Tuesday, December 24, 2019
An Insight Into Dickinsons Portrayal of Death - 2157 Words
An Insight into Dickinsons Portrayal of Death Pale Death with impartial tread beats at the poor mans cottage door and at the palaces of kings. Horace (Quintus Horatius Flaccus, 65-8 B.C.) Throughout the history of literature, it has often been said that the poet is the poetry (Tate, Reactionary 9); that a poets life and experiences greatly influence the style and the content of their writing, some more than others. Emily Dickinson is one of the most renowned poets of her time, recognized for the amount of genuine, emotional insight into life, death, and love she was able to show through her poetry. Many believe her lifestyle and solitude brought her to that point in her writing. During Emily Dickinsons life, sheâ⬠¦show more contentâ⬠¦But, Dickinson provides a new insight into this by describing nature as the force that brings death to its subjects when the time has come. As Nature brings their weight of pain to bear upon the speaker, they are shown to have injured and oppressed with a conscious will (Griffith). She describes to the reader the crude side of nature: the reality of life and the suddenness of death. Contrary to common belief, Mother Nature is not quite described as a loveable and caring person. Poets have grown accustomed to thinking of Nature as a cuddly companion .Emily Dickinsons Nature is no less personal or dynamic than this - and no less a Nature read by the light of pathetic fallacy. It is simply that she sees as tigers what others have mistaken for pets (Griffith). This analogy of pets and tigers describes Dickinsons contrasting views on life, death and nature as compared to other historical and contemporary poets. Another poem that illustrates this viewpoint like no other is Because I Could Not Stop for Death. This poem is an example of the personification of Death as a character. However, it shares an obvious bond with Theres a Certain Slant of Light in more ways than one. Certain beliefs and impressions that are embedded in Dickinsons mind permanently force themselves out in her poems and they can be linked together if oneShow MoreRelatedAn Insight Into Dickinsons Portrayal of Death2173 Words à |à 9 PagesAn In sight into Dickinsons Portrayal of Death Pale Death with impartial tread beats at the poor mans cottage door and at the palaces of kings. Horace (Quintus Horatius Flaccus, 65-8 B.C.) Throughout the history of literature, it has often been said that the poet is the poetry (Tate, Reactionary 9); that a poets life and experiences greatly influence the style and the content of their writing, some more than others. Emily Dickinson is one of the most renowned poets of her timeRead MoreBibliography Relation to Analysis of Emily Dickinsonà ´s Writings2048 Words à |à 8 Pagesaccomplishes the discernment of Dickinsonââ¬â¢s poems and their allusions to many classic myths. He denotes the figurative language that Dickinson utilizes in her poetry to relate to her themes. With these key elements in mind, Anderson is then able to compare Dickinsonââ¬â¢s works to other authors who have tried to reach the same goals, however, Dickinson is able to better achieve the extrapolation of the myths through her profound and truly exquisite writing. In Dickinsonââ¬â¢s A Narrow Fellow In the GrassRead MoreAmerican Literature11652 Words à |à 47 Pageshold readers attention through dread of a series of terrible possibilities feature landscapes of dark forests, extreme vegetation, concealed ruins with horrific rooms, depressed characters Effect: ï⠷ ï⠷ ï⠷ ï⠷ today in literature we still see portrayals of alluring antagonists whose evil characteristics appeal to one s sense of awe today in literature we still see stories of the persecuted young girl forced apart from her true love Historical Context: ï⠷ industrial revolution brings ideas
Monday, December 16, 2019
Assignment #1 ÃÂ EntrepreneurialÃÂ Leadership Free Essays
Assignment #1: à Entrepreneurialà Leadership A Company cannot be innovative and competitive without understanding the importance of leadership. There are three main points to identify leadership which are, having people to lead, having certain skills to reach companyââ¬â¢s objectives, being focused on and accomplishing goals. In being a leader one possess quality and empowerment. We will write a custom essay sample on Assignment #1: à Entrepreneurialà Leadership or any similar topic only for you Order Now In relation to leadership in a company, three outstanding renowned leaders are, Victor Kiam, Sergey Brin and Larry Page Victor, Kiam, has been known around the world for his vastly flourishing advertising campaign as the man ââ¬Å"who liked the Remington Shaver so much, he bought the company. â⬠But Victor Kiam is much more than a TV spokesperson-he is the man who took a money-losing corporation and quadrupled its sales and turned it around. He is a classic example of a successful leader and entrepreneur. Kiam demonstrates the democratic leadership style, by not only creating a great company all by himself but allowing others input, in helping make decisions for the corporation. The approach to the major business principles of a profit-oriented entrepreneurial in relation to Kiam gives way to the role of entrepreneur being crucial and critical in the context of building the enterprise. He plays many roles linking human resources, finance, production, marketing, operations, research and development and overseeing the same with a broad and big picture. He networks with bankers, major clients, suppliers and others thereby ensuring smooth functioning of the enterprise. Kiam identifies the opportunity, builds the base and leads the organization by attracting and retaining the precious human resources. He usually looks at the niche areas and goes by the road less traveled. In the sense, in order to have the goal of providing a great product and to make a profit he looks for novel and innovative methods so as to try and work out his idea. Kiam is an innovator, creator, risk taker and leader. A successful entrepreneur is one who senses the opportunities constantly, manages the risk, collaborates effectively for building strong teams, raises the bar, learns from mistakes and failures and constantly innovates and pursues the project with passion till the end. Sergy Brin and Larry Page are known for co-founding Google in 1998, and redefined the way people use the web. Now two of the worldââ¬â¢s richest people, they still play an active role in the company, encouraging resh approaches to Googleââ¬â¢s unique culture and its expanding suite of services. One would say Brin and Pageââ¬â¢s leadership style is characterized from the participative style known as democratic because both individuals are involved in the decision making process as well as working together to solve situations within the company. Many of the same principles that intuitively guide the collective innovation of the Renaissance are now being delib erately and systematically applied within the worldââ¬â¢s fastest growing companies. Google as a company still aims to continuously innovate to find new ways to organize and present the information that its users say they need and want. New products like GoogleMaps, GoogleEarth, GoogleNews, GMail, and GoogleDocs continue to keep the company at the forefront of the field. Social Responsibility plays a main part in keeping a business running smoothly The founders of Google, Larry Page and Sergey Brin believe that it is incredibly important for people to have access to information around the world and that this is something that Google can deliver. They have run into issues with foreign governments over censorship, but recently it has not been a major problem. CEO Eric Schmidt predicts that Google will become an unintended central focus around global copyright and ownership legal issues. It is essential for the entrepreneurial leader that people is the most important resource to manage and the most effective to use. Focusing on people, knowing the ways to motivate, inspires, and enabling people to act is what brings the leader to a new dynamic market level. The entrepreneurial leader is to be passionate about what he/she is doing. Every process has to be challenging with a devotion of time and effort. All researches in entrepreneurship view entrepreneurs as innovators. And this is the only way to face increased competitiveness. Innovation today aims at obtaining dominance in a market. When it comes to Victor Kiam who is the most innovative of all US business leaders and who possess, salesman in his bones, he went beyond social responsibility within his company. When Kiam bought the company from Sperry Corporation, Remington it was a loss-making company it was Americaââ¬â¢s dominant electric razor manufacturer. Every salesman knows, a pitch above all has to have the ring of truth. In its first incarnation, the Remington ad featured Kiam in a suit. He notice the unrealistic, he performed the commercial in a bathrobe, only to discover that most American men did not wear a bathrobe when they shaved so he decided to use a towel. As Kiam related in a speech accepting the 1988 Outstanding Business Leader award, ââ¬Å"I draped a towel over my shoulder and covered one breast, as two breasts would have been too much for the American public. â⬠A part of the leadership style of a person is something the person was born with and the other part is formed by multiple factors, such as, society, experience, working environment, and cultural differences. Taking all of these factors in consideration, my leadership style can be described as a combination of democratic leadership and transformational leadership. I believe I posses some of the democratic leadership style characteristics because I make sure my group members are encouraged to share their thoughts, I can lead people around me to better ideas and more creative solutions to problems. Group members also feel more involved and committed to projects, making them more likely to care about the end results. I know I can bring the best out of an experienced and professional team. With being a democratic leader I know it capitalizes on skills and talents by others letting them share their views, rather than simply expecting them to conform. If a decision is very complex and broad, it is important to have the different areas of expertise represented and contributing input this is where democratic leader shines. Research on leadership styles have also shown that democratic leadership leads to higher productivity among group members. Transformational leadership style is also a character I possess. I can create a clear structure of a task that needs to be done always tied together with rewards or punishments. In its ideal form, it creates valuable and positive change in the followers with the end goal of developing followers into leaders. I know that within myself I set the bar and others follow just like, transformational leadership which enhances the motivation, morale and performance of followers through a variety of mechanisms. These include connecting the followerââ¬â¢s sense of identity and self to the mission and the collective identity of the organization; being a role model for followers that inspires them, challenging followers to take greater ownership for their work, and understanding the strengths and weaknesses of followers, so the leader can align followers with tasks that optimize their performance. I believe it is critical to use leadership power in a way that makes people depend less on the leader. Arising motivation and a sense of importance in followers plays an important role in leadership. Besides, the high competition and market perspective this makes me aspire after entrepreneurial leadership. The Small Business Administration (SBA) and SCORE are both useful resources for entrepreneurs. The SBA is set in place to provide funding and to provide entrepreneurs with information to assist in business operations. SCORE is a non-profit organization with chapters across the United States which has volunteers that either have been or are presently successful entrepreneurs and executives who give back by sharing their expert business advice. They provide an entrepreneur with a big range of priceless and unique to small business information, basic and general information, laws and regulations, statistics and researches are available to use in order to learn more and be a successful entrepreneur. Information presented and topics discussed make a process of opportunity searching much easier and less time and cost consuming. Furthermore, it has a live chat, blogs, and online advising system that help to find an answer or solve a problem. I will utilize the SBA to secure funding for my business. While the SBA does not make direct loans to businesses, it sets the guidelines for loans, which are then made by lenders, community development organizations, and other lending institutions. SBA guarantees that these loans will be repaid, thus eliminating some of the risk to the lending partners. The SBA also has a variety of training material on topics such as creating business plans, marketing and outreach, laws and regulations, and many other areas. The Small Business Administration will be instrumental in laying the foundation and funding for my business. SCORE will also be utilized to provide guidance and mentorship. I will utilize the expertise of SCOREââ¬â¢s volunteers to give me valuable input on best business practices, effective strategies for success, enthusiasm and support. SCORE also has an assortment of training material ineffective strategies to manage, grow, and finance, business. The Small Business Administration and SCORE both will provide assistance on the keys to creating an appropriate business infrastructure, keys to sustainability, and strategies for growth. If you were to create your personal principles of leadership, what would they be and explain why you would chose them. My personal principles of leadership consist of three elements, lead by example, have a sense of accountability, and inspire a shared vision. These principles are the most important components of leadership and are the essence of effective leadership. Reference page * ^ Victor Kiam Going for it! How to succeed as an entrepreneur, ISBN 0688060609 * ;http://investing. businessweek. com/research/stocks/private/person. asp? personId=376317;privcapId=26851117;previousCapId=26851117;previousTitle=Lia%20Sophia; * ;http://www. google. com/about/corporate/company/business. html; * ;http://www. sba. gov/; * ;http://www. score. org/; How to cite Assignment #1: à Entrepreneurialà Leadership, Papers
Sunday, December 8, 2019
Clause Otherwise Clause Rendered As Invalid-Myassignmenthelp.Com
Question: Discuss About The Clause Otherwise Clause Rendered As Invalid? Answer: Introducation A valid offer and acceptance is necessary to form a contract and are two of the most essential elements to make it enforceable in the court of law. Another essential element of a contract is legal intention of the parties to become legally bound by the contract as was held by the court in Harvey v Facey [1893. The person making an offer is known as the offeror and the person accepting it is the offeree. When the offer is made to the offeree, the offeree must accept the terms of the offer as it is offered and cannot incorporate any additional or new terms. After the formation of the contract, both the parties to the contract becomes legally bound by the contractual terms as was held in Riches v Hogben [1986. In case, the offeree incorporates any additional or new terms to the offer made by the offeror, it would amount to a counter offer, which implies that the original offer shall become invalid as was ruled in Hyde v Wrench [1840. The parties to the contract may include an exclusion clause to limit the contractual liability of either party to the contract. An exclusion clause refers to the terms that limits the liability of a party to a contract provided such clauses are explicitly expressed incorporated into the contract. In LEstrange v Graucob [1934] 2 KB 394, it was ruled that if an exclusion clause was incorporated into a written contract it shall be effective even if either party is unaware of such inclusion. In Chapelton v Barry Urban District Council [1940], for a contract to be considered as valid, it is sufficient that the offer proposed had been accepted validly and is legitimate. However, the party incorporating the exclusion clause must inform the other party about such inclusion otherwise the exclusion shall not be considered as a valid contractual term. In Thornton v Shoe Lane Parking Ltd [1971], the court held that if an exclusion clause is detrimental to the other party who is unaware of such inclusion, the party must notify the ignorant party about such clause otherwise the clause shall be rendered as invalid. A condition is a contractual term, which may be immediately repudiated on its infringement by the party who is affected by such infringement, and the aggrieved party becomes entitled to claim compensation from the party committing such infringement. The court shall grant damages to the aggrieved party in the form of compensation for all the losses sustained due to such breach of the contractual term. The compensation amount is determined to restore the parties to the position as they were before the violation of the condition. A warranty is a term of a contract that prohibits the aggrieved party to repudiate the contract neither the contractual liability can be exempted. A warranty is not considered as an essential term of the contract as it does not form the subject matter of the contract. In case, either parties to a contract fails to act in compliance with the warranty stipulated in the contract, the aggrieved party might claim compensation for the damages sustained due to the breach of the warranty. Application As per the given case, the both the Airbus airlines and Qantas Airlines have agreed on the 545 terms that have been incorporated into the contract. This establishes the fact that the companies have entered into a contract as the agreement between the parties with respect to the contractual terms implies there has been a valid offer and acceptance. Hence, the parties to the contract are legally bound by the contractual terms. Airbus provided several documents to Qantas that also included liability clause, which was originally not included in the original contract. According to the liability clause, the contractual liability of Airbus is restricted to $300000 and as discussed above, an exclusion clause may be incorporated in a contract. However, as held in Thorntons case, the incorporation of any exclusion clause must be notified to the ignorant party by the party incorporating such clause for the clause to be valid. In the given case, the Airbus has not notified Qantas about the incorporation of such exclusion clause. Further, the subject matter of the contract to provide a good quality plane with accessories of good quality and a video system having 36 channels. Airbus provided a video system with 34 channels only as a result of certain technical failure. This failure on part of the Airbus airlines amounts to a breach of warranty because the breach was in relation to the subject matter of the contract. Since a breach of warranty prohibits the parties to exempt from its contractual liability, but allows the aggrieved party claim compensation for the damages, Qantas shall be entitled to claim compensation from the Airbus airlines. loss suffered by the Qantas airlines is more than $300000 but since Airbus had failed to notify Qantas regarding the incorporation of the exclusion clause it shall be held liable to pay compensation to the Qantas even if the loss exceeds $300000 and the exclusion clause shall be considered as invalid. In Edgington v Fitzmaurice [1885] 29 Ch D 459, misrepresentation is defined as false statements of facts that induces an individual to enter into a contract and become legally bound by the contractual terms of the contract. The term puffery refers to the self-evident statements that are used for the purpose of advertising. Since puffery has no legal significance, no claim cannot be made against it whereas in order to establish a claim against misrepresentation, the aggrieved party must establish that the person causing misrepresentation has made a false statement with a view to induce the person to enter into a contract and become legally bound by the contractual terms. Further, in order to make a claim with respect to misrepresentation, the aggrieved party must establish that he/she was not aware of the false nature of the statements and that their judgments shall not be affected by it. In Hill v Rose [1990] VR 129, it was observed that the false nature of the statement made by the person committing misrepresentation must be established and that the aggrieved was induced by such person who entered into the contract by relying on such false statements. In Lockhart v Osman [1981] VR 5, it was observed that silence cannot be considered as misrepresentation and the aggrieved person must establish that he/she was convinced by the person committing misrepresentation to enter into the contract. However, when the party causing such misrepresentation is aware of the fact that he is making false statements and still induce the aggrieved party to enter into a contract, such misrepresentation may be termed as fraudulent misrepresentation. Under such circumstances, where the party committing misrepresentation amounts to fraudulent misrepresentation, the aggrieved party is entitled to claim compensation from the person committing such fraudulent misrepresentation was held in the Derry v Peck [1889] 14 App Cas. Again, according to the rule of agency, the principal is bound by the actions of the agent as was held in Pioneer Mortgage Services Pty ltd v Columbus Capital Pty Ltd [2014] FCAFC 78. However, if an agent has an apparent, expressed or implied authority, the principal is bound by the actions of the agent or for the activities carried out within the course of employment. In Watteau v Fenwick [1983] 1 QB 346, the court held that even if the agent is not authorized by the principal and the principal-agent relationship does not exist, the principal shall be liable for the actions of the agent, if the agent deal with any third party who is unaware that the agent is unauthorized. In the givens scenario, Gamma works as a sales person in Franks Appliance shop and there was dishwater worth $350 present in the shop. Tom a customer after seeing the dishwater told Gamma that she would inform her whether he would purchase the dishwater at the stipulated price. Gamma was aware that her niece Frances needed a dishwater and told her that she could sell the dishwater at $300. She convinced Frank that the dishwater would not sell at $350 and she could arrange a customer who would buy it for $300. Frances was induced by Gamma and relied on her statements as she was salesperson and authorized her to sell it for $300 to Frances. Gamma was aware that she was making false statement that the dishwater could not be sold for at $350 where Tom said if he can, he would buy it for $350. Under such circumstances, it is established that Gama had committed fraudulent misrepresentation by making false statement regarding the sale of the dishwater at $350 and induced Frank to sell it for $300 to Frances. Later, Frank found that Tom would have purchased the dishwater for $350 only. Hence, Frank is entitled to claim compensation from Gamma of $50 for committing fraudulent misrepresentation. In the subsequent scenario, the Bob is a sales person who was authorized to sale washing machines and he often dealt with Angela for selling the washing machines. Bob was often careless about his work and came to office while drunk, due to which Frank had suspended Bob from the job. Bob ceased to have any authority to act on behalf of the principal, Frank. However, Bob sold the washing machines at $1000 each for which Angela had deposited $10000 in the bank account of the Home Appliance Specialists bank accounts. Bob takes the amount from the account and goes overseas. Under such circumstances, Frank did not ensure whether Bob had actually left the workplace after being suspended. Here, while Bob entered into a contract with Angela, she was not aware of the fact that Bob was suspended and does not have any authority to deal with third parties on behalf of the principal, Frank. Since Angela had dealt with Bob regarding the sale of washing machines so she was not aware of the authority of Bob to deal with third parties. As was observed in Watteaus case, if any third party has entered in to a contract with an agent who does not have the authority to enter into contract with third parties on behalf of the principal because the agent ceased to have any authority, the principal shall be liable by the acts of the agent. The principal shall be held accountable for the acts or omissions of the agent despite the fact that the agent, while dealing with the third parties was aware that he is not authorized to make such deal with the third party. The principal is bound by the actions of the agent owing to the implied authority that is conferred upon the agent by the principal. Here, Bob was aware that he was no more authorized to enter into any contract or deal with respect to the third parties on behalf of his principal, Frank. However, he still entered into a contract with Angela with respect to the sale of the washing machines for $1000 each and usurped the deposit amount of $10000 from the Home Appliance Specialists bank account. Moreover, sine Frank had an implied authority he was bound by the actions or omissions of his agent , Bob. The subject matter of the contract was to sale washing machines to Angela for which she had already paid an deposit amount of $10000. If the washing machines are nit delivered it would amount to a breach of the contract. Conclusion Since Angela was not aware of the fact that Bob did not have any authority to sell the washing machines while she entered into the contract, Frank is liable for the contract and he must deliver the washing machines. Nevertheless, Frank is entitled to claim compensation from Bob. Reference List Edgington v Fitzmaurice [1885] 29 Ch D 459 Hill v Rose [1990] VR 129 Lockhart v Osman [1981] VR 5 Derry v Peck [1889] 14 App Cas. Pioneer Mortgage Services Pty ltd v Columbus Capital Pty Ltd [2014] FCAFC 78 Watteau v Fenwick [1983] 1 QB 346 Harvey v Facey [1893 Riches v Hogben [1986 Hyde v Wrench [1840 LEstrange v Graucob [1934] 2 KB 394 Chapelton v Barry Urban District Council [1940] Thornton v Shoe Lane Parking Ltd [1971]
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