, about 5 foot 10 inches, had the posture of a 95 year old with scoliosis, outdated clothing that fit a little too big and wore an oversize set of bifocals that had a piece of tape holding them together and looked like theyd been through the ringer. Of course, Dick was the unlucky fella that had a shitty life at home, a topic him and I could relate on. His father was an abusive son of a bitch, mom left when he was in 3rd grade to chase her music career down in Nashville, and his older brother ran one of the largest drug cartels east of the Mississippi. Initially, I only saw Dick once or twice a month during his freshman year, usually when he needed to talk about his dads monthly tirade that resulted in another trip to the hospital for him. I always offered to call D.C.F.S., but Dick would talked about how much he feared his father would kill him if he ever got a call from them. Anyways, throughout most of his sophomore year and in to his junior ye ar, I became the closest thing he had to real family in a short amount of time. On a daily basis, hed come talk to me about how much he hated coming to school, and to be honest I didnt blame him. For years I watched from a distance as he would get pummeled and brutally humiliated by his peers. He had yet to outgrow his speech impediment that caused him from pronounce his rrs like a 2nd grader, even I struggled to listen to him talk sometimes, but the students had a field day with that. The self-proclaimed all-star future division three quarterback would heckle him as he walked the halls with his possy of subpar athletes. I give him credit though, no matter how much shit he took, Dick walked those halls with a sense of confidence that I never had. Too bad the scrawny 16 year old didnt have a god damn fighting bone in his body. Unfortunately, midway through his Junior year, life came at him a little too fast. In addition to his seemly pointless life at home and school, he had faced adversity with depression and anxiety, convincing himself that he was nothing, but a waste. So much of a waste, that he approached me during his lunch hour one-day with a story about his dad walking in on him attempting to hang himself. The most disturbing part about it was his dad proceeded to calmly walk away in content. I never told him about my history/failures with suicide. I tried to help by sharing some wisdom, but in all honesty, I was just bullshitting him. At that time, Id been living alone for just over five years a few miles from where I grew up, and arguably hated my life just as much as he hated his. On the side, I ran a small funeral home and specialize as a mortician (If that doesnt get you excited, Im not sure what will). The only relationship I ever built was with the local police department by acting as their r at, informing them about the students pushing drugs around town and snitching on weekend parties. Probably , because I was never invited to anything back in high school. Sounds miserable, right? Unfortunately, Dick saw right through my bullshit and it was past the point of no return. A week later, the police pronounced Dick Turner dead, at the age of 17 from self-inflicted wounds. His peers, his father, basically everyone he crossed paths with, besides myself, drove him to this point. Initially I felt guilt. Felt that this was my fault. Felt that this was just another failed opportunity to actually make something of myself. Quickly, my guilt shifted to anger. Anger towards those that caused him to feel so empty. Not to mention Dick was probably the closest thing I had made to a friend in the last decade. The day after his death, I showed up to school and scanned the halls like I usually did. I realized that the individuals who were the reasoning behind Dickrs actions went on with their day, not even thinking twice about their actions. So I began to write All, This act of taking my own life has not come without deep thought. Ive done all I can to gain your acceptance, but at the end of the day I guess I am just not good enough. I had every opportunity to take you all with me, but your actions towards me have made it clear that I do not deserve the same life as you. As I wrote, that anger shifted to adrenaline, giving me a rush Id never felt before. I was no longer writing for Dick. I was writing for myself and so I continued To Kaycee Smith, Ranae Walker, Sophia Smith, kids who sat behind me in remedial math, and lastly, to QB1, thank you for helping me realize how worthless I am. I hope you will all sleep well tonight knowing that my death comes at the hands of your action. Richard Turner A few days later, Dick Turnerrs suicide letter just so happened to surface throughout the halls of St. Dymphna. As I scanned over the students that morning, it joyed me to see the weight of the world being held on the shoulders of so many individuals. Individuals that had reminded me so much of my past. For once the power had shifted, and I finally had a sense of relief. Later that week, I couldnt help but smile as I watched students file through my funeral home for his wake, bags under their eyes, many of them knowing they were at fault. It was exhilarating to watch as they recognize the innocent, helpless individual that they walked all over for years didnt have a home, or a family. The toll I saw it take on these individuals was like a drug, relieving and addicting. And that was the beginning of it all. Dick has been dead now for about 25 years, and every other year since then, Ive had many Dick Turners come in-and-out of my office. Itrs almost like itrs something in the water in this town. There is always that one kid who had no hope. No chance. Their parents neglected them, they had no friends, no one ever gave them a lick of an opportunity. And as I began to notice this, I did them all a favor. When they would share their problems, I was honest and blunt, giving them the same spiel as if it were from a script You know you remind me of myself, and through all ups and downs, medication and therapy sessions, one thing I learned from a young age is that this world will not show sympathy for you. Growing up, I was mocked, ridiculed and picked on by all my peers. My parents didnt care about me either. God generously granted me with health problems that had stunted my growth at a very young age, so I wasnt able to fight, and trust me, they will continue to take advantage of that. If youre the weird kid, better off giving up now, cause truth be told, no one wants to be on the weird kids side. I was called names, they even threw me in lockers and sometimes even beat the shit out of me, you know, for fun. Youd think at least theyd give you some credit after you come to school with scares from cigarette buds on your face, but no, they just call you pizza face and pick at them so they never go away. People will be so dedicated to making your life hell, theyll be willing to pay a girl fifty dollars to go on a date with you, just to see you have a little sense of hope and then she will abruptly leave after dinner, making sure you handle the check. In college, youll spend most of your time studying and working at a local pizza joint serving late night food to all your drunk, superior peers. At that time, your best friend will probably be your boss, Chef Vincenzo. He wont speak much English, and your conversations will consist of him critiquing everything you do, but at least hell acknowledged your humanity, right? By the time you graduate, your parents will have left you ( if they havent already), or maybe even overdose on some synthetic drug, and youll probably lose contact with your whole family, and have failed to commit suicide a handful of times. But thatrs just speaking from experience I guess. Some of it is true, and some of it is an exaggeration, but listen. If you want to know why I am the way I am, if you really must know why I do what I do, Ill try to make it as quick as possible. The first impractical joke of my life is that my name is Theodore Bundy. Yep, thatrs right, I guess when youre the youngest of six siblings all from different fathers your mom starts to have a little fun and name you after serial killers. I grew up without a father, all my other siblings killed themselves before the age of 16, and ever since I turned 17 my mom had been in-and-out jail for anything you can think of. Possession of marijuana, driving under the influence, prostitution. Hell, she even had her stint in a drug cartel. Because of my parents uncanny ability to consistently abuse drugs before I was born and throughout my childhood, I am what you would call a grade A crack baby that unfortunately, yet miraculously made it out of my adolescence. As a kid I suffered from heart problems, s eizures and other implications that have caused a limp in my walk and have left me with an extremely noticeable and unattractive stutter. I give myself credit for being able to provide for myself starting at such a young age, however most of my earnings have gone towards effective healthcare to cover my three open heart surgeries, annual mental health checkups, and monthly visits to the doctor to cope with my macular degeneration, a disease most common in people over the age of 65. Look where Im at now. Right where they all said Id be. Just like I was 25 years ago, I currently reside a few miles from where I grew up, and work as a counselor and remedial math teacher at the same high school I swore Id never come back to after graduating a little over 30 years ago. So, how can I resist? Over the last 25 years Ive done what many would call a crime, but I believe to be a favor. Ive assisted in freeing a dozen of students from this horrible world. By telling them my story, I hope to indirectly convince them that it doesnt get much better from here. Why? Because it doesnt. And as they move on, my job is to make sure they dont go unnoticed. I give them a voice they wouldve never had. Long story short, I make a letter for each them. I target any and all individuals that had cause pain throughout their lives. For example, just under five years ago, I wrote a letter for a young woman named Madeline Snuff. After being allegedly raped by two players on the football team, and harassed by the whole cheerleading team, she came to me for advice. A few days later she took a gun to her head. As I always do, I took it upon myself to composed a letter exposing the two young men. Two weeks later their remorse led them to take their own lives. Do I feel bad? Well, let me ask you this. Did anyone ever feel bad for me?

Wednesday, May 6, 2020

Frederic Henry Code Hero - 835 Words

A Hemingway Code Hero is a trait that almost every main character of Ernest Hemingway’s novels possesses. According to Hemingway, a Code Hero is a man (or woman) who lives correctly and demonstrates respect for honor and courage during a chaotic and stressful world. There is a particular pattern to how a Code Hero conducts his or her life on a day to day basis. In the novel A Farewell to Arms, Frederic Henry is the Code Hero because fate is a determining role in his life’s events, he lives in the here and now, and he shows grace under pressure. The first and most accurate trait that Frederic Henry exemplifies is that fate plays a determining role in his life events. Fate rules almost every single major event in the novel. Frederic’s†¦show more content†¦He does not imagine life after death, so he seeks all rewards while he is alive. He does what he wants and does not consider the results of his actions. He has no remorse for abandoning the Italian army; just pleasure because he can finally be with his Catherine. He makes all of his decisions based on what would make him happy or suit him best in that particular instance. When he jumps into the river to escape the Italian soldiers he does not think of the consequences of being caught. Henry just thinks of his escape. This is also the case with his and Catherine’s journey to Switzerland, because Henry only thinks of getting away with his pregnant lover. Catherine drives most of his reckless behavior, because nothing else matters to him. Without Catheri ne, Henry is nothing. â€Å"Always I wanted to see Catherine,† he says in chapter nineteen. With no fear of death, Frederic Henry is free to act on impulse as much as he wishes. He can drink himself into jaundice, he can frequently attend brothels, or he can flee the country with the love of his life. Frederic Henry lives in the here and now and lives his life to the fullest. The final trait of the Hemingway Code Hero that Frederic Henry owns is his grace under pressure; he is fearful but not afraid to die. This is shown multiple times throughout A Farewell to Arms, whenever he is faced with death. First,Show MoreRelatedEssay about Code Hero Frederic Henry in Hemingways A Farewell to Arms613 Words   |  3 PagesHemingway’s A Farewell to Arms, the code hero is the protagonist Lieutenant Frederic Henry. Frederic is no exception and presents with the common features of any Hemingway hero. He treats women as mere objects of sexual pleasure, religion and the afterlife as inconsequential, and defeat with a measure of grace and finesse incomparable. His love for Catherine Barkley is sexually motivated, the author consistently casts a level of skepticism on religion through Frederic and his interactions, and even whileRead MoreHemmingway: Catherine as a Code Hero1708 Words   |  7 PagesCatherine: A Manipulative Caretaker In A Farewell to Arms, Frederic Henry is characterized initially by a sort of detachment from life-though well-disciplined and friendly, he feels as if he has nothing to do with the war. These feelings of detachment are pushed away when Henry falls in love with Catherine and begins to realize the hostile nature of the world. In this way, Henry serves the function of a character that becomes initiated in Hemingways philosophy of an indifferent universe andRead MoreCode Hero Characteristics1152 Words   |  5 PagesCode hero characteristics are many distinctiveness qualities characters have that other individuals do not acquire. The characteristics describe a â€Å"hero†, but the hero does not talk about the characteristics. Frederic Henry for example, expresses many code hero characteristics. His philosophy of life is based on love, loyalty, and respect, but he does not talk or think about. An additional characteristic of Frederic is that he allows fate to play determini ng roles in life events. As I said previouslyRead MoreA Farewell to Arms: the Hemingway Code Hero1354 Words   |  6 PagesArms: The Hemingway Code Hero #9; Ernest Hemingways 1914-1918 autobiographical novel, A Farewell to Arms, takes place on the Italian front during World War I. Frederic Henry, the main character, is a young American ambulance driver for the Italian army during the war. He is extremely disciplined and courageous, but feels detached from life. Rinaldi, a surgeon and friend of Frederics, introduces him to an English nurse named Catherine Barkley. Once introduced, Frederic discovers a capacityRead MoreCharacter Analysis : A Farewell To Arms871 Words   |  4 PagesThroughout the novel A Farewell to Arms by Ernest Hemingway, Frederic Henry’s actions and attitudes towards the people he meets and the experiences he encounters reflect his development as a Hemingway Code Hero. The Hemingway Hero is a very distant person who goes through life unattached. He is physically there, but emotionally uninvolved. Frederic Henry possesses these traits over the course of the book. He develops as a Hemingway Hero because no mat ter where he goes or what he experiences, he isRead More Frederick Henry Discovered Essay1901 Words   |  8 PagesFrederick Henry Discovered In A Farewell to Arms, Ernest Hemingway uses his idea of the code hero to introduce us to an amazing character. Hemingway takes his own ideas and conveys them through Frederic Henry. During World War I Frederic Henry proves to us that war and lost love can change a strong and willing man. Most men are not willing to change and Frederic Henry realized that in order for him to survive the many problems he was faced with, he would have to become a more mature manRead MoreDoubt in a Farewell to Arms by Hemingway1862 Words   |  8 Pages(Harden). Frederic Henry is the driving code hero in A Farewell to Arms through the war as he shows much courage through the warzone, powers courageously through a struggle to validate himself, and acts in a realistic manner through his struggle with Catherine. Through his injuries from the blast, Frederic Henry shows that he is the main code hero as he exhibits courage by being eager to rush out of the hospital. After being hit by the blast, the doctor in the hospital inquire of Frederic, Do youRead More heroarms A Comparison of Code Heroes of A Farewell to Arms and For Whom the Bell Tolls2088 Words   |  9 PagesThe Code Heroes of A Farewell to Arms and For Whom the Bell Tolls      Ã‚  Ã‚  In Ernest Hemingways fiction, there is something known as the Hemingway Hero.   This term is usually applied to the male protagonist in his works.   The Hemingway hero illustrates a variety of traits, ranging from heavy drinking to his role as a leader among the characters with whom he interacts.   Traits of this hero also resemble the personal characteristics of Hemingway himself, and the hero usually finds himself inRead MoreDiscussion of Stereotypes in a Farewell to Arms1449 Words   |  6 Pagesbecause A Farewell to Arms can be seen as a semi-autobiographical novel, as some of the events that occur in the novel are based off of Hemingways own life. The parallels from the novel and Hemingways life are evident-- the protagonist, Lieutenant Frederic Henry, is an ambulance driver in the Italian army, just as Hemingway himself was an ambulance driver for the Red Cross, serving in Italy. Hemingway also fell in love with a nurse, however her name was not Catherine Ba rkley, as it is in the novel, itRead More Ernest Hemingways Code Hero in For Who The Bell Tolls and A Farewell To Arms4503 Words   |  19 PagesErnest Hemingways Code Hero in For Who The Bell Tolls and A Farewell To Arms They were American innocents negotiating the river of life wherever it took them: to Italy, to Spain, to Africa, to the Caribbean, wounded men laughing through the pain, sometimes risking their skins but never sacrificing their honor. It was a river into which countless writers would thrust their paddles.(Papa) Ernest Hemingway is arguably one of the most important writers in American history. Though this is

Tuesday, May 5, 2020

Business Event in Global Context

Question: Discuss about theBusiness Event in Global Context. Answer: Introduction Rogers and Davidson (2015) portrays that organization conducts events not only for building brand recognition but also for establishing business connections. This approach ensures the strength of the business in the community along with generating revenue for the organization. The topic that is conducted in this assessment is the topic: 2 economic impacts of business events topics: 3major destinations and the organization that is taken into consideration is the International Convention Centre, Sydney that is established in the year 2016 and is managed by AEG Ogden (Iccsydney.com.au, 2017). ICC Sydney has flexible spaces for accommodating 2,500, 1,000 and 750 people respectively along with the ballroom that has the capacity of accommodating 2000 people (Iccsydney.com.au, 2017). The prime objective of the assignment is to illustrate a reflective evaluation on the two undertaken subjects for presenting prior experience and current learning after the module. In addition to that personal response to experiences, situations, events and new information will also be evaluated along with some evidence to support the detailed analysis in this assessment. Discussion Business Events in Australia Every year over 37 million people attend more than 420,000 business events across Australia (Business Events Council Australia, 2017). Thus, there is a huge opportunity for businesspeople to construct convention centre not only for successfully accomplishing the business events but also for attaining for financial growth. It is also found from the statistics that $28 billion is attained by the convention centre and these centres also create direct job opportunities for more than 180,000 candidates (Business Events Council Australia, 2017). All these aspects signify the economic impacts of the business events. In Australia, the largest number of events hosted in New South Wales and Victoria and regarding meetings and conventions total of 391,000 events were hosted in the year 2015 that had attracted 26.5 million delegates (Business Events Council Australia, 2017). However, in the context of the exhibitions occurred, 2,157 exhibitions staged in Australia that results in attracting over 65,000 exhibitors and 9.3 million visitors (Business Events Council Australia, 2017). In addition to that, ICC, Sydney hosted many events like award events, comedy shows, music concerts, conventions and conferences along with some traditional cultural events and exhibitions. ICC, Sydney also hosts family and kids shows and have the capacity to accommodate 9000 people with 8000 seats (Iccsydney.com.au, 2017). The Darling Harbour Theatre have the capacity of 2500 seats and the Paramount theatre has 1000 seats for hosting events (Iccsydney.com.au, 2017). Kimelberg and Williams (2013) also highlighted that ICC, Sydney provide a complete arrangement for the successful hosting of events like providing exotic food menu collection, trip planning facility and fulfilling all the events with the use of industry leading technology. They have an 180 square meter high definition digital screen in the entrance of their theatre and use ultramodern audio, visual and lighting technology so that clear image of the shows can be seen and enjoyed by the visitors (Iccsydney.com.au, 2017). Overview of the Impacts of Business Events Business events have direct and indirect cultural impacts not only on the organization but also on the nation. Getz and Page (2016) portrays that diverse cultural events like celebration of Chinese Year or Film Award celebration for movies of different languages and genres encourage diversification within the nation. However, events like Olympics and Woodstock impacts indirectly on the culture of the nation. People came to learn about the different events, which provide them with the glimpse of the cultural knowledge regarding the culture followed by the nation and the competency of the convention centre compared to others. Moreover, some of the other impacts from the business events are: Image 1: Business Events Value Pyramid in Australia (Source: Business Events Council Australia, 2017) Visitor Economic Impact I believe that events are organised for attracting international visitors and measuring a number of those international and interstate visitors in the conventional centre allow an organization to assess their profitability. In Australia, a visitor spends $14.5 billion for attending events per year (Business Events Council Australia, 2017). It is also evident that the more the people attend these events, the more the culture and recognition of the organization enhances in the community. In the context of attracting international people from Korea and China, ICC Sydney has organized 2017 KIM BUM SOO live concert in their theatre (Iccsydney.com.au, 2017). Local Economic Impact Local delegates also take participation as well as visit these events for business meetings, entertaining events and hence contribute some financial resources for the same (Tidstrom Hagberg-Andersson, 2012). Dwyer et al. (2014) moreover affirm that the people provide around $4.5 billion of financial resources for the organized events. Taken for instance, the event of The Big Meet 2017 Sydney, which is a free career fair that target all the undergraduate student of Australia (Iccsydney.com.au, 2017). In this fair all the interstate and international students studying in the Australian universities. Non-Delegate Impact The events also have an impact on the non-delegates, who organizes the events for providing accommodations and other facilities like food to the guests and visitors, who intends to come to their organization (Getz, 2012). In Australia, $9.0 billion of benefits by organising business events is attained by the businesspeople (Business Events Council Australia, 2017). They have local event partner participating in The Big Meet 2017 like Legal Vitae and some national event partners like GradConnection, GraduateOpputunities, GradAustralia and Engineers Australia (Iccsydney.com.au, 2017). Personal Experience I belong from Singapore and we have Suntec Singapore Convention Exhibition Centre" for organizing business events, exhibitions and conferences. The concerned convention centre organizes a diverse range of events, trade shows and meetings for local as well as international business people. Suntec Singapore Convention Exhibition Centre have exhibition space of over 22,000 square meters and flexible meeting spaces of over 15,000 square meters (Suntec Singapore Convention Exhibition Centre, 2017). In order to attain competitive advantages the concerned convention centre has incorporated modern technology like telecommunications technology and offer services like free high-speed WiFi that can support up to 6,000 devices to all the visitors (Iccsydney.com.au, 2017). However, the difference that I have felt between the two convention centres is that in Australia, the business people consider all the crucial aspect of travel planning to reach their convention centre while in Singapore, th e visitors only get the direction and they have to travel and find their centre to attend any concert. I have attended the 2016 Sydney International Womens Day Breakfast that ICC Sydney has organized in the month of March with the association of UN Women National Committee (NC) Australia. In this event, they have shared the economic, political and social achievements of women and shared some real life stories on their struggle for equality, peace and development. In this conference, UN Women Ambassador of many countries- Pakistan, Fiji, and India were also invited. On the counterpart, in terms of Suntec Singapore Convention Exhibition Centre, majorly programs for trade, fair and business and does not organize any development conferences that are considered in Australian convention centers. However, during my classes, I have learned that in Australian convention centers the organizers divides their budgets into 14%, 56%, 26% and 4% for luxury facilities, deluxe services, standard facilities and budgeting purpose respectively. Critical Reflection In the class session for the "Economic Impact of the Business Events", I have learned about the economic roles of place marketing, tourist attraction, image maker, catalyst and animator for effectively accomplishing the business effectively. One of the most important thing that I have learnt is the positive impact of the business occasions that is the promotion of the events. Effective promotion attracts more people and managing authorities of an organization have to focus on their advertising contents and target audience. Seringhaus and Rosson (2012) also mentioned that is the promotion is effective, that may result in an extended length of stay of the visitors. Business events also create lots of job opportunities and attract sponsors to get associated with their approach. In this way, they can attain more financial resources for accomplishing their business objectives. However, Sa and Lee (2012) also highlights the negative impacts of the business events that are a loss of authenticity, exploitation of the environment and community and the great investment cost for organizing the business events. However, I believe that people will only emphasis on the business outcomes from these events and seek for effective factors on economic benefits. From the academic session, I have also learned that a convention centre has to plan not only for the accommodation facility but also for the dining outs, ground transport, recreational activities and different events for different theatres. Moreover, prior to these activities, hassle free registration for the events so that visitors and delegates can register for the events in a single attempt. Jeston and Nelis (2014) explains that utilising the information technology for the registration system can provide them a competitive advantage and helps them to attract more people to their events. Cornwell (2014) however argues that according to the statistics, for an international conference, the organization spends five times more than local events. These delegates spend on food and beverages, technological equipment, security maintenance and different ways of promotion simultaneously. Raj (2013) on the other hand explains that as people from other cultural and traditional background are the guest of these events, making proper arrangements for these guests needs some extra financial resources. It is also found from the statistics of Australias BECA that the most money per day spends by the government on selecting venues their business procedure is associated with the higher authority of other nations; while they do not have to spend extra wealth for security reasons and administration costs (Bladen et al., 2012). Furthermore, I think that it is beneficial for the convention centre for associating with the organization like hotels and resort properties along with the travel agents. In this way, they can attain some profitability from these organizations and also offer an extra discount to their guest on availing those travel and hotel services with registration. Mair and Whitford (2013) mentioned that this approach ensures the brand recognition and customer satisfaction. I also think that, this expenditure on the food and beverages, travel plan also boosts the visitors to travel to Australia in their near future and Getz (2012) depicts that if these events do not hold, it may be the case they would not have come to experience the beauty of Australia. ICC Sydney also spends some of their annual revenue on the arrangements for pre and post event tours and this ensures the effective business relationship with them. In this scenario, I think that convention centres also have to face some challenges like other competitors and interferences of the foreign government along with the continuous development of the technology by maintaining the environmental sustainability and promotional strategies. Our mentor also made us realised doing business with international government and delegates is a complex business procedure and is comprised of activities like media audits and social surveys for tourism media coverage and accessing environmental and socio-cultural amenities respectively. Kimelberg and Williams (2013) depicts that EPA Ecological Footprint Calculator, Sustainable Event Management System (SEMS) are some tools for measuring the environmental sustainability- carbon footprints, climate change and impact of events. followed by an organization. All these factors affect the profitability of an organization. However, according to my past experience I can say that visitors survey are crucial for getting the knowledge whether the facilities an organization is providing worth future growth. Rogers and Davidson (2015) explains that there are several ways through which feedback can be attained like feedback forms on the availed services in the centres through social media sites like Facebook fanpages, Twitter accounts and e-mail feedback forums. These contemporary techniques of taking feedback can be easily accessible by the visitors on their smart devices and are flexible in use. Conclusion Thus, it is concluded from the assessment that conventional centers are liable for making arrangements for cultural events and concerts, business conferences and career fairs. These centers also develop diverse economy and culture within the same nation. The organization that is considered is International Convention Centre Sydney that organizes events and concerts throughout the year. In order to gain competitive advantages compared to other convention centers, ICC Sydney have extend their business not only in food and beverages but also in planning trips from other nation and places to their location. Adopting technological advances like Wi-Fi, high definition screens and modern audio and stereo systems along with tools for measuring environmental sustainability and effective promotion strategies ensures their business success and enhancement in the economy. Reference List Bladen, C., Kennell, J., Abson, E., Wilde, N. (2012).Events management: An introduction. Routledge. Business Events Council Australia. (2017).businesseventscouncil.org.au. Retrieved 22 February 2017, from https://www.businesseventscouncil.org.au/files/View_Report Cornwell, T. B. (2014).Sponsorship in marketing: Effective communication through sports, arts and events. Routledge. Dwyer, L., Pham, T., Forsyth, P., Spurr, R. (2014). Destination marketing of Australia: Return on investment. Journal of Travel Research, 53(3), 281-295. Getz, D. (2012). Event studies: Discourses and future directions.Event Management,16(2), 171-187. Getz, D., Page, S. J. (2016).Event studies: Theory, research and policy for planned events. Routledge. Iccsydney.com.au. (2017).Iccsydney.com.au. Retrieved 22 February 2017, from https://www.iccsydney.com.au/~/media/ICC/Files/PDF/ICC%20Sydney%20Entertainment.ashx?la=en Jeston, J., Nelis, J. (2014).Business process management. Routledge. Kimelberg, S. M., Williams, E. (2013). Evaluating the importance of business location factors: The influence of facility type.Growth and Change,44(1), 92-117. Mair, J., Whitford, M. (2013). An exploration of events research: event topics, themes and emerging trends.International Journal of Event and Festival Management,4(1), 6-30. Raj, R., Walters, P., Rashid, T. (2013).Events management: principles and practice. Sage. Rogers, T., Davidson, R. (2015).Marketing destinations and venues for conferences, conventions and business events(Vol. 14). Routledge. Sa, C., Lee, H. (2012). Science, business, and innovation: understanding networks in technology?based incubators.RD Management,42(3), 243-253. Seringhaus, F. R., Rosson, P. J. (Eds.). (2012).Export development and promotion: The role of public organizations. Springer Science Business Media. Suntec Singapore Convention Exhibition Centre. (2017).suntecsingapore.com. Retrieved 22 February 2017, from https://www.suntecsingapore.com/ Tidstrom, A., Hagberg-Andersson, . (2012). Critical events in time and space when cooperation turns into competition in business relationships.Industrial Marketing Management,41(2), 333-343.

Saturday, April 18, 2020

Law for International Trade free essay sample

Because no terms in the contract or surrounding documents explicitly stated which governing law would be used it will be decided by the objective test. The most real and substantial connection is based on factors including the country in which the majority of the obligations under the contract are performed, e. g. manufacture, packaging, delivery; where the contract was formed, and what the currency of payment is. In this case the manufacture and packing is conducted in Australia, and the payment is in dollars and not yen, which would indicate the governing law is that of Australia. Under Australian law the rights and obligations of the parties are based on the contract, the Convention on International Contracts for Sale of Goods (CISG), and because Punked Jeans is based in Melbourne, the Goods Act 1958 (Vic) also applies. The CISG is an international sales code which attempts to balance the interests of the buyers and sellers. We will write a custom essay sample on Law for International Trade or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Countries can choose to become a signatory to the convention, which then acts as a net to hold terms not expressly covered by the contract. Both Australia and Japan are signatories to the CISG and so under CISG Article 1(1)(a) the CISG will apply to the contract. However there are exceptions where even if both parties have signed the CISG it still won’t apply. These exclusions are contained in CISG Article 2. In this case the exceptions aren’t applicable, and the parties haven’t explicitly excluded it (CISG Article 6), so the terms of the CISG will be enforced. Under CISG Articles 14-24 it can be shown that SurfLife and Punked Jeans entered into a legally binding contract. This contract contains the express terms, which is this case include the cost of the goods, the inclusion of CPT Incoterms 2010, the port of delivery (Osaka), the order amount and type, the due date, and the buyer and seller. The implied terms of this contract include the CISG provisions and the Goods Act (Vic) provisions. The CPT Incoterms which were set out as express terms in the contract detail the obligations surrounding the delivery and transportation of the goods that the buyer and seller have. Issue 1 – Lateness of Delivery: The first issue to be discussed is that of the late delivery, with the goods ordered to be delivered no later than the 1st of April, and arriving in Osaka on the 17th of April. If the goods were found to be delivered late it would be considered a breach of CISG Article 33. The time at which goods are considered to be delivered is determined by the CPT (Carriage Paid To) Incoterms. Under these Incoterms delivery is considered complete when the seller delivers the goods to the first carrier at the named place of shipment. As the goods were loaded onto the carrier on March 30th, delivery (which only required the goods to be unloaded at the place of shipment), was done before April 1st, therefore Punked jeans is not in breach of CISG Article 33. Issue 2 – Mouldy and Stained Jeans: The second issue in this case is that the delivered jeans were spoiled and mouldy. Prima facie the relevant laws are CISG Article 35, which specifies the seller’s obligations in providing conforming goods, and CISG Article 36, which specifies the seller’s liability for non conformity and the time risk passes, or occurs later as a result of a breach of obligations. Earlier it was shown that Punked Jeans did deliver the jeans, and therefore transferred the risk to SurfLife, at the point of delivery to the carrier, Feilong Transportation Company (Feilong). This means Punked Jeans has not breached Article 35 and 36 because the damage was caused after the goods had been delivered. Therefore Punked Jeans has no obligations to provide remedies for the mouldy and stained jeans and it would be up to SurfLife to make a claim against the carrier. Issue 3 – Incorrect Number of Jeans: The final issue between Punked Jeans and SurfLife is the incorrect number of jeans delivered. Punked jeans delivered only 14,000 pairs of jeans total, including 2,000 XXL size, which is double the amount that was ordered. Prima facie and incorrect number of jeans breaches CISG article 35, to provide conforming goods. As the goods were nonconforming when they were delivered to the carrier it would appear that Punked Jeans would be in breach. Feilong did provide a clean Bill of Lading, which indicates that they received the items in the correct condition, but since the Bill of Lading condition report only has to indicate the outward appearance of the items (i. e. the outside of the container the jeans were carried in), Punked would not be able to use this as evidence that the correct amount of jeans had been delivered, merely it would represent the correct amount of containers had been delivered and loaded. This means that Punked Jeans has indeed breached CISG Article 35(1), by delivering the incorrect quantity of jeans. This breach is likely to be considered a fundamental breach according to CISG Article 25 as SurfLife jeans has been substantially deprived of they were entitled to, receiving only 13,000 of the 15,000 pairs of jeans ordered. The extra 1,000 XXL jeans won’t be considered as making up some of the numbers as they are not useable by the company. Remedies: Under CISG Article 45 the buyer has a series of remedies available if the seller fails to perform any of his obligations. These include rights in Articles 46-52, and damages from 74-77. Remedies for the incorrect number of jeans that may be sought by SurfLife against Punked Jeans, in accordance with Article 25 (Fundamental Breach) and Article 51, include: delivery of substitute goods (Article 46), additional time period for delivery (Article 47), providing a self-correction remedy at Punked Jeans’ own expense (Article 48), declare the contract avoided (Article 49), or reduce the price paid for the goods (Article 50). The best course of action in order to remedy matter is to reduce the price the Punked Jeans charges for the goods by the amount of the missing jeans. This is because the demand for the jeans has passed, which makes Articles 46 and 47 ineffective; only part of the package hadn’t been delivered, making Article 49 ineffective; and a self-correcting remedy adds additional expense to Punked Jeans, as opposed (Article 48), as opposed to Article 50 which simply results in a lower income to Punked Jeans. However, SurfLife can still claim damages under CISG Articles 74-76. SurfLife can claim damages including loss of profits (Article 74), and the costs of purchasing replacement goods (Article 75). Unfortunately for Punked Jeans, SurfLife were smart enough to preserve the goods rejected for non-conformity (the extra XXL jeans), as under Article 86 if they hadn’t have kept them then they would not have a claim for the extra jeans. Conclusion: The result for Punked Jeans is that they are likely to have to reduce the price paid for the goods by 2,000 pairs of jeans, as well as providing damages for the loss of profit the SurfLife would have received from selling those jeans. In regards to the late delivery and mouldy and stained jeans SurfLife will have no claim against Punked Jeans. Part B: The main issues in the case are the late delivery, the incorrect number of jeans, and the mouldy and stained jeans. In order to determine the rights and obligations of Feilong Transportation Company (Feilong), and any resolutions available, there are a number of steps to be taken. What are the governing laws of the case? The governing laws in this case are the Carriage of Goods by Sea Act (COGSA) Section 11(a) which states that all carriage of goods from an Australian port to an overseas port select Australian law as the governing law. Section 10(1)(b)(i) states that the Modified Hague-Visby Rules (MHVR) apply in accordance with Article 10 of the MHVR. Under Article 10(1) of the MHVR the rules of the MHVR apply to outbound carriage of goods from Australia. The other laws applicable in this case are the CPT Incoterms, which were expressly defined in the contract. Can the buyer sue the carrier? In Australia law there is a general principle called the privity of contract. This means that the contract is enforceable as between parties in a contract only. This impacts the rights and obligations of Feilong to SurfLife and the carriage of the goods to Osaka was organised by a contract between Punked Jeans and Feilong (based on the CPT Incoterms) not between SurfLife and Feilong. Under the privity of contract principle it would then not be possible for SurfLife to sue Feilong. As seen in Part A the only claim SurfLife can have against Punked Jeans is for the incorrect number of jeans delivered. Section 8 of the Sea-Carriage Documents Act 1998 (Vic) allows for the transfer of rights under a contract of carriage to the successive holders of the Bill of Lading. Under section 10 the liabilities are also transferred in the process. This allows for SurfLife to sue Feilong as the holder of the Bill of Lading whilst the carriage was being made. A second important factor in the ability for SurfLife to sue Feilong is based on the MHVR. Under the Hague or Hague-Visby regulations a carrier would only be responsible under the rules from tackle to tackle, meaning from the loading to the unloading of the goods and no further. As the damage in the case occurred when loading the container on a truck to be delivered to the ship this damage would not have come under the carrier’s responsibility. Since the goods had been delivered it would not have come under the seller’s responsibility either and so SurfLife would have to cover the damages themselves. Under the MHVR Article 1(3) the responsibilities of the carrier extend port to port, meaning from delivery to the port until they are picked up from the port. This means the SurfLife is able to sue Feilong for any breaches that occurred after the goods had been delivered. A third important factor in who SurfLife sues is that they correctly identify he carrier, else the case will not succeed and they may lose the right to sue under MHVR Article 3(6) (discussed later). To find this out SurfLife should consult the Bill of Lading. Issue 1 – Late Delivery: In Part A it was established that delivery, according to the contract between SurfLife and Punked Jeans, was within the legal time period. However, MHVR Article 4A(2)(b) states that if the carriage contract (the contract between Punked Jeans and Feilong) does not spe cify a delivery date to the port of destination then a reasonable time period based what a diligent carrier would perform. This would result in Feilong being liable for the loss caused by the delay, which could include SurfLife’s costs of hiring trucks and getting employees to work overtime, as well as lost profits. Feilong’s defence would to argue MHVR Article 4A(3)(e) in which the carrier is excused from liability if it is for the purposes of saving human life or aiding a ship in distress. As well as this MHVR Article 4(4) states that any deviation as a result of saving or attempting to save life at sea will not be considered a breach of the rules, and the carrier will not be liable for any damages as a result therefrom. The end result would be that Feilong would not be responsible for any losses caused by the delay. Issue 2 – The Incorrect Number of Jeans: The second issue for Feilong is the incorrect number of jeans delivered. In Part A it was found that a clean Bill of Lading is indicative of the goods being received in correct condition, but as was pointed out this only applies to the external appearance of the goods, i. e. the outside of the container. As this was indeed in good condition Feilong has fulfilled its duty to receive and deliver the correct amount of packages, and therefore in his case would not be found liable for the missing pairs of jeans. Issue 3 – The Mouldy and Stained Jeans: The final issue is that of 5,000 pairs of jeans (100 boxes each containing 50 pairs of jeans) were delivered mouldy and stained. Prima facie Feilong is in breach of MHVR Article 3(2), which requires the carrier to take proper care of the cargo. As discussed earlier under the MHVR Article 1(3 ) the goods were considered to be in Feilong’s possession at the time they fell on the ground in the rain. Under MHVR Article 4 carriers aren’t liable when damage results from a list of exemptions. In this case it is possible that Feilong could argue MHVR Article 4(2)(n), insufficiency of packing. Feilong could argue that Punked Jeans hadn’t packed the product properly and that the plastic packaging burst when it shouldn’t have. There is evidence in the case that the goods were properly packaged and so this exemption would not be applicable. Feilong may be able to make the claim that the jeans would have been in a reasonable condition had they not had to deviate, due to there being less time for them to go mouldy. This would come under MHVR Article 4(4) or MHVR Article 4(2)(l) as the extra time was the result of saving life at sea. However, the damages are unlikely to be considered ‘arising’ or ‘resulting’ from this action, as the rules require, and so would not apply. Even if one of these exemptions were to be found applicable Feilong can still be found liable if the underlying cause of the damage is Feilong’s failure to exercise proper care in carrying out its fundamental duties in MHVR Article 3(2). It is therefore likely the Feilong will be found in breach of MHVR Article 3(2) for failing to take proper care of the goods. Damages: In the Bill of Lading there is a clause for the carrier not to be liable for any loss or damage arising from delay, and limiting liability to US$100 to a single shipper, however caused. Under MHVR Article 3(8) any clause or agreement in the contract of carriage that limits the liability of the carrier for failure in the duties and obligations in the MHVR is considered null and void. This means that these clauses aren’t applicable, even though they are expressly stated in the contract. The maximum damages Feilong will be responsible for is declared in MHVR Article 4(5)(a). If the value of the jeans was declared on the Bill of Lading then that value could be used, else the maximum amount the carrier would be liable for is 666. 67 units of account per package, or 2 units of account per kilogram. A unit of account is defined by MHVR Article 4(5)(d) as a Special Drawing Right as defined by the IMF. The rate as of 21/09/11 is US$1. 57. The definition of a package was determined in El Greco (Australia) Pty Ltd v Mediterranean Shipping co SA [2004] FCAFC 202 (PM3. 84) as being the amount stated on the Bill of Lading. In this case the Bill of Lading stated 1 container of jeans, which would means that the maximum damages, based on the number of packages, is 666. 67 * 1. 57 * 1 which is US$1,046. 67. The weight of the jeans is not mentioned, so unless this was contained on the Bill of Lading it couldn’t be used. Feilong may have a claim under MHVR Article 3(6) which requires notice to be given to the carrier of any damage within 3 days of removal of goods. If SurfLife did not provide notice then they would not be able to make a claim against Feilong. In conclusion Feilong is unlikely to be found liable for the delay in shipping, and the inadequate number of jeans. They are likely to be found liable under the MHVR to be in breach of Article 3(2) to take proper care of the goods. The exemptions listed in Article 4(2) will not be applicable, and so they will have to pay damages according to Article 4(5). The result is that Feilong will have to pay US$1,046. 67 in damages to SurfLife. Part C: The relevant laws would be much different if the goods were shipped from a manufacturing complex in Singapore. Although the cases would not be the same as determining the governing law in Australia, Singapore is based on the English common law system, and so would have a similar method. This would likely result in the governing law of Singapore being used. Singapore is a signatory to the CISG, however they did opt out of Article 1(1)(b), whereby the use of international private law could not lead to the application of the CISG. As both Japan and Singapore are signatories than Article 1(1)(a) applies, which still results in the CISG being applied. Punked Jeans would therefore still be liable for the missing jeans. Under FCA Incoterms the seller is responsible for the carriage, risk, and costs of the goods up until the goods are unloaded at the port where they are to be shipped from. This means the carriage would have been organised by SurfLife, and so SurfLife would have the contract with Feilong. SurfLife would not have to get around the privity of contract laws to sue Feilong for the damaged goods. The final difference is that Singapore has ratified the Hague-Visby Rules (HVR), not the MHVR that Australia has. The HVR states that the carrier is only responsible from tackle to tackle, from the loading to the unloading of the goods.

Saturday, March 14, 2020

History of Pop Culture essays

History of Pop Culture essays Pop culture is a term given to describe all the various cultural elements found in any given society. These elements are often perpetuated through societys language, particularly vernacular language. It encompasses everything, from daily interactions between people, to the needs and desires of individuals and communities to the various cultural moments that surround our everyday lives within mainstream society. Further, pop culture includes such activities as cooking, clothing, fashion, consumption, entertainment, sports, literature and especially mass media. It is often through the mss distribution of these things that creates pop culture, or, in other words, makes that particular culture popular. In comparison, pop culture is often placed into contrast with the typically more exclusive and elitist high culture. Pop culture is something that is in a constant state of flux; therefore what was pop culture yesterday is no longer pop culture today. For this reason, pop culture is something that occurs uniquely in a specific place and time. It can be best described as a river that forms and reforms currents and eddies that each represent the complexity of the numerous, interdependent perspectives, values and institutions of society that, together, create pop culture. Often time pop culture grows out of a subculture that, through mass circulation, becomes mainstream and thus gain a widespread public appeal. In the twentieth century, especially the late twentieth century, mass media has come to be one of the main reasons for the growth of popular culture. Prior to mass media, everything was localized, or more community-based. It was not until the advent of mass media and mass production that the definition of a community grew and thus pop culture came into existence- something to appeal to the entire society. The process works by the media conveying the work and activities of others to the general populat...

Thursday, February 27, 2020

Family sociology Essay Example | Topics and Well Written Essays - 2750 words

Family sociology - Essay Example Sociological theories and concepts help in providing a concrete base for this understanding of the role of family life in society. Moreover, analyzing different aspects of family life using different perspectives of sociological themes and concepts help in better understanding of the concept of family ideology and its structural changes in the current society. Even though contemporary society has seen many social changes in the aspect of family ideologies and its contributions to the society, it still occupies a central role in the lives of individuals. Thus, studying the role of family from the sociological perspective can provide an insight about how a family functions within a society, and helps influencing the lives of the individuals in promoting socialization, economic contribution and cooperation. According to Anthony Giddins (2006), family is defined as a group of persons who are linked directly through blood relationships or marriage, with the adult members assuming responsibility for children and family care. By this definition, family is regarded as a social institution and also the central unit of socialization, which shares values and commitments towards one another. Of all the social institutions, marriage plays a fundamental and vital role in creating a society. Marriage is bound to have preceded society; and made it possible by binding together. It is considered to be the basis of social order and improvement, along with providing the chief support of law, morality, and religion. (Booth, Crouter and Landale 2002, p.48). The extended family was a most common family structure; however, it started to decline because of many social and economic factors. Typically, in the 1940s and 1950s, a traditional family structure comprised of a man and woman along with their one or more offspring, and was widespread in the society as an