The Adventures of Huckleberry Finn Essay Example for Free

The Adventures of Huckleberry Finn Essay The Adventures of Huckleberry Finn has been labelled as a picaresque novel. A picaresque novel is an adventure story that involves an anti-hero or picaro who wanders around with no actual destination in mind. The picaresque novel has many key elements. It must contain an anti-hero who is usually described as an underling(subordinate) with no place in society, it is usually told in autobiographical form, and it is potentially endless, meaning that it has no tight plot, but could go on and on. The Adventures of Huckleberry Finn has moulded itself perfectly to all these essential elements of a picaresque novel. Huck Finn is undeniably the picaro, and the river is his method of travel, as well as the way in which he wanders around with no actual destination. This is due to the fact that the river is in control and not Huck. Furthermore, it is the picaresque style that has also aided in highlighting the escapades that Huck experiences through his travels as those crucial to the novel, but also crucial to such a character as Huckleberry Finn. Huck is the perfect example of a young boy with adventure on his mind, and thus the characterization of Huck as a picaro is done flawlessly. Additionally, as The Adventures of Huckleberry Finn contains all the vital aspects of a picaresque novel and picaro hero, it is these crucial traits that mark it as one of Mark Twains most successful novels, and one of the world’s most famous adventure stories. One of the most important aspects of the picaresque novel is the fact that it must contain a picaro, otherwise known as the anti-hero of the novel. Huck is obviously the picaro in The Adventures of Huckleberry Finn. A picaro is defined as, a low-born but clever individual who wanders into and out of various affairs of love, danger, and farcical intrigue. These involvements may take place at all social levels and typically present a humorous and wide-ranging satire of a given society (The Gale Group). Huck fits this definition perfectly. Huck isnt accepted by society and doesnt even want to be. He is most comfortable out on his own in the frontier. Furthermore, when the Widow Douglas takes him in and tries to provide him with a good life he doesnt want any part of it: â€Å"The Widow Douglas she took me for her son and allowed she would sivilize me; but it was rough living in the house all the time, considering how dismal regular and decent the widow was in all her ways, and so when I couldnt stand it no longer I lit out. I got into my old rags and my sugar-hogshead again, and was free and satisfied. † (194) Huck finds civilized life intolerable, but instead prefers to live the life of a free spirit, but he isnt able to do that when the Widow is trying to civilize him. The Widow wants to refine Hucks lifestyle to match hers, but Huck cant stand that type of life and resists it. Huck wants to keep his independence, and he believes that the frontier is the only place where he can do that. Therefore, Hucks unaccepted presence in society, and his unwillingness to fit in is one that proves his existence as a picaro in the picaresque novel. Another characteristic of the picaro is the fact that he is a wanderer, which means that he is the type of character who roams from place-to-place with no set destination in mind. Hucks wandering occurs within the form of his raft on the Mississippi river. The river is an important aspect of Hucks wandering because the river continuously changes course, and there is no way for Huck to direct the river and his raft. If Huck passes a place or location there is no way for him to turn the raft around, but instead he has to continue on down the river. An example of this is when Huck and Jim pass Cairo, which was the one specific destination they had in mind because its where Jim would have been free, It wouldnt do to take to the shore; we couldnt take the raft up the stream, of course. There warnt no way but to wait for dark and start back in the canoe and take the chances (314). In other words, the river basically has a life of its own, and therefore Huck and Jim have to abide by the river’s rules. Another important fact regarding the picaro as a wanderer is the notion that he will change as a result of his travels, the main character often grows intellectually and morally through his various encounters along the path of his journey (Bibliomania). Hucks character matures throughout the novel from that of a boy to one that can be seen as something closer to a man. Huck begins to have a conscience, which proves that he is beginning to mature because he begins to actually think about things, and care about them. Hucks maturation can be observed in the scene where he chooses to tell Mary Jane the truth about the two men posing as her uncles, I got to tell the truth, and you want to brace up, Miss Mary, because its a bad kind and going to be hard to take, but there aint no help for it (420). Hucks maturation is evident here because he cant stand to see Mary Jane and her sisters cheated of the money they deserve, and so happy because their uncles are back when in reality theyre only frauds. Hucks conscience continues to bother him until he tells Mary Jane the truth, and therefore it is apparent that Huck is growing as a result of his travels because his conscience begins to affect him, forcing him to show that he is a good and kind-hearted person. A picaro is often defined as someone who isnt very honest, or straightforward, but instead is something more of a liar. More often than not a picaro has been brought up by a dishonest and unloving family, and therefore has no traditional values. Hucks father was a drunkard, and treated Huck as if he owned him, instead of as a son. Furthermore, Hucks father never acted like a father figure to Huck at all, but instead was cruel and unreliable. Moreover, because of his upbringing Huck had no one to teach him any values, and thus he created his own value system, which was the opposite of the social norm. For example, Huck lied his way through his travels and adventures. His first major lie and the beginning of his adventure was staging his own murder, which enabled him to escape his father. In addition, whenever Huck and Jim met other people along their way some kind of lie always popped out of his mouth. To illustrate this point is the scene where Huck comes along two men in a boat, and Huck wants to surrender Jim, but a fib comes out instead, I wish you would, says I, because its pap thats there, and maybe youd help me tow the raft ashore where the light is. Hes sick-and so is mam and Mary Ann' (310). Huck doesnt even have to think about how to lie because it just happens without any real thought involved. Huck constantly changes his name in his lies. Hence, it is so natural for Huck to lie that it becomes difficult for him to keep track of the names he calls himself within his lies. His lies extend to the point of posing as a young girl to an old woman, but he mixes his names up and is caught in the lie: â€Å"Well, try to remember it, George. Dont forget and tell me its Elexander before you go, and then get out by saying its George Elexander when I catch you. And dont go about women in that old calico. You do a girl tolerable poor but you might fool men, maybe. † (262) Fortunately for Huck, the old woman is a kind-hearted one and lets him go on his way without any real questions. However, one of Hucks major lies occurs during his time with the Duke and the King. They pull a stunt where they charge people to watch them do a revival of a play, despite the fact that they barely know the play or are by no means actors. Consequently, they barely escape from the town on the third night with the money that they had  cheated the townspeople of. Thus, there were many instances where Huck lied and cheated his way through his various encounters and experiences, which ties him in perfectly with the typical picaro stereo-type. A picaresque novel is generally told in autobiographical form. Huck is the narrator within The Adventures of Huckleberry Finn, and thus is speaking from the first person point-of-view. This is largely associated with the fact that although Huck tells terrible lies and does some terrible things, it is impossible for the readers not to like Huck. Huck tells the story from his own point-of-view, which enables the readers to see things through Hucks eyes. Huck will explain why hes doing something, and because the readers get Hucks explanation and thoughts on it, it is easy to understand and accept it. Hence, it is easy for the readers to side with Huck. Furthermore, because Hucks thoughts are known the readers are able to see and accept that more often than not Huck actually has a good reason for the things he does. One important notion is the fact that Huck does have a good heart, and this is because Hucks adventure is largely due to keeping Jim safe and free. The readers are able to see Hucks thoughts on Jim and how he really does care about him and his freedom, and this makes Huck a good person with a large heart, despite the way hes acted at certain times. In addition to Huck being the narrator is the fact that the story is not only told through Hucks eyes, but also through his own language. Its obvious that Huck isnt the most educated person, but because the novel is told through Hucks own language it makes the novel all the more realistic to the readers. It is easier to see the story through Huck when the slang he uses is also incorporated into the novel. The fact that Hucks slang became a part of the story as well only served to further root Huck as a believable and more realistic character. Furthermore, Hucks accent became a part of the dialogue in order to define him as a unique character within the novel, one on which the novel was centred on. Hucks accent marks him as a true adventurer, and as someone who truly does prefer the frontier to civilization. For example, if Twain had invented Huck without an accent then his believability as an adventurer wouldnt have seemed quite so real. If Huck had traveled down the river void of his accent or slang then he would not have seemed the true loner and adventurer that Twain made him out to be, which is because he would have spoken in the same educated manner that any well-brought up boy would have. Thus, Hucks slang is as much a part of his lifestyle as it is him. Consequently, it is these combined facts of Hucks first-person narration, the readers ability to see everything hes thinking, and the slang that is incorporated into his dialogue that truly marks Huckleberry Finn as a adventurer, but more importantly as an autobiographical character in a picaresque novel. A story that has been defined as picaresque, such as The Adventures ofHuckleberry Finn can also be said to be potentially endless. A picaresque is often described as an adventure story, and thus if a novel is an adventure story then there really is no reason for the adventures to end. A picaresque is said to be potentially endless because it has no tight plot that has to end at a given time. Instead, the plot can change and continue on into infinity. Another literary term for a picaresque being potentially endless is called beads-on-a-string. It is like a yarn, and there is no exact moment when the story starts to wind down and close, but instead there is always an opportunity to keep the story going. The Adventures of Huckleberry Finn is the perfect example of this. The entire story is centred on Huck and Jims adventures down the river. Huck is running away from his father, and Jim is running away from the possibility of being sold down the river because hes black, and therefore a slave. Huck and Jims adventures do eventually come to an end, but only because Mark Twain decides to end it, not because it has to end. There is no tight plot structure, such as a need for a climax and falling action because these could easily be taken out allowing Huck to continue telling his story, and the reader would never be any the wiser. Furthermore, there is no exact spot in the story where the reader thinks that the story should begin to wind down, and this is because it is a young boys adventure story. Hucks characterization only works because of the age his character represents. Huck represents eternal boyhood, and thus his adventures can also be seen as eternal. Therefore, The Adventures of Huckleberry Finn is a story that can be potentially endless due to the fact that it is a young boy telling the story who experiences a life of adventures, and there is no reason why those adventures should have to end at any specific time. A picaresque story often involves a picaro that has some kind of sidekick along with him. In the case of Huckleberry Finn, Jim is his sidekick. The sidekick is someone who is a part of the adventure, but isnt seen as the main character, and thus more often than not the readers dont know the sidekicks views or thoughts, or what is known is very limited. Jim is Hucks sidekick, and although Hucks own adventure actually began because he was running away from his father, Jim is the reason that the adventure took the path it did. Jim didnt want to be sold to a slave buyer so instead of taking the chance of being sold he ran away, which is how he came to be Hucks sidekick. They both ran away from different things, and accidentally, but fortunately found each other, Pretty soon he gapped and stretched himself and hove off the blanket-and it was Miss Watsons Jim! I bet I was glad to see him (239). Huck wanted to keep Jim safe and so they decided to go to Cairo where Jim would be free from slavery, en I hear ole missus tell de widder she gwyne to sell me down to Orleans, but she didn want to, but she could git eight hundd dollars for me, en it uz sick a big stack o money she couldn resis' (242). Jim became Hucks sidekick early on in the adventure, and thus the real adventure only began once Jim had become a part of it. However, although it is Hucks adventure, and Jim is Hucks sidekick, the actual adventure itself is about keeping Jim safe and free. Furthermore, both Huck and Jim are running away because they want freedom. Huck wants to be free from his father, and Jim wants to be free from slavery, but by the end of the novel the irony is that Hucks father is dead, and the Widow has set Jim free within her will. Thus, it is Jim that further proves the sidekick mentality within a picaresque novel, and within The Adventures of Huckleberry Finn. The Adventures of Huckleberry Finn contains all the elements that any picaresque novel should. Huck Finn is the picaro and alongside him is his sidekick Jim. The adventures that these two encounter along their journey is pure proof of what elements a picaresque novel should include, from lying and cheating to wanderers along a river, to the changes that occur as a result of these adventures. Huck has all the characteristics that a typical picaro or anti-hero should have. Hes dishonest, prefers the frontier to civilization, and hes the narrator of the novel making it in autobiographical form. Therefore, all the aspects within TheAdventures of Huckleberry Finn cement it together to further root it as a picaresque novel with a unique and yet solid picaro as the main character.

George Eliots Adam Bede: Christian Ethics Without God Essay example --

George Eliot's Adam Bede: Christian Ethics Without God The greatest recent event -- that "God is dead," that the belief in the Christian God has ceased to be believable -- is... cast[ing] its shadows over Europe. For the few, at lease, whose eyes....are strong and sensitive enough for this spectacle... What must collapse now that this belief has been undermined... [is] our whole European morality. --Nietzsche, from The Gay Science: Book V (1887) Dr. Richard Niebuhr writes, in his introduction to Eliot's translation of Feuerbach's The Essence of Christianity, that Eliot "sought to retain the ethos of Christianity without its faith, its humanism without its theism." In her first full novel, Adam Bede, Eliot succeeds at doing this. By replacing God's all-seeing eye with a plethora of human eyes, Eliot depicts characters in the close-knit community of Hayslope who don't need God to be good Christians, who can hold their standards without their faith. Eliot begins with the simplistically Christian notion that God can see everything. Adam, our title hero, sings a tune in chapter one that refers to "God's all-seeing eye," (Eliot 24). Meanwhile, Bessy, a local Hayslope country girl, feels that "Jesus [is] close by looking at her, though she cannot see him" (Eliot 40). According to this model, a person must act morally otherwise God will know through sight and he will punish her. But, Eliot abandons these sorts of references to an all-seeing God by chapter four in favor of a structure that does not require God's eye. On the most basic level, Eliot is continually describing the physical eyes of her characters, and reminding us of their presence, although she gives up talking about God's eye. Adam's eyes, for instance,... ...f course, this analysis leaves me with a glaring question. Why does Eliot hold onto the morality defined by Christianity after surrendering its God? Why doesn't she re-evaluate that structure as well, rather than holding onto it by transferring authority? Why bother dismissing God if the visible fabric remains static? Perhaps she's being pragmatic -- perhaps she fears anarchy in the wake of a passing God. Bibliography Dickens, Charles. "Letter to George Eliot on 10 July 1859," in Ed. David Carroll, The Critical Heritage. London: Routledge and Kegan Paul, (1971). Eliot, George. Adam Bede. England: Cox and Wyman, 1994. Ferris, Ina, "Realism and the Discord of Ending: The Example of Thackeray," Nineteenth Century Fiction, 38/3 (1983), 289-303. Goode, John. "Adam Bede: A Critical Essay," in Ed. Barbara Hardy, Critical Essays on George Eliot, (1970).

Development Through the Life Stages Essay

Vocational Context Task 1 & 2. (P2 & P3) Imagine you have been writing about the life of you chosen celebrity for a magazine. The editor of the magazine has now asked you to describe the effect that five life factors have had on two life stages your chosen person has experienced. You will already have found out about some of the experiences your celebrity has had during two stages of their life. Your two stages are most likely to be chosen from childhood, adolescence or adulthood. You now have to imagine how the following factors may have influenced the individual: †¢ the person’s genetic background and early biological experiences †¢ the person’s general environment during these stages †¢ the social and economic circumstances of the individual’s family or carers †¢ the person’s lifestyle or the lifestyle of their family †¢ the impact of major life events. Task 3 (P4, P5, M2, M3, D2) In your role as a reporter for a magazine, you now need to write about the life of your chosen celebrity as they grow older. You must imagine some of the physical and psychological changes that could affect the person in the future. You will also need to explain two theories of ageing such as disengagement and activity theory. The Brief Task 1 (P2) – Written report ( use scenario given) Explain the potential effects of five different life factors, on the development of an individual. Life factors: genetic, eg predisposition to particular conditions, cystic fibrosis, coeliac disease, asthma, brittle bone disease, rheumatic disease; biological, eg foetal alcohol syndrome, maternal infections, effects of diet in pregnancy; environmental, eg exposure to pollution, damp/overcrowded housing, access to recreational facilities, access to health and social care services, bullying, family dysfunction, effects of culture, religion and beliefs, effects of discrimination; socioeconomic, eg income, expenditure, education, values and attitudes, peer groups, employment status; lifestyle, eg nutrition and dietary choices, alcohol intake, use and misuse of substances Task 2 (P3) – Written report Explain the influences of two predictable and two unpredictable major life events on the development of an individual. Major life events: differences in effect of predictable and unpredictable events; eg the birth of a sibling, leaving home, leaving care, leaving prison, serious injury, illness, starting school/nursery, beginning and changing employment, redundancy, bereavement, marriage, parenthood, divorce; the interrelationship between factors Task 3 (P4, P5, M2, M3, D2) (use scenario given in vocational context) Explain two theories of ageing (use scenario given in vocational context) (P4) Discuss two major theories of ageing in relation to the development of the individual (M2) Evaluate the influence of two major theories of ageing on health and social care provision.(D2) Explain the physical and psychological changes which may be associated with ageing.(P5) Discuss the effects on self-esteem and self- confidence of the physical changes associated with ageing. (M3) Physical changes: hormones; menopause; cardiovascular system, eg atherosclerosis, coronary heart disease; respiratory system, eg emphysema, chronic obstructive pulmonary disease; nervous system, eg motor neurone disease, degeneration of the sense organs, degeneration of the nervous tissue, cognitive changes; muscular-skeletal, eg rheumatoid arthritis, osteoarthritis, effects of degenerative disease, muscle wasting due to poor absorption of nutrients; skin, eg loss of elasticity, effects of exposure to ultra violet rays, effects of smoking; the effects of illnesses that are more common in ageing Psychological changes: effects on confidence; effects on self-esteem; effects of ageism; effects of, eg role changes, loss of a partner, retirement, increased leisure time, financial concerns, culture, religion, beliefs; theories of ageing, eg social disengagement, activity theory; application to current health and social care provision Grading Criteria. Evidence What you have to do P2 Explain the potential effects of five different life factors on the development of an individual Written report Written report Written report You are unlikely to have any genetic or biological information about your celebrity. Even the person you are writing about is unlikely to know much about their own biological background. However you can collect information on general issues associated with genetics and biological influences. For example you could discuss the fact that genetic influences interact with the environment to create people with different body shapes, sizes and personalities. Your research may have given you some information on the person’s past environment, their socioeconomic background, lifestyle and perhaps some of the major life events that happened to them. You can use this information to help assemble a fact file that will explain how these different life factors could have influenced the development of this individual. You may be able to explain how predictable and unpredictable events have influenced this person using the persons own story. If not, then you should try to imagine how events such as starting school or work, and setbacks such as illness or career difficulties, may have influenced the celebrity you are writing about. To achieve P4 you could choose to explain disengagement and activity theory or you could research alternative theories such as continuity theory. P3  Explain the influences of two predictable and two unpredictable major life events on the development of an individual P4 Explain two theories of ageing M2 Discuss two major theories of ageing in relation to the development of the individual Written report To achieve M2 you need to discuss the degree to which your celebrity might disengage or stay actively involved with social activities as they become older. You might like to consider the role of continuity (how important it will be for your celebrity to keep their interests) when you discuss disengagement and activity theory. Evaluate the influence of two major theories of ageing on health and social care provision. Written report To achieve D2 you should evaluate how theories of ageing influence health and social care provision. If your celebrity was being supported at home or in care would they be supported to maintain continuity with their past? Would they be expected to withdraw, or would they be encouraged to remain active in order to prevent excessive disengagement P5 Explain the physical and psychological changes which may be associated with ageing. Written report To achieve P5 it will be important to use creative thinking and consider different possibilities. Some older people may no longer want to appear in public or be photographed. Other people will continue to develop their celebrity status. Some people are celebrities because they have overcome serious difficulties in their lives. These people might cope effectively with the challenges of later life. You can discuss the different possibilities that the future may hold within your fact file M3 Discuss the effects on self-esteem and self- confidence of the physical changes associated with ageing. Written report To achieve M3 you will need to discuss how these changes could affect your celebrity’s self esteem and self confidence

The Globalization of Anime Essay - 3133 Words

Anime is an art form as it expresses cultural phenomena about Japan and its people. Like most other countries, cartoon has existed in Japan throughout the 20th century and onward, which began with traditional drawings and comics that dealt with political, social, and historical themes. However, what separates anime from the rest is that the anime included a huge portion of Japanese culture within it. In every series that aired, they include special holidays like Natsu Matsuri—summer festival, tea ceremony, traditional clothing such as kimono, etc. One could, from watching anime, notice the characters’ behavior are different and food and customs are different from American or western cartoon. Strangely, these differences in the anime,†¦show more content†¦Since then, hundreds of new anime TV show air every year which prove that the anime industry in Japan has become even more successful than the other Japanese film industry. In fact, â€Å"anime accounted for 90% of all Japanese TV exports, according to the Internal Affairs and Communications Ministry† (Cooper-Chen, 85). In the United States alone, â€Å"anime and related businesses such as box-office revenue and licensing of character goods generated $4 billion annually† (Cooper-Chen, 85). Also, Hayao Miyazaki, a legendary anime feature film director, also made several financially successful and critically acclaimed films. According to Box Office Mojo, Spirited Away, one of Miyazakis film, made a record breaking on global gross sales of over 274 m illion U.S. dollars. However, every year people are buying less anime DVDs because of the illegal internet file sharing and fan-subs. One of the reasons that American anime fans choose to share their shows as free files through the internet is because anime is usually take long to translate in English. They could not wait to have access to the most recent material that is published. In addition, American television does not have enough anime that aired on cable unless it is â€Å"strictly for children.† For example, shows like Naruto, Pokà ©mon and Dragonball Z that have been incompetently dubbed and edited to meet the children cartoon rating standards in order to be broadcast on channels likeShow MoreRelatedThe Globalization of Animated Features and the Merging of Cultures1030 Words   |  5 Pagesforms as anime, Japan has been spreading its culture and philosophy all over the globe, and this can be described as globalization. Up until recently, there were around 60 anime production companies, such as Crunchyroll and Funimation, and these companies â€Å"provided products in 112 countries† that held approximately â€Å"87 percent of the world’s population† (Anonymous). 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Essay Self Assessment Assignment - 2465 Words

Winter Survival Excersize Bianka Solovan David Chalmers MHR 405 Sec. 091 12 November 2014 Throughout the group article exercise really did showcase whos personalities were strong and whos personalities were not. Having a strong personality means that you are willing to listen to other peoples opinions but will debate on it by logical thinking of how you came across your answer rather than people with not so strong personalities meaning they agree with the group decisions. Through my personality, it will really show how I came across my conclusions, how the group came across their conclusions and how the group is influenced by the decisions made through the online assessments. Throughout each of the personality†¦show more content†¦In this category I scored a 7/9 (high), which means I am able to organize important information in to categories that allow me to shift out all the information given to me put the most important ideas first. Showing Interest is described non verbal gestures or little to no verbal confirmations that you are paying attent ion to the speaker. In this dimension I scored a 2/9 (low) which means that I have a strong tendency to look away for not give any form of communication that I am paying attention or interest in what the speaker is saying. Finally, using the Team Roles Preference Scale goes through four dimensions (encourager, gatekeeper, harmonizer, initiator). An encourager has the tendency to support the ideas of the team members. In this dimension, I scored a 12/15 (Strong preference) which means I do like to acknowledge the fact that the teams ideas are good and on the right track. A gatekeeper is described as someone who encourages all its group members to share their ideas in group discussions. I scored a 10/15 (moderate preference) in this dimension which means that I do like to encourage people to participate their thoughts and ideas in to group discussions. A harmonizer is described as someone who reduces group tension and resolves group conflicts. I scored a 9/15 ( moderate preference) in this dimension which means I do resolve group conflicts but I also try to prevent them from occurring. Reading through the test I was shocked to see theShow MoreRelatedAssignment : Three Self Assessments1185 Words   |  5 PagesAssignment 2: Three Self-Assessments Shirley A. Allen L7900 Conflict Management Dr. Michael Dillon Argosy University May 20, 2015 Students are required to perform a self-assessment or an assessment relating to another person. These assessments will evaluate values clarification and conflict resolution, the big five assessment, and conflict management styles. 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Reasons for World War I - 802 Words

World War 1 Essay rewrite There has been many wars since the dawn of man however very few of these wars are as horrific and bloodcurdling as the war in which we call World War 1. The event that started this war was the assassination of Franz-Ferdinand, who was killed by a group called the Black Hand, who was supported by Serbia. This caused countries to take sides and alliance’s to form. Before this war people saw honor in fighting, however the soldiers who returned had a different story to tell. The three core things that played a major part in this war would have to be militarism and the countries that were forced to choose sides and form alliances, imperialism. Militarism played a significant part of the war especially in the German empire as well as a few other countries. For example the German empire taught there kids combat strategies and officer training from the time when they could read and write. The year before the year of the war began the German empire and France nearly doubled their armies in size knowing that tensions were growing high and war was soon to follow. Germany’s advanced in industrialization made them a really tough opponent, especially for the less developed countries such as Russia. The German empire also had the most railroads in their country enabling them to easily transport weapons, materials, and people across their country with ease. During the war the German empire, probably had the toughest fight, having to take on Russia, France,Show MoreRelatedReasons For The World War I1643 Words   |  7 PagesElva Lin Mr. M MWH MW1 17/3/30 Reasons for Germany started WWII In 1919, Treaty of Versailles was made after the World War I. Germany and Austria-Hungary was blamed for the Great War and was imposed financial debts and territorial dismemberment on them. 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Theory of Contract Law Legal Position

Question: Discuss about the Theory of Contract Law for Legal Position. Answer: Introduction: The issue is related with the formation of a valid contract without the presence of consideration. Jane had made a promise according to which she agreed to give her sports car to Jack. But in return, Jack has not promised to provide any consideration. Therefore, the question arises if this promise can be imposed by Jack against Jane. For this purpose, the legal position related with the requirement of supplying consideration for the purpose of supporting the promise made under the agreement needs to be considered. In context of contract law, consideration is the exchange of a particular thing that has certain value, between the parties (Thomas v Thomas, 1842). In case of a valid contract, there are elements that are considered as being necessary for the formation of a contract that is enforceable by the law. These elements include consideration. Therefore if consideration is not present in an agreement, the agreement is not enforceable under the law. In this regard, it is required th at the consideration should be legally sufficient (Carter and Harland, 2002). Such consideration can be supplied in the form of money or it can also be present as a promise to do or not to do a particular thing. At the same time, it has also been provided by the law contract that past consideration is not treated as a valid consideration (Re McArdle, 1951). Therefore in this case, although Jane had made a promise to give her sports car to Jack but in return, Jack had not provided any consideration to support this promise. Therefore, an enforceable contract is not created between Jack and Jane. In this case also, it has to be considered if Jack and Jane had created a valid agreement that can be enforced under the law. Jane had made an offer to sell her sports car to Jack for a price of $25,000. This offer has been accepted by Jack and he agreed to purchase the car at this price. Therefore the issue is if an enforceable contract has been created or not. In order to decide this issue, it has to be seen if the elements that are required for the formation of a valid contract are present in this case. A contract is not only an agreement between the parties but for the purpose of becoming legally enforceable it is required that the necessary elements should be present in the agreement (Atiyah, 1990). Therefore, there should be an offer, it should be accepted by the other party and lawful consideration should also be present (White v Bluett, 1853). Apart from it, intention should be present among the parties to enter into a legal relationship and similarly, the party should also h ave the capacity to do so. In the present case, an offer has been made by Jane and the same has been accepted by Jack. As in this case, the necessary elements essential for creating a valid contract are present, a legally enforceable agreement has been created. In this question, Jane had made an offer to Jack according to which she is ready to sell her sports car for $2500. The market value of such a car is nearly $25,000. Consequently, it has to be decided if Jack can accept this offer, resulting in the formation of a legally enforceable agreement between them. This issue arises due to the fact that the parties have decided very low consideration for the car in comparison with the market value of the car. According to the general rule of the contract law related with these facts, the law provides freedom of contract with the parties. The result is that generally the courts are not concerned with the issue if adequate consideration has been provided under the agreement (Chen-Wishart, 2008). It is up to the parties to decide what ever consideration they feel appropriate in return of the promis that they have received. The law only requires that the translation should be real and illusionary consideration is not sufficient. For this purpose, consideration needs to have some value under the law. In this way, it is not necessary that adequate consideration should be provided although, sometimes the courts may use the inadequacy of the consideration for deciding if the contract has been formed on the basis of force, fraud or duress (Benson, (ed) 2001). Therefore, it is up to the parties to decide any consideration in return of the promise received by them unless they consideration is real a nd valid. An example can be given of the case titled Chappell v Nestle (1960) where the court stated that the empty wrappers of chocolate bar can also act as good consideration. In this case, the House of Lords confirmed the traditional doctrine of the law of contract which provided that it is not necessary that the consideration should be adequate and it only needs to be sufficient (Re Wragg Ltd., 1897). The brief facts of this case are that Chappell Co had the copyright over the song 'Rockin shoes'. Nestle company had offered its customers, the records of this song if the people sent three wrappers of the milk chocolates of the company along with 1s and 6d. In this context, Copyright Act, 1956 provides that a royalty of 6.25% needs to be paid on the basis of the ordinary selling price of the product. In this context, Nestl claimed that the ordinary price of a record amounted to 1s 6d. But Chappell Co argued that the price of the record should be more. Under these circumstances, it has to be decided if the empty wrappers can also be treated as the partial consideration. The decision of the House of Lords was that even if the chocolate wrappers did not hav e an economic value, and the company was ultimately going to throw them away, however they have to be considered as a part of consideration. In this case, the consideration decided by the parties was $2500 even if the value of the car was around $25,000. However, it has been clearly mentioned in the contract law that even if inadequate consideration has been supplied, he does not have any effect on the validity of the contract. Therefore in this case also, the contract created between Jane and Jack is legally enforceable. The facts that have been provided in this question deal with the enforceability of the promise that was made by North Ocean Tankers to give extra US $3 million to the shipbuilder for the completion of the work on time. As the US government had devalued the US currency by 10 percent, the shipbuilder is going to suffer a loss under the original contract created with the buyer, North Ocean Tankers. Therefore, the shipbuilder had told the buyer that they will stop the construction of the ship or the buyer should give them additional $3 million. As the buyer, North Ocean Tankers already had a charter for the ship, they wanted that the tanker should be delivered on time otherwise they may have to face a loss. These were the circumstances under which the buyer agreed to pay the additional amount to the shipbuilder. Now the issue that has to be decided is if this additional amount can be recovered by the buyer from the shipbuilder. The facts of this case can be compared with the facts of Wil liams v Roffey Bros and Nicholls Contractors) Ltd (1990). In this case, the defendant had entered into a contract with Williams for performing the carpentry work in some flats. The defendant had entered into a contract with a third-party for the renovation of these flats. According to the contract with a third-party, it has been mentioned that if the work was not completed on time, the defendant will have to pay a penalty. On the other hand, Williams started to face financial problems after doing some work. Both the parties agreed that the price was too low for completing the carpentry work. Under these circumstances, the defendant agreed that extra money will be paid to Williams for each flat that was completed on time. But later on, the defendant refused to make this additional payment. The decision of the court was that the promise that has been made by the defendants to pay extra amount for the completion of the carpentry work on time can be enforced under the law. As a result, the plaintiff was allowed to recover the additional amount promised by the defendant. The court stated that the consideration for this promise has been supplied by the fact that as a result of the completion of the work on time, the defendant is going to avoid a penalty under the contract that it has with the third-party. In view of this decision, the legal position related with this issue is that when a party has made a promise to provide additional benefit under the contract, and the other party had made a promise that they will complete the work on time and as a result of the completion of the work on time, the party is going to achieve an advantage, and the promise made by the party of paying the extra amount was not the result of fraud or economic duress, the benefit that the party is going to achieve as a result of the completion of the work on time can be described as a good consideration to support the promise of paying additional amount (Burrows, Jeremy and Stephen, 2002). The promise made by North Ocean Tankers to pay the shipbuilder, extra $3 million if the work was completed on time, was legally enforceable. The consideration for this promise has been provided by the fact that the buyer is going to avoid a loss under the contract it has created with a third-party. Consequently, the buyer cannot recover this amount from the shipbuilder. References Atiyah, P.S. 1990, Essays on Contract (Oxford University Press, New York Benson, Peter (ed) 2001, The Theory of Contract Law: New Essays (Cambridge University Press, Cambridge Burrows, J.F., Jeremy F and Stephen T., 2002, The Law of Contract in New Zealand (2nd ed, LexisNexis NZ, Wellington Carter, JW and DJ Harland, 2002, Contract Law in Australia, 4th Edition, (Butterworths, Australia Chen-Wishart, M., 2008, Contract Law, 2nd Edition, Oxford University Press Chappell v Nestle [1960] AC 87 Re McArdle (1951) Ch 669 Re Wragg Ltd [1897] 1 Ch 796 Thomas v Thomas) (1842) 2 QB 85 White v Bluett (1853) 2 WR 75 Williams v Roffey Bros and Nicholls Contractors) Ltd (1990) 1 All ER 512.