Tuesday, January 28, 2020
Religion In Pompeii And Herculaneum Religion Essay
Religion In Pompeii And Herculaneum Religion Essay Archaeologists in the past and today have recovered and excavated sources to reveal aspects and facts of past societies. The two main cities of Vesuvius, Pompeii and Herculaneum have undergone such excavations, enabling historians of today to reveal facts, in particularly, about religion in the cities. Religion was an important part of an individuals life in both Pompeii and Herculaneum. The religion of the time was polytheistic, meaning that the civilisation believed and worshipped spirits of the Gods. Religion was an active part of everyday life and the worship of offerings was performed in order to keep the Gods satisfied, to ensure the prosperity and safety of all aspects of ones life, and ones family. A number of sources both written and archaeological have provided todays society with facts and evidence of the household Gods and foreign cults of that civilisation. The sources and what they reveal about religion, household Gods and foreign cults, will be explained below. Most sacred, the most hallowed place on earth is the home of each and every citizen. There are his sacred heart and his household Gods, there the very centre of his worship, religion and domestic ritual Cicero. This written source clearly identifies and reveals that the citizens of Pompeii and Herculaneum were intertwined both mentally and emotionally with their religion and spirituality. Cicero describes the religion to be most sacred, revealing that religion played an important, central and significant role in the daily lives and households of an individual and their family. Not only does this source emphasise the importance of religion, but it shows its importance and passion of worship and action within the home. This is revealed through the use of the words, most hallowed place on earth. The worship and rituals of the Household Gods were central and essential within the household and home of an individual. Hence the household Gods were a major and significant aspect of religion in Pompeii and Herculaneum. Many religious practices were celebrated by citizens in their home and household shrine known as the Lararium. Larariums have been found and excavated all over Pompeii and Herculaneum, by modern archaeologists such as Guiseppe Fiorelli. Household Gods sought to save the family from any misfortune or negativity that may enter the door; a spiritual place of the home that needed to be protected by the guardian spirits (Lares) of the households, from incoming evils that may try and enter the home. A lararium excavated in the House of the Vetti, containing a wall painting of the lares (household Gods), a genius (the god of the male line of decent), the Mercury God of commerce and the Dionysus God of wine, depicts and reveals aspects and facts of such household Gods and their importance to an individual and their family. The lararium was found in the atrium, at the entrance of the house. This source is structured and built depicting the front of a temple with columns. This observation revealed to archaeologists that the source has a religious meaning. A wall painting within the infrastructure depicting a temple is an image of the spirit family of genius, Lares, household Gods and other deities. The figure on the furthest left of the image is the genius. The genius wears a toga, in purple symbolising its high ranking and importance, as its the line of male decent to the paterfamilias of the household; prospering fertility for the families continuation. On either side, the Lares o f the household are holding a drinking horn in one hand and a wine bucket in the other. The drinking horns and wine buckets symbolise the offerings of worship and praise towards the Mercury God of commerce (right) and the Dionysus God of Wine (centre).The depiction of drinking horns and wine buckets also symbolise the household prayers and worship that were led by and was a responsibility of the paterfamilias and the offerings of fruit, incense and special cakes were made at the shrine. The snakes below the Lares, which move towards a small altar, have been interpreted as a protective spirit of the Lares and the offerings made to them. The snakes were protectors of prosperity. Pompeii and Herculaneum contained a society that was tolerant and accepting of the worship and rituals brought about by foreign Gods and imported cults. Pompeii and Herculaneum were bombarded with influences from Egypt and Eastern Mediterranean, which affected the structure, traditions and rituals of their religion. Two cults that had a significant affect and presence in Pompeii were the Egyptians cult of Isis and the cult of Bacchus. The cult if Isis, was the goddess of life, fertility and rebirth;A temple of Isis was excavated in Pompeii, revealing that such a cult was worshipped among many in the civilisation as the temples structure proved to be complex and extravagant compared to other temples eg. Surrounded by high walls, initiation hall and an underground chamber storing a basin of holy water retrieved from the Nile River. The worshippers of the cult performed daily rituals and ceremonies carried out by priests at dawn and in the afternoon. Source four, a fresco found in Herculaneum depicts and reveals the ceremonies that took place for the cult of Isis. The fresco shows the high priest standing at the entrance of the temple, looking down on the ceremony beneath. One priest tends to the sacred fire and another priest leads the followers of worship in two rows. In the foreground of the source there are two ibises, sacred to Isis. This source also reveals that women in Pompeii were drawn to this cult, as most worshippers in the fresco appear to be women. It reveals that this cult was widespread, worshipped daily and extremely influential. It also reveals that foreign cults in Pompeii and Herculaneum were accepted and prominent within the civilisation. There is also evidence suggesting the presence of other foreign cults in the cities of Pompeii and Herculaneum. Through the excavation of archaeological sources, cult objects found in Pompeii and the cult of Sabazius has been suggested. There is also various evidence of the existence of Judaism including graffito of Judaic names, frescos and the presence of Jews nearby. Till today, there is much speculation as to whether or not Christianity was present in the cities, as evidence of the crucifixion was found. Religion in Pompeii and Herculaneum was an important and significant part of each individuals homes and daily lives. From the archaeological sources excavated and the written sources produced, it is revealed that the household Gods of each home were the central aspect of living and worship. Each individual lived to favour and fulfil the Gods wants and needs. The sources also reveals facts about the foreign Gods that were brought about to Pompeii and Herculaneum through external influences, like Egypt (cult of Isis), and the significance of such worship for the civilisation. The sources that have been excavated and brought about to todays society reveals facts and helps modern archaeologists gain insight to the unknown of the past. With reference and study of the sources provided in this explanation, the religion of Pompeii and Herculaneum has been revealed. The lares themselves were painted in the lararium. In the lararium painting from the house of the Vetti shown below, the genius is depicted wearing the toga praetexta , bordered in purple, the garment of high-ranking Roman magistrates. The Thermopolium of the Lares in Pompeii shows a typical painting including the snakes associated with protection of food from vermin below the group. The group contains the two lares, the genius of the house, and two further figures Mercury god of commerce and Dionysus god of wine. The paterfamilias was responsible for leading the household prayers at the lararium, and offerings of significance such as first fruits of crops and special cakes, were made at the shrine. The shrine was also garlanded with flowers so there are hooks nearby for this purpose. Of particular importance were family occasions such as birth, marriage and the coming of age of a young man.
Monday, January 20, 2020
The St. Catharines Standard :: essays research papers
The St. Catharines Standard à à à à à I choose to do my essay on the St. Catharines Standard. The Standard is the St.Catharines and Thorold area newspaper. It provides us with the local news, advertising and it keeps us in touch with what is happening all over the world. It was first owned and runned by the Burgoyne family and was printed in St. Catharines but, was sold last year to Southam Inc. and has started to be printed in Hamilton. Southam Inc. also owns other papers such as The Hamilton Spectator,The Ottawa Citizen and The Kingston Wig. Here are some questions that I have made up about The Standard and I have found the answers for them. 1. How important is The Standard to our economy? à à à à à The Standard is pretty important to our economy. It provides the peoples of St.Catharines and Hamillton with jobs. It also let's the local businesses advertise their business to the people and attracts businesses to St. Catharines. Which brings money to the city. And finally, I provides St. Catharines with the daily news about the city and all over the world. 2. What is the source and type of the paper and why is it used? à à à à à The Standard gets their paper from wherever they can get it the cheapest. It is Recycled Newsprint. Recycled newsprint is paper that has been previously used paper that has been shredded, de-inked and then turned into pulp so it can make paper again. This type of paper is used because its economical, lightweight, recyclable and is available world wide. 3. What is the process of making the St. Catharines Standard? à à à à à The First step in making the newspaper is in the advertising department. The workers in the advertising dept. sell space in the paper to local businesses for ads. This pays for the paper to be made. Then the ads are produced and are redied for the paper a day before it has to be made. After the ad space is sold the paper is sent up to the editorial room so they can look at the space not occupied by ads and decide what stories the need to fill up the paper. Now to make the paper! The pages are assembled and the ads and stories are cut and pasted on to boards. After that a negative is shot of the board.
Sunday, January 12, 2020
Congressional Reconstruction in the south 1863-1867
The radical reconstruction of 1867-1877, known for some of the most significant changes in American history. The Radical reconstruction was supported by Congress and less popular with President Johnson as if focused on Civil rights issues, something that Johnson chad no interest in. The reconstruction was meant to improve the economy of the devastated south, Politics and social Justice following the American civil war (War of the south).It wasn't until ââ¬Å"March of 1867 when congress adopted the Reconstruction act even though Johnson had vetoed itâ⬠(Foner, Give Me Liberty, II 566), the period of Radical Reconstruction begun, note that Johnson had his own plans for reconstruction. The Radical Reconstruction made several demands such as; voting rights for freed slaves, Radicals to conform to the idea of equality, protection of the Republican Party in the south, keeping old confederate generals from office, increased tariff on good to support state funded programs.Immediate ach ievements of the Reconstruction act of 1867 were: formation of political organization, ââ¬Å"spread of the Republican Party in southern' states that were returned o the Unionâ⬠(Foner, Give Me Liberty, II 57), which increased the public's involvement in free public education, orphanages, prisons and homes for the mentally challenged. The ââ¬ËUnion league' was one of the achievements during the Reconstruction. Its formation resulted from mass political meetings which included man, woman and children who simply rallied to claim the very rights enjoyed by the white citizens.These meetings were widely attended and produced both male and female speakers such as Frances Ellen Watkins Harper and James D. Lynch. Frances was known ââ¬Å"for her two years' tour and lectures of ââ¬ËLiteracy, land and Liberations'â⬠¦ nd James was known for his abilities to draw upon the emotion of his audienceâ⬠(Foner, Give Me Liberty, II 573). In 1868-1869 new state constitutions were fo rmed for the first time with the involvement of the public, most of whom were black representatives, this is why the public was given an increased responsibility in politics.With their involvements, aside from schools and others listed above, the new constitutions removed practices such as; ââ¬Å"whipping for punishments, property qualifications for officeholders, and imprisonment for debtâ⬠(Foner, Give Me Liberty, II 573). Other political achievements included an increased number of African Americans who now held public office (estimated 2,000), ââ¬Å"South Carolina was the only state at this time in which African Americans made up the mass of the legislatureâ⬠(Foner, Give Me Liberty, II 574). this is simply because the population was ââ¬Å"60% blacksâ⬠(Foner, Give Me Liberty, II 574) in South Carolina at this time.Finally African Americans held a seat in every level of Government though there were only two blacks who served the U. S. Senate during this period. Hiram from North Carolina and Blanche K. Bruce from. Hiram was born free, received an education, served in the Union Army and became the first ââ¬Å"Black Senator in American history' (Foner, Give Me Liberty, II 574). Blanche unlike Hiram was a former slave. (No addition information mentioned by Foner about Blanche). Though only for a short period the first Black and his mother a freed slave, the second black governor was not elected until ââ¬Å"1989â⬠.Though most blacks who held public offices gained ranks via serving the Union army, some black were born free in the north and received a proper education like Jonathan J. Wright who served on the South Carolina Supreme Court. Among many prominent black officials, Robert Smalls, ââ¬Å"a slave who secretly guided a vessel called the Planter, through enemy waters and delivered it to the Union's Army' (Foner, Give Me Liberty, II 574)? Smalls gained his fame for this single act and later was elected as a political leader in South Carolina and was eventually elected to congress for five terms.Economically, some gained from during the Reconstruction, namely the ââ¬ËCarpetbaggers and the Scalawags'. Carpetbaggers were from the north, some simply came to the south for politics and many were Union soldiers who remained in the outh for lands and other economic advantages. Some remained for support in rebuilding and education the south by becoming teachers. Scalawags, a name given to Whites in the south who never owned slaves and now supported the Republicans to keep confederated officers out of office.Other economical advances were the suspension of debt collection and protection for property owners from loan sharks. Thus far the public school education provided by the state stood above all as an achievement during the Reconstruction. Most schools were segregated with the exception of ââ¬Å"New Orleans, were public schools were integratedâ⬠¦ nd only South Carolina did the state university admitted black s tudentsâ⬠(Foner, Give Me Liberty, II 575). By 1870 more than half the white and black population attended public school (One may note Booker T Washington's ââ¬Å"Keep me separated but equalâ⬠).Change in office from prewar leaders to newer governments, laws were passed to end racial discrimination from service providers such as railroads and hotels, though this was not enforced equally from region to region, it was one of the first steps towards standardizing what we now call equal citizenship for all. Republican government stablished the ââ¬ËState land Commission' made attempts to improve the South's economic situations by allowing labors/farmers to claim their crops before the land owners and merchants.This was an issue since, farmers often owed the land owners and would regularly part with their crops for less than its worth. Officials believed that establishing railroads were key to improving the South's economy, they believed that this will make way for factories, towns and a variety for agricultural developments. This idea was not very successful since most Northern companies had their attentions turned to the West instead of the devastated South. Due to the failure to improve the South's economy, the economic status of most freedman remained the same.With this failed attempt came a change in government, a ââ¬Ëbiracial democratic government' was introduced to Americans. With this came the ââ¬Å"overthrow of the reconstructionâ⬠(Foner, Give Me Liberty, II 575), many in the south were against the new form of government and called it corrupt and ineffective. Though corruption existed before, its aims now differ, some states were stained with ââ¬Å"bribery, insider deals and get rich atmospheresâ⬠(Foner, Give Me Liberty, II 576). These practices soon nded due to increased taxes to support public funded services such as schools and construction of railroads.Raising of taxes backfired since it caused poor whites in the south to e nd their support for the Republican Government since they saw that their whites in the south who found it difficult to accept freed slaves as their equals and allowing them to hold offices and voting. Southern radicals who still dreams of the (golden age of the South) now sought to obstruct the reconstruction by violence, by now they not on questioned the policies of the reconstruction, they believed that they ust end the republican rule and had a disbelieve in the federal government.This movement became known as the ââ¬Å"reign of terrorâ⬠(Foner, Give Me Liberty, II 576). , giving rise to individual hate crimes on road sides against black who would not step aside for whites. These hate crimes would late become more organized and led to the formation of cults such as the Ku Klux Klan (KKK) which serves as a ââ¬Å"military arm for the Democratic party in the southâ⬠(Foner, Give Me Liberty, II 577). Thought the main target for the KKK were predominantly blacks/ freed sla ves; Foner claims that the KKK often assaulted white members of the Republicans, artime Unionist, office holders and teachers from the north.These acts of terrorism were carried out by conservative whites in the south who preferred the olden ways. KKK activities alarmed southern government following the attack on a small town in ââ¬Å"Colfax, Louisiana in 1873; armed whited assaulted the town with small cannonsâ⬠(Foner, Give Me Liberty, II 578). Due to these circumstances, Washington approved the use of federal troops to subdue all terrorist activities, this which ultimately led to the federal government to expand its authority throughout the south.Troops shortly deployed to apprehend anyone associate with the KKK, many ere arrested and many fled. These affirmative actions in 1872 towards the KKK caused the clan o disband and eventually dissolved completely granting the South genuine peace. Another contributing reasons for the failure of the reconstruction goes to the reappea rance of racism in the North. Many believed that enough was done, blacks were now free and given voting rights and that was enough.With all the emphasis on the KKK, other political ploys were formed in the north simultaneously. The Liberal Republicans were formed, electing the ââ¬Å"editor of the New York Tribute for presidentâ⬠(Foner, Give Me Liberty, II 579). Being that there was now division amongst Republicans, Democrats made Greeley their candidate for president in the election of 1874. This was done with hopes of returning the Democrats to power but failed since most voters simple refrained from voting, resulting in a landslide victory for Grant in 1874.Reconstruction was still not in the clear, in fact things had gotten worse, Journalist, James S. Pike, published ââ¬Å"the Prostate Statesâ⬠(Foner, Give Me Liberty, II 578), which blamed the corruptions of the Southern states on black who held office, blacks were depicted as less than humans and animalistic instea d. This contributed o the rebirth of racism and the rise of the Democrats again. With Democrats dominating congress, the; old ones enacted a final piece of Reconstruction legislation, The Civil Rights act of 1785â⬠¦ utlawing racial discriminationâ⬠(Foner, Give Me Liberty, II 580), though this was not upheld by the Supreme Court. In following years, Democrats would rise up and take control of few strategic southern states. These stated began calling themselves the ââ¬Å"redeemedâ⬠(Foner, Give Me Liberty, II 581), referring to the act of returning their rightful white leaders back to office. Unlike the KKK who operated at night, armed individuals in these ââ¬Ëredeemed' ctions were taken to combat these attacks which played a major role in the election of 1877.In the so called redeemed states, ballet boxes were destroyed and freed slaves/republicans were turned away from voting by armed southern Democrats which consequently led the victory of the Democrats and Ruthe rford B. Hayes as president. Though one of the most controversial elections of the 19th century, Republicans submitted after attempting to secure a promise from Hayes that he will uphold the rights for all. This marked the end of the Reconstruction in 1877, though it continued, allowed many blacks to vote and hold office.Reconstruction would not come up again ââ¬Å"until the Civil Rights movement in the 1950's to 1960'sâ⬠(Foner, Give Me Liberty, II 582). Thought many would consider the Reconstruction of 1967-1877 a failure, it did prepare a foundation for the Civil Rights movement which occurred in 1950, it was the first attempt of many to meet the promise of the nation in which everyone was truly given an opportunity. The Reconstruction also illustrates the evils of politics and how one man's neglect towards his duties can affect a nation, this referring to Grant turning a blind eye to the attacks in 1875.
Saturday, January 4, 2020
Abraham Lincoln A Man Of Great Wisdom And Determination
Like the saying ââ¬Å"Rome wasnââ¬â¢t built in a dayâ⬠neither was America. If it wasnââ¬â¢t for George Washington we simply would not be here. However, Abraham Lincoln is the reason the United States is still united. Abraham Lincoln was a self-made man. As the sixteenth American President, a man of great wisdom and determination, he was determined to end slavery. Lincoln put the importance and devotion for his nation before his own personal convictions. Lincoln wasnââ¬â¢t raised in a wealthy middle class family. He was born dirt-poor in a log cabin in Kentucky in 1809. Lincoln grew up self-educated, with a taste for jokes, hard work, and books. He served for a time as a soldier in the Black Hawk War (Abraham Lincoln: Life in Brief. N.d.)3. He was strong minded and strived for himself and everything he wanted to accomplish. In 1834, he won an election to the state legislature and began self-teaching himself law. Lincoln was admitted to the bar in 1836. Due to lack of experience, he soon lost his first case, however, he became one of the premier lawyers in Illinois. Lincoln held a seat in the Illinois state legislature as a Whig politician in the 1830s and 1840s. The following year, he moved to the newly named state capital of Springfield. For the next few years, he worked there as a lawyer, earning a reputation as ââ¬Å"Honest Abeâ⬠(Abraham Lincoln. 2009)4. He pursued his career step by step, earning his title, position and trust, and yet that wasnââ¬â¢t the end of it, he kept self-educatingShow MoreRelatedHow Lincoln Remained Neutral in His 2nd Inaugural Address Essay791 Words à |à 4 Pagesconcerned with whether Abraham Lincoln succeeded in remaining indifferent and nonpartisan towards the South in his 2nd Inaugural Address. In what is considered one of the most distinguished Presidential commencement speeches on record, as well as the shortest in length at approximately 700 words, the Great Emancipator understood the Herculean task ahead of him in unifying the bisected country. By illustrating how slavery was the predominant cause of hostility that halved a nation, Lincoln expresses hisRead MoreThe Legacy Of Abraham Lincoln2587 Words à |à 11 Pages Acknowledgement May the life lived and the lessons taught by Abraham Lincoln teach us in makeing the world more prosperous. Abraham Lincoln has always been role model for me. It was a great experience to discover him and his life. This research paper was completed with support and help of my professor Christopher Schroeder. I also like to appreciate the academic institutes like Harper College and Rochester Institute of Technology which proved to be very resourceful. 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Even in childhood he was amazingly bright and his brilliant mind was noticed by many mentors whoRead MoreAnalysis Of The Book Team Of Rivals By Doris Kearns Goodwin Essay2177 Words à |à 9 Pages750-page book (plus 120 pages of notes), Goodwin describes in detail the building of careers of Lincoln and his major Republican rivals up to the 1860 Republican National Convention in Chicago. Each of the rivals expected the nomination to fall to them, and none of them seriously considered any challenge from the backwoods lawyer from Illinois. Sound vaguely similar to a modern-day election? At the time of Lincoln s nomination, all Republican rivals were together in their platforms of restricting the expansionRead Moremaster of the game the political genius of Abraham Lincoln3433 Words à |à 14 PagesKearns Goodwin Lincoln s political resume was meager, his learning derided, and his election considered a stroke of luck. And yet the prairie lawyer from Springfield would emerge the undisputed captain of his distinguished Cabinet, earning the respect of colleagues who had originally disdained him, and become, as Whitman wrote, the grandest figure yet, on all the crowded canvas of the Nineteenth Century. As it turned out, unbeknownst to the country at the time, Lincoln was a towering politicalRead More Habeas Corpus and the Use of Military Tribunals Essay3686 Words à |à 15 Pagesdate one hundred forty two years ago (April 25, 1861), that President Abraham Lincoln sent a letter to Lt. General Winfield Scott authorizing the suspension of ââ¬Å"The Privilege of the Writ of Habeas Corpusâ⬠. Lincoln had been president for less than two months and was facing, what was up to that time and arguably may still be the greatest threat to the survival of the United States since the Founding Fathers launched this ââ¬Å"Great Experimentâ⬠. Only eleven days earlier Major Robert Anderson, the commander
Thursday, December 26, 2019
The Harmonicus Culture of Hong Kong - 561 Words
What place has the best harmony of the east and the west in the world do you think? The Middle East? Southeast Asia? or China town in the US? I think Hong Kong has the best harmonious culture in the world because it was a part of England and China, and many people from Hong Kong can speak English and Chinese. Even until now, China is not much open as many other liberal economy countries, but Hong Kong is. According to Milton Friedman who is one of the famous economies in the world, and who were awarded the Novel Prize in Economic Sciences, Hong Kong is a good example of the free market system. Therefore, Hong Kong has been influenced many different cultures, and it becomes one of the harmoniest countries in the world. It became independent from England, but it has not been included China yet, so it has very distinctive culture. It was established in July 1st 1997 and would be a part of China 50 years after 1997 (Hong Kong Basic Law). Hong Kong rapidly developed social systems and eco nomy in 1980. Therefore, there are many similarities and differences between 1980 and now. First, old Hong Kong and now Hong Kong have similarities in culture, especially movie industry. Hong Kong is one of the most famous movie starsââ¬â¢ home town such as Jackie Chan, Bruce Lee, and Sammo Hung. In fact, Bruce Lee was born in San Francisco, and he lived and went to school in the US, but he went Hong Kong when he was 3 year old baby and grew up in Hong Kong. By his impressive martial arts and
Wednesday, December 18, 2019
Elizabeth I and Mary Queen of Scots - 1688 Words
Elizabeth I and Mary Queen of Scots During the sixteenth century there where many conflicts which occurred between Catholics and Protestants. The Kings and Queens of England especially kept on changing between both religions. This made it very difficult for the people of England to choose a religion because laws kept on getting changed in regard to practicing religion. When Elizabeth I became Queen she became the new defender of the faith, thus making Protestantism the official religion. One of the harshest parts of Elizabeths reign was the whole Mary, Queen of Scots, ordeal. Mary was Elizabeths cousin and next in line to the throne. Of course Mary was Catholic and that is what made the whole issue an issue. This paper willâ⬠¦show more contentâ⬠¦She became the darling of the Northern Catholics who hoped to remove that upstart commoner William Cecil and his Protestant Queen, replacing them with Mary. It seems to have been purely a political arrangement and it failed almost before it began, but the north ern earls rose in revolt and died for the idea. 19 Parliament and the country at large clamored for the execution of the two principles. Norfolk was exacuted as a traitor and Marys life was saved only by Elizabeth who refused to agree to Parliaments demands for her death. 20 Mary never learned from her past experience and continued to conspire against Elizabeth. Finally in 1586 letters were intercepted from Mary which conclusively proved her involvement in a plot organized by Anthony Babington to murder Elizabeth and a commission was set up to examine and try Mary at Fotheringhay Castle in Northamptonshire. 21 The commission, consisting of leading peers, councilors and judges, found Mary guilty on two charges of treason, and in November 1586 both Houses of Parliament unanimously petitioned Elizabeth to proceed to the just sentence of execution. 22 For two months Elizabeth agonized over the decision. She hated the thought of killing a relative as well she knew that Mary s death would arouse fierce resentment throughout Catholic Europe and would likely spark retaliation. 23 After endless thought and stalling, Elizabeth finally gaveShow MoreRelatedA Royal Catfight: The Battle Between Queen Elizabeth I and Queen Mary Stuart1465 Words à |à 6 PagesThe reign of Queen Elizabeth I was known as the Elizabethan Age. At this time, the Renaissance had spread to England. As a ruler, she was well educated, speaking about four different languages (Beck 963). However, it was not just her knowledge that made her into a popular monarch. Her personality helped her to become a successful politician as well. In a documentary about Queen Elizabeth I, it was stated, ââ¬Å"She was vain, spiteful, arrogant. She was frequently unjust, and she was often maddeninglyRead MoreQueen Mary Stuart Of Scotland And Queen Elizabeth I Of England1015 Words à |à 5 PagesEurope. Cousins, Queen Mary Stuart of Scotland and Queen Elizabeth I of England, formed an unpleasant relatio nship that ended with execution. The scandalous rivalry between Mary, Queen of Scots and Queen Elizabeth I had a profound effect on the politics of their time. Queen Elizabeth I was much more regal than her cousin, Mary Stuart of Scotland, and ruled her kingdom with poise and sophistication. 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Tuesday, December 10, 2019
Contract Case Law Theory of Contract Law
Question: Discuss about the Report for Contract Case Law the Theory of Contract Law. Answer: 1. According to contract, there are certain essential elements that have to be present to which an agreement becomes legally enforceable contract. For example, in such a case, an offer should be made by one party and the other party should accept the offer. Valid consideration is also required and similarly the parties should also have the intention of creating legal relations. Apart from it, the party should have the capacity to contact (McDonald, 2015). In the present case, the principles of contract law have been applied to the given situation and advice has been given to be concerned persons. Advice for Connor: In this case, Connor had placed a notice on the windscreen of his car in which he has expressed his desire to sell his car for $26,000. According to the law of contract, this notice cannot be considered as an offer but it is merely an invitation to treat. The difference between the two is that while an offer can be accepted for creating a valid contract, if other essential elements are present, an invitation to treat is made only with a view to invite offers from the other parties (Partridge v Crittenden, 1968). Therefore in the present case, the notice is an invitation to treat. Moreover, one that had decided to accept the offer made by Dolly and he wrote a letter to Dolly in which he agreed to sell the car for $20,000 on 2:30 PM Monday. This letter was received on Wednesday at 10 AM. However later on, Connor received the note written by Eileen in which she had stressed her desire to purchase the car for $26,000. Conner immediately leaves a message on the answering machine of Dolly in which he tells Dolly to ignore the letter of acceptance received by her and calls off the deal. However the law of contract provides that once an offer has been accepted, it cannot be revoked by using a faster means of communication (Atiyah, 1990). In this regard the postal role of acceptance is also applicable to the letters of acceptance and provides that once a letter carrying the acceptance of the offer has been posted, the acceptance is complete. Advice for Dolly: the law of contract provides that once an offer has been accepted, it cannot be revoked by the party accepting the offer, by using a faster means of communication. At the same time, the law also provides that the postal rule of acceptance is also applicable in such cases. According to this rule, the acceptance of the offer is complete as soon as the letter containing the acceptance is placed in the mailbox (Beale, (ed) 2002). In this way, this rule provides an exception to the general rule which provides that the acceptance of the offer is considered to be effective only when it has been communicated to the party making the offer (Dickinson v Dodds, 1876). In the present case, Dolly saw notice on the windscreen of the car but she decided not to stop and therefore she made a phone call to Connor and said that she can give $23,000 for the car. In this way, it can be said that in return of the invitation to treat (Fisher v Bell, 1961) made by Connor, Dolly had made an offer for purchasi ng the car at $23,000. Connor did not accept the offer immediately but promised to think over it. Therefore on Monday, Connor decided to accept the offer and wrote a letter in which he had accepted the offer made by Dolly and agreed to sell the car for $23,000. The postal rule of acceptance was provided by the court for the first time in Adams v Lindsell (1818) when the court stated that generally any form of acceptance needs to be communicated expressly to the party making the offer but when the letter of acceptance has been posted, the acceptance is considered to be complete as soon as the letter of acceptance is put in the mailbox. Therefore in the present case, it can be said that Dolly has a contract with Connor for purchasing the car at a price of $23,000. Advice for Eileen: in the present case, Eileen also saw the car and she went to Connor's home. However he was not at home and Eileen met her daughter, Hetti. Therefore, Eileen gave a note to Hetti in which it was written that she will come to take the car on Monday 11.05 a.m. she also enclosed a check for $26,000 along with the note. Hetti left this note on Connor's desk by before he could see the note and the cheque, Connor decided to accept the offer made by Dolly. However in this regard, the law of contract provides that according to the general rule, the acceptance of the offer needs to be communicated to the party that has made the offer. Therefore, in this context, acceptance can be described as an unequivocal statement, whether in writing or oral or in some cases by conduct, by the offeree through which it has agreed to the offer. The law also provides that the offer can only be accepted by the person to whom it has been directed. In order to constitute a valid acceptance, the statement or the c onduct amounting to acceptance should take place in response to the offer (Benson, (ed) 2001). An obligation cannot be imposed on the other party to expressly reject or accept the offer (Felthouse v Bindley, 1862).In the present case, the notice placed by Connor on the windscreen of the car cannot be considered as an offer but it was merely an invitation to treat (Crown v Clarke, 1927). On the other hand, in the present case, Eileen could have made an offer to purchase the car in return of the invitation to treat made by Connor and it was up to Connor to accept or reject the offer made by Eileen to purchase the car at $26,000. Therefore in this case, Eileen does not have a contract with Connor. Advice for Fiona: In this case, after seeing the notice placed by Connor, Fianna decided to accept the offer and she posted a letter in which she had accepted to buy the car for $26,000. She also sent a cheque for $26,000 along with the letter. However, she did not address the letter correctly and as a result; the letter was received by Connor only on Friday. Under the circumstances, it needs to be considered if the postal acceptance rule can be applied in the present case and it can be said that the offer has been accepted by Fiona as soon as she had placed the letter carrying the acceptance of the offer in the mail box (Burrows, Finn and Todd, 2002). The law provides that when post has been condemned alleged by the parties as the means of communicating the offer and acceptance, the acceptance will be completed as soon as the letter containing the acceptance has been placed in the mailbox (Craswell and Schwartz, (eds) 1994). But in such cases it is required that the letter containing the acceptance s hould be properly addressed (Re London Northern Bank, ex p. Jones, 1900). But in the present case, Fiona had not properly addressed the letter. The effect of this situation is that it cannot be said that the acceptance of the offer one part of Fiona was complete as soon as she placed the letter in the mail box. At the same time, it also needs to be noted that in this case the notice placed by Connor cannot be treated as an offer but it was only an invitation to treat. Therefore, it can be said that in this case there is no contract between Fiona and Connor. Advice Dan whether he is entitled to compensation from Toff Dry Cleaners This issue has arisen in the present case because when Dan took his dinner suit and the silk dress of his wife to Toff dry cleaners, a firm that has been used by his family for dry cleaning in the past also. However, Dan was given a docket and as usual, a put it in his pocket without reading it. When Dan returned to collect the clothes, he was told by the firm that his dinner suit was missing and moreover the silk dress of his wife has been badly stained. The firm gave no explanation for the stained dress. However, when Dan asked for compensation for his loss, the owner of the firm pointed out towards a clause present on the docket according to which the firm was not liable for any loss or damage to the clothes that were left for cleaning. In this regard, the owner of the firm also pointed out towards a sign present at the back of the shop in which it was stated that although the firm takes all the care in dry cleaning the clothes of their customers but they cannot be held responsibl e for any loss or damage howsoever it may be caused. On the other hand, Dan claims that he had not read the clause mentioned that the back of the docket and neither did he saw the sign present at the back of the shop. Under the circumstances, it needs to be considered if Toff Dry Cleaners can rely on this exclusion clause for the purpose of excluding their liability for the damage suffered by Dan. An exclusion clause is used by one party to the contract for the purpose of limiting or excluding its liability (McDonald, 2015). The legal position in this regard that as is the case with any of the term of the contract, an exclusion clause can also be incorporated in a contract if it is present in assigned contractual document and it does not matter if the other party has not read or understood the term (McDonald, 2008). Therefore the law provides that when the parties have entered into a written contract and signed the document, the parties will be bound by all the terms of the contract regardless of the fact that one party to the contract has not read the term (Conaghan and Mansell, 1993). A leading case in this regard is that of L'Estrange v Graucob (1934). In this case, a cigarette vending machine has been purchased by the claimant that was going to be used in a caf. In this case, the claimant signed the order form and on it, it has been mentioned in small print that any express or implied condition or warranty is excluded. Therefore when the vending machine did not work properly, the claimant tried to reject the machine in accordance with the Sale of Goods Act and claimed that the machine was not of merchantable quality. However, the court stated that the defendant was protected by the exclusion clause. By signing the order form, the claimant was bound by all the terms that were present in the form regardless of the fact that the claimant had not read the form. The result was that the claim was unsuccessful. Would it make any difference if Dan had noticed the clause on the docket and the assistant had said: "That excludes liability for damage to buttons and zippers". In the present case if Dan would have noticed the presence of the exclusion clause on the docket given to him, it could have been said that such a clause is a part of the contract that was created between Dan and Toff Dry Cleaners. However, Toff Dry Cleaners will still not be able to rely on this was for the purpose of excluding their liability for the damage suffered by the silk dress of his wife and the loss of his dinner suit because in this case, it can be said that Dan had entered the contract with Toff Dry Cleaners on the basis of the misrepresentation that was made by an assistant at the shop. In this case, the assistant had told Dan that the exclusion clause mentioned on the docket only excludes the liability of the firm for any damage suffered by buttons and zippers. But in reality, the exclusion clause has been inserted by the firm for the purpose of excluding the liability of the firm for any loss or damage suffered by the clothes of the customers. In this way, it can be s aid that the assistant had made a misrepresentation and Dan had relied on such a misrepresentation by entering into a contract with the firm (Cooke, 2004). As a result, in such a case, even if the exclusion clause has been noticed by Dan and it can be considered as a part of the contract but Dan had entered the contract on the basis of the misrepresentation made by the assistant and therefore, Toff Dry Cleaners cannot rely on this clause for the purpose of excluding their liability. Assume that Dan is entitled to compensation for the loss of his dinner suit and the stained sikk dress. He now tells you that because of what has happened is wife has suffered emotional distress because the dress was a family heirloom. He also tells you that he and his wife had to hire, at considerable expense, a dinner suit and address for a formal occasion because of the loss and damage. The issue that needs to be decided in this question is related to the remoteness of damages. It has to be seen if Dan can claim compensation for the emotional distress suffered by his wife as the damaged this was a family heirloom and also for the expenses incurred by Dan and his wife for hiring clothes at a considerable expense. In order to deal with such cases, the law provides the mechanism of remoteness which places a limit on the ability of the claimant to recover damages to the damages only those were the reasonably foreseeable consequence of the act (Harlow, 2005). In this way, the law provides that the defendant cannot be held liable for the damages that are too remote. The test that can be used to decide the remoteness of damages provides that the damages suffered by the claimant will be considered as too remote if the damages were not reasonably foreseeable by the defendant (Hepple, 1997). As a result in the present case also, it can be said that Dan claim damages for the e motional distress suffered by her wife and also for the expenses incurred by him for hiring a dinner suit and a dress. References Atiyah, P.S. 1990, Essays on Contract, Oxford University Press, New York Beale, H. (ed) 2002, Cases, Materials and Text on Contract Law, Hart Publishing, Oxford Benson, P. (ed) 2001, The Theory of Contract Law: New Essays (Cambridge University Press, Cambridge Burrows, J.F., Finn, J. and Todd, S. 2002, The Law of Contract in New Zealand (2nd ed, LexisNexis NZ, Wellington Conaghan, J and Mansell, W (1993) The Wrongs of Tort , Chapter 2. Pluto Press Cooke, P J (2004) Primary victims: the end of the road? 25(1) Liverpool Law Journal 29 Craswell, R. and Schwartz, A. (eds) 1994, Foundations of Contract Law, Oxford University Press, Oxford Harlow, C (2005) Understanding Tort Law , 3rd edn, Chapter 2. Sweet Maxwell Hepple, B (1997) Negligence: the search for coherence Current Legal Problems McDonald, B. (2008). Contractual exclusions and indemnities of liability for negligence, In GJ Tolhurst, Elisabeth Peden (Eds.), Commercial Issues in Contract Law: Papers from the Commercial Law Quarterly 20th Anniversary Conference, (pp. 7-25) University of Sydney: Ross Parsons Centre of Commercial, Corporate and Taxation Law. McDonald, B. (2015) Chester v Waverley Corporation (1939) Evatt J., Great Australian Dissents Workshop: Gilbert + Tobin Centre of Public Law, Kensington, NSW: Presentation McDonald, B. (2015). Law reform, legislation and the common law, Private Law in 21st Century: TC Beirne School of Law, Brisbane, Qld Case Law Adams v Lindsell (1818) 1 B Ald 681 Crown v Clarke (1927) 40 CLR 227 Curtis v Chemical Cleaning and Dyeing Co Ltd [1951] 1KB 805 Dickinson v Dodds (1876) 2 Ch D 463 Felthouse v Bindley (1862) 142 ER 1037) Fisher v Bell [1961] 1 QB 394 L'Estrange v Graucob [1934] 2 KB 394 Partridge v Crittenden [1968] 1 WLR 1204 Re London Northern Bank, ex p. Jones [1900] 1 Ch 220
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