The Twisted Love within Cats Cradle - Literature Essay Samples

Love. A simple yet ever so complicated emotion. How can an emotion that supposedly brings about such happiness and joy also bring about some of the worst characteristics of today’s world and lead to such catastrophe? The loaded concept of love and the problems that seem to arise from it or to be more specific, the search for it are all explored in Cat’s Cradle. Kurt Vonnegut uses various characters within the text to demonstrate the different types of love by their unique quests to attain it and the resolution of that desired quest. Newt, seen as an outcast, represents the portion of the population looking for companionship from the outside in. On the other hand, John seemingly has no aspiration to find companionship, but more of a need after getting caught up in a lust for a girl as it so often happens nowadays. Lastly, Felix is the poster boy for those who neglect family and friends, only caring about what is directly in front of him. Cat’s Cradle by Kurt Vonne gut demonstrates how the twisted path to find one of life’s greatest treasures, love, can lead to utter destruction or humiliation as it brings out the underlying problems of society. This is shown first hand through Newt’s wish to connect with Zinka who turns out to be a complete impostor. Love, or more accurately described as infatuation can describe the lust John gains for Mona simply by seeing a single picture of the woman and Felix’s love for knowledge eventually lead to literal destruction. The desire to connect with others has been sought after for all of humanity. When one is looked at as an outcast, that creates a rough, lonely path to companionship and can cause one to do questionable things. Newt symbolizes everything that comes to mind when the term outcast is spoken of and is how Vonnegut demonstrates the dangers of love when one is so vulnerable. He is looked at as a weak, meaningless person to some degree and that may have been a result of his short stature. When someone is constantly being batted down and receiving hateful verbal abuse, it begins to change the soul of the person. This is all comes back to how vulnerable every person is at their core, and when love is mixed into the equation, it is bound to end in disaster. As Newt writes John the letter, he acknowledges the fact that he could see how others perceive he simply lives life pitying himself. However, he quickly changes course and states he found love. â€Å"Actually, I am a very lucky person and I know it. I am about to marry a wonderful little girl. There is love enough in this world for everybody, if people will just look. I am proof of that† (18). The only problem with this was Newt didn’t even have to look. By what seemed to be extreme coincidence a girl came to him and without a doubt took advantage of Newt in order to gain information on his father’s work. Zinka, the supposed 23-year-old girl, was actually a 42-year-old spy. The only explanation was she sensed the vulnerability of Newt as he longed for love, and exposed him in cold blooded form. Newt was so hopeful that he finally found love, he let his guard down without hesitation and that hurt him in the long run as he was blindsided by the end game. Relationship Development, by Rebecca B. Rubin indicates how one could possibly prevent a similar circumstance from occurring. â€Å"Research also examined five main strategies for reducing uncertainty: interrogation, self-disclosure, detecting decep tion, environmental structuring, and deviation testing† (Rubin). With the life that Newt lived, he had no chance of being able to gain true certainty. He was lost in the game of love all due to his vulnerability. Newt says it best as he realizes what has happened and reflects on the shattered heart of his. â€Å"In this world, you get what you pay for† (128). How often in today’s world is true, everlasting love mistaken for infatuation? This shallow â€Å"form† of love is dreadful in our society today as it has the potential to be the origin of craziness and tinker with the already too easily conformable human mind. It truly dabbles with the concept of love at first sight and if that is a true phenomenon. John experiences this first hand when he spots a picture of Mona, or so he believes. From the instant he first laid eyes on her, the seemingly level headed John begins to think irrationally as his soul focus is grasping Mona’s attention. Under no circumstances would he have accepted the offer to become the dictator of San Lorenzo if it hadn’t been due to his clouded judgment caused by infatuation. It lowered John’s decision making and reasoning right in front of the reader’s eyes and was apparent that the deception of love mixed with his love for Mona’s looks demonstrates the effects of th is fault: â€Å"The Fata Morgana, the mirage of what it would be like to be loved by Mona Aamons Monzano, had become a tremendous force in my meaningless life. I imagined that she could make me far happier than any woman had so far succeeded in doing† (85). The logic John used in his thought process is obviously flawed and exemplified by how he uses words like â€Å"imagined.† This is cause for concern as it is apparent his hope to gain Mona’s love is ruining his inhibitions. Occurrences like this are present all over in today’s world and especially in our media. Even political figures like Bill Clinton have been slain by the sword of infatuation as it caused him to commit many wrongdoings in front of a national audience. â€Å"Clinton is encumbered by history as the post-civil-rights president who bears the trauma of a degraded America† (Melissa Deem). By going against all moral codes, Clinton was caught up in the infatuation/love mess and ended u p causing a mess for all of America. John does this on a much smaller scale, but in the long runs it leads to the death of Mona and the destruction of San Lorenzo. It goes to show how a simple mix up of the true definition of love can end in such heartache. Lust Balance, by Cas Wouters, shows readers how easy this mix up truly is and how it goes back to finding the fine line of what true love actually is. â€Å"The concept of the lust balance refers to the social organization and accompanying social codes (ideals and practices) regarding the relationship between the longing for sexual gratification and the longing for enduring relational intimacy† (Wouters). The apparent problem in today’s world is that so many are having difficulty differentiating the two hence the cause of all the problems as John best demonstrates. The love of knowledge has the power to trump all other forms of love. This presents many dangers as it introduces the concept of loving non-material objects over people. This particular path is a dark, troublesome one as it leads to neglect among other fatal traits. Felix Hoenikker is the poster boy for all things neglect and is so evident through his interactions with his family. Felix seemed to be in his own little world, with no regard for human interaction and was simply concerned with whatever scientific task was directly in front of him. The duties off a father, a husband, or even a person of society completely slip his mind as Felix went about his job diligently in order to find new discovery. What was even more troubling was his obsession for knowledge that lead him to create products with the potential for mass destruction and he had not a single care or worry for this. His own children, suffered right in front of his eyes and there was not even an acknowledgment of the fact . Their own father loved not his own children, but chose his love of knowledge over them. The thought is enough to send chills down one’s spine. â€Å" ‘He won’t come,’ Frank said, and he laughed at her. Frank was right. Father stuck his head out a window, and he looked at Angela and me rolling on the ground, bawling, and Frank standing over us, laughing. The old man pulled his head indoors again, and never even asked later what all the fuss had been about. People weren’t his specialty† (17). Felix Hoenikker is a man living with no obligations and complete disregard for others. It goes back to show each individual has the choice to chose love of something meaningful and true, such as family, or the love of knowledge that is not fulfilling. â€Å"Knowledge, love, hatred, and indifference are the differential polarities which structure the emotional systems within a family† (Love, hatred). The consensus can be made that with every obsess ion comes extreme dangers and Felix took no accountability for his actions which lead to the demise of those around him. How often is the phrase â€Å"All is fair in love and war† thrown around in everyday conversation? It begs the question of what love truly is. It may be a want, a need, a desire, or maybe it’s something that can’t even be explained. The problem is that the quest to find love leads to so many more problems than there were to begin with. It metaphorically peels back layer by layer the soul of each individual giving a glimpse into the dilemmas that come from love. Cat’s Cradle by Kurt explores this thought process by using a variety of characters to dive into the concept. A kind-hearted boy in Newt gets torched at the stake simply because he is unaware of the evils of the world. Then there is John who demonstrates not all love is innocent. It can change the playing field just by the thought of falling in love based on the appearance of one. Finally, Felix shows the reader how non-material love can lead to destruction due to his neglectfulness and chosen naive ty. Love is something that is suppose to be a fairytale, yet when viewed under a microscope, has the potential to be the start of one of the scariest horror stories known to this world. Works Cited Deem, Melissa. The Scandalous Fall of Feminism and the â€Å"First Black President†. A Companion to Cultural Studies. Miller, Toby (ed). Blackwell Publishing, 2005. Blackwell Reference Online. 31 October 2015 love, hatred, knowledge, indifference. The Dictionary of Family Therapy. Miermont, Jacques (ed). Blackwell Publishing, 1995. Blackwell Reference Online. 31 October 2015 Rubin, Rebecca B. Relationship Development. The International Encyclopedia of Communication. Donsbach, Wolfgang (ed). Blackwell Publishing, 2008.Blackwell Reference Online. 31 October 2015 Wouters, Cas. Lust Balance. Blackwell Encyclopedia of Sociology. Ritzer, George (ed). Blackwell Publishing, 2007. Blackwell Reference Online. 31 October 2015

Dissolving Salt in Water Chemical or Physical Change

When you dissolve table salt (sodium chloride, also known as NaCl) in water, are you producing a chemical change or a physical change? A physical change results in a change of the materials appearance, but no new chemical products result. A chemical change involves a chemical reaction, with new substances produced as a result of the change. Why Dissolving Salt Would Be a Chemical Change When you dissolve salt in water the sodium chloride dissociates in Na ions and Cl- ions, which may be written as a chemical equation: NaCl(s) → Na(aq) Cl-(aq) Therefore, dissolving salt in water is an example of a chemical change. The reactant (sodium chloride or NaCl) is different from the products (sodium cation and chlorine anion). Thus, any ionic compound that is soluble in water would experience a chemical change. In contrast, dissolving a covalent compound like sugar does not result in a chemical reaction. When sugar is dissolved, the molecules disperse throughout the water, but they dont change their chemical identity. Why Some People Consider  Dissolving Salt a Physical Change If you search online for the answer to this question, youll see about equal numbers of responses arguing that dissolving salt is a physical change as opposed to a chemical change. The confusion arises because one common test to help distinguish chemical and physical changes is whether or not the starting material in the change may be recovered using only physical processes. If you boil the water off of a salt solution, youll obtain salt.

Malaysias Education Curriculums Correlation With...

Introduction Since it attained its independence from Britain in 1957, Malaysia has gone through many changes in various fields. Among these changes were implementations of policies related to educational syllabus and the medium of instruction. The most important feature of this reform is that it was based on philosophy of education which was first documented. The National Philosophy of Education (NPE) which was introduced in 1989 acts as a guide for all educational activities in Malaysia. It sets the values and principles of the Malaysian education system from primary to tertiary level. Arts Education Curriculum in Malaysia Primary School In Arts Education for Malaysia primary school, the aim is to produce individual that can have a†¦show more content†¦With no textbook for pupils to refer to, teaching and learning instructions in the classroom would be inefficient because pupils are not ready for the lesson. For an example, in Tradisional Art ( Mengenal Kraf Tradisional ) the lesson for the day is to produce a painting based on water colour paint in year 3. The teacher must prepare the drawing paper, brushes, water colour, crayon and a finished painting as a sample for the pupils reference before entering the classroom. The pupils are not ready because there is no previous knowledge or any preparation done by the pupils. During the teaching and learning activity, the teacher have to prepare a bucket of water for cleaning purposes and make sure the classroom is in control and stay clean. This makes the teaching and learning more difficult. During the lesson, pupils must achieve at least three level of achievement during the process required by the syllabus that is (1) know and recognise the materials; (2) know how to use it and (3) do some art appreciation. All of these will make the teaching and learning harder for the teacher. This can be solved if there is a text book for the pupils with step by step guidance shown in it for easy reference and provide a guidance book for the teacher as well. According to Bajuri Babu (2010), â€Å"teacher must give priority to the preparation component in planning a lesson such as previous knowledge, objective of the lesson, materials and teaching aids, skills, classroom

Health Education For A Patient Regarding †Myassignmenthelp.Com

Question: Discuss About The Health Education For A Patient Regarding? Answer: Introducation Jenny is an aboriginal who has been suffering from childhood diabetes form the age of 13. The occurrence of diabetes often restricts the life of a person in several ways as she or he has to maintain a proper lifestyle to assure that no threatening condition occurs. Proper diet, proper intake of insulin, proper education to maintain the different medication and insulin intake all need to be done in a systematic approach so that the patient can have a proper quality life (Forsberg et al., 2014). However at the time of her year 8, she left her home which not only resulted in incomplete education of the patient but also exposed her to large number of vulnerabilities. It is stated by the researchers that health education for a patient regarding her ailments helps the patient to be careful about her activities and also helps her to maintain different medication effectively. However in case of Jenny as her education was incomplete, she could not develop a concept about her ailment and the different negative aspects of the symptoms. Moreover she was found also not educated about her medication administration and self management tactics which made her vulnerable to different accidents like insulin shock. Moreover, she is altering her places depending upon the places of her stay and therefore he is consulting different healthcare professionals which are delaying the course of treatment and interventions as it becomes important for every individual to start his or her diagnosis form the very start. Moreover, each and every professional have different ways if handling an issue and these patterns vary from one another. Therefore this has also affected her treatment of diabetes making her confused as well as kept her uneducated as none have provided importance to teaching her about her disorder and how to take care for her (Hunter Arthur, 2016). She has also been homeless for a large number of days which also had affected her health as she had not been able to maintain the important rules required to be followed by a patient of diabetes. In the recent days, she had been staying in a boarding hospital which is dirty and run down. This implies that she would have no one to care for as she requires assistance in her activities due to her head injury and also due to her uncoordinated movement. She needs care and affection as this moment which will help her to recover. Moreover a dirty and run down environment affects the mental stability of a patient negatively which will also delay her recovery process. After her treatment in the emergency ward, she was transferred to the neurology ward which consisted of nurses, the ward physiotherapists, neurologist as well as diabetes educator and social worker. After three meetings of the team and after a period of four days, she was transferred to rehabilitation center as the professional thought it would benefit her properly. Not much information is present in the case study regarding the activities that had been conducted by the team in the neurology wards. The team in this ward contained of different professional who should have at least diagnosed her symptoms for seven days to monitor whether any negative conditions in her head or in her health had occurred or not (AlSayah et al., 2014). It seemed that they hurriedly transferred her to the rehabilitation centre. They mainly conducted a transitional mode of care where they transferred the patient to the rehab care. From the hospital course shown, it is seen that follow up is done for loss of balance, coordination and difficulty in ambulation but proper procedures have not been followed as is evident from case study. Secondly, in the rehab centre, it was seen that the multidisciplinary team consisted of physiotherapist, occupational therapist, rehabilitation medical consultant, and the nursing staff. They had been assessing her condition on a daily basis and therapy for assistance in coordination and walking went for six days (Gausvik et al., 2015). They were following a model of shared care programs where they were writing notes about jenny in the medical record to inform each other about the updates of Jennys case. However the procedure was not a proper one as it indirectly affected her health. As one member of the team took a wrong observation by stating that she has been walking with confidence just from one observation, she had noted the information without taking other observations. This was a mistake from her part as this went on to several errors (Rodrigues et a l., 2014). The rehab consultant as well as the physiotherapist without conducting their respective assessment discharged her which is not ethically and intellectually correct. All of them have confirmed about the assessment individually before proposing for discharge, a proper training is required by the team in order to strengthen their critically analysing power so that each of them conduct their assessments properly to provide higher patient safety. They also did not educate her about the diabetes management and neither evaluated her present condition, as a result she went through another episode of insulin shock that results in further harmful consequences (Klipfel et al., 2014). The decisions made by the first multidisciplinary team were found to be quite rapid as they did not evaluate the patients condition fully before transferring her to the rehabilitation centre. They had not conducted their work responsibly which is evident from the transition of the patient to the rehab centre. However, it is true that they had diagnosed the symptoms correctly and had allotted a multidisciplinary team with the right specialists for her different symptoms. She had faced injury in her head region for which she was having consistent headache, loss of coordination as well as difficulty with walking (Lancaster et al., 2015). These were noted by the professional clearly and therefore they had conducted diagnostic tests of her head region to find out whether she had faced major accident in her brain. They had conducted CAT scan and found out that no issue is present in her brain or skull region. This was an important diagnostic step and they rightly carried out the second poi nt of the clinical reasoning cycle called the gathering information stage. Moreover, they had appointed the right specialists like neurologist to find out any negative symptoms of the neuron in the brain, social worker to look after her daily care and assist her in activities of daily life. They appointed physiotherapist to improve her mobility and joint reflexes, diabetes educator to educate her on the correct ways to control her insulin level and others. However although they had settle the right actions but they did not fix the time frame properly as they should have kept them at least for a week before transitioning her so that to evaluate her condition properly (Koharchik et al., 2015). In the rehab center also, they had correctly allocated the right specialists also but they also failed in the evaluation step of the clinical reasoning cycle for the evaluation they made was incorrect and her condition was not yet stable to walk by herself. Moreover they also did not evaluate th e health literacy of Jenny by asking her questions thinking that she already knows everything. This has been negligence on their part and they are therefore accountable for the occurrence that Jenny again had due to insulin shock. It was seen that the multi-disciplinary team of the hospital communicated over three meetings where they sat together and decided the course of treatment for the patient. It is the right kind of communication as this gives the scope of every specialist to put in their updates in front of all the team members where they can either use the information for their own interventions or they can also inform the others about better suggestions or others. However in the later case, it was not followed. The multi disciplinary team had an improper way of communication. They used to note down the changing symptoms of the patient and jot them individually so that others can see. This form of communication may prove to be harmful for the patient as if a particular professional makes a wrong evaluation; it will lead to several other chains of errors as others will act upon the observation made by the former (Victor-Shmil, 2013). These may be harmful for the patient safety as it happened in case of Jenny. When the nurse informed about the patient walking confidently, all others acted upon the documentation made by her. Moreover, it was also seen that all the professionals did not perform their individual evaluation before discharging the patient and depended upon the nurse entirely. This should not have been the procedure. Before discharge, all the team members should have evaluated her symptoms and jointly come to a conclusion by face to face meetings (Keleher et al., 2017). They should have been more careful with the evaluation part and should have checked her health literacy skills before discharging her. Due to insulin shock that occurred due to her improper taking of insulin and fall from the stairs due to her unbalanced walking could have been avoided if the care team would have been more responsible. Jenny was discharged from the community center without any planned procedure about how he can take care of herself. She was also not mentioned of the community healthcare services she should take to help her get over her issues like the bump on her head, assistance in her walking, to continue her education on diabetes management and how to be more stabilized with life rather than changing places. With the foundation of many aboriginal community healthcare centers helping aboriginal people by giving support to their healthcare needs according to their cultural preferences. She should have consulted with the diabetes educator ensuring that she knows well about how to take care of herself (Stanhope Lancaster, 2015). Moreover, she should also consult with the general physician to care for the bump on her head and take proper medication to recover the bump. She should also appoint a social care who would be assisting her with the daily activities. A physiotherapist should visit her regul arly to develop her walking procedures and increase her mobility making it balanced and stable (Butterworth Faugier, 2013). All of these would have been planned for her so that she can develop her quality of life and live better days. References: Al Sayah, F., Szafran, O., Robertson, S., Bell, N. R., Williams, B. (2014). Nursing perspectives on factors influencing interdisciplinary teamwork in the Canadian primary care setting.Journal of clinical nursing,23(19-20), 2968-2979. Butterworth, T., Faugier, J. (2013).Clinical supervision and mentorship in nursing. Springer. Forsberg, E., Ziegert, K., Hult, H., Fors, U. (2014). Clinical reasoning in nursing, a think-aloud study using virtual patientsA base for an innovative assessment.Nurse Education Today,34(4), 538-542. Gausvik, C., Lautar, A., Miller, L., Pallerla, H., Schlaudecker, J. (2015). Structured nursing communication on interdisciplinary acute care teams improves perceptions of safety, efficiency, understanding of care plan and teamwork as well as job satisfaction.Journal of multidisciplinary healthcare,8, 33. Hunter, S., Arthur, C. (2016). Clinical reasoning of nursing students on clinical placement: Clinical educators' perceptions.Nurse education in practice,18, 73-79. Keleher, H., Parker, R., Abdulwadud, O., Francis, K., Segal, L., Dalziel, K. (2017). Review of primary and community care nursing. Klipfel, J. M., Carolan, B. J., Brytowski, N., Mitchell, C. A., Gettman, M. T., Jacobson, T. M. (2014). Patient safety improvement through in situ simulation interdisciplinary team training.Urologic nursing,34(1), 39. Koharchik, L., Caputi, L., Robb, M., Culleiton, A. L. (2015). Fostering clinical reasoning in nursing students.AJN The American Journal of Nursing,115(1), 58-61. Lancaster, G., Kolakowsky?Hayner, S., Kovacich, J., Greer?Williams, N. (2015). Interdisciplinary communication and collaboration among physicians, nurses, and unlicensed assistive personnel.Journal of Nursing Scholarship,47(3), 275-284. Rodriguez, A., Magee, M., Ramos, P., Seley, J. J., Nolan, A., Kulasa, K., ... Maynard, G. (2014). Best practices for interdisciplinary care management by hospital glycemic teams: results of a Society of Hospital Medicine survey among 19 US hospitals.Diabetes Spectrum,27(3), 197-206. Stanhope, M., Lancaster, J. (2015).Public Health Nursing-E-Book: Population-Centered Health Care in the Community. Elsevier Health Sciences. Victor-Chmil, J. (2013). Critical thinking versus clinical reasoning versus clinical judgment: Differential diagnosis.Nurse Educator,38(1), 34-36.

Lift Every Voice And Sing By James Weldon Johnson Essays

Lift Every Voice And Sing By James Weldon Johnson The author of Lift Every Voice and Sing (often called the Negro National Anthem), James Weldon Johnson had a long career as a creative writer, black leader, teacher, lawyer, diplomat, and executive secretary of the National Association for the Advancement of Colored People. Through his writing he protested racial injustice, encouraged black achievement, and added immeasurably to the wealth of American literary art. A native of Jacksonville, Florida, Johnson attended Atlanta University through graduate school. In 1901 he became the first African American admitted to the Florida Bar, but he did not re-main in Florida very long. Forming a creative partnership with his younger brother Rosamond, a writer of popular music, he began to write lyrics. They moved to New York and found fame as the ragtime songwriting team of Cole and Johnson Brothers. and founded a short-lived newspaper called The Daily American. For ten years, he wrote editorials for the New York Age, a prominent African-American newspaper. He was one of the founders and a charter member of the American Society of Composers, Authors, and Publishers, and he became field secretary for the NAACP in 1916. The song was originally written for schoolchildren at an Abraham Lincoln birthday celebration in 1900. The Creation James Weldon Johnson James E. Ransome (Illustrator) Format: Hardcover, 1st ed., 32pp. ISBN: 0823410692 Publisher: Holiday House, Inc. Pub. Date: March 1995 Edition Desc: 1st ed Songwriter, poet, novelist, journalist, critic, and autobiographer. James Weldon Johnson, much like his contemporary W. E. B. Du Bois, was a man who bridged several historical and literary trends. Born in 1871, during the optimism of the Reconstruction period, in Jacksonville, Florida, Johnson was imbued with an eclectic set of talents. Over the course of his sixty-seven years, Johnson was the first African American admitted to the Florida bar since the end of Reconstruction; the co-composer (with his brother John Rosamond) of 'Lift Every Voice and Sing,' the song that would later become known as the Negro National Anthem; field secretary in the NAACP; journalist; publisher; diplomat; educator; translator; librettist; anthologist; and English professor; in addition to being a well-known poet and novelist and one of the prime movers of the Harlem Renaissance. As the first son of James Johnson and the former Helen Louise Dillet, James Weldon inherited his forebears' combination of industrious energy and public-mindedness, as demonstrated by his maternal grandfathers long life in public service in the Bahamas, where he served in the House of Assembly for thirty years. James, Sr., spent many years as the headwaiter of the St. James Hotel in Jacksonville, Florida, where he had moved the family after his sponge fishing and dray businesses were ruined by a hurricane that hit the Bahamas in 1866. James, Jr., was born and educated in Jacksonville, first by his mother, who taught for many years in the public schools, and later by James C. Walter, the well-educated but stern principal of the Stanton School. Graduating at the age of sixteen, Johnson enrolled in Atlanta University, from which be graduated in 1894. After graduation, Johnson, though only twenty-three, returned to the Stanton School to become its principal. In 1895, Johnson founded the Daily American, a newspaper devoted to reporting on issues pertinent to the black community. Though the paper only lasted a year (with Johnson doing most of the work himself for eight of those months) before it succumbed to financial hardship, it addressed racial injustice and, in keeping with Johnson's upbringing, asserted a self-help philosophy that echoed Booker T. Washington. Of the demise of the paper he wrote in his autobiography, Along This Way, The failure of the Daily American was my first taste of defeat in public life. . . . However the effort was not a total failure, for both Washington and his main rival, W. E. B. Du Bois, became aware of Johnson through his journalistic efforts, leading to opportunities in later years. Turning to the study of law, Johnson studied with a young, white lawyer named Thomas A. Ledwith. But despite the fact that he built up a successful law practice in Jacksonville, Johnson soon tired of the law (his practice had been conducted concurrently with his duties as principal of the Stanton

The case of Jones v Padavatton Essay Example

The case of Jones v Padavatton Essay Example The case of Jones v Padavatton Essay The case of Jones v Padavatton Essay Essay Topic: Law The case of Jones v Padavatton concerned whether or not a legally enforceable contract existed between the parties, in this case a mother and daughter. The judgements of Salmon LJ and Fenton Atkinson LJ, although reaching the same conclusion have very different reasoning. Salmon LJ considered that two main factors needed to be addressed; whether or not the parties had intended a legally binding contract, and whether the terms of the contract were sufficient to be legally enforceable. The English law operates generally on an objective approach based on what a reasonable person in the position of the parties would have intended. Salmon LJ follows this approach in his judgement, stating it is a presumption of fact that when arrangements are made between family members, they are not intended to create a legal relationship but are rather based on mutual ties of trust and affection. This presumption was established by Atkins LJ in his explanation of the case Balfour v Balfour and is cited by Salmon LJ, however he does go on to accept that in some circumstances just because a, Contracting party is unlikely to extend his pound of flesh does not mean he has no legal right to. I consider that the principle illustrated by Balfour v Balfour, although fundamental for many cases, may not be so relevant considering the circumstances of this case. In a society of increased domestic disruption, illustrated through statistics such as rising divorce rates, it is very arguable that family arrangements are becoming more likely to be intended as legally enforceable. In considering the very special circumstances of this case, I consider it is possible to distinguish it from that of Balfour v Balfour and rather follow the approach of Fenton Atkinson LJ, studying the specific intention of the parties rather than the presumption derived from the case of Balfour v Balfour. Salmon LJ considers the second factor to be addressed is whether the terms of the agreement were sufficient enough to be legally enforceable. He considers the intentions of the daughter were clear- to leave Washington and study for the Bar in England, but did not consider the mother would have intended to give up all her rights concerning the house. The arrangements were too vague to have contractual intent. Similarly there is no evidence that the mother ever intended her daughter to receive any more than $200 in West-Indian terms, a month maintenance support. On this point I agree with Salmon. In English law, if the terms of an offer are not certain, the resulting agreement can fail. I do not consider that the terms were certain enough to ensure a legally binding contract, and here agree with the explanation from Fenton Atkinson LJ, that the responsibility was for the daughter to establish a contract in relation to the house and she totally failed to do so. Salmon LJ considered alongside this, that the terns of the offer could not possibly exceed five years from 1962 considering all circumstances of the case, and thus the daughter was entitled to nothing further under the original agreement Salmon LJ concluded his judgement by addressing the counterclaim referred to by the CCJ, and states that a reasonable compromise should be reached on the figures, so as not to exacerbate ill feeling between parties. This view in considered too by Fenton Atkinson LJ. Fenton Atkinson LJ addresses the issues of consideration and intention in his judgement; issues which I have to consider are far more relevant to the specifics of this case. He addresses several points in his judgement, firstly whether the agreements made between the parties were intended to be legally enforceable, secondly did the mother intend to be legally bound to support her daughter for an uncertain period of time, and thirdly did the daughter assume a contractual obligation to complete her studies. Fenton Atkinson LJ concludes that consideration was given by the daughter in the form of executed consideration, evident through her move from Washington to London, but does not consider that here consideration can determine whether the parties intended a legally binding contract. The courts generally apply an objective approach when studying intention, however I agree with Collins, who states that this objective approach conflicts with reality. Fenton Atkinson LJ, following this approach, states that it is the history of this case which most accurately points to the intentions of the parties, and highlights three important factors. Firstly, that the payments of $200 were accepted by the daughter without any indication that the mother was contractually bound to a larger sum, secondly, that when in 1964 The mother bought the property, many matters had been left open, such as the control of rents, and occupation boundaries. The final factor highlighted, and which I consider to be of huge significance, is the behaviour of the daughter when her mother visited. The daughter was evidently extremely upset that the issue had become litigated, and stated that a mother does not normally sue her daughter. This is perhaps the strongest indication that the daughter had never intended legal consequences to arise from the agreement. Fenton Atkinson LJ was satisfied that no legally binding contract had been intended, and the arrangements had been based on mutual trust. He held that the mothers claim for possession should succeed, and the appeal allowed. Although Salmon LJ and Fenton Atkinson LJ reached the same final judgement, I do not consider that the reasoning of Salmon was as relevant to this case as that of Fenton Atkinson LJ. As I have mentioned above, the objective approach applied by Salmon LJ cannot be applied in every case and may in fact be becoming outdated. The approach adopted by Fenton Atkinson LJ must be considered more appropriate for the very special circumstances of this case, and I agree that the intention of the parties was best determined through the behavioural history of the mother and her daughter rather than the judgement of Balfour v Balfour. I do not deny that the reasoning of Salmon LJ is that which the majority would be likely to adopt, and agree with many other factors he addresses, such as the judgement of reasonable time not exceeding five years. I cannot however conclude that his reasoning is of such relevance to this case, as that of Fenton Atkinson LJ.

Essay 2 Example | Topics and Well Written Essays - 3000 words

2 - Essay Example Independent variables were region, age, and gender. Region referred to the student’s place of study, and took the values of EU, OS, and UK. Age was divided into two values: regular (below 21 years old as of 1st September at the year of intake) and mature (below 21 years old as of 1st September at the year of intake). Gender took the values of Male and Female. Frequency count was used to find the number of respondents per category. In finding the relationship between continuous variables (e. g. scores), Pearson’s correlation techniques were used. In finding the relationship between categorical variables, cross tabulation and chi square tests were performed on the data. To investigate the effects of prior maths education on unit scores and overall performance, t test were conducted. Finally, to find out which variables predicted overall performance, regression analysis was performed. Presentation and Discussion of Results Demographic profile of respondents There were a to tal of 236 respondents surveyed for this study. Table 1 shows the country of origin of the respondents. Figures indicate that majority if the respondents are from the UK (36.4%), China (25.4%), and India (8.5%). In terms of the Program that the respondents are taking up, 36.4% are majoring in MSc (Hons) Management (n = 88), 26.3% in Marketing (n = 62), 16.1% in Accounting (n = 38), 12.3% in IBE (n = 29), 3.8% in Human Resources (n = 9), and 3.4% in IS (n = 8). There are 2 respondents each majoring in Decision Making and in Operations. Of the respondents surveyed, 53.8% are from the OS region (n = 127), 36.4% are from the UK region (n = 86), and 9.7% are from the EU region (n = 23). There were 87.3% of respondents who were considered regular students (n = 206), while 12.7% are mature students (n = 30). There were more female respondents in this study at 53.4% (n = 126) compared with male respondents at 46.6% (n = 110). Descriptive Statistics The primary interest of this study is the overall performance of students and the underlying factors that may predict overall performance. As such, it would be helpful to look into the descriptive characteristics of overall performance scores and the individual unit course scores (Anderson, Sweeney, & Williams, 2009). Figure 1 shows that the overall performance scores are skewed to the left, with higher concentration on the 50 to 70 range (Mean = 56.88, SD = 11.7). Table 2 reflects the mean scores of respondents in the different units. The figures indicate that students have the highest mean score in BMAN10001 (10) – Economic Principles: Microeconomics (Mean = 70.02, SD = 14.77) and the lowest mean scores in BMAN10621 (10) – Fundamentals of Financial Reporting. Table 1. Histogram of overall performance scores. Relationship between unit courses and overall performance Overall performance was measured by taking the average of a student’s unit courses. It is helpful to find out in this investigation which unit course affects overall performance most. Table 3 shows the correlation coefficients, Pearson’s r, between the unit courses and overall performance. The figures show that overall performan