Tuesday, May 26, 2020

The Birth of Samples of Essay on a Piece of Art

The Birth of Samples of Essay on a Piece of Art The Little-Known Secrets to Samples of Essay on a Piece of Art If you discover that the writer did not provide just what you expected, request a revision, and we'll make the corrections. When reviewing a journal, it's crucial that you read the guide to come up with an extensive comprehension of the most important agenda and content. To guarantee that you will locate a complete answer to every question, we've got a support team that is always online. Based on your field of interest, our article example will offer you a good idea of the way to manage an article review. That's the reason why we must aid them in any assignment. Therefore, you will know all that is necessary. Many are highly-reputed. The Debate Over Samples of Essay on a Piece of Art Besides literary essays, we additionally have Scholarship Essay samples that it is possible to download. Together with the UK Essay Help undergraduates can't be concerned about the time but delight in a complete life. Students are made to compose critical essays on an assortment of topics. Firstly, we're a trusted resource. Our website is just one of the most appropriate for essay help. You can depend on the very best essay help online. The Samples of Essay on a Piece of Art Chronicles The very first step to writing a summary is to recognize the central subject of the write-up. The knowledge which you will get from developing a literary essay truly is something you may apply in various features of life especially in educational and literary purposes. The other intriguing characteristics of the arts were people who believed they were from individual imagination. A significant aspect of someone's life that could be changed through figuring out how to practice the aesthetics was it would help the individual to integrate the instructional design (ID) theory in finding out the compatibility which exists between the distinct aesthetic principles and variables of both distinct parts of artworks (Parrish, 2004). Samples of Essay on a Piece of Art Without novelty, a pa rt of art is simply a copy. For instance, a mosaic will not ever be the same because the artist will use hand-on materials like cutting or engraving to make an original, decorative work. You just need to research your art or part of work and discover its relevance and purpose. Criticizing a slice of work doesn't indicate that you're personally attacking its creator. It is suitable to read through art samples if you don't know the best places to begin. There are a number of different interpretations regarding what is thought of as a work of art. To define art, an individual would have in order to define the expression artist. Your on art is going to be written from scratch, and therefore you do not have to be concerned about its originality. Proportion might also be essential in a design to have a point across. A focal point is a location that first attracts the interest of the individual studying the painting. Regardless of the bright contrasting colors, the full painting appears slightly discolored, that's the consequence of aging. The element of performance or technique in art cannot be an object for forgery because technique isn't the sort of thing that may be forged. Wood gives off a feeling of warmth on account of the grain, and as a consequence of its availability to people throughout time. What is Truly Happening with Samples of Essay on a Piece of Art This is the principal portion of the essay in which you derive analysis based on your perspective. Descriptive Essay on Market can be employed by tourists or visitors that don't have any prior understanding of a marketplace. Who Else Wants to Learn About Samples of Essay on a Piece of Art? The above are a few of the great topics for an art essay. For you to be a fantastic writer, these art essay tips will be quite beneficial. 1 Art is a rather ironic villanelle poem. The art essay topics determine the sort of structure to co nstruct on. You don't have to be a writer to create a great high quality artist statement. It means no matter in which timezone you live, we'll remain able to locate an appropriate writer to handle your paper for cheap. An artist statement is important to every artist.

Tuesday, May 19, 2020

Essay on Reflexive Embodied Empathy - 9936 Words

Paper for 2005 Methods issue #4 The Humanistic Psychologist ‘Reflexive embodied empathy’: a phenomenology of participant-researcher intersubjectivity By: Linda Finlay Acknowledgements: My grateful thanks go to Scott Churchill for reminding me to return to Husserl’s work on intersubjectivity to better anchor my concept of ‘reflexive embodied empathy’. I am also indebted to Maree Burns who first drew my attention to the idea of embodied reflexivity. Address for correspondence: 29 Blenheim Terrace, Scarborough, North Yorkshire, United Kingdom, YO12 7HD Tel: + 44 1723 501833 Email: L.H.Finlay@open.ac.uk Abstract In this paper I’m advocating a research process which involves†¦show more content†¦I call this practice ‘reflexive embodied empathy’. To define and explicate this concept, I start by exploring some of the literature on empathy. There is an extensive empirical literature on empathy in the fields of neuroscience (see Thompson, 2001) and social psychology (see Davis, 1994). However, I confine my discussion here to the equally extensive (though sometimes overlooked) literature from phenomenology. Here, I draw on a range of theoretical ideas but the philosophical ideas of Husserl (1928/1989) on intersubjectivity and of Merleau-Ponty (1964/1968) on ‘embodiment as intertwining’ are particularly influential. While the focus in this literature review is on empathy, concepts related to embodiment and reflexivity are integral. The literature review is followed by an analysis of the concept of reflexive embodied empathy in practice. I use three examples of significant moments from various hermeneutic phenomenological research projects to demonstrate reflexive analysis of my own embodied, intersubjective relationships with participants. I characterize these moments of reflective involvement with the data as fluid, interpermeating ‘layers’ whereby different dimensions of experience are called to the fore. Three co-existing layers of reflexivity are described: †¢ connecting-of the Other’s embodiment to our own †¢ acting-into the Other’sShow MoreRelatedComplexity Science And Systems Thinking4544 Words   |  19 Pagesrelationships, and rejects the reductionist view that systems can be understood through the analysis of their individual parts, and instead examines the relational aspects to determine organizational patterns, predict systems behavior, and discover reflexive networks. In the figure below, Brian Castellani shows the history and intersections of complexity and systems in his interdisciplinary mapping of key figures and research areas in order to understand the overarching philosophies and applicationsRead MoreThe Independence Of Meta Cinema And Authorship4881 Words   |  20 PagesTruffaut, 1973) and 8 ? (Fellini, 1963). In order to demonstrate this, I will take in this chapter these two films together with Tout Va Bien (Godard and Gorin, 1972) as illustration. Determined by Bordwell as adversary to art cinema, the third reflexive work balances the discussion on the projection of auteurism in meta-cinema as an interrogating approach. All examples reflect the process of filmmaking and embody or question the auteurist concerns on directors? individuality and the uniqueness ofRead MoreOrganisational Theory230255 Words   |  922 Pagescomprehensive texts in the field of organization studies. It takes the reader through different perspecti ves and various topics on management and organizing, discussing these in some depth and detail. It offers a historically grounded, critical-reflexive approach to studying organizations that will prove to be extremely helpful guidance to students. Dr Sierk Ybema, Vrije Universiteit Amsterdam, The Netherlands . Organization Theory Challenges and Perspectives John McAuley Faculty of Organization

Friday, May 15, 2020

The Biggest Irony Of World War One - 869 Words

The biggest irony of World War One is the fact that it was called the â€Å"war to end all wars.† They tried, and failed, to end the very thing that they were perpetuating. War. Now wars have been fought over everything from territory to resources. But the reason that World War One happened is because of the one thing that we humans naturally generate. That thing is ideas. When two people don’t agree on something, they argue over it. When entire groups of people clash over ideas, it can mean war. There were a lot of heavy hitters involved in World War One. Nations such as Germany, Russia, Britain, and the United States. What really started the kindling for a war was the relations between two specific nations: Serbia and Austria-Hungary. Many Slavic people were living in Austria-Hungary during this time. And some Serbian fanatics were not having one bit of this. These nationalists wanted the Slavs to be a part of Serbia. They felt that the only way to accomplish this was by assassinating the man that was next in line to rule over Austria-Hungary. This man’s name was Archduke Franz Ferdinand. Surely enough the Serbs carried out their plan to kill the Archduke. This is where the kindling turned into a full blown fire. Before this talks of war were silent whispers in the wind, this was the turning point. Everyone was declaring war on each other. Austria even viewed this as Serbia’s way of trying to humiliate and demoralize them. Therefore, in response Austria-Hungar y declares warShow MoreRelatedSlaughterhouse Five Literary Analysis890 Words   |  4 Pagesthe awareness of the situation. Similarly, Kurt Vonnegut’s Slaughterhouse-Five explores this struggle between free-will and destiny, and illustrates the idea of time in order to demonstrate that there is no free-will in war; it is just destiny. Vonnegut conveys this through irony, symbolism and satire. Time concept is a complex idea that resist full understanding thus we can only percept it and determinism is a belief that is adopted by whose can percept time better than the others. In Slaughterhouse-FiveRead MoreWilfred Owen1727 Words   |  7 Pagesof war and has woven it in his poems. This in turn accentuates the message he is trying to convey-- the paradox of War. The use of this tool is most prominent in three of his poems, The Last Laugh, Arms and The Boy and Anthem for Doomed Youth. In these poems he depicts weapons as sinister, flesh-hungry savages whose only purpose is to kill. In Anthem for Doomed Youth Wilfred Owen writes and elegiac sonnet moaning the loss of innocent life. Like his other poems to one too is steeped in irony. WarRead MoreF. Scott Fitzgeralds Use of False Resresentation in The Great Gatsby1010 Words   |  4 Pagesartificially set world by Fitzgerald. However, there is another artificial world within the novel that is created by lies, pretenses, and m isunderstandings in communicating among the characters. Such false representations create artificial worlds in each character’s mind, and finally, leads into tragic ironies such as George Wilson killing Jay Gatsby after hearing the story about the accident of Myrtle’s death that was misrepresented. In this paper, I will attempt to touch upon the most crucial ironies createdRead MoreThe Nuclear Paradox1533 Words   |  7 Pagesbring about peace are also the cause for ambiguity among world nations, the hole in which millions of tax payers dollars are cast, and the heart of unease felt worldwide by those who fear their amazing destructive power in the wrong hands. The national vision of peace has been misconstrued and wrapped the Americas in a paradoxical ideology of safety that has allowed us to live in â€Å"a peace that is no peace†, trapped in the middle of a world wide â€Å"Mexican Standoff†. Even since the first atomicRead MoreAnalysis Of George Orwell s Nineteen Eighty Four 1122 Words   |  5 PagesIntroduction In Nineteen Eighty Four this dystopian world is largely conveyed through the dramatic irony in the three party slogans â€Å"WAR IS PEACE, FREEDOM IS SLAVERY, IGNORANCE IS STRENGTH† These slogans are emphasised as Winston is a man guilty of â€Å"doublethink† and clearly does not agree with the slogans that his society is forced to live by. The impact of the irony on the responder becomes stronger, as we live in a world where we dream of no war, have the right to freedom and encourage educationRead MoreThe Cold War1676 Words   |  7 PagesHistorical Context: The Cold War started by the end of the Second World War. The aim of this war was to spread opposing ideologies of Capitalism and Communism by the two world superpowers without the result of a hot war. The war was between the Capitalist West - namely: the United States of America, Britain and France – and Communist East – known to be Russia and all the satellite states which communism had taken over. An agreement made at the Yalta meeting of 1945 was that Germany would be dividedRead MoreAn Inspector Calls By J. B. Priestley1487 Words   |  6 Pagespages of the play, Birling’s speeches contain a lot of dramatic irony. For example, he confidently states what he thinks are proven facts which turn out to be false. For example, Birling’s response to rumours about a war is ‘to that I say - fiddlesticks!’ and that there ‘isn’t a change of war’. This is extremely ironic since several years after the play is set, World War I brea ks out and after that, before the play is written, World War II follows. Birling later mentions a friend of his who was dueRead MoreEssay about hamlet1684 Words   |  7 Pages Hamlet One of the most unique elements of the Hamlet character is that he is so human. Many types of readers can identify with him. Hamlet is imperfect, and he is fretful. Hamlet has human properties, and it is his humanity that I intend to explore. Indeed it is these human qualities and imperfections that make his story so tragic. Another tragic part of the play is the plays irony. Irony is an important tool in the hands of the playwright to achieve both comical and/or dramatic effect. ThereRead MoreA Critical Analysis of The Rocking-Horse Winner and The Destructors1240 Words   |  5 Pageseven puts an outward appearance of loving her children even though behind doors she does not show them any love. It is easy to see Hester as the antagonist that causes the ultimate failure of her son. The irony of the situation though, is that while Hester is trying to prove to the world how successful she is, her son is trying to prove to her how successful he can be and so that she will love him. Paul spends hours riding his rocking horse to come up with the winning horse so that heRead MoreRhetorical Analysis Of Commencement Speech1092 Words   |  5 Pagesof its intricacies. So it’s no surprise when he is invited to the University of Massachusetts at Amherst to give a commencement address to the graduating class of 2015. Dr. Tyson hopes to inspire a new generation of lifelong learners to change the world by discussing a variety of global problems ranging from education and science to politics. Dr. Tyson begins his speech by asserting that a classroom education is immensely distant to that of the real life the graduates are about to enter. After receiving

Wednesday, May 6, 2020

Analysis Of Homer s The Odyssey - 1276 Words

Arle chia Nisby Professor Parker World Literature Sept 24,2015 Telemachus: Test of maturity In Homer s heroic poem the Odyssey,Telemachus is an important character because will be the one to become king of Ithaca if his father s Odysseus does not return home. However during this time he is not only protecting his mother from a suitor s hand in marriage,but is forced to mature within a year s time. Telemachus share strong physical characteristics of his father and based of the knowledge of his the people of Ithaca , Odysseus is the best king that they have ever had. Therefore they expect the same from his son Telemachus. Sadly the two did not compare in the beginning of the odyssey, but the story quickly overturned when Telemachus†¦show more content†¦He stated. â€Å" Mother, why begrudge our singer/ entertaining us as he thinks best/ Singers are not responsible;Zeus is/who gives us what he wants to every man on earth./ †¦...Odysseus is not the only man at Troy/who did n t come home. Many other s perished./ you should go back upstairs and take care of your work./Speaking is for men, for all man, but for me / Especially, since I am the master of the house.† In the quote,you could see that his confidence level shift from a timid young man to him taking matters into his own hands. Although this was a brief gesture, it made him gain the confidence to talk to suitors. In addition, that it was short, it was the first of Telemachus speeches that will build his confidence against the suitors in an attempt to get rid of the suitors it before his father returns. Another example of why courage is more effective then maturity is because it is persuasive. Having courage comes with a voice, which is proven through tones and actions of being able to talk in front of large groups of people, along with meaning what you say. Telemachus versus Antinous show maturity does not make you a suitable for a leader. In Telemachus defense, he speaking up for his family , which shows that he is suitable to be a king. A king must protect his people, but knows that the protection of his family comes first . In this passage Telemachus is annoyed by how the suitors have treated his father home while Odysseus is out trying to

Creon as Tragic Hero of Sophocles Antigone Essay - 593 Words

There are certain qualities that a character must posses in order to qualify as a tragic hero. Ideally, the tragic hero is a person of some status, usually king. Although the fact that Antigone was part of the royal lineage, being a descendent of Oedipus, Creons position of King of Thebes suits a tragic character much more effectively. Also, at the end of the play it is customary for the tragic hero to have lost everything, to be reduced to nothing. At the end of Antigone, Creon had lost his kingdom, his son, his wife, and his will to live, but is doomed to live on in his pain. Antigone loses her life, but it was not a loss in vain, for she did accomplish what she set out to do. It is questionable as to whether Antigone was seeking martyrdom, but she certainly did become one, dying for her beliefs. The most important characteristic of the tragic hero is the tragic flaw, the one attribute that causes the inevitable downfall of the character. It is argued that Antigones tragic flaw was stubbornness. She is called stubborn in the play by Creon and also by the chorus. Yet, some would call her steadfast, rather than stubborn. A stubborn person would continue to argue even after he or she realized they were wrong. For Antigone, no such realization was made. In her own eyes, the eyes of the people, and even the eyes of the gods, Antigone was certainly in the right. Creon, on the other hand, possessed a classic flaw, hubris, or excessive pride. Because of his pride,Show MoreRelatedEssay on Creon as the Tragic Hero in Sophocles Antigone1326 Words   |  6 PagesCreon as the Tragic Hero in Antigone     Ã‚   This essay will compare two of the characters in â€Å"Antigone†, Antigone and Creon, in an effort to determine the identity of the tragic hero in this tale.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   To identify the tragic hero in Sophocles’ renowned play â€Å"Antigone†, we should first consider both the elements present in Greek tragedies and what characteristics define a tragic hero. Aristotle’s definition of tragedy is: â€Å"Tragedy is a story taking the hero from happiness to miseryRead MoreEssay on Creon as the Tragic Hero of Sophocles Antigone997 Words   |  4 PagesCreon as the Tragic Hero of Sophocles Antigone   Ã‚  Ã‚  Ã‚   Who is the true tragic hero in Sophocles Antigone?   This question has been the subject of a great debate for numerous years.   Equal arguments exist that portray Antigone as the tragic heroine in the play and Creon as the tragic hero.   Aristotle, in his study of Greek drama entitled Poetics, provided the framework that determines the tragic hero of a work.   Though Antigone definitely possesses the characteristics and qualities thatRead More Creon is the Tragic Hero in Sophocles Antigone Essay627 Words   |  3 Pages Creon is the Tragic Hero of Antigone nbsp; When the title of a play is a characters name, it is normally assumed that the character is the protagonist of the play. In Sophocles Antigone, most people probably believe Antigone to be the tragic heroine, even after they have finished watching the play. It may be argued, however, that Creon, not Antigone, is the tragic character. When we examine the nature and concept of the Greek Tragedy and what it means to be a tragic character, it becomesRead More Creon As Tragic Hero of Sophocles’ Antigone Essay836 Words   |  4 PagesCreon As Tragic Hero of Sophocles’ Antigone Since the play’s inception, there has always existed a contention concerning the true hero of Sophocles’ Antigone. It is a widely held belief that Antigone must be the main character simply because she and the drama share name. This is, of course, a very logical assumption. Certainly Sophocles must have at least meant her to be viewed as the protagonist, else he would not have given her the play’s title. Analytically speaking, however, Creon doesRead MoreEssay on Creon As The Tragic Hero Of Antigone by Sophocles781 Words   |  4 PagesCreon As The Tragic Hero Of Antigone by Sophocles Greek tragedy would not be complete with out a tragic hero. Sophocles wrote Antigone with a specific character in mind for this part. Based on Aristotle’s definition, Creon is the tragic hero of Antigone. Creon fits Aristotle’s tragic hero traits as a significant person who is faced with difficult decisions. Creon is significant because he is king. This makes him both renowned and prosperous. Creon is not completely good nor completely bad;Read MoreEssay on Creon The Tragic Hero of Sophocles Antigone723 Words   |  3 PagesCreon The Tragic Hero of Sophocles Antigone Every Greek tragedy must have a tragic hero. In Sophocle’s play, Antigone, the most tragic hero is Creon. He is an essentially good man of high position who takes pride in his role as king. He possesses the tragic flaws of excessive pride and an oversized ego. This causes the tragic reversal that leads to his emotional ruin and eventual remorse and repentance. As King of Thebes, Creon is forced to make difficult decisions. As a new ruler, he feelsRead MoreEssay about The Tragic Hero Creon in Antigone by Sophocles818 Words   |  4 PagesIn the play, Antigone by Sophocles, at first glance readers assume that Antigone is the tragic hero. However, this is not the case. Although Antigone does display some characteristics of a tragic hero, I believe that Creon is the true tragic hero. For many readers, it may be a challenge to see Creon as the tragic hero; however, when you take a second look at the play, you can see that Creon displays every quality of a tragic hero. Creon’s power and pride as well as going against the gods all leadRead More Creon as the Ideal Tragic Hero of Sophocles Antigone Essay1908 Words   |  8 PagesCreon as the Ideal Tragic Hero of Antigone Tragedy always involves human suffering, but not everyone who suffers is a Tragic Hero. According to Aristotle, there are five basic criteria that must be met for a character to be considered a Tragic Hero. Aristotle’s ideas about tragedy were recorded in his book of literacy theory titled Poetics. In it he has a great deal to say about the structure, purpose and intended effect of tragedy. His ideas have been adopted, disputed, expanded, and discussedRead MoreEssay about Creon Defines the Tragic Hero in Sophocles Antigone762 Words   |  4 PagesAntigone - Creon Defines the Tragic Hero   Ã‚   Antigone, written by Sophocles is a tale of a tragic hero who suffers with the recognition and realization of his tragic flaw. Although this short story is titled after Antigone, Creon is the main character and he provides the moral significance in the play. First, Creon withholds the respect of his citizens but it is clear to them he is not perfect through his pride (tragic flaw). Secondly, his radical reversal of fortune is made clear afterRead MoreEssay about The True Tragic Hero of Creon in Sophocles Antigone1621 Words   |  7 PagesThe True Tragic Hero of Creon in Sophocles Antigone There has always been a great debate over who is the true tragic hero in Sophocles Antigone. Many scholars would stake claim to Antigone possessing all the necessary characteristics of a true tragic hero, but many others would argue that Creon holds many qualities as well. It is hard to discount Antigone as a tragic hero, because in fact, the play bears her name, but from careful reading, Creon meets Aristotles criteria exactly and fits

Contract and Agreement Free-Sample for Students-Myassignmenthelp

Questions: 1.Paul has come to you for Advice on whether any action can be taken against Rajeev as he had signed the Registration transfer Papers. He wants to know whether he is Entitled to any Damages or Compensation Money. 2.Advise Bhanu whether Rescission Could be used as a Remedy in Resolving this Issue with Rajeev. What would you Advise Bhanu to do?3.Can Bhanu Enforce the Contract with Shane? Answers: 1.Issues Whether there is a valid contract between Rajeev and Paul? If yes, then are there any remedies that can be availed by Paul for breach of contract? Law A Contract is said to exist between parties, when the parties are in an agreement with each other and that agreement is enforceable as per law. In case the agreement cannot be enforced as per the law of land, then, the contract cannot said to be in existence between the parties. An agreement comes into existence when there is an offer made and the same is accepted. But for an agreement to be categorized as a contract there must also be intention of the parties to be in legal relation, consideration, parties must be capable of entering into contract with each other(Clark, 2010). Thus, the basic ingredients to form a contract are:(McKendrick, 2014) An offer is an intention of the person called offeror to the offeree to do some act/omission for the achievement of objective. A valid offer must be simple, clear and unambiguous and is only complete when communicated to an offeree. An offer is different from an invitation. In invitation, the offer is invited by a person and when offer is made to him, he can accept or reject them, for example, auctions, advertisements, etc (Pharmaceutical Society of Great Britain v Boots [1953]]. An acceptance is said to be complete when the offeree to whom an offer is made confirms the offer. An acceptance must be same as an offer and it must be made before withdrawal of an offer. An acceptance is complete when communicated to the offeror [Shogun Finance Ltd v Hudson[2003]. Consideration is the benefit which is given in exchange for the performance of the promise. It may be in cash or kind. The consideration can be future consideration or present but must not be past (Combe v Combe[1951]. The parties must be capable of contracting with each other i.e. they must be major and of sound mind. The intention to be in contract must be there between the parties, then only there can be a valid contract. In domestic and social relations this element is generally absent unless proved and in case of commercial transaction this element is presumed to be there unless disapproved (Shahid v Australasian College of Dermatologists[2008] FCAFC 72].(Gibson Fraser, 2013) Application of law Rajeev wanted a car. He saw an advertisement in paper. An advertisement is an invitation and thus an offer is made by Rajeev to Paul wherein he intends to buy the car and signed the registration papers and asked Paul that he will come back next day with money. This offer is accepted by Paul. But, Rajeev did not paid anything and on next day did not turned up. Thus, Paul was furious. Thus, Rajeev made an offer which is thus accepted by Paul. Both the parties have intention to bind by the terms of the offer and acceptance. Also, both are major (presumed) and are sound mind. Also, there is a valid consideration though not paid but was to be paid in future and decided at the time of execution of contract. So all the ingredients of contract are present hence there is a valid contract. Since, the contract is not comply with by Rajeev, thus, there is breach of contract. So, Paul can sue Rajeev for breach and claim damages. Conclusion Since all the ingredients of a valid contract are present hence there is a valid contract between the parties. Rajeev had breached his commitment in this case and thus he will have to pay damages and the contract can also be rescinded by Paul along with demanding damages from Rajeev and he can also sue Rajeev for specific performance of a contract. 2.Issues Whether a contract is made between Rajeev and Bhanu and if yes, the weather Rajeev has violated the contract by breaching the term? What remedies can be availed by Bhanu for breach of contract term? Law To make a contract, every offer made by the offeror must be supported by an acceptance which should be supported by consideration and the parties must have legal intention to support such contract(Latimer, 2012). When a contract is made then the parties who make the contract decide the terms of the contract. Some terms are very important and some are less important. Thus the terms are divided into two broad categories(Hodges, 2012). When the terms are the basis of any contract without which the contract cannot be performed, then, such terms are called conditions. These are soul of every contract and are the essence of the contract Poussard v Spiers(1876). If such terms are breached then the aggrieved party has the right to cancel the contract and ask the defaulting party to compensate the plaintiff for the damages sustained by him. When the terms are not the essence of the contract and which are not the heart and core of the contract, then, such terms are called warranties (Bettini v Gye(1876)). These are the supportive terms to the conditions and if these terms are not performed then the aggrieved party has the right to sue the defaulting party only for damages. The aggrieved party has no right to cancel the contract and the contract subsists. Application It is submitted that Rajeev and Bhanu entered into a contract wherein they both decided that Rajeev will take the painting of Bhanu on lease. Thus, there is an offer and acceptance that is exchanged amid the parties. Both the parties exchanged consideration and have legal intention to support the contract. Thus, there is a valid contract amid the parties. Now, one of the term upon which the painting was provided by Bhanu was that the painting must be insured. It is submitted that the paintings were rare and thus the insurance of the painting is very important and must be carried out by Rajeev. It is the core term upon which the painting was provided by Bhanu to Rajeev. Thus, it is a condition. But, this term is not performed by Rajeev. So, a condition is breached. Thus, there is a clear contract amid the parties and such contract is breached by Rajeev by non performance of an essential term. Issue 2 Since a condition is breached by Rajeev, thus, Bhanu has an option to treat the contract as rescinded and he can cancel the contract and sue Rajeev for the claim of damages and compensation for the rare paintings that are destroyed by Rajeev. Conclusion It is thus concluded that there is a contract amid Bhanu and Rajeev. Further, there is an essential term which is breached by Rajeev which has shattered the essence of the contract. so, Bhanu has every right to rescind the contract and sue Rajeev for damages. 3.Issues There are two main issues that are raised: Is there is any kind of contractual relationship that is established amid Bhanu and Shane? If yes, then whether there is contractual breach and what remedies can be availed by the aggrieved party? Law There are four main elements required to make a contract(Latimer, 2012): Offer is the first element and is initiated by an offeror. The desire to carry out any act/omission must be communicated by an offeror to an offeree, either orally, by conduct or in writing, and must receive the offeree. This communication is called offer and is normally made with the hope of approval. Acceptance is the confirmation given by an offeree to the offer that is made to him by an offeror. an acceptance should be the mirror image of the offer and must receive by an offeror in order to be complete and valid. The contract should be hold by some gain or benefit which is consideration and which makes any promises amid offeror and offeree enforceable(Clark, 2010). The parties should also hold legal intention, irrespective whether they are in domestic or commercial relationship. When all these elements are met, then a contract is made but when any one element is missing then there is breach of contract. Now, if there is breach then what are the remedies that are normally available? Some of the remedies are: Injunction In Jaggard v Sawyer(1995), it was held that when the defendant is under some act which the plaintiff wants him to stop, in such situation, he can seek the help of court for order of injunction(Andrews, 2016) Damages In State Transport Authority v Apex Quarries[1988] it was submitted that when the plaintiff wants to reinstate his position so that no loss ios caused to him then he can simply ask for damages(Kohl, 2000). Specific performance where in the plaintiff wants the defendant to do something which he is not willing to perform. This remedy is granted when providing damages is not an adequate remedy (Prince v Strange (1978).(Bryan Vann, 2012) Restitution In Bhanu Attorney General v Blake[2000] it was held that when the property of the plaintiff is wrongly held by the defendant then the remedy for restitution can be sought in order to recover property from the defendant.(Byrne, 1995) Application The law is now applied to the facts of the case. Communications took place between Bhanu and Shane wherein Bhanu decided to sell her house to Shane. Thus, there is mutual offer and acceptances of offer and acceptance. Now, these promises are supported by 10% deposit which is paid by Shane to Bhanu. So, there is consideration. both the party are ready to enter into the agreement with legal intention. Thus, all the contractual elements, that is, offer, acceptance, consideration and legal intention are present. Thus, there is contract amid the parties. Now, there is contract between Bhanu and Shane. Now, Shane has to pay the remainder 90% deposit to Bhanu in next six weeks time. But, he did not comply with his contract. Now, Shane was not complying with his contractual obligation so there is clear breach. In such situation, Bhanu can sue Shane for specific performance and damages. He can compel Shane to perform his part because if the contract is not comply with then Bhanu will face damages and thus he must also ask for damages in order to restore his position. Restitution cannot be asked for as there is no wrongful possession and injunction is not required because Bhanu wants Shane to perform something and not to restrict anything. Conclusion Since all the ingredients of a valid contract are present hence there is a valid contract between the parties. Rajeev had breached his commitment in this case and thus he will have to pay damages and the contract can also be rescinded by Paul along with demanding damages from Rajeev and he can also sue Rajeev for specific performance of a contract. It is thus concluded that there is a contract amid Bhanu and Rajeev. Further, there is an essential term which is breached by Rajeev which has shattered the essence of the contract. so, Bhanu has every right to rescind the contract and sue Rajeev for damages. Thus, there is a valid contract between Shane and Bhanu and Bhanu must ask specific performance from Shane so that he does not face any damages. Bibliography Andrews, N. (2016). Arbitration and Contract Law: Common Law Perspectives. Springer, (p. 304). Australia. Bryan, M., Vann, V. (2012). Equity and Trusts in Australia. (p. 33). Cambridge University Press. Byrne, M. (1995). Restitution and Equity. QUT Law JL. Clark, E. (2010). Cyber Law in Australia. Kluwer Law International, (pp. 432-434). Australia. Gibson, A., Fraser, D. (2013). Business Law 2014. Pearson Higher Education AU. Hodges, S. (2012). cases and Material on Marine Insurance Law. Routledge. Kohl, U. (2000). Injunctions v Damages (The Age of the Internet) old Battle of Remedies Revisited . J1LawInfoSci 12. Latimer, P. (2012). Australian Business Law. CCH Australia Limited, (p. 294). Australia. McKendrick, E. (2014). contract Law: Text, cases and Material. Oxford University Press. P, L. (2012). Australian Business Law. CCH Australia Limited. Australia. VAnn, B. . (2012). Equity and Trusts in Australia. (p. 33). Cambridge University Press. Cases Bettini v Gye(1876) QBD 183. Bhanu Attorney General v Blake[2000] UKHL 45. Combe v Combe[1951] 2 KB 215. Jaggard v Sawyer(1995). Prince v Strange (1978). Poussard v Spiers(1876) 1 QBD 410. Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401. Shahid v Australasian College of Dermatologists[2008] FCAFC 72]. State Transport Authority v Apex Quarries[1988] VicRp 26. Shogun Finance Ltd v Hudson[2003] UKHL 62

Tuesday, May 5, 2020

Nonverbal Communication in Human Interaction †MyAssignmenthelp.com

Question: Discuss about the Nonverbal Communication in Human Interaction. Answer: Introduction: Any communication that is not done in the form of words is Non-Verbal Communication. It is estimated to form 65% of the total communication. It plays an important role in the understanding and interpretation of the communication. Actions and behaviours such as silence, time taken to respond to messages, punctuality etcetera form the part of non-verbal communication. Similarly, body language is an essential part of non-verbal communication (Lunenburg 2012). Nonverbal communication of the speaker can influence the interpretation drawn by the other party. Human beings interpret nonverbal communication according to several factors such as their religion and culture etcetera. They are genetically programmed to interpret the particular expression and cues in certain manner (Knapp, Hall and Horgan 2013). According to scientific analysis, only 7% of the communication comprise of verbal communication and rest 93% comprise of nonverbal in the form of body movements, expressions, gestures, voice tone and modulation. Thus, it is clear that words one speak form very small part of the communication and thus focus shall be driven to nonverbal communication more. Thus, correct use of nonverbal communication becomes and effective tool of communicating the right message in the right way to the co-workers and managers in the workplace which shall lead to overall success of the organization. Developing good nonverbal skills shall also be beneficial for the individual for his personal and professional growth (Leathers 2015). There are endless types of nonverbal communication. Facial expression, personal distance and space, eye contact, clothing, appearance, time and physical environment are some of the aspects most relevant for business communication. It is important for business communicators to understand and interpret the body language of other communicators in proper context to derive right meaning of their nonverbal behaviour. Different people respond differently to particular stimulus depending upon their culture and skills. Business person can use his polished communication skills to influence the others in his favour(Cornelissen 2017). Personal Reflection The course on Nonverbal Communication has helped me understand various factors that shall be kept in mind while communicating with others in a business setup. With the increasing complication in working environment in the organizations, it shall help my communications in conducting myself in the most appropriate manner. This module helped me differentiate between concepts of body language and nonverbal communication, learn how to avoid misunderstandings in the communication and areas to focus on to polish my nonverbal communication skills. Learning congruence between verbal and nonverbal communication has helped me able to sync my both skills together in order to avoid putting forward a confusing message. Also that the nonverbal communication shall be believed in case of discrepancy between the two (Leathers 2015). Further, learning the various factors influencing nonverbal communication such as eyes, facial expression, various body gestures, physical space, posture, movements, physical setup and voice modulation have helped me understand their importance and their interpretations in different cultures. In some culture a higher pitch may mean confidence while in other, arrogance. So as an employee representing the company, learning this difference shall prove to be useful for me. Each of these influences communication in a variety of ways (Knapp, Hall and Horgan 2013). It is because of the topics dynamic nature, that it has caught my interest in it. The subject of nonverbal communication is said to be a still growing and unexplored study in the science of communication and management. Exploring this subject has helped me understand minute details of how human being perceive the communication which may altogether vary from the words spoken. By studying this subject further I shall be able to develop my communication to level where I shall have the command over the message I put forward which shall be aligned with my words. Application of Non Verbal Business Communication This subject of nonverbal communication shall help me in my personal as well as professional life in present as well as in the future. The learning from this module shall help me in conducting communications in my personal and professional life in a way that the results of the communications and negotiations are fruitful for me. Also decoding body language, postures, physical setup and space shall help me refrain from taking inappropriate decisions and trusting inappropriate people. Understanding facial expressions and eyes movement shall help me interpreting the emotions and the hidden intentions of the opposite party. Also understanding how one expression or a type of gaze can be interpreted in different cultures shall help me mould myself accordingly to get my way through the communication (Lunenburg 2012). Further voice modulations as per the audience, type of communication, and questions shall help me make the communication more interesting and meaningful for others. Gestures also play an important role in communication. Different cultures perceive different body movements differently. Having control over them shall help me not upset the other communicator with a wrong gesture and lose the communication and an important client or spoil a relation with colleagues. With the knowledge of gestures, I can give a message which can be different from what I actually feel. For example, in an interview, despite being nervous I can convey confidence with the help of right gestures. This shall prove to be beneficial for me. Right gestures and postures, shall help in positive communication (Leathers 2015). Further body movements such as orientation, synchronization, and touching the other person have varied influences on different people. Being cautious with them shall help me avoid any unwanted situation in personal and professional life. In this subject, I have also learnt how ones clothing and adornment either in the form of physical decoration or body modification can help me win the communication. Like, display of tattoo is inappropriate in certain professional setups while its okay in others. Similarly, physical space varies according to the person, cultures and genders (Lunenburg 2012). Concepts like environment, time and culture gives me an insight to varied ways of influencing a communication and making the most of it by doing the right things like being punctual, keeping the room at right temperature, discussing one project or multiple tasks at a time. References Cornelissen, J., 2017. Corporate communication. 5th ed. Thousand Oaks, CA: SAGE Publications. Knapp, M., Hall, J. and Horgan, T., 2013. Nonverbal communication in human interaction. 8th ed. Australia: Cengage Learning. Leathers, D., 2015. Successful nonverbal communication. 4th ed. London: Routledge. Lunenburg, F., 2012. Louder Than Words: The Hidden Power of Nonverbal Communication in the Workplace. International Journal of Scholarly Academic Intellectual Diversity, 12(1).