A Hanging By George Orwell - 799 Words

â€Å"A Hanging† by the visionary English writer, George Orwell, is a non- fiction prose. A Hanging is an account of Orwell’s experience of capital punishment. Orwell’s purpose of A Hanging is to evoke reader’s sympathy for the plight of the prisoner. This essay will discuss how Orwell’s account made the reader consider their views on the ongoing concern of capital punishment, through the use of effective language. The Autobiographical account is set in Burma during the 1920’s, when Orwell was stationed there as a senior police officer. He retells the incident of a hanging of a Hindu man where he witnesses what would seem minor incident which will form a turning point in his views about the use of capital punishment. In order to help us understand his views on capital punishment Orwell selects his detail carefully. The setting immediately highlights the poor conditions in which the prisoners are kept â€Å"small animal cages† the conditions in which the prisoners are kept in are described as being inhuman and zoo like. Orwell goes on further to express this image by describing the prisoners as being animals, â€Å"squatting† continues the animal image and evokes the reader’s sympathy. The setting and physical description of the prisoners combine to engender the readers sympathy for the prisoner which is the central purpose of the text. The contrast between the prisoner and the guard evokes the reader’s sympathy when the prisoner is described as â€Å"a puny wisp of a man† and then the prisonShow MoreRelatedA Hanging By George Orwell1141 Words   |  5 PagesIn George Orwell’s â€Å"A hanging†, George uses his personal experiences as an Assistant superintendent in the British Imperial Police from 1922 to 1927 to convey his argument against capital punishment. Orwell as an officer of the law is sworn to enforce the laws of the state, even if he disagrees with them morally. Orwell wrote â€Å"A Hanging† using an event he acted in to describe his point on why capital punishment is a crime against nature. Although as a police man he could not oppose the law, his storyRead MoreGeorge Orwell s A Hanging Essay2293 Words   |  10 Pagesside could be strongly argued. â€Å"A Hanging† by George Orwell is a prime example of this type of work, as the 1931 essay provokes thought on th e issue of capital punishment. The story details an experience Orwell had during his work in Burma in which he was present for one prisoner’s execution. There is certainly conflict within Orwell for taking part in this event, and for being in relation to the functionaries responsible for carrying out the sentence. While Orwell does not make his belief on capitalRead MoreAnalysis Of George Orwell s A Hanging 1765 Words   |  8 PagesUnder the pen name of George Orwell, Eric Arthur Blair writes an essay titled, â€Å"A Hanging,† to show how capital punishment is wrong. This essay is a past experience Orwell has been across. Orwell changes his view on capital punishment, who has the right to shorten someone’s life. Orwell witnesses a hanging of a Hindu man and realizes that it is inhumane and immoral to take a life away from someone. Although Orwell has helped with hangings in his past he realizes that capital punishment is wrong andRead MoreEssay about A Hangin g by George Orwell877 Words   |  4 Pagesimpact on you because of its effective style. Discuss how the writer’s style adds to the impact of the content. â€Å"A Hanging† by George Orwell is an influential, autobiographical essay, in which the subject of capital punishment is powerfully examined. The essay is based on a prisoner’s execution in a Prisoner of War camp in Burma during the Second World War. In the essay, Orwell is a prison guard for the camp and carefully illustrates his views on capital punishment. The structure of the essay isRead MoreGeorge Orwell s Shooting An Elephant And A Hanging 860 Words   |  4 PagesIn George Orwell’s Shooting an Elephant and A Hanging. The setting of both the spots was in Burma, a nation in Asia. In A Hanging the setting was principally in a correctional facility while in Shooting an Elephant was in a Moulmein, in lower Burma where an Elephant went quiet . The Characters in A Hanging were for the most part a Hindu who was little whit no hair and obscure fluid eyes, additionally he had a thick, mustache which was humongous for his body. Additionally George OrwellRead MoreAnalysis Of George Orwell s The Voice Of A Generation 884 Words   |  4 Pagesgeneration? George Orwell’s pieces of writing were the voice of an age due to his style of writing. Orwell follows the principles of imagery, tone and ethos, meanwhile creating his own rules. Orwell weaves these principles together to write two famous stories that are packed with ethos and told in great detail. Why give a common man more credibility than an emperor? Orwell’s writing style gives him immense credibility because of the sheer detail, vivid color and description. Orwell achieves thisRead MorePride and Power in George Orwells Shooting an Elephant and A Hanging975 Words   |  4 PagesElephant,† George Orwell describes his experience of shooting an elephant. In â€Å"A Hanging,† he describes the emotions that run through him as he watches the hanging of a prisoner. Both essays have similar key ideas that identify Orwell as a writer. The results of pride and power contribute to the themes that connect his essays and identify Orwell as a descriptive writer. One of Orwell’s distinctive characteristics is his emphasis of his emotional response to life and death in every situation. Orwell engagesRead MoreA Hanging By Eric Blair1412 Words   |  6 PagesIn 1931 â€Å"A Hanging† by Eric Blair, a little-known author from London, was published for the first time in the Adelphi magazine. Blair is a famous writer who is known today as someone who confronted some of the major political movements of his time. Although, Blair did not start his career off as a writer. For five years Blair spent his time in Burma working in the Indian Imperial Police, just like his father, until he resigned in January 1928. Somewhere along the line Blair realized that this lineRead MoreGeorge Orwells Stance on Capital Punishment in Essay, A Hanging611 Words   |  3 Pages The essay â€Å"A Hanging† by George Orwell speaks to the reader about the author’s stance on capital punishment. I believe that Orwell was able to communicate his po int, without actually saying I’m against capital punishment, through three steps. The first step is to set the mood and bring you into his perspective. From the dreary description of the morning to the slow procession of the condemned man to the gallows, Orwell puts the reader in a mood that conveys the experience of watching a man die.Read More Capital Punishment in the Work of George Orwell, H.L. Mencken, and Norman Mailer728 Words   |  3 PagesCapital Punishment in the Work of George Orwell, H.L. Mencken, and Norman Mailer   Ã‚  Ã‚  Ã‚  Ã‚  Capital punishment in the essays by George Orwell, H.L. Mencken, and Norman Mailer was a necessary evil to deter crime. These authors incorporated the use of alcohol or drugs as mind-altering chemicals to relieve the pressures of the characters involved in death due to capital punishment. Chemicals such as drugs and alcohol can be used for the pleasure of relieving stress, a means to forget, or a way to subdue

The Adventures of Huckleberry Finn by Mark Twain - 607 Words

The novel The Adventures of Huckleberry Finn by Mark Twain captures the controversy of slavery during the 1800s as well as the debate on what type of morality is essentially â€Å"right†. This book focuses on a young boy named Huck Finn who tries to overcome all of the prejudices and moral prohibitions that society has created. Huck is determined to defy society and its restrictions. When comparing Huck to myself, we share many traits as well as some differences between us. Huck and I differ because we grew up in different environments and circumstances. However, we have some similarities such as our need to be independent and how we are both essentially realists. Huck and I differ greatly due to the fact that we both grew up in very different environments and circumstances that made us who we are. He grew up in the 1800s, a time where slavery was popular and accepted throughout much of the southern U.S. Unlike Huck, I was born long after slavery was abolished and after the Ci vil Rights Movement. Therefore, we both have different outlooks when it comes to slavery, human rights, equality, etc. Compared to the 1800s, we have come a long way with equal right for African-Americans, but we haven’t quite reached complete equality to this day. Young Huck also grew up with an abusive and drunk father. His father would beat him or threaten to beat him constantly: â€Å"He said he’d cowhide me till I was black and blue if I didn’t raise some money for him. I borrowed three dollars from JudgeShow MoreRelatedThe Adventures of Huckleberry Finn by Mark Twain830 Words   |  3 PagesThe Adventures of Huckleberry Finn by Mark Twain is â€Å"A Great American Novel†, because of its complexity and richness. Twain writes dialogue that brings his characters to life. He creates characters with unique voice and helps the reader connect to the book. Anyone who reads it is forced to develop feelings for each character. Even though there is a great a mount of controversy over the use of some choices, such as the â€Å"n word†, it makes the book more realistic. In the beginning of the novel Huck,Read MoreThe Adventures Of Huckleberry Finn By Mark Twain1103 Words   |  5 PagesDmitri Van Duine Jr English Mr. Nelson November 27th The Adventures of Huckleberry Finn: Huck Finn and Tom Sawyer The Adventures of Huckleberry Finn, Written by Mark Twain filled his stories with many examples of satire as to convey a message while also writing an interesting story. The Adventures of Huckleberry Finn revolves around the adventures of a young boy called Huckleberry Finn, who is about thirteen years old. Tom Sawyer is Huck’s best friend and around the same age as Huck. He is onlyRead MoreThe Adventures Of Huckleberry Finn By Mark Twain Essay1055 Words   |  5 PagesZambrano Mrs. Patmor AP Lit-Period 5 28 September 2016 Adventures of Huckleberry Finn 1835 Mark Twain embodies realism in almost every aspect of his writing not excluding The Adventures of Huckleberry Finn, which in he portrays such a lifelike setting that it almost gives you this sense of reality through the point of view of a young man that has an urge for freedom yet struggles to conform to society s norms due to his adolescence. Twain s ability to unmask the true identities of the charactersRead MoreThe Adventures Of Huckleberry Finn By Mark Twain931 Words   |  4 PagesWolski Mrs. Goska English 2H Period 3 22 October 2014 The Adventures of Huckleberry Finn Mob mentality is the way an individual’s decisions become influenced by the often unprincipled actions of a crowd. Mark Twain penned The Adventures of Huckleberry Finn. Twain grew up in America’s southern states during the early 1800’s, a time in which moral confusion erupted within the minds of humans. The Adventures of Huckleberry Finn s protagonist is a young boy named Huck who freely travels alongRead MoreThe Adventures Of Huckleberry Finn By Mark Twain1375 Words   |  6 Pagesmention the years spent growing and maturing physically. Teenagers are stuck in an inbetween state where they must learn who they want to become and what they want to be when they grow older. The same is true for Huckleberry Finn, from the book â€Å"The Adventures of Huckleberry Finn† by Mark Twain. This is a book that was written in a time of great confusion over moral codes and standards. It was a world split in half by two different worlds of people; those who opposed, a nd those who promoted slavery.Read MoreThe Adventures Of Huckleberry Finn By Mark Twain2083 Words   |  9 PagesSatire in Huckleberry Finn In the novel â€Å"The Adventures of Huckleberry Finn† by Mark Twain, we are told a story about a young boy and his slave companion’s journey down the Mississippi River and all of their encounters with other characters. Twain constructed a beautiful narrative on how young Huck Finn, the protagonist in the story, learns about the world and from other adult characters, how he is shaped into his own person. At the time this book was made however, this novel provided serious socialRead MoreThe Adventures Of Huckleberry Finn By Mark Twain1005 Words   |  5 Pages In the Adventures of Huckleberry Finn written by Mark Twain in the 19th century is about a young boy named Huck Finn and Jim, a runaway slave who go on an adventure. The two travel on a raft along the Mississippi river creating a bond and making memories. Mark Twain presents Huckleberry Finn as a dynamic character who at first views Jim as property and eventually considers Jim as a friend, showing a change in maturity. In the beginning of the book, Huck Finn clearly sees Jim as nothing more thanRead MoreThe Adventures Of Huckleberry Finn By Mark Twain1335 Words   |  6 Pagesyear The Adventures of Huckleberry Finn is placed in the top ten banned books in America. People find the novel to be oppressing and racially insensitive due to its frequent use of the n-word and the portrayal of blacks as a Sambo caricature. However, this goes against Mark Twain’s intent of bringing awareness to the racism in America. The Adventures of Huckleberry Finn by Mark Twain is classified under the genre of satire and is narrated by a fictional character named Huckleberry Finn. The novelRead MoreMark Twain and The Adventures of Huckleberry Finn1575 Words   |  6 Pages Mark Twain and The Adventures of Huckleberry Finn Controversy Mark Twain, born Samuel Langhorne Clemens, is a highly recognizable figure in American literature. Born in Florida, Missouri Mark Twain and his family moved to Hannibal, Missouri where Twain discovered and fell in love with the mighty Mississippi River. The river and his life in Hannibal became his inspiration and guiding light in most of his writing. Although Twain loved the river and did a great deal of traveling, he eventuallyRead MoreThe Adventures Of Huckleberry Finn By Mark Twain810 Words   |  4 PagesBefore Mark Twain started to write two of his most famous novels, The Adventures of Tom Sawyer and Adventures of Huckleberry Finn, Mark was known to use his characters to display his own thoughts and opinions. â€Å"This device allowed him to say just about anything he wanted, provided he could convincingly claim he was simply reporting what others had said.† (Twain, 1283). Mark Twain used this process to be a foundation of his lectures, by manipulating his popularly w ith his readers. During the story

Basics of Cdma free essay sample

Part1 Basic knowledge of CDMA Agenda 1. Architecture of CDMA system/ Coverage Area Structure 2. Interface between different entities 3. Numbering plan Architecture of CDMA system MS Um Abis A B OMC BT S BSC MSC VLR D HLR H BSS C MSS AUC †¢MS: †¢BSC: †¢BTS: †¢MSC: †¢VLR: †¢HLR: †¢AUC: †¢OMC: Mobile Station Base Station Controller Base Transceiver Station Mobile Switching Center Visitor Location Register Home Location Register Authentication Center Operation and Maintenance Center 1. Main components of CDMA †¢MSS (Mobile Switching Sub-system) †¢BSS (Base Station Sub-system) †¢MS (Mobile Station) †¢OMC (Operation and Maintenance Center) . 1 Base Station Sub-system †¢Function It provides trunks between wireless part and fixed part of PLMN network. BSC BSC performs the controlling function and management. BTS BTS is in charge of wireless transmission. 1. 2 Mobile Switching Sub-system †¢Function —CDMA switching fu nction —Manage mobile subscriber data —Manage database for mobile service —Interface between CDMA network and other network (such as PSTN, other PLMN etc. ). †¢It includes 4 function units: MSC HLR VLR AUC 1. 2. Mobile Switching Center(MSC) †¢It is responsible for setting up, managing and clearing connections as well as routing the calls to the proper user. †¢ It provides the network interfaces, the charging function and the function of processing the signaling. †¢ MSC gets data for call handling from 3 databases: VLR/HLR/AUC †¢ GMSC(gateway):When a non-CDMA end subscriber calls a CDMA subscriber, the call will first be routed to a GMSC. †¢It can process the No. 7 signaling between BSS and MSC, and realizes the auxiliary radio resource management and mobile management. 1. 2. Visitor Location Register(VLR) †¢VLR is a dynamic database used by MSC for information index. It stores all related information of mobile subscribers that enter its coverage area, which enables MSC to set up incoming and outgoing calls. †¢Subscriber parameters include: subscriber number, location area identity(LAI), userâ₠¬â„¢s status, services which subscriber can use and so on. †¢When the subscriber leaves this area, it should register in another VLR, and the previous VLR will delete all the data about this subscriber. †¢ VLR can be built together with the MSC or set separately. 1. 2. Home Location Register(HLR †¢ HLR:It is a static database. When a user applies for mobile service, all data of this subscriber will be stored in HLR. †¢Information: -Subscriber information (ESN, MDN, IMSI, MIN), service information and valid term. -The mobile subscriber location (MSC/VLR address), so as to set up the call route to the MS. †¢ HLR can be built together with the MSC or set separately. 1. 2. 4 Authentication Center †¢ It is an entity to prevent illegal subscribers from accessing CDMA network. It can generate the parameters to confirm the subscriber’s identity. At the same time it can encrypt user’s data according to user’s request. †¢ Composition — Database save MIN,ESN, Authentication Key) — Generator of random number — Algorithm(CAVE algorithm) — AUC can be built separately or together with HLR 1. 3 Operation and Maintenance Center (OMC) OMC provides operation and maintenance services to the network operator, manages the registered subscriber information and conducts network planning to enhance the overall working efficiency and service quality of the system. Based on the main maintenance functions, there are two types of operation and maintenance centers: OMC-S and OMC-R. The OMC-S is mainly responsible for maintenance of MSS while the OMC-R is mainly for BSS. We also call OMC as background. wireless Area partition CDMA service area PLMNService area MSCService area Location area cell Wireless coverage area structure wireless Area partition †¢ Cell The smallest area that can not be divided. †¢ Location area: The area where MS moves without updating location. It includes some cells. It only belongs to one MSC. It includes one or more BSC. One location area has one LAI to identify each other. wireless Area partition †¢ MSC service area: The area that all the cells controlled by one MSC covered. One MSC composes one or more location areas. †¢ PLMN service area: It includes one or more MSC service areas. †¢ CDMA service area: It includes global PLMN networks . Agenda 1. Architecture of CDMA system / Coverage Area Structure 2. Interface between different entities 3. Numbering plan The interface and protocol between entities The difference between interface and protocol: †¢The interface: The connection point between two adjacent entities. †¢The protocol: To illustrate the rules followed when information exchanged at the connection point. The interface between entities MS U m MSC E Abis SCP PSTN ISDN PSPDN B D T2 BTS Q BSC Q A MSC/SSP C VLR Q N OMC SC M HLR H SCP SME AUC 1 . Um interface Um interface defines the communication interface between MS and BTS, also called air interface. †¢ It realizes the compatibility between all kinds of MS and different BTS, so that the MS can roaming. (It is an open interface) †¢ It adopts some anti-blocking technology and measurements to reduce interference and improve the frequency spectrum efficiency. †¢ It realizes the physical connection between MS and CDMA network. (that is wireless link). 2. Abis interface The interface between BTS and BSC, used for remote connection. †¢2. 048 Mbps PCM digital link 3. A interface †¢It is the interface between BSC and MSC †¢It is based on 2. 048Mbps PCM digital links †¢The standard protocols for this interface include IS634, IOS2. 4 and IOS4. 0, etc. †¢A-Interface is mainly used to transmit the following information: — BSS management information — Call processing — Mobility management †¢It is an open interface. 4. B interface †¢The interface between MSC and VLR. †¢ MSC transfer the location information of roaming subscriber to VLR. †¢ Query subscriber data from VLR when setting up the calls. Usually VLR is built with MSC together, so the interface turns to be an internal interface and has no standard rules. 5. C interface †¢The interface between MSC and HLR. †¢The system adopts IS-41D protocol. The interface is based on 2. 048Mb/s PCM digital link. †¢When a MS is called, MSC must query the called MS’s routing message from HLR through this interface to locate the called MS, and according to the record, HLR will return the routing message(MSC/VLR number) to MSC. 6. D interface †¢The interface between VLR and HLR. †¢The system adopts IS-41D protocol. The interface is based on 2. 48Mb/s PCM digital link. †¢The interface is used for exchange of s ubscriber location information, authorization information and service data. 7. E interface †¢The interface between MSC and MSC. It is used for channel change over between 2 MSC †¢The system adopts IS-41D protocol. The interface is based on 2. 048Mb/s PCM digital link. †¢When a mobile station roams from one MSC to another during the speaking, the MSC will perform handover to keep the subscribers conversation uninterrupted. In this case, data exchanging must be implemented between the MSCs. 8. Q interface †¢Interface between SC and MSC. †¢The system adopts ANSI-41E protocol. The interface is based on 2. 048Mb/s PCM digital link. †¢In submission and reception of short messages, short messages are transferred among the short message centers and the mobile switching centers. At the same time, when the subscribers short message capability changes, the mobile switching center should notify the short message center promptly. 9. Ai interface: The interface betwe en MSC and PSTN, used for setting up voice connection between PSTN and PLMN. Agenda 1. Architecture of CDMA system/ Coverage Area Structure 2. Interface between different entities 3. Numbering plan †¢ E. 164:The international public telecommunication numbering plan †¢ E. 212:International identification plan for mobile terminals and mobile users 1. Mobile Directory Number (MDN) †¢ †¢ the numbering format of MDN and HLR Number and Subscriber Number depends on specification by countries and not necessarily same as with CHINA An MDN number is the number dialed by the Caller. Composition of an MDN number. CC + MAC + H0H1H2H3 + ABCD International MDN National MDN CC: Country Code (CC=86 in China ) MAC: Mobile Access Code(China:133,134) H0H1H2H3 : to identify different HLR ABCD: mobile subscriber number . International Mobile Subscriber Identification number (IMSI) †¢IMSI can identify a mobile subscriber in the PLMN network. †¢IMSI is used in signaling in a CDMA network, stored in HLR, VLR and the UIM card. †¢Composition of an IMSI number: MCC + MNC + MSIN †¢MCC †¢MNC Mobile Country Code (MCC=460 in China ) Mobile Network Co de (China :03) †¢MSIN Mobile Subscriber Identification Number, a 10-bit algorism number, expressed as XX + HoH1H2H3 + ABCD XX is allocated by international organization (China:09 or 03) HoH1H2H3 is the same as HoH1H2H3 in the MDN number. ABCD is a subscriber number. 3. Mobile station Identification Number (MIN) MIN is the same as MSIN 4. SID Switch No. †¢SID: System Identification. Each mobile local network is assigned with an SID, which is decided by the headquarter. †¢Switch No. :To identify different equipments with the same SID. 5. HLRIN HLRID †¢HLRIN (HLR number) is used in the No. 7 signaling. Composition : MCC + MNC + XX + HoH1H2H3 + 0000 †¢HLRID:HLR Identification. Including: SID Switch No. 6 . MSCIN MSCID †¢MSCIN (MSC number) is used in the No. 7 signaling. Composition : MCC + MNC + XX + 44 + M1M2M3 + 100 M1M2M3: to identify different MSC/VLR †¢MSCID: MSC Identification. Including: SID Switch No. 7. Temporary Local Directory Number (TLDN) †¢TLDN is a number temporarily assigned by VLR of the called party. †¢In CDMA system, TLDN is used only when the calling and the called are not in the same MSC/VLR. †¢TLDN is released after the completion of the voice connection, then it can be assigned to another subscriber. †¢Composition of an TLDN number: CC + MAC + 44 + M1M2M3 + ABC 8. Location Area Identification number (LAI) †¢LAI is used to identify the location area. Its structure is: MCC MNC LAC MCC and MNC : same as the MCC and MNC in IMSI. LAC is a location area code that uniquely identifies each location area in our digital PLMN. It is a 2-byte hexadecimal BCD code represented by L1L2L3L4 (with the range of 0000 FFFF, able to define 65536 different location areas. ) 9. Global Cell Identification (GCI) †¢It identifies certain cell in a location area. †¢Structure: MCC+MNC+LAC+CI CI:2 bytes hexadecimal BCD code. 10. Electric Serial Number (ESN) It is set by the manufacture of the mobile station. The End Kuldeep Kumar

Jazz and Hip Hop Similarities and Differences Essay

Table of Contents Introduction Similarities between Jazz and Hip Hop Differences between Jazz and Hip Hop Conclusion Works Cited Introduction The essay is a comparative paper regarding jazz and hip hop music. These two set of music came to limelight thanks to the rich culture as well as inborn love and passion for music of African Americans. It is worth to note from the onset that this music is very popular globally (Carney 82).Advertising We will write a custom essay sample on Jazz and Hip Hop: Similarities and Differences Essay specifically for you for only $16.05 $11/page Learn More Both hip hop and jazz are closely linked and for that matter there are a number of similarities they share prompting some individuals to pronounce that hip hop is ‘the jazz of young individuals in the society’. To the extreme there are some who hold that the two are similar and may use the names interchangeably. However, these two set of music have clear d istinctions. Similarities between Jazz and Hip Hop As suggested by Carney 125 a major similarity between hip hop and jazz is that the architects are African American. Their passion, rich culture and love for music saw to it that the music came to be what it is today. On the same note, the country of origin of this music is common to both. United States of America is where jazz and hip hop originated. Additionally, the two music genres have been widely and lovingly embraced. It is worth noting that it is not only Americans who love the music but other varied cultures across the globe. This has been heightened by technological advancement which has made geographical distance to be counter with regards to distribution and availability of these genres. Currently, in Africa, Europe, South America, Asia, Australia and North America individuals are listening and watching music of jazz and hip hop origin (Conyers 88). To a certain this, it is evident in these population to see how they danc e, dressing styles, graffiti writing among others clearly being depicted. On the same note the manner with which a number of youths are talking seems to be influenced by the global impact of these genres of music (Charters 63). According to Conyers 212 another similarity between the two music genres is the origin of the singers. It is worth noting that the musicians can be linked to hard life full of oppression. For that matter most of the songs revolves around fighting for their rights and trying to raise concern regarding mistreatment of the less fortunate in the society. In terms of economic class, majority of the artists of these genres are from lower classes. Differences between Jazz and Hip Hop The exact birth place of both jazz and hip hop is different. It is worth remembering that although the two originated from the United States of America, jazz is linked to be born in New Orleans. With this, it came to the limelight in the 19th centaury. Additionally, jazz were originally sung during funerals (Charters 108).Advertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More But later made its way to bars as well as dancing halls; it was during the First World War that it became so popular and a global favorite. On the other hand it has been established that hip hop originated in school play ground of Bronx in New York back in 1970s. Ideally hip hop clearly reflects the feelings and emotions of African American youths in 1970s regarding issues of concern such as racism plus other sorts of discrimination. Although it can be argued that both uses improvisation, jazz seems to use in a different manner when compared to hip hop. Jazz prominently and integrates varied set of creativity. Additionally, â€Å"rhyming off the top has become common in live performances and battles† (Bogdanov 39). Strictly speaking in jazz improvisation is a core element. On the other hand, hip hop are made from written rhymes, beats that are programmed and very little materials for improvisation. Additionally, jazz in terms of collaboration of musicians outweighs hip hop. It is worth noting that majority of jazz especially modern one clearly depicts features of active and true collaboration efforts from artists where each and every one has an opportunity to react to the activities of the others during performance (Charters 71). However in hip hop, recorded collaboration between musicians is made up of each taking the chance to recite a verse previously composed. A typical example of such is a song by Biggie and Meth’s titled ‘The What’. Although it was previously mentioned that the two genres are popular globally, it is apparent that hip hop has overtaken jazz in terms popularity despite of coming into the limelight after jazz. The former seem to be a cultural movement currently being experienced by the youths globally (Bogdanov 45). Conclusion From the review of jazz and hip hop, indeed there are certain characteristics the two genres share. These include country of origin; the characteristics of musicians playing the genre, the two have been globally embraced and loved. On the other hand the distinct differences between the two set of music make it easy for one not to easily get confused and use the names interchangeably. The differences include the extent to which improvisation is utilized, place of birth, the nature of collaboration and the period of time they were developed. Works Cited Bogdanov, Vladamir. All Music Guide to Hip Hop: The Definitive Guide to Rap Hip Hop. San Francisco, CA: Backbeat Books, 2003. Print. Carney, Court. Cuttin’ up: How Early Jazz Got America’s Ear. Lawrence: University Press of Kansas, 2009. Print.Advertising We will write a custom essay sample on Jazz and Hip Hop: Similarities and Differences Essay specifically for you for only $16.05 $11/page Learn More Char ters, Barclay. New Orleans: Playing a Jazz Chorus. New York: Marion Boyars Publishers, 2006. Print. Conyers, James. African American Jazz and Rap: Social and Philosophical Examinations of Black Expressive Behavior. Jefferson, N.C.: Mcfarland, 2001. Print. This essay on Jazz and Hip Hop: Similarities and Differences was written and submitted by user Neveah U. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Acquisition of a language

Acquisition of a language Acquisition of a language is a situation whereby a person, specifically one who is exposed to the language to be acquired is exposed to that language.Advertising We will write a custom essay sample on Acquisition of a language specifically for you for only $16.05 $11/page Learn More It can either happen in a natural set up where the target language is used and that the learner of this language acquires it by mere exposure to that language (Ellis, 1994), or in a formal set up where the language is to be taught to the learner and he or she is introduced to the rules and ‘tools of trade’ of the language, for instance, when a learner is born in a certain environment, for example an English family, and the language of communication is English, then the learner’s first language is English (Ellis 1985), but when another language comes up such as French, and the child is under circumstance that he or she has to learn French, then French will come in as a second language. The environments of acquiring both languages will be different and therefore after acquiring the first language, acquisition of the second language can either be simplified or made harder. The second language can either borrow from the first language or not borrow at all; therefore the first language will have played a role either positively or negatively in the second language acquisition process (Gass Selinker, 2001). Second language acquisition entails the acquisition of a language after the first language also known as the native language. The first language is considered the language that one acquires first as the mode of communication. This language is always thought to be an individual’s mother tongue. Any language that comes after the first language is then referred to as the second language, which is essentially the language that opens an individual to the outside world or rather to communicate with people outside his or her native backgrou nd. Most often than not, an individual’s background can be traced using the (Gass Selinker, 2001) accent that he or she has in her foreign language as his or her second language accent can easily contain traces of his or her first language. It is therefore the case that first language can have both positive and negative effects on an individual (Ellis, 1985). The second language can be easy to learn if there are some similarities between it and the first language. It is always the case that a French speaker can easily learn English as his or her second language because of the few similarities between the two languages, but a speaker of Chinese can find it a bit hard to learn English because there is a wide gap in terms of differences between the two languages (Gass Selinker, 1992).Advertising Looking for essay on linguistics? Let's see if we can help you! Get your first paper with 15% OFF Learn More There will be more interference experienced (Ellis, 1994) from the Chinese language because of the difference in pronunciation than it will be the case with French. It is therefore believed that similarities and differences in various languages play a significant role in the acquisition of the second language, the more the differences, the difficult it is to acquire the second language but the less the differences, the more easy it is to learn the second language (Gass Selinker 2001). Second language acquisition will be interrupted by the first language in a situation whereby the first language dominates much more in its usage than the second language. Whenever the first language gets more prevalence, then it is most probable that the use of the second language is minimal. Practice makes perfect and therefore if the language acquired as a second language will find it as a challenge when the learner uses the first language more often because the learner finds it more comfortable to use the first language, then it will be hard reachin g the target language. Therefore the first language will have stood in the way of the learning of the second language and therefore its acquisition hindered. The first language will have stood on the way in the learning of the second language. Errors can come up in the acquisition of the second language because of the interference caused by the first language (Dulay Krashen, 1982). Most of these errors are caused by transfer of forms and meanings by a learner from their first language into the second language. This is evident in practical measures when a learner wants to make it easier to understand a notion that is found in the second language that is almost similar to that found in the native language (Dulay Krashen, 1982). Most errors are always linked to the first language caused by transfer.Advertising We will write a custom essay sample on Acquisition of a language specifically for you for only $16.05 $11/page Learn More In the acquisition of the se cond language, the learner either consciously or unconsciously finds himself or herself transferring rules from his or her first language into the second language. These rules May affect the acquisition of the second language either positively or negatively (Dulay Krashen, 1982) As propagated by the behaviorist theory that language learning is a process of habit formation (Gass Selinker, 1992) whereby old habits from the first language are thought to stand in the way of the learning of the new habits found in the second language, this is referred to as negative transfer. This will in the wider picture lead into the formation of errors. According to behaviorists therefore old habits that will have been formed in the learning of the first language contribute greatly in the learning of the second language and in as much as in the behaviorist context this will lead to formation of errors and it is evident therefore that there is a significant role played by the first language in the l earning of the second language. At times, the habits from the first language help the learning of the second language and make it easier because the contribution of the first language could have been strengthened the values found in the second language, this is called positive transfer. It is therefore true that the first language has a significant role in the learning of the second language. Second language learners may in some circumstances exhibit habitual avoidance of some constructions in the second language due to the differences exhibited therein from their first language (Beebe, 1998). From their first language, second language learners will tend to concentrate largely on discourse or grammatical forms that do not pose problems with their first language. Those that show a wide margin of difference will therefore be avoided in order to make it easy for acquisition of the second language, which is as per the learners. But avoidance of these constructions is in the long run att ributed to the interferences of the first language. Avoidance of the constructions that deem hard can affect the acquisition of the second language by the mere fact that the constructions that are avoided can cause major grammatical errors in the acquired language. These errors caused by transfer can seriously harm the acquisition of the second language.Advertising Looking for essay on linguistics? Let's see if we can help you! Get your first paper with 15% OFF Learn More In view of the cognitive approach to second language learning, the learners are thought to creatively use the knowledge that they already have from the first language so as to learn the second language on their own with minimal supervision. This is done by the learners coming up with patterns that are of their own making, making use of the underlying rules they borrow from the first language. After formulating the rules they then try to fit them in the second language, if they are not relevant they rectify them and if they are applicable then they will have achieved in the learning of the second language. The learners therefore will have learnt from their own mistakes because partly they hold an active role in the learning process. They will be in a position to learn on their own and acquire firsthand knowledge of the second language courtesy of the first language knowledge they will have had. Rules from their first language will have played a significant role in the general outcome of the second language learning. The learning processes of both the first language and the second language are always not the same, because the first language always comes first and in a natural setting, the second language comes later and in most cases in a more formal setting but if it occurs in a natural setting the mechanisms used in its learning are not always the same (Sharwood 1994). Whereas the acquisition of competence in the first language comes at relatively faster rate, those standards of the second language are relatively slow unless it happens in a relatively faster learner. More often than not, when a learner gets exposed to the second language at a relatively young age, and incase the first language is not in constant use, the first language stands a chance of being dropped along the way because new rules of the new language tend to overshadow those of the first language. But in case of comparison of both rules and applying them in the acquisition, then it is quite evident that both languages will have complemented each other (Sharwood, 1994). When looking at the linguistic word order in a language, more often than not the first language affects the second language (Gass Selinker, 1992). For instance in English, there is the ‘subject-verb-object’ agreement in word order in a grammatically correct sentence but for an English learner it may not be the case that his or her first language could be having this same word order. In acquiring English as the second language, the learner will find it convenient using the word order of the native language ignoring that of the second language (English). This is always the case when considering the theory of overgeneralization where the second language learner over generalizes, specifically the rules acquired from the first language. This can be considered as a type of simplification that aids the learner in understanding and acquiring the second language. The first language will have therefo re played a significant role in simplifying second language rules. Though this can be seen as interference from the first language, the end result is this will have aided in the understanding and acquisition of the second language by the learner. Learners of English as a second language, most significantly French learners will in a way change the rhythm in English because their first language, that is French allows. The distortion of the language is mainly caused by use of words that could not be having the meaning they intend to pass across, for instance the misplacement of the word ‘for’ with a word like ‘since’. An example in a sentence is, â€Å"I have been living here for the last four years and instead use â€Å"I have been living here since four years†. This is a case of syntactic borrowing from the first language into the acquisition of the second language (Gass Selinker, 1992) On the basis of the first language, it is easy to detect areas o f the study of the second language that will be of difficulty to the second language learner and those that will not be difficult (Ellis, 1994). The underlying factor is for the second language learner to understand the finer details of the language, so that a line is drawn between the first language and the second language (Gass Schachter, 1989). One needs to invent a mechanism that can help avoid the kind of confusion that can arise as a result of errors that arise through overgeneralization and transfer. It is evident that some errors realized in the acquisition of the second language are as a result of the first language influence. Therefore a line needs to be drawn between the rules of the second language and the native language. Accents are usually carried by the leaner from their fist language into the learning of the second language. In this case, a learner will always tend to pronounce sounds in the second language as if they were in their first language (Gass Selinker, 19 92). This can be seen in languages that share particular words even though the meaning and pronunciation could be different. This can be seen for example to be in existence among French and English languages. The learners of either of these two languages may find themselves carrying the accents of either of the languages into the other. This will happen if one language comes after the other as a second language. Therefore borrowing of accent from the first language can always be traced if the native speaker competence of the second language is not achieved (Gass Selinker, 1992). Thus, this leads to the passing judgment on the origins of an individual through this particular individual’s accents. In the field of second language acquisition, it is always the case that the learner of the second language achieves the status of being able to communicate with people outside his or her native boundaries of the native language. But at times the second language speaker may find it di fficult to get the right words with which to communicate with the speakers of the second language. This learner will find himself or herself using first language phrases in order to pass a point or rather to say what he or she intended to say (Gass Selinker, 1992). In most cases this is accompanied by signs and gestures which will aid the listener in understanding what the reader intends to say. This helps in the expression of oneself in the language that one is well equipped in but with accompaniment of body language, then he or she is well understood. For instance, when one finds it hard to use the word university in the acquired language and has got that word in his or her first language, then with aid of the first language together with facial and other extra linguistic devices, the whole meaning will have been arrived at. During encoding and decoding of messages, most second language learners find it easy encoding it and giving the messages their own interpretations in their f irst languages and thereafter find the suitable words to employ in the second language. This is so because before one gives a response, he or she needs to internalize the encoded message after which he or she needs to decode the message. Apparently before a response is given many processes do take place which in return contributes to the communication cycle to be complete (Gass Selinker, 1992). The second language in itself cannot be sufficient if the learner has not yet acquired all the vocabularies that aid good communication, before the learner acquires second language competence it is therefore always the case that the first language is helpful. In case the learner does not get the right vocabulary, then he or she can decode the message in the first language after which it can be given an interpretation that is required in the second language. The use of the first language, in as much as the initial studies posed as a hindrance to the acquisition of the second language serves a s a measure that bridges the gap left by lack of the right words in the second language, but it is this same first language that will serve as a ‘bank’ where borrowing of words takes place to aid encoding and decoding of information for easy communication. Some linguists view the first language as less important in the acquisition of the second language and that instead of being a positive factor in second language acquisition; the first language seems less important (Beebe, 1998). If just left aside, as a major factor that contributes positively to the acquisition of the second language, then an individual’s fist language will have been done harm, this will be seen as means of killing the first language after the acquisition of the second language (Gass Schachter, 1989). It is therefore wise to see the acquisition of these two languages as complex but equal processes that needs reinforcement in either way. The underlying factor in this case, at all levels and s tages of the acquisition of both first and second language acquisition, both of the two languages need each other. It should be noted that both the first and the second language complement and need each other (Beebe, 1998). Any language of the world plays the role of communication and expressing oneself so as to be understood and to understand other members of society. The acquisition of a second language in the natural environment of the first language can see the first language being used in making incorrect assumptions concerning the second language but that notwithstanding (Gass Schachter, 1989), it can be used in making the acquisition of the second language a lot easier. Both of these two languages need each other in a healthy way in order to strengthen each other, one way nit to make the first language distinct and secondly to make the second language helpful in aiding the first language speakers open up to the outside world of communication References Beebe, L.M. (1988). Is sues in Second Language Acquisition: Multiple Perspectives. New York. Newbury House Publishers. Ed. Dulay, H., Burt, M. Krashen, S. (1982). Errors. Language Two. Oxford: Oxford University Press. Ellis, R. (1985). Learner Strategies. Understanding Second Language Acquisition. Oxford: Oxford University Press. pp. 164-189 Ellis, R. (1994).The Study of Second Language Acquisition. Oxford. Oxford University. Gass, S. Schachter, J. (1989). Linguistic Perspectives on Second Language Acquisition. Cambridge University Press. Cambridge. Eds. Gass, S. Selinker, L. (1992). Language Transfer in Language Learning. New York, Routledge. Gass, S. Selinker, L. (2001). Second Language Acquisition: An introductory course. New York. Routledge. Sharwood S. (1994). A quick tour around, Second Language Learning: Theoretical Foundations. London: Longman. pp. 3-21.

Aspects of Contract and Negligence for Business

Aspects of Contract and Negligence for Business Requirements for the formation of a valid contract A contract can be defined as a lawfully binding agreement between two parties. It has consequences on either party. Therefore, as discussed below, a contract has to contain some basic elements that should be used to define it.Advertising We will write a custom report sample on Aspects of Contract and Negligence for Business specifically for you for only $16.05 $11/page Learn More An Offer There should be an offer by the first party to invite the second party into the contract for negotiations purposes. An ascent to the same by the second party will lead to the contract coming into being and becoming legally binding. An offer can be described as an expression of willingness to contract on certain terms (Jalil 2011, p. 110). The offer is usually made to the second party with an intention that it will become binding when accepted. When an offer is declined, it extinguishes the idea of the probable contract. The refore, one cannot be held to account for it. Acceptance The second element of a contract that is very important is the acceptance bit, which should be done within the terms of the contract. A party to the contract will be assumed to have understood the terms of the contract when he or she enters agreement consent to the same (Jalil 2011, p. 110). One is legally bound by a contract once he or she accepts it. He or she has the duty to make sure that he or she understands the terms of the contract before accepting it. Breach of contract after acceptance might lead to legal consequences. Legal purpose/ Objective There must be an intention for the two parties to create a legal relationship between them with the contract. An absence of legal intent will render the contract null and void because social agreements between parties or agreements of a domestic nature are not regarded as legally binding because they do not contemplate legal relations (Jalil 2011, p. 111) as in the case of Balf our vs. Balfour (1919). Mutuality of Obligation Mutuality of obligation can be described in other words as the meeting of minds. In fact, â€Å"parties in the contract must agree to the same thing in terms of the drawn contract, and at the same time† (Jalil 2011, p. 111). Mutuality of obligation can only be achieved when the contract is still on offer. Once the offer has been withdrawn, it cannot happen.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Lawful Consideration Lawful consideration is an element of the contract that represents either a benefit to the promisor or detriment to the promise (Jalil 2011, p. 112). It denotes the price offered in exchange for a promise, otherwise known as quid pro-quo. Competent Parties A contract can only be made between two legally competent parties (Jalil 2011, p. 112). Therefore, a contract can only be made between people of legal age and sound mind. How the law approach the issues of consideration, intention to create legal relations, and the capacity to contract According to the law, a contract becomes legally binding once the promisee accepts and signs it. The promisee is believed to have read the details of the contract, or is supposed to have read the details of the contract before appending a signature on the same (Jalil 2011, p. 110). In the above scenario, Al has advertised the goods he has on offer to potential buyers thus inviting them to contract. A negotiation occurs between the Al and Bash cars where an agreement is reached through the mode of communication adopted by the two. In this case, an agreement was ostensibly reached when Bash cars wrote back to Al to accept the offer thus providing a green light for Al to deliver the goods, which he did as per the contract. According to the law, several reasons can lead to a contract being voidable, with no party bearing liability. According to Jalil (2 011), under the issue of consideration in a contract, there is either a benefit to the party offering the contract or detriment to the second party concerning the contract (p. 115). In the above case, Al has done his duty to communicate to Bash cars about the final price he is offering. It is the duty of Bash cars to read the communication properly before accenting to it. Therefore, the mistake not to read the reply letter properly from Al is placed on Bash cars because their own negligence made them fail to see the price in the letter. The assumption that the price is 45 pounds is solely made by Bash cars and that they have no reason to back up their assumption. According to the contract law, an objective inference should be made when coming up with a contract in that, when a third party looks at the same contract, they should come up with a conclusion that the contract is meant to achieve (Jalil 2011, p. 113). The mistake in this case is unilateral. It cannot render the contract v oid.Advertising We will write a custom report sample on Aspects of Contract and Negligence for Business specifically for you for only $16.05 $11/page Learn More Therefore, Bash cars plc should be responsible for the fault and that it should bear the consequences as in the case of Storer v Manchester City Council (1974). The law provides for an intention to create legal relations by setting up conditions for the same. The two parties must be ready to enter a legally binding contract for it to become legal. The key problems associated with exclusion clauses and their incorporation into a contract Exclusion clauses in contracts are usually meant to exclude a certain party to the contract from certain events that might happen within the execution of the contract, which the party might be held liable for them in normal circumstances (Maharaj 2012, p. 636). Exclusion clauses are usually made by parties contracted to carry out certain services on behalf of clients . Such services usually have certain risks. It is therefore meant to protect the contractor from carrying the costs that might arise from the risk. Exclusion contracts are governed by the Unfair Contract Terms Act of 1977 and the Unfair Terms in Consumer Contracts Regulations Act of 1999 (Jalil 2011, p. 119). Exclusion clauses become valid as long as they meet several conditions. Firstly, they must have been properly included in the contract and that they do not contravene any law. Some key problems associated with exclusion clauses are evident. For instance, some exclusion clauses are vague. In many instances, exclusion clauses have been vaguely worded in that the reader of the clause might not tell exactly what the scope of the clause is all about. This step is usually accomplished by the drafter of the clause as a way of giving it a wide range in the case of liabilities (Maharaj 2011, p. 636). On the other hand, it confuses the client because he or she will not be in a good posit ion to tell what liabilities the contractor should carry and/or what the client should carry. Invisibility of the clause is yet another problem. Many exclusion clauses are not directly visible to the client taking the service. They are usually not noticeable in the wording of the contract. They can appear at the bottom of the contract, written in very small fonts, or be placed behind the document where many people might not bother to find out (Maharaj 2011, p. 636). Many contractors who might not want to jeopardise their chances of securing the work at hand therefore use this case as a secret weapon. It therefore needs a client to be very careful when reading and signing the contract.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More How the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999 ensure that exclusion clauses are fair and reasonable.  The unfair Contract Act 1977 and the Unfair Terms in Consumer Contracting Regulations 1999 were put in place to regulate the creation, use, and interpretation of the exclusion clause with the sole purpose of protecting the consumer. The two Acts made it easy for judges to make interpretations of exclusion clauses by eliminating ambiguities in the wording as in the case of Houghton v. Trafalgar Inso Co Ltd. 1954. The Acts were meant to protect weaker parties in the contract because the consumers were in most cases disadvantaged by the clause (Maharaj 2011, p. 640). The fact that the clauses were part of the contract regardless of how they have been placed on the document meant that only the drafters of the clause and those who are keen enough would be aware of it thus catching many people unaware of their presence. The Acts regula ted the use of the clauses in that the drafters of the clauses had to meet certain conditions or otherwise the clause would become void (Maharaj 2011, p. 638). The clause in this case has to be introduced to clients’ attention before the signing of the contract, or has to be placed in a very visible place for customers to read before they enter an unwritten contract. The two Acts gave courts the power to nullify any exclusion clauses if they found them unreasonable. This provision usually happens when the terms of the exclusion clause are in conflict with other terms of the contract thus rendering the clause void concerning the repugnancy rule as evident in the case of Mendelson v. Normand 1970. Therefore, all repugnant cases are deemed unreasonable. They can therefore not stand as legal clauses. In the end, they are voidable by the law. Will Move It Ltd be able to rely on this exclusion clause? Move It will not be able to rely on this exclusion clause because it does not mee t the legal requirements for exclusion clauses as per the 1977 Act as well as the 1999 Act. In the first place, clients should be informed about the exclusion clause before they sign the contract so that they are fully aware of the contract they are signing (Maharaj 2011, p. 638). To this effect, Move It failed to notify Cool It of the clause. It can be assumed as well that Cool It was not aware of the clause while entering the contract. Thus, it cannot be held liable by the exclusion clause. Under the nature of the document test, the document does not qualify as a contract document because its original aim is different from the purpose it is being used on by inserting the exclusion clause. The document that the manager was given with the exclusion note was the consignment note, which cannot be deemed as the contract document for the particular work when objectively tested as revealed in the case of Chapleton v. Barry Urban District Council. On the other hand, the notice of the clau se must be made aware to customers before they enter the contract, and not after entering the contract (Maharaj 2011, p. 638). In this case, the clause is believed to have been entered after the entering of the contract because, even if the consignment note is decided to become the contract document, the clause should be on the face of the page where the customer signs. This exclusion clause by Move It is found behind the face of the document where the contract has been signed. A duty of care exists A duty of care in this case can be described as the necessary steps that should be taken in a place to prevent the occurrence of an accident. A duty of care comes in the form or rules, structures, and steps that have been put in place to prevent any probable accident from happening (Gray 2011, p. 68). A duty of care’s responsibility falls within the ambits of authority in charge of a particular facility that is being used by people. Thus, the authority has the duty of putting up m easures that would ensure the facility is running according to the law concerning safety measures. Was a Duty of Care was breached In proving that a duty of care was breached, claimants have to prove that they did not act negligently for the occurrence to happen. They also have to show that they were within the rules and regulations of the given facility during the happening of the accident thus blaming it on authorities owning the facility (Tan 2012, p. 93). In proving that a breach of care was breached, the claimant has to refer to what the law provides for in terms of how the facility should be managed, and what rules the facility has put in place to secure its clients from injury. The Damage is Both Direct and Foreseeable A claimant should be in a position to prove that the damage is both direct and foreseeable. In this case, an occurrence of a certain event should be linked directly as the cause to a damage that might have occurred by showing successive events that led to the o ccurrence (Burns 2011, p. 658). On the other hand, the damage can be deemed foreseeable if certain acts of negligence will lead to an accident. Thus, failure to take reasonable steps is what should be attributed to the accident as in the case of Hughes v. Lord Advocate 1963.  Under the rule of vicarious liability, employers are legally responsible for commissions and omissions of their employees, regardless of whether the employees were acting under instructions or on their own (Tan 2012, p. 93). Vicarious liability can also be referred to as an imputed negligence, since a liability can be assigned to an individual who did not cause a certain injury, but by virtue of the individual being related to the person who caused it in a given way. The employer under this case is burdened with the liability because it is assumed that the employee is the agent of the employer and that he or she was working in the interests of the employer when the accident happened. Tan (2012) states that vi carious liability goes beyond employer-employee relations. It can also be applied in the case of a car accident when the liability is put on the owner of the car even if the proprietor of the car was not in it when the accident occurred (p. 94). In deciding whether the blame should be shifted from the employee to the employer, the court has to establish the following facts. The court has to establish whether a tort has been committed. In doing this, court will be establishing grounds for the case because the establishment of the tort will be the basis for the case (Gray 2011, p. 69). Secondly, the court has to establish if the cause of the tort is due to the employee because only when the mistake is attributed to the employee is when the tort can qualify for a vicarious negligent consideration. Thirdly, the court has to determine if the tort was caused by the employee in the act of employment and specifically during his or her scope of work. An employee’s mistake away from du ty cannot be laid on to the employer. How the legal relationship between the parties in tort differs from the relationship in contract law The difference in parties in a tort law and those in a contract law is not usually very distinct although the two laws have different tenets. In a tort law, it focuses on the foreseeable ability of an event happening (Burns 2011, p. 658). In this case, one party should have been in a position to foresee the event happening. Thus, he or she should have taken an action to stop it from happening. Failure to do this can be described as negligence to which the negligent party is liable to pay an amount as determined by the court. The legal relationship between two parties under a tort law comes into existence after an event that leads to some form of damage occurs (Burns 2011, p. 658). The court then has to determine if it is a tort or not before the damage can be computed or not. On the other hand, a contract is entered between parties once the value of the goods or services has been determined. A contract legally binds two parties once they have signed it. It is meant to secure the party’s interests in case there are losses coming out of breach of the contract (Jalil 2011, p. 110). Whereas a contract is binding only to the parties signing it, a tort can become binding to parties who are not directly related to it, but who can be held responsible under the law. The tort law is legally hinged on negligence on one party, which leads to the damage of another party while the contract law is hinged on the failure of a party to the contract to meet their obligation.  Applying the rules on both negligence and vicarious liability to consider whether Sheila and Karen would be able to claim for the injury and damage. Under the rules of negligence and vicarious liability, employers are held liable for the negligent acts of their employees as long as the acts happen in the employees’ cause of duty (Tan 2012, p. 96). In the first case, Manjit is regarded as an employee of Hurryhaste and hence an agent for Hurryhaste. He is therefore covered by the vicarious liability rule. Though Manjit is a casual worker with the company, it does not disqualify him from being regarded as an employee by the company. Therefore, he is regarded as one. The accident occurred during Manjit’s cause of duty hence perfectly fitting in the vicarious liability bracket. On the other hand, Karen has no contributory fault to the accident because she had parked her car properly. During Manjit’s negligent driving, her car was hit. Karen therefore qualifies for compensation from Hurryhaste who is the employer of Manjit in this case. Hurryhaste should pay Karen. If it so wishes, it can surcharge Manjit for his negligent acts. On the other hand, Dave was within his employment duties when he hit Sheila’s car because the accident happened when he was coming from making a delivery. To this extent, he had to make his wa y back from the point of delivery. He is thus deemed to be within his duties. The basis of vicarious liability is simply to shift the liability of an employee to the employer. In this case, the liability shifts from Dave to Hurryhaste (Tan 2012, p. 96). Although Dave is seen to have breached certain rules with regard to using the vehicle improperly, it does not take away Sheila’s right to be compensated by Hurryhaste because her fault did not lead to the accident. Although Sheila did not have her seat belt on when the accident occurred, the blame for the accident does not fall on her. At the same time, it is not the purpose of vicarious liability to prove that she was not having her belt on at the time of the accident. In the case of Dave, as the statement goes, he has been highlighted as having been the one on the wrong. One element of the tort law is to establish if there was negligence on the part of an individual party in a case and the predictability of the same (Gray 20 11 p. 70). In the case of Dave, he was aware of traffic rules, which are to guide him in his driving. However, due to his negligence, he failed to observe traffic rules thus leading to the accident. The law is meant to prove that the person lacked reasonable care hence leading to a likelihood that the person’s negligent acts would lead to harm (Burns 2011, p. 665). Therefore, according to the rules of negligence and vicarious liability, Sheila and Karen should claim for injury and damage because, were it not have been for the carelessness of Dave and Manjit, the accident would not have happened. Their failure to observe rules and caution while driving was the sole reason for the accident’s happening. If Dave’s daughter had been injured in the accident, chances are that the law on vicarious liability would still have applied because the van was not supposed to carry unauthorised passengers under traffic law. Dave’s daughter was one. Therefore, Dave’ s daughter as an individual party could claim for damages because Hurryhaste’s agent would have injured her due to negligence (Tan 2012, p. 96). This case though would become complicated because Dave would be required by the company to reimburse it the expenses. On the other hand, the argument that might arise about Manjit’s employment status might be if a casual employee is regarded by the terms of the vicarious liability. By virtue of Manjit being a casual employee, it qualifies him to become an agent for Hurryhaste because he does duties on its behalf (Gray 2011, p. 69). Vicarious liability does not define an employee’s status, but simply addresses any person working as an agent for the employer. Negligence on the part of an agent is what leads to a tort. The claimant does not have the duty to find out the employment status of the offender before he or she can lay claim for damages that have occurred. On the other hand, breach of working rules does not affect the claimant’s pursuit of compensation because it is not within his or her jurisdiction to determine whether the offenders were following rules when they caused the accidents. Therefore, Sheila and Karen are legally in order to claim compensation for both injury and damage from Hurryhusttle. References Burns, J 2011, ‘Respondeat Superior as an Affirmative Defence: How Employers Immunise themselves from direct Negligence Claims’, Mitchigan Law Review, vol. 109 no. 4, pp. 657-681. Gray, A 2011, ‘Why Vicarious Liability Must be Abandoned’, Australian Business Law Review, vol. 39 no. 2, pp. 67-84. Jalil, M 2011, ‘Clarification of Rules of Acceptance in Making Business Contracts’, Journal of Politics Law, vol. 4 no. 1, pp. 109-122. Maharaj, K 2012, ‘Limits on the Operation of Exclusion Clauses’, Alberta Law Review, vol. 49 no. 3, pp. 635-654. Tan, C 2012, ‘Authority, Vicarious Liability and Misrepresentation’, Sing apore Journal of Legal Studies, vol. 1 no. 1, pp. 92-111.

The Different Aspects of Reality Essay Example | Topics and Well Written Essays - 1000 words

The Different Aspects of Reality - Essay Example Obviously, this is all fantasy as a falling star cannot be caught, and mandrake roots and mermaids are purely mythological. This fantastic imagery helps to reveal the imaginary and impossible theme of Donne’s poem. Nevertheless, such impossibility teaches the reader to be realistic and to realize that there is no perfect lover in the world. Although it is the fantasy that masks John Donne’s realism in â€Å"Song,† Frederick Nims’ â€Å"Love Poem† is downright honest in saying that perfect love does not exist and that if one loves another then one has to embrace all of his or her lover’s shortcomings. Nims uses the imagery of an unskilled and disorganized woman in revealing the reality of imperfections in relationships. In the first stanza, Nims describes his lover as his â€Å"†¦clumsiest dear, whose hands shipwreck vases† and someone â€Å"at whose quick touch all glasses chip and ring† (Nims 366). Such a woman, as depicte d by the imagery, is always making mistakes. She is also known as an â€Å"unpredictable dear, the taxi driver’s error† as well as a â€Å"Misfit in any space/ And never on time† (366). She is, therefore, lacks finesse and punctuality. Nevertheless, although she is â€Å"Forgetting [her] coffee spreading on [their] flannel,† the poet and she are â€Å"so gaily in love’s unbreakable heaven† (366). This means that no matter how careless and imperfect she is, the point is that they love each other so much. Love, therefore, can bloom despite the imperfection, and this is real love. One should, therefore, love his or her lover despite all his or her shortcomings. The imagery in the final stanza reveals a rather exaggerated form of acceptance of one’s lover: â€Å"Smash glasses/ I will study wry music for your sake† (366). This means that no matter how clumsy the lover is, as long as there is love, there is a necessity to wholehearte dly embrace all his or her imperfections. The exaggerated imagery of the last two lines then ultimately reveals that one’s happiness even depends on such an imperfection: â€Å"For should, your hands drop white and empty/ All the toys of the world would break† (366). This simply means one thing – without such lover’s hands, no matter how imperfect the labor that they produce is, nothing would be done at all, or without such an imperfect lover, there would be no happiness at all for the person who loves him or her. Although happiness is derived from imperfect reality, sometimes such reality is boring and one needs to make himself happy from his daydreams.