Edgar Allan Poe Essay

The diction of Edgar Allan Poe’s works have surely enhanced their literary value . Firstly, Poe was a believer in the law of liberty of diction, in the aesthetic tradition in art, in storytelling. Hence, the diction in almost all his literary works, be they poems, short stories or whatever carry a smell of freshness, of originality, of innate beauty. Again, as he was an iconoclast he could free the diction of the â€Å"short stories† from the heresy of the didactic. He keeps an eye on details and hence a flexibility of diction was the need of the hour which he mastered. He has dovetailed poetry in prose as and when required in order to enhance the readability and appeal of the prose, in particular. For example, â€Å"Conqueror Worm†, as an individual poem has immense appeal as it can create a typical supernatural ambience. The lines have a dramatic ring, the diction is effective in weaving a credible picture of life, though, an angel comes and sits amidst the audience ‘to see/A play of hopes and fears’ where he found ‘much of Madness and more of sin/And Horror the soul of the plot! ’ But, in the middle of the poem, the tone alters and the brilliant effect is brought forth through befitting diction. ‘But see, amid the mimic rout/A crawling shape intrude! /A blood-red thing that writhes from out/The scenic solitude! /It writhes ! -it writhes! -with mortal pangs/The mimes become its food,/And the seraphs sob at vermin fangs/In human gore imbued. † The very lines from this poem, when incorporated into the famous short story â€Å"Ligeia†, it enhances the appeal of the latter. This story is primarily based on the theory of metempsychosis [transmigration of souls], as Ligeia makes a return to her husband through the takeover of the corpse of the second wife of her husband. Poe gets torn between the two disintegrated parts of the story—one, the life and death of Ligeia and the other, the return of heroine Ligeia ,years after, to life. It was not a cakewalk to harness the two threads to give rise to a unity of narrative. For this end in view, Poe has made use of a succession of highly suggestive images and words that mentally prepares the readers for the heroine’s strange return to life from the land of the dead. Weaving of the weird atmosphere adroitly with chosen, appropriate, vibrant diction reminds us of the romantic poet, S. T. Coleridge ,who with similar adept and facile pen used to make us ‘willingly suspend our disbelief’. For example, in the story ‘Ligeia’, the way in which the revelation occurs to Ligeia’s husband is really remarkable, â€Å"The greater part of the fearful night had worn away ,and she who had been dead once again stirred and now more vigorously than hitherto, although arousing from a dissolution more appalling in its utter hopelessness than any†¦Ã¢â‚¬ ¦.. The corpse, I repeat, stirred, and now more vigorously than before. The hues of life flushed up with unwonted energy into the countenance—the limbs relaxed—and, save that the eyelids were yet pressed heavily together, and that the bandages and draperies of the grave still imparted their charnel character to the figure, I might have dreamed that Rowena had indeed shaken off, utterly, the fetters of Death. † Through the turns of phrases, suggestive images, gothic expressions, meaningful caesura, hair-raising descriptions the writer dawns the ghastly truth upon Ligeia’s husband , at long last, â€Å" ‘Here then, at least, I shrieked aloud, ‘can I never be mistaken—these are the full, and the black ,and the wild eyes—of my lost love—of the lady—of the Lady Ligeia. † â€Å"The Tell-Tale Heart† is a significant story certifying Poe’s oeuvre. Use of maximum expletives is a characteristic feature of diction here. The very opening is striking from the point of diction, â€Å"True! -nervous-very, very dreadfully nervous I had been and am; but why will you say that I am mad? The disease had sharpened my senses –not destroyed—not dulled them. †¦. How then am I mad? Hearken! And observe how healthily—how calmly I can tell you the whole story. † The colloquial intimacy of the narrative, the protagonist’s fear of the old man’s ‘vulture-like, pale blue eye’, the Evil Eye , as he names it. After continuously assiduous attempts, he succeeds in killing the old man with the Evil Eye. But, he becomes victim of divine retribution and the ticking of the old man’s heart begins to throb in himself, abruptly, rather mysteriously and he admits the heinous deed. Poe’s diction is really apt in bringing forth the heart-rending finale of the story, â€Å" ‘Villains! ’I shrieked, ‘dissemble no more! I admit the deed! -tear up the planks! -here, here! -it is the beating of his hideous heart! † It has already been said that ,Poe believed that the tale should have unity of effect and that everything must be subservient to this unity. The Fall of the House of Usher is a brilliant example of Poe’s craftsmanship as it is tightly structured, concentrated and possessing unity of effect, diction, design and atmosphere. At the very outset, an atmosphere of desolation and disintegration is woven deliberately by Poe . The use of his another poetical piece The Haunted Palace is also timely and appropriate and in unison with the demand of the narration. Especially, in the concluding stanza of the poem ,we find the real appeal of the story packed meticulously, â€Å"And travelers now within that valley,/Through the red-litten windows see/Vast forms that move fantastically/To a discordant melody;/While, like a rapid ghastly river,/Through the pale door,/A hideous throng rush out forever,/And laugh—but smile no more. † In the following lines, Poe is keen on justifying the germaneness of the poetical lines, as included. The tempestuous elements of nature ,the solemn movement of the prose, rising to a crescendo at the end and all the strands of the story converging to the ‘single effect’ produce the grim phantasm, fear, which dominates the story. The strange appearance of the house, the weird actions of the mad inhabitant of the house, Usher, the strange burial and return to life of Madeline ,the death of Usher and the destruction of the house are incidents that contribute to the effect of horror. But there are other subtle factors too. One such factor is a series of ‘weird identifications’, for example, identification between the house and its inmates, between Usher and his sister and finally between the madness of Usher and the momentary madness of the narrator. Even, in the poems too Poe is at his innovative best ,so far as the use of diction is concerned. In the most popular poem,â€Å"The Raven†, the poet with his capturing diction runs to relate to the readers the grief of a bereaved lover for his lost love. The refrain ‘nevermore’ expresses the intensity of sorrow of the lover for his never-to-return beloved! In another poem â€Å"To Helen†, Poe mingles theme and form adeptly. Poe’s complete mastery over the diction is seen in the poem The Bells, where the four different stanzas recapture with striking effect the sound of four different bells—silver bells,golden bells, brass bells and iron bells. It has been rightly praised as one of the finest examples of onomatopoeia. In conclusion, it can , of course, be said in the words of Kirszner and Mandell , â€Å"Using vivid imagery and evocative comparisons, writers of imaginative literature often stretch language to its limits. By relying on the multiple connotations of words and images, a work of imagination †¦encourages readers to see the possibilities of language and to move beyond the factual details of an event. †[p-1] Sources Books: 1. Kirszner, Laurie G. & Mandell, Stephen R. : Literature: Reading, Reacting, Writing, Heinle&Heinle,1999. 2. Davidson, Edward H. : Poe—A Critical Study ,Harvard University Press, USA. 3. Krutch, Joseph Wood: Edgar Allan Poe—A Study in Genius, N. Y. Knopf, USA Web Sources 1. www. poestories. com 2. www. poemuseum. org

GCSE Macbeth Assignment Essay

Shakespeare wrote â€Å"Macbeth† around 1606. This was a very violent time for the newly recognised British Isles. Just three years earlier, after nearly half a century in power, Queen Elizabeth I had died. She was succeeded by James I (or James VI of Scotland). James was of Scottish heritage and his style of rule was very different to that of Elizabeth who had been strong and imposing character. It would seem that James was a weaker monarch and in 1605, just two years after being crowned, there was a plot to destroy the houses of parliament, a symbol of his power. This is famously known as the Gunpowder Plot and is still commemorated every year on the 5th of November. Most agree that Shakespeare wrote â€Å"Macbeth† (or â€Å"The Scottish Play†) to comment on the underlying mood of the time. He sets his play in Scotland to try and win favour with King James and furthermore, makes the subject matter that of assassination and regicide ending in overall failure, to try and warn other possible plotters against the king. King James was renowned for his fascination and hatred of witches and during his reign tens of thousands of â€Å"witches† were killed. Shakespeare thus makes all the carnage and murder in the play the result of the witches’ prophecies. Our first impression of Macbeth is a very good one. In only the second scene, before we even meet Macbeth, we hear him referred to as â€Å"brave Macbeth – well he deserves that name.† Again, before Macbeth is even introduced to us, King Duncan remarks (with regard to Macbeth and Banquo) â€Å"they smack of honour both.† Although we are also told that Macbeth’s sword was â€Å"smoked with bloody execution† this is most definitely seen as a positive attribute and not as grounds for worry for the other characters. It could however, be a hint from Shakespeare that things are not completely as they seem. Initially, we see Macbeth as valiant and honourable and the man who, almost single-handedly, has saved the battle for his country. At this point, there is no finite indication of the madness that is to follow. In my opinion, right from the scene where we first meet Macbeth, Shakespeare makes it perfectly clear that he is not completely emotionally or psychologically stable. Whilst returning from the battle, Macbeth and his good friend Banquo encounter the three withes that commenced the play. They tell him, â€Å"All hail, Macbeth! Hail to thee, thane of Glamis! All hail, Macbeth, hail to thee, thane of Cawdor! All hail, Macbeth, thou shalt be king hereafter.† Macbeth is clearly startled by this, but he tries to reason with himself that what has been said cannot possibly be true. After a short jovial interlude with Banquo – Angus and Ross arrive and congratulate the two on their victory. Then they endow Macbeth with the title of â€Å"Thane of Cawdor,† and I believe that this is the turning point of the whole play. Macbeth seems almost entranced by this and speaks almost the whole of the rest of the scene to himself. He tries to reason what had just taken place but now, he seems changed. As the play develops, we get a closer insight into Macbeth’s mental instabilities and nowhere more so than before the murder of Duncan. Shakespeare has purposefully orchestrated a situation to show Macbeth’s true personality and inner feelings. Macbeth, however bloody and deranged he may seem after his encounter with the witches, is still a respectable man, and killing his king is a very large decision for him to take. Lady Macbeth has completely pressured him into this situation and this in itself shows us that Macbeth is not a strong person at all. We can see this clearly by the fact that Macbeth says â€Å"We will proceed no further in this business,† supposedly putting his foot down. However, by the end of Lady Macbeth’s response Macbeth is already asking the question â€Å"If we should fail?† This indicates that Lady Macbeth has no respect or fear for Macbeth who, only three scenes earlier was being described as bloody, valiant and honourable. He reminds his wife that â€Å"Bloody instructions, which, being taught, return to plague th’inventor,† pondering whether he would be killed if he were to be found out. Possibly in another act of cowardice he never directly tells Lady Macbeth about what he thinks will happen. But instead tells her, â€Å"This blow might be the be-all and the end-all here.† However, Lady Macbeth’s influence and determination is far greater than his and she forces Macbeth into the committing the deed. Macbeth tells his wife that it would be inhumane to kill King Duncan, â€Å"I dare do all that may become a man; Who dares do more is none.† We can also see that there is a definite element of fear in Macbeth, as when speaking, he refrains from using the word â€Å"murder.† Instead he uses euphemisms, â€Å"done† or â€Å"it†: â€Å"If it were done when’t is done.† He uses other words such as, â€Å"surcease† and â€Å"blow,† because Macbeth cannot even bear to say the word â€Å"murder.† Throughout the scene we see flashes of the â€Å"honourable† Macbeth described at the beginning of the play. For instance Macbeth displays a degree loyalty to Duncan when arguing with Lady Macbeth because he tells her, â€Å"as his host who should against his murderer shut the door, not bear the knife myself.† The words â€Å"who should† mean that although Macbeth accepts that he should have said no to his wife, her influenced has forced him otherwise. In fitting with the times, Shakespeare uses Biblical imagery in his writing. Macbeth says â€Å"That is virtues will plead like angels, trumpet-tongued, against the deep damnation of his taking-off.† Apart from showing us that Macbeth is fearful of the immediate consequences of his actions, this also reveals his paranoia over the effects it will have on his after-life. The belief that someone would either go to heaven or to hell was virtually taken for granted in the early 17th Century. By using religious imagery in his play, Shakespeare makes sure that his intended audience are able to relate to the play fully. Finally, a stronger side of Macbeth then comes out and he says â€Å"I have no spur to prick the sides of my intent, but only vaulting ambition.† Meaning that the only thing â€Å"spurring† him on is his ambition and nothing else, not even the pressure being exerted by his wife. He tells her that she is not affecting his actions, and in doing so, attempts to reassert him authority on the conversation. Shakespeare investigates many different aspects of Macbeths psyche in this short scene. On the one hand, contradictory to the picture of Macbeth that we have built up, Macbeth seems to be very weak. This is shown by the way Lady Macbeth has easily manipulated him and in some ways poisoned his mind. In this scene we also see shades of a more gentle Macbeth coming through, with his reluctance and doubt about killing Duncan. This whole scene leaves the audience very confused. Should they feel sympathy for Macbeth as they watch him try to defend himself against Lady Macbeth’s barrage of out-downs? Or should they dismiss his reluctance to kill Duncan as a symptom of his schizophrenia (and not that his conscience is catching up with or his more humane side coming out)? I am not even sure that Macbeth quite knows what to think, something that works perfectly for Shakespeare – as this layer of uncertainty creates suspense within the audience and forces them to carry on listening. After the murder, we are given yet more insight into Macbeth’s character. Fleeing from the scene of the crime he shows signs of paranoia. After hearing someone in the distance he shouts â€Å"Who’s there? what, ho!† He is clearly not thinking as, having just committed a terrible crime; he should have tried to have stayed undetected. The murder has definitely had an effect on him. He then discovers that luckily, it is only his wife and when he meets her anxiety clouds his thoughts. The first thing that he asks is â€Å"Didst thou not hear a noise?† To calm himself down he persistently asks Lady Macbeth whether she heard noises â€Å"When?†, â€Å"As I descended?† trying to reassure himself that he was not detected and there is nothing to worry about. His speech is edgy and uneasy. It that shows that he has not managed to calm down. Shakespeare usually wrote in iambic pentameters and these short one-word questions distort the flow of this pattern and are meant to indicate the paranoia and nervousness of Macbeth and his wife. Macbeth must have been extremely perturbed when he was in the room with Duncan. He says â€Å"this is a sorry sight,† whilst he is looking at his hands. This indicates that the killing was messy and later, Macbeth describes them as â€Å"hangman’s hands.† This could mean that Macbeth is disgusted and sorrowful for committing such a disgraceful crime and that he is showing signs of remorse. He continues to use euphemisms, such as â€Å"deed† to block out and forget the murder as much as he can. Shakespeare tries to give the audience the impression that Macbeth is sorry for his actions and not a cold-blooded person. Shakespeare also gives Macbeth another human element whereby he has him looking down at his hands, something that many people can identify with. Macbeth then goes on to talk about the â€Å"deed.† He mentions that when the two grooms were in the room with Duncan one cried, â€Å"Murder!† As Macbeth has refrained from using this tabooed word throughout the passage he must be very unstable to finally use it. Shakespeare also uses an exclamation mark which is meant to startle the audience and create suspense with a short pause. The short pause here is in start contrast to Macbeths other words which are written to be spoken very quickly. This is to give the audience the idea that Macbeth wants to forget his experience and get it off his chest as quickly as possible. A good example is when Macbeth is again talking about the two grooms, â€Å"That they did wake each other: I stood and heard them; but they did say their prayers, and addressed them again to sleep†. What Macbeth says next can also tell us much about his inner feelings. He does not respond to Lady Macbeth’s remark â€Å"There are two lodged together,† but instead carries on as if she were not there. This is a sure sign, as if it were needed, that he has been deeply affected by the prior events. He speaks in a jumbled fashion but yet his flow is uninterrupted. He refers to the Biblical terms used by the guards, â€Å"G-d bless us!† and â€Å"Amen.† He then says that he could not respond to the statement â€Å"G-d bless us† with the traditional â€Å"Amen.† This is probably because, looking at his blood soaked hands and thinking about what he has done he feels that he has badly dishonoured his religion Muddling his sentences, once more reveals the volatile state of his mind and his inability to think straight. Obsessed with the betrayal of his religion, he continues to talk about his inability to say â€Å"Amen.† He also mentions, â€Å"I had most need of blessing.† Here, Macbeth must be thinking about what will happen to him in the afterlife and whether he will be eternally damned for his actions. Macbeth then carries on to talk about sleep. He tells us that sleep is â€Å"innocent,† hinting that whilst he is asleep, he does not feel the guilt of whatever cruel actions he has taken during the day. He says that sleeps is â€Å"great nature’s second course,† referring to his life as a meal and saying that his â€Å"innocent sleep† is the best course. Then his words take on a dark tone. Again, completely ignoring what Lady Macbeth has said, he carries on in an entranced state. He says â€Å"Macbeth does murder sleep†Ã¢â‚¬ ¦ â€Å"Glamis hath murder’d sleep, and therefore Cawdor Shall sleep no more; Macbeth shall sleep no more.’ The fact that he can no longer escape to his â€Å"innocent sleep† because â€Å"Cawdor† and â€Å"Glamis† (he does not mention his own name or talk in the first person, probably through guilt) have murdered it evidently disturbs Macbeth. In my opinion, Shakespeare uses makes Macbeth say â€Å"Cawdor† and â€Å"Glamis† to remind the audience of the significance of the prophecy by the witches to the plot of the play – and specifically the murder. Finally, the audience are shown that Macbeth is broken and hysterical. Macbeth has given up and is reluctant to carry on. â€Å"I’ll go on no more: I am afraid to think what I have done.† Macbeth believes that he cannot carry on through fear of being discovered and that he would be constantly reminded of this great sin. This scene reiterates to the audience Macbeth’s insanity and shows us many of his emotions that we have already seen such. However, we see yet another side to Macbeth’s persona in the form of his religiousness. The audience is now confronted with someone who initially was the archetypal hero, but now is the complete antithesis. During the play the audience have seen his rationality and his insanity, his treachery and honour and both his bravery and cowardice. Now furthermore, we see his spirituality. Again, the audience cannot help but be bemused about who the real Macbeth is – and at this point in the play, which signals Macbeths psychological demise, this serves a brilliant dramatic purpose in that the audience really do not know what to expect next. The final act regards Macbeth’s demise. After hearing that Macbeth has murdered his entire family, Macduff (who has had his doubts about Macbeth ever since the murder of Duncan) joins forces with Prince Malcolm (Duncan’s son who fled to England after hearing of his father’s death).Meanwhile, Macbeth has visited the witches again – paranoid of Macduff’s challenge to his crown. They told him that he has nothing to worry to about â€Å"for none of woman born shall harm Macbeth† and that he was alright â€Å"until Great Birnam wood to high Dunsinane shall come against him.† At the beginning of Act 5 Scene 3, Macduff is already advancing on Macbeth. Macbeth seems confident and he insists, â€Å"bring me no more reports: let them fly all.† He is obviously not worried, however desperate the situation may seem because he truly believes that what the witches have told him is true. Shakespeare is possibly hinting this when he uses the word â€Å"fly† which has connotations of witchcraft. We are then reminded of Macbeth’s valiant side we were told about at the beginning of the play. He shows fearlessness by describing his servant as a â€Å"cream-faced loon,† meaning that he is pale faced and fearful. Macbeth therefore tells the servant to â€Å"prick thy face, and over-red thy fear.† Here telling him to cut himself and cover his face with the blood to look less pale. The Macbeth speaking now able to talk about subjects like shedding blood and feels no need to replace such words with euphemisms. This could be a sign that either Macbeth has lost all the guilt and remorse for his past murders, or that he is completely insane and no longer has any humanity left. We see flashes of this valiant Macbeth throughout the act. An example of this is when he says â€Å"I’ll fight, till from my bones my flesh be hacked.† Macbeth is then greeted with the news that – in the words of his messenger – â€Å"The wood began to move† He wonders whether the witches have deceived him, and he sets out fighting even though it may be in vain. He crosses Siward’s son. Macbeth is very arrogant about his clash with Siward’s son, because the witches’ predictions have proved correct so far, and they have told him not to fear any human born of a woman. Siward’s Son asks him his name, and as if a man assured of victory he replies â€Å"Thou’lt be afraid to hear it.† He finally answers â€Å"My name’s Macbeth,† this short phrase shows how self-assured Macbeth is. It also carries alliteration when spoken. The conflict concludes with Siward’s Son’s death. Macbeth makes a speech in soliloquy after killing Siward, â€Å"But swords I smile at, weapons laugh to scorn, Brandished by man that’s of a woman born.† The rhyming couplet gives his image a boost by convincing the audience that he is invincible. He assures himself that he has power and control over fate. When Macbeth meets Macduff, he tries to take the same tone as with Siward’s Son. He tells Macduff that â€Å"I bear a charmed life, which must not yield To one of woman born† Macduff replies â€Å"Despair thy charm†¦ Macduff was from his mother’s womb Untimely ripp’d.† At this Macbeth is clearly startled and he curses the witches accusing them of being â€Å"juggling fiends,† because they have tricked him through â€Å"juggling† their words. When Macbeth accepts Macduff’s challenge, even though he knows the end is near, the valiant and honourable side of his character shines through again. Macduff calls Macbeth a â€Å"coward† and tells him to â€Å"yield.† Possibly in one final maniac act of desperation he accepts the challenge and does not yield. He says that he cannot be dishonoured, â€Å"to kiss the ground before young Malcolm’s feet.† This is very clever as it uses distinct imagery that is easy to relate to. He goes on to say â€Å"I will not yield†¦ to be baited with the rabble’s curse†, saying that if he yields even common people will tease him. He goes forth to battle with Macduff and is killed. Shakespeare’s Macbeth is on of the classic tragic figures in literary history. He personifies a man’s corruption as a result of power. From our initial view of him, as what can only be described as a hero, we see him fall into an abyss of mental instability and eventually insanity. Shakespeare investigates many ideas such as, things not being as they seem, feminine influence and the overall result of regicide. He uses many cleverly crafted semantic fields such as clothes (â€Å"why do you dress me in borrow’d robes†) and a man’s face (â€Å"There’s daggers in men’s smiles†). These all work as clever imagery to further entice the audience. Apart from being a tragic hero, Macbeth is also one of the most complicated of all of Shakespeare’s characters. He goes through almost every emotion that we have a word for, and his feelings always contradict. First we think he is a fearless warrior, and then we see him bullied by his heartless wife. This serves a superb dramatic purpose for Shakespeare as the audience are never sure what to think or what to expect next. The conclude, the play â€Å"Macbeth† is undoubtedly one of Shakespeare’s greatest masterpieces and is a timeless piece of theatre – with its core, being the dramatic enigma that it the character, Macbeth.

Australian Competition and Connection Consumer Commission

Coles is a huge brand in Australia and the provisions of the Competition and Consumer Act, 2010, (Cth) apply on the company. To meet with the regulatory compliance of this act, Coles has opted for a few strategies. These strategies include providing better shopping experience to its customers, improving the quality by use of fresher produce and offering better value by lowering the prices of weekly shopping basket. The Annual Report of Coles for the financial year 2015 stated its objectives as delivering a better store network; focus on freshness and creating trusted value. By supplying better quality products, Coles is working towards creating trusted value. Coles Online is a part of the company which also shares the same strategy of providing better services, by making shopping easy for its customers. This strategy has a clear and strong focus on delivering savings to its customers. Coles Express had introduced trusted Every Day Value pricing in its stores for fulfillment of this strategy (Coles, 2015). The slogans of the company, used from time to time are aligned with the, objectives of the Act. Whether it is the slogan used in 1980s of â€Å"You'll find the best value is at Coles New World"  or the one used from 1998 to 2003, which was "Serving you better†, Coles has ensured that the objectives of the Act are met. The current slogan of the company â€Å"Down Down† promotes competition (Mortimer, 2015). The strategies of Coles seem plain advertisement criteria, but a careful observation of the wordings clarifies the objective behind these strategies. The Act, through its various provisions, provides that a business has to ensure that the produce provided to the consumers, is safe for human consumption. Further, the products which have a low shelf life have to be provided to the customers, within the shelf life of such product. The act also provides that the inertest of the consumer have to be secured. All the strategies of Coles reflect the objective of the Competition and Consumer Act, 2010. The objective of this Act is to enhance the welfare of the Australians by promoting competition, free trading and providing provisions for consumer protection (Australian Government, 2016). The strategy of Coles is to provide fresher products to its customers. By providing fresher produce, the company sets examples to its competitors to ensure that the consumers ultimately benefit from its business. A better store network would ensure that the customers do not face any hassles in their shopping experience. One of the strategies of Coles is to provide better products at lower values. By ensuring a combination of better product with low costs, a sense of competition is attained. The other companies would also move towards providing such services. The consumer would get better products at lesser prices. This would again promote competition. Coles had its share of problems with the Australian Competition and Consumer Commission. The Court in the case of ACCC v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 held that the company was engaged in unconscionable conduct and levied a penalty of $10 million on it (Australian Competition and Consumer Commission, 2014). The judge held that the misconduct of Coles was deliberate, repeated and serious. Further, the judge held that the company had misused its bargaining power and the conduct of Coles was contrary to the conscience (Australian Competition Law, 2015). This created a huge problem for Coles as it failed on its strategies to promote competition. On the basis of above case, certain recommendations have been drafted for Coles to improve the management activities of the company, in order to comply with the competition law. The main recommendation for Coles is that, it has to ensure that the incidents mentioned in the above case are not repeated. It should conduct its business in a way which is considered as conscience. It should, at no instance, threaten to harm its suppliers who refused to comply with the Company’s demands. Coles has to promote fair trading in its business, along with promoting competition amongst the businesses. Coles has to ensure that it does not indulge in any sort of misleading and deceptive conduct. Further, as the unconscionable and misleading conduct has been prohibited through this Act, Coles has to make sure that it does not take part in such conduct. There has already been a case against Coles in this regard, and any more cases would mean that the company fails to achieve its strategies of creating trusted value. There is also scope of improvement in the management activities of the company to ensure compliance of competition law. The company is working towards providing fresher produce but by creating a better supply chain, the time of getting the produce from suppliers to the supermarket can be reduced. This would ensure that the consumers gets fresh produce and promotes competition. To conclude, it is recommended to the company that they follow the provisions of the Act strictly and ensure that the instances of unconscionable conduct are not repeated. Keeping in view the incident that occurred, the grounds for successful negligence along with the consequences to Bungee World Ltd (BW) have been enlightened here. Recommendations are also provided to resolve the potentially damaging public relations problem in the best possible way. Negligence is the civil wrong done where a duty of care was owed by a person towards another person and the person failed to fulfill this duty, which resulted in a loss or injury to the other person. To establish that the liability arose under the tort of negligence, certain elements have to be present. These elements include a duty of care, a breach of such duty of care, a loss or injury as a result of breach of the duty, and that the loss or injury has to be relevant and not too remote. As per the Civil Liability Act, 2002 (NSW), a person is not considered as negligent unless the risk was predictable, the risk was not at all insignificant and in similar circumstances a prudent person would have taken proper precautions. A landmark case in the duty of care is the case of Donoghue v Stevenson [1932] AC 562 (Boella and Pannett, 1999). Further, a standard of care has to be ensured as was seen in the case of Bathurst Regional Council v Thompson [2012] NSWCA 340 (Sheehan, 2012). Though a defense is available to the breaching party which states that, a person has to ensure his own safety when the risks are presumed. In such a case, the aggrieved party cannot sue the breaching party as they failed to take the duty of care for themselves. This was also established in the case of Mulligan v Coffs Harbour City Council (2005) 223 CLR (High Court of Australia, 2005). But, in the case of Rootes v Shelton (1967) 116 CLR 383, 385-6, the judge held that when the risk is inherent, the people are bound to accept it to engage in the risky sports (Swarb, 2016). And so, this cannot be referred as a defense by the breaching party. Damage is not only the physical damage, but also the emotional distress. In the case of Baltic Shipping v Dillon (1993) 176 CLR 344, it was held that the applicant could recover damages for the emotional distress that resulted from the breach of duty of care (Australian Contract Law, 2013). In the present case, BW was providing the services of Bungee Jumping for a fee of $50. Further, a waiver form had to be signed by the customers to undertake this activity. As has been established from the famous cases, this does not reduce the liability of BW in case of an injury. BW owed a duty of care towards Loki and had to ensure that the equipment for the bungee jumping was safe and secure. Further, the risk of corrosion was inherent due to the sea moisture present in the air. In this case, BW is liable for negligence as it breached the duty of care it owed to Loki. Further, as stated above, the injury does not have to be a physical and a mental injury is enough to claim damages under negligence. In this case, Loki did not suffer any physical injury but suffered a nervous shock. So, he can successfully sue BW for negligence. As a result of this negligence action taken by Loki, BW will be liable to pay Loki the monetary damages, as a remedy for the injury which Loki suffered. This is a potentially damaging public relations problem and so an effective crisis management is needed to resolve this problem. It is recommended to the Board that the problem should be assessed properly and an understanding should be gained regarding the potential stakeholder, which is Loki in this case. The Board should take steps in providing compensation to Loki before he takes any legal action. This would not only save the costs of legal proceedings, but also act as a shield against the damage done to Loki, as well as, to the image of the company. It is also recommended to the Board to ensure that the faulty equipment is changed and that all the old equipment is checked for its durability and safety. The Board should properly advertise the remedial actions taken as well as the voluntary compensation provided to Loki, so that the image of the company, in the eyes of the public, is improved. Lastly, it is recommended to the company formulate a proper crisis management team which can anticipate, identify and monitor such crisis which have a negated impact on the image of the company (Bernstein, 2016). The 10 minimum employment entitlements which are provided to the workers in Australia as per the Fair Works Act, 2009, are known as the National Employment Standards, or NES. An enterprise agreement or any other registered agreement, an employment contract, or an award are not allowed to provide such conditions, which are less than the NES or the national minimum wages. It can be rightly inferred that the NES and the national minimum wage cover the minimum entitlements for the workers in this country. The 10 minimum entitlements as are stated in the NES includes requests for flexible working arrangements; annual leave; maximum weekly hours; parental leave and related entitlements; long service leave; fair work information statement; personal careers leave and compassionate leave; community service leave; public holidays; and a notice of termination and redundancy pay (Fair Work Ombudsman, 2016). These standards apply to all such employees who are covered in the national workplace relations system by the NES, irrespective of the registered agreement, employment contract, or the award. Casual employees are also eligible to NES entitlements, when it relates to an unpaid compassionate leave, an unpaid carer’s leave, the Fair Work Information Statement, or the community service leave (Fair Work Ombudsman, 2016). The head of human resources of an Australian engineering company needs to ensure that the company does not contravene these standards. These standards contain that the maximum standard working week should be within the limits of 38 hours for any full time employee, along with the reasonable additional hours. It has to be ensured that the right to request some flexible working arrangement is present. The parental and adoption unpaid leave of 12 months should be available for the employees along with a right to seek an additional 12 months. The paid annual leave of four weeks should be available with the employees for each year, on pro rata basis (The Australian Workers’ Union, 2016). Further, a ten day paid personal or carer’s leave should be available with the employees for each year, on pro rata basis, along with two days unpaid carer’s leave for each permissible occasion, and two days paid compassionate leave for each permissible occasion. The head of HR also has to ensure that proper leaves for jury service, as well as, for emergencies and natural disasters are provided to its employees. Such person also has to ensure that the new employees receive the Fair Work Information Statement. The employees have to be entitled to take the public holidays and the entitlement be paid for ordinary hours for such days. Lastly, the long service leave and notice of termination as well as redundancy pay has to be made available (Fair Work Ombudsman, 2016). The section 3 of the Australian Consumer Law (ACL) defines the term consumer. A person who acquires goods or services and the amount paid for such goods or services does not exceed $40,000, is a consumer (Australasian Legal Information Institute, 2016). Such goods and services must be used for personal only and not for re-supply, to fall under the category of consumer. Further, Section 21 of the ACL contains provisions regarding unconscionable conduct in relation to the goods or services. Section 21(1) prohibits a person from supplying or acquiring goods and services, to or from, a person in a manner where the conduct is considered as unconscionable (Australian Competition Law, 2014). Though, the sections of ACL do not define what is considered as unconscionable conduct and hence, reliance is made to the Courts to consider whether an act can be termed as unconscionable conduct or not (Find Law Australia, 2016). The courts generally rely on the following points to consider the conduct as unconscionable conduct: the strength in the bargaining capabilities of the consumer and the supplier; if the consumer was required to comply with the conditions of the supplier, which were not reasonable in the interests of the consumer, and the supplier’s conduct had forced the consumer to comply with such conditions; whether or not the consumer had a clear understanding regarding the appropriate documents related to the supply of goods and services; whether the supplier exerted any pressure or undue influence on the consumer; and such circumstances where the consumer could have taken the goods or supplier from any other supplier. If a supplier is found guilty of contravening the section 21 of the ACL, such supplier is then liable to civil pecuniary penalties of $220,000 for persons (other than body corporate) and for body corporate the penalty amount is $1.1 million. Further, the enforcement powers and remedies can also be applied on the supplier for contravening this section. These include injunctions, damages, substantial notices, undertakings, infringement notices, and non-punitive orders, amongst the other things (Australian Consumer Law, 2013). As the sale of the Ono water filter amounted to $2000, Rebecca would be considered as a consumer under the ACL. Dave had used undue influence on Rebecca and forced her to purchase the filter. Further, he used his strength of bargaining position and forced Rebecca to waive the cooling off period. Rebecca had no need to purchase the filter but the unconscionable conduct of Dave compelled her to buy the filter. Hence, Dave contravened the sections of ACL and as a result, Rebecca has the right to seek compensation from Dave. Further, Dave is also liable to civil pecuniary penalties of $220,000. Australasian Legal Information Institute. (2016) Competition And Consumer Act 2010 - Schedule 2. [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html [Accessed on: 20/09/16] Australian Competition and Consumer Commission. (2014) Court finds Coles engaged in unconscionable conduct and orders Coles pay $10 million penalties. [Online] Australian Competition and Consumer Commission. Available from: https://www.accc.gov.au/media-release/court-finds-coles-engaged-in-unconscionable-conduct-and-orders-coles-pay-10-million-penalties [Accessed on: 20/09/16] Australian Competition Law. (2014) Section 21: Unconscionable conduct in connection with goods or services. [Online] Australian Competition Law. Available from: https://www.australiancompetitionlaw.org/legislation/provisions/acl21.html [Accessed on: 20/09/16] Australian Competition Law. (2015) ACCC v Coles Supermarkets Australia Pty Ltd ACCC v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 (22 December 2014). [Online] Australian Competition Law. Available from: https://www.australiancompetitionlaw.org/cases/2014coles.html [Accessed on: 20/09/16] Australian Consumer Law. (2013) The Australian Consumer Law: A framework overview. [Online] Australian Government. Available from: https://consumerlaw.gov.au/files/2015/06/ACL_framework_overview.pdf [Accessed on: 20/09/16] Australian Contract Law. (2013) Baltic Shipping v Dillon High Court of Australia (1993) 176 CLR 344. [Online] Australian Contract Law. Available from: https://www.australiancontractlaw.com/cases/baltic.html [Accessed on: 20/09/16] Australian Government. (2016) Competition and Consumer Act 2010. [Online] Australian Government. Available from: https://www.legislation.gov.au/Details/C2011C00003/Html/Volume_1#param2 [Accessed on: 20/09/16] Bernstein, J. (2016) The 10 Steps of Crisis Communications. [Online] Bernstein Crisis Management. Available from: https://www.bernsteincrisismanagement.com/the-10-steps-of-crisis-communications/ [Accessed on: 20/09/16] Boella, M., and Pannett, A. (1999) Principles of Hospitality Law. 2nd ed. UK: Thomson Learning, pp 16-17. Coles. (2015) Annual Report 2015. [Online] Coles. https://www.coles.com.au/~/media/files/coles/pdfs/industry%20reports/467372_coles_annual_report_2015_18.pdf [Accessed on: 20/09/16] Fair Work Ombudsman. (2016) Fair Work Information Statement. [Online] Australian Government. Available from: https://www.fairwork.gov.au/ArticleDocuments/724/Fair-Work-Information-Statement.pdf.aspx [Accessed on: 20/09/16] Fair Work Ombudsman. (2016) National Employment Standards. [Online] Australian Government. Available from: https://www.fairwork.gov.au/employee-entitlements/national-employment-standards [Accessed on: 20/09/16] Find Law Australia. (2016) Consumer law: What is unconscionable conduct?. [Online] Find Law Australia. Available from: https://www.findlaw.com.au/articles/4474/consumer-law-what-is-unconscionable-conduct-.aspx [Accessed on: 20/09/16] High Court of Australia. (2005) Mulligan v Coffs Harbour City Council [2005] HCA 63. [Online] High Court of Australia. Available from: https://eresources.hcourt.gov.au/downloadPdf/2005/HCA/63 [Accessed on: 20/09/16] Mortimer, G. (2015) Down, down but not different: Australia’s supermarkets in a race to the bottom. [Online] Queensland University of Technology. Available from: https://eprints.qut.edu.au/92666/2/92666.pdf [Accessed on: 20/09/16] Sheehan, E. (2012) Council fails in reliance on s 42 defence – accident on steps of rotunda in park - Bathurst Regional Council as Trustee for the Bathurst City Council Crown Reserves Reserve Trust v Thompson [2012] NSWCA 340. [Online] Curwoods Lawyers Case Notes. Available from: https://casenotes.curwoods.com.au/?p=2002 [Accessed on: 20/09/16] Swarb. (2016) Rootes V Shelton; 1965. [Online] Swarb. Available from: https://swarb.co.uk/rootes-v-shelton-1965/ [Accessed on: 20/09/16] The Australian Workers’ Union. (2016) National Employment Standards. [Online] The Australian Workers’ Union. Available from: https://www.awu.net.au/national-employment-standards [Accessed on: 20/09/16].

Organising the classroom for ADHD pupils Essay Example | Topics and Well Written Essays - 1500 words - 1

Organising the classroom for ADHD pupils - Essay Example anifested the classic signs of ADHD including hyperactivity, short attention span, easy distractibility, class disruptiveness, impulsivity and inattentiveness. Due to his symptoms, he was also having difficulty keeping up with the class lessons. The importance of having to secure a conducive learning environment for him became a necessity especially when the student was falling well behind his other classmates. A plan was established in order to provide support for the student and to ensure his full and effective participation. The student had one-on-one support for his daily lessons, however, this was not working well for the student as different teaching assistants were assigned to him for each subject. The different approaches of the teaching assistants made the situation even more difficult for the student to adapt to. After the teachers and teaching assistants met and discussed the student’s case, it was suggested that there was a need to make changes in the classroom in order to ensure more efficient outcomes. It was suggested that the student needed to have only one teaching assistant assigned to him for his daily lessons. This would help provide consistency and discipline for his lessons and his learning. The reflective process and model which would be applied for this essay would be the Gibbs reflection style. This reflective style provides specific details on the different events surrounding the critical incident. The actions and decisions involving the incident will then be critically assessed and analyzed, applying evidence-based research in order to provide sufficient support and logic for the actions made (Jasper, 2003). This reflective model includes a description of the event, the feelings during the incident, the evaluation of the incident, an analysis of the incident, and an action plan for the incident (Jasper, 2003). A description of the incident is already provided above. In relation to the feelings encountered, I felt that the

Adoption process Research Paper Example | Topics and Well Written Essays - 1500 words

Adoption process - Research Paper Example The process is grueling and requires the completion of paper works which requires the evaluation of both the child’s and the foster parents background thus determining a common ground between the two parties. Additionally, the agreement requires the permission from the biological parents of the child who in this case must surrender all their parenting responsibilities and rights to the new parents. Adoption is a serious process that requires appropriate consideration of all the possible factors including the effects of the process on the child before inception as the essay below analyzes. The process differs from guardianship in that unlike in guardianship where one assumes the parenting rights and responsibilities for a period; in adoption, the transfer is permanent and irreversible. Guardianship occurs when a relation or a Good Samaritan offers to take care of a child for a specific duration before they either return the child to their biological parents or release them as a dults into the society (Jarratt 211). This is not the case in an adoption process since the transfer is permanent and the adopted children have specific privileges that parents accord their biological children. Such rights and privileges include the right to love, affection and fair treatment from the parents. Additionally, the children share equal inheritance rights from the adopting parents. The government safeguards such rights in the constitution thus giving adopted children an advantage in case of a contravention of any of such rights. Adoption is a contemporary necessity resulting from lifestyle relativities. Parents have varying reasons for adopting children. Among the most common reasons given by adopting parents, include the failure of such couples to have children. Such parents may therefore make the decision to adopt a child from any parent within the society willing to relinquish their biological parental rights. Despite the process being an agreement between the two par ties, the legislations safeguard the agreement by providing details that each party to ascribe to in order to maintain the subsequent conflict of interests that arise because of the complications of the process. In most cases, the government always denies certain parents their parenting rights in cases where the parents portray negligence. The state houses such children in homes and orphanages thus making the available for adoptions. Another fundamental reason that has contributed to the rise of adoption in the contemporary society is same sex marriages (Silverstein and Roszia 41). The rise of gay marriages has contributed to the increase of adoption cases since such parents cannot biologically bear children of their own. In retrospect, adoption is a personal decision that couples make on their own. In certain cases, the adopting parents always have children of their own but for reasons best known to them decide to adopt other children. The law therefore establishes the process and nature of adoption in order to protect the interests of each party involved in the adoption process. The adopted children must for example feel the parental love from their new parents and have their right and privileges protected. N case of a separation of the couples, the law explains whatever happens to the children owing to the fact that they are part of the family. The parents must provide for them despite their separations. There are two main types of adoption applicable in the modern societies. These include domestic and foreign adoptions. Domestic adoption refers to an adoption in which both the adopted child and the adopting paren

Coca-Colas New Vending Machine Case Study Example | Topics and Well Written Essays - 250 words

Coca-Colas New Vending Machine - Case Study Example I would recommend Coca-Cola to follow "price discrimination" strategy in such cases as: (1) different customer groups (lower prices for students and higher prices for business organizations); and (2) when a customer buys high quantities of a product. Pricing is a sensitive and complex decision area affecting sales, costs, and profits for both industrial and consumer goods. For consumers, price reductions and increases have symbolic meanings. A customer may associate a price reduction with a reduction in quality, the anticipation of new models, or even lower prices or poor market acceptance. Higher prices may indicate better quality, a good image, and good value (Das Narayandas 2000). Price discrimination is effective tool when it is applied to each individual consumer. For instance, if a buyer is willing to pay more for a product and receive exceptional quality, he/she should pay more. The second situation when Coca-Cola can follow price discrimination is when a customer buys products in large quantities. For instance, price reductions can be proposed to repeat customers and loyal customers. The third case when "price discrimination" is justified is when the company serves different customer groups.

The Branches of Government Essay Example | Topics and Well Written Essays - 500 words

The Branches of Government - Essay Example The power of the federal government is divided among the three branches: the executive, judicial and legislative. Therefore, the separation of the powers has been done in a strict manner. Additionally, the power exercised by any of the three branches is limited in several ways through the powers provided to the other branches of the federal government; due to this, the standard of checks and balances has been established (Accountability in Government 9). One of the results of separating and allocating powers to different branches of the government is that it subjects the government to constant scrutiny, and, therefore, is subject to continued process of accountability (Accountability in Government 10). It is important to note that the Constitution does not have a direct provision that mandates the separation of powers among the three federal government branches. However, the doctrine of separation is critical to the United States government (â€Å"Separation of Powers of Government†). The separation and allocation of powers has ensured that no branch of the government has monopoly over the principle powers of the government. This has prevented the creation of a very strong government with the ability to overpower the individual state governments. Governmental responsibilities intentionally overlap. For instance, the president possesses the power to appoint all the federal ambassadors, judges, and other high-ranking government officials; however, all the appointments must have consent and advice of the Senate. The final authority is possessed by the Supreme Court, which can strike down the acts of the executive and the legislative branches as unconstitutional (Russell). Though the system has worked to some extent, there are exceptional cases where the presidents have done things that can be regarded as unconstitutional. Based on the Constitution, the president can only