Notes on Cry Essay Example for Free

Notes on Cry Essay The dance’s intent is to portray the struggle strength of the African American women who were in the slave trade; how women so enslaved trapped can still manage to be so free. â€Å"I heard about lynching’s, Having that kind of experience as a child left a feeling of rage in me that I think pervades my work† Alvin Ailey. â€Å"She rises again to wear the cloth as a shawl, then steps on its ends as if bound by it to the ground†¦Ã¢â‚¬  â€Å"The final posture mirrors the opening posture of the dance, suggesting a cyclical inevitable progression of frustration and despair†¦Ã¢â‚¬  Ailey has abstracted this narrative to portray the woman’s despair. BEEN ON A TRAIN The use of the percussive piano accents in relation to movement. For example, the dynamic emphasis of the gestures Ailey uses. â€Å"The power of Cry emanates from its defiantly shifting images of identity in its first section, the bottomless abyss of sorrow approached in its second section and the transcendent quality of ecstatic faith engaged in the third section.† â€Å" Cry became emblematic as an act of simultaneous defiance and release. As a depiction of contemporary African American  identity, the dance liberated audience and dancer in its  modernistic layering of movement genres, especially its  conspicuous use of neoAfrican  body part isolations.† In this work there are three distinct sections and for each new section, there is a new song that is played. The songs used in this work are ‘Something About John Coltrane’ by Alice Coltrane, ‘Been On A Train’ by Laura Nyro and ‘Right On. Be Free.’ by The Voices Of East Harlem. In a couple of these songs the word ‘north’ is used quite a bit. My personal  interpretation is that these slaves perhaps saw freedom and/or refuge in North America, wished to be there but something stopped them.  She clearly demonstrated Ailey’s mother’s struggles as well as any other African American woman’s struggles at the time as a slave to their fight for freedom.

Madame Bovary :: Madame Bovary Essays

Madame Bovary The novel Madame Bovary was written by Gustave Flaubert in 1856. Flaubert was born in 1821, in Rouen, France. His father, being a doctor, caused him to be very familiar with the horrible sights of the hospital, which he in turn uses in his writings. In this novel, Charles Bovary, an undereducated doctor of medicine has two wives in his life. The first, Madame Dubuc, died. Emma Rouault, his second wife, after many affairs commits suicide. The doom of Charles and Emma's marriage is described by an elaborate connection of symbolic relations. The relationships of the shutter's sealing bang, Emma's long dress that keeps her from happiness, the plaster priest that conveys the actions of the couple, the restless greyhound, and Emma burning her wedding bouquet are all images of eternal doom to the couple's marriage. Charles Bovary first met Emma Rouault when he was on a medical call to fix her father's broken leg. Not long after his arrival Emma catches his interest. Her actions satisfy his hearts need for a young, fresh mind and body. The old widow that he is currently married to dies of chagrin. Charles is sadden by this but his mind stays on Emma. After frequent visits to her farm, even after her father's leg was healed, Charles gives a thought about if he would like to marry Emma but he is uncertain. Her father sees Charles' interest in his daughter and takes it upon himself to engage the two. He waits until Charles is departing and then confronts him about the engagement. As expected Charles accepts the marriage and the father runs to the house to receive Emma's acceptance. This was to be shown by the opening of a shutter door. "Suddenly he heard a sound from the house: the shutter had slammed against the wall; the catch was still quivering" (Flaubert 21). The sound that the shu tter makes is the beginning of an end. The bang seals the never-ending doom of the couple's marriage (Turnell 101). Emma's wedding is a special occasion. It is held in the far off pasture of their farm. After all the guests arrive the wedding procession proceeds to the pasture.

A Jury of Our Fears

In the abundance of crimes in today’s society, the people put their fate on the hands of a selected group of people, who are expected to give justice onto whatever crime has been committed.These groups of people can be considered the most crucial part of the criminal justice system of the nation: the decision-making body known as the jury. But lately, instead of bringing justice to the deserving ones, these juries have been feared to come up with faulty decisions and unreliable judgments.The criminal justice system has been put to question, all thanks to the incompetence of these juries who doesn’t pay much attention on their jobs. These juries are so confident that they can give the right decision by merely looking at the people in question, and not by thorough analysis and investigations.In Rothwax’s essay regarding these juries, he stated that â€Å"the rhetoric that idealizes the jury and the reality of its operation are in conflict.† This means that t he juries aren’t performing the way they are supposed to perform, and this jeopardizes the judiciary system of the nation. Initially, the definition of what a jury is should be properly established.According to Rothwax, a jury is 12-man team composed of able-bodied, fair-minded people who mediates between the government and the defendant or the accused individual. In their hands lies the power on how the case will be decided, and usually, what they decided on becomes the conclusion for the case.But lately, many lawyers and judges pointed out that these trials by jury are often decided out of randomness, and is somewhat far from what should be a highly-judicial practice of deciding on what will happen to the accused. Instead of deeply analyzing these cases, the jury often acquits those who are obviously guilty defendants because of irrelevant matters.They are also unable to reach a verdict in cases which seemed to be very overwhelming, thus proving their incompetence in what t hey do. Instead of arriving to well-thought of decisions, they often rely on hints or trends, like bodily gestures of the defendant, as well as their physical looks and age.One solution being suggested was on removing the decision making body which is the jury. But this is seen impossible because of the fact that the nation has relied on the jury system of bringing justice, that’s why Rothwax proposes several tweaks in the current judicial system of today. These may be a major change or a minor adjustment, but hopefully, these things could solve the current problems being faced by the judicial system today.One solution could be sharing the Jury duty. This does not limit the legitimate jury choices, since trials are often hindered because of jury who doesn’t show up in actual court hearings. With an increased number of choices, the faster the cases could be processed. This opens the possibility for having other people act as jury, like doctors, clergymen, professionals, and so much more.Handpicking a jury for the case shouldn’t also be allowed. This is because defendants who have a large chance of getting convicted can choose some gullible jurors who could cloud up the decision making for the case. In our nations system for selecting the jury, the task is often left with the defense side. This opens the possibility for having jurors which are poor evaluators of facts, thus jeopardizing the way the case will be decided.Another would be about abolishing the Unanimous verdict being given by the jury. This is to rule out the possibility of having the decision revoke just because of a single vote.The sense of voting about what will be the decision will be lost, as it will still be stopped by a stray vote, which could mean that the person who had another may have not properly review the case or evidences. Surely, there are reasons or instances that these jury takes into consideration about the decision. But with say a 11-1 vote, the single vote m ay be a negligible number in deciding.Foolish technicalities should also be removed when coming with the right decision by means of a jury. This could just hinder the proceedings of the case, or totally overturn the result of the case.This is because of the fact that some technicalities which are clearly irrelevant to the case could be used to delay the processing of a case, thus giving those guilty of their crimes plenty of times to hide possible evidences that could lead to solving the case. All over the country, some courts have shown signs that people sometimes turn to foolish technicalities to delay the proceedings of the case to think of a way for him not to get convicted.

The Effects of Popular Culture A Look at Three Examples...

Popular culture has an effect on everyone’s life in this world. If we don’t look like the pretty faces our television and movies advertise to us, than our life tends to be more difficult growing up. Our country provides fast food chains that are deleterious to our health, but since corporations made them popular, the average American thinks nothing of it. Even though a lot of American popular culture isn’t the best choice in our lives, Judith Ortiz Cofer, Nora Ephron, and Eric Schlosser use this theme of popular culture in their essays. In Cofer’s â€Å"The Story of My Body†, the author talks about her experience growing up in a world where her culture and looks does not fit into America’s popular cultured society. For instance, Cofer is†¦show more content†¦As you can see, skin color, race, and looks has a lot to do with the current place and time in popular culture. In Nora Ephron’s â€Å"The Boston Photographs†, many reactions are conveyed from a photo that all ties into popular culture and what’s acceptable in society. Stanley Forman, who was the photographer for this photograph, captured a rescue attempt that failed and led to a woman’s death. Ephron writes that â€Å"they are pictures of death in action, of that split second when luck run out, and it is impossible to look at them without feeling their extraordinary impact and remembering, in an almost subconscious way, the morbid fantasy of falling, falling off a building, falling to one’s death† (434). There were a lot of responses around the country and most of it was negative due to the result of the incident. Even though most of the comments were negative about the photograph, there were some positive comments that go beyond the demise of the young woman’s death. Marshall L. Stone of Maine’s Bangor Dailey News, â€Å"claimed that the Boston pictures showed the dangers of fire escapes and raised questions about slumlords† (435). Ephron wrote that the photographs â€Å"dramatically conveyed something that had happened, and that business we’re in. They were news†¦Ã¢â‚¬ , even though the pictures show a real life event and not woman’s dead bod, the people are not used to seeing reality. Popular culture in America atShow MoreRelatedPopular Cultures effect on Sports role models1234 Words   |  5 Pagesfantasize about them daily. Particularly through the eyes of young children, who often view professional athletes as role models, and look up to them. Popular culture is a part of everyone’s lives today, and it affects sports through a plethora of positive and negative ways. Popular culture makes certain athletes look very humbling, but then sometimes it could make an athlete look like a complete fool. Many young boys who enjoy sports usually have dreams of playing professionally one day. Therefore theseRead MoreThe Southern Sambo, Mammy, And Jim Crow967 Words   |  4 PagesThe Southern Sambo, Mammy, and Jim Crow are three major stereotypical characters of African Americans in past and present popular culture that served their own purposes, held their own characteristics, and completed their respective actions. As a whole, each character completed the task of negatively portraying Blacks in popular culture. Although these characters were made centuries ago, many of them have either transformed or adapted to times in order to remain relevant even in the twenty-firstRead More americanisation of australian television Essay1019 Words   |  5 PagesAmerican economy, with drastic effects upon the modern Australian nation. Not only is Australian free to air TV being dominated by American produced shows, but a lot of the content on the Australian TV shows is sourced from America. American culture is part of Australian mass consumer culture, It dominates our television. If we look at the early history of Australian television, virtually all program material until 1963 was of foreign origin, of which eighty three percent was American and the restRead MoreEffect of Media and Mass Communication Essay1386 Words   |  6 Pageswithin modern culture. Culture can be defined as the norms and values of a society. In our culture, the communications media hold an influential place in disseminating information, forming attitudes, and motivating behaviour. Technological advances are increasing the role of the media and its capacity to shape public opinion. Our society depends on the news media to provide information to help us form opinions and make voting decisions. It is clear the media has a huge impact on our culture. The mediaRead MoreHow Media Images Promote Body Dissatisfaction1364 Words   |  6 PagesMany people in modern culture have developed what has been termed a normative discontent with their bodies. Women are particularly vulnerable to this dev elopment of body dissatisfaction, which has been shown to create numerous negative heath issues. These health issues are a direct result from trying to achieve the unrealistic ideal image that media has created. This idea on how the body should look floods modern media and women are discriminated upon if they are unable to meet these strict physicalRead MoreSociological Imagination: Generalized Anxiety Disorder1536 Words   |  7 Pagesdisorder and how if effects society today. The sociological Imagination allows a person to look at a social problem past the particular circumstances of a certain person and look at how it affects people as a whole. Using this theory sociologist have been taught to ignore individuals and look at society as a whole. Social forces are a big part of the sociological imagination. Social forces are anything that affects society. So, a social forces could be anything from culture to government. C. WrightRead MoreModule 2 : Thinking Like A Historian1419 Words   |  6 PagesThinking like a Historian Part One Compare the views of these two scholars by answering the following questions. Be sure to find specific examples in the selections to support your answers. 1.) What issues that surround Latino immigration to America does each author address? Dr. Jason Richwine discusses the Latino’s absorption and integration into the American culture. He compares the Latino nation with other countries’ immigrants that has rose out of poverty, while the Hispanics have not been risingRead MoreMedia and Marketings Negative Effects on Female Sexuality and Self-Image992 Words   |  4 Pagessex symbols, because they didn’t become popular until their mid to late twenties. However, now it is social acceptable for girls as young as twelve to be these so-called symbols. For example, Thylane Blondeau was dressed in gold with heels and cleavage down to her stomach for French Vogue and is only twelve years of age. Children such as Thylane are forced to imitate the concept of â€Å"sexy† before they are capable of understanding what it means. The popular children’s movie and merchandise for BratzRead MoreFalse Assumptions On The Poor Is Disrespectful982 Words   |  4 Pagesdisrespected because of negative comments said. The horrible stereotypes that are made about people who do not have it made like others. Many people take many things for granted. There are people in the world who do not have shelter, food, or water. These three are common to everyday necessities that people need for survival. It’s upsetting how people find it okay to think being low class is a joke and high class is way better. I believe that poverty is fixable, and should not be a topic people should takeRead MoreTouchdown Jesus by Robert Laurence Moore Essay1035 Words   |  5 Pagesunion and separation of religion and politics. Moore investigates the attitudes, behavior, and perception of Americans regarding their respective individual sacred and secular lives. He is interested in the roles of popular culture and religion and in addition, how popular culture affected the shift in boundaries between sacredness and secularism, particularly how these practices shape American religion. We live in a complex society and social structure that is structured with norms and values that

Nutrition and Good Food Taste - 827 Words

Purpose: To introduce the 4th type of diet the so called Omnomnomnivore and encourage the audience to be health conscious. SPEECH OMNOMNOMNIVORE Before I start let me ask you a question? Are you hungry? Are you full? Are you starving or just craving for a food? †¦ Anyway I don’t have food here, I’m here to give you what Omnomnomnivore is all about? When you heard the word Omnomnomnivore, it is sound familiar with the dinosaurs and sounds you make produce when you are eating of your favorite food, saying â€Å"nom,nom† ,yummy! We know that there are many dinosaurs of different types, different size, lived at different times and places, and ate different things. Although the dinosaurs have been extinct for many millions of years and†¦show more content†¦The obesity now is one of our problem in the World. According to 2007 statistics from the World Health Organization (WHO), New Zealand has the second-highest prevalence of overweight adults in the Anglosphere attaining of 68.4% ,lower than the USA(came first) of 5.7% among them are Australia, Unite Kingdom, Canada and Ireland. In the Ministry of Health in New Zealand statistic survey result 2008 and 2009 Adult Nutrition survey found that â€Å"one in four adults (ages 15 years and over) were obese reaching of 27.8% of the population†. While in survey in children â€Å" One in twelve children (aged 2-14 years) were of obese accumulating of 8.3%. Showing that statistics I may conclude that we might be in the stage of obesity now, and in the fu ture extinction of us may follows, like what happen to the dinosaur. Otherwise we should be very vigilant on our HEALTH. Be conscious on.So.. Is there Omnomnomnivore out there? Or is someone here that mutate as Omnomnomnivore? Are you included in Omnomnomnivore diet? Better STOP and watch Your Health now before you become instinct likeShow MoreRelated Buying Local Foods is Better Essay1637 Words   |  7 Pages Have you ever considered what is in the food you are feeding your children? Most foods that are bought at the neighborhood grocery stores are considered global foods which are packed with additives and chemicals making them far less nutritious than local produce from the community farmer‘s market. After much research, I have concluded that it is better to buy produce which is grown locally rather than produce which is sourced globally (from other countries). I think this is important because mostRead MoreComparing Chinese Food Culture And Western Diet Culture1617 Words   |  7 PagesComparison and comparison of Chinese food culture and Western diet culture. Student name: jeff wu(chuofu wu) Student ID: 13400334 Academic skill Preface This article will discuss the differences between Chinese and Western diet culture, diet culture has a very important role in the world culture. Because of the cultural differences between China and the west, they have different food and cultural differences, each country has its unique food culture, whether it is the concept orRead MoreFood Choices and Peoples Health787 Words   |  3 PagesFood choice and people’s health are important issues in modern society. The development of fast food industry has produced many kinds of delicious and high calories foods which always have delicious taste, while new nutrition standards about nutritious food require that people have to avoid the high calories foods to avoid obesity. People now have enough information and know how to choose healthy foods; however, there are many elements in daily life that influence people’s food choices. In factRead MoreFood Requirements For The Elderly994 Words   |  4 PagesPart 1. THE ELDERLY Food requirements for the elderly Calorie needs- The age increase of the elderly means that their activity level is minimum, this leads to the elderly needing to consume less calories than before. Depending on the physical active level of the senior, The National Policy and Resource Centre on Nutrition and Ageing from Florida University suggests that males aged 50 to 70 need approximately 2,220 calories per day. While females aged 50 to 70 require 1,980 calories per day. AfterRead MoreAnalysis of The Trouble with Fries Essay800 Words   |  4 PagesMalcolm Gladwell’s article â€Å"The Trouble with Fries† is about a very invasive topic. Fast Food is killing us. Can it be fixed? Although his thesis statement isn’t exactly clear, he effectively uses evidence to convince his audience that a nutrition movement is needed especially for fast food. By discussing many factors with supporting evidence that is factual he shows why fast food is struggling to have a nutrition movement. Malcolm Gladwell uses some very shocking facts about French fries and howRead MoreEric Schlossers Fast Food Nation: Undermining American Values1347 Words   |  6 PagesAndrew F. Smith once said, â€Å"Eating at fast food outlets and other restaurants is simply a manifestation of the commodification of time coupled with the relatively low value many Americans have placed on the food they eat†. In the non-fiction book, â€Å"Fast Food Nation† by Eric Schlosser, the author had first-hand experiences on the aspects of fast food and conveyed that it has changed agriculture that we today did not have noticed. We eat fast food everyday and it has become an addiction that regardsRead MoreThe Food Of Food Programs916 Words   |  4 Pages Watching countless Food network programs as a child attracted me to a career with food. Those shows sparked my interest in cooking and trying different types of cuisine. I then became overweight from eating too many different types of food I had seen on TV. I knew that I was eating large amounts of unhealthy food and not exercising enough. I studied more on nutrition which changed my unhealthy eating habits and became healthier as I grew older. Throughout culinary school and working in restaurantsRead MoreChoosing Dried Fruits798 Words   |  3 Pagesadults as well. Drying is a very good way to preserve foods and use it for a long period of time . As many processed food, it could lose some of its nutrients . Here is a summary for the steps that are taken for this process: †¢ Heat or air dryness in a good air circulation. †¢ Select fresh, fully ripened fruit . †¢ Dip food in ascorbic acid, citric acid or lemon juice †¢ Condition to 4 to 10 days before packaging †¢ Put it in tighten containers. The history of dried food originates long time ago freshRead MoreManagerial Function of Nestle1042 Words   |  5 Pagesmake  better food  so that people live a better life.  Good Food is the primary source of Good Health throughout life. We strive to bring consumers foods that are safe of high quality and provide optimal nutrition to meet physiological needs. In addition to Nutrition, Health and Wellness, Nestle products bring consumers the vital ingredients of taste and pleasure.   As consumers continue to make choices regarding foods and beverages they consume, Nestle helps provide selections for all individual taste andRead MoreFood and Nutrition Essay1466 Words   |  6 PagesProper nutrition is one of the most essential elements to being healthy and living a long life. People deal with food every day, and food has been a part of life since the beginning of civilization. What we eat becomes our diet, and our diet plays a major role in deciding how healthy we are and how well our body functions. Without proper diet, our body cannot carry out the functions it needs to perform. Most people have some common knowledge on what is good and what is bad for the human body to consume

Transcendentalism and Hawthornes Young Goodman Brown Essay

Transcendentalism and â€Å"Young Goodman Brown† â€Å"Young Goodman Brown† manifests characteristics of the onetime Transcendentalist beliefs of its author in its abundance of symbolism and in its emphasis on individuality and personal responsibility. Let us briefly review the life of the author up to and including his brief acceptance of Transcendentalism. Nathaniel Hawthorne was born on July 4, 1804 in Salem, Massachusetts, to a family that had been prominent in the area since colonial times. A rich lore of family and local history provided much of the material for Hawthornes works. When Nathaniel was four, his father died on a voyage in Surinam, Dutch Guinea, but maternal relatives recognized his literary talent and†¦show more content†¦Ã¢â‚¬Å"Young Goodman Brown† would convey these ideals, emphasizing symbolism and contrasting the generally accepted Puritan morality with Goodman Brown’s individual, personal morality. â€Å"Young Goodman Brown† takes place in Salem, Massachusetts. Salem village: It was â€Å"the center of the witchcraft delusion, in the witching times of 1692, and it shows the populace of Salem Village, those chief in authority as well as obscure young citizens like Brown, enticed by fiendish shapes into the frightful solitude of superstitious fear† (Abel 133). In Young Goodman Brown Goodman Brown is a Puritan husband who lets his individualistic impulses lead him into a personal encounter with the devil himself. Goodman Brown: 1. According to Levy, he â€Å"is Everyman. The bargain he has struck with Satan is the universal one . . . . Initially, he is a naive and immature young man who fails to understand the gravity of the step he has taken . . . [which is] succeeded by a presumably adult determination to resist his own evil impulses† (117). 2. Fogle writes that he is â€Å"a naive young man who accepts both society in general and his fellow men as individuals at their own valuation, [who] is in one terrible night confronted with the vision of human evil . . . † (15). Young Goodman Brown begins when Brown is starting to set out into the woods for a secret meeting. Faith,Show MoreRelated Hawthornes Young Goodman Brown and Transcendentalism Essay2299 Words   |  10 Pagesâ€Å"Young Goodman Brown† and Transcendentalism  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚        Ã‚  Ã‚   A reading of Nathaniel Hawthorne’s â€Å"Young Goodman Brown† indicates that the author adheres to some, but not all of the Transcendentalist beliefs of the nineteenth century, especially in its symbolism and in its emphasis on personal responsibility.    Morse Peckham in â€Å"The Development of Hawthorne’s Romanticism†explains some aspects of Hawthorne’s Transcendentalist beliefs:    But another theme begins to appear, a matterRead MoreAn Analysis Of Edgar Allan Poe And Ralph Waldo Emerson1090 Words   |  5 Pagesas the â€Å"most significant fiction writer of the antebellum period† (P.369). One of the unique characteristics of Hawthorne’s literary work was his use of multiple and conflicting interpretations. Hawthorne forces his readers to make their own interpretations and demonstrates how interpretation is a form of self-expression (P.370). In Nathaniel Hawthorne’s text â€Å"Young Goodman Brown,† Hawthorne uses a variety of techniques that separate him from English writers. Hawthorne leaves many clues orRead MoreAnalysis Of Hawthorne s Young Goodman Brown 2018 Words   |  9 Pagesassumed over Hawthorne’s, typically considered allegorical, â€Å"Young Goodman Brown† that critics have come to a deadlock. While it’s agreed that the focal point circulates around the story’s protagonist, for which it is appropriately named, the unanswered question remains: had Goodman Brown, in fact, met with the devil in the forest or had he dreamt the entire episode? â€Å"Be it so, if you will† Hawthorne teases, never letting up any real perspective, except that â€Å"it was a dream of evil omen for Young GoodmanRead MoreThe Call of â€Å"Bartleby the Scrivener† and â€Å"Young Goodman Brown†1397 Words   |  6 Pages19th century American literature, we see the use of the latter tool in â€Å"Bartleby the Scrivener† and â€Å"Young Goodman Brown†, where authors do not give the full information about their characters and events to create the desired effects. In Herman Melville’s â€Å"Bartleby the Scrivener†, the enigmatic title character â€Å"prefers not to† do things. On the other hand, in Nathaniel Hawthorne’s â€Å"Young Goodman Brown†, the lead character appears to be affected by his own inability to discern the truth and thus becomesRead MoreHenry David Thoreaus Transcendentalism1002 Words   |  5 Pagesto their natural desires. Although many authors believed that people were instinctually good, there are a few that believed that humans are, by nature, evil. This essay will compare Henry David Thoreau’s positive transcendentalism, which believes everyone is good, to Nathaniel Hawthorne’s negative transcendentalist writings. Henry David Thoreau believed that nature and people were naturally good, and that humans can awaken themselves to that. What it means for humans to be awake is that they see themselvesRead MoreFamous American Authors: Ralph Waldo Emerson, Edgar Allan Poe, and Nathanial Hawthorne554 Words   |  3 PagesAntitranscendentalist movement and this was easily detectable in this works. Hawthorne’s use of allegory and symbolism in his literature was a common way of introducing metaphysical tone to a simple story, such as in The Scarlet Letter. Anti-Transcendentalism was characterized by the belief that nature is fully capable of horrible violence and man has the ability to be evil, which offers a lot of negative evidence towards Transcendentalism. Hawthorne’s use of literary techniques to transport ideals of AntitranscendentalismRead More Comparing Romanticism in Plymouth Plantation, Birthmark, and Rappaccinis Daughter1140 Words   |  5 PagesRomanticism was introduced to Ame ricans in the nineteenth century, delivering a fresh literary and artistic style. This new literature pays more attention to the elements of tone, mood, and atmosphere, while also applying religion in the form of transcendentalism. These two types of literature are similar in the respect that they both encourage living simply. Puritan writers were concerned more with the message the literature portrayed than with form and dramatic elements. Poetry was used to educatedRead MoreEarly American Literature Essay1511 Words   |  7 PagesScholar, and Self Reliance. Thoreau was a nonconformist and attempted to live his life at all times according to his rigorous principles, which became the subject of many of his writings. In Walden, Thoreau not only tests the theories of Transcendentalism, he re-enacts the collective American experience of the 19th century, living on the frontier. The overall story of Walden is in fact a view on Thoreaus radical and controversial perspective of society. Many of Thoreaus repeated, irrelevantRead MoreThe History of American Literature3501 Words   |  15 PagesEquiano, or Gustavus Vassa, the African (1789) has long been considered an important African American text. American fiction was formally established after the American Revolution. The Power of Sympathy (1789), a tra gic love story by William Hill Brown, is generally considered the first American novel . Another Literary milestone was Hannah Fosters The Coquette (1797), a novel in the form of letters, or an epistolary novel. Over the course of the 19th century the country progressed from anRead MoreEnlightenment, Realism And Literary Periods Before The 1850s1810 Words   |  8 PagesThere are many periods of literature that work in tandem to explain the history of America. Literary Periods before the 1850’s contain Renaissance Literature, The Enlightenment, Romanticism, Transcendentalism, Victorian Literature, and Realism. These periods show evidence of their impact on America because American literature periods before the 1850’s contain similar traits. They are The Colonial Period, The Revolutionary Period, The Era of National Expansion, The Early Writers/Concord Writers, and

Essay on Company Law for Unconscionable Conduct Law

Question: Describe about the Company Law for Unconscionable Conduct Law. Answer: 1: The three challenges raised by Mr and Mrs Amadio in this case are: Misrepresentations of facts by the debtor: According to Mr and Mrs Amadio they were signing the document by believing that their liability was $ 50000 only for the period of six months. Bank knows about the financial position of the company and does not disclose such material fact to the surety. Bank does not inform the surety about the arrangements between the bank and debtor. It is the duty of the bank to disclose such facts to surety because these arrangements contain the terms which are not usual and expected (Australian Contract Law, n.d.). 2: Three conclusions did the appeal court come to after its examination of the facts is: Rules of misrepresentation are applicable in this case because terms of mortgage deed are misrepresented in this case. Unconscionable Conduct is applicable in this case because bank hides the material information from the surety and takes unfair advantage of the position. Bank knows about the financial position of the company but did not disclose such fact to the surety. Respondents are liable only for $50000 because they sign the document by believing that liability is of $ 50000 and for 6 months only. 3: According to Justice Gibbs bank is not bound to make disclosure to the surety in the contract of guarantee, except in case when there are some features which are not usual or normal. Bank is bound to make disclosures to the surety only when bank and debtor is entered into transactions which are not normal and expected by the surety. In this case there is a special arrangement between the bank and the debtor (Vincenzo Amadio) which is not in the knowledge of Mr. Amadio. 4: The two facts of the case which are considered by the Gibbs in making decision are: Justice Gibbs held that there was arrangement between the debtors that is Vincenzo Amadio and bank on 24th March, according to which the company want one more overdraft of $270000. Bank was agreed for arrangement but on a condition that the overdraft limit has to be reduced to $220000 in one week and up to $180000 in a period of two weeks. Judge said surety cannot assume that such arrangements with such unusual terms are existed between the bank and debtor. Second fact considered by Justice Gibbs was that Mr. Virgo and Mr. Vincenzo Amadio collectively decide the payment of cheques, it means they decide payment of which cheque should be made and which cheque should be dishonored. Bank tries to maintain the fake image of the company in front of its creditors. 5: According to Justice Gibbs following are the issues present in the case: Issue of express misrepresentation: in this case bank does not disclose above two facts to the surety which was considered as misrepresentation by the bank to the surety. Unconscionable Conduct: Gibbs said that this transaction is not containing any Unconscionable Conduct in respect of bank. Because bank does not take any unfair advantage of any disability of Mr and Mrs Amadio. If rules of misrepresentations are present in this case then there is no need to establish Unconscionable Conduct. 6: In this case Mr. Virgo was aware that Mr and Mrs Amadio were Italians and their command over English language is not good. He knows that they receive the guidance from their son about the mortgage deed and they sign the deed in the influence of their son. Mr. Virgo also knows about the financial position of the company. We considered the knowledge of Mr. Virgo was the knowledge of bank. Therefore, bank is held guilty for unconscionable conduct because bank enters into the transaction without disclosing such facts to the respondent, which possibly change the opinion of the respondent. 7: According to Justice Gibbs rules of misrepresentation are present in this case and there is no need to establish Unconscionable Conduct because bank knows about the disabilities of respondents but bank does not take any unfair advantage but Justice Mason thinks that Unconscionable Conduct is present in this case because bank knows the financial position of the company but bank does not disclose that fact to the respondent. 8: Three ways which specifies the gross inequality is exist between the parties: As compared to bank, respondents are not able to judge whether entering into this agreement with bank was in their own interest or not. Respondents were not aware about the financial position of the company and they were in the impression that business of their son was prosperous. Just before the execution of mortgage deed, company was not able to pay the debts and cheques of the company were dishonored. But the company was an important customer of the bank and provides business to the other branch of the bank. On the other hand respondents are completely unaware from the fact. Execution of mortgage agreement is disastrous for the respondents but beneficial for bank because bank made the payment of their unpaid cheques which was $45000 (Austlii, n.d.). 9: According to Justice Mason unconscionable conduct and doctrine of undue influence are very resemble but there is a little difference between the two. In doctrine of undue influence will of the party is not independent and in unconscionable conduct will of the party is independent but other party take unfair advantage of their position. According to Justice Deane unconscionable conduct and doctrine of undue influence are different in undue influence focus on the assent of weaker party whereas unconscionable conduct focuses on the strong party. 10: According to Justice Deane Mr and Mrs Amadio are liable to pay $50,000 to the bank because at the time of execution of document, they believe that their liability is for $ 50000 only for the period of six months. And they sign the document under the impression that the financial position of the company was good. On the other side bank knows the financial position of the company but did not disclose the facts to the respondents. There is a reason to believe that respondents are suffering from special disability and in this case rules of unconscionable conduct are applied (Uni Study Guides, n.d.). 11: According to Justice Dawson, if a guarantor gives guarantee to the bank due to misrepresentation of the facts by its customer, then in such case bank is not liable and there is no effect on the validity of contract, except in a case that bank knows about the misrepresentation of fact and does not disclose the fact to the surety for his own advantage. References: Austlii, Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; (1983) 151 CLR 447 (12 May 1983), Retrieved on 8th September from: https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/1983/14.html. Australian Contract Law, Commercial Bank of Australia v Amadio; (1983) 151 CLR 447; [1983] HCA 14, Retrieved on 8th September from: https://www.australiancontractlaw.com/cases/amadio.html. Uni Study Guides, Commercial Bank of Australia v Amadio, Retrieved on 8th September from: https://www.unistudyguides.com/index.php?title=Commercial_Bank_of_Australia_v_Amadio#Judgment.