International Contractual Principles Law †MyAssignmenthelp.com

Question: Discuss about the International Contractual Principles Law. Answer: Introduction: The key issue in this case relates to the formation of a contract between Ian and Amy on the basis of the Facebook advert. And, in case a contract has been formed, does that give Ian any remedies for a breach of contract on part of Amy? A contract is such a document through which one party promises to undergo a particular thing and the other party promises to pay the requisite consideration. A contract is an agreement, which has legal validity due to presence of certain elements in it (Blum 2007, p. 2). These elements include the elements of agreement, i.e., offer and acceptance, consideration, intention, capacity, consent and clarity (Miller Cross 2015, p. 257). When all of these elements come together, in a single agreement, the agreement transforms into a contract, which gets a legal validity and makes the contracting parties contractually obligated to perform the promise stated in the contract. There are different modes of forming a contract, for instance, by verbally exchanging the contractual terms, the contract can be formed. In the similar manner, by stating down on a document, the terms on which the contract is based, a written contract is formed (Mau, 2010 p. 5). The first step for creating a contract is the establishing the presence of agreement, i.e., offer and acceptance. An offer is the initiating point of the contract, where one party offers certain terms to another (Frey 2015, p. 29). It is important that an offer is clearly differentiated from an invitation to treat as there is a key difference between these two. The first major difference is that the invitation to treat shows that the parties want to start negotiating for the contract, whereas the offer shows that the parties want to get into a contract. Also, the offer is needed for contract formation compulsorily, whereas an invitation to treat is not present in every case. In order to understand the difference between an offer and an invitation to treat, the facts of the particular case have to be taken into consideration (Poole 2016, p. 37). In the case of Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401, the case of invitation to treat was established. This was due to the fact that the goods which are kept by the seller on their shop window were deemed as an invitation to treat and not an offer. This meant that the seller was not required to sell the products kept on shelf, as the same was not an offer till it was taken to the billing counter (E-Law Resources 2017a). Similarly, in the case of Partridge v Crittenden [1968] 2 All ER 421, the court held that the adverts which are given in magazines and newspapers are not an offer and in general are to be taken as an invitation to treat (E-Law Resources 2017b). However, where such advert contains such terms, which can be accepted by acting upon them, it would be deemed as a unilateral offer and a noteworthy case in this regard is that of Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 (E-Law Resources 2017c). There are certain other communications which are not given the status of either an offer or an invitation to treat. A request for information, in Harvey v Facey [1893] AC 552, in the statement made in this case was not considered as an offer (E-Law Resources 2017d). Gibson v Manchester City Council [1979] UKHL 6 saw the wordings may be prepared to sell was to be construed as just an announcement of price. Further, it was not a different offer, as this information was required just for the purpose of supplementing the original offer which was made (Swarb 2016). The second part of the agreement element in contract formation is the acceptance. It is very crucial that the acceptance is given to the offer which was made and by the person to which the offer had been made (Helewitz 2010, p. 28). The acceptance has to be given to the offer which was made and in the exact manner of it being made. In case there is any change in the communication of acceptance, regarding the contractual offer, the communication is not given the status of acceptance; and instead, is considered as a counter offer. Hyde v. Wrench (1840) 3 Beav 334 provided that in such cases, the original offer comes to an end (McKendrick 2014, p. 80). Another important point regarding acceptance is that it has to be properly communicated. Felthouse v Bindley (1862) EWHC CP J35 saw the court holding that a mere silence is not an acceptance (E-Law Resources 2017e). The date of offer and acceptance are also of importance. When the communication regarding the offer or acceptance reaches the other party that would be date of offer and acceptance. In the cases of emails, in the jurisdiction of Australia, the Electronic Transactions Act, 1999 (Cth) is applicable. Under section 14 of this act, the date for email is to be taken as such date on which the email is sent from the senders electronic device and this is the date of acceptance or offer, depending upon the communication made (Federal Register of Legislation 2011). This is similar to that of the postal rules of acceptance in which the date of actual receipt of the communication is irrelevant and the date of sending is the date of offer/ acceptance (Andrews 2015, p. 51). With the presence of elements of agreement, along with the remaining elements, a contract is created. Where the parties fail to perform the obligation covered under the contract, the contract is deemed to be breached by the party which does not keep its promise. This allows the party which had to face the loss due to non performance of the contract, the option of making a claim for breach of contract against the defendant. This would allow them to apply for monetary damages and equitable damages (McKendrick Liu 2015, p. 431). The key purpose for awarding damages lies in putting the parties in a place where a breach of contract did not take place and this reasoning was given in Addis v Gramophone [1909] AC 488, where the emphasis was not on punishing the breaching party (E-Law Resources 2017f). The case study given here highlights that an invitation of treat was made through the Facebook advert and this was posted by Amy. The reason for treating the invitation to treat lies in the fact that this post opened the possibilities for negotiations as it invited the interests of the people. The stark difference in this case and in that of Carlill v Carbolic Smoke Ball Company, lies in the fact that this was not a unilateral contract which could simply be performed. It needed further confirmation that Amy is ready to sell the dog to the person who has applied for it. Also, the adverts in general are to be taken as invitation to treat only, as was stated in Partridge v Crittenden. And as this is an invitation to treat, on the basis of Pharmaceutical Society of Great Britain v Boots, Amy would not be under an obligation to sell the dog to Ian. The email which Ian same on the very same date, in which an inquiry was made regarding the address, would neither be an offer nor be treated as an invitation to treat. On the basis of Harvey v Facey, it would be simply considered as a request of information. The reason for this lies in the fact that Ian only requested for the information regarding the address and had expressed his desire for buying the dog on sale. Being provided with the address would be considered as another pre-contractual negotiation. The offer in this case was made only when Ian emailed Amy about picking up the dog on a particular day and time. And thus began the formation of contract. On this communication, Amy remained silent, and on the basis of Felthouse v Bindley, this would not be considered as her acceptance. As an acceptance was not obtained in this case, a contract was not formed between the two. The application of the rules to the case study provides that no contract was formed between Amy and Ian; and as a result of this, a breach of contract cannot be claimed by Ian. The key issue in this case relates to the formation of a contract between Judy and Amy on the basis of the elements of contract. Further, the case also relates to the presence of vitiating factor in the contract, which is misrepresentation, on part of Amy, and the resulting remedies for the same. As has been highlighted in the preceding segment, certain elements have to be present for creating a contract. The acceptance part has already been discussed. However, one element regarding acceptance which was not discussed earlier is the acceptance garnered through the conduct of the parties. At times, the conduct of the parties shows that agreement to the offer made. In Brogden v. Metropolitan Railway Company (1877) AC 666, the acceptance was taken to be through the performance of the contract without raising any objections regarding the terms (Swarb 2017a). The next requirement for contract formation is consideration. Consideration is the amount which is to be paid for the promise being undertaken by the other party to do the obligation. It is crucial that the consideration is sufficient; though, the same being adequate is not a requirement. The amount of consideration is something which the parties decide mutually. It can be any value, as long as it has economic aspect (Stone 2005, p. 78). For instance, in Chappell Co Ltd v Nestle Co Ltd [1960] AC 87, the court held that the consideration of three wrappers was valid, due to the condition precent and due to it having an economic value in the context of this case (Swarb 2017b). It is important to note that once a contract has been formed, a higher consideration cannot be asked by the other party. In other words, the contract once formed, with particular terms, cannot be changed, till the time both the parties agree to it. In North Ocean Shipping v Hyundai [1979] 3 WLR 419, which is also known as the Atlantic Baron case, the shipbuilder had asked for more money, which was eventually paid by the plaintiff without any protest. It was held in this case that the contract was voidable owing to duress in the contract. Though, as the actions were brought very late by the claimant, the court held that the plaintiff had lost their right for getting the contract rescinded (E-Law Resources 2017g). The next step in the contract formation is intention. The parties who come together to form a contract need to have a clear intention of forming a contract. This is particularly in the sense that the parties need to be clear that by entering into the contract, the parties would be made legally liable to fulfil the contractual obligations which have been covered under the contract and in case the same is not fulfilled, they would have to bear the consequences of breach of contract (Rush Ottley 2006, p. 350). Another requirement is for the parties to have the requisite contractual capacity for entering into the contract. This means that the parties need to have the majority age, so that they can legally enter into the contract. Also, they need to be of sane mind to make decisions in an informed manner (Miller 2016, p. 251). A key requirement for the contract formation lies in the consent which the parties give to the terms of the contract. This consent has to be given free from any duress or pressure from the other party. The last requirement is of clarity. This means that the terms on which the contract is made, has to be clear to both sides of the parties. It is of utmost importance that each party is clear on the contractual terms, so that they can be clear on what their rights and obligations are under any contract. Also, this would prove to be of help in case the contract is disputed, as the terms mentioned in the contract are referred to in this case. Clarity in terms of contract would mean that a genuine point, which is properly covered under the contract, is included in the contract (Furmston Tolhurst 2010, p. 114). Once all these elements come together, a contract can be formed (Kirst-Ashman Hull 2008, p. 205) As has been covered summarily in the preceding section, the non fulfilment of the contractual obligation leads to a breach of contract and for this, the aggrieved party can apply for different remedies. They can apply for monetary damages, which results in the aggrieved party being paid the amount of consideration owing to the breach of contract. Further, the breaching party can be asked for specific performance of the contract, where they have to specifically fulfil the obligations covered under the contract. Another option is to get an injunction order, where the breaching party is stopped from doing a particular task. Lastly, the aggrieved party can get the contract rescinded (Australian Contract Law 2010). One of the major concepts under the contract law relates to the vitiating factors. Vitiating factors are such factors in a contract, which gives the aggrieved party the right to get the contract rescinded, amongst the other options. The five key vitiating factors which can be present in a contract, making it voidable at the option of the aggrieved party includes misrepresentation, duress, undue influence, mistake and illegality (Barnett Harder 2017, p. 392). Duress is a vitiating factor where by the party is forced to enter into contract, owing to a threat, which could be of physical injury, duress to goods and economic duress (Spark 2013, p. 2013). Misrepresentation Misrepresentation is such a case where one of the parties in a contract, is told a false statement of fact, which induces this party to get into the contract. Once it can be shown successfully, that indeed a case of misrepresentation was present, the aggrieved party has the option of getting the contract rescinded as the presence of misrepresentation would make the contract voidable at the option of the aggrieved party. Alternatively, they can also apply for damages (E-Law Resources 2017h). In the case of Smith v Land and House Property Corp (1884) 28 Ch D 7, the claimant was about to purchase the hotel being sold by the respondent. While the negotiations were going on, the tenant in the hotel was described by the respondent as being the most desirable one. The reality was very different from this. This was due to the fact that the seller knew that the particular tenant was not paying his rent and that he was about to be declared as a bankrupt. The statement lied here was a statement of fact and not of opinion. This was due to the reason that the respondent was in such a position to know the status of payments made by the tenant. And due to the false statement of fact being made in this case, the court held that a case of misrepresentation was indeed present (E-Law Resources 2017i). It is crucial that the false statement is a statement of fact and not that containing an opinion. Bisset v Wilkins [1927] AC 177 was a case where this was upheld by the court. In this case, a statement was made by the respondent in which he stated that the land could possibly hold around 2,000 sheep. The claimant relied on this statement and bought the land. Though, he came to know later on that the estimate given by the respondent was not true. And so, he brought an action for misrepresentation against the respondent. The court held that in this case, the statement of the respondent was one of opinion and did not contain any fact. Hence, the claim of the claimant failed (E-Law Resources 2017j). In a different case, i.e., in Car Universal Credit v Caldwell [1964] 2 WLR 600, the court upheld the presence of fraudulent misrepresentation. And due to these reasons, the court allowed Caldwell to rescind the contract (E-Law Resources 2017k). In the given case study, the first step which is required is to show that a contract was formed between Amy and Judy. Judy came to Amys home business, where she saw the dog which had the same description as the one in the Facebook advert. This would be deemed as an invitation to treat as the goods kept on shelf of the seller are not an offer to sale as per the case of Pharmaceutical Society of Great Britain v Boots. Only when Judy would go to Amy with the intention to purchase the dog, would an offer be made. It is very clearly stated in the case study that Judy went and talked to Amy. This would be deemed as an offer by Judy, whereby she offered to purchase the dog on display for a price of $1,000. As has been stated in the rules segment, the acceptance can be obtained from the conduct of the parties. In this case, Amy accepted the payment which was made by Judy, which on the basis of Brogden v. Metropolitan Railway Company would be deemed as an acceptance by performance of the cont ract. So, the elements of agreement have been clearly established here and were present between Judy and Amy. The next requirement is to show that the element of consideration was present in this case. The case study shows clearly that Judy and Amy agreed to the consideration of $1,000. On the basis of Chappell Co Ltd v Nestle Co Ltd, it is very clear that this value has economic consideration. And so, it would be valid. However, in this case, Judy asked for a higher amount after the contract had been formed. The remedies on the basis of this have been discussed later on. Another step required in the contract formation is intention of the parties. In this case, the intention is very clear as Amy wanted to sell the dog and had invited interests of the parties for the same. And the intent of Judy is also clear as she wanted to buy the dog and even paid a higher sum for the same. Hence, this element was clearly present. The capacity of the parties had to be shown also. There is nothing in the case study which could suggest that either Judy or Amy did not have the requisite capacity to enter into the contract. There is nothing to show that either of them lacked contractual age or that they were not of sound mind. Hence, it is presumed that the parties had the contractual capacity. One of the key elements of the contract which need to be established here is that the terms of the contract were clear. It was very clear in this case that Amy would provide Judy with a pure breed Cavalier King Charles male puppy, who had been properly vet checked, had been vaccinated, wormed and micro chipped. Along with this, the dog had been socialised with the standard puppy training, along with having a beautiful temperament and loved the company of all. The term regarding the consideration was also clear where Judy would pay $1,000 for this dog. It was also clear that Judy would be taking the dog after two days, as she was required to obtain the permission from her landlord. These were the terms on which the contract was formed. The last requirement relates to consent of the parties. The consent to the agreement was given freely by both the parties; though, the presence of vitiating factors, which led to this consent being put in question have been discussed later on. As all the requisite elements of contract were present in this case, a contract was formed between Amy and Judy. The moment Judy asked Amy for additional amount of $200, the contract was breached. This is because the terms of the contract made it very clear that Judy would be provided with a vaccinated dog and that the consideration price was $1,000. There was nothing in the terms which showed that the cost of vaccination would have to be paid separately. Hence, by asking Judy to pay a higher consideration than what was promised under the contract, Amy breached the contract. And in this case, Judy has the option of claiming the extra $200 paid by claiming them as monetary compensation for the breach of contract. Another option available with Judy is to apply for specific performance of the contract. This would mean that Amy would be forced to accept the price of $1,000 only and would not be paid the addition sum of $200. However, these two claims cannot be made by Judy. This is because she agreed to pay the increased sum without even protesting against the same. This would mean that the terms o f the original contract were changed and both parties agreed to it. Hence, Judy would not be successful in making a claim of breach of contract, owing to her acceptance of the increased prices. Vitiating Factors In this case, there are two main vitiating factors which become applicable owing to the conduct of Amy. The first one has been discussed in this segment, which relates to duress. The duress in this case can be established through the case of North Ocean Shipping v Hyundai. Similar to the quoted case, in the case study also, Judy was asked for more money, which Judy paid to Amy without any protest. Asking additional money was established as something which leads to duress in the quoted case. And on the basis of the quoted case, Judy can make a claim of duress against Amy. This would give her the right of getting the contract voided. However, Judy would have to take actions at the earlier, or else, as was done in the quoted case, she would lose her right for getting the contract rescinded. In this case, Amy also indulged in misrepresentation. This is proved from the fact that she lied about the dog being well trained. The dog was not trained as he did not respond to any orders, barked for the whole night, made Judys room a big mess and refused to get along with the people. Also, unlike the initial promise of being properly socialized with standard of puppy training, the dog had clear training problems. This would be deemed as a statement of fact, which was lied upon by Amy, on the basis of Smith v Land and House Property Corp. The reason for this is that Amy was a pet breeder who had bred the dog and who had claimed that he had a number of qualities. Due to her position, she had the capacity to know the truth and would have known that in reality, the dog was not trained properly. The reason for not considering this a statement of opinion, on the basis of Bisset v Wilkins can be found in the wordings of the advertisements which stated that the dog had all these qualities. As the breeder of that particular dog, Amy knew the reality was far from what had been quoted by her in the advertisement. Hence, she made a deliberate and fraudulent misrepresentation in this case. And due to these reasons, Judy can get the contract rescinded in the similar manner as was done in Car Universal Credit v Caldwell. This would allow Judy to go to Amy and ask for the contract to be rescinded. Another option which Judy has in this case is not to get the contract rescinded and instead claim damages. These damages could include the hardships she had to face due to the puppy not being well trained, along with the cost of training the puppy properly, so that the dog behaves properly and responds to the instructions given to it. Conclusion The application of the rules to the case study provides that a contract was formed between Judy and Amy as the requisite elements of contract were clearly present. However, due to the presence of vitiating factor in the contract, which is misrepresentation and duress, on part of Amy, and Judy can apply for remedies in form of rescinding the contract or claiming damages. References Andrews, N 2015, Contract Law, 2nd edn, Cambridge University Press, UK. Australian Contract Law 2010, Remedies, Australian Contract Law, retrieved 31 August 2017, https://www.australiancontractlaw.com/law/remedies.html. Barnett, K Harder, S 2014, Remedies in Australian Private Law, Cambridge University Press, Victoria. Blum, BA 2007, Contracts: Examples Explanations, 4th edn, Aspen Publishers, New York. E-Law Resources 2017a, Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401 Court of Appeal, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/Pharmaceutical-Society-of-Great-Britain-v-Boots.php. E-Law Resources 2017b, Partridge v Crittenden (1968) 2 All ER 421, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/Partridge-v-Crittenden.php. E-Law Resources 2017c, Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Court of Appeal, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/Carlill-v-Carbolic-Smoke-Ball-Co.php. E-Law Resources 2017d, Harvey v Facey [1893] AC 552 Privy Council, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/Harvey-v-Facey.php. E-Law Resources 2017e, Felthouse v Bindley [1862] EWHC CP J35 Court of Common Pleas, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/Felthouse-v-Bindley.php. E-Law Resources 2017f, Addis v Gramophone [1909] AC 488 House of Lords, E-Law Resources, retrieved 31 August 2017, https://e-lawresources.co.uk/cases/Addis-v-Gramophone.php. E-Law Resources 2017g, North Ocean Shipping v Hyundai Construction (The Atlantic Baron) [1979] QB 705, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/North-Ocean-Shipping-v-Hyundai-Construction-(The-Atlantic-Baron).php. E-Law Resources 2017h, Misrepresentation, E-Law Resources, retrieved 31 August 2017, https://e-lawresources.co.uk/Misrepresentation.php. E-Law Resources 2017i, Smith v Land and House Property Corp (1884) 28 Ch D 7, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/Smith-v-Land-and-House-Property-Corp.php. E-Law Resources 2017j, Bisset v Wilkinson [1927] AC 177 Privy Council, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/Bisset-v-Wilkinson.php. E-Law Resources 2017k, Car Universal Credit v Caldwell [1964] 2 WLR 600, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/Car--and--Universal-Credit-v-Caldwell.php. Federal Register of Legislation 2011, Electronic Transactions Act 1999, Australian Government, retrieved 31 August 2017, https://www.legislation.gov.au/Details/C2011C00445. Frey, MA 2015, Essentials of Contract Law, 2nd edn, Cengage Learning, Boston, MA. Furmston, M Tolhurst, GJ 2010, Contract Formation: Law and Practice, Oxford University Press, Oxford. Helewitz, J A 2010, Basic Contract Law for Paralegals, 6th edn, Aspen Publishers, New York. Kirst-Ashman, K Hull, G 2013, Understanding Generalist Practice, 5th edn, Cengage Learning, USA. Mau, S D 2010, Contract Law in Hong Kong: An Introductory Guide, Hong Kong University Press, Hong Kong. McKendrick, E Liu, Q 2015, Contract Law: Australian Edition, Palgrave, London. McKendrick, E 2014, Contract Law: Text, Cases, and Materials, 6th edn, Oxford University Press, Oxford. Miller, R L Cross, FB 2015, The Legal Environment Today, 8th edn, Cengage Learning, Stanford, CT. 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Electronic Transactions Act, 1999 (Cth) Addis v Gramophone [1909] AC 488 Bisset v Wilkins [1927] AC 177 Brogden v. Metropolitan Railway Company (1877) 2 App Cas 666 Car Universal Credit v Caldwell [1964] 2 WLR 600 Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 Chappell Co Ltd v Nestle Co Ltd [1960] AC 87 Felthouse v Bindley (1862) EWHC CP J 35 Gibson v Manchester City Council [1979] UKHL 6 Harvey v Facey [1893] AC 552 Hyde v. Wrench (1840) 3 Beav 334 North Ocean Shipping v Hyundai [1979] 3 WLR 419 Partridge v Crittenden [1968] 1 WLR 1204 Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401 Smith v Land and House Property Corp (1884) 28 Ch D 7

Hearsay, Lies and English Novel Essay Topics

Hearsay, Lies and English Novel Essay Topics Whatever They Told You About English Novel Essay Topics Is Dead Wrong...And Here's Why Argumentative essay topics are so important since they are debatableand it's essential to at all times be critically contemplating the world around us. Occasionally it can be helpful to restate the essay topic in your words. The subject of your essay is crucial. Taking into account that lots of persuasive essays concern controversial topics, before writing, you can want to sit down and think of what your opinion on the topic actually is. Some teachers might just take on students as they have to and might not be passionate about reading drafts and might not provide you a good deal of feedback. Students will need to read closely and carefully so as to compose strong literary essays. They should be careful about posting on social media. High school students who complete the programme receive a chance to earn their college application seem more attractive for the committee, together with obtain some distinctive interdisciplinary understanding. Whether there are only two books that have any connection to your topic, it can be too narrow. There's need to understand how long you should pay for each question from the different section. Of course, you can't just think of a suitable issue to develop on the go. So far as essay structure goes, a 4 or 5 paragraph essay based on the number of points you may wish to argue is a great start. When prior brainstorming is finished, you might begin drafting your essay. Also, keeping your outline around throughout the entire process will help you stay organized and assist you in making sure that you don't forget anything. If you aren't certain of who you want to be your advisor, I would start by making a list of your top 3 choices. Make certain you ask your IB coordinator if there's any essential paperwork. Jane Eyre is also often known as an animal, a rat, or under a servant, obtaining no objective. The essay was also a favorite kind of the Romantic Period. You might not be the sole friend I have but you're certainly the only friend I want. Child molesters ought to be put to death. Writing about poems requires a unique approach. Write a concise biography of your favourite author and discuss why the author do you prefer. Shakespeare is thought to be the best writers of the English language, and it has contributed largely to the literature. The same is true for comedy. Cell phone use and texting ensure it is tough to concentrate. International Relations static portion can be addressed by any normal book. Like there is just 1012 topic which may be asked for 16 Marks. Use short, appropriate quotations to back up your discussion. Choosing Good English Novel Essay Topics The great thing is that there's a great deal of literature on the epic already in place. Some folks live their lives depending on their religion even though others don't think you should factor that into decision making in regards to determining rules for everybody. Write about how tattoos are made. Many people are somewhat more comfortable with third individual, past tense. You can't writer hundreds of novels if you don't write, each day. There are lots of excellent essay collections readily available on the internet. Rochester appears to be a really blunt character that's fueled with aggressive businessman tenacity to have his world. Summarise the principal arguments that you're likely to go over in your body paragraphs. It's also said this movement has modernized English poetry to a substantial extent. Choosing first or third person for a storytelling procedure is all up to you. Within the space of a couple lines, you should introduce the topic of your essay, as well as your contention.

Erik Satie Essay Example

Erik Satie Essay Before I became a leading figure of the French avant-garde, though, I was a simple boy that studied the beautiful piano. After I was born on May 17th, 1866, my family constantly moved around from Honfleur, a city located in Lower Normandy, to Paris, where I was primarily raised. At this time, the Wagnerian music model had already reached its zenith in Europe, but this meant nothing to me. After my mother unfortunately died when I was at the young age of six, I went to live with my grandparents back in my hometown. There, I began my first music lessons from Vinot, a local organist. Vinot was quite a kind fellow, and he introduced me to Gregorian plainsongs, which are monophonic religious chants from the Middle Ages. From dear Vinot’s teachings, I became very interested in medieval music, and I even incorporated some of these concepts to my later compositions. However, that was quite far away, for I was first forced to enter the Paris Conservatoire. In 1878, my father had remarried to Eugenie Barnetsche, a â€Å"musically gifted individual. † Of course, she was just another conservative musician that conformed to Wagnerism and other such musical forms. Because of her, my father sent me to the rigorous and old-fashioned Paris Conservatoire in 1879. I studied under the Mathias, Descombes, and Lavignac while I was there, but they weren’t exactly encouraging instructors. In fact, they were the ones who claimed that I was the â€Å"laziest student in the Conservatoire. † I even composed two songs there; one was called Valse-Ballet while the other was titled Fantaisie-Valse. However, all of those conservative professors called these compositions insignificant, laborious, and worthless. We will write a custom essay sample on Erik Satie specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Erik Satie specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Erik Satie specifically for you FOR ONLY $16.38 $13.9/page Hire Writer As a result, I was eventually expelled from the Paris Conservatoire in 1882, so I didn’t really receive a complete education. I didn’t mind, though, for that school was not to my liking anyway. After an unsuccessful entry into the French infantry—I had fallen ill with bronchitis—in 1886, I started my career of composition. In fact, just two years after I was discharged, I composed some of my most famous pieces, the Trois Gymnopedies. These pieces are a clear example of Vinot’s influence on my life, for the harmonies have a bit of Medieval music mixed in them. Around the same time, I composed Ogives (1886), Trois Sarabandes (1887), and Six Gnossiennes (1893), all of which began my career as a composer. My first three pieces leaned towards a more conservative style, although they did vary to some extent. For example, Ogives was based more upon gothic art, while Trois Sarabandes incorporated a solemn dance character. However, with Six Gnossiennes, I ultimately eliminated bar lines and time signatures from my work—until 1917, that is. In addition, I began to scribble in specific directions for the performer in my scores. For example, I liked to write things like â€Å"wonder about yourself† or â€Å"open your mind† to make whoever was performing to give the music some attitude! I mean, what is music without character and expression? During all of that time, I lived in a small apartment in Montmartre, mostly because I was so poor. But what do you expect from a musician like me? Other than composing various pieces, I also worked as a cafe pianist to get a regular income at Auberge du Clou, which is where I met Claude Debussy. He’s definitely a fine fellow, except for the fact that he claims that he is the father of modern music. Of course, we still became good friends, and we advised each other later on in our careers. In the following years, I began to come involved in religion. After meeting Josephin Peladan, the leader of the Rosicrucian (Rose et Croix) Order, I became the unofficial composer for the society, using my knowledge of medieval music and Gothic art to create a variety of religious pieces in the 1890s, such as Prelude pour la porte heroique du ciel and Messe des Pauvres. However, the Rosicrucians weren’t exactly the most interesting people. Thus, I created my own church and composed my own music, shunning the society around me and inspiring individuality. (I wonder why no one else joined it! That’s one thing I never comprehended. ) Although I became quite a familiar figure in the streets of Montmartre—especially because of my supposedly eccentric habits—I later moved to Arcueil, which is located in the Ile-de-France region of France, and became a cabaret pianist. From then on, I produced a few cafe songs and music hall pieces like Je te veux and Le Piccadilly. However, this period of my life was quite short-lived, for I then went on to complete my musical education. I simply could not deal with the constant criticism I was receiving, and I needed money to survive too! As a result, I enrolled in the Schola Cantorum de Paris at the age of 40. Even though I was surrounded by lads half my age, I still graduated with distinction. In contrast to what my teachers said at the Paris Conservatoire, the words â€Å"tres bien† were written on my diploma. After graduating from the conservative academy, I think my music became a little more rigorous and academic. However, being the eccentric man I was, I disliked conforming to regular behavior. As a result, from 1909 to 1914, all of my pieces were named beautifully and a lot differently from other mundane titles. For example, in 1912 I composed the piece Trois morceaux en forme de Poire (which literally means Three Pear-Shaped Pieces), and in 1913 I composed Embryons Desseches, which translates into Dried-Up Embryos. I also continued to write various instructions to the performer in my scores. Phrases like â€Å"to be jealous of one’s playmate who has a big head† and â€Å"the war song of the King of Beans† appeared throughout my music during that time, and I definitely take great pride in them. How else can one create successful and expressive music? Soon after, World War I was right around the corner, and my glorious days began to overwhelm me! Prior to WWI, various of my pieces began to be performed at various concerts. For example, French composer Maurice Ravel performed my Trois Sarabandes at the Societe Musicale Independante’s concert in 1911. Many of my works were finally published in the 1910’s as well, giving me a modest income. Then, with Jean Cocteau and Pablo Picasso, I composed Parade, a ballet that had a realistic setting and described anti-war sentiments. This was a huge breakthrough in my career, particularly because I was arrested afterwards after I sent an â€Å"impudent† postcard to one critic. I thought that it was simply outrageous, but I only had to endure the horrible conditions for eight days. After I was released, a new generation of composers and musicians began to gather around me! In fact, the Les Six proclaimed that I was their patron saint. After the composition of Parade, I didn’t really devote as much time to music as I did before. Recognition was surrounding me and cornering me from all sides, so what could I do? I composed a few Nocturnes as well as Socrate, one of my more celebrated pieces at the time. Finally, my career came to a close. Looking back at everything that has happened after I was expelled from the Paris Conservatoire, I think that my greatest accomplishment was undoubtedly the composition of Six Gnossiennes. Even though this piece was composed just years after I left the Paris Conservatoire, it set my career as an avant-garde into motion. Of course, Parade was the piece that gained me some recognition, and Trois Gymnopedies are my most famous pieces. However, Six Gnossiennes is the first successful piece of music. It doesn’t abide by anything that Wagnerism instructs, and it is so unique! In addition, that fellow Debussy can’t claim that he was the father of modern music with this piece, for I was able to sway him away from conforming to traditional using this piece as an example! Although I faced poverty all the way until World War I and other challenges (like getting arrested), my career as a phonometrician was sprinkled with successes from 1886 to 1920. Throughout this time period, I successfully challenged Romanticism and Wagnerism, bringing forth a new convention for music that still applies in the 21th century, even after my physical disappearance from this world. Looking at the world today, I have definitely served as an inspiration to many kinds of music. Bits and pieces of my brilliance seem to be everywhere! For example, my furniture music is still evident everywhere today! From the moment I spiritually wander into a store or a deli, I unconsciously hear some obscure background music. Being a forerunner to minimalism, I had experimented with this music, which is not supposed to be heard consciously, in my lifetime and it still survives to this day. Minimalism isn’t the only type of music I inspired, though. French Impressionism was a result of my teachings to Claude Debussy. After I forced Debussy into swaying away from conformity, I supported him as he continued down his route of impressionism—that is, until his music became conventional and mainstream. How can I support him when his music becomes like Wagnerism at the time of my birth? American Jazz and ragtime are also results of my eccentric music, for various elements of these types of music are in some of my compositions! My compositions also gave birth to some important musical trends, such as bitonality, polytonality, and non-triadic harmony. Brennan, Carol. Erik Satie Biography. 2010. 5 November 2010 . Classical Archives LLC. Composer: Erik Satie. 2008. 5 November 2010 . Furstner, Michael. Erik Satie. 2008. 5 November 2010 . Goldsmith, Kenneth. Flabby Preludes for a Dog: An Erik Satie Primer. 1997. 5 November 2010 . Minnesota Public Radio. Springtime in Paris: Erik Satie. 2005. 5 November 2010 . Solomon, Larry J. Satie, The First Modern. 2003. 5 November 2010 .

Where Can You Find Topics For Research Paper?

Where Can You Find Topics For Research Paper?Where can you find the topics for research paper? The last thing you want to do is spend hours doing research on subjects that you don't care about. In this article I will explain why and how you should be spending your time finding these topics for research paper.To begin with I want to say that the biggest mistake you can make is taking a topic from an old topic for research paper. The reason why I say this is because it's a really good idea to first look at the things that have already been researched.Not only will this ensure that you come up with a topic that will help you, but the fact that you are basing the topics off of research that has already been done will also mean that you are going to get a lot of good advice on the subject. This advice will obviously be in your favour when it comes to writing your own research paper.When you are looking for topics for research paper the best place to start is by looking at things that you enjoy. For example, if you enjoy watching films then I would recommend looking at the titles of movies in order to get a topic for research paper.However if you don't like films then you may want to think about other types of research papers such as how to market your business. You may find that films are something that people enjoy and it's not what they are interested in.If you don't want to think about anything specifically on the topic of your research paper then you can also consider the most obvious places that people go when they need to research something. They go to bookstores or libraries to look up topics for research paper.The problem with this is that you may find that some of the topics for research paper aren't very good. The reason for this is that people might feel that the information that they are finding is too general, or they may be looking for a specific topic.If you don't have anything specific in mind then I would recommend just getting someone to look it up for you. It's very hard to go to a library or book store and ask them to look something up for you so the best way is to get somebody to do it for you.

Research Paper Topics on Afghanistan

Research Paper Topics on AfghanistanWhen conducting a research paper on Afghanistan, one must select the right research topic. This can be tricky and sometimes the best research subjects are hard to come by. It is essential that you focus on a broad subject with broad implications so that your research paper will be a success.When researching a topic, it is best to approach the topic in two different ways. First, start out with research on the specific location that is being studied. The locations of Afghanistan, Pakistan, Iran, Turkmenistan, and China are all great topics to research. There are books, articles, and reports written on these locations and there is much information available.Research papers on Afghanistan are no exception. All you need to do is make sure that you study all aspects of Afghanistan, be it politics, economics, culture, religion, education, or the military and get information on all aspects of Afghanistan and all the areas surrounding Afghanistan as well.Wh en studying a topic in Afghanistan, it is best to make sure that you take a personal approach when writing your research paper. You want to draw on your own experiences to write about events and happenings in Afghanistan and the place where your college course is taking place. For example, if you are writing a research paper on how the Taliban has impacted the economy of Afghanistan, you may want to consult people who have lived in Afghanistan and speak to those who live outside Afghanistan on how they feel about the economic state of Afghanistan.When researching topics in Afghanistan, make sure that you take a broad perspective and use various sources to add to your research paper. For example, if you are researching on political organizations, you should be speaking to political leaders, students, NGOs, non-governmental organizations, and even newspapers.When it comes to researching topics in Afghanistan, research paper topics should be easy to understand and specific in nature. T here are many research paper topics on Iraq, Iran, Pakistan, Afghanistan, Iran, Turkmenistan, China, India, Russia, and many other countries, but the same rules apply for these topics.If you are doing research paper on Afghanistan, make sure that you use common tools such as Google, Bing, Yahoo, and Ask Jeeves as well as keywords and search terms in your research paper. For example, if you are researching on the world and how it has affected Afghanistan, then you may want to use Google Earth, Wikipedia, or Google Maps as a tool to research. While most people will want to use these tools for professional research, they are easy and free.When researching topics on Afghanistan, make sure that you remember that in order to do a good research paper, you need to research beyond the obvious. You should study human rights abuses in Afghanistan, the corruption that is prevalent, history, geography, politics, and many other topics. The more you know about a country, the better your research p aper will be.

Topics of Writing an Essay - Writing Tips For Struggling Students

Topics of Writing an Essay - Writing Tips For Struggling StudentsFirst things first, if you have never had a problem in any subject in writing an essay before, then this article is not for you. Not, because you are not smart enough or talented enough, but because you will probably forget the details which will make it difficult for you to read your essay.Yes, there are a lot of different types of subjects to write an essay on, such as history, science, literature, technology, philosophy, life and so on. But how can you select the right topic? Read on.Since each person has his/her own personal preferences, just as how you choose topics for your own assignments, you can choose the topic of writing an essay according to your personal preferences. It will depend on what interests you. Sometimes, this topic can be the topic for a yearbook, while others have to do with a short story.Once you have determined which topic you want to write your essay on, the next thing that you have to do is get to know as much as you can about the subject. Go to your favorite online site that offers information about that topic and read through its content. It is helpful to have a teacher or another person who has knowledge about the subject to guide you, especially if you are not very familiar with the subject.The info that you gathered from the article will make you more knowledgeable will make you able to understand and use the information. Therefore, you can say that the article is your research tool. When you have gone through the article and found its content to be interesting, your first task is to make sure that it does not contain any information that is wrong or has any irrelevant information. Just remember that all information has to serve the purpose of writing an essay.If you are still confused about what exactly you have to write in your essay, here is a tip that you can use. Before you start your research, take out the term paper that you have written and look through it to see what topic of writing an essay it has and how you might compare the two topics. After, take note of your conclusions and write them down on the term paper.Now, you are now ready to begin your research and work on the subject of writing an essay. Please keep these tips in mind if you are still having difficulty with writing your essay.

American Agriculture Essay

American Agriculture Essay American Agriculture Essay D.B.Q Essay Throughout the years, American agriculture has expanded and developed a multitude of ways. It experienced extremely noticeable changes from the years 1865-1900. These changes included involvement of new technology, government policy, and economic conditions in order to deliver positive or negative aftereffects to American agriculture. The information provided by the documents help support the time periods’ changes. As always, the varying time periods throughout history introduce new technology to society. To start off, Document B displays a map of major U.S railroads. This new technology allowed hastier transportation throughout the U.S in general. It connected states that allowed transportation of various foods. For example, California was infamous for the gold rush and branching off in to several different paths for the railroads, but had also provided agricultural products to the country. It shipped things like oranges, pears, and berries that were grown on the small farms in California. Although farming was not as popular as it was in the South or midwest, farmers were still fully capable of making a living by shipping their crops from California. Document D is a display that shows a Wheat Harvest in 1880. However, a new technology can be seen in this picture. It shows a horse drawn wheat combine; the overall information gathered is an example of technology having another positive affect on American agriculture. The horses are able to produce a more rapid and efficient way of harvesting wheat, which in turn, helps the farmers. They are able to provide more crops and receive more money for their lifestyle. Document F, most likely written by an employee for a local newspaper company, had discussed shipping beef and rail lines. This article was most likely written by the company to introduce the nations’ relatively new way of shipping canned meat. It discusses the use of shipping food East, resulting in a positive effect from technolo gy. Although it does not discuss farming or any direct agriculture, it still supports that the rail lines were used to ship various foods, which do include crops, not just meat. Many of the rail lines in the mid west and west had a several amount of crops loaded on them to be shipped through the states. It briefly describes its’ spread throughout the country as the West was leading the shipping industry at the time. Overall, the effects of technology on American agriculture resulted in positive effects that helped the nation build its’ power. Secondly, the government had a major effect to American agriculture in several ways. A Prairie farmer, who seems to be neutral in the Illinois laws of freight rates, wrote document C. He/she seems to have no blatant or biased standpoint on the current situation at hand. The document is discussing freight rates and the railroads opposing limited freight rates. Freight rates are the cost of shipping cargo depending on method, produc t, etc. This is similar to modern-day shipping. The Supreme Court ruled over the Patrons, resulting in a unique state having such laws to limit freight rates. This is understandable due to the overwhelming products constantly going back and forth, as the prices can vary and change vastly. Limited freight rates help limit this wide gap and equal the factors out. Document I is a biased document from a state magazine designed to sway readers in to supporting more land for American homesteaders. The document was most likely written by someone with farming experience, friends or family engaged in farming, or is extremely patriotic to support a growing nation. It is saying that the Natives are fed and herded in to large areas. However, the areas should be more enclosed and not harm an average homesteader based on people who are not engaged with the U.S farming system. At the time, Natives were not always welcomed in to society. Natives were treated poorly with harsh laws thrown upon them by the U.S government. The local