Wednesday, October 30, 2019
MARKETING Essay Example | Topics and Well Written Essays - 1000 words
MARKETING - Essay Example Discussion Political: there are heavy regulations that have to be followed in order to contribute the operations. These regulations could be in relation to pensions and the change equal opportunities to employees regarding the age of cabin crew and pilots. Compliance to Political regulations would be needed in order to function. These regulations monitor the expansion of businesses operations and its impacts. Political factors also encompass the increased security due to the international security conditions. The terrorist attacks of the past have an impact over the way Airlines functions. British airways would need to have more security in order to comply with the political safety measures and to ensure customer satisfaction. Economical: there is a global economic crisis and most countries of the world are going through recession in the economy. This economic crisis can lead to reduction in sales. When expanding the business, this could be a consideration as during recession it is m ost feasible for companies to try and cut costs to keep up with the declining economy. Moreover, due to the condition of the economy, many people may be switching to cheaper modes of travel. When there is economic downfall, the currency rates are affected. Pound weaken especially against the euro, this decline in the exchange rates makes UK airlines vulnerable. There is a rise in the oil prices due to the middle ease unrest, these fluctuation in the price of oil and petrol affect the exchange rates and consequently the cost base of British Airways. Also, as fuel prices increase, the costs rise and this makes it hard to deliver competitive advantage. Moreover, there has been a considerable decline in the spending of average UK population. This makes the airlines vulnerable to competition. (Milmo, 2011) Social: According to the national statistics, the UK has an aging population, this is an advantage for British Airways as the older generation seems to indulge more in leisure activiti es and has more time to travel. The unemployment rate is increasing in the UK which means that there is more workers supply than the demand. This increase in the rate of unemployment gives the company bargaining power over the employees. Technological: with the passage of time and the advancement of information technology, the use of internet for buying and selling has been on a constant rise. Online presence is necessary for every business especially airlines and travel agencies. Recent studies reveal that there would be an increase in the use of price comparison sites by the consumers which means that the bargaining power of the consumer would increase as they would be comparing the prices of the airlines and competition would also increase. The internet usage and purchases have increased online bookings and ticket reservations. The trend of purchasing airline tickets over the internet has become widespread. With these trends it is imperative for British Airways to expand its virt ual presence and keep up tp date with the advancements in technology, whilst maintaining a physical presence for the consumers that do not use the internet. As majority of the consumers are now moving to buying tickets over the internet, due to this change, market research could be conducted through email questionnaires and online reviews. With concise and straightforward questionnaires, a sample from the target market can be analyzed. Surveys can also be conducted thro
Monday, October 28, 2019
Element of Drama Essay Example for Free
Element of Drama Essay Accordingly, elements of drama consist of literary, technical and performance elements. In Hamlet, it can be said that the elements of drama for each category are quite obvious. The first element to consider is the characters. It can be said that most dramas composes of the major and minor characters and in line with Hamlet, The major characters include Hamlet and Claudius and the minor include Marcellus which serves a specific purpose of informing the lead character of the appearance of the his father’s ghost. There is also protagonist antagonist and in the case of Hamlet, the protagonist is Hamlet and the antagonist. Another type of character is the stereotype and the role of Hamlet also shows how such s stereotype has been modified. The theme of Hamlet is commonly stated as the failure’s of the youth of poetic temperament to adjust with different situations which demand action. The plot lies on the struggles of Hamlet and how she cope or not cope with the situation that challenges her. It can be said that Hamlet has been able to achieve artistic maturity through the opposing struggles of the people in the drama the moral integrity that it implies with the audiences. In terms of technical side, it can be said that drama plays have been able to produce a sense of hatred and revenge to the audience with how they perform the drama. For instance, the settings show a heavy feeling in the part of Hamlet because of the death of his father. The musical scores alike provide revengeful music as they try to make the people feel the tension among characters. The actors and actresses of the play has been very effective in making the audience feels the wrath of Hamlet because of what happened to his father (Bradley, 51). It can be said that Hamlet was written with poetic diction that uses eloquent words as well as phrases and the performance have shown in their actions how this drama has been able to create and keep tensions and suspense throughout the play. All in all, it can be said that this drama has been able to use different elements integrated to establish a tragedy. Reference Bradley, A. C. Shakespearean Tragedy: Lectures on Hamlet, Othello, King Lear Macbeth. New York: Penguin, 1991.
Saturday, October 26, 2019
Traditional African Music Essays -- Musical Traditions Essays Papers
Traditional African Music An attempt to pin down a single meaning for the word 'traditional,' presents a problem in many ways. The implications of the word are many, and are tied to various connotations. Some people, Westerners in particular, may actually shun the 'traditional,' as they feel that it implies a resistance to modernity. This view is incorrect, and there exists an ethnocentric double standard when Westerners consider their tradition versus African tradition. Others focus on 'tradition' as that which has always been done, for whatever reason, and that it must be continued to maintain the community, a universal balance, a relationship with the gods, or some other goal. Africa and its people have experienced many hardships over the course of history, from colonization to current attempts at development. Oppression, forced enslavement or other forms of brutality have been constant threats. These dangers have helped create a stronger African identity in many senses. Difficult times bring out in human s a desire to cling to that which is known and familiar, as everything else seems to spiral out of control. As many slaves journeyed across the Middle Passage, for example, they disregarded language and ethnic barriers, and collaborated to make music as an escape from the horrors of their circumstances, in order to create a tie to the homeland. Groups such as the Tumbuka and Dagbamba have also done this. They have managed to retain a strong identity, partially due to the continued use of musical practices; paradoxically, this has tied them to ancestral practices, but also made the transition to modernity easier. In dealing with societies where that which is modern is completely foreign and different from customary, holdin... ... Instead, it is multifaceted and complex. Contrary to what many believe, the retention of traditional practices and a transition to a modern state are not mutually exclusive. The role that tradition and customary behavior and practice play in society depends heavily on the situation and the individual reckoning of the importance of maintaining traditional musical practices, the value placed on time and its rationing, and the possible symbiotic relationship between the modern and the traditional. The analysis of how these three seemingly unrelated concepts interact with each other forms a basis for understanding the extent to which ?traditional? musical elements will be accepted or rejected by a particular society. ?Tradition? does not entail backwardness or inability to react to changes, but rather a continued respect for those who came before and their way of life.
Thursday, October 24, 2019
Police Corruption Essay
Corruption is a complex problem having its roots and ramifications in society as a whole. Corruption is defined as â€Å"improper or selfish exercise of power and influence attached to a public office or to a special position one occupies in public life†Definition of corruption is sufficiently broad to include a range of such activities: â€Å"A public official is corrupt if he accepts money or money’s worth for doing something he is under a duty to do anyway, that he is under a duty not to do, or to exercise a legitimate discretion for improper reasons.†[McMullan (1961: 183-4)]  Punch (1985) broadens this definition in two ways. He defines corruption as occurring: â€Å"When an official receives or is promised significant advantage or reward (personal, group or organizational) for doing something that he is under a duty to do anyway, that he is under a duty not to do, for exercising a legitimate discretion for improper reasons, and for employing illegal means to achieve approved goals.†Punch has broaden the definition in the way that corruption is not always individual it can be in group or organizational and sometimes it also involves illegal means to achieve the goals.  Corruption in one form or other has always existed in the country. The Bofors, HDW Submarine deal, Airbus deal, ABB Loco deal, Jain Hawala Racket, Sugar scam, Security scam, Urea scam, Fodder scam, etc., are a few example of corruption in various departments. The tentacles of corruption have spread to the system of governance –from civil-political-military. Thus no institution can claim itself to be free from corruption. It has now become the part of life and is a problem that has and will continue to affect us all, whether we are civilians or law enforcement officers.  Unlike the other executive wings of the government, the police,   which have maximum visibility in the society, are a pet theme for such corruption. In police, corruption is usually viewed as the misuse of authority by a police officer while in duty to fulfil personal needs or wants. Few facts about police corruption: It is: Pervasive – corrupt practices are found in some form in a great many police agencies in all societies; A continuing problem – there is evidence of corrupt practices from all stages of police history; Not simply a problem of the lower ranks – corruption has been found at all levels of the police organization; Not simply financial: activities (including ‘process’ activities) extending beyond bribery and extortion have been found. For a corrupt act to occur, three distinct elements of police corruption must be present simultaneously:  1) Misuse of authority,  2) Misuse of official capacity  3) Misuse of personal attainment. (Dantzker, 1995: p 157) It can be said that power inevitably tends to corrupt, and it is yet to be recognized that, while there is no reason to suppose that policemen as individuals are any less fallible than other members of society, people are often shocked and outraged when policemen are exposed violating the law. General police deviance can include brutality, discrimination, sexual harassment, intimidation, and illicit use of weapons. Police corruption is a universal problem that has its regime in many countries and is a recurring issue that cannot simply be away by repressive measures. Police officers are the state made flesh and plays a role of law enforcers, problem solvers and the most direct representatives of the state. They give their visible, uniformed, 24-hour presence on the streets and their crucial involvement in social intervention and law enforcement. If they are corrupt, then the citizens will lose their confidence in them. Police corruption is not an individual aberration it can takes place from patrol to chief and can be generated by the organization itself. Corruption within police departments falls into 2 basic categories, which are external corruption and internal corruption. External corruption: It involves the relation of police with the public and can involve one or more of the following activities: Payoffs to police: By essentially non-criminal elements who fail to comply with stringent statutes or city ordinances; (for example, individuals who repeatedly violate traffic laws). By individuals who continually violate the law as a method of making money (for example, prostitutes, narcotics addicts and pushers, & professional burglars). 2) â€Å"Clean Graft†where money or courtesy discounts or gratitude is paid to police for services. Internal corruption: It is the relationship between various officers within the police department. Police corruption comes in various shapes and sizes from the major drug trafficking and money laundering to looking the other way on minor everyday violations of the law. The typology of police corruption given by Roebuck and Barker (1974) has eight categories, to which Punch (1985) has added a ninth one (Table I). TABLE I Types and dimensions of police corruption. Types                        Dimensions 1.       Corruption of authority           2. ‘Kickbacks’                                 3. Opportunistic theft              4. ‘Shakedowns’         5. Protection of illegal activities          6. ‘The fix’          7. Direct criminal activities         8. Internal payoffs       9. ‘Flaking’ or ‘padding’                      When officers receive some form of material gain by virtue of their position without violating the law per se (e.g. free drinks, meals, services)  Receipt of goods, services or money for referring business to particular individuals or companies  Stealing from arrestees (‘rolling’), from traffic accident victims, crime victims and the bodies or property of dead citizens  Acceptance of a bribe for not following through a criminal violation – not making an arrest, filing a complaint or impounding property  Police protection of those engaged in illegal activities (prostitution, drugs, pornography) enabling the business to continue to operate  Undermining of criminal investigations or proceedings, or the ‘losing’ of traffic tickets  A police officer commits a crime against person or property for personal gain ‘in clear violation’ of both departmental norms and criminal law  Prerogatives available to police officers (holidays, shift allocations, promotion) are bought, bartered and sold Planting of or adding to evidence (particularly but not exclusively in drugs cases; Punch 1985)   Causes of the police corruption: To find out the causes of police corruption one has to focus on the nature and the kind of police work. One of the old explanation suggests that corruption is the product of â€Å"Bad Apple†i.e. corruption is due to few number of police officers who are quite unrepresentative of the wider standards exhibited by the organization. Factors of police corruption: Constant factors Variable factors Constant factors include the following: Discretion: The exercise of discretion is argued to have both legitimate and illegitimate bases. Low managerial visibility A police officer’s actions are often low in visibility as far as line management is concerned. Low public visibility Much of what police officers do is not witnessed by members of the public. Peer group secrecy ‘Police culture’ is characterized by a high degree of internal solidarity and secrecy. Managerial secrecy Police managers have generally worked themselves up from the ‘beat’ and share many of the values held by those they manage. Status problems Police officers are sometimes said to be poorly paid relative to their powers. Association with lawbreakers: Police officers inevitably come into contact with a wide variety of people who have an interest in police not doing what they have a duty to do. Variable factors Community structure: Refers to the degree of ‘anomie’, the political ‘ethos’, and the extent of culture conflict. Organizational characteristics: Levels of bureaucracy, integrity of leadership, solidarity of work subcultures, moral career stages of police officers, and the perception of legitimate opportunities. Legal opportunities for corruption: Moral: so-called ‘victimless crimes’ (Schur, 1965) associated with the policing of ‘vice’. Regulative: the exploitation of minor or trivial regulations such as those associated with construction, traffic and licensing. Corruption controls: How the guardians are themselves ‘guarded’. Social organization of corruption: Two basic forms: ‘arrangements’ and ‘events’. ‘Moral cynicism’: Association with lawbreakers and contact with temptation is inevitable in police work, inclining officers towards moral cynicism. Corruption control and Prevention: Basically controlling corruption is the only way that we can really limit corruption, because corruption is the by-product of the individual police officer, societal views, and, police environmental factors. Therefore control must come from not only the police department, but also must require the assistance and support of the community members. Controlling corruption from the departmental level requires a strong leadership organization, because corruption can take place anywhere from the patrol officer to the chief. Various strategies can be followed to control corruption viz., : Human resource management: It includes amendment of the existing system, training and implementation of new procedures.  Anti-corruption policies: Includes policies that would codify the standards of behavior of staff and outline the general parameters of the organization’s response to the problem. Internal controls: Emphasizes on detection and punishment of the wrong doings. External environment and external controls: Involves the attempt to encourage the public to be more vigilant and more willing to report suspicions of corruption. Although the police department have to solve the problem of corruption on their own still some support and assistance from local community is required. Public should be given knowledge regarding the negative effects of corruption on their police agency. They should be taught even ‘gratitude’ i.e. the most basic and common form of police corruption acts as a catalyst for more and future corruption. Earlier we use to think that corruption is a temporary, exceptional ‘problem’ which can be removed by ‘surgical’ treatment, as if it was a malignant cancer, to restore an otherwise healthy agency (the ‘bad apple’ metaphor), but now things have shifted to see corruption as  universal and as forming a permanent concern. All measures to control corruption have to take place in presence of sound leadership, sufficient resources and a battery of measures that should all be reinforcing the same mission and message. Thus it is the healthy leadership which is important and a focus on front-line supervision over the essential primary processes at the base of the organization is required. The police organization deals with people in trouble and people who cause trouble thus its cutting-edge is formed by uniformed officers and detectives in situations of low visibility. There has to be a persistent, patient emphasis on integrity and professional standards and on pushing the message that a corrupt policeman is a criminal, that he or she lets down colleagues and the profession, and that ‘noble-cause’ corruption is self-defeating. This is because, when it is exposed, it makes it more difficult to secure convictions and makes police methods suspect (Rose 1996). Vigilance and realism must be the watchwords of the police administrator seeking to control corruption. The emphasis, then, is on pride, professionalism, standards of competence and performance, legitimacy and of gaining and retaining confidence. Conclusion: To curb the widespread social evil, called corruption the efforts will have to come from both the police and the civil society. Society members should be educated about the negative effects of corruption within the police force and its long term disadvantages. For controlling corruption the police department requires an organization lead by people of strong character and who have good leadership qualities. The departmental goal should be well defined and should be pursued earnestly. According to today’s situation there is more urgent need to address basic issues like improving the working conditions of the police persons, inhumanly long working hours, the inadequate police-population ratio, a pay structure which is not proportional to the work allocated and, the disproportionately low budget for meeting the day to day expenses. All these are some major factors which are responsible for contributing to the image of the Police Force as insensitive and a corrupt organization. As long as citizens are willing to go along with corrupt police officers, just for the reason to obtain favors, there is no way in which corruption can be curbed . Some effective steps should be taken to make the picture cleaner and corruption free for the future generation. Thus one should not perceive corruption and other forms of police misconducts as individual aberrations of an incidental character that can be effectively banished by temporary, repressive measures. Reform of the police is the part of the reform of the society. It is important to focus on corruption control and to open our eyes to other insidious forms of police misconduct and even serious police crime. References: Punch Maurice (2000), Police Corruption And Its Prevention: European Journal on Criminal Policy and Research 8: 301–324. Newburn Tim, Understanding and Preventing Police Corruption:Lessons from the Literature; Research, Development and Statistics Directorate 50 Queen Anne’s Gate London SW1H 9AT. Bracey, D. H. (1992) ‘Police corruption and community relations: Community policing’ in Police Studis Vol 15 No 4, 179-183. Sayed, T. and Bruce, D. (1998a) ‘Police corruption: Towards a working definition’ in African Security Review Vol 7 No 1, 3-14. Thomas KV (2004), Corruption in Indian Police. Holloway Brandon(2002),Police Corruption (2002, November). Police brutality, the copcrimes homepage for law enforcement and government corruption. Available: http://www.copcrimes.com/homepage.html Â
Wednesday, October 23, 2019
A Good Man Is Hard to Find – Summary
A Good Man Is Hard to Find- my Initial reaction to this story was Intrigue. I was hooked from the first paragraph because I could foresee some sort of disaster or problem arising. I thought the story did not fail to entertain me. I really enjoyed reading the story and am interested in reading more stories from this author. Good Country People- I found Good Country People a little harder to follow and I kept losing interest in this story. I liked the previous story A Good Man is Hard to Find because it as intriguing.I think there may have been too much about religion In this story so It lost my Interest. (2) Is the story primarily escape or interpretive? Good Man is Hard to Find-this story is both escape and interpretive. I loved how the story took me to this era and I felt as if I were there to witness the family's run in with the misfit. On the other hand, it is interpretive because there was foreshadowing and symbolism in the story. Good Country People-this story Is more Interpreti ve because as a reader, I was spending ore time Interpreting what was going on as opposed to getting lost In the story and enjoying it. 3) What does the title mean? Are there any double meanings? A Good Man is Hard to Find- This title was tricky for me because before I read the story, I thought it was going to be about a woman who was down on her luck and unlucky with love. I thought I would be able to relate to the story but found the story to be a lot different than I thought. I still am unsure of what the title means and look forward to reading the responses of my classmates to see what their interpretation of the title means. 4) Summarize the plot in 4 or 5 sentences hitting on the following points: a.What happened in the beginning? A grandmother, her son, daughter-in-law, and grandchildren go on a trip even though most of the family members are reluctant to go on the trip. B. What was the rolling action? A cat causes the family to get In an accident In their vehicle while on th eir trip. C. Climax? They run Into a misfit and his friend who are escapees. The misfit talks to the grandmother while her family members are being shot to death. D. Falling action? The grandmother tries to talk the sift out of killing her and calls him her son. . Conclusion? The misfit kills the grandmother at the end of the story. (5) When/Where Is the story set? What clues led you to that conclusion? The story Is set in the South during the early 1 sass. I think this is the setting of the story because of the way the story is written and the way the grandmother talks about the plantations. 6) What Is the nature of the conflict? The conflict occurs from the beginning when the family heads off for their trip. Antagonists at one point or another. (8) How would you classify these characters? Mound or flat) (developing or static) The grandchildren seem to be flat but the grandmother is static. (9) Are symbols used in the story? Symbols used in the story are the misfit, the detour the grandmother wants to take, the grandmothers hat, and the cat that causes the accident. (10) What is the theme? How do you know? I am not religious but I would assume the theme has to deal with religion and God. Now for the story specific questions: â€Å"A Good Man is Hard to Find†(1) What is the significance of the misfit? The misfit represents a good man gone bad.He was once a good man but something happened in his life to make him a hardened criminal. (2) What does the grandmother consider a â€Å"good man†? Does she think Bailey is a good man? The grandmother thinks a man is a good man if his values are the same as hers. I think she believes he is a good man because when she talks to him, he seems like his values are the same and then he shoots her and proves her wrong. (3) Why is the ending of this story significant? The ending is significant because it gives the reader insight into what the title of the short story means
Tuesday, October 22, 2019
Enzymes1 essays
Enzymes1 essays An enzyme is a catalyst, which is a chemical agent that changes the rate of a reaction without being consumed by the reaction. The reactant that an enzyme acts on is called its substrate. While the enzyme is bound to the substrate, the catalytic action converts the substrate to the product. Because of its shape, each enzyme catalyzes a specific reaction (molecular recognition). Only a certain region of the enzyme molecule actually binds to the substrate. This area is called the active site and is usually a groove on the surface of the enzyme. The shape of the active site and the shape of the substrate fits accordantly. When the substrate enters the active site, it induces the enzyme -in a process called induced fit- to change its shape to fit tightly around the substrate. The induced fit is very important during the catalytic cycle when the substrate enters the active site to form an enzyme-substrate complex. The enzymes emerge from the reaction, however, in their original f orm and are ready to function over and over again. When a reaction rearranges the atoms of molecules, the bonds in the reactants must be broken and the new bonds in the products must be formed. This requires energy. The energy required to break the bonds in the reactant molecules is known as the activation energy. The bonds only break when the molecule has absorbed enough energy (usually in the form of heat) to become unstable. Heat speeds up a reaction, but the high temperature kills cells; therefore, organisms must instead use a catalyst. Enzymes (mostly proteins) are biological catalysts. Enzymes speed up reactions by lowering the barrier of activation energy, so that the transition state is within reach at regular temperatures. A transition state occurs when reactants are in an unstable condition and are ready for the reaction to take place. An enzyme cannot changes the free energy of the reaction or the spontantinuity of the reaction. It can ...
Monday, October 21, 2019
Reaction Paper on Global Warming Essay Example
Reaction Paper on Global Warming Essay Example Reaction Paper on Global Warming Paper Reaction Paper on Global Warming Paper It makes one wonder though how many of these canvass-toting individuals know how many years does Our planet has left before it reaches an environmental tipping point or in what year was the hottest earth temperature recorded. Admit that I am one of those individuals who proclaimed and believed that I am a friend of the earth. After all, I try to conserve water as much as can and segregate garbage whenever I have the chance. But like many individuals out there, I was ignorant about the real issue concerning our environment, that is until have seen the documentary An Inconvenient Truth. Directed by Davis Guggenheim and featuring former United States vice president AY Gore, the documentary zeros in on the subject of global warming and how it is affecting and will affect the planet Earth. The Effectiveness of AY Gore Technical and cinematic achievements aside, I believe the best contribution of this film is that it has made the issue of global warming accessible to ordinary individuals. Gore plays the role of environmental spokesperson well. He provides a believable and authoritative personality to the documentary and to the issues it is trying to expose. Much of the popularity that the film has enjoyed it owes to Gores ability to act as an expert and a fellow observer at the same time. When this film was released, not a few have surmised that it is nothing but a gimmick to catapult AY Gore back into the White House. After watching the film though, many of Gores detractors have been transformed into followers. The fact that there is now a different person in the Palace is a vindication for Gore and a proof of his sincerity and lack of political agenda. The strongest point of Gore lies in his ability to convey urgency while at the same time maintaining a hopeful attitude and optimistic outlook which is not an easy feat to achieve when you are talking about the current State Of the environment. The Message of the Film The message of this film is very clear: that global warming is real and we must do something about it or we will suffer the scones ounces. According to Gore, the planet has about ten more years before it reaches a tipping point at which instance there would be little that we can do already. The best part about Gores message is that they are presented not without scientific evidence and proofs. The following scientific phenomena and materials are seed to support the films main thesis: ; before and after photographs of melting ice glaciers; ; temperature records from the sass that show that the ten hottest years have occurred in the last three decades; ; the Keeling curve which measures the rising level of CO; a study that shows that carbon dioxide concentrations are higher now than at any point in history. The presentation of these pieces of evidence are essential to lending veracity to the films core message. Without them, AY Gore would simply appear as a preacher pointing to some distant doomsday. Visually Engaging One of the first things that you will realize while watching An Inconvenient Truth is how engaging and enjoyable the experience is and this is largely because of the visuals that were used in the film. From the opening scene, when we were shown the now famous photograph of the earth taken by the first Americans who went to space , the audience were being foretold that the film is going to be one visual treat. Throughout the film, beautiful and terrible images were precisely interwoven to help achieve the films goal of sending out the dual message of making people realize how beautiful our planet is ND making us see the extent Of the destruction that has already been done. Not a few individuals were turned off when they learned that this film is a documentary. But if only these individuals gave the film a chance then they would have been amazed at the fact that it is one such visual achievement. Documentaries especially those that deal with subjects relating to the environment have a reputation of being boring and uninteresting. The An Inconvenient Truth may just change peoples impression about environmental films and even documentaries as a whole with its engaging style and arresting elements. Conclusion An Inconvenient Truth is a film that should be seen by anyone who cares for the environment and for the future of humanity and our planet.
Sunday, October 20, 2019
Battle of Paulus Hook in the American Revolution
Battle of Paulus Hook in the American Revolution Battle of Paulus Hook - Conflict Date: The Battle of Paulus Hook took place on August 19, 1779, during the American Revolution (1775-1783). Armies Commanders United States Major Henry Light Horse Harry Lee300 men Great Britain Major William Sutherland250 men Battle of Paulus Hook - Background: In the spring of 1776, Brigadier General William Alexander, Lord Stirling directed that a series of fortifications be built along the west bank of the Hudson River opposite New York City. Among those that were constructed was a fort on Paulus Hook (present-day Jersey City). That summer, the garrison at Paulus Hook engaged British warships as they arrived to commence General Sir William Howes campaign against New York City. After General George Washingtons Continental Army suffered a reverse at the Battle of Long Island in August and Howe captured the city in September, American forces withdrew from Paulus Hook. A short time later, British troops landed to occupy the post.  Situated to control access to northern New Jersey, Paulus Hook sat on a spit of land with water on two sides. On the landward side, it was protected by a series of salt marshes that flooded at high tide and could only be crossed via a single causeway. Upon the hook itself, the British built a series of redoubts and earthworks which were centered on an oval casemate containing six guns and a powder magazine. By 1779, the garrison at Paulus Hook consisted of around 400 men led by Colonel Abraham Van Buskirk. Additional support for the posts defense could be summoned from New York through the use of a variety of signals.      Battle of Paulus Hook - Lees Plan: In July 1779, Washington directed Brigadier General Anthony Wayne to mount a raid against the British garrison at Stony Point. Attacking on night of July 16, Waynes men achieved a stunning success and captured the post. Taking inspiration from this operation, Major Henry Light Horse Harry Lee approached Washington about making a similar effort against Paulus Hook. Though initially reluctant due to the posts proximity to New York City, the American commander elected to authorize the attack. Lees plan called for his force to overwhelm Paulus Hooks garrison at night and then destroy the fortifications before withdrawing at dawn. To accomplish the mission, he assembled a force of 400 men consisting of 300 from the 16th Virginia under Major John Clark, two companies from Maryland overseen by Captain Levin Handy, and a troop of dismounted dragoons drawn from Captain Allen McLeans rangers.      Battle of Paulus Hook - Moving Out: Departing from New Bridge (River Edge) on the evening of August 18, Lee moved south with the goal of attacking around midnight. As the strike force covered the fourteen miles to Paulus Hook, problems ensued as a local guide attached to Handys command became lost in the woods delaying the column for three hours. Additionally, a portion of the Virginians found themselves separated from Lee. In a stroke of luck, the Americans avoided a column of 130 men led by Van Buskirk that had sortied from the fortifications. Reaching Paulus Hook after 3:00 AM, Lee ordered Lieutenant Guy Rudolph to reconnoiter for a path across the salt marshes. Once one was located, he divided his command into two columns for the assault. Battle of Paulus Hook - Bayonet Attack: Moving through the marshes and a canal undetected, the Americans found that their powder and ammunition had become wet. Ordering his troops to fix bayonets, Lee directed one column to break through the abatis and storm Paulus Hooks outer entrenchments. Surging forward, his men gained a brief advantage as the sentries initially believed the approaching men were Van Buskirks troops returning. Swarming into the fortress, the Americans overwhelmed the garrison and forced Major William Sutherland, commanding in the colonels absence, to retreat with a small force of Hessians to a small redoubt. Having secured the remainder of Paulus Hook, Lee began to assess the situation as dawn was rapidly approaching. Lacking forces to storm the redoubt, Lee planned to burn the fortress barracks. He quickly abandoned this plan when it was found that they were filled with sick men, women, and children. Having captured 159 enemy soldiers and achieved a victory, Lee elected to begin withdrawing before British reinforcements arrived from New York. The plan for this phase of the operation called for his troops to move to Douws Ferry where they would cross the Hackensack River to safety. Arriving at the ferry, Lee was alarmed to find that required boats were absent. Lacking other options, he men began marching north over a route similar that used earlier in the night. Battle of Paulus Hook - Withdrawal Aftermath: Reaching Three Pigeons Tavern, Lee reconnected with 50 of the Virginians who had become separated during the movement south. Possessing dry powder, they were quickly deployed as flankers to protect the column. Pressing on, Lee soon connected with 200 reinforcements sent south by Stirling. These men aided in repelling an assault by Van Buskirk a short time later. Though pursued by Sutherland and reinforcements from New York, Lee and his force safely arrived back at New Bridge around 1:00 PM. In the attack at Paulus Hook, Lees command suffered 2 killed, 3 wounded, and 7 captured while the British incurred over 30 killed and wounded as well as 159 captured. Though not large-scale victories, the American successes at Stony Point and Paulus Hook helped convince the British commander in New York, General Sir Henry Clinton, that a decisive triumph could not be obtained in the region. As a result, he began planning a campaign in the southern colonies for the following year. In recognition of his achievement, Lee received a gold medal from Congress. He would later serve with distinction in the South and was the father of noted Confederate commander Robert E. Lee. Selected Sources HistoryNet: Battle of Paulus Hook2nd Virginia Regiment: Battle of Paulus Hook Revolutionary New Jersey: Battle of Paulus Hook
Saturday, October 19, 2019
Innovation and Business Growth Essay Example | Topics and Well Written Essays - 3000 words
Innovation and Business Growth - Essay Example Where do the other ideas or research efforts go They get into the vast Knowledge Management databases which is available to the organization as part of core business knowledge for future reference. All these products are a result of dollar intensive and highly sophisticated research which actually delves into the minds of end-consumers in a very concerted effort to focus the mind of the consumer on the company's products, services and processes. It was a quirk of an idea to increase the diameter of the tooth paste tube's nozzle by a millimeter in an effort to increase annual sales of tooth paste at Unilever. This of course caught like a wild fire and is much quoted as an example of business smartness and innovation. In this case, the above stated ides is t R & D for a global FMCG company. All it took the Australian phone company to reduce its bleed on local calls was introduction of a lead ring into the handsets of telephones. This lead ring fatigued the hands of the users who started disconnecting calls much earlier than the previous endless hours of conversation. A simple but a powerful idea directly impacted the network utilization as well as bottom lines of the Australian telephone network. That's R & D for a large telecom operator (Bono, 2003). There was this person who stuck post-it sheets with the names of the car owners on the insides of the fuel cap covers and this person spoke to each and every customer using their names. Sales increased dramatically. This person was trying to leverage customer experience at the gas station, researched to find out that people love to be addressed by their names. That's nothing but R & D for a micro enterprise (B, 2006). Xerox that spent billions of dollars in getting new products to the market place failed miserably and was bleeding at the point of machine replacements in 72 hours. As part of their service level agreement, Xerox innovated its post sales service delivery mechanism to come up with almost instantaneous resolution of over 98% of customer complaints thereby reducing the bleed due to machine replacement promise to almost nil. Today various Corporates are investing billions of dollars to leverage the R & D knowledge at the market place and this paper will specifically look at the innovations at Unilever - Unipath, Xerox - PARC and Ntt - MBD. A Product/Service - Its importance Most of the organizations, once having introduced a product / service into the market place, leverage of two different types of research. The first type of research is to find out what the consumer wants or even has in his mind. The second type of research is to how to move the current product line or introduce a new product line to meet those expectations in the mind of the consumer. It is more often in the second type of research work, which new product identification happens. Also it is in the second type of research that companies often file for patents; develop knowledge that may be leveraged in future. Marketing begins with the identification of consumer needs and wants, and culminates with successfully
Friday, October 18, 2019
The Challenges of Call Centre Restructuring Essay
The Challenges of Call Centre Restructuring - Essay Example Tengo Ltd., an online supplier of notebook computers, established a customer contact centre to deal with customer complaints and inquiries about the company’s products. Recently, the company decided to restructure because the HR director discovered that there is an overstaffing problem at the call centre. This decision has resulted in job losses. This essay analyses the wisdom of the restructuring of the call centre, taking into account the external factor of the labour market and job competition, as well as the components of change management, performance management, effective leadership, and employee motivation. Restructuring the Call Centre Companies are restructuring and job designs are being streamlined. The labour force and production processes have been restructured to cut down expenses, helping companies successfully reduce expenses in reaction to growing competition. The external labour market of call centres is in fact large, composed of a large pool of white-collar workers. The external labour market of call centres is global, national, and local (Butler, 2004, p. 168). Hence, restructuring of the call centre harms many employees. It is essential to be knowledgeable of the external labour market because of the differences in employee characteristics. Different work groups express different beliefs on career growth and motivation. For instance, white-collar employees have a tendency to expand their career outside the limits of a particular company (Liao, Martocchio, & Joshi, 2010, p. 94). This is what happened to Tengo Ltd. It suffered a high rate of turnover because its professionals in the customer department were not satisfied with their jobs anymore. The turnover is primarily caused by the restructuring. Corporate decisions to restructure or initiate change in its internal labour markets are strongly influenced by external labour markets. The external labour markets decide what arrangements of retention, expertise, and wage rate are appropr iate for an organisation (Sharma, 2006, p. 59). Companies, like Tengo Ltd., choose to restructure because they confronted new circumstances or external pressures. The HR director who found out the problem in retaining call centre workers with a profitable nearby call centre was certainly dealing with the new situations of the external labour market. Therefore, organisational processes are mainly determined by the relationship between managerial approach and external labour markets. External labour markets significantly restrict the capacity of strategy. As stated by a manager, â€Å"If you’re not going to be the highest-paying wage base in the area, you will have high turnover†(Kumar, 2010, p. 292). For example, Tengo Ltd, after restructuring, gives the best reward package to Level 3 employees. Hence, it experienced increase in labour turnover among Level 1 and Level 2 employees who handle customer complaints. In terms of job competition, call centres have replaced hu man labour with automated processes. Technology carries with it the possibility of new and easier ways of doing things, while carrying as well the ability to eliminate human labour and separate the worker from his/her fruits of labour. Tengo Ltd., through rationalisation, invested more in new automated computer system to improve response time and quality of customer service. However, along with this investment is an increase in labour turnover because the company tried to reduce its expenses in the training and development of new employees. However, the poor outcomes of the restructuring attempt of Tengo Ltd. cannot be entirely attributed to the external labour markets and job competition. Other factors are involved such as the psychological and sociological responses of employees to
Response Assignment Example | Topics and Well Written Essays - 250 words - 7
Response - Assignment Example Through twitter, facebook and other social media, people can post statements and share updates or reports where others could react, reject or affirm. In twitter, subscriber can use hashtags to immediately associate their thoughts with the rest of the community discussing the same. Any life-changing or historical event from other country can easily gain sympathy and reaction from the other part of the world when this is shared on social network. Mark Pfeifle, former national-security adviser, was right in his observation that without twitter, the people of Iran would not feel empowered to stand for freedom and democracy (Gladwell,, 2010). K. Glassman, a former senior State Department official expressed, facebook provide leverage for US-based security management (Gladwell,, 2010). But this is not just about security matter. The social network is larger than that. It bridge nations and hasten family communications, especially those who are working offshore. It also provides easy access of views for tourism sites and thus, provides interactive options where people could choose sites to visit in other parts of the world. It also bridge you to networks of people who are constantly involved in the study of society and the universe, hence, nurture such personal connection to civil rights movement and about the changes happening in the solar system. Indeed, it is a great source of information and a tool for enhancing participation, interdisciplinary collaboration, and of business expansion. The world now is just within the peoples fingertips. Thoughts and decision-makings, political or otherwise, can be sense and felt in just a click. The online social network can end discrimination, too. Gladwell, M. Small Change: Why the revolution will not be tweeted. Annals of Innovation, New Yorker, Conde Naste, California, 4 October 2010. Web. http://www.newyorker.com/reporting/2010/10/04/101004fa_fact_gladwell Accessed: 12.December
Thursday, October 17, 2019
Request for proposal Essay Example | Topics and Well Written Essays - 250 words
Request for proposal - Essay Example There are diverse set of foods provided by Chipotle from which various customers would choose. The brand will be appealing to different travellers at FLL Airport Clients at the airport demand quick services, an aspect that Chipotle promises to deliver. Its four-step plan is a robust package to reduce delays. The company runs nearly 350 transactions per hour at its fastest restaurants to ensure fast service to its clients. The company has employed expediters, personnel to coordinate rolling of the burrito and coordination of the order by getting drinks to the customer. Part of the staff, linebackers, patrols the countertops to ensure seamless service provision to the customers. The â€Å"Mise en place†policy ensures zero tolerance to absolutely nothing in place for the customer during peak hours. At Chipotle, the â€Å"Aces in their places†policy is effective and functional. The policy ensures that only top serves operate during peak hours (Ferdman 1). In essence, at Chipotle, a burrito can be prepared and ready to serve in less than 2 minutes (mikem301s12 1). Chipotle regards consumers’ health as a vital factor and part of its service delivery considerations. Its fast foods are health-conscious and conform to set standards set main regulatory institutions and bodies. Chipotle will uphold regular inspection of its fast foods to ensure compliance with required levels of value and accreditation standards. Furthermore, the personnel at Chipotle are qualified to provide the services required by diverse consumers of fast food and travellers at the airport (Bhasin 1). Bhasin, Kim. How Chipotles Assembly Line Makes Your Burrito So Ridiculously Fast. Business Insider. April 23, 2012. Web. Web. April 19, 2015. http://www.businessinsider.com/how-chipotles-service-line-is-so-fast-2012-4 Ferdman, Roberto. How Chipotle is going to serve burritos faster, and faster, and faster. Quatz. February 1, 2014. Web. April 19, 2015.
Solving Eurozone Financial Crisis Essay Example | Topics and Well Written Essays - 250 words - 1
Solving Eurozone Financial Crisis - Essay Example For Buruma to suggest a political solution is a wild unrealistic dream since European region is synonymous with self-centered political and democratic interests. Indeed, a flashback on causes of World War 1 and World War 2 had the strong political correlation that has since then made states more cautious on interstate politics and democracy issues. Zakaria, on the other hand, suggests a workable financial solution to Greek’s financial nightmare. Bailouts and financial restructuring have not worked so far largely because they have not provided favorable economic growth for Greece. Greece and Italy crisis is not just a problem of respective countries but a financially cancerous disease for entire Europe. Europe can only resuscitate Greece’s economy by enabling Greece to attract capital and investments whilst keeping wage bill within manageable limits. The moment Greece starts recording positive economic growth, recovery will be guaranteed. This approach is highly likely t o succeed since it does not require dramatic political and democratic restructuring of entire Europe zone. In simple terms, it is better to show Greece â€Å"how to fish†instead of â€Å"lending them a fish†every time they are hungry.
Wednesday, October 16, 2019
Request for proposal Essay Example | Topics and Well Written Essays - 250 words
Request for proposal - Essay Example There are diverse set of foods provided by Chipotle from which various customers would choose. The brand will be appealing to different travellers at FLL Airport Clients at the airport demand quick services, an aspect that Chipotle promises to deliver. Its four-step plan is a robust package to reduce delays. The company runs nearly 350 transactions per hour at its fastest restaurants to ensure fast service to its clients. The company has employed expediters, personnel to coordinate rolling of the burrito and coordination of the order by getting drinks to the customer. Part of the staff, linebackers, patrols the countertops to ensure seamless service provision to the customers. The â€Å"Mise en place†policy ensures zero tolerance to absolutely nothing in place for the customer during peak hours. At Chipotle, the â€Å"Aces in their places†policy is effective and functional. The policy ensures that only top serves operate during peak hours (Ferdman 1). In essence, at Chipotle, a burrito can be prepared and ready to serve in less than 2 minutes (mikem301s12 1). Chipotle regards consumers’ health as a vital factor and part of its service delivery considerations. Its fast foods are health-conscious and conform to set standards set main regulatory institutions and bodies. Chipotle will uphold regular inspection of its fast foods to ensure compliance with required levels of value and accreditation standards. Furthermore, the personnel at Chipotle are qualified to provide the services required by diverse consumers of fast food and travellers at the airport (Bhasin 1). Bhasin, Kim. How Chipotles Assembly Line Makes Your Burrito So Ridiculously Fast. Business Insider. April 23, 2012. Web. Web. April 19, 2015. http://www.businessinsider.com/how-chipotles-service-line-is-so-fast-2012-4 Ferdman, Roberto. How Chipotle is going to serve burritos faster, and faster, and faster. Quatz. February 1, 2014. Web. April 19, 2015.
Tuesday, October 15, 2019
Financial Case Study Analysis and Excel Work Example | Topics and Well Written Essays - 1250 words
Financial Analysis and Excel Work - Case Study Example There are some factors that should be considered with regards to the profitability, the future inflation rates and the competitors in the market. The company should ensure that before it sells out, the profitability issue will be included in the part of goodwill which will add on the valuation price. The workers of the company are underpaid so as to cut on costs of the company. That may not be the trend in the future because the workers may form a labor union that will fight for their rights. That means that the profits will reduce in the future if the workers demand for a pay rise. The person or persons who are interested in the purchase of the company should therefore consider that fact because it will affect the future profitability of the company. The sales volume has increased as a result of as number of factors. The sales volume has increased because of the great advertising skills that have lead to brand loyal for the company. The brand loyal usually makes repeat purchase and that adds on the sales volume and profitability of the company. The sales volume has also increased as a result of the diversification of the company. Therefore, in the valuation of the company, the investment that has been made in the advertising and diversification of the operations should be considered. The company should ensure that such money ploughed in such ventures is recovered. The costs of the company are increasing at a reducing rate over the years. That shows that the efficiency of the company has been increasing over the years. The efficiency may be as a result of improved processes, improved equipment and motivated employees. All the above factors happen at a cost and that cost should be considered in the valuation of the business. The valuation should ensure that the company does not result at a loss. The brand loyal adds on the profitability of the company. That shows that the company has a good reputation among the customers. The
Monday, October 14, 2019
Latin Terms for Legal Studies Essay Example for Free
Latin Terms for Legal Studies Essay Two of the more important maxims (guides or aids) commonly used by the courts are (pg. 20): Noscitur a sociis: (It is known from its associates) is used where a word is ambiguous or unclear in a group of specific words. Its meaning is limited to the same class or types of things as the specific words. Ejusdem generis: Means of the same kind, class or nature and is known as the class rule. Under this rule, the broad, general word is limited to the same class as the more specific words preceding it. Under subsidiary legislation (pg. 23): Ultra vires: Beyond one’s legal power or authority. Under Unwritten Law (English Law) (pg. 24): Inter alia: Among other things. Lex non cogit impossibilia: The law does not compel a man to do that which is impossible. /The law requires nothing impossible. Case law or precedent may comprise res judicata, ratio decidendi and obiter dictum (pg 29). Res judicata: Final order of the court binding the immediate parties to the decision. It assumes that there are 2 opposing parties, there is a definite issue and the court has so decided the issue acting within its jurisdiction. Judgement in the strictest sense. Only applies to the immediate parties. Ratio decidendi: It’s the reason for the decision. In a case, in addition to the res judicata the legal reasoning upon which the decision in that case was based may be used by judges in future cases when confronted with similar facts. This is called the ratio decidendi of the case. Obiter dictum: Anything else said about the law in the course of a judgement that does not form part of the matters at issue is called obiter dictum (sayings by the way). It has no binding power, although it can exercise an extremely strong influence in a lower court, and even in a court of equivalent standing, depending on the court and the judge. Stare decisis: Process of following an established procedure, which literally means ‘to stand by a decision.’ Obiter: Said in passing. / Said by the way. Under Hierarchy of Precedents : Pari materia (pg. 32): Of the same matter; on the same subject. The phrase used in connection with two laws relating to the same subject matter that must be analyzed with each other. Per incuriam (pg. 33): Literally translated as through lack of care, per incuriam refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant. CHAPTER 3 Under Constitutional review (pg. 49):  ab-initio: From the beginning; from the first act; from the inception. An agreement is said to be void ab initio if it has at no time had any legal validity. Under Statutory interpretation (pg. 49): Sui generis: Of its own kind or class. That which is the only one of its kind. Under Magistrate Courts (pg. 54): Mesne profits: The profits of an estate received by a tenant in wrongful possession and recoverable by the landlord. Ex parte (Lost the page, sorry!): On one side only. Done by, for, or on the application of one party alone.
Sunday, October 13, 2019
Issue of Certainty in a Contract
Issue of Certainty in a Contract â€Å"The cases provide many examples of judicial awareness of the danger that too strict an application of the requirement of certainty could result in the striking down of agreements intended by businessmen to have binding force†– Treitel. Critically evaluate this statement in light of case law and consider in your answer whether the extent to which the parties have acted on an agreement influences the judges. Introduction In looking to critically evaluate the above statement in view of the case law that has been decided in this area, so as to also be able to consider the extent to which parties have acted on a business agreement serves to influence any judge, this essay will first look to consider the importance of certainty in agreements by recognising the significance where there is a lack thereof. Then, this essay will also look to reflect upon how a contract is generally formed and as to how the issue of certainty relates specifically to a contract’s formation in this regard for when it is said to come into being. Following on from this, this essay will look to determine the issues that a court will look to consider in evaluating as to whether a particular agreement before them is sufficiently certain to be considered a legally binding contract, whilst also looking to consider the extent to which the parties have acted on an agreement serves to influence the judges in coming to their decisi ons in relation to these matters, before finally looking to conclude with a summary of the key points that have been derived from an understanding of this discussion. The significance of certainty On this basis, to begin with it must be appreciated that the issue of certainty in any business agreement is generally considered to be paramount to the formation of a formal contract because it has been a long-held maxim of the law that that which is certain is that which can be made so leading to a binding contract being formed that is enforceable by the courts[1]. Consequently, a lack of certainty increases the costs of disputes because the ability to avoid, manage and/or resolve any dispute early, and on a reasonable commercial basis, is clearly negated where there is a lack of accurate documentation, whilst the lack of certainty also serves to create risks for those involved where there is a lack of a formally recognised agreement in place. Therefore, by way of illustration, it was recognised in Montreal Gas Company v. Vasey[2] that where the company in question made a contract with the other party to this case with the promise that, if it was ‘satisfied’ with them as a customer, the company would then look ‘favourably’ on an application for renewal of their contract with them, this was not considered sufficiently certain to create a legal obligation because of the indefinite or unsettled nature of such a term. Nevertheless, it is also important to appreciate a transaction that may otherwise be considered to have left some essential term of their agreement undetermined may provide some method of determination other than what is considered to be a future agreement. The formation of a contract – Where do the problems lie? Ostensibly, it is commonly understood that a contract is effectively formed where there is an offer, consideration and acceptance that is sufficiently certain so that it is then for the courts to determine whether the required elements are present in any business arrangement[3]. This is because the offer refers to a proposal that is expressed orally or in writing from one party (the ‘offeror’) to another (the ‘offeree’) to do or give something for remuneration with a view to forming an agreement that is usually legally binding on the basis of the conduct the parties. Such a view arises from the fact it was recognised in Adams v. Lindsell[4] the rules in relation to the recognition of a valid offer states that thus will be so where it is (a) made to definite person, class, or the world; (b) it is effectively communicated; and (c) it reaches the offeree. Then, with regards to the element of consideration required, this consists of a â€Å"right, interest, pro fit or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other†, in keeping with the decision in Currie v. Misa[5], that must be legal, not past, and move from the promisee to the promisor[6]. However, the problem with certainty in business agreements arguably arises most commonly in relation to the issue of acceptance of an offer to formalise the agreement between the parties in the prescribed manner. This is because it was recognised in Hyde v. Wrench[7] that the offeree must accept the offer made by the offeror unequivocally without qualification in words or through conduct in conformation with the indicated or prescribed terms of the offer. But then, in the decision in Chillingworth v. Esche[8], it was effectively understood that it is possible to have an acceptance of terms that are ‘subject to contract’ where the parties will only be bound by a formal contract. Moreover, where the terms of an offer are not accepted by the offeree without alteration, then it could be argued that negotiations will continue because anything that the offeree then proposes may be considered to be a counter-offer so that the positions of the respective parties change (i.e. off eror becomes offeree and vice versa). Therefore, this effectively means that there is only likely to be an agreement on terms that are substantially different from those originally put forward by the parties in such circumstances[9]. Buying and selling More specifically, where there is an unequivocal desire to buy and sell, but a lack of certainty as to terms of the agreement, the courts will look to consider the nature of the transaction for themselves that may be determined by the standard of reasonableness (i.e. what is considered reasonable) in the specific circumstances of the case. Such a view is effectively illustrated by the examples of the decisions in Brown v. Gould[10], where what was considered the ‘market value’ of the goods was determined by the courts, and Didymi Corporation v. Atlantic Lines Navigation Company Ltd[11], where the idea that an agreement regarding a hire was to be ‘equitably decreased’ was also determined by the courts. But, in the case of price of goods and services in such cases, this has largely been governed by section 8 of the Sale of Goods Act 1979[12] which effectively means that the courts are able to allow actions for the recovery of reasonable sums of the value of t he goods or services in question[13] so long as the contract itself is silent as to the issue of price[14]. Therefore, by way of illustration, in May Butcher v. The King[15] when the supplicants agreed to purchase all of the Crown’s old tentage for a price â€Å"agreed upon †¦ as the quantities of the said old tentage become available and are offered to the purchasers†it was held there was no concluded contract because the price would be agreed subsequently for the transference of the goods in question. The influence of parties to an agreement upon the courts However, more generally, the function of any court is to put a fair construction on what the parties have said and done because Lord Wright in Hillas Co v. Arcos Ltd[16] said â€Å"Business men often record the most important agreements in crude and summary fashion†, that are â€Å"far from complete or precise†to those unfamiliar so that it is arguable that the parties to such agreements may be considered to have some influence over the approach that the courts may take in such cases. On this basis, this means that it is â€Å"the duty of the court to construe such documents fairly and broadly†[17] because the courts need to be satisfied that parties to an agreement have concluded a contract, whilst also still considering what has been said and done in its context, the relative importance of the unsettled matter and whether the parties have provided machinery within the terms of their agreement for settling any dispute. By way of further illustration, in the decision in Hillas Co v. Arcos Ltd[18] the court decided that the terms of the contract in this case were based on previous transactions (the original contract) between the parties and the custom of the timber trade because it was determined that in view of their previous agreements there was still sufficient intention to be bound in the future. Therefore, with this in mind, in view of the influence of the parties in acting on the same basis as under their previous transaction, clearly, in such circumstances it will be extremely difficult for the courts to say that a â€Å"contract is void for vagueness or uncertainty†, where it has been either or wholly or partially performed, since this serves to make it easier to imply a term into an agreement to resolve such problems[19]. However, as well as the influence acceded to the parties to agreements by the courts, it is also important to appreciate that a court will not commonly allow a contract to fail for uncertainty more generally if the contract also provides the means to acquire the level of certainty required for the particular contract. For example, in cases including Foley v. Classique Coaches Ltd[20], it was recognised that if the contract in question provides parties are to agree a price or quantities for delivery, but also contains an arbitration clause in this regard, the courts will imply a reasonable price will be paid where there is otherwise default on the part of the parties to the agreement determined by arbitration so that parties to the agreement still retain a level of influence even where they are in dispute. Moreover, matters in this regard may actually only be further complicated by the fact that parties in business often act on their informal agreements – even their version of events – pending the formalising of their agreement into a contract[21]. Then, where a contract is formalised, the courts may allow this contract to take on a retrospective effect to cover the work done during the period when the parties were working on the basis of an informal agreement[22]. But where there is no formalisation of an agreement between parties, work that is done, or goods that are delivered, under a letter of intent may lead to a restitutionary obligation to pay a reasionable sum by way of remuneration for this[23] so that the parties actions continue to have an effect on any decision that is reached. The problem with documentation In spite of the influence of the parties themselves on the decisions reached by the courts, however, in looking to consider how the courts deal with the issue of certainty (or lack thereof) in business contracts, it is important to appreciate that matters are also complicated somewhat by the use of other documents in the build up to the recognition of a formal agreement. Such a view is effectively illustrated by the use of letters of intent in the construction industry with a view to formalising a contract at a later date. This is because whilst, in the past, in decisions including British Steel Corporation v. Cleveland Engineering Co[24], such a document may have been considered akin to a conditional contract by the courts since it is effectively looked upon as a sign that one party is likely to want to contract with another, in Regalian Properties Plc v. London Dockland Development Corporation[25] there was an unsuccessful action for reimbursement of expenses incurred by a property developer regarding preparatory work regarding a contract that also never materialised in spite of the presence of a letter of intent since it is a matter of interpretation. Consequently, it is important to appreciate that the courts have become prone to taking a differing view from case to casxe because they do not consider cases decided in this area to be analogous in the circumstances. Such a view is reflected in the fact that whilst one party, in British Steel Corporation v. Cleveland Bridge Engineering Co[26], requested the other to perform services and supply goods needed under the expected contract, the costs Regalian Properties Plc v. London Dockland Development Corporation[27] sought reimbursements for what it did in an effort to put itself in a position to obtain and then perform the contract that was unsuccessful. This is largely because the court in such cases may be unwilling to imply a contract on the basis of a letter of intent because the language used is often uncertain and, in view of previous negotiations, it may also be argued that all that is assumed is a moral responsibility and not something that is contractual but, again, that is something for the courts to determine on the facts as they arise as a matter of interpretation[28]. Nevertheless, matters in this regard are also not helped in relation to the recognition of certainty in business agreements where the contract between the parties is considered incomplete because of a failure to cover all of the pertinent points that are considered significant by the parties so that one party asserts that a contract has been formalised and the other claims that it has not. Therefore, it is important to appreciate that in such cases the courts will need to consider whether an agreement is reached by the parties to a contract at a particular time, or as to whether there are other terms of the intended contract without the settlement of which the parties to the agreement have no hope of formalising a contract[29]. But where documentation produced in correspondence between the parties in dispute shows the parties have definitely come to terms – despite having some material points left open – a subsequent revival of negotiations will not affect the contract that is believed to have been made in the eyes of the court without the consent of the parties to the agreement that has been made so that they retain some influence over the courts that look to resolve their disputes[30]. More specifically, Justice Parker recognised in the decision in Von Hatzfeldt-Wildenburg v. Alexander[31] that if â€Å"documents or letters relied on as constituting a contract contemplate the execution of a further contract †¦ it is a question of construction whether the execution of the further contract is a condition or term of the bargain or whether it is a mere expression of the desire of the parties as to the manner in which the transaction already agreed to will in fact go through†[32]. Con sequently, it is matter upon which the courts could arguably go either way on in looking to interpret because it is really something to be decided upon on the facts of each individual case. Negotiations However, even where negotiations are successful, it was recognised in practice, as long ago as the decision in Kennedy v. Lee[33] that it may prove difficult to say with certainty when an agreement has been reached. This is because of the fact that it was recognised in this case that negotiations can often be long and complex with significant variations derived from offers and counter offers that may serve to detract or embellish the original basis of attempted agreement between the parties. Nevertheless, in the dcecision in Davies v. Sweet[34] it was understood that in spite of a prolonged period of negotiations courts may still find a concluded bargain by the conduct of the parties – thus seemingly bypassing the need for certainty so that any continuance of the negotiations will not necessarily serve to terminate an agreement between the parties. Such a need largely arises from the fact it is important to look to give effect to the reasonable expectations of business people that is an important object of the law of contract to facilitate in relation to their ongoing relations[35]. But, in the context of negotiations, a ‘lock out’ has also come to be considered to be unenforceable where it does not specify a time limit for its duration because it would indirectly impose a duty to negotiate in good faith which could not be considered a contract[36] – although such an agreement may be considered thuse if it is for a fixed period[37] – regardless of this it has been argued that certainty should have been resolveable in the interests of the parties through the recognition of the standard of reasonableness alluded to earlier in this discussion. Moreover, the courts have also felt at liberty to ‘strike out’ indefinite, but subsidiary, provisions as being insignificant so as to be able to give effect to the rest of the agreement[38]. Furthermore, with regards to an agreement to negotiate, the House of Lords recognised in Walford v. Miles[39] that such an agreement was effectively an agreement to agree so it was considered unenfo rceable because â€Å"it lacks the necessary certainty†[40]. Such a view has arisen because negotiations are, by their very nature, adversarial and allowed them to pursue their own interests, so long as they do not make misrepresentations, and withdraw where they see fit[41], whilst damages were also out of the question because no can tell whether the negotiations would be successful and what the result would be[42]. Conclusion In conclusion, in looking to critically evaluate the aforementioned statement so as to also be able to consider the extent to which parties have acted on a business agreement serves to influence any judge, it must be recognised that certainty within any agreement perpetrated by a business is extremely important. This is because certainty in relation to the agreements that are formed between parties clearly goes some way to limit and even negate the need to go to seek the resolution of their disputes. However, by its very nature, business negotiations are somewhat adversarial. Everyone involved with business wants to get ahead so it is perhaps little wonder that disputes do arise. But just because a dispute arises does not mean that the parties want to end the relationship that they have built up just because there is a lack of certainty in some aspect of the agreement that has been formed. Therefore, whilst the courts may look to resolve issues of certainty between the parties on the basis of the law as it stands and the understanding of what is considered reasonable in the circumstances, the parties themselves can and do retain an element of influence over proceedings between them. Consequently, the respective parties intentions when forming an agreement must be taken into account when determining the binding nature of any agreement. However, that is not meant to assuage the role that the courts do play in the resolution of disputes. It is just that the area is actually somewhat complicated by the lack of certainty in aspects of an agreement that is formed that need to be effectively resolved and, in view of the close proximity of the parties to their dispute, it is sometimes considered best for the parties to accede to the resolution of their dispute to the courts where they cannot otherwise be resolved between the parties themselves despite the influence that the co urts will still allow their dealings to have on their decisions in most cases. - (i) Research Strategy To begin with it is necessary to decide what the question set is asking – i.e. in this case, determining the need for something different to rectify a problem that apparently exists. This effectively means that any research carried out is required to seek to facilitate a ‘discussion’ involving the specific terms identified within the question so as to effectively determine and incorporate the academic and legal opinions of authorities to support the pertinent issues that have been derived from the research that has been carried out here for the purposes of answering the question. (ii) Materials Therefore, on this basis, it is particularly important to look to include case law in particular, in view of the stated requirement in the scope of the question, throughout the writing of this essay before listing them all in the bibliography for ease of further reference. As a result, both ‘Lexis Nexis Professional’ and ‘Halsbury’s Laws of England’ are websites that serve as significant research aids for writing this kind of work in view of the fact that they offer the most contemporary accounts of all legal subjects. (iii) Search Terms Legal professor David Stott’s work on legal research[43] has recognised the best approach to researching an essay is to look to take the title/question that you have been given and then highlight what you think are the key words and phrases so that, in this case, the following search terms are recognised – ‘Business’ ‘Contract’ ‘Buying’ ‘Selling’ ‘Legislation’ ‘Dispute Resolution’ ‘Certainty’. Then, having identified search terms for the purposes of research, combinations of these terms must be uses, whilst also looking to appreciate the fact that certain terms (i.e. ‘legislation’) will offer very little in view of the specifics elsewhere within the question without looking at more specific aspects. As a result, in view of the fact that the focal point of this essay’s discussion is the issue of certainty within, a particular context (i.e. business agreements), then it is clear that this must be recognised so as to be able to effectively achieve the required results to lead to further research into judicial decisions and other paper based sources outlined in the bibliography by looking at combinations of the aforementioned search terms (e.g. ‘contract’, ‘certainty’, ‘business’ and ‘agreement’). (iv) Review of Results In looking to effectively be able to evaluate the academic value of the research that has been carried out here, it is abundantly clear that, whilst the initial materials uncovered were excellent in view of their relevance, a true understanding of as to how successful the research actually was is only possible where we look to consider the content of what has been written in the essay itself. But then it is also necessary to look to consider as to how the answer to the question set looks to show an effective appreciation of how the materials that have been identified in the bibliography have been used. Therefore, it would seem that the results of this research have served to effectively facilitate a broad discussion of various areas in relation to the recognition of certainty within the context of business agreements and as to how the courts have dealt with the resolution of disputes, whilst also recognising the influence that the parties themselves can have in relation to the courts resolution, that have put been together in this paper so as to present an effective answer to the question that has been posed here. - Beatson. J ‘Anson’s Law of Contract’ 27th Edition, Oxford University Press (1998) Fridman. D. F ‘Construing, without constructing, a contract’ (1960) 76 LQR 521 ‘Halsbury’s Laws of England’ Lexis Nexis, Butterworths (2007) Lexis Nexis Professional (2007) (www.lexisnexis.com) Stott. D ‘Legal Research’ Cavendish Publishing Ltd (1998) Adams v. Lindsell (1818) 1 B Ald. 681 Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd [1944] KB 12 British Steel Corporation v. Cleveland Bridge Engineering Co [1984] 1 All ER 504 Brown v. Gould [1972] Ch 53 Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401 Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Chillingworth v. Esche [1924] 1 Ch 97 Courtney Fairbairn Ltd v. Tolaini Brothers (Hotel) Ltd [1975] 1 WLR 297 Currie v. Misa (1875) LR 10 Ex 153 Davies v. Sweet [1962] 2 QB 300 Didymi Corporation v. Atlantic Lines Navigation Company Ltd [1988] 2 Lloyd’s Rep 108 Foley v. Classique Coaches Ltd [1934] 2 KB 1 G. Percy Trentham Ltd v. Arhital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 G. Scammell Nephews Ltd v. Ouston [1941] AC 251 Hillas Co v. Arcos Ltd (1932) 147 LT 503 Hussey v. Horne Payne (1879) 4 App Cas 311 Hyde v. Wrench (1840) 3 Beav 334 Kennedy v. Lee (1817) 3 Mer 441 Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh [1989] 1 WLR 379 at Lipkin Gorman v. Karpnale [1991] 3 WLR 10 May Butcher v. The King [1934] 2 KB 17n Mitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129 Montreal Gas Company v. Vasey [1900] AC 595 Nicolene Ltd v. Simmonds [1953] 1 QB 543 Pitt v. PHH Asset Management Ltd [1994] 1 WLR 327 Queensland Electricity Generating Board v. New Hope Collieries Property Ltd [1989] 1 Lloyd’s Rep 205 Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 Trollope Colls Ltd v. Atomic Power Construction Ltd [1963] 1 WLR 333 Von Hatzfeldt-Wildenburg v. Alexander [1912] 1 Ch 284 Vosper Thornycroft Ltd v. Ministry of Defence [1976] 1 Lloyd’s Rep 58 Walford v. Miles [1992] 2 AC 128 Sale of Goods Act 1979 1 Footnotes [1] Fridman. D. F ‘Construing, without constructing, a contract’ (1960) 76 LQR 521. [2] [1900] AC 595. [3] See also the decisions in G. Scammell Nephews Ltd v. Ouston [1941] AC 251 (hire purchase terms) Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd [1944] KB 12 (war clause) for further examples of indefinite contract terms. [4] (1818) 1 B Ald. 681 – see also Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256. [5] (1875) LR 10 Ex 153. [6] See, for example, the decision in Lipkin Gorman v. Karpnale [1991] 3 WLR 10. [7] (1840) 3 Beav 334. [8] [1924] 1 Ch 97. [9] See, for example, the decision in Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401. [10] [1972] Ch 53. [11] [1988] 2 Lloyd’s Rep 108. [12] Although see also the Supply of Goods Services Act 1982 at section 15(1). [13] See, for example, British Bank for Foreign Trade Ltd v. Novinex [1949] 1 KB 623. [14] Sale of Goods Act 1979 at section 8(2). [15] [1934] 2 KB 17n. [16] (1932) 147 LT 503. [17] Ibid at p.514. [18] (1932) 147 LT 503. [19] See G. Percy Trentham Ltd v. Arhital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 at p.27 per Steyn LJ. [20] [1934] 2 KB 1 – see also Vosper Thornycroft Ltd v. Ministry of Defence [1976] 1 Lloyd’s Rep 58 Queensland Electricity Generating Board v. New Hope Collieries Property Ltd [1989] 1 Lloyd’s Rep 205. [21] See, for example, Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212. [22] See, for example, Trollope Colls Ltd v. Atomic Power Construction Ltd [1963] 1 WLR 333. [23] See, for example, British Steel Corporation v. Cleveland Bridge Engineering Co [1984] 1 All ER 504. [24] [1984] 1 All ER 504. [25] [1995] 1 WLR 212. [26] [1984] 1 All ER 504. [27] [1995] 1 WLR 212. [28] See Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh [1989] 1 WLR 379 at pp.388, 391 393. [29] See, for example, Hussey v. Horne Payne (1879) 4 App Cas 311. [30] See, for example, Mitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129 at pp.167, 175 179. [31] [1912] 1 Ch 284. [32] Ibid at p.288. [33] (1817) 3 Mer 441. [34] [1962] 2 QB 300. [35] Beatson. J ‘Anson’s Law of Contract’ 27th Edition, Oxford University Press (1998) at pp.62-68 [36] See, for example, Walford v
Saturday, October 12, 2019
Michael Henchard in The Mayor of Casterbridge by Thomas Hardy Essay
Michael Henchard in The Mayor of Casterbridge by Thomas Hardy Michael Henchard is a character with traits that have both a positive and negative traits effect on his life. I believe the characteristics that allowed Henchard to rise to social respectability and fall into destitution where the same. "Character is fate"(Plato) For example Henchard stubbornness and pride allowed him to keep his 21-year vow not to drink. This shows his stubbornness brought an aspect forbearance. However the same character traits also made him rely on a prediction from a fortuneteller becoming his financial downfall. This is same aspect of Henchard that made him so forbearing and committed to his wedding vows with Susan. This characteristic allowed him to be reliable, something that greatly assisted him to being respected in the town. However, if he would have not been so honourable and turned Susan away, it may have all worked out better. I can speculate, he could have married Lucetta and her money would have been a great asset to hi...
Friday, October 11, 2019
Part Five Chapter IV
IV A misty blue sky stretched like a dome over Pagford and the Fields. Dawn light shone upon the old stone war memorial in the Square, on the cracked concrete faà §ades of Foley Road, and turned the white walls of Hilltop House pale gold. As Ruth Price climbed into her car ready for another long shift at the hospital, she looked down at the River Orr, shining like a silver ribbon in the distance, and felt how completely unjust it was that somebody else would soon have her house and her view. A mile below, in Church Row, Samantha Mollison was still sound asleep in the spare bedroom. There was no lock on the door, but she had barricaded it with an armchair before collapsing, semi-dressed, onto the bed. The beginnings of a vicious headache disturbed her slumber, and the sliver of sunshine that had penetrated the gap in the curtains fell like a laser beam across the corner of one eye. She twitched a little, in the depths of her dry-mouthed, anxious half-sleep, and her dreams were guilty and strange. Downstairs, among the clean, bright surfaces of the kitchen, Miles sat bolt upright and alone with an untouched mug of tea in front of him, staring at the fridge, and stumbling again, in his mind's eye, upon his drunken wife locked in the embrace of a sixteen-year-old schoolboy. Howard Mollison was sleeping soundly and happily in his double bed. The patterned curtains dappled him with pink petals and protected him from a rude awakening, but his rattling wheezing snores had roused his wife. Shirley was eating toast and drinking coffee in the kitchen, wearing her glasses and her candlewick dressing gown. She visualized Maureen swaying arm in arm with her husband in the village hall and experienced a concentrated loathing that took the taste from every mouthful. In the Smithy, a few miles outside Pagford, Gavin Hughes soaped himself under a hot shower and wondered why he had never had the courage of other men, and how they managed to make the right choices among almost infinite alternatives. There was a yearning inside him for a life he had glimpsed but never tasted, yet he was afraid. Choice was dangerous: you had to forgo all other possibilities when you chose. Kay Bawden was lying awake and exhausted in bed in Hope Street, listening to the early morning quiet of Pagford and watching Gaia, who was asleep beside her in the double bed, pale and drained in the early daylight. There was a bucket next to Gaia on the floor, placed there by Kay, who had half carried her daughter from bathroom to bedroom in the early hours, after holding her hair out of the toilet for an hour. ‘Why did you make us come here?' Gaia had wailed, as she choked and retched over the bowl. ‘Get off me. Get off. I fuck – I hate you.' Kay watched the sleeping face and recalled the beautiful little baby who had slept beside her, sixteen years ago. She remembered the tears that Gaia had shed when Kay had split up with Steve, her live-in partner of eight years. Steve had attended Gaia's parents' evenings and taught her to ride a bicycle. Kay remembered the fantasy she had nurtured (with hindsight, as silly as four-year-old Gaia's wish for a unicorn) that she would settle down with Gavin and give Gaia, at last, a permanent stepfather, and a beautiful house in the country. How desperate she had been for a storybook ending, and a life to which Gaia would always want to return; because her daughter's departure was hurtling towards Kay like a meteorite, and she foresaw the loss of Gaia as a calamity that would shatter her world. Kay reached out a hand beneath the duvet and held Gaia's. The feel of the warm flesh that she had accidentally brought into the world made Kay start to weep, quietly, but so violently that the mattress shook. And at the bottom of Church Row, Parminder Jawanda slipped a coat on over her nightdress and took her coffee into the back garden. Sitting in the chilly sunlight on a wooden bench, she saw that it was promising to be a beautiful day, but there seemed to be a blockage between her eyes and her heart. The heavy weight on her chest deadened everything. The news that Miles Mollison had won Barry's seat on the Parish Council had not been a surprise, but on seeing Shirley's neat little announcement on the website, she had known another flicker of that madness that had overtaken her at the last meeting: a desire to attack, superseded almost at once by stifling hopelessness. ‘I'm going to resign from the council,' she told Vikram. ‘What's the point?' ‘But you like it,' he had said. She had liked it when Barry had been there too. It was easy to conjure him up this morning, when everything was quiet and still. A little, ginger-bearded man; she had been taller than him by half a head. She had never felt the slightest physical attraction towards him. What was love, after all? thought Parminder, as a gentle breeze ruffled the tall hedge of leyland cypresses that enclosed the Jawandas' big back lawn. Was it love when somebody filled a space in your life that yawned inside you, once they had gone? I did love laughing, thought Parminder. I really miss laughing. And it was the memory of laughter that, at last, made the tears flow from her eyes. They trickled down her nose and into her coffee, where they made little bullet holes, swiftly erased. She was crying because she never seemed to laugh any more, and also because the previous evening, while they had been listening to the jubilant distant thump of the disco in the church hall, Vikram had said, ‘Why don't we visit Amritsar this summer?' The Golden Temple, the holiest shrine of the religion to which he was indifferent. She had known at once what Vikram was doing. Time lay slack and empty on her hands as never before in her life. Neither of them knew what the GMC would decide to do with her, once it had considered her ethical breach towards Howard Mollison. ‘Mandeep says it's a big tourist trap,' she had replied, dismissing Amritsar at a stroke. Sukhvinder had crossed the lawn without Parminder noticing. She was dressed in jeans and a baggy sweatshirt. Parminder hastily wiped her face and squinted at Sukhvinder, who had her back to the sun. ‘I don't want to go to work today.' Parminder responded at once, in the same spirit of automatic contradiction that had made her turn down Amritsar. ‘You've made a commitment, Sukhvinder.' ‘I don't feel well.' ‘You mean you're tired. You're the one who wanted this job. Now you fulfil your obligations.' ‘But – ‘ ‘You're going to work,' snapped Parminder, and she might have been pronouncing sentence. ‘You're not giving the Mollisons another reason to complain.' After Sukhvinder walked back to the house Parminder felt guilty. She almost called her daughter back, but instead she made a mental note that she must try and find time to sit down with her and talk to her without arguing.
Thursday, October 10, 2019
Moral Struggle in Great Expectations
Moral Struggles of Great Expectations Pip is the main character of the novel desires to fulfil his expectations and the world he lives in does not gladly provide an easy way to his dream. Joe is his brother-in-law and his angry sister’s husband who treats Pip much better than her, just because he happens to have a bog heart. In the beginning of the novel, prior to Pip being exposed to the world he feels that he can satisfy his expectations, Joe and Pip are equals – the humbleness and loyalty that Joe displays are often similar to that of a child. Joe is comfortable with who he is and while he desires to learn from Pip once he becomes educated, he does not seek to be anything other than what he is. This, ideally, would have been a priceless lesson for Pip to learn, as it would have spared Pip from losing himself in a complex and corrupt world. Sadly, yet pivotally to the intrigue of the plot, it is only once Pip realises the error in his ways that he can see the true gentleman in Joe. Interestingly, it is something he identifies early on when he comments that â€Å"[I] was looking up to Joe in my heart†(49). This is not simply an affection of love, yet one of admiration and respect. It is once Joe repays Pip’s debts, and leaves to save Pip the ‘embarrassment’ of associating with him, that Pip realises the quality of Joe’s character. Joe embodies the true gentleman; while not of class, his character is class, and he continually displays qualities of loyalty and fidelity that Pip believes can be embodied by outward displays of wealth and education. Pip learns from Joe – albeit in hindsight and through his own personal crises – that wealth and class are not fundamental to being a gentleman. Mr Jaggers, the attorney of Pip’s mysterious benefactor and a ruthless and respected man in society, represents what Pip could become in the society he loses himself in. His standing as a gentleman is not based in the quality of his character (as he is a portrayed as a defence lawyer, interacting with dubious suspects on a daily basis with a fierce and powerful manner) but in the fearful respect he commands in society. So complex is Mr Jagger’s character that he is able to command respect from Pip, despite that he â€Å"hardly knew what to make of Mr Jagger’s manner. Wemmick suggests that Mr Jaggers would â€Å"take it as a compliment†to know that Pip felt that way. (196) It is clear, however, that Pip admires Mr Jaggers, as is evident in Chapter 20 of the novel. Pip is privy to Mr Jaggers' mannerisms when dealing with clients. Pip, despite being introduced to Mr Jaggers’ character in this manner, is clearly infatuated with his power and status an d accepts him as a gentleman. Ironically, Mr Jaggers’ was not born into wealth either, but rather worked his way up to his position of power. Pip ignores this fact, and it is only after he learns the truth about his journey to becoming a gentleman that he realises that Mr Jaggers does not represent a true gentleman either. He is yet another representation of how wealth and power are in fact far removed from being a gentleman. The irony is that Mr Jaggers’ true character is never hidden from Pip, and thus so great are his expectations, that he is blinded to the blatant truth about a true gentleman’s role in society. The character Abel Magwitch (initially referred to as the convict, and only revealed as Pip’s benefactor as the climax of the novel) is not only the catalyst to a growth into manhood and morality for Pip, but the character from whom Pip learns the most from during their interaction. As the convict, Magwitch is nothing but a source of latent fear for Pip. The intrigue surrounding the identity of the benefactor and the assumptions the reader makes compliments the idea that he is a source of fear, and nothing else. At the climax of the novel, when it is revealed to Pip that it is Abel Magwitch, a convict and fugitive, who has bestowed his new riches on the boy who tried to help him years previously, Pip’s expectations and belief in the gentleman he thinks he is, is shattered. As Pip believes his benefactor was Miss Havisham, and that she has been grooming him for Estella, and to become a true gentleman, he never questions the validity of his essence as a gentleman. Upon learning that the source of his education and wealth – and ultimately his status as a gentleman – is in fact a convict, his identity is crushed. It is to his horror that the source of his status as a gentleman is the absolute antithesis of a gentleman in his eyes. Pip thus has to come to terms with the idea that it is not the outward appearance of a man that determines his character. This is also echoed in Chapter 5 of the novel, when Magwitch/the convict confesses to stealing food from Mrs Joe to save Pip from being implicated. Pip has to accept that the class he was trying to distance himself from embodies something to aspire to. Towards the end of the novel, Pip displays his growth as he reflects that in Magwitch he â€Å"only saw a man who had meant to be my benefactor, and who had felt affectionately gratefully and generously towards me with great constancy through a series of years. I only saw in him a much better man than I had been to Joe. (440) Thus Pip identifies himself as less of a gentleman than that of Joe and Magwitch, illustrating that he has come full circle, to acknowledging his faults in his perception of his status as a gentleman due to his wealth and education. Herbert represents who Pip could become. Despite his lack of wealth initially, he is every inch a gentleman and upon receiving money at the request of Pip, he starts his own law firm and builds a successful career for himself, thus fulfilling the desires that Pip believed he strove for. Pip chooses to misuse the wealth that is bestowed upon him, and it is after Pip learns the valuable lessons from Joe, Jaggers and Magwitch, that he realises that Herbert is the gentleman he aspires to become. While the irony of the source of Herbert’s wealth being indirectly from Pip is not unclear and certainly not unimportant, is it Pip’s realisation that it is not the source of wealth and status that makes one a gentleman, but the manner in which one’s character is displayed in the consequences of one’s actions. Pip learns to assume responsibility from his destiny from the success of Herbert. It is evident that valuable lessons about the character displayed in actions are prevalent in Great Expectations. Joe, Jaggers, Magwitch and Herbert (albeit not as forcefully) offer insight into the quality of one’s character as an internal embodiment of class. Jaggers fails to impress, whereas Magwitch and Joe display varying yet quintessential attributes of gentlemen. Herbert is the opposite pole to Jaggers, representing what Pip can become by embodying gentlemanly characteristics, rather than trying to live like one. Pip learns various aspects of the same intrinsic lesson from all these characters: that is it not the quality of the life of the man, but the quality of the man, that speaks of his character. Pip loses this sense during the course of the novel, and it is the interaction with these characters that gradually return him to a path of fulfilling his greatest expectations and dreams.
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