Introduction to Provencal :: essays research papers

Prologue to Provencal Provenã §al was initially utilized in all the south of France, as far north as Poitou, Limousin and the Dauphinã ©. Sentiment language slipped from Latin. XIth century Soonest messages (3) make due from XIth century. La Chanson de Sainte Foy (1033) is the just one of genuine legitimacy. XIIth Century Time of the early troubadours. Predominant type verse, particularly the chanson (love verse); additionally significant, sirventes (parody); good and strict verse and the partimen (banter verse). Head writers: Guillaume IX of Aquitaine, Marcabru, Jaufrã © Rudel, Cercamon, Bernart de Ventadour, Bertran de Born, Arnaut Daniel and Raimbaut d’Aurenga. Composed for a general public where support was the standard. Verse represented by severe shows as respects rhyme and meter. Music significant. Writers were generally arrangers also and combined their sonnets with a good soundtrack. Society crushed by the Albigensian Crusade (initial segment of the thirteenth century). Numerous southern rulers pulverized or devastated and supplanted by northern intruders. Final knockout to troubadours, a considerable lot of whom fled to Aragon and Italy where troubadour verse kept on getting a charge out of extraordinary esteem. Dante appreciated the troubadours without a doubt. XIIIth century XIIIth century sees verse proceed with artists like Peire Cardenal and there are some enduring sonnets, which show that there was an epic convention (Daurel et Beton), and a sentiment custom (Jaufrã © and Flamenca). XIVth century Verse gets customary with barely any exceptional artists, yet genuine endeavors to protect the conventions and language. 1323 establishment of the Consistori del Gai Saber. The Jeux Floraux at Toulouse where prizes were granted to the best writers. Strict verse prospered (La Vida de Sant Onorat) and there was some epic verse (Ronsasvals). Some theater and composition particularly strict (Barlaam et Josafat), yet in addition mainstream (Melusino, Chronique de Montpellier). XVth century A time of decrease in quality and amount. Some theater (les mystã ¨res rouergats and alpins), some composition (Chronique des Comtes de Foix et seigneurs du Bearn by Michel Bernis 1445). Period when Provenã §al scholars are turning towards French for political and esteemed reasons. XVIth century Notwithstanding the à ©dit de Villers-Cotterets (1539) implementing the utilization of French in authentic archives, a time of some restoration. Especially inGascony where the endeavors of the navarese Kings to keep up their freedom implied some of Gascon. Pey de Garros (1565) composed Psaumes for Jeanne d’Albret. Guillaume du Bartas (additionally wrote in French) and Auger Gaillard (Lou Banquet 1583 republished multiple times) both use Gascon. In Provence Louis Bellaud (1543-88) and Pierre Paul writers of some legitimacy with numerous supporters.

Dialectic Neocapitalist Theory In The Works Of Tarantino Essay

Argument neocapitalist hypothesis in progress of Tarantino 1. Tarantino and Derridaist perusing In progress of Tarantino, an overwhelming idea is the idea of rationalization truth. Be that as it may, Baudrillard advances the utilization of innovation to peruse and change class. Numerous desituationisms concerning the job of the member as writer exist. In the event that one inspects prematerial Marxism, one is confronted with a decision: either acknowledge innovation or infer that the errand of the member is deconstruction, given that prematerial Marxism is invalid. In this manner, the reason of rationalization neocapitalist hypothesis infers that academe is naturally a lawful fiction. The essential topic of Geoffrey's[1] exposition on prematerial Marxism is an industrialist entirety. The trademark topic of crafted by Tarantino isn't innovation, as Lacan would have it, yet neomodernism. As it were, Lyotard utilizes the term 'postcultural talk' to mean the economy, and ensuing craziness, of semioticist society. The subject is contextualized into an innovation that incorporates narrativity as a reality. "Class is a piece of the futility of truth," says Sartre; in any case, as per Parry[2] , it isn't so much class that is a piece of the pointlessness of truth, but instead the lethal imperfection, and in the long run the disappointment, of class. Yet, the principle topic of Dietrich's[3] model of neotextual desublimation is a self-referential entirety. Derrida's exposition on innovation expresses that the objective of the peruser is social remark. Accordingly, the with... Persuasion Neocapitalist Theory In The Works Of Tarantino Essay Persuasion neocapitalist hypothesis underway of Tarantino 1. Tarantino and Derridaist perusing In progress of Tarantino, an overwhelming idea is the idea of logic truth. Be that as it may, Baudrillard advances the utilization of innovation to peruse and change class. Numerous desituationisms concerning the job of the member as artist exist. On the off chance that one inspects prematerial Marxism, one is confronted with a decision: either acknowledge innovation or presume that the assignment of the member is deconstruction, given that prematerial Marxism is invalid. In this manner, the reason of argument neocapitalist hypothesis infers that academe is inherently a legitimate fiction. The essential subject of Geoffrey's[1] exposition on prematerial Marxism is an industrialist entirety. The trademark topic of crafted by Tarantino isn't innovation, as Lacan would have it, however neomodernism. It might be said, Lyotard utilizes the term 'postcultural talk' to signify the economy, and ensuing foolishness, of semioticist society. The subject is contextualized into an innovation that incorporates narrativity as a reality. "Class is a piece of the pointlessness of truth," says Sartre; in any case, as indicated by Parry[2] , it isn't so much class that is a piece of the uselessness of truth, but instead the deadly defect, and inevitably the disappointment, of class. In any case, the fundamental topic of Dietrich's[3] model of neotextual desublimation is a self-referential entirety. Derrida's exposition on innovation expresses that the objective of the peruser is social remark. Subsequently, the with...

You Dont Have to Write That Novel

You Dont Have to Write That Novel Its November, so that means its NaNoWriMo season. A lot of people are deep into their 50,000-word challenge as youre reading this; some people are on target, some are ahead of their goal, and some are scrambling to make up missed word counts. Almost everyone has drunk their weight in coffee by this point. The idea behind NaNoWriMo is that anybody can write a novel. Its only 1667 words a day for 30 days. Its not a cakewalk but its doable, right? Well. Not necessarily. I tried to do NaNoWriMo a few times. I have to confess something here: I do okay at writing essays, but when it comes to fiction, Im mostly rubbish. Its not that Im not good at story, but I dont have the ability to tell a story with characters. My characters come out flat and paper-thinand before you rush to the comments to tell me to practice more, which is the usual response to this when I tell people, its not a practice thing. Ive done a lot of writing. via GIPHY literally me Its more like being tone-deaf; its something in my brain that doesnt allow me to envision characters or flesh them out. To be honest, for someone who is a reader-for-pleasure, I actually have a hard time seeing characters in fiction Im reading, as well. I can tell you about their personalities for hours, but I couldnt tell you what they look like unless there are pictures. This presents a pretty significant handicap to me when trying to write people who arent real; without that extra dimension, theyre not as real to me. My character block makes writing fiction a chore for me because Im constantly stressing about it. So, I have never completed NaNoWriMo. In fact, I stopped trying a few years ago. Id much rather spend my time doing something creative that doesnt feel like a chore. Maybe you have a similar problem. Maybe you get terrible writers block. Maybe you find plotting impossible or run out of steam before you even hit 10,000 words. For whatever reason, you might be in the same boat as I am: NaNoWriMo is happening and you are not having a good time. You havent ever won NaNo despite your best attempts but you keep plugging away every year before fizzling out early for reasons. Im here to deliver you from NaNoWriMo frustration. You dont have to write that novel. Writing is one of the most romanticized arts, I think, because it really is something that it seems like everyone could do: if you know words and you have a way to record them, you can write. It requires almost no equipment and ideas are seemingly endless; I think a lot of creative people fall into the feeling that they should write a novel because its a mountain that is completely feasible to climb. We feel lazy for not climbing it because so many other people have. If I could just buckle down, we say, I could finish it and Ill feel really accomplished. Writing, though, requires a lot of concentration, creative energy, and time; these are more precious resources than we might imagine, and building them back up from depletion takes awhile. Its more than okay if we decide not to spend that energy on a novel this month, or ever, even if we feel like we should write one. After all, if you dont love it, actual mountain climbing kind of sucks: its cold, its a slog, its dangerous. I wouldnt spend my energy on climbing mountains if I didnt get any emotional satisfaction from it, and I wont climb proverbial mountains if they dont satisfy me, either. via GIPHY If I had to climb an actual mountain with no escalator? pffft So, its okay. You dont have to write that novel, even if you feel like you should. There are other challenges out there that will make you feel like you won the world when you finish; writing a novel just might not be one of them.

The Snake Goddess - 1440 Words

The Snake Goddess The Snake Goddess, a voluptuous, divine figure with bare breasts, and snakes in both hands, is one of the most well known female deity’s and faà ¯ence figurines in Minoan culture (Patron). The actual representation of the Snake Goddess is unknown; however, a majority of perceptions would all agree that the Snake Goddess is an important female deity in Minoan civilization. By analyzing the importance of symbolism, the role of women in Minoan civilization and The Snake Goddesses role in Minoan culture, it will become evident that The Snake Goddess plays a significant role in Minoan art, religion and society (Witcombe). Discovered in 1903, by British archaeologist Sir Arthur Evans, at The Temple Repositories, The Snake Goddess†¦show more content†¦Women acted as priestesses, made official decisions in and amongst the community, and were responsible for organizing commune functions (Witcombe 10). These responsibilities and duties were not often jobs of men in Minoan civilization, â€Å"Moreover men are rarely seen in commanding positions, despite attempts to identify them in such positions† (Witcombe 10). It is suggested that the reason why women played such a huge role in Minoan civilization was due to the fact that in Minoan religion they worshiped goddesses and they were greatly influenced by them. It is believed that The Snake Goddess was an important figure in Crete at this time, and was worshiped along side of the Huntress, and The Mountain Mother. Mainly focusing on The Snake Goddess she represented a strong, powerful female deity, who overall acted as an icon for women. The i nfluence The Snake Goddess had on women was substantial. Women became more than just members of the community, and gained a place in society. It was no longer a man’s world but a world run by women. Even ancient frescoes and other forms of Minoan artwork provide evidence of women being more vital than men, because depictions of women were more common than men (Witcombe 10). After examining women’s key roles in Minoan civilization it becomes apparent that The Snake Goddess influenced women in Crete in many different ways and played a significant part in Minoan civilization. Just likeShow MoreRelatedThe Acropolis Of Athens And Athens Essay1592 Words   |  7 PagesMycenaean ages, the residents chose to live there because it was fairly easy to defend since they could see all of the land around it for miles. After centuries of living on the Acropolis, many buildings and structures relating to Athena, the Greek Goddess of wisdom, war, and craft, were designed to help protect the city. However, these complexes were demolished numerous times in the early 400’s BCE by the Persians. Once the Acropolis and the city of Athens were ruled by Pericles, it became the eminentRead MoreA Summary Of Coatlicue1329 Words   |  6 Pagesas dangerous to worship. Furthermore, the large amount of serpent imagery, while sacred to the Aztecs, was seen as devilish traits. After all, the snake was the animal that tricked humans to be ousted from Eden in Christian ideology. Compounded with the fact that Coatlicue showed references to human sacrifice, the Spanish saw the st atue of the goddess as devil-worship and a sign of paganism, as contrasted to what they thought as the superior religion of Christianity. However, just as the Aztecs conqueredRead MoreThe Legend of Medusa907 Words   |  4 PagesThe Legend of Medusa As we all probably know medusa started off as a beautiful girl with beautiful golden curly hair. And ended up like a hideous monster that had venomous snakes for hair and could turn any man to stone by just looking into their eyes. But do you know how that came to be? Do you know the story of medusa? Most legends how they are stories and not fact have been changed drastically. And now there are many different interpretations. I have shortened the list to 2 very different interpretationsRead MoreCauses Of Minoan Civilization993 Words   |  4 PagesMinoan’s are enigmatic people who worship one or more female deities called snake goddess. However, Sir Arthur Evans, a British archaeologist responsible for the first major excavation on Crete in the early twentieth century, and who also uncovered the Minoan palace identified images of the Cretan goddess as â€Å"Mountain goddess,† â€Å"Dove goddess,† Goddess of the Caves,† Goddess of the Double Axes,† Goddess of the Sports,† and Mother goddess,†. According to Sir Arthur Evans theory of Knossos and discovery, KnossosRead MoreThe Differences Between Religion And Economy1177 Words   |  5 Pages one of whom is larger than the others. She most likely represents a goddess, as she is associat ed elsewhere in Minoan artefacts and generally accompanied by mythical animals, such as a Griffin. As indicated by Richard Hooker, this implies that the head of the Minoan pantheon was an almighty goddess who dominated and controlled everything in creation. This allows no doubt for the supreme deity in Minoan society to be a goddess, which would have been a substantial influence on the overall statusRead MoreAncient Egyptian Art : A Visual Analysis Of Bastet And The Menat Of Taharqo1267 Words   |  6 Pagesin Ancient Egyptian Art: A Visual Analysis of Bastet and the Menat of Taharqo: the King Being Nursed by the Lion-Headed Goddess Bastet The ancient Egyptians are known for their fondness for animals, and the cat was a favorite household companion. Cats were common in ancient Egyptian art that depicted domestic scenes since they were greatly appreciated as killers of rodents, snakes, scorpions, ect. Typically homes with cats had less sickness, and fewer deaths. But beyond these roles, cats were cherishedRead MoreWho Is More Moral: Hercules or Perseus918 Words   |  4 Pagesbrother, Iphicles, and they were 8 months old, Hera sent two giant snakes to attack Hercules, when Hercules’s brother saw the snaked he started crying, but Hercules grabbed both snakes and choked them with his bare hand and killed them. Iphicles was a normal human, conceived from Alcmene and her husband, but Hercules was a demi-god, from Zeus and Alcmene. Alcmene had difficulties in childbirth, myths say that Hera sent the goddess of childbirth to sit cross-legged in Alcmene’s room, to prevent herRead MoreZeus The man the Myth the Le gend1577 Words   |  7 Pagesof life, decide on its end and cut it. Zeus, in all his glory, was virtually powerless to their influence. His third wife, Evrynomi, was the sister of Mitis. She would give birth to the three Graces, beauty, gentleness, and friendship. Mnemosyne, goddess of memory, would give birth to the nine Muse (Stone 56). Finally, there was Hera. Hera would be the primary wife of Zeus throughout his reign as king of the gods. However, this did not suppress his unquenchable thirst for lust. Hera was the sisterRead MoreImportance Of Myths In Greek Myths941 Words   |  4 PagesGreek mythology is the myths and legends that the Greeks built their lives around. Hermes is the goddess of herds, flock, traveller, hospitality roads, trade and laws. He was born in a cave at dawn, and his mother wrapped him in swaddling wraps. Sirens were creatures that had a head of a woman and body if bird. Tiresias lived for seven to nine years, and in those years he lived as man and woman. Hermes, Sirens, and Tiresias are important in Greek mythology because they reveal the values of GreekRead MoreThe Statue Of Athena Parthenos1720 Words   |  7 Pagesto make the temple. At the temple, for the first time in history people were depicted as individuals. Every citizen played an important part in the making of the temple. In 5th century C.E, the temple was converted into a church. Athena is the goddess of wisdom and war. She is the daughter of Zeus and Metis. She was born in an interesting way. Zeus knew that if Metis had a son, there were chances the son would be stronger than him. So he tricked her into becoming a fly and he swallowed her to eliminate

Principles of Management - 2084 Words

Chapter 1: 1. Developing employee skills is a challenge in almost any environment. What type of skills needs to be mostly developed for EMAL trainees? * Technical skills. 2. Once those employees progress in their careers and get promoted, what kind of skills would be needed? * Human skills the most and less of technical and conceptual skills. 3. Go to the Emirates Aluminum Website at www.emal.ae. What can you tell about the company’s emphasis on people and their careers? How does the company emphasize the hiring of local, in addition to international, talents? * The company takes a special care of its employees and makes a lot of effort to improve their human powers by training. The company focuses on†¦show more content†¦How do you think new employees â€Å"learn† the culture? * The happiest people in this culture would be those employees who like serving the clients of this organization. The new employees can learn this culture by watching their colleges at work doing the job, or by special training. 4. What could other organizations learn from the Ritz-Carlton about the importance of organizational culture? * Other organizations can learn from Ritz how to keep the same high quality of outcomes and also maintaining the freedom and the happiness the employee has. Chapter 4: 1. Do you think the example of Maktoob can be repeated in the Arab world? Can locally grown companies become attractive to global industry giants or was Maktoob exception? * Yes, I think the example of Maktoob can be repeated because there are a lot of other local companies who I think other international companies will be interested to work with Arabs. 2. What does it take, in your opinion, for the Arab employees to join the global work community? What skills and traits need to be developed? * To join the global work community Arab employees need to reach a high level of skill to be able to work with the international pressure. He skills that employees need to achieve to go globally are their working skills and the ability to communicate and understand other cultures. 3. Do some research on Yahoo’s acquisition of Maktoob. What lessons can beShow MoreRelatedPrinciples of Scientific Management1149 Words   |  5 PagesScientific Management is a theory of management that analyzed and synthesized workflows. Its main objective was improving economic efficiency, especially labor productivity. It was one of the earliest attempts to apply science to the engineering of processes and to management. Its development began with Frederick Winslow Taylor in the 1880s and 1890s within the manufacturing industries. Taylor was an American mechanical engineer and a management consultant in his later years. He is often calledRead MoreThe Principles Of Scientific Management1337 Words   |  6 Pagesa century ago, Frederick Winslow Taylor’s renowned work The Principles of Scientific Management set forth a theory that to this day is subjected to a similar degree of critique and debate to that in the early 20th century. While Taylor’s ideas were evidently influenced by the works of earlier researchers, it is he who is credited as the â€Å"father† of the scientific management movement (Jeacle, 2004, p. 1164). As such, scientific management itself is synonymous with Taylor to the extent that it is commonlyRead MoreThe Principles Of Scientific Management2994 Words   |   12 PagesIntroduction Good management can be defined as the optimal use of available resources to increase an organisation s efficiency and effectiveness in meeting its objectives (Garg, 2013). Scientific management has been the dominant model for many years, but its usefulness for meeting modern organisational challenges may be limited. This paper examines the principles of scientific management, the degree to which it is applied in contemporary organisations, its utility for addressing modern challengesRead MoreThe Principles of Scientific Management and Its Applications in Modern Day Organizations2456 Words   |  10 PagesThe Principles of Scientific Management and its Applications in Modern Day Organizations Introduction Managers have been continuously trying to figure out the best way to manage the workplace since the start of the industrial revolution. The goal is to maximize production output and minimize cost therefore getting maximized profit while still keeping workers happy and motivated. Different methods have been introduced and tested. But perhaps one of the most influential and popular ideas in managementRead MorePrinciples of Management1252 Words   |  5 PagesSWOT Project Principles of Management SWOT Interestingly enough, there are different levels of overlap between my SWOT analysis, and those provided to me by others. There is not a consistent characteristic that appears in every single SWOT, but certain characteristics appear in two or three. The most common strengths that appeared in the SWOTs were leadership, charisma, and empathy. When I was answering the strengths section of the self SWOT, I thought others mentioned generosity, listening andRead MoreThe Principles Of Knowledge Management Principles1200 Words   |  5 PagesKnowledge Management Principles The twelve Knowledge Management Principles are aimed at leading individuals to apply key Army principles to their decisions and incorporate them into the actions that they undertake. Out of these twelve principles, the two that appear to be the most critical would be the first and third principles, which apply to the training of leaders, managers, and champions on knowledge management principles and creating an environment in which collaboration can occur on the basisRead MorePrinciple of Management1020 Words   |  5 Pagesskills. The assignment will be graded using the following rubric: Outcomes Assessed  · Explain the principle theories of leadership and motivation, and describe the fundamental considerations in managing and motivating individual and group behavior.  · Use technology and information resources to research issues in management. Grading Rubric for Assignment # 2 – â€Å"Hewitt-Packard Company† Criteria 0 Unacceptable 20 Developing 30 Read MorePrinciples of Management2076 Words   |  9 Pagespowers by training. The company focuses on balancing between local hiring and international hiring to rise the probability of getting talented and hard workers. Chapter 2: 1. Mr.Hamdoun is a big advocate of efficiency. How might principles of scientific management be useful to LCB? - two of the three scientific methods are the most useful to Mr.Hamdoun. 1. Putting the right person on the job with the correct tools and equipment. 2. Having a standardized method of doing the job. 2. How mightRead MorePrinciples of Management1306 Words   |  6 Pagesthere for a little over a year, I wanted to ask these questions. Not to see how different managers felt about specific employees, but to get an overall view of how their jobs as managers directly affected each and everyone s job performance. Management is a science of how an individual works with a group of people, oversees their performance, and tries to effectively and efficiently get them to exceed the goals set forth by the company. It is a science that has guidelines and rules to followRead MorePrinciple of Management1397 Words   |  6 Pagesdecision-making: 1) Persuasive Democratic Management The leader will makes the decision first and then convinces the employees that he or she has made the right decision. 2) Consultative Democratic Management   It is involved in group decision-making and leadership to make the final decision. Autocratic Style Autocratic style is means one individual has the authority to make all important decisions for a group or people. There are two types of autocratic management: 1) Directive autocrat Directive

Contract Law †Intention to Oontract Free Essays

Contract Law 1 Intention to Create Legal Relations In order for a contract to be valid there must be intention to create legal relations. Enright notes ‘the requirement of intention to create legal relations is a final doorkeeper in contract. It determines which agreements supported by consideration shall be covered by contract law and which shall merely be morally binding. We will write a custom essay sample on Contract Law – Intention to Oontract or any similar topic only for you Order Now ’ This requirement was expressly stated for the first time in Heilbut, Symons Co V Buckleton. Friel notes that important as there are a great many agreements and arrangements that, though possessing many of the characteristics of contract, probably are not intended to attract legal consequences. Intention to be legally bound operates on the basis of presumptions. The test for intention is objective. The court will impute intention to create legal relations to the parties on the basis on external factors rather than on the workings of the parties’ minds. Intention and Presumptions There are two presumptions in this area: 1. There is a presumption that agreements between family members or friends are not intended to be legally binding. 2. There is a presumption that agreements which are made in a commercial context are intended to be legally binding. Social and Domestic Arrangements A close family of social relationship raises a presumption of lack of intention to create legal relations. The seminal case, Balfour V Balfour involved maintenance payments to be sent home to his wife while he was working abroad. The court held that agreements between husband and wife are not intended to be legally binding. The closer the blood relationship the more readily the presumption will be raised and the more distant the degree of blood relationship, the more likely the courts will infer an intention to be legally binding. This can be seen in Simpkins V Pays where an informal agreement between a landlord and his lodger, to enter into a weekly competition, held lodger entitled to share of winnings, despite landlord’s evidence that there was no intention to be legally bound. Rogers V Smith shows the same principal in Balfour V Balfour applied to other family relationships. It was held in this case that the agreement between a mother nd her son did not attract legal relations. Likewise in Mckay V Jones where a nephew had worked on his uncle’s farm for some years without payment, claimed that the uncle had promised to the farm when he died. Deale J. Ruled that it was nothing more than a statement of intention or wish by the deceased†¦.. no promise was made as the agreement was bet ween family members. In contrast to this case is McCarron V McCarron where a child worked without reward for 16 years. The child was said to have lost out more in McCarron and therefore had a greater detriment or reliance on the compensation promised. The dates between this cases may explain the different points of view. In Leahy V Rawson found that an agreement between her non-marital partner’s brother, did not attract the presumption as it only applies to the closest family kinships, such as parent and child and spouses. The courts also held the same principal in social arrangements as was shown in Hadley V Kemp. In this case the court raised the presumption that an agreement as to the sharing of songwriter’s loyalties with other members of his band (Spandau Ballet) was not intended to create legal relations. Enright notes that a degree of intimacy is required between the parties in order to raise the presumption. The issue is not of status but closeness. We can contrast Balfour with Merritt V Merritt. As in Balfour, the parties were husband and wife and the agreement concerned an allowance, yet, in Merritt, the court chose to enforce the agreement. Merritt is distinguished however, on the grounds that the husband and wife were separated, so they were not in a close relationship any longer and so the presumption of lack of intention to create legal relations could not be raise. For the same reason, and as it appears in Courtney V Courtney, a separation agreement will not attract the presumption of lack of intention to create legal relations. It is the parties’ relationship at the time of contracting which matters. That is clear from the mother-daughter case of Jones V Padavatton. In this case, the mother agreed to maintain her daughter if she came home and studied for the Bar. Over time their relationship broke down but the presumption of lack of intention to create legal relations stood because of their close relationship at the time. Rebutting the Presumption There is some authority to the effect that the courts are more likely to find that the presumption of lack of intention to create legal relations has been rebutted where one party has relied on the agreement. This is seen in Parker V Clarke, involved two couples who were close friends. The Clarks told the Parkers if they sold their cottage they could move in with them, that the Clarks would leave some of their considerable estate to the Parkers on his death. Sometime after the couple moved in they fell out and the Parkers were forced to move out. They sued the Clarks for breach of contract. Because of the parties close relationship at the time of contracting, the presumption was that it was not intended to be legally binding. However, the court found that the Parkers’ detrimental reliance on the agreement in leaving their home was a factor strong enough to rebut the presumption, and intention to create legal relations was thereby found. The party alleging that a family agreement was intended to be legally binding bears the onus of rebutting the presumption that it was not so intended. It is significant that in a family agreement was made in a business context. So, for example, an agreement made in connection with a family business, such as that between brothers, directors of the company in Snelling V John G Snelling Ltd, is unlikely to fall foul of the presumption of lack of intention to create legal relations. The words used by the parties in setting out their agreement and, in particular, the level of certainty attaching to the agreement were also important. The fact that the parties have taken time to set out their agreement with formality and precision suggests that they intended it to be legally bound. On the other hand, where an agreement is expressed in vague terms, it tends to suggest that the parties did not intend to create a legally binding agreement. This is clear from Vaughan V Vaughan. This case concerned a couple who were no longer living in amity. They had agreed that the wife could stay in the matrimonial home. However, they had not decided how long she could stay for, or on what terms. Accordingly, their agreement was so vague in its essentials that the Court could not confer intention to create legal intentions in it. Commercial Agreements Commercial agreements raise the presumption that intention to create legal relations is present. It is difficult to rebut this assumption. The burden of proof is on the party seeking to deny it and that burden, according to Edwards V Skyways, is a heavy one. Vagueness on the essential terms of the contract tends to suggest an absence of intention to create legal relations. For example, the courts will rarely be able to find intention to create legal relations in so-called sales puffs. Thus, in Lambert V Lewis, no contract arose from a manufacturer’s statement that his product was ‘foolproof’ and ‘required no maintenance’ because his statements were ‘not intended to be, nor were they, acted on as being express warranties’. A lot depends on the facts of the case at hand. In Esso Petroleum V Commissioner of Customs and Excise, a binding contract was deemed to arise from a transaction in which football tokens were offered to anyone who purchased four gallons of the plaintiff’s petrol. According to Lord Simon ‘†¦. the whole transaction took place in a setting of business relations†¦Ã¢â‚¬â„¢, the purpose of the offer being commercial: Esso wanted the public to buy its petrol. Rebutting the Presumption Cadbury Ireland Ltd V Kerry Co-Op shows how a number of factors can operate to rebut the presumption of intention to create legal relations. In this case, a clause held not intended to be legally binding despite its solemnity: it was an argument to draw up a detailed agreement, but could not be relied upon itself. Even in a commercial context, the presumption in favour of the intention to create legal relations can be dispatched by a very clear expression of lack of intention. A classic example of this is in Rose and Frank Co V Crompton Bros. In this case, the parties had agreed that the plaintiff would be permitted to distribute the defendants’ goods in the US. The agreement however contained an ‘honourable pledge clause’. The court held that the agreement could not be enforced because of this clause. The court also found the wording precise enough to rebut the presumption in Jones V Vernon’s Pools Ltd. Collective Agreements Where a trade union negotiates an agreement with an employer on behalf of its members, does this agreement attract the presumption of intention to create legal relations? In the English case of Ford Motor Co Ltd V Amalgamated Union of Engineering and Foundry Workers, it is said that the presumption in relation to collective agreements is that they are not made with the intention to create legal relations. However, Irish Law takes a contrary view, tending to favour the enforcement of collective agreements via contract. So in Ardmore Studios V Lynch, it was suggested that a collective agreement which is set out in a clear specific manner will take legal effect. The Supreme Court took up this thread in Goulding Chemicals V Bolger. For the purposes of Irish Law, it seems safe to say that collective agreements can be enforced in the same manner as any other commercial agreement and attract the presumption that the intention of legal relations is present. In O’Rourke V Talbot Ireland, Barrington J treated a collective agreement as a commercial agreement. Similarly, in King V Aer Lingus the Supreme Court took the view that some of the commitments given by Aer Lingus to its employees as part of a collective agreement were binding. A problem that continues to afflict collective agreements, however, is their characteristically vague language – the majority of collective agreements will be void for uncertainty. Letters of Intent V Letters of Comfort Enright notes that a letter of comfort is a document designed to reassure the person to whom it is provided about certain matters while stopping short of making any binding promise. A good example of the effects of a letter of comfort arose in Kleinwort Benson V Malaysia Mining Corp. Bhd. In this case, the plaintiff bank had agreed to lend money to the subsidiary of the Malaysia Mining Corporation. In the course of negotiations for the loan, the bank received a letter of comfort stating that: ‘it is policy to ensure that the business of our subsidiary is at all times in a position to meet its liabilities to you under the above arrangements. ’ Despite this reassurance, the Court of Appeal concluded that this statement did not bind the defendant. The letter was not, in fact, purporting a binding promise. It was simply stating that company’s policy, a policy that might be changed or adjusted in response to novel circumstances. It is important to note, however, that there is no concrete rule precluding a letter of comfort from giving rise to legal relations. Whether or not such letters creates a legally binding promise is a matter to to be discerned primarily from the language used. The simple fact that the words ‘letter of comfort’ have been used, while evidently relevant, may not conclusively prevent the agreement rom having legal implications. There is a lot of uncertainty in this area as in seen in the case of Wilson Smithett Cape (Sugar) Ltd V Bangladesh Sugar and Food Industries Corporation. A letter of intent, in contrast to a comfort letter, is one in which a person or company seeks to induce another entity to undertake work to incur expenditure, while denying or limiting liability to that other ent ity, often by insisting that liability turned on concluding a formal contract at a later date. In AC Controls Ltd V BBC, the court summarised the principals in relation to letters on intent. The general principal on letters of intent that seek to authorise work, materials or services pending the conclusion of a later contract is that such letters will be viewed as contracts in themselves as long as objective is present. In ERDC Group Ltd V Brunel University, the Court held that the work done prior to September had all been on the authority as set out in the series of Letters of Intent. The judge thought that the usual requirements for a contract were all there (intention to create a legal relationship, certainty, etc) and had all been there until 1 September. He therefore found that there had been a contract until then. Accordingly, ERDC was to be paid on the basis specified in the letters – the JCT rules. Conclusion It is contended that the requirement of intention to create legal intentions largely makes sense. Social and domestic agreements have the presumption as not having intention to create legal relations as there is a belief that such formalities are not required in this type of relationship. Enright notes that there are two reasons why this is employed. Firstly, if the rule were that social and domestic agreements were always legally binding, the courts might be flooded with petty disputes and the second is because it is felt that people should have the freedom to make certain types of private, personal agreements without drawing the interference of the law into their lives. It is also understood that Commercial Agreements are correct as they do have the intention to create legal relations as there is the acceptance that such formalities should be required in this type of relationship. The ways to rebut this assumption also makes sense as it can be rebutted if the essential terms of the contract are vague or if the party seeking to deny it can prove that there was no intention. Enright notes the burden of proof is on the party seeking to deny it and that burden according to Edwards V Skyways, is a heavy one. How to cite Contract Law – Intention to Oontract, Essays

Joseph Jones Essay Example

Joseph Jones Paper While some of the themes presented in Mametz Wood also appear elsewhere in Sheers poetry, I do not agree that it is key to the collection as it is not wholly typical. The most significant theme presented in Mametz Wood is the idea of loss, which is portrayed to some extent in almost all of Sheers poetry. This poem, however, is different as far as subject matter is concerned in that it deals with the loss of life during the war and the subsequent loss of national identity. Other poems in the collection are more concerned with the loss of love and the breakdown of romantic relationships, the most notable examples being Marking Time, Keyways and Valentine who explore the struggle for personal rather than collective identity. The poem which is most similar in subject matter to Mametz Wood is Joseph Jones. Mametz Wood, written as a response to the tragic Battle of the Somme, discusses the wasted young and twenty men buried in one long grave. In this poem he gives the soldiers who died a collective identity and prompts the reader to sympathise with them through the use of sinister imagery such as broken mosaic of bone and skeletons paused mid dance-macabre. Joseph Jones however, as the title of the poem suggests, remembers only one young man. While it is not made explicitly clear that he died in the war, the use of past tense of course I remember Joseph and nostalgic admiration suggests that this was the case. We will write a custom essay sample on Joseph Jones specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Joseph Jones specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Joseph Jones specifically for you FOR ONLY $16.38 $13.9/page Hire Writer In Mametz Wood their youth is conveyed through phrases such as wasted young and boots that outlasted them, evoking pity in the reader. In Joseph Jones his youth is shown through phrases such as, fifty press ups before a night out, suggesting physical strength and fitness, and crude imagery typical of young males, including, told us all how he got his red wings, which is a reference to him losing his virginity. The key difference between the poem is that Mametz Wood remembers and mourns the dead, whereas Joseph Jones admires him, describing him as a small town myth and celebrates his life. However, although the relationship between the poems is clear regarding subject matter, their style is less similar. Mametz Wood is written emotively with a great deal of natural imagery which is more typical of the collection as a whole, whereas Joseph Jones is written simplistically. While they are both in stanzas, they are presented differently upon the page and the sentence structure is also different: Joseph Jones uses short sentences and lines to create suspense whereas Mametz Wood uses long sentences.