Film Genre Analysis Essay Example | Topics and Well Written Essays - 2000 words

Film Genre Analysis - Essay Example Horror films are meant to create some negative emotions like fear, shock and tension among the audience or viewers. This discourse is about genre analysis of Near Dark, produced by Kathryn Bigelow, in 1987. Horror films incorporate various aspects beyond human imaginations to inflict some sort of fantasy, supernaturalism and the thrilling effects among others. Majority of horror films incorporates the evil and scary scenes through ghosts, serial killers, ogres, zombies, demons, aliens and cannibals among others. This film genre is however restricted to adults above the age of 18 or 21, who can deal with their fears or nightmares without compromising their social and spiritual lives (Wilkins, 2009). Horror films have various influences in the society. It is one of the most selling or marketable genre after sci-fi and animations. The horror films are the opposite of the old movies where the main theme was to satisfy men’s desires. The horror movies incorporate both men and women 's roles in the society and thus are good attribute to gender equality. Women are also the main audience and actors, or the main contributor to the ideas behind the horror films. The majority of female horror films usually begins as a vulnerable scared being to who develop to be strong and confident as the films come to an end. This has really impacted confidence and the strength to endure life frustrations among several women and men facing some sort of difficulties (Plaisance, 2008). Horror films also include the elements of motherhood, pregnancy and lesbianism to attract more female audience. However, it is being revealed that the evil and scary scenes in the horror films have compromised the spiritual and social lives among several audiences. For instance, the Christian clergies have lamented that the movies inflict fear and social withdrawals among teenagers. They also lament that movies based on Halloween celebrations are not in accordance with the Biblical teachings, but some sort of an evil cult. Some social and psychological studies indicate that a pregnant woman could miscarry when shocked or frightened by the evil and scary scenes in the horror films. The films also kill the sense of humanity in frequent audiences, for instance, Children who watch horror films are likely to adopt some criminal minds when they become of age. This is because their humanity and affection is replaced with anger, terror and revenge among other undesirable characters. Near Dark is a horror movie produced in 1987, directed by Kathryn Bigelow but produced by Steven-Charles Jaffe. It was written by Eric Red alongside Kathryn Bigelow. Its main actors and actresses are Adrian Pasder, Jenny Wright, Lance Henriksen, Jenette Goldstein and Bill Paxton. Its music and cinematography was done by Tangerine Dream and Adam Greenberg respectively. The 95 minute movie was based in the United States, and the entire script is in English. Near Dark is about a young man who tries to choose be tween the normal human family life and the vampire family. The main struggle is attributed by the fact that each choice has its consequences. In 1980, there was need to revive the vampire movies and Near Dark was one of the releases. The movie begins with Caleb Colton (Adrian Pasdar) meeting a young beautiful woman Mae (Jenny Wright). This happens before the morning sun appears. Mae bites Colton’s neck before running away. The sun rises and Colton realizes his body system is not the same anymore, his flesh burns when exposed to

Paper 3 Essay Example | Topics and Well Written Essays - 750 words

Paper 3 - Essay Example Who among them was right, is it the City management or is it Uriah? Arguments raised by the two parties will help in determining the case. On his part, Uriah felt that his actions were justified while the City felt that they were justified in their decision to fire the employee. In the arguments that I shall hereby raise, I will look at both sides of the arguments and why they felt they were justified in their actions. Moreover, I will also explore the possibilities in both cases. Discussions to the case As opposed to crimes which are public, torts are private wrongs committed by people or businesses. Unintentional torts, also known as negligence are defined as the situation whereby a person has either failed to do something or has done something that a reasonable person in his or her own right mind would not do and the another person has suffered harm as a result of the foreseeable action or inaction (Cooke, 2007). The action that has either been committed or omitted is what is refe rred to as negligence. In the case of Uriah versus the City, Uriah acted in due negligence and breached his duty of care. This was against the ethics of business which requires that an employee should at all times portray a behavior or character that in no way will dent the image of the company, whether on duty or off duty. Failure by any employee to observe the code of ethics could attract severe consequences, even dismissal. According to Miller (2012), many businesses take their codes of ethics with increased levels of seriousness as they value how their customers judge them in accordance to the image of the employees. With the high levels of competition due to globalization, no business is ready to let anything to chance in maintaining their public image and stay ahead of their competition. In essence, the dismissal of Uriah was backed by ethics of the business. In particular, Uriah would cost the business its image as few customers would like being served by a night club dancer. Clubs are associated with all mannerisms of immorality and bad behavior. Contrary to this, the modern business environment is concerned about image, ethics and morals. Employees such as Uriah thus find themselves on the wrong due to their actions. Miller & Jentz, (2010) observe that businesses have increasingly shunned away unethical behavior such as alcoholism, drug abuse among other socially unaccepted behavior. Some even restrict the areas in which their employees need to reside in, the type of social places that they can hang out in and the dress codes. All this is supposed to show their customers that they understand what it means to be ethically responsible. As part of the corporate social responsibility, businesses are required to be on the front line in promoting moral behaviorisms in the society. They can only survive this through keeping employees who are ethically responsible. It is due to these reasons that the City decided to fire Uriah for being a night club dancer. O n his part, Uriah was justified in a number of ways to take part in the night club dance as a part time job. However, his argument would be tricky as he had to put into consideration the damages his actions would have caused the company. Although he had acted in violation of the codes of ethics, business morals require that an

Johnson & Johnson Essay Example for Free

Johnson Johnson Essay The situation of Johnson and Johnson ethics came about in October 1982, Tylenol, a leading pain killer in medicine in the United States of America. At that particular time the company faced a tremendous crisis of seven persons reported dead in Chicago after taking the extra strength Tylenol capsules. After wards it was reported that the an unknown person suspects put 65 milligram strength of deadly cyanide into the Tylenol capsules, 10000 more than that what is required to kill a human being. It was the most important issue of this case. (Wolnik, 1984). This particular situation occurred at the time the product reached the shelves. The medicines are removed from the shelves infected with deadly strength cyanide and exactly kept in the same shelves, so that no one can able to understand. The whole thing went wrong from there itself . It badly affected the company because Tylenol controlled 37% of its share with revenue of about $1. 2 million. Immediately after this cyanide poisonings Tylenol market share went down to seven percent. (Fearn-Banks, 2007) The three ethical important issues that the company has taken is that of (a) had to make a decision to create an awareness by public announcement about the consumption of the product. Also the Johnson and Johnson company was faced with the dilemma of the best way to deal with the problem without destroying the reputation of the company and its most profitable product. The very important decision was taken by the company is that they a step of protecting the people first, and (B) second, McNeil consumer products, as subsidiary of Johnson and Johnson immediately conducted a product recall from the entire country which amounted to about a loss of $100 million dollars and 31 million bottles . Also they have halted all the advertisement of the product. But it was sure that the Johnson and Johnson company was not responsible for the tampering of the product they assumed responsibility by ensuring public safety first and recalled all of their capsules from the market. (c) In fact, in February of 1986, when a woman was reported dead from cyanide poisoning in Tylenol capsules, Johnson Johnson permanently removed all of the capsules from the market. Based on the ethical (fair) issues, what are the principal realistic (sensible) options available to the decision makers? The principal realistic options available to the decision makers is to re- introduce the product into the market by applying the ideas that are listed below, First, the product was removed from the market and the Johnson and Johnson company had to come up with a campaign to re introduce the product and bring back the confidence back to the consumers and as well as to the doctors. Second, Tylenol products were re-introduced containing a triple-seal tamper resistant packaging. It became the first company to comply with the Food and Drug Administration mandate of tamper-resistant packaging. Furthermore, they promoted caplets, which are more resistant to tampering. Third, In order to motivate consumers to buy the product, they offered a $2. 50 off coupon on the purchase of their product. They were available in the newspapers as well as by calling a toll-free number. Fourth, to recover loss stock from the crisis, Johnson Johnson made a new pricing program that gave consumers up to 25% off the purchase of the product. (Mitchell 1989). Fifth, Over 2250 sales people made presentations for the medical community to restore confidence on the product. (Fearn-Banks, 2007) Finally the considered judgment that has taken by the Tylenol Company is the best because it has the reason Tylenol reacted so quickly and in such a positive manner to the crisis stems from the companys mission statement. On the companys credo written in the mid-1940s by Robert Wood Johnson, he stated that the companys responsibilities were to the consumers and medical professionals using its products, employees, the communities where its people work and live, and its stockholders. Therefore, it was essential to maintain the safety of its publics to maintain the company alive. Johnson Johnsons responsibility to its publics first proved to be its most efficient public relations tool. It was the key to the brands survival. (Wolnik, 1984) In my opinion the ethical priorities and the right commitments of the organization are discussed below: 1. A system has to prepare that will allow to respond to the emergency- Although emergencies are unexpected by nature, and one can make a list of the predicted problems and implement a plan to possibly deal with them. For example, a good idea is to hold a brainstorming session with influential members of the organization to identify events that might bring unfavorable publicity. 2. A policy has to develop by each company that they should have a set of policies or guidelines to deal with emergencies. When asked by the media what the companys policies are about a certain situation, your spokesperson should be able to answer firmly. This assures the public that the companys employees are reliable and knowledgeable. 3. It is always necessary to create a crisis management team that will assign certain individuals to be fully knowledgeable about the companys policies and who are efficient in problem solving to deal with emergencies. The right commitment will be to appoint a team leader, a spokesperson to deal with the media, team members to deal with the victims and emergency officials, and others to guide the staff and volunteers. 4. To assemble and to organize resources one should make sure to have up-to-date information to be able to react immediately without having to do extensive research. The resources include: lists of contacts for team members, volunteers, staff, as well as emergency officials such as police, hospitals and the fire department. (Baum, 1996) 5. TO analyze the situation and gather all the facts the safety and the security have been restored, to gather the information of the incident and begin thinking of a solution to the problem. It is not necessary to blow the problem out of proportion before gathering all the facts. 6. It is required to assign the team member to personally and kindly contact the families of those involved to inform them about the situation. 7. Communicate with the media: The only way for your affected publics to be informed is by watching or listening to the media. Therefore, it is your duty to inform the media outlets as soon as possible about the situation. The above few points according to me are the right choice to boost the right commitment of the organization. References: Baum, Neil Zablocki, Elaine; 1996; Take Charge of Your Medical Practice Before Someone Else Does it for You ; Jones Bartlett Fearn-Banks, Kathleen; 2007; Crisis Communications: A Casebook Approach; Routledge Wolnik KA, Fricke FL, Bonnin E, Gaston CM, Satzger RD. 1984. The Tylenol tampering incidenttracing the source. Anal Chem; 56:466A-8A, 470A, 474A.

Comparing Pursuit of Perfection by Poe and Hawthorne and the Realism of

Pursuit of Perfection by Poe and Hawthorne and the Realism of Melville and Jacobs   Ã‚  Ã‚  Ã‚   One of the elements of Romanticism is the pursuit of perfection. While Poe and Hawthorne's characters strive in vain for the perfect woman (or rather her perfect attribute) or the perfectly engineered person, Melville already knows that perfection is an illusion. Melville paints a more realistic portrait of the imperfections of society. The women writers take Melville's assessments of the world and the human condition even further. Phelps and Jacobs' know first-hand about the misconceptions of perfection and the inability to capture that image. The burden of seamless domesticity wears on the women in these stories. Jacobs' story carries the heaviest burden of all being undermined by the repression of women and the hardships of slavery.   Ã‚  Ã‚   In Poe's Ligeia the narrator is captivated by his wife's beauty and intelligence, with which he becomes obsessed. He is particularly attracted to "the dear music of her low sweet voice". Her "rare" and "immense" learning makes her unique and intriguing. However, because "her knowledge was such as" the narrator had "never known in a woman" she is a threat. Johanyak says that, "Poe's intellectual heroines are first idealized and then feared or misunderstood by men who fail to understand or accept their quest for knowledge" (63).   The narrator admits that he had "never known her at fault". In essence, he is conceding that she was in fact the perfect woman. In the fateful pattern of Poe's female characters, such perfection must be punished. She dies and the narrator agonizes over his loss. It is not until this retelling of their marriage that the narrator truly appreciates all that she was and all that ... ... Dayan, Joan. "The Identity of Berenice." Studies in Romanticism 23.4 (1984) 491-513. Holly, Carol. "Shaming the Self in The Angel Over the Right Shoulder." American Literature 60.1 (1988): 42-60. Johanyak, Debra. "Poesian Feminism: Triumph or Tragedy." CLA Journal 39.1 (1995): 62-70. Morgan, Winifred. "Gender Related Differences in the Slave Narratives of Harriet Jacobs and Frederick Douglass." American Studies 35.2 (1994): 73-94. Rosenberg, Liz. "The Best that Earth Could Offer. The Birth-Mark: a Newlywed's Story." Studies in Short Fiction 30.2 (1993): 145-51. Rowland, Beryl. "Sitting up with a Corpse: Malthus According to Melville in Poor Man's Pudding and Rich Man's Crumbs." Journal of American Studies 6 (1972): 69-83. Zanger, Jules. "Speaking of the Unspeakable: Hawthorne's The Birth-Mark." Modern Philology 80.4 (1983): 364-71.  

Oedipus and Othello

Both Oedipus and Othello were virtuous and brave men that became the victims of two tragic downfalls. Oedipus and Othello are both tragic character. In the play Oedipus the king, Oedipus killed his father and married his mother and have children. However Othello ends up distrusting his wife, so he killed his wife. These two persons have similarities and differences in several characteristics that they are round characters, the vengeance that they experience upon themselves and upon their individual wives whether straight or circuitously, and their tragic. Both Oedipus and Othello are round characters. A round character is completely developed so that the person who read will have a good picture of their appearances and behavior. Oedipus is a character whose fortune cannot be escaped because whatever path he took, seems to take him to get more trouble than what he can deal with anyone before. Therefore, even if his character is well-rounded, he is not realistic. Unlike Oedipus, he would marry a woman who is his mother so he does not need to ask some question about her past marriages or her children. However, there could be some kind of conflict vision in their characters, and there may be question could have risen about the first child that was executed. On the other hand, Othello is a well-rounded character and is a realistic. Othello is a person who is jealous and mistrust that he thinks his wife is cheating on him and sleeping with another man. Othello was in love and he had this feeling that once in a while he thinks that his feeling is fed by the person whom that most trust can lied to them. Until Othello finally kills his wife, Iago constantly know about Othello’s thought that is wounded and distrust grows for his wife. Oedipus is a round character, but cannot be understood due to the ridiculous conditions of his marriage. Othello’s round character can be more understandable, because jealousy occupies all of us at one time. Othello chose to act upon it abundant like those who act in our community today. So far, both Oedipus and Othello worry themselves and their wives. When Oedipus knows the truth about himself that he married his mother and also killing his father. Oedipus’s wife Jocasta kills herself because of embarrassment that she married her son. Oedipus blinds himself in order to impose punishment for him. On the other hand, Othello wrongly blames his wife Desdemona of disloyalty with Cassio and henceforth throttles her to death. Later, Othello realizes that his allegation was wrongly founded; he is overwhelmed with guilt, and stabs himself to death. Therefore, Oedipus does moral obliteration of himself while Othello abolishes himself by death. Lastly, Othello and Oedipus are both tragic hero and their disaster comes from their marriages. Othello is a slave who achieved many goods through the military. Oedipus was born into the upper class and is also a prince and a king. Othello and Oedipus both suffered great loss and shame because of pride. Oedipus’s pride is gone after he killed his father and married his mother. After doing such bad things, Oedipus began to lose all his pride and dignity, such as losing his wife and his kingdom. For Othello, his pride’s also turned to shame because he listens to others more than his wife. So Othello killed his innocent wife and loosed his pride and precious things that belong to him. Othello also loosed his life and he stabs himself to death and said, â€Å"I took by the throat the circumcised dog. And smote him thus. † (V ii 351-352. ) In conclusion, Oedipus and Othello are the two tragic downfalls that can be compared and contrasted. Othello and Oedipus are both a heroic characters in the plays and went through a lot of suffering in their life. Both of them are round characters, the vengeance that they experience upon themselves and upon their individual wives whether straight or circuitously, and their tragic. It was too late for them to turn back n have their pride back because they had lost everything what they got. They deserved to lose everything because of what they did. Othello shouldn’t listen to others and should of listen to his lovely life more, but he decided to listen to others and killed his innocent wife. For Oedipus, killing his father just to married his mother is a very disgusting and disgraceful things that can ever happened. These two characters learned their lesson that pride is something that can destroy their life.

An Understanding Of One Of The Largest Towns - 1857 Words

The purpose of this essay is to provide the reader with an understanding of one of the largest towns in Perthshire, Blairgowrie. It will aim to provide a generalisation of the area as well as reasons why people decide to live there. Key factors such as age, diet and nutrition and employment of Blairgowrie residents will be discussed as well acknowledging comparisons. Blairgowrie is a picturesque town located in central east Scotland. It is approximately 18 miles from Perth and 19 miles from Dundee. The town welcomes tourist and visitors to the area and has thousands of visitors each year. Blairgowrie houses various souvenir and antique shops. It has many cafes and takeaway shops. There is one information centre where local residents†¦show more content†¦While the mills no longer exist the soft fruit farming, predominantly strawberries and raspberries, continue to grow and contribute largely to the economic community. Blairgowrie and Rattray is now a joint town since being joined in 1928 by an Act of Parliament. The population, according to Scottish Neighbourhood Statistics (2011), state that 5407 people resided in West of Blairgowrie (originally Blairgowrie). From this 696 were children, 2880 were working age and 1831 pensionable age. The population according to Scottish Neighbourhood Statistics (2011), state that the population in the East (originally Rattray) was 2966 people. From this 527 were children, 1738 were working age and 701 pensionable age. Neighbourhood statistics state that 110630 was the population of Scotland which 27596 were pensionable age and over. In comparison, Blairgowrie being 34% and Dundee being 24%, this may suggest that older people perhaps enjoy living in rural areas, village environments and encounter less pollution. A large majority of property in this area is privately owned with only a small amount of property being rented. Education establishments in Blairgowrie consist of one high school, Blairgowrie High School and three primary schools, Newhill Primary School, Rattray Primary and St Stephens Primary School. St Stephens is a Roman Catholic school with an enrolment of 96 pupils. Blairgowrie High School 2013/14 school role was 857 pupils which includes transfers

The Carriage of Goods by Sea Act A case study - Free Essay Example

Sample details Pages: 13 Words: 4026 Downloads: 2 Date added: 2017/06/26 Category Law Essay Did you like this example? Introduction The law relating to the carriage of goods by sea is significantly difficult to master. In general terms, it often involves overlapping jurisdictions, which can make it difficult to ascertain the governing law of the contract, unless the law has been expressly agreed by the parties to the contract. In this case, it is clear that the Hague-Visby Rules apply, given their express designation in the bills of lading relating to the crates. Don’t waste time! Our writers will create an original "The Carriage of Goods by Sea Act: A case study" essay for you Create order Other contracts may not be as clear, and would require consideration of relevant domestic legislation in order to determine what law (and what jurisdiction) governs the terms of the agreement. This matter also presents a number of other issues, as while Cherie was a party to the contract from its formation, Tony became a party at a later stage by purchasing goods on board from Cherie, while they were in transit. All these matters will be considered in detail by this brief. This brief will firstly consider Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim, given that this claim arose from the contract, and Cherie was a party to the contract from its initial formation. The most prominent issue in this contract is the clause which specifies that the ship is not permitted to deviate from the course of the voyage, except as to save life. This brief will seek to determine whether or not this clause is enforceable in the scope of the contract. Additionally, this brief will also consider the provisions of the governing Hague-Visby Rules on this very same issue, which may serve to have Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim against O substantiated should the express term in the contract fail in its enforceability for whatever reason. This brief will also consider Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim in relation to the goods he purchased à ¢Ã¢â€š ¬Ã‹Å"afloatà ¢Ã¢â€š ¬Ã¢â€ž ¢. That is, Tony purchased the goods from Cherie while they were already in transit, without negotiating with another party in relation to shipment and similar. The terms of the contract between Tony and O are similar to that of Cherie and O, in the sense that they relate to the same goods arriving at the same destination. Thus, this brief will consider relevant principles in relation to Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to rely on the indorsed bill of lading as a subsequent party to the contract (and not a party at the formation of the original contract). In addition, this brief will also consider the relevant textual provisio ns of the governing Hague-Visby Rules relating to a shipperà ¢Ã¢â€š ¬Ã¢â€ž ¢s obligation to not deviate from the course of the voyage, except to save lives. These provisions will answer the question in relation to liability in this claim. Finally, this brief will consider the jurisdiction that these claims need to be brought. This is important, as it is very well to have the substantive basis for a claim but if a court is not competent to hear the matter on a jurisdictional basis, then no recourse can be achieved. Thus, it is important to determine the appropriate forum in order to save the claimantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ time and resources in regards to recovering any losses they are entitled to receive as a result of Oà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence or intent (if any). Thus, this brief will now cover these claims in order, beginning with Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim. Re: Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s Claim I am asked to advise Cherie in respect of the loss and/or damage incurr ed as a result of the alleged negligence of O in relation to the crates of gin, shipped from New York to London. In order to determine possible liability, it is firstly important to analyse the terms of both the bill of lading and the contract of carriage. In relation to the contract of carriage, it has been established in the facts that the contract contains a clause specifying that O is not permitted to deviate from the course, unless it is specifically required to save life. However, it has also been established that the bill of lading does not contain such a clause, thus it is important to recognise which of these two documents carries legal superiority in order to determine liability. The common law of the United Kingdom has recognised over a great period of time that the bill of lading does not necessarily constitute the contract of carriage itself, but rather merely provides evidence that such a contract exists.[1] This is displayed in the case of SS Ardennes (Cargo Owners ) v SS Ardennes (Owners) [1951] 1 QB 55, where Lord Goddard CJ held that: It is, I think, well settled that the bill of lading is not in itself the contract between the shipowner and the shipper of the goods, though it has been said it is excellent evidence of its termsà ¢Ã¢â€š ¬Ã‚ ¦[2] If one was to consider this precedent in the context of the current fact scenario, it is clear that the contract of carriage reigns supreme over the bill of lading. If this was the case, then the clause stating that O was not to deviate becomes enforceable at law, whereas the absence of any such provision in the bill of lading would make such an argument inadmissible in court. The main issue with this argument, however, is the onus of proof it provides on Cherie to prove that the terms of the bill of lading are inconsistent with the contract of carriage. While this initially seems to be an easy task, Cherie must provide proof that the contract of carriage came into existence prior to the bill of lading in order for the contract of carriage to be afforded legal superiority. The courts will generally regard the terms of the contract on the reverse of the bill of lading as excellent evidence of the terms of the contract,[3] unless the claimant can satisfy the burden of proof in order to suggest that the contract of carriage is both inconsistent and came into existence prior to the bill of lading.[4] If this evidence can be provided by Cherie, then there is every chance that the contract of carriage in enforceable in a court. Otherwise, it would appear a court would be more likely to enforce the terms present on the reverse of the bill of lading. If Cherie is able to substantiate the claim, it would appear likely that C is able to claim damages for the loss of profit as a result of the delay caused by O. This delay caused Cherie to not receive the stock in time to sell during the peak gin-drinking season in London, due to the post-exam celebrations. It is also important t o note, however, that the contract of carriage will also be governed by the Hague-Visby Rules, given that the contract of carriage provides for a bill of lading, and that bill of lading expressly incorporates the Hague-Visby Rules.[5] Additionally, the substantive provisions of the Hague-Visby Rules do not provide a defence for O to Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claims, through excluded cargo or voyages or similar provisions. As such, there is every likelihood that Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim against O will succeed, due to Oà ¢Ã¢â€š ¬Ã¢â€ž ¢s breach of contract. In summary, the situation presented in regards to Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim indicates that such a claim against O will succeed if it is presented to a court within the limited amount of time prescribed by the Hague-Visby Rules.[6] There is quite a significant burden of proof imposed on Cherie in order for the claim to succeed, however given that the facts clearly seem to be working in Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s favo ur, satisfaction of this burden of proof should not be an issue. Provided this burden of proof can be satisfied, then there is every chance that the court will see the contract of carriage (if it was enacted prior to the bill of lading) as enforceable, and thus will most likely hold O accountable for the loss incurred by Cherie as a result of the delay, which was in breach of the contract of carriage (but not the bill of lading). The Hague-Visby Rules also provide for a prohibition on deviation unless it is à ¢Ã¢â€š ¬Ã‹Å"reasonableà ¢Ã¢â€š ¬Ã¢â€ž ¢, which this case does not appear to be. This will be discussed in more detail below in Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Claim;[7] however the facts seem to indicate that O is liable regardless of whether or not the original contract is enforceable. Re: Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Claim I am also asked to advise Tony in relation to the loss of goods incurred as a result of the alleged negligence of O, due to their attendance at the reggae music festival in Haiti. Given that it was O who deviated from the initial course of the voyage, and it was also O responsible for the general upkeep and security of the ship, it is only reasonable that Tony seek to recover his loss from O, even though Cherie was the party who sold the goods to Tony. The common law of the UK has dealt with the concept of a third party having rights to the original contract of carriage upon the bill of lading being endorsed to them.[8] This raises the question then as to whether Tony can rely upon the original contract of carriage between Cherie and O which provided that O was not permitted to deviate from the course of the voyage, unless it is necessary to save life. Statutory law would suggest that this contract could be relied upon by Tony, which states that Tony has all the rights of suit against the bill of lading à ¢Ã¢â€š ¬Ã…“as if he had been a party to that contractà ¢Ã¢â€š ¬Ã‚ .[9] However, this seems to be inconsistent with the common law, which states: à ¢Ã¢â€š ¬Ã‚ ¦it may be true that the contract of carriage is made before [the bill of lading] is given because it would generally be made before the goods are sent down to the ship; but when the goods are put on board the captain has authority to reduce that contract into writing; and then the general doctrine of law is applicable by which, where the contract has been reduced into writing, which is intended to constitute the contract, parol evidence to alter or qualify the effect of such writing is not admissible, and the writing is the only evidence of the contract.[10] This presents problems in relation to Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim, as it highlights inconsistency in the law. Essentially, the common law suggests that any contract negotiated between the original parties is inadmissible under the parol evidence rule, which would mean that Tony would be unable to rely on the à ¢Ã¢â€š ¬Ã‹Å"not to deviateà ¢Ã¢â€š ¬Ã¢â€ž ¢ provision of the original contract of carriage, thus would not be able to hold O accountable for the loss incurred as a result of the delay. Yet statutory law suggests that Tony is entitled to exercise all legal rights to the contract as though he was a party to the original contract, which would mean that he in fact could hold O accountable for the loss. The resolution of this problem requires the application of common sense. The common law presented is significantly outdated, whereas the statutory law came into effect in 1992. Thus, it must be concluded that the statutory law has more binding effect than the common law. Therefore, as a result, it can only be concluded that Tony has the right to rely upon the original contract of carriage between Cherie and O, thus is able to exercise the à ¢Ã¢â€š ¬Ã‹Å"not to deviateà ¢Ã¢â€š ¬Ã¢â€ž ¢ clause at law. In summary, the substantive issues of Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim are essentially similar to that of Cherie. Due to Oà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence; approximately 50 crates of gin were stolen. Under the Hague-Visby Rules (whether or not the à ¢Ã¢â€š ¬Ã‹Å"not to deviateà ¢Ã¢â€š ¬Ã¢â€ž ¢ clause was enforceableà ¢Ã¢â€š ¬Ã¢â€ž ¢), the carrier has an obligation to carefully à ¢Ã¢â€š ¬Ã…“load, handle, stow, keep, care for and discharge the goods deliveredà ¢Ã¢â€š ¬Ã‚ .[11] Thus, it is clear that O is liable for the stolen crates, and must pay damages accordingly. With regard to deviation, whether or not the original contract is enforceable, the Hague-Visby Rules expressly prohibit deviation unless it is à ¢Ã¢â€š ¬Ã‹Å"reasonableà ¢Ã¢â€š ¬Ã¢â€ž ¢.[12] Thus, it would appear that O is liable for Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s loss in any event. Jurisdiction of Claims Given that the port of shipment is New York, it would be reasonable to conclude that a US court has jurisdiction to hear these claims by both Tony and Cherie. This is evidenced by the fact that the Carriage of Goods by Sea Act 1971 (UK) does not provide for the application of UK law , given that the port of shipment is not a UK port.[13] Additionally, the US Carriage of Goods by Sea Act 1936 provides it to apply where a contract of carriage is undertaken between ports of the US and foreign ports.[14] This may preclude the operation of UK statutes mentioned above, but does not necessarily preclude the operation of the common law where those cases have addressed the Hague-Visby Rules. Conclusion In relation to this matter, it appears that both parties are able to substantiate claims against O, and thus retrieve any losses they incurred as a result of Oà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct in delivering the goods. Both parties entered into a contractual arrangement with O to have the goods delivered to London from New York, they merely entered into this agreement in different ways. Cherie incurred significant losses as a result of the delay, which was caused by O deviating from the course of the voyage to visit Haiti, where a reggae music festival was taking place. As a result, Cherie missed the peak season for selling the gin, which was the main rationale behind the contract in the first place. In addition to Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s loss, Tony also incurred the same loss as a result of the delay, while also having a number of crates stolen from the ship in Haiti due to the crewà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence to secure the load against theft while attending the festival. According to the relevant legal principles that were discussed above, it would appear that Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim against O can be substantiated. This argument is two-pronged. Firstly, Cherie is entitled to rely on the express contractual provision that O was not permitted to deviate from the course of the voyage, except to save life. In addition to this, the governing Hague-Visby Rules also provide that O was not permitted to do so. Thus, not only does the not-to-deviate clause form an express term of the contract, it is also implied through application of governin g law. As a result, O is liable to Cherie for the loss of goods incurred as a result of the delay. Additionally, O may also be liable for damages for loss of profit as a result of their conduct. Also based on the facts, it is clear that the substantive issues of Tonyà ¢Ã¢â€š ¬Ã¢â€ž ¢s contract are essentially similar to Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s. The case law discussed above does not appear to allow Tony to rely on the terms of the contract in the same way that Cherie was able to, thus reference must be given to other relevant legal principles, such as governing law. In addition to this, given that it has been established that the jurisdiction of the case is the United States, there would be no scope to seek the application of the UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s Carriage of Goods by Sea Act 1992, which would then grant Tony the same rights as Cherie to the contract. Given this fact, it is clear that Tony must rely upon any relevant provisions of the governing Hague-Visby Rules in order to substantiate a claim against O. This was already discussed in Cherieà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim, and it was established that the Hague-Visby Rules provide for the same not-to-deviate clause that is specified in the contract, and hence Tony can rely on this in order to mount his claim. Thus, according to the law, O would be laible to Tony not only for the profit lost as a result of missing the peak gin-drinking season, but also for the crates that were stolen from the ship as a result of the crewà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence while partying in Haiti. Research Report In preparing this report, I consulted a number of sources. I initially consulted the most up to date hard copy sources I had access to in my library, which I found was a 2007 edition of Girvanà ¢Ã¢â€š ¬Ã¢â€ž ¢s Carriage of Goods by Sea. This had the most up to date law, but was essentially written from a UK perspective, which made it difficult to fully gauge the international impact of this fact scenario. As such, I then consulted an Australian book, written by Moens and Gillies, which I know by reputation provides a very broad look at issues relating to international trade. I then backed up this diverse research with another book, written by Debattista, which may serve to fill in any gaps that the other two books may have had. Girvanà ¢Ã¢â€š ¬Ã¢â€ž ¢s book proved to be the most efficient, covering the main issues of deviation, as well as providing a deep insight into the operation of the Hague-Visby Rules, and the relevant domestic legislation relating to jurisdiction. It was Girvanà ¢Ã¢â€š ¬Ã¢â€ž ¢s book that helped me to conclude that the United States was the most appropriate forum to entertain both claims, due to the operation of its domestic law. It discusses United States law in a limited capacity by comparison to English law, however the American sources it discusses were quite valuable, and allowed me to draw reasoned legal conclusions based on the evidence presented in the book, in conjunction with research from other sources. I also consulted LexisNexis to provide a number of cases in relation to negligence and deviation; however I was not able to find any significant cases that proved to elaborate upon the ideas presented in the books I found. This general search was performed by entering à ¢Ã¢â€š ¬Ã…“hague visby rulesà ¢Ã¢â€š ¬Ã‚  into the search dialogue box. A number of cases appeared in the search, but no directly relevant cases were found by this approach. I did use LexisNexis to find the full text of the cases mentioned in the books, which allowed me to draw my own conclusions from the information presented in the books, free from any influence from the authorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ ideas. This was done by entering the relevant party names into an international law search or domestic law search, as was relevant at the time. I found this to be the most efficient way of conducting my research, as the books helped to guide me in the right direction, while I still had to use my own legal research and reasoning skills to apply the law to the facts situation. Online sources are difficult to consult where one has little grounding in the jurisdictional or substantive issues of the case, thus I was determined to not use them until I grounded myself in these concepts. I felt there was little point in clouding myself with a jumble of legal jargon which appeared to serve no value until I had an idea as to how to approach it, which is why the hard copy sources I consulted where valuable (some more so than others). Generally, I found it significantly difficult to locate a number of materials initially, given that I was unfamiliar with what legislation and case law to consult. This was predominantly due to me not knowing what jurisdiction I needed to refer to in detail (i.e. should I consult UK sea carriage law, or should I concentrate on that of the United States?). This became a question that could only be answered as I was answering the brief itself. Thus, I had to make a decision to get some general guidance from the UK sources, which also contained information on the international rules, such as the Hague-Visby Rules, but this information was significantly limited to how it related to the UK context, which was not necessarily appropriate to such a question which seemed to have overlapping jurisdictions. As previously mentioned, the best source for this initial guidance was the book by Girvan, as it covered all bases in regards to a basic introduction to the salient points of law. It was difficult for me to consult any online sources without first grounding myself in the relevant international law first, as I was unclear what jurisdiction I should specifically be concentrating on. The English cases in Girvan also gave a good indication to how the domestic courts tend to interpret international provisions when they are the subject of their jurisdiction, which allowed general conclusions as the applicability of various international provisions. It does discuss the Hague-Visby Rules, but in a limited context. Thus, after consulting Girvan it was best for me to familiarise myself with the full text of the relevant sections of the Hague-Visby Rules, given their significance to the current matter. This was in conjunction with various cases that I discovered in LexisNexis, and I will discuss my processes in more detail below. As previously mentioned, I also had to consult the full text of the Hague-Visby Rules, as the books were somewhat reluctant to provide the full text. This was beneficial, as not only did I again have to apply my legal research skills, but I also had to draw my own conclusions based upon the à ¢Ã¢â€š ¬Ã‹Å"rawà ¢Ã¢â€š ¬Ã¢â€ž ¢ law. However, I was able to use LexisNexis to see what cases applied specific provisions of the law, in order to seek elaboration on points I was not completely clear about. While I did not necessarily refer to these in the text of the essay, I wa s able to gauge the context that the text actually meant, which ensured that I applied an approach that was consistent with the judicially-acceptable approach. Thus, overall I was able to provide a well-rounded piece which applied only the key relevant points, ensuring it adequately addressed the question, while also applying the correct law in force at this current point in time. I would recommend this approach to others, as it gives one a good grounding in this area of law, while also ensuring that oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s own legal skills develop in the process, without having to rely solely on the ideas of others. Bibliography Books Debattista, C, The Sale of Goods Carried by Sea (1998, 2nd ed), London: Butterworths Girvan, S, Carriage of Goods by Sea (2007), London: Oxford University Press Moens, G, and Gillies, P, International Trade and Business: Law, Policy and Ethics (2006, 2nd ed), Sydney: Cavendish Legislation Carriage of Goods by Sea Act 1936 (US) Carriage of Goods by Sea Act 1971 (UK) Carriage of Goods by Sea Act 1992 (UK) Cases Crooks v Allen (1879) 5 QBD 38 (CA) Leduc v Ward (1888) 20 QBD 475 (CA) Moss Steamship Co v Whinney [1912] AC 254 National Jaya (Pte) Ltd v Hong Tat Marine Shipping Pte Ltd [1979] 2 MLJ 6 Playing Cards (M) Sdn Bhd v China Mutual Navigation Co Ltd [1980] 2 MLJ 182 SS Ardennes (Cargo Owners) v SS Ardennes (Owners) [1951] 1 QB 55 Stag Line v Foscolo, Mango Co Ltd [1932] AC 328 1 Footnotes [1] See Crooks v Allen (1879) 5 QBD 38 (CA), 40; Moss Steamship Co v Whinney [1912] AC 254, 264. [2] SS Ardennes (Cargo Owners) v SS Ardennes (Owners) [1951] 1 QB 55, 59-60 (Lord Goddard CJ). [3] See, for example, National Jaya (Pte) Ltd v Hong Tat Marine Shipping Pte Ltd [1979] 2 MLJ 6. [4] See, for example, Playing Cards (M) Sdn Bhd v China Mutual Navigation Co Ltd [1980] 2 MLJ 182 where an attempt to overcome the burden of proof failed. [5] Hague-Visby Rules, art I(b). See also Carriage of Goods by Sea Act 1971 (UK), s 1(4) relating to the application of the Rules to contracts of carriage where the contract provides for a bill of lading to be issued. [6] Hague-Visby Rules, art III(8) prescribing a period of twelve months to bring a suit. [7] Hague-Visby Rules, art IV(4). [8] Leduc v Ward (1888) 20 QBD 475 (CA). [9] Carriage of Goods by Sea Act 1992 (UK), s 2(1). [10] Leduc v Ward (1888) 20 QBD 475, 479 (CA). [11] Hague-Visby Rules, art III(2). [1 2] Hague-Visby Rules, art IV(4). The general test for this rule is provided by Stag Line v Foscolo, Mango Co Ltd [1932] AC 328, 343-4, which provides that a deviation may be reasonable in situations where it is made in the interests of the ship or the cargo, or where an emergency required the ship to deviate. [13] Carriage of Goods by Sea Act 1971 (UK), s 1(3). [14] Carriage of Goods by Sea Act 1971 (US), see 46 USCA 1310.