Construction and Property Law for Memorandum -myassignmenthelp

Question: Discuss about theConstruction and Property Law for Memorandum of Advice. Answer: This memorandum identifies the possible liabilities which could be raised for different parties owing to the construction work which was recently undertaken. Through the analysis of the case study, it becomes clear that NSW Government would be able to claim liquidated and consequential losses from AllTrack and Von Fimerick for the delay, inferior quality and wrong construction. Apart from this, AllTrack would be able to claim damages from Von Fimerick for the delay caused in performing the work. For the physical injury and psychiatric illness caused to Tom and Bob, NSW Government and Jean Holland would be liable. However, the damages which would be awarded to Tom by the court would be brought down owing to his contributory negligence. NSW Government Heading Contract Law Issue Whether NSW Government can make AllTrack liable based on the contracts which were drawn, for the subpar quality of products used and for the delay in completion of project. Rule As a construction contract is a contract, the non-performance of the terms of such contract can result in the breaching party being made liable. Where the contractor fails in completing their work within the time which had been prescribed to them, liquidated damages are awarded to the aggrieved party. Where the contract provides the provisions for damages to be awarded be it in terms of consequential losses or the liquidated damages, and where the parties to contract have agreed to such clause, the provisions of such damages would be applicable, owing to the same being a term of the contract (Bailey and Bell, 2011). Also, where there are any defects or shortfalls in the construction work which has been carried, the defaulting party can be made liable for such faults. Here, the defaulting party includes both contractor and sub-contractor. Often such defects in materials and workmanship are discovered very late. Still, the contractor remains liable for such contraventions. Under the contract law, the plaintiff who had to bear the loss as a result of the contravention of contract, gets the entitlement to the extent of monetary damages, which would allow for the aggrieved party to be put in place, where they would have been, in case the contract had been performed, as was seen in Turner Corporation Ltd (Receiver and Manager Appointed) v Austotel Pty Ltd (1994) 13 BCL 378 (Bailey and Bell, 2011). Application Owing to the contract undertaken between AllTrack and NSW Government, NSW Government can claim the costs of delay from AllTrack and also for the inferior tiles used and the platforms being 30 cm narrower. This is due to the clear specifications provided under the contract drawn between the two parties. As the case study is silent on a time delay clause being present in the contract, it is assumed to be present. It was important for AllTrack to fulfil the contractual obligations; by not doing the same, they can be made liable in terms of liquidated damages and the consequential loss. This would allow for NSW Government to be put in place where they would have been, based on Turner Corporation Ltd (Receiver and Manager Appointed) v Austotel Pty Ltd, had the contract been properly performed. Conclusion Based on the discussion undertaken in the previous segment, it can be concluded that NSW Government would be able to claim liquidated and consequential losses from AllTrack for the delay, inferior quality and wrong construction. AllTrack Heading Contract Law Issue Whether AllTrack can claim any damages from Von Fimerick based on the contracts which were drawn, for the subpar quality of products used and for the delay in completion of project? Rule In construction industry, a common principal of letter of intent exists. The result of this document is that the actual intention in the letter can be deemed as acceptance instead of being a mere indication of intent to get in a binding contract at a later date. In Cox Constructions Pty Ltd v Decor Ceilings Pty Ltd (No 2) [2005] SASC 483, it was held by the court that the parties were bound exclusively and immediately by the last letter which was sent. In this case, a final and formal agreement was being created but could not reach its end. As the terms of the second contract could not be agreed upon, the parties were bound by the terms of letter of intent. So, the letter of intent is the acceptance. The contractors are thus allowed to recover the costs incurred in the anticipation of creation of contract on restitutionary basis (Bailey and Bell, 2011). Application With regards to the contract which took place between the contractor AllTrack and subcontractor Von Fimerick, Cox Constructions Pty Ltd v Decor Ceilings Pty Ltd (No 2) proves to be of help. As per the quoted case, the Letter of Intent would be binding here. This is because no agreement could be attained on the overall limitation of liability and even on the prices and delivery dates. As a result of this, the Letter of Intent would be deemed as the final agreement. However, there is no clarity given in the case study regarding the time by which the delivery had to be made. Assuming that there had been actual delay in the delivery being made by Von Fimerick of slab tracks, the quoted case would allow AllTrack to claim damages from Von Fimerick. Conclusion Based on the discussion undertaken in the previous segment, it can be concluded that for the delay caused in performing the work, AllTrack would be able to claim damages from Von Fimerick. Von Fimerick Heading Contract Law Issue Whether Von Fimerick can be made liable based on the contracts which were drawn, for the subpar quality of products used and for the delay in completion of project? Rule (Same as that for AllTrack) Application As the letter of intent was binding based on Cox Constructions Pty Ltd v Decor Ceilings Pty Ltd (No 2), Von Fimerick would be bound by the terms of Letter of intent. This includes the potential unlimited liability for delayed completion and subpar quality products. Further, where NSW Government decides to sue Von Fimerick along with AllTrack, they would have to bear the liability, for the reasons of being a subcontractor. Conclusion Based on the discussion undertaken in the previous segment, it can be concluded that Von Fimerick can be made liable based on the contracts which were drawn, by both AllTrack and NSW Government. Tom Heading Tort Law Issue Whether Tom can make a successful claim of negligence against NSW Government or not? Rule Negligence refers to the breach of duty of care which results in one person getting injured/ harmed or has to bear a loss, owing to the lack of care which the first person undertook, in fulfilling their work. Where a case of negligence is established, the aggrieved party is awarded damages. In order to make a case of negligence, there is a need to show that a duty of care was owed to the plaintiff by the defendant. The next requirement is to show that this duty of care had been breached as the requisite standard of care was not adopted by the defendant. The third requirement is to show that a material damages was caused to the plaintiff owing to the breach of duty by the defendant. The fourth requirement is to show that there was reasonable proximity between the plaintiff and the defendant, to show that the damages were not too remote. The last requirement is to consider the defences raised by the defendant for rebuffing or reducing their liability (Bailey and Bell, 2011). In Donoghue v Stevenson [1932] UKHL 100, the judges held that there is a need to take reasonable care in avoiding the acts which could result in such damage, where such chance of such injury or loss was reasonably foreseen. This foreseeability is required to establish a duty of care. There is a need to consider the plaintiffs vulnerability to harm owing to the conduct of the defendant. Once the duty of care has been shown, its breach also needs to be established. It is the duty of building professionals to protect against the possibility of risk, and the risk becomes greater where the standards are higher. The next requirement is to show that the plaintiff was hurt or injured and that an actual damage had taken place. Apart from the physical injury caused to the individual, the damages can also be claimed for economic loss. However, Perre v Apand (1999) 198 CLR 180 dictates that the situation, in which an individual could be liable for pure economic loss, is limited in comparison to physical injury (Bailey and Bell, 2011). A leading defence which is used in cases of negligence is contributory negligence. In this defence, the defendant can show that the plaintiff partly resulted in the damages being caused to them. In such cases, the damages awarded to the plaintiff for negligence, are reduced by the court, due to the failure of plaintiff in taking reasonable care of protecting them (Bailey and Bell, 2011). Application In the present case study, it was reasonably foreseeable that a failure in signal would result in a mishap. As NSW had engaged Jean Holland, they had the responsibility of the work which they undertook. Due to the foreseeability of harm, NSW Government owed a duty of care to Tom and Bob based on Donoghue v Stevenson. Even though in the past such signal failure had not resulted in any harm, the presence of signal failure was enough to make NSW Government liable, particularly because this defect had already been detected earlier, and was not fixed. The standard of care required NSW Government to fix this defect on urgent basis. Not doing so, was thus a breach of duty of care. Tom was injured owing to the accident, which happened due to signal failure. He was permanently disabled, which is not remote injury. However, he was texting on his phone when the incident took place, which means that he contributed towards the injury which he sustained. Conclusion Based on the discussion undertaken in the previous segment, it can be concluded that a claim against NSW Government by Tom would be successful, for the physical injury caused to him under the law of negligence. However, the damages which would be awarded to Tom by the court would be brought down owing to his contributory negligence. Bob Heading Tort Law Issue Whether Bob can make a successful claim of negligence against NSW Government or not? Rule The plaintiff has to show that the balance of probabilities was due to the negligence of the defendant. Under section 30(2) of the Civil Liability Act, 2002 (NSW), where an individual who suffers mental harm owing to other person being injured, can recover damages only when they witnessed the scene or were a close family member of the victim. In Hambrook v Stokes [1925] 1 KB 141, the plaintiff was able to recover damages due to him fearing safety of life of a close relative. In Jaensch v Coffey (1984) 155 CLR 549, the losses were recoverable for the plaintiff as they witnessed the aftermath of accident which involved a loved one and developed psychiatric harm as a result of it (Bailey and Bell, 2011). Application In context of Bob, the damages were not physical and were instead in form of psychiatric illness. Bob witnessed his closed one getting injured, which would make him liable for getting the damages from NSW Government based on section 30(2) and based on the case of Jaensch v Coffey, as he developed psychiatric injury by watching the aftermaths of the loved one getting injured. However, these damages would not be awarded to him based on Hambrook v Stokes as even though he witnessed the incident, he did not fear for his life. This is particularly because he was busy filming the entire incident which took place, in place of trying to help his cousin. Conclusion Based on the discussion undertaken in the previous segment, it can be concluded that a claim against NSW Government by Bob would be successful, for the psychiatric illness caused to him under the law of negligence. Jean Holland Ltd Heading Tort Law Issue Whether Tom and Bob can make a successful claim of negligence against Jean Holland Ltd or not? Rule In Voli v Inglewood Shire Council [1963] HCA 15, it was held that owing to the poor design, the architect could be sued by the third party when they sustained injury. Application Here, both Tom and Bob can also bring action against Jean Holland on the basis of Voli v Inglewood Shire Council, as both of them were injured owing to the fault of the professional. Conclusion Based on the discussion undertaken in the previous segment, it can be concluded that Tom and Bob can also make the same claims against Jean Holland and would be successful. References Bailey, I., and Bell, M. (2011) Construction Law in Australia. 3rd ed. Rozelle, NSW: Thomson Reuters Australia.

Steven Spielberg Biography Essay Example For Students

Steven Spielberg Biography Essay Rob MartinelleAmerican Literature C BlockResearch Paper: Final Draft18 May, 1999Steven Spielberg: Revolutionary and VisionaryWho would have thought that a brilliant career in filmmaking could have originated with a modest jar of Skippy Peanut Butter smeared on a neighbors window in a tiny Cincinnati suburb? One might not think that such an average boyhood prank could evolve a boy into a man who would become the most financially successful film director in history. Well, that is exactly where Leah Spielberg, Steven Spielbergs mother, would trace her sons initial entry into becoming one of our nations most creative storytellers. ?His badness was so original,? she recalls (Stein 3). We will write a custom essay on Steven Spielberg Biography specifically for you for only $16.38 $13.9/page Order now Steven Spielberg, the only child of Leah and Arnold Spielberg, was born on December 18, 1946 at the beginning of the Baby Boom years in Cincinnati, Ohio. It does not take a great stretch of the imagination to see that Stevens film influences were derived from his fathers experience as a World War II veteran and computer technician and his mothers past profession as a concert pianist. The love and amount of technology, history, and music within Stevens films can all be traced back to his early life with his family. While many men returning from war never want to reiterate their experiences, Stevens father seemed to be an exception. Steven said of his father, ? he intoxicated me with bedtime stories about the war. His stories were like the war movies I was watching on television, all worthy of cameo appearances by John Wayne? (Stein 1). It is no wonder that at the age of twelve Stevens first film, Fighter Squad, was filmed on a WWII fighter plane (Corliss 79). However, when Steven was unable to find certain props or realistic backdrops, he simulated dogfights and plane crashes by editing in footage from a WWII documentary. Only a year later, in 1960, he featured the war family Jeep in his second film, Escape to Nowhere, which was an action picture in which GIs invaded a Nazi hideout in the Libyan Desert. Since his family had moved to Arizona in 1960, the Arizona desert near his house would easily replicate the simulation of the Libyan Desert. It is clear that Stevens love and knowledge of visual effects began many years before his creation of a mechanical great white shark in 1975. There have been many incidents throughout Stevens childhood that have made it into his films. At the age of six, Stevens father awoke him to witness a meteor shower in the middle of the night (Stein 2). In time this event would also find its way into his 1977 film, Close Encounters of the Third Kind. The grin of a clown, a deadly tree outside a window, and being afraid at night, all out of 1982s Poltergeist, were all born out of Stevens real childhood phobias (5). Influence for films such as 1993s Academy Award winning drama/documentary Schindlers List could be attributed Steven growing up in a Jewish family. Steven has recalled that during his days in school he felt discriminated from others for being apart of the only Jewish family within the whole community (Graham 530). During the Christmas season, he would be embarrassed that his familys house would be the only one without lights or decorations. When his father offered to place a menorah in the window, Steven responded, ?No!?People will think were Jewish? (Graham 528). Steven has claimed to have learned his numbers as a toddler with the help of a concentration camp survivor who pointed out the numerals tattooed on his arm. However, it was at high school, where he was first exposed to anti-Semitic behavior. He would suffer verbal and sometimes physical abuse from other students. Making movies was definitely an escape for Steven who told the New York Post, ?I enjoy the sense of being transported and no longer thinking anyone is in the audience? (529). ?Nearly three years after finishing Escape to Nowhere, he made his first feature-length film Firelight. It was a two-and-a-half-hour science fiction epic about an investigation of mysterious lights in the sky. However, it was also a look at a rocky marriage. Could the couple within the film have been Arnold and Leah who divorced when Steven was nineteen? Although Steven disregarded it as a terrible film, it was a commercial success. After his family had hired a local movie theatre to screen it, it earned back its entire 500-dollar budget in one night.? (Stein 7) Throughout high school, Steven did not receive grades one might call ?Harvard quality.? Because of this, he was not accepted to any film schools. Therefore, he later enrolled in California State College where he majored in English. In his spare time, he studied films and spent a lot of time trying to get into the parking lots of motion picture studios in an attempt to get producers to look into his films. Unfortunately, the studios would not budge. It would not be until Sidney Sheinherg, head of television at Universal Studios, caught a glimpse of Stevens twenty-five minute road movie, Amblin. After seeing it, Sheinherg offered Steven a seven-year contract to direct television episodes. He would go on to direct episodes of Marcus Welby, M.D., Columbo, and The Name of the Game (Corliss 80). Eventually Universal assigned Steven to his first made-for-television film, Duel. Showing off his skills at editing and creating heart-stomping action sequences, the film was well receiv ed critically. Pauline Kael of the New Yorker writes, ?it is one of the most phenomenal debut films in the history of movies? (Graham 531) Many critics still consider it ?the best American television movie ever made? (529). Due to the films success overseas, Universal Studios handed Steven the adaptation of Peter Benchleys popular novel Jaws, a story of a great white shark terrorizing a seaside community. The film, starring Richard Dreyfuss and Roy Scheider, broke ground in many ways. Aside from eclipsing every box office record at the time, it broke ground in visual effects, constructing a mechanical, remote-controlled replica of a great white shark. Steven reflects back on 1975 during the shooting of Jaws, ?it was the loneliest time of my life. Jaws exacerbates the loneliness by the sheer size of the Atlantic Ocean and the challenge of shooting a complete motion picture on the water? (Corliss 78). Gary Arnold wrote of Jaws, ?There has never been an adventure-thriller quite as terr ifying yet enjoyable as Jaws, and it should set the standard in its field for many years to come? (Graham 529). And that it did. The film would set the standard in the thriller genre with films like John Carpenters 1978 slasher Halloween. Replace the seaside community with Haddenfield, Illinois and the shark with ?Michael Myers? and you have a prime example of the ?Jaws? influence. Not only influencing the genre, the film had a lasting affect on ordinary moviegoers alike. Betty Martinelle, your average film fan recalls at the time, ?although it probably didnt keep most people out of the water that summer, theres hardly a person around that didnt at least take a good glance at the water before going in? (Martinelle). Aside from establishing himself as Hollywoods director to watch out for, Jaws marked his first time collaborating with composer and former head of the Boston Pops, John Williams. He created the now famous two-note theme to the movie as well as doing the scores for everyo ne of Stevens films to come afterward. Grossing well over 200 million dollars, Jaws created the concept of the ?summer movie blockbuster.?Coming off the phenomenal success of Jaws, Steven went back to his passion for science fiction with 1977s Close Encounters of the Third Kind. The film, which Steven both wrote and directed, focuses on an alien-obsessed family man played by Richard Dreyfuss and his fascination with alien spaceships. ?Its a movie for people who like to use their imaginations,? he told Film Comment (Graham 530). Stanley Kaufman described the films finale as ?one of the most overpowering, sheerly cinematic experiences I can remember? (529). Having released his second box office smash in a row, Steven also earned his first Oscar nomination as well. Unfortunately, he would lose in what would be the beginning of an Oscar losing streak. This time period would also mark his meeting and collaboration with another director whom he met at a film festival, George Lucas. ?Steve n saw Lucas as both compadre and competition? (Empire 5). The two would develop a close friendship over the years that stands to this day and would collaborate on many projects. Steven would be the executive producer on Lucass 1977 mega-hit, Star Wars. The film would even gross more money than that of Spielbergs own Jaws. It was in 1981, however, that Lucas and Spielberg would collaborate on Raiders of the Lost Ark. Aside from making the lead character Indiana Jones, played by Harrison Ford, the biggest action hero in American cinema next to James Bond, the film was nothing short of non-stop entertainment and suspense. ?Raiders puts people in the same place that made me want to make movies as a child, which wanting to enthrall, entertain, take people out of their seats to get them involved in the kind of dialogue with the picture youve made. Theyre just a lot of fun to make? (Graham 530). Grossing around 300 million dollars and spawning two sequels, it earned Steven his second Oscar nomination for Best Director. While ?Raiders? gave him the reputation as the master of action sequences, it would not be until later on that he would be taken as a serious film director. Following ?Raiders,? Steven released what he calls his most personal film, E.T.: The Extra-Terrestrial, in 1982. The film, starring a then young Henry Thomas and Drew Barrymore, told the story of an alien and his friendship with a young boy after being left behind by his spaceship. At the time, Steven revealed to the Harper Bazaar, ?the movie is about how I felt when my parents broke up? (Corliss 78). In the words of a USA Today columnist after E.T.s release, ?Steven is the first director since Alfred Hitchcock to become a household name? (Graham 530). In addition to earning Steven yet another Oscar nomination which he lost again, E.T. grossed nearly 400 million dollars beating fellow buddy Lucass blockbuster, Star Wars. .u4a9df5035357c123c2c0c7d43f486b07 , .u4a9df5035357c123c2c0c7d43f486b07 .postImageUrl , .u4a9df5035357c123c2c0c7d43f486b07 .centered-text-area { min-height: 80px; position: relative; } .u4a9df5035357c123c2c0c7d43f486b07 , .u4a9df5035357c123c2c0c7d43f486b07:hover , .u4a9df5035357c123c2c0c7d43f486b07:visited , .u4a9df5035357c123c2c0c7d43f486b07:active { border:0!important; } .u4a9df5035357c123c2c0c7d43f486b07 .clearfix:after { content: ""; display: table; clear: both; } .u4a9df5035357c123c2c0c7d43f486b07 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u4a9df5035357c123c2c0c7d43f486b07:active , .u4a9df5035357c123c2c0c7d43f486b07:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u4a9df5035357c123c2c0c7d43f486b07 .centered-text-area { width: 100%; position: relative ; } .u4a9df5035357c123c2c0c7d43f486b07 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u4a9df5035357c123c2c0c7d43f486b07 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u4a9df5035357c123c2c0c7d43f486b07 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u4a9df5035357c123c2c0c7d43f486b07:hover .ctaButton { background-color: #34495E!important; } .u4a9df5035357c123c2c0c7d43f486b07 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u4a9df5035357c123c2c0c7d43f486b07 .u4a9df5035357c123c2c0c7d43f486b07-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u4a9df5035357c123c2c0c7d43f486b07:after { content: ""; display: block; clear: both; } READ: Liberal Arts and Business EssayBecause Steven was always interested in so many projects, he was never able to attend to all of those he wished. Thus, in 1984, he founded his own production company, Amblin Entertainment. The result would be a number of great films including Gremlins, The Back to the Future Trilogy, and Who Framed Roger Rabbit? Growing tired of creating action packed stereotypical Spielberg pictures, in 1985 Steven made his first attempt at serious filmmaking, The Color Purple. The story evolved around a woman, played by Whoopi Goldberg, who is oppressed by the men around her. The film, though received by most as deeply moving, received criticism for what so me called ?insensitivity to the realities of poverty, brutality, and black experience? (Graham 531). The film made Whoopi Goldberg into huge star and earned eleven Academy Award nominations. Ironically, Steven was snubbed for Best Director and the film failed to win one award in what would mark the beginning of the Academys reputation for disregarding films that deal with African-American culture. His first attempt at serious filmmaking would lead to 1987s Empire of the Sun, a film about a British boys experience within a Japanese concentration camp during World War II. Once again, his fathers influence showed up on screen. Empire of the Sun and The Color Purple would be among Stevens least commercially successful efforts. In an attempt to rebound off of 1991s box office flop, Hook, Steven released in the summer of 1993 what would become at the time the most successful film in the history of American cinema. When Jurassic Park was released, Steven made us believe that dinosaurs existed through the use of digital effects on computers. Astounding crowds with trademark Spielberg action, the films gross would not be toppled until the 1997 winter release of James Camerons historical epic Titanic. During the shoot of Jurassic Park, Steven began work on another project, Schindlers List, which would become his most critical success of his career. Schindlers List is the true story of Oskar Schindler who saved over one thousand Jews from certain death by employing them in his factory during World War II. One writer for Newsweek noted, ?this movie will shatter you, but it earns its tears honestly? (Corliss 81). The film was nominated for eleven Academy Awards and won seven including Best Picture and finally after all the rejections, Steven won his first Oscar for Best Director. In 1997 when the American Film Institute announced the ?100 Greatest Films of All Time,? five of Stevens films were among them including Schindlers List which ranked at number nine. Following the production of the film, in 1994 Steven founded the Survivors of the Shoah Visual History Foundation, which recorded oral histories of Holocaust survivors. He then followed that up with the Righteous Persons Foundation, which provided grants for Jewish groups and causes. After taking a three-year break from film making, Steven returned in 1997 with a not surprising follow-up to 1993s Jurassic Park entitled The Lost World. Despite the films commercial success, the film has been regarded as the worst work of Stevens career. Even Steven himself has noted that the film was made because he knew that it would be a huge blockbuster. Later that same year, he released the drama Amistad, the true story of African-American mens struggle for freedom aboard the slave ship ?La Amistad.? Even though the film was named as one of the best pictures of the year by critics throughout the country, the film failed to receive any Oscar recognition which some might attribute to the Academys reputation of, once again, disregarding films that deal with African-Americans and their culture. Most recently in 1998, Steven released the World War II drama Saving Private Ryan which single-handedly redefined the term ?movie violence.? Creating what some may call the most graphic and realistic war movie ever made, Steven made the film as a tribute to his father and dedicated it to him after receiving his second Oscar at the seventy-first Annual Academy Awards. People were taught that war is no laughing matter. Steven Spielbergs films have left us with so much to remember. From the horrors of Auschwitz to the image of a boy on a bicycle, sillouhetted against the moon, his films have sketched images in our minds we are unable to forget. Hi s influence upon mainstream Hollywood directing is more than evident. Whether it be making us reflect on past tragedies or teaching us that differences should be celebrated aside from being just recognized, his methods of storytelling have established him as more than just a wonderful film director, but as a great humanitarian. BibliographyWorks CitedCorliss, Richard. ?Peter Pan Grows Up, but Can He Still Fly Time Magazine. 19 May, 1997. 75-82. .u0959c8213d6de752ecd0ab15bbdd7c71 , .u0959c8213d6de752ecd0ab15bbdd7c71 .postImageUrl , .u0959c8213d6de752ecd0ab15bbdd7c71 .centered-text-area { min-height: 80px; position: relative; } .u0959c8213d6de752ecd0ab15bbdd7c71 , .u0959c8213d6de752ecd0ab15bbdd7c71:hover , .u0959c8213d6de752ecd0ab15bbdd7c71:visited , .u0959c8213d6de752ecd0ab15bbdd7c71:active { border:0!important; } .u0959c8213d6de752ecd0ab15bbdd7c71 .clearfix:after { content: ""; display: table; clear: both; } .u0959c8213d6de752ecd0ab15bbdd7c71 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u0959c8213d6de752ecd0ab15bbdd7c71:active , .u0959c8213d6de752ecd0ab15bbdd7c71:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u0959c8213d6de752ecd0ab15bbdd7c71 .centered-text-area { width: 100%; position: relative ; } .u0959c8213d6de752ecd0ab15bbdd7c71 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u0959c8213d6de752ecd0ab15bbdd7c71 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u0959c8213d6de752ecd0ab15bbdd7c71 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u0959c8213d6de752ecd0ab15bbdd7c71:hover .ctaButton { background-color: #34495E!important; } .u0959c8213d6de752ecd0ab15bbdd7c71 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u0959c8213d6de752ecd0ab15bbdd7c71 .u0959c8213d6de752ecd0ab15bbdd7c71-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u0959c8213d6de752ecd0ab15bbdd7c71:after { content: ""; display: block; clear: both; } READ: The Myth Of Consumerism EssayDyer, Richard. ?At Work Again, he and John Williams Exalt in their Admiring of 24 Years.? Boston Globe 24 Feb. 1998: 4/13/99 http://www.multimania.com/spielbrgStein, Ruthe. ?Biography : Steven Spielberg.? Empire Mar. 1998: 4/13/99 http://www.multimania.com/spielbrgGraham, Judith. Current Biography Yearbook 1996. New York: H.W. Wilson Company, 1996. Gritten, David. ?When the Going Got Tough: Steven Spielbergs D-Day Drama ?Saving Private Ryan salutes the ?citizen soldier of WWII.? L.A. Times 10, May 1998: 4/13/99 http://www.multimania.com/spielbrgMartinelle, Betty. Personal Interview. 11 Apr. 1999. Biographies

Sup. Natl In Macbeth Essays (745 words) - Characters In Macbeth

Sup. Nat'l In Macbeth ?Supernatural Forces in Macbeth? In Shakespeare's Macbeth, specific scenes focus the readers' attention to the suspense and involvement of the supernatural. The use of witches, apparitions and ghosts are an important element in making the play interesting. Examining certain scenes of the play, it can be determined that as supernatural occurrences develop, Macbeth reflects a darker self-image. Macbeth experiences his first strange encounter of the supernatural when he meets the three witches in act one, scene one. After learning of his prophecies to become king, Macbeth states, ?Glamis, and Thane of Cawdor: The greatest is behind (still to come).? (1.3.117-118). Shakespeare uses foreshadowing, a literary technique, to suggest to his readers the character Macbeth will suffer a personality change. Macbeth also implies his first notions of plotting an evil scheme by this comment. After the prophecies of the witches revealed the fate of Macbeth, the quest of the throne will be his next vi ctory. ?The witches reveal a fate for Macbeth and imply that a part of what will come to him must come, but they reveal no fate of evil-doing for him and never, even by suggestion, bind him to evil doing. ?, states literary critic Willard Furnham. Furnham declares the only power the witches obtain over Macbeth, is the power of insinuation. By offering to Macbeth the idea of power, the witches push Macbeth to the next level of greed and evil which was non-existent prior to the encounter. The murder and death of King Duncan initiates Macbeth's second encounter with the supernatural when he witnesses a floating dagger. As Macbeth awaits the signal to make his way up the stairs, he sees the floating dagger and proclaims, ? Come, let me clutch thee. I have thee not, fatal vision, sensible (able to be felt) to feeling as to sight, or art thou but a dagger of the mind, a false creation, proceeding from the heat-oppressed brain (2.2.33-38). This apparition confuses and frightens Macbeth. He can not comprehend how he can see something and not be able to touch it. ?Thou leads me the way I was going; and such an instrument I was to use. And on thy blade and hilt, drops of blood which was not so before. There's no such thing. It is bloody business which takes shape.? (2.2.43-49) Here, Macbeth begins to question whether his mind is playing tricks on him. The situation seems quite coincidental considering he is minutes from murdering a man with a similar weapon. He states the apparition is due to the bloody business about to occur. The dagger symbolizes the point of no return for Macbeth. If he chooses the path in which the dagger leads, there will be no turning back. Macbeth fears Banquo for his prophecy is to father kings, so Macbeth proceeds to plot the murder of his once friend, which spurs yet another brush with the supernatural. Macbeth attends a banquet at which he witnesses the ghost of his dead friend. (3.4.37-145) The fortunes of the three witches sparked Macbeth' s desire to murder Banquo and caused him to dig himself into a deeper hole. Macbeth's guilt and fear combined drive him to darker and more evil actions in an attempt to cover his past misdeeds. ?What man dare, I dare. Approach though like the rugged Russian bear, the armed rhinoceros, or th' Hyrcan tiger; Take any shape but that (Banquo) and my firm nerves shall never tremble.? (3.4.100-104) Macbeth is terribly frightened by the bloody ghost haunting him and is angered that the ghost revealed it self to him. His guilt causes him to proclaim he could take on a rhino, tiger or any other wild animal, but not Banquo's ghost. After his encounter with the ghost, Macbeth proceeds to visit the witches one last time to insure his security. After this last visit, Macbeth becomes overconfident and a tyrant, which cause his downfall. The use of supernatural in Macbeth, is a major factor in the suspenseful nature of his work. Without the witches, apparitions and the ghost, Macbeth could not have reached his downfall. The use of supernatural in Macbeth caused Macbeth to become a darker and more evil person with each

Simple Décrire Verb Conjugations in French

Simple Dà ©crire Verb Conjugations in French In French, to say to describe, you must use the verb  dà ©crire. Admittedly, conjugating this verb to mean described or will describe is not the easiest thing to do. However, a quick lesson and some dedicated practice will help you memorize this tricky verb. Conjugating the French Verb  Dà ©crire Dà ©crire  is an  irregular verb, so it does not follow one of the common verb conjugation patterns found in French. Yet, all  French verbs ending in  -crire  are conjugated this way. You might consider studying a few at the same time to make learning each just a little easier. Conjugations transform the verb into the present, future, or past tense so the sentence makes sense. This is done by identifying the verb stem - in this case,  Ã¢â‚¬â€¹dà ©cri- - then adding the appropriate infinitive ending for the subject pronoun. For instance, I describe is je dà ©cris and we will describe is nous dà ©crirons. Subject Present Future Imperfect je dà ©cris dà ©crirai dà ©crivais tu dà ©cris dà ©criras dà ©crivais il dà ©cris dà ©crira dà ©crivait nous dà ©crivons dà ©crirons dà ©crivions vous dà ©crivez dà ©crirez dà ©criviez ils dà ©crivent dà ©criront dà ©crivaient The Present Participle of  Dà ©crire When you add -ant  to the verb stem of  dà ©crire, you form the  present participle  dà ©crivant. It is a verb, of course, yet youll also find it used as an adjective, gerund, or noun at times. The Past Participle and Passà © Composà © The  past participle  of  dà ©crire  is  dà ©crit.  Its used in the construction of the  passà © composà ©Ã‚  for the past tense of described. To use it, you must also conjugate the  auxiliary verb  avoir. The passà © composà © comes together quickly once you know these rules. As an example, I described is jai dà ©crit and we described is nous avons dà ©crit. More Simple Dà ©crire  Conjugations Among the other simple verb conjugations of  dà ©crire  that you should know are the subjunctive and conditional. Each implies some degree of uncertainty or dependency in the act of deciding. In literature, youll come across either the passà © simple or imperfect subjunctive forms. While you may not use them yourself, recognizing them as a form of  dà ©crire  will help with comprehension. Subject Subjunctive Conditional Passà © Simple Imperfect Subjunctive je dà ©crive dà ©crirais dà ©crivis dà ©crivisse tu dà ©crives dà ©crirais dà ©crivis dà ©crivisses il dà ©crive dà ©crirait dà ©crivit dà ©crivà ®t nous dà ©crivions dà ©cririons dà ©crivà ®mes dà ©crivissions vous dà ©criviez dà ©cririez dà ©crivà ®tes dà ©crivissiez ils dà ©crivent dà ©criraient dà ©crivirent dà ©crivissent In short, assertive commands and requests, the imperative verb form is used. When using this, keep the sentence short and skip the subject pronoun: dà ©cris rather than tu dà ©cris. Imperative (tu) dà ©cris (nous) dà ©crivons (vous) dà ©crivez

Statistics Quiz Multiple choice Project Example | Topics and Well Written Essays - 500 words

Quiz Multiple choice - Statistics Project Example IV. If the process were repeated many times, each time selecting random samples of 500 people aged 20-24 and 450 people aged 25-29 and each time constructing a confidence interval for p1  - p2, 95% of the time the confidence interval limits will contain the true difference between the two population proportions. Assume that you plan to use a significance level of  Ã‚  = 0.05 to test the claim that p1  = p2, Use the given sample sizes and numbers of successes to find the pooled estimate  . Round your answer to the nearest thousandth. The table shows the number satisfied in their work in a sample of working adults with a college education and in a sample of working adults without a college education. Assume that you plan to use a significance level of  Ã‚  = 0.05 to test the claim that  Ã‚  Find the critical value(s) for this hypothesis test. Do the data provide sufficient evidence that a greater proportion of those with a college education are satisfied in their work? Use this approach to find the size of each sample if you want to estimate the difference between the proportions of men and women who plan to vote in the next presidential election. Assume that you want 99% confidence that your error is no more than 0.05. A researcher reports an F-ratio with df= 3, 36 from an independent-measures research study. Based on the df values, how many treatments were compared in the study and what was the total number of subjects participating in the study? A research obtains an F-ratio of F = 4.00 from an independent-measures research study comparing 2 treatment conditions. If the researcher had used an independent-measures t statistic to evaluate the data, what value would be obtained for the t statistic? An independent-measures research study compares three treatment conditions using a sample of n = 5 in each treatment. For this study, the three samples totals are, T1 = 5, T2 = 10, T3 = 15. What value would be obtained for SS between? An

Risk Management in a Corperate Retail Store Research Paper

Risk Management in a Corperate Retail Store - Research Paper Example In the final portion of the paper, the researcher identifies important methods of dealing with the issues in JCPenney. This is done through an application of methods and systems of retail risk management and corporate governance. The paper recommends that the management of JCPenney need to re-examine the controls and the risk management system of the supermarket. This should lead to the formulation of alternative systems and strategies for the prevention and control of risks in the supermarket. Retail management is defined by Berman and Evans as â€Å"the art and science of bringing the ultimate consumer a product through a series of stages which are coordinated through a set of defined objectives and strategies† (2009 p1). Retail management therefore entails all the necessary steps that a shop or store goes through to ensure that consumers get products that they desire. However, retail management is a conscious process that involves certain activities and steps that provides optimal services for consumers (Berman and Evans, 2009 p1). This means that for retail management to succeed, there should be a clearly defined end which will be attained through a deliberate and conscious effort to attain that end. 5. Alignment: all stakeholder needs, ranging from shareholders quests for higher profits and the wider societys desire for healthy lives and environmental responsiveness should be aligned to the activities of a retail venture. This therefore means that retail management is intertwined with numerous activities and plans that enables the ends and objectives of the company to be actualized. Management of retail ventures is described as both an art and a science. This therefore means that it is about how to attain stated objectives through rules, regulations and other competencies. 1. Supply chain management and channel distribution: this involves the sourcing of goods from wholesalers or producers and getting them to the final

Company Profile of Sony Essay Example for Free

Company Profile of Sony Essay Company Profile Sony is synonymous with consumer electronics. Its especially big in TVs and game consoles like PlayStation3. Officially named Sony Kabushiki Kaisha, the company designs, develops, manufactures, and sells a host of electronic equipment, instruments, and devices for consumer, professional, and industrial markets. Professional products include semiconductors and components. A top global media conglomerate, Sony boasts additional assets in the areas of music (Sony Music Entertainment), film (Sony Pictures Entertainment and Sony Digital Production), DVDs (Sony Pictures Home Entertainment), and TV (Sony Pictures Television). Sony also has several financial services businesses and an advertising agency in Japan. History Sony found its beginning in the wake of World War II. In 1946, Masaru Ibuka started an electronics shop in a bomb-damaged department store building in Tokyo. The company had $530 in capital and a total of eight employees. The next year, he was joined by his colleague, Akio Morita, and they founded a company called Tokyo Tsushin Kogyo (Tokyo Telecommunications Engineering Corporation). The company built Japans first tape recorder, called the Type-G. In 1958 the company name was changed to Sony. In the early 1950s, Ibuka traveled in the United States and heard about Bell Labs invention of the transistor. He convinced Bell to license the transistor technology to his Japanese company, for use in communications. Ibukas company made the first commercially successful transistor radios.According to Schiffer, Sonys TR-63 radio cracked open the U.S. market and launched the new industry of consumer microelectronics. By the mid-1950s, American teens had begun buying portable transistor radios in huge numbers, helping to propel the fledgling industry from an estimated 100,000 units in 1955 to 5 million units by the end of 1968. Origin of name When Tokyo Tsushin Kogyo was looking for a Romanized name to use to market them, they strongly considered using their initials, TTK. The primary reason they did not is that the railway company Tokyo Kyuko was known as TKK. The company occasionally used the acronym Totsuko in Japan, but during his visit to the United States, Morita discovered that Americans had trouble pronouncing that name. Another early name that was tried out for a while was Tokyo Teletech until Akio Morita discovered that there was an American company already using Teletech as a brand name. The name Sony was chosen for the brand as a mix of two words. One was the Latin word Sonus, which is the root of sonic and sound, and the other was Sonny, a familiar term used in 1950s America to call a boy. The first Sony-branded product, the TR-55 transistor radio, appeared in 1955 but the company name did not change to Sony until January 1958. At the time of the change, it was extremely unusual for a Japanese company to use Roman letters to spell its name instead of writing it in kanji. The move was not without opposition: TTKs principal bank at the time, Mitsui, had strong feelings about the name. They pushed for a name such as Sony Electronic Industries, or Sony Teletech. Akio Morita was firm, however, as he did not want the company name tied to any particular industry. Eventually, both Ibuka and Mitsui Banks chairman gave their approval Vision To create exciting new digital entertainment experiences for consumers by bringing together cutting-edge products with latest generation content and services. Mission As a mission and goal, Sony is dedicated to providing innovative products and multimedia services that challenge the way consumers experience digital entertainment. As a digital entertainment service provider Sony wants create  new worlds via their products to give consumers new experiences that can stimulate their senses. For their computer entertainment sector their mission and goal is to find the most talented developers to produce caliber products that continually raise the standards. The firm wants to create family products that change the way they experience home entertainment such as television, gaming, and movies. To change the way families enjoy home entertainment Sonys PlayStation 3 integrates all aspects of home entertainment. The gaming console is a versatile machine where consumers can play video games, watch movies through the Blu-ray player and stream movies and shows through Netflix. The PlayStation 3 has changed the way individuals enjoy digital entertainment. Boosting Sony’s Electronics Business A key focus for Sony is to strengthen its all-important electronics business and maintain market leadership in high profile areas such as televisions, digital imaging, home video equipment and portable audio. To achieve this, Sony is pursuing three corporate initiatives: The Customer Viewpoint Initiative emphasizes the importance to staff of viewing Sony, its products and services from a customer perspective. The Technology Nr. 1 Initiative focuses on reinforcing Sony’s cutting-edge technologies in the areas targeted for maximum investment of resources, including televisions, home video equipment, digital imaging equipment and Walkman ®. The Genba Initiative aims at strengthening frontline operations (‘genba’ in Japanese) such as design locations, manufacturing facilities and sales offices. Formats and technologies Sony has historically been notable for creating its own in-house standards for new recording and storage technologies, instead of adopting those of  other manufacturers and standards bodies. Sony (either alone or with partners) has introduced several of the most popular recording formats, including the floppy disk, Compact Disc, and Blu-ray Disc. Sony delivers thrilling digital entertainment experiences by capitalising on the synergy between its electronics business, content creation capabilities and movie, music, mobile and computer games interests. As a world leader in high definition, Sony already offers an exciting range of broadcast and consumer HD products, as well as content assets that are driving the industry towards HD digitization. Sony is the only company that can deliver complete, end-to-end solutions for todays HD World. We provide the tools for our customers to create, edit, store, share and enjoy High Definition content. Sony Pictures and Sony Computer Entertainment create movies and games that maximise the full power and potential of HD while independent film makers and programme producers are encouraged to realize their unique creative vision in full Sony HD. Business units Sony offers a number of products in a variety of product lines around the world. Sony has developed a music playing robot called Rolly, dog-shaped robots called AIBO and a humanoid robot called QRIO. As of 1 April 2012, Sony is organized into the following business segments: Imaging Products Solutions (IPS), Game, Mobile Products Communications (MPC), Home Entertainment Sound (HES), Devices, Pictures, Music, Financial Services and All Other. The network and medical businesses are included in the All Other. Sony Corporation Sony Corporation is the electronics business unit and the parent company of the Sony Group. It primarily conducts strategic business planning of the group, research and development (RD), planning, designing and marketing for electronics products. Its subsidiaries such as Sony EMCS Corporation (6  plants in Japan), Sony Semiconductor Corporation (7 plants in Japan) and its subsidiaries outside Japan (Brazil, China, England, India, Malaysia, Singapore, South Korea, Thailand, Ireland and United States) are responsible for manufacturing as well as product engineering (Sony EMCS is also responsible for customer service operations). In 2012, Sony rolled most of its consumer content services (including video, music, and gaming) into the Sony Entertainment Network. Medical-related business Sony Mobile Communications AB (formerly Sony Ericsson Mobile Communications AB) is a multinational mobile phone manufacturing company headquartered in Tokyo, Japan and a wholly owned subsidiary of Sony Corporation. In 2001, Sony entered into a joint venture with Swedish telecommunications company Ericsson, forming Sony Ericsson. Initial sales were rocky, and the company posted losses in 2001 and 2002. However, SMC reached a profit in 2003. Sony Ericsson distinguished itself with multimedia-capable mobile phones, which included features such as cameras. These were unusual for the time. Despite their innovations, SMC faced intense competition from Apples iPhone, released in 2007. From 2008 to 2010, amid a global recession, SMC slashed its workforce by several thousand. Sony acquired Ericssons share of the venture in 2012 for over US$1 billion. In 2009, SMC was the fourth-largest mobile phone manufacturer in the world (after Nokia, Samsung and LG). By 2010, its market share had fallen to sixth place. Sony Mobile Communications now focuses exclusively on the smartphone market. Sony Computer Entertainment Sony Computer Entertainment is best known for producing the popular line of PlayStation consoles. The line grew out of a failed partnership with Nintendo. Originally, Nintendo requested for Sony to develop an add-on for its console that would play Compact Discs. In 1991 Sony announced the add-on, as well as a dedicated console known as the Play Station. However, a disagreement over software licensing for the console caused the  partnership to fall through. Sony then continued the project independently. Sony Pictures Entertainment Sony Pictures Entertainment, Inc. (SPE) is the television and film production/distribution unit of Sony. With 12.5% box office market share in 2011, the company was ranked 3rd among movie studios. Its group sales in 2010 were US$7.2 billion. The company has produced many notable movie franchises, including Spider-Man, The Karate Kid, and Men in Black. It has also produced popular television game shows Jeopardy! and Wheel of Fortune. Sony entered the television and film production market when it acquired Columbia Pictures Entertainment in 1989 for $3.4 billion. Columbia lives on in the Columbia TriStar Motion Picture Group, a subsidiary of SPE which in turn owns TriStar Pictures and Columbia Pictures. SPEs television division is known as Sony Pictures Television. For the first several years of its existence, Sony Pictures Entertainment performed poorly, leading many to suspect the company would sell off the division. Sony Pictures Entertainment encountered controversy in the early 200 0s. In July 2000, a marketing executive working for Sony Corporation created a fictitious film critic, David Manning, who gave consistently good reviews for releases from Sony subsidiary Columbia Pictures that generally received poor reviews amongst real critics. Sony later pulled the ads, suspended Mannings creator and his supervisor and paid fines to the state of Connecticut and to fans who saw the reviewed films in the US. In 2006 Sony started using ARccOS Protection on some of their film DVDs, but later issued a recall. Environmental record In November 2011, Sony was ranked 9th (jointly with Panasonic) in Greenpeaces Guide to Greener Electronics. This chart grades major electronics companies on their environmental work. The company scored 3.6/10, incurring a penalty point for comments it has made in opposition to energy efficiency standards in California. It also risks a further penalty point in future editions for being a member of trade associations that have commented against energy efficiency standards.Together with Philips, Sony receives the highest score for energy policy advocacy after calling on the  EU to adopt an unconditional 30% reduction target for greenhouse gas emissions by 2020. Meanwhile, it receives full marks for the efficiency of its products. In 2007, Sony ranked 14th on the Greenpeace guide. Sony fell from its earlier 11th place ranking due to Greenpeace’s claims that Sony had double standards in their waste policies.[ Since 1976, Sony has had an Environmental Conference. Sonys policies address their effects on global warming, the environment, and resources. They are taking steps to reduce the amount of greenhouse gases that they put out as well as regulating the products they get from their suppliers in a process that they call green procurement. Sony has said that they have signed on to have about 75 percent of their Sony Building running on geothermal power. The Sony Take Back Recycling Program allow consumers to recycle the electronics products that they buy from Sony by taking them to eCycle (Recycling) drop-off points around the U.S. The company has also developed a biobattery that runs on sugars and carbohydrates that works similarly to the way living creatures work. This is the most powerful small biobattery to date.