Reflective Report on Psychology Presentation

Reflective Report on Psychology Presentation This is a reflective report on my presentation on 4th February, 2015. Topic: What pressures do children of immigrant families face, in adjusting to a new culture and what are the implications of this for counselling? Introduction This was an individual presentation that was assessed by Tim Wilkinson who is the lecturer for Christian Integrative Therapeutic Counselling II, for Year 3. The second assessor was Dr. Barth Orji. I put in a lot of effort in preparing for this presentation. I visited the British Library twice and I engaged several scholars listed in my bibliography. I was really amazed to find that there was an enormous amount of materials on the topic. I critically analysed the views and the materials that I engaged. I also consulted my lecture notes and even the Tutor and Peer feedback forms so that I prepared not only for the content and materials but on the presentation too. I had a rehearsal at home in the presence of my wife and I asked her to critique the presentation. She gave me some valuable advice which I took on board. As with all my assessments, I had mixed feelings leading to the day. I was anxious because I was to be assessed and I was also exhilarated in anticipation of receiving some very constructive feedback that will further enhance my counselling skills, as I have known the two assessors involved to be very objective. On the day, I arrived in time but the second assessor was a bit late which in the end gave me ample time to relax my nerves. I was the first to present which ordinarily would have been nerve racking but surprisingly, I was very calm, composed and confident all through my presentation. Upon reflection, I think that it is the result of my quest to raise the bar and improve. Many will avoid starting first so as to learn from the feedbacks of those that present ahead of them but I would rather have an assessment of my genuine ability and take on feedbacks that will be useful to help me to the next level. The presentations went on as scheduled. Every student attended and took part in peer assessment. Everyone gave feedback which made it more interesting because there were diverse perspectives to the feedbacks. Summary of my presentation There are issues that Immigrant children face in a bid to adapt to a new culture. I grouped these issues into six sub themes: Educational, New community, Emotional, Language, Racism and Identity. In the course of my research, I discovered that there is another side to the coin; there are also benefits. Such benefit will include Bi-cultural competence (Garcia-Coll Magnuson 1997) and development of the mental ability to cope with stress. Some children adapt easily while some others struggle. There is a great variation in how the children adapt. These variations are so much so that they pose a challenge in drawing conclusions. There are implications that these issues could have on counselling. I realised that even though parents expect that the Counsellor will put their child right, not very much is known about these issues. I think the Counsellor must strive to equip himself to be effective. Pre-migration and post migration circumstances combine to influence how these children navigate this adaptive process. However, I think that more research is required to formulate effective models of interventions to support immigrant children. This will support immigrant children in establishing the foundation for their futures. (Szapocznik Kurtines,1993). The Counsellor requires an in-depth understanding of the aforementioned issues. Again, I think that the government can support immigrant children by establishing counselling services in schools; this will enhance mental wellbeing, bi-cultural abilities and stronger community among immigrants’ children. Questions and Feedback from Peers and Tutors My colleague Israel, who was one of the peers assessors questioned my definition of immigrants’ children and wanted more clarification. I reiterated that a child born abroad and brought to live in the United Kingdom as well as a child born to a first generation immigrant parent, is an immigrants’ child. The lecturer, Tim Wilkinson concurred with my definition and in his contribution, gave an example of a child born to a Caucasian family who lived as missionaries in Africa; upon returning to the United Kingdom, the child struggled to cope with the culture and eventually moved back to live in Africa. The peer assessors were Israel, Tuoyo, Ayo, Chikere and Bernardine. Tuoyo noted that the content was extremely rich and well researched. He thinks that the strongest part of the presentation was the definitions. Israel observed that it was well referenced with enough scholars. Ayo thinks that the presentation was thorough and that I exhibited confidence, Chikere and Bernardine agreed with the rest but pointed out that I needed to improve on my time management. There was a consensus that it was a very good presentation. Dr Barth observed that I did not use visual aids but handed them printed copies of my presentation. He observed that the communication was very good, subject well researched, indicating that I know and mastered the subject. He also said that there was good eye contact, gesture and body language was good, stance was good and voice projection was excellent. He also commended me for remaining focused even when there was distraction from peers. Tim Wilkinson did not want to repeat what had been said; he added that research was thorough, but that the material was too much hence I exceeded the allocated time. He observed that there was evidence of good knowledge of the subject, clear English, voice projection was good. However, he thinks that the eye contact can be better. Reflection and Conclusion: I think that my presentation was hitch free. I engaged several scholars in the course of my research and I found the topic very interesting. I put in all effort but I am aware that there is still a lot more research to be done in developing intervention models for immigrants’ children. I reflected and listened to myself as I was presenting, and I was quite surprised at how confident I came across. At the end, I still felt that I did not do my best and so I was amazed at the feedbacks that I received. I think that overall, having evaluated the whole exercise including feedbacks, it was a good presentation. However, it was a learning process for me and I have taken note of the feedbacks on areas highlighted for improvement. I will endeavour to use visual aids in the future, work on my time management and improve on my eye contact. (1073 words) Bibliography Cropley, A.J. (1983). The education of immigrant children. London: Croom Helm. Das, A. and Kemp, S. (1997). Between two worlds: Counselling South Asian Americans. Journal of Multicultural Counselling and Development, 25, 23 – 33. Garcia-Coll, C and Magnuson, K. (1997). The psychological experience of immigration. In A. Booth, A. Gibson, M. (1988) Accommodation without assimilation: Sikh immigrants in an American high school. Ithaca, N.Y.: Cornell University Press. Kim, E, and Diaz, J. Immigrant Students and Higher Education: ASHE Higher Education Report 38:6 ONS (17 December, 2013) http://www.ons.gov.uk/ons/dcp171776_346219.pdf [Accessed 02/02/2015] ONS (May, 2014) Portes, A. (1995). Children of immigrants: Segmented Assimilation and its determinants. Rumbaut, R.G. (1995). The New Californians: Comparative research findings on the educational progress of immigrant children. In R.G. Rumbaut W.A. Cornelius (Eds.), California’s Immigrant children: Theory, research, and implications for educational policy (pp. 17 -70). La Jolla: Center for U.S. Mexican Studies, University of California, San Diego. Sam, D.L. (1992). Psychological acculturation of young visible immigrants. Migration World Magazine, 20, 21 24. Szapocznik, J. and Kurtines, W. (1993). Family psychology and cultural diversity: Opportunities for theory, research, and application. American Psychologist, 48, 400 – 407. Vernez, G. and Abrahamse, A. (1996). How Immigrants Fare in U.S. Education. Santa Monica, C.A.: RAND Corporation. Peter Emordi COU 3000 Task 2 1

Percy Bysshe Shelley’s “Mont Blanc” Essay

The Prelude is an auto-biographical, epic poem by William Wordsworth, ‘Mont Blanc’ by Percy Bysshe Shelley is a much shorter poem, however it correlates closely to a passage from Wordsworth’s epic where he describes a walking trip he took to Mont Blanc. There are some startling similarities between the two pieces, but at the same time there are sharp contrasts in the way that the scene is represented and the poets have conflicting views on what this beautiful landscape means to them. A key theme in romantic poetry is a connection with the natural world, if we look at the ways that Shelley and Wordsworth represent nature in their work then some interesting contrasts can be seen. The Prelude, subtitled ‘Growth of a Poet’s Mind’, is a narrative poem, showing us the events in Wordsworth’s life that have shaped his way of thinking and his views on nature and existence. The poem was written in blank verse, this form was reserved for epics and grand poems. Right away this unrhymed form, and the iambic pentameter which it follows, lend the poem a grand and sweeping feel, creating a sense of importance and gravitas. This passage is split into three sections; a broad description of the mountain and the vale below it, a strictly narrative passage where Wordsworth tells of how he and his friend were lost upon the mountain and crossed the Alps without realising, and finally a lyric interruption or ‘hymn’ (Romantic Writings p123 ) to ‘Imagination’ (The Prelude, Book Sixth l525). First the speaker describes the setting, the natural world around him and how it effects his emotions, then he returns to the narrative, telling us of the event that has caused him to relay us this tale and finally he conveys to us the moral implications of the event and how it has shaped his ‘poets mind’. In the first section the landscape is described as ‘wondrous’ (TP l456) the glacier as ‘a motionless display of mighty waves’ (l459) but the speaker is ‘grieved’ (l453) by what he sees, the ‘souless image’ (l454) of the mountain is not as beautiful or as wondrous as the ‘living thought'(l455) in the minds eye. The imagery used to personify the mountain and its natural beauty is epic and grand. Winter is like a ‘tamed lion’ (l466), ferocious,  dangerous, but sedate and controlled, creeping down the mountain with a stately pace. The pace of the poem quickens as the stretch of narrative begins’Descending by the beaten road that ledRight to a rivulet’s edge, and there broke off.’ (l503-4)The shorter words, repetition of plosive and hard sounds, internal partial rhymes (‘led’ ‘edge’) and the lack of imagery increase the tempo of this section. The tripping and jumpy sound of the lines, contrasts quite sharply with the earlier flowing sentences and sweeping descriptive passages. The metre helps to create the feeling of ascending the mountain, it also lends the setting a sense of desolation and emptiness; there are rocks and streams and tracks but little else. This creates a sharp comparison with the beauty of the valley below. Finally this change in style also helps to create a build-up of anticipation before the anti-climax of realising that they have ‘cross’d the Alps’ (l524) unknowingly. As they are told that all their remaining ‘course was downwards, with the current of the stream’ (l519) the young men’s spirits flow downwards with it, as nature mirrors the emotions of the individuals viewing it. ‘Imagination!'(l525)†¦ ‘ I recognise thy glory’ (l532). Underwhelmed by what the real world has to offer, the narrator can look back and see that imagination can usurp such disappointments. The ‘invisible world, doth Greatness make abode’ (l536), imagination can keep an individual in ‘hope that can never die’ (l540), and these lines seem to be saying that this transcends nature, that the human mind can imagine nature in all its perfection which can overcome the disappointments of the real world, and ‘Greatness’ capitalised along with ‘thy glory’ and the hymn-like nature of this passage suggest imagination gifted by a higher power. This point is where Shelley and Wordsworth’s treatments of Mont Blanc differ greatly. ‘Mont Blanc’ by Shelley is also written in Iambic Pentameter, lending it the same grand and solemn air as The Prelude. There is some rhyme throughout the poem although it is irregular, this helps to draw attention to certain lines, and phrases. Lines 25 – 28 form a rhyming couplet. Previous to this, the poem has spoken of ‘an old and solemn harmony’ (‘Mont Blanc’ l24), this  couplet is that ‘harmony’. The rhyme and prosaic language lends this passage a lilting quality, emphasising the beauty and majesty of the nature it describes, ‘earthly rainbows’ (l25) and ‘aethereal waterfall’ (l26). When the rhyme breaks on the next line a pause is created, changing the atmosphere. ‘Wraps all in its own deep eternity’ (l29). Shelley has created a dichotomy to describe nature, the savage, awful power against the serene, calm and solitude. Shelley said that the poem â€Å"rests its claim to approbation on an attempt to imitate the untamable wildness and inaccessible solemnity† (Oxford World’s Classics edition (2003), the Preface to History of a Six Weeks’ Tour by Mary and P. B. Shelley). The speaker finds the landscape beautiful, like Wordsworth, but also sees a much darker savagery in the mountain. Regal metaphors are littered throughout the poem the spring of the river is ‘a secret throne’ (l17), the mountains around Mont Blanc are its ‘subjects’ (l62) and the river is ‘majestic’ (l123). The imagery used here emphasises the power of the mountain and its splendour. In the third stanza where the speaker ponders on the creation of the mountain an unusual rhyming scheme is used. From lines 72 to 83 the scheme is ABCCADBDEFFE. While there is no distinct pattern the rhymes seem to gradually slot together, creating a feeling of increasing momentum, this places great emphasis on the final quatrain which directly addresses the mountain itself ‘Thou hast a voice, great Mountain'(l80). This random and unordered rhyme mirrors the unpredictability of the natural forces it describes, emphasising Shelley’s point that the ‘wilderness’ (l76) has no pre determined pattern or plan, asking the reader, like the mountain, to refute the ‘large codes of fraud’ (l81) that credit a greater design with its creation. The beginning of the fourth stanza from lines 84 to 95 are concerned not with Mont Blanc itself but the cyclic nature of life and death. This whole section is one long sentence, filled with lists ‘the fields, the lakes, the forests and the streams’ (l84), uses of the words ‘and’ ‘that, and an ever increasing intensity caused by the language. We move from ‘forests’ to ‘rain’ then ‘fiery flood and hurricane’ (l87). Strings of alliteration keep increasing the pace of this passage ‘future leaf and flower’ (l90), ‘that  detested trance’ (l91), ‘works and ways’ (l92) as finally it builds to a crescendo ‘Are born and die;’ (l95). Now the punctuation forces a pause and the following hard sounds and spondees of ‘revolve, subside’ put huge emphasis on this line as an ending point. Like the cycles of life and nature that this passage describes the momentum ke eps building with great fury and passion until eventually it stops and subsides. Similar imagery can be found to relate the two poems, both, for example, mention eagles in a setting of isolation, ‘A desert peopled by the storms alone, save when the eagle†¦Ã¢â‚¬â„¢ (MBl67-8), ‘The eagle soareth in the element’ (TPl463), this shows that both poets have taken things from the natural world to create a certain atmosphere. Shelley and Wordsworth have used a variety of metaphoric imagery to relay the aesthetic wonder of the mountain, interestingly both have used other images from nature to define it, ‘Winter like a tamed lion’ (TPl466), ‘brood of pines around thee clinging, children of elder time’ (MBl20-1), ‘glaciers creep like snakes that watch their prey’ (MBl100-1). While both seem to keep the scene completely natural, there is a much darker edge to the descriptions in ‘Mont Blanc’. The writing in The Prelude, while in the same form as ‘Mont Blanc’ is more stately and controlled; Shelley has tried to infuse his verse with more passion, to reflect his feelings on the wildness of the natural world. The tempo in ‘Mont Blanc’ seems to ebb and flow with the subjects that are touched upon, whereas in The Prelude, except for the narrative passage of the mountain climb, the progress is constant and measured. Nature is clearly awe-inspiring to the narrators in both poems but the way they feel about nature’s relationship with human thought seems to be intrinsically different. Two sections that stand out when comparing the poems are the ones which describe the infinite scope of the mountain when compared to the human mind. ‘Some say that gleams of a remoter world visit the soul in sleep’ (MBl48-9)’when the light of sense goes out in flashes that have shewn to us the invisible world’ (TPl535-6)Shelley believes that a remoter world is the  realm of imagination, that only those who are ‘wise, and great’ (MBl82) can reach while in a state of ‘trance sublime’ (MBl34). That nature has the power to help you understand the perceiving mind, you realise that the process of thought, like the water cycle of the mountain, or the circle of life, though invisible, is very real, and that this understanding can help us realise that any other ‘power dwells apart’, ‘inaccessible’ (MBl96-7). Wordsworth gleans quite a different feeling from his experiences in the mountain. Imagination can transcend nature; the natural world can never match the ‘infinitude’ (TPl539) of the human mind. Bibliography Asbee, Sue (2001) Approaching Poetry, The Open University’Mont Blanc’, P B Shelley (referred to as MB)The Prelude, W Wordsworth (referred to as TP)Bygrave, S (1996) Romantic Writings, RoutledgeOwens , W, R and Johnson, H (1998) Romantic Writings: An Anthology, The Open UniversityShelley, P, B and Mary (1817) History of a Six Weeks’ Tour, Oxford World’s Classics 2003 edition

Practical Life Exercises in Montessori Essay

â€Å"If teaching is to be effective with young children, it must assist them to advance on the way to independence. It must initiate them into those kinds of activities, which they can perform themselves. We must help them to learn how to walk without assistance, to run, to go up and down the stairs, to pick up fallen objects, to dress and undress, to wash themselves, to express their needs, and to attempt to satisfy their desires through their own efforts. All this is part of an education for independence. â€Å"†¦(The Discovery of the Child, MM, pg. 56~57) EPL is the abbreviation of Exercises of Practical Life .These exercises are simple daily actions which are normally performed by the adults in daily life, like washing, dressing, cleaning, brushing, eating, cooking and religious teachings and practices like how to pray, greet others, knock at the door, drink water etc . are all part of EPL. EPL for the children in growing and learning phase is important as they teach them the correct way to conduct daily routines of everyday life. Practical life activities give the child an understanding of the environment and how it works. Two main purposes of practical life exercises: †¢ First is the dignity of work. In the past, the child had an opportunity in the home to fold clothes, pour water, fetch and sweep. As a result, children developed motor skills of grace and fluid movement at an early age. More importantly, children developed competent participation around the home and the rest of their environment. †¢ Second reason for the practical life exercises is to enable children to organize themselves as functional human beings. To do this we must begin by the time the child is two years old, primarily physical and primarily concerned with himself. We must help him to become master of himself and then he will be able to master other things. Below being discussed are few reasons why EPL should be encouraged: For independence and love for work: EPL helps children to become independent and confident. Parents at this stage should avoid to give superfluous help to the children, as they are required to do their work by themselves and they want adults to help them in doing thing not doing things for them. This love for work and independence increases self-esteem of the child and helps in making him a better adult for the society For happiness,  self-satisfaction and self-respect: a child between the age of 0-3 loves to work and learns very quickly. This time should be utilized properly and activities should be taught very seriously. Our attitude while teaching should be supportive and generous. In return we will create an adult who will be happy, self-satisfied and respectful to the society. For making the world a better place: beginning from the Montessori class the child learns that there is a place for everything and everything has a place. This same principle helps in making this world a better, organized and tidier place to live in. children by seeing their adult role models learn to place everything back to its original position. To attain Normality: In age of development child has certain strong urges If these urges are overcome by the adults and environment, developmental process gets disturbed and deviation occurs. Normality, on the other hand is a state in which all the urges of a child are being fulfilled and he is satisfied with his environment. Normality is the spiritual goal of EPL. Learning to give and take help: EPL is extremely helpful in developing grace and courtesy in a child. The child learns how to ask for help or give him in a graceful manner. As adults these children learn to participate in household chores knowing that each one has to participate to run the home as a family. For passing on good habits: a child learns, idolizes and imitates his adults. If adults complain about work the child will automatically avoid all kind of work. Thus we need to pass on good work habits to create a positive attitude in the coming generations. For developing love of universe: a child develops love and care for the universe and all other life forms by doing exercises related to care of living things, care of the environment, exercises of grace and courtesy and exercises of personal care. He/she develops a personality of a person who is responsible and peaceful and who cares about everything. For perfection of movement: naturally a child is constantly on a move. EPL exercises keep the child constantly on a move with interesting activities which help develop his movement and reflexes. For avoiding personality disorders: The child who really lacks confidence has lost the confidence and courage which every child starts with in the first years, reason is that his help was not acceptable to the mother or adult in charge. Children lose the urge to learn these skills by the second period of development. They like then to learn to cook, to use electric machines, but  not to do things they should have learned earlier. Dr. Montessori called these â€Å"sensitive periods.† If this time of special sensitivity is not used, it is lost. It does not come again. We must go on to the next stage of learning. Thus we should provide maximum opportunities to the child during this phase to maximize his learning and development.

Offer and acceptance of advance repudiation The WritePass Journal

Offer and acceptance of advance repudiation Introduction Offer and acceptance of advance repudiation Introduction1. The lapse of time:2.   Accepting the breach:Affirming the contractCharactersistics:Requirements:1. Legitimate interest:2. No cooperation:Risk to the non-breaching party following the decision to affirm after the other party’s anticipatory repudiation:ReferencesRelated Introduction Repudiation in the present sense occurs where a party indicates, either expressly or impliedly, by words or conduct that he does not intend to honor his obligations when they fall due in the future.(Richards, 2004) and (Furmston, 2006) p.688 It must be observed that, even if the party wrongfully repudiates all further liability, the contract will not automatically come to an end. Sinceits termination is the converse of its creation, principle demands that it should not be recognized unless this is what both party intend. The familiar test of offer and acceptance serves to determine their common intention. Where A and B are parties to an executor contract and A indicates that he is no longer able or willing to perform his outstanding obligations, he in effect makes an offer that the contract shall be discharged.(Furmston, 2006) Therefore B is presented with an option. He may either refuse or accept the offer as in Denmark Productions Ltd v Boscobel Productions Ltd[1]. More precisely, he may either affirm the contract by treating it as still in force or on the other hand he may treat it as finally and conclusively discharged. The consequences vary according to the choice that he prefers.(Furmston, 2006). Once the innocent party has elected to affirm or for that matter to treat the contract as discharged, he cannot retract his election. In Panchaud Frà ¨res SA v Établissements General Grain Co.[2] it was held that affirmation is really a species of waiver that results in an innocent party being stopped form alternating his election.(Richards, 2004) 1. The lapse of time: The injured party does have time to decide whether to affirm or terminate the contract but doing nothing for too long may be seen as affirmation as in the case StoczniaGdanska SA v Latvian Shipping[3]. (Koffman and Macdonald, 2004) The Court of Appeal recognized that there was a period prior to the election when the non-breaching party was making up its mind whether to terminate or affirm. In this period the contract and the right to terminate were both kept alive. As Rix LJ noted, this period cannot extend indefinitely and inaction over a sufficiently lengthy period may be held to constitute affirmation. In addition, since the contract remains alive until the non-breaching party terminates, the non-breaching party will be subject to the same risks that affect the non-breaching party who formally affirms. (Poole, 2008) 2.   Accepting the breach: An anticipatory breach of contract entitles the innocent party to terminate performance of the contract immediately. The novel feature of anticipatory breach is that acceptance of the breach entitles the innocent party to claim damages at the date of acceptance of the breach. He does not have to wait until the date fixed for performance, even though this has the effect of accelerating the obligations of the party in breach. It does seem illogical to say that a party can be in breach of contract before the time fixed for performance under the contract(McKendrick, 2009). The innocent party may choose to immediately terminate the contract and sue for damages even though the date for actual performance has not passed. This choice arises, it is said, because the other party has repudiated the contract by her actions.(Atiyah and Smith, 2006) Where the innocent party does decide to terminate performance of the contract he must give notice to the party in breach that he is accepting the anticipatory breach (or otherwise overtly evidence his acceptance of the breach) and he must not inconsistently with his decision to accept the breach (McKendrick, 2009). The innocent party has the right to elect to accept the repudiation as discharging the contract with the result that all his future obligations under the contract come to an end, as do the obligations of the guilty party, though here his obligation to pay damages arises by operation of law, as stated in Moschi v Lep Air Services Ltd.[4](Richards, 2004) There are, of course, dangers in treating an action by the other party as repudiation if it turns out to be viewed otherwise by the court. The party purporting to accept a repudiatory breach may well take action (as was the case in Vitol v Norelf) which itself involves a breach may find the tables turned and that that party itself is now liable to damages for its own breach of the contract. In Federal Commerce and Navigation Co Ltd v Molena Alpha Inc, the Nan Fir[5] which concerned the operation of three time charter parties, the charters deduct various amounts from the hire which they paid to the owners. The owners objected and issued instructions to the masters of a vessel concerned to withdraw all authority to the charters on their agents to sign the bills of lading. This action was held to amount to a repudiatory breach which entitled the charter to terminate the charter parties. (Stone, 2009) The innocent party must act so as to make plain that he claims to treat the contract as at an end. There is no reason why the acceptance of an anticipatory repudiation should not take the form of words or conducts which make it plain that the innocent party is responding to the repudiation by treating a contract as at an end. Thus, a failure to perform contractual obligations is capable of amounting to an acceptance of an anticipatory repudiation of a contract: Vitol S.A v Norelf Ltd; The Santa Clara[6]. The non-breaching party can sue at once, need not wait and if he does, he can win even though at the time of action his right is contingent, leading case is Frost v Knight 1872. (Upex et al., 2003) The most striking feature of the doctrine of anticipatory breach is that the acceptance of the breach entitles the victim to claim damages at one, before the time fixed for performance. This rule was established in Hochster v De La Tour. (Peel, 2007) Hochster v De La Tour[7] made it clear that damage can be claimed immediately on the basis of an accepted anticipatory breach without any need to wait for the time of performance. A similar result was reached in Frost v Knight[8]. In that case the defendant was promised the plaintiff that he would marry her when his father die. Subsequently the defendant broke off his engagement to the plaintiff. She took action while the defendant’s father was still alive and was successful in her claim. (Koffman and Macdonald, 2004) A leading case upon this subject is Hochster v De La Tour. The right to claim damages immediately exists even when the performance is not absolute as in Hochster v De La Tour but contingent as in Frost v Knight. In that case, performance was contingent upon an event which might not happen within the lifetime of the party.(Beatson, 2002) If the non-breaching party has terminated following the renunciation, it is clear that he can claim for damages from that time and does not need to wait until the date fixed for performance under the contract (Hochster v De La Tour). However, the non-breaching party would be under a duty to mitigate its loss as from the date of termination. In Reichman v Beveridge[9], a landlord and tenant case, the tenant argued that having left the premises three years into a five-year lease, there was a duty placed on the landlord to mitigate in a claim for rent arrears following the abandonment, e.g., by finding a replacement tenant, marketing the premises and not rejecting offers from prospective tenants. However, the Court of Appeal accepted that there was no such duty to mitigate in an action in debt (i.e., the action for arrears of rent).(Poole, 2008) Awarding damages for breach before performance is due may seem objectionable because where the interval between termination and the time of performance is long; an immediate damages award accelerates the defendant’s obligations and increases the potential for errors in quantifying damages since that conventionally rests on the market value of the lost performance at the time of performance. However, the rule can be justified for encouraging the speedy resolution of broken-down contracts and minimizing the claimant’s losses. It gives the claimant the incentive to terminate the contract immediately and move on, rather than keeping himself ready to perform (which is likely to increase his loss) a contract which will inevitably be breached come the time of performance.(Chen-Wishart, 2007) Affirming the contract Charactersistics: The non-breaching party can choose not to accept the repudiation, say by communicating that she is still expecting performance from the other party, then the contract remains in operation. In this case the innocent party can terminate or sue for damages if and when the breach actually happens, but in the meantime must remain ready to perform as required by the contract. This principle that the innocent party must remain able and willing to perform if he keeps the contract alive is, however, qualified by another principle, to the effect that if the guilty party continues to make it quite clear that he will not perform, the the innocent party can eventually abandon his attempts to perform. This can either be seen as an ultimate acceptance by conduct of the repudiation, after its initial rejection, or as an act of induced reliance by the innocent party, which stops the guilty party from complaining about the former’s inability to perform. (Atiyah and Smith, 2006) On the basis that the breach is repudiatory, the usual election will apply so that the non-breaching party will have the option of accepting the breach as terminating the contract, or affirming and awaiting performance on the contractual date set for that performance to begin (Fercometal SARL v Mediterranean Shipping Co. SA[10]).(Poole, 2008) In White Carter (Councils) Ltd v McGregor[11], the House of Lords (by a majority of 3:2) held that they were entitled to recover the contract price. There was no requirement that they minimize (or mitigate) their loss by finding an alternative business or product to advertise on the litterbins.(Poole, 2008) One of the reasons for the strict approach to identification of affirmation as requiring clear and unequivocal evidence of an intention to continue with the contract, is frequently stated to be that the election is irrevocable, i.e., having affirmed, the non-breaching party cannot change its mind in the period between affirmation and the contractual date for performance (although following non-performance on the contractual date there would be a new opportunity to elect to terminate or affirm for that actual repudiatory breach. As stated by Lord Ackner in Fercometal v Mediterranean Shipping: ‘there is no third choice to affirm the contract and yet be absolved from tendering further performance unless and until the breaching party gives reasonable notice that he is one again able and willing to perform’.(Poole, 2008) It has long been recognized that where the breach is continuing one (i.e., it continues after affirmation) and is repudiatory, the fact of the earlier affirmation will not prevent the non-breaching party form choosing to terminate in the period prior to that date set for contractual performance. This was recognized by Thomas J (obiter) in Stocznia Gdanska SA v Latvian Shipping Co[12].(Poole, 2008) If the injured party chooses not to accept the repudiation, then there is no breach at that point and no duty to mitigate. If the injured party can sue for the debt, he will not be concerned with the rules restricting recovery of damages, including the duty to mitigate. This can lead to the injured party claiming payment for an ‘unwanted and wasted’ performance, which contractors awkwardly with the mitigation rule’s limitation on recovery. The point arises from decision in White and Carter (Council) (Koffman and Macdonald, 2004). Where the innocent party does decide to affirm the contract and demand performance at the stipulated time, a number of consequences flow from this decision. The first is that affirmation does not prevent the innocent party accepting the breach if, at the date fixed for performance, the other party still refuses to perform. The second is that the innocent party, in addition to affirming the contract, may continue with the performance of his obligations under the contract, even though he knows that the performance is not wanted by that other party. This is what happened in the controversial case of White and Catter (McKendrick, 2009). Requirements: The principle laid down in White and Carter is, in fact, the subject of a number of qualifications. The first is that the innocent party cannot compel the party in breach to cooperate with him so that, where the innocent party cannot continue with performance without the cooperation of the party in breach, he will be compelled to accept the breach (Hounslow LBSC V Twickenham Ltd). The second qualification is derived from the speech of Lord Reid in White and Carter when he said that: ‘it may well be that, if it can be shown that a person has no legitimate interest, financial or otherwise, in performing the contract rather than claiming damages, he ought not to be allowed to saddle the other party with an additional burden with no benefit to himself.’ (McKendrick, 2009) 1. Legitimate interest: In view of the objections to wastage inherent in the White Carter principle, subsequent courts have seized upon statements by Lord Reid in order to limit the potential scope of the principle (indeed, Megarry J in Hounslow v Twickenham[13]).(Poole, 2008) Lord Reid said that the general power to affirm the contract could not be exercised by a person who had no ‘legitimate interest, financial or otherwise, in performing the contract rather than claiming damages’. However, it would be sufficient that it was merely ‘unreasonable’ to affirm; something more than this would be required.(Poole, 2008) Thus, the guilty party can avoid the operation of the principle in White Carter v McGregor by establishing that the non-breaching party has no legitimate interest in continuing performance.(Poole, 2008) Lord Reid’s statement was adopted and applied in Clea Shipping Corp. v Bulk Oil International Ltd, The Alaskan Trader[14]. The principle is clearly aimed at preventing very obvious wastage when the other party does not require performance. (Poole, 2008) 2. No cooperation: The second limitation requires that the affirming party must be able to continue with their own performance of the contract without the cooperation of the breaching party in order to be able to claim the contract price (otherwise the affirming party will be limited to a remedy in damages).(Poole, 2008) Cooperation in this context includes both active and passive cooperation of the renouncing party (e.g., Hounslow London Borough Council v Twickenham Garden Developments Ltd[15]: following renunciation by the local authority employers, contractors had no right to insist on continuing to perform the contract because the work was being done on local authority property and they were unable to gain access to the site without the local authority’s permission).(Poole, 2008) However, the restriction in White Carter that a claimant will be limited to a remedy in damages where he is unable to perform without the cooperation of the contract-breaker, applies only where the performance which has been prevented by the breach was a pre-condition to the payment obligation, i.e. the performance obligation was entire (in caseMinistry of Sound (Ireland) Ltd v World Online Ltd[16]) (Poole, 2008) Risk to the non-breaching party following the decision to affirm after the other party’s anticipatory repudiation: On the other hand, a decision to affirm the contract may work to the disadvantage of the innocent party. The first disadvantage is that an innocent party who affirms the contract may lose his right to sue for damages completely if the contract is frustrated between the date of the unaccepted anticipatory breach and the date fixed for performance (Avery v Bowden). Secondly, an innocent party who affirms the contract but subsequently breaches the contract himself cannot argue that the unaccepted anticipatory breach excused him from his obligation to perform under the contract. Where the breach is not accepted the parties remain subject to their obligation under the contract, so that the ‘innocent party’ may find himself liable to pay damages for breach of contract if he fails to accept the breach and subsequently breaches the contract himself (The Simona).(McKendrick, 2009) Following affirmation, the non-breaching party is exposed to a number of risks in the period between affirmation and remedies following the earlier renunciation. The existence of these risks lends support to the position adopted by the Court of Appeal in Stocznia since, if the non-breaching party does have to accept these risks, it is arguable that in this period the ability to terminate should continue to exist where the renunciation is continuing.(Poole, 2008) The risks placed on the affirming party in the period between affirmation and the date for performance are not insignificant. For example: 1.If the non breaching party is itself in breach of contract, that party cannot argue, at least not unless estoppels operates, that the initial renunciation by the other party operates as an excuse for its own subsequent breach as in Ferometal SARL v Mediterranean Shipping Co, SA, The Simona[1]. Once the contract was treated as being still in force, it was ‘kept alive for the benefit of both parties’, and the party affirming could not both keep it alive and seek to justify his own non-performance by reference to the earlier repudiation.(Poole, 2008) In a situation where there has been an anticipatory breach of contract the innocent party elects to affirm the contract, he is still required to perform his own obligations under the contract but faces the danger that, should he subsequently become guilty of a breach of contract, the other party may escape liability. This point was discussed in Ferometal SARL v Mediterranean Shipping Co, SA, The Simona.(Richards, 2004). 2.Similarly, if the contract is frustrated in the period between the affirmation and the due date for performance, the frustration will discharge the contract and the non-breaching party will lose the remedy of damages for the breach as in Avery v Bowden[2], the outbreak of Crimean War, thus depriving the ship-owners of a remedy they might have had for the failure to provide a cargo, hat that repudiation been accepted as terminating the contract.(Poole, 2008) A further danger with affirmation lies in the possibility that a frustrating event may occur after the innocent party has affirmed the contract. Where an innocent party has decided to affirm a contract and there is a breach when the date of performance on the contract arrives. References Atiyah, P. S. Smith, S. A. (2006), Introduction to the law of contract, 6th ed, Oxford: Oxford university press. Beatson, J. (2002), Law of contract, 28th ed, Oxford: Oxford University Press. Chen-Wishart, M. (2007), Contract law, 2nd ed, Oxford: Oxford University Press. Furmston, M. (2006), Cheshire, Fifoot and Furmstons law of contract, 15th ed, Oxford: Oxford University Press. Koffman, L. Macdonald, E. (2004), The law of contract, 5th ed, London: Tolley. Mckendrick, E. (2009), Contract law, 8th ed, Basingstoke: Palgrave Macmillan. Peel, E. (2007), Treitel, The law of contract, 12th ed, London: Sweet Maxwell. Poole, J. (2008), Textbook on contract law, 9th ed, Oxford: Oxford University. Richards, P. (2004), Law of contract, 6th ed, Harlow: Pearson Longman. Stone, R. (2009), The modern law of contract, 8th ed, London: Routledge-Cavendish. Upex, R., Bennet, G. Chuah, J. (2003), Davies on contract, 9th ed, London: Sweet Maxwell.

The eNotes Blog The Tempest With a Twist and the Nobel inLiterature

The Tempest With a Twist and the Nobel inLiterature One of the reasons for the endurance of the works of William Shakespeare is their ability to be adapted in many different ways. Romeo and Juliet has been set in during the Civil War and in Chicagos ganglands of the 1920s. The Comedy of Errors got the 1970s disco treatment. Richard III was once produced with all the characters in black leather. Now The Tempest is getting a new twist. Helen Mirren has taken on the traditionally male role of Prospero, the powerful magician. Filmmaker Julie Taymor  says she changed the character from Prospero to Prospera  because she wanted Mirren for the role. IMDB offers this summary of the new film: Going back to the 16th or 17th century, women practicing the magical arts of alchemy were often convicted of witchcraft. In Taymors  version, Prospera  is usurped by her brother and sent off with her four-year daughter on a ship. She ends up on an island; its a tabula rasa: no society, so the mother figure becomes a father figure to Miranda. This leads to the power struggle and balance between Caliban and Prospera; a struggle not about brawn, but about intellect. The movie will be in wide release on December 10, 2010.   You can watch the trailer here. In other news, the Nobel Prize in Literature was awarded to Peruvian  novelist, playwright, essayist and cultural critic Mario Vargas Llosa. Llosas works  span over forty years, from   The Time of the Hero (1963),   to The Bad Girl (2007). He is one of the most acclaimed writers in the Spanish-speaking world and a tireless activist who has braved violence for his political positions. Llosa also ran for president. A man of humility, it is reported that Llosa believed the call from the Nobel committee was a joke when he picked up the phone. He nearly hung up, but the caller managed to convince the author that he indeed had won.

My Future Leisure and Sustainability of Northern California Ocean and Term Paper

My Future Leisure and Sustainability of Northern California Ocean and River - Term Paper Example Passive leisure does not involve the use of extreme energy while active leisure needs a person to utilize full mental and physical energy. Examples of passive leisure can be going to the cinema and watching television. Examples of active leisure can be swimming, fishing and dancing (Joffre, 1960). The North California Ocean and rivers provide a good environment for leisure activities such as swimming and fishing. The leisure activities are important for several reasons that will be discussed in the paper for people of north California. From my own experience, there is a surety of leisure engagement to reduce among the people of North California in the future. This is so because life is expensive. The cost of spending on very important things like food, clothes and leisure is very high. Most of the people concentrate on making money to meet there basic needs only. For students who are working and living alone, it is worse. There is no time for leisure because one requires having two jobs to meet there daily needs and wants. As an individual's rate in leisure engagement reduces, the more stressed they become. Leisure gives people a sense of freedom. Neulinger 1974 came up with two psychological functions of leisure. The main one was perceived freedom where he asserts that leisure depends on freedom from any internal or external constraints. The fact that an individual has the capability to choose what he or she is to do, the time and place gives them intrinsic motivation. Intrinsic motivation is the second psycholog ical concept where there is no payment after one engages in the leisure activity. The moment one engages in an activity and at the end of the day they are being paid for it, then there is extrinsic motivation. At the same time it can lead to intrinsic motivation. The leisure activities are a great motivation for individuals because of self actualization that everyone needs to build there self esteem (Neulinger, 1974). In addition, Mihaly 1996 contributes to the benefits of engaging in leisure by using the theory of flow. The flow theory states that an individual has full involvement in and activity they engage in that is, there is full mental focus to the activity and the individuals feel energized by the focus. The flow contains a lot of variables: setting clear goals, high rates of focus and concentration, loosing self-consciousness, lose sense of time, feedback should be direct and immediate, level and challenge ability should be balanced, feeling of personal control over an activity, intrinsic reward of the activity and complete immersion in the activity. He went on to suggest the activities one can engage in to ensure that there is extrinsic benefit but other theorists have come up with those that lead to intrinsic benefits or motivation. The activities that lead to extrinsic motivation can be music, design, education and different sports. Intrinsic motivation involves the feeling of improvem ent, spirituality, self help and performance (Mihaly, 1996). The second reason for the diminishing rates of leisure engagement can be due to the pollution of the ocean and rivers especially the Sacramento River. Fishing and swimming are the major recreational activities that the people of North California engage in. this is due to the abundance of the rivers and the ocean. The ocean and the rivers are dirty. For fear of contracting infections due to the dirty water, people rarely

Stakeholder Management Essay Example | Topics and Well Written Essays - 500 words

Stakeholder Management - Essay Example As the research discusses the first management process is identification of stakeholders. The stakeholder selected should be able to match the needs and objective of the organization. On the other hand, Stakeholder should abide by the provisions provided for the partnership to exist. After selection stakeholders should then be prioritized based on what they offer to bring to the partnership. Prioritization is based on the needs of the organizations and how much the stakeholders offer. Understanding the key stakeholders is then required in order to create a proper engagement framework. Key principles are then identified. In addition, organizational stakeholders are also identified to increase engagement approaches used during the process of stakeholder engagement. Communication and engagement with stakeholders is then instigated to create a long term interaction all way through the entire project. From the report it is clear that the importance of control stakeholder engagement and manage stakeholder engagement in the organization are mainly based on ensure project objectives are met within the specified period of time. The organization understands what is required from the stakeholder relationship until the project is complete. In an argument by Turner the engagement approaches provide an overview of what project completion requires in regards to the partnership with stakeholders. Most importantly, organization or project managers are able to detect any new or unexpected requirements as the project continues.