Costing Essay Example | Topics and Well Written Essays - 750 words

Costing - Essay Example The Target costing method is widely used in the RD&E phase of the total life cycle of a good. The Target costing accounting method has been extensively used since time immemorial. This method dates back to the early 20th century at the height of industrial revolution in Europe and North America. Henry Ford, the famous engineer designed the first vehicle in 1908 in a factory with an aim of minimizing costs and maximizing profits through mass production. Ford managed to retail the T model vehicle at an average of $ 495 in the year 1913 (Wilson 2013). Understandably, for him to achieve that fete, the engineer and his planners had to minimize production costs to a bare minimum. Henry Ford accounted for raw material expenses through a backward integration process, labour expenses through specialization and division of labour and other expenses through frugal behaviour. Fords Company received a boost after the end of the Second World War (WWII) for the demand for the vehicles rose sharply (Wilson 2013). With increased demand, the price for the vehicle increased upwards. Because Target costing is normally applied to fresh merchandise planning, which mostly needs investments in new tools and equipment, it is justifiably correct to say that price influences both investments and expenses. The Total life cycle cost accounting method is a broad way for company executives to comprehend and account for costs through merchandises design, creation, and manufacturing, promotion, delivery, maintenance, service and clearance phases. It denotes a process of organizing all expenses along the value chain (Keuper 2011). By way of employing this method, cost managers are able to salvage some significant costs. By selected approximations, about 80% of goods total life expenses are committed by assessments made in the course of the RD& E phase, emphasizing the significance of managing all expenses along the value

Of mice and men Coursework Essay Example for Free

Of mice and men Coursework Essay I have been given the following question what does the novel show the reader about the authors view of the American dream? The novel mice and men written by john steinbeck examines two main characters George and Lennie who are travelling together in the hope of a successful dream. In my opinion the book strongly refers to the American dream and portrays how desperate they are for the dream to materialise. The American dream is constructed on the theme that anyone can achieve success so long as they work hard enough. The dream originated when many people immigrated to America. The majority of people leaving the countries were lower class people. The conditions virtually meant that the country would make them lower class for life. When Europeans left for America they were told that everyone would be landowner, they would live like kings and the streets were paved with gold. Everybody would live equally. This was a wonderful dream for the Europeans fleeing from the class system of their home countries. This soon became known as the American dream and had a huge influence on the American society, with hard working and strong willed people. In the book George and Lennie share a dream together, and this dream has several elements that refer to the American dream. George and Lennie believed that if they worked hard enough and ran up a stake they would be in a position to own their own farm. In the very first chapter George describes the dream when he tells lennie we are going to have a little house and a couple of chickens and a couple of acres of land and a cow and some pigs. At this moment lennie would interrupt and shout an live off the fatta the land. An have rabbits. Lennie was most excited and enchanted by the dream, as he would constantly ask George to tell him about rabbits. George tells lennie not to tell anyone about the dream; you almost get the feeling that George thinks that if the dream is shared the dream will be lost. This is shown when George says to lennie Dont tell nobody about it. Jus us three an nobody else. They lible to can us so we cant make no stake. However, because of the special bonding between George and lennie there is an aura about them that says the dream will be successful. This is typified when lennie says that the dream will have an happy ending because I got you to look after me, and you got me to look after you and that why. This continues to show that they have the belief and desire for the dream to succeed. In the novel candy an old swamper who works on the ranch also has a dream Candys dream is to have security. Security in his job, that he wont be sacked because hes getting too old, or because hes useless because hes only got one hand, this normally wouldnt effect someone now but in the time the book was set Candys chance of getting a job if he was sacked from the ranch would be minute. Because of this insecurity Candy is very scared of Curly and the boss. In the book when Curly first meets George he speaks nicely about the boss and said that at Christmas he gave them whisky. I think he lied to George about the boss in case George told the boss what he had said which would have been true but nasty. When the boss comes into the room Candy quickly makes up an excuse why hes talking to George and Lennie and gets back to work. He did this because he doesnt want to get in any trouble with the boss because the boss might sack him. Then Candy will have no job and will be too old to get another one in addition to this he cant retire and because he doesnt have any family to go to hell probably have to live on the streets. When he accidentally overhears George and lennie discussing the dream Candy wants to go along and be involved to. Now Candy thinks hes going to be leaving the ranch soon to go with George to his dream farm, his attitude towards Curly, the Boss and Curlys wife changes. When Curly starts on Lennie, Candy quickly rushes to his defence. Glove fulla Vaseline, he said disgustedly Referring to the glove Curly wears on his hand to keep soft for his wife. He is not scared of Curly and the boss anymore because if he gets sacked he feels he can just move on to Georges dream farm. With Candys newfound confidence he starts sharing his views and sticking up for other people such as Crooks the black stable buck. Curlys wife is verbally attacking Crooks, telling him how she can get him killed if she wanted too. Candy retaliates by saying, If you was to do that, wed tell Wed tell about you framing Crooks. He sticks up for Crooks, which shows he wasnt racist and that he also had a dream for a better society. This is that when you have worked and are getting old you would have money, a pension, and that everyone is treated equally like him and Crooks. This shows that the book reflects the time its set because Candy would probably have a pension and wouldnt have been able to get sacked without out a just cause in our time. Crooks is an illustration of the way in which loneliness can corrupt and destroy a man. Crooks has a double burden, he is not only a Negro in a society that immediately relegates non-whites to a sub-human status, but also a partial cripple in a society that values human beings simply on their ability to provide a service. Crooks dream is to be treated like a human and be accepted in society. Because hes black hes always been bullied and picked on by most of the others. Candy, George and Lennie are the only ones who dont regard Crooks as sub-human. Candy describes him as a nice fella. He is never allowed to go out with the other people in the ranch and has to stay in his own room in the barn, he hates everyone at the ranch because they treat him badly, he says to Lennie, They play cards in there, but I cant play because Im black. They say I stink. Well, I tell you, you all stink to me. While talking to Lennie, Crooks reminisces of his childhood. How his father owned a chicken ranch and the white children used to come and he would play with them, and how most of them didnt care about the colour of his skin and that they were nice to him. He recalls Instead of how he slept all alone now, he used to sleep with his two brothers. They was always near me, always there. Used to sleep right in the same room, right in the same bed-all three. He was happy in the past, dignified, because he wasnt alone and he was treated equally and he wants that back. In the whole novel we never hear the name of Curleys wife, she is always referred to as Curleys wife. This makes her sound like she is Curleys property, like Curleys shoes or Curleys horse. Maybe she doesnt deserve one, maybe that if she married Curley she would get a name. This reflects on her dream of equal rights for women. She is a very lonely person; she has no one to talk to except the men on the ranch who dont really listen to her. So to make them listen to her, or pretend to in most cases, she dresses provocatively to get attention. However Candy and others see her as a tart and shes always giving the eye. Even Curly doesnt notice her; he still goes out to the cat houses with the other ranch workers, instead of staying with his wife. She seems to be hurt by this, she says. Think I dont know where they all went?. I know where they all went. Curleys wifes dream is to be a star, when she was young, she was asked to go on a show, but her mother wouldnt let her. Film work was one of the few types of work you could get as a woman, it was every girls dream, but it was often only a scam to take advantage of young women. Curleys wife remembers how a man in the pitchers said he was going to write to her about being in the movies. But she says her mother stole the letter when it came, when really it didnt come at all. When Lennie killed her the writer says. The meanness and.. the ache for attention were all gone from her face. This means that she didnt have to try anymore and life wasnt just one long struggle for recognition. She had been released and was now more beautiful and alive than ever. However, from the moment Curleys wifes neck was broken George realised that Curley will want Lennie lynched and, even worse, that their dream had been shattered by Lennies actions. When George finally caught up with Lennie they discussed the dream one last time before George took Carlsons lugar and shot him. He was dead. To conclude I would say that the author has a very negative view of the American dream. All these dreams failed, George will never get his farm with Lennie, Crooks and Curleys wife will never have equal rights to a white man and Candy will always be in fear of losing his job.

Fast Cars and a Clean Environment Essay -- Environmental Ethics Ethica

Fast Cars and a Clean Environment Many people would love the idea of having the fastest car ever or just having a speedy and sleek sports car to drive around for that matter. The idea of being able to â€Å"flex† the power of your car every time the light turns green make people long for a high-speed car. Many automakers are making faster and faster or cars with more horsepower for this demand. For instance, BMW’s E36 (1996- 1999) M3 models peaked at an amazing 234 horsepower and 226 pounds per feet of torque, but this wasn’t enough for many BMW enthusiasts. So in 2001 BMW came out with its E46 M3 model that housed an astonishing 333 horsepower and 270 pounds per feet of torque engine, which is an increase of almost 100 horsepower from the previous E36 M3 models. This dealt with the demands for faster cars (1). There is a great price for living out this dream. The earth’s already depleting supply of fossil fuel and damage to the environment, such as the ozone layer, is being further injure d from the combustion engines of cars. With the combination of more and more people learning about the environmental problems caused by combustion engines and the raised prices for gas caused by the huge demand for oil, automakers are now working on environmentally safe cars that consume less gas. Then why isn’t everyone driving an environmentally safe car right now if they know that they are killing the environment as they drive? One of the main reasons that many people have no intentions of ever purchasing these cars is simply because of the fact that these cars are known to have almost twice as less horsepower as an average car and therefore accelerate almost twice as slow. Many car enthusiasts, who love to drive fast cars, will have no reason... ...s_47915.asp 4.Karim Nice, How Fuel Cells Work, howstuffworks.com, 10 Nov. 2003, http://science.howstuffworks.com/fuel-cell.htm 5. Karim Nice, How Rotary Engines Work, howstuffworks.com, 10 Nov, 2003, http://auto.howstuffworks.com/rotary-engine1.htm 6. Roger Schreffler, Japan Carmakers Show Fuel Cell, H2 I.C. Concepts, Prototypes at Tokyo Motor Show, 2003, The Hydrogen and Fuel Cell Letter, !7 Nov. 2003, http://www.hfcletter.com/letter/November03/ 7. California Clean Air Act Streamlining AB 3048 (Olberg), 2003,California Environmental Protection Agency, 17 Nov 2003, http://www.calepa.ca.gov/Legislation/1996/ab3048.htm 8. Clean Air--California's Successes and Future Challenges,2003,California Environmental Protection Agency, 17 Nov 2003, http://www.arb.ca.gov/ba/omb/50thfinal/tsld009.htm 9 . Dinan BMW, 10 Nov. 2003, http://dinancars.com/default.htm

Wide Reading

Describe a character that interests you in The Fat Man and explain why that character interested you. Colin a 12 year old boy interested me from the book The Fat Man by Maurice Gee. Colin is a hungry boy caught up by the effects of the Depression. He learns from the fat man that his dad was a bully in school and the fat man wants revenge for what they did to him. Colin is interesting because of the time he lives in and because he has to learn truths about his parents and being brave and helping Verna.We learn from the book that Colin is a hungry skinny 12 year old boy who is always desperate for food. As it was the Depression there was not enough money to buy food to eat. Laurie (Colin’s father) has trouble finding a job and getting enough money to feed his family. In the book it tells us that Colin is a hungry boy with the quotation â€Å"Colin Potter was a hungry boy. † The other quotation â€Å"They were hard times. There were hungry times† tell us that Colinà ¢â‚¬â„¢s dad can’t find a job and get money that they need to buy food and they were quite hungry when Laurie couldn’t earn money.I thought this was interesting as it is different from how children nowadays are being brought up in New Zealand and having enough food for the whole family to have plenty to replenish their hunger when we are hungry. It is hard to imagine how New Zealand children were like during the Depression, hungry for food. Colin is interesting because he has a scary encounter with the fat man and learns that he wants revenge for being bullied by Colin’s father at school. Colin meets the fat man at the creek. The fat man holds him back even though he doesn’t want to and discovers Colin had stolen his chocolate.The fat man soon discovers that Maisie and Laurie were Colin’s parents. The fat man tells Colin about his parents. How his father bullied him at school and farting and blaming everything on the fat man. Laurie and his friends also spat sandwiches everyday at the fat man and made him eat them. â€Å"I cried too, everyday for a year. Pottsie liked it†. It tells us that Laurie made the fat man cry as he bullied him everyday for a year and the fat man hated it a lot. The second quotation â€Å"Then they’d spit on it†¦ Spit sandwich was its name.I ate one of those everyday. † The fat man had to go through Laurie and his friends spitting sandwiches on him everyday and he didn’t like it. It is very interesting seeing how Colin deals with truths about his father. In Colin’s eyes, his father seemed smaller to him now. Colin is a very interesting boy as he was very kind and supportive towards Verna when she had hard times. Despite Colin being very afraid of the fat man and the bullies at school, Colin stands up for Verna and walks her home even though he knows that the Rice gang is going to get him soon.Colin walks home with Verna. The quote in the book is â€Å"I’l l walk with you† which was very kind of him even though he didn’t want to. Colin’s bravery to me makes him a very interesting character. Colin is a very interesting character in this whole story. He overcomes his fear of the fat man and the bullies at school because he was a kind boy and wanted to help Verna. I also learnt more about the Depression – how many people could not find jobs and therefore their families could not afford food.

The Day I will always remember

Well what can I say about this amazing night out? I knew from the moment that I heard it was confirmed to happen that it really was going to be something special, after all it is (in my opinion) the greatest DJ on the planet playing in my favourite club on the planet. I have been a serious fan of Lisa Lashes ever since I first heard her play in Spank @ Ceasers, Dundalk and I fell in love with her mental non-slacking style off pure Hard House. So naturally when I heard she was coming to play in ‘The Met' there was nothing on this planet that could stop me from witnessing this night. As for ‘The Met', well what can I say. Three things make it my favourite club in Ireland. Firstly a layout to die for consisting of one single huge tremendous off Arena. (Co-incidentally that is how it is known to the die-hard posse i. e. ‘The Arena') With the dance floor being the lowest point, then there's the stage with two wicked podiums, the place then works its way up a series of pumping balconies & staircases right to the very top mental balconies and the DJ box is situated just above the main stage. Secondly the absolutely spectacular sound & light systems are both absolutely first class, I have been going to the Met for about 2 years and I have never once witnessed any problems with the light-show or the sound system. Last but absolutely in no way least, the crowd. Every Saturday night the place is filled with mental up for it clubbers from all over the north and south of Ireland who I know all feel as passionate about the place as I do. At about 12:00 when the place is at its peak if you stop for a second and take a look around at this unique place it really never fails to send goosebumps shooting all over your body. To put it in layman's terms ‘The Met' rocks the house every Saturday night without fail, and this one was gonna be twice as nuts! The night started off in a small bar in Dundrum with the place slowly filling up with well up for it clubbers psyching themselves up for a truly unforgettable night. I was saddened by the fact that my usual accomplice & partner in crime Micky was unable to make it for the night (I know she would have felt right at home at a nuts night like this) but this just meant I was going to have to compensate by going twice as nuts. We arrived at about 8:00pm and already the place was bunged to the gills but I'm glad that the Met had decided to stick to its Maximum capacity restriction of just slightly over 2,000 as we all feared we were gonna be crammed in like sardines. Though the place was packed you still had good room to walk about and generally go mad. The music was going unbelievable, the place was bouncing and you would have been forgiven if you had thought it was Lisa Lashes herself on the decks but it was none other than the resident DJ Mal Black doing what he does best, whipping the crowd into an absolute frenzy. Then at 10:00 came the moment everyone had been waiting for. Marc Dobbin winds the crowd up †could you please give a warm Met welcome for the top Hard House DJ in the UK, FOR THE DJ LISA LASHES†. The needle dropped and with that I swear to God in all my years of attending the Met I have never seen the place lose the plot like that. For the next two hours I got the full onslaught that you would only expect from Lisa Lashes and then some, no matter how mental I thought the next tune was gonna be it was always Harder and Faster than I expected. There was thumping baselines and a rolling galore all through her set and there was definitely parts of my brain touched that night that were never reached before and more than likely will never be again. Well that's a lie because just before the end of her set it was announced to the huge appreciation of the crowd that she will be re-visiting the Met again in the very near future. Gods Kitchen are taking up a monthly residency in the Met with Lisa and the equally hard and brilliant Fergie taking it month about to cause mayhem in Armagh. After Lisa's set came on AJ Gibson who I had never heard of before but I really hope to hear of again. Although his set wasn't as hard and as furious as Lisa's I believe it was a more intelligent set and I think he done really well considering he had such a hard act to follow. The second resident DJ of the night, the absolutely amazing Mandy Reid who sent the crowd nuts for the last half-hour or so of the night followed his set. I really do believe that the Met should be proud to have the two greatest DJs in the north of Ireland grace the decks there every Saturday night. Then the night as always in the Met came to an end far too early (it could end at 5:00am and it would still be too early) and it was of home in the hunt for a party. So after one of the greatest nights of my life I would like to thank, Gods Kitchen for there amazing dicor, dancers and crazy performers. The Met for, well simply for being the Met. Mal & Mandy for once again blowing my head of with the best in new and old trance & house. AJ Gibson for also doing an excellent job on the decks and finally Lisa Lashes for absolutely tearing the place up with the greatest style of music played in the greatest way possible, I look forward to seeing her again.

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.

American Beauty Sequence Analysis Essays

The Graduate/American Beauty Sequence Analysis Essays The Graduate/American Beauty Sequence Analysis Essay The Graduate/American Beauty Sequence Analysis Essay Essay Topic: American Beauty Sequence Analysis: The Graduate The Graduate is a subversive, wistful coming-of-age tale epitomizing the ambiguity of reaching adulthood, and the struggle of this experience. Robert Surtees, the cinematographer, successfully uses mise-en-scene to illustrate these particular themes. A variety of props are scattered throughout the opening sequence that allude to Ben’s melancholy and detachment. Additionally, the same sequence uses social and graphic blocking to depict the impedance Ben feels from his parents and their friends. The sequence begins with a scene of Benjamin sitting in front of his fish tank, submerged in thoughts of his future, and later confronted by his father. Fill lighting isolates Ben’s face from the dim background, and enhances the overall sense of glum and dispassion. Moreover, Ben’s impassive expression and wish for a ‘different’ future is also in strong contrast to the enthusiasm and conformity seen later at the party. The subtle placement of the sea-diver beside Ben only adds to this sense of alienation, while, at the same time, foreshadows the comical events at the second cocktail party later in the movie. In fact, the use of water is frequent throughout the film as tool to illustrate Ben’s self-reflection and wavering identity. Perhaps the prop most indicative of Ben, or at least humorous, is the black and white portrait of a clown frowning behind a painted smile, which is briefly shown before Ben’s parents lead him into the party. Clearly, the painting acts as a metaphor for Ben’s character within the sequence, yet, it is so outlandish that the mise-en-scene momentarily teeters from naturalistic to theatrical. However, this is characteristic of The Graduate as a whole. While the movie seems to maintain a certain level of absurdity throughout, it is always hidden behind a certain amount of reality, which is what makes the film’s message so poignant. The quintessential example of this is when Mr. McGuire informs Ben about â€Å"Plastics† at the end of the sequence. From a modern viewpoint, this advice seems to be downright elementary, but considering the film was released prior to the industrialization of plastic, a viewer at that time would find no more use of the information than Ben appeared to. Thus, the shallow dialogue exemplifies Ben’s lack of direction, while appealing to the despondent generation at the time. Surtees continues to build these themes and messages with the use of social and graphic blocking. At the beginning of the sequence, Ben’s father and mother are positioned in a way that blocks him within the shot, obviously representing their overbearing nature. His mother, in particular, consumes the entire frame when she enters the room. You can also see how tight their hold is on Ben by the claustrophobic camera shots at the graduation party later on. The following series of scenes within the sequence show Ben being grabbed and bounced back and forth between forced conversations. Altogether, these social and graphic blockings attempt to illustrate Ben being forced in a disappointing direction through a superficial society filled with high expectations. The sequence also serves as a strong parallel to the movie’s ending where Ben figuratively and literally overcomes these obstacles by pushing Elaine and himself through a furious horde of adults at the wedding. In this respect, the two sequences function as bookends, giving resolution to the controversies constructed within the movie. Sequence Analysis: American Beauty American Beauty successfully builds off of the themes in The Graduate, while also developing modern messages that appeal to a contemporary audience. The film follows Lester Burnham, a depressed suburban father in the middle of a mid-life crisis, as he attempts to free himself from his mundane and mediocre lifestyle. The mise-en-scene in the early sequence of Lester at his office effectively conveys this initial feeling of mediocrity and repression. One of the subtlest yet illustrative dimensions of the sequence’s mise-en-scene is lighting. For instance, the natural lighting in Lester’s cubicle is soft and consistent, signifying the monotony of his work duties. When the shot pans out to depict the entire office space, the grid-like pattern of desk lamps suggest a repetitive nature to his workplace, and the similar arrangement of overhead lights possibly indicates a similar pattern in upper management. The cinematographer, Conrad Hall, also uses harsh directional lighting later on when Lester enters Brad’s office. There is a small ray of outside light radiating from the closed blinds next to Brad’s desk that illuminates Lester throughout the conversation. This streak of light is used to highlight Lester’s face during key instances such as when Brad tells him that this is his one chance to save his job, thus creating a stronger emotional moment. In conjunction with lighting, the color within the sequence tends to add to the vapidity of Lester’s workplace. In strong contrast to the predominant and bold red frequent throughout the movie, Lester’s cubicle is consumed in bland neutral colors that are mirrored in other parts of the sequence. Altogether, Hall effectively uses soft lighting compounded with weak colors to create a feeling of mediocrity that fuels Lester’s future escapades. Comical props and costumes within the sequence lighten the glum ambiance in the sequence while also foreshadowing later events. Exemplary, Brad wears a classic business style suit with a dull blue shirt underneath, mirroring the bleak and repetitive colors in the office. Laughably however, he is also wearing a flamboyant tie that alludes to the person he truly is; a manager attempting to befriend his subordinates and reduce feelings of intimidation. In addition to this, Lester waives a pencil with an overly large soccer ball eraser when conversing with Brad. The funny pencil top hints at the immature state that Lester resorts back to while attempting to overcome his mediocre lifestyle. One could also argue that Lester’s sarcastic demeanor is also reminiscent of an adolescent and is epitomized when he states, â€Å"For you Brad, I’ve got five! † These blatant facades are exemplarily of American Beauty as a whole. Typically, the more troubled a character is, the more they attempt to cover their reality with an illusion. This is clearly an attempt to point out flaws in a modern superficial society. However, the funny props add a humorous touch to the film that makes its social messages less harsh. Hall uses camera angles within the sequence to display the hierarchy of authority in the workplace, which is also representative of the repression Lester tries to free himself of. For example, the camera is always looking up toward Brad while the opposite is true for Lester, obviously portraying Brad in a higher position of power than Lester. The high angel shot of Lester in his cubicle not only depicts him in a minor and passive manner but also places his coworkers within the shot. This gives the perception that Lester’s position and purpose within the workspace is relatively small and negligible. In contrast, Brad is isolated from his peers in the shot, enhancing his overall sense of superiority and reaffirms he is indeed above everyone. The following scene in Brad’s office enhances this effect with the use of perspective. The same camera angles are used for Brad and Lester; however, Brad is much larger in his shots while Lester appears significantly farther and hence smaller in the screen. Consequently, the hierarchical relationship is once again displayed.