Tuesday, April 21, 2020

The American Dream in Of Mice and Men Essay Example

The American Dream in Of Mice and Men Paper Of Mice and Men: The American Dream Hopes and dreams play an important in the novel Of Mice and Men. Author, John Steinbeck, uses the motivation provided by the different ambitions and dreams of characters to keep the book progressing as it thickens the plot of the story and makes readers take a larger interest in the possible outcomes of the characters. In many ways the individual dreams of the characters and the so-called ‘American Dream’ provides the basis for the novel. They, being the different dreams found throughout the novel, are what initially fuels the novel in the early stages of the story, they are what come into question in the middle of the novel when many of the characters are finally finding real hope for their dreams and they are what are crushed for most of the characters in the dramatic final stages of the novel. The individual dreams of the different characters play a large role in this novel. The simple and humble dreams and ambitions of Lennie provide hope and motivation for a lot of key characters, including George, Candy and Crooks.Lennie is an intensely simple and innocent character who is entirely dependent and faithful to George due to his mental disability. Lennie’s dream is of simply owning a farm with George where he is able to ‘live off the fatta the lan’ and tend to the rabbits, which ideally would be large enough for Lennie to handle without hurting. Lennie’s dream is immensely simple, and does not seem all that impossible in retrospective, but with the harsh conditions of the times and the disability suffered by Lennie, the dream seems all the more difficult to achieve. We will write a custom essay sample on The American Dream in Of Mice and Men specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The American Dream in Of Mice and Men specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The American Dream in Of Mice and Men specifically for you FOR ONLY $16.38 $13.9/page Hire Writer George also shares this dream, but with a more well rounded and realistic outlook on achieving it. George does not seek the soft fur of the rabbits and alphalpha like Lennie, but the security of owning his own home, his own farm and being his own boss.

Sunday, March 15, 2020

Implied Warranty †Law Essay

Implied Warranty – Law Essay Free Online Research Papers The area of law with which this problem is associated with is the laws of consumer protection in unfair practices, specifically in the context of express and implied warranty in relation to the supply of services. The Principles of the Law According to Cordato, A (2006, p2.1) a valid contract is enforceable promises between two or more parties, binding them to carry out certain actions in writing or orally. Once the parties have fulfilled the components required of a contract then the terms in the agreement are binding regardless of the parties have read or understood the terms and clauses (Khoury D, Yamouni Y, 2003 pp 5.35). As illustrated in the case of LEstrange v F Graucob Ltd [1934] 2 KB 394 where it was decided that a party not taking the trouble to read the document is bound by the terms of the contract, in this case, the exclusion clauses relieved the defendant from liability. Terms and conditions can be in forms of express terms or implied terms that the parties involved are obliged to perform or act (Khoury D, Yamouni Y, 2003 pp 5.2). Express terms are considered in context first before implied terms because it is the actual terms stated by the parties involved. It must be incorporated in contracts by signature, by notice or by the course of dealing otherwise it will not form part of the agreement (Khoury D, Yamouni Y, 2003 pp 5.3). If the express terms are unseen prior to the agreement, as in the case of Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163, the courts decision held that the exclusionary terms in the agreement could only be seen after the plaintiff parked his car in the parking station, were not to be part of the contract. Likewise, exclusionary clauses are commonly expressed in contracts to exclude or limit one partys liability for breach of a contract or negligence (Khoury D, Yamouni Y, 2003 pp 5.35). This is shown in Darlington Futures Ltd v Delco Aust Pty Ltd (HPH 708) when the High Court supported an exclusion clause which protected the defendant from liability from unauthorized transactions. Implied Warranty for Services to Consumers According to S74 of the Trade Practices Act 1974 (Cth) (TPA) it provides that ‘in every contract for the supply by a corporation, in the course of a business of services to a consumer there is an implied warranty that the services will be rendered with due care and skill’ and any term of a contract excluding or modifying that warranty is void. An example of S74 can be seen in the case of PNSL Berhad v The Owners of the Ship ‘Koumala’ [2007] QCA 429 when the Court decided that the implied warranty under S74 should be applied, in which overrode the pre-existing exclusion clause due to its lack of consistency. 1. A consumer in S4B of the TPA is defined as someone who ‘acquires goods or services for less than $40,000 (S 4B (2) a) or at any price if the goods or services are for the consumers personal, domestic or household use’. This was the case in Carpet Call Pty Ltd v Chan (1987) ATPR where the courts decided that ‘carpet’ would be classified under domestic consumption, even though it was purchased for commercial use (Latimer P, 2007, pp7-090). 2. An implied warranty is a statutory standard of quality terms normally not stated in contracts, but may be integrated into contracts by force of law involuntarily (Khoury D, Yamouni Y, 2003 pp 5.35). 3. Services under S74 (3) of the TPA does not include contracts for or in relation to transportation or storage of goods. 4. For breach of S74, innocent parties may sue for damages under S82 as in Commonwealth v Amann Aviation Pty Ltd at 82 where damages award can include a combination of losses that reflect different interests (Topic notes 9 pg 2) Applying the Facts to the Law Bill cannot argue that the exclusion clause is not incorporated as a term because he has signed the contract. Bill is the burden to the contract terms ‘by the fact that before the driver picked up the goods Bill signed ‘U-Will-B-Right’s’ Standard Transport Contract’ regardless whether he read the terms as in LEstrange v F Graucob Ltd [1934] 2 KB 394. Nonetheless, if the terms were not in the contract, as in the case of Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163 where it was decided that the terms were seen after the contract, then those terms would not form part of the contract. Bill may argue that ‘U-Will-B-Right’s negligence resulted in the conduct on the fact that the truck driver was at fault because he was unfit to drive due to excessive consumption of caffeine and alcohol. This may put Clause 10 in effect and may waive â€Å"U-Will-B-Right Pty Ltd† free from liability for any damages to Bill’s belongings, â€Å"whomsoever the same may have been caused, nor for any consequential loss to the consignor or consignee† that is regardless of cause â€Å"U-Will-B-Right† will not be legally responsible. On the contrary, in respect to the negligence by â€Å"U-Will-B-Right’s conduct, Bill can apply implied statutory warranty into the contract under S74 of the TPA where services to consumers are performed with appropriate care and skill. Then S74 will override clause 10 â€Å"U-Will-B-Right† may be liable for the damages as seen in the case of PNSL Berhad v The Owners of the Ship ‘Koumala’ [2007] QCA 429 In order for this implied warranty to be incorporated in the contract, despite an agreement between the parties. Bill must qualify as a consumer under S4 of the TPA since the goods in question belong to him for domestic use, similar to the Carpet Call Pty Ltd v Chan (1987) ATPR case as ‘carpets is used for consumer consumption. On the other hand, Bill does not qualify for the implied warranty under S 74 (3) of the TPA because the ‘delivery of goods’ is part of transportation services that is not included in S74 of the TPA. Conclusion It is likely that Bill would fail an action against ‘U-Will-B-Right’ for the damages of the goods because he signed the contract agreeing to the expressed contractual terms such as clause 10 relieving ‘U-Will-B-Right’ from liability in the absence of the implied warranty in S74 of the TPA as in the Darlington Futures Ltd v Delco Aust Pty Ltd (HPH 708) case. Research Papers on Implied Warranty - Law EssayEmployment Law EssayThe Legal ProcessEthics in Business EssayAlternative Dispute Resolution ClauseJean-Jaques Rousseau EmileExempt vs Non-Exempt EmployeesGap Analysis: Lester ElectronicsCash or Card?International PaperDefinition of Export Quotas

Friday, February 28, 2020

Pro's Google Medical Records Essay Example | Topics and Well Written Essays - 750 words

Pro's Google Medical Records - Essay Example Medical information has long been stored by doctors, hospitals, clinics and housewives. Doctors, hospitals and clinics have always used the medical charting system, keeping notes in thick files. Medical information was misread, misplaced, faded, and suffered a variety of accidents. Information was shared over telephones and FAX machines, or more often not shared at all. Bits and pieces would perhaps find their ways to a summer camp director, a human resource department, an insurance representative or some other storage destination, where it would become buried and inaccessible to the person whose body was the subject. Each member of the medical team responsible for the health of a given patient, stored only a limited set of medical information and there was little to no coordination of care (Gassee, 2010). To further complicate the patient’s fractured health picture, given the notoriously illegible handwriting of overly-busy doctors, what information there was in storage was o ften inaccurately interpreted. Without access, a patient could not take responsibility to correct inaccurate information. Inaccuracies became compounded. Google’s medical records storage system digitizes all the information and stores it in a central location, online. All members of the medical team, and patient-designated others, have easy access to accurate information, along with the patient (Seidman, 2011). Accuracy is enhanced by patient access to clearly organized records which, like credit card information or educational transcript information, can be corrected when errors are pointed out. Security, a critical issue, is well-assured with Google. Under the old charting system, the patient could not keep track of who had what personal medical information. There was no way to take information access away from those who had access. Google increases medical information security by linking access invitation, always generated by the patient, to specific e-dresses, keeping acc ess power and access-revocation power under patient control (Gassee, 2010). The patient can always see who has viewed personal medical information. Shared records are read-only (Kincaid, 2009). Probably the most important policy implemented by Google, with regard to use of their EMR, is that they will not share any information with anybody, without specific user permission to do so (Google Health, 2011). This policy clearly puts the patient, and not Google or â€Å"Big Brother†, in charge. Without this policy being in place and assured, those forecasting science fiction nightmares about lack of privacy and loss of self-determination, would have a point. Google is a technological giant. Such a massive undertaking as this EMR represents, requires human expertise and impressive computer capability. Google has more success in scalability than most other organizations. They have more than 2.5 million servers indexing and storing data daily, so they are experienced with this sort o f thing (Gassee, 2010). Furthermore, Google has joined forces with a consortium, to develop a software platform that automatically uploads medical information from home healthcare devices (Kirkpatrick 2009). They have associated with partner hospitals, pharmacies, etc., to link information, for the convenience of doctors and patients alike (Google Health, 2011). Google’

Wednesday, February 12, 2020

Training and development management Case Study Example | Topics and Well Written Essays - 250 words

Training and development management - Case Study Example Training need analysis will be extremely beneficial for the Omaha warehouse workers to meet the warehouses objectives (Jean 28). Training is a tool extremely powerful for a smooth functioning of an organization, but it is usage goes hand in hand with care in order to derive all the benefits. Here is the recommendation of performing a TNA: - First,  Learn about the proficiency and needs of each employee before the warehouse invests it effort, money and time on training. It is better for needs identification the shortcomings and needs before actually imparting training an employee (Jean 30). Secondly, Experienced and skilled trainer, who possesses an amount of understanding and knowledge that is good about objectives of an organization, the abilities of an individual and the present environment, should offer training. This will help in the improvement of the program in warehouses and plants (Jean

Friday, January 31, 2020

Diversity Ability in the work place Term Paper Example | Topics and Well Written Essays - 500 words

Diversity Ability in the work place - Term Paper Example In developed nations like the United States and UK where diversity is the major facet of democratic setup, the concept of workplace diversity is mandatory. Researchers are deeply at odds regarding the pros and corns of maintaining diversity in workplace. Many are of the opinion that diversity will intensify the organizational issues including conflict of interest, increasing HR costs, and communication barriers. On the other hand, others believe that diversity will enhance the potential of labor force. For instance, according to the latter concept, a workgroup that consists of senior, experienced individuals would ease the managerial tension as these individuals are familiar with every activity of business operation. In the same way workers from different cultural background can easily identify the potential customer segments of their region or culture. A company can make use this diversity for acquiring knowledge on various legal, ethical, cultural aspects of its business destinatio n. Acquiring diverse workforce will help a firm to preserve a pool of diverse skills too. For instance, elders with work experience and practical knowledge are equally important to youngsters with creative ideas and higher level of adaptability.

Thursday, January 23, 2020

The Impact of Television on American Society Essay -- essays research

The Impact of Television on American Society   Ã‚  Ã‚  Ã‚  Ã‚  What role does television play in society? For decades we have seen many parts of our world rapidly going through changes in technology. Today’s society has been transformed by means of communication and the available information through mass media. Most Americans rely on television for news, sports, and entertainment. Television is just one of the many examples of how technology has changed our lives. Since the invention of the television in the early 1900’s, it has played a very important role in our lives. Having a television set in the home has become very essential in today’s society. We depend on it to entertain us with its sitcoms and to inform us about current world issues. The problem is that sometimes what we hear or see on television is not always accurate or correct. Sometimes news stories give us the wrong information and we believe that it is true because it is being said on television. They may give you a story, but they may lea ve out some details to prove their point or to make the story more interesting. Americans are among the most ill-informed people in the world. Television, in other words, is not the great information machine. It is the great disinformation machine. TV tends to mislead us with its stories and in many ways we allow ourselves to be fall behind in the world as we tend to want to watch the entertainment shows and not the news broadcasts. Thus, we are not informed about what is going on in o...

Wednesday, January 15, 2020

Comparison Between the Taming of the Shrew and 10 Things I Hate About You Essay

In the movie â€Å"10 Things I Hate About You†, there are a lot of similarities to â€Å"The Taming of the Shrew† by William Shakespeare. For example, most of the similarities have to do with power relationships, courtship and dating, and sisters. The main characters in both the writing and movie have the same personalities. Bianca is played as the perfect innocent teenager and Kate is portrayed as a spiteful, bad tempered person. Also, their father is still very strict. As one would think, the themes between these two pieces are very alike as well. The theme of many people wanting to all date the same person relates to both of these pieces. For example, in the movie the two boys are fighting over who gets Bianca, just like in Shakespeare’s writing. Both of the plots have the same general idea too. They are both about a younger sister forbidden to date/marry before the cruel older sister does so. Both stories have similarities and differences in plot, theme and characters. Bianca and Kate are sisters who face sibling rivalry between each other. It is more apparent in the movie of â€Å"10 Things I Hate About You† that Kate is resentful towards Bianca for being favored by their father. It is obvious to her that Bianca is appreciated more than her. One of the most noticeable power relationships is between Batista and his daughters Kate and Bianca. This is because he makes it very clear that Bianca isn’t allowed to marry until Kate is married, but in the movie they are only allowed to date. Also, Bianca knows that her father compares her to Kate when he says that she is not allowed to date until Kate does first. A different type of relationship shown in these stories is deception. The female ideas on courtship/dating in this movie is very different from in Shakespeare’s writing. For example, in the modern movie it is more common to date and isn’t so serious as in the writing of â€Å"The Taming of the Shrew† because they ordinarily get married young. Shakespeare made the writing of â€Å"The Taming of the Shrew† universal so that any audience can understand it and enabled it to be made into a modern film. Although there are many similarities there had to be different changes made so that the movie would appeal to people nowadays. Something that was stressed more in the modern movie was the dishonesty and deception with who Kate was dating/marrying. In the movie, her date was paid to take her out and she eventually found out the truth and was very upset but in the story written by Shakespeare, she did not figure it out and lived happily ever after. It is more common for modern viewers to relate to the betrayal and it was expected more because of the circumstances. Overall, â€Å"The Taming of the Shrew† and â€Å"10 Things I Hate About You† are very similar and bring back an old tale with a modern twist that everyone can relate to.