Tuesday, January 28, 2020

Bachs Musical Style

Bachs Musical Style For many music lovers, Johann Sebastian Bach (1685 1750) is the greatest composer in the history of human civilization. People all over the world play his music and study his art. The value of his music can be expressed by Wagners famous phrase quoted in the Oxford Dictionary of Music: It is the most stupendous miracle in all music. Style is the soul of every composer. Similarly, a good grasp of the playing style of a piece of music is an important criterion to judge the success of a performance. To grasp the works style correctly requires accumulated practice and the serious study of every note and every phrase and an equally important understanding of work as a whole. The published works of Bachs are many and include most of the mature music forms of his era including orchestral and chamber music and large works for orchestra and voice. However, Bach did not write opera and this is an important point to make when studying his ‘style. He did not write opera because his employment in the ducal courts and education establishments occupied his creative time, and because he had an important role in the Luthern Church, a strict Protestant church which discouraged extravagance. The word ‘opera, even by Bachs time, had hints of ‘extravagance, mostly because of the social circus of the public who attended opera. The public was there to indulgence themselves, to dress up and to be seen. Of course, dressing up and being seen has always been a part of church going, and Bachs music always had entertainment purposes, but the main function of his music is to praise God and promote His teachings. Whether this purposes is conscious or not, Bach n aturally adopted a German Protestant Christian outlook, in his work, one which rejects all unhealthy factors, or the non-equilibrium factors which bring about unexpected enthusiasm. Bachs music is characterized by rational thinking and solemn emotion. His music is ‘behaved i.e. it is very structured and balanced. Bachs works for voice and orchestra are characterized by having strictly Christian themes. They include more than three hundred sacred cantatas and the world-famous large-scale oratorios of the St Matthews Passion and the St. Johns Passion. They were not written for the opera house but for the cathedral. Bach did write secular cantata, such as The Coffee Cantata (BWV 211), â€Å"Schweigt stille, plaudert nicht† (Be still, stop chattering), but even this lightly satirical work has a Christian instructional themes. A warning against the addiction of coffee its main theme is Honor Thy Father, one of the Ten Commandments of Moses. The narrator ‘Schlendrian sings in horror that his daughter doesnt listen to him, though he has told her one thousand times to stop drinking coffee. Together with the Protestant Ethic, three interesting hallmarks of Bachs music style are Imitation, Contrast and Improvisation. Improvisation is the opposite of Imitation. The stepping-stone from Imitation to Improvisation is Contrast. To get there we must start at the beginning. To get to the beginning we will look at Bachs work for keyboard. At the forefront of Bachs works is his music for keyboard. Much of his adult career was spent at the keyboard, in particular the crucial beginnings as the court organist and concertmaster at the ducal court in Weimar (1708- 1717) and the glorious finale in Leipzig (1723-50). Throughout his creative life he composed a large amount of keyboard music, such as â€Å"Toccata and Fugue in D minor†; â€Å"Das wohltemperierte Clavier† (The well-tempered keyboard, Prelude and Fugue; and the Goldberg Variations. Therefore to really to begin to understand Bachs musical style we need to look closely at his writing for keyboard. Here we find the beginnings of his style and also the full flowering of his genius. Although Bach originally wrote for the keyboards of the pianoforte and the cathedral organ much of Bachs music has been transcribed for the piano, and it is through the transpositions for piano that pupils in China begin their studies of Bachs style and music. Their starting point is not, of course, the mature masterpieces such as the Goldberg Variations but the beautifully direct and eloquently simple pieces he wrote for his own pupils. â€Å"Inventions and Sinfonias†, BWV 772-801, also known as the â€Å"Two and Three Part Inventions†, are a collection of thirty short keyboard pieces consisting of fifteen two-part contrapuntal pieces called ‘inventio (inventions) and fifteen three-part contrapuntal pieces called ‘ sinfonia. The two groups are both arranged in order of ascending key, each group covering the fifteen major and minor keys. They were written by Bach as technical exercises to develop his pupils ‘two-hand independenceà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬ the ability to play independent parts of the music with each of their two hands. The autograph manuscript copy in the Staatsbibliothek zu Berlin includes Bachs own intentions under the heading ‘auffrichtig, or ‘Straightforward Instruction: â€Å"In which amateurs of the keyboard, and especially the keen ones, are shown a clear way not only (1) of learning to play cleanly in two voices, but also, after further progress, (2) of dealing correctly and satisfactorily with three obbligato parts; at the same time not only getting good inventions, but developing the same satisfactorily, and above all arriving at a cantabile [song-like] manner in playing, all the while acquiring a strong foretaste of composition.† The manuscript is dated â€Å"Anno Christi 1723† and signed â€Å"Joh. Seb. Bach: Capellmeister to his Serene Highness the Prince of Anhalt-CÃÆ' ¶then.† The important point to make here about Bachs style is that the starting point of the learning process and the creative process is ‘Imitation. This is very clearly the case when we look at the exercises themselves. The music, and the understanding of the music, evolves out of repetition and minor variations of the form. This ‘imitation is a part of the Protestant Aesthetic. It is the Protestant approach of ‘Say as we say and do as we do. But we note too that the function of Bachs ‘imitation is not ‘blind imitation it is deliberately intended to lead the player to ‘independence. Only when the pupil has mastered ‘imitation can he possibly proceed to the next level of musical understanding, which is ‘Contrast. In Bachs music contrast is shown in the whole and in the details. A good representative example is the 15 18 subsection of the first â€Å"two-part invention†, the contrast of strong and weak being a perfect match. Lively counterpoint voices are formed in contrast to fill the music with energy. The main theme is in coherent semiquaver notes; the counterpoint voice part is lively quaver notes. Different motive materials have different contrast,even in the same theme. such as 1 2 subsection in the eighth. This theme includes two motives, motive A is quaver note is a string of eight sub-note, whose staccatos are moving upward; motive B is a string of semiquaver note, whose staccatos are moving down. A motive is more active, B motives is more rounded, they have a sharp contrast. Evolving out of ‘contrast is ‘Polyphony, a texture containing two or more independent melodic voices. Polyphony has been described as Bachs crowning achievement (Bach Inventions, Chen Ming-chi series, World Publishing Company). Unlike melody, the polyphony of voices all maintain their independence. When more voices are added, and interwoven into the texture, in the same free and independent manner, the wealth of musical expression increases still further. Therefore, polyphony is a three-dimensional approach. It has a multi-faceted, multi-line, the multiplicity of complex thinking (quoted from the foreword in Piano Recital way, Zhao Xiaosheng, Hunan Education Press, 1981). Through polyphony Bach teaches us that harmony is not simply the accompaniment of a simple melody but a means to increase the wealth of our musical language. This union of melodies gives rise to new combinations of tones and consequently an increase in the variety of musical expressions. To the armoury of musical expression and ornamentations, such as trill, mordent, turn, appoggiatura, acciaccatura, improvisational ornamentality within a fixed space is an essential skill for every musician. Bach includes Improvisation as a part of Ornamentation. Improvisation is the opposite of ‘Imitation. After Beethoven, the detail of music scores became more and more specific and standard, and the space for musicians to play improvisational music is getting smaller and smaller. However, in Bachs works, this skill is indispensable. Bach did not often indicate the patterns of performing. An exception is the Clavier-BÃÆ' ¼chlein vor Wilhelm Friedemann Bach, written by Johann Sebastian Bach for the keyboard instruction of his eldest son, which gives Explanation of various signs, showing how to play certain ornaments correctly† but this is a rare exception. In Bachs time, the execution of ornaments often varied from country to country and from composer to composer. We l earn from the repeatedly revised manuscripts of the Inventions and Sinfonias that improvised ornamentation was encouraged, with the student expected to extend the logic through the entire piece. Thus, we come full circle. â€Å"The most stupendous miracle† of Bachs musical style, is that it teaches us that Imitation and Logic are the true pathways to Independence and Freedom.

Monday, January 20, 2020

Essay --

In the beginning of the play, Caliban and Prospero had a relationship similar to that of a father and son. Prospero took care of Caliban, and taught him how to speak. Caliban too, taught Prospero how to live on the island by showing him the places to get food. I feel that in the beginning, Caliban was naà ¯ve and innocent, with no ill intent. He truly felt that Prospero was his father, or a king, and in fact was a king that he loved. For instance, Caliban in Act 1, Scene 2 states â€Å"And then I loved thee.† Their relationship was one of love, and the want to help each other. After Caliban attempted to rape Miranda, Caliban’s and Prospero’s relationship changed drastically. Prospero became extremely hostile to Caliban, and insulted Caliban in their first conversation in the book in Act 1, Scene 2, â€Å"Thou poisonous slave, got by the devil himself. Upon thy wicked dam, come forth!† It is easily seen how their relationship has changed severely since then. Caliban, too, hurled curses at Prospero: As wicked dew as e'er my mother brushed With raven’s feather from unwholesome fen Drop on you both! A southwest blow on ye And blister you all o'er! Certainly, this would not have been the way they would have talked to each other if they had still loved each other. Their relationship was now one of loathe and revolt. Caliban became resentful and grouchy because of Prospero’s rejection of him after what he had done. However, Caliban, being a savage, was probably just heeding nature’s calls. After all, all of nature has a need to procreate, and Caliban was just following his instincts. Furthermore, Miranda was the only girl on the island who was of the right age to procreate, so thus Caliban’s actions were valid, to him at least. In addition, Calib... ...nces whereby Caliban’s actions affected his relationships with others, it was not due to sudden changes in character, but rather, due to the way he was brought up, and the impact of people’s actions on him which led to the final blow. Also, Caliban’s and Prospero’s relationship changed in various ways throughout The Tempest, where at a point it was a relationship of love, and at another time it was one of hatred. However, looking at the text as a whole, the overarching relationship the both had was still one of a master and slave. Even though they had a loving relationship in the beginning of the story, theirs was still one of superiority and inferiority. At the end of the play, their relationship returned to what it was initially. Hence, their relationship did not actually change throughout, but what changed was the way they spoke to each other throughout the play.

Sunday, January 12, 2020

Can the Problem of Monarchy Be Considered Old-Fashioned?

Can the problem of monarchy be considered old-fashioned? A monarchy is a governmental system that has one person as the permanent head of state until he or she dies or gives up his or her position. Typically, the position of monarch is hereditary, as is the case with famous monarchies like that of the United Kingdom. The term is often used to refer to a system of government in which the monarch — such as a king or queen — has absolute authority, but many monarchies are limited or constitutional monarchies in which the monarch has restricted power and might even be mostly a figurehead rather than a ruler.So ,the question is whether the problem of monarchy can be considered old-fashioned or not? One aspect of a monarchy that is considered to be an advantage is that it can reduce or eliminate the struggle for ultimate power within the government. When the head of state must be elected, members of different political parties or factions will compete for the position. This o ften creates division and conflict within the government. If the head of state serves for life and his or her successor is already known, it might increase the unity within the government.Still, the monarchy system represents a cultural tradition for a country. In many places, even after the actual operation of the government has changed to a different system, a monarchy will be retained because it is an important aspect of the cultural and political history of the nation. The monarchs in these cases are living representatives of generations of rulers. They often are treated as figures of reverence. Moreover, the system of monarchy means stability even prosperity .As an example, our country was doing well during monarchy system until the Russian communist took it and stole the land from the legal owners (peasants, rich people or business men). Everyone needs a place where his or her family would be safe and a stable working place. This stability in society is definitely attracting m ore and more people on the monarchy’s side. Another argument, which may sound odd, is that people are more reluctant to trust a king or a queen as the ‘boss’ of the country rather than a president.Believe it or not people still have the idea of a king as a person who is standing on a big throne with a golden crown on his head, having a luxurious life and with an outstanding intelligence as well (image that was took from fairy tales I guess) while a president is just a simple tailored-suited person. In conclusion I think that most people do not regard monarchy as an old-fashioned system. Moreover I think that this system is gaining more and more popularity as we have been experiencing many other systems which did not bring us prosperity at all.

Friday, January 3, 2020

The Glass Menagerie by Tennessee Williams - 1525 Words

The Glass Menagerie, a family drama play written by Tennessee Williams, and published in 1945 tells a story of the Wingfield family as they struggles with choosing between one’s own personal dreams and accepting the reality of the family’s situation. The Glass Menagerie stresses the subject of failed endeavors to escape reality and to occupy an elaborate unsustainable fantasy world. â€Å"A blown-up photograph of the father hangs on the wall of the living room, to the left of the archway. It is the face of a very handsome young man in a doughboys First World War cap. He is gallantly smiling, ineluctably smiling, as if to say I will be smiling forever. (1) Mr. Wingfield, husband to Amanda and father to Tom and Laura, is one of the most significant characters in the play even though he is never seen. Tom frequently comments on the fact that he is similar to his father in many ways: TOM: I’m like my father. The bastard son of a bastard! (31) Mr. Wingfield worked a menial job at the telephone company and feels unfulfilled and like Tom, had the desire for adventure. In order to fill his quest for new experiences Mr. Wingfield abandoned his family. His picture, however, is prominently displayed in the Wingfield’s living room almost like a constant reminder. The more desire for adventure Tom expresses, the more Amanda compares Tom to his father. Tom begins to use this ‘willingness to abandon the family’ almost as an excuse. Tom starts to believe he carries the character trait forShow MoreRelatedThe Glass Menagerie By Tennessee Williams985 Words   |  4 Pageshardly catch it going. ¨ This quote by the author of The Glass Menagerie, Tennessee Williams, describes both The Glass Menagerie, a memory play, and the life of Tennessee Williams himself, for whom memories played a large role in his life. Within the play, many parallels can be drawn between the life of Williams and the life of Tom, the main chara cter, such as a disdain for factory work. In addition, several characters in The Glass Menagerie have a difficult time fitting into the roles that theirRead MoreThe Glass Menagerie By Tennessee Williams Essay940 Words   |  4 PagesTennessee Williams was a renowned Pulitzer Prize-winning playwriter for his numerous plays throughout his career. One of such plays is The Glass Menagerie. After perfecting his play for many years, The Glass Menagerie was first introduced to Broadway on March 31, 1945. As a young writer, Williams lived vicariously through his plays. Throughout this play in particular, there are several allegories that pertain to Williams life. Although Williams had a relatively happy childhood, his life changedRead MoreThe Glass Menagerie By Tennessee Williams986 Words   |  4 PagesTennessee Williams’s The Glass Menagerie, is a classic drama about a young man who is tired of his dull and boring existence. Tom, the main character, struggles to deal with his fa mily, who is apparently holding him back in life. With the use of powerful writing techniques, Williams is able to captivate his audience and create a play that has stood the test of time. An excellent writing technique employed by Williams that contributes to The Glass Menagerie’s success is his use of plot. ThroughoutRead MoreThe Glass Menagerie By Tennessee Williams932 Words   |  4 Pages THE GLASS MENAGERIE Name Instructor Institution Course Date The Glass Menagerie Tennessee Williams, the author in the play †The Glass Menagerie† that is based on his life that presents characters that, as caught animals in an cage, live in woeful states and just wish to unravel themselves from this state (Fisher, 2010). The primary clash in the story emerges through their longing to encounter a different world, but their condition opens them to life s unforgiving realities. LifeRead MoreThe Glass Menagerie By Tennessee Williams1249 Words   |  5 Pagesthe outside world The Glass Menagerie is very interesting because William s play relates to alot of people and their situations, people can learn alot from it alot whether they connect to Amanda and her past or to Laura and her lack of confidence and being in a world of her own or to Tom and his internal conflict about abandoning his family or staying with them. Laura s life is all about her glass menageries what happens when her glass unicorn breaks? What happens when a gentlemanRead MoreThe Glass Menagerie By Tennessee Williams1619 Words   |  7 PagesIsolation is prevalent in â€Å"The Glass Menagerie† by Tennessee Williams. This is presented in symbols such as blue roses and the glass unicorn, for they are imagined objects and only existent in another fantasy world. Williams incorporates such arcane symbols to draw out his characters, Amanda, Laura, and Tom, and how they cope with confinement. Most importantly, the symbols of the play represent how isolation debilita tes them psychologically in an attempt to connect with reality. The jonquils representRead MoreThe Glass Menagerie By Tennessee William1014 Words   |  5 PagesIn the play â€Å"The Glass Menagerie† of Tennessee William, he wrote a drama play to emphasize readers about the life is at a standstill the Wingfield family. Through of the Wingfield family, he uses many symbols which represent many things, but the important main symbolization is fire escape that shows three main characters; Tom Wingfield, his fire escape is the way out of Amanda and Laura. Amanda Wingfield, hope gentlemen callers to enter their lives, and Laura Wingfield, who wants in her own worldRead MoreThe Glass Menagerie By Tennessee Williams1534 Words   |  7 PagesThe Glass Menagerie by Tennessee Williams Tennessee Williams, born Thomas Lanier Williams, wrote The Glass Menagerie, a play which premiered in Chicago in 1944. This award winning play, autobiographical in nature, represented a time in which Williams felt the obligation of his responsibilities in regards to the care of his family. Robert DiYanni, Adjunct Professor of Humanities at New York University, rated it as, â€Å"One of his best-loved plays...a portrayal of loneliness among characters who confuseRead MoreThe Glass Menagerie By Tennessee Williams Essay876 Words   |  4 PagesIn Tennessee Williams’ The Glass Menagerie, there is a collection of glass animal figurines that belong to Laura. Laura uses those figurines to escape her reality. The â€Å"glass menagerie† is also a metaphor because all of the characters have a metaphorical glass menagerie that they use to escape their reality. Tom escapes his reality by going to the movies, drinking, and writing poetry. Tom says, â€Å"I go to the movies because – I like adventure†¦ something I don’t have much of at work† (Williams 33)Read MoreThe Glass Menagerie By Tennessee Williams867 Words   |  4 Pagesdraw the line between getting what you want and doing what you are obligated to do? In The Glass Menagerie by Tennessee Williams, the main characters are torn between fulfilling their desires and aligning with their role in society. On the surface, Amanda Wingfield plays the role of a caring mother that would do anything in her children’s best interest. However, according to the play, â€Å"The Glass Menagerie†, you should never be fooled by the â€Å"Illusion of the truth.† She indeed values her children’s

Thursday, December 26, 2019

Definition And Description Of Crime - 1627 Words

Introduction Criminology is the study of social sciences and criminal behavior, which is what I will be talking about in this essay. The main topic of my essay is homicide, which I will define and describe in the next paragraph. I will talk about the criminology theories that pertain to homicide, and a famous killer that can help the reader better understand what the theories actually mean and how they are seen in society. The last paragraph of this essay will talk about the social controls of criminals and if formal or informal social control is better. Definition and Description of crime A human being killed by another human is known as homicide. Sometimes homicide and murder can be confused with each other as murder is actually a form of criminal homicide and they are both very similar. Unlike murder other types of homicide are not considered to be a criminal act. Murder is the unjustified or inexcusable killing of another human being and is the most serious criminal offense. Someone that is convicted for murder can be sentenced to many years in prison, life in prison, no possibility of parole, and sometimes even the death penalty. There are two different types of violent crimes, expressive and instrumental. Expressive is an act of violence that vents rage, anger and frustration. An instrumental act of violence is designed to improve the social position of the criminal. Different behavioral patterns can cause someone to commit a crime as serious as murder, some peopleShow MoreRelated Racial Profiling is Necessary1040 Words   |  5 Pagesdifferent authors use different criteria for the term racial profiling, Merriam-Webster’s definition for the word racial is â€Å"of, relating to, or based on a race (Merriam-Webster, 2006; p.855).† The definition the dictionary puts forth for profiling is â€Å"the act of suspecting or targeting a person solely on the basis of observed characteristics or behavior (Merriam-Webster, 2006; p.830).† Based on these definitions, racial profiling could be defined for criminal justice purposes as targeting a personRead MoreCyberbullying Is A Major Issue1205 Words   |  5 Pagesperson’s account information to break into their account and send damaging messages, pretending to be someone else online to hurt another person, taking unflattering pictures of a person and spreading them through cell phones or the Internet. 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Most people don’t know too much about the white collar or corporate crimes until it happens and maybe because it something that affects them orRead MoreFamily in â€Å"The Public Enemy (1931)†700 Words   |  3 Pagesa dynamic topic whose description has varied over time. To discuss the family and the definitions that the social unit this paper reviews and analysis the movie â€Å"The Public Enemy (1931)† produced by William. In regard to the analysis, this paper will explore the family as a social unit that is affected by the actions of each and every member in the family and the society.     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Traditionally, money laundering has been regarded as â€Å"a process by which criminals attempt to hide the origins and ownership of the proceeds of their criminal activities† (Hopton, 2009, p. 1). The aforementioned definition presents an objective that willRead MoreDefinition of Research1639 Words   |  7 PagesRELATOR, RUE BERYL DS. DEFINITION OF RESEARCH Research has been defined in a number of different ways. * A broad definition of research is given by Martyn Shuttleworth - In the broadest sense of the word, the definition of research includes any gathering of data, information and facts for the advancement of knowledge. * Another definition of research is given by Creswell who states - Research is a process of steps used to collect and analyze information to increase our understanding

Wednesday, December 18, 2019

1984 The Control Of Reality For Control Of The Masses Essay

1984: The Control of Reality for Control of the Masses 3 KEY POINTS: 1. The Party Controls History 2. The Party Controls the Conditions of Human Psychology 3. The Party Controls god. How The Party Controls Reality: How does the party controls history? How does it affect the present? How does scarcity affect human psychology? What role does Big Brother play? Outline: Introduction: State Topics: The Party Controls Reality to control the people It controls History, Psychology and god. Paragraph 1: History: Explain Revisionism Its Process How it affects the present Paragraph 2: Psychology: Artificial Scarcity: Affects human behavior Maslow Theory of Human behavior Paragraph 3: God: Big Brother has taken the place of God:†¦show more content†¦Re-write in full and submit your draft to higher authority before filing.quot; (47) A former higher Inner Party hero, praised in one of Big Brothers speeches, has mysteriously fallen out of favor, and has probably been vaporized. It is not enough that the Thought Police has made him disappear. He must be removed from the records. According to the Party he has never existed - he is an Unperson. This process of continuous alteration is applied not only to newspapers, but also to books, periodicals, pamphlets, posters, leaflets, films, sound-tracks, cartoons, photographs- to every kind of literature or documentation which might hold any political or ideological significance. In this way every prediction made by the Party could be shown by documentary evidence. All speeches, statistics and records of every kind must be constantly brought up-to-date in order to show that the predictions of the Party were in all cases right. With no past to compare things with, everybody is satisfied with present-day conditions. Changing the records maintains the infallibility of the Party and the Big Brother, removing facts from the records and any hint that the Party was ever wrong about anything. 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The texts all feature varying forms of dystopia, Bioshock features a dystopia brought on by evolutionary war, whereas brave new world features a world where the state has unlimited control over the technology and the people that rely on it. Paragraph 1 In Elysium, the film has an imaginary space station called â€Å"Elysium† this station hold only the most elite people, everybodyRead MoreSimilarities Between 1984 And V For Vendetta1140 Words   |  5 PagesGeorge Orwell wrote 1984 as an alternative historical book for the World War II, and V for Vendetta is a dystopian political thriller film based on 1984 DC series directed by James McTeique, and written by The Wachowskis. In 1984, the dystopian future of humanity was divided into three main lands. Eurasia, Eastasia, and Oceania. History is centered in the life and politics of Oceania. They are from a historian sense a mixture of the Nazi party and the Socialist party. However, its ideology is basedRead More George Orwells 1984 Essay1690 Words   |  7 PagesGeorge Orwells 1984   Ã‚  Ã‚  Ã‚  Ã‚  War is Peace. Freedom is slavery. Ignorance is strength. These are the beliefs that the citizens of Oceania, in the novel titled 1984, written by George Orwell, live by. In this novel, Oceania, one of the three remaining world super powers, is a totalitarian, a society headed by Big Brother and his regime, known as the ministries of Truth, Love, and Peace. A totalitarian government is defined as a government characterized by a political authority which exercisesRead MoreAnalysis Of The Book 1984 By George Orwell1253 Words   |  6 Pagespoint of trying to live a regular life. In the book 1984 by George Orwell nearly everyone in the book is brainwashed and given a lot of false information. Winston and other characters only provide a little bit of hope. With a little bit of hope in the brainwashed world there is still absolutely no chance for any recovery unless the upper management screws up. This hope provides nearly no chance of humanity going back to normal. In the book, 1984, Big Brother is watching over everyone at all timesRead MoreWhy Do We Have A Feeling Something Just Isn t Quite Right?783 Words   |  4 Pagesvery rarely a clear cut line between fact and fiction. For every explanation there is a counter explanation and it is left to the individual to make sense of the world around them. In the upside down and back to front west, where beliefs replace reality and an estimated 40% of Europeans suffer from some form of mental illness, shape shifting reptiles and the belief that Clinton is demonically possessed, now carry as much weight as does common sense. Marx got it wrong; it wasn’t about class,Read MoreAnalysis Of George Orwell s Brave New World 2696 Words   |  11 PagesNew World and ‘1984’. However, both authors approach their respective dystopian visions in different ways. Orwell envisioned INGSOC, a state based on security and repressive surveillance, utilising totalitarianism forms of control. Whilst Huxley depicted a society held captive by profligate consumption forcing its citizens to embrace their own oppression whilst being made blissfully ignorant by entertainment, spectacle and most importantly technology. First and foremost, ‘1984’ and ‘Brave New

Tuesday, December 10, 2019

Late Payment and Insurable Interest †Free Samples to Students

Question: Discuss about the Late Payment and Insurable Interest. Answer: Introduction: The essentials of a valid contract are intention, consideration, capacity and consent (Kong et al. 2016). Therefore, in order to make the contract legally binding upon the contracting parties, there must be an existence of an agreement, an intention to form an agreement, consideration, capacity of the contracting parties and legal consent. In this regard, it is noteworthy to mention here that a contract can be made verbally or in a written form (Munoz 2017). The existence of an oral assurance in a contract was first established with the help of Parole Evidence Rule. The Parole Evidence Role was first observed in the landmark cases of Sydney V Taylor (1891) 12 LR (NSW) 252 (at 262) [2] and Goss V Lord Nugent (1833) 5 B Ad 58 (at 64-65) ; 110 ER 713 (at 716). In these landmark cases, the terms of contract in relation to oral and verbal contract were determined. The Courts in such cases generally assume that the terms and requirement contained in the contract are specifically planned b y the parties however; lacked the confidence to perform the requirements of the contract. The Parole Evidence Rule focuses on the existence of unreliable evidence for instance management, an oral agreement and in some cases a written agreement that has not been included in the contract (Epstein, Archer and Davis 2014). Therefore, it is worth noting that in order to provide appropriate support to the intention of the parties to contract, the Parole Evidence Rule has been applied by the Courts. Applying the Parole Evidence Rule, the Court is at the authority to reach at a final decision in relation to the duties and rights of the parties to contract for the purpose of preventing imitation and deceptive claims (Veasey and Simon 2017). According to this rule, the consequences faced as a result of oral contract cannot be claimed or modified for the purpose of discharging the written contract. Various exceptions are there under the Parole Evidence Rule, that are The nature of the written agreement in the contract may be such that may not form the part of the whole contract as intended by the parties; there may be the presence of an oral agreement (Arnold?Dwyer 2017). Therefore, the condition of oral contract can only allowed by the Court on the ground that the written agreement in the contract was not intended to form the part of the whole agreement (Zeng 2015). However in such cases, one of the parties to the contract may take unfair disadvantage of the other party which was held in Van den Esschert v Chappell [1960] WAR 114. In Van den Esschert v Chappell [1960] WAR 114 it was observed that before signing the contract for sale agreement the seller guaranteed the purchaser by way of oral assurance that there were no existence of white ants in the house. Afterwards the purchaser observed that as a result of the presence of white ants in the house it destroyed all the timber. The seller was sued and the purchaser received compensation for the damages. It was held by the Court that, the oral assurance given by the seller regarding the presence of white ants formed an essential part of the contract, although it was not mentioned in the written contract. Similarly in Nemeth v Bayswater Road Pty Ltd [1988] 2 Qd R 406, it was observed that the defendant was sued by the plaintiff as the defendant assured that there were no additional charges in the contract. Later on identifying the additional charges from the written document the plaintiff sued the defendant. In the present case study it can be observed that there was a oral assurance on the part of Kalpana when she mention that the form of the dance will be traditional, classical Indian dance. A contract was signed between her and Rafia where the form of dance was not mentioned neither Kalpanas oral assurance. Therefore, the exception of party written and party oral contract can be applied here. It can be stated that the nature of contract which existed between Kalpana and Rafia was partly written and partly oral. Therefore, it can be stated that the verbal assurance on the part of Kalpana is a term of contract. The case study Van den Esschert v Chappell [1960] WAR 114. In Van den Esschert v Chappell [1960] WAR 114 can be referred in this regard where it was observed that the seller (defendant) has to compensate for the damages for not acting in terms of the verbal assurance given by him although there was a presence of a written contract. In the present case study, it can be observed th at though the form of the dance was not mentioned in the contract is formed an important part of it by way of oral assurance from Kalpanas part. The condition in a contract is regarded as the fundamental term whereas a warranty is considered to be a statement in the contract which provides assurance to the parties about the factual matters present in the contract which was held in Poussard v Spiers (1875) L.R. 1 QBD 410andBettini v Gye (1875) L.R. 1 QBD 183. In this regard, the subject-matter of collateral contract can be discussed. Collateral contract is considered as a separate contract which exists in relation to the main contract. In case of collateral contract there is a possibility on the part of the parties to involve in an oral or verbal agreement which exists along with the written contract. In Heilbut,SymonsandCo.v Buckleton[1913] AC 30, it was held that during the formation of a contract each and every agreement made by the parties should be taken into consideration. Similarly in De Lassalle v Guildford(1901) 2 KB 215 it was held that a verbal agreement must be consistent with the written contract. The definition o f warranty can be emphasized in order to explain the importance of promise and assurance clearly. A warranty can be defined as a oral assurance given by the seller to the buyer prior to the contract in order to assure the buyer regarding the nature, quality and specific performance of the product (Dunt 2015). However, in certain cases, it can be observed that the warranties provided by the buyer to the seller fail to perform according to the assurance provided during the time of signing the contract. Therefore, warranty can be defined as the assurance or promise on the part of the buyer to the seller. In a recent case Royal Bank of Scotland plc v Carlyle [2013] CSIH 75, it was observed that promises, oral assurances and collateral warranties can be treated as important terms of a written contract. In this case it was observed that there was an existence of collateral warranty on the part of the employee for the purpose of providing oral assurance. It was held by the Court that colla teral warranties plays significant role in a written contract which is often associated with verbal promise and assurance. In case of breach of such collateral warranty, the defendant shall be held liable. Therefore, it is important to note the verbal assurances or promises create an obligation on the part of the parties to complete the terms of the contract. The Court in this regard, investigated the fact that whether a telephonic conversation on the part of the defendant can actually be considered as a collateral warranty. The Court at this point of time expressed its doubt regarding the fact that whether collateral warranty can be defined as the element which exists as a distinct legal entity along with the main contract or whether it can be treated as an oral assurance which may or may not be used as an essential term in the contract. Therefore, in the conclusion, it was held by the Court that warranty can be treated as a free-standing legal entity and an oral assurance on the p art of one of the parties. In British Workmans and General Assurance Co v Wilkinson(1900) 8 SLTit was held by the Court that collateral warranties must be contractual in nature management. In the present case study it can be observed that there was a oral assurance on the part of Kalpana when she assured Rafia regarding the nature of the dance form. Therefore, the cases of Poussard v Spiers (1875) L.R. 1 QBD 410andBettini v Gye (1875) L.R. 1 QBD 183 can be applied in which it was held that warranty can be treated as a statement which assures the parties regarding the matters contained in such contract. The case study of Heilbut,SymonsandCo.v Buckleton[1913] AC 30 can be referred as it was held that each and every agreement made by the parties during the course of contract must be taken into consideration. Similarly, in case of Kalpana and Rafia, there was an agreement that the dance from must be classical and traditional however; there was no mention of such dance form in the written contract. The agreement formed a collateral contract which existed along with the written contract. The case of De Lassalle v Guildford(1901) 2 KB 215 can be applied as the oral assurance given by Kalpana was consistent with the written contract. The case of Royal Bank of Scotland plc v Carlyle [2013] CSIH 75 can be referred as it was held by the Court that an oral assurance can be treated as a collateral warranty which exists in relation with the main contract. In the present case study, it is evident that there was a presence of oral assurance along with the written contract. The case of British Workmans and General Assurance Co v Wilkinson(1900) 8 SLT can be referred as it was held that collateral warranties must bear contractual characteristics. Therefore, in the present case study it can be observed that the collateral warranty which existed between Kalpana and Rafia was contractual in nature. In law of contract, for the purpose of making the contract enforceable, there must be an agreement between two or more parties. However, if one of the parties to the contract fails to act according the terms of the contract, there is a performance of breach of contract. The remedies for breach of contract under the common law can be divided into damages and liquidated claims. Damages in case of breach of contract are often considered as a substitute for performance. Liquidated damages shall be available as a remedy where there is a presence of a clause in the contract which has been agreed by the parties regarding a particular amount which shall be payable upon breach of contract. There are equitable remedies as well which includes specific performance and injunctions. Specific performance is the order granted by the Court to the parties in breach of contract for the purpose of performing the contract in a specified manner (Ostendorf 2015). Specific performance can be ordered by the Court if it comes to its knowledge that damages are not enough to provide adequate compensation to the injured party. However, injunctions are orders directed by the Court towards the breaching party restraining him from doing a particular task. In Airloom Holdings Pty Ltd v Thales Australia Ltd [2011] NSWSC 1513 it was held that there is a right to sue for damages on the part of the contractors for the purpose of claiming damages for non-performance. In Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64, it was held by the Court that the injured party should be placed in a position as it would have been occurred, if the terms of the contract were performed. Specific performance can be applied by the Court in case of breach of contract where monetary damages are not enough or adequate to fulfill the needs of the injured. However, it is a discretionary remedy which may not be imposed by the Court where damages will provide appropriate remedy (Veasey and Simon 2017). On the other hand, damages are losses or cost that can be incurred during the course of contract for breach of contract on the part of one of the parties. Therefore, in this regard, it is worth stating that on breach of contract, liquidated damages can be imposed. An injunction may be interlocutory, mandatory and prohibitory. An interlocutory injunction is granted by the Court for the purpose of the purpose of maintaining the status quo of the matter concerned. Mandatory injunction can be imposed by the Court for the purpose of directing something to do. The prohibitory injunction however, prohibits the party to do something. In the present scenario, it can be observed that, USC invested thousands of dollars in advertising the multicultural dance program. However, the USC had to refund those tickets to the patrons on demand. Therefore, it can be stated that there is an authority on the part of USC to sue Kalpana for breach of contract and claim damages for the losses incurred. The case of Airloom Holdings Pty Ltd v Thales Australia Ltd [2011] NSWSC 1513 can be referred where it was held that the parties can sue and claim for damages for non-performance of contract. Similarly, in the present case scenario, it can be observed that there was non-performance on the part of Kalpana and therefore there is a right on the part of USC to sue for damages. The case of Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64 can be referred in the present case as it is necessary to place Kalpana in that position which has been faced by USC, if she performed all the terms of the contract completely. It is evident that specific performances can be applied by the courts when monetary damages are not enough to incur the losses suffered by the injured party. Therefore, in the present case study, there is a possibility that the Court may grant specific performance, if the damages does not prove to be adequate for USC. Conclusion: In the conclusion, it can be opined that the remedies of liquidated damages and specific performance are available to USC. References: Airloom Holdings Pty Ltd v Thales Australia Ltd [2011] NSWSC 1513. Bettini v Gye (1875) L.R. 1 QBD 183. British Workmans and General Assurance Co v Wilkinson(1900) 8 SLT. Commonwealth of Australia v Amann Aviation Pty Ltd (1991) 174 CLR 64. De Lassalle v Guildford(1901) 2 KB 215. Goss V Lord Nugent (1833) 5 B Ad 58 (at 64-65) 110 ER 713 (at 716). Heilbut,SymonsandCo.v Buckleton[1913] AC 30. Nemeth v Bayswater Road Pty Ltd [1988] 2 Qd R 406. Poussard v Spiers (1875) L.R. 1 QBD 410. Royal Bank of Scotland plc v Carlyle [2013] CSIH 75. Sydney V Taylor (1891) 12 LR (NSW) 252 (at 262) [2]. Van den Esschert v Chappell [1960] WAR 114. Arnold?Dwyer, F., 2017. Insurance Law Reform by Degrees: Late Payment and Insurable Interest.The Modern Law Review,80(3), pp.489-509. Dunt, J., 2015. Warranties, conditions and exclusions. InMarine Cargo Insurance, Second Edition(pp. 167-186). Informa Law from Routledge. Epstein, D.G., Archer, T. and Davis, S., 2014. Extrinsic Evidence, Parol Evidence, and the Parol Evidence Rule: a Call for Courts to Use the Reasoning of the Restatements Rather than the Rhetoric of Common Law.NML Rev.,44, p.49. Kong, E., Goh, S.C.N., Gussen, B.F., Turner, J. and Abawi, L.A., 2016. Strategies on Addressing Contract Cheating: A Case Study from an Australian.Handbook of Research on Academic Misconduct in Higher Education, p.206. Munoz, E., 2017. Teaching Comparative Contract Law through the CISG.Indon. J. Int'l Comp. L.,4, p.725. Ostendorf, P., 2015. The exclusionary rule of English law and its proper characterisation in the conflict of lawsis it a rule of evidence or contract interpretation?.Journal of Private International Law,11(1), pp.163-183. Veasey, E.N. and Simon, J.M., 2017. The Conundrum of When Delaware Contract Law Will Allow Evidence Outside the Contract's" Four Corners" in Construing an Unambiguous Contractual Provision.Business Lawyer,72(4). Zeng, R., 2015. Interactive Relationship between Property and Contract Law-Security Rights Perspective.US-China L. Rev.,12, p.1026.