A Murder Case

According to a witness, 19 year old Joseph Tylutki – the defendant – was bickering over money with his friend, Vincent Bohlman, also 19, when Tylutki shot Bohlman thrice in the chest and killed him.   Bohlman was not carrying a weapon, also according to the witness.Apparently Tylutki had placed a knife in Bohlman’s hand after killing him in order to lie to the court of law later on that Bohlman had tried to kill him first (â€Å"Bail Cut for Teen in Friend’s Death†).The plaintiff in the case is Bohlman’s mother.   When Michael Bloom, the Defense Attorney, argued that Tylutki is neither â€Å"a danger to the public† nor a â€Å"flight risk,† Barbara Sattler, the Pima County Superior Court Judge lowered his bail from $750,000 to $25,000 (â€Å"Bail Cut for Teen in Friend’s Death†).The plaintiff had already pleaded with the Judge not to lower Tylutki’s bail.   Dan Nicolini, the Deputy Pima County Attorney had similarly argued against a reduction in the defendant’s bail amount, stating that Tylutki may very well be a â€Å"flight risk (â€Å"Bail Cut for Teen in Friend’s Death†).†However, the Judge maintained her decision.   Tylutki is presently allowed to pay $25,000 to move to his parents’ home from where he would be required to â€Å"regularly report to court officials (â€Å"Bail Cut for Teen in Friend’s Death†).†Ã‚   The defendant would also have to â€Å"submit to drug testing† on a regular basis seeing that â€Å"[f]ive bags of marijuana packaged for sale† had been found in his room (â€Å"Bail Cut for Teen in Friend’s Death†).OpinionTylutki’s bail amount should not be lowered seeing that he has already murdered his friend and may very well murder others if he is able to pay $25,000 to move out of jail to his parents’ home.   As a matter of fact, the defendant should not have the option of being set free by paying any bail amount.Clearly, a person with the ability to murder his or her friend must be identified as â€Å"a danger to the public† given that he or she cannot be expected to respect the rights of others either (â€Å"Bail Cut for Teen in Friend’s Death†).Bloom cannot prove that Tylutki would not murder another individual if he is set free.   Furthermore, even if the defendant is required to â€Å"regularly report to court officials† there is no evidence that he would not disappear between the scheduled dates of reporting (â€Å"Bail Cut for Teen in Friend’s Death†).

Smartphone Industry

Executive summary Smartphones have ushered in a new generation of modern communication. The report investigates the computing capabilities of smartphones, and their ability to support several multimedia applications. The report discusses that fact the smartphone industry has rapidly grown over the last two decades. Currently, rapid transformation is taking place and competition to control the lucrative market has increased. The report considers whether the market segment is controlled by a few major players . The reports investigates patent issues amongst the major players The PESTLE framework is used to analyse the business environment in the smartphone market. Porter’s Five Forces is also used to evaluate the rivalry and power of the individual players within the smartphone industry. Introduction According to Ahson and Ilayas (2006), a smartphone is a form of mobile device that integrates the characteristics of a phone and a PDA. A smartphone offers more advanced connectivity and computing capabilities. Smartphones have the ability to access the Internet and support several multimedia applications. Smartphones achieve the capabilities of a Personal Computer technology and a traditional phone (Ahson and Ilayas, 2006). They enable users to add, install, and delete hundreds of applications. Users can also personalize the interface. They have ushered the present society into an era of ubiquitous information. The report examines the global-local aspects of the smartphone industry, specifically the patent wars. It also provides an analysis of the smartphone industry using the PESTLE framework. The report further provides an evaluation of the rivalry and power among the smartphone players. It discusses the competitive advantage within the smartphone industry. Global-local aspects of the smartphone industry.Smartphones; Markets and growth trendsPark, et al (2011) hypothesize that the mobile phone industry has witnessed a significant change in the last 15 years. In the last decade, Nokia was the world’s leading manufacturer of mobile phones. Since then, Nokia has been dislodged from the leading position by the new smartphone companies such as Apple, Samsung, and LG. The success of these companies is due to the introduction of new modern and innovative approaches to the ease of use of hardware and an improved user interface design (Park et al 2011). Himmelsbach (2013) argues that, in the recent years, the smartphone industry has witnessed radical transformation and altered competitive situation. The major players in the market segment include Samsung, Apple, Huawei, Sony, LG, HTC, Nokia, Research in Motion, Microsoft, and Google (Park et al 2011). . There are also other indirect players such as Qualcomm and Cirrus Logic. The intense c ompetition among the market players has led to large volumes of complex and mostly multi-jurisdiction patent litigation (Himmelsbach, 2013). The economic downturn caused the traditional global phone market to enter recession (Ahson and Ilayas, 2006). However, the smartphone market has been growing rapidly (Himmelsbach 2013). Major players have expanded their total sales due to the growing number of smartphone users and the reduced prices. Smartphone industry PESTLE analysis (Henry, 2008). Factor AnalysisPolitical analysisPolitical environment in some countries enable smartphone markers to flourish Political challenge in some countries, for instance, China, and India raised security concerns over some features provided by RIM’s BlackBerry. Roaming fees is relatively high in several countries Economic analysis The current prices of smartphones devices are fair although devices from some major manufacturers such as Apple are still considered to be expensive Slow economic growth and recession can affect the sale of smartphone devices Social analysis Some major smartphones brands symbolize high status.Innovation is increasing getting hard.Technological analysis The main rivalry is between Apple’s iOS and Android operating systems. Innovation is rapidly growing and each day, a new technology is invented. Environmental analysis Manufacturers are required to comply with various environmental standards. Legal analysis Patent lawsuits is increasing among the smart phone industry players.Patents in the smartphone industry.According to Hill et al (2014), the smartphone industry has experienced patent litigation for several years. In the past, voice telephony services such as speech compression technologies, network management and radio transmission were the main focus of patent litigation. More recently, patent litigation has broadened across a wider range of cellphone and mobile computing technologies. The major market players are continuously suing each other over a variety of smartphone patents. The role of patents in the smartphone industry is to protect a company’s investment in research and development (Hill et al 2014). After an examination of a patent, the owner is granted a monopoly license for the patented invention which is usually 20 years. Patents provide incentive to the owner company for its effort of bringing the innovative technology out of the research lab and into the market after an expensive and risky business. The N etwork Patent Analysis method indicates that large portion of the patent portfolio is held by Apple (Ferell and Fraedrich, 2014). Apple is slightly ahead of IBM and Microsoft. According to NPA, 16 out of the 20 patent are owned by Apple. NPA reveals several of the smartphone patent lawsuits are within the 16 unique clusters of inventions that are related. Hill, Jones and Schilling (2014) note that the majority of smartphones patent wars are related to mobile data access, touch screens and transmission of mobile data. Among the three clusters, each has different company or manufacturer dominating the patent portfolio. According to Hill, Jones and Schilling (2014), the mobile data access cluster is dominated by Research in Motion, while the touch screen cluster is dominated by Apple. Evaluation of the competitiveness (rivalry) and power of the individual players within the smartphone industry using Porter’s five forces. Smartphone devices have become part of many people’ s lives. The market has been largely fractionalized. The transformation of the smartphone market has led to increased competition and rivalry. Different players are producing devices tailored for different market segments. Porter’s Five Forces can be used to understand the forces affecting the smartphones market from the manufacturers and users perspectives. The five components of Porter’s framework in relation to the smartphone industry is as follows. The threat of new entrants is low because the investment on the required technology needed to compete in this industry is high. Consumers purchase phones from incumbent companies with good reputation. This explains why Apple, and Samsung smartphones are the most popular in the market. The threat of substitutes is low because smartphones contain added functionalities from other digital electronic devices such as watches, digital cameras, cell phones, pager, and organizers, and laptops. The service provided by smartphones are sufficient as expected from a mobile device. The bargaining power of buyers is rated to be medium because the present smartphones market contains a variety of products from major brands for consumers to choose. The prices of smartphones have become relatively low. The bargaining power of suppliers is medium because of the reliance of mobile phone manufacturers on their suppliers. The manufactures acquire quality components from suppliers at competitive prices. Som e smartphone operating systems such Android is open source. The smartphone industry is competitive with a few strong competitors (Boyes and Melvin, 2012). New entrants find it challenging to compete and gain in the market share which is dominated by major brands. However, some new smartphones manufacturers such as Sony and ZTE are rapidly gaining popularity and market share. Competitive advantage within the smartphone industry. The smartphone market is highly competitive, and it has experienced dramatic changes in the recent past. In 2007, Apple defeated BlackBerry from the leading position as the dominant smartphone maker Laffey (2011). Smartphone market competition has also been based on the two main operating systems, Google’s Android and Apples’ IOS (Park et al 2011). Apple has managed to take the leading position in the market because of its high specification products, integrated operating system and quality hardware (Laffey, 2011). Apple’s success is also attributed to its luxury brand image established during the reign of Steve Jobs Apple provides the eco-system of apps available online on Apple’s app-store platform (Park et al 2011). The Kindle Fire, an Amazon product is expected to challenge Apple by offering readerse new opportunities to access to Amazon’s online e-books store (Laffey, 2011). Amazon’s relationship with content providers will enable it secure the delivery of its apps and video content providing a new competition across the market segment (Laffey, 2011). The difference in pricing between Android and IOS phones has impacts on competition (Laffey, 2011). Most Android smartphones are affordable while some devices from Apple are less affordable. Apple benefits from a higher income from this (Laffey, 2011). Conclusion In summary, the current smartphone is no longer exclusive for early adopters. Streamlining of new innovations has led to increased competition and patent litigation. It is evident that the smartphone market is controlled by a few major smartphones makers. Smartphones have heralded a new era in the communication industry and changed several aspects of human lifestyle. New software makers need to develop an operating system to make a unique distinction in the current market. References Ahson, S. and Ilayas. (2006) Smartphones [online]. Intl. Engineering Consortium. Available from: http://books.google.co.uk [Accessed 4 April 2014] Boyes, W., and Melvin, M. (2012) Macroeconomics. Cengage Learning. Available from: http://books.google.co.uk[Accessed 4 April 2014] BBC (2010) ‘Leading mobile phone lose market share’, 10 November. Available from http://www.bbc.co.uk/news/business-11725411 [Accessed 4 April 2014] Egham (2012) ‘Gartner says worldwide smartphone sales soared in Fourth quarter of 2011 with 47 percent growth’. Garner [online]. 15 February. Available from: http://www.gartner.com/newsroom/id/1924314 [Accessed 4 April 2014] Ferell, O., C., and Fraedrich, J. (2014) Business Ethics: Ethical Decision Making & Cases [online]. Cengage Learning. Available from: http://books.google.co.uk[Accessed 4 April 2014] Henry, A. (2008) Understanding Strategic Management [online]. Oxford University Press. Available from: http://books.google.co.uk [Accessed 3 April 2014]. Himmelsbach, T. (2013) A Survey on Today’s Smartphone Usage [online]. GRIN Verlag. Available from: http://books.google.co.uk[Accessed 4 April 2014] Hill, C., Jones, G., and Schilling, M. (2014) Strategic Management: Theory & Cases: An Integrated Approach [online]. Cengage Learning. Available from: http://books.google.co.uk[Accessed 4 April 2014] Laffey, D. (2011) Strategic issues in Tablets and Smartphones: An Agenda (Non-referred research note). Journal of Strategic Management Education 7(4): 287-290 Park, J., Yang, L., and Lee, C. (2011) Future Information Technology: 6th International Conference on Future Information Technology, FutureTech 2011, Crete, Greece, June 28-30, 2011. Proceedings [online]. Springer. Available at: http://books.google.co.uk [Accessed 4 April 2014]

Other Essay Example | Topics and Well Written Essays - 1000 words - 3

Other - Essay Example a. Cash flow estimation: This step involves determining the annual net operating flows that are expected when a project becomes operational, the outlays of investment, and the cash outflows that will be associated with the project upon its termination. A lot of variables are involved in the determination of cash flow forecast and as such requires the participation of several individual and departments of an organization. To a greater number of health care organizations, this step would be the most complicated and demanding one as it is always difficult to determine the projections of costs and revenues of large and complex projects accurately. The other rationale for qualifying this stage as the most challenging to the organizations is that it usually hard to overstate the difficulty or importance of correctly determining the forecast for the project’s cash flows (Berger, 2008). Consequently, this stage requires proper analysis, not unless the firm’s costs may outweigh the revenues thus, likely to result into cannibalization. In effect, the firm may underestimate the true profitability of the project by not recognizing its strategic value which is the value of future opportunities of investment that the health care firm may undertake only if the current project is accepted. b. Conducting a replacement analysis: Replacement analysis deals with replacement decisions, which are made when considering a new asset that replaces and old asset. The analysis of the replacement cash flow is complex and so might turn a challenge to the health care organizations. When compared to the expansion decision, the health care organization may find that the replacement is more complex as it must consider all the cash flows from the existing asset. By the organization considering its operating flows, it shall find that the incremental flows are the cash flows expected from the replacement assets less

Effect of the Economic Recession Research Paper Example | Topics and Well Written Essays - 500 words

Effect of the Economic Recession - Research Paper Example Many experts believe that the seeds of this recession lie in the policies of the Federal Reserve Bank of America in the aftermath of the attack on world trade center. The bank feared that the terrorist attack would create a panic in the market and hence will affect U.S. economy. Fearing this, the bank decided to lower the interest rates to a record low level (Makinen, 2011). The effect of this policy was that credit was cheaply available to the people. This situation was misused by Wall Street and many banks such as Fannie Mae and Freddie Mac. What these banks did was to provide people with a very cheap loan on houses that couldn’t have been affordable otherwise. The property market was rising at the time and so huge amount of sub-prime loans were issued to the American people. The people took loans from the banks as they were confident that the rise in house prices would provide them with the money they needed for repayment of a loan. But after some time of the boom, the property market busted. The price of the houses touched a record low and so people started to default on their loans. They didn’t have money to pay back. This meant that the banks who had issued this loan were in deep cash problems. The phenomenon was so huge that first Fannie Mae and Freddie Mac filed for bankruptcy (Jicking, 2007). Next in line was Lehman Brothers which had similar problems. With Lehman Brothers filing for Chapter 11 Bankruptcy, the world was heading towards credit crunch. The banks worldwide didn’t know which bank had how many bad debts to its credit. There was suspicion all around and hence the banks were weary of giving loans to each other. When the banks withheld supply of money in the market, the businesses started to feel the heat. All these events had a ripple effect. There was a reduction in demand and because of this unemployment rates went up in the U.S.

Strategy management Essay Example | Topics and Well Written Essays - 3000 words

Strategy management - Essay Example Over the period of time, it has followed an aggressive growth strategy and became more innovative offering additional services. It has also been one of the first global retailers in the world to offer mobile payment checkouts at its several of stores. Through it has followed an aggressive strategy to further penetrate into its existing markets; it has also been more aggressive in terms of market development and has been opening its outlets in various new markets. Starbucks has more than 700 stores in UK, it is operating to be one of the leading coffee makers in the country. UK is going through an economic recession and overall consumer confidence is relatively low. It was because of this reason that Starbucks suffered losses in UK also however; it is still recovering and is following an aggressive strategy to penetrate into UK market. Macro-Environment Analysis The main factors discussed in this analysis are important because it directly influence the way Starbucks operates in UK mar ket. A careful management of these factors requires effective strategic initiative in order to become more competitive in the market. Political Factors UK is considered as the mother of democracy in the world with stable government in place. Government is supportive of market economies and is therefore the overall risk of government intervention is relatively negligent. Overall government policies are favorable for the private enterprises and the private property rights and laws are properly in placed. Though UK has strong bureaucracy in place however, government administration and functionaries are supportive of private enterprises with little administrative hurdles in place. Though UK has a history of nationalizing private companies however it may not be the case considering the overall dynamics of global business. Economic Factors UK is going through economic recession with consistently low or negative economic growth rates witnessed during last few years. Unemployment is on the rise and government has put in place austerity measures to control government expenditure. Due to these factors, overall consumer confidence is low and consumers are withdrawing their consumption to save more. Recently, UK economy experienced slightly higher economic growth rates due to Olympics however, this may be considered as a seasonal variation. (Monaghan, 2012).   Still the level of unemployment is relatively with more than 2 million people are still unemployed. With the economy further shrinking, it may be possible that the unemployment rates may increase. Social Factors Drinking coffee is becoming a norm in UK though Britain are considered as tea drinkers. Mostly working class professionals as well as youth prefer to drink coffee and is increasingly becoming a social norm in UK. It has also been suggested that drink coffee is considered as something which high achievers do. Coffee, socially, is being drunk by the working professionals who are looking for some on-the-go bo ast of energy. Coffee is also being used in offices mostly with different organizations. Technological Factors Technology is relatively changing fast with mobile payments becoming new trends for consumers to paying. The advancement in smart phones and mobile payments technology has brought new changes in the way consumers actually interact and pay. The impact of online recommendations on the way

Abortion and Womens Rights Research Paper Example | Topics and Well Written Essays - 1750 words

Abortion and Womens Rights - Research Paper Example A woman, however, is a container for the fetus and without her, the childbirth is not even possible (Shafak, n.p.). She needs to make the decision regarding whether or not she is capable of carrying the child in her womb for a period of 9 months. Every woman must have the right to make the decision regarding abortion depending upon a number of factors like the involvement of the father, financial resources available to her, health implications as well as a matter of mere choice of whether or not she wants the baby and is willing to sacrifice her life to care for her child (Abortion Is Every Woman's Right, n.p.). A woman’s body is her own and thus no other person should be allowed to make the decision regarding what she wants, especially if she is an adult of sound mind, capable of making her own decisions. The right to abortion is a very crucial topic that needs to be discussed and taken care of because it involves the life of an unborn child. It is thus up to the woman to dec ide whether or not she wants to give life to the fetus because she herself will be able to ascertain whether or not she has the potential to do so and carry on with the pregnancy (BBC News). Many times, women fail to gather the support of the men that got them pregnant in the first place; in such a situation, how is it that a woman should not be given the right to carry on with the abortion if she wants to? (Abortion Is Every Woman's Right, n.p.). A woman is a human being too, something that a patriarchal driven society often tends to forget; it is not an easy task to carry on with pregnancy and give birth to a child especially without financial resources and proper nutrition. Unless and until a woman wants to have a child, she should not be forced into doing so because this takes away the rights of not only the mother but also her unborn child (Dreaper, n.p.). A pregnancy does not always have to be planned; in many cases, two people engaging in sexual intercourse while using all th e necessary precaution could still fall short – condoms are not a hundred percent effective and neither are birth control pills and that is why a woman should have the right to decide whether or not she wants to keep the child once pregnant (Dreaper, n.p.). Young couples could get pregnant without having the means to support a child or a plan for the future of the child and in this case, if they deem fit that they should abort the pregnancy, it is their decision. Moreover, if a woman is young and has her entire future ahead of her, she should not lay prey to society to do what is best – she should know what is best for her and take the necessary actions because otherwise, she will have to deal with the consequences (Shafak, n.p.). Pregnancies have a very adverse effect on the body of a woman; they tend to disrupt the normal course of lifestyle for her and there are many changes that she goes through in her body.  

Current Social Problem Research Paper Example | Topics and Well Written Essays - 2000 words

Current Social Problem - Research Paper Example From the report it is clear that the necessity to establish a sense of identity is the main concern to a person and this necessity drives the person to become motivated to behave in according manners. In the context of this paper is motivation and necessity to create the identity in the society plays the main driving force behind the creation of social issues and problems related to those social issues. Racial discriminations, discriminations against specific ethnic societies and also social, cultural, as well as economic discriminations against the black people are increasing at rapid speed in the country. These discriminations are largely motivated by the motivation of American people to establish their own identity according to specific communities and/or according to specific race or ethnicity, As the essay declares in American societies discriminations against race and ethnic societies along with social, cultural, as well as economic discrimination against black people living in the country is not a new phenomenon. Various social riots and social revolutions happened in the country in order to ignore these social issues from the societal structure of the country. From a long time governments of the country tried hard to reduce the intensity of American people to get engaged in the social, cultural, and economic structures of the country to get rid of the crises situation which were created by people in order to establish their own identity in the society.

The World of Options After Graduating From College Essay

The World of Options After Graduating From College - Essay Example Starting as a timid and reluctant girl who preferred to hide than showcase latent talents, one became motivated to be an active contributor to academic excellence through steering personal growth and encouraging other students to improve social responsibility and performance. Suffice it to say that the fruit of one’s labor has led to maintaining an above average GPA through all four years, as one remunerates, the most rewarding accomplishments were honing holistic and multidimensional skills. One recognizes the need to balance academic pursuit with civil and social awareness, adherence to spiritual obligations, delving into sports activities, and simply having fun with family members and friends. The four years at Lafayette College were the most challenging, yet humbly rewarding experiences that enabled one to contribute to the growth and development, not only of oneself but more so, of all the people who have touched one’s life. Through genuinely sharing the knowledge, skills, and abilities gained during the last four years, one has gained a wealth of wisdom in return. As one learned, wealth is most valuable when unselfishly shared with civil and social awareness, adherence to spiritual obligations, delving into sports activities, and simply having fun with family members and friends.  

The Conflict Between the Client and the Building Contractor Research Paper

The Conflict Between the Client and the Building Contractor - Research Paper Example The completion date may be adjusted at the request of the client. In making such a request, however, the client has to give the contractor a twelve-week period to respond to the request. This condition may present either a challenge or advantage for the client, depending on the response obtained from the contractor. The pitfall that is evident in this scenario is; there is no assurance of the contractor being able to make such adjustments. In this particular project, the client desires to take ownership of the third and fifth floors before the indicated completion date. If the floors required were the initial ones, this proposition would seem likely. The client, however, seeks to occupy the middle and top-most floors. The challenge is as to how the building process will proceed once the client occupies these floors. To make it easier, the floors that would increase the feasibility of the proposition would be the bottom floors of the building. On the day scheduled for the building pro ject to commence, the contractors encounter a problem. The client has some materials blocking the main entrance to the site. According to the empowerment clause, the contractor can only issue instructions under his mandate. Going against this is an act indicating a breach of contract. The only way that it is possible for the contractor to order for these materials blocking the main entrance to the site is by consulting the Architect/ Contract Administrator (A/CA). The A/CA then issues instructions in writing allowing for the contractor to execute the instructions.

Assignment 5 Essay Example | Topics and Well Written Essays - 1750 words

Assignment 5 - Essay Example These terms are known to be objective and not subjective. From this, what it means is that the doctor knows more about what the patient is feeling than the patient themselves (Norman, 2004). According to Norman, the world today needs to consider the subjective points of view and not depend so much on the expert opinions. This is ironical since most of the subjective views always come from those affected. E.g. a computer scientist would not know the kind of interface that various groups of people may want without getting their opinion on such. We have to get a more subjective point of view so as to adapt to the explorations that are available today in terms of usability. For example, computer scientist cannot completely ignore user’s subjective views as they are the final people who will use their product. For example if a computer engineer wants to come up with a new hardware, they have to study the needs of the common man and understand what they need. If computer engineers n ever thought subjectively then they would end up building products that are complex and few users would be able to use the products (Norman, 2004). Norman also believes that we have different points of observation. Every user has a way in which they see different things; a professional might see something in a more complicated way as opposed to the non technical manner that a less experienced user might see it. It is for this reason that people can have their own observation and opinions on different matters. Scientist therefore needs to leave the positivism idea and learn to accept some of the subjective opinions. From this observation, it is evident that even though scientist only believe in the objective tone, much of the subjective tone is necessary if they want to understand what people want. Otherwise they would be making products for themselves. 2 Philosophy is described as the study of reality, knowledge and existence. Most people tend to associate philosophy with books and theories that try to explain fundamental laws in physics and nothing that touch our daily lives. Philosophy has been there for thousands of years and various philosophers have existed and have been able to explain the various things that touch our lives. Just like philosophy has touched and influenced a lot of people and life, the IPod has been a great tool in influencing the lives of millions of people. The iPod is transforming the lives of millions of people every day and making them get new ideas within a click. People are listening to music of their taste and others reading social links and contributing a lot to the economy. However, have we ever taken time t o try and link philosophy with an iPod? An iPod can define an individual, the contents of a person determines the kind of things that the person likes as well as the information that is useful to their lives. Since philosophy is concerned with the social lives of people as well, it is ironic that most people would try to ev ade this important field yet it touches them in almost every angle. Most scholars have tried to link various current cultures with philosophy; computer science has however brought this even closer linking people with most philosophical issues such as graphical user interface. It is due to philosophy that a computer scientist is able to determine the type of service that people need. With the right study and understanding of people’

Issues and help seeking behavior Essay Example for Free

Issues and help seeking behavior Essay According to Fallon and Bowles (1999) the area of adolescent help seeking behaviour is an under-researched area. Since the cognitive and critical thinking of adolescents are still developing, their behaviours toward issues concern them may vary case by case. The purpose of this report was to investigate issues concern adolescents and their help seeking behaviour toward those issues, especially seek professional helps. The report analysis was based on secondary information obtained from various researchers by scholars. The participants in the researchers were students with different demographic background, such as gender, ethnicities. Fallon et al (1999) investigated the major and minor problems concerned the adolescents and their help seeking behaviours toward those problems. The major problems were identified to be more severe and would cause participants distress, while minor problems would not distress the participants. The participants were 1,022 secondary school students from Melbourne Metropolitan area, 585 of them were male, and 419 were female. Total 297 of them were in year 7 and 8, 333 were in year 9 and 10, others were in year 11 and 12. Their ages ranged from 11 to 18 years. Each of the participants completed a survey comprised of three parts to define the adolescents concerns and help seeking behaviours. The first part contained demographic questions. The second part  contained mainly rating and categorizing questions to identify the major problems of concerns, nature of the concerns, and sources of help to the concerns. While the third part focused on the minor concerns. The nature of the both concerns was defined into five categories, family, interpersonal, health, education and others. And the sources of help were in the domain of friends, parents and professionals. The findings show that problems concerns different levels of students were very similar. About 50% of the participants sought help for their major problems, 40% sought for minor problems and 25% would seek help for both problems. The problems associated with family and interpersonal skills were often identified as major issues. For minor issues, family and education problems were frequently reported. Therefore the adolescents would differentiate major and minor problems and react differently toward the problems. For major problems, females were more willing to see k help than males, but there was no gender difference towards minor problems. And males preferred to ask parents and rather than friends, while females were inversely. However, on both minor and major problems, respondents were preferred to seek help from parents and friends over professionals, this may probably due to the easy access to nonprofessional sources. Gim, Atkinson, and Whiteley (1990) conducted an investigation which focuses on the issues concerns Asian-American and the relationship between acculturation and willingness to see a counsellor. The study was down through 816 Asian-American students from West Coast University. 399 of the respondents were male, 417 were female. And 291 of them were freshmen, 191 were junior, 159 were sophomores, 174 were seniors, which ranged in an age group of 16 to 37. The survey questionnaire comprised of three sections. The respondents were asked to report their demographic information and rate the seriousness of 24 issues in eight domains of concern and their wiliness to see counsellors on these concerns. Among the 24 issues, the respondents scaled highly for issues like financial, academic, relationship, conflicts with parents. The results show that for those Asia Americans, they were most willing to seek counsellors for issues like financial, academic, career, but least willing to seek help about concerns such as ethnic identity confusion, roommate, and health. The respondents attitudes towards seeking counsellors would be affected by acculturation, ethnicity, and gender. Asian Americans with higher level of acculturation would be more willing to seek  professional counsellors. In a similar study, Kim and Omizo (2003) generated respondents of 242 Asian American college students from mid-Atlantic and Hawaii universities ,140 of them were female and 102 were male, with an age range of 18 to 57 years. Fifty-nine of the respondents had had sought counselling before. And there were mainly from China, Korea, Philippines, and Japan. Similar conclusion was obtained that Asian Americans who were highly adhered to Asian cultural values, their attitudes toward seeking professional psychological help would be less positive and they were less willing to seek counsellors in general problems. But the sample size of the Kim and Omizo (2003) was relatively small, which may not be a strong support. In another research Eisenberg, Golverstein and Gollust (20 07) investigated the help-seeking behaviour and access to mental health service. The participants are students from Midwestern, public university. The initial sample size was 5,021 students aged above 18 years. And 2,495 were undergraduates, the remaining were graduate and professional students. Since the survey was web-based, total 2,785 students completed the survey and their demographic profile was similar to national student population. The survey used Patient Health Questionnaire-9(PHQ-9) as the key measure to identify the symptoms of depression. The result shows that 15% of Students obtained psychotherapy or psychotropic medication. About 50% respondents aware that there was free counselling service on campus and where to access the mental health care. Among participants who experienced major depression, only 36% received treatment which demonstrated a low level usage of cheap university medical service. For students who did not seek help, they often held the perception that stress was normal in school, or did not realise there is a need, or having the thou ght that problems would get better as time goes by. Limitations of the research include the reliability of web survey results and the survey ignored the informal sources of help like friends and family. The investigations above all show that female is more open to seek help for issues concerns them, however, comes to the issue of dating violence, male perpetrators and victims were more likely to seek help than female (Ashley Foshee, 2005). Ashley et al investigated the adolescents help-seeking behaviour and helping sources when experienced of dating violence. The analysis was based on secondary data collected in a longitudinal study of adolescent dating violence. A sample size of 365 out  of 1814 survey participants collected in 1996 was chosen in their investigation. There were 225 dating violence victims and 140 perpetrators and all the participants were public school students from rural North Carolina country. The results show that over 60% respondents did not seek help for dating violence, especially perpetrators. Among those w ho sought help, friends and family members were more frequently chosen as their help sources than professionals. But males were more willing to seek professional help than females. The possible reasons are higher social acceptance to male hitting female than female hitting male and male will cause more serious and dangerous consequences in the dating violence than female. The findings also demonstrate that older perpetrators were more likely to seek help than younger ones. Researchers suggested that as the adolescent mature, they may have in-depth cognitive on dating violence and the potential consequences of their behaviour which compelling them to seek help. In conclusion, issues concerns or distress adolescents will vary due to their levels of education, gender, ethicises, age, nationality. And adolescents issues usually fall in the domains of family, interpersonal, education, and health. Most of them are not willing to seek help, especially male. But for certain issues, like dating violence, male are more willing to seek help. Easy accessibility made informal sources of help like friends and family common and popular than professional counsellors when adolescents experienced psychological issues. The other reasons cause low frequency of counselling professional help will be like social norms, lack cognition or unaware of benefits from professional help. So the society should promote more benefits of professional counselling and increase the acceptance of it. For adolescents, they are still at growing stage, abilities like perceptions, cognitions, abstract thinking are also developing. It is very important to guide them have a positive thinking of seeking professional help when facing issues concern them, in the end, may also help them develop a positive attitudes in their lives. References Ashley, O. S., Foshee, V. A. (2005). Adolescent help-seeking for dating violence:prevalence, sociodemographic correlates, and sources of help_. Journal of Adolescent Health 36,_ 25-31. Eisenberg, D., Golverstein, E., Gollust, E. (2007). Help-seeking and access to mental health care in a university student population. _Medical Care. 45 (7)._ Fallon, B. J., Bowles, T. (1999). Adolescent help-seeking for major and minor problems. _Australian Journal of Psychology, 51 (1),_ 12-18. Gim, R. H., Atkinson, D. R., Whiteley, S. (1990). Asian-American acculturation, severity of problems, and willingness to see a counselor. _Journal of Counseling Psychology, 37 (3)_, 281-285. Kim, B. S., Omizo, M. M. (2003). Asian culture values, attitudes toward seeking professional psychological help, and willingness to seek a counsellor. _THE COUNSELING PSYCHOLOGIST, 31 (3),_ 343-361.

The Importance Of Memory Continuity Philosophy Essay

The Importance Of Memory Continuity Philosophy Essay In this chapter I will demonstrate that memories are very important to our conception of ourselves and the identities of others, but are unreliable and not alone sufficient for ensuring the continuity of ones identity. I believe that more psychological elements are required in instances where memories are erroneous or have been forgotten. Consciousness is a difficult term to define though. Thomas Reid points out that we cannot be conscious of the past, as you can only ever be conscious of the present (Reid, p. 222). So perhaps Locke means it is our memories which make us the same person as we were yesterday. The problem with this is that I can remember what my flatmates were doing yesterday, but this does not make me identical with my flatmates. So it must only be first-person memory, from my own perspective, which demonstrates that I am identical with myself from yesterday. Joseph Butler objects that this results in a circular position, as having first-person memories implies my remembering that I performed those actions (Butler, p. 324). However, we can see that it would be possible for someone to wake up with amnesia, knowing what actions they had performed recently but with no idea who they are. Therefore, it is possible to separate first-person memory from identity. This is the position popularly attributed to Lo cke. But does this mean that I cease to be myself when I sleep, or that when I temporarily forget that I went cycling yesterday I am no longer the person who went cycling yesterday? Locke would not believe this to be the case. As long as I remembered when I was prompted or woken up then I would still be the same person. But what if I could not remember, even with prompting? For example, someone with Alzheimers disease may suffer loss of memory of recent events. There was also the case of David Fitzpatrick, who suffered a dissociative fugue at age 25, causing him to forget everything about his life before the fugue (Channel Fives The Man With No Past). As Lockes theory of identity related to the responsibility of the agent, Locke would have to say that David Fitzpatrick could not be held responsible for any of the actions, good or bad, he had carried out prior to his fugue. We are reluctant to accept that people are not responsible for actions they cannot recall committing. A distinction which needs to be drawn in Lockes position on accountability is the difference between being conscious of an action now and being conscious of it when it was being committed. For example, (sleepwalker?) was not convicted of the murder of his father because he committed the crime while asleep. Since he was clearly not conscious of the actions he was performing, he was not held responsible for them. However, someone who intentionally hurts many people and later forgets what he has done should not be deemed innocent. As this pertains to identity, we can see that there may be parts of our lives we can no longer recall. For example, most of us recall very little of our early childhood. Thomas Reid objects to this element of Lockes theory of identity with a famous example. A young boy is flogged for stealing apples, grows up to become an officer and later becomes a general. The officer remembered being flogged, and the general remembers being an officer, but the general does not remember being flogged. According to Locke this means the general is not the same person as he was as a child. Reid argues, however, that identity is transitive (Reid, p.249). This means that since the general remembers being an officer, and the officer remembers being flogged, the general is identical with the boy who was flogged, which means Lockes response is nonsensical. But identity is not necessarily transitive. For example, the cup by my bed was full last night but this morning it is empty. This does not mean that the cup I see this morning is different to the one that was there last night. Not all qualities must remain the same in order for people and objects to be the same over time. The only aspect which Locke says must be consistent is our consciousness. ( A huge problem with Lockes theory is the possibility that one may have memories which have become distorted over time, or altogether false. Memories are extremely fragile, and easily led by suggestions from others. For example, Locke explains that, in the case of one who falsely suffers guilt for someone elses crime, when we get to Heaven, God will ensure that the only memories we have and can be held responsible for are our own (Locke, p. 473). But in order for God to determine which memories are ours, he must be able to determine who we are. Locke is unable to explain how God determines this, and why we cannot use Gods criteria instead of Lockes flawed system. A similar problem for Locke is cases of amnesia, whereby a person forgets everything of their past. A new person may seem to emerge after the episode. But what if they later recovered their memory? Similarly, what happens to their old self during times of identity loss. Should we consider the old person to have died? But then when they return we could only consider them to have come back to life. So body needed to act as a kind of enclosure for the memories, allowing for some kind of continuity during times of memory or psychological loss. Tan Tai Wei states that the unreliability of memories means that we need more in order to assure ones identity. He claims that our bodies are necessary for the authentication of our memories. [http://www.springerlink.com/content/jm4072410n14l705/]. As demonstrated in previous chapters, the only important aspects of our body are the brain and our genetic make-up. Yet these do not seem to offer any reliable authentication of our memories. Instead, I believe that what we ourselves would deem important for the continuation of our identity is our psychology: our beliefs, opinions, attitudes and passions. J. Butler, Analogy of Religion, Harper and Brothers, New York, 1860. J. Locke, An Essay Concerning Human Understanding, (ed.) T. J. Cobden-Sanderson and J. F. Dove, Oxford University, Oxford, 1828. T. Reid, Essays on the Intellectual Powers of Man, in: The Works of Thomas Reid, Vol. 1, (ed.) MacLaughlan and Stewart, Edinburgh, 1872. The Man With No Past 2006, television programme, Extraordinary People, Channel Five, UK, 15th November.

Contract of Hire Purchase Answer

Contract of Hire Purchase Answer FOUNDLING FINANCE LIMITED Claimant and MISS DIANE DALY and MR DEREK DOBSON Defendant OPINION I am asked to advise Miss Diane Daly and Derek Dobson (â€Å"the defendants†) with regard to their contract of hire-purchase with Foundling Finance Limited for the purchase of a ‘Nuffield’ knitting machine from Saffron Supplies Limited. This contract is the basis of an action in the Dover County Court against Miss Daly and Mr Dobson for repayment of arrears, and interest thereon, for the period from 3rd January to 3rd April. I am asked to advise whether Miss Daly and Mr Dobson are still bound by the terms of the hire-purchase contract, and if not, what type of compensation they may recover by way of damages. Conclusions In summary, I would advise that the defendants were entitled to disregard the hire-purchase contract after they found out the representations of Mr Stone about the fitness of the ‘Nuffield’ for the intended type of work were false. That this right probably subsisted and was exercisable on the 16th January 2006 but can only be determined with further information. The compensation available largely depends on the success of the rejection action. If the defendants are successful then they will be able to recover their money that they have paid and hand back the knitting machine as if they had never been in the contract. If they are unsuccessful they will be left with the residuary claim in damages for the purchase price of the ‘Newmark’ knitting machine and breach of contract but will be liable to keep paying the hire-purchase contract. I have also advised that some more investigation may be required to ascertain whether any further losses have been incurred. Finally, I have been cognisant of Miss Daly’s concerns surrounding the high APR of the hire-purchase agreement and have therefore attached a consideration of whether the bargain may be considered extortionate. Contract On the 3rd October 2005 the defendants went to Saffron Supplies in Sandwich. They entered into a hire-purchase contract for the supply of a ‘Nuffield’ knitting machine for their fashion design business. According to Miss Daly, their business specialises in the knitting of thick wool garments. They took samples of their wool and made it clear to Mr Stone that the sewing machine had to be capable of knitting those types of fibres. Mr Stone replied that the machine was ‘man enough’ to handle such fibres and on the back of which the defendants entered the hire-purchase contract with Foundling Finance Limited. A matter of importance in the formation of this contract is whether or not you entered as a consumer. If you’re not then clause 12 of the hire-purchase contract may exclude any implied term of fitness for purpose. It appears as though the key matters are whether the contract is one which is regularly entered into by the buyer or bought for a distinctive business purpose (R B Customs Brokers Co Ltd v. United Dominions Trust [1988] 1 ALL ER 847). This will depend on the nature of the business and whether this particular sewing machine was integral to the defendants business. These are again facts which the Instructing Solicitors will need to ascertain in particular look at whether there have been any other sewing machines purchased? How was the ‘Nuffield’ used in the business? Was it used for any personal purposes? Breach of Contract The first issue is whether or not the hire-purchase contract was breached when it became evident that the ‘Nuffield’ knitting machine was unfit for knitting the type of fibres that the defendants use in their business. The difficulty will be whether or not we can establish the conversation between the defendants and Mr Stone as to its fitness for the knitting of the thick wool because it was purely oral. The evidence of both the defendants will be critical – Could instructing solicitors please ascertain more details of the conversation. Was Mr Dobson party to the conversation with Mr Stone? If so, what did he hear? How much was the issue of fibres stressed as important to Mr Stone? The obvious difficulty will be that the evidence of Mr Dobson could turn out to be hearsay unless he was party to the conversation. The strength of this argument will become clearer when we have an indication of Foundling Finance’s or Mr Stone’s stance on the issue; currently I only have Miss Daly’s statement as to the matter. It would seem pragmatic to assume that Mr Stone will be a difficult witness for two reasons; he presumably deals with many customers which may make his recall of a conversation that he had seven months ago rather vague and a fear of losing his job could cause him to be a completely useless witness for us. It isn’t clear from my instructions whether Foundling Finance have acknowledged this claim by the defendants but it seems safe to assume that they will deny it given that an admission would bar their current action in the County Court. However if we can establish the oral assurances by Mr Stone then breach of contract will be more likely. The Implied term of fitness for purpose under Consumer Credit Act 1974 will have been breached as long as the facts bear out consumer status, as I advised above. If we cannot establish consumer status we may have to rely on more general common law considerations .In particular Harlingdon Leinster Ltd v. Christopher Hull Fine Art Ltd [1991] 1 QB 564 which argues that even where the Unfair Contract Terms Act 1977 doesn’t apply the totality of the negotiations will be looked at and the exclusion of an implied term of fitness for purpose, as Foundling Finance Limited have done, maybe disregarded. The strength of this argument will largely depend on the oral evidence which is lead at trial and will depend on the information which I have requested above. Repudiation of Contract The success of maintaining the breach of contract will also rely on whether we can establish the defendants effectively rejected the contract by their letter of the 16th January. This is fundamentally an issue of fact which will need to be ascertained by the Instructing Solicitors. Short of an outright denial, as suggested above, Foundling Finance will likely attempt to argue that either the defendants accepted the breach through acting inconsistently with the ownership of the seller or through lapse of a reasonable time. In order to give my opinion on the strength of this argument could the Instructing Solicitors ascertain facts regarding the dates of the various repairs and more details about the communications between Saffron Supplies and the defendants regarding the repairs. What date was the third repair? Were the repair men’s concerns communicated to the defendants orally or in writing? Were both defendants present at all of the repairs? Was the Knitting machine used at any point between the third repair and the purchase of the ‘Newgate’ knitting machine? The ‘lapse of a reasonable time’ is the test for acceptance of a breach under the Consumer Credit Act 1974 therefore these factors will be critical. If there was a significant period of time between the third repair and the 16th January then I would advise that the Defendants attempt to argue rescission by misrepresentation under the Misrepresentation Act 1967 which is not subject to the same time-constraints as the rejection argument under the Consumer Credit Act 1974. However, I have some doubt as to the strength of this argument not least because it appears never to have been attempted in any reported cases. A critical issue for the success of refuting any defences by Foundling Finance will be the ability to prove that the letter was actually sent. Therefore could the Instructing Solicitors please find out whether Miss Daly has any proof of postage or proof that Foundling received the letter? The copy letter that I received looks as though it was word processed and it may be possible to establish postage through the creation date of the file. According to Miss Daly, she also telephoned the finance company to express her concerns; it would be extremely useful if the Instructing solicitors could ascertain more details about these telephone calls. Does Foundling Finance record phone-calls? When were they made? What exactly was stated in those telephone calls? In my opinion, in order to clarify the issues in dispute between the parties, we should contact Foundling Finance’s representatives to see whether they dispute either the letters or the telephone calls. It maybe that we could then avoid applying for disclosure of evidence Compensation There is a distinction to make between the situation where we can establish that the defendants effectively rejected the contract and where they failed to do so therefore I have treated the separately under this heading. Many of the grounds of damages will be interlinked between the various substantive claims in law. However, if we cannot realistically establish a breach of contract at all then as I am sure Instructing Solicitors will appreciate we have no defence or counterclaim to the current action. If the latter occurs my opinion is that you enter a defence and counter-claim in any case and attempt to settle and avoid some of the interest. (i) If rejection is effective The difference between the two grounds turns on whether or not the sums paid, by my calculation  £3194.57 (that being the November, December and January payments and the two-thousand pound deposit paid on 3rd October 2005), will be recoverable and whether the hire-purchase contract is at an end. I appreciate what a big difference this will make to the defendants. If the rejection is effective then the aim of the court is to put the two parties back in the same position so the money paid will be recoverable and there will be no obligation to continue paying the hire-purchase agreement. However, if rejection is not effective there is in most cases still an action for damages for breach of contract but there is no possibility of ending the contract other than the statutory termination powers in the Consumer Credit Act 1974. (ii) If rejection is not effective As the Instructing Solicitors will appreciate in these circumstances we are limited purely to claiming for purely breach of contract financial losses rather than any emotional losses. However, it is clear that there have been certain losses that will have been caused by the breach in contract. The defendants will remain liable to pay the instalments, including the arrears, if they fail to establish their rejection this is because all the express conditions of the contract will still be enforceable and as a result the defendants will be in breach of contract until they remedy the arrears, along with interest which has been contractually included. (a) Purchase of the ‘Newgate’ It is unclear whether the defendants can claim for the purchase of the ‘Newgate’. It certainly can be characterised as a cost of mitigating the loss which they had initially suffered by Foundling’s breach of contract (as per Bacon v. Cooper (Metals) Limited [1982] 1 ALL ER 397). However, the question of whether it is reasonable will depend on a number of factors which would perhaps require the opinion of an expert. It would be necessary to quantify whether the price paid was reasonable for the product? Whether there were cheaper alternatives available on the market? It seems likely that it would be possible to claim for the whole purchase price of the ‘Newgate’ despite the fact that it may be a better product and leave the defendants in a better position. It seems analogous to Bacon where the court held that replacement of a new item for an old item which became broken didn’t entitle the defendants to reduce the damages to the value of the old item. (b) Loss of Earnings / Damage to Wool. Aside from the purchase of the ‘Newgate’ Miss Daly is of the opinion that her business has not suffered through the breach of contract. However, with all respect to Miss Daly, she is not to my knowledge legally qualified and it would be a breach of professional ethics if we just accept her judgement on this issue. It would be useful if the Instructing Solicitors can check this. In particular: Did the machine not stop being workable for at least three separate twenty-four hour periods? Was there any wool damaged by the machine? What about wasted time waiting for repairmen? It is likely that we can claim these as damages and I am of the opinion that there will be something other than the replacement sewing machine which the defendants can claim for. (c) Extortionate Bargain According to Miss Daly, she feels horrified at the level of the interest that she had to pay for the knitting machine which naturally leads to concerns over whether this hire-purchase agreement could be considered extortionate under the Consumer Credit Act 1974. This could form part of the counter-claim if it can be established. The salient point of the credit agreement is the extremely high APR of 46.2%. In line with A.Ketley Limited v. Scott [1981] ICR 241 the correct approach is to look at whether the rate of interest is extortionate in comparison to other sorts of transactions. I am of course not an expert and thus not qualified but given that the amount repayed will be 161% of the value of the item and that the APR seems to be extremely high at a period of time when interest rates are relatively lower than they have been in the last couple of decades it certainly seems arguable. I think it would be necessary for the Instructing Solicitors to obtain some sort of expert evidence on this point or perhaps some diligent research. In particular – what level of risk is assumed by Foundlings Finance? What sort of experience and means did the defendants have at the time of the agreement? The purpose of arguing this would not so much be as compensation but if Miss Daly was unable to establish a rejection of the contract it could be extremely useful in making the remainder of the payments more equitable. In particular I could ask the court to alter the terms of the credit agreement under s.139 of the Consumer Credit Act 1974. I am not overly confident about the success of this argument because generally the court have been reluctant to find bargains extortionate because of the ordinary principles of fair dealing and even where high APR’s have existed such as in Grangewood Securities v Ellis (unreported 23 November 2000) an APR of 35.4% on its own was not held to be extortionate. My largest reservation is that both Miss Daly and Mr Dobson will be construed by the court as business people who ought to have been more aware (this was a factor in A.Ketley). Next Steps I would advise that we enter a defence and counter-claim to the current action that Foundlings Finance has risen. However, before it calls I would suggest that a letter setting out the key elements of our case be sent to the other side because until now they haven’t appeared to have responded to our claims. I would hope that the Instructing Solicitors would be able to settle this case in the meantime. In that event I would be happy to advise on the terms of such a settlement or a Part 36 offer. In particular, it would put the defendants in a strong bargaining position if they can establish whether or not any other damages were sustained by the defendants such as loss of earnings or destruction of property. If you do wish me to advise then please could such instructions include further items of evidence that I have requested throughout this opinion. IN THE DOVER COUNTY COURT Case No. DV6/49215 BETWEEN FOUNDLING FINANCE LIMITED Claimant / Part 20 Defendant and MISS DIANE DALY MR DEREK DOBSON Defendants / Part 20 Claimants DEFENCE AND COUNTERCLAIM Paragraphs 1, 2 and 3 of the Particulars of Claim are admitted. Save that the Defendants admits that they have not paid instalments on all the relevant dates, it is denied that they are due to be paid as alleged in Paragraph 4 or at all. On 16th January 2006 the Defendant’s rejected the contract for breach of the implied condition of fitness for purpose under the Consumer Credit Act 1974 . A copy of the Defendant’s letter to the Claimants confirming the above is attached to the defence and counterclaim. Paragraph 5 is admitted. The defendants are and were at all relevant times a partnership carrying on business as fashion designers. The Claimants are and were at all relevant times a limited company carrying on business as a provider of consumer credit. The ‘Nuffield’ knitting machine was supplied to the defendants by Saffron Supplies Limited, 6 Shadwell Street, Sandwich (â€Å"the suppliers†) in terms of the Consumer Credit Act 1974. Whereas it is admitted that a hire-purchase contract was entered into as set out in Paragraph 5 of the Particulars of Claim, prior to the signing of said contract, on 3rd October 2005, it was orally agreed by Mr Scott Stone of the suppliers that the said ‘Nuffield’ knitting machine would be capable of knitting specific thick wool as used in the Defendants fashion design business. A sample of said wool was exhibited to Mr Stone by the first defendant for the confirmation of the same. It is averred that in consequence of this conversation, the defendants entered the said contract and that it was implied term that the said knitting machine would be fit for the said purpose. On the 3rd October 2005 The Defendants paid a deposit of  £2000 to the Claimants and paid instalments on 3rd November 2005, 3rd December 2005 and 3rd January 2005. The amount of these instalments plus the deposit was  £3194.57 Between 3rd October 2005 and 16th January 2006 the Defendants complained on three occasions to Saffron Supplies Limited that the said knitting machine had broken. On the first two occasions representatives of the suppliers diagnosed the same as being due to minor problems which were rectified without charge. On the third occasion they diagnosed the breakage as being due to the inability of the said knitting machine to knit the said thick wool fibres. The Defendants refused to pay for the cost of repairing said knitting machine in consequence of which the suppliers thereafter failed and/or refused to repair the said knitting machine at the time. By various phone-calls to the Claimant in or about January 2006 the Defendants demanded the repair of the said knitting machine. Despite this, the Defendant thereafter unlawfully failed and / or refused to arrange repair of said knitting machine. By reason thereof the Defendant sent the said letter of the 16th January 2006 which duly informed the Claimants within a reasonable period of time of their intention to reject the said hire-purchase contract because they had breached the said implied condition and the Defendants are consequently not liable thereon, further the Defendant’s demanded (without prejudice to his claim for damages herein) return of the said  £3194.57 and stated that they would exercise a lien over the said knitting machine until the same had been done.. In the circumstances it is denied that the Claimant is entitled to the relief claimed or any relief for the reasons alleged or at all. Further or alternatively, the Defendants will seek to set off against the Claimant’s claim the matters set out in the Counterclaim below, so as to reduce it or extinguish it altogether. COUNTERCLAIM The Defendants repeat their Defence herein. The hire-purchase agreement has an Annual Percentage Rate (APR) of 46.2% which it is averred is much higher than hire-purchase agreements for other knitting machines and comparable items. In the Circumstances, the said hire-purchase agreement is extortionate pursuant to section 139, Consumer Credit Act 1974. By reason of the Claimant’s said breach of contract the Defendant’s were unable to knit their wool fibres and by reason thereof the Defendants have suffered loss and damage. PARTICULARS By reason of the Defendant’s said breach of contract, the Claimant suffered additional loss and damage, in that they were forced to purchase a similar knitting machine elsewhere, about January 2006 the Defendants purchased a ‘Newgate’ knitting machine at a price of  £9,500. Wasted Time during said repair visits. Cost of Wool Material damaged by said ‘Nuffield’ knitting machine.[1] Further the Defendants are entitled to and counterclaims interest on the sum found due to them for such period and at such rate as the court may think fit pursuant to section 69, County Courts Act 1984. The value of this action exceeds  £5,000 but does not exceed  £15,000. AND the Defendants Counterclaim: Refund of the said Deposit and three instalments of  £3194.57 Interest pursuant to statute as aforesaid. Further or Alternatively; Damages for breach of contract Further or Alternatively; An order that the said hire-purchase agreement is extortionate and that the APR be judicially altered to a more reasonable APR. Statement of Truth I believe (the Defendant believes) that the facts stated in this Defence and Counterclaim are true. Signed†¦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‚¬ ¦ DATED thisDay of2006 Bibliography Atiyah, P.S., Adams, John MacQueen, Hector ‘The Sale of Goods’ 2005 / Pearson-Longman / 11th edition. Bridge, Michael ‘The Sale of Goods’ 2000 / Oxford University Press / 1st edition Doonan, Elmer Foster, Charles ‘Drafting’ 2000 / Cavendish Publishing / 1st edition. Inns of Court School of Law ‘Opinion Writing’ 2003 / Oxford University Press Marshall, Enid ‘Scots Mercantile Law’ 1997 W.Green / Sweet Maxwell Edinburgh / 3rd edition. Rose, William M. ‘Pleadings Without Tears: A Guide to Legal Drafting Under the Civil Procedure Rules’1999 / Blackstone Press Limited / 5th edition. 1 Footnotes [1] I have added these in the case that they can be proved as per my opinion.

Modernization Theory Essay -- Sociology Modernization Essays Papers

Modernization Theory Modernization is the term used for the transition from the traditional society of the past to modern society as it is found today in the West. Modernization theory refers to a variety of non-Marxist perspectives which have been put forward to explain the development or underdevelopment of countries. Modernization theory is a model of economic and social development that explains global inequality in terms of differing levels of technological development among societies. Modernization theory presents the idea that by introducing modern methods in "technology, agricultural production for trade, and industrialization dependent on a mobile labour force," the underdeveloped countries will experience a strengthening in their economies. Modernization theory offers an account of the common features of the process of development drawing on the analysis of Durkheim and Weber. Development implies the bridging of these gaps by an imitative process, occurring in stages, such that traditional sect ors and/or countries gradually assume the qualities of the 'modern' western countries. There are many proponents of Modernization Theory, such as, Walter Rostow, W.A. Lewis, Talcott Parsons, and Daniel Lerner, however the theory has it's roots in the ideas of Durkheim and Weber. The proponents of the modernization theory all felt that the rest of the world needed to look to the Western model of modernity and pattern their society like the West in order to progress. Modernization theory was developed as an alternative to the Marxist account of social development. Modernization Theory Divides the World into two kinds of societies: "modern" and "traditional." Traditional societies are backward looking : Dominated by religious a... ...hat: poor countries are separated from the world economy. It ignores the possibility that one country's prosperity may mean another countries poverty. Further, modernization theory ignores the roles that powerful state governments play in helping with wealth-creation as they support, regulate, and direct economic growth. Modernization theory is an unworkable guide for facilitating Caribbean growth because of the many weaknesses, which have been highlighted. The modernization theory although is without a doubt one of he most influential theory, is in fact an unworkable guide to Caribbean development as it simply describes the development process without showing how it might be achieved. The theory is in fact a unilinear, ethnocentric theory and it is with all it's shortcomings which one can conclude that it provides an unworkable guide to Caribbean development.

Bilingual Education in Richard Rodriguez Aria Essay -- Foreign Langua

Bilingual Education in Richard Rodriguez' Aria Richard Rodriguez offers an alternate yet equally profound truth: While our heritage and culture may remain forever tied to and expressed in our native or "home" language, only through the dominant language of our country (English in most cases) can we achieve a place in society that gives us a feeling that we belong amongst everyone else. The only way we can truly become a part of our community and fit in is to dominate the current spoken language. In the United States, the dominant language is Standard English. In this excerpt from "Aria," a chapter in his autobiography entitled "Hunger of Memory": The Education of Richard Rodriguez, Rodriguez discusses public and private languages, and agrees that his achievements in English separated him from his Spanish family and culture but also brought him "the belief, the calming assurance that [he] belonged in public." We as human beings want to feel we belong. We search for that place in society where we are most comfortable all our l ives. One should consider the benefits of mastering the dominant language of the society they live in, but should also take into account the harm of taking your native language for granted. I will attempt to explore both of these considerations and examine Rodriguez place in life now, by stating the facts of who is now by the childhood decisions that were made. Most people who grow up with a foreign language spoken in there house grow up with an advantage in society. This advantage can only occur once the individual learning that foreign language also learns the dominant language spoken in that country. Once both of these languages are learned and mastered, the individual has now placed them se... ... all as a society can benefit from today. Such as, studying his literature, reading his autobiography, and looking up to him as a role model. Rodriguez is an educated man with a very good grasp on what life and the American society expect from all of us. Speak our language if you're going to live in our country. If one chooses not to make any sacrifice needed to accomplish the basic skills needed to learn English then your chances of belonging and succeeding will not happen easy. While our heritage and culture may remain forever tied to and expressed in our native or "home" language, only through the dominant language of our country (English in most cases) can we achieve a place in society that gives us a feeling that we belong amongst everyone else. The only way we can truly become a part of our community and fit in is to dominate the current spoken language.

Free College Essays - The Optimists Daughter :: The Optimists Daughter

The Optimist's Daughter  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     The major characters in The Optimist's Daughter are Judge McKelva, Becky Mckelva, Laurel Mckelva, Wanda Fay, Dr. Courtland, Miss Adele Courtland, Tish Bullock, Major Bullock, Miss Tennyson, and Miss Missouri. Becky Mckelva was Judge Mckelva's wife before she died and had Laurel Mckelva with him. Wanda Fay remarried Judge Mckelva after his wife's death. Dr. Courtland did surgery on Becky Mckelva and the final operation on Judge Mckelva. Miss Adele Courtland is the sister of Dr. Courtland and is a bride's maid to Laurel McKelva. Tish Bullock is also a bride's maid to Laurel and is the daughter of Miss Tennyson and Major Bullock. Miss Tennyson is another bride's maid to Laurel McKelva and is married to Major Bullock. Miss Missouri is the maid to the McKelva's and a long time friend of the family.   3.1 Two main characters in The Optimist's Daughter are Wanda Fay and Laurel McKelva. Wanda Fay is a woman in her 40's and has the maturity of a child. Whenever she becomes mad, Fay starts to scream, point fingers, and search out people who will help her. She can not stand up and fight for herself, instead Fay uses tactics to make her opponent feel sorry or inferior. This makes her extremely hard to get along with since she is always demanding and never giving. Laurel McKelva is the complete opposite of Wanda Fay. She is kind hearted, nice, caring, and intelligent. Laurel has a air of maturity and understanding around her due to her experiences in life. 3.3 In "The Optimist's Daughter" Judge McKelva will soon enter eye surgery to fix a slipped retina. Judge McKelva, his daughter, Laurel, and his new wife, Fay, are all anxious about the surgery and what might happen. Laurels mother died from cancer that started with her eyes and the family fears that the judge might be suffering from the same illness. The surgery symbolizes a fear that is contained by the three main characters and is a form of foreshadowing. As mentioned by Laurel several times, she fears that her father might not make it out of the operation and die, like her mother, blind and confused. I predict that Judge McKelva will not make it through the surgery or he will die shortly afterwards. With such a sudden death, Laurel and Fay will not have time to say good-bye to him and this will lead to complications later in the book.

Dalit literature Essay

Chaucer and the Elizabethan Age The Neo Classical Age The Romantic and the Victorian Ages Twentieth Century Theory and practice of Translation 4 4 4 Max. Marks Uni. CIA Exam. 25 75 25 75 25 75 6 6 30 4 3 19 25 25 125 75 75 375 100 100 500 Ins. Hrs/ Week 6 6 6 Credit Total 100 100 100 I Year II Semester MAIN Paper-5 MAIN Paper-6 MAIN Paper-7 MAIN Paper-8 COMPULSORY PAPER ELECTIVE Paper-2 English Language and Linguistics Indian Literature in English Shakespeare American Literature Human Rights New Literatures English 6 5 6 5 2 6 30 5 5 5 5 2 3 25 25 25 25 25 25 25 150 75 75 75 75 75 75 450 100 100 100 100 100. 100 600 II year III Semester MAIN MAIN MAIN MAIN Paper-9 Paper-10 Paper-11 Paper-12 6 6 6 6 5 5 5 5 25 25 25 25 75 75 75 75 100 100 100 100 ELECTIVE Paper-3 Commonwealth Literature Literary Theory and Criticism I English Language Teaching Literature, Analysis, Approaches and Applications Film Reviews and Presentation 6 30 3 23 25 125 75 375 100 500 MAIN MAIN MAIN MAIN ELECTIVE Paper-13 Paper-14 Paper-15 Paper-16 Paper-4 (or) Project 6 6 6 6 6 5 5 5 5 3 25 25 25 25 25 75 75 75 75 75 100 100 100 100 100 30 23 125 375 500 II Year IV Semester Literary Theory and Criticism II Soft Skills, Literature and Movies. World Classics in Translation Women’s Writing in English Anatomy of Literature Total 1 M. A. English : Syllabus (CBCS) Papers Credit Total Credits Marks Total marks MAIN 16 4-5 76 100 1600 ELECTIVE 4 3 12 100 400 COMPULSORY PAPER 1 2 2 100 100 21 – 90 – 2100 Subject Total 2 M. A. English : Syllabus (CBCS) THIRUVALLUVAR UNIVERSITY M. A. ENGLISH SYLLABUS UNDER CBCS (with effect from 2012-2013) SEMESTER I PAPER – 1 CHAUCER AND THE ELIZABETHAN AGE Objectives Students are : 1. exposed to early English literature with special reference to transition from middle English to the Elizabethan ethos. 2. introduced to the earliest English writers through representative texts 3. to gain a deeper knowledge of the writers and their works UNIT-I : POETRY 1. Chaucer : Prologue to the Canterbury Tales : The Knight, The Prioress, The Wife of Bath and the Doctor of Physic. 2. John Donne : 1) The Canonization 2) Valediction Forbidding Mourning 3) Go and Catch a Falling Star UNIT-II : POETRY 1. Edmund Spenser : Prothalamion 2. Wyatt and Surrey : As Sonneteers 3. Ballads 3 M. A. English : Syllabus (CBCS) UNIT-III : PROSE 1. Bacon : Of Truth, Of Adversity, Of Parents and Children, Of Ambition 2. The Gospel according to St. Mark (MacMillan Annotated Classics) 3. Thomas More : The Utopia UNIT-IV : DRAMA Webster :The Duchess of Malfi UNIT-V : DRAMA Ben Jonson : The Alchemist 4 M. A. English : Syllabus (CBCS) PAPER 2 THE NEO CLASSICAL AGE Objectives Students are : 1. exposed to the shift to the Classical tradition in literary and political terms 2. to appreciate the tremendous changes in literary forms 3. trained to analyze the trends in literary expression of the period UNIT-I : POETRY Milton (1608 – 1674) : Paradise Lost Book IX UNIT-II : POETRY 1. Andrew Marvell (1621 – 1678) : To His Coy Mistress 2. John Dryden (1631 – 1695) : Absalom and Achitophel 3. Pope (1688 – 1744) : The Essay On Man : Epistle II (II. 1 – 92) (â€Å"Know then thyself†¦. Our greatest evil or great good†) UNIT-III : PROSE 1. Addison and Steele : The Coverley Papers : Sir Roger at Church Sir Roger at the Assizes 2. Milton : Areopagitica 3. Swift : The Battle of the Books 5 M. A. English : Syllabus (CBCS) UNIT-IV : DRAMA 1. John Dryden : All for Love 2. Richard Sheridan : The Rivals UNIT-V : FICTION 1. Daniel Defoe (1660 – 1731) : Robinson Crusoe 2. Swift (1667 – 1745) : Gulliver’s Travels 6 M. A. English : Syllabus (CBCS) PAPER 3 THE ROMANTIC AND THE VICTORIAN AGES Objectives Students are : 1. to appreciate the influence of ever changing trends brought about by social and scientific developments 2. to analyze diverse literary devices of these periods 3. to comprehend and analyze the dialectic between Neo Classicism and Romanticism 4. to gain indepth understanding of major writers of the 19th century UNIT-I: POETRY 1. Wordsworth : Tintern Abbey 2. Coleridge : The Rime of the Ancient Mariner 3. Shelley : Ode to a Skylark 4. Keats : Ode on a Grecian Urn 5. Tennyson : Ulysses UNIT-II: POETRY 1. Browning : My Last Duchess 2. Blake : Night 3. D. G. Rossetti Infant Sorrow : Blessed Damozel 4. Arnold : The Scholar Gypsy Ref: Victorian poets, ed. V. S. Seturaman, Macmillan Annotated Classics 7 M. A. English : Syllabus (CBCS) UNIT-III: PROSE 1. Charles Lamb : From Essays of Elia: Dissertation on a Roast Pig : Poor Relations 2. Arnold : From Culture and Anarchy: Sweetness and Light 3. Thomas Carlyle : On Shakespeare (from Victorian Prose ed. V. S. Sethuraman) UNIT-IV: DRAMA Oscar Wilde : Lady Windermere’s Fan UNIT-V: FICTION 1. Jane Austen : Emma 2. Dickens : Pickwick Papers 3. Charlotte Bronte : Jane Eyre 4. Walter Scott: Ivanhoe 8 M. A. English : Syllabus (CBCS) PAPER 4 TWENTIETH CENTURY Objectives Students are : 1. trained to acquire a working understanding of the war years and their literary consequences 2. exposed to dominant literary traditions and authors of the 20th Century 3. to analytically appreciate various emerging literary trends and forms 4. introduced to futuristic thinking through a classic science fiction novel UNIT-I : POETRY 1. W. B . Yeats 2. T. S Eliot 3. Wilfred Owen : Easter 1916 : Sailing to Byzantium : The Love Song of J. Alfred Prufrock : Strange Meeting UNIT-II : POETRY 1. 2. 3. 4. Hopkins. Seamus Heaney Thom Gunn Stephen Spender : Wreck of the Deutschland : The Tollund Man : On the Move : I think continually of those who are truly great. UNIT-III: PROSE 1. Orwell 2. D. H. Lawrence 3. C. P. Snow : Politics and the English Language : Why the Novel Matters : Two Cultures UNIT-IV: DRAMA 1. Beckett 2. T. S. Eliot : Waiting For Godot : The Family Reunion 9 M. A. English : Syllabus (CBCS) UNIT-V: FICTION 1. Virginia Woolf : Mrs. Dalloway 2. D. H. Lawrence : Sons and Lovers 3. Arthur C. Clarke : Childhood’s End 10 M. A. English : Syllabus (CBCS) ELECTIVE PAPER 1 THEORY AND PRACTICE OF TRANSLATION Objectives Students are trained : 1. to gain a working knowledge of the origin and development of translation 2. in the various theories and techniques of translation 3. to be able to translate literary and non-literary texts from English into an Indian language and vice-versa UNIT-I : History of Translation Origin and development of translation in the West Origin and development of translation in the Indian context UNIT-II : Theories of Translation Catford – Nida – Newmark UNIT-III : Translation of Literary – Aesthetic Texts Problems and Techniques Translation of Religious Texts in India. Translation of Poetry Translation of Fiction Translation of Plays UNIT-IV : Translation of Scientific – Technical Texts Problems and Techniques Translation of Scientific Texts Translation of Social Sciences Texts Translation of Official Circulars, Agenda, Minutes Translation of Commercial, Financial documents and Legal texts 11 M. A. English : Syllabus (CBCS) UNIT-V : New trends Assessment of Translation Computer – aided Translation Reference Susan Bassnett – McGuire, Translation Studies J. C. Catford, A Linguistic Theory of Translation E. A. Nida, Towards a Science of Translation (1964) E. A. Nida and C. Taber, The Theory and Practice of Translation (1974) Peter Newmark, Approaches to Translation (1981) A. Duff, The Third Language (1961) Ayyappa Panicker, ed. Indian Literature (1995) 12 M. A. English : Syllabus (CBCS) II SEMESTER PAPER 5 ENGLISH LANGUAGE AND LINGUISTICS Objectives Students are exposed to : 1. the evolution of the English language at a deeper level, updating what has been learnt at the UG level 2. the intricacies of articulating English sounds, enabling them to speak better 3. levels of linguistic analyses, preparing them to become effective teachers UNIT-I : THE HISTORY OF ENGLISH LANGUAGE. Descent of English language; Old English Period; Middle English; Renaissance & After; Growth of Vocabulary; Change of Meaning; Evolution of Standard English. Recommended Reading: F. T Wood An Outline History of English Language UNIT-II : PHONOLOGY Cardinal Vowels, English Vowels, Diphthongs and Consonants, Transcription, Syllable UNIT-III : PHONOLOGY Received Pronunciation and the need for a model, Accent, Rhythm and Intonation, Assimilation, Elision, Liaison and Juncture. Recommended Reading T. Balasubramanian A Textbook of English Phonetics for Indian Students (Chapter 3-17) 13 M. A. English : Syllabus (CBCS) UNIT-IV : LEVELS OF LINGUISTIC ANALYSIS Morphology, Sentences and their parts, words, phrases and clauses, phrases, Semantics, Pragmatics & Discourse Analysis Recommended Reading Geroge Yule The Study of Language (Chapters 8-13) (Second Edition Cambridge University Press, 1996) Quirk & Greenbaum. A University Grammar of English UNIT-V : SOCIOLINGUISTICS Language varieties; language, society and culture. Recommended Reading George Yule The Study of Language (Chapter 20 &21) Second Ed. CUP, 1996) Verma and Krishnaswamy Modern Linguistics (Units 42 – 45). 14 M. A. English : Syllabus (CBCS) PAPER 6 INDIAN LITERATURE IN ENGLISH Objectives Students are : 1. introduced to a wider range of works in Indian Literature in English 2. exposed to a balanced textual study of established and contemporary writers 3. enabled to acquire a holistic perception of Indian Literature in English in preparation for a teaching or research career UNIT-I : POETRY 1. Aurobindo : Thought the Paraclete 2. Nissim Ezekiel : Poet, Lover, Bird Watcher 3. A. K. Ramanujan : Anxiety (from selected poems OUP, 1995,p. 29, pp. 124-25) 4. Arun Kolatkar : From Jeiury 1. The Bus 2. A Scratch 5. Rabindranath Tagore : Gitanjali UNIT-II : POETRY 1. Daruwalla : Hawk (from The Anthgology of Twelve. Modern Indian Poets ed. A. K. Mehotra, OUP (1992) 2. Sujatha Bhat : The Star (from Monkey Shadows, Penguin India, 1993 – pp 13-15) 3. Mamta Kalia : Tribute to Papa (from Nine Indian Women 15 M. A. English : Syllabus (CBCS) Poets ed. Eunice D’Souza, OUP, 1997, pp. 2021) UNIT-III : PROSE 1. Nehru : Discovery of India (Ch. 2 and 3) 2. B. R. Ambedkar : Extracts 4,5 and 6 (from Annihilation of Caste Ed. Mulk Raj Anand. Delhi: Arnold Publishers, 1990, pp. 47-54) UNIT-IV : DRAMA 1. Karnad : Nagamandala 2. Mahashweta Devi : Rudali (Calcutta: Seagull, 1999) UNIT-V : FICTION 1. R. K. Narayan : The English Teacher 2. Chetan Bhaghat : One Night @ the Call Centre 16 M. A. English : Syllabus (CBCS) PAPER 7 SHAKESPEARE Objectives Students are : 1. enabled to establish Shakespeare’s contribution to development of English literature and language. 2. to gain knowledge and understanding necessary to explain his dramatic skills 3. to identify and explain meaning-making and communicative strategies in the prescribed plays 4. oriented to a concrete understanding of his ‘universality’ which in this context means his ability to communicate to a far wider spectrum of people 5. prompted to recognise and appreciate his skills as a wordsmith 6. trained to identify passages (from the prescribed plays) that can be used as case studies to understand and practice soft and communicative skills. UNIT-I : As You Like It UNIT-II : Othello UNIT-III : Richard III UNIT-IV : The Winter’s Tale UNIT-V 1. The Elizabethan Theatre and Audience 2. Trends in Shakespeare Studies 17 M. A. English : Syllabus (CBCS) PAPER 8 AMERICAN LITERATURE Objectives Students are : 1. to explore the uniqueness of American literature at an advanced level 2. trained to analyze the American mind in its important facets 3. enabled to appreciate mutually beneficial relationship between India and the U.S. , through the literary medium 4. introduced to American Science Fiction through one of the most representative texts UNIT-I : POETRY 1. 2. 3. 4. Walt Whitman Emily Dickinson Robert Frost Wallace Stevens : Crossing Brooklyn Ferry : Success is counted sweetest : Home Burial : Anecdote of the Jar UNIT-II : POETRY 1. e. e. cummings 2. Amiri Baraka 3. Gwendolyn Brooks : Any one lived in a pretty how town : An Agony as Now : Kitchenette Building UNIT-III : PROSE 1. R. W. Emerson 2. H. D. Thoreau 3. Allan Bloom : Self – Reliance : Walden (Selected Chapters 1,2 and 17) : Nietzscheanization of the Left or Vice-Versa (from the Closing of the American Mind 1987) 18 M. A. English : Syllabus (CBCS) UNIT-IV : DRAMA 1. Eugene O’Neill 2. Arthur Miller : Hairy Ape : The Crucible UNIT-V : FICTION 1. Mark Twain 2. W. Faulkner 3. Isaac Asimov : Adventures of Huckleberry Finn : The Sound and the Fury : The Caves of Steel 19 M. A. English : Syllabus (CBCS) HUMAN RIGHTS COMPULSORY PAPER UNIT-I Definition of Human Rights – Nature, Content, Legitimacy and Priority Theories on Human Rights – Historical Development of Human Rights. UNIT-II International Human Rights – Prescription and Enforcement upto World War II Human Rights and the U . N . O. – Universal Declaration of Human Rights International Covenant on Civil and Political Rights – International Convenant on Economic, Social and Cultural Rights and Optional Protocol. UNIT-III Human Rights Declarations – U. N. Human Rights Declarations – U. N. Human Commissioner. UNIT-IV Amnesty International – Human Rights and Helsinki Process – Regional Developments – European Human Rights System – African Human Rights System – International Human Rights in Domestic courts. UNIT-V Contemporary Issues on Human Rights: Children’s Rights – Women’s Rights Dalit’s Rights – Bonded Labour and Wages – Refugees – Capital Punishment. Fundamental Rights in the Indian Constitution – Directive Principles of State Policy – Fundamental Duties – National Human Rights Commission. 20 M. A. English : Syllabus (CBCS) Books for Reference: 1. International Bill of Human Rights, Amnesty International Publication, 1988. 2. Human Rights, Questions and Answers, UNESCO, 1982 3. Mausice Cranston – What is Human Rights 4. Desai, A. R. – Violation of Democratic Rights in India 5. Pandey – Constitutional Law. 6. Timm. R. W. – Working for Justice and Human Rights. 7. Human Rights, A Selected Bibliography, USIS. 8. J. C. Johari. – Human Rights and New World Order. 9. G. S. Bajwa – Human Rights in India. 10. Amnesty International, Human Rights in India. 11. P. C. Sinha & – International Encyclopedia of Peace, Security K. Cheous (Ed) Social Justice and Human Rights (Vols 1-7). 12. Devasia, V. V. – Human Rights and Victimology. Magazines: 1. 2. 3. 4. The Lawyer, Bombay Human Rights Today, Columbia University International Instruments of Human Rights, UN Publication Human Rights Quarterly, John Hopkins University, U. S. A. 21 M. A. English : Syllabus (CBCS) ELECTIVE PAPER 3 NEW LITERATURES IN ENGLISH Objectives Students are introduced to contemporary and complex writers and their works spanning all the commonwealth countries. If selected for study, this paper will enable the student to acquire a highly comprehensive knowledge of commonwealth literature, enhancing their reception of the paper on commonwealth literature in the III semester, and also providing them with sufficient knowledge base for pursuing research or teaching. UNIT-I : POETRY 1. Australia – Judith Wright : At Cooloola 2. New Zealand – James Baxter : The Ikons 3. Allen Curnow : House and Land UNIT-II : POETRY 1. Canada – Al Purdy : Lament for the Dorsets (EskimosExtinct in the 14th Century AD) (from Norton Anthology of Modern Poetry) 2. Africa – Kofi Awoonor : Song of War : The Weaver Bird (from Penguin Anthology of Modern Poetry- Africa. Eds. Gerald Moore and Ulli Beier. ) 3. ace Nichols West Indies – Grace Nichols – Of course, when they ask for poems (from Six Women Poets. Ed. Judith Kinsman, OUP, 1992, pp. 41 -43) 22 M. A. English : Syllabus (CBCS) UNIT-III : PROSE 1. Africa – Achebe : Colonialist Criticism (from Post Colonial Studies Reader eds. Helen Tiffin, Chris Tiffin & Bill Ashcroft) 2. West Indies – V. S. Naipaul-India : A Wounded Civilization UNIT-IV : DRAMA. Australia – Louis Nowra : Radiance J. P. Clarke : Song of a goat UNIT-V : FICTION Africa-Koetzee : Disgrace Canada-Maragaret Laurence : The Stone Angel Australia-Peter Carey : Oscar and Lucinda 23 M. A. English : Syllabus (CBCS) III SEMESTER PAPER 9 COMMONWEALTH LITERATURE Objectives Students are : 1. exposed to the literatures of the Commonwealth 2. introduced to the postcolonial perceptions of a wide range of people whose second language is English 3. trained to develop comparative perspectives 4. Trained to discuss the question of identity and dominance of landscape in Commonwealth literature UNIT-I : POETRY. Australia – A. D. Hope : Australia New Zealand – Jessie Mackay : The Noosing of the sun-god Africa – Abioseh Nicol : The Continent that lies within us UNIT-II : POETRY Africa – David Rubadiri : A Negro labourer in Liverpool Dereck Walcott : Ruins of a Great House Canada – F. R. Scott : The Canadian Author’s Meet (from Anthology of Commonwealth Verse ed. Margaret O’Donnell & An Anthology of Commonwealth Poetry ed. C. D. Narasimhaiah) UNIT-III : PROSE Sri Lanka – Ananda : The Dance of Shiva Coomaraswami 24 M. A. English : Syllabus (CBCS) UNIT-IV : DRAMA Nigeria – Wole Soyinka : The Lion and the Jewel UNIT-V : FICTION. Canada – Margaret Atwood : Surfacing Australia – Patrick White : Voss 25 M. A. English : Syllabus (CBCS) PAPER 10 LITERARY THEORY AND CRITICISM I Objectives Students are : 1. introduced to one of the most enabling forms of literary study 2. exposed to the complexities of literary theory and criticism, which is most essential aspect of literary appreciation 3. trained to understand and analyze literary writings based on the ever evolving traditions of criticism 4. enabled to form a comparative perspective of the Eastern and Western critical traditions UNIT-I Introduction to Classical Literary Criticism UNIT-II. Ancient Tamil and Sanskrit Criticism UNIT-III Johnson : Preface to Shakespeare Wordsworth : Preface to the Lyrical Ballads UNIT-IV Arnold : Study of Poetry T. S. Eliot : Tradition and Individual Talent UNIT-V N. Frye : Archetypes of Literature 26 M. A. English : Syllabus (CBCS) PAPER 11 ENGLISH LANGUAGE TEACHING Objectives Students are : 1. expected to acquire the essentials of teaching English as a second / foreign language 2. to internalize the various methods of English language teaching, theory as well as practice 3. trained to appreciate the area specific feature of ELT, in the Indian context, to become able teachers. 4. Problems and Principles UNIT-I The role of English in India; English teaching in India today UNIT-II Theories of language learning: cognitive-theory; behaviouristic theory. First language acquisition and second language learning; Attitudes to error; Inter language UNIT-III Approaches and Methods: Grammar Translation; Audio-lingual; Communicative and Current Trends UNIT-IV Classroom Management and Teacher – Student Interaction Materials Production 27 M. A. English : Syllabus (CBCS) UNIT-V Reading, Writing, Testimony, Speaking, Study Skills, Literature, Remediation Recommended Reading Howall A. P. R. A History of English Language Teaching, OUP, 1984. Richards, J and Rodgers, S. Approaches and Methods in Language Teaching, Cambridge University Press, 2001. Ellis, R. Understanding Second Language Acquisition, London, OUP, 1985. Pit Corder, S. Introducing Applied Linguistics, Harmondsworth, Penguin, 1973. Edinburgh Course in Appied Linguistics Vols. 1,2,3,4. Yalden, 1. The Communicative Syllabus: Evolution Design & Implementations. Penguin, 1983. Oller J. W. Jr. Language Tests at School, London, Longman, 1979. David Nunan, Language Teaching Methodology, Prentice Hall, 1991. 28 M. A. English : Syllabus (CBCS) PAPER 12 LITERATURE, ANALYSIS, APPROACHES AND APPLICATIONS Objectives Students are : 1. introduced to the methodologies of analysis, an integral part of literary appreciation 2. exposed to the expected levels of performance required in them 3. directed to the ever widening career options opening to a PG in English, especially in the Knowledge Processing Industry for writers, editors, instructional designers and so on UNIT-I Practical Criticism UNIT-II Journalism and Mass Communication UNIT-III Report Writing and Book Review UNIT-IV Proofreading, Editing and Advertising UNIT-V : TECHNICAL WRITING Specs, Manuals, Business correspondence 29 M. A. English : Syllabus (CBCS) ELECTIVE PAPER 3 FILM REVIEWS AND PRESENTATION Objectives Students are : 1. exposed to the newly emerging field of film studies 2. introduced to the technicalities of making and appreciation of cinema 3. trained to become reviewers, opening up another career option UNIT-I History of Cinema in India UNIT-II Major Landmarks in Indian Cinema UNIT-III What is Film Reviewing? UNIT-IV Actual reviewing by showing film clips UNIT-V The script, storyline, acting, costumes, dialogue, visuals, music and dance, graphics and special effects 30 M. A. English : Syllabus (CBCS) IV SEMESTER PAPER 13 LITERARY THEORY AND CRITICISM II Objectives In addition to the objectives for Literary Theory and Criticism I Students are : 1. sensitized to the transition from Humanistic to Modern and Postmodern critical traditions 2. enabled to comprehend the dominance of theory in the Postmodern phase 3. introduced to recent contexts, concepts and ideologies UNIT-I Lionel Trilling: Sense of the Past Cleanth Brooks: The Language of Paradox UNIT-II Georg Lukacs: Ideology of Modernism UNIT-III Jacques Lacan : Of Structure as an Inmixing of an Otherness Prerequisite to any Subject Whatever UNIT-IV. Barthes: Death of the Author UNIT-V Simone de Beauvoir : Introduction to â€Å"The Second Sex† 31 M. A. English : Syllabus (CBCS) PAPER 14 SOFT SKILLS, LITERATURE AND MOVIES Objectives Students are : 1. trained to understand the aspects of soft skills 2. exposed to the actualities of the various skills grouped under the rubric ‘Soft Skills’ 3. motivated, through this paper, to empower themselves with the expected skills for suitable employment 4. oriented to recognize and locate the role of soft skills in real life situations UNIT-I : INTRAPERSONAL Self-management, self-esteem, self-awareness, self-regulation, self-critique,  Jane Eyre UNIT-II : EMPATHY Honesty, cultural diversity, Ability to take other’s point of view, integrating cognitive and affective skills, Nelli in â€Å"Wuthering Heights† UNIT-III : INTERPERSONAL Team work, persuasion, negotiation, conflict resolution, Reading social situations, learning to say no, active listening, Rosalind, Portia and Viola UNIT-IV : COMMUNICATION Body language, facial expression, humour, eye contact, tone of voice, etiquette, 1. Antony and Cleopatra (Movie) 2. To Sir with Love (Movie) 3. Dead Poets Society (Movie) UNIT-V : LEADERSHIP Critical, lateral, strategic thinking; delegation; taking responsibility; giving praise and appreciation; giving and receiving feedback; ability to motivate; problem solving, â€Å"Things Fall Apart† – Achebe. 32 M. A. English : Syllabus (CBCS) References Daniel Coleman. Working with Emotional Intelligence. Dale Carnegie. How to Develop Self Confidence and Influence People by Public Speaking. 1926. rpt. 1956. Pocket Books. 33 M. A. English : Syllabus (CBCS) PAPER 15 WORLD CLASSICS IN TRANSLATION Objectives: Enable the students to appreciate the writings for them literary values, cultural importance, philosophical and socio-political background to  facilitate the development of cross-cultural perspectives. UNIT-I : Poetry Homer : The Sliad Book III Virgil : The Aeveid Book IV (438-563) Thiruvalluvar : Thirukkural Book II UNIT-II : Dante : The Inferno (Canto III) Gibran : The Prophet UNIT-III : PROSE St. Augustine : The Confessions Book – I Confucius : Analects 1, 2 Harace : As Poetria UNIT-IV : DRAMA Anton Chekov : The Cherry Orchid Kalidasa : Sahuntala Aristophanes : The Clouds UNIT-V : FICTION Leo Tolstoy : Anna Karenina Books (1 & 2) Thomas Mann : Magic Mountain 34 M. A. English : Syllabus (CBCS) PAPER 16 WOMEN’S WRITING IN ENGLISH UNIT-I: POETRY Elizabeth Barret Browming. Ways. : How Do I Love Thee? Let me count the Sylvia Plath : Lady Lazarus Maya Angelou : Phenomenal Woman Kamala Das : Introduction Toru Dutt : Sita UNIT-II: PROSE Virginia Woolf : A Room of One’s Own Arundhathi Roy : The Algebra of Infinite Justice. UNIT-III: DRAMA Mahashweta Devi : Mother of 1084 Caryll Churchill : Top Girls UNIT-IV: FICTION Jhumpa Lahiri : The Namesake Margaret Atwood : The Handmaid’s Tale UNIT-V: GENERAL Mary Woolstone craft : The Vindication of the Rights of Women Elaine Showalter : Toward a Feminist Poetics 35 M. A. English : Syllabus (CBCS) ELECTIVE PAPER 4 ANATOMY OF LITERATURE Objectives. Students are : 1. enabled to acquaint themselves with the major generic divisions in English literature 2. trained in the universally – acknowledged conventions of literary research and documentation UNIT-I : THE ANATOMY OF PROSE The form of prose – vocabulary – grammar and idiom written and spoken prose – the paragraph – prose rhythm – individual and common style – common style and cheap style – simplicity and ornamentation – objective and subjective abstract and concrete – realism, romance and unreality – special inventions prose for its own sake – the historical approach – the science of rhetoric writing prose. UNIT-II : THE ANATOMY OF POETRY The importance of form – the physical form of poetry – metre – variation – rhyme – onomatopoeia – internal pattern – form in intonation – repetition – the main types of poetry – logical sequence – the use of associations – patterns of imagery – traditional verse forms – free verse – the choice of words – illustrations – cautions – twentieth – century techniques. UNIT-III : THE ANATOMY OF NOVEL The concept of fiction – verisimilitude – the point of view – plot – character character revealed – conversation – scene and background – dominant themes the experimental novel 36. M. A. English : Syllabus (CBCS) UNIT-IV : THE ANATOMY OF DRAMA Live literature – action – plots – conventional divisions – direct experience of characters – dialogue and conversation – verse and prose – types of drama drama and history – use of notes – interpretation UNIT-V : LITERARY RESEARCH Research and writing – the mechanics of writing – the format of the research paper – documentation: preparing the list of works cited – documentation: citing sources in the text – abbreviations Reference Marjorie Boulton, The Anatomy of Prose (1954). Marjorie Boulton, The Anatomy of Poetry (1953) Marjorie Boulton, The Anatomy of Novel Marjorie Boulton, The Anatomy of Drama (1960) Joseph Gibaldi, MLA Handbook for Writers of Research Papers, 6th Ed. 37 M. A. English : Syllabus (CBCS) PROJECT DISSERTATION Objective Project Work is a preparatory exercise for research writing. Students are introduced to the basics of research and trained to write academically following the framework given below: 1. Introduction 2. Statement of the problem 3. Review of Literature 4. Analysis 5. Summary, findings and suggestions.