Tender-Invitation to Treat-Contract Law

Contract Law Presented by Kerra Bazzey Contract Law Formation of a Contract Terms of a Contract Discharge of a Contract Remedies for Breach of a Contract Formation of a Valid and Enforceable Contract Offer Acceptance Consideration Intention to Create Legal Relations Privity of Contract Capacity to Contract Must not be illegal or contrary to public policy Formation of a Contract A contract is an agreement which creates legal rights and obligations between the parties to it. It is formed when the parties reach agreement on the essential features of the bargain.Offer – a statement made by a party which manifests an intention to be bound on precise terms. The person who makes an offer is known as the offeror or the promisor. The person to whom the promise is made is the offeree or the promisee. Bilateral contracts – most common form of contract – here there is an exchange of promises. Unilateral contracts – commonly known as an ‘if’ contract †“ here the promise is one-sided as the offeror alone makes a promise. Elements of an Offer (i) An offer can be made to an individual, a group of persons or to the public at large.An offer to the public at large can only be made where the contract is a unilateral one. (ii) An offer should not be vague. Where on the face of it an offer appears to be vague, but the parties have had prior dealings or are operating in a particular trade, then the courts will imply certain terms and conditions to conclude that a statement that initially appeared vague is in fact sufficiently certain. (iii) A response in request to clarification on price or a request for more information is not an offer. Elements of an Offer Consider the following exchange: – H: â€Å"Will you sell us your farm called Bumper Hall Pen? Fax me the lowest price†? F: â€Å"Lowest price for Bumper Hall Pen is $1,200,000. 00†. -H: â€Å"We agree to buy Bumper Hall Pen for $1,200,000. 00 asked by you†. – F never replied to this. H argued there was a valid contract. -The court held that F’s statement was not an offer. – It was merely a response to a request for information which showed the lowest price that F would have been prepared to charge in the event that he chose to sell the Bumper Hall Pen. – H’s last communication could therefore not be regarded as an acceptance. Elements of an Offer (iv) If a person declares that he intends to so something, that statement of intention is not an offer.If someone acts based on what was declared, and the person who made the declaration does not carry out the act he stated he would, but the person who acted based on what was said suffers a loss, the person who suffered the loss cannot bring an action against the person who made the declaration. This is because there was never any offer so there was nothing to be accepted. Consider the following case: – An auctioneer advertised in the newspaper that he would be holding a sale of office furniture. – A broker commissioned to buy office furniture travelled from far to attend the sale but all the furniture was withdrawn. The broker sued the auctioneer for his loss of time and expenses. – Can he recover for his loss of time and expenses? – No. – The court would hold that an intention to do something does not constitute an offer geared towards create a binding contract. Invitations to Treat Invitation to Treat An offer must be distinguished from an invitation to treat. An invitation to treat is an invitation to someone else to make an offer. It is not an offer because there is no intention to be legally bound. It is an invitation to negotiate. There are 4 categories of invitations to treat – advertisements in a newspaper display of goods on a shelf – auction sales – invitations to tender Invitation to Treat Advertisements As a general rule, an advertisement in a newspaper is not an of fer. It is an attempt to induce offers. This general rule is displaced where the advertiser by his word or conduct shows a clear intention to be bound, as is often the case in the unilateral contract. Display of Goods on a Shelf A store owner who displays goods on a shelf with the price attached does not make an offer. He is merely inviting the public to make an offer to buy the goods at the price stated. Auction SaleThe general rule is that in an auction sale, when the auctioneer invites bids, this is not an offer but an invitation to treat. When the bidder responds with a bid, he is in fact making an offer and the auctioneer is then free to accept or reject this. Invitation to Treat Invitation to Tender Generally a request to tender will be considered as an invitation to treat. Any tender document which is submitted in response to this request is an offer and the invitee of the tender is then free to accept whichever offer he chooses. Termination of an Offer (i) Revocation or with drawal of an offer by the offeror (ii) Counter offer (iii)Lapse of time (iv) Death (v) Non-fulfilment of a condition precedent Termination of an Offer (i) Revocation – A revocation is a withdrawal of an offer. An offer can be revoked at any time before it is accepted because there is no binding contract before acceptance. An offer cannot be revoked after it has been accepted. A revocation must be communicated to the offeree to be effective. If it is not, and the offeree accepts, there will be a contract. Termination of an Offer Consider the following: By letter dated 1st October, A offered to sell goods to B. – B received the offer on 11th October and immediately accepted by fax. Prior to that, on 8th October A wrote a letter revoking the offer. He mailed this and B received it on 20th October. – Is there a contract? – Yes. The court would hold that the revocation came too late and was not effective until it had reached B. A contract was made when B faxed his acceptance. Termination of an Offer The revocation does not have to be communicated to the offeree by the offeror himself. It is enough if the offeree learns of the revocation from a source which he believes to be reliable. A mere request for additional information does not destroy an offer. Consider the following example:A offered to sell B goods at $100,000 per ton and stated that the offer would remain open until Monday. – Early on Monday B telephoned A and asked him to indicate whether he would accept ‘$100,000 per ton for delivery over two months or if not, the longest limit he would give. In other words, he was asking whether he could buy the goods on credit. Termination of an Offer – A did not respond. – On Monday afternoon B contacted A to accept the offer and found out that A had sold the goods to a third party. – Was there is breach of contract? – Yes. – The enquiry was not a counter offer but a request for further infor mation.A’s offer had not been terminated. Termination of an Offer Counter Offer Lapse of Time Where an offer is stated to be open for a specified time only, once that time expires and the other party has not responded, then the offer automatically ends. If no time is stipulated, the offer may lapse after a reasonable time. Death Where the offeror dies before the offer is accepted by the offeree, the offer is terminated. If the offer is accepted before the offeror dies, it may be enforceable against the estate if it is not of a personal nature. Elements of a Valid Acceptance AcceptanceA contract can only exist when there is consensus ad idem, that is, a meeting of the minds. This is where the acceptance merges with the offer. An offeror can prescribe that the acceptance must occur in a particular manner, eg by post or hand delivered or by telephone. An acceptance to an offer is only effective if it is communicated to and received by the offeror. If something impacts upon the a bility of the offeror to receive word of the acceptance, for example, because of interference on the phone line or because the offeree is unable to speak clearly, then there is no contract.Elements of a Valid Acceptance Silence does not amount to acceptance. Consider the following example. B placed a house with an auctioneer to find a buyer. Subsequently A began to negotiate directly with B for the purchase of the house. The only outstanding matter was the question of the price. A stated â€Å"if I do not hear from you I shall assume that the house is mine at $X. † When B heard this he told the auctioneer not to sell the house. In error, the auctioneer sold it to another person. A sued in conversion (a tort alleging wrongful disposal of property).Although B’s actions suggested that he was in effect accepting B’s offer, the court held that there was no contract because he never communicated this acceptance to A. His silence did not amount to acceptance. There was therefore no contract. Elements of a Valid Acceptance An acceptance of an offer must be absolute and unqualified. If it does not accept all the terms of the contract as originally set out, it will be a rejection of the offer. Where the offeree introduces a new term which the offeror never mentioned he introduces a counter offer.A counter offer effectively puts an end to the original offer and it cannot be accepted later. Example – A offers to sell a house to B for $1,800,000. 00. B asks A whether he will accept $1,500,000. This request by B is a counter offer which has effectively brought the original offer to an end. There is therefore nothing open for B to accept and A is free to sell to a 3rd party. Acceptance When a counter offer is accepted then its terms and not the terms of the original offer become the terms of the contract. Example B and M agreed to enter into a formal contract after a series of negotiations.M sent the terms of the contract to B for signature. B sig ned the agreement but amended it by inserting the name of an arbitrator who would be used to settle any disputes. The contract was never formally executed but each party acted in accordance with the agreed terms. When a dispute arose under the contract, B sought to argue that there was no binding contract. The court held that the insertion of the name of the arbitrator was in fact a counter offer. Once M took delivery of goods in accordance with the terms of the contract, its conduct amounted to an acceptance of the counter offer. Acceptance Subject to Contract’ means that the parties do not intend to bind themselves until a formal document has been drafted and signed. The effect is no rights or legal obligations are imposed on either party. Acceptance The Postal Rule A distinction is drawn between an acceptance through instantaneous means and one in a contract by post. The post office rule constitutes the post office as an agent of the offeror. It states that when an accepta nce is placed under the lawful control of the post office, it is effective even without actual physical delivery to the offeror. The postal rule applies to acceptance only and not to offers.Acceptance Consider the following example: A posted an offer to B on 2nd September. That letter contained a clause which stated that A expected a response by the post. The letter was incorrectly addressed and reached B on the 5th September. B sent off a letter at once agreeing to all the terms contained in the offer. On the 8th September, A not having heard from B, sold the item to a third party. Was there a breach of contract? Yes, because a contract had been completed on the 5th September when B posted the letter of acceptance. The post office was the agent of A, the offeror and had received the acceptance on his behalf.

Discuss the role of Lady Macbeth in the play Essay

Lady Macbeth takes a leading role in the play. From the very first sighting, that we encounter her, her strong powerful character over powers us. I will be focusing on the role of Lady Macbeth, whom is married to the main character Macbeth. Lady Macbeth plays and important role in the play, as she influences events that take place to a large extent. As the play develops, we see Lady Macbeth displaying many aspects and qualities of her personality. Lady Macbeth by nature I believe is a manipulative woman; she has a goal in her sights and seems to use everything in her power to reach it. Her involvement in the murder of King Duncan is dominating; she formulates and directs the whole plan. Lady Macbeth is the person who gives the impetus to Macbeth to do what she believes he must do. The first time we come into contact with her is in Act 1 Scene 5 of the play. We see her performing a soliloquy. Here she makes an immediate impact, performing on her own centre stage, reading a letter from Macbeth. The letter informs her of Macbeth’s and Banqo’s meeting with the witches. It tells her of the witches prophecies to him – the prophecy that one day she and her husband would become King and queen of Scotland. This idea seems to kindle a fire in Lady Macbeth. Immediately she seems to be forming a scheme, putting plans together to fulfil the witch’s forecast of Macbeth’s life. This shows how determined and ambitious Lady Macbeth is. ‘Glamis thou art, and Cawdor: and shalt be what though art promise.’ She promises that what the witch’s predicted will be fulfilled. She indicates that she has immediately formulated the idea of a murder. This straight away creates a first impression on the audience – evil personified! â€Å"I fear thy nature, is too full of the milk of human kindness to catch the nearest way†. Lady Macbeth knows he knows he is a man of honour and that she believes that he deserves the status of a king. Lady Macbeth realises it will be a hard decision or Macbeth, perhaps shocking idea that killing Duncan would be to ‘catch the nearest way’, to becoming a royalty himself. She knows it is an extremely tempting offer and he will suffer greatly over his final decision. She feels that he has a soft personality, and does not have it in him to fight for this position. He is too decent a man to take advantage of this opportunity. Lady Macbeth thinks he has the ambition but lacks the courage. She feels he is a kind, generous, noble man and cant go ahead with what she has in mind for him. Lady Macbeth feels as though only she can persuade Macbeth to Initially Lady Macbeth seems to have the stronger ambition of the two. She appears to be an individual who is totally devoid of moral conscience; she has the appearance of an unstoppable woman. She has strong beliefs that will power/courage are the only two things that should dominate Macbeth’s mind, ‘Screw your courage to the sticking place!’ – Someone who encapsulates evil. The audience comes to realise that Macbeth, who is very tempted by the notion of kingship, has no chance against this self-created monster. He is affect – damned. The witches’ prophecy is something that Lady Macbeth is obsessed by and is determined to will into fruition. Her second soliloquy now shows the igniting of this wicked plan. She realises that Duncan is actually coming to visit her at the castle. Her first few lines are probably spoken in total amazement. ‘He brings great news’; She would probably exclaim this quite joyfully. This works on two levels though. It is a great honour to have the king himself staying the night. It is also her big chance, in her mind, not to be missed! Lady Macbeth makes a decision that he will not be leaving alive. She is fully confident that she is making the right decisions and that the chance that she has awaited has arrived. Lady Macbeth decides to take the opportunity and make sure that Duncan is killed. This shows that Lady Macbeth has no pity what so ever. She isn’t going to let anyone come in her way. Lady Macbeth has clear ideas, and has planned exactly what has to be done. ‘The raven himself is coarse, That croaks the fatal entrance of Duncan’. Since her first soliloquy, the audience has established that she has more ambition, and craves more domination than a woman (particularly at that time) is thought rightly to have. The notions that she has conjured up do not seem to be likely of a particularly feminine personality. She shows very little compassion or worry. Now, she (by the power of magic) wants to get rid of any womanly nature at all, ‘Come you spirits that tend on mortal thoughts, unsex me here’. She would deliver these lines as if calling to a divine power. She calls to the ‘spirits that tend on mortal thoughts’ – these are the spirits that tend on any murderous thought or ambition. Lady Macbeth wants the sympathetic nature of a woman to be taken away from her so that any feelings that stop her from doing this deed are got rid of. She asks them to, ‘Stop th’access and passage to remorse’. She wants to be separate as possible from ‘the milk of human kindness’. She wants her breasts to be instead full of bitter poison. She probably desires to get rid of most human qualities, and, instead be on a par with these ‘magic murdering ministers’ – The spirits of evil and murder. Lady Macbeth becomes very impatient and wants time to pass quickly so that she can proceed with her plans. ‘You wait on nature’s mischief! Comes thick night.’ She wants the night to fall quickly so that it can hide the murder she is planning in the shadow of its darkness. ‘That my keen knife sees not the wound it makes.’ After she says this, it is clear to the audience that he is serious about killing Duncan and will go ahead with the deed. Lady Macbeth at this point has herself very excited. When her husband finally enters, we see him and her together for the first time. In her excitement Lady Macbeth addresses him as ‘ Great Glamis’, ‘Worthy Cawdor’ and then, ‘All hail thereafter’ – The king! This excitement would cause her, I believe, to change the way she speaks This excitement and more importantly the will power she derives from it seems to overtake her husband. This again reinforces the audiences’ suspicion that Lady Macbeth is pushing herself further than is appropriate. When she learns that Duncan will be coming the next day, she tells Macbeth that Duncan will not be seen on the face of the earth after tomorrow. ‘O, never Shall sun that ‘morrow see.’ She clearly states to Macbeth her feelings and what she believes needs to be done, in a straightforward manner. Lady Macbeth tells Macbeth that he needs to change his personality, and that he needs to put on an act. ‘To beguile the time, Look like the time; bear welcome in your eye, Look like the innocent flower, but be the serpent under’t.’ Lady Macbeth wants her husband to act innocent but have an evil soul. All of this shows how she enjoys dominating situations and people. Lady Macbeth likes to be in control of everything that happens. She is trying to persuade Macbeth to do the deed. Then also enjoy the end, which is becoming Queen herself. ‘The night’s great business into my dispatch.’ ‘Leave all the rest to me.’ Lady Macbeth believes that she can sort everything out herself, as she knows what needs to be done, and how she is going to do it. She likes taking control of things. This shows she is single minded. In Act 1 scene 6, Duncan finally arrives. Lady Macbeth now proves how deceptive and two faced she really can be. Duncan arrives with nothing but compliments for the castle and its hosts, ‘ This castle hath a pleasant seat’, ‘See our honoured hostess’. Lady Macbeth shows herself as the perfect hostess, ‘All service in every point twice done, and then done double’. Then she leads him triumphantly, almost as a trophy, into the castle and to his dreadful fate. In act 1 scene 7 Lady Macbeth has her work cut out for her. She constantly has to reinforce her husbands’ resolve, pushing him on. Macbeth’s resolve fails him, in his soliloquy, he is in agony with his doubts, and he decides against following through with the plot. We see her talking to Macbeth about killing Duncan. He thinks of all the reasons why he cannot kill his king. – He sees him as an honourable king, an honourable man. He is ‘His Kinsman’, And Macbeth was his ‘subject’. Macbeth had been honoured by Duncan, being made ‘Thane of Thife’. He also worries what will happen, ‘Tears shall drown the wind’. He reaches his final decision; the murder will not go ahead. Macbeth seems to wake up, he doesn’t ask his wives permission, and he seems to have regained control from her dominating influence. Lady Macbeth enters asking why Macbeth, as expected of a host, was present at the table, Macbeth asks ‘hath he asked for me?’ Lady Macbeth replies, ‘Know you not he has?’ I believe she would ask this question quite firmly; she wants Duncan to be oblivious to any negative feelings Macbeth may have. Macbeth goes straight to the point and out lines his reasons, ‘We will proceed no further in this business’; ‘He hath honoured me of late†¦Which would be worn in its newest gloss, not cast aside so soon’. Lady Macbeth is somewhat taken aback – staggered by her husbands’ decision. Here she thought she had the cat in the bag, her husband was prepared to take this amazing opportunity to grasp kingship. Her willpower had spurred him onto it. Now she saw she wasn’t as powerful and influential as she originally thought she was – She turns on Macbeth. In a moment she realises her willpower had not had its desired affect. Lady Macbeth changes, her tactics switch from ‘unsexed’ to using her feminine powers. As a woman, she will now humiliate and manipulates Macbeth as a man. Lady Macbeth knows that it will sting Macbeth if she taunts him. At the beginning of the play, Macbeth had been mentioned to be, ‘A worthy bridegroom for the goddess of war herself!’ He has been honoured for his great roles in battle by the king himself. Naturally, it will provoke Macbeth if his honour or ‘masculinity’ is challenged. She taunts him: ‘Was the hope drunk wherein you dressed yourself? Hath it slept since?’ Lady Macbeth I believe would utter this in mock disbelief. She would be sounding as if to be appalled at the lack of confidence in Macbeth’ conviction. It makes a fool of him, she asks, ‘Were the hope drunk Wherein you dressed yourself?’ She is saying, was your hope drunk? And now, wakes with a hangover – regretting what it had said? She uses the words, ‘pale and green’ to pictorially describe colours and shades that are normally associated with weak, and sickliness. She then continues, using her feminine power, to question his love for her, saying, ‘Such I account thy love’. Meaning his love to her is as one of his drunken promises. These are not words that Macbeth is accustomed to having directed at him. He is not used to having his courage mocked. He perfectly knows he is not a coward. He is one of the bravest men around. Lady Macbeth expects him to retort this way. He continues though, he puts his finger right on it, ‘Who dares do more is none’. Macbeth means whoever dares to do anything more daring, dangerous or maybe wicked, isn’t human; they are supernatural, probably monstrous. Macbeth is defending himself, he is suggesting that anything more brave wouldn’t make him a man, it would make him monster; and that is the truth. Macbeth knows it’s the truth, Lady Macbeth knows it is the truth, and importantly the audience realise this is the truth. He is prepared to do ‘all men can do’, but he draws the line at becoming a monster. Lady Macbeth would perhaps falter at this. Yet again though, she picks up the offensive, though in a slightly weaker position perhaps. She takes a risk by replying ‘What beast was’t then, that made you break this wicked enterprise to me?’ Lady Macbeth shifts the blame back onto Macbeth, claiming he was the one to hatch the plan, the crucial words being ‘you break this†¦to me’. The audience will pick up on this, realising that it was never Macbeth who ever originated the idea, it was in fact Lady Macbeth. Macbeth fails to see this though and she carries on. She reasons that when he (Macbeth) had proposed this ‘enterprise’ to her, then he ‘were a man’. Lady Macbeth tries to change Macbeth’s perception of what is manly. She tries to change what Macbeth perceives as man, being brave and daring to do ‘all that may become a man’, to a man being almost a killing machine. She does this by saying ‘When you durst do it, then you were a man’. Lady Macbeth thinks that a man is someone who would do anything to make himself bigger, stronger or more powerful. Lady Macbeth then uses a slightly different tack; she uses shock tactics to demonstrate how she feels about following through with the murder. Lady Macbeth brings to mind the most grotesque image that she can think up. She says she would take a child, hers, and ‘while it was smiling in my face†¦and dashed the brains out, had I so sworn as you Have done this’. By this, Lady Macbeth reveals a side to her to her audience. She is evil and she will stop at nothing. What she meant by killing her child like this was to show her strength of conviction and willingness to carry out her word ‘had I so sworn to you [Macbeth]’. It appears to work, and Macbeth falters saying (indicating a change of heart) ‘If we should fail?’ Lady Macbeth has now re-engaged him, and Macbeth is curious again. Again Lady Macbeth shows her strength of conviction and will, ‘Screw your courage to the sticking place – and we’ll not fail’, Lady Macbeth I think hits these words with a real sense of belief, urging Macbeth to think about it. Failing? – Lady Macbeth declares that this is impossible. She proceeds to outline her plan, believing she now has Macbeth back onboard. She will make Duncan’s guard’s drunk and she and Macbeth will commit the murder, leaving the guards to take the fall for it. The plan is ruthlessly simple and cowardly. The audience cannot help but realise this; Lady Macbeth has thought this through non-stop and has made her plan as efficient and as fool proof as possible. Lady Macbeth makes it so safe, and has reconfirmed Macbeth’s original intentions – but still Macbeth will know in the back of his mind, this is all wrong. Lady Macbeth has powerfully changed Macbeth, using his moral weaknesses exposed by his ambition, to change his mind. Macbeth has let his wife’s iron will destroy his conscience and his somewhat ‘sophisticated’ moral sense. Again though, the audiences are left with sub-conscience doubts about Lady Macbeth’s appearance of unshakeable strength. In Act 2-scene 2 there is more talking between Macbeth and Lady Macbeth, about killing king Duncan. Here she displays he having controlled and authority over Macbeth’s mind and actions, but also how support she can be towards him. One of the things that particularly stood out was her inability to commit the murder herself. For all the boasting and the character she built up of herself, Lady Macbeth cannot do any of which she said she was so sure of. Lady Macbeth was supposed to commit the murder herself, but she goes in and comes straight back out again, being startled by a bird’s cry as she stands there. Macbeth comes up the stairwell and sees Lady Macbeth there; she seems to make some excuses for her being there saying, ‘I am afraid they have awaked’, then she admits, ‘ And ’tis done. Th’ attempt and not the deed’. Lady Macbeth has faltered, and she cannot bring herself to the deed she swore she would do even if she had to dash her own child’s brains out. She came into the chamber and almost I would imagine shouts the line, ‘Hark! I laid the daggers ready’. Lady Macbeth is angry I think with herself, as if she is ashamed. She makes the excuse that she entered, saw Duncan and saw he was like her father in his sleep – and could not kill him baring in mind she was prepared to kill her own child. Macbeth nevertheless has killed Duncan. Macbeth is almost immediately feeling the consequences; he recounts it as if he suffered immediate guilt whilst he was doing the murder. Macbeth has started to crack; he is breaking down, saying that he heard voices saying he would no longer be able to sleep. What Lady Macbeth now faces is what ultimately destroys her. She has now to bear up to Macbeth’s faltering conscience amidst her own despair. Lady Macbeth tries to silence Macbeth, trying to drive the thoughts of guilt out of her mind – trying to remain strong saying ‘A foolish thought to say a sorry sight’. A few lines on Lady Macbeth prophetically says, ‘These deeds must not be thought. After these ways; so, it will make us mad’. It is here that Lady Macbeth’s character has its biggest and final test. Lady Macbeth now reverts into a controlling wife, as she tries to distract her mind from what has happened by snapping into gear and sorting out what has happened. She is practical and tells her husband to go and wash himself of blood, and then she summons whatever courage she may have left to go and put the daggers with the guards to ensure that they have the blame. Again Lady Macbeth is practical, there is a knock at the door of the castle and she restrains her husband from answering it. Lady Macbeth’s mind is in full gear with this murder. She sees that it would be strange if they were to answer the door at this hour of the night saying, ‘Get on you’re night-gown†¦And show us to be watchers’. Lady Macbeth is in full control of her faculties at this point, whereas her husband is starting to really break down, already wishing he’d not done it ‘Wake Duncan with thy knocking. I would thou couldst’. Lady Macbeth is not the strong person she appears to be though. Following on in Act 2 scene 3, Macbeth and Lady Macbeth perform an amazing drama to dupe them, and prove their innocence. Macduff arrives at the gate and goes to see the king in his chamber, and returns with the news of his death. The blame obviously falls upon the guards and Macbeth convincingly puts up a show that he loved Duncan so much that he kill the guards on the spot, Thus, removing any ability for them to defend themselves. Now, this does temporarily shift suspicion towards Macbeth, but he gives such an intricate and heartfelt speech, that combined with Lady Macbeth swooning and starting to faint, â€Å"Help me hence, ho!† She draws the attention away from Macbeth, it is enough to convince the others of their innocence at least for the moment. The murder also frightens Duncan’s sons; they fear that they might be next; this is probably true, since in order for Macbeth to have a good chance to become King, both of them must be killed. Therefore, they flee, and this puts them under suspicion. It could be reasoned that they might have killed their father in order to quicken their ascension to the throne. Again, all of which are complete lies. Such harmonious co-operation when under pressure shows that Lady and Lord Macbeth do indeed work well together, and have an excellent relationship. In Act 3-scene 2 Macbeth is crowned King, one of the first things Macbeth does, is have Banquo assassinated. It is important to note that he does this independently of his wife; his coronation seems to have given him new courage. We see Lady Macbeth being impatient. Lady Macbeth is again telling Macbeth to put his past behind him, ‘What’s done is done’, Putting more strain on their relationship. Macbeth obviously however has taken over, he hints to Lady Macbeth that he has a plan in action and she should be, ‘Innocent of the knowledge, dearest chuck’. Lady Macbeth knows something is going on, however see isn’t fully aware of it. She thinks this after a conversation with Macbeth as he means to be unsettled and sneaky. Lady Macbeth tried to lighten things with Macbeth by telling him not regret anything. â€Å"Things without all remedy â€Å" She is telling him not to think about something that can’t be corrected. Lady Macbeth is the opposite however; she is at heart a weaker woman than Macbeth is the stronger man. She does start to feel guilt and consequences for her actions; she cannot keep the ruthless monster image up. Lady Macbeth wants to know what Macbeth is planning behind her back, however he refuses to tell her that he is plotting to kill Banquo. â€Å"Whats to be done† Lady Macbeth shows that she is curious and dislikes being left out with Macbeth’s plans. Macbeth even teasingly knows this, saying in affect that she would prefer not to know the details of his plan. Lady Macbeth herself however, is doubtful in her new found power; she is troubled by their present state. However, she does tell Macbeth this, who is already worried, almost to the point of suicide by his speech. Instead, she comforts him again, advising him not to brood on the past. However, he is still deeply concerned. He tells his wife of his plan to kill Banquo, and for a change, she asks him what to do. He tells to do as she has told him; to put on a false face, and pretend nothing has happened. Macbeth does however, suggest his discontent about his deceitfulness, but recognises its necessity. This switching of roles due to Macbeth’s increased confidence and Lady Macbeth’s lack of is perhaps quite important. It shows that their relationship is changing. The Lady Macbeth of Act-1 has lost its initiative in evil. Act 3 Scene 4 Lady Macbeth becomes increasingly worn down by her husbands’ own mental deterioration. Macbeth makes quite a scene at his feast, holding a party to celebrate his title of king. It starts with him not sitting at the table and instead having a furious conversation with one of the murderers of Banquo. Lady Macbeth hurries in saying that ‘You do not give a cheer. The feast is sold’, Macbeth is acting strangely to his guests, but this is not the strangest thing to happen yet by far. Macbeth becomes hallucinated and colour drains from his face and he begins to shout because of seeing a ghost, only visible to himself – a ghost of Banquo. Lady Macbeth immediately covers for him, â€Å"Sit worthy friends† Lady Macbeth realises that Macbeth is about to give the whole game away and has to desperately rescue herself and her husband. She tells the guest that Macbeth is having a fit, but he will soon recover. She calms Macbeth down, by calling him out the room to ensure he doesn’t say anything he shouldn’t. You have displace†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬  Lady Macbeth is totally confused to why he is acting like this; she then goes on by asking the guests, with a complete lack of ceremony, to leave immediately. â€Å"Stand upon the order†¦Ã¢â‚¬ ¦.† Lady Macbeth is very rude in telling the guest to go, as she fears that Macbeth might say something he shouldn’t. This surely wears her down and worries her of what the guests may think. Lady Macbeth tries to pull Macbeth together, but it has no effect. She is undergoing along with her husband a state of intense mental, physical and emotional exhaustion. This is the last time the Macbeth’s are seen together as one working unit. Lady Macbeth says little at this point and cannot seem to match her husbands’ vigour. Macbeth says, ‘I am†¦o’er’ Meaning he admits that he is too far-gone, it is simpler to carry on his bloody ways than to turn back now. Lady Macbeth urges him to stop, telling him he lacks sleep and needs to go to bed. Macbeth’s range of evil has outstretched Lady Macbeth’s, she is beyond it all. This is the last time that Lady Macbeth is seen as sane. In fact, Lady Macbeth is not present in any of Act-4, not appearing until into Act-5. Scene I is where the most obvious change of Lady Macbeth unfolds. The long absence of Lady Macbeth until Act-5 reinforces her appearance as the mad, delusional woman in scene ii. Her mental stability reaches its terminal point and this once monster, becomes nothing but a nervous wreck. The human traits of guilt, conscience and common human feeling all catch up with Lady Macbeth. She could not run from them forever, and now they have reduced her to a pitiful state. Lady Macbeth walks around her bedroom, shuffling nervously, crying out when she cannot remove a figurative spot of blood – or guilt. Lady Macbeth recounts her guilty deeds but as a sign of her mental disarray, she cannot tell them in any chronological order. I would imagine an actor playing the part of Lady Macbeth telling each incident that she calls to mind, as if it cuts her mentally – breaking up her mind. The agony that Lady Macbeth passes through will eventually lead to the last part of her deterioration. Her agony will drive her to despair and ultimately, she is mentioned to have committed suicide. In act 5 scene 5, we learn that Lady Macbeth is dead. This is a bad end for Lady Macbeth; though, a woman of powerful ambition and driving force, and a person in an influential position – she dies pathetically. This end runs parallel to the events of the play and reflects on the outcome of the theme of evil throughout. Lady Macbeth thought she was as evil as she could wish to be, as unconnected from other womanly and human qualities as she might choose. She believed ambition and will power were everything – yet it was all these things that ultimately lead to her end. Lady Macbeth thought that her ambition and worldly success would justify any move she made. Lady Macbeth would not accept that evil is self-destructive. Her impressions of overpowering evil were in the end of a day – only an impression. Her conscience first shows its greater power when she is unable to kill Duncan herself. Her next step was when she had to come to terms with her and her husbands reality of evil. The mounting guilt becomes heavier and heavier on her, with the killing of Banquo and the guards. She has to continue to keep up her appearances and her husbands resolve, excusing his behaviour, supporting him, all whilst keeping on top of her own mental condition until he overtakes her in evil. This has its obvious end; she has no way of escape, which further tortures her mental condition. The only way out of her self-created downward spiral was her own death.

A Critique of Lost Names, a Book by Richard E. Kim

A Critique of Lost Names, a Book by Richard E. Kim Love Conquers Hate In the book Lost [1] Names by Richard E. Kim, the Koreans ingenuity from experience bolsters Edward Siedensticker’s opinion that Lost Names is not a poem of hate, but a poem of love. The Koreans in Lost Names do not fight the Japanese’s hatred with hatred back to the Japanese. The Korean people understood that fighting the Japanese’s violence and hatred would result in death and damage for both sides, and keep adding to their suffering. When the Koreans realize the consequences of fighting with hate, they wisely choose to fight the Japanese with love. A wise man would know not to fight violence with violence. Back when Koreans and Japanese had a rough relationship; the Japanese kept the Korean people hostage, increased famine for the Koreans, and forbid the from practicing their culture. Temporarily, the Koreans people wanted to take revenge on the Japanese for causing great suffering for the people. The Koreans realized that in the long run, making the Japanese suffer would be useless and a waste of time. The narrator and his father came to the conclusion that making peace with the Japanese and forgetting all their past mishaps would be beneficial for the Korean and the Japanese people. The following passage supports my reasoning: â€Å"Please help us! Please help us!†, he is saying. [] â€Å"Get up†, the narrator says to the man and his wife, â€Å"My father would have saved you† (159). The narrator may not have been willing to let the man and his wife in if he just thought about it for a few seconds. He t ook his time to really think about what the right thing to do was. Being nicer to the Japanese may not benefit the narrator and his people now, but as times change the narrator and his father know that peace would be the best for their people. As the narrator knows how it would feel to be treated unfairly from the Japanese, like when the narrator had his culture taken away from him and being beaten constantly from the Japanese; all because the Koreans are seen as inferior through the Japanese’s eyes. The narrator’s occurrences make him realize why his father is kind to the Japanese when the Japanese are cruel to the Koreans. The narrator’s realization implies that he is learning to fight with love not hate in the passage. Secondarily, the Koreans changed their views of the Japanese because they knew how it felt to be treated immorally. The following quote from Lost Names supports my assertion, â€Å"A youngman with a shotgun is running into the house from the west gate shouting, A man from the police is coming sir! My father says, Bring him in. [] We will turn them over to you, provided the issue of your receipt, we accept your terms, says the narrator’s father† (188). The passage rehashes the idea that the Korean people are learning from the wise ways of the narrator’s father. The narrator’s father does not go up to the shameful Japanese and beat them up for all the things they have done to the Korean people, instead he politely asks for a receipt and makes a compromise. The Koreans want to ruin the Japanese, but they learn that making peace would be the better option from the narrator’s father. His father sets a good example to the Koreans and the Japanese with h is respectful actions. The narrator learns from the father how to fight hate with love, and they teach the other Koreans. The Koreans shrewdness makes Lost Names a poem of love. As the evidence displays above, the poem of love is dominant over the poem of hate in Lost Names. Although there are examples of violence and hatred from the Japanese, the Koreans wisely don’t act for revenge, which diminishes the idea that Lost Names could be a poem of hatred alludes to that Lost Names is a poem of love. The end of Lost Names foreshadows that the Japanese and the Koreans have made peace with each other.The theme from the Lost Names teaches a good lesson; fight hate with love, and make peace.

Mill's Utilitarianism Essay Example | Topics and Well Written Essays - 500 words

Mill's Utilitarianism - Essay Example That is why he tries to show that justice and utility are able not only to coexist, but also cooperate. He points about that a fundamental part of justice is the desire to punish. Indeed, the former notion is often connected to various actions which might have a certain violent aspect, for example, a court ruling is basically a punishment for a person (50). So, he draws a connection between justice and some negative effects that it may have on people. Mill also suggests that justice might be perceived as a form of retaliation or vengeance that is applied to people who violates the rule and regulation which were created by the society (52). In other words, the social environment takes defensive actions in the form of justice in order to punish those how did not follow the conventions and thus became a treat to it. What is more important is that this desire to retaliate is seen by Mill as an essential constituent of a human being. Indeed, it is a part of our nature to hurt those who hurt us (55). He points out that this kind of attitude to others allows people to build a social environment that provided them with security. Nevertheless, in the case of justice this natural desire is conditioned by other characteristic features of a human being, such as intellect and sympathy (11). In other words, when violent actions addressed to those who hurt as go through the prism of intellect and sympathy, they become justice that is being applied to those who should be punished. Finally, the range of people who are likely to experience the consequences of justice is defined by Mill in the following way. On the one hand, this number includes those people who hurt a particular individual (50). For example, a person who commits robbery hurts another person and the latter perceives it is an act of injustice that was directed at him or her personally. In this case the

Commercial law Essay Example | Topics and Well Written Essays - 2500 words - 1

Commercial law - Essay Example â€Å"What is needed for ascertainment is that the buyer should be able to say, Those are my goods This requirement is satisfied if he can say, All those are my goods. There is no need to be able to say that any particular goods came from any particular source.† Once the goods have been ascertained, thereby releasing the inhibition of sect. 16, the moment at which the parties intended title to pass may be inferred relying on the prima facie presumption created by rule 5(1) of sect. 18, i.e. that title passed when the unascertained goods sold by description and being in a â€Å"deliverable state†5 were unconditionally appropriated by one party with the assent of the other. Delivery of the goods by the seller to a carrier or other bailee for the purpose of transmission to the buyer is said by rule 5(2) of sect. 18 to constitute an act of unconditional appropriation.6 Where, for example, the seller still has the obligation under the contract to actually deliver the goods to the buyer, title may already have passed to the buyer upon some prior act of appropriation.7 Possession will only be transferred upon actual delivery.8 Unconditional appropriation is the irrevocable earmarking of the goods as the contract goods, after which act the seller gives up his right to change his mind and substitute other goods of the same kind.124 Unconditional appropriation was held, in Carlos Federspiel & Co., S.A. v. Charles Twigg & Co. Ltd.,9 to mean that the seller must have the intention to irrevocably attach the goods to the contract of sale, holding out that those goods and not others are the subject of the sale. When Ken Mortors selected six Ford Ka motors intending four to go to WAH, the goods going to WAH at that moment was sufficiently ascertained and earmarked because necessary documentation including the car’s identification would have to be prepared for delivery to WAH along with the specific cars. Therefore, title to the Ford Motors was passed to WAH at that

Employee Privacy Research Paper Example | Topics and Well Written Essays - 1500 words

Employee Privacy - Research Paper Example It is also reasonable from an employer’s perspective to keep track of their employees if there is lack in quality of work. This research paper focuses on the current issues related to off-duty conduct and its effects on the privacy of employees. Employers have the technological means to find out, what workers do in their own time. However, the right to monitor employees’ personal conduct is limited based on the employees’ rights under law and specific rules. Under the National Labor Relations Act (NLRA), an employer is not supposed to conduct any kind of surveillance on employees during any gatherings off-duty1. If employees discuss about their workspace and their job related issues in union activities, it should not be made public by employers. Instead employers should keep away from social activities of employees if it is out of their interest. According to law, if an employer sends a supervisor to overhear on group discussions or private meetings then he is violating the rules set up by the NLRA. Similarly, the guidelines set by NLRA also states that Drug Testing should only be performed if any suspicious activity is recorded during working hours. NLRA states that drug testing has the potential to reveal an employee’s use of drug outside the office so it has been subjected to private litigation. The employers may face challenges on this stand because there are many employees who do-not perform their work properly. There may be several reasons behind it, including consumption of drugs before working hours. The employees may not react or let employers know that they are biased by drugs and employers many have to accept the low quality performance of employees. The Drug Testing in most of the organizations is conducted before joining of an employee or during any suspicious cases. For Example, if an applicant failed to pass the drug test in

Synthesis of Soap Lab Report Example | Topics and Well Written Essays - 250 words

Synthesis of Soap - Lab Report Example Formation of soap as a solid precipitate was observed. With time the obtained product turned gelatinous which was separated from extra liquid using filtration on a Buchner funnel. The described operation afforded soap as a colorless gelatinous solid. Because the obtained soap is a potassium salt it is expected that it will be a viscous liquid. Knowing the exact composition of the used grease it could have been possible to determine the theoretical quantity of the product. But, it is expected to be around 16 g. Regarding IR spectrum of the studied compound signals in the regions 1000-1500 cm-1, 1500-2000 cm-1 corresponding to C-O and C=O vibrations respectively. The rest should be in the â€Å"fingerprint’ region. To conclude with, up until now saponification is the most widely used method of soup production. Industry takes advantage of the same reaction but conducts it in larger scale. Glycerol by-product found its applications in food industry, pharmaceuticals and