Significance Of The Representation Of The City English Literature Essay

Significance Of The Representation Of The City English Literature Essay In this essay I will be discussing three very diverse texts which will allow me to bring into light a various number of views and interpretations of the city. I will be focusing on D. H. Lawrences Women in Love, T. S Eliots The Waste Land, and finally Virginnia Woolfs Mrs Dalloway. All texts will help me come across the different insights, views and personal feelings towards the city the authors felt. Many of these authors develop their ideas and emphasise on the affects of the city through their characterization, this essay will further help me develop the representation of the city and look into it in more detail. I will focus on a number of areas such as characters, settings, thoughts and views in the texts in order to gain an answer as to what the significance of the representation of the city may in fact be in connection to its authors. As we read on through the poem, Eliot continues to present the Waste Land as a very complex poem; it tackles and confronts a variety of contradictory ideas and understandings. The intended meaning of the poem may come across as something different to both critics and readers; it can in effect be seen as a text that can have a variety of meanings and can be interpreted by anyone in their own ways. The text can be seen as being interpreted through the person and society, or can also be interpreted on a personal note where Eliot may seek to reveal his own feelings and intentions as to why he wrote the poem. The main theme of the poem can be distinguished through the way in which Eliot portrays modern life as a Waste Land. He supports this theme by showing what was wrong with society in the early twentieth century. He demonstrates the lack of faith in the poem through a number of ways; he puts into words the weakness of society by presenting a certain lack of faith, lack of communication , and corruption of life, alcohol and sex. At one point he shows one of the characters saying I can connect nothing with nothing.  [4]  This indicates the character having no faith or confidence in them self; there seems to be no connections and no meanings to her life, it seems to come across as though her life is just a waste. In the text Eliot speaks about the crowdedness of the city many of times. The Unreal city, Under the brown fog of a winter dawn, A crowd flowed over London Bridge, so many, I had not thought death had undone so manyà ¢Ã¢â€š ¬Ã‚ ¦ The fast paced text conveys allusions which create a sense of crowding in the city. London is depicted as a very busy city, a place where something is always happening; it is illustrated as being different in contrast to what you would experience in the countryside. The Waste Land creates an unattractive image of London, we feel appalled by the amount of industrialization taking place as the surroundings are described as being encircled by the brown fog. The depiction of the industrialized city can become so shocking and brutal that it can in some ways be seen as a character. Furthermore The Waste Land conveys several distinct images that help to present a deeper meaning to the text. As we read through the poem, we come across the lines Sweet Thames, run softly, till I end my song.  [5]  This sentence conveys a feeling of sadness and obscurity. This frame of mind is related to the lines that follow which talk about death and sorrow, the mood of the text comes across as very dark and threatening. One of the main points seems to come into light through the portrayal of the River Thames. This river can be seen as symbolising death, it is like a bridge which the dead spirits need to cross over in order to face death. By saying that this person wants the river to run softly before the song ends indicates that this character is near death, and after his story has been said, he will be ready to accept it. Death in itself is a very dark topic in relation to the title of the poem; this passage can be seen as linking the time and the place together before death . The place is shown not to exist in the living world or the dead; it is conveyed as being something which is in between. This area can be seen in many ways as a Waste Land just as the poems title suggests. The Waste Land can be linked to many things in this poem, in this case it can be where the river Thames lays, a place where the living and the dead do not inhabit. The imagery bought across in these lines is very effective in relation to the mood and themes they set in the poem. They give the mood of sadness and mourning which gives deeper meaning to the rest of the text. All the way through the preceding lines after the Sweet Thames, there is a sad mood which flows in the course of the text. As the readers read on in The Waste Land, they get a feeling which indicates that even if they were to read something happy and cheerful in the poem it would still have a dark effect. The imagery of death, sorrow, sadness and gloom is very effective in this case as it allows the poem to set a feeling for the rest of the text. In the Waste Land à ¢Ã¢â€š ¬Ã‚ ¦the images and symbols fall broadly into two categories-firstly, images drawn from myth and religion, and secondly, images taken from the common aspects of urban life.  [6]   The modern city in contemporary literature is shown to be very complex in the 20th century. Within literature there are a number of writers who move towards the physical reality of the modern urban life and surroundings; Virginnia Woolf in many ways is a good example of this. In her novel Mrs. Dalloway, we are presented with the citys obscure feelings that link the perception of the two main protagonists together. The characters Woolf looks at are the the centre of life itself  [7]  . On the contrary, D.H. Lawrence has been the most provocative of modernist authors  [8]  , he shows his own understanding of the city as a place of desolation and division. His text Women in Love illustrates London as a corrupted city which is populated by outward characters who can only find their pleasure and happiness in sex, drinking and taking part in criminal activities. Both of these modernistic texts allow us as the readers to identify the different representations of urban life in a chan ging city; we are presented with images of the actual London and the illusory London. Both of these texts can in many ways portray similar themes, feelings and ideas towards the city which The Waste Land has previously been seen to do in this essay. In addition Mrs Dalloway and Septimus are characters in Woolfs novel who capture the passing moments of their lives in a city. Both of these characters are shown to be walking through the city and feeling the liveliness of London. Their responses to the same city symbols vary from one another. Septimus Smith says everything had come to a standstill  [9]  whereas Mrs Dalloway shows us she is amused by the noise and high energy of the city life. The opposing reflections both of these characters present show how their everyday city-occurrences result in a contradictory presentation of the city life; it offers an accurate sense of reality within this way of life. We can see this being present in the novel as Woolf uses free indirect speech. Her form of expression is a good linguistic technique in the novel; it acts as a verbal counterpart to the mental moments of uncertainty within the reality of urban life. In this sense, the contrasting reflections on the same incidents and Woolfs new form of expression result in an overlapping of the characters consciousnesses which at the same time link to images presented in the novel. In D.H Lawrences work on the other hand, traditional language is not enough to show his understanding and feelings towards modernity. The city is illustrated as a complex, and socially diverse place, the new forms of expression are essential in order to work in opposition to the growing sense of isolation. Lawrence is shown to be using repetition in his work in order to bring across the crowdedness and light-headedness of the atmosphere in the city. Birkin says I always feel so doomed when the train is running into London. I feel such despair, so hopeless, as if it were the end of the world.  [10]  The diction Lawrence chooses to use is very interesting to look at, he uses hopeless in different contexts and repeats himself in order to bring across Birkins emotions towards the city. We can say that the actual meaning of the diction he dec ides to use may in fact change and be a connection to the modern city and environment where it bears a resemblance to the new time of order and effectiveness. The characters in Women in Love are shown to undergo different experiences and feelings in relation to the modern city, for example they are shown to feel misery and corruption in the text. Lawrence brings across the unattractiveness of the urban and industrial city and establishes the citys mentality into the minds of the miners. As a result, he creates a perfect, inhuman system of machines, where the miners begin to deny their humanity in feeling satisfied to belong to the great and wonderful machine, even whilst it destroyed them  [11]  . There is a lot of depiction of the state of mind in Women in Love; Woolf also brings across this mental absorption of the citys characteristics through the characters she presents in Mrs Dalloway. Doing everything on time and being exact is something which is part of most modern minded people, this is symbolised by the way in which time is shown on Big Ben in the novel. Virginia Woolf presents the city as a physical place presenting the menta l state of mind of the characters. For Mrs Dalloway à ¢Ã¢â€š ¬Ã‚ ¦silence falls on London; and falls on the mind  [12]  , this in many ways indicates a deep connection between the inner thoughts and emotions and the outer world. Septimus consciousness reflects the understandings of the outer world. He did not want to die. Life was good.  [13]   There are many ways in which we can see that the link between the city and the mental life is illustrated through the character of Peter Walsh. On one hand Peter suffers from the loneliness in London as he feels a strangeness of standing alone, alive, unknown, at half-past eleven in Trafalgar Square.  [14]  However he also uses this feeling to keep track of the young woman before she is lost in the city crowd. Peter chasing the young woman may in fact symbolize the change of social behaviour and interactions between the two sexes within the restrictions of the city. In Women in Love a new directness regarding sexuality is presented as a consequence of the changing cultural environment in the city. Alcohol and sexual excitement are presented as the main occupations of the Pussum and the other residents of the flat. Although Gudrun regards London as a foul town, it is within the urban city where her new understanding of art is recognized. In the flat, a weird number of modernist wo rks of art and influences are shown to symbolise the directness to non-traditional art. Within this environment of the modern city, we are presented with the Brangwen sisters as having much better chances to live their eminent individual personalities than within the well-known closeness of urban Beldover. Although Birkin and Gudrun detest the masses, Mrs Dalloway looks at the small crowdà ¢Ã¢â€š ¬Ã‚ ¦gathered at the gates of Buckingham Palace  [15]  from the distance it becomes striking and beautiful. It is the sense of an endless society and quality which attracts Woolf, Lawrence nonetheless is shocked by the crowds single mindedness. It is interesting to note that the characteristics of the crowd are not obvious for all citizens of the city. In conclusion we are able to identify the significance of the representation of the city in all three works by Lawrence, Eliot and Woolf. There are many different modernist representations of the city which come across in all three texts. What T.S. Eliot pictures as an isolated, distressed area, is in fact for Virginia Woolf a symbolic landscape of life and vibrancy, and for D.H. Lawrence an urban area of despair. All three diverse understandings and ideas of the city are reflected in the characters presented in the texts by the modernist authors. For this reason we are shown how Mrs Dalloways consciousness presents an optimistic image of the city, which is contrasted by both Birkin and Gudruns negativity. On the other hand, we do not only get the general approach of the presentation and its significance, the authors are shown to be expressing their personal and individual understandings and views of the city. The citys attitude of precision is symbolised within Geralds modernization of the coalmines which introduce the perfect inhuman machines to Beldover. Exactness can also be found in the strikes of Big Ben in Mrs Dalloway. Furthermore, in Mrs Dalloway the cities characteristics are mirroring the state of mind of the characters and give therefore another perspective of the urban landscape. In addition, Lawrences and Woolfs new modernist techniques of expression have the ability to cope with the progressively altering conditions of modernity within the city life. Woolfs free indirect speech gives a full meaning and insight into the awareness of the characters, therefore giving them a much better and accurate understanding of their own individual views of the city. Lawrence uses repetition in his language in order to improve his conventional understanding of particular terms and provides the city with new characteristics. As a result, the individual and subjective experiences of the authors offer a complex and deeper picture of the reality and unreality of a w eak city. WORD COUNT: 2732

Themes in Faulkner’s Go Down, Moses Essay -- Faulkner’s Go Down Moses

Themes in Faulkner’s Go Down, Moses The three main themes I can place in Go Down, Moses are the role/significance of family structure (familial relationships), the idea of property/ownership, and the relationship between man and nature. The story â€Å"Was† presents a story involving the black branch of the McCaslin family tree (Tomey’s Turl is biologically Carothers McCaslin’s son who has been betrayed by his father who allows him to be raised as a slave). It establishes a major theme (the idea of being raised by someone other than a biological parent) that will be further developed as the novel progresses (â€Å"Delta Autumn† presents a reunion between the black and white branches of the McCaslin family). Because Rider is not related to the McCaslins and because he does not appear elsewhere in the book, â€Å"Pantaloon in Black† is a story seemingly very disconnected from the rest of the stories in Go Down, Moses. However, thematically, there are many links (i.e. the themes of masculinity, family, and loss/grief, which are prevalent throughout the novel). â€Å"Pantaloon in Black† deals with ...

Candide Essay

Throughout his novel Candide, Voltaire utilized satire, characterization, and techniques of exaggeration and contrast to attack Candide’s two-dimensional outlook on life and to disprove the overly optimistic philosophy that Candide and Pangloss represent. While the experiences of Candide and Pangloss conflict dramatically with this philosophy, both choose to maintain their beliefs in this regard. Voltaire uses Candide as a tool to accuse the various aspects of his zeitgeist. Through his techniques, he attacks multiple points of view and even the Enlightenment he represented. Candide is a story about the two dimensional character of Candide, who is taught from birth not to think for himself and to accept the ideals of others. He chooses to follow the local philosopher Pangloss, who preaches that everything is good, and that the world is the â€Å"best of all possible worlds†. Throughout the story, Voltaire dramatically disproves this philosophy over and over, but the protagonist sticks with this belief. Each of the characters in Candide represents a different aspect of his zeitgeist, most of whom Voltaire brutally attacks with his satire. After examining Candide in Western thought and movements, there is no doubt that the work is highly critical of many of the social institutions of the time. Still, while criticizing many of the societal aspects such as religion, the class system and the detested monarchy in France Candide is not free from the biases and â€Å"unenlightened† thoughts that the revolutionary movement in France was based upon. The philosophers wanted to work through established forms, including the monarchy and even the Church† by doing so, there were not quite as revolutionary in their beliefs since they did not attempt to go outside of the system of oppression to draw their insights. Even though Voltaire was known for verbally announce the equal rights of women, this emotion is not apparent in his fiction, especially considering the fact that the main female characters are prostitutes, women that marry for money, disease-spreaders, and most importantly victims. In terms of religion, Candide explores the hypocrisy that was rampant in the Church. Consider for example, the inhumanity of the clergy, most notably the Inquisitor, in hanging and executing his fellow citizens over philosophical differences. Moreover, he orders the flogging of Candide for merely, â€Å"listening with an air of approval† thus proving himself somehow implicit in blasphemy. Church officials in Candide are depicted as being among the most sinful of all citizens; having mistresses, engaging in homosexual affairs, and operating as jewel thieves. These three subjects—religious intolerance, greed, and denial of love are satirized and portrayed as wrong and harmful in Voltaire’s Candide. They are portrayed as dangerous tyrannies over the mind of men that serve only to counteract logic and damage the general welfare.

Female Genital Mutilation ( Fgm ) - 1804 Words

INTRODUCTION Female genital cutting (also known as female genital mutilation) is one of the most prevalent violations of the human rights of women in the world. As of 2010, 100 to 140 million female-bodied people were living with mutilated genitalia. According to the United Nations, â€Å"Female genital mutilation (FGM) comprises all procedures that involve altering or injuring the female genitalia for non-medical reasons.† Female genital cutting is a practice that is generally directed at female-bodied people under the age of 18. International institutions such as the United Nations call it â€Å"a violation of the rights of the child†¦ [a violation of] the rights to health, security and physical integrity of the person, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to life when the procedure results in death.† It is a practice that has been proven to not be effectively combatted by international legislation, national legislation, human rights advocacy, or educational programs. However, human beings operate based on cultural and social norms. Female genital cutting is a practice that is enforced by social and cultural norms in the places where it is common. Thus, one of the most effective methods of combatting FGC involves community-based organizations, which must work together to create norm-based social change in order to alter the cultural beliefs that allow FGC to endure and spread, thereby eliminating or curbing the practice.Show MoreRelatedFemale Genital Mutilation ( Fgm )1745 Words   |  7 PagesThis assignment will identify and discuss the vulnerable group who is subjected to female genital mutilation (FGM) and consider what part practice nurses have in safeguarding girls and women from FGM and evaluating their role of nurse including barriers they face in safeguarding individual s including lack of education and being too culturally sensitive and whether their safeguarding individuals from FGM is effective. 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Canada, Denmark, the Netherlands, and the United States has declared Female Genital Mutilation grounds for seeking asylum and is a punishable offense (1).   Ã‚  Ã‚  Ã‚  Ã‚  Many of us never heard of Female Genital Mutilation until the storyRead MoreFemale Genital Mutilation : Carolina Macias1688 Words   |  7 Pages Female Genital Mutilation Carolina Macias HSC 425 Matza-Fall 2016 Word Count- 1537  Abstract/Introduction The World Health Organization, also known by the acronym WHO, has defined female genital mutilation as â€Å"procedures that intentionally alter or cause injury to the female genital organs for non-medical reasons.† FGM (acronym for female genital mutilation) is highly prevalent in Africa and the Middle East. 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Effective Study Skill At The Senior Year Of Study Skills

Effective study skill â€Å"OMG I’m gonna fail, I know it!† doesn’t this sound all too familiar to you? It’s known as the â€Å"I’m not good enough† syndrome. Everyone has fears. It’s quite natural. The great American industrialist Henry Ford said â€Å"if you think you can, or think you can’t – you are right!† what he was saying is that intention and expectation shape our actions. Good morning everybody, firstly I would like to welcome you to the senior year of study that will round off your secondary school. It is the year that will lead either to further study or to the learning experiences of the workplace. I believe many of you, by this time you should have set up your personal goal. In order to achieve your goal, you firstly need to overcome your fears and you attain effective study skills. Thinking positively is the first step towards success. Here is a simple ABC formula you can use to overcome your fears. A for action! Nothing can be done without action, so get started now! 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Project Finance - 1543 Words

1. How should PDVSA finance the development of the Orinoco Basin? Can you define project finance? Is Petrozuata a project? What are the costs and benefits of using project finance instead of the traditional (debt) finance – as Mr. Bustillos said, PDVSA could have finance the debt internally (p.7 of the case)? Project finance is a kind of Financing that has a priority does not depend on the creditworthiness of the sponsors proposing the business idea to launch the project. Approval does not even depend on the value of assets sponsors are willing to make available as collateral. Instead, it is basically a function of the project’s ability to repay the debt contracted and remunerate capital invested at a rate consistent with the degree of†¦show more content†¦On the other hand, more debt does not affect the risk of the project under taken, but means less equity holders , these bring more risk to equity holders, the cost of equity increases with debt. assume Ra is the WACC without leverage. Ke=Ra+(D/E)(1-Ï„)(Ra-kd) 0.2097=Ra+Ra(0.6/0.4)(1-0.35)-0.1(0.6/0.4)(1-0.35) Solving Ra=15.55% When leverage change, the IRR will also change following the formula below: IRR= Ra+(D/E)(1-Ï„)(Ra-kd) Leverage D/E Ra 1-Ï„ Kd IRR 80% 4.00 0.16 0.65 0.10 30.00% 70% 2.33 0.16 0.65 0.10 23.98% 60% 1.50 0.16 0.65 0.10 20.97% 50% 1.00 0.16 0.65 0.10 19.16% 40% 0.67 0.16 0.65 0.10 17.96% 4. What kind of debt (agency debt, bank debt, or Rule 144a bonds) should the sponsors of the project use to fund the deal? What are the advantages and disadvantages of each kind of debt? In your view will project bonds receive an investment grade rating? What is theâ€Å"weakest link† of the project? How can they improve the likelihood of getting an investment grade? In our opinion, the sponsors of the project should use Rule 144a bonds for its obvious advantages over the other two options. Agency debt: ïÆ' ¼ Might not raise enough money for the project since the majority of the debt would probably requireShow MoreRelatedProject Finance Assignment2466 Words   |  10 Pagescharacteristics of project finance Project finance is a form of long term financing of infrastructure and industrial projects based upon the projected cash flows of the project rather than the balance sheets of the project sponsors. In most cases, a project financing structure involves a number of equity investors, the sponsors, as well as a group of banks or other lending institutions that provide loans to the operation. The loans are usually non-recourse loans, which are secured by the project assets andRead MoreThe Role Of Debt Of Project Finance Essay1064 Words   |  5 PagesTable of Contents Introduction 2 Role of Debt in Project finance 2 Pros and Cons of project finance debt 3 Identifying Project Risks 3 Difference from Corporate Lending: 4 â€Æ' Introduction Project finance is a term used freely by a number of professionals including bankers, journalists, and academics in order to describe a variety of financing activities. Project finance is a decades-old term that preexists corporate finance. However, the rolling growth in infrastructure undertakings in the developingRead MoreProject Finance Petrozuata4755 Words   |  20 PagesEvaluation of Petrolera Zuata, Petrozuata C.A. Project Finance Case Study    1    Table of Content Petrozuata introduction ....................................................................................................................... 4 1. How should PDVSA finance the development of the Orinoco Basin? What are the costs and benefits of using project finance instead of traditional internal debt finance? ...................... 4 1.1. Project finance scenario (BBB) ........................Read MoreConstruction Of Project Finance Transaction3475 Words   |  14 Pagesin the context of a project finance transaction. Project Finance Generally Industrial projects, such as power plants, toll roads, ports and oil and gas pipelines, are all typically financed through a complex legal, financial and regulatory structure involving multiple project parties, sophisticated documentation and extensive negotiation. Project finance transactions are typically either (i) limited recourse, where lenders do not assume the entire financial risk of the project and instead rely onRead MoreProject Finance : Project Management College Uk Essay1324 Words   |  6 PagesNAME: OMATSONE ONETORITSEBAWO LOUIS QUESTION: REPORT ON PROJECT FINANCE MODULE 12 TOPIC: THE PROJECTS APPROACH STUDENT ID: PMC 26995-NG-UK PROJECT MANAGEMENT COLLEGE UK TABLE OF CONTENT 1. INTRODUCTION OF PROJECT FINANCE†¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦3 2. FEATURES OF PROJECT FINANCE†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..3 3. FINANCING STRUCTURE†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..5 4. METHOD OF FINANCING A PROJECT†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦6 5. CONCLUSION†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦7 6. REFERENCES†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦8Read MoreIntroduction to the Finance Company Project979 Words   |  4 PagesIntroduction to the Finance Company Project Your team is required to analyze the future business and economic prospects of a major, publicly traded corporation using financial concepts and techniques as well as the concepts and techniques from other business areas. 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Compensation In Case Of Breach Of Contract -Myassignmenthelp.Com

Question: Disuses About The Compensation In Case Of Breach Of Contract? Answer: Introducation The ACL is a body of laws that was created in 2010 to protect business traders and consumer needs. Basically, it was started by the Australian government in joint with the ACCC, ASIC and the State and Territory consumer protection agencies. a) From the ACL information that was published on 19th December 2014, the following law sections were breached (https://www.accc.gov.au/): Prohibition of an individual in trade or in commerce from engaging in misleading or in deceptive conduct, e.g. in marketing or advertisements (Dina et al, 2014). Prohibition against making false or misleading representations anywhere about the consumers rights, e.g. consumer refunds Prohibition against false or misleading information about the products or services the trading individual or group does, whether its the prices, quality, quantity etc. (https://www.accc.gov.au/about-us/australian-competition-consumer-commission/legislation). Prohibition of unreasonable changes in the contracts made between the consumers and the trading individual or group. For instance, changing the terms and conditions of the contract without notifying the consumers. b) The ACC took action against ACL simply because the organization had broken the laws that it was supposed to uphold. Being an organization that is responsible for taking care of consumers under the ACCs rules and regulations, the ACL failed to follow those laws and now had to be checked out. ACL did not uphold the laws relating to consumer rights, product/service they offered and the terms and conditions guidelines. The ACL failed to follow the guidelines in the ACC laws that dealt with consumer transactions for goods and services, the law that banned specific unfair practices in trade and commerce among other things. c) The ACC was trying to uphold the following consumer protections: Protection from being misled and deceived by ACL, e.g. false product/service prices, false refund promises. Protection from being mistreated and ignored, e.g. changing the terms and conditions agreed in a contract between ACL and the consumer. ACC and ACL undertaking Summary ACL promised never to engage in unfair practices during its trading operations, e.g. false and misleading consumers about product prices and characteristics and failing to follow the laws that governed consumers rights. ACL promised to adhere to the laws that governed their trading operations and transactions with their customers. For instance, follow the rule that governs voucher purchasers in relation to refunds being given. Communicate effectively and efficiently to their loyal consumers or rather subscribers regarding updates or possible changes to be made, that are related to its terms and conditions, communication should be done through emails as early as possible. Develop and implement an internal system that will help it to identify possible risks as early as possible and also reduce the risk of breaching the ACC laws. Provide a display of all the costs on a product or service including all mandatory additional charges if any. However, ACL should follow the rule and regulation on the exception of the delivery fee and the minimum charge at the time of publication when need be. ACL should use the comparison pricing statement that are clear, simple and easily understood when it comes to comparison of the savings to be received. Damages to the principles property This damage can includes things like demolishing and defects after construction. This damage can be mitigated by insuring all the property owned by the principal. For instance, insurance against theft, fire, invasions and other occurrences that may cause property loss (Issa, 2015). Damage to the Work under the Contract (WUC) This damage refers to all the activities and responsibilities being carried out during the construction. These includes the decisions being made and the consequences or effects caused by those decisions. This kind of damage can be mitigated by insuring the WUC as well as by seeking legal advice before entering into the contract. Damage to persons i.e. the contractor The contractor is the person in charge of the contract or rather the person supervising the contract. This damage can be reduced by insuring the contractor (e.g. taking up life assurance against upon death or injury) and insuring that there is legal counsel before the contractor enter the contract. Damage to the principal This is the person who funds the contract or basically the owner of the contract. Damage to the contractor can be mitigated through insuring themselves or their property e.g. life assurance or property against loss, fire, theft etc. Ways of Terminating a Contract Termination by insolvency. When one party informs the other concerning the terminations e.g. when the party funding the contract cannot fund any more. It is realistic to say that no contract can continue without having funding. Therefore, when the funding is cut off, a contract can be terminated without breaching the contracts terms (Al-Tawil, 2013). Termination for convenience. This is when the principal decides to terminate the contract when he/she deems best for them. Also, the contractor can be instructed by the principal to terminate the contract at whatever time he/she thinks is convenient for them. If the time period for the contract has reached. Every contract has a time schedule that is set for it to be completed (Dief et al, 2016). Therefore, when that time reaches, the contract is deemed to end automatically. Termination by frustration. This is when the parties realize that the contract has no hope of completion or success and therefore they end up terminating it. Clauses Dealing with Contract Termination Any party can terminate the contract when the contract period is reached. The principal should terminate the contract in case they realize that no funding is available Any party can terminate the contract if they realize that it has no hope for success or completion. The principal can terminate the contract whenever they feel like, but should ensure all payment is made to the contractor. Steps to resolve a dispute A dispute between the principal and the contractor should be resolved within a period of 28 days. Steps to follow (Mohamed et al, 2014 Chaphalkar and Patil, 2012): Purpose Tenure of the board Disclose the statement Selection process Provision of contract copy by the contractor and principal Conduct meetings and visits Review disputes Conduct deliberations Recommend for the resolution Acceptance or rejection of the dispute Clarification and reconsideration if resolution is not reached Admissibility Resolution fee payment References https://www.accc.gov.au/ https://www.accc.gov.au/about-us/australian-competition-consumer-commission/legislation Al-Tawil, T., 2013. Damages for the Breach of Contract: Compensation, Cost of Cure and Vindication.Adel. L. Rev.,34, p.351. Chaphalkar, N.B. and Patil, S.K., 2012. Decision support system for dispute resolution in construction contracts.KSCE Journal of Civil Engineering,16(4), pp.499-504. Dief, M.I.A., Almedalah, K.Y. and Elwan, A.S., 2016. Practical Guide for termination of construction projects: Hands on application in FIDIC and NEC3 Contracts. Dina, M, Dover, Y and Chevalier, J. 2014. Promotional Reviews: An Empirical Investigation of Online Review Manipulation. American Economic Review, 104(8): 2421-55 Issa, M.R., 2015. Damages and Compensation in Case of Breach of Contract.International Journal of Social Science Research,3(1), pp.190-201. Mohamed, H.H., Ibrahim, A.H. and Soliman, A.A., 2014. Reducing construction disputes through effective claims management.American Journal of Civil Engineering and Architecture,2(6), pp.186-196.