Law Essays Land Registration Act

Law Essays Land Registration Act Land Registration Act Question one: Building that has been sub-divided into four substantial office suites. For the purpose of letting these four suites of offices, and while he is In Australia on a six month holiday, he appoints Florence as his agent and gives her full authority to enter into any agreement for these purposes. Florence then enters into the following agreements on Sebastians behalf: (i) an oral agreement granting a lease of office no.1 to Dougal for a period of three years taking effect in possession and at a monthly rent which is the market rent for that suite of offices (without taking a fine or premium for the lease); (ii) a written agreement for a lease of office no.2 to Zebedee for a period of five years taking effect in possession but at a monthly rent which is only three quarters of the market rent for the offices in question albeit in the written agreement Zebedee has covenanted not to use office no.2 for any illegal or immoral purposes. Sebastian has recently returned from Australia and is disappointed with Florences efforts. Dougal has not paid any rent for the last four months and has apparently sub-let part of office no.1 to Ermintrude. Zebedee, on the other hand, having paid monthly rent and on time, is now using office no.2 for the purpose of publishing pornographic literature. Advise Sebastian as to his remedies against Dougal, Ermintrude and Zebedee500. In order to determine if any person has any equitable or legal rights over Sebastian one has to consider if it is capable of being an equitable or legal interest. The first consideration under 1(1)(a) is that for there to be a legal interest it has to be an estate in fee simple absolute in possession and (b) A term of years absolute. The second consideration is under 1(2) which identifies only those interests which can be legal interest, which includes such examples as a legal lease of which both leases are. The first question is whether Sebastian is bound by the leases created by Florence. The first note to make is that Sebastian has allowed Florence to act as his personal representative therefore all leases that are valid are binding. All the leases could be binding with extra protection if it was a case of residential accommodation under Street v Mountford where the only circumstances are that residential accommodation is offered and accepted with exclusive possession for a term at rent, the result is a tenancy The courts will, save in exceptional circumstances; only to be concerned to inquire whether as a result of an agreement relating to residential accommodation the occupier is a lodger or a tenant.In this case it is a business tenancy; however as Florence have concluded it as a tenancy not a license then it is a legal tenancy between these the parties, unless exceptions apply. Does this tenancy hold all the protections of the law, as it would be classed as a legal estate as it is for set period of years absolute? If it is a legal estate then it should be enforceable against the world. However there is a problem when there are arrears or a clause of the tenancy is in directly violated, then it is more than likely that Sebastian is not bound. The first avenue is to determine if the tenancy breaches fall as an exception held under the Street v Mountford formula because a tenant in direct violation of a clause is an exception to this formula, as is a tenancy in arrears. These exceptional circumstances that have been defined as; occupancy under a contract for the sale of land; pursuant to an employment contract; holding of an office; the owner has no power of tenancy; there was no intention to create legal relations, e.g. family relationship or act of friendship. The sub-let to Ermitrude falls under this category though, because Dougal has no power of tenancy and Sebastian can start the eviction process. Also Dougal can be evicted on the basis that he has not paid his rent for four months and like a repossession of a house in respect to mortgages the owner can take possession through re-entry. Finally the lease that Zebedee holds has been breached through the publication of pornographic material, under contract law this would mean that the lease is breached and eviction proceedings can occur; however the question falls on whether this is a fair contract term. If the court determines it is not then the lease will stand, if it is considered fair then the lease will be breached and re-entry can occur. If Zebedees lease stands Sebastian would have to uphold the lease and seek remedy for any losses through Florence on both counts. Question two: The biggest crack in the mirror principle, upon which the system of registered land is based, is created by the interests which override. Critically evaluate this statement in the light of the Land Registration Act 2002500. The decision was made not reform overriding interests as suggested by the law commission, rather parliament decided to phase out archaic rights and create two schedules dealing with overriding interests. Schedule 1 deals with overriding interests that will remain to be binding, which includes actual occupation. Therefore it seems that problems discussed are still very real; however Schedule 3 deals with the limitations on certain overriding interests listed in Schedule 1 and one of these are the actual occupation interests. The limitations that are most important to this discussion on the interest succeeding are in respect to those where inquiry has been made and that individual has failed to disclose; and those individuals who are not in obvious occupation on careful inspection. Therefore this would cause significant problems with the cases of Chhokar, Cheshire Homes and Tizard because at the point of sale and enquiry there was no obvious proof of actual occupation. The case of Chho kar in the interests of equity may have the same outcome post-2002 as both the seller and buyer were acting fraudulently to sell the house without Mrs. Chhokars knowledge whilst she was on holiday; however under normal circumstances if the buyer was without fraudulent motive and the husband had hidden her occupation this would result in an inequity under the new law. Therefore this will cause major problems with the 2002 act and the rights of actual occupation. As well as ensuring that the law is predictable, i.e. the law is like a mirror, like cases equal like treatment and outcomes. The actual law therefore has tried to deal with the suggested changes of the Law Commission, as well as considering the problems with registering all interests. Rather the numbers of interests that override have been reduced and it provides a manner in which subsequent purchasers and creditors have not been bound. In respect to the notion of actual possession the law has been defined, whereby if possession is not apparent on a reasonable exploration of the property there is no possession. This would be interesting if one considers the case of Malory v Cheshire Homes Ltd this has caused an interesting problem, because the Court of Appeal held that there could be actual possession of vacant land; however how can one explore vacant land and find a reasonable circumstances of possession? This decision by the Court of Appeal is contrary to the LRA 2002, which was prior to its inception. The law reform has tried to balance out the problems with overriding interests, but is it enough to pro tect the buyer and those persons whom hold beneficial interest in property? The changes in respect to overriding interests have been minimal, the law reform has eliminated some of the obsolete interests but it has not properly cleared up the problem of occupiers rights. It has defined what actual occupation is but if this definition holds how would this have effected the case of Chhokar v Chhokar because Mrs Chhokar was not in physical occupation, but it would be unjust for Mr Chhokar and Mr Parmar to succeed in their unjust and fraudulent dealings; which goes against the purpose of overriding interests, which is to ensure fairness and justice. Therefore the uncertainty and confusion in this area will still be apparent and even if clarified injustices may occur. The question of clarity in the law may create uncertainty in the judicial arena, due creating injustices; therefore causing problems with the mirror principle of law. Bibliography: W. Ashburner (1933) Principles of Equity 2nd Edition, London, Butterworths Burn, 1998, Maudsley and Burns: Land Law Case and Materials 7th Edition, Butterworths Cheshire Burn (2000) The Modern Law of Real Property 16th Edition London, Butterworths R. Edwards N. Stockwell (2002) Trusts and Equity, Harlow England, Longman Goff Jones (1998) The Law of Restitution 5th Edition, London, Sweet Maxwell Hayton Marshall (1996) Commentary and Cases on the Law of Trusts and Equitable Remedies 10th Edition, London, Sweet Maxwell Heydon, Gummow Austin (1993) Cases and Materials on Equity Trusts 4th Edition, London, Butterworths Holdsworth (1974) History of English Law Vol. 17, London, Sweet Maxwell Jackson, 2003, Title by registration and concealed overriding interests: the cause and effect of antipathy to documentary proof, 119 LQR 660 Law Commission Report 271 The Lawyer, Real Estate: Land Registration Act 2002 the main changes, The Lawyer November 17th 2003, 31 Maitland (1936) Maitlands Equity 2nd Edition, Cambridge, Cambridge University Press J. Martin (2001) Hanbury and Martin: Modern Equity 16th Edition, London, Sweet Maxwell Megarry Wade (2000) The Law of Real Property 6th Edition, London, Sweet Maxwell Meagher, Gummow Lehane (1992) Equity: Doctrines Remedies 3rd Edition, London, Butterworths Parker Mellows (1998) The Modern Law of Trusts 7th Edition, London, Sweet Maxwell Pettit (1997) Equity and the Law of Trusts 8th Edition, Croyden, Butterworths Tolley Riddell, 1997, Land Law, Butterworths L. Small R. Pain, 2003, Land Registration Act 2002, JJ 78(1) Snell (2000) Principles of Equity 30th Edition, London, Sweet Maxwell D.W.M Waters (1967) The Nature of Trust Beneficiarys Interest, 45 CBR 219-283 LRA 2002: Finance and Credit Law, 2003, Land Registration Act 2002, F CL 5.8(3) HM Stationary Office, Land Registration Act 2002, Chapter 9 of Explanatory Notes, at 118 119 can be found at: [1985] AC 809

The Fatalist Essay -- Literary Analysis, Singer, Schwartz, Irony

In â€Å"The Fatalist† written by Isaac Bashevis Singer, verbal and situational irony is used to highlight Benjamin Schwartz’s (the Fatalist’s) strange views of fate and pre-destiny by pointing out the absurdity of fatalism in different ways. Verbal irony is used by certain characters to almost mock the Fatalist’s view on preordainment. Situational irony is used in â€Å"the Fatalist† by giving us a shocking ending, and ultimately reversing our original perspective on fate. Singer’s main purpose by using irony in â€Å"the Fatalist† is to contradict our previous outlook on a specific occurrence in the story and give us a totally new perspective achieved by sarcasm or just plain old incongruity between what we expect to happen and what really happens. There are many instances in â€Å"the Fatalist† that exemplify irony, but they must be broken down in order to understand their significance. The Fatalist and his controversy amongst the townspeople are introduced shortly after his arrival. He would give speeches on his beliefs about fatalism and fielded questions, complaints and retorts from his audiences. People began to be too familiar with fatalism even so that â€Å"a new word was added to the town’s vocabulary†¦everyone here (there) knows what a fatalist, even the beadle of the synagogue and the poorhouse attendant† (190). This example of verbal irony demonstrates how big of a deal Benjamin Fatalist was to the society. Even though some may have not agreed with him, he was certainly a newcomer that others were interested in. This also defines an introduction for the fatalist; we now can understand why he was welcomed and treated the way he was. The most important antagonist in â€Å"the Fatalist† is Heyele Minz. She is responsible for the majority of the v... ... end results in marriage. They evidently still despise each other, but a deal is a deal. â€Å"The Fatalist† is a story of sarcasm and irony. Verbal irony and situational irony are the playmakers in this novella, but they each play a different role in reversing our general perspective on events in â€Å"the Fatalist.† Verbal irony is used to reverse our opinions on a certain character or their actions while situational irony is used to reverse our original thoughts on the outcome of the story as a whole. Eventually all the examples of verbal irony come together to form the final result of the story, which ends up completely reversing our original perspective about the conclusion. Without a protagonist (the Fatalist) and the antagonist (Heyele), there is no possible way to lead a story to a dramatic and ironic ending. Most often, words must be spoken to change the outcome.

Euthanasia Background Essay

* What’s Euthanasia? * The Pro-Life Alliance defines it as: ‘Any action or omission intended to end the life of a patient on the grounds that his or her life is not worth living.’ * The Voluntary Euthanasia Society looks to the word’s Greek origins – ‘eu’ and ‘thanatos,’ which together mean ‘a good death’ – and say a modern definition is: ‘A good death brought about by a doctor providing drugs or an injection to bring a peaceful end to the dying process.’ * Three classes of euthanasia can be identified — passive euthanasia, physician-assisted suicide and active euthanasia — although not all groups would acknowledge them as valid terms.† * What is physician-assisted suicide/physician aid in dying? * It is descriptively accurate and carries with it no misleading connotations. * Other contributors to this volume prefer the synonymous term physician-assisted suicide because it is technically accurate, and still others prefer physician aid in dying because it is relatively neutral. * Although suicide can be considered heroic or rational depending on setting and philosophical orientation, in much American writing it is conflated with mental illness, and the term suggests the tragic self-destruction of a person who is not thinking clearly or acting rationally. Pros: * Everyone has the right to die * The right of a competent, terminally ill person to avoid excruciating pain and embrace a timely and dignified death bears the sanction of history and is implicit in the concept of ordered liberty. * The exercise of this right is as central to personal autonomy and bodily integrity as rights safeguarded by this Court’s decisions relating to marriage, family relationships, procreation, contraception, child rearing and the refusal or termination of life-saving medical treatment. * In particular, this Court’s recent decisions concerning the right to refuse medical treatment and the right to abortion instruct that a mentally competent, terminally ill person has a protected liberty interest in choosing to end intolerable suffering by bringing about his or her own death. * Patient suffering should be able to end their life. * At the Hemlock Society they get calls daily from desperate people who are looking for someone like Jack Kevorkian to end their lives, which have lost all quality. * Americans should enjoy a right guaranteed in the European Declaration of Human Rights — the right not to be forced to suffer. * It should be considered as much of a crime to make someone live that with justification does not wish to continue as it is to take life without consent. * What about palliative (end-of-life) care? * The evidence for the emotional impact of assisted dying on physicians shows that euthanasia and assisted suicide are a far cry from being ‘easier options for the caregiver’ than palliative care, as some critics of Dutch practice have suggested. * We wish to take a strong stand against the separation and opposition between euthanasia and assisted suicide, on the one hand, and palliative care, on the other, that such critics have implied. There is no ‘either-or’ with respect to these options. * Every appropriate palliative option available must be discussed with the patient and, if reasonable, tried before a request for assisted death can be accepted. * What about living wills? * Living wills can be used to refuse extraordinary, life-prolonging care and are effective in providing clear and convincing evidence that may be necessary under state statutes to refuse care after one becomes terminally ill. * A recent Pennsylvania case shows the power a living will can have. In that case, a Bucks County man was not given a feeding tube, even though his wife requested he receive one, because his living will, executed seven years prior, clearly stated that he did ‘not want tube feeding or any other artificial invasive form of nutrition. * A living will provides clear and convincing evidence of one’s wishes regarding end-of-life care. * Healthcare * Even though the various elements that make up the American healthcare system are becoming more circumspect in ensuring that money is not wasted. * The cap that marks a zero-sum healthcare system is largely absent in the United States. * Considering the way we finance healthcare in the United States, it would be hard to make a case that there is a financial imperative compelling us to adopt physician-assisted suicide in an effort to save money so that others could benefit. Cons: * There will be a slippery slope to legalized murder. * In a society as obsessed with the costs of health care and the principle of utility, the dangers of the slippery slope†¦ are far from fantasy. * Assisted suicide is a half-way house, a stop on the way to other forms of direct euthanasia, for example, for incompetent patients by advance directive or suicide in the elderly. So, too, is voluntary euthanasia a half-way house to involuntary and nonvoluntary euthanasia. * If terminating life is a benefit, the reasoning goes, why should euthanasia be limited only to those who can give consent? Why need we ask for consent? * The Hippocratic Oath and Prohibition of Killing would make it impossible. * The prohibition against killing patients†¦ stands as the first promise of self-restraint sworn to in the Hippocratic Oath, as medicine’s primary taboo: ‘I will neither give a deadly drug to anybody if asked for it, nor will I make a suggestion to this effect’. * In forswearing the giving of poison when asked for it, the Hippocratic physician rejects the view that the patient’s choice for death can make killing him right. * For the physician, at least, human life in living bodies commands respect and reverence–by its very nature. As its respectability does not depend upon human agreement or patient consent, revocation of one’s consent to live does not deprive one’s living body of respectability. * The deepest ethical principle restraining the physician’s power is not the autonomy or freedom of the patient; neither is it his own compassion or good intention. Rather, it is the dignity and mysterious power of human life itself, and therefore, also what the Oath calls the purity and holiness of life and art to which he has sworn devotion.† * There is also Government involvement in end-of-life decisions. * Cases like Schiavo’s touch on basic constitutional rights, such as the right to live and the right to due process, and consequently there could very well be a legitimate role for the federal government to play. * There’s a precedent–as a result of the highly publicized deaths of infants with disabilities in the 1980s, the federal government enacted ‘Baby Doe Legislation,’ which would withhold federal funds from hospitals that withhold lifesaving treatment from newborns based on the expectation of disability. * The medical community has to have restrictions on what it may do to people with disabilities – we’ve already seen what some members of that community are willing to do when no restrictions are in place.Healthcare spending implications will shut it down. * There would be healthcare spending implications. * Savings to governments could become a consideration. * Drugs for assisted suicide cost about $35 to $45, making them far less expensive than providing medical care. * This could fill the void from cutbacks for treatment and care with the ‘treatment’ of death.† * Social groups would also be at risk. * It must be recognized that assisted suicide and euthanasia will be practiced through the prism of social inequality and prejudice that characterizes the delivery of services in all segments of society, including health care. * Those who will be most vulnerable to abuse, error, or indifference are the poor, minorities, and those who are least educated and least empowered. * This risk does not reflect a judgment that physicians are more prejudiced or influenced by race and class than the rest of society – only that they are not exempt from the prejudices manifest in other areas of our collective life.

Conflict of Cultural Expectations

Social expectations are something every person faces. No matter one’s gender, ethnicity, or class, everyone feels pressure to behave a certain way, and I believe one of the most defining character traits is whether one chooses to conform to these social pressures or to pave his or her own path in life. Despite the existence of social norms in every culture, certain cultures hold these expectations in much higher regards than others, and breaking such social laws can have detrimental consequences.In Women of the Silk and Jasmine, we see numerous examples of societal expectations of women, as well as the different ways in which the women characters respond. This gives us insight into their individual strengths and weaknesses, specifically involving how they cope with the struggle between what they want and what is expected of them. In Women of the Silk, there is great significance placed on expectations of women, specifically in China circa 1920’s, including pressures to live a certain lifestyle and behave in an appropriate manner at all times.The differences between how women react to these pressures is first depicted by the contrast between Pei and her older sister Li. While from my modern American perspective Pei is clearly the stronger, more admirable of the two, this is quite opposite from the traditional Chinese perspective of the time. Li is a principal example of the ideal woman from the Chinese culture perspective. She is, by nature, a dutiful and submissive girl, who wishes to please others and stick to the status quo. This is evident throughout childhood, and continues as she gets older and is expected to marry.In contrast, Pei is curious by nature, always asking questions and seeking answers, despite being reprimanded frequently for doing so. Li’s passive nature and Pei’s bold, defiant manner are revealed throughout the novel, beginning with their childhood. For example, whenever the two girls play together, Pei is always t he one running ahead and then stopping to wait on her sister. Pei asks questions which Li calmly answers, and while Pei explores her surroundings, Li is content to sit still and quietly.One passage on page 19 of the text reads, â€Å"†¦Next to [Pei], she could hear Li’s even breathing and feel her calmness. Li’s hands rested quietly on her knees, while Pei’s felt the ground beside them for anything that would make the water splash. † This example depicts the dissimilarity between the two girls’ personalities and contrasts Pei’s curiosity with Li’s contentment. This difference between the sisters is significant in that it is the factor that ultimately dictates which of them their father, Pao, will decide to send to work in the silk factory.After visiting a fortune teller, who predicts that Li will get married but is unsure of Pei’s fate, Pao decides that Pei is better suited to work at the factory, as there is no guarantee of being able to marry her off and lighten the family’s financial burden. Consequently, Pei’s life is set in motion on an unusual path, and one that certainly does not conform to the standards and expectations of women at the time. Li’s subservient nature is further proven later in the novel, when she marries a much older farmer simply because she thinks it is what is expected of her.While her father does not force her to marry the farmer, she does anyway because it is what she is â€Å"supposed† to do, and she assumes it will please her family. Likewise, she still does not go back to her family when she finds out that her new husband is violent and abusive, as women are expected to be loyal to their husbands no matter what. Although this trait of being passive and obedient is considered to be a positive attribute within her culture, it is one that seems to come at a much larger price than it is worth.While Pei may not be overjoyed to be sent to the facto ry, I would consider her fate far less tragic than that of Li’s marriage to the farmer. Just as Li’s compliance stays with her as she matures out of childhood, so does Pei’s curiosity. At the silk factory, Pei asks questions primarily to Lin, who answers them with a kind of patience and willingness that Pei is not accustomed to. Pei’s impulsive nature is exposed once again when she decides, on a whim, that she wants to go through the hair dressing ceremony with Lin.Pei and Li’s mother, Yu-sung, grew up in a family that allowed her to forego social expectations for women and instead encouraged her lively spirit and curiosity. However, when she marries, she faces much heavier social pressure to become quiet and submissive. Rather than refusing to conform to these expectations, she adapts to the fullest extent. Now, as we see by her obedience to Pao, her entire disposition has changed drastically since her childhood. Yu-sung never states her thoughts if they conflict with those of her husband.For example, although she does not necessarily agree that Pei should be sent to work, she would never utter a single word of protest, especially to Pao. While in our culture it is expected that a married couple make important decisions together, Yu-sung does not get involved in any critical family decisions throughout the novel, no matter how strongly she feels. This isn’t to say she is apathetic by any means, as it is revealed upon Pei’s return how much she truly cares.However, it does show the high priority she places on fulfilling her roles as a woman and a wife properly and in the way anticipated of her. Another example of a character that, like Pei, refuses to conform to social norms and expectations is Auntie Yee’s daughter, Chen Ling. Chen Ling is portrayed as a charismatic leader among the girls at the silk factory, and it is made evident that she lives according to her own expectations of herself rather than pr essure she feels from others and/or society in general.For example, Chen Ling is the first to decide to go through a hair dressing ceremony, clearly showing that she likes to pave her own path in life rather than taking a trail someone else has already paved. For this reason, although Chen Ling is not a particularly sociable character, she captures my respect and admiration throughout the novel. The intensity of the pressure placed on women in this culture is difficult to comprehend in this day and age. However, the character in the novel that helps me develop a better understanding of the true force behind these pressures is Mei-li.Mei-li faces her family’s expectation of her to marry the man they chose for her, whether love exists between the two or not. She also faces society’s expectations, which dictate that sex outside of marriage is inexcusable. All of the stress and weight of these pressures are what ultimately drive Mei-li to commit suicide. In this instance, it seems to me that Mei-li’s actions are less representative of her own character, but rather say more about the society as a whole.Her suicide calls attention to the injustice in the existence of such extreme pressure and inequality that is capable of causing someone to end their own life. In Jasmine, the main character, Jasmine, shows characteristics of both strength and weakness. The expectations she faces are somewhat different between the Indian background she comes from and the American culture circa 1980’s in which she becomes immersed, and she handles them in different ways as well. The first time we see Jasmine refusing to follow the â€Å"gender rules† of society is when she kills Half Face in chapter 17 of the novel.She mentions that this is not her first time being raped; it has happened on many other accounts before. However, this time, rather than act in a submissive manner again as one would expect of an Indian woman, especially one so badly frigh tened, Jasmine loses control of her calm facade and brutally kills her rapist, referred to as Half Face. The second instance I notice in which Jasmine is nonconforming in regards to social norms is when she stays at the house of the Vadhera family.Rather than keeping her thoughts to herself, she takes matters into her own hands and is open about being unhappy there, which ultimately leads to her moving to New York. If she had not made anyone else aware of her depressed feelings, Jasmine would have stayed true to her role as a traditional Indian woman, at the expense of her true hopes and dreams. In contrast to these examples and to what we had learned throughout the book of Jasmine’s somewhat rebellious nature, one might argue that she â€Å"settles† when moves to Iowa and stays with Bud.Although she is not in love with Bud, she stays at first because he is good to her and because she feels pity for him. However, when Taylor shows up to bring her back with him, Jasmine ’s true colors shine through again, as she is unwilling to refuse herself happiness to convenience others or satisfy their expectations of her. While it may be mistaken as selfishness that leads her to behave this way, I think of it more as a strength. Jasmine is able to claim her own life by refusing to conform to the social expectations of her Indian culture or of American ulture. While characters from these two novels approach societal expectations in different manners, I think the same is true in every culture. There will always be a large contrast between those who go after what they want and refuse to be deterred by social pressure versus those who would rather fold to authority and please everyone around them. While there are assets to be found in both types of women, it is the â€Å"Chen Ling’s† and â€Å"Jasmine’s† that the world seems to remember and adore.Everyone has fears, and when we see someone able to throw fear to the wind and beha ve as they wish rather than as they believe they should, it is hard not to admire that person. From my perspective, people like Jasmine, Pei, and Chen Ling, who chase happiness and refuse to abide by social dictations, should not be ashamed in the least. Rather, those such as Li and Yu-sung, who conform to their roles so completely that they deny themselves of happiness in the process, need to learn their self-worth and realize that they are smart and capable of thinking for themselves.

Mary Shelley Gothic Horror and Science-Fiction †Frankenstein Essay

Mary Shelley Gothic Horror and Science-Fiction – Frankenstein Essay Free Online Research Papers Mary Shelley Gothic Horror and Science-Fiction Frankenstein Essay Background: Mary Shelley’s life was surrounded with death as Mary Shelley’s mother died just ten days after giving birth to her. Her own daughter died within two weeks of birth. Then Mary’s husband drowned when he took a boat out to sea in a storm even though he could not swim. These deaths may be the reason why Mary Shelley became intrigued in bringing the dead back to life. In 1818 Mary Shelley wrote Frankenstein (Although the novel was written in 1818, it was only in 1831 in the third revised edition that Mary Shelley put her name to it as female authors weren’t credited as male authors were.), a Gothic Horror novel also incorporating themes of Science-Fiction, In this essay therefore I will explore how Mary Shelley portraits her skills as a writer of both Gothic Horror and Science-Fiction. Chapter 5 of the novel was originally intended as a short story to be entered into a ghost story competition. In order to stand a chance of winning Mary Shelley had to hook the reader within the first few paragraphs of reading. She does this by shrouding the reader in mystery as to what is going on and throwing the reader into a vivid description of the monster without explanation. As the novel was originally intended for as a ‘ghost story’, the horror theme is explicit. I previously described the novel as vivid and explicit, this can be traced back to what Mary Shelley described as a ‘waking nightmare’, which originally sparked the idea for the novel. The Gothic Horror theme draws many parallels to the Science-Fiction; both are surrounded by mystery and unrealism. Some themes of Gothic Horror can be: Darkness, the supernatural, pathetic fallacy mystery. Often upon hearing the term Science-Fiction, vast spaceships and brightly coloured stars immediately come to mind, where as on the contrary Science-Fiction is simply exploring the realm of the unknown. Firstly, I will explore the setting for the scene in the opening paragraphs of chapter 5; including the use of pathetic fallacy. This is used variously throughout the novel, showing foreshadowing events of which are yet to come. The mood of the scene reflects the weather in the scene. The scene is set â€Å"on a dreary night of November† (note this shows evidence of the start of the novel as Mary Shelley does not write, ‘two months later’ or ‘the next day’). Overall, the scene is set as a dark and dreary night with heavy rain; the only light is dim candle light. This makes any given description partially shadowed or not completely known, keeping the reader in some mystery as to descriptor as a whole, a theme of both Gothic Horror and of Science-Fiction. The description Mary Shelley gives is once again vivid, â€Å"his yellow skin scarcely covered the work of his muscles arteries beneath†. This description is very important as the novel soon comes to a turning point where the novel is told from the ‘monsters’ perspective. This is because many people will envision what is going on through their minds eye, therefore for the reader to follow exactly how Mary Shelley created the monster, they need this description. This furthers to my next point; Mary Shelley’s description of the monster, this is obvious evidence of the Gothic Horror theme while in a less subtle tone part of the Sci-Fi theme. The monster is a supernatural being, beyond the realms of realism, a element in both themes. Where as the description its self is purely Horror. At the time of writing Sci-Fi was seen in a different perspective to today. The monster sparked revolutionary fear and then a lot less unreal than it would be seen today. This brings me on to my penultimate point; why did Victor create the monster? Mary Shelley partially based the novel on the Greek myth of Prometheus (there is also a Roman/Latin myth of Prometheus). Mary Shelley subtitled Frankenstein, â€Å"The Modern Prometheus†. One common is element is that both of their ambitions were to benefit mankind. Prometheus’s goal was to better mankind by providing them fire from the heavens, Zeus then punished Prometheus by fixing him to a rock and each day a predatory bird came to devour his liver. Where as Victor believed his research could create an ultimate and powerful being, which he considered would help mankind, which later turned on him and killed all of this loved ones. When Victor looks back at what he had created towards the end of the novel, he regrets bringing the monster into the world. In conclusion, the novel, when it was first published was seen as a unique as well as horrific. Mary Shelley wrote the novel from several different perspective giving a vast insight into many characters feelings and emotions. The viewpoint of the monster is intriguing as the reader will feel sympathy towards the monster only to be reminded of what he actually is. Victor Frankenstein wanted to better mankind and in turn helped corrupt it, this plays on the readers sympathy as he tries to do good, he becomes obsessed with his work, as everything around him falls and everyone he cares about disappears. Mary Shelley’s skills as a writer of both Gothic Horror and of Science-Fiction create a whole new way of thinking which has sparked into many authors writing similar pieces. 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Leadership Essay Example | Topics and Well Written Essays - 4500 words - 2

Leadership - Essay Example During any change there is resistance to change by the employees. Managing change requires leadership and leadership during mergers and acquisitions can be challenging. Mergers and acquisitions (M&A) are seen as long-term strategic orientation of the firm and not a one-time business tactic for short-term goals (Lin, Hung & Li, 2006). Industry consolidation and privatization, and the liberalization of economies are the most significant factors that have fueled M&A at the international level. They continue to be a popular form of corporate development and industry and firm specific factors finally govern the reason and the purpose of the mergers and acquisitions. M&As are ‘among the most important strategic decisions companies ever make’ (cited by Duncan & Mtar, 2006). However, there are many instances when M&As have failed even when the mergers take place between firms within the industry. One such example is the merger of Daimler-Chrysler – two giant automobile companies – that was supposed to be a merger of equals. Covin, Kolenko, Sightler & Tudor (1997) find that leadership style impacts post merger satisfaction and tha t leadership should be a key consideration for mergers. This heightens the importance and the role of a leader during the change management when mergers take place. Since our organization is planning a cross-border merger, it is essential to plan and implement change. While both managers and leaders are necessary for a healthy organization, leadership differs from management. While management is the "mental and physical effort to coordinate diverse activities to achieve desired results", leadership is defined as "natural and learned ability, skill, and personal characteristics to conduct interpersonal relations which influence people to take desired actions" (Handbook for Excellence, n.d.). "You lead people; you manage things" is how John Pejza expresses the difference between the two in this book. Through

The culture of Wegnans Essay Example | Topics and Well Written Essays - 750 words

The culture of Wegnans - Essay Example Wegmans has practiced selecting their employees according to their interest and genuine commitment for their field of endeavor. Through sharing a common passion, employees are maintained and developed with appropriate motivation and incentives that contributed to a verly low turnover; manifesting employees’ satisfaction on their jobs. By providing them with ample motivation through compensation benefits and with recognition of performance, the employees’ personal and professsional needs are achieved. Then again, by according them with opportunities for professional growth and development through training programs, employees regard their career with Megmans as worthy and rewarding. In return, employees exhibit exemplary performance through manifesting increased productivity that reverberates to the positive attitute towards workes, customers, and other stakeholders. The crucial role that motivation plays in their organizational culture has enabled them to achieve leaders hip and recognition as one of Fortune’s Best Companies to work for in 2009 (Chapter 16: Cultivating Organizational Culture n.d., p. ___). 2. ... 1). By recognizing that the success of the organization highly depends on its human resources, Wegmans has embodied the ideals and philosphies disclosed in their five statements that explain who the company is about: â€Å"(1) We care about the well-being and success of every person: (2) High standards are a way of life. We pursue excellence in everything we do; (3) We make a difference in every community we serve; (4) We respect and listen to our people; and (5) We empower our people to make decisions that improve their work and benefit our customers and our company† (Wegmans: About Us, 2011, p. 1). Through the years, from one generation to the other, Wegmans has sustained their culture through imbibing these ideals to the people who rose from ranks within the organizational hierarchy. Since Wegmans exhibited a very low turnover, it means that the employees have been loyal to the organization and their training and development program enabled them to assume higher responsibil ities through promotions and being recognized for exemplary performance. These people continue to exhibit and manifest the values that were promoted by the incorporators and their children through the years. The proof that Wegmans has continued to exhibit the culture of satisfying their people is being recognized for the 13th time in Fortune’s Best Companies to work where the award has been given â€Å"very year starting in 1998 through 2010. The company ranked 1st in 2005 and ranked #3 in 2010† (Wegmans: Awards, 2011, par. 4). 3. What are some threats to sustaining Wegmans’ culture? How can these be overcome? Since Wegmans has been exhibiting exemplary performance over the years through sustaining organizational