Sorrow Essay -- Sadness Sorrow

Sorrow   Ã‚  Ã‚  Ã‚  Ã‚  Whether it is getting a bad grade in English class, leaving home to go to college, or losing a loved one, we all experience sorrow. Sorrow a pain or distress of the mind caused by a loss or misfortune. It is a part of life that we all must learn to deal with. People cope with sorrow in different ways. Certain people let every misfortune that they encounter get to them. They flip out if they get a C on one of the many minute assignments in a class. If they get a traffic ticket, they think the world is coming to the end. People who deal with sorrow like this are not being reasonable. Do these people believe these minor flaws in their day-to-day living are going to have a life long affect on them? They do not have to be sad, but they choose to be.   Ã‚  Ã‚  Ã‚  Ã‚  One day I got my second traffic ticket in my first year of driving. As soon as I looked into my rear view mirror and saw the officer turn on his flashing lights, my heart sank into my stomach. The officer asked if I knew why I was being stopped. I was speeding and I knew it. The officer went back to the car and began to write the ticket, while I was sitting in my car thinking. At first I thought about how much trouble I was going to be in and how much money it was going to cost me. I was very depressed. Then I got to thinking. What's the big deal? It's just a little traffic ticket. Sure, I may get in trouble, but who cares? It's just a small detail in my life. I can whine and complain, or I can foc...

Lord of the Rings: the Ring’s Addiction Essay

â€Å"One ring to rule them all, One ring to find them/ One ring to bring them all and in the darkness blind them/ In the land of Mordor where the shadows lie.† (p. 8) This was said at the beginning of the story telling a brief summary of the ring of Sauron. The poem tells you how the ring will blind you to the point that the need that you will feel of it will be bigger than anything in the world. It will be so big that it becomes an addiction, worse than any drug in the word, because there is no cure for it, and the only way you can save yourself is by the destruction of this powerful ring. Addiction, this is what the ring symbolizes; a psychological need to have something. It changes everything in you. First, it wins you over and then, you will never be the same person. Addiction can change anyone from the best person you have ever known to the worst. It controls and blinds you to the point where you lose yourself. We see this addiction mostly in every character in the story; even the most powerful were tempted by it. In the book we see the addiction of the ring in many different ways throughout many different characters; three of these different ways are: the possession of it, the fear of losing it, and the wanting of it. We first see the change of the characters when they have in possession of it throughout Gollum and Bilbo, then throughout the story we begin to see it in Frodo, but it will grow stronger and stronger every second of every day. Gollum wasn’t always this repulsive creature, but he was a regular hobbit named Smeagol; he was just another victim of the ring. He possessed the ring for approximately five hundred years, and not much of a surprise this ring ruined him fiscally and emotionally. The fist terrible thing he did for the possession of the ring was to kill his brother; then he went to a cave and stood there all alone with only the company of â€Å"his precious†, the ring of Sauron. He turned from this hobbit to an old deformed nasty creature who was kept alive because of the ring, he became a cannibal, he only lived to see that ring every day, and since the first time he saw the ring he was just another slave, another addict to that â€Å"drug†. He now has two sides, Gollum and Smeagol. Gollum was his nasty evil side who was created by the ring and the possession of it for so long, and Smeagol was his still hobbit side which was innocent and in a way bullied and ruled by Gollum; he was a slave in him own body and he couldn’t control himself anymore, because he was loosing sense of who he was. Some may say Gollum is pure evil and deserved to die, like Frodo said at the beginning of the story. We see in the story that Tolkien never referred to Gollum as Smeagol because even though he may fool others and even himself Gollum had evil in him, and that would never change. We also see changes in Bilbo Baggins, but not as big as a change like we see in Smeagol, maybe because Smeagol had it for a longer time and was all alone in a cave for several years. Bilbo’s change wasn’t so big, he had to feel the ring close to him always but he didn’t lose himself as much as Smeagol. This doesn’t change the fact that he was obsessed by the ring. In â€Å"The Fellowship of the Ring† we see Bilbo’s change when Gandalf asks him to leave to ring to Bilbo as he has left everything else, and because of that Bilbo shouts to Gandalf, â€Å"Well, if you want the ring yourself say so! But you won’t get it. I won’t give my Precious away, I tell you.†(p. 34). This is when we see that hint of Gollum in Bilbo, when he calls the ring his Preci ous, a clear sign that he is transforming into Gollum one day at a time. Gandalf was very shocked and got very angry because he could not believe what he heard and how his old friend Bilbo believes he was convincing him to leave the ring for his own pleasure, when he was only trying to convince him so that he would not turn into Gollum or anything near him (but he almost did). He finally left the ring to his nephew, but with Frodo we don’t actually see a change in him throughout these two books but we do see how the ring is temping him to put it on so Sauron can find it, we also see how Frodo is very protective of the ring, such as Bilbo and Gollum, who thought that everyone was going to take it away from them (and sometimes, actually most of the time it was a true feeling). Another change we see because of this addiction is the fear of losing it. Like all Drug addicts, when you don’t have the drug, and you desperately need it you transform into another person who would do anything to have the â€Å"drug† (in this case the ring); again, the best example for this is Gollum who even after losing the ring always followed Frodo through the entire story with the hope of having the chance of taking the ring back so he can again be with â€Å"his preciousâ€Å". In the book we see that in many parts Frodo and others of the company like Gandalf and Strider see a shadow of a creature following them and in time Gandalf explained that it is actually Gollum. He will never accept the fact that the ring is with someone else because he needs it, he needs his drug. Finally the last type of addiction we see is the wanting of the ring. We see this addiction in many characters, even in people in the company of the ring especially in Boromir the general of Gondor. We see the this need of Boromir in taking the ring away from Frodo mostly at the end of the story when he transforms himself into this violent person because he wanted the ring from Frodo supposedly to save his people. Two of the most impressive changes we see in Gandalf and Galadriel, but their wills were strong enough to pass the test and succeed in denying the ring. In Gandalf we see it at the beginning of the story when Frodo was very scared and offers Gandalf this powerful ring. Even though he was very tempted by the ring in the book he said, â€Å"No! With that power I should have power too great and terrible. And over me the ring will gain a power still greater and more deadly† (p. 61). This showed how strong he really was and with this he passed the test. With Galadriel we see it later in the book when Frodo said to her, â€Å"You are wise and fearless and fair, Lady Galadriel. I will give you the one ring if you ask for it.† (p. 365). After this she explains that her heart desires the ring very much and now she is being offered it freely by Frodo and then she said, â€Å"†¦And I shall not be dark, but beautiful and terrible as the morning and the night! Fair as the sea and the sun and the snow upon the mountain! Dreadful as the storm and the lightning! Stronger than the foundations of the earth. All shall love me and despair.†(p. 365). She transformed herself as the ring was trying to control her, but she managed to control the urge of having the most powerful ring and passed the test. An addict can only save himself with the elimination of the drug and a strong will power to continue without it; this also applies to this powerful ring of Sauron; the only way to overcome this wanting is to have these qualities and much more. Because the ring is so powerful one person alone cannot succeed in destroying it, this is why the company of the ring was created. Throughout the story many people wanted Frodo to fail just so they could get the ring, this was how strong the addiction was, but there would always be those who their will power was strong enough to succeed, and those few are the ones who will accompany you to the end; these few are a need in adventures like this, because the ring is so powerful that one person alone cannot do the job. In this case it was Samwise Gamgee who told Frodo in the story when he was planning to leave, â€Å"†¦All alone and without me to help you? I couldn’t have a borne it, it’s have been the death of me.†(p.406). T he little hobbit demonstrated how friendship can overcome any addiction in the world and that with the help of a true friend we can overcome every struggle and every blinding need that we would ever have. References: Tolkien J.R.R. (2005). The Lord of the Rings (50th anniversary). Houghton Mifflin Harcourt

Our Individual Identity Is Determined by What Others Think...

Identity and belonging - Expository Essay Our individual identity is determined by what others think of us. Our identity is comprised of inner qualities and outer representations of self. It consists of innumerable defining characteristics that make up the whole of who we are in any given moment. These fragments of self include our sexuality, gender, and sense of belonging to a particular culture, nation, religion, family, or some other group. Our identity includes our looks, personality, beliefs and fears. Each individual in society assigns themselves a particular role, whether it be as a mother, brother, retiree, performer, sportsman or as a part of their occupation, a doctor or lawyer. Often one’s entire sense of self is consumed by†¦show more content†¦Today more than ever we are being increasingly conditioned, influenced and bombarded by a multitude of messages and experiences about who to be and how to be. Current forms of social communication processes, particularly mainstream media, advertising, television and film, along with family, friends, teachers, political ag endas, religion, society’s rules, our perceptions, perspectives, interpretations and assumptions, and those of others, all play a part in creating our identity. †¨We seek and create our identity through these external influences, we all wear these masks and cloaks, so that we fit in with the world around us. The degree to which we choose our identity, versus having it imposed on us via external influence, is arguably a matter of consciousness and awareness. When we are unaware of the power of external influence we are akin to pieces of clay, being unconsciously molded to fit into the accepted or preferred norms of someone else’s reality. When we are aware we can take responsibility for the creation of our identity. We can make empowered choices that best serve our selves, rather than serve people and systems outside of ourselves. In Unpolished Gem, society plays a daunting role on Alice as she tries to change her way of thinking from a Chinese-Cambodian way of thi nking to a very different Australian way of thinking. As Alice starts her newShow MoreRelatedThe concept of social identity, social class,gender and ethnicity.1635 Words   |  7 PagesSocial Identity is the understanding of who we are, and reciprocally, other peoples understanding of themselves. Richard Jenkins believed that this social identity is achieved through socialization within social groups. He argued that by placing themselves in the role of others, people, particularly children, gain a greater understanding of the role that they should play. For example, a six-year-old girl playing mommy with her dolls will, as she gets into the role, begin to understand what a motherRead MoreCommunication through Fashion1777 Words   |  7 Pages1. Identity is peoples concepts of who they are, of what sort of people they are, and how they relate to others (Hogg and Abrams: 1988: 2) To gain knowledge of how we communicate to others through the way we dress, we have to first understand what identity is. Identity is what we choose to represent ourselves as, be that a gender identity, a sexual identity; it is completely up to the individual as a person to make that choice. Identity forms the basis of one’s pride and being accepted sociallyRead MoreNegritude Positive?1108 Words   |  5 Pagesmust we waste our time searching for our racial identity, heritage, and culture? Why waste our precious time searching for racial identity, when we could use that time to fight for equality between the races? 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I will be using symbolic interactionRead MoreEssay about To Belong Not Necessarily to Identify1306 Words   |  6 PagesNECESSARILY TO IDENTIFY WITH IT In our social life, each person has one’s own roles and responsibilities, attitudes and values. Since every individual is unique and distinct compared to one another, these elements that construct our individuality are not always similar. Similarities and reflection of our values make us belong to a group, but the differences are barriers that stop ourselves from being recognized as an indivisible part of it. Belonging and identity are inseparable; nonetheless, thereRead MoreJohn Hick argues that human beings are psychophysical persons938 Words   |  4 Pagesevidence for life after death. He says the soul cannot be destroyed, unlike the body. Hicks believe man is not an immortal soul attached to a predetermined body, but man is a mortal with a psychophysical life that has to rely on God. To explain what Hicks means, he uses John Smith, a man who disappears from the U.S. and is the same person in India at the same time. Since John Smith is exactly the same people would ha ve to accept him as such. Hick then proceeds to say that if John Smith diedRead MoreEvaluate the Claim That Identity Is Determined by Relationships1699 Words   |  7 Pagesclaim that Identity is determined by relationships Essay Plan First Paragraph Introduction Define Identity Quote Changing identities Gender identity Mines (DVD) Second Paragraph New mothers Gous quote Quote pg 254, 269 and 265 Body image Racial – Fanon - 278 Third Paragraph Social psychology Michael Billig – quote 274 National Identity – 212 Freud - quote Fourth Paragraph Conclusion Quote – 252 Erik Erikson Evaluate the claim that Identity is determined by relationships Read MoreThe Brain And Mind Identity1608 Words   |  7 Pageshave a mind? The brain sends and receives information by electrical impulses around the human body allowing us to see, move, feel, hear and think. If the brain is removed from the human body these impulses will cease, thus there will be no mind. Philosophers like Place, Smart, and Armstrong support this claim through the notion of identify theory and type physicalism. Brain and mind identity is a very controversial topic with some philosophers arguing that because people can have knowledge of a specific

The Story of Space Chimps

It might come as a surprise to learn that the first living beings to fly to space werent humans, but instead were primates, dogs, mice, and insects. Why spend time and money to fly these beings to space?   Flying in space is a dangerous business. Long before the first humans left the planet to explore low-Earth orbit and go to the Moon, mission planners needed to test the flight hardware. They had to work out the challenges of getting humans safely to space and back, but didnt know whether or not humans could survive long periods of weightlessness or the effects of hard acceleration to get off the planet. So, U.S. and Russian scientists used monkeys, chimps, and dogs, as well as mice and insects to learn more about how living beings could survive the flight. While chimps no longer fly, smaller animals such as mice and insects continue to fly in space (aboard the ISS).   The Space Monkey Timeline Animal flight testing didnt begin with the Space Age. It actually started about a decade earlier. On June 11, 1948, a V-2 Blossom was launched from White Sands Missile Range in New Mexico carrying the first monkey astronaut, Albert I, a rhesus monkey. He flew to over 63 km (39 miles) but died of suffocation during the flight, an unsung hero of animal astronauts. Three days later, a second V-2 flight carrying a live Air Force Aeromedical Laboratory monkey, Albert II, got up to 83 miles (technically making him the first monkey in space). Unfortunately, he died when his craft crash-landed on re-entry. The third V2 monkey flight, carrying Albert III launched on September 16, 1949. He died when his rocket exploded at 35,000 feet. On December 12, 1949, the last V-2 monkey flight was launched at White Sands. Albert IV, attached to monitoring instruments, made  a successful flight, reaching 130.6 km., with no ill effects on Albert IV. Unfortunately, he also died on impact.   Other missile tests took place with animals, too. Yorick, a monkey, and 11 mouse crewmates were recovered after an Aerobee missile flight up to 236,000 feet at Holloman Air Force Base in southern New Mexico. Yorick enjoyed a bit of fame as the press covered his ability to live through a space flight. The next May, two Philippine monkeys, Patricia and Mike, were enclosed in an Aerobee. Researchers placed Patricia in a seated position while her partner Mike was prone, to test the differences during rapid acceleration. Keeping the primates company were two white mice, Mildred and Albert. They rode to space inside a slowly rotating drum. Fired 36 miles up at a speed of 2,000 mph, the two monkeys were the first primates to reach such a high altitude. The capsule was recovered safely by descending with a parachute. Both monkeys moved to the both at the National Zoological Park in Washington, DC and eventually died of natural causes, Patricia two years later and Mike in 1967. Theres no reco rd of how Mildred and Albert did.   The USSR Also Did Animal Testing in Space Meanwhile,  the USSR watched these experiments with interest. When they started experiments with living creatures, they primarily worked with dogs. Their most famous animal cosmonaut was Laika, the dog. (See Dogs in Space.) She made a successful ascent, but died a few hours later due to extreme heat in her spacecraft.   The year after the USSR launched Laika,  the U.S. flew Gordo, a squirrel monkey, 600 miles high in a Jupiter rocket. As later human astronauts would, Gordo splashed down in the Atlantic ocean. Unfortunately, while signals on his respiration and heartbeat proved humans could withstand a similar trip, a flotation mechanism failed and his capsule was never found. On May 28, 1959, Able and Baker were launched in the nose cone of an Army Jupiter missile. They rose to an altitude of 300 miles and were recovered unharmed. Unfortunately, Able did not live very long as she died from complications of surgery to remove an electrode on June 1. Baker died of kidney failure in 1984 at the age of 27. Soon after Able and Baker flew, Sam, a rhesus monkey (named after the Air Force School of Aviation Medicine (SAM)), launched on December 4th on board the  Mercury spacecraft. Approximately one minute into the flight, traveling at a speed of 3,685  mph, the Mercury capsule aborted from the Little Joe launch vehicle. The spacecraft landed safely and Sam was recovered with no ill effects. He lived a good long life and died in 1982. Sams mate, Miss Sam, another rhesus monkey, was launched on January 21, 1960. Her  Mercury capsule attained a velocity of 1,800  mph and an altitude of nine miles. After landing in the Atlantic Ocean, Miss Sam was retrieved in overall good condition.   On January 31, 1961, the first space chimp was launched. Ham, whose name was an acronym for  Holloman  Aero  Med, went up on a Mercury  Redstone rocket  on a sub-orbital flight very similar to Alan Shepards. He splashed down in the Atlantic Ocean sixty miles from the recovery ship and experienced a total of 6.6 minutes of  weightlessness  during a 16.5-minute flight. A post-flight medical examination found Ham to be slightly fatigued and dehydrated. His mission paved the way for the successful launch of Americas first human astronaut, Alan B. Shepard, Jr., on May 5, 1961. Ham lived at the Washington Zoo until September 25, 1980. He died in 1983, and his body is now at the International Space Hall of Fame in Alamogordo, New Mexico. The next primate launch was with Goliath, a one-and-a-half-pound squirrel monkey. He was launched in an Air Force Atlas E rocket on November 10, 1961. He died when the rocket was destroyed 35 seconds after launch. The next of the space chimps was Enos. He orbited Earth on November 29, 1961, aboard the  NASA  Mercury-Atlas rocket. Originally he was supposed to orbit the Earth three times, but due to a malfunctioning thruster and other technical difficulties, flight controllers were forced to terminate Enos flight after two orbits. Enos landed in the recovery area and was picked up 75 minutes after splashdown. He was found to be in good overall condition and both he and the  Mercury  spacecraft performed well. Enos died at Holloman Air Force Base 11 months after his flight. From 1973 to 1996, the Soviet Union, later Russia, launched a series of life sciences satellites called  Bion. These missions were under the  Kosmos  umbrella name and used for a variety of different satellites including spy satellites. The first  Bion  launch was Kosmos 605 launched on October 31, 1973.   Later missions carried pairs of monkeys.  Bion 6/Kosmos 1514  was launched December 14, 1983, and carried Abrek and Bion on a five-day flight.  Bion 7/Kosmos 1667  was launched July 10, 1985 and carried the monkeys Verny (Faithful) and Gordy (Proud) on a seven-day flight.  Bion 8/Kosmos 1887  was launched September 29, 1987, and carried the monkeys Yerosha (Drowsy) and Dryoma (Shaggy).   The age of primate testing ended with the Space Race, but today, animals still fly to space as part of experiments on board the International Space Station. They are usually mice or insects, and their progress in weightlessness is carefully charted by the astronauts working on the station.   Edited by Carolyn Collins Petersen.

Apple Marketing Portfolio Mac Computers Essay - 1240 Words

Apple Marketing Portfolio: Mac Computers Apple is a multibillion-dollar company that we thought would be very useful to analyze since they have had so much success with their products and marketing techniques, specifically the Mac computers. We saw the opportunity to learn a lot from their different marketing approaches and strategies with their computers against the competitors. Steven Jobs and Stephen Wosniak created Apple in 1976. The two young entrepreneurs probably would have never thought their company would be so successful. They first came out with a microcomputer, which was used mostly by hobbyists and had little success. It wasn’t until 1977 when Jobs and Wosniak introduced to the world the Apple 2 that they tasted any form†¦show more content†¦Constantly hard at work to develop new ways to simplify their computers the two men introduced the first I-Mac in 1998, a computer that would change the tech world forever. Since the I-Mac, Apple has been constantly r evamping, recreating, adding bells and whistles and simplifying their computers in the best ways they can find. They not only became successful with their I-Mac but Apple decided in 2001 to come out with other Apple products such as the I-pod, different computer software, I-tunes, and most recently the company has come out with the ever so popular I-phone, a phone that combines the features of numerous electronic devices. The ever-expanding business has grown and has been recognized worldwide as the leader in computer design. Making the Apple even more appealing to more consumers it has recently partnered up with Intel, allowing for PC users to switch over to Macs with ease. Apple seems to have their marketing strategies and techniques down to a science. They seem to manage uncontrollable marketing pressures in areas such as social, economic, technological, competitive and legal challenges with success. Social Environment: Apple has researched the uncontrollable social environment s o effectively that they perhaps border on controlling it. There ability to adapt to changes in social pop-culture, and appeal to the current times and trends have earned them the sales they most definitely deserve. One cannot not deny theShow MoreRelatedApple Inc. : An American Technology Company Operating Worldwide1130 Words   |  5 PagesApple Inc. Apple Inc. is an American technology company operating worldwide. It was created by Steve Jobs, Steve Wozniak, and Ronald Waynein in 1976 in Cupertino, California where its headquarters are still located. The company currently designs, develops, and sells consumer electronics, computer software, and online services. Apple Inc. was originally founded with the aim to develop and sell personal computers. On January 3, 1977 the company was incorporated as Apple Computer, Inc. and on JanuaryRead MoreApple Inc. Steve Jobs1431 Words   |  6 Pages APPLE INC. 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HalfRead MoreMarketing Research Assignment : The Apple Inc1714 Words   |  7 PagesMarketing Research Assignment Advancement in technology has been on the rise for the last couple of decades; in that aspect many companies have adopted the latest technological advancement in order to be able to remain relevant to customer demand. Some firms have ventured into the production of a device to enable people access to some of the technological advancement. One such firm that has adopted the technological advancement into the production of a device that can enable one to enjoy these advancementsRead MoreAnalyzing And Evaluating Apple Inc.1179 Words   |  5 PagesIn examining and evaluating Apple Inc.’s 10-K report, filed with the United States Securities and Exchange Commission, we set out to provide a financial analysis of the company and develop a broad audit plan. We provide a breakdown of the company’s industry, primary products, raw materials used, sales, assets, number of employees, location, key economic factors related to the industry, strengths, weaknesses, opportunities, and threats, as well as an analysis of Apple’s financial strength. SecondlyRead MoreWhat Is Research To Address Problems And Issues1041 Words   |  5 Pagesreached. Apple Inc. Apple Inc. is a very interesting and large company that mainly focuses on designing, manufacturing, and marketing of media and mobile communication devices and personal computers. The company also sells a wide range of related software, networking solutions, peripherals, services, and third-party applications and digital content (Apple Inc, 2014). Accordingly, the company offers its target market with a wide range of services and products such as Apple TV, iPod, Mac, iPad, iPhone

Business Law Exemption Clause Free Essays

An exemption is a clause in a contract that exempts or removes liability from one or both parties in certain circumstances. Exemption clauses are used frequently in business organization contract. These clauses apportion risk between the parties concerned and the law upholds them, assuming the parties negotiated them while drafting the contract 2. We will write a custom essay sample on Business Law: Exemption Clause or any similar topic only for you Order Now The two ways in which exemption clauses can be incorporated in a contract are: (1) Incorporation by notice and (2) Incorporation by signature. 3. I would first ask X if he was notified of the hotel’s policy while, he was checking in. If He was informed of a policy to secure valuables at the front desk, then he was responsible for his losses and Y had no obligation to reimburse him for his losses. However, if he was not informed of Y’s policy on securing valuables while checking in then he was entitled to be reimburses by Y. He is entitled for reimbursement because the notice in the room did not form part of the contract between himself and Y. He became aware of this policy after the contract was made and therefore it cannot form part of the contract. Y is therefore responsible for replacing his valuables. 4. Tim went to Danto Auto Rental to rent a minivan for his family trip in Maxboro Estate. He was notify that the Danto Auto Rental is not responsible for any damages inflicted to any occupant of the minivan cause by mechanical problems or any vehicle accident. Tim signed the document exempting Danto Auto Rental from liability case by mechanical problems or any vehicle accident. For an exemption to be upheld there must be sufficient notice of the exemption or the exemption must be incorporated by signature. This means that the exemption must be in a contract signed by both parties or a party must be made aware of the exemption clause in reasonable time or at the time of the contract. In this case the contract was made when Tim sign the rental documents. 5. An exemption clause must satisfy both the common law and statutory criteria. The courts in recent cases have, however, tended to concentrate on the statutory criteria. . Misrepresentation is: A statement of fact made by one party to contract (the representor) to the other (the representee) which, while not forming a term of the contract, is one of the reasons that induces the representee to enter into the contract. 7. In a misrepresentation case, for the courts to make its decision, it generally looks for the following two things in the representor’s statement: (1) Statement of fact and (2) Induceme nt. 8. In a case of Tim v Roy – T Company build concrete houses with plycemet backing instead of blocks. The marketing department of the company, market the houses as fully concrete. R purchase one of the houses from T Company at the cost you would pay for a fully concrete house. After living in the house for a month R found out that the house was not fully concrete. The plaintiff sued on grounds that he bought the house from the company because he thought the company was building fully concrete houses and he was deceived when they did not. In this case the information given by the Marketing department was of a fraudulent one therefore it was a fraudulent misrepresentation. When proving a fraudulent misrepresentation the plaintiff have to prove that the representor acted in a fraudulent manner or that they made the statement knowingly or without belief it was true or recklessly. All of the above was proven. Tanya’s Boutique v. Andrea Collins – In this case, Tanya gave wrong information concerning the originality and make of the dresses she sold in her boutique. This information was given based on facts that she got from the Dictoria Secret weekly which have a reputation from outstanding information on quality dresses. Andrea later found out that the dresses she bought was a knock-off and not an original. She returned the dresses and requested that her money be return. Tanya refused to return the money. In the case, the misrepresentation by Tanya could be classified, as innocent misrepresentation because she believed the dresses were original. Therefore, her burden had been discharge and her representation could be classified as innocent misrepresentation. 9. (a)(b)(c) Type of MisrepresentationRemedies Available 1FraudulentRescission damages 2Negligent (common law)Damages only 3Negligent (representor must show reasonable grounds to believe in the truth of the statement)Rescission damages 4InnocentRecession Indemnity 0. 1. Indemnity – Compensation for wrong done, or trouble, expense or loss incurred. An undertaking usually by deed to indemnify another. An indemnity can only claimed for loss arising from the entering into the contract and not for any consequential loss, which can only be claimed as damages. 2. Damages – The pecuniary satisfaction awarded by a judge or j ury in a civil action for the wrong suffered by the plaintiff. (Exemplary damages; nominal damages) Damages can be assessed either on a reliance basis or on an expectation basis. 3. Rescission – Putting a contract to an end or voiding a contract usually caused by some type of misrepresentation. It is an equitable remedy and therefore discretionary. It can be loss because of reaffirmation, lapse of time; restitution is no longer possible and a third party has gained an interest. Rescission can be lost where the subject matter of the contract cannot be restored to the representor, and where a third party has gained an interest in the goods. 4. Onus – Burden of proof 5. Contra Proferentem rule – States that any doubt or ambiguity in the wording of a clause will be construed against the person seeking to rely on it. How to cite Business Law: Exemption Clause, Papers

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# 8211 ; The Demise Of Intellectual Property Essay, Research Paper Sam Vaknin # 8217 ; s Psychology, Philosophy, Economics and Foreign Affairs Web SitesThree old ages ago I published a book of short narratives in Israel. The publication house belongs to Israel? s taking ( and extremely affluent ) newspaper. I signed a contract which stated that I am entitled to have 8 % of the income from the gross revenues of the book after committees collectible to distributers, stores, etc. A few months subsequently, I won the desired Prize of the Ministry of Education ( for abruptly prose ) . The choice money ( a few thousand DMs ) was snatched by the publication house on the legal evidences that all the money generated by the book belongs to them because they own the right of first publication. In the mythology generated by capitalist economy to lenify the multitudes, the myth of rational belongings stands out. It goes like this: if the rights to rational belongings were non defined and enforced, commercial enterprisers would non hold taken on the hazards associated with publication books, entering records and fixing multimedia merchandises. As a consequence, originative people will hold suffered because they will hold found no manner to do their plants accessible to the populace. Ultimately, it is the public which pays the monetary value of buccaneering, goes the chorus. But this is factually untrue. In the USA there is a really limited group of writers who really live by their pen. Merely choice instrumentalists eke out a life from their noisy career ( most of them rock stars who own their labels? George Michael had to contend Sony to make merely that ) and really few histrions come near to deducing subsistence flat income from their profession. All these can no longer be thought of every bit largely originative people. Forced to support thie rational belongings rights and the involvements of Big Money, Madonna, Michael Jackson, Schwarzenegger and Grisham are business communities at least every bit much as they are creative persons. Economically and rationally, we should anticipate that the costlier a work of art is to bring forth and the narrower its market? the more its rational belongings rights will be emphasized. See a publication house. A book which costs 50,000 DM to bring forth with a possible audience of 1000 buyers ( certain academic texts are like this ) ? would hold to be priced at a a lower limit of 100 DM to reimburse merely the direct costs. If illicitly copied ( thereby shriveling the possible market? some people will prefer to purchase the cheaper illegal transcripts ) ? its monetary value would hold to travel up prohibitively, therefore driving out possible purchasers. The narrative is different if a book costs 10,000 DM to bring forth and is priced at 20 DM a transcript with a possible readership of 1,000,000 readers. Piracy ( illegal copying ) will in this instance have been more readily tolerated as a fringy phenomenon. This is the theory. But the facts are tellingly different. The less the cost of production ( brought down by digital engineerings ) ? the fiercer the conflict against buccaneering. The bigger the market? the more force per unit area is applied to clamp down on the underground press enterpriser. Governments, from China to Macedonia, are presenting rational belongings Torahs ( under force per unit area from rich universe states ) and implementing them tardily. But where one mill is closed on shore ( as has been the instance in mainland China ) ? two sprout off shore ( as is the instance in Hong Kong and in Bulgaria ) . But this defies logic: the market today is immense, the costs of production and lower ( with the exclusion of the music and movie industries ) , the selling channels more legion ( half of the income of film studios emanates from picture cassette gross revenues ) , the speedy recouping of the investing virtually guaranteed. Furthermore, buccaneering thrives in really hapless markets in which the population would anyhow non hold paid the legal monetary value. The illegal merchandise is inferior to the legal transcript ( it comes with no literature, guarantees or support ) . So why should the large makers, publication houses, record companies, package companies and manner houses worry? The reply lurks in history. Intellectual belongings is a comparatively new impression. In the close yesteryear, no one considered cognition or the fruits of creativeness ( art, design ) as? patentable? , or as person # 8220 ; belongings? . The creative person was but a mere channel through which godly grace flowed. Texts, finds, innovations, plants of art and music, plan? all belonged to the community and could be replicated freely. True, the chosen 1s, the conduits, were honoured but were seldom financially rewarded. They were commissioned to bring forth their plants of art and were salaried, in most instances. Merely with the coming of the Industrial Revolution were the embryologic precursors of rational belongings introduced but they were still limited to industrial designs and procedures, chiefly as embedded in machinery. The patent was born. The more massified the market, the more sophisticated the gross revenues and selling techniques, the bigger the fiscal bets? the larger lo omed the issue of rational belongings. It spread from machinery to plan, procedures, books, newspapers, any printed affair, plants of art and music, movies ( which, at their beginning were non considered art ) , package, package embedded in hardware and even unto familial stuff. Intellectual belongings rights? despite their baronial rubric? are less about the mind and more about belongings. This is Large Money: the markets in rational belongings outweigh the entire industrial production in the universe. The purpose is to procure a monopoly on a specific work. This is an particularly sedate affair in academic publication where small- circulation magazines do non let their content to be quoted or published even for non-commercial intents. The monopolizers of cognition and rational merchandises can non let competition anyplace in the universe? because theirs is a universe market. A plagiarist in Skopje is in direct competition will Charge Gates. When selling a pirated Microsoft merchandise? he is striping Microsoft non merely of its income, but of a client ( =future income ) , of its monopolistic position ( inexpensive transcripts can be smuggled into other markets ) and of its competition-deterring image ( a major monopoly continuing plus ) . This is a menace which Microsoft can non digest. Hence its attempts to eliminate buccaneering # 8211 ; successful China and an arrant failure in legally-relaxed Russia. But what Microsoft fails to understand is that the job lies with its pricing policy? non with the plagiarists. When faced with a planetary market place, a company can follow one of two policies: either to set the monetary value of its merchandises to a universe norm of buying power? or to utilize discretional pricing. A Macedonian with an mean monthly income of of 160 USD clearly can non afford to purchase the Encyclopaedia Encarta Deluxe. In America, 100 USD is the income generated in mean twenty-four hours # 8217 ; s work. In Macedonian footings, hence, the Encarta is 20 times more expensive. Either the monetary value should be lowered in the Macedonian market? or an mean universe monetary value should be fixed which will reflect an norm planetary buying power. Something must be done about it non merely from the economic point of position. Intellectual merchandises are really monetary value sensitive and extremely elastic. Lower monetary values will be more than compensated for by a much hello gher gross revenues volume. There is no other manner to explicate the plagiarist industries: obviously, at the right monetary value a batch of people are willing to purchase these merchandises. High monetary values are an inexplicit tradeoff favoring little, elect, choice, rich universe patronage. This raises a moral issue: are the kids of Macedonia less worthy of instruction and entree to the latest in human cognition and creative activity? Two developments threaten the hereafter of rational belongings rights. One is the Internet. Academicians? fed up with the monopolistic patterns of professional publications # 8211 ; already print at that place in large Numberss. I published a few book on the Internet and they can be freely downloaded by anyone who has a computing machine or a modem. There are electronic magazines, trade diaries, hoardings, professional publications, thousand of books are available full text. Hackers even made sites available from which it is possible to download whole package and multimedia merchandises. It is really easy and inexpensive to print in the Internet, the barriers to entry are virtually nil, excuse the wordplay. Web references are provided free of charge, authoring and printing package tools are incorporated in most word processors and browser applications. As the Internet acquires more impressive sound and picture capablenesss it will continue to endanger the monopoly of the record comp anies, the film studios and so on. The 2nd development is besides technological. The oft-vindicated Moore? s jurisprudence predicted the doubling of computing machine memory capacity every 18 months. But memory is merely one facet. Another is the rapid coincident progress on all technological foreparts. Miniaturization and coincident authorization of the tools available has made it possible for persons to emulate much larger scale organisations successfully. A individual individual, sitting at place with 5000 USD worth of equipment can to the full vie with the best merchandises of the best printing houses anyplace. Compact disc read-only memory can be written on, stamped and copied in house. A complete music studio with the latest in digital engineering has been condensed to the dimensions of a individual package. This will take to personal publication, personal music recording and the digitisation of fictile art. But this is merely one side of the narrative. The comparative advantage of the rational belongings corporation was non to be found entirely in its technological art. Rather it was in its huge pool of capital and its selling clout, market placement, gross revenues and distribution. Nowadays, anyone can publish an visually impressive book, utilizing the above-named inexpensive equipment. But in an age of an information oversupply, it is the selling, the media runs, the distribution and the gross revenues that used to find the economic result. This advantage, nevertheless, is besides being eroded. First, there is a psychological displacement, a reaction to the commercialisation of mind and spirit. Creative people are repelled by what they regard as an oligarchic constitution of institutionalised, lowest common denominator art and they are contending back. Second, the Internet is a immense ( 200 million people ) , genuinely widely distributed market with its ain selling channels freely available to all. Even by default, with a minimal investing, the likeliness of being seen by surprisingly big Numberss of consumers is high. I published one book the traditional manner? and another on the Internet. In 30 months, I have received 2500 written responses sing my electronic book. This means that good over 75,000 people read it ( the industry norm is a 3 % response rate and my Link Exchange metre indicates that 160,000 people visited the site by February 2000, with good over 630,000 feelings in the last 15 months entirely ) . It is a text edition ( in abnormal psychology ) ? and 75,000 people ( allow entirely 160,000 ) is a batch for this sort of publication. I am so satisfied that I am non certain that I will of all time see a traditional publishing house once more. Indeed, my following book is being published in the really same manner. The death of rational belongings has recently become copiously clear. The old rational belongings industries are contending tooth and nail to continue their monopolies ( patents, hallmarks, right of first publication ) and their cost advantages in fabrication and selling. But they are faced with three grim procedures which are likely to render their attempts vain: The Newspaper Packaging Print newspapers offer package trades of subsidised content ( sold for a nominal sum ) and subsidising advertisement. In other words, the advertizers pay for content formation and coevals and the reader has no pick but be exposed to commercial messages as he or she surveies the contents. This theoretical account # 8211 ; adopted earlier by wireless and telecasting # 8211 ; regulations the cyberspace now and will govern the radio cyberspace in the hereafter. Content will be made available free of all monetary charges. The consumer will pay by supplying his personal informations ( demographic informations, ingestion forms and penchants and so on ) and by being exposed to advertisement. Therefore, content Godheads will profit merely by sharing in the advertisement bar. They will happen it progressively hard to implement the old theoretical account of royalties paid for entree or ownership of rational belongings. The venerable ( and expensive ) # 8220 ; Encyclopaedia Britannica # 8221 ; is now to the full available online, free of charge. Its largesse is supported by advertisement. Disintermediation A batch of ink has been spilt sing this of import tendency. The remotion of beds of brokering and intermediation # 8211 ; chiefly on the fabrication and selling degrees # 8211 ; is a historic development ( though the continuance of a long term tendency ) . See music for case. Streaming sound on the cyberspace or MP3 files which the consumer can download will render the Cadmium obsolete. The cyberspace besides provides a locale for the selling of niche merchandises and reduces the barriers to entry antecedently imposed by the demand to prosecute in dearly-won selling ( # 8221 ; branding # 8221 ; ) runs and fabrication activities. This tendency is besides likely to reconstruct the balance between creative person and the commercial users of his merchandise. The very definition of # 8220 ; creative person # 8221 ; will spread out to include all originative people. Everyone will seek to separate oneself, to # 8220 ; trade name # 8221 ; himself and to auction her services, thoughts, merchandises, designs, experience, etc. This is a return to pre-industrial times when craftsmans ruled the economic scene. Work stableness will disappear and work mobility will increase in a landscape of switching commitments, caput hunting, distant coaction and similar labor market tendencies. Market FragmentationIn a disconnected market with a myriad of reciprocally sole market niches, consumer penchants and selling and gross revenues channels # 8211 ; economic systems of graduated table in fabrication and distribution are meaningless. Narrowcasting replaces broadcast medium, mass customization replaces mass production, a web of switching associations replaces the stiff owned-branch system. The decentralized, intrapreneurship-based corporation is a late response to these tendencies. The mega-corporation of the hereafter is more likely to move as a collective of start-ups than as a homogenous, unvarying ( and, to confederacy theoreticians, sinister ) steamroller it one time was.