The interrelationship of contract law and tort law in the area of remoteness of damage Free Essay Example, 2000 words

The law of contracts and the law of torts are separate and distinct, yet interrelated and connected by similarities. One such similarity are the rules regarding the remoteness of damages. The damages remoteness rules limits, in both contract and tort cases, the amount of compensatory damages for which a negligent defendant may be liable. This doctrine ensures that defendants are only liable for the damages that can fairly be attributed to him. In tort law, the rule regarding damages remoteness is that a defendant may not be liable for any damages that are reasonably foreseeable. 1 Similarly, the rule regarding damages remoteness in contract law is that a defendants liability is limited to any consequences that flow reasonably from the breach, or are contemplated by the parties. 2 Two cases that demonstrate this interconnectedness between the two bodies of law are Overseas Tankship Ltd v Morts Dock & Engineering Co Ltd, 3 a tort case that established the tort rule regarding remoteness of damages, and Hadley v Baxendale, 4 which is the contract counterpart to Overseas. Hadley v. We will write a custom essay sample on The interrelationship of contract law and tort law in the area of remoteness of damage or any topic specifically for you Only $17.96 $11.86/pageorder now Baxendale involved millers whose crank shaft had broken, and they called upon the defendants to deliver a crankshaft to repair. The defendants delayed sending the crankshaft to plaintiffs for seven days, when it was only supposed to take two. The plaintiffs milling operation ceased during the period this seven day period. Therefore, the plaintiffs sued for profits lost during the five extra days that the crankshaft was not delivered. The court ruled that the plaintiffs could not recover such loss, as it could not fairly and reasonably be considered to arise naturally from the breach. 5 Hadley established the basic rule for how to determine the scope of consequential damages arising from a breach of contract, and this rule is that parties should only be liable for all losses that ought to have been contemplated by the contracting parties, and those that arise naturally, in the ordinary course, from the breach. Hadleys basic rule regarding damages was modified to the composite test of 途easonably foreseeable as liable to resultin Victoria Laundry (Windsor) Ltd v Newman Industries Ltd (1949). 6 Victoria Laundry regarded a laundry which ordered a boiler from Newman Industries. Newman Industries delivered the boiler five months late. During this period of time, Victoria Laundry had to forego a lucrative contract with the ministry of supply, due to the Victoria Laundrys limited laundry cleaning capacity, which was a result of not having the boiler.

Beloved Essay - 2136 Words

Beloved Essay In the novel Beloved, Toni Morrison delves into not only her characters painful pasts, but also the painful past of the injustice of slavery. Few authors can invoke the heart-wrenching imagery and feelings that Toni Morrison can in her novels, and her novel Beloved is a prime example of this. Toni Morrison writes in such a way that her readers, along with her characters, find themselves tangled and struggling in a web of history, pain, truth, suffering, and the past. While many of Toni Morrisons novels deal with aspects of her characters past lives and their struggles with how to embrace or reject their memories, Beloved is a novel in which the past plays an exceptionally important role. Most often, it is Beloveds†¦show more content†¦However, upon seeing Sethe alive and well at 124, something unusual takes place within Paul D. The narrator tells us that Paul D, Â…could not account for the pleasure in his surprise at seeing Halles wife aliveÂ…The closed portion of his head opened like a greased lock (p 41). This is the first instance in the novel that Paul D sees Sethe, and immediately a portion of his body that he shut in an effort to keep from seeing, feeling, and thinking about his past, has opened. At this point, it is merely the sight of Sethe that causes Paul D to open a part of himself, however; later on in the novel, Paul D once again opens himself to Sethe through storytelling. On page 71, after discussing a painful memory of Sethes past, Paul D begins to tell Sethe a piece of an agonizing memory from his past. After some prompting from Sethe, Paul D attempts to tell Sethe his story of feeling dehumanized while he had an iron bit in his mouth. He remembers comparing himself to roosters, and feeling that the roosters were better, freer, and more in control than he was. Immediatley after Paul D decides to stop telling his story and talking about his feelings, we learn of the tobacco tin within his chest where he hides all the painful memories of the past. However, if we examine what has just happened through Sethes prompting and Paul Ds story telling, we find that Paul D is not as successful atShow MoreRelated Beloved Essay593 Words   |  3 Pages Beloved, like many of the other books we have read, has to deal with the theme of isolation. There was the separation of Sethe and Denver from the rest of the world. There was also, the loneliness of each main character throughout the book. There were also other areas of the book where the idea of detachment from something was obvious. People’s opinions about the house made them stay away and there was also the inner detachment of Sethe from herself. The theme that Toni Morrison had in mind whenRead More Character of Beloved in Toni Morrisons Beloved Essays2510 Words   |  11 PagesThe Character of Beloved in Toni Morrisons Beloved Perhaps one of the most important issues in Toni Morrisons award-winning novel Beloved is Morrisons intentional diversity of possible interpretations. However the text is looked at and analyzed, it is the variety of these multiple meanings that confounds any simple interpretation and gives the novel the complexity. The debate rages on over many topics, but one issue of central and basic importance to the understanding of the novel is definingRead MoreMemory in Beloved Essay1897 Words   |  8 Pagesemotional experience. Very often it is thoughtful that this neglecting and abandoning is the best way to forget. In Toni Morrison’s novel Beloved, memory is depicted as a dangerous and deliberating faculty of human consciousness. In this novel Sethe endures the oppression of self imposed prison of memory by revising the past and death of her daughter Beloved, her mother and Baby Suggs. In Louise Erdrich’s story Love Medicine, memory of death and the past is revealed careful ly among the charactersRead More Essay on Toni Morrisons Beloved - Symbol and Symbolism in Beloved1562 Words   |  7 PagesSymbolism in Beloved  Ã‚     In the novel Beloved, the author, Toni Morrison, attempts to promote a variety of different themes and ideas by symbolizing them in minor events and situations.   This symbolism is evident throughout the entire novel and is very crucial to the understanding and analyzing of the text.   A good example of this is the ice skating scene.   Morrison uses this scene to represent the slow, but consistent, deterioration of the family living in 124 and to foreshadow the ultimateRead MoreToni Morrisons Beloved Essays1058 Words   |  5 PagesIf ignorance is bliss, then why is it human nature to uncover the truth? In Toni Morrison’s Beloved, the character Denver uses knowledge to feed her craving in hopes that it will fill the void her mother unsuccessfully tried to satisfy with the blood of the past and too little milk. To understand these truths one must accept that Beloved is a physical representation of the past, Sethe embodies the present, and Denver exemplifies the futur e. Throughout the novel these three characters interact onRead More Toni Morrisons Beloved - Identity Essay1171 Words   |  5 PagesReview of Beloved: A Question of Identity  Ã‚   In her essay Beloved: A Question of Identity, Christina Davis discusses the issue of identity from an historical perspective, a textual perspective and an authorial perspective. She looks at the text in comparison to the slave narrative, explores how the text itself expresses issues of identity and describes Morrisons choices of authorship and their contribution to identity. Her exploration of the theme of identity calls upon the treatment ofRead More Essay on Toni Morrisons Beloved - Sethes Act of Filicide1653 Words   |  7 PagesSethes Act of Filicide in Beloved      Ã‚  Ã‚  Ã‚   Shortly after the publication of Beloved, Toni Morrison commented in an interview that Sethes murder of Beloved was the right thing to do, but she had no right to do it.... It was the only thing to do, but it was the wrong thing to do.1[1]   Does this remark prove the moral ambiguity of the infanticide, as Terry Otten argues?2[2]   Yes, it was right but wrong, and wrong but right.   However, the most important thing is that It was the only thing toRead More Memory in Toni Morrisons Beloved Essay806 Words   |  4 PagesMemory in Toni Morrisons Beloved       Memories are works of fiction, selective representations of experiences actual or imagined. They provide a framework for creating meaning in ones own life as well as in the lives of others. In Toni Morrisons novel Beloved, memory is a dangerous and debilitating faculty of human consciousness. Sethe endures the tyranny of the self imposed prison of memory. She expresses an insatiable obsession with her memories, with the past. Sethe is compelled to exploreRead More The Ghost of Toni Morrisons Beloved Essay1494 Words   |  6 PagesThe Ghost of Beloved One of the most engaging arguments about Toni Morrison’s book Beloved is centered around the nature of the girl Beloved. The argument is whether Beloved is simply a young woman who herself had suffered the horrors of slavery, or the ghost of Sethe’s crawling already? baby girl. The evidence shows that Morrison intended Beloved to be the ghost of the crawling already? girl. It has been said that there are basically two reasons why ghosts walk: they have eitherRead More Toni Morrisons Beloved: Not a Story to be Passed On Essay example5432 Words   |  22 PagesToni Morrisons Beloved: Not a Story to be Passed On Beloved, Toni Morrisons Nobel Prize winning novel, is a masterfully written book in which the characters must deal with a past that perpetually haunts them.   This haunting, in the form of a twenty year old ghost named Beloved, not only stalks them in the spirit, but also in the flesh.   Beloved, both in story and in character hides the truth in simple ways and convinces those involved that the past never leaves, it only becomes part of who

Essay on Socrates One of the Greatest Minds the World Has...

Inspiring. Enigmatic. Stubborn. Insightful. Truly one of the greatest minds the world has ever known was the philosopher, Socrates. Yet next to nothing is known for certain about him. This is because he didn’t bother to write any of his musings or teachings. However, most of what we know about Socrates today comes to us from the works of Socrates’ student, Plato. It is through many of his works that the ethical theories of Socrates can be learned and his methods known. WHO WAS HE? Socrates was a devoted student of human nature and human motives. As such, he was a passionate political commentator. The problem with this, of course, was that during that time, it could land one in jail, or worse, yet, dead. â€Å"The States are as the men are;†¦show more content†¦In addition, he never charged for his lectures, though most philosophers of his day did. It would seem that Socrates was something of a rebel as well. He was firmly opposed to the democratic administration at the time, which made him controversial in a political sense. Many parents of the students that Socrates lectured did not like their children learning such bizarre concepts and philosophies (Socrates: The Examiner, 2002). Of course, what happened, as could be predicted, was that his popularity with the younger Athenians was assured. To go to a lecture by Socrates was to thumb one’s nose at the establishment a bit. Eventually, he was charged with ‘corrupting the yout h’ and of interfering with religious practices, and in 399BC he was executed (Socrates: The Examiner, 2002). Many scholars at first tried to place Socrates in with the group of teachers of that era known as Sophists. But upon a closer look, Socrates departed from their philosophies by a wide margin. Socrates believed that there was such a thing as absolute morality whereas the sophists believed that morality was in the eyes of the beholder and to whom the action was perpetrated. WHAT DID HE BELIEVE? In Plato’s depiction of Socrates, the philosopher has extended conversations and arguments with various (fictitious) students, statesmen, and friends, with most of the endgame results being an attainment of virtue. Part of the reason that he was so disliked by the establishmentShow MoreRelatedSocrates And St. Augustines Views On Death1305 Words   |  6 Pagestoday’s population, it is feared in the utmost regard. Our materialistic views and constant desertion of religious ideals has forced our society to view death as an ultimate end. Socrates and St. Augustine’s views on death differ from many views on the subject in 2017, however, for their time, these men had the power to influence a plethora of individuals with their theories. For Socrates, death should never be feared and should be considered a blessing if our souls were to ascend to heaven, or death couldRead MoreGreece s Impact On The World1335 Words   |  6 Pagesbetter the world is to go back to the past and learn the ways of those who came before and learned from their mistakes; sort of like time traveling. When going back in time and comparing the ancient civilizations of Rome and Greece to today, the root of our knowledge is greatly influenced on the minds who have lived at that time. Some may ask which civilization had the most impact on United States and the world? Many would say that the Romans had the most impact on United States and the world and someRead MoreGreek Philosophy And The Greek Creation1593 Words   |  7 Pagesbefriend† and (Sophia), meaning â€Å"wisdom†; making philosophy stand for â€Å"the love of wisdom†. Philosophy is about understanding the fundamental truths about ourselves, the world in which we live in, and our relationships to the world and amongst each other. It is the study of general problems connected with existence, values, language, and mind. Those who study philosophy (philosophers), engage in as king, answering, and arguing their answers to life’s most basic questions. Philosophy is oftenRead More`` Xenophon s Goals Are Self Advertisedly Circumscribed1354 Words   |  6 Pagesis not to give a full account of Socrates’ trial or even a version of his entire speech of defense. ***Xenophon’s general intent was to defend Socrates by portraying him as encouraging young men to become like Xenophon himself - free from subjection to their own desires or the authority of an employer, mentally and physically self-disciplined, willing to follow their own good sense where applicable and oracles and divinations elsewhere ***Unlike Plato’s Socrates, who prefers to ask questions ratherRead MoreDefense on Socrates Essay1619 Words   |  7 PagesDefense on Socrates There are times in every mans life where our actions and beliefs collideÂâ€"these collisions are known as contradictions. There are endless instances in which we are so determined to make a point that we resort to using absurd overstatements, demeaning language, and false accusations in our arguments. This tendency to contradict ourselves often questions our character and morals. Similarly, in The Trial of Socrates (Platos Apology), Meletus fallacies in reason and his eventualRead More Defense of Socrates Essay1590 Words   |  7 PagesDefense of Socrates There are times in every mans life where our actions and beliefs collide—these collisions are known as contradictions. There are endless instances in which we are so determined to make a point that we resort to using absurd overstatements, demeaning language, and false accusations in our arguments. This tendency to contradict ourselves often questions our character and morals. Similarly, in The Trial of Socrates (Plato’s Apology), Meletus’ fallacies in reason and his eventualRead MoreSummary : Immortality Of The Soul 1542 Words   |  7 PagesPhaedo, also known to ancient readers as On the Soul, is one of greatest dialogues of Plato’s period. Phaedo centers itself around the death of Socrates. Throug Plato, Socrates lived on generations after his time. Phaedo begins with Socrates addressing his death and stating a true philosopher should look forward to death. He asserts that the soul is immortal and the philosopher spends his life training and detaching itself from the needs of the body. This topic, of â€Å"an immortal soul†, has continuedRead MoreGreece s Impact On The World1360 Words   |  6 Pagesbetter the world is to go back to the past and learn the ways of those who came before and learned from their mistakes; sort of like time traveling. When going back in time and comparing the ancient civilizations of Rome and Greece to today, the root of our knowledge are greatly influenced on the minds who have lived at that time. Some may ask which civilization had the most impact on United States and the world? Many would say that the Romans had the most impact on United States and the world and someRead MoreInnate Knowledge and Death1744 Words   |  7 PagesTapping into innate knowledge is a mystery that has baffled generations of learned men and women denying them the ability to state for certain and true that knowledge is liken unto a shared casserole at a family or company picnic; that everyone can reach within and draw forth the realization of corporeal understanding from the resources of disembodied knowledge and make the same their own. According to the Advanced English Dictionary, knowledge is â€Å"the psychological result of perception and learningRead MoreThe Soul Stays the Same in Plato1270 Words   |  6 Pagesâ€Å"I think, Socrates, he said, that on this line of argument any man, even the dullest, would agree that the soul is altogether more like that which always exists in the same state rather than like that which does not† (Plato, Phaedo 79e) In this paper I will argue that the soul is not necessarily unchanging and eternal, as many of Plato’s arguments would suggest otherwise. The main reasons in support of this claim are that there are questionable conclusions that Plato had reached that challenge the

The Evolution of the Concerto from Classical to Romantic Era free essay sample

Classical to the romantic era; producing changes within its instrumentation, form thematic material and rhythmic devices. The societal attitudes towards the composition and consumption of the concerto form also changed during this time. A concerto is an arrangement with solo works performed within the piece, alternating between a larger ensemble and the soloist.The root of its definition was believed to mean to skirmish with one another (Obeyed, 1957), this definition helps explain the idea of a concerto, it displays a notion that the soloist is skirmishing with the meander of the ensemble. The defining characteristic of a concerto is its arrangement. It has a contrast in sound between the orchestra and solo instruments or small ensembles, bouncing between the two or three even. There has been speculation that the concerto form was In fact a variation of the sonata form, yet this Is not the case (Simon, 1957).The sonata was believed to be Introduced around 1770, making the concerto, on a timeline, appear before the sonata form. In the early parts of the baroque period the concerto in its traditional form had not yet emerged (Simon, 1957), yet it was in the works, on its way. There were traces on concerto as far back as before 1550 (Obeyed, 1957). The Fantasia of Francesco dad Milan for two lutes labeled one of the lutes as Lout In concerto. In 1553, Diego Errol also published a piece that Included phrases such as . En concertina De values; concerted. .. Both these examples show that the concerto form was beginning to emerge, but of course it wasnt fully developed as such to the degree that we know it today, these were Just hints of its beginning. Starting out as a form of composition, In the early baroque period, the concerto Ross was one of the first standardized forms of the concerto form. It was introduced by Archangel Cornell and is of Roman origin. Coracles famous concerto gross work, Opus 6, may have been composed as far back as the mid to late 17th century, but was not published till after his death in 1714, some 30 years later, having died in 1713.This marked the first actual publication of the concerto gross genre dander, 1968). Coracles Opus 6 was comprised of entirely strings. The solo section known as the concertina that must be made of two violins and a cello. This soloist group then alternated with a larger group called the ripens, which usually consisted of two violins, a bass and a viola, of which the numbers can be increased; there was also sometimes a continuo. This was the standard instrumental setup for the concerto gross and other composers such as Handel used this. Bach was a prolific composer during the later parts of the baroque period, he was form. Most of these works were composed around 1720. Bach was the Experimentalist for Prince Leopold of Inhalant-Cotton during this period; this was also the period in Inch his wife died suddenly, perhaps striking inspiration. Many of Bachs concertos used additional and varied instrumentation to those of Cornell and the concerto gross form. They often had woodwind and brass instruments such as the oboe, recorder, trumpet and piccolo.There was no standard instrumentation for Bachs concertos, the instruments he used varied from piece to piece. To contrast this, Bachs concerto No. 1 used two horns, three oboes, a violin piccolo accompanied by the bassoon, a strings section (similar to a ripens) and a harpsichord (this concerto being his most complex). While his concerto No. 4 consisted of a violin and two recorders, accompanied by strings and a harpsichord. Bach used the harpsichord as solo concerto instrument also in some pieces such as his concerto No. 5 and his harpsichord concerto in d minor.This showed that the solo aspect of the concerto Nas not Just limited to the strings and earphones, straying from concerto gross traditional form. Bachs concertos usually had three movements also, differing from the four of Coracles opus 6. Knolling Amadeus Mozart also composed and published a significant number of concerto pieces in his time. As technology and instruments developed and changed, so did the contemporary concerto of that time. Mozart used Piano in his concerto, some even for soloist parts, rather that the outdated harpsichord.The Instrumentation for his Concerto No. 3, composed during the late classical era (circa 1800), consisted of 2 oboes, 2 flutes, 2 clarinets, 2 bassoons, 2 horns, a trumpet, timpani, a strings section and a soloist piano. This arrangement also contains scoring for the percussion instrument the timpani, also unlike the concertos from the early sasss. There is also a much more prominent woodwind section. He concerto form developed greatly from the seventeenth to eighteenth century, in arioso aspects.It changed in its instrumentation, form, thematic material and its rhythmic devices, yet the main defining characteristic, the soloist segments, remained. Archangel Cornell was known as the first to publish the concerto gross, one of the first concerto forms, later other composers developed and grew on this genre such as Bach, Beethoven, Mozart, Profile, Stravinsky, Bartok and many more all the Nay up to modern composers such as Barber. All these composers are responsible or the development and change of the concerto form and its devices.