James Oglethorpe and the Georgia Colony

James Oglethorpe was one of the founders of the Georgia Colony. Born on December 22, 1696, he became well known as a soldier, politician, and social reformer.   Driven to the Soldier's Life Oglethorpe started his military career as a teenager when he joined in the fight against the Turks with the Holy Roman Empire. In 1717, he was aide-de-camp to Prince Eugene of Savoy and fought in the successful siege of Belgrade.   Years afterward when he helped found and colonize Georgia, he would serve as the general of its forces. In 1739, he was involved in the War of Jenkins Ear. He unsuccessfully attempted to take St. Augustine from the Spanish twice, though he was able to defeat a large counterattack by the Spanish. Back in England, Oglethorpe fought in the Jacobite rebellion in 1745 for which he was almost court-martialed due to his units lack of success. He tried to fight in the Seven Years War but was denied a commission by the British. Not to be left out, he took on a different name and fought with the Prussians in the war.   Long Political Career In 1722, Oglethorpe left his first military commission to join Parliament. He would serve in the House of Commons for the next 30 years. He was a fascinating social reformer, helping impressed sailors and investigating the terrible condition of debtors prisons. This last cause was especially important to him as a good friend died in such a prison.   He became a staunch opponent of slavery early in his career, a stance he would hold the rest of his life. Even though he was an elected member of parliament, he chose to accompany the first settlers to Georgia in 1732. While he traveled back some to England, he did not permanently return to England until 1743. It was only after the attempted court martial mentioned earlier that he lost his seat in Parliament in 1754.   Founding the Georgia Colony The idea for the founding of Georgia was to create a haven for Englands poor along with creating a buffer between the French and Spanish and the other English colonies. Thus in 1732, Georgia was founded. Oglethorpe was not only a member of its Board of Trustees but was also among its first settlers. He personally chose and founded Savannah as the first town. He took an unofficial role of the colonys governor and directed most decisions about the new colonys local administration and defense. The new settlers took to calling Oglethorpe Father. However, eventually, the colonists grew upset against his stern rule but also his stance against slavery which they felt put them at an economic disadvantage compared to the rest of the colonies. In addition, the costs associated with the new colony were questioned by the other trustees back in England.   By 1738, Oglethorpes duties were curtailed, and he was left with being the general of the combined Georgia and South Carolina forces. As previously discovered, he was deeply involved in the War of Jenkins Ear leading campaigns against the Spanish. When he failed to take St. Augustine, he went back to England never to return to the New World.   Elder Statesman and Champion of the Colonies Oglethorpe never wavered in his support for the rights of American colonists. He befriended many in England who also espoused their cause such as Samuel Johnson and Edmund Burke.  After the American Revolution when John Adams was sent to England as an ambassador, Oglethorpe met with him despite his advanced years. He died soon after this meeting at the age of 88.

Hatshepsut Free Essays

Hatshepsut Hatshepsut was one the greatest rulers of Ancient Egypt but her rise to power didn’t come without deceit and betrayal. As daughter of Thutmose I a great Ancient pharaoh and Ahmose his famous wife, Hatshepsut had a passion for power and the family blood to fulfil her dream. With Successful military campaigns, peaceful country and a thriving economy, Hatshepsut had all the components of a great Pharaoh but this did not come easy. We will write a custom essay sample on Hatshepsut or any similar topic only for you Order Now How did the first woman pharaoh rule for over 2 decades? What made her such a successful ruler and how did a woman come to power in a male driven society? Hatshepsut was a unique personality which gained her power amongst the Egyptian people. Born in the 18th dynasty to Thutmose I and Ahmose, Hatshepsut had power and authority in her blood to rule a great and influential nation. Hatshepsut acquired this authority from the rule of her father which left great expectations for her since birth. Hatshepsut was sister to Princess Neterukheb and her two brothers Wadjmose and Amennose who had both died at a young age leaving Hatshepsut as heir the Dynasty. This didn’t last long as she was married off to her half brother Thutmose II at a young adolescent age. As a child, Hatshepsut was taught how to read and write hieroglyphics by the royal scribe. Hatshepsut questioned her requirement to be educated as it hadn’t occurred to her that one day she may become pharaoh. Throughout Hatshepsut’s rise to power she obtained various titles to her name. Hatshepsut inherited the title â€Å"God’s wife of Amon† from Queen Tetisheri which was then passed down to Hatshepsut’s Daughter, Neferure. But it is clear that her greatest title she ever acquired was not only Queen of Egypt but King of Upper and Lower Egypt. Hatshepsut gained this position after the death of her Pharaoh husband Thutmose II whom which they shared the same father Thutmose I. Thutmose II only reined for about 3 years before an unknown illness took his life. This left his son to a minor wife Thutmose III the heir to the throne at a very young age. Thutmose III was too young to rein so Hatshepsut took the title or regent with the young soon to be pharaoh. She then crowned herself co-regent and finally declared herself pharaoh of Egypt. During her reign Hatshepsut had a number of people which helped her gain the power in which she held. Senenmut was a close associate of Queen Hatshepsut during and before her reign. Senenmut first entered the royal court under the reign of Thutmose II which led him to an influential associate when Hatshepsut announced herself as pharaoh. Senenmut had a close relationship with not only king Hatshepsut but also with her daughter Neferure. There were scandals of an affair between Hatshepsut and Senenmut which were recorded in graffiti by the workmen building the temple. Their close relationship resulted in Senenmut supervising the erection of Hatshepsut’s main monuments at Deir el-Bahri and Karnak. Although Senenmut played a significant role in the royal court, towards the end of Hatshepsut’s reign Senenmut disappears from view. There are many theories to explain the disappearance or death of Senenmut. These include that Senenmut decided to leave Hatshepsut and join with Thutmose III after the death of Hatshepsut’s daughter Neferure. Speculation remains high with Senenmut’s two tombs empty and unused by the royal associate. Imagery and monuments of Senenmut were attacked or desecrated soon after his disappearance leaving the question was it Hatshepsut or Thutmose III. Hatshepsut may have attempted to remove him from history as he was seeking to join Thutmose III, or did Thutmose III remove Senenmut with the expectation that Hatshepsut would soon fall. As Hatshepsut was one of peace and prosperity she had ample time to build and restore important monuments to the people. Hatshepsut repaired many temples and chapels including the Temple of the Lady Cusae and the Temple of Thoth. Many of her buildings were built for Amun-Re as he was her claimed father and Hatshepsut wanted to re-establish her connection with Amun-Re. But it is clear that her main achievements came from the new monuments at Deir el-Bahri and Karnak. The Mortuary Temple at Deir el-Bahri is one of Hatshepsut’s most recognised building projects. With its main dedication to the God Amun it also has parts dedicated to the God Anubis and Goddess Hathor. Located west of the great capital Thebes and designed and supervised by the royal associate Senenmut, Hatshepsut had created a master piece. Hatshepsut was particular about where the building was going to be placed but after numerous strategic calculations, Hatshepsut decided on Deir el-Bahri. It was positioned on the axis of the great temple at Karnak and in the sacred valley to the principal feminine goddess whom was connected with the funeral world. The most astonishing feature is that the temple stood in a straight line from the tomb which the Queen had proclaimed hers and had it excavated in the Valley of Kings. The temple consists of two ramps which lead to three layered terraces with the magnificent cliffs and the Valley of Kings as a background (See image 1). The three layered terraces reach 30m in height or 97 feet. Each of the Terraces is precisely constructed by a double colonnade of square piers and all the terraces are connected by long ramps. Hatshepsut still contained the classical Theban appearance with courts, a chapel, sun court and a sanctuary. On both sides of the entrance (See Image 2) are pillars which depict images of Hathor as the capitals. Under the roof line is in image of Wadjet who is the Goddess of Lower Egypt, Papyrus and the Protector of the Pharaoh. She is displayed as a two sided solar symbol and bordered by two long serpents. Hatshepsut often depicted herself as a male pharaoh by wearing false beards and the traditional male regalia of previous Egyptian Kings. She would often wear a Khat head cloth and false beard to show her power and to persuade the public that she was capable of performing a male role. She would wear a Shendyt kilt as depicted in many statues in the temple. Often Portrayed as a male it did not mean that she denied her female gender. Depicting herself as a male authority was a show to foreign rulers to respect her as a male and to gain acceptance among the Egyptian population. The temple at Deir el-Bahri includes an image that depicts Hatshepsut as a male pharaoh (see image 3) which shows her giving offerings to Horus the ancient sky god. Once stood statues and ornaments throughout the temple but they have since been stolen or destroyed by other pharaoh’s or robbers. It previously housed two statues of Osiris, an avenue lined by sphinxes and the many statues and sculptures of Pharaoh Hatshepsut. Hatshepsut led many expeditions but one of the most famous is the expedition to Punt. Hatshepsut took pride in announcing the departure of 5 Phoenician style ships to Punt which is now modern day Somalia. It was the first time in 500 years that the voyage had been embarked on. Punt was â€Å"God’s Land† as its terraced land was theoretically represented by the lands of gods. It is suggested that a French scholar Auguste Mariette believed that Hatshepsut’s Temple Deir el-Bahri represented the land of gods by being constructed in terraces like designs. The scenes of the expedition to Punt were carved on the walls at Deir el-Bahri on the Middle Colonnade opposite the Divine Birth Scenes representing and indicating the importance of the Expedition. The Expedition to Punt was most likely for trade with inner Africa rather than conquest of the rival civilisation. The trip was made to please her god Amun and fulfil his wishes of have a Myrrh tree in the garden of Amun. Amun had indicated that he would like to walk among them so Hatshepsut obeyed. Hatshepsut did not go on the voyage to Punt but she sent her official Nehesi and a selection of Egyptian soldiers. Sending the soldiers indicated that Hatshepsut had an army. The cargo of the ships included gold, ebony, elephant tusks, monkeys, baboons, panther skins, greyhounds and many trees. The cargo also included slaves and their young dependable family. When the fleet landed on the shores of Thebes, Hatshepsut and an elongated line of people marched the fleet. Hatshepsut was never far off making yet another dedication to Amun and she dedicated the best of the traded produce to Amun. The incense trees were planted in the open area of the central pathway at Deir el-Bahri. A stump of the tree is still able to be seen today. Hatshepsut was such a successful Pharaoh as she continued to re-establish a strong link with the god Amun which reassured the people that she was fit to be pharaoh. Hatshepsut created a thriving economy which created stability for the Egyptian people. Hatshepsut had many followers which made her rule so successful, for example Senenmut who supported throughout her reign till the unexplained disappearance shortly before she fell to Thutmose III. When Hatshepsut lost her throne and Thutmose III became Pharaoh of Upper and Lower Egypt, Thutmose III attempted to remove every written and visual piece of evidence to suggest that she was never pharaoh. In lists of the 18th dynasty pharaohs, Hatshepsut was often left off the list and her face hacked and cut out of art works depicting her as a pharaoh. Sculptures of Hatshepsut were removed and replaced with other Pharaoh statues and her name hacked out of carved writings. Thutmose III did everything in his power to remove her from history and yet she still is one of the most known Pharaohs of Egypt. Her accomplishments were triumphant making her a successful and respected Pharaoh of the 18th dynasty. Discussion-the availability of sources was ample as Hatshepsut is such a well known Pharaoh as she wasn’t just Queen she was King who ruled for over 2 decades. Different sites have different information for example one site will say that she ruled for 18 years and another will say 22 years. For the essay I had to take an opinion and use it in the essay as it was my piece of writing. Interpretations of images at various temples are different and you have to combine them to gain a complete understanding of the image. Appendix Image 1: Image 2: Image 3: | Bibliography: -NNDB tracking the entire world http://www. nndb. com/people/265/000162776/ Date accessed 6/5/2011 -Hatshepsut http://www. king-tut. org. uk/egyptian-pharaohs/hatshepsut. htm Date accessed 6/5/2011 -Hatshepsut – J. G. A. H. L. K. http://www. richeast. org/htwm/Hat/hat. html Date accessed 6/5/2011 -Hatshepsut – Caroline Seawright http://www. thekeep. rg/~kunoichi/kunoichi/themestream/hatshepsut. html Date accessed 7/5/2011 -Senenmut http://ib205. tripod. com/senenmut_2. html Date accessed 7/5/2011 – Mortuary Temple of Queen Hatshepsut http://www. bluffton. edu/~sullivanm/egypt/deirelbahri/deirelbahri. html Date accessed 9/5/2011 -Midland Travel Tours http://www. comeseeegypt. com/hatsut. htm Date accessed 13/5/2010 -Hatshepsut first great woman in history http://www. all-about-egypt. com/hatshepsut. html Date accessed 13/5/2011 -Voyage to Punt http://www. camdenh. schools. nsw. edu. au/pages/Faculties/History/ancient/Hatshepsut/Voyage%20to%20Punt. html Date accessed 19/5/2011 How to cite Hatshepsut, Papers Hatshepsut Free Essays #301 Hatshepsut Hatshepsut was the fourth female pharaoh in Egyptian history, and was considered one of the greatest rulers, male or female, of her time. As Pharaoh, she encouraged trade and sent a voyage to the land of Punt, sponsored a vast building project in Egypt, added to the temple of Amon at Karnak, and commissioned her famous mortuary temple, Deir el-Bahri, decorated with her most impressive achievements. She is renowned for being strong and assertive, whilst also fair and just. We will write a custom essay sample on Hatshepsut or any similar topic only for you Order Now The many reliefs and paintings in this temple serve as sources from which we can draw conclusions about her life and her reign. Hatshepsut was the daughter of King Thutmose I and his wife, Queen Ahmose, and married her half-brother, King Thutmose II. When King Thutmose II died after a short rule, Hatshepsut’s stepson Thutmose III inherited the throne. However, as Thutmose III was considered too young to rule, Hatshepsut served as his regent. Shortly afterwards, some sources say Hatshepsut claimed the throne for herself, whereas others say that she ruled with Thutmose III as a diarchy. The birth and coronation scenes at Deir el-Bahri show Hatshepsut’s divine birth, although they have been greatly damaged, supposedly due to a vengeful Thutmose III. According to the scenes, Amon (a prominent god in Upper Egypt) goes to a sleeping Ahmose in the form of Thutmose I and awakens her with pleasant odours. At this point Amon places the ankh, a symbol of life, to Ahmose’s nose, and Hatshepsut is conceived. From this source, historians have been able to decipher that in order to justify her leadership, Hatshepsut claimed that she’d had a divine birth. In these scenes Hatshepsut is shown as a young boy, and through her claim of divinity she won the support of the priests. To further strengthen her position, the oracle of Amon was published on the walls of her tomb, stating, â€Å"Welcome my sweet daughter, my favorite, the King of Upper and Lower Egypt, Maatkare, Hatshepsut. Thou art the Pharaoh, taking possession of the Two Lands. † She also claimed that she was her father’s intended heir and had the following commissioned on the walls of her temple: ‘Then his majesty said to them: â€Å"This daughter of mine, Khnumetamun Hatshepsut, may she live! I have appointed as my successor upon my throne†¦ he shall direct the people in every sphere of the palace; it is she indeed who shall lead you. Obey her words, unite yourselves at her command. † The royal nobles, the dignitaries, and the leaders of the people heard this proclamation of the promotion of his daughter, the King of Upper and Lower Egypt, Maatkare, may she live eternally. ’ Hatshepsut is regarded as one of the most outstanding of Egypt’s female rule rs, and was the first to assume the Godship with the Kingship. She was often portrayed wearing the double crown, indicating sovereignty over the lands of both Upper and Lower Egypt. In many representations she has been shown wearing masculine attire and a traditional false beard, although it is unlikely that the false beard was actually worn, as opposed to being strictly an artistic convention. Statues such as those at the Metropolitan Museum of Art depicting her seated wearing a tight-fitting dress and the nemes crown are a more accurate depiction of how she would have presented herself. Hatshepsut took great pride in the trading expedition she sent to Punt in around year nine of her reign. We know that she regarded it as one of her major achievements as she had it carved on the middle colonnade walls at Deir el-Bahri. Reliefs show that exotic goods such as myrrh trees, frankincense, oils, ivory, ebony and animal skins were brought back and offered to Amon-ra. Inscriptions state, â€Å"the ships were laden with the costly products of the Land of Punt and with its many valuable woods, with very much sweet-smelling resin and frankincense, with quantities of ebony and ivory†¦Ã¢â‚¬  There is another scene in which Hatshepsut is offering these products to Amon-Ra, with inscriptions showing him praising her and promising success for future expeditions. This evidence reinforces Hatshepsut’s obedience to the Gods, as well as showing her power and confidence in her officials to plan and undertake such a voyage. During her reign, Hatshepsut built a rock temple, now known as Speos Artemidos and dedicated it to the Goddess Pakhet. On the facade above the entrance there is an inscription in which she complains about the damage done during the reign of the â€Å"Asiatics of Auaris†, three generations before her reign, and reports, â€Å"I have raised up what was destroyed†. She claims full responsibility for rebuilding Egypt, and has inscribed, â€Å"My command stands firm like the mountains and the sun disk shines†. Hatshepsut also constructed four obelisks at the Temple of Karnak, one of which remains standing today at 29. 6m high, weighing 320 tonnes. It is inscribed with, â€Å"O ye people who see this monument in years to come and speak of that which I have made, beware lest you say, ‘I know not why it was done’. I did it because I wished to make a gift for my father Amun, and to gild them with electrum. Author and broadcaster Joyce Tyldesley teaches Egyptology at Manchester University, and is Honorary Research Fellow at the School of Archaeology, Classics and Egyptology, Liverpool University. She states that, â€Å"By promoting the cult of Amon, she was effectively reinforcing her own position and promoting herself. † Early on with the lack of evidence or inscriptions it appeared as though Hatshepsut was a pacifist and didn’t undertake any great battles. J. A Wilson in â€Å"The Culture of Ancient Egypt† states that, â€Å"She records no military campaigns†. However Redford in â€Å"History and Chronology of the Eighteenth Dynasty† states there were four to six campaigns. These included a campaign to Nubia, possibly by the Queen herself in the early period of her reign, a small battle in Palestine/Syria and two campaigns by Thutmose III shortly before her death invading Gaza and Nubia. Hatshepsut emphasises her military role by referring to upgrading the army and portraying herself as a traditional warrior-pharaoh sphinx. An inscription at Speos Artemidos reads, â€Å"My might causing the foreign countries to bow down, because the uraeus that is upon my forehead pacifies all the lands for me. â€Å"My army, which was unequipped, has become possessed of riches since I arose as king. † Hatshepsut died in 1458 BC during her twenty-second regal year; no record of her cause of death has survived. There were no bodies in Hatshepsut’s tomb in the Valley of the Kings when archaeologist Howard Carter unearthed it in 1903. Ho wever, an unidentified female mummy, found with Hatshepsut’s wet nurse Sitre, and with her arms posed in the traditional burial style of pharaoh, lead to the speculation of the discovery of Hatshepsut’s remains. In June 2007, a molar was found with Hatshepsut’s organs and was matched with a gap in the mummy’s teeth. DNA tests were run, which established her identity and the theory was confirmed. â€Å"We are 100 percent sure,† said Zahi Hawass, secretary general of Egypt’s Supreme Council on Antiquities, when asked about the mummy. Tests of her mummified tissue showed that Hatshepsut died of bone cancer around the age of 50. She also suffered from diabetes and was obese. Many primary sources related to Hatshepsut are most likely biased. For example sources from her temple Deir el-Bahri could be considered subjective as she was alive when they were made and she had herself portrayed as divine, as was common for Pharaohs. These sources should only be relied upon to an extent, as they are open to interpretation. Individuals’ interpretations may also be biased and influenced by personal opinions and views. Sources from this time are also quite heavily damaged due to the fact that after Hatshepsut died, Thutmose III supposedly had her name and representations chiselled away from temple walls, and replaced with those of Thutmose I, II and III. The statues and sphinxes she had built in her temple were broken to pieces and thrown away. However, as with most sources, there has been controversy in interpretation. Both Gardiner and Wilson argue that as soon as the Queen died, Thutmose III, in hatred, immediately destroyed her name and monuments so as to obliterate her name and memory forever. However, recent research by historian Nims argues that the damage was not done until the year 42, when Thutmose III replaced Hatshepsut’s cartouche with his own. This leaves us speculative, if he hated her so much, why would he wait 20 years for his revenge? All new kingdom Pharaohs altered or destroyed some buildings of their predecessors, including Hatshepsut with the Temple of Karnak. New theories suggest that by erasing the cartouche of Hatshepsut and replacing it with that of Thutmose I or II, he was merely trying to legitimise his right to the throne by emphasising his links to these previous Pharaohs. Inscriptions often refer to both Hatshepsut and Thutmose III as Pharaohs, and show that Hatshepsut gave Thutmose III important roles leading the military. These sources lead us to believe that the relationship between Hatshepsut and Thutmose III may not have been hateful, as many sources state, and they may have indeed ruled as a diarchy. They also highlight the controversy often encountered in the interpretation of sources in general. Bibliography: J. G. , A. H. and L. K. 1998, Hatshepsut, Viewed May 1 2011, http://www. richeast. org/htwm/Hat/hat. html Jane Carlson, 1998, Hatshepsut, Queen of Egypt, Viewed May 1 2011, http://www. thenagain. info/webchron/africa/Hatshepsut. html Author unknown, 2010, The Immaculate Birth of Queen Hatshepsut, Viewed May 1 2011, http://kemetichistoryofafrikabluelotus. blogspot. com/2010/04/immaculate-birth-of-queen-hatshepsut. html Author unknown, Date of publication unknown, Pharaoh Maatkare Hatshepsut, Viewed May 1 2011, http://www. rystalinks. com/egypthatshepsut. html Patricia L O’Neill, Date of publication unknown, Her Majesty The King, Viewed May 2 2011, http://hermajestytheking. com/faq. htm Author unknown, date of publication unknown, Voyage to Punt, Viewed May 2 2011, http://www. camden-h. schools. nsw. edu. au/pages/Faculties/History/ancient/Hatshepsut/Voyage%20to%20Pun t. html Sayed Z. El-Sayed, 1995, Queen Hatshepsut’s Expedition to The Land of Punt: The First Oceanographic Cruise? , Viewed May 10 2011, http://ocean. tamu. edu/Quarterdeck/QD3. 1/Elsayed/elsayedhatshepsut. tml National Geographic, 2010, Egypt’s Female Pharaoh Revealed By Chipped Tooth, Experts Say, Viewed May 10 2011, http://news. nationalgeographic. com/news/bigphotos/60526950. html Dr. Karl H. Leser, 2009, Speos Artimidos/Beni Hassan, Viewed May 25 2011, http://www. maat-ka-ra. de/english/bauwerke/speos_artemidos/speos_artemidos. htm Jimmy Dunn, date of publication unknown, Karnak in Thebes (Modern Luxor), Viewed May 25 2011, http://www. touregypt. net/karnak. htm Dr Joyce Tyldesley, 2011, Hatshepsut and Thuthmosis: A royal Feud? , Viewed June 3 2011, How to cite Hatshepsut, Papers

Construction & Property Law

Question: What this Case Teaches About the Issues Considered? Answer: In the case of Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36 (8 October 2014), a claim of negligence owing to pure economic loss was pursued by Owners Corporation against Brookfield Multiplex Ltd. Through this case, a much awaited decision of the High Court relating to whether or not a duty of care was owed to the subsequent owner by the builder (High Court of Australia, 2014). This case teaches not only about negligence, negligent pure economic loss, but also about the liability or no liability of the builders towards subsequent owners or to the developer of the building (Ellison, 2014). Negligence is the failure in the discharging the duty of care which an individual owed to another and which results in a loss of injury to the other person (Harvey and Marston, 2009). In order to establish negligence, there has to be presence of certain elements, and these include the duty of care, the breach of this duty, resulting harm or loss, causation, foreseeability and the injury not being remote (Kennedy, 2009). The snail in the bottle or Donoghue v Stevenson [1932] UKHL 100 is the prime case for negligence. In this case, the beer bottle manufacturer was held to owe a duty of care towards the consumer of the bottle, who fell ill due to the dead snail found inside the bottle (British and Irish Legal Information Institute, 2017). Baltic Shipping v Dillon High Court of Australia (1993) 176 CLR 344 presents the example of negligence, which enables the recovery of damages for even mental distress which resulted as the ship sank (Holmes, 2017). The professional are required to apply professional skill, judgment, and care in the work they undertake. They also have to adhere to the restriction and controls which have been put upon them, as a result of being member of certain organization. Hence, through such professional undertaking, the duty of care is assigned upon the professionals (Holland, 2011). Negligence pure economic loss is a principle which denotes the economic loss suffered by the individuals, as a result of negligence of some other individual. Though, this loss is not at all related to a physical injury (Palmer and Bussani, 2009). Hence, the loss covered under this principle has to be purely economic in nature. When it comes to negligence pure economic loss, the rule applicable on it is a no-recovery rule. So, this rule dictates that under negligence owing to pure economic loss, the aggrieved party cannot apply for recovery of damages and even if they apply, they would not be successful for the same (Ward, 2010). This rule was established in the case of Rylands v Fletcher [1868] UKHL 1. In the quoted case, the water from the reservoir of the defendant spread over the working mine of the plaintiff which resulted in heavy damages to the working mine. The judges gave the verdict stating that the defendant could only be held liable for the wrong use of land and not for the recovery of pure economic loss (Rush and Ottley, 2006). This verdict was further supported in the case of Weller v Foot and Mouth Disease Research Institute [1966] 1 QB 569, where the cattle of the plaintiff was infected due to the virus which escaped the premises of the defendant. This rendered the cattle unsellable and the plaintiff sued for loss. But the no recovery rule was applied in this case too (Steele, 2014). However, since these cases, the no recovery rule has often been discarded and one of such cases is the case of Caltex Oil v The Dredge "Willemstadt" (1976) 136 CLR 529. In this case, the pipeline was damaged while the defendant was dredging. The plaintiff was a user of this pipeline and due to its damage he could not transfer the oil, which was done through the pipeline which was damaged in this case. As a result, he sued for economic loss. However, the judges held that as the defendant was aware about the foreseeability of the loss, he would be liable for the recovery of damages (Sappideen et al. 2009). Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 also presents the base of circumstances in which builders may or may not responsible to the subsequent owners or to the developers of the building. In proving this point, the court referred to the case of Woolcock Street Investments v CDG Pty Ltd [2004] HCA 16, which acted as a landmark decision of the High Court (Richards, 2014). The decision given in this case relinquished the liability for any defects in the designing or construction of a builder or architect of a commercial building, to a subsequent purchaser. Hence, in case the architects or builders were faced with a legal action by a subsequent buyer, this case proves to be helpful in denying any liability (The Federation Press, 2017). The court also referred to the case of Bryan v Maloney (1995) 182 CLR 609; [1995] HCA 17. In this case also, the third subsequent owner of the house sued the builder for negligence in exercising the reasonable care needed for discharging his duty of care, as a failed in avoiding the damages which were foreseeable. The court held that it could not be established if the damages were due to normal wear and tear or because of defects in initial construction. However, in this case the duty of care was clearly established due to the proximity between the loss and the negligence of the builder. This was coupled with the foreseeability of economic loss due to inadequately built footings. And so, the builder was held liable for the negligent pure economic loss (Aitken Whyte Lawyers, 2017). While giving the judgment in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288, the High Court Justices quoted these two cases for deciding the liability of the defendant based on the vulnerability of the subsequent purchaser, coupled with the reliance placed upon the builders actions. The court weighed the salient features of the relationship amongst the involved parties, to drawn upon the vulnerability of the subsequent purchaser. For this, the first thing which had to be established was related to the duty of care, if owed by the builder. If the duty of care is established, the second step relates to establishing the duty of care towards a subsequent purchaser (Wearne, 2014). This case presented how and when the cases have to be applied to establish a point. So, the case of Bryan v Maloney is used in cases where the parties are unsophisticated and the contractual arrangements are not used in order to modify the risk allocation under the common law. And the case of Woolcock Street Investments v CDG Pty Ltd is used in such cases where the parties are sophisticated and reliance is made on commercial savvy modes, in form of contractual arrangements in order to allocate the risk (Wearne, 2014). The case of Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 presented that the contractual arrangements between the parties had allocated the risk in a manner through which Owners Corporation was denied the clause of being vulnerable or reliant on the actions of Brookfield Multiplex Ltd. This decision of the High Court presented more clarity to the parties regarding the circumstances which lead to a differentiation between the ratio in Woolcock and the case of Bryan v Maloney. It clarifies the situations in which the court does not impose higher financial liability in comparison to the on which is already present in the contract. This case made it clear the point where there is a need for drawing the line for expanding the liability of the parties when it comes to a drawn commercial agreement between the parties. References Aitken Whyte Lawyers. (2017) Builder Liable for Negligence to Subsequent Owners of Home for Pure Economic Loss. [Online] Aitken Whyte Lawyers. Available from: https://www.awbrisbanelawyers.com.au/builder-liable-for-negligence-to-subsequent-owners-of-home-for-pure-economic-loss-solicitors-brisbane.html [Accessed on: 10/04/17] British and Irish Legal Information Institute. (2017) Donoghue v Stevenson [1932] UKHL 100 (26 May 1932). [Online] British and Irish Legal Information Institute. Available from: https://www.bailii.org/uk/cases/UKHL/1932/100.html [Accessed on: 10/04/17] Ellison, M. (2014) Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36. [Online] Lexology. Available from: https://www.lexology.com/library/detail.aspx?g=01a6cfc5-8a3b-4178-baeb-35c272d18cf6 [Accessed on: 10/04/17] Harvey, B., and Marston, J. (2009) Cases and Commentary on Tort. 6th ed. New York: Oxford University Press, p 251-255. High Court of Australia. (2014) Brookfield Multiplex Ltd V Owners Corporation Strata Plan 61288 Anor [2014] HCA 36. [Online] High Court of Australia. Available from: https://www.hcourt.gov.au/assets/publications/judgment-summaries/2014/hca-36-2014-10-08.pdf [Accessed on: 10/04/17] Holland, J.K. (2011) Standard of Care for Design Professionals. [Online] Construction Risk Counsel PLLC. Available from: https://www.constructionrisk.com/2015/09/standard-of-care-for-design-professionals/ [Accessed on: 10/04/17] Holmes, R. (2017) Mental Distress Damages For Breach Of Contract. [Online] Victoria University of Wellington. Available from: https://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-35-2004/issue-3/holmes.pdf [Accessed on: 10/04/17] Kennedy, R. (2009) Duty of Care in the Human Services: Mishaps, Misdeeds ad the Law. Victoria: Cambridge University Press, pp 104-107. Palmer, V.V., and Bussani, M. (2009) Pure Economic Loss: New Horizons in Comparative Law. Oxon: Routledge-Cavendish. Richards, G. (2014) Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288. [Online] Mills Okley. Available from: https://www.millsoakley.com.au/brookfield-multiplex-ltd-v-owners-corporation-strata-plan-61288/ [Accessed on: 10/04/17] Rush, J., and Ottley, M. (2006) Business Law. London: Thomson Learning. Sappideen, C., at al. (2009) Torts, Commentary and Materials. 10th ed. Pyrmont: Lawbook Co, pp. 309-311. Steele, J. (2014) Tort Law: Text, Cases, and Materials. 3rd ed. Oxford: Oxford University Press. The Federation Press. (2017). Woolcock Street Investments Pty Ltd v CDG Pty Ltd [2004] HCA 16 (High Court of Australia). [Online] The Federation Press. Available from: https://www.federationpress.com.au/pdf/Woolcock%20Street%20Investments%20Pty%20Ltd%20v%20CDG%20Pty%20Ltd.pdf [Accessed on: 10/04/17] Ward, P. (2010) Tort Law in Ireland. The Netherlands: Kluwer Law International. Wearne, N. (2014) Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36. [Online] Norton Rose Fulbright. Available from: https://www.nortonrosefulbright.com/knowledge/publications/124045/brookfield-multiplex-ltd-v-owners-corporation-strata-plan-61288-hca-36- [Accessed on: 10/04/17]

Emma Nicholas Essays (2456 words) - , Term Papers

Emma Nicholas Professor Fortunato FMP 201 26 April 2013 Final Exam Question One: Hollywood is crowded with a gargantuan amount of films. Each of these films underwent a tumultuous process to become the final product now being shown on the big screen. Often heedless, the average film-uneducated viewer views the film as the whole in which it is being presented. Dive behind the red velvet curtain, taking a peek into the strenuous world of cinema. It is best to "write what you come to know" (Development). This has the tendency to hold as a far more accurate statement. One should commence "with a strong idea inspired by actual events, literature, [or] personal experiences" (Tomaric 3). Though there are other options to exhaust such as already existing sources. In order to use already developed sources or ideas, one must secure the rights. Procuring the rights from the author of a previous work or an individual whose story is inspirational enables the user to proceed with their vision. When the work is either an original creation or acquired rights; a proof of Chain of Title is in order to obtain insurance and distribution (Development). Following a secured Chain of Title happens to the blueprint for the entire film, the script. A script is crafted by a creative screenwriter, who lays out the script in a "format regulated by tradition not law" (Development). Oddly enough, the screenwriter may also be a "hyphenate" in which case they are also producer and director for the film. As the idea has developed from a mental thought to a physical script, then begins the hiring process. The shot list and budget determine what crew positions are needed to fill on set. Perhaps it is wise to begin with hiring a producer, whom "makes the overall project take shape" (Who). In charge of the artistic vision of the film is the director who "translates and visually gives life to the screenplay" (Who). Preceding these, hire the director of photography, production designer and unit production manager. In which case, grant these position holders the ability to appoint department heads. Making the job easier on the individual heading the film, these department heads will hire subordinate crew members, who must be approved by the directors themselves. Trailing this process, crew members are required to sign a crew deal memo outlining the terms of their employment (Tomaric). With employees comes paychecks and these paychecks add a crucial part in the budgeting. Beginning with selecting a business formula, it must be established whether the film is for profit or art (Tomaric). Collaborate with a line producer to develop a budget to show investors. If using investors on a film, there lies the "rule of three: meet and know your investors personally." Shape the budget by shuffling scenes, reducing the numbers of shooting days, tightening actors' schedules and reducing camera set-ups. Determine union payment guidelines and restrictions concerning the actors and crew. Develop a business plan that includes the budget, script, attached actors and key crew positions. Approach investors to raise money for the project. Form a company and open a bank account. With budget intact, begins pre-production. And where will the film be shot? First, hire a location scout who knows the local area. It is imperative to capture pictures of every location using the panoramic technique. A local film commission sometimes has panoramic shots of popular locations. Location scouting needs to occur early in order for "tech scouts" to choose the location (Pre-production). Secure the location by contract, specifying the conditions upon arrival and return. Inquire the exact price of location, the days/hours it will be used. And after using the location were the ending conditions the same or does it need to be restored to its original condition. Locations are finalized, next step, putting them to good use. At the start of production each morning coffee and breakfast are set-up before call-time. The set location is unlocked and secured. Cast and crew begin arriving based on their call times. Frist assistant director walks everyone through the set before the crew begins unloading equipment in designated areas. Make-up and hair departments set-up and begin prepping the actors. Then there is a meeting with the entire cast and crew to review the scenes

Warm Feelings For Cold Blood Essays - Cinema Of The United States

Warm Feelings For Cold Blood Essays - Cinema Of The United States Warm Feelings For Cold Blood In Cold Blood is a novel written by Truman Capote in 1966. In Cold Blood is a true account of a multiple murder case that took place in Kansas in the 1950s. The book outlines a brutal murder case, but it shows the story from many perspectives, not just that of the law. Capote introduces you to the Clutter family, a well known, very hard working and loyal family to the community. The town of Holcomb is a small farming town. There is not much excitement in the town, and that is the way the people liked it. Everyone went to church and the community trusted each other, until the unthinkable happened. The towns most prominent family was killed. It is even worse when the only clues are two sets of boot tracks. Everyone in and around the town become scared because if such evil could be brought upon the best family known, what will happen to them? When Truman Capote wrote In Cold Blood, he wrote a masterpiece. When he wrote the book he developed the character Perry so that even after you wat ched him kill you feel sympathetic for him. He proves that you can even see some good in the worst of people. He does this by slowly developing Perrys character. He gave an in-depth view of Perrys world. He showed that Perry, although he had troubles in his life and sometimes had a total disregard for peoples life he also respected the people. Perry felt bad for some of the people he met. He also was willing to forgive people. Truman Capote was born Truman Streckfus Persons, in New Orleans September 30th 1924. His parents got a divorce when he was four and his mother later remarried and took on the last name of his stepfather. Capotes childhood was extremely insecure. He was handed back and forth between relatives. When Capote was a child he started to write to deal with the loneliness. At age ten, Capote made up his mind to become a professional writer. Because he knew what he wanted to do with his life, Capote shied away from formal schooling. (Breit) By his mid teenage years he w as technically accomplished writer. He stopped going to formal school when he was seventeen. He received a job at the New Yorker magazine. There he was just an errand boy but was noticed because of his mannerisms. During the early stages of World War II, Capotes interests still focused on his writing. (Norden p162) In June 1945, his short story Miraim brought him a lot of attention. It led to his first novel contract. Most of his early works were considered gothic but he also had many qualities that made people think that his work in the future had a lot of potential and those people were not wrong. (Breit) Capotes work did develop past gothicism although some of the old traits lingered in his later works. He had a wide range of attitude in his stories, from horror stories and psychological collapse to stories of magical children. Capote never married but became friends with some of Americas most glamorous women. Capote had been declared professionally dead several times but after e ach time he came back and proved that he was still alive and well. In 1959 Capote officially decided to start work on a nonfiction novel. In November of the same year he read about a multiple murder case in Kansas. He decided to use this crime as the bases for his novel. He devoted all his time and energy for the next six years on the development of this novel. He started his research before the murders were caught. He was in the town when they were put in Jail. Capote lived in the town of Holcomb for a while to gain the trust of the townspeople and of the murderers. In 1965 when Capote finally finished he published the finished product in four articles in the New Yorker and in 1966 and it published in book form. In Cold Blood earned Capote more money then all of his previous works put together. This book created a big controversy because Capote

Corporate Governance Coursework Example | Topics and Well Written Essays - 1500 words - 1

Corporate Governance - Coursework Example While these people are usually elected by the Board of Directors or hired based upon their past record, professional skills and business acumen- it is sad when they indulge in scandalous behavior that can lead a company to bankruptcy and closure. In recent years we have had corporate scandals involving such well known names as Enron and Worldcom in the USA and Parmalat in Italy. These widely recognized household names had a national or regional presence at least, with some even having business interests in various countries across the globe. This is what makes their demise all the more shocking. What is Corporate Governance? Broadly speaking, Corporate Governance may be defined as a set of laws, rules and principles by which a business is operated and controlled. Some of these rules are set down by law and common business practices and the culture of the land, while others are defined by the owners and those in the higher echelons of management of the enterprise. The rules of corpora te governance are based on morality and integrity and fair play. ... It provides the structure through which the objectives of the company are set, the means of attaining these and monitoring performance are determined’ (OECD, 1999, 1). This definition captures the entities of all who are involved as well as the working relationships among them with respect to the functions and responsibilities of corporate governance. The Need and Importance of Corporate Governance Quite simply, the stakeholders of a corporation-whether they be debtors, creditors, suppliers or distributors- as well as the general public would love to do business with a corporate entity or buy its products and services if they know that the management and the employees are a well reputed group and they can rely on the quality of the merchandise or service that is being provided to them. In other words the public perceives the corporate entity and its management and workers to be good and honest hardworking citizens, working hard to contribute to the good of the economy and soci ety at large. Of course they price their goods to include profit as well as to cover the costs and expenses of running a business. But the exposure of bad and fraudulent business practices as well as dubious business activities will certainly make people think twice about the company and its bonafides- which have now fallen into disrepute It can be an audit team or the actions of a concerned whistleblower that exposes these activities2 (Wearing, 2005, 27). Once the beans have been spilled, the company usually comes under the investigation of the Securities and Exchange Commission and other Federal agencies such as FBI and law enforcement can also get involved. In the UK this would involve actions and investigations by the Home Department and the Metropolitan Police. Once the

Pros and Cons of Horizontal and Vertical Analysis Essay

Pros and Cons of Horizontal and Vertical Analysis - Essay Example The above table presents the horizontal analysis of Nike for the three quarters such as Q2, Q3 and Q4 ending November 2012, February 2013 and May 2013. In the horizontal analysis, each line item of income statement is divided by the total revenues figure in order to check the percentage of that line item with respect to sales. If cost of sales of Nike is considered, it can be observed that it has remained quite consistent in all the three quarters and remained around 56% of sales (Nike Inc., 2013). Accordingly, the gross profit margin of the company is around 44%. Nike incurs substantial expenditure over its demand creation activities such that this expenditure covers around 10% of sales every quarter. As far as operating overheads of the company are concerned, the company absorbs the expenditures at around 20% of sales level which remained consistent in previous three quarters. Similarly, selling and administrative expenses of the company are around 30% of the turnover of in each of the three quarters. Other incomes and interest incomes are nearly negligible such that they do not even constitute to 1% sales level. Income before taxes has been improved by 2% in third and fourth quarter as compared to second quarter. Income tax expenditure of the company is also improving, i.e. showing a very minute decline on quarter-level percentages. Net income of the company has increased to double figures especially in third and fourth quarter. Overall, from the horizontal analysis of income statement of Nike, it is quite evident that the company has performed well and maintained consistent percentages of sales in the last three quarters. Vertical Analysis – Balance Sheet    May-13    Feb-13    Nov-12 ASSETS    Current assets: $ in million % change $ in million % change $ in million Cash and equivalents 3,337 30.50% 2,557 11.61% 2,291 Short-term investments 2,628 76.97% 1,485 20.34% 1,234 Accounts receivable, net 3,117 -3.56% 3,232 1.38% 3,188 Inventories 3,4 34 3.15% 3,329 0.33% 3,318 Deferred income taxes 308 12.00% 275 -15.90% 327 Prepaid expenses and other current assets 802 -9.07% 882 20.33% 733 Assets of discontinued operations 0 -100.00% 29 -91.57% 344 Total current assets 13,626 15.58% 11,789 3.10% 11,435 Property, plant and equipment 5,500 2.42% 5,370 1.13% 5,310 Less accumulated depreciation -3,048 -1.99% -3,110 1.90% -3,052 Property, plant and equipment, net 2,452 8.50% 2,260 0.09% 2,258 Identifiable intangible assets, net 382 1.60% 376 0.53% 374 Goodwill 131 0.00% 131 0.00% 131 Deferred income taxes and other assets 993 -6.23% 1,059 8.84% 973 TOTAL ASSETS 17,584 12.61% 15,615 2.93% 15,171