Thursday, November 28, 2019
An Arundel Tomb Essays
An Arundel Tomb Essays An Arundel Tomb Essay An Arundel Tomb Essay A poem in which the poet explores the significance of the passage of time is An Arundel Tomb by Philip Larkin. Larkin uses techniques such as, imagery and word choice to achieve this. Immediately, the title of the poem makes the reader consider the importance of the theme of time. An Arundel Tomb, when broken down to each single word the connotations are; An portraying only one; Arundel a town near Chichester in England where this tomb is actually present; and Tomb, the word tomb gives away the poem most because it makes you begin to think about how tombs are usually only for rich people and were mostly for people who were of some sort of royalty or importance and also the idea of death, people only go into the tomb after they have died. The people who the tomb was made for was an earl and countess which kind of proves the point about people being rich to afford a tomb. Similarly, the structure of the poem highlights Larkins concern with the passage of time, the poem is written in seven stanzas with an ABBCAC regular rhyme scheme. Each stanza is written in a neat way with every stanza having six lines. The neat structure of the poem mimics the way the effigies are lying still, next to each other, Side by side, their faces blurred The impression I get from the regular structure of the poem is that art can withstand the erosion of time, which connects to the passage of time which is the overall theme of this particular poem. Larkin also uses similes and metaphors to illuminate the passage of time, he uses the idea of relationship. Larkin also uses word choice and phrases such as clasped jointed and holding her hand to bring the point across that these people did love each other however , the idea of the lack of clarity is also emphasised therefore relationships are not always clear. Lack of clarity appears quite often in the poem, the first line of the poem reads to outsiders their faces blurred and then in the second line the word lie is written, these two words together make you think about it in a little more detail, that there faces are blurred because they arent telling the truth.
Monday, November 25, 2019
Academic content writing services Essays
Academic content writing services Essays Academic content writing services Essay Academic content writing services Essay Essay Topic: Academic Academic paper is a vital piece of any level of formal education yet it is important as well. Basically student can’t finish their academic content writing because of numerous issues like lack of time, absence of learning, unconscious from composing styles, trouble of other instructive errand and so forth. Yet composing is the best way to get accomplishes your objective in future, through elegantly composed academic papers, you can get high evaluations in your exams and get your craving predetermination. About all the students need help and help for finishing their scholastic paper ventures. Some taking mentor support, some taking school or college educator aid and some taking web and libraries help to finish their writing tasks, however the best and least demanding approach to get help is online scholastic written work aid firm. There are bunches of academic paper firm are working online for taking care of understudy issues and issues. The whole online academic written work firm is genuine and solid yet you ought to need to discover the most dependable and best paper administration for getting help. Before getting help and before putting request, you ought to need to check the organization profile like you can check its dependability, you can check surveys about the firm, you can stand up in comparison the cost of a few firms, additionally you can get some information about the author capability, experienced and its experience, this is imperative to think about the essayist. Next to this, you can ask numerous inquiries straightforwardly with the client help division in regards to organization profile. In the wake of knowing every single thing about the organization and complete fulfilment, you can purchase papers online from the web composing firm. All the online academic paper writing services s give you modified academic papers, so you can transform it as per your need and interest. Organizations give you modified papers to your help or as a kind of perspective. You have to audit and roll out improvements before submitting your paper. Scholastic paper firm gives custom composed papers as well as give written work support to build your paper capacity and aptitudes. They give you amazing and simple tips that how to compose well scholastic papers which is free from syntactic slips, unoriginality, content reference blunders and so on, in light of the fact that they needs to improve composing aptitudes of the student. Online sites like : http://academic-paper.co.uk/dissertation-writing is well known for providing academic content. Online academic paper firm knows the money related circumstance of the understudies, so they planned their value structure as per the reasonableness of understudy. Student must ask for the cheapest rate and all details to the written work firm and they give you elegantly composed affordable custom expositions inside the given due date. On the off chance that anyone needs composing help or need custom composed papers for their undertakings then you ought to need to contact with online academic written work firm in the event that you need to get great direction.
Thursday, November 21, 2019
History of women in the workforce Essay Example | Topics and Well Written Essays - 1000 words
History of women in the workforce - Essay Example This has precisely become a global phenomenon because they do not have access to equal opportunities. Following the lack of involvement of social entities, the feminine gender has found itself vulnerable to different detrimental factors such as diseases, physical abuse, emotional abuse and even sexual abuse. This paper, therefore, seeks to find and explore the role of women in the society and their vulnerability in an environment that is almost dominated by their opposite gender. Historically women have all through been highly faced with some obstacles that have been brought about by religious, cultural practices, ethnic background and sometimes abuse from their own spouses. Some conflicts have developed in the family relations with regard to gender. Arguably it is believed that behavioural norms have made gender roles vary from one culture to another In China, for example, women are treated as subordinates as opposed to their male counterparts. Therefore, they do not have any right that is supposedly supreme to that of their husbands or fathers. Different roles are set for them. For instance, collecting firewood and fetching water. Significantly the way gender roles are shared is partly attributed to the role that is being played by religion whereby, for example, in the Asian culture the women are highly forbidden in the holy places of worship especially when they are considered unclean due to some reason such as menstruation, ovulation and miscarriages (Hughes and Hughes 212). ... are considered unclean, and can, therefore, not stand in the pulpits or holy temples before they are secluded or sent to undergo thorough cleansing that is presided over by high priests. Significantly, this automatically depicts the men as clean. It also associates them with high divinity and high morals than their female counterparts hence bringing out the relations and differences between the two genders. Widespread discrimination is also another stumbling block before them. The way roles are distributed to women is partially attributed to religion and other social and cultural factors. Religion has been used to curtail the empowerment of women in society who are perceived as a weaker sex. Social-cultural factors such as societal taboos and traditions have also played a role in making women’s struggle for freedom a pipedream. Over the years, however, women have come out to claim their position in society. In the modern society, women have been able to crush the traditional n utshell and have been able to unleash their potential to the society. Women have managed to work in different disciplines like medicine, sports activities, art and even education. This is not only a comfort, but also a stepping stone to them since men continue to dominate the lucrative upper and better paying jobs in the government and other areas whereas, on the other hand, the women are not given full equal opportunities and rights like their opposite gender. They have little or no say at all in even the ownership of property because they are considered to be their husband’s property. Gender and sexuality are also taking a rather intriguing direction. Almost all religions have come up with a development that covers issues on sexuality and ethics. The society tends to look down upon the
Wednesday, November 20, 2019
Google or Yahoo Essay Example | Topics and Well Written Essays - 1250 words
Google or Yahoo - Essay Example The following figure proves the above stated argument: Figure 1: Over-diversified features of Yahoo versus simple and focused features of Google (Ong, 2011) The lack of a consistent vision of Yahoo prevails even in the present times. Ray (2010) shared useful information regarding their frequent changes in the mission statement on their official website; the definition of their service has been changed into various things like internet navigational service, online media company etc in the past few years. The achievement of Google’s foremost business goal of maintaining the best search engine has been enough to steal the web visitors of Yahoo. Google’s simplicity and focused vision wins them the edge over the over-diversified aims of Yahoo. Google launched other web services like Gmail, Google Maps, Google Earth etc after they had perfected their core competency of search engine service. 2.2 Better Service and Storage Space of Webmail Service Google launched their webmail service in 2004 when they announced the Gmail service. At that time, Yahoo and other companies were already providing webmail services that offered free limited data storage of about 10MB; any greater amount of storage was charged. Google electrified the market with their first mover’s advantage of offering 1GB storage space. Along with the credit of first mover’s advantage, Biggs (2007) stated that Gmail is considered to be much faster than Yahoo mail. Yahoo has imitated the strategy of offering greater data storage to their clients but has failed to earn back the web users who migrated to Gmail. The following table highlights some valuable facts regarding the dominance of Gmail over Yahoo... After conducting an extensive study of the prevailing market share, features and services of Yahoo and Google, it can be concluded that Google gains a competitive advantage over Yahoo. Google has been able to increase their products and services over an elongated period of time by perfecting each one of them before stepping into newer domains. On the contrary, over diversified efforts and lack of a consistent vision has caused Yahoo’s efforts to be diverted in a wide range of services. Gmail offers greater storage and speed performance as compared to Yahoo mail. Google Adwords is based on more reliable and rewarding marketing strategies that help their clients to gain greater return on their investments. Greater coverage of Google helps their clients to cover a greater segment of web users.
Monday, November 18, 2019
H Assignment Example | Topics and Well Written Essays - 500 words
H - Assignment Example This includes: It is important to ensure that you stay away from carbon monoxide dense areas, for instance near factories that emit toxic gases, near vehicle exhaust pipes and other cigarette smokers. It is crucial to consider staying safe as this reduces your chances of getting back to smoking and helps you reduce continuous intoxication. Avoiding these areas will help in ensuring that the lung cleaning process is successful. It is important to eat healthy foods and also consider taking lots of fruits especially pineapples. Pineapple is a fruit that contains an essential component known as Bromelin which helps in cleaning the lungs and further for enhancing free supply of oxygen. After consuming the pineapples, you will take in deeper breaths thus boost the elastic limits of your lungs. It is important to weigh up the eating patterns and make adjustments on the diet when needed. There are a lot of healthy foods to eat in the present day and live healthy as much as foods that improve the performance of the lungs are essential. There are spices and herbal medicines that play a major role in cleansing the lungs which include rosemary, avocados, thyme, cayenne, horseradish and ginger. These are food complements that can be served or prepared with other food. On the other hand, it is also advisable to seek medical advice or guidance from a qualified nutritionist on what to eat in order to successfully cleanse the lungs. Engaging in workout programs has never been so helpful than it is in cleansing the lungs. Long term smokers are always advised to begin with less strenuous exercises or small amounts of work outs that multiplies as time goes by. This is because, during the exercises, it is possible to note the increase in Phlegm and mucus in the lungs. This will be enhanced especially by coughing. This is the greatest part of exercise programs as the lungs biologically try to remove the toxic substances. Over and above, it is advisable to ensure
Friday, November 15, 2019
Chirnside v Fay
Chirnside v Fay I Introduction On 6 September 2006 the Supreme Court released its important and controversial judgment in Chirnside v Fay . Elias CJ and Tipping and Blanchard JJ took very different approaches to the issue of whether or not to grant an equitable allowance to the defendant. This essays primary aim is to provide a detailed description of their Honours differing opinions as to that issue and also outline the authors own opinion as to what approach should be adopted. This essay starts with a brief description of the fact situation and the general law behind equitable allowances. It then describes the differing approaches taken in Chirnside . Next, the author makes a principled argument that the broad approach should be preferred when considering whether or not to grant an allowance. II Analysis of Chirnside v Fay A Fact Situation The plaintiff, Mr Fay (MF), and the defendant, Mr Chirnside (MC), were both property developers. They had known each other since the early 1980s and in 1997 decided to enter into a project together in respect of an old building. They had Harvey Norman (HN) in mind as the potential anchor tenant. Although MF made the initial contact with HN MC became almost solely responsible for dealing with them and entered into a conditional contract in his name only. HN made the final commitment to the project on 7 July 2000. By that time MC had gone cold on MF, largely due to his limited involvement. Instead of telling MF this MC intended to complete all the transactions through Rattray Ltd while convincing MF that he himself was no longer involved. MF argued that there had been a partnership and that he was entitled to proceeds, which was denied by MC. The project was ultimately completed. MF sued. By the time this case got to the Supreme Court the only viable cause of action that MF had was breach of fiduciary duty. The Supreme Court was unanimous in finding that MC had breached his fiduciary obligations. B Equitable Allowance There is a presumptive requirement that once a breach of fiduciary duty has been established the errant fiduciary must disgorge all profits made by dint of the breach. That is commonly referred to as the no-profit rule. There are two main exceptions to that rule. The first is where there has been some antecedent agreement for profit sharing. The second is where the court decides to exercise its discretion to grant the errant fiduciary an allowance for their skill, labour or expertise in making the profits. The onus is on the defendant to satisfy the court that an allowance should be made. In Chirnside there was an antecedent profit-sharing arrangement between the parties. Because of that agreement MC was entitled to a deduction of 50 per cent to the amount he had to account to MF. In addition to that, MC argued that he was entitled to an allowance due to the effort he exerted in gaining the profit from the joint venture. There were two different approaches taken to this issue both in regards to the actual law itself and the application of it. 1 Elias CJ Elias CJ took a strict approach to the issue of when an allowance should be granted. Her Honours main point was that allowances should remain exceptional, as Lord Templeman and Lord Goff in Guinness Plc v Saunders suggested they should be. She expressed the view that an allowance should generally only be permitted if the fiduciarys breach was wholly innocent and the beneficiary was-wholly undeserving, as in Boardman v Phipps . She accepted, however, that there had been cases where allowances had been granted despite the fiduciary not being blameless. She was of the opinion that the allowances were granted in such cases due to the fiduciary creating extraordinary profits outside the scope of what was envisaged in the fiduciary relationship while not having committed any significant wrongdoing. To evidence this point she analysed the cases of OSullivan v Management Agency , Estate Realties v Wignall , Badfinger Music v Evans , and Say-Dee v Farah Constructions . She suggested that in t hose cases the fiduciary had created substantial and unexpected profits and in most of them the wrongdoing was mere non-disclosure, which supported her proposition. Thus, she was of the view that an allowance could only be granted here if MC could show that he was wholly innocent and MF was-wholly undeserving or that he created extraordinary profits, essentially outside the scope of the fiduciary undertaking, while not having committed any significant wrongdoing. She then applied that reasoning to the facts. She held that MC had committed significant wrongdoing because by actively concealing his breach of duty at a vital time he had directly undermined the obligation of loyalty which is the cornerstone fiduciary obligation. Moreover, she was of the opinion that the work which MC had done was expected of him and thus was within the scope of the joint venture giving rise to the fiduciary obligations. Based on those two findings she denied MC an allowance. She did, however, make two additional points. Firstly, she saw no significance in the fact that MCs work had been undertaken before he had committed the breach because he was required to account for all profits made through the opportunities he obtained as a fiduciary which covered the whole joint venture. Secondly, the fact that MC was entitled to a 50 per cent deduction by dint of the antecedent agreement was important to her because she felt that if an allowance were to be granted he would essentially be receiving the full benefit he might have expected had he been wholly loyal which would significantly undermine the obligation of loyalty. 2 Tipping and Blanchard JJ Tipping and Blanchard JJ took a broad approach to the issue of when an allowance should be granted. They expressed the view that what a court should consider is whether, on the overall balance of the equities between the parties, it is fair and just to grant an allowance. In considering that, all the relevant circumstances must be taken into account. The essence of this exercise was to come to a fair conclusion as to what the fiduciary had to account. Thus, unlike Elias CJ they were of the opinion that the significance of the defendants breach and the personal input that they put into creating the profits were only factors to be taken into account rather than criteria that had to be satisfied. However, they did emphasise the need for restraint when calculating the amount of an allowance. That is, they expressed the view that the amount of allowances should generally not be liberal in order to deter others from committing breaches of fiduciary duty. Their main authority for this appro ach was OSullivan , Warman International , Estate Realities , and Murad v Al-Saraj . They analysed Saunders , which was a crucial case for Elias CJ, and distinguished it based on the finding that the obligations in that case were expressly accepted whereas in this case the obligations were imposed. They stated that it would be unfair and conflict with the pillars of equity to apply such a strict approach as was done in Saunders in a case such as this. They then applied that reasoning to the facts. There were four key factors which led to them ruling that it was fair and just to grant MC an allowance. Firstly, they held that MCs breach was not significant because it was not fraudulent or dishonest and MC genuinely believed he was entitled to act as he did. Secondly, they held that most of MCs work was done prior to his breach of duty and as such the breach did not facilitate in any way the making of the relevant profit. This was relevant to them because due to that ruling there could be no suggestion in their minds that by granting an allowance the fiduciary relationship would be undermined by encouraging fiduciaries to act in breach of duty. Thirdly, they held that MC had contributed far more effort in bringing the joint venture to profit than MF. In particular, MC had incurred all legal and financial liability and engaged in most of the negotiations with HN on his own. Fourthly, had the project been completed with MF then it was clear that he would have agreed to recognise MCs disproportionate contribution in a reasonable way which would have probably included an element of disproportionate profit sharing. Having found that an allowance was suitable they then exercised restraint in calculating the amount of the allowance, which they ultimately considered to-be $100,000. 3 Conclusion Thus, the key distinction between these two approaches is that while Elias CJ believed it was necessary to keep allowances exceptional by adopting a strict approach based on general elements Tipping and Blanchard JJ considered the issue by asking a much broader question based on notions of fairness. III Authors Opinion as to the Appropriate Approach to Allowances Every court of equity has the broad aim of doing justice between the parties. Indeed, equity was originally developed in order to address the injustices that resulted from the strict application of common law rules and since then it has been consistently stated that equitable remedies must be fashioned to fit the nature of the case and its particular facts. It would be more consistent with these broad goals for the decision of whether to grant an allowance to not be based on general rules but rather on an overall assessment of the particular facts and the merits and claims of the defendant. That is because a court is much more able to come to a decision that is fair between the parties if it is able to take account of all the circumstances of the case and not be limited to discussing a couple of general issues as courts that adopt the strict approach are. While the major issues in deciding whether to grant an allowance will often be the moral blameworthiness of the defendant and the personal input that they put into creating the profits, which are the two issues addressed under the strict approach, there are other important issues that can only be properly taken into account under a broad approach. For example, the circumstances in which the breach occurred , the circumstances in which the gains or profits were derived , the beneficiarys reliance on the fiduciarys involvement in the arrangement , and the extent to which the defendant has already been compensated through professional fees . The case of Chirnside illustrates this point that in taking a broad approach the court is more likely to come to a decision that is fair and just. In Chirnside it was clear that although the plaintiff had breached his fiduciary obligations it would be unfair if he was not granted an allowance. That was because the defendant had almost singlehandedly brought the joint venture to profit and the plaintiff was originally going to compensate him for his significant efforts. Elias CJ took a strict approach to the case and due to its rigid nature she was unable to do justice between the parties. However, in taking a broad approach the main judgment was able to take account of all the circumstances and reach a fair and just decision. Thus, courts should use the broad approach because they will be more able to reach fair and just decisions and be more in line with foundational aspects of equity. Furthermore, a broad approach is more consistent with the important equitable maxim of he who seeks equity must do equity. That is, under a broad approach the court will always be able to recognise whether the profits to which the beneficiary is entitled are in the nature of a windfall and as such rule that the beneficiary should provide some recompense for the work that has produced it because equity is not in the business of unjustly enriching plaintiffs. Furthermore, the broad approach is a lot more flexible than the stricter approach and as Tipping J stated in Chirnside it is undesirable to adopt rigid equitable approaches unless the justification for such an approach is compelling. The reason for that is that one of the foundational aspects of equity was its remedial flexibility in that it was first developed to address the rigour and rigidity of the common law. The way in which one typically makes such an argument is to suggest that the rigidity of the stricter approach tends towards much greater certainty, which is particularly desirable due to the significant vulnerability and broad liability involved in the application of the approach, and as such it is necessary in the overall interests of justice to adopt a rigid approach. In this case, while adopting the stricter approach would create more certainty it is not particularly important to do so here because the burden of proof is on defendants who will have breached some of thei r obligations and allowances are usually modest. Accordingly, there is no compelling reason in this regard to adopt a stricter approach. An argument that is frequently postulated in favour of a stricter approach is that such an approach will be more effective in deterring fiduciaries from acting in breach of their duties. It seems farfetched to suggest that a defaulting fiduciary will not engage in certain behaviour for fear that it will be unremunerated. Indeed, many cases show that a fiduciary will engage in conduct in breach of duty regardless of the potential sanction. Moreover, if equitys true goal was deterrence then a defaulting trustee would not be allowed to retain a proportion of the profit made from acquiring an asset with mixed funds. Also, courts that adopt the broad approach still pay regard to this concern by exercising restraint when they calculate the allowance. Thus, it seems unsound to not adopt a broad approach based on notions of deterrence. It is sometimes argued that allowances should never be granted because the making of an allowance means that there is no sanction for the defendants conduct. This argument is ill-conceived. The purpose of an allowance is to properly fix compensation or damages on the basis of disgorgement of profits properly analysed, not to apply a sanction or punishment for the breach of duty. Conclusion In conclusion, it is clear that the approaches taken by Elias CJ and Tipping and Blanchard JJ are very distinct and will reasonably frequently lead to differing results, as in Chirnside itself. It is this authors opinion that the broad approach used by Tipping and Blanchard JJ is the more appropriate approach because it is more in line with foundational aspects of equity and the arguments in favour of the strict approach are not compelling enough to go against that. Given the main judgment in Chirnside , and Estate Realities , it is likely that the broad approach will be used in New Zealand for the foreseeable future.
Wednesday, November 13, 2019
Presidential Power :: essays research papers
Richard E. Neustadt, the author of Presidential Power, addresses the politics of leadership and how the citizens of the United States rate the performance of the president's term. We measure his leadership by saying that he is either "weak or "strong" and Neustadt argues that we have the right to do so, because his office has become the focal point of politics and policy in our political system. Neustadt brings to light three main points: how we measure the president, his strategy of presidential influence, and how to study them both. Today we deal with the President himself and with his influence on government action. The president now includes about 2000 men and women, the president is only one of them, but his performance can not be measured without focusing on himself. Richard Neustadt today is a professor of politics and has written many books on subjects pertaining to government and the inter workings of governments. He has many years of personal experience working with the government along with the knowledge of what makes a president powerful. He has worked under President Truman, Kennedy and Johnson. His credibility of politics has enhanced his respect in the field of politics. His works are studied in many Universities and he is considered well versed in his opinions of many different presidents. It is true that he seems to use Truman and Eisenhower as the main examples in this book and does show the reader the mistakes he believes were made along the way in achieving power. Neustagt begins with President Franklin D. Roosevelt, whom he believes is the one president that knew how best to yield his power. He uses other examples throughout the book of Presidents from FDR to Reagan and endeavors to show the reader the ways in which power and persuasion was used in order for the presidents too perform at the best of their ability and still retain the power to persuade in order to govern the country and appease the public. Neustadt points out to the reader his opinion of the ways the president power is seen by others and how affective it is when certain strategies are applied correctly.
Subscribe to:
Posts (Atom)