Language contact is one the most researched social science problem in the modern society. There has been a need to explain the events that always take place during such interactions, and their possible outcome. According to Baker and Hengeveld (2012), when there is an interaction between two or more communities, it is likely that the language spoken by the dominant group will prevail over other smaller spoken languages.
A linguistic diglossic relationship will develop especially when two or more languages have almost similar number of speakers (Rosenberg 2003). Analyzing this relationship among children can be very interesting because the barrier in language will not stop them from the urge to interact and play together.
This analysis will also give a true result of this relationship because children would talk freely without fear of ridicule from peers. In this study, the focus was on the experience of international students at CBU bringing up their young children in Cape Breton in an English dominant environment.
This study was conducted within a small location with a high number of international students within Cape Breton. The focus was to determine the result of the interaction of different languages that these young children had learnt as their first languages. According to Baker and Hengeveld (2012), young children have a higher ability to learn a foreign language than the older people.
This is partly attributed to their aggressiveness in trying to understand a foreign language by making several mistakes and learning from these mistakes. One thing that was observed was that, in this community, the first language for these young children was numerous. This population had Africans, Arabs, Indians, Portuguese, Chinese and European. The language was so diverse that it was difficult for the children to learn all of them.
During the initial interactions of these young children with varying languages, it was interesting to witness their manner of speech. Most of the communication was done using sign language. One child would issue an instruction in its mother tongue only for the other party to respond in a different language. Although this phenomenon was a little shocking to them, they easily adapted to it.
It was witnessed that these young children would try to pick some words from other parties that were commonly used in order to make the communication easier. However, their language gradually converged to English because of a number of factors. According to Baker and Hengeveld (2012) children are great learners and they would be attentive to observe environmental factors that affect them directly. It would be interesting to analyze why the language of these children shifted from their mother tongue to English.
According to the research by Baker and Hengeveld (2012), a dominant language will always eclipse other minor languages in case of language interactions. This scholar says people would find it easy adopting the dominant language, especially if it is the language of the natives.
This is what took place in this particular case. When these children went playing as a group, one common language that was coming out was English. Some of these children had already learnt English besides their mother tongue out of their parents initiatives. When they realized that some of their peers could understand English, they considered switching from their first language to this common language.
This forced those who could not learn English to make an effort and learn the language. Some of the words that were learnt within a short period of interaction included ball, shoot, friend, run, and thank you. These were words that were common during such games. There were instances when some of these children engaged in what one would consider a learning process. A child would be seen explaining some words to its peer so that they could communicate effectively. This played a great role in helping them understand this language.
The communication between these children at school, in the playing field, or at home also played a major role in enhancing their knowledge of English. In their preparatory school, the language that was used by the teachers was English. This means that these children had to understand this language. Such interactions also made them realize that this English was the right language to be used in social forums.
In the playing fields, these young children interacted with adults who were giving those instructions, guidance, or other such interactions. Their communication would be made in English. This was a further pointer to these youngsters that this was the language for all social forums. Finally, the interaction with their parents and family friends back at home also played a major role in making them shift from their mother tongue to English.
For instance, Arab child would be greeted by a Chinese family friend in English. At first, the child will take time to respond based on the guidance of the parents. However, they would slowly come to understand that this is the language they should speak in their everyday life. As Rosenberg (2003) observes, it is common for such children to forget their mother tongue, unless their parents decides to engage them actively in their language as they develop.
References
Baker, A., & Hengeveld, K. (2012). Linguistics: The basics. Malden, MA: John Wiley & Sons.
Rosenberg, M. B. (2003). Nonviolent communication: A language of life. Encinitas, CA: PuddleDancer Press.
Historians and folklorists have argued that myths contain coded or symbolic insights into the human condition. Some of the common features of the human condition include destiny, love, hatred, human relationship with the divine , and association with the natural world. In most of the Greek mythologies, these aspects of the human condition are widely explored thus helping readers understand the cultural and historical backgrounds of such societies.
As the reader explores the idea of divinity throughout most of the Greek mythologies and epics, it becomes clear that there is a strong connection between the people of Greece and their gods thus making it easier for the two to manipulate one another. This discussion explores the issue of mans relationship with the divine and treats it as a basic feature of the human condition.
Mans Relationship with the Divine
The Iliad begins by explaining how the clash between Agamemnon, the greatest Greek warlord, and Achilles began. The author writes Achilles is godlike [1]. This explores the relationship between human beings and the gods. The Greeks considered their gods as holy or sacred. Their superiority and powers explained why the people developed the best relationship with their gods. It is agreeable that most of the Greek heroes in different works of literature had their ancestry connected to one or more gods.
According to Homer, most of the poleis and leaders governing different cities and states in ancient Greece had their patron goddesses or gods. There are significant stories detailing the nature of the relationship existing between the heroes and their patron-gods . With such kind of connection, the heroes in the cities and states became powerful. As well, there were conflicts between the gods and humans beings. Apollo was Zeus son. Agamemnon, who was Greeks warlord, offended Apollo[2].
It would also be notable that most of the inhabitants in different states and cities in ancient Greece believed that they were descendants of a patron god . The works also present a unique sense of pride between the individuals and their gods or goddesses. The portrayal in different poems and epics support this connection between human beings and the divine . This kind of relationship between the people of Greece and their gods is evident in the Iliad and the Odyssey.
It is notable that divine intervention was always an important aspect of ancient Greek theories and literature. Most of the myths presented in the works present magical connections between gods and the citizens of Greece. In the Greek mythologies, the gods play a significant role in the experiences, fates, and lives of the people. It is also notable that Zeus brought the Trojans and Hector to the Greeks ships and left the fighters to their own misery[3].
One of the outstanding goddess who portrays this kind of human condition between individuals and the divine is Athena. The great goddess by the name Athena is the daughter of Zeus. With her powers and capabilities, Athena is able to determine every persons life across the country.
In the Iliad and the Odyssey by Homer, it becomes clear that the goddess is strongly involved in the lives of the people. At times, she goes ahead to assume leadership in order to control the lives and experiences of different protagonists in different Greek myths and epics.
When there is a tussle between Agamemnon and Achilles in the Iliad , the goddess intervenes by warning Achilles about the dangers of his personal rage. The goddess promises to give Achilles a present if he manages to control his pain and anger. This explains why the goddess portrays a classic connection between individuals and their gods.
The goddess also pays Diomedes a visit to give him strength and powers so that he can become victorious. As well, Achilles prays to his mother by saying, mother, since you bore me for only a short life, Zeus was to grant me favor honor and favor[4]. This shows this kind of connection between humans and the divine.
As well, it is evident from the mythologies that the Trojan War was not mainly a dispute between human beings. The war was another example trying to show an important aspect of the human condition.
It was a sign of the ensuing dispute among the gods and their ability to control or relate with human beings . In the Ovid , Pygmalion went to the temple in order to make a sacrifice to Venus. He prayed to get a woman to wed. As well, the author indicates that that another god by the name Venus knew what Pygmalion was thinking about and was pleased with the prayers[5].
It is also notable that the relationship between humans and the divine played a significant role towards the establishment of the society. Both men and gods were encouraged to work together and sometimes understand each other. More often than not, men were supposed to seek guidance and favor from their gods. As well, the gods used different men in the Greek epics and mythologies to realize their goals and objectives. The gods carefully coordinated the success of most of the heroes in the Greek epics and mythologies.
This explains why the relationship between the two is critical. Although the heroes are more or less the same as the other normal men in the society, they have better connections with their gods. As they work hard in an attempt to achieve their goals, they consider the needs of their gods. They constantly wish and hope that the divine would always stand on their sides and support their missions.
In Greek mythologies, there is a unique relationship between human beings and the divine as observed in the Iliad and the Odyssey. In these folktales, it becomes evident that the gods played a significant role towards determining the experience and future of most of the heroes and other citizens.
Although man has to encounter numerous challenges and pains unlike the gods, the relationship plays a significant role towards exploring the nature of the human condition[6]. The gods appear to take out their pains and anger actively. As a result, they have to use men in order to show their pain. This eventually determines the kind of life led by the people of Greece.
Conclusion
The idea of divinity is evident throughout most of the Greek mythologies and epics. That being the case, it becomes clear that there is a strong connection between the people and their gods thus manipulating one another. Most of people in the Greek epics and mythologies explain how the society established unique relationships with their gods.
These myths therefore manage to present symbolic insights into the human condition . These examples are worth considering because they help the reader understand how the question of beliefs and human faith plays a significant role towards the establishment of a given society.
Bibliography
Homer. The Essential Homer. Translated by Stanley Lombardo. Indianapolis: Hackett Publishing Company, 2000.
Ovid. The Metamorphoses of Ovid. Translated by David Slavitt. Baltimore: Johns Hopkins Press, 1994.
Footnotes
Homer, The Essential Homer, trans. Stanley Lombardo (Indianapolis: Hackett Publishing Company, 2000), 1.
Homer, The Essential Homer, trans. Stanley Lombardo (Indianapolis: Hackett Publishing Company, 2000), 1.
Homer, The Essential Homer, trans. Stanley Lombardo (Indianapolis: Hackett Publishing Company, 2000), 130.
Homer, The Essential Homer, trans. Stanley Lombardo (Indianapolis: Hackett Publishing Company, 2000), 12.
Ovid, The Metamorphoses of Ovid, trans. David Slavitt (Baltimore: Johns Hopkins Press, 1994), 202.
In Song of the Factory Worker, the poet uses mostly imagery and personification of a building to communicate her feelings. However, these fall short, because she does not follow up her images and does not continue with what might have been very powerful metaphors. The title is a prime example, because the poem bears no resemblance to a song. We are not told why it should be read as a song, and we do not hear it. We do hear sounds, but they have little meaning and less emotional content. They seem rather sterile. She could be referring to the songs of the factory workers she mentions as something she will miss, but then the title should be changed.
The author calls the building a vampire and says it will draw her back to it, and that others have fallen under its spell, sewing their lives away . However, she does not carry through on this powerful metaphor, which she expresses as the less powerful simile, but drops it in an attempt to capture sounds for the song. These are supposed to represent things which will draw her back, but the only sound which seems to have any emotional content is the happy laughter of girls .
The imagery in the beginning of the red brick building with many windows is not used for anything else, except as a name and a closure at the end. This could be a really strong image. What do the windows look like? Are they clean or dirty? Are they the vacant eyes of this building? Can the workers see out of them, and if yes, what do they see and how do they feel about it. I think this poet lost what might have been a very powerful poem to the minimalism of post modernist style (Post modernism definition ). It simply seems that she could have done a lot more with these images.
Deborah Boe shows us what can be done with such a theme as factory work. She builds a powerful picture of a female factory worker through what she says. She begins with the image of the worker standing all day over the hot glue machine. We cannot imagine what that is like until she tells us. We feel her power when she says that she make the metal shanks lie down on the shoe bottoms. Then she follows that up with a quick explanation of her power: Its simple, but the lasts weigh, give you big arms.
The next couple of lines tell us not only about her power, but something about her culture and class: If I hit my boyfriend now, in the supermarket parking lot, he knows I hit him. Following this striking image we see another powerful image of the dangers of the work as she tells us that Phyllis had long hair before the glue machine got it. Then she tells up about the time the machine ate up her shirt. She follows this with a statement how it is a good thing that people leave you alone and dont ask what youre thinking.
The narrators thoughts are about the death of her grandpa that week and how she feels that his sould has moved into the apartment. She describes eggs falling and a lamp breaking. The poet communicate the superstitious nature of the narrator and the stress of her very ordinary life. Finally we understand this very [powerful character when she explains how her company had a contest of workers to sort out layoffs. One really special line has echoes of old tongue twisters from childhood: to see which shankers shanked fastest It serves first to set a new mood and then to remind us of the rhythm of her work. It also forces us to slow down and she follows that with a simple statement that she is not embarrassed to have won. Now we know that she will not be laid off. This is calming and she slips into contemplating the autumn turning of the leaves and the coming of winter. The final line is extremely powerful, but its power is not in the words, but in what they evoke: you begin to see your breath rise out of you like your own ghost each morning you come here.
Each reader will react to this differently, but it has a chilling effect on all.
This poet has successfully used imagery of an ordinary person to make really powerful observations about our lives, our culture and our myriad blessings, as those who read this are indeed better off than this factory worker. Though we may not be any happier. The poets line spacing is inspired. It governs the pace and emphasizes certain words, such as isolating got it when she talks about the machine getting Phylliss long hair. She does the same thing with the next few sentences, spacing them so that we center on the chilling images of this machine that eats things, like hair, shirts and maybe parts of people. This also adds power to the last part when she says that she almost doesnt need to look at what she is doing.
In Factory Jungle Jim Daniels starts off with a really serious train of thought about the danger of the machine the narrator works. We see him daydreaming about the ropes shining down and we understand that he is talking about sunbeams on dusty air. He says they are the sun on its way to the time clock. This is a way of showing that they can see the time by the changes in light. He gives us one line that is a bit curious: My veins fill with welding flux. After he tells us that he feels like he doesnt belong there he explains where it is, behind the biggest press in the plant. We understand the earlier line about the welding flux then and we get an image of some huge welding machine he runs (Hot press factory hot press factory limited and more (such as hot press factory,press in nut factory,press grill factory) ). He thinks about what that mad elephant could do to a hand.
We understand now that his job is both boring and dangerous, a formidable combination, since boredom does not contribute to alertness. The next few lines are absolutely hilarious as we get a very strong image of him grabbing a light rope and swinging around the plant, making people think they are seeing things, up higher than the cage in the overhead crane, throwing off all his work gear and flying out of the plant to freedom. When we come back to reality, the parts are building up in the rack, but he pauses anyway to rip open his coveralls and give out with a Tarzan yell which goes unheard in the noise, though he yells as loud as he can. This section is both delightful and informative. We understand how he feels trapped, and the words the poet uses to create these wonderful images are quite ordinary, but the resulting images raise adrenaline as we read. This is a powerful use of ordinary words.
These three poets each have a different way to express their thought about factory work, and two of them succeed admirably in creating something that resounds in the reader. Perhaps factory work is not a good subject for post modernist writing, since it is, itself, a post modernist horror. Of course, it is also safer now than in the past, so maybe it really is not a good subject for most modern poets. The horrors of nineteenth century factories are laid out is absolutely teeth gnashing detail in Henry Morleys prose poem, Ground in the Mill, as he describes how children in factory work are killed by the machines. (Freedgood 261)
References
Hot press factory hot press factory limited and more (such as hot press factory,press in nut factory,press grill factory). Web.
Post modernism definition. Web.
Freedgood, E. (Ed.). (2003). Factory Production in Nineteenth-Century Britain. New York: Oxford University Press.
Parents and children are generations with a significant age difference between them. That is why, throughout their lives, their views on many issues differ. It is arranged by nature that mothers and fathers, due to their experience and age, have the opportunity to protect their children from the surrounding difficulties, to guard against mistakes, and to protect, educate and help them from childhood. From an early age, the child does not just get used to his parents but considers himself one with them, a family. Ideal families are those in which there is mutual understanding between children and their mentors. This essay will compare and contrast the attitudes of children toward their parents and parents to their children using the examples from two literary works.
An example of a rather complicated father-son relationship is the characters in William Faulkners book Barn Burning. The book is based on the story of a farmer and his family, who, due to the problematic nature of the head of the family, are forced to change their place of residence: None of them ever did or ever asked, because it was always somewhere& (Faulkner 3). Sarty, Abners son, knows that when they arrive at a new place, where it would seem that life can improve, his father will spoil relations with his employer and set fire to his barn. One night, the father hits his son with the flat of his hand on the side of the head (Faulkner 4). The father instructs the son to study, that he should be a man, and that the family is the most important thing for any person. This is what makes Sarty think about why he should stay with his family.
At the end of the story, Sarty believes that his father is dead, although the author does not answer this, leaving the reader to imagine it for himself. The boy thinks of his father in the past tense. He was brave! (Faulkner 14). Son loved his father but was willing to let go and go his own way. After many attempts to think about staying with his family, Abner caused too much damage for Sarty to forgive him. He did not want to grow up and become a father, and he made the right choice and left.
Another example of the relationship between parents and children is the work Amy Tans Rules of the Game. This story tells a situation where a girl achieved success in chess, and her mother was so proud of her that she walked down the street and told everyone about her daughter. Every day, the mother taught her daughter and sons various truths, so that they would have the opportunity to rise above the prevailing circumstances (Tan 1). Moreover, this work clearly describes the mothers care for her children. She tried to be a good mother to them. In addition to the advice that she gave to the children, she wanted to feed them well. She was happy with her daughters victories in chess tournaments. In comparison to the work of William Faulkner, Tan described a more caring parent, but a less grateful child.
The girl was not happy that the mother was genuinely proud of her childs success, showing it to everyone on the streets. I wish you wouldnt do that, telling everybody Im your daughter (Tan 5). This behavior of the daughter very upset the mother, and later it spoiled their relationship. The author concludes his work when the girl lies in her room and thinks about the next move: the author did not disclose their further relationship with her mother.
In conclusion, both authors presented the relationship between parents and children. In the work of William Faulkner, a child who was often beaten by his father and treated unfairly loves his father, although he does not want to be like him. In the work of Ami Tan, the girl is arrogant and arrogant to the mother who is sincerely proud of her daughter. The difference lies precisely in the loving attitude of the child to the parents, who could give him little, and in the ungrateful and disrespectful attitude of the other child to the mother, who sincerely cares and loves her daughter.
Historians and folklorists have argued that myths contain coded or symbolic insights into the human condition. Some of the common features of the human condition include destiny, love, hatred, human relationship with the divine , and association with the natural world. In most of the Greek mythologies, these aspects of the human condition are widely explored thus helping readers understand the cultural and historical backgrounds of such societies.
As the reader explores the idea of divinity throughout most of the Greek mythologies and epics, it becomes clear that there is a strong connection between the people of Greece and their gods thus making it easier for the two to manipulate one another. This discussion explores the issue of mans relationship with the divine and treats it as a basic feature of the human condition.
Mans Relationship with the Divine
The Iliad begins by explaining how the clash between Agamemnon, the greatest Greek warlord, and Achilles began. The author writes Achilles is godlike [1]. This explores the relationship between human beings and the gods. The Greeks considered their gods as holy or sacred. Their superiority and powers explained why the people developed the best relationship with their gods. It is agreeable that most of the Greek heroes in different works of literature had their ancestry connected to one or more gods.
According to Homer, most of the poleis and leaders governing different cities and states in ancient Greece had their patron goddesses or gods. There are significant stories detailing the nature of the relationship existing between the heroes and their patron-gods . With such kind of connection, the heroes in the cities and states became powerful. As well, there were conflicts between the gods and humans beings. Apollo was Zeus son. Agamemnon, who was Greeks warlord, offended Apollo[2].
It would also be notable that most of the inhabitants in different states and cities in ancient Greece believed that they were descendants of a patron god . The works also present a unique sense of pride between the individuals and their gods or goddesses. The portrayal in different poems and epics support this connection between human beings and the divine . This kind of relationship between the people of Greece and their gods is evident in the Iliad and the Odyssey.
It is notable that divine intervention was always an important aspect of ancient Greek theories and literature. Most of the myths presented in the works present magical connections between gods and the citizens of Greece. In the Greek mythologies, the gods play a significant role in the experiences, fates, and lives of the people. It is also notable that Zeus brought the Trojans and Hector to the Greeks ships and left the fighters to their own misery[3].
One of the outstanding goddess who portrays this kind of human condition between individuals and the divine is Athena. The great goddess by the name Athena is the daughter of Zeus. With her powers and capabilities, Athena is able to determine every persons life across the country.
In the Iliad and the Odyssey by Homer, it becomes clear that the goddess is strongly involved in the lives of the people. At times, she goes ahead to assume leadership in order to control the lives and experiences of different protagonists in different Greek myths and epics.
When there is a tussle between Agamemnon and Achilles in the Iliad , the goddess intervenes by warning Achilles about the dangers of his personal rage. The goddess promises to give Achilles a present if he manages to control his pain and anger. This explains why the goddess portrays a classic connection between individuals and their gods.
The goddess also pays Diomedes a visit to give him strength and powers so that he can become victorious. As well, Achilles prays to his mother by saying, mother, since you bore me for only a short life, Zeus was to grant me favor honor and favor[4]. This shows this kind of connection between humans and the divine.
As well, it is evident from the mythologies that the Trojan War was not mainly a dispute between human beings. The war was another example trying to show an important aspect of the human condition.
It was a sign of the ensuing dispute among the gods and their ability to control or relate with human beings . In the Ovid , Pygmalion went to the temple in order to make a sacrifice to Venus. He prayed to get a woman to wed. As well, the author indicates that that another god by the name Venus knew what Pygmalion was thinking about and was pleased with the prayers[5].
It is also notable that the relationship between humans and the divine played a significant role towards the establishment of the society. Both men and gods were encouraged to work together and sometimes understand each other. More often than not, men were supposed to seek guidance and favor from their gods. As well, the gods used different men in the Greek epics and mythologies to realize their goals and objectives. The gods carefully coordinated the success of most of the heroes in the Greek epics and mythologies.
This explains why the relationship between the two is critical. Although the heroes are more or less the same as the other normal men in the society, they have better connections with their gods. As they work hard in an attempt to achieve their goals, they consider the needs of their gods. They constantly wish and hope that the divine would always stand on their sides and support their missions.
In Greek mythologies, there is a unique relationship between human beings and the divine as observed in the Iliad and the Odyssey. In these folktales, it becomes evident that the gods played a significant role towards determining the experience and future of most of the heroes and other citizens.
Although man has to encounter numerous challenges and pains unlike the gods, the relationship plays a significant role towards exploring the nature of the human condition[6]. The gods appear to take out their pains and anger actively. As a result, they have to use men in order to show their pain. This eventually determines the kind of life led by the people of Greece.
Conclusion
The idea of divinity is evident throughout most of the Greek mythologies and epics. That being the case, it becomes clear that there is a strong connection between the people and their gods thus manipulating one another. Most of people in the Greek epics and mythologies explain how the society established unique relationships with their gods.
These myths therefore manage to present symbolic insights into the human condition . These examples are worth considering because they help the reader understand how the question of beliefs and human faith plays a significant role towards the establishment of a given society.
Bibliography
Homer. The Essential Homer. Translated by Stanley Lombardo. Indianapolis: Hackett Publishing Company, 2000.
Ovid. The Metamorphoses of Ovid. Translated by David Slavitt. Baltimore: Johns Hopkins Press, 1994.
Footnotes
Homer, The Essential Homer, trans. Stanley Lombardo (Indianapolis: Hackett Publishing Company, 2000), 1.
Homer, The Essential Homer, trans. Stanley Lombardo (Indianapolis: Hackett Publishing Company, 2000), 1.
Homer, The Essential Homer, trans. Stanley Lombardo (Indianapolis: Hackett Publishing Company, 2000), 130.
Homer, The Essential Homer, trans. Stanley Lombardo (Indianapolis: Hackett Publishing Company, 2000), 12.
Ovid, The Metamorphoses of Ovid, trans. David Slavitt (Baltimore: Johns Hopkins Press, 1994), 202.
In Song of the Factory Worker, the poet uses mostly imagery and personification of a building to communicate her feelings. However, these fall short, because she does not follow up her images and does not continue with what might have been very powerful metaphors. The title is a prime example, because the poem bears no resemblance to a song. We are not told why it should be read as a song, and we do not hear it. We do hear sounds, but they have little meaning and less emotional content. They seem rather sterile. She could be referring to the songs of the factory workers she mentions as something she will miss, but then the title should be changed.
The author calls the building a vampire and says it will draw her back to it, and that others have fallen under its spell, sewing their lives away . However, she does not carry through on this powerful metaphor, which she expresses as the less powerful simile, but drops it in an attempt to capture sounds for the song. These are supposed to represent things which will draw her back, but the only sound which seems to have any emotional content is the happy laughter of girls .
The imagery in the beginning of the red brick building with many windows is not used for anything else, except as a name and a closure at the end. This could be a really strong image. What do the windows look like? Are they clean or dirty? Are they the vacant eyes of this building? Can the workers see out of them, and if yes, what do they see and how do they feel about it. I think this poet lost what might have been a very powerful poem to the minimalism of post modernist style (Post modernism definition ). It simply seems that she could have done a lot more with these images.
Deborah Boe shows us what can be done with such a theme as factory work. She builds a powerful picture of a female factory worker through what she says. She begins with the image of the worker standing all day over the hot glue machine. We cannot imagine what that is like until she tells us. We feel her power when she says that she make the metal shanks lie down on the shoe bottoms. Then she follows that up with a quick explanation of her power: Its simple, but the lasts weigh, give you big arms.
The next couple of lines tell us not only about her power, but something about her culture and class: If I hit my boyfriend now, in the supermarket parking lot, he knows I hit him. Following this striking image we see another powerful image of the dangers of the work as she tells us that Phyllis had long hair before the glue machine got it. Then she tells up about the time the machine ate up her shirt. She follows this with a statement how it is a good thing that people leave you alone and dont ask what youre thinking.
The narrators thoughts are about the death of her grandpa that week and how she feels that his sould has moved into the apartment. She describes eggs falling and a lamp breaking. The poet communicate the superstitious nature of the narrator and the stress of her very ordinary life. Finally we understand this very [powerful character when she explains how her company had a contest of workers to sort out layoffs. One really special line has echoes of old tongue twisters from childhood: to see which shankers shanked fastest It serves first to set a new mood and then to remind us of the rhythm of her work. It also forces us to slow down and she follows that with a simple statement that she is not embarrassed to have won. Now we know that she will not be laid off. This is calming and she slips into contemplating the autumn turning of the leaves and the coming of winter. The final line is extremely powerful, but its power is not in the words, but in what they evoke: you begin to see your breath rise out of you like your own ghost each morning you come here.
Each reader will react to this differently, but it has a chilling effect on all.
This poet has successfully used imagery of an ordinary person to make really powerful observations about our lives, our culture and our myriad blessings, as those who read this are indeed better off than this factory worker. Though we may not be any happier. The poets line spacing is inspired. It governs the pace and emphasizes certain words, such as isolating got it when she talks about the machine getting Phylliss long hair. She does the same thing with the next few sentences, spacing them so that we center on the chilling images of this machine that eats things, like hair, shirts and maybe parts of people. This also adds power to the last part when she says that she almost doesnt need to look at what she is doing.
In Factory Jungle Jim Daniels starts off with a really serious train of thought about the danger of the machine the narrator works. We see him daydreaming about the ropes shining down and we understand that he is talking about sunbeams on dusty air. He says they are the sun on its way to the time clock. This is a way of showing that they can see the time by the changes in light. He gives us one line that is a bit curious: My veins fill with welding flux. After he tells us that he feels like he doesnt belong there he explains where it is, behind the biggest press in the plant. We understand the earlier line about the welding flux then and we get an image of some huge welding machine he runs (Hot press factory hot press factory limited and more (such as hot press factory,press in nut factory,press grill factory) ). He thinks about what that mad elephant could do to a hand.
We understand now that his job is both boring and dangerous, a formidable combination, since boredom does not contribute to alertness. The next few lines are absolutely hilarious as we get a very strong image of him grabbing a light rope and swinging around the plant, making people think they are seeing things, up higher than the cage in the overhead crane, throwing off all his work gear and flying out of the plant to freedom. When we come back to reality, the parts are building up in the rack, but he pauses anyway to rip open his coveralls and give out with a Tarzan yell which goes unheard in the noise, though he yells as loud as he can. This section is both delightful and informative. We understand how he feels trapped, and the words the poet uses to create these wonderful images are quite ordinary, but the resulting images raise adrenaline as we read. This is a powerful use of ordinary words.
These three poets each have a different way to express their thought about factory work, and two of them succeed admirably in creating something that resounds in the reader. Perhaps factory work is not a good subject for post modernist writing, since it is, itself, a post modernist horror. Of course, it is also safer now than in the past, so maybe it really is not a good subject for most modern poets. The horrors of nineteenth century factories are laid out is absolutely teeth gnashing detail in Henry Morleys prose poem, Ground in the Mill, as he describes how children in factory work are killed by the machines. (Freedgood 261)
References
Hot press factory hot press factory limited and more (such as hot press factory,press in nut factory,press grill factory). Web.
Post modernism definition. Web.
Freedgood, E. (Ed.). (2003). Factory Production in Nineteenth-Century Britain. New York: Oxford University Press.
Criminality is influenced by diverse social factors and reflects the social situation in a particular country. Also, critics and researchers underline that rates of criminality depend upon economic influences as drivers of antisocial behavior patterns. The relationship between economic and social characteristics and the life consequence of criminal behavior is observed for other events: life expectancy, mobility, automobile accidents, and suicide.
Economic influences on criminality are evident in differences between rich and poor. In many cases, the sex of a person makes it possible to experience various life consequences. The belief that females, who are supposedly physically weaker, are mistreated more often is also inaccurate. Aside from rape, the only individual crime for which women are victimized more than men is robbery with contact. Men are twice as likely to be the victim of an assault or a robbery and 50 percent more likely to experience some crime of theft. Men are also the victims of strangers more than females. Therefore, the idea that physically weaker people constantly fall prey to the criminal has no foundation. Neither females nor older people are particularly prone to criminal victimization. On the contrary, they are considerably less likely to be victims than their counterparts. But, the lifestyles of these community groups may explain this fact better than their actual vulnerability to criminals (Wright et al 2008; Beaver, 2008). The decrease in official statistics is accomplished by simply changing the techniques for recording complaints (Jacoby, 2004). When the same departments are faced with budget cuts and fierce competition for scarce resources with the fire department, sanitation workers, and other local agencies, indications that crime is increasing and law enforcement are imperative becomes socially advantageous (Wright et al 2008).
We live in a world where everything is connected with money. Nothing can be done without it. Everybody wants to be rich, to earn a lot, to live in luxury, not even thinking about poverty as well. Some millionaires try to help poor people by charging some new charity projects, but countries can not help everybody who struggles with poverty. General Assembly fights with poverty, and every year on the 20th of December people all over the world celebrate the day of solidarity in a struggle against poverty. In Africa lots of people starve, they havent got homes, they even do not know what are the living conditions, such as clean water, hot water, bathroom etc. These African countries do not have medical care in the necessary volume and many people still try to cure the patients using special herbs, poisons of wild animals etc (Jacoby, 2004).
Poverty is a type of injustice; it is the main worlds problem of today, but it is also a main cause of crime. Of course, nobody knows, when the overworld will live without material problems, when everybody will be satiated, dressed, and will earn that sums of money, which will give him everything he wants. It all resembles Utopia. However, previously meant wishes can not come true, but we can do something for people who require food, clothes, money for a worthy living. This must be the primary aim of the worlds community. But who wants to change this injustice, when people are divided into classes of rich class, middle class and poor people (Jacoby, 2004). The current situation is better than it was even 50 years ago. There are many funds to help, there are some patrons, who give their money for charity, but they are aimed at African countries or the countries of the third world. Also many volunteers go to Africa to help in health care and education. But there exist other countries which need help because people live on a salary which is lower than the living minimum.
Economic crime is a serious problem for the business world, and it has become more and more aggravating with the development of technologies and with the growing availability of internet access. The second big obstacle is the lack of education. Children in backward countries even do not study in primary schools, they do not know how to read and write. But this problem also concerns the developed countries, even the USA, where people with low levels of income can not effort high-level education, which can lead to juvenile delinquency, teenage pregnancy, drug usage etc. Here it is harder to struggle, because the USA is a country with high incomes, and poverty is not ubiquitous as in Africa. But still there are social services, which have the lists of poor citizens, and they may help by providing grants for school and college study (Jacoby, 2004).
The possibilities of committing this type of crime have become wider as value has appeared to be of great value when compared to things. What was a virtual product that could be sold as well at the market as what was a real product and even better? Intellectual capital became a better and more important asset than for instance coal, gas or steel. And ideas and their practical applications were taken advantage of to a great extent due to the widespread use of computers and the Internet Each new technological innovation and each successful case of entrepreneurship was described in media, and nothing seemed to threaten this state of things. On the other hand, there appeared people who were against the Internet and all the innovations it brought with it. They forecasted the appearance of a new type of criminal (Jacoby, 2004). And such a phenomenon as cybercrime was as well predicted to occur. Actually, the latter appeared to be right, and the cyberspace soon encountered cybercrimes of various kinds. And as Wall believes, this does not mean that the Internet failed to live up to peoples expectations. People just are supposed to treat the Internet issues with due care and in a more realistic way to be prepared for a new threat and to be able to confront it decently and effectively. It could be important not only to consider the issues connected with cybercrime in detail, but also to examine the governments attempts to prevent and fight it, as well as relevant legislation and possible future predictions as for the situation in the cyberspace. But before that it is necessary to define what corresponds to cybercrime as a concept and a phenomenon (Jacoby, 2004).
In sum, economic factors and socio-economic position in society have a great impact on a person and his/her behavior patterns. Individuals from antisocial families experience the highest rates of victimization for most crimes. Household larceny and motor vehicle thefts (where wealthy families are more likely to be victimized) are the two exceptions to this pattern (Jacoby, 2004). The economic factors lead to violent crime. This is true for all violent crimes except rape, where women from poor families are nine times more likely to be attacked than women from wealthy families. Another important difference among income categories is that poor individuals are much more likely to be seriously injured when robbed or assaulted than more affluent individuals. Still, economic factors dominate among all social groups despite their income level. Poverty is one of the biggest problems of the world, and the most insulting thing is that theoretically it may be knocked down, but practically it is impossible to do it in one day or one year. All the changes to fight poverty are to be constant, systematic, and thought over. But in over the unstable world, it is really difficult.
Many studies suggest that low wages or salaries and unemployment make less-educated individuals more likely turn into criminal activities. Legislations can put more policemen in the streets, formulate harsh sentencing laws, and take steps that will reduce crime, but there are limits how these policies can help in crime prevention.
Various crime statistics in U.S. suggest that levels of school attendance, academic achievement, graduation rates and enrollment rates play an important role in the involvement of school going children in the criminal justice system. A research that was carried out from 2000 to 2006 indicate that the level of education among students in America can have an impact on the employment opportunities for future work or employment. For example in Australia, between the 1979 and 1985, there was overall increase in educational inequality. This educational inequality was associated with conviction rates for some, but not all, offences. Places with experience higher level of violent crime, these places experienced higher level of educational inequality. Additionally, there was a correlation between racially motivated crimes and educational inequality. According to Becker (1968), there is a strong correlation between violent crime and poverty. In addition, In learning institution (such as primary schools or elementary schools) where there is worse teacher-to-pupil ratio, conviction rates for criminal activities, while conviction rates for racially motivated offences were lower.
Although students in the U.S. have experienced improved economic prosperity and quality of life in the past years, these improvements have not spread to all citizens (Hirsch 24). According to Becker (1968), income of the top one percent of the American citizens has seen improvement than that of the bottom ten percent since 1990. The poorest students (10 percent-20 percent of the American population) continue to leave high school without any qualifications, and this group of population is found to possess poor basic skills that are needed in the job market. It has also been found that a poor person or individual is more likely to live in unpopular and unsafe places where criminal activities are rampant.
Different theories suggest that there is a correlation between educational inequality and criminal activities. All these theories suggests one thing, relative income among the poorest peoples income will have an impact on a persons decision to enter into criminal activities, and this will be contribute by largely on individuals ability to generated income from legitimate or illegitimate ways or activities. In otherwise, the probability of an individual who lacks basic skills or education to generate income from illegitimate ways or activities rather than legitimate ways is higher (Becker 22).
Researchers have found that groups that have been deprived by class or income, or social disorganization and a lack of upward mobility, will contribute to higher level of crimes. Agnew (1992), argue that crime is caused by strain that a person face throughout life, and this can be contributed to the degree of educational inequality in society. In conclusion, frustration among the poor in an unequal community will drive poor people to crime to get what they cant afford.
Works Cited
Agnew, Robert. Foundation for a general strain theory of crime and delinquency. Criminology (1992): 4787. Print.
Becker, George. Crime and punishment: An economic approach. Journal of Political Economy (1968): 169217,. Print.
Hirsch, David. Strategies Against Poverty: A shared road map. York, UK: Joseph Rowntree Foundation, 2004. Print.
The Four Elements Necessary for A Contract To Be Valid
A valid contract must be supported by a number of factors that must be present and lawful. Firstly, there must be an offer and acceptance. An offer occurs where one party expresses the desire to form a contract with another and communicates it to that other party. When the other party accepts the offer made to him, there s said to be an acceptance. The law states that both the offer and the acceptance must be lawful, that is, they must be in keeping with the law of contract.
An offer is an expression of willingness to enter into a contract on definite terms as soon as these terms are accepted. An acceptance on the other hand is the agreement to the terms of the offer that is given by the efferee. There must also be a lawful consideration. Consideration is what one party gives the other as agreed in the contract terms. The consideration comprises what the parties exchange to complete the transaction as agreed.
The parties to the contract must also be competent to form a contract as far as age and state of mind are concerned. A valid contract must also be supported by free consent. This means that the parties build a consensus without being forced or any other influence but willingly. The consent should not be obtained by coercion, undue influence, etc.
Elements that apply to the physician-patient relationship
In the case of the physician-patient relationship, a contract is created only if the above elements are present. First, the patient approaches the physician and expresses his willingness to enter in to contract whereby the physician will treat him and then he (patient) pays for the service or medicine given. In this case, an offer is created.
If the physician accepts to treat the patient according to the terms of the offer (the payment that the patient is willing to pay), then there is said to be acceptance. The price that the patient will pay for the services that are offered by the physician stands for consideration. The doctor gives the services or medicines while the patient pays money for the services or medicines.
Termination of the physician-patient relationship
The termination of the patient-physician relationship should be a rare case. The physician is duty-bound once the relationship with the patient commences. Termination especially by the physician should only be sought in extreme circumstances. Termination may be by mutual agreement or unilateral. In the case of mutual agreement, the physician and the patient agrees to terminate the relationship based on certain condition.
The relationship may be automatically terminated when both parties have accomplished their contractual obligations satisfactorily. Any other cause may cause the parties to decide to terminate the relationship. For instance, the patient may feel that he needs to seek medical advice from another physician and agree with the former physician to terminate the former relationship.
Unilateral termination happens where either of the parties to the contract decides to terminate the relationship. The consent of the other party is absent. If a physician decides to terminate the relationship, he should refer the patient to another qualified professional. Termination is considered abandonment when the physician unilaterally withdraws from the patients care without transferring him to another qualified physician. The other physician must be acceptable to the patient. Abandonment is both ethically wrong and an unprofessional conduct.
The Four Elements Necessary To Prove Negligence
Several elements are necessary to prove negligence. Firstly, there must be duty of care. This is a reasonable care exercised by a party in order to avoid act and omissions that are likely to cause injury to their neighbor. The plaintiff must provide evidence that the defendant owe him the duty of care and that he breached it.
The doctrine of Res ipsa loquitur is also useful and it states that Means that the facts speak for themselves, that is, it is clear that the plaintiff suffered due to negligence of the defendant. The breach of the duty of care is also an important factor in cases of negligence as it forms the basis for its proving. The plaintiff must also prove that the defendant did not meet his duty of care on him and as a result the plaintiff suffered injuries. Te breach of duty of care is only proven where the defendant knowingly exposed the plaintiff to risks that eventually caused him injuries.
There must also be factual causation or direct cause. The defendant must also prove the injuries he suffered were as a result of particular acts or omissions. Negligence is only proved where it is established where without such acts and omissions, the injury would not have occurred. Lastly, the plaintiff must prove that he was injured by the negligence of the defendant. He must prove that the defendant was in a position to foresee the injury and stop acts that caused it.
Application of concept of standards of care to a clinical service
According to the free dictionary, standards of care entailthe watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise (The Free Dictionary, 2010, 1). In clinical service, the doctors owe a duty of care to the patients, that is, they have the obligation of ensuring that the patients are not exposed to any danger or predisposing factor.
For instance the doctor has the responsibility of warning the patients of acts that would deteriorate their conditions like taking a certain kind of food considered not in keeping with their condition. The doctor or any other clinical service officer will be accused of negligence where their acts and omissions do not meet the standards or care. They are liable to compensate the plaintiff of the resultant damage.
Administrators and the knowledge of the duty of care
Though administrators do not provide direct care nor not considered clinicians, they still have a duty of care to the patients though not related directly to the delivery of care. According to the definition of the standards of care that it is the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise (The Free Dictionary, 2010, 1), shows that the administrator also owes the patients a duty of care. In case they neglect an act that results to the damage on the plaintiff, they will be accused of negligence.
Defenses to negligence
The following constitutes the defenses to negligence. Firstly, there is contributory negligence. This occurs where the creation of injury has been caused by the negligent acts of more than one person (The Free Dictionary, 2010, 1). According to The rule of contributory negligence the plaintiff recovers damage that was caused by the defendant but will not recover the extent that he himself was involved. There is also comparative negligence which provides that the recoverable damage are reduced in the plaintiff contributed to his damage. His liability is the extent to which he was involved.
The assumption of risk on the other hand occurs where the plaintiff assumes the risk of the negligence of the defendant thus causing injury on him (plaintiff). Superseding cause this is where an event occurs after the initial one, causing damage or injury on the plaintiff. The initial cause is not considered as the cause of the injury and the defendant is relieved. The assumption is that the original negligence is not the proximate cause of the injury, and the following negligence is held liable to the injury. Those are thee main four defenses to negligence but they apply in given conditions.
Establishmet of physician-patient
The introduction of the physician to Daniel did not create any offer that the physician expressed his willingness to treat Daniel. This was just as an invitation to treat where Daniel just came to know that the other person is a physician. Though Daniel explained about a lump that has been on his wrist for almost a year, he did not ask the physician about treating him. He therefore did not express his willingness to enter into an agreement with him. Therefore there was no offer.
The physician directed Daniel to his regular physician who was not present at the moment. There was therefore no agreement that was reached between Daniel and the physician. There was no offer and acceptance. The parties did not also express their desire to establish legal relationship and therefore mere conversation could not be binding on any party. When Daniel was told to call the matter to the attention of his regular physician, he just responded that the physician is retired.
He did not express willingness to engage the physician in that patient-physician relationship. The physician therefore had nothing to accept. He also did not express his willingness to treat Daniel. The other factor that makes it impossible for a contract to be reached is the absence of a lawful consideration. The physician and Daniel did not agree to give each other anything in order to constitute a contract. Consideration is the price that they could have paid each other for the services given.
Daniel could have offered to pay the physician a certain amount of money if he treats his condition. The services that the physician could have offered and the price that Daniel could have paid for the services is called consideration.
Though the law of contract does not recognize any relationship between the physician and Daniel, the physician owes Daniel a duty of care. He palpates the situation and could assess the fate of the patient. If the patient suffers due to that condition, he can litigate the issue and physician will be accused of negligence.
He can be liable to pay the damage suffered by the patient because he knows the condition of the patient and owes him a duty of care. The contract or patient-physician relationship could not be established because the essential elements of a valid contract were not attained. There were no offer and acceptance, no consideration, no intention to create legal relationship and free consent of the parties.
Reference List
The Free Dictionary. 2010. Standard of care. USA: thefreedictionary. Web.
A contract is a legal agreement entered by parties to have an obligation to do something and maybe done in writing. However, there are oral contracts. In business relationships, employees and other commercial entities work under the enforceability of contracts. This way, therefore, the contract serves as an establishment of an agreement where the parties fix their rights and duties they must conform to (Atiyah 1999, p.121).
Employment of workers entails contracts between the employers and the employees or the workers. For a person to be termed as an employee, there must have been a contract with the employer either written or oral, and the employer has the mandate to control the employee on how the work is performed. Workers are employed by an employer to give labor and expertise to perform the jobs specific duties. The contractual relationship determines the kind of relationship the worker will have with the employer and the employers power over the employee. The contract between the employer and the employee gives rights and responsibilities to both the employer and the employee thereby forming an agreement upon which they are to work together in an organization. In this agreement between the employee and the employer, there is the formation of a relationship of dependence economically as well as social subordination (Freedland 2003, p. 347). In Lister V Romford Ice & Cold Storage Ltd (1957) where the defendants father was injured it was held that the defendant had breached his responsibilities and was required to indemnify the company(Poole, 2006).
The use of contracts in the employment of workers is to give a dividing line that attributes rights to the workers. Through such contracts, the workers know they have a right to a minimum wage, fair dismissal, leaves, and many other rights. Through the employment contract, there is the formation of a commercial relationship where each knows their rights and responsibilities written or said in the terms of the contract. Once someone accepts a job offer, a contract is made so that when one agrees to start the work, the employer knows that such an employee has agreed to the terms in the contract. Contracts, especially written contracts help the employee understand the employment rights, and cuts out any kind of disputes with the employer. Whenever there is a breach of a contract, the remedy may be damages or compensation in terms of money. The remedies imposed due to breach of contract award the party that undergoes the loss the damages expected (Shaw 2008, p.620). In this case, of Brace v Calder, 1895, Brace was wrongfully dismissed from his services, but later offered employment on his previous terms. He declined re-employment and sued for wrongful dismissal. It was held that the dismissal was irregular and was technically a breach of contract, thus Brace was entitled to nominal damages (Abbott, Pendlebury, and Wardman, 2007)
Contracts and the relationship between suppliers of precision equipment in India to its customer in the UK
The seller of goods and services is expected to conform to the contract made between him and the consumers. The sale of goods and services is viewed as the most basic form of a contract. In such contracts, the customer and the supplier have defined rights and obligations to conform to. The customer in the UK must have had a contract with the supplier in India to buy the precision equipment, and there was acceptance of the offer. The Indian supplier must have agreed to transfer and deliver the equipment to the UK buyer on or before a particular date. On the other hand, the customer must have agreed to accept the goods and make the payments for the equipment in conformity with the contractual terms (Bridge 1997, p. 72). In the case of Nicolene V Simmonds (1953), a contract between Nicolene (plaintiff) and Simmonds (defendants) provided that the usual conditions of acceptance apply. It was held that offer and acceptance should not be clear (Poole, 2006).
It is through a contract that the buyer and the seller form the kind of relationship that suits them both. In this kind of relationship, the two parties, the buyer, and the seller agree that the equipment is appropriate and fulfill the performance requirement, and the buyer agrees that they conform to the contract made. When this is done, then there is an identification of a contract. Without such contracts, buyers and sellers would not be in good relationships since any one of them could be free to harm the other. The buyer, for example, would refuse to receive the goods even when they are of the right performance and quality. On the other hand, the seller would be late in delivering the goods or deliver unfit goods, which do not qualify the expectations of the buyer. To maintain the relationship between these two entities, therefore, there is a contract that needs to be made for each of the parties to know its duties in the execution of the transactions (Nathan 2010, p. 810). In Rickards V Oppenheim (1950), a contract between Rickards (plaintiff) and Oppenheim (defendant) for the sale of a car was provided for delivery on 20 the match. The car was not delivered on that date but the buyer continued to press for delivery. On 29 June, he told the seller he must have the car by 25 July at the latest. It was held that the buyer could not
have refused delivery merely because the original date had not been
met, but he could do so by giving the seller a reasonable time to deliver. Here the notice did give a reasonable time, so the buyer was justified in refusing delivery after 25 July (Chandler and Brown, 2011).
When there is a contract, the buyer will agree to pay for the precision equipment at the time they are delivered and where he receives the goods. A contract makes it easier for the supplier and the consumer to have an effective relationship since everything they need to do is in the terms of the contract. The supplier can deliver the goods to the buyers address for the goods to be said to have been received by the buyer. The contract also prevents the buyer from losses that may occur during transportation (Gillies 2004, p. 336-9).
The frustration of a contract for personal services
There are some services that a person is only able to offer, and cannot be offered by a different person. These are usually considered as talents that people unusually possess, which are special, and another person cannot perform them exactly. Artists, actors, and writers among others are people with personal services. If such people contract to offer their services, they must conform to the terms of the agreement. If they fail to show up to offer their services, they become liable for damages since it is very difficult to replace them with other people for the same services. These people cannot be replaced because they are retained for their unique abilities (Jay 2010, p. 9-11). In the case, Plowman, G.W. & Son V Ash,1964, the defendant agreed that he would not canvass his employers customers for two years after the termination of his contract of employment. It was held that it was reasonable as far as it related to the goods of the employer (Poole, 2006).
Personal service contracts occur between the individual employee and the employer to agree on the terms and conditions of the employment. Through this contract, the relationship between the employee and the employer is defined. The responsibilities of both parties are identified making the parties work in an effective relationship. These contracts are created by the employers and given to the employees to sign if they feel they agree with the terms and conditions of the service. However, the employees can disagree with the terms of the contract. When the employee fails to agree with the terms of the personal service agreement, a counter-proposal occurs. However, the employer may refuse to hire until the employee agrees to the contract terms. Whenever an employee fails to negotiate for the conditions and wages of the contract, they can seek the help of a professional like a lawyer to obtain the contract that serves their best interests.
The employers who draft the personal service contract do so in their interests. This makes the personal service contracts to be one-sided giving the employer more rights than the inflexible employee. This calls for the employee to negotiate with the employer before signing the contract. These contracts are very frustrating because in cases where the employee signs the personal service contracts without having read them, they may end up benefiting only the employer. In this case, therefore, the contract suits the interests of the employer. In the case of LEstrange V Graucob, (1934) where LEstrange (plaintiff) signed the document without reading it. It was held that he was bound by it even if he did not read it; the same case applies to the employment contract if one signs it without reading then he is bound by it(Abbott, Pendlebury, and Wardman, 2007).
A serious ankle injury was sustained by a visitor to the premises of a company, where faulty stairs tread has been reported by a cleaner three weeks before.
In this instance, the contract does not apply. The company was negligent by failing to repair the stairs even after the cleaner reported the fault. This resulted in harming the visitor unreasonably. The company, therefore, departed from the expected conduct since a prudent company could have repaired the stairs if in a similar situation (Miceli 1997, p. 115).
The company has a duty to all its clients to have a safe environment for them all. In this case, therefore, the company breached its duty of care and departed from the expected standard of conduct. The company failed to act resulting in a bad relationship between it and its visitor. The company must exercise care as a duty to anybody who visits the company. The company knowingly exposed the visitor to the risk of loss thereby breaching its duty of care (Simon, Johnston &Markesinis 2003, p. 200).
Once the fault was reported, a reasonable person in the department that deals with repair from a caring company could have made sure that it was repaired to safeguard the safety of others. This case, therefore, shows that the company had intent in injuring its visitors, and is liable for the loss. The company is liable for the injury is caused to the visitor because it is evident that its act of negligence was indeed the cause of the accident. If the stairs had been repaired as soon as the cleaner reported the fault, then the injury could not have occurred (Schuck 1991, p. 271). In the case of Donoghue, v Stevenson 1932 Donoghue bought an opaque bottle of ginger beer, which was found to have a decomposed snail. It was held you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor (Chandler and Brown, 2011).
The significance of the Articles of Association in a limited company
The articles of association are important in a limited company because they state the rules and regulations upon which the affairs or operations of the company operate. The articles of association should be interpreted the same way commercial contracts are. This is because the work of the articles is to set out the basic management of the company, the structure of the company, and regulate the companys internal affairs. These articles create a contract between the members of the company and the company. The company, therefore, drafts its articles depending on the companys acts. Just as other commercial contracts, the articles of association identify and define the roles and terms of service within the company. This is very important because each member of the company knows their duties and the penalties imposed in cases where individuals do not comply (Nicholson 2010, 87; Randy, 2003).
The articles of association should be therefore interpreted based on their commercial purpose extensively. They help in solving internal conflicts in the company. Every member should read and understand the terms of the articles for each of them to work in an effective relationship in the company. This is because each will know the objectives of the company and act towards the common goal of the company. This is only achievable if each member knows his or her responsibility, and that which is required of them. The articles, therefore, serve this purpose just like any other commercial contract. This is because, the articles of association is a contract between the business and all its members that include the employer, the employees, the clients, and all its stakeholders (Poole 2010, p. 63-83). In Percival V Wright (1902) the directors purchased some shares from a member without revealing that negotiations were in progress for the sale of all shares in the company at a higher price. No sale ever took place. The plaintiff nevertheless sought to have his sale to the directors set aside for non-disclosure. It was held that the sale should not be set aside since the directors owed no fiduciary duties to individual members (Abbott, Pendulebury, and Ward, 2003).
References
Abbott, K., Pendulebury, N., & Ward K. 2003. Business Law. London: Thomson learning
Atiyah, P.1999. The Rise and fall of Freedom of Contract. Oxford: Clarendon Press.
Bridge, G. 1997.The Sale of Goods. Oxford: Oxford University Press.
Chandler, A. & Brown, I. 2011. Q & A law of contract 2011 and 2012. Oxford: OUP oxford.
Freedland, M. 2003. The Personal Employment Contract. Oxford: Oxford University Press.
Gillies, P. 2004. Business law. Sydney: Federation Press.
Jay, F. 2010. Law 101. New York: Oxford University Press.
Miceli, F. 1997. Economics of the law torts, contracts, property, litigation.New York: Oxford University Press.
Nathan, M. 2010. International law.New York: Cambridge University Pres.
Nicholson, R. 2010. Articles of Association.London: Sweet & Maxwell.
Poole, J. 2010. Textbook on Contract Law. 10th ed. Oxford: Oxford University Press.
Poole, J. 2006. Casebook on contract law. London: OUP Oxford.
Randy, E. 2003. Contracts.New York:: Aspen Publishers.
Schuck, P. 1991. Tort Law and the Public Interest Competition, Innovation, and Consumer Welfare.New York London: Norton & company.
Shaw, M. 2008. International Law. 6th ed. New York: Cambridge University Press.
Simon, D., Johnston, A. &Markesinis, B. 2003.Markesinis and Deakins Tort Law. Oxford: Oxford University Press.