Celta Assignment 3 Skills-Related - 1182 Words

CELTA-June 2013 Assignment 3: Skills-Related Part1: Justification of material choice For this Skills-related assignment, my choice of authentic reading material is â€Å"Few Places with Better Stories†. from Asian Geographic magazine (no 78 issue 1/2011, pages 30 and 35). As this magazine is widely read and it is also a popular TV channel, the students will be able to relate to it easily. I decided to use this article as I think it is appropriate for English Language learners at the Intermediate level. The article deals with photography which can be a hobby or passion for many adult learners and hence they can identify with the author. It is also biographical, as the author narrates his experiences, thus the reader can bond with the†¦show more content†¦The teacher flashes the answers for the gist reading on the screen (OHP) and for the scanning task, individual students could volunteer to discuss the answers. At this stage the teacher can feedback on how the students located the answers (sequence of information in the paragraphs, lead words, context etc). â€Å" A common scanning activity is searching for information†¦.Although scanning is involved with finding individual points from the text†¦.the way the reader finds the information involves some degree of processing of the overall shape and structure of the text†¦Ã¢â‚¬  (Learning Teaching, Third edition 2011, Jims Scrivener, Macmillan) Part 3: Productive skill task design I would use a writing task for productive skill. As the students have read about underwater life, I would set a guided task to write about the topic: â€Å"Your thoughts and feelings of underwater world† (Students are expected to write five sentences) Photos and pictures of marine life will be pasted around the classroom. Each picture/photo will carry a description/key words. Students will do a gallery walk, with a pen and a paper, to note the details and description they would like to use. They will return to their seats to write five sentences about underwater life and theirShow MoreRelatedCelta Syllabus Assessment Essay5688 Words   |  23 PagesCELTA Syllabus and Assessment Guidelines Third Edition CELTA (Certificate in Teaching English to Speakers of Other Languages) is accredited by Ofqual (the regulator of qualifications, examinations and assessments in England) at level 5 on the Qualifications and Credit Framework. University of Cambridge ESOL Examinations 1 Hills Road Cambridge CB1 2EU United Kingdom Email: ESOLhelpdesk@CambridgeESOL.org www.CambridgeESOL.org EMC|2254|0Y12  © UCLES 2010 CAMBRIDGE ENGLISH: CELTA SYLLABUS Read MoreCelta Key15571 Words   |  63 PagesCAMBRIDGE CELTA COURSE 24 June – 19 July 2013 Dear Trainee, Welcome to British Side and the course! You are now trainees on the Cambridge CELTA Course and students at British Side. The former means that you are following a training course designed by the University of Cambridge ESOL. The syllabus and assessment criteria are laid down by this organisation, and the course will be inspected and moderated by an externally appointed assessor. You will not be assessed by this person (s/he will inspectRead MoreCelta Assignment 2:Skills -Related Task1134 Words   |  5 Pages Cambridge CELTA Written Assignment Two Skills –related tasks Word count: 1082 I acknowledge that this paper is my own work. Trainee: Mileva Genadieva Signature: Date: 18.02.2013 Receptive skills: According to J. Harmer in his book The Practice of English Language Teaching, â€Å"receptive skills are the ways in which people extract the meaning from the discourse they see or hear†. In the following text â€Å"Playing with your food† the main skill that is beingRead MoreCELTA ASSIGNMENT 3 Essay1166 Words   |  5 PagesCAMBRIDGE CELTA Assignment 3 Receptive Skill Krishna Bahadur Bohora 1/7/2014 â€Æ' Assignment 3 I have selected a news article from an online entry of Telegraph Media Group Limited for Authentic Material for Reading. The title of the text is Cyclist trapped under car for 30 minutes escapes with just cuts and bruises. The text is selected for the learners of mid-intermediate level. The learners of this level have some knowledge of complex sentence structures and vocabularyRead MoreCelta Assignment 3883 Words   |  4 PagesAssignment 3: Skills Related Task Course: Celta By: Syed Ahmed Submission date:15/08/2011 Rationale for lesson The reason why radio advertisement has been chosen is due to the following: †¢ I would expect students listen to the radio everyday. They are exposed to radio advertisement whether it is in English or in their native language. It is a useful area to explore as students will pick up a few words used in advertisements and hence generate interest in learning the language. Read MoreCambridge CELTA Course Assignment 3 Essay1496 Words   |  6 Pagesï » ¿Cambridge CELTA Course Assignment 3 Skills Related Task Selection of a reading or listening text with rationale, tasks and lesson plan design Trainee: Minoo Date: Feb 18, 2015 Appendix 1: Handouts Appendix 3: Answer key Appendix 2: Text Purpose: According to J. Harmer in his book The Practice of English Language Teaching, â€Å"receptive skills are the ways in which people extract the meaning from the discourse they see or hear†. In the following text the main skill which is going to be practicedRead MoreCelta assignment 3 Essay1752 Words   |  8 Pagesï » ¿CELTA December 2013 Assignment 3: Skills Related The receptive skill chosen for this assignment is reading, and the authentic material used for the purpose of developing this skill is an article entitled, Greenwich is packed full of Londons most popular attractions [1], which will be related to the productive skill of writing. The learners reside in London and come from EU countries (mostly Italy), and motives for learning the English language vary. The age factor of the students may

Crime And Punishment By Fyodor Dostoevsky - 914 Words

We all have at least encountered a person who is in fact intelligent, proud, and handsome, but because of their overly esteems of themselves, they begin to doubt anyone credibility, begin to think that they are superior than everyone to the point where they end up separating themselves from the world around them. And it often costs them the lost of their talents. In Fyodor Dostoevsky’s book ‘Crime and Punishment’, where he portrayed Raskolnikov as a man who thinks too high of himself and too little of everyone else. Moreover, his deep-seated aversion and disconnection of everyone around him, leads to his intentionally murdering the pawnbroker Ivanovna, and her half- sister, who happens to be in the way. To cover after his crime, Raskolnikov ended up spending his life misleading and deceiving everyone who is suspicious of him. And when he no longer can, he looked to be redeemed and where he arrived to confess. It is certain that Raskolnikov’s process of mora l degeneration and redemption is the result of his lack of caring and sensibility for his personal relations and social relations which the Ethics of Care argues that as human beings, the relations of care that we cultivate or fail to cultivate with family members, friends, neighbors, fellow citizens, and so on, are vital to our moral life. Virginia Held refers to Ruddick’s essay in the ethics of Care which states that ‘attending to the experience of women in a caring practice could change how we think about moralityShow MoreRelatedCrime and Punishment by Fyodor Dostoevsky1025 Words   |  4 PagesCrime and Punishment, written by Fyodor Mikhailovich Dostoevsky; is a philosophical crime fiction novel. The story is very powerful in that it goes beyond the book and into the lives of the audience; making the audience feel some type of relation between themselves and the story. Dostoevsky was brilliant in creating a fictional world where the characters seem to be found with in the audience, transitioning from a fictional story to a self-help book. He employes many life lessons in the story, whichRead MoreCrime and Punishment by Fyodor Dostoevsky881 Words   |  3 PagesThe Great Divide In Crime and Punishment, by Fyodor Dostoevsky, Raskolnikov faces a split in his con-science. Despite his attempts to achieve and maintain rational self interest, Raskolnikov finds it impossible to escape his own human nature. Throughout the course of the novel, Raskolnikov becomes divided between modernity and morality, and is continuously pulled back towards hu-man nature. From the start, Raskolnikov portrayed clearly that he was not like other people from his time. RaskolnikovRead MoreCrime And Punishment By Fyodor Dostoevsky1828 Words   |  8 PagesIxchel Gonzalez Period 3 Book Report December 14, 2015 Crime and Punishment I Crime and Punishment was written by Fyodor Dostoevsky. The book was published on 1866 in Russia but then published in English on 1917. The genre of the book is philosophical fiction. II The book Crime and Punishment takes place in St. Petersburg, Russia on 1866 to 1867. The setting is important to the story because it gives the story an unique identity. The setting helps start the storyRead MoreCrime And Punishment By Fyodor Dostoevsky1488 Words   |  6 PagesIn the novel Crime and Punishment by Fyodor Dostoevsky, many of the characters serve as microcosms to the larger story as a whole. The negative portrayal of certain characters suggests that the consequences of living a self-serving and egocentric life are unavoidable, and that they all must compensate for their wrongs. Conversely, the characterization of the more selfless and altruistic characters, suggests that a life filled with positive actions is the noblest lifestyle and will be reciprocatedRead MoreJustice In Crime And Punishment, By Fyodor Dostoevsky1262 Words   |  6 Pages Unanswered Questions In Crime and Punishment, Fyodor Dostoevsky discusses justice, questioning who or what determines this ideal. Primarily, he focuses on a man named Raskolnikov, who murders two women and then wrestles with his motives. As Raskolnikov’s hopeless outlook drives him to madness, his friend Sonia reveals an alternative view of justice, which allows for redemption. Through analyzing his character’s viewpoints, Dostoevsky never explicitly defines justice; instead, he exposes hisRead MoreCrime and Punishment by Fyodor Dostoevsky Essay1585 Words   |  7 PagesBefore the interactive oral, I noticed the numerous dreams and hallucinations in the novel Crime and Punishment, but I was not quite able to grasp the deeper meaning of some of the dreams and hallucinations. After this interactive oral, I see how important dreams are in this novel. They serve to illuminate the state of a character in a way that would not otherwise be clear. During this interactive oral, it was pointed out that the dreams in this novel are very influential to a character’s stateRead MoreFyodor Dostoevsky Crime And Punishment Analysis1214 Words   |  5 Pages Dostoevsky’s disapproval on the Superman theory In the novel â€Å"Crime and Punishment†, by Fyodor Dostoevsky, Dostoevsky expresses his disapproval of the Ubermensch theory by using his main character; Raskolnikov who tries to become an extraordinary person but fails to do so. Raskolnikov is put in a group where people maintain the idea that man is not actually equal but are divided into two separate groups which are; the ordinary people who are locked within the laws and tradition of society by onlyRead MoreDiction In Crime And Punishment, By Fyodor Dostoevsky806 Words   |  4 PagesIn the novel â€Å"Crime and Punishment†, the author, Fyodor Dostoevsky gives the reader a glimpse into the mind of a tormented criminal, by his guilt of a murder. Dostoevsky’s main focal point of the novel doesn’t lie within the crime nor the punishment but within the self-conflicting battle of a man and his guilty conscience. The author portrays tone by mood manipulation and with the use of descriptive diction to bett er express his perspective in the story, bringing the reader into the mind of the murdererRead MoreAnalysis Of Crime And Punishment By Fyodor Dostoevsky823 Words   |  4 PagesThroughout part one of Fyodor Dostoevsky’s book Crime and Punishment, Raskolnikov encounters events where he judges himself and other people based on perceived vulnerability, dictating whether and how he attempts to change the situations of other characters. At the beginning of the book, the narrator depicts Raskolnikov as an isolated person with no connection to the outside world. In two different scenarios, Raskolnikov observes vulnerable kids and a young teenager at risk for assault but remainsRead MoreCrime and Punishment by Fyodor Dostoevsky Essay896 Words   |  4 PagesIn Fyodor Dostoevskys Crime and Punishment, the theme of duality and the conflict between personal desires and morals is present throughout much of the novel. There are dual conflicts: one external between a disillusioned indi vidual and his world, and the other internal between an isolated soul and his inner thoughts. It is the internal conflict in the main character, Raskolnikov, that is the focused on for much of the novel. The first of Rodya’s two sides is his intellectual side. This side

Agriculture Industry in Australia Free-Samples-Myassignementhelp

Question: Discuss about the Reforms in Agriculture Industry in Australia. Answer: The Essence of the Story/ Introduction In todays more competitive era, agriculture industry is one of the most sophisticated as well as highly technical industries. Agriculture industry of a nation plays a major role in the economic growth and development of the nation. The industry is growing rapidly because of food and agriculture is essential to human endurance. Along with this, The Australian agriculture industry has been one of the most innovative and competent industries all around the world. The Australian agriculture industry is well known for its safe and high-quality products. Moreover, the agriculture industry plays a major role in the development of rural and regional areas of the nations. The agriculture sector or industry of Australia highly contributes in the economy of nation. In the year, 2009-2010, the estimated production of the industry is just about $40 billion. This thing shows the growth of the Agriculture industry within the nation. On the other hand, this research essay would be valuable to portra y the major reforms done within the industry. These reforms changed the structure of the industry. Moreover, this essay would also be beneficial to recommend some reforms that are needed for the future growth of the Australian agriculture industry. The Economic Analysis (Reforms in Agriculture Industry in Australia) The agriculture industry of Australia is rapidly growing industry. The governments of nation pay its attention on the growth and development of the agriculture industry. The main reason behind it is that, the agriculture industry contributes in the economic growth and GDP of the nation. It is an essential part of the Australian economy. The Australian agriculture industry contributes approximately 2.3% of GDP (Gray, Oss-Emer and Sheng, 2014). Along with this, the agriculture sector is the prime employer in rural as well as regional communities of Australia. Currently, approximately 400,000 people are engaged in the agriculture sector of Australia. Apart from this, it contributes in the annual GDP growth rate of the nation. The below graph is helpful to illustrate the contribution of the agriculture industry in the GDP growth of Australia: (Source: TRADING ECONOMICS. 2017) On the other hand, the growth of the Australian agriculture industry mainly depends on the reforms or changes that are made by the government of nation. The Common Agricultural Policy (CAP) is considered a major reform in this industry. Under this policy, the government increased the average size of Australian farms to enhance the productivity and profitability of nation (Harris and Rae, 2004). Along with this, with the help of this policy, farmers or producers become able to own their own farms. As a consequence, approximately, 95 percent farms are family-owned in Australia. They operate and manage the farms themselves. They do not spend too much money on the farms of others. Moreover, the family-owned farms increased the production level of farms. As a result, Australian has become the prime exporter of agricultural products in the world (Lockie, 2015). Therefore, it can be measured as a major reform in the Australian agriculture industry. In addition to this, the Australian government made the industry export-oriented. This is another big reform in the agriculture sector of Australia. Along with this, due to this reform, the industry was benefited at the time of deregulation. The industry remains a key contributor to export earnings of Australia. The export earning is an important contributor to the economic growth and development of nation. Moreover, this thing will enhance the dependency of other countries on the Australian market (Marsh MacAulay, 2002). Due to this dependency, the Australias farmers will get appropriate values of their products. The export-oriented structure of the industry improves the standards of living of Australias farmers within the nation. Moreover, the government of nation made reforms in the working environment of the industry. The farmers got a new market environment to improve their productivity and to compete in the market effectually. On the other hand, the reduction of subsidies is a major reform that has occurred within the industry. The Australia government reduced the subsidies by 95% only to reduce the dependency of people on the government of nation (Edwards, 2003). Moreover, with the help of this, the government wants to make the Australians framers more prosperous. This reform has reduced the inequalities in assistance those were responsible to encourage inadequacies in resource use across farms. The reform has significant impact on the economic and sustainable development of the nation. Along with this, the Australian agriculture industry has become supermarket to Asian countries. It is because of its offers high quality and fresh products to the people. Moreover, the use of the advanced technologies is a major reform done in the industry (Gray, Oss-Emer and Sheng, 2014). In this way, it can be assumed that, there are lots of reforms have done with the agriculture industry of the nation. These reforms con tributed into the agricultural productivity growth of Australia. Recommendation to the Key Players of Industry The Australian government is the key player of the Australian agriculture industry. The government should make some reforms for the future growth and development of the industry. First of all, the government should provide tax relaxation to the farmers. It is because of the farmers of nations get low prices of their products. The increased tax will reduce the productivity and standard of living of them. Moreover, the government should conduct training programs to teach more innovative ways of farming. The government should make effective assistance strategies for farmers; so, they can ask for the help if they needed. These changes would be helpful to improve the growth of the industry. Conclusion On the basis of the above analysis, it can be said that, the Australian agriculture industry is fast growing industry in the world. The industry is export oriented and it exports high quality products to other nations. Along with this, it is also observed that, the Australian government mainly emphasis on the agriculture sector to enhance the standard of living of the farmers. Moreover, it is also examined that, lots of revolutionary and dynamic reforms have done within the agriculture sector of Australia. These reforms contributed in the productivity growth of the Australian agriculture industry References Edwards, G. (2003). The story of deregulation in the dairy industry. Australian Journal of Agricultural and Resource Economics, 47(1), pp. 75-98. Gray, E., Oss-Emer, M. and Sheng, Y. (2014). Australian agricultural productivity growth. Research by the Australian Bureau of Agricultural and Resource Economics and Sciences, p.1-52. Harris, D. and Rae, A. (2004). Agricultural policy reform and industry adjustment in Australia and New Zealand. In IATRC symposium on Adjusting to Domestic and International Agricultural Policy Reform in Industrial Countries, June, Philadelphia. Lockie, S. (2015). Australias agricultural future: the social and political context. Report to SAF07 Australias Agricultural Future Project, Australian Council of Learned Academies, Melbourne. Available At: https://www.acola.org.au/PDF/SAF07/social%20and%20political%20context.pdf [Accessed On: 27th April 2017] Marsh, S. P., MacAulay, T. G. (2002). Land reform and the development of commercial agriculture in Vietnam: policy and issues. Agribusiness Review, 10(1), pp.1-20. TRADING ECONOMICS. (2017). Australia GDP from Agriculture. Available At: https://www.tradingeconomics.com/australia/gdp-from-agriculture [Accessed On: 27th April 2017]

Edvard Munchs The Scream Essay Example For Students

Edvard Munchs The Scream Essay Edvard Munchs The Scream was painted in the end of the 19th century, and is possibly the first Expressionist painting. The Scream was very different from the art of the time, when many artists tried to depict objective reality. Munch was a tortured soul, and it certainly showed in this painting. Most of his family had died, and he was often plagued by sickness. The Scream was not a reflection of what was going on at the time, but rather, Munchs own inner hell. It visualizes a desperate aspect of fin-de-siÃÆ' ¨cle: anxiety and apocalypse. The percussiveness of the motif shows that it also speaks to our day and age Whaley 75 . When Edvard Much was asked what had inspired him to do this painting, he replied, One evening I was walking along a path, the city on one side of me and the fjord below. I felt tired and ill. I stopped and looked out across the fjord. The sun was setting, the clouds were turning blood red. I felt a scream passing through nature. It seemed to me that I could hear the scream. I painted this picture; painted the clouds as real blood. The colors screamed Preble 52. Some people, when they look at this painting, only see a person screaming. They see the pretty blend of colors, but dont actually realize what they are looking at. A lone emaciated figure halts on a bridge clutching his ears, his eyes and mouth open wide in a scream of anguish. Behind him a couple his two friends are walking together in the opposite direction. Barely discernible in the swirling motion of a red-blood sunset and deep blue-black fjord, are tiny boats at sea, and the suggestion of town buildings Preble 53. This painting was definately the first of its kind, the first Expressionist painting. People say that a picture is worth a thousand words. If thats the case, then The Scream is worth a million. It has a message that no other painting of its time had. Edvard Munch was pouring out his soul onto the canvas. What we see here, is a glimpse of what Munch was really like inside. When we really look at the painting, we understand what the artist was feeling at the time, because it captures nothing but human emotion. It creates a similar mood in us for a brief moment. The man screaming in the picture seems to feel like hes going insane, and that the world is getting to be too much for him. The two people walking away from him possibly mean that the man feels left out of everything, or that he doesnt fit in with the rest of the world. Maybe he needs help, and his friends werent there for him. The piece of artwork speaks better than actual words to describe it, which makes it something spectacular. Long after Munch died, the painting remains, and people are still amazed with it. Why? Because art is all about  expressing raw human emotion, and this painting captures it perfectly. People are scared of things they dont understand or cannot relate to. Everyone can relate to what this piece expresses, and that is why its so popular.

Aspect Of Contract And Negligence For Business The WritePass Journal

Aspect Of Contract And Negligence For Business Abstract Aspect Of Contract And Negligence For Business ). The first legal element refers to the inclusion of an offer, which indicates one’s willingness to enter into a specific bargain. In this case, an offer is made by Phil, the Chief Executive Officer of Zulu Aviation Ltd. Another important legal element for the formation of a valid contract is associated with acceptance, which should indicate an agreement to the terms initially made. Phil’s offer of  £100,000 for reserving the Airbus 321 has been accepted by Joseph, EMA’s Managing Director. The third significant legal element showing the validity of the discussed contract is the availability of a legal purpose (Knapp et al., 2012). It is clear that the contract’s purpose is legal because it is based on the sale of a second-hand Airbus 321. Furthermore, mutuality of obligation presents a situation in which both parties ensure mutual understanding to the expression and form of their agreement. In other words, a common expectation is that the parties need to agree to the same thing, which is described in the same manner, and at the same time. These legal conditions have been met by both Phil and Joseph. Consideration indicates another essential element for the formation of a valid contract (Poole, 2012). Legal binding needs to be supported by valuable and realistic consideration. In the case study of EMA, Phil ensures his consideration by claiming that he will pay  £100,000 to EMA if the latter promises not to sell the Airbus 321 to another buyer for the period of five days. The importance of these components reflects in the validity and legality of the contract to be established, and if any of these conditions are non-present, it is virtually impossible to form a valid contract (Knapp et al., 2012). Impacts of Different Types of Contract   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   When discussing the specificity and implications of contract law, it is important to consider the impacts of different types of contract, such as bilateral and unilateral contracts, express and implied contracts, void and voidable contracts, and distance selling contracts (Hillman, 2004). Bilateral contracts are commonly used in daily life, as they represent an agreement between at least two individuals or groups. Unilateral contracts are associated with an action undertaken by one individual or group alone, as this type of contract allows only one individual to involve in making a specific promise or agreement (Elliott and Quinn, 2003). In express contracts, a promise is stated in a clear language, while in implied contracts, the focus is on presenting behaviours or actions which lead parties to believe that a certain agreement exists (Hillman, 2004). Void contracts are contracts that cannot be enforced by either party. According to law, void contracts are perceived as if they had never been established. The main aspect of void contracts refers to a situation where one of the parties performs in an illegal manner (Hillman, 2004). Therefore, void contracts cannot be conducted under the law. An example of void contracts can be found in Dickinson v Dodds [1876], where there is only an offer made and was intended to be an offer solely because it did not result in any legally binding agreement. There was no consideration ensured or promise and thus was judged non-binding. Although in the case of Shuey v US [1875] the revocation is prominent as the offer is, the type of offer is considered non-binding. On the other hand, voidable contracts are based on enforcement and hence they are valid (Elliott and Quinn, 2003). In general, only one of the parties is legally bound to such contracts. Yet, the unbound party has the right to cancel the contract and thus the contract automatically becomes void (Knapp et al., 2012). This implies that voidable contracts represent valid, legal agreements. Distance selling contracts refer to the main responsibility assumed under the law to protect consumers while they conduct shopping activities online. Such regulations also occur in situations where consumers enter into other contracts, as they are at a distance from the supplier (Hillman, 2004). Special protection is ensured to customers on the basis that they are unable to meet directly with the supplier and check the quality of goods and services that are offered for sale. Distance selling regulations have been enforced in the UK since 2000, but it is essential to note that they are inapplicable to contracts between businesses (Elliott and Quinn, 2003). The main legal effect of these regulations is that they enable consumers with the right to receive accurate and proper information about the supplier, including the products and services that are provided for sale. In addition, consumers tend to receive a written confirmation of such information, which makes the regulations credible . There is also a cancellation period of seven working days in which consumers have the right to withdraw from the contract. Individuals receive protection from different forms of fraud associated with the option of using payment cards (Knapp et al., 2012). Case Study of EMA In the case study of EMA, the focus is on determining whether the two parties have formed a valid, legal contract. As previously mentioned, the parties applied each of the essential legal elements for a valid contract, including offer, acceptance, legal purpose, mutuality of obligation, and valuable consideration. The terms of the contract between EMA and Zulu Aviation Ltd are clearly specified. However, it can be argued that the type of contract presented by the two parties is express considering that the promise for forming a legally binding agreement has been stated in a clear language verbally, via phone (Poole, 2012). Despite the precise form of the binding procedure, the validity of such express contract is apparent. There are strictly claimed promises on the behalf of both sides: the first party needs to pay a particular amount of money to guarantee the sale of the Airbus 321; the other needs to keep his promise not to sell the Airbus 321 to another buyer for the next five day s. It can be concluded that such initial conditions of forming a legal contract have been met (MacMillan and Stone, 2012). Simply put, there is an offer followed by an acceptance by EMA’s Managing Director. An example of the complex transaction that took place between EMA and Zulu Aviation Ltd can be found in the case of Byrne v. Van Tienhoven (1880), which presents relevant inferences on the issue of revocation with regards to the postal rule. In the case of EMA and Zulu Aviation Ltd, the phone rule (considering the phone conversation between Phil and Joseph) may not apply in revocation. In other words, while a phone conversation to arrange a contract may simply indicate a valid acceptance, it is most likely that the court will rule that it does not count as proper and valid revocation (MacMillan and Stone, 2012). Moreover, there is a stated legal purpose that legally binds both parties to form a valid agreement. They are focused on keeping their promise, which is an initial requirement for the establishment of a legal contract. It can be indicated that the objective of the contract between EMA and Zulu Aviation Ltd is to achieve a legal purpose. Thus, the condition of a creating a purpose for the existence of a binding contract has been applied in the case (Poole, 2012). The mutuality of obligation is also evident considering the motifs and promises ensured by both sides. There is a strong sense of mutual understanding on the behalf of each party regarding the expression and specificity of their agreement. In addition, there is an objective standard being applied in the case in terms of determining what the parties have precisely said in the process of forming their agreement (Knapp et al., 2012). The fact that the offer is clear and definite is indicative of both parties’ acceptance o f the terms outlined in the offer. There is a valuable consideration illustrated in the statement of Phil, who is ready to pay  £100,000 in case EMA’s Managing Director fulfils his promise. Therefore, this case study illustrates the application of an express contract law (MacMillan and Stone 2012). Implications regarding the Supply of Mobile Phones   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The only specified term in the contract between Key Services Enterprise (KSE) Ltd and Unique Mobile Solutions (UMS) Ltd is that of the provision of 500 mobile telephones, which are suitable for use in the UK. The court will classify these types of contractual terms as intermediate or innominate terms (Poole, 2012). The status of these terms is not clearly defined, as their significance lies between a condition and a warranty. Innominate terms were established in the case of HK Fir Shipping v Kawasaki Kisen Kaisha [1962], where the defendants chartered a ship for the duration of two years from the plaintiffs. In the agreement established between the two parties, there was a specific clause indicating that the ship was suitable for performing cargo service. Due to problems with the engine, 20 weeks of the charter were lost and thus the defendants were entitled to bring an action for damages for breach of contract on the grounds of the clause specified in the agreement (MacMillan and Stone, 2012). Under the circumstance that the use of the telephones supplied was illegal in the UK, and they could not be modified to make their use legal, the court will classify this term as misrepresentation or a false statement made by the mobile phone seller regarding the use of the products. As in the case of Gordon v Selico [1986], it is possible to make a misrepresentation by words or by conduct. However, it should be considered that representation is not a term. Moreover, the telephones supplied required tuning to particular frequencies, a task taking two minutes for each one. This aspect also indicates the presence of innominate terms (Knapp et al., 2012). However, under the circumstance in which the CEO of KSE signed the contract with UMS, there is no reference to any other document. In addition, KSE’s CEO accepted the receipt of the transaction without reading it, which represents a serious mistake that can be identified as negligence in lawful terms. The harm caused by the deci sion of KSE’s CEO to sign a contract with UMS is as a result of his carelessness. There is a failure to behave with the proper level of care required for the described circumstances (Poole, 2012). On the back of the receipt provided by UMS, the statement can be classified by the court as an exclusion clause because the provider of the mobile phones has directly excluded liability for contractual breach. In an attempt to analyse the exclusion clause as a term under the circumstance in which KSE’s CEO accepted the receipt without reading it, specific implications can be drawn. As a term in a contract, an exclusion clause indicates the purpose to limit or restrict the rights of the parties bound to the contract (Hillman, 2004). A true exclusion clause, as in the case of UMS, recognised a potential breach of contract, and then serves as an excuses liability for any potential breach. Therefore, it can be concluded that an exclusion clause was ‘incorporated’ into the contract with KSE. The effect of this term in the contract should be evaluated on the basis of incorporation (Elliott and Quinn, 2003). This means that UMS has actually incorporated an exclusion clause by signature (at the back of the receipt of the transaction provided to KSE). The fact that KSE’s CEO accepted the receipt and signed it means that the respective clause is considered part of the cont ract. Yet, the party representing the clause, UMS, has not taken any reasonable steps to bring it to the close attention of the second party in the contract (MacMillan and Stone, 2012). Applying the legal controls that the court would use in assessing the validity of the term in the contract should refer to principles of strict literal interpretation and contra proferentem (Hillman, 2004). In order an exclusion clause to operate, it needs to cover the breach with an assumption of a potential breach of contract. In case there is a breach of contract, the specific type of liability which is emerging is also relevant in the process of interpretation by the court. There is strict liability involved, which arises as a result of a state of affairs in which the party at breach is not necessarily identified as responsible for the fault (Smits, 2005). However, the court needs to consider the case of liability for negligence, or in other words, liability arising as a result of fault. A common tendency demonstrated by the court would be to require the party which relies on the clause to have drafted it adequately in order to result in a situation where that party is exempted f rom the liability arising (Cauffman, 2013). In the presence of ambiguity, as it might be in the case of KSE and UMS, the court would most probably apply the legal control of strict literal interpretation against the party which extensively relies on the exclusion clause in the contract. In the process of assessing the validity of the exclusion clause in the contract, the court may also apply the legal control of contra proferentem (MacMillan and Stone, 2012). In case ambiguity persists even after attempts have been made to construe an exclusion clause with regards to its natural meaning, the court may decide to apply a rule identified as contra proferentem. This term implies that the clause needs to be construed against the party in the contract that imposed its initial inclusion, respectively UMS. In the context of negligence, the court would most probably take the approach that a party would enter into a contract that permits the second party to evade fault based liability (Cauffman, 2013). Law of Tort Liability in Tort and Contractual Liability   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   While discussing certain implications of liability, contrasting liability in tort with contractual liability is important. All activities initiated by individuals as well as organisations are regulated by law. Tort law represents a branch of the civil law, and it should be considered that any dispute in civil law is usually between private parties (Horsey and Rackley, 2011). As indicated in the previous section, strict liability illustrates a solid legal doctrine according to which a party is held responsible for the damages resulting by his or her actions. Strict liability is also applicable to tort law especially in cases involving product liability lawsuits (Okrent, 2014). In the context of tort law, strict liability refers to the process of imposing liability on a party or individual without a particular finding of fault. In case fault is found, the court would determine a situation known as negligence or tortuous intent (Hodgson and Lewthwaite, 2012). As a result, the plaintiff would need to prove the occurrence of the tort and the implied responsibility of the defendant. The objective of strict liability is to discourage any forms of reckless behaviour as well as irrelevant product development and manufacturing. Therefore, liability in tort refers to the duty of care along with the negligence of that duty. On the other hand, contractual liability is associated with a situation in which two or more parties promise specific things to each other (Okrent, 2014). Liability in tort and contractual liability are similar in the point that they are both civil wrongs, and the individual wronged sues in the court in order to obtain compensation. However, the m ain difference is that in a claim related to liability in tort, the defendant may not have been involved in any previous relationship or transaction with the claimant. On the contrary, in a claim of contractual liability, the main condition that should be met is that the defendant and claimant should be the parties representing the contract (Hodgson and Lewthwaite, 2012). Case Study of King’s Restaurant   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In an attempt to analyse the situation described in the case study of King’s Restaurant, it appears that it should be considered on the basis of tort of negligence. The claimants in this case, Carlos and Janet, need to prove certain elements to the court so as to provide a valid proof of negligence and claim damages (Okrent, 2014). These elements refer to proving that the restaurant owed them a strict duty of care; the restaurant breached that particular duty of care; and Carlos and Janet suffered damage resulting from the breach. The notion of the duty of care was established in Donoghue v Stevenson [1932] in which the court enforced the decision that an individual may sue another person who caused them loss or damage even in the absence of contractual relationship. Yet, in the case of Carlos and Janet, it needs to be considered that even if the court proves negligence, the restaurant may have a defence that protects it from liabil ity, or decreases the precise amount of damages it is liable for (Horsey and Rackley, 2011). Hence, it can be argued that there is tortuous liability action against the restaurant. There is a breach of a statutory duty in King’s Restaurant case study, as the direct consequence was harming a person, which gives rise to tortuous liability for the restaurant towards Carlos and Janet under the legal doctrine of negligence (Christie et al., 1997). However, the victim should be identified in the class of individuals protected by the statute. Another important condition related to the success of the tort suit is that the injury should be of the specific type that the statute intended to prevent. Thus, the claimants need to prove their claim on specific balance of probabilities. It is also important for Carlos and Janet to show that the damage suffered is not quite remote from the breach (Horsey and Rackley, 2011). It should be assumed that a duty of care existed in this case because King’s Restaurant is identified as an award-winning and very expensive English restaur ant, which directly brings the conclusion that the services provided by the restaurant should be at a superior level. The standard of care should be determined through expert testimony and through the consideration of applicable, professional standards in the industry. The harm in the case is mostly physical, which makes it a sufficient claim for negligence. The problem in the case study can be resolved if Carlos and Janet definitely consider the option of claiming tortuous liability against the restaurant (Christie et al., 1997). Case Study of Angelina and Christian Auctioneers   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In this case, the legal principles of tort of professional negligence misstatement and vicarious liability can be applied. The tort of professional negligence misstatement refers to representing a fact, which is improperly and carelessly made. This claim is usually relied on by another party and results in their disadvantage (Hodgson and Lewthwaite, 2012). Vicarious liability presents a doctrine according to which an individual is responsible for the actions of another person because of a special relationship available between the parties, such as the one between an employer and an employee. Angelina has rights and remedies against Brad and Christian Auctioneers in connection with the incorrect advice given to her about the worth of the painting (Okrent, 2014). In the case, Angelina relies on the other party for their expertise, knowledge, and judgment. Moreover, the person who provided advice to Angelina, Brad, knew that the other party w as relying on him and his judgment about the painting. It can be also argued that it was reasonable for Angelina in the presented circumstances to rely on Brad and Christian Auctioneers. Brad on the behalf of his organisation, Christian Auctioneers, has given a negligence misstatement regarding the painting’s value. His judgment was personal rather than professionally based (Hodgson and Lewthwaite, 2012). Angelina’s rights against Brad and Christian Auctioneers are based on the premise of the special relationship established between her and this organisation. In the process of examining the special relationship concept, an example can be observed in the case of Shaddock Associates PTY Ltd v Parramatta City Council [1981], in which a solicitor acting on behalf of Shaddock established contact with the Parramatta City Council to seek advice regarding the potential impact on a property as a result of road widening proposals (Okrent, 2014). The council employees gave the solicitor a negligent misstatement, and as a result, Shaddock purchased the property and significant losses have been suffered. When applying the law in the case of Angelina, duty of care should be established in order to claim for negligence. It is important to consider the question of whether it was reasonably foreseeable that the actions of Brad and Christian Auctioneers would cause harm or loss to Angelina. Fur thermore, it is essential to establish the presence of a physical or factual link between Angelina and Brad and Christian Auctioneers. It can be deduced that their relationship was physical considering that Angelina approached the company to give her a valuation of some antique furniture present at her flat (Christie et al., 1997). The court would also need to determine the vulnerability of the plaintiff, and it can be indicated that the vulnerability to Angelina was high because she was relying on Brad and Christian Auctioneers for their professional advice in order to make a sound decision (Horsey and Rackley, 2011). The court would need to consider the actual damages caused. Considering that Angelina sold a valuable painting of Rembrandt for only  £100 is indicative of the losses she suffered due to the incorrect advice given to her. Moreover, the principle of vicarious liability could also refer to this case (Horsey and Rackley, 2011). Vicarious liability is applicable because liability is attributed to Christian Auctioneers that has a responsibility for its employee, Brad, who negligently causes a loss to Angelina because of the incorrect advice provided to her. In other words, the employer is responsible for the actions of the employee. Therefore, this form of strict liability can be imposed on Christian Auctioneers due to the negligent conduct of its employees in the case of Angelina (Okrent, 2014). Possible Defences Available to Christian Auctioneers   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There could be possible defences available to Christian Auctioneers. Such defences are mainly based on the assumption whether there is a contractual relationship between the parties (Okrent, 2014). An example of this aspect can be found in the case of Henderson v Merrett Syndicates Ltd [1994], emphasising a statement of responsibility by an individual providing professional services along with reliance by the individual for whom the services were provided. Therefore, in the case of Angelina, it can be deduced that there was no special, contractual relationship between the parties (Christie et al., 1997). Angelina sought a free valuation, which may imply that there would not be liability for such type of information. Conclusion   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This paper discussed essential aspects of contract law and tort law. The first part of the paper focused on describing the elements comprising a valid, legal contract along with differentiating the effects of common contracts (MacMillan and Stone, 2012). Details from two case studies were provided, namely from East Midlands Airways Airbus case and the case involving the supply of mobile phones. Important issues pertaining to contract law were discussed with the application of relevant law. The second part of the paper emphasised important principles of tort law by differentiating liability in tort and contractual liability. Negligence liability was discussed with regards to the case study of King’s Restaurant. Specific details about tort of professional negligence misstatement and vicarious liability were provided in the case study of Angelina and Christian Auctioneers (Okrent, 2014). In conclusion, legal and business practitioners need to stay informed about valid and applicable law principles with regards to contract and negligence in order to adhere to professional standards of conducting appropriate business practices. References Byrne v Van Tienhoven [1980] CPD 344 Cauffman, C. (2013). ‘The Principle of Proportionality and European Contract Law’. Maastricht Faculty of Law Working Paper. Working Paper No. 2013-05. Christie, G. C., Meeks, J. E., Pryor, E. S., and Sanders, J. (1997). Cases and Materials on the Law of Torts. St. Paul, MN: West. Dickinson v Dodds [1876] Ch. D. 463 Donoghue v Stevenson [1932] UKHL 100 Elliott, C. and Quinn, F. (2003). Contract Law. London: Longman. Gordon v Selico [1986] HLR 219 Henderson v Merrett Syndicates Ltd [1994] UKHL 5 Hillman, R. A. (2004). Principles of Contract Law. St. Paul, MN: West. HK Fir Shipping v Kawasaki Kisen Kaisha [1962] EWCA 7 Hodgson, J. and Lewthwaite, J. (2012). Tort Law Textbook. Oxford: Oxford University Press. Horsey, K. and Rackley, E. (2011). Tort Law. Oxford: Oxford University Press. Knapp, C. L., Crystal, N. M., and Prince, H. G. (2012). Problems in Contract Law: Cases and Materials. New York: Wolters Kluwer Law Business. MacMillan, C. and Stone, R. (2012). Elements of the Law of Contract. London: Stewart House. Okrent, C. (2014). Torts and Personal Injury Law. New York: Cengage Learning. Poole, J. (2012). Casebook on Contract Law. Oxford: Oxford University Press. Shaddock Associates PTY Ltd v Parramatta City Council [1981] HCA 59 Shuey v US [1875] 92 US 73 Smits, J. M. (2005). ‘The Principles of European Contract Law and the Harmonization of Private Law in Europe’. Maastricht University Faculty of Law, pp. 567-590.

Essay about Account on Mandelbaum

Essay about Account on Mandelbaum Essay about Account on Mandelbaum Zacharia Fouda Professor Harris RWS 100 9/25/12 Account to Mandelbaum Every country in the world experiences a way of expressing their physical activities in sports. Most commonly in the world, football (soccer) is generally the religion of many. This is not the case in America. The Americans are more focused on the sports they have invented, such as American football, basketball, and baseball. In the first chapter of his book, â€Å"A Variety of Religious Experiences† in â€Å"The Meaning of Sports,† Mandelbaum explains to you what these sports are like in America and how these sports affect the people as a general populace. Mandelbaum uses rhetorical tools such as ethos, pathos, and logos to enhance how well he delivers his points. In this essay, I will talk about how his rhetorical tools affect his arguments. Mandelbaum’s argument is more focused on presenting the information in a way to educate you. Most of what he says in the passage is generally researched information that you have to take his word for. I could have gone and searched them myself on Google, but Mandelbaum comes off as a guy that knows what he’s talking about, and it’s not like he made research to write these facts, it’s as if he just knows it off of the top of his head. â€Å"The industrial revolution brought to the United States and to the world modern methods of transportation, and on these, too, the emergence of team sports depended,† (Mandelbaum, 40) you can’t help but think that he lived through this and he realized what was going on. Americans adore sports and it’s something they take to the grave. It is a very logical point that it is a form of escapism, and returning to the blissful, childhood past that is when you played sports as a child as an implied insight on the subject. The rest is to be taken based off of Mandelbaum’s heavy reliance on his ethos here. According to Mandelbaum, nowadays, sports help with one of the most primitive needs as a human, the spiritual needs and the needs of the psyche. (42) The information is set up as a â€Å"take it or leave it† sort of situation for the reader, it is up to the reader to decide if his ethos is sufficient to believe his claims. Mandelbaum connects baseball, football, and basketball as a way to one’s past as a form of pathos. In my opinion, this is a phenominal explanation but the pathos isn’t exactly obvious since one must delve into what he actually meant. When humans are children, a huge part of their life is to play a sport. They will most likely join a team and carry it with them for the rest of their lives and that will always be the sport that they played. When that child, as an adult starts to play that game again, they will reminisce about the times they p layed the sport as a child. They will remember that baseball championship final and when he stood there with his bat, his heart beating and the way he got 3 strikes out and blew the game. Generally, it could have gone as a success or a disaster and either way he’s going to remember it because he is playing baseball. Mandelbaum states that â€Å"the word sport is related to â€Å"disport†- to divert oneself. Baseball, football, and basketball divert spectators from the burdens of normal existence,† (41) this supports his argument tremendously since it solidifies the effect of his pathos argument. He describes it as a religious experience, as if people take a mental pilgrimage into their soul. Since most of this piece of writing is focusing on logos to argue more, I think this is as pathos as it’s going to get. This is the one argument that can appeal to one’s emotion. It isn’t a bad one since anyone that plays sports can relate to it. As for the more sophisticated people, he relates this to the Odyssey with the team being the protagonist, facing many challenges to achieve a goal, and getting through those challenges (41) cause you to reminisce on how you did it. Most of the rest of his arguments are more realistic. He states that the feats you see in a

Confucian Moral Theory and Practice Essay Example | Topics and Well Written Essays - 2000 words

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