Wednesday, December 25, 2019

Beowulf as an Epic Hero - 1127 Words

Beowulf as an epic hero Beowulf is a poem that was written in Anglo-Saxon, between 700 and 1000 A.D., and is probably one of the most important works of Anglo-Saxon literature. It tells the story of the heroic acts in the life of our protagonist, Beowulf. It takes place in Scandinavia (Denmark and Sweden precisely), around 500 A.D. Beowulf is a hero of the Geats who arrives in Denmark from Geatland to help the king of the Danes, Hrothgar. Hrothgar enjoyed a successful and prosperous reign: he built a great mead-hall, called Heorot, which mere purpose was to serve as a place where warriors could gather to drink, tell stories and enjoy the songs of the scops or bards. But, these gatherings were quite loud and jubilant, and they had†¦show more content†¦The definition of a hero implied facing the impossible with only courage and strength, and even if that resulted in his death, he would consider it a most honourable way to die. After he wins the fight against Grendel, he has the option to stay back while Grendel s mother tries to avenge him. But Beowulf was a great warrior, and he knew that if Grendel s mother wanted someone to pay for her son s death, it must be him, the one who killed Grendel in the first place. However, he doesn t go to her lake just to let her have her revenge; he is determined to free Denmark from the horrifying monsters: first Grendel, and now his mother. Another key factor in his decision is the fact that Grendel s mother kills Aeschere, a man of Hrothgar s. But this is not all of Beowulf s greatness as a hero. He was a loyal warrior, never betraying or letting down his lord, Hygelac. Even after Hygelac s death, he showed loyalty and respect to both his king and the throne, and supported the son of Hygelac in becoming the new king of the Geats. However, after a while, Hygelac s son died, and Beowulf became the new king. His reign brought peace and prosperity to Geatland, and this lasted for fifty years, until one day, a dragon was awoken and threatened to burn down the country. Even though he was not the same young and strong warrior anymore, Beowulf was still brave. This shows another phase of Beowulf s life: in his youth, he was a warriorShow MoreRelatedThe Epic Of Beowulf As An Epic Hero1519 Words   |  7 Pagesaway following a journey, you have most likely read an epic. An epic by definition is â€Å"a long poem, typically one derived from ancient oral tradition, narrating the deeds and adventures of heroic or legendary figures or the history of a nation†. Every epic has a main character that undergoes the same archetypal journey as all other heroes, an epic hero. There are specific qualities one must have to be considered an epic hero. Each epic hero possesses superhuman strength, displays a strong sense ofRead MoreThe Epic Of Beowulf As An Epic Hero711 Words   |  3 Pagesthan the writer. These â€Å"epic heros† are protagonists that fulfill their potential of greatness through using their bravery, strength and humility for good. The near ancient tale of Beowulf is a classic example of an epic story that contains an epic hero. In this tale Hrothgar, the king of the Danes, has been terrorized by a beast known as Grendel. This beast has been murdering the king’s people and no one has come close to stopping this killer. A Geat warrior named Beowulf hears of the King’s predicamentRead MoreBeowulf : An Epic Hero930 Words   |  4 Pages The story of Beowulf shows its reader many characteristics of why this Anglo-Saxon poem is an epic. First of all, Beowulf is a warrior of epic renown by the time he formally introduces himself in the poem. Next, Beowulf is the warrior that many strive to be in life. In addition, Beowulf finds himself tackling many quests that involve dangerous beasts, or as he might call them, demons. The next quality shown by Beowulf is his bravery and honor. The reader is able to easily identify this characteristicRead MoreBeowulf, The Epic Hero1373 Words   |  6 Pages 2015 Beowulf, The Epic Hero In Anglo Saxon times, Beowulf is considered a well known epic hero. â€Å"Epic heroes are literary characters from ancient mythology and other stories, which were written down in the form of long, narrative epic poems. The hero is the main character, or protagonist of the poem†(Epic Hero: Definition, Characteristics Examples.). The epic hero usually battles for accomplishments to a set of tasks to complete important goals. Beowulf is described as an epic hero becauseRead MoreThe Epic Hero Of Beowulf866 Words   |  4 PagesAn epic hero is someone who is of great importance, they have supernatural abilities, have some form of connection with the Gods, and accomplish great deeds. In Beowulf, translated by Seamus Heaney, Beowulf is the epic hero in his tale and he is considered great by those who know of his life. There are two versions of his story which portrays him in a certain way. The video version does not do its best to portray him as an epic hero but instead show that he is a liar, a womanizer, and a coward. TheRead MoreBeowulf : An Epic Hero894 Words   |  4 Pages The character of Beowulf demonstrates several characteristics that make a great epic hero. Throughout his lifetime he displayed several characteristics such as honor, bravery, physical superiority, leadership, and glory. These characteristics all formed how the Anglo-Saxons believed one should live their life. Along with the valorous deeds that Beowulf accomplished he is considered to be a prime example of an epic hero. Beowulf would have even been considered a model human to the Anglo-SaxonsRead MoreBeowulf : An Epic Hero978 Words   |  4 Pages Beowulf is a character that exudes the qualities of an epic hero. Throughout this epic, Beowulf is seen as a hero to many and a major threat to the evils he encounters. The values of the Anglo-Saxons, who would have read and admired this poem, included loyalty, bravery, and honor. Beowulf’s character exemplifies all of these qualities to the highest degree. The values and traditions of the original composers of this story cause Beowulf’s character to be the perfect example of an Anglo-SaxonRead MoreBeowulf, the Epic Hero1431 Words   |  6 PagesBeowulf, the Epic Hero There have been many grand stories about great warriors, and champions; those about epic heroes however, are the truly exceptional tales. One such tale, over a thousand years old, stands out from all the rest: Beowulf, the tale of a great warrior, on his quest to achieve eternal glory, defeating great opponents. Throughout the whole story, Beowulf demonstrates most –if not all- of the qualities that an archetypal hero possesses. He embodies the highest ideals of his cultureRead MoreBeowulf: an Epic Hero983 Words   |  4 PagesGauvain British Literature Beowulf Essay 9/22/04 Beowulf: An Epic Hero According to Abrams, the heroic poem is a long verse narrative on a serious subject, told in an elevated style, and centered on a heroic or quasi-divine figure on whose actions depends the fate of a tribe, a nation, or the human race. Beowulf fits Abrams description of an epic, exhibiting all of the characteristics listed throughout the book, thus defining Beowulf as a hero and making the book an epic through its elevatedRead MoreBeowulf : The Epic Hero960 Words   |  4 PagesPotter, and Beowulf all have in common? They all demonstrate the qualities of epic heroes. Beowulf represents several characteristics of an epic hero and demonstrates the values of the Anglo-Saxons. He is the main character of his story, he has a main goal, he travels and fights with a group of people, and he accomplishes many valorous deeds; the values of the Anglo-Saxons are also shown through the actions of Beowulf, such as courage, loyalty, and fame. For example, when Beowulf heard a cry

Tuesday, December 17, 2019

Separating the Flames of Reality Essay - 577 Words

In Alice Walkers short story, Everyday Use, Wangero could have thought: Ashes to Ashes. Dust to Dust. Once the house burned, it, and its history is dead--lost in the flames-- the joy in a new start, a new life, a new name must have made Wangero want to dance around the ashes (66) of the house. Dee did in fact change her name to Wangero Leewanika Kemanjo. When her mother asked her why she didnt use her name anymore Wangero answered: Shes dead, I couldnt bear it any longer being named after the people who oppress me. (68) `She died in the same fire that burned down the house I suppose. So, like a phoenix rising from the ashes, Dee was reborn as Wangero. However, the night of the fire a flame of conflict was born for†¦show more content†¦Therefore, the separation between Maggie (and her mother) and Dee is also symbolically the separation between Wangero (fantasy) and Maggie (reality). The same objects that her mother and Maggie use everyday, Wangero wants to use artistically. The butter churn top she will use as a centerpiece for the alcove table,(69) but the quilts Wangero wants to Hang them As if that was the only thing you could do with quilts.(70) But of course Maggie cant appreciate these quilts! Shed probably be backward enough to put them to everyday use.(70) Consequently, the choice is between having objects just for show, or using the objects for what they were made. For the mother, the choice is not easy. The illusion of Wangero appears as a dream where the mother says she is a hundred pounds lighter, my skin like an uncooked barley pancake(65) her hair glistening in the lights. She dreams she has a quick and witty tongue.(65) Who wouldnt wish for such a dream to be real? But the reality is that she is like Maggie--always with one foot raised in flight.(65) Maggies mother is a large, big-boned woman.(65) She is not conventionally beautiful. TheShow MoreRelatedAnalysis Of Amis s Pages By Alistair Brown863 Words   |  4 PagesAs the reader progresses through Amis’s pages, it becomes apparent that the narrator retains his memory only from the novel’s commencement, identified in reality as Odilo’s death, yet he is unable to recall anything that happened prior to this event, forcing him to relive his life in order to understand it. This crucial point is Amis’s remark on the selectivity of memory, specifically the selectivity of those events which force us to question our humanity or in reference to an important event. OnRead MoreEssay on Religious Tradition of Nirvana in Hinduism and Buddism1317 Words   |  6 Pagesthey might talk about going to nirvana as an eternal reward after death. Then, of course, there’s the rock band who adopted the term Nirvana with a certain amount of irony. Furthermore, the word is fully imbedded in the modern vocabulary. But in reality, to most people in ¬ the Western world, religious nirvana is a total mystery. Both known religious traditions Hinduism and Buddhism focus on liberation from the endless cycle of rebirth and death and the suffering that comes with that cycle – knownRead MoreInternal And External Conflict In Shutter Island1505 Words   |  7 Pageswhere he had killed his wife because she drowns their three kids and can’t get over it which causes him to create fantasies of his own and ignore the reality around that also symbo lises his past life.In the opening scene, we see Teddy in the bathroom saying â€Å"pull yourself together, it’s just water†, but the water is a reflection of Teddy’s reality which is why he feels sea sick. Scorsese uses blue lighting to show depression, sadness and dullness that Teddy is feeling. When he goes out on the deckRead MoreSonnet 73 Poem Analysis1138 Words   |  5 Pagessecond self† (8), suggests night is the death of day and correlates it to the speaker’s imminent death. In the third quatrain, the speaker’s state of life is equated to a fire on the verge of burning out. Picturesque images of previously â€Å"glowing† (9) flames reduced to mere â€Å"ashes† (10), combine with grim words like â€Å"death-bed† and â€Å"expire† (11), to enhance the idea of senescence in the poem. Finally, the tone of the sonnet shifts in the couplet and Shakespeare employs a romantic mode of expression. ARead MoreAnalysi s Of The Unconstitutional 40 Year War On Students Essay1641 Words   |  7 Pagesethos technique of founding a common ground for which Tkacik and her audience can collectively stand upon proves to be effective for all her recent graduates who resonate with the feeling of being conspired against. Another critical technique in separating Tkacik’s audience from the opposing elite is her ability to illustrate inflammatory images. As she lays the groundwork for the ‘us’ side of the issue, Tkacik describes personal anecdotes of virtuous, respectable members of the working class likeRead MoreThe Holocaust : A Life Changing Event That Made Both The Conquered And Conquerors1418 Words   |  6 Pagesloved ones, most of the time forever. These stories display the courage and hope of ordinary people who just wanted to make it to the next day, by any means necessary. While reading I noticed that gender played a major role when it came to separating labor camps and concentration camps. Men and women were not allowed to be together at all. This created a disturbing environment for both the men and women that were being forced into these camps. While both groups faced discrimination and physicalRead MoreThe Central Station Essay2225 Words   |  9 Pagesmeasure, categorize, abstract to create an intelligent map of reality. That had the world of opposites. It is liner. A leads the institute word the natural world of consciousness, is multidimensional. Events do not occur one after the other in orderly fashion but all together as in synchronicity or sudden knowing. This knowing is a non cognitive experience of reality. The Turing point discussed in a most readable way the paradigms of reality as they have evolved with in the western world.†(8)LR Read MoreEssay on A Comparison of Two Christian Denominations1610 Words   |  7 Pagesre minds us of the seven sacraments. The churchs striking beauty does justice to the familiar phrase built for the glory of god, and its beauty is epitomized in the iconostasis. This is an elaborately decorated screen of icons separating the nave from the sanctuary. The iconostasis is a spiritual symbol of the gulf between heaven and earth, humans and the almighty God. Icons form an integral part of the Orthodox worship, as they believe that God is totally beyond humanRead MoreWater Supply Components Of A Water Services Development Plan4896 Words   |  20 PagesThese uses happen in a wide assortment of structures including doctor s facilities, schools, colleges, tyke consideration, restorative and dental offices, matured and private consideration, flat squares, veterinary surgeries, emergency vehicle and flame stations, eateries, inns, informal lodging, games grounds and offices, wellness focuses, campgrounds, plants, office pieces, exhibition halls and craftsmanship displays, beauticians, greenery enclosure focuses, penitentiaries, transport terminals andRead MoreEssay on Elder Scrolls III:Morrowind3837 Words   |  16 Pagesrealizes that it needs Frankenstein to open life’s possibilities to him. Thus, in this scene, Whale also highlights the negative potential of the creature, and foreshadows the final path that the creature must take. Fritz enters the scene carrying a flame which, as opposed to the light, represents the potential for pain and suffering. Simultaneously, Frankenstein begins to neglect his creation due to others’ expectations of the creature. Waldman, for example, judges the creation based on his criminal

Sunday, December 8, 2019

Essay for Aspects of Contract and Negligence for Business

Question: Discuss about the Essay for Aspects of Contract and Negligence for Business? Answer: A contract can be defined as a legally binding agreement between two or more competent parties in which there is a promise to perform something or abstain from performing something by one party against a return from the other party known to be as consideration. Business transactions are always enforced through a contract. Contracts have found their place in all walks of life. In essence, a few elements are essential for the formation of a valid contract (Furmston et al. 2012). A contract has to be valid in the eyes of the law in order for it to be enforceable. In simple terms, contracts are agreements that give rise to obligations that are recognized by the law. Parties entering into a contract must be competent to enter under the eyes of the law. The essential elements of a contract are as follows: Offer Offer is an expression or a proposition that is made by one party to another and is made with the intention for it to be binding once such proposition is accepted by the other party. The offeror must have the intent to be bound by the terms of the offer once it has been accepted by the other party. An offer can be placed with an individual, to a specified group of persons or to the world at large. An offer can be made expressly or by showing a conduct that amount to be an offer (McKendrick 2014). The element of intention is very important as there is a difference between an offer and an invitation. An invitation does not pose and obligations of performance as soon as it is accepted by the other party. One of the most significant case laws in this regard is the case of Carlill vs. Carbolic Smoke Ball Company (1893), in which it was held that the advertisement made by the company showed its intention to perform a contractual obligation once the offer is accepted by the other party. Acceptance Acceptance is the final assent given by the party to whom the offer is made to the terms of the offer. Again, in acceptance too the intention of the person accepting the offer is crucially important (Contracts and law: What you should know? 2016). Acceptance must show the intention of the party to be bound by the terms of the offer and perform contractual obligations once the contract comes into existence. An offer has to be accepted with its precise terms in order for it to be a valid agreement. An offer may be accepted expressly or by a conduct (McClelland 2013). Communication of the acceptance plays a major role in the formation of a contract. Postal Rule plays an important determining factor in such a case. If a letter of acceptance is communicated via post, acceptance is said to have taken place once the letter of acceptance is posted by the offeree. However, if post is excluded by express terms of the offer, the rule does not apply. Consideration Performing contractual obligations must be rewarded by something in return. This is known as consideration. Generally, money is the basic form of consideration. However, consideration may vary according to the type and nature of the contract (Latest Developments - UK and EU: UK and EU 2012). Consideration must not be from the past, i.e. it must be given against the promise made in the present contract. The main idea behind consideration is that the offeror has to sacrifice something against the act done by the offeree according to the terms of the offer (Cartwright 2014). Contractual Intention As mentioned earlier, contractual intention is one of the most vital elements while a contract is being formed. There should be an intention to create a legal relationship between the parties to the contract. In other words, the parties to the contract shall have the intention to be bound by the terms of the contract and perform their contractual obligations and made the agreement enforceable under the provisions of the law (Poole 2014). A contract is not valid under the law where there is no intention to create a legal relationship. In such cases, the onus of proof is on the party asserting to such connotation. A famous case in this regard is Balfour vs. Balfour (1919). Legal Capacity All people are not legally recognized to enter into a contract. The following people are considered to be incompetent to enter into a valid contract (Campbell 2014): People of unsound mind Minors Bankrupts Prisoners There are different types of contracts based on a few criteria that are discussed below: Contracts on the Basis of Formation Express Contracts: These are contracts were the terms of the offer; acceptance and consideration are expressly stipulated. The contractual obligations are unambiguous in such contracts (Types of Contracts 2016). Implied Contracts: These are contracts were the terms of the contract are not expressly stipulated. Such terms are implied and has to be identified by the parties to the contract. For example, sitting in a bus can be taken to be an implied contract between the passenger and the owner of the bus (Contracts 2016). Contracts based on the Nature of Consideration Bilateral Contracts: In these types of contracts, consideration moves in both ways, i.e. booth the parties to the contract receive a consideration. Unilateral Contracts: These are contracts in which the consideration move only in one direction after the formation of the contract. When contractual obligations are performed, consideration is paid by the offeror to the offeree (Contracts 2016). Contracts on the Basis of Validity Valid Contracts: The contracts that can be enforced in the courts of law are known as valid contracts. For a contract to be valid, all the essential elements of a contract has to be present, i.e. offer, proper acceptance, consideration and intention to create a valid legal relationship between the parties to the contract (Contracts 2016). Void Contracts: A contract that cannot be enforced in the court of law is called a void contract. In such cases, the formation of the contract is tainted and the essential elements are not present. Voidable Contracts: A contract is said to be voidable when there is a deficiency only in the free will of the parties to the contract. In other words, contracts that are made by exerting undue influence and pressure are said to be voidable under the provisions of the law (Contracts 2016). The aggrieved party or the party who has been pressurised to enter into a contract, has the option of making the contract voidable, i.e. he has the option not to perform the contractual obligations (Cornford 2013). Illegal Contracts: Contracts that have unlawful objects are said to be illegal contracts. Terms of a contract forms the basis of the entire contract. Contractual terms are generally classified under two heads as follows: Express Terms These are terms that the parties to the contract have set out specifically in their agreement. These terms are recorded in the agreement and become the reference to the contract. The entire contract is interpreted based on these express terms. The enforceability of the contract depends on the terms expressly specified in the contract (Contracts 2016). Implied Terms A contract may contain terms that are not specifically stipulated in the contract but determine its validity and enforceability. These terms are not included in the contract but are terms that the parties intended to include. The interpretation of these terms depends on the intention of the parties forming the contract. Sometimes, these implied terms are imported by the operation of the law. For example, when goods are sold, the law requires that the goods should be of a certain quality (WILLETT 2011). As mentioned earlier, in order to form a valid contract that is enforceable under the law, it has to fulfil certain essential elements. These elements are offer, acceptance, consideration and the intention of the parties to form a legal relationship. In the given case scenario, all these elements were present and the contract between Mary and Sales Are Us. We will be discussing the elements with reference to the case separately. Offer The store was selling electronic goods. They made an offer to sell these goods to the common people. In essence, the offer was made to the general public at large. The intention of the departmental store was clear and the offer was a valid one. The offer was a definite promise to be bound once the terms of the offer are accepted. In this case, the store was aware of the consequences of their offer once it is accepted by the person agreeing to buy goods from their store. Acceptance The offer made by the store was accepted duly by Mary when she selected a particular television and decided to buy it. The process of acceptance was complete when Mary communicated her intention to buy one television from the store. Therefore, the acceptance is valid under the eyes of the law. Mary duly accepted the offer by making her statement to buy a television set from the store. The acceptance given by Mary was unequivocal and communicated to the offeror in a proper manner (accaglobal.com 2016). Consideration The element of consideration was present as Mary made payments to buy the television set. A flow of consideration took place from Mary to the departmental store. Mary sacrificed money and the store sold the television set. The transaction was completed when the goods and money exchanged hands. The presence of a consideration is enough for the court to validate the contract between the parties. The question of adequacy does not arise as Mary agreed to make payments for buying the television set. Intention to Create Legal Relationship Both the parties had the intention to create a legal relationship between themselves. The store offered to sell a certain product against a price and Mary agreed to buy the television set at the agreed price. Payment was made and the sale transaction was duly concluded. This proves that both the parties agreed to honour their contractual obligations. Therefore, there was a legal relationship between the parties to the contract. Both the parties entered into the contract on their free will and with a proper understanding. Some terms of a contract are implied by the operation of the law and the prevalent statutes of the country. These terms are not specifically incorporated in the agreement between the parties to the contract but are considered to be valid in the eyes of the law. In the given case scenario, a sale transaction took place between Mary and the departmental store. Sale of good are governed by the Sale of Goods Act 1979 in the UK. The legislation recognizes the importance of some implied terms with reference to a contract. For example, the law requires the goods to be sold to be of certain quality and if sold for a particular purpose should be fit to serve that purpose (Elements of a contract - The Law Handbook 2015). In the given case, Mary bought a television set but when she tried to use it, the set exploded causing serious physical and financial injury to Mary. Therefore, the main intention of the television set was not fulfilled. According to section 14 of the Sale of Goods Act 1979, when a seller sells goods in the course of business, such goods are expected to be of satisfactory quality (Sale of Goods Act 1979 2016). The section {14 (2A)}further provides that by mentioning of satisfactory quality it means that the quality of the goods shall meet the standard that a reasonable person would regard as satisfactory by considering the description of the goods, the price and the circumstances under which the said goods were bought (Governing law and jurisdiction: Getting it right is crucial 2010). Section 14 (2B) stipulates the following with respect to the quality of the goods sold (Sale of Goods Act 1979 2016): Fitness of the goods for the purposes it was sold Appearance and finish Freedom from minor defects Durability and Safety In the given case, none of the stipulations of the law were maintained as the television set exploded the moment it was turned on by Mary. As a result, Mary was seriously injured and suffered significant financial losses additionally. It can be clearly inferred that the contractual obligations were not performed by the seller and the clauses pointed out by the manager of the store in the agreement between Marty and the store can be overruled. The intention of the seller was tainted and they are liable to pay compensation to Mary in this regard. Thus, the agreement can be made voidable by Mary, as there was a considerable amount of breach to the terms of the contract as stipulated by the law. As mentioned above, the question of the goods to be of certain quality is stipulated by the provisions of the law. In the given case scenario, there was a considerable amount of breach of these statutory terms by the seller (Contract Liability | Law Teacher 2016). The terms were breached without any lawful excuse and denied to perform the obligations stipulated under the contract. The contractual obligations were refused to be performed by the store and Mary has the following remedies available: Termination of the contract as a result of non-performance of contractual obligations by the seller The court may provide indemnity to Mary for the losses suffered by her as a result of buying a defective product Misrepresentation was made by the seller about the quality of the goods. The goods were not of satisfactory quality and as a result, Mary suffered severe physical injuries along with a considerable amount of financial loss. Damages can be claimed by Mary under section 2 of the Misrepresentation Act 1967 Mary will be liable to paid compensation for the breaches made by the departmental store Replacement of goods under section 48B of the Sale of Goods Act Remedies stipulated under the provisions of the Consumer Rights Act 2015 (Consumer Rights Act 2015 - Explanatory Notes 2016) It can be seen that Mary has a number of remedies available to her for the injuries caused to her. The quantum of remedies to be made available will depend on the court to decide. However, Mary suffered severe physical injuries and a considerable amount of loss of pay as she was unable to earn a living for three continuous weeks. These points are to be taken into consideration by the court while granting compensations to Mary. Tort is a branch of civil law and in general, tort signifies a civil wrong. Civil law deals with disputes between private parties. Tort relates to civil and private offences for which the court may grant monetary compensation to the aggrieved party. In the given case, hot coffee was accidentally poured by an employee of the Film Flops on the hand of Paul and later it was found that the employee was intoxicated. Strict liability is an important tort law doctrine that holds a person liable for damages caused by his acts. Under the strict liability doctrine, liability is imposed on a party without finding the fault as in such cases, finding a faulty will definitely result in negligence (Deakin, Johnston and Markesinis 2012). The plaintiff is only required to prove that a civil wrong has taken place and the defendant is responsible for such a wrong for which the plaintiff suffered injuries. The primary aim of strict liability under the law of tort is to prevent reckless behaviour and pre vent them from causing significant injuries to other people. Although, both tort and contracts deal with obligations, it is possible to distinguish between them. In contracts, the parties to the contract voluntarily accept contractual obligations. Whereas in tort obligations arise out of the acts of a person. The obligations in tort are compulsorily imposed by the operation of the law. A significant case in this regard is the case of Donoghue vs. Stevenson, in which the law imposed an obligation on not breaching the duty of care. In contract, the liabilities are determined between the parties to the contract and liability arises only when such terms of obligations are breached by the parties to the contract. On the other hand, liability under tort arises only when there is breach of duty fixed by the law (Contractual and tortious liability analysis | Law Teacher 2016). Therefore, it can be seen that the nature and incidence of liability is different for tort and contracts. In tort the liability is fixed by the law and in contracts, the liabili ty is determined by the parties to the contract as incorporated by the terms of the contract. Negligence can be said to be a failure to perform a duty of care that a general person would exercise in normal circumstances. Under negligence the nature of obligation is not determined by the parties but by the operation of the law (Clarke 2016). Causation is an important element while determining the nature and quantum of negligence. The key question here becomes whether injuries have been suffered or not but for the negligence of the defendant. An important case with respect to causation is the case of Barnett v Chelsea and Kensington HMC(1969). Determining the duty of care is also an essential element for determining liability under negligence. Once the nature of the duty of care is established, the actions of the defendant are judged by the standard of a reasonable man for ascertaining whether there was a breach of the duty or not (BASIC PRINCIPLES OF ENGLISH CONTRACT LAW 2016). A notable case in this regard is Blyth v Birmingham Water Works(1856). Another important aspect of l iability under negligence is remoteness or foreseeability. The nature and extent of damage to be caused by an act determines the extent of liability under negligence. If a negligent act causes injury to a plaintiff, the foreseeability of the incident is determined. In the given case, the employee of Film Flops was intoxicated and was not in a condition to exercise his duty of care. This situation resulted in causing injury to Paul. It was foreseeable that an intoxicated person will not be able to impart his duty in a proper manner (Negligence 2016). Therefore, strict liability arises on part of the employee and that of Film Flops. The following important factors are to be ascertained while defining liability under negligence: The defendant owed a duty of care The defendant was in breach of such a duty The breach of duty caused damage to the plaintiff The damage was not too remote All these elements are required to be verified before the court passes a judgement. However, under the law of tort, the plaintiff is only required to prove that there was a duty of care to be performed and the plaintiff was in breach of such a duty. Vicarious liability is a doctrine under the English tort law that imposes a strict liability on the employers for the acts of their employees. Under this doctrine, an employer is held liable for the wrong doings of their employee while the employee is imparting their duties (Tan 2015). An important case in this regard is the case of Lister v Hesley Hall Ltd (2002). In the mentioned case, it was held that where an action of tort is closely connected with the duties that are to be performed by the employee, the employer can be found to be vicariously liable for such tort of the employee (Riley 2010). The concept of enterprise risk can be found in the Supreme Court case of Catholic Child Welfare Society v Institute of the Brothers of the Christian Schools (2012). In the given case, Film Flops can be held vicariously liable for the acts done by its employee that caused harm to Paul. The employee was intoxicated and poured hot coffee on the hand of Paul while he went to see a movie. The employee was performing his usual duty at that time and in the course of his employment. The tort or wrong doing took place in the premises of the employer and Paul suffered injuries due to the negligent act of the employee. Therefore, the employer can be found vicariously liable for the acts of its employee and Paul can take legal action against Film Flops. References BASIC PRINCIPLES OF ENGLISH CONTRACT LAW. (2016). [online] Available at: https://www.a4id.org/sites/default/files/user/documents/english-contract-law.pdf [Accessed 7 Mar. 2016]. Campbell, D., 2014. Review of C. Mitchell, Contract law and contract practice.Law Quarterly Review,130, pp.526-529. Cartwright, J., 2014.Contract law: An introduction to the English law of contract for the civil lawyer. AC Black. Clarke, P. (2016).Contract and Tort Law | LegalMatch Law Library. [online] Legalmatch.com. Available at: https://www.legalmatch.com/law-library/article/contract-and-tort-law.html [Accessed 7 Mar. 2016]. Consumer Rights Act 2015 - Explanatory Notes. (2016). [online] Legislation.gov.uk. Available at: https://www.legislation.gov.uk/ukpga/2015/15/notes [Accessed 7 Mar. 2016]. Contract Liability | Law Teacher. (2016). [online] Lawteacher.net. Available at: https://www.lawteacher.net/free-law-essays/contract-law/contract-liability.php [Accessed 7 Mar. 2016]. Contracts and law: What you should know. (2016). [online] Inbrief.co.uk. Available at: https://www.inbrief.co.uk/contract-law/contracts.htm [Accessed 7 Mar. 2016]. Contracts, T. (2016).Laws of Business: Types of Contracts. [online] Lawsofbusiness.com. Available at: https://www.lawsofbusiness.com/2013/08/types-of-contracts.html [Accessed 7 Mar. 2016]. Contractual and tortious liability analysis | Law Teacher. (2016). [online] Lawteacher.net. Available at: https://www.lawteacher.net/free-law-essays/contract-law/contractual-and-tortious-liability-analysis.php [Accessed 7 Mar. 2016]. Cornford, T., 2013.Towards a public law of tort. Ashgate Publishing, Ltd.. Deakin, S., Johnston, A. and Markesinis, B., 2012.Markesinis and Deakin's tort law. Oxford University Press. Elements of a contract - The Law Handbook. (2015). [online] The Law Handbook. Available at: https://www.lawhandbook.org.au/07_01_02_elements_of_a_contract/ [Accessed 7 Mar. 2016]. Furmston, M.P., Cheshire, G.C. and Fifoot, C.H.S., 2012.Cheshire, Fifoot and Furmston's law of contract. Oxford university press. Governing law and jurisdiction: Getting it right is crucial. (2010). [online] Agentlaw.co.uk. Available at: https://www.agentlaw.co.uk/site/briefing_notes/Getting_it_right_is_crucial.html [Accessed 7 Mar. 2016]. https://www.accaglobal.com, A. (2016).Key aspects of the law of contract and the tort of negligence | ACCA Qualification | Students | ACCA Global. [online] Accaglobal.com. Available at: https://www.accaglobal.com/uk/en/student/exam-support-resources/fundamentals-exams-study-resources/f4/technical-articles/key-aspects-of-the-law-of-contract-and-the-tort-of-negligence.html [Accessed 7 Mar. 2016]. Latest Developments - UK and EU: UK and EU. (2012).Capital Markets Law Journal, 7(2), pp.184-197. McClelland, J., 2013, June. Rediscovering the Contract of Employment for Non-Standard Workers in the UK Common Law. InLabour Law Research Network Inaugural Conference, Barcelona, June(pp. 13-15). McKendrick, E., 2014.Contract law: text, cases, and materials. Oxford University Press (UK). Negligence. (2016). [online] E-lawresources.co.uk. Available at: https://e-lawresources.co.uk/Negligence.php [Accessed 7 Mar. 2016]. Poole, J., 2014.Textbook on contract law. Oxford University Press, USA. Riley, C. (2010). The Not-So-Dynamic Quality of Corporate Law: A UK Perspective on Hansmann's 'Corporation and Contract'.King's Law Journal, 21(3), pp.469-494. Sale of Goods Act 1979. (2016). [online] Legislation.gov.uk. Available at: https://www.legislation.gov.uk/ukpga/1979/54/contents [Accessed 7 Mar. 2016]. Sale of Goods Act 1979. (2016). [online] Legislation.gov.uk. Available at: https://www.legislation.gov.uk/ukpga/1979/54/section/14 [Accessed 7 Mar. 2016]. Sale of Goods Act 1979. (2016). [online] Legislation.gov.uk. Available at: https://www.legislation.gov.uk/ukpga/1979/54/section/48B [Accessed 7 Mar. 2016]. Tan, D., 2015. Internalising Externalities-An Enterprise Risk Approach to Vicarious Liability in the 21st Century.SAcLJ,27, p.822. Types of contracts | business.gov.au. (2016). [online] Business.gov.au. Available at: https://www.business.gov.au/business-topics/business-structures-and-types/independent-contractors/understand-contracts/Pages/types-of-contracts.aspx [Accessed 7 Mar. 2016]. Types of Contracts. (2016). [online] TheFreeDictionary.com. Available at: https://legal-dictionary.thefreedictionary.com/Types+of+Contracts [Accessed 7 Mar. 2016]. WILLETT, C. (2011). THE FUNCTIONS OF TRANSPARENCY IN REGULATING CONTRACT TERMS: UK AND AUSTRALIAN APPROACHES.International and Comparative Law Quarterly, 60(02), pp.355-385.

Sunday, December 1, 2019

The Modem Essay Example For Students

The Modem Essay First of all I would like to start with an introduction I chose this topicbecause I thought it would be interesting to learn about how a modem works in acomputer. With modem we are able to access the Internet BBS or Bulletin BoardSystems. The MODEM is one of the smartest computer hardware tools ever created. modem isan abbreviation of Modulator De Modulator it is fairly simple to explain;through the telephone lines we are able to send messages between one singlecomputer or a group of computers. The Originating computer sends a coded messageto the Host computer which decodes it and there we have the power to access theInternet, talk to other people through terminal programs and retrieve files fromother computers. The first patented computer modem was made by Hayes in theearly eighties and from there they rapidly developed the first modem speed was300 baud and from there a 600 baud than 1200 and so on. The fastest modem madetoday is a 56k which is very fast. Not as fast as ISDN (The Wave offered throughRogers cable) or even as advanced as Satellite modem. Most people now have 14.4or 28.8 baud modems (Baud is Slang for Baud Rate Per Second) the reason forthe increase in 14.4 and 28.8s is that they are cheap and fairly re cent andhavent gone out of date yet. There are two types of modem external andexternal modems internal plugs into a 16 bit port inside your computer andexternal connects through either a serial (mouse)port or a parallel(printer)port most people like the external modems because they dont take up anextra space in your computer (according to PC Computing) prices in modems rangeprice from $100 (28.8bps) to $500(software upgradable 56k). Facsimile machinesalso have a form of modem in them, usually a 2400baud modem to decode themessage. So imagine a world without the modem for a second; NO fax NO InternetNO direct computer communications whatsoever. We will write a custom essay on The Modem specifically for you for only $16.38 $13.9/page Order now The three major modem manufactures are Hayes (original modem) US Robotics andMicrosoft. In conclusion life today it would be very hard to live without modems somebusinesses would cease to exist due to ill communications between offices andwithout modems we wouldnt have videoconfrencing e-mail and other tools we havecome to rely on in the past 15 years not to mention the phone companies loss nothaving to put in all of those extra phone lines because normal voice lines aretied up due to modem use. I believe that the modem is a very important andinteresting tool of communication and the Internet is wonderful for knowledgedue to the fact that is where I got almost all of my information today. Thank--You for reading my independent study and I hope you learned something from it. Category: Technology