Saturday, May 30, 2020

Affluence to Influence Social Class in House of Mirth - Literature Essay Samples

The House of Mirth by Edith Wharton offers a multidimensional and fluid analysis of social class. Initially, Lily attempts to belong to the upper class. However, through a series of unfortunate decisions, we witness Lily’s inevitable descent into dinginess, poverty, and death. Towards the end, Lily is utterly â€Å"alone in a place of darkness and pollution† (Wharton p. 156). While Lily’s social actions are personally righteous, she discovers herself to be in a cruel and critical society often seeking to oppress lower classes. Just as Dante’s classical descent into Hell in the Inferno is meant to provide glimpses of the unknown in an effort to turn individuals toward salvation, Lily’s social deterioration showcases the perils of descending social class as well as the social chasms separating populations. Poverty became both a metaphorical and literal death for Lily. Further, Marx’s superstructure of social class is explored in the context bey ond labor and property: one must also possess social prowess, power, influence, access, and proper taste to fully be accepted into the elite. In The House of Mirth, the largest divide between classes comes in the form of social competency. For example, Simon Rosedale, a wealthy Jewish man belonging to the nouveau riche class, repeatedly tries to break into the social elite. However, despite attending some of the social events of the upper class, he is largely excluded based on his lack of social skill, as he is â€Å"still at a stage in his social ascent when it was of importance to produce such impressions† (Wharton p. 16). Franklin elaborates on the importance of a high social regard in his work Advice to a Young Tradesman. He explains how â€Å"the most trifling actions that affect a man’s credit are to be regarded †¦ It shows, besides, that you are mindful of what you owe; it makes you appear a careful as well as an honest man, and that still increases your credit† (Franklin p. 59). If the lender produces a favorable opinion of an individual, more credit can be obtained for a longer period of time. When one individual has power over another, the more powerful person’s opinion of the less powerful is important and can greatly impact their relationship. While Rosedale has no monetary debt, he has little to no social credit to leverage. In The House of Mirth, Rosedale’s lack of regard, positive connotations, and social competence within the social elite holds back his social ascent. To compensate for this shortcoming, Rosedale considers marrying Lily to boost his social capital and take his social ascent to the next level. However, following Lily’s sharp social decline, he laughs off Lily’s acceptance of his previous proposal as he knows she is unable to help him. Rosedale goes on to explain how he’s â€Å"more in love with you [Lily] than ever, but if I married you now I’d queer myself for good and all, and everything I’ve worked for all these years would be wasted† (Wharton p. 269). Despite Lily’s social aptitude, her regard has deteriorated within the social elite. Thus, she is no longer of any help to Rosedale’s pursuit of social standing. Further, in Rosedale and Lily’s final encounter, Rosedale offered to help Lily blackmail Bertha in an attempt to regain Lily’s social standing and have her be fit for Rosedale’s hand in marriage. He was beginning to develop real feelings for Lily, beyond the advantages she may offer him. However, Rosedale’s last offer before Lily’s passing remains an attempt to elevate his own social standing. If Lily were to expose Bertha, the old order of social standing could topple and leave room for social climbers to gain access within the elite, which primarily benefits Rosedale. This illustrates the self-serving interests of the wealthy. However, selfish interests are not confined to the nouveau riche. The House of Mirth focuses on Lily’s pursuit of a suitable husband. However, the only desirable feature of the majority of the men Lily considers for marriage are their pocketbooks and social standing. Additionally, Lily donated money to Nettie Struther, but only to boost Lily’s own ego and feel charitable and good about herself (Wharton p. 329). Grace Stepney was also able to gossip about Lily’s gambling habits to Mrs. Peniston, thus ensuring Grace as the inheritor of the Peniston estate over Lily (Wharton p. 233). While both Lily and Grace are hanging on to others’ wealth, their self-serving agenda exemplifies the selfishness infecting society as a whole. A crucial understanding of social class exemplified in The House of Mirth relates to the power wealth can buy. The rich (both the old wealth and nouveau riche) are repeatedly able to exert their will over others. For example, Trenor making sexual advances at Lily in repayment for her debts shows how his social standing and power allows him to exert his will upon Lily; she is only able to leave once he decides to stop his advances (Wharton p.155). Additionally, the inheritance difference between Lily and Grace Stepney from Mrs. Peniston showcases how she is able to assert her conservative beliefs upon individuals of a lower class and show her contemptuousness towards Lily’s gambling habit (Wharton p. 233). The affluence one possesses almost directly correlates to the influence they are able to exert. With this power, the wealthy are able to construct a personal alternate reality. When Bertha Dorset removes Lily from the Dorset yacht, Bertha furthers her reality in which she is able to have affairs and exert power over those of a lesser class (Wharton p. 227). The sole reason she is able to control the construction of her reality is because she possesses the affluence and influence to do so. Therefore, the reality she constructs is one in which the truth society accepts is whatever Bertha says the truth is or whatever angle Bertha choses to exploit. However, the prime example of a self-constructed reality comes in the case of Selden. He has made a habit of excluding individuals based on class and insignificant deviations from their common character, whether it is at the Wellington Brys party or when he discovers Lily has changed hotels (Wharton p. 286). In Selden’s reality, every misinterpreted action â€Å"seemed in fact to carry her farther from the region where, once or twice, he and she had met for an illuminated moment† (Wharton p. 285). The emotional chasm forming between Selden and Lily is a direct result of the walls Selden constructs based on misinformation. Even in Lily’s death, Selden was unable to accept the emotional failure he experienced with Lily and his own weakness due to the mental walls and alternate reality he constructed. To Selden, the truth has become whatever he thinks it is. While Selden is of the professional working/middle class, he is just like the rich in the sense that he is able to construct his own reality and exclude individuals based on his wrongful interpretation of their actions. Further, The House of Mirth exemplifies the implicit connection between wealth, power, and freedom. Wealth leads to both power and freedom, as members of the pinnacle of social tiers experience a degree of freedom unparalleled by the lower classes. For example, many of the elite characters are able to sail off to Europe on their yachts (Wharton p. 192). Gerty, however, is not invited and is condemned to work in the dinginess of America. On this trip, Bertha invites Lily along to distract George while Bertha has an affair with Ned Silverton (Wharton p. 197). With Lily aboard the Dorset yacht, Bertha is able to frame Lily in an affair with George if she so chooses. Therefore, Bertha’s affluence has given her great influence over Lily and the freedom to exert her will upon Lily. Bertha’s affairs with both Selden and Ned Silverton remain out of the social spotlight. Her wealth and power have given her the freedom to do as she pleases. However, Lily is unable to escape the s potlight from Rosedale when leaving Selden’s apartment in the opening chapter, thus putting Rosedale in a position of power over Lily (Wharton p. 14). Lily is not wealthy, so she does not possess power and is not free to do as she choses. Affluence leads to influence, which can then be used later to further one’s personal agenda. In order to ascend to the peak of the social elite, one must also possess impeccable taste in material goods. This lack of perceived taste in a hypercritical society is what keeps the Wellington Brys from the elite. At their party, Trenor eluded that the cigars tasted like soap and may have been selected by the chef, and the soup and champagne were not the correct temperatures (Wharton p. 146). Trenor noticed these inconsequential details as the society, and ruling class in particular, seeks to preserve the status quo. To move up in class, unblemished aesthetics must be maintained at all times. This is a large reason Lily frequently gets new dresses made; Mrs. Peniston understands the importance of flawless aesthetics to maintain or improve upon one’s societal place (Wharton p. 180). Even Lily’s name speaks to the level of pleasant appearances that must be maintained. Lilies are a beautiful flower with a very specific environment needed to thrive. Marx explains the meaning behind new goods in his work Alienated Labour. Through his concept of commodity fetishism, the intangible aspects of one’s labor become tangible products with physical value. This valuation stems from the separation between what workers are producing and where the wealth is flowing (Marx p. 254). The producer and product have become obscured. Therefore, individuals are taught to crave and consume products as a commodity. Individuals such as Mrs. Peniston both need and want new goods, such as dresses. To Mrs. Peniston, as well as the society as a whole, the dresses serve as an external material marker of success and wealth. This ownership, in turn, helps the owner of the good appear wealthy, thus allowing them to socially ascend. Lily explains this belief in her conversation with Mrs. Peniston where Lily tried explaining the â€Å"expense a girl is put to nowadays† (Wharton p. 180). To Lily, the appearance of material wealth may be more importan t than the actual wealth itself, such as in the case of Lily’s mother’s striving to preserve the status quo following their financial ruin (Wharton p. 34). Commodity fetishism drives their habits of appearance, thus influencing their perceived wealth and class within the society. Interestingly, the novel’s ending chapters exemplify the cyclical nature of class actions and wealth. Lily enters Selden’s apartment in one of the final chapters, just as she had done in the opening scene (Wharton p. 321). Additionally, Lily’s earlier financial gift to Nettie Struther is repaid in the form of hospitality as Lily makes her way to the boarding house (Wharton p. 331). As Franklin describes in Advice to a Young Tradesman, money produces more money, thus initiating a cycle of wealth (Franklin p. 59). The rich often get richer, and the poor often get poorer. Through Lily’s gradual descent into poverty, her initial lack of wealth precipitates in even less wealth. Finally, The House of Mirth exemplifies differences in access to solutions to problems among the classes. The image of â€Å"poverty or death† emerged in numerous instances throughout the novel, including Lily’s parents’ financial ruin, the raunchy scene between Trenor and Lily, and when Lily purchased the sleeping medication (Wharton p. 33, 153, 303). Frequent references were made to the fact that Lily’s â€Å"whole-being dilated in an atmosphere of luxury; it was the background she required† and could only breathe in the air of affluence (Wharton p. 27). Just like the lily plant, she needed fresh air, water, and a suitable climate for mere survival. Lily’s ultimate poverty left her with very limited options as all viable solutions had been exhausted. Ironically, Lily received both poverty and death, showcasing how the two are inexplicably linked. While the conditions of her death are somewhat ambiguous, suicide proved to be her only option of escape. Locking her dresses in the chest after laying them out symbolizes how her memories are appearing before her once again only to be lost forever, as the dresses held â€Å"an association in every fold: each fall of lace and gleam of embroidery was like a letter in the record of her past† (Wharton p. 334). Had Lily been wealthier, both monetarily and socially, more options may have been available. Her opportunities to marry into a higher class quickly faded with her reputation and social standing; she hesitated and lost Gryce, Rosedale, and Selden. Sandage would undoubtedly classify Lily as a failure; she utterly failed monetarily and preferred death to â€Å"a life of misery and disgrace† (Sandage p. 6). Once Lily received the check from Mrs. Peniston, she wrote out the payment to Trenor, locked her dresses away, and died (Wharton p. 335). Lily’s shrinking oppo rtunities and â€Å"sense of deep impoverishment† embody Sandage’s ideas of failure (Wharton p. 336). Thus, her only relief from the poverty and dinginess of her life became suicide. Class disparities forced characters into dire situations throughout the novel, but life goes on across all class levels. The Trenors are still able to drive by in their nice car, Gryce has his child and heir to his wealth sit on his lap, and Nettie flourishes with family life despite financial adversity (Wharton p. 332). The use of babies and children foreshadow a society in which the drama continues for at least another generation, and perhaps perpetually. Wharton optimistically paints a picture of social life continuing through class conflict. While Marx would likely disagree and insist class conflict drives society and individual lives, Wharton eludes that individual lives and society drive conflict. Nettie is content with her life and baby, but Lily was not content or accepting of her circumstances. Lily’s incessant drive towards the elite caused conflicts and ultimately drove her to an untimely death. Despite her unfortunate death, society continues forward. Social class extends vastly beyond property and labor. To be a member of the pinnacle of the social pyramid, one must possess not just exorbitant wealth but also social prowess, power, influence, access, and proper taste to be fully accepted. Wharton illustrates how affluence leads to social influence and how the influence can be used to suppress members of a lower class. The society in The House of Mirth is cruel and critical, which can force individuals into dire situations. Lily’s tragic and untimely death results from her decisions as well as the societal class structure in its entirety, which proves class fluidity. Ultimately, Lily’s beauty and social prowess were unable to boost her class standing, underlining the variety of factors influencing mobility and class standing as a whole.

Saturday, May 16, 2020

A New Journal, The Courage And Act Essay - 1729 Words

In his new journal, The Courage to Act, Bernanke sets out a comprehensive record of his activities amid his eight years as administrator, basically contending that, had it not been for the intercessions the Fed inevitably championed, America s destiny would have been inestimably more terrible. His book is a method for securing his legacy even with exaggerated cases — from the right, that his intercessions, for example, quantitative facilitating, gambled touching off expansion and slamming the dollar; and, from the left, that the official reaction did much to Wall Street and little for normal Americans. Bernanke subtle elements the obstacles he confronted, from pessimistically obstructive congressmen to obstreperous controllers and factious loan fee birds of prey, and in addition hapless policymaking in Europe. Amid a great part of the frenzy, he composes: The Fed alone, with its biting gum and baling wire, bore the weight of fighting the emergency. The guts of his story are well known. It is all around described with general flashes of shading, in spite of the fact that it does not have the flippant, self-censuring tone of Mr. Geithner s journal of his time as New York Fed boss and Treasury secretary, and it is light on emergency time scoops. â€Å"†¦The last is somewhat on the grounds that Bernanke, who President Barack Obama called the exemplification of quiet, spurns the sour individual assaults that zest up numerous journals. Disclosures come rather in sections onShow MoreRelatedThe Evolution Of Nursing Care Theories1463 Words   |  6 Pagesexpressed at the right time under the right circumstances. More often than not, nurses tend to act as the moral agents within the system because they are the locus of communication between the physician, the patient, and the family. The modern nurse leader must act with moral courage and conviction since nursing leaders are responsible for creating cultures that support acts of c ourage in nursing [because] these acts have the potential to increase nurse retention, promote patient comfort, relieve patientRead MoreThere Are Many Themes That Are Woven Throughout To Kill959 Words   |  4 Pagesare not born equally or the same†¦ what you do with your life when you are getting older will determine what you become† (Dare 130). In To Kill a Mockingbird, in addition to the main them of prejudice, Lee also conveys themes of racial prejudice, courage, and maturity sending powerful messages to the reader. Mr. Dolphus Raymond is another character who suffers from the racism in Maycomb. He is a wealthier member of the town but, he chooses to live among the black community. â€Å"The back people are seenRead MoreThe New Rules Of A Project Manager Essay1577 Words   |  7 Pagesproject manager should have credibility and sensitivity. However, in other books mentioned that PM not only should have credibility and sensitivity but also vision, courage, integrity, and discipline Visioner John P. Kotter described a project without vision is a region that is unknown which is a stretch of unmapped future. In his book The New Rules: How to Succeed in Today s Post Corporate World, he mentioned that the main destruction is there is no any vision from PM. Benis and Nanus, (1997: 19)Read MoreEssay On Leading In Crisis1179 Words   |  5 Pagesteam, or individual. This absence steals motivation, direction, and unity. The presence of vision is a powerful enabler† (2013, p.159). Leaders must possess vision, it is another trait of a resilient leader. Visionary leaders are the builders of a new dawn, working with imagination, insight, and boldness. They present a challenge that calls forth the best in people and brings them together around a shared sense of purpose. They work with the power of intentionality, and alignment with a higherRead MoreUnsung Hero Essay715 Words   |  3 PagesUnsung Hero Defining the word hero is difficult. The dictionary states that a hero is any person admired for courage, nobility, or exploits, especially in war. For most people, the definition of hero is left to interpretation. Some people believe a hero is an exceptional athlete, but others think it is the local cop that made the news for a job well done. It is all up to the individual who is defining what a hero is. Jan Karski is a hero for several reasons; he proved to be courageous, demonstratedRead MoreThe Red Badge Of Courage By Stephen Crane1177 Words   |  5 Pagesamong many Americans. Many stories of warfare show the way some Americans viewed the idea of war. In the following texts: The Red Badge of Courage, Across Five Aprils, Civil War Journal, and the Sullivan Ballou Letter, many Americans had to deal with the pain of war and were faced with the cold reality that changed America forever. The novel, The Red Badge of Courage, by Stephen Crane, shows the change in the perspective of war through the eyes of a youth named Henry. Henry, who had grown up with a glorifiedRead MoreWhistleblowing629 Words   |  3 Pagesperson with enough courage to expose the wrongdoing occurring inside their company. They are â€Å"perceived as altruistically driven individuals who are steered by their attitudes.† The whistleblower is characterized by being an altruistically motivated person, perfectionist, professionally well educated, self-driven attitudes, conscious invariant behavior, and functional utilitarian. They are competent and professionals. Usually, the whistleblower act in good faith and they think they act for the bestRead MoreReview Of Legend By Marie Lu1391 Words   |  6 Pages‘like’ is a high morality and true freedom.† Similarly in Marie Lu’s Legend, the main characters, June and Day struggle with their own morality, thus showing the audience the effect of compromise on the individual. Their struggles make them do immoral acts. June and Day do not follow the compulsions of ‘shoulds’ or ‘likes’, they show true freedom through their ways of compromise. Legend by Marie Lu, is told from two perspectives; June and day. The two characters grow up from different sectors; JuneRead MoreBook Review : The Odyssey 1703 Words   |  7 PagesSummer Homework Journal 1: Prompt B If I were to describe Telemachos to a friend, I would have plenty to say about him. In the novel, The Odyssey, Telemachos is the son of Odysseus. He is a young adult, and curious of the whereabouts of his father. Telemachos also has a large amount of courage in the book. Before the help of Athena, he was not much of a man and had little confidence. When it was needed, Athena gave him the gift of courage. A few situations where he showed his courage were in chapterRead MoreWhat Do You Do? Plato s Advice1525 Words   |  7 Pagesgrandmother Elizabeth Cecelia Hughley Gallagher was forced to make the exact decision, and she faced the decision with courage and self-resilience in herself. Although ancestry has a long history and a history of trials and resilience in their trials, my great grandmother Elizabeth Cecelia Gallagher had obvious struggles that are relatable to today including, the struggle in having courage to stand for oneself or settling for family expectations. Determining family structures and dynamics as well as defining

Friday, May 8, 2020

Importance of Education Essay Samples

Importance of Education Essay SamplesEducation essay samples are a great way to compose an academic essay that stands out from the crowd. These essay samples are actually just sample chapters of actual essays that have been written by real students and professors. The way these students and professors write their essays is usually unique, and they have much more authority than the student or professor does.The power of words lies in the way that they can be understood, and these writers are often very serious about what they are writing. Because they are probably very busy with their own lives, they are usually able to get a lot of information out of each paragraph that they write. There is often no time for the student or professor to try to convey any sort of emotion or hint of humor in their thoughts and ideas.Instead, they use words to effectively get across a large amount of information in a short amount of time. In many ways, the essays that they use are the same as those that they will read in college. These essays are very wordy, and they also tend to have a lot of information. Students and professors need these essays because they need to stand out from the crowd, and they need them to present a clear and concise argument to the reader.Education essay samples do not have to be anything fancy. The important thing is that they have substance, and that they get across the important information about the subject at hand in a concise and entertaining manner. If a student or professor wants to make sure that they are able to make their work stand out from the rest of the class, then they will be using these essays.This is why you will often find people who are very organized in their own home in the morning and in the evening, and in an easy-access way from home. These people are working on little projects or giving themselves little assignments in order to save time when it comes to their reading and writing. Their time will have been better spent in a more productive manner, and they will be able to pass their time better.Education essay samples are also great for someone who is only going to be in class once or twice a semester, because they will be able to easily turn in their work and put their grade in. They will also be able to get their homework completed in a way that is organized and well laid out, and they will not spend so much time trying to figure out how to prepare their own work. They will also be able to plan their schedule around these essays instead of trying to figure it out on their own.Education essay samples are one of the most important ways that a student or professor can express themselves effectively. They are an opportunity to put their ideas into words and to present them in a different and interesting way. Students and professors will not be able to present their ideas with the same effectiveness if they do not spend some time developing their own ideas and getting a sense of style and ease.These essays ar e a great way to express yourself, and they are an easy way to use the English language in a way that will not make them sound like they are stammering or doing it all wrong. They can allow a student or professor to get a lot of information out of their essay in a very short amount of time, and they can help them to become the expert on a certain topic that they want to be. Education essay samples are a great way to make sure that the essay is really written by someone who knows how to use the English language in a useful way.

Wednesday, May 6, 2020

Upton Sinclair s The Jungle - 2164 Words

The Jungle’s purpose is to illustrate just what happens when the American Dream does not come true. It is not for a lack of determination that its protagonist does not succeed with abundance -- nor ethic or spirit; he merely falls victim to a system in which those at the top succeed with abundance at the severe expense of those left with nothing at the bottom. The book’s author, Upton Sinclair, sought to show America the cost of its capitalist system. Born into a poor family with wealthy relatives, Sinclair was aware of social and economic disparity in America from a young age (The Jungle v). The Jungle is the result of Upton Sinclair working undercover for seven weeks in Chicago’s meatpacking industry in 1904, as well as the socialist†¦show more content†¦These early moments of jubilee in the book provide a very effective contrast to the book’s main themes of human misery and powerlessness as the life of Jurgis falls apart piece by piece. Following this wedding sequence the book catches its readers up on the status of Jurgis and the rest during the six months prior. A man of strong build, it did not take long for Jurgis to find work in the Chicago stockyards sweeping cow entrails into waste chutes on the killing floors of Brown’s slaughterhouse. The mechanics of the slaughterhouse are communicated with vivid detail – so much so that it is no wonder they became the primary subject readers latched onto when the book originally released. Among the most interesting slaughterhouse descriptions which Sinclair provides is that of the concept of â€Å"speeding up†, in which workers in certain positions at the slaughterhouse are trained and paid more to work faster in order to set the pace of the slaughterhouse’s disassembly machine and achieve a higher output. This exemplifies one of Sinclair’s issues with capitalism. In a capitalist society, the poor are kept in need, which makes them explo itable. Because there were many unemployed people looking for work at the stockyards at any given time, not performing at the dangerous pace set by others often meant giving up your job to someone more capable of or willing toShow MoreRelatedUpton Sinclair s The Jungle1989 Words   |  8 Pagesthe Haitians. Upton Sinclair seemed to have a similar view of the Lithuanian immigrants of the 1800s. Upton Sinclair is the author of The Jungle, a book that follows a family of Lithuanian immigrants as they travel to and try to make their way in America. Sinclair used the book to speak out about the issues of America through the eyes of immigrants, including the economic system and the corruption within the government. The question this paper is required to answer is if Upton Sinclair adequately portrayedRead MoreUpton Sinclair s The Jungle1832 Words   |  8 Pagesthrough time and meet the author of â€Å"The Jungle†, Upton Sinclair, who will help us to open our eyes how everything was chaos and improved in the Progressive Era. And in that book, we can also see many faces and colors of the social American world had back then. Thanks to Upton Sinclair, because he drew a painting about things worked in the Progressive Era, we could imagine how and live back when America was in the Progressive Era. Upton Sinclair was a muckraker who examined the riseRead MoreUpton Sinclair s The Jungle1438 Words   |  6 PagesThe Jungle and Today Upton Sinclair’s novel, The Jungle, follows the life of Jurgis Rudkus, his Lithuanian family, and friends who all recently immigrated to Chicago in search of a better life. Jurgis, Ona, and the rest of their family find jobs in Packington, the meatpacking industry of Chicago. Quickly they discover the difficulties of surviving in the United States during the early 1900’s through financial troubles, unreliable work, illness, and swindling. Through his novel, Sinclair exploitsRead MoreUpton Sinclair s The Jungle1843 Words   |  8 Pagesfamous people inspire authors to write books written about their achievements, however Upton Sinclair Junior did it backwards. Some of his ninety novels including an autobiography, and in particular The Jungle, changed America forever by using fictitious stories to depict the present issues at that time. Upton Sinclair was an author and activist in the early to mid 1900’s who was passionate about issues involving women s rights, w orking conditions, and the unemployed. He wrote over ninety books in hisRead MoreUpton Sinclair s The Jungle Essay1678 Words   |  7 Pagesbetter life. However, this â€Å"better life† was not just given upon arrival, immigrants were not told the horrid experiences, and backbreaking hour, they would face in search for a better life. There is no better representation of this than Upton Sinclair’s The Jungle, this book is a very accurate representation of the life of the vast majority of people within the United States. During the time when this book was written there were few jobs, and the jobs that were obtainable were mostly factory jobsRead MoreUpton Sinclair s The Jungle1536 Words   |  7 PagesThe Jungle Upton Sinclair, an American writer and reformer, was born on September 20, 1878, in Baltimore, Maryland. Both of Sinclair’s parents came from prominent families, but Sinclair grew up impoverished because of an alcoholic father. Throughout his childhood, Sinclair lived in conditions that varied from slums to country homes but sometimes his father would spend all the family’s money on alcohol forcing Sinclair and his mother to live with his mother’s wealthy sister in order to surviveRead MoreUpton Sinclair s The Jungle1630 Words   |  7 PagesWritten at the turn of the 20th century, Upton Sinclair’s The Jungle took place in an era of unprecedented advancement in civilization where the American economy had risen to become one of the wealthiest on the planet. However, Sinclair asserts that the rise of capitalist America resulted in the virulent corruption and competition that plighted society into an untamed â€Å"jungle.† Shown by the corruption o f the Chicago meatpacking industry, Sinclair highlights the repulsive filth of human greed thatRead MoreUpton Sinclair s The Jungle Essay1471 Words   |  6 PagesUpton Sinclair took interest in fiction at an early age by writing fiction stories as a young boy to writing adventure stories and jokes to help support himself through college. He was the winner of the Pulitzer Prize for Fiction in 1943 and focused on writing fiction stories about real world industrialist views. Upton Sinclair’s fiction â€Å"The Jungle† entwines the reality of the dangerous and legal conditions of meat industry workers and consumers in Chicago while narrating the lower-class lifestyleRead MoreUpton Sinclair s The Jungle986 Words   |  4 PagesUpton Sinclair’s The Jungle is an unashamed example of the journalistic style known as muckraking. Sinclair researched the conditions being fought against during the Progressive Era and painted a picture in literary form for the ignorant read ers. The consumerism that taped into the greed of industrialists is drawn out many times. This greed, in turn, drove down the American Standard of living in almost every aspect. With every corner of hope demolished, a path was laid out for all to follow, theRead MoreAnalysis Of Upton Sinclair s The Jungle 2028 Words   |  9 Pagesâ€Å"I aimed for the public’s hearts, and by accident I hit it in the stomach.† This quote was in response to the reaction of Upton Sinclair’s ground breaking exposà ©, â€Å"The Jungle†. On February 26, 1906 Sinclair shocked the Nation by exposing the horrors of slaughter houses and meat packing plants. Thousands of people have died from food-borne illnesses. E-coli, along with other diseases resulting from filthy food processing was revealed as the murderer. As shocking as it might have been back then

Tuesday, May 5, 2020

Sample on Assignment On Commercial Law - MyAssignmentHelp

Question - Hamid is a refugee from Afghanistan who was recently released from the detention centre in PNG and is currently living in Adelaide. While walking in Rundle Mall one day he was approached by Kathy who was selling internet access contracts for a newly formed internet company Speed Connect Pty Ltd. Hamid speaks very little English and Kathy is aware of this. Kathy explains the terms of the contract which is essentially that Hamid would be bound to a 2 year contract and if he breaks the contract anytime before the 2 years he will incur a $1,200 penalty. The contract comes with a free Samsung tablet. Kathy uses some technical language to explain the terms to Hamid, aware that he doesnt understand the full extend of the contract terms. There is a telephone translation service available but Kathy choses not to use this as this translation service usually takes twice as long. Kathy works on a commission basis. The more contracts she sells the more she earns. She wants to sign up this contrac t quickly as she is keen to sign up three more contract before close of business. Hamid has been thinking of getting internet connection as he wishes to Skype his family back home in Afghanistan and also to do a free on-line English course. He is under the impression that he can terminate this contract anytime he wants without any penalty and all he has to do is give Speed Connect one months notice and return the tablet. Three months into the contract Hamid finds that he is unable to cope with the financial demands of this contract as there are many hidden costs which he was unaware. When he contacted Speed Connect to give his termination notice he was shocked to learn that there is a $1500 penalty. 1. Advise Hamid if this contract with Speed Connect is valid? Can he get out of this contract? 2. Use the IRAC (Issue, Rule, Application Conclusion) method to answer your question? Answer - Issue: The issue that arises in this case is related with the presence of a legally enforceable contract between Hamid and Speed Connect Pty Ltd. and it also needs to be seen if the contract can be terminated by Hamid before the expiry of the term of the contract. In this case, Hamid did not knew English well and on the other hand, Kathy the representative of Speed Connect knew this fact but did not make any efforts to explain all the terms of the contract to Hamid because Kathy wanted to sell more contracts as she was paid on a commission basis by the company. Although a telephone translation service was available but Kathy decided not to use the service as it took more time. In this way, Hamid enters into the contract without being aware of all the terms of the contract. After a few months, Hamid finds that it is difficult for him to pay the money under the contract as a number of hidden costs were imposed by the company. But when Hamid expressed his desire to terminate the contract, he w as told that according to the contract, a penalty of $1500 has to be paid by him if he wanted to terminate the contract before two years. Rule: The Competition and Consumer Act, 2010 defines the term consumer contract. According to this legislation, a consumer contract is related with the supply of goods or services or it can also deal with the sale or grant of land to the other party. At the same time, the ASIC act also defines a consumer contract and this definition is applicable in case of financial products and services. However the unfair contract terms legislation does not apply to the contracts for the supply of goods or services from one business to another (Zumbo, 2005). The unfair contract terms legislation does not define a standard form contract however it can be broadly defined as the contract that has been created by one party alone and no negotiations have taken place between the parties regarding the terms of the contract (Griggs, 2005). Standard form contracts are generally used in several industries like finance, telecommunications, motor vehicles, travel and domestic building. For deciding the issue that t he contract is a standard form contract or not, there are certain factors that need to be decided by the court including the effect if one party to the contract enjoyed most of the bargaining power (Radin, 1996). It also needs to be considered if the terms of the contract have been decided only by one party and they were not discussed with the other party; if the other party only had the option to accept or reject and no amendments could have been made in the terms of the contract. It also needs to be seen if the other party had any opportunity to negotiate these terms and at the same time, it also need to be seen if the specific characteristics of the other party have been considered or not (Nottage, 2009). At the same time, there are some contracts that do not fall within the purview of unfair contract terms legislation. These contracts include the contracts dealing with shipping, insurance, investment schemes and the constitutions of companies. Application: In this case, it needs to be decided if the terms mentioned in the contract between Hamid and Speed Connect can be considered as unfair or not. In case it is decided by the court that a particular term in a contract is unfair and therefore void, in such a case, it is considered that the term never existed between the parties. But in such a case, the rest of the contract, if it is able to operate without that particular term continues to bind the parties to such extent. According to the law, a particular term of a contract is viewed as being unfair if it creates an imbalance in the rights and obligations that are enjoyed by the parties under the contract (Howell, 2006). In the same way, any term of the contract is viewed as unfair if the term is not reasonably necessary for the purpose of protecting the legitimate interests of the party that has included such term in the contract. Similarly, if the term will cause a detriment to the other party, if such term is applied by the court or relied upon, it is also considered as being unfair (Nahan and Webb, 2013). For example, in the present case if the term according to which Hamid has to be a penalty of $1500 if he wanted to terminate the contract before the expiry of two years, will result in a significant detriment to Hamid. In the same way, although this term is not required to protect the legitimate interests of speed connect, this term will cause a major imbalance in the rights and obligations of Hamid and Speed Connect under the contract. At least a test has been provided by the law for deciding the fairness of the terms of a contract. In this regard, section 24, Competition and Consumer Act requires that a particular term of the contract has to be seen as unfair if the term causes inequality among the rights and obligations that are enjoyed by the parties under the contract and if the particular term cannot be said to be reasonably necessary for protecting the legitimate interests of the party that would benefit from the insertion of such term in the contract and at the same time, if such term is applied by the court, it would cause detriment to the other party (Tucker, 2003). In such a case, all the three parts of the test used for deciding the unfairness of a term have to be established so that the court can hold that such term is unfair. For example in the present case, a standard form contract has been used by Kathy for the purpose of entering into a contract with Hamid. No chance was given to Hamid to negotiate the terms of the contract. Moreover, these terms were explained in a complex technical language by Kathy although she knew that Hamid had not understood the terms completely. In such a case, it also needs to be seen if the particular term present in the consumer contract may cause imbalance in the rights and obligations that are enjoyed by the parties. Therefore a factual assessment has to be made of the evidence available in this regard. Similarly, it also needs to be established by the claimant that a particular term has imbalance their rights and obligations. As a part of the next stage of the test used to decide the unfairness of a term, the court has to consider it the term can be said to be reasonably necessary for safeguarding the interests of the party that has included such a term (Treasury, 2009). Therefore, in such a case, the court has to see if the term will cause a detriment to the other party if such term is applied by the court. In such a case, the detriment suffered by the other party can be a financial nature or otherwise. Another important factor in this regard is the transparency of the term. For this purpose, the contract needs to be considered as a whole. If it is found that any particular term lacks transparency, it may imbalance the rights and obligations that are imposed on the parties under the contract. On the other hand, a particular term can be considered as transparent if it has been expressed in the contract using plain language. It is also required that the term should be legible and presented clearly (Slawson, 1971). In the present case, the terms of the contract were explained to Hamid using technical language despite the fact that Hamid had little knowledge of English. For creating the contract between Hamid and Speed Connect Pty Ltd., Kathy had used complex technical language although she knew that Hamid understood very little English. Kathy also failed to use the telephone translation service that was available to her but she decided against the use of this service because in such a case it would have taken more time to explain the contract. Kathy was in a hurry to sell the contract because she had to conclude two other contracts and she was paid by the company on a commission basis. On the basis of above-mentioned discussion of the relevant rules of law and their application, it can be said that despite the fact that a valid contract has been created between Hamid and Speed Connect Pty Ltd., all the terms of the contract cannot be said to be reasonable as these terms present in the standard form contract have not been completely explained to Hamid. On this ground, it can be said that the terms were not sufficiently transparent. Therefore, the terms of the contract can be held as void by the court and therefore the contract can be terminated by Hamid. References Frank Zumbo, 2005, Dealing with Unfair Terms in Consumer Contracts: Is Australia Falling Behind? 13 Trade Practices Law Journal 70 Luke Nottage, 2009, Consumer Law Reform in Australia: Contemporary and Comparative Constructive Criticism 9 Queensland University of Technology Law and Justice Journal 111, 1216. Lynden Griggs, 2005, The [Ir]rational Consumer and Why We Need National Legislation Governing Unfair Contract Terms 13 Competition and Consumer Law Journal 51 Margaret Jane Radin, 1996, Contested Commodities (Harvard University Press) Melvin Aron Eisenberg, 1995, The Limits of Cognition and the Limits of Contract 47 Stanford Law Review 211 Nicola Howell, 2006, Catching Up with Consumer Realities: The Need for Legislation Prohibiting Unfair Terms in Consumer Contracts 34 Australian Business Law Review, 447 Nyuk Yin Nahan and Eileen Webb, 2013, Unfair Contract Terms in Consumer Contracts in Justin Malbon and Luke Nottage (eds), Consumer Law Policy in Australia New Zealand (Federation Press) 129, 131 Philip Tucker, 2003, Unconscionability: The Hegemony of the Narrow Doctrine under the Trade Practices Act 11 Trade Practices Law Journal 78. Treasury, Australian Government, 2009, The Nature and Application of Unconscionable Conduct Regulation: Can Statutory Unconscionable Conduct be Further Clarified in Practice? W David Slawson, 1971, Standard Form Contracts and Democratic Control of Lawmaking Power 84 Harvard Law Review 529