Friday, August 21, 2020
The Well-Readheads Me-Me-Me Memoirs
The Well-Readheads Me-Me-Me Memoirs RJS: Okay, sugar britches, weâre talking about memoirs this week. My relationship status with memoirs is âitâs complicated.â When they are good, theyâre very, very good, but when they are bad, they are horrid. And Iâve read some of both. To start with the good: did you read Townie by Andre Dubus III? I feel like ârawâ and âcandidâ are words that get thrown around A LOT when we talk about memoirs, but theyâre actually justified in this case. It is face-meltingly good. LH: I love Townie! It was interesting to read about where he grew up, because itâs quite close to where I live. And I thought he wrote about his father with a lot more leniency than he warranted it was very classy on A.D.IIIâs part. Quid pro quo, Clarice have you read Five-Finger Discount by Helene Stapinski? Itâs about how she grew up in a family of swindlers in severely corrupt Jersey City.* It is so utterly delightful! *Stapinski grew up in Jersey City in the early seventies I am not claiming Jersey City is still severely corrupt. Iâm sure itâs a lovely place. RJS: No, but it sounds right up my alley, especially after my love affair with The Mark Inside, which is all about the evolution of con artistry. Maybe itâs the ex-psychologist in me, but I have a thing about mental health-related memoirsI canât resist âem. And man, are there some doozies out there. One awesome one, though, is Emma Forrestâs Your Voice in My Head, which is just as much about the impact a good therapist can have on personâs life as itâs about dealing with bipolar disorder. Do you have any memoir subject kryptonites? LH: Not really. Iâll read anything if it looks interesting. I do tend to pick up memoirs by people who create things I love, like musicians and authors. One of the best memoirs Iâve read recently is Rat Girl by Kristin Hersh, a founding member of Throwing Muses. It knocked the socks right off my brain. Itâs from her journals when she was a teenager, the year she started the band, was diagnosed with bipolar disorder and found out she was pregnant. She writes beautifully, with a really unique voice. RJS: I sort of go in the opposite directionwhile it can be fun for me to read about writersâ and artistsâ lives, I usually gravitate more toward memoirs by people who had pretty normal lives but find a way to pull out the humor or dysfunction or extraordinary moments. Like, thereâs nothing really remarkable about dealing with depression, but Emma Forrest tells it remarkably in Your Voice in My Head (yep, two mentions in one installmentthe book is that good); ditto for going to rehab, but Augusten Burroughsâ Dry is fantastic. And Shalom Auslanderâs religious upbringing probably wasnât significantly weirder than many, but he makes it super compelling in Foreskinâs Lament. Tell me youâve read it! LH: Iâve read it. Okay, Iâm lying, but I did read his new novel, Hope: A Tragedy, which is a scream. I have read some memoirs where extraordinary things happen to people the first that comes to mind is The Bearâs Embrace by Patricia Van Tighem. Van Tighem and her husband were attacked by a grizzly bear while hiking in the Canadian Rockies, and suffered severe injuries. I read it at least a decade ago, but I can still remember her describing the sound of the bearâs teeth scraping her skull. DO NOT WANT. I also enjoy reading memoirs about places and things I know nothing about. One of my very favorite memoirs is Donât Letâs Go to the Dogs Tonight by Alexandra Fuller, about how she grew up in South Africa during the Rhodesian Civil War. Three words: Ah. Stound. Ding. RJS: Man, I love that title. I havenât read the book yet, but every time I hear the title, I think, âAnyone who can come up with a title like that *must* have written an amazing book.â Thereâs something really perspective-giving about memoirs for meI love being pulled outside of myself and shown evidence that people go through really incredible and difficult and dangerous things and come out okay. Makes me realize that my stresses, no matter how real, are pretty insignificant. And then, of course, thereâs the voyeurism. If Iâm honest, thatâs what really draws me to memoirsIâm nosy, and I canât resist a chance to walk around inside someone elseâs head, hear their thoughts, see their dysfunctions, and maybe judge them a little. But just a little. Mostly, Iâm grateful that people are brave enough to put it all out there. LH: I see a tell-all book in your future. But what would it be called? RJS: Donât Make a Book Blogger Take Off Her Earringsand Other Tales from the Interweb. Or maybe Damn It Feels Good to Be a Ginger. Actually, the thought of writing a memoir makes me break out in hell-to-the-no hives. I prefer my relationship with tell-alls to be one-sided. They give, I take. What about you? LH: You little life-story leech! Mine would be Adderall That and a Bag of Chips. Or maybe The Hiss in Whisky. Wait, no Epic Nerdpurr: Tales of a Velocireader. But I, too, feel like Iâd never write a memoir. Maybe if I do something really exciting one day, like fight martians while riding a giant space battlecat. I have been playing around at writing essays, but lately, Iâve been in a bit of a slump. It feels like everything has already been written about. My friend was trying to talk me down the other night when I was particularly whiny. He says itâs all about how you say it, not what youâre saying. âAnd not everything has been written about,â he said. âHas everyone sat in a bathtub full of Froot Loops and milk? Has everyone accidentally stuck their butt in Daryl Hallâs face?â âNo,â I sniffed. âProbably not accidentally.â Friends are the best. RJS: I *really* want to know the Daryl Hall story, but I know how you like to be mysterious. So letâs end it here and keep folks guessing. Your turn, readers. What do you love about memoirs? What are your favorites? Sign up for True Story to receive nonfiction news, new releases, and must-read forthcoming titles.
Sunday, May 24, 2020
Technologys Impact on the Upper Mississippi River Essay
Technologys Impact on the Upper Mississippi River Since the days of Lewis and Clark men have dreamed of harnessing the Father of Waters in the interests of commerce and development. The long struggle which ensued required incredible ingenuity and determination on the part of engineers as well as enormous capital investment. The Mississippi River Commission, established in 1897, was the first federal program designed specifically to meet these requirements, and early systems, instituted by the Army Corps of Engineers, saw much success. Technological advancements in the fields of transportation, flood control, and natural resource management were needed and, eventually, emerged to provide the level of control possible today. Thisâ⬠¦show more contentâ⬠¦Army Corps of Engineers, 1996]. Faster and more powerful ships, as impressive as they were, solved only half of the problem. Old Man River himself still remained to be dealt with. Mark Twain, one of the rivers most famous folk heroes, described the Mississippi as, the crookedest river in the world, riddled with rocks, stumps, and snags eager to trap an unsuspecting steamboat especially if the water was low [1917]. Twain, as a cub-pilot, understood the rivers dangers as did the United States Congress who commissioned the Army Corps of Engineers to begin river improvements in the 1830s. Removing stumps, snags, and other hazards to navigation was the first action taken by the Corps. The remaining problem, that of the rivers depth, required a much more intricate plan. The plan involved both deepening the rivers channel and regulating its flow rate. As late as 1866, the Mississippi was so shallow in places that a person could wade across it. The Corps of Engineers was assigned to increase the channel depth to a four-foot minimum from Minneapolis to St. Louis. Before they had finished, Congress raised the requirement to four and a half feet. Twice more Congress upped the ante and in 1930, the Rivers and Harbors Act called for the present nine-foot minimum channel depth. Achieving the necessary nine-foot depth required dredging shallow spots and stabilizing the shoreline with rock and concrete to slow theShow MoreRelatedInstructor Manual37126 Words à |à 149 Pagesmight give a better idea of the results of buffalo hunting to jump ahead seven years to 1878, when Bill Tilghman, Bat Masterson, and I went buffalo hunting for sport. We traveled due west from Dodge City more than one hundred miles along the Arkansas River, south to the Cimmarron, and east to Crooked Creek again, at the height of the best hunting season over what in 18 71 had been the greatest buffalo ground in the world. Grass was as plentiful and as succulent as ever, but we never saw a buffalo. TheRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words à |à 1573 PagesThis page intentionally left blank Organizational Behavior EDITION 15 Stephen P. Robbins ââ¬âSan Diego State University Timothy A. Judge ââ¬âUniversity of Notre Dame i3iEi35Bj! Boston Columbus Indianapolis New York San Francisco Upper Saddle River Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo Editorial Director: Sally Yagan Director of Editorial Services: Ashley Santora AcquisitionsRead MoreContemporary Issues in Management Accounting211377 Words à |à 846 Pagesfulfil these roles in the coming years. In part this reflects a more general decline in the academic world as falling relative salaries and status have reduced the intake of talented academic entrepreneurs. But I also think it reflects the cumulative impact of regulatory and careerist pressures in the academic world itself. With government agencies pressing for ever more standardized and conventional research and with increasingly instrumental careerist vi FOREWORD behaviour by academics, there
Thursday, May 14, 2020
Carriage of Goods by Sea - Free Essay Example
Sample details Pages: 9 Words: 2806 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? Part A: Butcher Ltd KRY Ltd The contract of affreightment is evidenced by the bill of lading where, as here, the goods to be carried only form part of the total cargo. The liability of the carrier under the bill of lading is now subject to a combination of the rules introduced by the Maritime Law Committee of the International Law Association held in the Hague in 1921 as revised by the Brussels Protocol of 1968, known collectively as the à ¢Ã¢â ¬Ã¢â ¢Hague/Visby Rulesà ¢Ã¢â ¬Ã¢â ¢. It is agreed here that the bill of lading is subject to English law which passed legislation (the Carriage of Goods by Sea Act 1971) to implement these rules. Donââ¬â¢t waste time! Our writers will create an original "Carriage of Goods by Sea" essay for you Create order It is also necessary to have regard to the Carriage of Goods by Sea Act 1992 which governs all contracts of carriage entered into after 16 September 1992. The object of the Hague/Visby Rules is to establish the minimum obligations of the carrier and to define the maximum immunities to which he is entitled and the extent to which he is able to limit his liability. Article III, rule 2 provides: à ¢Ã¢â ¬Ã
âSubject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods deliveredà ¢Ã¢â ¬Ã . So far as the cobras in Container A are concerned, these are expressly excluded by Art.1(c): à ¢Ã¢â ¬Ã
âGoodsà ¢Ã¢â ¬Ã includes goods, wares, merchandise, and articles of every kind whatsoever except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carriedà ¢Ã¢â ¬Ã . In any event, Art.IV, rule 2 provides the à ¢Ã¢â ¬Ã
âca talogue of exceptionsà ¢Ã¢â ¬Ã which are available to the carrier under the Rules. These include: à ¢Ã¢â ¬Ã
âNeither the carrier or the ship shall be responsible for loss or damage arising or resulting from a) Act, neglect, or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the management of the ship.à ¢Ã¢â ¬Ã While there is little difficulty in interpreting à ¢Ã¢â ¬Ã
âfaults in navigationà ¢Ã¢â ¬Ã , the concept of à ¢Ã¢â ¬Ã
âmanagement of the shipà ¢Ã¢â ¬Ã is more problematic. The uncertainty arises because of the distinction between the duty to take care of the ship and a duty toward the safety of the cargo which in reality can frequently overlap. The applicable test was propounded by Greer LJ[1]: If the cause of the damage is solely, or even primarily, a neglect to take reasonable care of the cargo, the ship is liable, but if the cause of the damage is a neglect to take reasonable care of the ship, or some part of it, as distinct from the cargo, the ship is relieved from liability; for if the negligence is not negligence towards the ship, but only negligent failure to use the apparatus of the ship for the protection of the cargo, the ship is not so relieved.à ¢Ã¢â ¬Ã Thus, in Gosse Millerd, a cargo of tinplate was damaged by a failure to secure tarpaulins. The House of Lords held that since the purpose of the tarpaulins was to protect the cargo, the conduct in question related to a failure to protect the cargo rather than the management of the ship. In the case of container A, the failure was due to the failure of the crew to secure one of the side doors of the ship. This might be said to relate to a failure to protect the ship. Conversely, contained C was undamaged so it might be argued that the default was specific to the cargo in Container A and did not impinge upon the safety of the ship. It might be expected, therefore, that the ship owners will arg ue the à ¢Ã¢â ¬Ã
âsafety of the shipà ¢Ã¢â ¬Ã exception in addition to the exclusion of animals clause and the general exclusion contained in clause 3 of the bill of lading. So far as Container B is concerned, this appears to fall within the exception to the Rules described above. Two requirements must be satisfied if the carrier is to escape liability: the cargo must actually be stowed on deck and this fact must be apparent to the innocent transferee from a scrutiny of the bill of lading. In Svenska Traktor v Maritime Agencies[2], a consignment of tractors had been shipped under a bill of lading which conferred a liberty upon the carrier to stow the cargo on deck One of the tractors was washed overboard during the voyage. Pilcher J (at p.300) held: à ¢Ã¢â ¬Ã
âA mere general liberty to carry goods on deck is not, in my view, a statement in the contract of carriage that the goods are in fact being carried on deck.à ¢Ã¢â ¬Ã As is apparent from Encyclopae dia Britannica v Hong Kong Producer[3], even a liberty to do so unless the shipper lodges an objection will not suffice. Accordingly, the qualification (applicable in the event to Contained B) à ¢Ã¢â ¬Ã
âif sufficient space is not available below deckà ¢Ã¢â ¬Ã will be unlikely to save the ship from an action in this regard by Butcher Ltd since the bill of lading does not make it sufficiently clear that the cargo will be carried on deck. In this instance, it is unlikely that the carrier will be able to rely upon the exception to the Rules discussed above since the loss of Container B from the deck would appear to be reasonably foreseeable and not related to the management of the ship as opposed to care for the safety of the cargo. It is perhaps fortunate for Butcher Ltd that the carrier will incur primary liability in respect of Container B since their policy of insurance with Max Insurance Corporation is likely to be held to be seriously defective in respect of Contain er B. In Rozanes v Bowen[4], it was held: à ¢Ã¢â ¬Ã
âIt has been for centuries in England that the law in connection with insurance of all sorts, marine fire, life, guarantee and every kind of policy, that, as the underwriter knows nothing and the man who comes to him to ask him to insure knows everything, it is the duty of the assuredà ¢Ã¢â ¬Ã ¦to make full disclosure to the underwriters, without being asked, of all the material circumstances.à ¢Ã¢â ¬Ã This principle was applied in Hood v West End Motor Car Packing Co[5] in which a policy of insurance was avoided on the basis that the assured had failed to declare that the cargo may be carried on deck thus increasing the risk. The subject of deviation is treated strictly by the Rules. Article IV, rule 4 limits permissible deviation to à ¢Ã¢â ¬Ã
âany deviation in attempting to save life or property at sea or any reasonable deviationà ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã . It is said[6] that à ¢Ã¢â ¬Ã
âthe co urts in the United Kingdom have given an extremely restricted interpretation to the term à ¢Ã¢â ¬ÃÅ"reasonable deviationà ¢Ã¢â ¬Ã¢â ¢ with the result that there are few reported cases in which the concept has been successfully invokedà ¢Ã¢â ¬Ã . However, in this instance, the bill of lading contains an express clause allowing deviation in à ¢Ã¢â ¬ÃÅ"special circumstancesà ¢Ã¢â ¬Ã¢â ¢. Since clauses of this type are principally inserted for the benefit of the shipowner, they will be interpreted strictly and contra preferentem. In Glynn v Margetson[7], a cargo of oranges was loaded in Malaga for shipment to Liverpool. The bill of lading gave the vessel express permission to à ¢Ã¢â ¬Ã
âproceed to and stay at any port or ports in any rotationà ¢Ã¢â ¬Ã . Despite the breathtaking breadth of this provision to which the shippers had agreed, it was held not to protect the shipowner when the vessel called at ports not on the geographical route to Liverpool whe n the oranges consequently arrived in a damaged state. In this instance, it may be argued that the inclusion of a reference to à ¢Ã¢â ¬Ã
âspecial circumstancesà ¢Ã¢â ¬Ã means that this liberty should be construed more strictly and Master Gabettaà ¢Ã¢â ¬Ã¢â ¢s deviation to Valletta does not fall within the definition of such circumstances and the purported protection should be struck down in any event in accordance with the principle propounded in Glynn. Traditionally, such an unjustifiable deviation was regarded as a fundamental breach of the contract of affreightment. Doubt was cast upon this as a result of the decisions in Suisse Atlantique[8] and Photo Production v Securicor[9] but the best guidance is probably to be obtained from the Court of Appeal judgments in The Antares[10] in which Lloyd LJ expressed the view that à ¢Ã¢â ¬Ã
âthe deviation cases should now be assimilated into the ordinary law of contractà ¢Ã¢â ¬Ã . Wilson[11] opines: à ¢Ã¢â ¬Ã
âSuch an approach would require the courts to take into consideration the entire terms of the contract, including both exceptions and liberty clauses, with a view to discovering whether, on their true construction, the parties intended them to apply to the new situation, I.e. the substituted voyage.à ¢Ã¢â ¬Ã On such a construction, it appears highly unlikely that the personal imperatives of Master Gabetta would absolve the ship owners from liability in respect of the damage to the watermelons. However, it should be borne in mind that such damage could be argued not to have been caused by the diversion to Valletta but rather by the ensuing delay of some three weeks that was enforced by the port workers strike. Butcher Ltd may be argued to be at the mercy of the strike but the reasons for it will have to be scrutinised. In The New Horizon[12], Lord Denning MR stated: à ¢Ã¢â ¬Ã
âI think a strike is a concerted stoppage of work by men done with a view to improving their wages or conditions, or giving vent to a grievance, or making a protest about something or other, or supporting or sympathising with other workmen in such an endeavour. It is distinct from a stoppage which is brought about by an external event such as a bombscare or an apprehension of danger [emphasis supplied].à ¢Ã¢â ¬Ã However, unless the strike can be blamed upon such an external factor, it is probable that the shipowner will be protected by the exception supplied by Art.IV, rule 2(j) of the Rules which expressly provides for à ¢Ã¢â ¬Ã
âstrikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or generalà ¢Ã¢â ¬Ã . So far as KRY Ltd is concerned, the bill of lading will act as a document of title to the goods in Container C. This is now expressly provided for by the Carriage of Goods by Sea Act 1992 which provides that title to sue is vested in the lawful holder of the bill of lading with à ¢Ã¢â ¬Ã
âlawful holder à ¢Ã¢â ¬Ã being defined, inter alia, as an indorsee of the bill. The ability of KRY Ltd to sue in tort is subject to the qualification provided in Margarine Union v Cambay Prince[13] in which a cargo of copra was seriously damaged as a result of the negligence of the ship owner. The plaintiff was the holder of a delivery order for part of the cargo issued by the seller under a c.i.f. contract. As the plaintiff did not become owner of the goods until they were ascertained on discharge, it was held that an action in negligence could not lie. This betrays an underlying public policy consideration, namely, the reluctance of the courts to allow recovery for pure economic loss and the undesirability of allowing an indorsee to sue in negligence, unconstrained by the terms of the contract of carriage. This principle, therefore, may well prevent KRY Ltd from pursuing an action in negligence alone and they will therefore be limited by the principles applicable to Container C discussed a bove. Part B: Amount of Cargo At common law the bill of lading in the hands of the shipper is prima facie evidence of the quantity or weight of goods shipped. Accordingly, if the Master is unable to check the quantity, he is at risk of exposing the carriers to liability in the event that the discharged cargo fails to amount to the quantity recorded. The burden upon the carrier is a heavy one since it will then require him to prove that the goods were not in fact shipped. The balance of probabilities test does not apply in this situation and therefore it will not be possible to argue that it is more likely than not (as would appear common sense) that the goods delivered equate to the goods loaded. In Smith v Bedouin Steam Navigation Co[14] 988 bales of jute were delivered under a bill of lading which stated that 1000 bales had been shipped. Lord Shand stated that: à ¢Ã¢â ¬Ã
âThe evidence must be sufficient to lead to the inference not merely that the goods may possibly not have been shipped, but that in point of fact they were not shipped.à ¢Ã¢â ¬Ã In Grant v Norway[15], the position was more extreme still: the Master had signed a bill acknowledging that 12 bales of silk had been shipped where in fact none had been taken on board. It was held that the indorsees of the bill were not entitled to recover when it was in fact established that no bales had been shipped. Jervis CJ stated: à ¢Ã¢â ¬Ã
âIt is not contended that the captain had any real authority to sign bills of lading unless the goods had been shipped; nor can we discover any ground on which a party taking a bill of lading by indorsement would be justified in assuming that he had authority to sign such bills, whether the goods were on board or not.à ¢Ã¢â ¬Ã This created an anomaly in that it rendered meaningless the signature of the Master upon a bill of lading where it was subsequently possible to prove that his acknowledgement of quantity had been incorrect. The Hague/Visby Rules (Art.III, rule 4) remove this protection from the Master in this situation by providing that statements as to quantity in a bill of lading are conclusive evidence in favour of a consignee or indorsee who takes the bill in good faith. This is reinforced by s.4 of the Carriage of Goods by Sea Act 1992 which provides that representations in a bill of lading are conclusive evidence against the carrier in favour of the lawful holder of a bill. However, the Master here has the advantage of being able to contract out of the representation of quantity in the bill. In New Chinese Antimony Co Ltd v Ocean Steamship Co[16], a bill of lading expressly stated that 937 tons of antimony oxide had been shipped. However, the bill contained a standard clause to the effect that à ¢Ã¢â ¬Ã
âweight, measurement, contents and value (except for the purpose of estimating freight) [are] unknownà ¢Ã¢â ¬Ã . This was a powerful decision in favour of carriers since the Court of Appeal held that this pre-printed clause even had the effect of displacing the express statement as to quantity and that such a statement in such circumstances was evidence only of the amount which the shipper maintained to be comprised in the cargo. It is recommended therefore that the Master in this situation protect the position of his owners by an indorsement on the bill in such terms as à ¢Ã¢â ¬Ã
âshipperà ¢Ã¢â ¬Ã¢â ¢s countà ¢Ã¢â ¬Ã , à ¢Ã¢â ¬Ã
âsaid to beà ¢Ã¢â ¬Ã ¦Ã ¢Ã¢â ¬Ã or even a flatly contradictory à ¢Ã¢â ¬Ã
âweight and quantity unknown. He should be aware, however, that under the Hague/Visby Rules, (Art.III, rule 2) the shipper is able to demand that the carrier issue a bill of lading showing à ¢Ã¢â ¬Ã
âeither the number of packages or pieces, or the quantity or weight as the case may be, as furnished in writing by the shipperà ¢Ã¢â ¬Ã . The carrier is under no obligation to issue a bill acknowledging the quantity of cargo unle ss required to do so by the shipper. Failure to observe this procedure will of course generally operate to the prejudice of the ultimate consignee. However, it also provides valuable protection to a Master in a situation such as this. This Master should therefore exercise care since the basic position under the Rules is the same as that at common law in terms of the prima facie evidentiary value of the bill of lading so far as determining quantity is concerned with the important qualification that the Rules also provide protection in this regard to a third party to whom the bill has been transferred acting in good faith. The very fact of acting in good faith would give rise to an estoppel preventing the carrier denying the quantity of the bill of lading (no consideration is required) and the Master should have regard to this potential consequence in addition to any duty immediately apparent. Bibliography Dockray, M., Cases and Materials on the Carriage of Goods by Sea, (3rd Ed ., 2004) Treitel, G., The Law of Contract, (11th Ed., 2003) Wilson, J., Carriage of Goods by Sea, (5th Ed., 2004) Westlaw International Convention for the Unification of Rules of Law Relating to Bills of Lading, Brussels, August 25, 1924 (à ¢Ã¢â ¬Ã
âThe Hague Rulesà ¢Ã¢â ¬Ã ) Footnotes [1] Gosse Millerd v Canadian Government Merchant Marine, dissenting judgment upheld by the House of Lords at [1929] AC 223 [2] [1953] 2 QB 295 [3] [1969] 2 Lloydà ¢Ã¢â ¬Ã¢â ¢s Rep 536 [4] (1928) 32 LlLR 98 at 102 [5] [1917] 2 KB 38 [6] Wilson, J., Carriage of Goods by Sea, (5th Ed., 2004), p.19 [7] [1893] AC 351 [8] [1967] 1 AC 361 [9] [1980] AC 827 [10] [1987] 1 Lloydà ¢Ã¢â ¬Ã¢â ¢s Rep 424 [11] Op. Cit., p.22 [12] [1975] 2 Lloydà ¢Ã¢â ¬Ã¢â ¢s Rep 314 at p.317 [13] [1969] 1 KB 219 [14] [1896] AC 70 [15] (1851) 10 CB 665 [16] [1917] 2 KB 664
Wednesday, May 6, 2020
Understanding the Inevitable in The Catcher in the Rye Essay
Understanding the Inevitable in The Catcher in the Rye If something is inevitable, it will occur at some point in time. It is an event that will occur no matter what is done to stop it from happening. In the book The Catcher in the Rye, Holden Caulfield tries to stop himself from maturing into an adult. The book details the events that happen to show Holden that he cannot overcome maturity because maturity is inevitable. Holden Caulfield has failed out of three other prep schools before his parents enroll him at Prencey. The first chapter takes place during the last days of Holdenââ¬â¢s first term at Prencey. He has failed four of his five classes, and because of this, he has been asked to not return for the next term. The headmasterâ⬠¦show more contentâ⬠¦Holden is excited about the possibility of participating in a sexual encounter with Sunny, the prostitute. I sort of just wanted to get it over with (Salinger 95). Once she arrives he can not bring himself to complete the act. ...but do you mind very much if we dont do it? (Salinger 96). Holdens relationship with his younger sister, Phoebe, provides another example of Holden wanting to mature, but stopping himself before he commits the act. Phoebe, although much younger, chastises Holden for not wanting to mature. You dont like anything thats happening (Salinger 169). The things that Phoebe is talking about are rites of passage for maturity - a sexual experience and graduation from school. Holden is still not convinced that he cannot stay a child forever. Holden shows this in his response to Phoebes chastisement. ...I have to catch everybody if they start to go over the cliff-I mean if theyre running and they dont look where theyre going I have to come out from somewhere and catch them (Salinger 173). The ledge Holden wants the children to stay on is childhood while the pit they will eventually fall into is adulthood. He wants to keep everyone, including himself, from becoming an adult. The inevitable must occur at some point in time. Holden cannot delay maturity forever. Holden finallyShow MoreRelatedThe Innocence of Childhood in The Catcher in the Rye by J.D. Salinger1262 Words à |à 6 Pagesas a responsible, mature individual. The novel ââ¬Å"The Catcher in the Ryeâ⬠by J.D. Salinger follows the endeavours of Holden Caulfield, a sixteen-year-old teenage boy who faces a point in his life where he must make the transition from childhood to adulthood. In an attempt to retain his own childhood, he begins hoping to stop other young children from growing up and losing their innocence as well. As indicated by the title, ââ¬Å"The Catcher in the Ryeâ⬠is a book that explores a theme involving the preservationRead More Holden Essay1040 Words à |à 5 Pages Holden Caulfield, the narrator and the main character of The Catcher in the Rye by J.D. Salinger, is a young adult, who, at first seems to simply describes his four day adventure in New York City after bring expelled from his forth school. However, at the same time he narrates more; through his many experiences, which he describes in the book, we can see the themes of the work. The theme that definitely stands out is the loss of innocence. Holden portrays himself as an individual, who does notRead MoreCharacter Development Of Holden Caulfield1105 Words à |à 5 Pagesthus important in the development of society. As such, society expects people to constantly change and adapt. Readers typically expect to see the development of characters throughout novels, or other pieces of literature. In the novel, ââ¬Å"The Catcher in the Ryeâ⬠, J. D. Salinger deviates from the normal progression followed by most novels by characterizing the protagonist as an individual undergoing temperamen tal changes and uncertainty throughout the novel. This novel is known to have attracted criticismRead MoreDeath Of A Salesman Analysis1351 Words à |à 6 Pageshis fatherââ¬â¢s unrealistic expectations and start focusing on himself. Biff is finally able to break free of the mental burden of trying to fit Willyââ¬â¢s definition of success, resolving his internal conflict. In addition to Biff, Holden in The Catcher in the Rye and Seymour Glass in A Perfect Day For Bananafish, also express their own crises of meaning and the different ways in which they resolve them. Biffââ¬â¢s crisis of meaning, in Arthur Millerââ¬â¢s Death of a Salesman, stems from the idea of success thatRead More Catcher in the Rye Essay: Holden - The Misfit Hero2101 Words à |à 9 PagesThe Misfit Hero of The Catcher In The Rye à à à à The Catcher In The Rye by J.D. Salinger was published in 1951. A recurring theme in J.D. Salingers stories concerns people who dont fit in with the traditional American Culture. Salingers misfit heroes, unlike the rest of society, are caught in the struggle between a superficial world and a conscious morality (1 Wildermuth). In his attempt to create a new and realistic portrayal of the times, Salinger first, effectively creates Holden CaulfieldRead MoreCatcher In The Rye Self Alienation Essay730 Words à |à 3 PagesIn J.D. Salingerââ¬â¢s, Catcher in the Rye, Holden excommunicates himself from everyone he knows because he does not like who they present themselves to be. Holden is extremely closed minded about everyone he knows and he does not understand how to communicate with others; however these actions put Holden in a state of self-alienation. Salinger uses Holden to show how loneliness can leave people in a fragile state and if not helped then it could lead to death. In Catcher in the Rye, Holden does not knowRead More Catcher in the Rye Essay: Holden and the Complexity of Adult Life1172 Words à |à 5 Pages Holden and the Complexity of Adult Life What was wrong with Holden, the main character in The Catcher in the Rye, by J.D.Salinger, was his moral revulsion against anything that was ugly, evil, cruel, or what he called quot;phoneyquot; and his acute responsiveness to beauty and innocence, especially the innocence of the very young, in whom he saw reflected his own lost childhood.à There is something wrong or lacking in the novels of despair and frustration of many writers. The sour noteRead More Catcher in the Rye Essay: Holdenââ¬â¢s Metamorphosis1954 Words à |à 8 PagesHoldens Metamorphosis in The Catcher in the Rye à à à à J. D. Salingers The Catcher in the Rye is the chronicle of a young mans metamorphosis from immaturity to unsure manhood. Holden Caulfield, the protagonist, is a sixteen-year old boy who leaves the prep school he has been expelled from to escape the frightening reality of dealing with his parents. However, during his visit to New York City he is faced with the harsh reality that he cannot continue to hold onto his childhood. Holden isRead MoreEtymology and Symbolism of Characters Names in Catcher in the Rye1967 Words à |à 8 PagesNames in Catcher in the Rye à à à à Catcher in the Ryes pallid cover, adorned only with seven multicolored bands in its upper-left corner, is not what one would call eye-catching. Its reverse side lacks criticisms or reviews of any sort; in fact, it is bare of anything except a copyright date. Human beings are advised not to judge books by their covers, rather that they should look further than the obvious and try to apprehend the implied meaning. The world has peered past Catcher in theRead More The Catcher Essay2456 Words à |à 10 Pagesadolescent struggling with growing up in the novel The Catcher in the Rye, is not aware of these mediums. To him the two worlds seem to be as different as heaven and hell with no purgatory in between. Holden has no positive adult role models, his only concern is preserving innocence and the only people he truly cares about and respects are children. Holden Caulfield fears the transition from child to adult in J. D. Salingerââ¬â¢s novel The Catcher in the Rye be cause childhood is so inviting and adulthood is
Tuesday, May 5, 2020
Holden Caufield Emphasizes On The Loss Of Innocence In Children. He Fe Essay Example For Students
Holden Caufield Emphasizes On The Loss Of Innocence In Children. He Fe Essay els that once they lose their innocence, they will soon turn into phonies like everyone else. The loss of innocence is very common in the development in human existence. It is caused by many factors. Past a certain age, children are either forced or led unintentionally into a pathway of corruption. A child is also known to lose their innocence by desires, fantasies, and attention. But once they lose their innocence, they tend to desire to go back and pretend to be young again. In the Catcher in the Rye by J.D. Salinger, Holden discusses the importance of innocence in childrens lives. He feels that once a child loses his/her innocence, he/she will soon be leaded to a life of corruption. Holden also focuses on all the phonies in the world. He feels that the phonies are the reason why children lose their innocence. He defines phonies as people who are liars, corrupted, and people who experienced everything. However, he doesnt realized that he is a phony himself since he has lost his innocence too. Holden thinks that no one loves him so lying to people is a way of telling people that he doesnt want to be hurt anymore. He is also experiencing the feeling about being all-alone in the corrupted world. He is isolated from everyone thinking that no one is going through what he is going through. He shows how he is lonely by wandering the streets by himself, doesnt want to talk to people, and by wanting to be loved by someone. He tries to escape the realities of life by remembering the past with his brother Allie, sister Phoebe, and older brother D.B. Holden doesnt only discuss the innocence and corruption but the way the world changes. He isnt able to adjust to things that changed but he feels more comfortable in places that never changed at all. For instance, he feels really happy when he sees the Natural Museum of History. Holden gets very mad when he saw the graffiti on the side of his sisters school. He just dont want young children to see what he was seeing. He felt like painting over the writing. Holden has many roles in this book. He is also trying to keep children from making the same mistakes that he made in the past. He really wants to help them but he doesnt realize that he isnt. Children have to learn what they did wrong so that they know not to do it again. John Claud wrote an article called, Just a Routine School Shooting. Thomas Soloman Jr. was an average 15 year-old boy, who faced the same problems as other teenagers. He attended church and didnt care much about the Gothic life. He attended Heritage High School in Conyers, Georgia. No one died but only six students were injured. Thomas had access to a high0caliber weapon but he chose to use a .22 rifle to shoot up the school. On Thursday morning, Thomas, whom most people called T.J., just got over a break-up with his girlfriend, Stacy Singleton. She spotted T.J. entering the school with his fathers .22 rifle. Students that attended the high school thought that the first few shots were firecrackers. He began firing into the schools indoor commons. He wasnt aiming and was holding it down towards the floor. Ryan Rosa, a junior was injured in his leg. The shooting ended quickly. The rifle T.J. used can only hold a dozen rounds without reloading. When he was finished, he was found kneelin g on the floor with a powerful .357 magnum revolver. He put it into his mouth trying to commit suicide. Cecil Brinkley, the assistant principal of the school tried to convince T.J. that everything was going to be okay. Cecil Brinkley took the gun out of his mouth while watching him collapse to the floor. While searching T.J.s room, they found that he had bomb recipes, notes on where to plant explosives at the school, and writings about his despair. Advertisement project EssayCITATIONSIf a body catch a body comin through the rye. (Page 173, 3rd paragraph from the top)The Catcher in the Rye is not only about the loss of innocence but the activity of innocence. Holdens vision of standing in front of the cliff and protecting the playing children from falling symbolizes how much he wants to dedicate his life to keep the children from falling. He is also trying to express that he is one of the children and that he wants someone to catch and protect him from falling off the cliff. Holden has consumed so much corruption but fears that no one is going to keep him from falling. This particular quote defines the title of the book. A catcher in the rye is an occupation that only lives in Holdens mind. Holden has this fantasy about being a catcher in the rye only to protect children and him. Holden also doesnt discuss what type of child would he catch. No matter what they have done or did, he just wants to save all types of children. His whole mission is to save them from falling off the cliff. Not really falling off a c liff but just to save them from the whole world. You know those ducks in the lagoon right near Central Park South? That little lake? By any chance, do you happen to know where they go, the ducks, when it gets all frozen over?(Page 60, 3rd paragraph from the top)This quote defines Holdens difficulty to adjust to the changes around him. He feels comfortable in places where they havent changed. For instance, he visited the Natural Museum of History in New York and he gets very happy that the place hasnt changed since he first went there on a school trip. Holden feels isolated from the world because he feels that no one is going through what he is going through. The Catcher in the Rye doesnt really focus on the loss of innocence but it discusses how an individual feels about the changes in the world. Holden fears that all the changes will expose all adolescent lives to the loss of innocence and corruption. Holden is one unique character. He expresses many feelings towards people. Holdens curiosity towards the ducks in Central Park tell s us that he isnt comfortable in this world and that he has many questions to be answered about life. BibliographyBIBLIOGRAPHY1. Claud, John. Just a Routine School Shooting TIMEMay 31, 1999 pages 34-432. Daley, Suzanne. Runaways of 42nd Street: AIDS Begins its Scourgehttp://www.nytimes.com/library/national/science/aids/ May 30, 19983. Magil, Frank N. (Editor). Masterpieces of AmericanNew York, Harper Collins Publishers, Inc. 19934. Salinger, J.D. (Jerome David). Catcher in the RyeMassachusetts, Little Brown and Company 1951
Saturday, April 4, 2020
Explore the outsider in Silas Marner Essay Example
Explore the outsider in Silas Marner Essay The novel Silas Marner is a story set in the nineteenth century and for this reason people act differently towards strangers, this is because communities were a lot closer than the average town or city at the present day. These reasons meant that new comers were alienated from the rest of the community. This is obviously pointed out in the first page when in the book it is said, how was a man to be explained unless you at least knew their father and mother. In my essay I will explore how Silas Marner is exposed to a community in which the worst is thought of strangers and how this leads to an unholy figure being created due to superstition. The book opens with Silas being compared to a dead man with comments made about his appearance. For example on page six Silas is described as having large brown protuberant eyes in Silass pale face. Also it is stated on page eight that the women of the town would never marry a dead man come to life and Jem Rodney says, Marners eyes were set like a dead mans. This simply shows that purely from Silas physical appearance he had already been separated from the rest of the community and it didnt help that superstition clung easily round every person or thing that was at all unwanted. The book compares Silas to a spider. We will write a custom essay sample on Explore the outsider in Silas Marner specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Explore the outsider in Silas Marner specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Explore the outsider in Silas Marner specifically for you FOR ONLY $16.38 $13.9/page Hire Writer This increases villagers suspicions, because spiders are creatures feared and not often seen, just like Silas. The book does this by making Silas seem as if he was hiding in Raveol. This is just like a spider hides in a house and this image is created on page fifteen it says set within sight of the widespread hillsides, than this low, wooded region, where he felt hidden from even the heavens by the screening trees. It continues to pursue the relationship between Silas Marner and a spider by saying that Silas would make children take to their legs and run in terror which is traditionally the reaction associated with spiders. However the obvious feature strengthening the bond between Silas and a spider is his weaving because of a spider and the complex web it often weaves. However the weaving meant more than just his career, the loom symbolised Silass life constantly moving but not going anywhere and on a literal level the loom was Silass way of making money. The money itself replaced contact with people however when his money is stolen Silas becomes upset, as if he had lost his friends. However when Eppie arrived she took the moneys place and Silas mistakes her golden curls for his money and consequently comes to love Eppie more than his gold. This symbolism is all based around his loom and ironically the structure of the play is based on a simple woven item. The first threads are woven loosely and as time progresses vital threads are added and the whole piece comes together. Silas was the loose threads, Eppie was the vital threads and the finished product was the reunited village. The village is a very close community, everything is discused in the local pub and everyone is so close due to them all being a purely bred part of the village. On page eight it backs this idea up and says that linen-weavers-emigrants from the town into the country werent born and bred locally. The book shows how close the people are and how they trust each other but not anyone outside of their community. They do this by wrongly accusing Silas of theft, who was outside of their community and then finding the peddler guilty, and although the peddler was actually guilty the author made it so that it was obvious that it had to be the stranger. This is displayed when a man thinks of the obvious option, the peddler. This was displayed in the book when it states a man accustomed to putting two and two together this just shows that these people live in a box, where only strangers do wrong and that they never think outside the box. Its just ironic that the clue to who committed the crime was a tinderbox. On page sixty it shows they took this as a strong lead to who committed the robbery when it is written that the inference generally accepted was, that the tinder-box found in the ditch was somehow connected with the robbery. Silas is helped more by Dolly Winthrop than anyone else. She plays a dominant role in the later stages of the book by acting like a mother to Eppie and a tutor to Silas. On page one hundred and twenty she tutors Silas by teaching him that buying clothes is expensive because they grow so fast, its ill spending the money on them baby-clothes, for the children ull grow like grass she says. However its on the same page that Dolly shows how she will help him when ever possible and to the best standard she can, meaning that she is a friend. She does this by saying Ive got the little petticoats as Aaron wore five years ago. Then she plays a mother role to Eppie and offers Silas reassurance in the upbringing of Eppie, she says youd like to see her taken care of by those who can leave her well off an make a lady of her. The village needed a stranger to show them that there was an imperfect world outside of Ravelo and things like fathers leaving their families is just one example. Silas needed the village of Ravelo to fulfil his life with the things he didnt have such as a community to befriend him.
Sunday, March 8, 2020
Marketing Plan Phase II Johnson and Johnson
Marketing Plan Phase II Johnson and Johnson Market identification and a clear understanding of the demographic vagaries of a specific market remains one of the most important aspects of producing products that are tailored to meet the need of a market (Armstrong Kotler, 2011).Advertising We will write a custom research paper sample on Marketing Plan Phase II: Johnson and Johnson specifically for you for only $16.05 $11/page Learn More The target market for the Johnson and Johnson baby lotion will be based on a differentiated market and thus will target more on babies of five years and below. This is because the products from the company are designed to meet the needs of babies who are between this age bracket both male and female. The companyââ¬â¢s organizational buyers consist of wholesalers and retailers in the market. The wholesalers in the country import the finished products from Johnsonââ¬â¢s baby in containers. These wholesalers specialize in one product and may even engage in advertisin g the products within the country of their operations. They have large warehouses to store the product before selling it. The wholesalers sell to the retailers in smaller units. Some other retailers also act as wholesalers whereby several wholesalers come up together and purchase the Johnson baby lotion directly from the firm at a lower price and later subdivide the products among themselves. The retailer breaks the Johnson baby lotion into single packets or bottles and sells them either to the small retailers in the market or to the final consumers of the product. The factors influencing organization buying include economic conditions whereby the changes in the inflation rate and interest rates will affect the demand of Johnson products. An increase in the interest rate will lead to a reduction in the quantity demanded while a rise in inflation of importing country will also lead to reduced importation (McCarthy Perreault, 1994). Secondly, changes in politics affect the economy of the country leading to changes in the quantity of the Johnson baby lotion product demanded. Thirdly, changes in the social environment also will affect the demand of the product.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More For example, if the society perceives that lotion is not good with young babies, this will automatically lead to a reduced demand for Johnson baby lotion. Fourth, is competition whereby if Johnson company competitors come up with a new product in the market, this will automatically alter the productââ¬â¢s demand. The factors that influence consumersââ¬â¢ buying behavior include cultural factors such as if use of lotion is perceived negatively in a particular community, then the demand for Johnson baby lotion in that community will be low. Secondly, there are social cultural factors such as family, reference groups, roles and status groups in the society. For example, if adult ladies prefer to use lotion rather than solid body oils, this will lead them to purchase Johnson baby lotion for their babies. Thirdly, demand is affected by personal factors such as age, occupation and lifestyle. For example, if where a person works most of the people prefer to buy Johnsonââ¬â¢s baby products, a person may also be influenced to be buying the same products. Like any other organization operating in a perfect market, Johnsons and Johnsons is faced with various factors of competition. The competitors of Johnson and Johnson baby lotion include the companies that produce baby lotions such as Aveeno, the Natural Baby, Fulton Street Market among others. These are big companies that pose a threat in the market. For example, Aveeno and Natural Baby pose a big threat as they also produce the baby lotion herbal products which are currently said to be chemical free. If these factors are not perfectly considered, they may lose their market s hare due to the currently rising demand of herbal products in the world. The strengths for Johnson Johnson baby lotion over their competitors in the market include the strong brand image of Johnson Johnson Company products where they are believed to be of high quality and effective in their use. This makes the company market share to even continue to increase as more people purchase the product. The other strength is continued innovation and thus coming up with new and better baby products in the market such as the Johnson natural lotion, bedtime lotion, after bath lotion, cream among others. These developments will help the company to maintain or increase its market share as the new products are to the current needs of babies.Advertising We will write a custom research paper sample on Marketing Plan Phase II: Johnson and Johnson specifically for you for only $16.05 $11/page Learn More Besides the aforementioned strengths, Johnson Johnson is buoyed by th e fact that it is an international company. It has invested a lot in assets such that a new company that wants to get in must invest heavily on assets in order to compete with Johnson Johnson. Since Johnson Johnson focuses only on one market its competitors are targeting several market segments, this may limit their development of new products in the baby segment that Johnson target. This gives Johnson Johnson a competitive edge over its competitors. References Armstrong, G., Kotler, P. (2011). Marketing: An introduction. (10th ed.). Upper Saddle River, NJ: Prentice Hall. McCarthy, E., J. Perreault, W., D., (1994). Basic marketing: Selected cases. New York: McGraw-Hill Higher Education.
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