Compare and contrast two articles Essay

The articles that I am going to analyse are on the issue of a group of hippies wanting to celebrate the Summer Solstice Festival in June 1986 in Hampshire and how determined police officers were trying to stop them from doing so. Whilst both articles are based on the same issue, their use of language presents two very different viewpoints. Article 3 has a very negative bias against the hippies, describing them as ‘harpies’ and giving biased examples of their attitude towards the police and other people’s property. In the article they are portrayed as ‘harpies’ that spit at policemen. The reader is given the view that the hippies are not civilised and behave like wild animals. Article 4 shows great support towards the hippies and sympathises with them. This is done by using emotive language to create an image of the hippies as victims in society and they are treated badly by an uncaring police force. Both articles use persuasive language to draw the reader’s attention. The clever use of personal pronouns: ‘our’ and ‘we’ in article 3 gives the reader no option but to involve himself in the issue, therefore taking the side of the journalist. In contrast, article 4 does not use negative bias towards the hippies and regards them as poor and lonely people who should be given a chance in human society. The journalist writes his opening word: ‘HUNCHED’ in capital letters and starts the article off with a very strong word, which creates a strong dramatic effect, implying that the hippies are a lower creed of human society who deserve pity and understanding. In article 3 the journalist uses words such as ‘spoiled,’ ‘layabouts’ to produce a very negative bias against the hippies, who, as the sarcastic journalist believes, use and abuse other people’s property. The phrase ‘all at our expense, of course’ is also used to imply that the readers and writer are law-abiding citizens who pay the bill for the situation created. The sympathetic descriptive language used in article 4 such as, ‘child stumbled’ and ‘burrowed deeper into the blanket’ immediately draws the reader into a sympathetic frame of mind. The powerful use of the rhetorical question and the even more moving sub-heading, ‘confusion’ start the article and shows how the writer has opted to persuade the reader’s views to give the hippies a chance. Emotive language in the last sentence reinforces the journalist’s argument that the hippies are on a ‘road of rejection’ because no one has a care in the world towards them. The use of capital letters in the phrase ‘the Child and The Man With Nowhere to Go’ emphasizes the course that the hippies are forced to take and draws the reader’s attention to the fact that these people are nameless makes us aware that they don’t even have the same sense of identity that a name offers to a reader. Article 3 is full of opinions that include the reader, eg. ‘We continue to dole out state benefits to lawbreakers’. The use of ‘dole out’ makes the reader aware of how much money is actually used, or in the view of the writer: wasted on ‘lawbreakers’ these hippies who continue to go against the law but still receive benefits. This creates an image of people who don’t work and still can live, because of their money. This persuades the readers to agree with the journalist’s comments. The article is a follow-on article; it follows an article written earlier on in the week on the same issue. It goes as far as to refer to a newspaper report that social security employs special staff to wander around the country servicing these vagabonds (trampy style robbers who are homeless). This reinforces the opinion that people are needed just to look after these hippies because of their uncertain behaviour. In the fifth paragraph the journalist takes it into his own hands to reply for the policeman, but he does this unfairly (in my opinion) and uses a lot of opinion rather than being fair and using facts. The writers use of ‘resisted the provocation’ implies that the policeman would have intentionally chosen to provoke the hippies but had to resist the temptation to do so. His use of the rhetorical question to end his article invites the reader to give his/her opinion on the issue. Article 4 uses extremely descriptive words to create a vivid image in the mind of the reader. The story about the hippie and the boy only being able to find a dog to generate some form of love and care, immediately implies the saying ‘a dog is a man’s best friend’ the writer intends for the reader to feel guilty. The emotive language draws the reader into the article. The use of the phrase ‘hunched against the wind’ implies not only that the hippies are vulnerable and homeless, but even a natural source like the wind is against them. The involvement of a child in the article immediately produces a sympathetic response from the readers. ‘Land that had briefly been his home’ informs us that they’re homeless and live wherever they can survive. The journalist of article 4 doesn’t give any evidence or use any media sources, as article 3 did. This is probably because of the sympathetic view he has opted to take. Use of ‘confusion’ and ’empty pockets’ tells us that poverty does occur and people around us do struggle to survive the harsh real world. The policeman’s image is defined as ‘impassive’ and implies that he does not care. The use of the word ‘towering’ says that the policeman is of more importance than the hippie and has authority. This is a very sharp contrast to the ‘HUNCHED’ image of the child at the start of the article and shows there is a massive leap from a hippie to a policeman. In paragraph five the repetition of ‘the only’ implies that the hippies value any sort of affection or care shown towards them. A Labrador, a dog, which is regarded as a man’s best friend, insults the adults of society because adults who are supposed to be a mature and sensible group within society can’t help each other and a pet can be better than people sometimes. ‘A confused child, a ragged, hope-crushed man and a friendly old dog,’ the poor and scared descriptions given to the hippies in this sentence reinforces the lifestyles they lead. The final statement ‘All on the Road of Rejection’ reinforces the whole article. These two articles differ and take opposing, but valid views on the issue at stake. Both journalists have used persuasive techniques to manipulate and influence their readers. Both their techniques vary and both journalists write to get a point across. I would like to end my analysis by giving my opinion on this issue. In general I feel both journalists have given valid views on the issue. The journalists make it clear that they have different attitudes and feelings towards the hippies. They are two very well thought-out and clever articles that involve the reader. I thought the techniques used by the journalists are quite clever. I think one of the reasons that the articles were written was to get the readers involved in this particular argument. This was the aim, and I think that both the journalists succeeded in doing so.

Haefren Baum Essay

Haefren Baum is an independent home furnishings retailer associated with Wiegandt that sells high quality furniture. The company began as a partnership in 1965. Haefren Baum became a retailer for Wiegandt in 1968. Two years later, it became a corporate entity. Haefren Baum is located in Cologne, which is one of the most populated and rich cities in Germany. Haefren retails home furnishing from a location downtown Cologne, and three recently constructed stores in Rhineland. Marketing Analysis Located in downtown Cologne Haefren Baum is a high quality retailer, which recently expanded its operations by opening three retail outlet stores in nearby Rhineland suburban areas. The company carries Wiegandt’s high quality furniture whose furniture is heavily advertised. Since the economic condition has not been steady and new competitors are entering the market Haefren Baum had to decrease its prices in order to maintain sales volume, these challenges (competition, economy) caused a decrease in sales by (-21%) between 93,94, a decrease of( -1.24% )between 94,95. Haefren Baum’s products reflect cyclical demand because others seasons did not cause a decline in sales, but instead the economy and competition. The German recession has slowly been improving, but it has not helped the furniture market, and the future does not look very promising for Haefren since they will need to adapt to the growing competition also. Overall, Haefren market position seems to be improving , sales growth will get better but I cannot say that the company will be successful in the future. Operations Analysis Wiegandt provided its retails distributors’ credit on 2% 10 net 30 terms, which is consistent with competitors in the industry. Haefren Baum upper limit on outstanding balances were established on historical furniture order, and they had a limits of DM 60,000. Although the sales of the company have declined significantly their cost of goods sold has remained really high, between 94, 95. There was decline in sales and an increase in cost of  goods sold from $8,189 to $8,237. This is evidence the company is having problems making profit. Haefren needs to address is the delinquency of their customers’ accounts, from 93 to 95, days sales outstanding have increased to 77 days, which is a lot higher than the 30-day monthly installment terms. The company is not stringent in collection efforts but this can be because of the economic condition in Germany. The company does not manage its assets very well. Its decrease in fix asset turnover from 6.98 in 1993 to 5.39 in 1995 can be because of their decrease in sales, but the low total asset turnover which is also decreasing from 2.1 to 1.5 prove that their assets are not being used very efficiently. Since sales are decreasing and competition increases their inventory days has also increased from 103 to 129 which again could cause low price. The company is already experiencing a loss of revenue due to the fact they lowered price because of economic condition. Financial Analysis The company have generated very low operating cash flows, which is caused by a negative net income(16, 55) in 94,95, again with sales going down and cost of goods sold increasing. The company current ratio (2.3, 2.1, 2.5) in 93, 94, 95 are indicating satisfactory but when analyze quick ratio (1.1, 1.1, 1.3), and we also know that sales are down which mean more inventories. Now the account payable days has been increasing (49, 62, and 66). They have been delaying there payment which mean more cash on hand but cost of goods sold is also increasing from $8,189 to $8,237 meaning the cost of increasing APD may be less than the cost of paying that cash earlier and having to borrow the shortfall to continue operations. The gross profit margin is decreasing (36% to 34, 33) and we also know sales been dropping significantly from 93 to 95 this shows that the company cannot control cost inventories and to pass along price increase through sales to customers. The operating profit margin is also dropping significantly from (5.1%, 1.8, and 1.5) we can definitely see that the firm is not efficient. The company has not improved its operating margin; apparently the company was not able to control the growth of operating expenses while sale is decreasing. Net profit margin is decreasing and negative this is because of decreasing sales, poor customer experience, inadequate expense management and also  because of the hardship in German economy. If we analyses cash flow margin it is (-0.01, 0.02), the company is not able to translate sales into cash. The company’s ROE is declining (-1.4 ), it signals that customers are no longer willing to pay for its products as they were in the past. It could be because new competition or economic condition. ROA is also declining (1.6, -1.5 ) again this mean profitability is deteriorating, with cash flow from operating activities declining and total asset increasing, the company is not showing any sign of cash generating abilities. With total liabilities going up for years 93 to 95 (6914, 7786, and 7887) and equity with negative retained earnings, the company is financing with debt, specifically with account payable, note payable. The company takes longer to pay their creditor, paying high interest rates. Since operating earnings are not more than sufficient to cover the fixed charges associated with debt, the company relies on financial leverage. The company is showing a riskier capital structure since debt equity ratio is (5.8, 9, and 8). Both the profit margin and the asset turnover are lower in (93, 94, and 95). The combination of increased debt (financial leverage) and the improvement in profitability did not occur and asset utilization has not produced an improved overall return in 94 relative to the previous years. Specifically, the firm has added debt to finance capital asset. Debt carries more risk and added cost in the form of interest expense, it also has the positive benefit of financial leverage when employed successfully, which is could be the case for Haefren. There was no improvement in inventory management and has impacted the firm negatively and showing no improvement to total asset turnover ratio. The company’s ability to control operating costs while sales decrease during economic condition has not improved the net profit margin. The overall return on investment is not improving as a result of these combined factors. Summary The findings from the analysis of Haefren financial statements can be summarized from an industry outlook; company’s well-positioned geographically but economy hardship make it difficult to benefit from expected economic and industry growth. The company has aggressive marketing and expansion strategies. There was no recent improvement in management of accounts receivable and inventory. The company did not successfully use of  financial leverage and solid coverage of debt service requirements. Substantially sales dropped significantly, partially resulting from market competition and economic condition. The company did not increased profitability in 1994 or positive generation of cash flow from operations. In general, the outlook for the company could be promising. Haefren appears to be in credit risk with attractive investment potential. The management of inventories, cost controls, and receivable will play an important to the company future success.

Is Making Gay Marriage Legal A Good Thing - 1851 Words

Jesse Hernandez English 1320 Stevie Edwards Edwards February 15, 2017 Annotated Bibliography Was making gay marriage legal a good thing? Gay marriage, now this topic is talked about pretty much everyday somewhere on the news on whether or not this is a good or bad thing that it’s legal. Now although no one can change this law, people still voice their opinions, now I’m all for gay marriage, it doesn t hurt or harm anyone. The way I see it is if it doesn t affect me, then it wont bother me and it shouldn t bother anyone. If you were to ask literally anyone, 9 times out of 10 they ll say that they support the legalization of gay marriage. There are a lot of reasons to why I believe this law was a great movement to legalize, for one it†¦show more content†¦Lastly, in the same article, Obergefell quotes â€Å"Our Love Is Equal,† which is exactly my next point on how now everyone is equal no matter if you like boys, girls, or the same sex. Now everyone can be happier knowing that they can get married and not have to worry about it being legal or not, because now it’s accepted in all 50 states and can finally be in peace with themselves. Now, marriage is simply between two partners of different sex or same sex and for majority of people its a way of showing both their true love and responsibility on why they re the chosen one in a sense. However, society doesn t like to hear the part of two people getting married of the same sex, which again is bizarre to me because why does it matter, it has nothing to do with you. Gay marriage is a plus in my opinion for America, because it ll show that we are the only place that allows all its states to do such thing and show why we are the dominant force in the world. This law that was passed in the United States has started a chain movement by allowing other countries to pass the same law like Canada, France, Brazil, Ireland, etc. In the U.S. Constitution is states that â€Å"All men are created equal,† and marriages of same sex can finally feel this way of being equal again. That’s how it should be for everyone, equal is makes society and everythingShow MoreRelatedSame Sex Marriage Should Be Legal1144 Words   |  5 PagesGay Marriage There are many issues the revolve around same-sex marriage. Many issues like: Whether same-sex should be legalized and should there be an amendment on same-sex marriage? There are multiple side to view this, but gay marriage but in my opinion gay marriage is socially accepted. it should be legal and it does affect American teens in a broad spectrum of ways. There have been a lot of issues on whether or not same-sex marriage should be legal or not. According to Burns, â€Å" The unionRead MoreGay Marriage Should Be Legal1434 Words   |  6 PagesGay marriage has slowly become a significant factor amongst individuals of today’s society. On June 26, 2015, it was ruled out by the U.S. Supreme Court that gay marriage was now legal. The first thing that I thought was that â€Å"Wasn’t it already legal in the United States?† Well, apparently no it has not been legalized in the United States! (Dumb me.) The U.S. is known to be a nation of equality and gives everyone the freedom of the speech, but it is actually a nation full of racism, sexism, and homophobiasRead MoreSame-Sex Marriage Issues Controversies Essay example1180 Words   |  5 Pagesnamed gay marriage â€Å"one of the key struggles of our time†. According to the website â€Å"ProCon.org† as of January 6th 2014, 17 states have taken the plunge and legalized same-sex marriage. Marriage is â€Å"one of the basic civil rights of man†. Yet, we are still waiting on 66% of our nation to do the right thing and legalize gay marriage. The ban on gay marriage has deprived gay, lesbian, and bisexuals of many benefits that come with being married. Also, it has been proved that banning gay marriage createdRead MoreBenefits Of Same Sex Marriage1687 Words   |  7 PagesBenefit of homosexual Marriage in the U.S.A How do we look at the gay marriage? Did they have freedom in the U.S? What are their rights? In 1958, the supreme court of the United States said they can’t support gay marriage. Through this journey from that time until now, American change a lot of rules for the gay marriage as a legal protection against discrimination, they can marry in at least seventeen states and adopt children (Walter Frank 1).In additional they can get married at most in 36 states(StewartRead MoreGay Marriage : A Negative Effect On Society And How The Government Deals With It957 Words   |  4 PagesCarlos Ulloa Political Science 3346 Professor Chounlamountry November 29 2015 Gay Marriage My topic is about gay marriage and how is really has a negative effect on society and how the government deals with it. As society and our government goes through changes people of certain groups don’t really let us move on and develop as a nation of diversity. These people have a name and they belong to the cultural lag group which doesn’t let us move forward because for there way of thinking By having theRead MoreAdvantages of Same Sex Marriage1678 Words   |  7 PagesAdvantages of Same Sex Marriage 1. Denying them is a violation of religious freedom (civil and religious marriages are two separate institutions). The main reason for denying marriage to gay couples is that all major religions consider homosexuality a sin; however, the First Amendment of the Constitution clearly states that a persons religious views or lack thereof must be protected. Marriage by the state is a secular activity; the government cannot start making laws just because a religion saysRead MoreThe Unconstitutionality of Banning Gay Marriage Essay1594 Words   |  7 PagesBanning gay marriage across the United States is directly against the constitution and violates the unalienable right to life, liberty, and the pursuit of happiness. The scumbags in the government however, make almost impossible to pass these laws for homosexual individuals. 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It wasn’t until the advent of Christianity that the practice of same sex marriage was out-lawed by the emperors Constantius II and Constans in 342 AD and has continued to be through-out most of the world until the twenty-first century (Boswell 83). With the advent of gay rights movement

New Article Reveals the Low Down on Amazing Persuasive Essay Topics and Why You Must Take Action Today

New Article Reveals the Low Down on Amazing Persuasive Essay Topics and Why You Must Take Action Today What You Must Know About Amazing Persuasive Essay Topics For instance, you could possibly be asked to compose a persuasive essay on the usage of marijuana for medical purposes in the usa. Possessing the very best informative speech essay ideas is insufficient. While it can be hard to select from such a selection of persuasive speech topics, think of which of the above you've got the most knowledge of and can argue your opinion on. Possessing excellent research abilities and selecting a great topic is important. The 30-Second Trick for Amazing Persuasive Essay Topics There's, naturally, a limit on the range of pages even our finest writers can produce with a pressing deadline, but usually, we can satisfy all the clients seeking urgent assistance. It's best in the event you choose a topic in which you get a genuine interest in as you'll be doing plenty of research on it and if it's something which you take pleasure in the procedure will be significantly easier and more enjoyable. Bear in mind that you're attempting to make your audience except a completely new vision of the issue. The audience ought to be anticipating the solution' of the issue. The New Angle On Amazing Persuasive Essay Topics Just Released Persuasive writing is extremely typical in actual life. Persuasive papers (also referred to as argumentative essays) are possibly the most important academic projects you'll learn how to write. In general, you can observe that writing a persuasive essay isn't a brain surgery. Just comply with the guidelines stated above, and you're going to be well on your way to writing a very good persuasive essay. What is Really Going on with Amazing Persuasive Essay Topics Inspiration to make your own advertising or media argumentative essay topics isn't difficult to discover. Books never ought to be banned. There are many Persuasive Essay Topics th at may be used as the most important subject for research. Presentation is extremely important. You don't need to find super technical with legal argumentative essays, but remember to do your homework on what the present laws about your favorite topic actually say. A wide assortment of unique topics confuses students which topic to select. A few of the topics also fall into other categories and we've posed the topics as questions so that they are easily adapted into statements to fit your own viewpoint. Needless to say, topics which are still relevant in 2018 are the very best. The Amazing Persuasive Essay Topics Stories There are several persuasive essay topics to select from to finish your high school or college assignment. College papers ask students to produce arguments. Do you think elementary and higher school students ought to be permitted to use cell. School tests aren't effective. The Fight Against Amazing Persuasive Essay Topics Persuasive essay writing isn't easy guaranteed. Weave in your perspective to turn your essay unique. Sample persuasive essays can also give inspiration on topics to write on in addition to serve as examples about how to compose your essay. They share a great deal of resemblance with argumentative essays. Your thesis is easily the most important sentence in your persuasive essay. The intention of the essay is to select an argument and attempt to persuade the reader to adopt it. It will be simpler that you compose a decent persuasive essay if it's a subject in which you have knowledge. Having selected a fantastic topic to argue about, at this point you will need to make an argumentative essay outline. The thesis will provide you with a guideline about how to go about with writing the essay. If you're thinking about how to compose a persuasive essay, you must know that writing an essay is a complicated process. Hopefully, now you know what things to do when it has to do with writing a persuasive essay. Argumentative essays show a more balanced view of the problem and discuss either side. Try to remember, persuasive essay topics don't need to be politically correct all the moment, they may be controversial. The simplest approach to decide on a persuasive essay topic is to explore a present issue. It's important to select debatable argumentative essay topics as you need opposing points you can counter to your own points. The cost of an essay depends upon the total amount of effort the writer has to exert. Don't neglect to bring a strong hook at the beginning (introduction paragraph) and wind up with an impressive conclusion to earn the reader want to go over the interesting persuasive essay topics of your selection. Whenever you have chosen an intriguing subject, you ought to do a research and gather evidence to back up your viewpoint. Still, figuring out the very best topic for your essay isn't your only concern for a student. Thus, a speech should be organized. A persuasive speech resembles a difficult challenge for many students. Finishing a great persuasive speech takes time and energy.

Graduation Speech A Multicultural Class - 1596 Words

I. Background This third grade is a multicultural class, students are coming from different countries, such as Italy, Saudi Arabia, Mexico, Colombia, el Salvador and Argentina. Too often, students are misinformed and misguided about peer’s background and, this has been provoked some differences in the classroom that the teacher many times doesn t know how to handle it. Sharing of many cultures can become difficult especially in early ages. Children have learned from home their own culture, the culture they live with, and these children are between 8 and 9 years old, which can make the understanding of culture differences more difficult, especially when parents reinforce this attitudes toward people of different culture. The observer could identify that students speak with other students of the same race, but is evident the little friendship between students who do not share the same race. The day of the observation the students were in the social studies class, learning ab out the rural, suburban and urban region of the United States. The teacher starts reading and is interrupted by a student, that for his physical appearance and his accent seems to be of Hispanic descent, the teacher said to him: â€Å"before speaking raise your hand and then you can ask a question or make comment†. Right after that a white student was whispering and he and the students around him started to laugh. The teacher asked to remain in silence and respect the class, then she continuousShow MoreRelatedRhetorical Analysis Of Steve Jobs Speech848 Words   |  4 Pagesspeeches have been remembered, because of how they connect with the audience. Steve Job’s speech during the Stanford’s graduation was inspiring to many of the college graduates. Many people think in order to be successful a college degree is mandatory. Even if they do not like what they are doing. People should love what they do, and should not follow dogma. With his speech, Steve Jobâ₠¬â„¢s convinced the multicultural population at Stanford University to be prominent and to pursue their passion by relyingRead More Graduation Speech Essay1516 Words   |  7 Pageseveryone. My name is Toyota Moko, and I am an international student from Japan. As the first-ever international student speaker on commencement, I am very honored to be here tonight to be given this opportunity to speak on behalf of the graduating class of the 2003. Born and grew up in Tokyo where speaking English was absolutely absent in my eighteen years of life, one day the life-changing experience came to me. When I was fifteen-years-old, the summer of 1998, I came to America for the veryRead MoreUnlearning Liberty ( 2014 ) Essay1748 Words   |  7 PagesPresident of the Foundation for Individual Rights in Education (FIRE) asserts that violations of free speech— whether by students, faculty, or administration—will have devastating effects in greater society. Lukianoff supports his assertion by describing cases he has seen throughout his career at FIRE. From administration punishing students to professors getting fired for clearly protected speech. Lukianoff’s purpose is to point out the misguided lessons about freedom that are being taught on campusRead MoreChapter 6 : Philosophies Of Education1332 Words   |  6 Pagesexperience for social and emotional learning while striving to engage the 21st century learner in a b uilding where their development is closely considered to assist their transition to higher education and the workplace ensuring a quality education and graduation. In other words, any meaningful growth and development of any district or state must be preceded by a sound educational planning. Since education constituted an indispensable aspect of social realities of a nation, it is of cardinal importance toRead MoreReligion Issues in Public School Essay1866 Words   |  8 Pagesstructure that allows discussing differences, understand the relationship between parents and school policies and forge serve the common good in public education (Lecture 2, 2014). The following issues or inquiries are general information about the speech and religious practice in schools. These issues are based on the principles liberty of religious framed by the First Amendment to the Constitution, currently interpreted by the courts and according to accept a wide range of religious and educationalRead More Bilingual Brain Boost : The Cognitive Benefits Of Learning A Second Language Essay2178 Words   |  9 Pagesfor the most part in natural speech (Archibald et al., 2004, pg. 5-6). When an individual is conducting a formal oratory exploit, requiring obvious concentration reverse transfer is rarely noticed. Reverse transfer has both benefits and drawbacks, some literature suggests that it can help reinforce L1. A study involving Russian students learning either French, German, or English in class as a second language measured development of both L1 and L2. There were three in class learning systems studied.Read MoreThe Art of Public Speaking Chapter Study Notes 1-7 Essay1795 Words   |  8 Pagesmethod of delivery Proper posture, no vocalizing fillers for times ( uhh, urm, ehh) and avoid distracting mannerisms (hand talking) and verbal habits Developing confidence: In your speech class 40 % of people said public speaking was worst fear Everyone gets nervous at speaking, great speakers use this to help their speech Focus on transforming nervousness to one of positive nervousness ( controlled nervousness that helps energize a speaker for their presentation) Tricks to turn nervousness fromRead MoreMulticultural Education in a Pluralistic Society21691 Words   |  87 Pagesstart in life. With all of our wealth and capacity, we just can’t stand by idly. Secretary of State Colin Powell, 2000 ISBN: 0-536-29978-1 Multicultural Education in a Pluralistic Society, Seventh Edition, by Donna M. Gollnick and Philip C. Chinn. Published by Prentice-Hall/Merrill. Copyright  © 2006 by Pearson Education, Inc. Chapter 2 Class hile he was still in college, Tomas Juarez had decided he wanted to work with children from low-income families. He began his teaching careerRead MoreLatino Student Fund : Supporting Education Essay2307 Words   |  10 PagesDespite constituting the largest minority group of students in the U.S. at 13.5 percent, members of the Latino population generally have a much lower academic achievement than members of any other ethnic group (Jimenez). The national high school graduation rate for Latinos is 53.2 percent, in comparison with 74.9 percent of white students. Furthermore, the average number of years of education for male Latino students is 10.6 years in comparison to 12.2 years for African-American students and 13.3Read MoreDistrict Diversity Plan For The Bolivar D 1 School District2161 Words   |  9 Pagesthat all students attain the necessary knowledge and skills required to be a productive and responsible member of a constantly changing environment. The Bolivar R-1 School Dist rict, in partnership with the community, is committed to being a world-class school system. The Bolivar R-1 School District believes that an effective learning environment: 1) is safe and caring; 2) provides an equal opportunity for all students; 3) offers respect and dignity to students and teachers; and 4) shows an understanding

Contract Law Scenario

Questions: 1.Whether the Exclusion Clause Contained in Clause 4 of the Contract Valid, or Not?2.Whether Elizabeth is liable for the Injury to Lesley, or Not? Answers: 1.A contract is established when an exchange between two or more parties takes place, to do some specific thing, for a consideration (Kelly, Hammer and Hendy, 2014). It can be either a written or a verbal contract. In a written contract, the terms of the contract are put down on a piece of paper and signed by the contracting parties. Conversely, in verbal contract, the terms of contract are exchanged verbally (Mulcahy, 2008). In order to form a contract, it needs to have the essential elements of offer, acceptance, consideration, clarity, capacity and intention (Gibson and Fraser, 2014). As per the Parol Evidence Rule, when a written contract is formed on the basis of a verbal contract, the assumption is made that such written document covers all the points of the verbal contract. So, once a written contract is drawn, the other party cannot make a point that a part of verbal contract has not been included in the written contract (McKendrick and Liu, 2015). An exclusion clause is such a clause in the contract which has the power of restricting or limiting the rights, as well as, the liabilities of the contracting parties. In order for the exclusion clause to be valid, it has to be properly incorporated into the contract. Moreover, an exclusion clause cannot contradict the law or its applicability. The exclusion contract has to be incorporated at the time of making the contract, and if it is incorporated later on, it is invalid (Abbott, Pendlebury and Wardman, 2007). The exclusion clause has to be brought to the notice of the parties, especially against whom it is being applied. In the case of Chapelton v Barry UDC (1940) 1 KB 532, the exclusion clause was stated at the back of the ticket, and was also not brought to the notice of the party, and so, the exclusion clause was held as invalid (Roach, 2016). However, an exclusion clause will be valid, when it is contained within the contract. And a claim cannot be made that the plaintiff had not read the exclusion contract, as was established in the case of L'Estrange v Graucob [1934] 2 KB 394. In this case, the written contract was signed by the parties and hence, the exclusion clause was deemed as a part of the contract (Swarb, 2017). Application In this case, Elizabeth owed a duty of care towards the people visiting her restaurant. Elizabeth failed in making the floor anti-slippery. Since Lesley slipped on the slippery floor, and broke her legs, she was significantly injured. There was a direct causation between the floor being slippery, and the fall of Lesley. Moreover, a slippery floor is prone to such injuries, hence the harm was foreseeable. Due to presence of all these factors, Elizabeth would be held liable for negligence. Applying the case of Donoghue v Stevenson, she would have to compensate Lesley for her loss. Elizabeth has an option of raising a claim against Lesley for contributory negligence. This is because Lesley was intoxicated and was wearing high heels. This acted as a contributory factor in Lesleys injury, in the same manner as standing on the side of Lorry was for Davies in Davies v Swan Motor Co. The facts of this case are very similar to Raad v KTP Holdings Pty Ltd as Trustee for VM KTP Nguyen Family Trust as Elizabeth cannot show that she undertook any action to make the floor anti-slippery. And as per this case, the contributory negligence would only reduce the damages by a small percentage. In the given case, an offer was made Ben for purchase of Australian truffles, which was accepted by Glenn. The consideration was fixed at A$100 per kilo. The parties were clear that 5kg of Quality Australian Truffles were to be supplied each week for the price fixed. The intention was there to form legal relations and the parties had the contractual capacity, as there is nothing to suggest otherwise. So, a contract was formed between Ben and Allen after discussing it mutually. As per the Parol Evidence Rule, it is deemed that the oral communication was put down in the written contract. Upon receiving a call from Glenn, Ben was told that instead of the promised Australian truffles, the second rate Norwegian truffles would be supplied. When Ben referred to the promise made in the contract, Glenn highlighted clause 4. This clause 4 was the exclusion clause. This clause would be valid, as it was clearly inserted in the written contract and the parties had signed the contract. Moreover, it did not violate any law. Applying Chapelton v Barry UDC, the clause was within the contract and not at the back, which could have necessitated it being brought to the attention of Ben. Ben also cannot raise an issue that he had not read the clause. Applying L'Estrange v Graucob, it does not matter if the clause is read, as long as it is properly incorporated into the contract. By signing the contract, Ben not only affirmed the oral communication, but also the exclusion clause. Conclusion It can be concluded, Elizabeth is liable for the injury to Lesley due to negligence and would have to pay Lesley the damages. However, the amount of damages could be reduced marginally by a claim of contributory negligence. It is recommended to Elizabeth that in case Lesley initiates legal action against her, arising out of negligence, she should raise the counter issue of contributory negligence of Lesley to reduce the amount of damages. Moreover, she should initiate claims against Steve, for his faulty services resulting in the injury to Lesley. From this analysis, it can be concluded that exclusion clause contained in clause 4 of the contract is valid, due to it being properly incorporated into the contract. On this basis, it is recommended to Ben to take the supply being offered by Glenn or else, he would breach the contract. Further, from the next time, he should carefully read each and every term of the contract, before signing the contract. 2.A tort is considered as a civil wrong done, due to which, the actions undertaken by one party, results in a harm or injury to another party. Negligence is covered under the tort law in Australia (Latimer, 2012). When a person fails to fulfill the duty which was owed by them to some another person, and such failure results in a loss or harm to the other person, negligence occurs. To establish a case of negligence, the elements of negligence have to be present, which include the duty of care, breach of this duty and resulting loss or harm (Lambiris and Griffin, 2016). The loss or harm has to be foreseeable and there has to be a direct causation between the loss and the party being blamed, to establish negligence (Greene, 2013). A case quoted in every negligence and which forms as a base for the negligence cases, is the case of Donoghue v Stevenson [1932] UKHL 100. In this case, the bottle manufacturer, Stevenson, was held to owe the duty of care towards Donoghue, who consumed a drink from the bottle manufactured by Stevenson. Due to the snail found in this bottle, which made Donoghue very sick, the duty of care was breach and Stevenson had to compensate Donoghue for his negligence (Harvey and Marston, 2009). A defense available in negligence cases is contributory negligence, where it can be shown that the plaintiff contributed towards their injury. And in such cases, the damages are reduced by the amount of plaintiffs contributory negligence, the decision of which is based on the discretion of the court (Dongen, 2014). In the matter of In Davies v Swan Motor Co [1949] 2 KB 291, as Davies was standing on lorrys side, which was held to be a contributing factor to his injuries, the damages were reduced accordingly by the court (E-Law Resources, 2017). In the case of Raad v KTP Holdings Pty Ltd as Trustee for VM KTP Nguyen Family Trust [2016] NSW 2016 888, the plaintiff was injured after slipping on the wet tiles and sued for damages arising out of negligence of the defendant. The defendant failed in establishing that he had taken the necessary steps to keep the non-slippery and dry and hence, was held guilty of negligence. Though, due to the contributory negligence of plaintiff, the damages were reduced by 10% (Devitt, 2016). References Abbott, K., Pendlebury, N., and Wardman, K. (2007) Business Law. 8th ed. London: Thomson. Devitt, S. (2016) A slip up - shopping centre liable for slip and fall on wet tiles. [Online] Lexology. Available from: https://www.lexology.com/library/detail.aspx?g=bdcef724-3c2e-482d-9d74-540bc1a44d6c [Accessed on: 02/03/17] Dongen, E.V. (2014) Contributory Negligence: A Historical and Comparative Study. Boston: Brill Nijhoff. E-Law Resources. (2017) Davies v Swan Motor Co [1949] 2 KB 291 Court of Appeal. [Online] E-Law Resources. Available from: https://www.e-lawresources.co.uk/Davies-v-Swan-Motor-Co.php [Accessed on: 02/03/17] Gibson, A., and Fraser, D. (2014) Business Law 2014 8th ed. Melbourne: Pearson Education Australia. Greene, B. (2013) Course Notes: Tort Law. Oxon: Routledge. Harvey, B., and Marston, J. (2009) Cases and Commentary on Tort. 6th ed. New York: Oxford University Press. Kelly, D., Hammer, R., and Hendy, J. (2014) Business Law. 2nd ed. Oxon: Routledge. Lambiris, M., and Griffin, L. (2016) First Principles of Business Law 2016. Sydney: CCH. Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. McKendrick, W., and Liu, Q. (2015) Contract Law: Australian Edition. London: Palgrave Macmillan. Mulcahy, L. (2008) Contract Law in Perspective. 5th ed. Oxon: Routledge. Roach, L. (2016) Card and James' Business Law. 4th ed. Oxford: Oxford University Press. Swarb. (2017) LEstrange v F Graucob Limited: CA 1934. [Online] Swarb. Available from: https://swarb.co.uk/lestrange-v-f-graucob-limited-ca-1934/ [Accessed on: 02/03/17]

Pans Labyrinth Essay Example

Pans Labyrinth Essay Pans Labyrinth The director Guillero Del Torro uses many motifs and parallels in his film Pans Labyrinth. The most obvious parallel in the film is the parallel between the real world and the fantasy world of the character Ofelia. Both worlds are filled with danger. At any second in both of these worlds your life could be lost. Del Torro separates the real world from the fantasy world with many visual motifs. One of the visual motifs is the extreme differences in the color of the worlds. In the real world the director uses blues and green and other dark hues. The dark colors help to represent the dark realities that are taking place out side in the real world. The fantasy world is full of warmer colors such as red and gold. These warm colors help to give off a fairy tale type world and really help the audience to differentiate the two worlds. A example of the dark colors used in the real world is during the dinner of Captain Vidal. At the dinner there are many people from the community present each one is dressed in dark clothing. The dinning room is very dim and there is not very much light on the table. We will write a custom essay sample on Pans Labyrinth specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Pans Labyrinth specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Pans Labyrinth specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The dinning room of the fantasy character pale face is a example of warm colors being used in the fantasy world. In the hall of pale face there is a lot light which lights up the room. The table is very lit up and the food on it can easily be seen. Mercedes the servant and the faun from the fantasy world is also a parallel which is in the film. Both characters share many of the same characteristics. Both character are very sneaky. Both character befriend the the young girl Ofelia and both have anterior motives to what they are doing. Mercedes is working for the Captain Vidal as a servant. She washes the Captains clothing and makes him dinner. She acts as if she is his friend but in reality she is a spy for the rebels and is taking advantage of working for the Captain to send the rebels supplies and tell them important information about the Captains army. The faun persuades Ofelia that he is helping her. She thinks that he is her friend but really he is using her so that he can get back to the underworld that he belongs to. The theme of the movie is making choices and being desobidiant and going against what everyone says is right or normal. Ofelia makes many choices in the film. She makes the choice to prove that she is worthy to return to the underworld. She makes the choice to crawl in the frog hole and she made the choice to eat the grapes in Pale Faces dinning room. The biggest choice that she makes though is the choice she makes to deny the Faun and not give him her baby brother. This choice turns out to be her most important choice that she will make. A example of disobedience is Mercedes. Mercedes was disobedient to the Captain. Her disobedience put her at great risk. She had to take chances. The chances she took ended up paying off in the end when the rebels finally ended up taking out the Captain and his army. From the film one can learn the importance of taking chances and making choices. The film also teaches us about disobedience. Are desobidance puts us at risk, but is important to do what we feel is right. The film also teaches the harsh realitys of war and how it can cause men to do terrible things.