Condition Precedent

Condition precedent exists when a situation or circumstance has to be achieved, or action needs to be taken in order for one of the other party’s side of the contract to be considered valid. An example of this situation may be Joe offering to sell his car to Jim, as long as Jim can provide say, proof of insurance and a driver’s license. Assuming Jim has a driver’s license and has/can obtain auto insurance, the two parties can move forward. Joe will have agreed to sell the car to Jim. On the other hand, should Jim be incapable or unwilling to provide a license and insurance, Joe is not obligated to sell the car to Jim. In the case mentioned in the text, health insurance is often provided depending on a potential client’s current physical condition. In other words, insurance protect themselves from covering individuals who may be what they consider to be a liability. This example is a clear cut demonstration of how the insurance company protects its own assets by â€Å"conditions precedent†(Clarkson, Miller & Cross, 2011). Conditions subsequent strikes me as a bit more abstract of a concept than condition precedent, by virtue of its inherently negative nature. Put another way, one party’s obligation may be terminated based on the failure of the second party to maintain it’s side of the contract. As it applies to employment, and as was mentioned within the text, an employer may agree to enter into a contract with an employee so long as the employee maintains his or her license to practice (i. e. perform a task to the company’s benefit). In a situation where the employee fails to maintain his/her end of the agreement (loses license, fails to maintain condition, etc. the company is no longer under contract to continue employing that individual (Clarkson, Miller & Cross, 2011). The benefit lies largely with the company-protecting its own assets, as it would not be beneficial to have a lawyer on staff incapable of maintaining a license to practice law. On the other hand, the employee may be able to see a definite benefit as well. He or she knows that the position is hers as long as she meets and maintains her side of the co ntract. Lastly, concurrent conditions, strike me as being the most common conditions we’re likely to come across. They occur in many everyday transactions with businesses by their very nature; which is that duties or actions be met simultaneously between both parties in order for a contract to be valid. In most business transactions, at retail or otherwise, occur when the consumer offers to provide money in exchange for a good or service. The service provider may perform the task and send an invoice, or merchant may agree to sell the product with a promise to pay (such as with credit cards, checks, and credit account) later. But in most cases, the item is given to the consumer once payment is received and payment usually immediately follows a service.

Media studies coursework for John Steinbeck’s “Of Mice and Men” Essay

We are doing a study of the opening sequence on the novel â€Å"Of Mice and Men†, and the subsequent two films (1995 version, and the 1989 version) on the Novel. The author of the novel is John Ernst Steinbeck, who shares the exact same name as his father. His father was an observer of nature and the natural world, and taught the young Steinbeck to respect and to be a part of nature. This love of nature from his father is incorporated in Steinbeck’s opening sequence of the book, where he describes in great detail the opening beside the Salinas River, this causes a calm and tranquil feeling for the reader and draw him straight into the book. Steinbeck was born and raised in Salinas in California and bases his book around both that area and in the time he was writing it, which was during the American depression in the 1930’s. The opening sequence of the book is set a few miles south of Soldad, in the Salinas river. The Salinas river is a peace full and tranquil place with lots of vegetation and wildlife and gives a very slow and calm start to the book. Steinbeck indicates that it is a spring evening of a hot day, and judging by the two men’s clothes it is sometime in the early 1900’s but he does not indicate exactly what period in the early 1900’s they are in. We can tell they are in this period from the second paragraph when he mentions that there are â€Å"boys coming down from the ranches†. From this and the clothes they are wearing we can also tell that the two men (George and Lennie) are working class and are most likely looking for a job on the ranch near by. We can tell they are working class because before the 1940’s only poor people amd workers would wear that type of clothes, â€Å"denim trousers and denim coat†. This is because they are easy to work in, are not very hot clothes to wear, and also are very durable so they are ideal for workers. The upper class would never wear this type of clothing exactly because the workers wear it and it is not descent clothing for a respectable gentleman to be wearing. The mood set in the book is very tranquil and quiet with great detail paid on the countryside and the animals in it. This is to try and give the reader an exact picture of the scene. Some examples of this are; â€Å"the water is lined with trees-willows fresh and green with every spring, carrying in their lower leaf junctures the debris of the winter flooding; and sycamores with mottled, white, recumbent limbs and branches that arch over the pool†. Another example of this is â€Å"Evening of a hot day started the little wind to moving among the leaves. The shade climbed up the hills toward the top. On the sand-banks the rabbits sat as quietly as little grey, sculpture stones.† In the first paragraph Steinbeck describes the noises and the imprints that have been left in the opening from the animals over many years, â€Å"On the sandy bank under the trees the leaves lie deep and so crisp that a lizard makes a great skittering noise as he runs through them†. And with â€Å"the damp flats are covered with the night tracks of ‘coons, and with the spread pads of dogs from the ranches, and with the split-wedged tracks of deer that come to drink in the dark â€Å". The second paragraph describes how the pool is a popular place for many people and the path has been worn down by human use: â€Å"path beaten hard by boys coming down from the ranch to swim in the deep pool†. The path is also popular with Tramps who want to â€Å"jungle-up near water†. The Characters involved in the opening sequence are called Lennie and George. Lennie seems to be rather dumb and not very observant by the fact that wen his partner (George) stopped right in front of him Lennie carried on walking and â€Å"nearly ran him over†. Lennie does not think of his own safety and needs George to guide him so he can say out of trouble and in good health. He proves this by drinking out of the filthy water from the pool witch is described as being green, witch shows it is not running water. He drank â€Å"with long gulps, snorting into the water like a horse†. Lennie listens to George obediently like a little child, and follows his every command and movement. He again shows his child like behaviour and naivety when he moves his fingers in the water and makes little rings, he immediately shares his excitement with George as he wants him to look, because he is proud of what he has done; â€Å"look George look what I done† he calls to him. We also have the picture of Lennie not being very bright from his physical appearance and the way that he walks. Lennie is described to have a â€Å"shapeless face† witch show lack of emotions and thought witch in turn is linked his lack of intelligence. The way it he walks also show either tiredness or again lack of intelligence â€Å"dragging his feet a little† and the way his arms move like pendulums. Steinbeck relates how he walks he walks to a bear meaning, this because he is saying he is big and strong, or because he has very little intelligence and does not think at all or he might be relating the bear to both his strength and his intelligence. George on the other hand is more intelligent than Lennie and seems to be the leader out of the two them. We get the idea that George is the leader by the fact that they are walking in single file and George is leading, this also gives us at first glance the impression that they might not be friends because usually friends walk next to each other not behind one another. We see a bit later on that this is not true and that George was probably just looking out for Lennie from the fact that he tries to stop Lennie drinking from the dirty pool â€Å"‘Lennie!’ he said sharply. ‘Lennie for God’s sakes don’t drink so much† this shows that he cares for him and doesn’t want Lennie to get sick. George’s appearance is more defined than Lennie’s with â€Å"small, strong hands, slender arms, a thin bony nose.† He is also described as being quick, this could probably means that he is more intelligent but it could also mean that his movement is quick. The genre of the novel is a real life drama. I have come to this conclusion because all the facts in opening sequence are all possible in real life, all the scenery is realistic the animals and the people are all realistic. There are only a few clues to what the story will be like. The clues that we have are that the clearing that George and Lennie are in is near to a ranch because it says in the book that boys come down from it to swim in the pool. We also think that George and Lennie are workers from the cloths they are wearing, so it is perfectly feasible that they are two travelling men looking for work on a nearby ranch. If this is true it would also account for the theme of the book. The 1995 film of â€Å"Of Mice and Men† opens with white credits on a black background and slow starting music. The music repeats itself over and over in a pattern while increasing in volume, this gives the effect that something dramatic or scary is going to happen and this makes the reader feel anticipation of what is going to happen next. After a while the music dies down and gives way to the sound effects of a train moving. The background also changes from totally black to black with white strips of light shining through, this gives the effect of a carriage door on a train. We are now sure that this scene is set on a moving train, but we still have no indication of where it is going or where it has come from. So far there is only a slight indication of the period of time we are in at this point of the film. This is the train because it is a steam train witch indicate to us that this is most likely before the 1970’s and after the 1880’s because this is around a bout the time that steam trains were used. The first glimpse we get of any of the character is when the camera slowly fades into a close-up shot of George lit only from the tiny beams of light coming from the slits in the carriage door. George is not moving at all and his face seems contorted and morose, showing us that he is in deep thought about something bad that has happened in the past, we can also assume now that he is on the train because he is running away from whatever has happened. The next scene strikes you very strongly because it is set in the middle of the day in a lush field witch looks like America. Running towards the camera there is a woman in a bright red dress with tears running down her eyes and obvious signs of distress on her face, her dress has also been ripped as though she has been attacked. This scene has been shot at a slower frame rate to indicate that it is actually George reliving previous events that have happened. The girl running towards the camera showing that she is running away from something, and towards safety. As the Woman runs closer to the camera the shot pans out across the field showing some men working in a field near by. As the women runs towards the men she starts waving and pointing to the direction she has just come from, The men drop their tools and run towards her. All this indicates that something very serious has happened to the Girl. The Men workings in the field have no machinery witch is also an indication of the pe riod we are in. There are three main atmospheres established in the opening sequence of this film these (in order of happening) are; anxiety, fear, and peacefulness. The anxiety is felt at the beginning when you hear the music getting louder and louder and the white on black background, and when you see George for the first time. The first time you feel fear is when you see the girl running through the field towards the workers with the tears running down her face and the rips in her dress. Then there is a small moment of heightened suspense when we see the two friends George and Lennie running away. We feel this way because the music has suddenly stopped and there is only the slight sound of their feet hitting the ground as they run. We go back to the emotion of utter fear and anxiety as we fear for the two men’s lives as they are running away from huge packs of dogs and a posy of men on horse back with guns. Suddenly everything goes quiet as George and Lennie hide in an irrigation ditch while they wait for the chasing posy to pass by. This jump for the loud roaring of feet, horse shoes, and loud barking from the dogs to the quiet gives a feeling of fear and anxiety but it also gives a sense of peace, as you can hear the wind rustling in the wind, the grasshoppers croaking in the distance, and the shallow breathing of the men in the water. The sub characters in the video are workers on a ranch we can tell this from the clothes they are wearing and the fact that they are working on the field when we see them. We can also assume that the main characters George and Lennie are also workers because they were wearing the same clothes as the workers. George seems to be the leader out of the two as he keeps giving instructions to Lennie as they are running away from the workers such as â€Å"keep moving† and â€Å"get down†. He also says it in a reasonably friendly tone showing that he is looking after both himself and Lennie. He doesn’t not sound like he is just trying to save himself and he is stuck with Lennie. Lennie on the other hand doesn’t seem to be that worried because he doesn’t realise in what danger they are in. This is shown when Lennie stops running at one point and comments on the dogs that are chasing him. Lennie does not seem that clever either mainly because he doesn’ t realise what danger he is in, he also seems to be dragging his feet and his speech seems impaired. The clues we have to the story line of the film are the men working on the field, the clothes the men are wearing and their accents, and also the chase seen when George and Lennie are being chased. The story could be about two working men trying to find work while being chased by the law because of some crime they committed and that is why they were running away. This will also be the theme of the film if it is true. The genre of the film so far looks like a western real life drama because of the accents of the men, the time in which this is set in and the fact that everything that has happened could happen in real life in that era. The 1989 video at first glance just looks like another low budget spin of a great book and actually seems like it holds no information at first glance. But if you look at it again you see it does actually hold a lot of information just like the other film did even though the budget was obviously not as big and it was shot 6 years earlier. There is though a large area of the end of the sequence of this video, which is actually totally made up, this includes adding Aunt Clara to the story which in actual fact has died many years ago in the book and in the other film. I feel adding this character holds no relevance to the book and there is no meaning to add her. The 1995 video on the other hand even though the director had rearranged the order in which the scenes appear he did not add any other characters to the story line. By the clothes George and Lennie, what appears to be the sheriff, and Aunt Clara are wearing, and also the style of housing you can tell they are in America in the early 1900’s. There is also Gospel music playing in the background when George and Lennie enter Aunt Clara’s house and there is also a gramophone in the room near the doorway. The clues given as to what the story will be like is George and Lennie running away from the law, George helping Lennie get away and keeping him quiet when they are in the field by coping his hand over Lennie’s mouth. Other clues to what the story will be like is Aunt Clara’s house and herself, George and Lennie could be running away from the law for some reason and going to live with Aunt Clara to lay low for a bit. Another main clue to the story is the music witch is very much like the music in western films with cowboys and Indians this and the contrasting clothes that the pursuers are wearing makes us think this is going to be a western film. From all this we cam also say that the theme of this video will be that of a western with two men on the run from the law. There is very little tension in this film and everything is taken very lightly and almost like a game. This is because the music is very happy with a jumpy rhythm and also a more cowboy style tune, the pursuers have no guns drawn and they seem to be in hurry to catch them and seem to give up very easily. George and Lennie also don’t seem to be in a great hurry to get away and there is no sense of fear in their face when we see the close-up shots, because of this it seems almost like they are playing a game in the fields with a couple of friends, like little kids do. The Genre of this video seems to be a real life western drama. I have come to this conclusion because of everything that has happened could happen in real life and because the pursuers seem to be wearing western type clothes and because of the very strong western music. This time both Lennie and George do no seem that bright both from their appearance and from the way they acted and behaved. Both of them look very scruffy instead of just Lennie and they both have this very deep western accent that is associated with intellectually challenged people. George even though his appearance and his voice is the definite leader out of the two, we are shown this when he tells Lennie what to do and when he cups his hand over Lennie’s mouth to keep him quiet. Another sign that George is the leader is that when they are in Aunt Clara’s house Lennie repeats every word they say. In resent years we have seen the decline of book reading because there has been a vast increase in the standard of T.V quality. The person being entertained does not have to think any more, to picture the scene in his head and so doesn’t have to concentrate so hard. This is why many people just watch T.V these days instead of reading a book. They find it more relaxing, they are almost sleeping there mind and body are asleep this is also why you get addicted to the T.V because your body finds another way to replenish it energy without sleeping. T.V lowers your imagination though, and your concentration span because your brain doesn’t think while watching T.V but while it is reading a book it is constantly thinking and imagining possibilities of what the scene will look like and the characters. I honestly prefer after a had days work to sit in front of the television and just relax a bit. But if I am just bored and I want some entertainment I will open my book and read for couple of hours. My preferred sequence is that of the books because it gives you an exact idea of the scenery and the people while also giving you room to imagine for yourself what they look like. I also enjoyed a lot the 1995 version because it brings a lot of tension and anxiety into the film witch is the opposite to what you feel in the book. This tension and anxiety raises your adrenaline and gives you a enjoyable and on the edge of you seat experience.

Assignment Example | Topics and Well Written Essays - 250 words - 243

Assignment Example A dollar can be strong or it can be weak. A strong dollar helps the export sector of countries around the world. A strong dollar is good when inflation is not a problem. Conversely, a weaker currency increases the purchasing power of the Americans. A strong dollar is a disadvantage to the policy makers. However the US benefits from a strong dollar because it does not depend on exports. The countries whose economies are not strong as compared to the US lose when the dollar becomes strong. This means that their currency is losing value. In conclusion, a floating exchange rate is the exchange rate where the currency is set by the forces of demand and supply. These forces are in the foreign exchange market. The floating exchange rate change freely and are determined in the forex market. There is a managed float currency exchange system. This system unlike the later is subject to interventions by the monetary authorities. It is not dependent on the forces of demand and supply. The government may have set objectives that it wants to achieve and it interferes with the forces of demand and supply in the managed float currency exchange system. (Devereux,

Group dynamics working in teams (apply Belbins Theory) Essay

Group dynamics working in teams (apply Belbins Theory) - Essay Example s are effectively performed at the Community Stroke Team such that both Nursing Occupational Therapist and Physiotherapist play various different roles. Nursing Occupational Therapists play the roles of resource investigator, coordinator and monitor-evaluator. Being a resource investigator, he/she seeks out the issues which are causing problems to the patients and he/she searches for resources as how to help out and treat those patients. Being a coordinator, he/she coordinates with other team member in providing the appropriate treatment to the patients. As a monitor-evaluator, he/she keeps monitoring the condition of the patients as well as evaluating the performance of other team members. According to Charles Handy’s theory of organizational culture, the culture of Community Stroke Team comes under the role culture. In this culture, the nature of jobs of the team members is not so dynamic and the effectiveness of the performance of the overall team lies on the efforts of every individual working under this team. NHS Leeds Community Healthcare, 2012. Community Stroke Team. [online] Available at: [Accessed 19 February

Comic spirit- new comedy Essay Example | Topics and Well Written Essays - 1250 words

Comic spirit- new comedy - Essay Example This influenced later comedy till the present day, â€Å"from Romans to Shakespeare to the West End and Broadway† (Perks 76). Roman playwrights Plautus and Terence employed ‘New Comedy’ in their work, as did Shakespeare in his Comedy of Errors. ‘New Comedy’ deals with a transfer of power from the older to the younger generation. In Terence’s The Self-Tormentor, Machiavelli’s La Mandragola, and Stephen Sondheim’s A Funny Thing Happened on the Way to the Forum, male sexuality and virility are central to the comic plot, and there is a focus on the power shift. Thesis Statement: The purpose of this paper is to investigate the shift in power from the older to the younger generation in ‘New Comedy’ portrayed in the Self-Tormentor, La Mandragola, and A Funny Thing Happened on the Way to the Forum. How these plays exploit male sexuality for comic purposes will be identified, and why male sexuality plays such a key role in the ‘New Comedy’ form will be examined. In Terence’s Heauton Timoroumenos (The Self-Tormentor) which was derived from Menander’s play of the same name, a wealthy youth Clinia develops a long-term, monogamous liaison with the young woman Antiphila, as evident from the following line, â€Å"almost now that he has her in the place of a wife† [prope iam ut pro uxorehaeret] (Rosivach 61). When Clinia’s father hears about the affair, he rebukes his son so strongly for his irresponsible actions, that the young man leaves Athens to become a mercenary serving a foreign king. His determination to make something of himself, echoes his father’s pursuit of success in his own youth (Rosivach 61). But, after compelling his son Clinia in love with Antiphila to go to the war area, the stern father Menedemus repents for his harshness, and torments himself mentally. Terence’s humour â€Å"arises from the

Degrading Women In Ads Essay Example | Topics and Well Written Essays - 2000 words

Degrading Women In Ads - Essay Example Most Americans spends larger percentage of the day viewing TV advertisements. The advertisements sell an extensive number than brands. Advertisements sell messages, reputation, morals, images and achievements, personal worth, sexuality, affection, prominence and status quo. In addition, they inform people about themselves and their ideal character and sometimes, ads sell addiction. The critical objective of media is to bring viewer to marketers, the same way TV shows deliver commercial to viewers. In efforts to fulfill their objectives, ads, magazines and other commercials oppress women. The paper seeks to investigate how advertising commercial degrades women in their work. Discussion Various feminist and other scholars assert than diverse television commercials, magazines, newspapers, and other media outlets are degrading and disrespectful to female body because they hyper-sexualize women, or portray women as sex objects or a weaker sex. Advertisements influence people thoughts and emotions such as adolescents who are mostly vulnerable because they are weak and inexperienced clients, and the main targets of various ads. Teenagers are in the learning stage – realizing the responsibilities and values and building self-concept, (Skinner, 2003). Various adolescents are increasingly sensitive to adverse influence and experiences some challenges to resist and question the powerful cultural messages reflected and reinforced in these advertisements. Advertisements are a form of national peer influence that ruin privacy and personal standards and values of women. The main message people learn for media advertisements and commercials are stereotypes about men and wo men. Advertisements create an imaginary environments where by people (women) are never obese, ugly, poor or disabled. Advertisements portray women in different degrading roles (as sex objects and house helps). As homemakers, women are pathologically preoccupied by hygiene, debates the virtues of product cleaning with herself and minds of the ring on the collar. Women feel guilty of being ugly and for not making a better mother or wife. Similarly, this advertisement portrays a typical woman as long-legged, slender and tender, (Gunter, 2002). All attractive females in magazines (such as minority females), irrespective of viewer and products, correspond to this principle. Consequently, women are mainly pressurized to copy this idea, and feel guilty and worthless if they fail. Such advertisements degrade women because they instill in them a notion that their lovability, desirability and beauty lies on their physical perfection. In Kellog’s PEP Vitamin paper, the advertisement por trays a degrading image of a woman. The advertisement heading proclaims, â€Å"The more a woman works, the cutter (beautiful) she appears.† The message from the images is that the secret of a woman’s beauty lies on her housekeeping prowess, (Skinner, 2003). The husband exclaims, â€Å"Gosh honey, you are better on cooking, hygiene and house dusting.† Similarly, the female body answers, â€Å"Vitamin.† The woman always get vitamins for the husband – this implies she must fulfill a man’s ego desires to achieve her beauty. Sexuality of women is utilized to market all market brands. For instance, products of men, to appeal sexually to a woman and entice men to purchase products and for women advertisements attracts men so as to reconsider their images as they read the advertisements and watch a TV commercial. Various magazines entail advertisements and images where females are assured that live, breathe and work to satisfy the male

Compare and contrast music Essay Example | Topics and Well Written Essays - 1000 words

Compare and contrast music - Essay Example This "Compare and contrast music" outlines the comparison of JS Bach’s Brandenburg Concerto 4 (First Movement – Allegro) and Joseph Haydn’s London Symphony (No.104 First Movement). The most obvious difference between the two pieces is their musical style. JS Bach’s music is synonymous with the Baroque style, with a high contrapuntal texture. The parallel melody lines are tightly and finely woven in Bach’s music. This is evident in the first allegro of Brandenburg Concerto 4. The Brandenburg Concertos contain an assortment of pieces with varying styles. Some were courtly dances like the first concerto, whereas some others invoke a poignant romance like the sixth concerto. Concerto 4 is full of zestfulness and vivacity, particularly the Allegro. It contains many of typical features of Bach’s music, namely, precisely constructed harmonies, harmonic progression, polyphony and intricate part writing. The six concertos as a whole were conceived as experimentation in form. Conventionally the concerto forms identified a solo lead instrument and the other instruments were assigned the status of accompaniments. Such an arrangement is mostly evident in the works of two eminent contemporaries of Bach – George Frideric Handel and Antonio Vivaldi. But unlike Handel or Vivaldi, the musical texture of Bach is such that the distinction between ‘main’ and ‘accompanying’ instruments is constantly challenged. This is deduced from the fact that each melody line can exist on its own accord – they stand as perfectly whole compositions. ... But unlike Handel or Vivaldi, the musical texture of Bach is such that the distinction between ‘main’ and ‘accompanying’ instruments is constantly challenged. (Kanny 2013) This is deduced from the fact that each melody line can exist on its own accord – they stand as perfectly whole compositions. When two such melodies were brought to harmony the music takes on an altogether new dimension. To express in common parlance the sum is much greater than the parts. The greatness of Bach lies in the fact that the parts are themselves complete and rich. This is very much the case in the Allegro of Brandenburg Concerto 4. Here, the flute and two Oboes work in counterpoint to the other, producing a rich and finely knit texture. The other feature of the Allegro in Brandenburg Concerto 4 is its beautifully crafted alternations of tempo. Joseph Haydn is the father of the Symphony. He popularized this form and made it his own. His more than 100 Symphonies composed o ver his lifetime stand testimony to this fact. The piece being perused for this comparative analysis is the first movement of his London Symphony (No.104). The instruments for which it is scored include two flutes, two clarinets in A, two bassoons, two horns in D and G. There are also two trumpets in D to go along with timpani and strings. The introduction begins with strings at a slow yet grandiose fashion, alternating between solemn and triumphant moods. Then the only theme of the movement is introduced. The strings play the dominant role in the theme, which is later transposed in A Major to the woodwinds. This is followed by a codetta. Later the theme is developed again with variation. The theme which was first expressed in D