Hadley V Baxendale The Court Of Exchequer Chamber

Hadley v Baxendale Introduction In 1854 there were a case named Hadley v. Baxendale discussed by the Court of Exchequer Chamber. All the facts are very well-known. The plaintiffs (a person who brings a case against another in a court of law) possessed a mill that went down on account of a break in the crankshaft that worked the plant. Accordingly the plaintiff needed to transport the broken shaft to the first maker, Joyce Co. of Greenwich, to serve as an example for the production of another shaft. An employee was sent by the company to the local office of the defendants (an individual, company, or institution sued or accused in a court of law), who were carriers exchanging under the name Pickford and Co. The worker told Pickford s†¦show more content†¦On the premise of these claims, the plaintiffs requested damages of  £300. Pickford contended that the damages claimed were excessively remote. The offended parties reacted that these harms were not very remote, as indicated by Hadley the damages are char acteristic and it happened on account of defendants fault. (Eisenberg, 1992) Judgement The trial court left the case for the most part to the jury, which recompensed the offended parties harms of  £25 well beyond  £25 that Pickford had effectively paid into court. The Chamber inverted, not on the hypothesis of remoteness. Rather, it said that an injured party by a break of agreement (breach of contract) can recuperate just those damages that either ought to sensibly be considered as actually. As the likely consequence of the breach of contract, the court presumed that the Hadley (plaintiffs) had neglected to fulfil either test. The two branches of the court s holding have come to be known as the first and second rules of Hadley v. Baxendale. (Eisenberg, 1992) Hadley v baxendale’s case two limb The test of remoteness in contract law is consideration. Damages are accessible for misfortune which: 1) Naturally emerges from the break concurring the standard course of things, 2) Is inside the logical thought of the parties at the season of contracting as the plausible consequence of a breach. These are alluded to as the two limbs of Hadley v Baxendale. CONSEQUENTIALShow MoreRelatedRule Of Reasonable Foreseeability On Breach Of Contract1173 Words   |  5 Pages This rule derives from a classic case: Hadley v. Baxedale, which will be analysed in details in the next part. The aim of this article is to further the application of the rule of the principle of foreseeability, so some problems and some new developing viewpoints concerned with the rule will be explained. â€Æ' I The establishment and development of the rules of foreseeability in Britain A. Analysis on a classic contract-law cases of Hadley v. Baxendale (600 words) The rule of foreseeability comesRead MoreThe Rule Of Reasonable Foreseeability On Breach Of Contract1910 Words   |  8 Pagesaim of this essay is to analyse the application of the rule of the principle of foreseeability. The second part focuses on analysis of a classic case of Hadley v Baxendale [1854] EWHC Exch J70, which defines the rule of predictability, and an introduction of a new theory from Eisenberg M.A. (1992) which might substitute the traditional rule of Hadley. In the third part, this essay states the basic situation and the problems of the application of the rule through citing examples. The fourth part intends

Essay about Chaucers Wife of Bath - 2474 Words

Chaucers Wife of Bath Before beginning any discussion on Chaucer’s Wife of Bath, one must first recognize that, as critic Elaine Treharne writes, â€Å"Critical response to the Wife of Bath has been as diverse as it has been emotive† (2). Some critics love the Wife of Bath and her controversial prologue, proclaiming that she is a woman of strength and powerful words; others hate her and cover the eyes of younger girls, determined that Wife of Bath is instead a role model of what women should not be; and the rest remain a bit confused, simply excusing themselves and the Wife herself. The question of whether or not the Wife of Bath ought to be admired or scorned continues to provoke a number of hands to raise in the air, ready to present†¦show more content†¦The Wife audaciously steps onto stage and belts to her audience, â€Å"What rekketh me though folk saye vilainye,† and follows up with another loud lyric, â€Å"In wifhood wol I use myn instrument / As freely as my Maker e hath it sent† (Chaucer l. 59, 155-56). Here, the Wife of Bath disregards public opinion and then frankly asserts that she—a woman in a society where male dominance even flows into the bedroom—will have sex freely. Thus, while the society and its female typecasts shush her and plead with her to passively sit in silence, the Wife of Bath boldly stands and sings loudly. If mothers want to cover their children’s eyes, they better cover their ears as well with audacious women like Madonna and the Wife of Bath around. Covering eyes and ears may be the very advice of James Cook, another literary critic of the Wife of Bath. Cook raises his hand and has a far different answer then Hansen to the question of the Wife’s respectability. First of all, Cook reveals his disgust at the Wife of Bath’s treatment of marriage: â€Å"In none of her marriages has Alice made a full commitment of her will to the sacrament, and from that reservation follow most unhappy religious consequences--sin, gracelessness, and loss of charity† (4). Cook grumbles about the Wife’s lighthearted attitude toward the sacred bond of marriage and the sin resulting from herShow MoreRelatedGeoffrey Chaucers The Wife of Bath981 Words   |  4 Pages My main focus in the many books from the Canterbury tales was the one of: â€Å" The wife of Bath’s prologue and tale â€Å". The wife of bath is meant not meant to contradict the misogynist of her time, but the scriptural rules of the church. This woman was a â€Å"lady† of lust, and did not care to gain or lose love, but she loaned for power over men and woman. She was a woman who would turn men against other women so that she could have complete control over the man, and make them her husbands in whichRead MoreFeminism In Chaucers The Wife Of Bath1216 Words   |  5 PagesA large part of the study of literature deals with interpreting the original meaning of a work and attempting to understand how it applies to modern day readers. As with other pieces of literature, this is also true for Chaucer’s â€Å"The Wife of Bath’s Prologue,† where many contemporary scholars hail Chaucer as feminist icon for his depiction of an eloquent, independent woman. This interpretation, however, is flawed because it is highly anachronistic. Feminism, as we understand the term today, did notRead More Chaucers The Wise Wife of Bath Essay1385 Words   |  6 PagesChaucers The Wise Wife of Bath The Wife of Bath, in my opinion, is one of Chaucers wisest characters.   I am somewhat surprised that he made up such a character, as he was writing these tales in the early fourteenth century.  Ã‚  Ã‚   She took what she did have, which was wit and wisdom, and used it to her advantage. Although she was assumed to be an ugly old woman, she had five husbands all of whom she had mastered only to have them die.   She personifies the characterRead MoreChaucers Views On Wife Of Bath And Feminism1529 Words   |  7 Pages â€Å"Views on Wife of Bath and Feminism† In the time period of the 14th century, many woman faced inequality. Women were not viewed to uphold the same quota as men. Most females were viewed as passive to males and were not able to make many demands in their relationships or make any contributions to their own survival or life. In the â€Å"Wife of Bath Tale†, written by Geoffrey Chaucer, Chaucer gives an insight into the struggles of a woman. Chaucer gives a voice for women who cannot speak for themselvesRead MoreEssay on The Wife of Bath: Feminism in Chaucers Work2146 Words   |  9 Pagesto their husbands and follow their lead. A womans place was also in the home and the responsibilities of cooking, cleaning, sewing, etc. fell into their domain. Women who deviated from these cultural-set norms made for interesting characters. Chaucers use of women and their overstepping their boundaries and typical roles in society make them most memorable. Most of the gender expectations stemmed from the Church and biblical history. There were many anti-feminist feelings due to Eve causingRead MoreChaucers Canterbury Tales: The Wife of Bath Essay837 Words   |  4 Pagesentertain. One narrative in particular, that of the Wife of Bath, serves both purposes: to teach and to amuse. She renounces the submissive roles of a woman and reveals the moral to her story while portraying women as sex seeking, powerful creatures, an amusing thought indeed. Through her didactic discourse and witty tale, the other travelers, as well as the reader, discover more about women than they have from any other person’s account. The women in Chaucer’s time were contradictory to that of the imageRead MoreAnalysis Of Chaucers Wife Of Bath Prologue And Tale1451 Words   |  6 PagesChaucer’s â€Å"Wife of Bath Prologue and Tale† focus on the story telling of a woman who has experienced her fair share of marital issues. She is depic ted as a promiscuous woman, married five times and had plenty of male suitors, the Wife was not like any other woman during this era. Although her reputation was how most perceived her, she was not a fan of being scrutinized for what she considered as her duty as a woman; to not remain single. This is seen through the depiction of women in society, howRead More Chaucers Canterbury Tales Essay - The Strong Wife of Bath1112 Words   |  5 PagesThe Strong Wife of Bath       Alison of Bath as a battered wife may seem all wrong, but her fifth husband, Jankyn, did torment her and knock her down, if not out, deafening her somewhat in the process. Nevertheless, the Wife of Bath got the upper hand in this marriage as she had done in the other four and as she would probably do in the sixth, which she declared herself ready to welcome. Alison certainly ranks high among women able to gain control over their mates.    The Wife of BathsRead MoreThe Wife Of Bath Tales And Chaucers The Canterbury Tales791 Words   |  4 Pagesmen’s â€Å"dead body did not feel the spade and the sewer as [her] live body felt the fire† (92). Shakespeare depicts Joan, in Henry VI, as â€Å"a ‘troll,’ ‘witch,’ ‘strumpet,’ ‘foul fiend of France’ (qtd. in Sarawsat 90). Likewise, Chaucer’s The Canterbury Tales represents the ‘wife of Bath Tale’ as bawdy. The protagonist Alison â€Å"still submits to the rule of patriarchal world†, she suffers because she is oppressed to the bone. She â€Å"struggles for respect in her own household†. That is why; she needs an innerRead MoreThe Power Of Women In Geoffrey Chaucers The Wife Of Bath2180 Words   |  9 Pages According to the tale told by the Wife of Bath, â€Å"Women desire to have sovereignty/ As well over their husbands as their loves, / And to be in mastery them above† (Chaucer 1044-1046). This statement means that to be masters over their husbands is the ultimate desire of all women. Therefore, the power women have in this time is the power over their husbands, and this power is what they truly desire. However, this is not a common occurrence, and the Wife of Bath believes that in her experience, this

Association Advancement Computer Education â€Myassignmenthelp.Com

Question: Discuss About The Association Advancement Computer Education? Answer: Introducation A diagnostic tool refers to the ability to determine if something is functioning properly or performing its duties. 0n the other hand, a communication style relates to the way people interact with each other verbally or even nonverbally (Adler, Rodman, DuPr, 2016). It involves the combination of both language and nonverbal cues and is the meta-message which defines how a listener receives and interprets verbal messages. When communicating with each other, you follow specific steps of the communication process that include: source-encoding-channel-decoding-receiver. Various communication styles are used across a wide range of areas in our day-to-day activities (Guffey, Loewy, 2012). Having to understand the style of the person you are communicating with determines the difference between getting your message across and getting it across well. In this context, I shall focus on the following key areas: The Mediators To become a mediator, one needs to be at ease; level-headed, a great listener and introverted. Most of them like marinating on questions so they will not give answers directly. To connect with them effectively; you need to keep your tone of voice at discussion level while verbally communicating, start a conversation with a warm and friendlily greeting, be patient and logical in your communication. The Analyzers These are people considered perfectionists and task-oriented and are suspicious of others. In such a setting you may find them answering a question with another question (Rost, Candlin, 2014). To communicate with them, you must choose the words you use very wisely avoiding terms such as Let me offer you some advice. make all the points understood before moving to the other. The Socializer You may find the setting of your communication being livelier. They like talking and a loud enough. Are also considered friendly to people and very social. To effectively communicate with them; allow time for interaction, put details down in writing, have a fast pace in your speech and avoid a rough, aggressive tone. The Aggressor-Asserter There is a setting of a CEO attitude. They are direct and blunt in their communication making you know where you stand (Tyagi, 2013). To ensure that your communication is effective; be brief, straight and succinct, use a fast and quick pace, avoid lots of details, look them in the eyes, and give short answers. Communicating effectively in different environment setting is an art and understanding your environment creates harmony and avoids contradictions. Communication Diagnostic Tools Before starting to talk, planning your message is very necessary. It requires one to take some time and figure out what exactly you want to say and why you want to say it (Broadbent, 2013). This helps avoid conveying information that is not needed and saving on listeners or readers mind too. Planning what you say takes some steps; understand your objective, your audience, plan what to say. Keep it simple and straightforward since good communication needs to be efficient as well as effective. After having a clear idea of what you want to say, create a clear, well-crafted message. You have to decide how exactly you will put your words across as you take the responsibility of conveying a message that is clear and concise (Geissler, Edison, Wayland, 2012). One is required to consider how your audience will perceive the information and not only what you say if you want to achieve this. You need to choose the best communicating channel to send your message to make use of it (Burgoon, Guerrero, Floyd, 2016). A simple task can be send using email but delegating a complex task may require you to speak in person. A negative emotional content may require you to communicate face to face. To be a good communicator, you also need to allow the other person speak and you just listen. To understand the information being presented, understand the emotions the speaker is expressing. Feedback would be important to ensure that the audience has understood your message. Feedback by body language gives most information about the effectiveness of your communication. You can watch out for a gesture, facial expression and even posture of your audience. Findings of the Tools To become a good speaker, I need to have the required skills to speak, relay information through the right channel as well as be a good listener to others. I should be able to understand what I want to say, read my audience, anticipate the other person to react to my message, select a body language that enables my audience to hear me, check my tone and other subtleties, understand time constraints, paying attention and avoiding distractions. Based on my analysis of the findings, I cite two major communications issues that require development. They include: being able to create a clear and well-crafted message based on my audience, ways of becoming a good listener and how well I can receive and interpret a message. Over a couple of months ago, I have had some professional interactions where my communication skills were highly tested. I have had student-student interactions as well as student-instructor interactions. As a student possessing the skills to be able to listen to others and communicate to them effectively becomes quite a problem. This arises in situations where I fail to decode the right instructions as given by my instructors as well as not being able to answer them back. Communication barrier occurs with the other students when there is need to express me to them and lack the objective or have a problem with the choice of words to use to either contribute to an issue or to express me. Hence, it is necessary to develop these two major communication problems. Listening skills Listening refers to the process of accurately receiving and interpreting messages in the process of communication (Bodie, Cyr, Pence, Rold, Honeycutt, 2012). It is key to any communication, and without it, words are easily misunderstood. Excellent listening skills enable us to have social networks, perform well in our studies, and have better health and general well-being (Bodie, Vickery, Gearhart, 2013). Listening involves not only paying attention to the story but how it is told and the use of language and voice and the use of body language. Models to Effective Listening Skills Position your body in a manner which makes it comfortable as well as inviting for others to come and talk with you. It can involve facing the one talking to you, and if not sited, take an open posture with the arms on the side (Carlile, 2014). Looking around as the conversation takes place or if you keep yawning indicates that you do not want the conversation. To show attentiveness, raise your elbows once in a while, mover closer to the person you are speaking with, smile and laugh when necessary, and nodding your head to agree. Maintain an eye contact to indicate that you have the attention and respect to the speaker. It gives the other person go ahead to pass across their message knowing that you are listening A crucial part of listening is the ability to let go of background noise, thoughts, and even conversations and focusing on the main talk (Islam, 2012). Being carried away by other events prevents you from listening fully. It is wise to turn off communication devices as it is polite and gets rid of extra distractions. Observing the speakers body language is important as somebody languages can communicate to a larger extent than actual wordings. Word of mouth only gives a small fraction of the whole message so watching out for body languages gives a further understanding of the message. Be open-minded judging only after you have heard and evaluated what one has said. Wait before forming opinions because once you do for example see one as being ill-informed, you shut them out and no longer listen to what they have to say. Have an open mind that you appreciate others scope of seeing things from a different perspective. Ask questions during an appropriate pause and avoid interrupting a speaker to ask something. Wait for a break and then ask. This gives the speaker the idea that you are interested enough to want clarification. This creates a speaker-listener conversation rather than someone merely talking to you. Listen with the intent to learn. Fully take in what your partner has to say and make each and every conversation as a learning opportunity. Do not focus too much on how you are going to reply to a person talking to you but understand and absorb what they are trying to put across. Listen to the speakers words and try to picture what they are saying. Create a mental model of the entire conversation to understand it even better by keeping all senses completely alert (Lemonnier, 2012). Always remember keywords and phrases that the speaker uses. Do not rehearse what you are going to say as you listen as this two cannot go hand in hand. Focus only on what the speaker is saying. Always put yourself in the speakers shoes by feeling what he is feeling. Express joy, sadness, or even fear when the person you are talking to does. Use facial expressions to convey them, and your effectiveness as a listener is guaranteed. Communication Skills This is the capability to communicate to others in an effective and efficient manner (Holloway, Mitobe, Atherton, 2015, March). Managers who are decent verbally help facilitate sharing of information between people within a companys setting. It is essential for one to build your way to the top of the business world. Models to Effective Communication Skills You should have the courage to say what is in your mind. One should have the confidence to know that they can make worthwhile contributions to a conversation (Buchanan, Seligman, 2013). Know your opinions and feelings so that you can be in a position to express them to others. Take practices by involving yourself with simple interactions ranging from both social skills to professional skills (Thomas, Stephens, 2015). The new skills may take a while before they can put into practice, but every time you put your communication skills into practice, you open an opportunity to future partnerships. By engaging the people you are talking to, you make them be interested in you. Look at the listeners eyes and move to the eye (Keyton, Caputo, Ford, Fu, Leibowitz, Liu, Wu, 2013). The back and forth movement between the two would make your eyes sparkle. Learn to speak clearly and audibly. Do not allow the space for people to keep asking you to repeat yourself. Instead, learn to articulate yourself in a better manner by even pronouncing your words (Owens, 2016). If not confident about the use of a particular word, then avoid using it altogether. Read new words in your daily routine to master new words and learn their correct pronunciation. Tell a story. Stories help activate our brains making our presentation better and out of it, we can be more persuasive in our communication. They also put us in position to be able to face interviews. Learn to tailor your management depending on the audience (Training, 2010). For example, a different style would be applied when talking to co-workers as compared to when you are having a conversation with your significant other or even elders. Always learn to be short of words yet distinct. Learn to get your point across clearly with fewer words. Together with this, be concrete, correct, and even courteous. Give yourself time to think by pausing in the middle of the conversation (Leathers, Eaves, 2015). There is always that thinking that the people you are talking to are being impatient and would like you to give your information as quickly s possible, but this is not the case. So just compose yourself and relax. Another way to go round this is equipping you with fixed phrases that you can use when remaining silent. This gives you time to reflect, simply by repeating the question asked and add another sentence to it. An action is a plan containing enough details of achieving a goal or an objective. It includes a number of the main events that are going to take place (Alessi, 2014). It has the details of what actions will take place, who will conduct the actions, by when they will take place and for how long, what resources are required. The key events that I would undertake within the next six months to develop my skills include: Coming up with a reading plan, I would formulate a timetable for reading various self-help books such as How to Talk to Anyone, Crucial Conversations, Verbal Judo. This books would give me vocabularies to use, help me develop skills such as understanding my audience, the way to frame my sentences, how to effectively respond to a question when posed to me, and also ways to vary my tone. The second plan is regular watching of news and other TV shows. This would help me gain the right pronunciation of words, learn how to use body language depending on the setting and topic under discussion as well as the body language of the speaker. This would give me an interactive section where I would visualize precisely the behavior and response of the speaker versus audience as well as how to involve the audience in my communication. The third is undertaking a short course on communication skills in the University Of Australia. Taking the course gives me a chance to interact with other students and the instructors where I can personally try out and practice and every skill taught to me. Being personally involved would make get a quick understanding of all the necessary skills. ACTION OBJECTIVE TIME Coming up with a reading plan Enable me to gather enough vocabularies, understand my audience, ways of varying tone. 2-3 months Regular watching of news and other TV shows Learn how to pronounce words, learn how to engage my audience. 3 months Undertaking a short course in Communication Skills at The University of Australia. Practicing and applying the skills taught to me, engaging myself with other students as well as developing courage when in the presence of an audience 1-2 months Evaluating the Action Plan After I have completed each of the above events, it is important to evaluate or measure the successful completion of the events to make sure that my communication skills have improved. I need to ask myself various questions such as: how were my communication skills before I began the action plan, how my skills improved, and to what extent should I be competent in my skills. By answering this question, I can be able to figure out the state that I have reached, and my progress from the action plan. References Adler, R., Rodman, G. R., DuPr, A. (2016).Understanding human communication. Oxford University Press. Alessi, A. L. (2014). Communication Action Plan. Bodie, G. D., St. Cyr, K., Pence, M., Rold, M., Honeycutt, J. (2012). Listening competence in initial interactions I: Distinguishing between what listening is and what listeners do.International Journal of Listening,26(1), 1-28. Bodie, G. D., Vickery, A. J., Gearhart, C. C. (2013). The nature of supportive listening, I: Exploring the relation between supportive listeners and supportive people.International Journal of Auditing,27(1), 39-49. Broadbent, D. E. (2013).Perception and communication. Elsevier. Buchanan, G. M., Seligman, M. (Eds.). (2013).Explanatory style. Routledge. Burgoon, J. K., Guerrero, L. K., Floyd, K. (2016).Nonverbal communication. Routledge. Carlile, S. (2014). ACTIVE LISTENING: SPEECH INTELLIGIBILITY IN NOISY ENVIRONMENTS.Acoustics Australia,42(2). Geissler, G. L., Edison, S. W., Wayland, J. P. (2012). Improving students' critical marketing, creativity, and communication skills.Journal of Instructional Pedagogies,8, 1. Guffey, M. E., Loewy, D. (2012).Essentials of business communication. Cengage Learning. Holloway, K., Mitobe, L., Atherton, M. (2015, March). Teacher/Mentor Training-Active Listening. InSociety for Information Technology Teacher Education International Conference(pp. 1531-1538). Association for the Advancement of Computing in Education (AACE). Islam, M. N. (2012). An Investigation on How to Improve Tertiary Students Listening Skill of English.Journal of Studies in Education,2(2), 205-214. Keyton, J., Caputo, J. M., Ford, E. A., Fu, R., Leibowitz, S. A., Liu, T., ... Wu, C. (2013). Investigating verbal workplace communication behaviors.The Journal of Business Communication (1973),50(2), 152-169. Leathers, D. G., Eaves, M. (2015).Successful nonverbal communication: Principles and applications. Management. Lemonnier, P. (2012).Mundane objects: Materiality and non-verbal communication(Vol. 10). Left Coast Press. Owens Jr, R. E. (2016). Language Development: An Introduction| Edition: 9.Instructor. Rost, M., Candlin, C. N. (2014).Listening in language learning. Routledge. Thomas, G. F., Stephens, K. J. (2015). An introduction to strategic communication. Training, M. T. D. (2010).Effective communication skills. Bookboon. Tyagi, B. (2013). Listening: An important skill and its various aspects.The Criterion An International Journal in English,2(12), 1-8.