Research Paper on Classic English Literature

Research Paper on Classic English Literature Research Paper on Classic English Literature Sample Research Paper on The Great Gatsby: Introduction The story begins with Nick Carraway getting a house in Long island in a place called West egg. He was a scholar and had been educated at the Yale University. During the First World War, Nick got a job in France and, this is when he travelled the world. Nick was not satisfied with the life that he lived. Therefore, he decided to move to the small town and start again. During a visit to her cousin Daisy, Nick learns about the name of his neighbor, well known for throwing parties all the time. The neighbor, Jay Gatsby is a rich man who lives in a big mansion. Nick learns that Jay was an old-time love of her cousin Daisy. The two met five years ago and became extremely intimate friends. When Jay proposed to Daisy, she refused to marry him because he was not rich and, he had to go and work far away for a long period (Bloom, 72). Daisy instead married a young man from a sophisticated family who had so much money. Jay was hurt by daisy because she refused to marry him because he was poor. He worked tirelessly and eventually became a rich man. He then bought a house near the marital home of Daisy in a bid to rekindle the love they once had. Nick brings the two together when he invites both of them to his house. Daisy likes the new Jay and the love they once shared comes back to life. Daisy does not feel guilty that she is has extra marital affairs. This is because she knew the extra marital affair that her husband had with the wife of a petrol station owner. Daisy and Jay spend a lot of time together and this raises the suspicion of her husband. Jay did not seem to care whether she was married. To him, Daisy as his wife and all the years that he was away, Daisy had an affair with Tom. He believes that she is his wife so much that he told her he had forgiven her for having an affair. Tom storms into a room in New York where Daisy and Jay were. In the intense argument, he exposes the illegal dealings that Jay has that made him rich. Daisy and Jay drive away from Tom and on their way to Long Island they hit the lover of Tom (Luthbury, 140). She was running away from her husband who had locked her in. The truth about Jay wo unded the relationship they had with daisy. However, he still believed that he could win her back. The husband of the mistress of Tom shot and killed Jay assuming that he was the one who killed her. During his burial ceremony, Nick is annoyed because not all the people who called themselves friends of Jay and even partied with him appeared for his burial. The play can be in three parts. The first part is when Daisy and Jay meet. The two become close and fall in love over time (Bloom, Pp. 67). When Jay asks the question that he obviously knows would be answered positively, he receives a tremendous shock. Daisy refuses to marry him because he is a poor man. Another reason that Daisy gave Jay for refusing his proposal is that he is in the military. Therefore, he would be sent very far away, and she could not see him for an awful long time. Daisy then marries a rich man who is from a sophisticated family. Even though he was not good to her and treated her badly. This showed how Daisy was very hungry for money. She was so fast to leave a man that she had come to know just because he was not rich. He could not give her all the things that money could buy. She instead threw herself to a rich man for his money. His character and personality did not matter a lot to daisy. The second part of the play is during the period which Jay and Daisy rekindle their love. Jay went to extremes to try to make Daisy happy. This is because he started illegal dealings so that he could get rich and be able to buy a house near the marital home of Daisy. He is so desperate that he calls for parties now and then to get the attention of his lost love. When they meet in the house of Nick, Daisy is impressed because of the money Jay has. She then starts an extramarital affair with Jay (Fitzgerald, 200). She consoles herself that even her husband is has a relationship with another woman. Jay even stops calling people to party at his house when he finally learns that Daisy does not enjoy parting. The love between the two ends when Tom catches them in a room and exposes the dirty dealings of Jay. There is an intense argument and many people who were their friends witness the confrontation. Daisy does not want anything to do with Jay. After all the efforts that Jay had put to ma ke her happy, she rejected him so fast. He had even endangered his life through the illegal dealings, but Daisy did not consider that. The third part of the novel is when things get from worse to worst because of the affair of Jay and Daisy. When they leave the hotel, Daisy who is driving the car of Jay accidentally hits the mistress of her husband. The husband of the mistress, Wilson, had learned of her affair with Tom and locked his wife indoors. Daisy does not stop when she hits the mistress but continues to drive. Wilson, who is the owner of a petrol station is very hurt and seeks to kill Jay. He had assumed that he was the one who killed his wife. Tom seeking revenge had confirmed that indeed Jay had killed her. He finally kills Jay when he finds him in his swimming pool. He shoots him in the head and commits suicide. The number of people at the funeral of Jay is very small. This is opposed to the number of people that came to his parties and claimed to be his good friends. His parents traveled long distances to come and bury their son. It could have been better if he had paid more attention to his family than trying to woo a lost love. Nick is the person who witnessed the unfolding of the events. He is the one who made the two meet up, and it is from there that they get back together and start an affair. Nick who is the cousin of Daisy sees this as trouble and stops being close friends with the two people. He knew that only bad things would come from having the affair. Therefore, he becomes close with Jordan Baker who knew Daisy for a very long time. When Daisy killed the wife of Wilson, her husband assumed that it was Jay. He even confirmed to Wilson that indeed Jay had killed his wife. Tom had also exposed the illegal dealings of Jay to Daisy. He ensured that he had destroyed Jay. Nick was not happy when he learned of this. He was not pleased that all this mess had happened because Jay wanted her cousin back. Nick changed completely after the funeral of Jay. He noticed that not all the friends of Jay were there (Maurer, 45). The people who attended his funeral were not many. This was different to the number of people who came to the parties that Jay had and pretended to be his friends. Nick realized that all the efforts that Jay put to impress Daisy were a waste of time. The life of Jay ended so fast because he was obsessed with his past lover. He let Daisy drag him to his death. Nick changed his character completely and even stopped being friends with Jordan. Later on, he returns back home. He is the character who brought Jay and Daisy together by inviting the two into his house. This shows that he supported the relationship between Jay and Daisy. At the same time, he is not happy with the outcome of the events and does not want to be involved in their scandals (Fitzgerald, Pp 120). In the end, he cuts off all channels with them and returns home. Infidelity is a habitual thing in the novel. This is because there is more than one spouse cheating on his or her partner in the story. Wilson was cheating on his wife. The wife of Wilson was also cheating on her husband with Tom (Bloom, Pp. 67). Daisy was cheating on her husband with Jay. The author may have used this theme to show the sexual independence that people had after the First World War. He tries to show how people used the freedom to abuse marriages. Many people in America engaged in immoral behaviors that were not acceptable before the First World War. In their quest for a new America they mistook sexual immorality for happiness and pleasure. Through the story of Daisy, he shows how some women could accept to marry any man that had a lot of money and was from a good background. The people who came to the parties that Jay also showed abuse of sexuality freedom. This is because the author says that the people who came to the party left the party with a different person fro m the one they were with when they came. However, the love that Jay tried to rekindle with Daisy cannot be viewed as abusing sexual independence. This is because Jay believed that he had just married her and that she had been waiting for him all this years. The marriage that Daisy has with Tom did not exist in the world of Jay. He believed that Daisy was cheating on him with Tom and Jay forgave her for that. The publication of the novel influenced many people because apart from talking about the romantic story of the love that Jay had for Daisy, the author has an underlying message. The author talked about the different issues that people were facing at the time. He portrays the rotten morals that people had in the early twentieth century (Bloom, 45). He portrays this by talking about greediness and the wild quest of obsessions. The author shows how people misinterpreted the American Dream by chasing worldly riches and pleasure instead of looking for the good ideals of the American dream. After the First World War, people found life to be more difficult, and everyone was fighting to become rich. The suffrage movement led to more crime and illegal businesses in the United States. The author depicts these hard times and changes in his characters. Meyer who dealt with illegal businesses symbolizes the time after the suffrage movement when illegal businesses grew (Fitzgerald, Pp 94). The struggles to fit in the new America are depicted by the stories of Jay and Nick. They had to move in to a new place and try to fit in after the war was over. The obsession of Jay to become rich shows how people after the war were trying to become economically big. The difference between the people who were rich before and those trying hard enough to get there is depicted well in the novel. This is by the West Egg that refers to the people who became rich after the war, and the East Egg are those who were rich even before the war. Many people misinterpreted the American dream. They thought that it meant that it was the quest for wealth and obsessive happiness. The author showed the Americans how wrong they had interpreted the rights made in the constitution. The constitution made at that time in the United States stated that, â€Å"everyone has a right to liberty, life and the pursuit of happiness†. Many misinterpreted the quest for happiness with the quest of wealth. The author showed that the quest for money could only bring trouble. The obstacle to the happiness of Jay and Daisy was money. It was the reason why Jay would never be with Daisy. This shows how Americans allowed themselves to be driven with greediness and illegal dealings and it led to separation between the people who were wealthy before the war and after the war. They could never see each other in the same way. In the novel, the author talks about how the American dream lost its meaning. Like in the novel, the colonizers who came to America wanted to make it a better place. The colonizers were filled with dreams to make America a pleasurable place where there was love, equity and freedom. When they got to America, their dreams changed and they were after money, and they were filled with greed. This is because they saw the rich resources in America and each one of them wanted a share. Many people enjoyed the book and learned a lot from the stories talked about in the book. This influenced some people to change their ways by acquiring new values. They understood that there is a big difference between wealth and happiness and that being rich does not guarantee a person happiness or peace. Conclusion From the novel, it is clear that the author had an inner meaning and an outer meaning in his novel. The novel has many different stories surrounding two people, Jay and Daisy. Some scenes were very good and carried important messages. They include the scenes where Jay and Daisy finally meet after five years and how they started becoming lovers after that, when Tom catches Daisy cheating on him and when Wilson shoots Jay and then takes his life too. Nick changed his life completely and even returned home after he saw what happened to his friend Jay. He now understood firsthand how bad it is to be driven with obsessions and greediness. The novel talks about the activities that took place after the First World War and how it changed the American Dream of people. From the novel, it is clear that it is better to find true happiness than to try to look for wealth, as it will just cause troubles. ______________ is a professional research paper writing service which can provide high school, college and university students with 100% original custom written essays, research papers, term papers, dissertations, courseworks, homeworks, book reviews, book reports, lab reports, projects, presentations and other assignments of top quality. More than 700 professional Ph.D. and Master’s academic writers. Feel free to purchase a research paper on Classic English Literature from our custom research paper writing service.

Positive Effects of Martial Arts on Bullying Among the Youth Essay

Positive Effects of Martial Arts on Bullying Among the Youth - Essay Example The bullies usually have the false confidence of masculinity. The martial art makes the youth strong and strong-willed. It protects the youth from being the easy targets for the bully youth. Confidence is enhanced by proper training in martial art skills like taekwondo and karate. The perception that the youth are strong keeps the bullies away. Consequently, martial art helps in the protection of the youth against the harrowing experience bullying. The martial arts also enhance discipline among the youth. Discipline equips the youth with the skills of handling matters in society in a technical manner. The inconsistency in the behavior of youth causes mayhem regarding bullying behavior. The bullies get disciplined and abandon the bullying practice because of the discipline. This situation enhances the practice of acceptable ethical behavior among the youth. It helps in the reduction of the bullying practice among many youngsters. Maekoya asserts that a martial art helps youth to be responsible for their behaviors, especially when faced with the threat of bullying (p. 501). For instance, a bullied youth may exacerbate the situation through the provocation of the bully. Discipline enables a youth to act responsibly when faced with the challenge. Discipline encompasses many areas of a person’s life. It enables youth to present them in a dignified manner, regardless of any form of provocation. It promotes the rule of law and order and reduction of bullying among the youth. The discipline also enables the use of common sense in deliberating issues. The martial art also enhances respect among the youth. The bullies are compelled to have respect for their fellow youth. This enhances dignity in the relationship among the youth. The respect helps the bullies to appreciate the other youth. Consequently, they are emphatic towards their fellow colleagues. It makes the practice of bullying, inappropriate for them. The vulnerable youths

Aging in place Assignment Example | Topics and Well Written Essays - 250 words

Aging in place - Assignment Example Most of these adults prefer living alone in their residential homes. Therefore, they lack support especially when walking down the stairs, in the shower or even while crossing the road. This has had major implications in housing and neighborhood designs all over the United States and particularly in Canada. It is rather evident that an aging population also requires a change in the housing predilections and necessities. Most seniors require house modifications with grasp bars, nonskid floors, walk-in bathtubs, more lighting and no staircases (Thomas, 2008). In cases where the house has stairs, they would prefer the installation of extra rails or even opt for home elevators instead of the stairways. In Canada, most of the elderly population is based in the urban centers due to better access to sustenance services (Black, 2008). Furthermore, public transportation is also a major issue for the elderly both in the rural and urban areas in Canada. Most elderly people use public transport whose access is scanty in rural areas (Canada Mortgage and Housing Corporation, 2008). This restricts them from accessing support services and partaking in the community life. Moreover, neighborhoods for the seniors should be separated from busy working people. Health and social services such as police protection should have stronger emphasis in neighborhoods having elderly individuals (Hegland, 2009). This will allow them to live their everyday life without worrying about any form of injury. This promotes a senior-friendly atmosphere. Therefore, the community should come up with strategies to incorporate the senior population by developing houses that are conducive for the elderly, improving the provision of community services and converting unused land into recreational facilities which bring them together (Canada Mortgage and Housing Corporation, 2008). Canada Mortgage and Housing Corporation (2008). Impacts of the aging of the Canadian Population on Housing and

C200 Exam Assignment Example | Topics and Well Written Essays - 1000 words

C200 Exam - Assignment Example 2. Urging the TFG leadership to reach out to traditional and moderate Islamists, including individuals formerly affiliated with the now-defunct Council of Islamic Courts, and moderate groups not previously incorporated into the Council of Islamic Courts. 4. Continued leverage of U.S. assistance programs to support new and expanded programming in the areas of security sector reform, employment and income generation of high-risk youth, and activities providing quick-impact peace dividends in strategic geographic areas. 2. Absence of functioning institutions in Somalia for over 15 years, the rebuilding of law enforcement, judicial, health, education, and other services which will largely be starting from scratch and will require significant external assistance. 1. Early fulfilment of the deployment mission which is a key element in instilling in the Somali people confidence that the peace process is underway and fully supported by the international community. 2. Offering support to the deployment of the African peacekeeping mission, and in particular the Ugandan contingent which requires support with strategic transport, equipment procurement, and other logistics. 3. Assisting with force generation by training and equipping African contingents deploying to Somalia through the African Contingency Operations Training and Assistance (ACOT A) program by The United States government. 4. Encouraging the TFG to facilitate the development of a civilian police force a along with the formation of a unified military representative of all of Somalia’s clans. The TFG efforts will further be supported by the deployment of a stabilization force to Somalia, which will provide a secure environment in which a political process can be moved forward and effective security institutions be developed. 1. Promoting the commitment of the Somali Diaspora to support financially the development of

Responsibility Project Essay Example for Free

Responsibility Project Essay â€Å"If there was a red pill and you could take it, and there would be no side effects and your disability would be gone. Would to take it?† (Liberty Mutual’s The Responsibility Project, 2012). Anjali Forber-Pratt is paralyzed from childhood. She conquered issues uncommon to most able-bodied individuals such as social pressures, critical personal decisions, and relationships between legal and ethical issues, but she could win gold at the Paralympics. Organizations such as the Paralympics, and the University of Illinois, have overcome the issues of culture and precedence to do what is ethical right. They create strong influence over societies thoughts and provide experiences to those who may not otherwise have access to them. The responsibility and ethical culture of these organizations shows how beneficial changes to attitude and tradition can be. Issue Importance Losing mobility in society is challenging, but overcoming those challenges can be accomplished. Anjali Forber-Pratt had a dream to race in a wheelchair in the Olympics, she achieved that goal and won. Taking what you were giving and make the most of it is exactly what she did. She inspires people everyday to never give up and that they can do anything they set their heart on. Her parents were criticized based on the ethical perspectives of others for the way they treated her as a child. When she fell out of her chair, her mother would not pick her up. Instead she would encourage Anjali to pick herself up because one day her mother will not be there. Her mother was strong and wanted her to have the best life, teaching independence over dependence was the way to ensure Anjali could live a normal life. Anjali gave herself to her dream of racing, trying to push herself to become better against the external pressures at odds with disabled people in societies. External Social Pressures External pressures for anyone can bend everything we believe in or stand for. Within organizations, culture can be stronger when widely accepted by a group; it can withstand higher external pressures. As demonstrated by Citicorp, an organization could build a culture strong enough to withstand external pressures such as national cultural beliefs (Trevià ±o Nelson, 2007). For Anjali, a Paralympics world record holder, external pressures that had affected her life in immeasurable ways and fortunately drove her into organizations that had already built strong cultures of support and acceptance for disabled individuals. The University of Illinois is the original leader in driving the needs of organizational culture changes regarding how people with disabilities are assisted and treated in an academic atmosphere. There are not many years between the time our society viewed the disabled as incapable of normal life and the current view that they are no less capable than those without disabilities. Organizations like the University of Illinois and the Paralympics have provided an external pressure to many other organizations to change their culture out of the shared responsibility we have to each other, whether disabled or not. External pressures can drive positive or negative changes. In the case of Anjali and other disabled individuals the shift in our culture over the last 20 years has been in support of the responsibility we have to create equal access to life and the joys in it that most of us experience. Relevant to Organizational and Personal Decisions The decisions involved with disabilities and the changes in both organizational and personal areas are both areas that an organization and individuals must be responsible for. For instance, in an organizational environment, being responsible for making handicapped accessible areas is something mandated in most, if not all areas of the United States. An example of this would be making sure that there is a way into a building primarily accessed via stairs. Making the decision to uphold this rule is a sign of upholding the responsibility to making areas otherwise inaccessible to handicapped individuals an accessible area. Within personal decisions, it is an individual’s responsibility to notify the proper individuals if a rule or law is not being upheld to allow access to handicapped individuals. Relationship between Legal and Ethical Issues The ethical and legal relationship of citizens with disabilities has not always been equal. As stated above, until recent years the rights and advocacy for people with disabilities simply did not exist. The legal rights and privileges of such people have slowly caught up with the ethical. It is ethical for a modernized country, like the United States, to allow Americans with disabilities to live as normal a life as possible. These people deserve the ability to live a normal life within the realm of possibility. In the short film, Anjali proves that it is possible for those with disabilities to reach and achieve their own dreams. As far as her everyday life is concerned, it can be ideal for many to drive, go to college, and even live alone. The legal ramifications of allowing such dreams to occur have slowly matured over the last few decades. With legal acts concerning the ADA, and others, many new buildings and government or state run facilities have an obligation to be accessible to citizens with disabilities. Perhaps the greatest of feats is finally convincing the public that just because a person has a disability does not mean they are not capable of doing great things. It is and can be a great feeling, to know that the judicial side of government has a firm statement on the well being of those disabled. In turn, America has taken one more step in forging a long-lasting ethical/legal bond for some truly amazing people. Anjali said â€Å"No† to taking the little red pill. Ethical principle affects our daily lives and who we become today. Anjali chose a different path, overcoming the obstacles handicap people face. She conquered issues such as social pressures, critical personal decisions, and relationships between legal and ethical issues. She won gold at the Paralympics inspiring thousands of people. References Liberty Mutual’s The Responsibility Project (2012, September 11). Responsibility Sports: Anjali [Video file]. Retrieved from http://responsibility-project.libertymutual.com website: http://responsibility-project.libertymutual.com/films/responsibility-sports-anjali#fbid=r7MA1ox2-ul Trevià ±o, L. K., Nelson, K. A. (2007). Managing Business Ethics. Straight Talk About How To Do It Right (4th ed.). Retrieved from The University of Phoenix eBook Collection database.

Html and How it Works :: Essays Papers

Html and How it Works There are almost 300,000 Aborigines in Australia. About 34,500 live in Sydney. There is debate about when Aborigines migrated to Australia from Papua New Guinea and the Indonesian archipelago. There is evidence of occupation about 50,000 to 60,000 years ago. The earliest archaeological evidence of Aboriginal occupation of the Sydney area is 15,000 years ago at Emu Plains in Sydney's west. Captain Cook guessed that the population of Aborigines for all of Australia would have been about 150,000. Recent estimates are that the Aboriginal population was about 750,000 in 1788. Governor Phillip guessed that there were no more that 1500 Aborigines living in the Sydney area. The first official census of Aborigines did not take place until 1971. Aboriginal people throughout the Sydney area identified themselves more strongly as members of smaller clans or bands. There were an estimated 29 different bands liming in the Sydney area, and between seven and eleven based near the shares of Sydney Harbour and the nearby coast. Each band had approximately fifty members. The general collection of beliefs is known as the Dreaming. The Dreaming not only explains the past and how the present came to be, but also prescribes codes of conduct for important events. When Arthur Phillip was given his instructions from the British government before the First Fleet sailed, he was not instructed to negotiate or enter into treaties with the Aborigines for the use of purchase of land. To Europeans, possession or title to land depended on working or cultivating it. Cook had observed on his journey on the Endeavour that Aborigines did not work or improve the land, so that it was terra nullius, and therefore able to be claimed by the British government. The official instructions from the King, however, ordered Phillip to treat the Aborigines in a conciliatory fashion and that any wrongdoing towards them was to be punished. The critical difference between European and Aboriginal notions of land possession and ownership was that, for the Aborigines, there was no conception of the right of an individual to hold property to the exclusion of everyone else. For the colonists, there was no conception of anything else. Aborigines were closely connected to the land, but in a wider and more collective sense, not in the personal legalistic manner land was possessed in European society. From the outset, the stage was set for a fundamental and irreconcilable clash between cultures, which would soon impoverish the lives of Australia's indigenous people.

Aspects Of Contract Essay

Task: 1.1: Explain the importance of the essential elements required for the information of a valid contract? Offer A valid offer identifies the bargained-for exchange between the parties and creates a power of acceptance in the party to whom the offer is made. The communication by one party known as the offeror to the another party called the offeree b) Acceptance To constitute a contract, there must be an acceptance of the offer as noted above. Until the offer is accepted, both parties have not assented to the terms and, therefore, there is no mutual assent. Offeree in a manner invited or required by the offer. Whether an offer has been accepted is a question of fact. The effect of acceptance is to convert the offer into a binding contract. To form a contract it is necessary that there is a party capable of contracting and a party capable of being contracted with on the other side. In other words, to enter into a valid, legal agreement, the parties must have the capacity to do so. Consideration No contract will exist without sufficient consideration due to agreement with the other two party has agree with the term and condition as well. Mutual Assent There must be mutual assent or a meeting of the minds on all negotiated terms between the parties and on all the essential elements in terms of the contract to form a binding contract. Intention to create legal relation In some jurisdictions, the parties must also have a present intent to be bound by their agreements. It is not necessary that the assent of both parties be given at the same time. Also, it is not necessary that communication of the assent be simultaneous. Task 1.2: Discuss the impact of different types of contract? A bilateral contract is an agreement between at least two people or groups. A bilateral contract is enforceable from the get-go; both parties are bound the promise. For example, one person agrees to wash the other’s car in return for having his/her lawn mowed. Acceptance of the offer must be communicated for an agreement to be established. A unilateral contract is one where a party promises to perform some action in return for a specific act by another party, although that other party is not promising to take any action. Acceptance may take effect through conduct and need not be communicated Task 1.3: Analyse terms in contracts with reference to their meaning and effect? Terms of contract set out duties of each party under that agreement. Generally, the terms of a contract may be either: Wholly oral, wholly written and partly oral and partly written. Terms are to be distinguished from statements made prior to the contract being made. Express terms When a contract is put down in writing, any statement appearing in that written agreement will usually be regarded as a term, and any prior oral statement that is not repeated in the written agreement will usually be regarded as a representation, due to the assumption Implied term These are terms that courts assume both parties would have intended to include in the contract had they thought about the issue. They are implied on a â€Å"one-off† basis. Two overlapping tests have been trade used to ascertain parties’ intention. Business efficacy test: terms must be implied to make contract work. There are terms which the law will require to be present in certain types of contracts (i.e. not just on â€Å"one-off† basis and sometimes irrespective of the wishes of the parties). Task 2.1: Apply the elements of contract in given business scenarios? Offer can be seen from the case when Tam’s college offers admission to it student who under take s the vocational qualification. Acceptance can also be seen from the student when they agree to bound by the school regulations. Consideration is when the student promise to act in certain way. This is particularly important where the agreement involves a promise to act in a particular way in the future. Task 2.2: Apply the on terms in different contracts? Conditions These are the most important terms of contract. Serious consequences if breeched. Innocent party can treat contract as repudiated (and thus is freed from rendering further performance of contract) and can sue for damages. Description in contract of term as â€Å"condition† is not necessarily determinative of question whether term is condition. Courts tend to search for evidence that parties really intended term to be such. Task 2.3: Evaluate the effect of different terms in given contract? Conditions are so important that without them one or other of the parties would not enter into the contract. Consequently, to make a condition  falsely, or to breach a condition, is viewed so seriously that the wronged party will be entitled to treat the contract as void, voidable or at least rescinded. Where the term is a warranty, the wronged party will only be able to seek monetary damages for any loss suffered. Task 3.1: Contract liability in tort with contractual liability? The non-breaching party has a duty to mitigate damages. If it does not do so, its damages will be reduced by the amount that might have been avoided by mitigation. In employment contracts, the employee is under a duty to use reasonable diligence to find a like position. Liquidated Damages A liquidated damages provision will be valid if (i) damages (ii) the amount agreed upon was a reasonable forecast of compensatory damages. If these requirements are met, the plaintiff will receive the liquidated damages amount even though no actual money damages have been suffered. If the liquidated damages amount is unreasonable, the courts will construe this as a penalty and will not enforce the provision. Task 3.2: Explain the nature of liability in negligence? The primary function of the Law of Torts is to provide remedies to claimants who have suffered harm, loss, or an infringement of rights. The harm includes physical injury to persons or property, damage to persons’ reputations or financial interests, and interference with persons’ use and enjoyment of their land. However, just suffering such a loss does not necessarily mean the law will provide a remedy; a claimant must show that the person committing the tort owed them a duty of care and that the tort caused the loss. Task 3.3: Explain how a business can be vicariously liable? The company is liable when the manager is under the control of the employer that the employer tell the employee how to the work and when to the work. the work that the employee does forms part of the general business of the organisation. There is a contract of service between the organisation and the employee. Daniels v Whetstone Entertainments Ltd [1962] A nightclub bouncer forcibly ejected Mr Daniels from the premises following a disturbance. Once outside, the bouncer assaulted him. Task 4.1: Apply the element of the tort of negligence and defences in different business situations? Negligence is an important tort that covers a wide range of situations where persons negligently cause harm to others. In order to succeed in an action for negligence, it is necessary for a claimant to establish the following three elements: 1. The defendant owed the claimant a duty of care. 2. The defendant breached that duty of care. 3. Reasonably foreseeable damage was caused by the breach of duty. Task 4.2: Apply the elements of vicarious liability in given business situations? Employers are vicariously liable for Employee acts authorized by the employer Unauthorized acts so connected with authorized acts that they may be regarded as modes (albeit improper modes) of doing an authorized act. There is normally rarely an issue as to whether a given act falls within the first category The difficult cases involve assessing the connection between the act and the employee’s employment. Bazley established that the connection between the employment and the tort contemplated in the second branch of the Salmond test had itself to be addressed in two steps: The Court must first examine â€Å"whether there are precedents which unambiguously determine on which side of the line between vicarious liability and no liability the case falls.† If the prior case law does not clearly suggest a solution, then the Court is to resolve the question of vicarious liability based on a policy analysis directed at ascertaining whether the employer’s conduct created or enhanced the risk that the tort would occur. Task 4.3: Discuss three methods you can use to apply elements of tort properly in a work a place? CONTROL One of the traditional explanations of vicarious liability is that the employer should be vicariously liable since the employer controls the activities of her employees. The relationship between the parties As duties in tort are fixed by law, the parties may well have had no contact before the tort is committed. Unliquidated damages The aim of tort damages is to restore the claimant, in so far as money can do so, to his or her pre-incident position, and this purpose underlies the assessment of damages. Tort compensates both for tangible losses and for factors which are enormously difficult to quantify, such as loss of amenity and pain and suffering, nervous shock, and other intangible losses.. LIST REFERENCE Atiyah P S — Introduction to the Law of Contract (Clarendon Press, June 1995) ISBN: Beale/Bishop and Furmston — Contract — Cases and Materials (Butterworth, October 2001) Cheshire/Fifoot and Furmston — Law of Contract (Butterworth, October 2001) ISBN: Cooke J — Law of Tort (Prentice Hall, May 1997) ISBN: 0273627104