Fairchild v Glenhaven Funeral Services Ltd Essay

Fairchild v Glenhaven Funeral Services Ltd - Essay Example The purchase and installation were conducted and within a few days of ordinary usage and subsequent airing, the flue overheated and ignited some nearby towels starting a fire. Expert evidence (see the annexed report by Robert Brown) that the flue failed to comply with British Standard specifications, and that the defendant was negligent in fitting the flue in the claimant’s cupboard thereby exposing the flue to the accumulation of dangerous temperatures. The defendants basically admit these failures only remarking that they had discharged their responsibility to the plaintiff by warning of the danger of using the flue in close proximity to articles of clothing. By virtue of Rule 24 of the Civil Procedure Code 1998 the claimant’s application for summary judgment is required to show that the defendant’s answer to the claim contains a) no real prospect of success; and b) there is no other substantial or compelling reason why the case should be disposed of in a trial.1 By virtue of Practice Direction 24, summary judgment can be obtained in one of the following three situations:- It is important to note that the court will make its determination based on ‘the evidence which can reasonably be expected to be available at trial or the lack of it’.3 Since the defendant purports to be relying only on the strength of the contract itself in evidence, it will have no evidence capable of contradicting the claimants charge that the flue and its subsequent was negligent. The basis of this claim is founded on the principles enshrined in the tort of negligence rather than any contractual terms and is tantamount to no defense at all.

Health Risks of being Obese and Dangers of Anorexia, Bulimia, and Research Paper

Health Risks of being Obese and Dangers of Anorexia, Bulimia, and Gastric By-Pass - Research Paper Example Adults as well as children have been observed to frequently suffer from obesity in modern day context. Obesity is one of the major origins of preventable death. There are various health risks which are attached with obesity or overweight. The health risks associated with obesity are Type 2 diabetes, heart disease, cancer, metabolic syndrome, gallbladder disease, pregnancy complications, liver disease as well as sleep apnea among others. Obesity is considered as a psychological as well as a physical problem. Moreover, psychological problems relating to depression, eating disorder and anxiety are among the factors which are responsible for disrupting healthy diet. Body mass index (BMI) is a technique utilized with the intention of determining health risks of a person associated with an individual weight. BMI is normally a proportion of weight to height (NIDDK, 2007). Obesity is determined to be a major problem related to health for both children and adult. It is one of the main public health related problems. Moreover, obesity is considered to be a complex problem. In this regard, there are many factors including nutrition, genetic, energy consumption as well as environment factors which are responsible for contributing to obesity etiology. Overweight children possess many chronic conditions which may lead to obesity in their adult life. Obesity raises the risk of non-insulin dependent diabetes in adults as well as in children. Moreover, obesity in childhood can also lead to high blood pleasure related medical condition in adulthood. Hypertension is related to obesity which may cause cerebral hemorrhage and heart disease (Raman, 2002). Eating disorder is a major reason for obesity. Food is considered as a coping material for individuals suffering from weight gain problem. In this concern, individuals possessing these problems tend to intake food in order to cope up with anxious or stressed situations as well as circumstances. Intake of high

Baroque Opera Development and Cultural Values Essay Example for Free

Baroque Opera Development and Cultural Values Essay â€Å"Derived from the Portuguese barroco, or â€Å"oddly shaped pearl,† the term â€Å"baroque† has been widely used since the nineteenth century to describe the period in Western European art music from about 1600 to 1750† http://www. baroque. org. Following the Renaissance, the baroque period was known for its expressivity of boldness, extravagance, overall balance, and use of heavy use of ornamentation. These features can be seen in everything from the clothing styles, to the architecture, and in particular the arts. The baroque period is generally divided into 2 timeframes, the early baroque period (1600-1680) and the late baroque period (1680-1750). In terms of music, the early baroque period notes a new interest in the use of monody. Monody is the use of one voice or instrument, typically accompanied by basso continuo. The Renaissance period is known for its use of polyphony. In the late baroque period, concerto grosso became the more popular style written. Concerto grosso shows two groups of instruments or voices in contrast to each other singing or playing lines back and forth, thus introducing the first melody and harmony performances. The key instrumental form of the late Baroque period was the concerto grosso, which reflected the contrast between two groups of instruments. The two groups either alternated with one another or play together. A majority of the baroque music composed was for the church, royalty, and the social elite. This may have clouded the composer’s true vision for their music, as their works were dictated by the payer’s taste. â€Å"The greatest legacy by the late Baroque period was the creation of operas and oratorios, considered greatest and most magnificent is Handels Messiah, and J. S. Bachs St Matthew Passion† http://www. usicedmagic. com. An opera is a story that is performed by singing. The plot is expressed by speech-like songs called recitatives and arias which are more indicative of the mood or feeling at that particular moment in the performance. â€Å"The first surviving opera was Jacopo Peri’s Dafne, based on a libretto by Ottavio Rinuccini and performe d in Florence in 1598; the earliest opera still performed today is Claudio Monteverdi’s Orfeo (1607). The subjects of the first operas are all taken from Greek myth, reflecting the genre’s close alliances with attempts to recreate the music and drama of ancient cultures, nd were performed solely in aristocratic circles for invited guests† http://www. baroque. org. In the 1630s the first opera houses were opened in Venice, Italy. The audience dictated what the performers would sing and how it was performed. The crowds typically liked the arias, so that is what was primarily performed during that time. This led to a decline in dances and choruses in Italian opera. By the early 1700s, two styles became prevalent, operas with a serious tone (da capo aria) and operas with a comedic tone (opera buffa). As the baroque period and its operas progressed, the styles became more dramatic. This led to the changes and popularity of the oratorios and the cantatas. Oratorios began as small religious-based operas and ended up being huge productions mixed with non-religious texts. The cantatas began as very small secular operas performed as duets, trios, and quartets. They were performed by amateurs and professionals. As time went on, they became incorporating orchestral accompaniments and primarily performed by professionals. â€Å"Essays in classical oratory by Quintillian and Cicero provided a model for Baroque actors, as did posture and gestures taken from both classical and contemporary paintings and sculpture. Rhetorical gesture was designed to accompany individual words of text, rather than to display the pervading emotions† http://www. operaatelier. com. Baroque operas were difficult to perform due to the density of the text to be performed. To effectively convey the emotion to the audience the performers had to vividly perform to evoke emotion from the audience while maintaining the structure of the baroque style. This proves a challenge even for today’s performers. The singing style was heavily ornamented and exaggerated by the use of vibratos, dynamic changes of volume, and many other techniques. Not only was the introduction of the opera a demarcation of the baroque, but the instrumental solos and orchestral pieces as well. Johann Sebastian Bach and George Frideric Handel were great composers of instrumental masterpieces. Handle’s music for the royal fireworks is a great example of the baroque style orchestra. The instruments are played with staccato (short â€Å"poppy† style with a hint of separation between notes), lots of variation of volume, trills, etc. These all are methods used by the musicians to ornament the song. There were also layers of different instruments at varying times, and a contraposto style expressed between the different sections of the orchestra. It’s almost as the different sections are talking back and forth to one another. Another great example of a baroque masterpiece is Bach’s Toccata Fugue in D minor. This was written for the pipe organ by Bach, but there is no surviving copy in Bach’s own handwriting. Several masters have rewritten the work and that is how it survives today. The piece begins with a few short notes followed by a single long note. The sounds are soon followed by the accompaniment of long deep bass tones. Throughout the song there are arguments and accompaniments between the harmony and melody of the deep rumbling bass and the high shrills produced by the pipe organ. At times the song is soft and beautiful, other times the song is strong and loud, displaying aggressive dissonance. This truly is a magnificent piece displaying all of the classic signs of the late baroque evoking emotion from all listeners. The song is still very popular and used in many ads and movies today. As listeners’ tastes grew and changed, so did the style of music. Audiences began to prefer a new melodic expression of clean musical architecture which is quite different from the heavily ornamented and opulent baroque style. This new preference ushered in the new classical style and the age of Hyden and Mozart. â€Å"Although the baroque period ended over 250 years ago, vestiges of the era can be heard everywhere. Some of the most influential and beloved compositions are regularly performed in concert halls, and a wealth of recordings make the baroque available on demand. Many of the musical genres still in use today, like the oratorio, concerto and opera, originated in the period. Twentieth century composers such as Ralph Vaughn Williams, Igor Stravinsky and Benjamin Britten paid homage to the baroque in their works. Its influence can even be heard outside the realm of art music: the free movement between solo and group in jazz is sometimes compared to baroque music, and snippets of Bach and Vivaldi frequently appear in the solos of heavy metal guitarists. And the spirit of the baroque—an unwavering belief in the power of music to touch people’s lives—changed music history forever† http://www. baroque. org.

Impact of Human Activities on Earth

Impact of Human Activities on Earth Some people believe that the Earth is being harmed (damaged) by human  activity. Others feel that human activity makes the Earth a better place to live. What is your opinion? Use specific reasons and examples to support your answer. â€Å"Earth gives enough to fulfil each mans necessities, not every mans covetousness.† We all realize that people in the ancient period needed to battle common environment keeping in mind the end goal which was to make livings. They needed to chase preys and assemble food for their survival, even chop down trees to construct their houses. Nonetheless, as innovation enhanced, numerous individuals are now familiar with human exercises have a very bad impact on our living earth and has raised an argument on the issue on the impacts caused by the human activities on the earth. Some people guarantee that human exercises harms our planet earth, at the same time as, other individuals say that human action makes the earth an improved place to live. As I would like to think, I consider that human exercises deteriorate our earth genuinely. In the accompanying sections, I will attempt to detail why I think Earth is continuously hurt by human action. Our living earth is constantly hurt by human action on the grounds that individuals abuse characteristic asset in the present time. As everyone knows, the population on our earth nowadays increases rapidly so that more people than before have to consume more food provision and daily commodities. To expand the above statement, regular assets will get less and less when populace keep developing. In all honesty talking, the measure of petroleum declines rapidly on the grounds that numerous individuals drive their autos which require gas. As per the master’s sign, individuals who live on the earth today can utilize gas for just thirty years and will sink into vigor emergency later on. Besides, our earth is constantly being hurt by human movement since human action additionally prompts various types of deadly contamination. As we know, to profit, numerous production lines and undertakings empty off harmful waste water into waterways moreover, air contamination has as of recently harmed natures domain of earth and us who additionally live on the earth. To detail the above contention, the fumes rage which is emit ted by numerous manufacturing plants and autos can demolish ozonosphere of the earth and reason nursery impact. That is to say, a surfeit of ultraviolet beams will blanket the surface of our living earth, not just will human have a tendency to have skin malignancy, yet numerous sorts of species living on the earth may experience annihilation. Thirdly, our living earth is, no doubt hurt by human movement since human action dependably devastates the biological equalization of the earth. Case in point, chasing whales to fulfill their insatiability. As everyone knows, each species has its prey. Hence, if human over chase a few creatures or over devour a few plants, numerous animal types which eat the above creatures or plants will be on the verge of elimination. Substantial movement, air contamination, long of timberland, boundless chase of creatures are the most genuine issues that our planet confront these days. Considering those issues is important to inquire as to whether human movement has been harm the earth. I imagine that human action unmistakably is blameworthy of the harm that our planet endures. Also I think this, situated in the boundless abuse of the regular assets, and the consistent longing of people to adjust the earth to their requirements. Before all else, Deeping in the thought that boundless misuse of the common assets is the greatest harsh of harm in the earth simply believe that consistently are since a long time ago hundred sections of land of timberland. Case in point the Amazonas woodlands is the most harm area and as a result many creatures have been douse. This is a weight motivation to feel that exercises are hurting our planet. Also, an alternate enormous issue that face our planet is the yearning of people to adjust the earth to their necessities, for instance building businesses, constructing huge urban areas that transform overwhelming activity, over populace and air contamination. Enough motivations to surmise that our exercises are the essential foes of our planet. As a matter of first importance, human exercises crush characteristic assets. With improvement of engineering and modernization of urban areas, many old green backwoods are bit by bit displaced by various processing plants and high rises. Furthermore, harmful gases dispensed with from manufacturing plants contaminate air and water assets close-by. It influences natural territory, as well as we ourselves are subjected to mechanical wastes. Deforestation prompts common calamities, for example, surge, disintegration, elevated amount ocean, torrent which have happened commonly as of late. It is a cautioning for people to stop their oblivious conducts. There are numerous proclamations supporting my concept. Furthermore, in spite of the fact that the United Nation speak to everybody for living in peace, wars are even now occurring in a few nations. Individuals need to live between life and demise. Youngsters, rather than set to class, are dependably hesitant to be stuck one day. Besides, wars influence the country that is in war as well as different nations. Case in point, worldwide investment have numerous changes after war between US and Iraq. It appears to be clear to me that the insatiable of people bring about wretchedness for that are numerous individuals and genuine outcomes for the planet. At last, as a conclusion and considering the plans expressed above, according to me, it is important to adjust our life style rather than changing the earth, and attempt to stay away from the boundless misuse of regular assets. Life appears to be more agreeable than before with progressed machines, we have less opportunities to approach the nature. The urban areas get greater and when we need to go outing, we need to drive a long separation to discover a characteristic spot. There is no doubt that we are destroying what nature provides us. The earth is constantly being hurt by human exercises. We need to gratitude and secure it, because there is no other place for the human beings to live except the earth. To entirety up, in understanding of the above contentions, I can concoct my decision that earth is, no doubt harmed by human movement. Numerous researchers and natural aggregations as of recently extra no exertion in proclaiming the essentialness of environment assurance. Also, the administrations of numerous nations additionally make laws to deny human action structure squandering regular assets, making different sorts of contamination and pulverizing biological system. Obviously, perhaps some person hold diverse perspective of this issue. All things considered, for the explanations that I have displayed above, I consider my point of view is the most legitimate.

The Importance of Helping Friends in Leo Lionnis, Frederick and Swimmy :: Frederick Swimmy Essays

The Importance of Helping Friends in Leo Lionni's, Frederick and Swimmy In many of Leo Lionni's children's books, one of his characters is always helping a fellow friend out. For example, in Frederick and Swimmy, there are characters that help others to survive. These characters possess human attributes and carry across important messages to the reader. Frederick shows that just because he is not working with the other mice does not mean that he is not helping out. He is just doing it in another way. While the others are working to gather food for the winter, Frederick just sits there and takes in other things such as the "sunrays for the cold dark winter days", and "colors for the winter is gray", and finally words "for the winter days are long and many, and we'll run out of things to say"(3). The other mice may not believe what Frederick is saying, however in the end when they are cold and the sky is gray, and they are at a loss for words, they turn to Frederick who in turn shares with them everything that he had been saving up. By Leo Lionni writing this, he was able to show that people can help out others in many ways. Although Frederick was not doing the same things as the other mice, in the end he helped his friends to survive the long, cold, dark winter. What Frederick achieves by gathering his supplies, Swimmy achieves by being smart. In Leo Lionni's book, Swimmy, the odd fish is the one who in the end helps the other fish from being eaten by the big "tuna fish" who is "swift, fierce, and very hungry" (75). Swimmy does not want to have to constantly worry about being eaten by the big fish, so he comes up with an idea to help all of the other little fish survive the large fish. He has them all join together to become one big fish and he is the eye. By Swimmy coming up with this idea, he is able to protect all of his friends. Without his help who knows what would have come of all the other little fish. Although not all of Leo Lionni's books portray how friends can help other friends survive in different ways, Frederick and Swimmy are great examples of this.

Harsh Perspectives of Youth in Garland’s The Beach :: Garland The Beach Essays

Harsh Perspectives of Youth in Garland’s The Beach  Ã‚  Ã‚   As his narrator, Garland offers us Richard, a less than balanced individual, in possession of a tenuous grip upon reality. He is arrogant and reckless, often believing himself to have nothing left to learn ("Fucking New Guy? ... New to what?" p87) and convinced of his own immortality ("Yea, though I walk through the valley of death I will fear no evil, for I am the evilest motherfucker in the valley" p87) The beach is supposed to represent the highest level of escape attainable, but can only be from the outset a disappointment, because it is already built up in his mind into something unobtainable; "It's silly really. I think I was expecting an . . . ideology or something. A purpose." p96 Richard being the narrative voice, one can logically infer that it is his perspective which is intended by Garland to be representative of the youth culture depicted. My first impression is that the very fact that Richard commits his story to text is indicative of a desperate need for recognition, and his style of narration suggests that its writing is not likely to be meant as a catharsis. As a character, he is shallow and self-glorifying beyond the point to which readers might sympathise with his reckless actions: p163 "Collecting ... experiences was my primary goal when I first started travelling. I went about it in the same way as a stamp-collector goes about collecting stamps ... Then I had to graduate to the more obscure stuff. Being in a riot was something I pursued with a truly obsessive zeal, along with being tear-gassed and hearing gunshots fired in anger." The cultural phenomenon of travelling, as distinct from tourism, is one reserved for domination almost exclusively by youth. In Richard's mind, as in others, it becomes the acquisition of experiences with only slight moral differentiation between them, merely a reinforcement in the mind of the collector of their own broadening life perspective; a form of validation which, whilst owing nothing to established mainstream cultural value systems, replaces these with a generation-created classification hierarchy which is just as strict. Established value systems provide the catalyst for tensions within the group, which emerge at the earliest stages immediately upon Richard's arrival: "There's only five people with Walkmans in the camp, and I've refused all of them batteries in the past.

Team Case Critique

Electronic Arts is an American based company it mainly markets and produces computer and video games. It’s widely recognized for developing brilliant sports games along with this it also produces a wide variety of different games for the consumers. Moreover it manufactures the games fulfilling the requirements of all the platforms that is it does not restrict its games for the usage of one platform only.It is a profitable and prosperous company, however in the present days it is suffering as there are some great concerns regarding its business. For this purpose the board would advice the CEO that the company should bring a change in its strategies in order to thrive in such a competitive and demanding environment the company should firstly look towards the creation of downloadable games of this will not only increase the sales of its games but also reduce the costs of physically making the game, the handling and inventory of the games.More to add Electronic Art should work on establishing an online platform where games are available for being downloaded, although this will cost the company some amount but the increase in revenue that will be generated by the sale of the games online will be completely worth the efforts. Additionally making small versions of the game will also be favorable for the company as converting the larger versions into mini versions does not require much additional resources.This way the games can easily be downloaded to wireless devices such as the mobile phones and I pods, which will be an added source of income for the company without incurring a great deal of added costs. There is a price ceiling that exists in the game market of $59. 99 the platform manufactures do not wish to increase the price beyond that, these console manufactures have great power to influence the prices. The only way Electronic Art can shatter this price limit is by producing innovative and distinguished games.By offering product differentiation only wil l the manufactures be able to set their own prices for their product instead of being under pressure by the console manufacturers. For this purpose the company should look to towards attracting fresh and young talent and merge them with the experienced teams that have made the name of the â€Å"popular games† a huge success in the market. The company’s statistics show that the top 100 games are responsible for 50 % of the sales for the company this means that the rest of the games for which money is spent on is simply wasted as it does not prove to be fruitful for the company.The company should adopt a strategy of producing limited games but doing a lot of research and development for the making of these games this as this will lead to a greater possibility that these games will be a winner in the market. This will provide opportunities for the company to cut down its costs and use its resources more competently. We also agree with valuing the employees and develop str ategies to retain the talented and experienced personnel of the organization. As a result we should provide the employees with enhanced monetary and non monetary benefits.Profit sharing with the employees is a great idea as that will make the employees feel a part of the company and encourage them to use resources more wisely. Try to coordinate employees to work cooperatively and come up with out of the box ideas and strategies. In our opinion the company should not discontinue usage of celebrity endorsement to promote the games but to limit it as far as possible in order to keep costs within a limit. Unnecessary and excessive celebrity endorsements should be avoided as this leads to increasing the burden of costs for the company.To resolve the issue of the high royalty fees charged by the console manufacturers EA should look forward with having negotiations with those companies. The companies should be told that Electronic Art is willing to pay for the royalty fees when a game is l ucrative in the market but in those cases where the games are not doing well in the market the console manufacturers should not take royalty fees from those games as the dealing for those games would be mainly to recover the costs and settle at breakeven.Special incentives such as supplementary royalty fees should be provided to the console manufacturers if the games are unbeaten and are doing a flourishing business. This incentive will help to motivate the console manufacturers to agree to Electronic Art’s offer. Starting off with small console manufacturer is a good idea as that enables to convince those manufacturers easily as they rely on Electronic Art’s games.They should motivate the console manufacturers that by following our company’s proposed recommendation regarding the royalty fees both of our companies will grow together this way. The future strategies have to be based on lowering costs but increasing revenue, but at the same time not compromising on the entertainment factor the games provide. The including of inbuilt advertisements within the game is a great source of revenue and also doesn’t distract the attention of the gamer.Advertisers are ready to market their products and services in such a manner as it is a fabulous way to subconsciously advertise a company’s product and services. Furthermore the suggestion of providing opportunities for the improvement the characters online with a small amount of fee is quite impressive. As many gamers will be willing to enhance the style and functionalities of their characters and with a small amount of fee numerous customers will be wanting to avail this facility which will lead to increased revenue for the company.After the company attains substantial success and generates enough funds it should focus its attention on developing multiplayer games, as these games require a great deal of capital to be developed. Hence firstly the company should expand by all those means that do not call for a significant amount of excess funding then move on to those projects that need a great deal of investments. Moreover the company should think of implementing other major projects which include virtual simulation when they have enough financing as these types of games also require ample of resources.Additionally in the long run the company could also work on coming up with its own platform, however this decision has to be taken quite carefully and vigilantly as there is a risk of losing out the customers if this strategy proves to be unsuccessful. At present the company’s strategy should be to capitalize on the sports section of the games in which the company is fine and move forward with the innovative and creative ideas that develop in the company that do not require a high level budget, later on it should move on to extensive projects when Electronic Arts has loads of funds to commence them.Summary Electronic Arts is a company that manufacture a wide v ariety of games for many console manufactures, online use and mobile phone devices. It specializes in the development of sports games . The company has its headquarters in America and it has been a giant in the game business and has come up with several of â€Å"super hit â€Å"games for the industry. It is recognized for a company that comes up with creative ideas and innovative games by altering the graphics, animation, programming, etc.The company is facing certain issues at present ant the only way to get back again is to develop certain strategies and act on them as soon as possible. Due to increased restrictions from the console manufacturers the company should also focus its attention to provide games online and on mobile phones as these steps will enhance the prosperity of the company. Additionally Electronic Arts should come up with original and new games, those games will be differentiated and then Electronic Arts will have the opportunity to charge more on those games.T his will help to diminish the price ceiling that exists in the market as Electronic Arts will be able to influence the price of the games. The company should try to negotiate with the other console manufacturers to remove the royalty charges incase the game does not do well in the market. Furthermore, the company should look for further ways to increase the revenue and cut down costs for the company.Inbuilt advertisements within the games and providing gamers the opportunity to upgrade the characteristics of the characters with a small amount of charge, these tactics will enable the company to generate added revenue. In the future when Electronic Arts has sufficient funds it should look towards emphasizing on multiplayer games and games with simulation effects. At present its strategy should be focused on increasing revenue while keeping costs within boundaries. Reference: 1) Website: www. ea. com Date accessed 1 July 2008