Money Motivates People More Than Any Other Factor at the Work Place

By all means yes, money definitely plays a major part in motivating human resource, as far as motivation factor is concerned, that too in the work place. It is only the need for the money, that makes people work, either it be for a thousand rupees or lakhs or corers, quantity doesn’t matter, but it is THE motivating factor. If there is plenty and more than sufficient any one would hardly want to work.It is definitely a point that, there are other factors such as, you feel proud when you work for a reputed company, you feel better at place where the work environment is better, your chest would go wide, when you know, you are working for a great or noble or innovative cause, but, when you don’t have enough to meet your needs, you definitely give priority to money first and work at a place, where you are paid more.So, it would not be wrong to say, that money definitely becomes the first priority and is the motivating factor to work, People pay more attention to work when t heir needs are met and when they are comfortable, they have a sense of commitment, when they know that the company they are working for bothers about them and their needs, they develop a sense of respect and love towards such a organization or company or people they are working for. So, money is the motivating factor at the work place and has a lot of influence on the people who are working.

Out Stealing Horses Imagery Essay

Imagery is often used to place a reader into an experience with the usage of words, it allows the reader to create their own picture in their mind, allowing them to experience the five senses such as sight, smell, touch, hearing and taste that lead to visual imagery, olfactory imagery, tactile imagery and gustatory imagery. Throughout Per Pettersons â€Å"Out stealing horses†, a great amount of water imagery is used in different forms such rivers, lakes, and rain. Water is often used to represent a turning point in a novel in literature, it is known to represent change and life. The flashbacks that Trond has in the novel are very descriptive; he remembers the little details about his past that indeed had a great influence towards him, especially the summer of 1948. As he recalls it, we learn about his personality being a man who is very reflective, an introvert that carefully observes the little details and had gone through tragedies since his childhood. He has now reached an old age, and settled in a peaceful rural area, starts to reminisce his past and try to gain a better understanding of it. At times, the imagery he uses foreshadows the events that follow up. For example, in chapter two of the novel, during his outing with Jon, before the strange events that follow, he states â€Å"I think I was unconscious for a few seconds, because I remember I opened my eyes as if to a new beginning†. This â€Å"new beginning† really does occur. Tronds personality is brought out by Per Pettersons use of careful use of imagery present in the book. For example, his dramatic and detailed descriptions show the sort of person Trond is. His perspective of the things he sees around him as he grows up brings out the way he is. A lot of the information about the characters is gained through their actions, not their dialogue. In fact, the book has a lot more imagery compared to dialogue. It can be seen that when dialogues are used, it is only when truly necessary. An example of when dialogues are used is when Tronds daughter asks him if she had preferred it if she hadn’t come and left him in peace instead. This particular conversation is important in showing the person Trond had become after all the circumstances that had taken place in his life. It shows where he has finally reached at that point. A lot of the imagery describes water elements. Perhaps the intensive imagery used to describe water bodies are due to the reason that they express a very important part of his childhood. Water has a variety of symbolic meanings. It is universally said to represent change and is often used in turning points of stories. Also, it might represent life and death. This can be proven by how it had been raining heavily, the current of the river very strong, during the turning point of the story when Odd had got shot unintentionally. Water also represents purity. The river is one of the main elements described in the book using a variety of imagery. We learn that Trond and Jon had to take a boat across a river to get across, away from the cottage and towards Barkald’s field where they would â€Å"steal horses†. These bodies of water may symbolize life and vitality. For example, the river will always flow, just as how time and life always goes on as well- regardless of circumstances. He uses the river as a place where he can think and analyse moments in his life, symbolizing peace or the need for it. A variety of types of imagery is used by Per Petterson to describe this, mostly though of auditory, visual and olfactory imagery. An example of a combination of auditory and visual imagery used is, â€Å"Behind him, the river rushed down the rapids, its tone unchanging as far as he could tell†¦ and even if its not possible to recognize the water from the way it flows.. â€Å" The river really does indeed play a significant role in his life. During the times when Trond feels happy the river is described in a good light, for example, in chapter 4, the following imagery was used. â€Å"The sun was right in the south and there was hardly a shadow in the valley, the river, sparkling, wound its way along, and we could hear it.. † Trond also describes the river when he is nervous and upset. One example of this could be during the night of that summer when he had noticed that his father was not in bed. During this night it had also been raining, symbolizing the frustration and turn of events that are going to come. The line is â€Å"The water flowed more swiftly now after the drenching rain, running higher up the boulders along the banks, and it swelled up†¦. the river running was the only sound I heard. † A river that flows fast may represent strength, this may be strength in a negative way. It may be considered as a foreshadowing to what was next to happen in the novel, Tronds father leaving him. Another symbol the river might hold is as a barrier. In one instance, Trond sees his dad kissing Jons mother. He did not seem to know what to think about it and had felt his â€Å"head almost bursting with emptiness†. It may show how Trond did not completely know his father, which is especially true with how he did not know the truth in what his fathers’ occupation was. He states â€Å"the river was the same, yet somehow altered, and that too, was how my father seemed to me when I thought of the stories Franz had told me about him†¦Ã¢â‚¬  This may also represent love and emotions. During the retirement time in Tronds life, he had reflected upon his life by sitting in front of swan lake. This is another element presented in the book. He had said â€Å"But now it is still dark, and I can sit here by Swan Lake thinking about whatever I choose. † This brings out the personality of Trond, especially his reflective nature. It can be compared to water itself, which also has the ability to reflect. The lake, being a relatively serene body of water represents peace. This may also show Tronds search for inner peace, especially since he is already of old age. The novel also holds a variety of different imagery contributing towards the events and feelings Trond went through. This ranges from imagery describing the sun, trees, sky, and overall, the whole surrounding. Per Petterson describes these using detailed explanations of auditory, olfactory, tactile and gustatory imagery. Feelings are shown through the imagery he uses. For example, the auditory imagery he uses when he went out stealing horses, the anxious and excited tone, is brought out through the following line, â€Å"the vibration in the tree grew stronger and the sound of the hooves filled my head†. Another example to prove this is that when he gets nervous and scared, he describes the sound to be very disturbing. This is shown in the instance when he got injured when he was out with Jon. The auditory imagery used is â€Å"I heard a whinny and the thundering sound of hooves and it all came back like a whirring boomerang†. The book revolves around a great use of imagery that stimulate the senses of the reader and allows the reader to end the book feeling like he/she may have already known Trond for all their life. The element of water especially, does play a great significance in the novel.

Anne Frank Remembered

My paper is on Anne Frank remembered. A little about Anne Frank she is one of the most discussed Jewish victims of the Holocaust. Her diaries are very famous for many reason one that it tells about life during the holocaust and how she was able to survive as a little girl. Her diaries are a look at the holocaust it is an aspiration for many. As I watched the film I could feel the struggles that Anne Frank was going through and I find her courage during the times to be uplifting the more that I watched the documentary the more that I feel like I was there with her feeling her pain and just in all her courage. Anne Frank was the hope of all the people during that time and holocaust. The documentary explained how the Germans had occupied Holland and how some of the people in Holland was hidden away in some of the houses of friends and allies. One of the people that was hidden away in opekta was Anne frank and her family it mentioned that Anne frank was called upstairs because people wanted to hide in the house and asked her what she thought. Anne Frank was offered a job by the boss of the house of cooking she was asked if she was able to cook a certain dish and she had said yes and so she was giving the job of cooking for the house. She was giving more jobs and responsibilities in the house and was trusted by her boss.

Analytical report Term Paper Example | Topics and Well Written Essays - 500 words

Analytical report - Term Paper Example Numerous countries in the world do not use the floating exchange rate system due to its fluctuating nature. However, in this situation, it would be best for the small country to use this system since it has more positives than negatives when it comes to growth. The recommendations in favor of this system and some of its disadvantages are discussed below. One of the main advantages of this type of system is the fact that there is an automatic balance of payment adjustments. This means that if there is disequilibrium in the balance of payments, it is normally be corrected by changes in the exchange rate system. This means that if a country has disequilibrium in the balance of payment, then it means that the currency would have to decrease in value. First of all the disequilibrium is brought forth by the fact that the exports outweigh the imports in terms of supply. Therefore, the local currency would be greatly supplied in the foreign market (Bized, 2011, para. 4). This would drive the value of the local currency down and would mean that the imports would be made more expensive and the exports cheaper. This would lead to an automatic increase in demand for the exports which would ultimately result to a balance of payment adjustment. The other main advantage of this type of system is that it frees the internal policy. This means that t he balance of payment is usually rectified when there is disequilibrium by a change in the external price of the local currency. This is as opposed to a fixed exchange rate system in which if there is disequilibrium it means that there is the need to cause a general deflationary. This deflationary could result to the general unemployment of the citizenry. The other main advantage of this type of system is that the country would be free from economic crisis but not completely as money is usually

African Americans Essay Example | Topics and Well Written Essays - 1250 words

African Americans - Essay Example In the short story â€Å"Drinking Coffee Elsewhere†, Dina is an African American student admitted to the Yale University, which by itself is a great achievement considering her neglected upbringing. Her metamorphosis is evident from the way she is portrayed in the beginning of the story as a somewhat timid character, while towards the end of the story, she is characterized as an independent minded person who is willing to speak her mind freely. Initially, even though life seems to be going well for her, she is battling to cope with her white elitist environment as a young African American. The story is able to highlight Dina’s ongoing struggles and her self-discovery process. It is seen how throughout the story, Dina has to put up a fight to maintain her integrity in the face of racial discrimination and finding a name for herself. In a world where racial equality is unheard of, she still manages to admit herself into Yale. Additionally, towards the end, she even befrie nds Heidi, who is a white lesbian young woman. This is proof of her growth. The short story â€Å"Every Tongue Shall Confess†, also highlights the metamorphosis of another young African American woman known as Sister Clareese. Just like Dina, she is struggling with her own life experiences which eventually shape the way that she perceives herself and others. Sister Clareese is not only a devout member of her Pentecostal Church, but she is also a nurse which makes her stand out above the ordinary women in her community.

Humanism in Traditional Chinese Religion Essay Example | Topics and Well Written Essays - 250 words - 189

Humanism in Traditional Chinese Religion - Essay Example Humanism is an important part of Chinese religion and focuses on responsibility and individual moral autonomy. Humanism supposes that, if the society could each hand over accountability for making ideal moral decisions then the religion would be integral to human ideology. In this regard, the argument that Chinese traditional religion focuses on humanism is partly factual. Humanism insists every individual that is part of the religion ultimately take accountability for making moral judgments. Likewise, humanism offers a clear foundation that usually fancies evidence (empiricism, rationalism) and rationalism over conventional faith (fideism) or doctrine, making it from an important part of Chinese religion. As exemplified in the paper, the argument that Chinese traditional religion focused upon humanism is factual. Humanism roots in Sinjiao, which is an integral part of Chinese traditional religion. It focuses on responsibility, individual moral autonomy, and accountability that is a significant part of Chinese traditional religion.

Islamic Finance Law Dissertation Example | Topics and Well Written Essays - 1500 words

Islamic Finance Law - Dissertation Example The paper would therefore be analysing the role of Islamic finance in the fast transforming environment of global economy with the view that it has brought in more radical but ethical paradigms within financial system of contemporary times. Historical background The Ottoman Empire in the pre WWI era has perhaps been the most prominent exponent of using tenets of Islamic finance in their trade and business transactions. The close trade relationship with their European counterparts, Islamic finance was closely aligned with that of European financial system. The system worked on the basis of sharing of profit and loss (Chachi, 2005). But post WWI and WWII brought into focus the divergent ideologies of two financial system into sharp focus. While the western economy and financial system was based on interest bearing instruments, Islamic finance was rigidly guided by the religious tenets of Islam which forbids transactions based on interests or gains made through unethical means (Ahmad, 1 972)). In the contemporary times, Islamic finance has seen unprecedented growth primarily because of its fundamental principles based on Shariah guidelines (Anwar, 2008; Sundararajan & Errico, 2002). Principles of Islamic law and financial transactions under it Islamic finance is based on Islamic law that conforms to the Shariah guidelines of ethical practices in personal and business arena. Thus, Shariah can broadly be referred as Islamic law that defines the duties of man and the way they should be carried out (Vogel & Hayes, 1998; Hasanuzzaman, 1997). Shariah is part of Quran, the religious scripture of Muslims and is written in Arabic language. The interpretation of Shariah scholars therefore, may differ but the fundamental principle of ethics remains same. But Hadith, qiyas, idjma and fatwas are also key sources which inspire the ethical and moral considerations within the business transactions in Islamic finance (El-Gamal, 2006; Shahrukh, 1997; Pryor, 1985). Shariah principles are based on equity and prohibit financial transactions and activities that incorporate gharar (uncertainty), maiser (gambling) and riba (interest income) (Thomas, 2005; Nienhaus, 1986; Hasanuzzaman, 1994). The shariah compliance is vital element of Islamic finance products. Interestingly in the current times of highly sensitive global market, Islamic finance offers huge incentives in terms of ethically delivered financial instruments in myriad areas of finance (Venardos, 2005; Cooper, 1997; Ariff, 1988). It has made forays into banking, market risks and credit, insurance, liquidity management etc. and is fast emerging as credible alternative investment forum. Main Sharia compliant transaction structure and how they are used in practice All Islamic financial institutions are distinct in their constitution of board that comprises of financial experts and shariah scholars who evaluate the validity of financial instruments as per shariah principles. It uses various financial structure s that conform to shariah but at the same time, adequately meet the needs of people in the contemporary times (Hasanuzzaman, 1971; Saeed, 1995). Some of those financial methodologies can be defined as under: Zakah: It is vital instrument that promotes social justice by ensuring that people who own more than nisab (basic need) must make donation of 2.5% of their yearly assets. The social funds are used to meet the needs of the poor. Murabaha:

Pluralism Essay Example | Topics and Well Written Essays - 2500 words

Pluralism - Essay Example de Silva, in his article 'Elements of Sound Industrial System', published in International Labour Organisation, ACT/EMP, says "A sound industrial relations system is one in which relationships between management and employees (and their representatives) on the one hand, and between them and the State on the other, are more harmonious and cooperative than conflictual and creates an environment conducive to economic efficiency and the motivation, productivity and development of the employee and generates employee loyalty and mutual trust.1" Industrial relations were not static, but altered with social, economical and political changes and went through many phases. The first one came under the guise of Communism, initiated by Karl Marx, practised by communist countries and it focussed on totalitarianism, not pluralism. After many decades of absolute success in all communist countries, it spread to other democratic and capitalistic countries, in the form of unions, who could negotiate on behalf of workers, depending on the circumstantial influences. In his paper 'The Changing Focus of Industrial Relations and Human Resource Management, presented at ILO Workshop on employers' Organisations, in April 1997, Sriyan de Silva says "Industrial relations in countries, sub-regions and regions, have been influenced by a variety of circumstances and actors such as political philosophies, economic imperatives, the role of the State in determining the direction of economic and social development, the influence of unions and the business community, as well as the legacies of colonial governments2." In non-communist countries, it slowly evolved into pluralism, worker's democracy, according to the prevailing ideologies of the land, as totalitarianism could not survive in free societies. With the collapse of Communism in USSR, totalitarianism anyway came to an end and unions lost their ultimate power. Even in erstwhile communist countries, unions now are practising more of pluralism today, because capitalist countries have won the ideological war, and these countries are trying to walk towards democracy and freedom. Unions, in their heydays, were not always easy to deal with and all their demands could not be termed as fair and logical. They were more feared than respected. They forced the government intervention on many occasions. "They had the potential to do serious damage to industry and the economy if the need arose, one reason why the government could not remain aloof from industrial relations, especially later in the period," Aldcroft and Oliver (2000, p.9). One of the greatest achievements in industries in the last four decades is the introduction of Human Resource Development, which, to some extent, obliterated pluralism by overtaking the union role. S.R. de Silva, in his paper 'Elements of a Sound Industrial Relations System' published in International Labour Publications, reiterates, "The present trend in labour relations and human resource management is to place greater emphasis on employee involvement, harmonious employer - employee relations and mechanisms, and on practices which promote them. One of the important consequences of globalization and intense competition has been the pressure on firms to be flexible3." After ruling for almost three decades, pluralism and industrial democracy, with the advancement of globalisation and multi national companies, have become quite irrelevant today and this was predicted by

Green Politics Essay Example | Topics and Well Written Essays - 1500 words

Green Politics - Essay Example Green politics began its earliest cruise in the form of the Green Party that was formed in 1980. This party began as a third party that follows a broad political ideology of global justice and preservation of the ecology. This was followed by a worldwide spurt of similar green parties. In Australia, the same decade saw the birth of the Green Australia Party. It came from the Franklin River Dams campaign during the 1980s which proposed to address issues like peace and democracy at the grassroots level. (www.wikipedia.com) Britain soon followed suit with environmental politics high on its list of priorities. With a formal panel of 'green' advisors, Britain's green political movement has addressed issues that basically have to do with the environment more than anything else. Meanwhile, in Canada, the Green Party of Quebec took off in the 1980s to address issues like ecological preservation and other issues in the same vicinity. (www.wikipedia.com) These parties have made a point in a world where limited resources and unchallenged use of the same are coming under fire. They have managed to have a representation in governments apart from drawing attention to causes in the form of a place of priority on worldwide agendas. (www.wikipedia.com) One of the most basic features of green politics that makes it neithe... Foresight helps a green politician perform in accordance with issues that will influence the times to come for at least seven generations. Free of alignments that could tie it down in terms of leftist or right hand ideologies, green politics is that form of politics that creates the vision for furthering causes and catering to a more wholesome humanitarian purpose. By making use of foresight more than anything else, green politics helps in a global integration of goals and results. (Hawkins, 2006) Globalization Another important feature of green politics lies in its ability to combine global issues on a very global platform. Through its efforts to secure representation in national governments, green politics seek to address global issues rather than focus merely on national ones. Globalization is a real phenomenon that is fast combining the collective conditions of economic interests, peace efforts and other such endeavors that put issues on the map and help find solutions that will benefit the entire world. With an increase in the phenomenon known as globalization and the wide use of technology as a complementary feature, human society has changed and the needs have increased manifold. Changes in the political, economical and cultural arena have challenged and effected alterations within various professions. The autonomy of nation states and political parties has been under challenge because the global arena has tried to decrease it so to reduce their power and status. Also, trust has been replaced by target setting accountability as client-professional interactions have been limited in order for services and companies' profits to be increased. Finally, all these changes have affected and put under challenge international politics. This is further

Emotional Intelligence Essay Example | Topics and Well Written Essays - 750 words

Emotional Intelligence - Essay Example From the traits, it is evident that emotional intelligence is vital for success in an organization. Businesses are changing daily and high competition is played to be on top of the business, which requires a manager who would use emotional intelligence to understand the workers for successful achievements of set goals. According to Lazovic, the business can achieve better results if they are close enough to identify and solve issues relating to emotional responses in the work place. Leadership skills can be enhanced by emotional intelligence, which can lead to achievements of reasonable production in the firm if the management practices best emotional intelligence by relating well to the workers in the firm and understanding their emotions and using them to manage conflicts arising. In addition, communication between the employer and employees is improved because the heads of the company would be able to understand emotions undergone by employees. The employers will have faith in the ir managers and hence increase teamwork between the managers and the lower ranked workers in the company. Additionally, teamwork achieved from trust between managers and employees will increase and improve innovation because of the combination of more work forces with different intelligence. Emotionally intelligent employees who are in charge in an organization will maintain good working relationships with each other on sharing ideas, being responsible and working together. They would also be able to create teams who are aware of emotional intelligence. ... Businesses are changing daily and high competition is played to be on top of the business, which requires a manager who would use emotional intelligence to understand the workers for successful achievements of set goals. According to Lazovic (798), the business can achieve better results if they are close enough to identify and solvs issues relating to emotional responses in the work place. Leadership skills can be enhanced by emotional intelligences, which can lead to achievements of reasonable production in the firm if the manager practices best emotional intelligence by relating well with the workers in the firm and understanding their emotions and using them to manage conflicts arising. In addition, communication between the employer and employees is improved because the heads of the company would be able to understand emotions undergone by employees. The employers will have faith in their managers and hence increase teamwork between the managers and the lower ranked workers in t he company. Additionally, teamwork achieved from trust between managers and employees will increase and improve innovation because of the combination of more work forces with different intelligence. Emotionally intelligent employees who are in charge in an organization will maintain good working relationships with each other on sharing ideas, being responsible and working together. They would also be able to create teams who are aware of emotional intelligence. Team members in organization who are emotionally intelligent would be able to apply the attributes of emotional intelligent. For example, they would possess self-awareness traits, which is recognition of self-emotions and the way such emotions can have an impact on us. With regard to this, members will

Manila Motor Company Essay Example for Free

Manila Motor Company Essay In May 1954, Manila Motor Company filed in the Municipal Court of Manila a complaint to recover from Manuel T. Flores the amount of P1,047.98 as chattel mortgage installments which fell due in September 1941. Defendant pleaded prescription:chanroblesvirtuallawlibrary 1941 to 1954. The complaint was dismissed. On appeal, the Court of First Instance saw differently, sustaining Plaintiff’s contention that the moratorium laws had interrupted the running of the prescriptive period, and that deducting the time during which said laws were in operation — three years and eight months 1 — the ten-year term had not yet elapsed when complainant sued for collection in May 1954. Wherefore said court ordered the return of the case to the municipal judge for trial on the merits. Defendant appealed. Issue: Whether or not the moratorium laws did not have the effect of suspending the period of limitations, because they were unconstitutional, as declared by this court in Rutter vs. Esteban, 49 Off. Held: In Montilla vs. Pacific Commercial SC held that the moratorium laws suspended the period of prescription. That was rendered after the Rutter-Esteban decision. It should be stated however, in fairness to Appellant, that the Montilla decision came down after he had submitted his brief. And in answer to his main contention, the following portion is quoted from a resolution of this Court. Rutter vs. Esteban (93 Phil., 68) may be construed to mean that at the time of the decision the Moratorium law could no longer be validly applied because of the prevailing circumstances. At any rate, although the general rule is that an unconstitutional statute  Ã¢â‚¬â€Ã¢â‚¬Ëœconfers no right, creates no office, affords no protection and justifies no acts performed under it.’ (11 Am. Jur., pp. 828, 829.) There are several instances wherein courts, out of equity, have relaxed its operation (cf. notes in Cooley’s Constitutional Limitations 8th ed., p. 383 and Notes 53 A. L. R., 273) or qu alified its effects ‘since the actual existence of a statute prior to such declaration is an operative fact, and may have consequences which cannot justly be ignored’ (Chicot County vs. Baster, 308 U. S., 371) and a realistic approach is eroding the general doctrine (Warring vs. Colpoys, 136 Am. Law Rep., 1025, 1030).† Judgment affirmed, without costs.

Contracts and Negligence Assignment Essay Example for Free

Contracts and Negligence Assignment Essay Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract occurs where just one person makes a promise open and available to anyone who performs the required action. For example: â€Å"collecting the reward such as  £100 for a lost document or pet† is unilateral contract. Figure 2 Source: http://www.images.123.tw/unilateral-contract/ The above shows only one side promises Contract can also be oral or written. Furthermore in order for a contract to be valid the offer and acceptance criteria must be met. The lawfully acceptable method for a contract to be binding is illustrated in the diagram below. This is known as Formation of Contract. Figure 3 Source: (www.laws1008.wikispaces.com) A Contract comprises of six important elements before it becomes valid and these are; Offer, Acceptance, Consideration, Intention to create Legal relation, Certainty and Capacity. If a single one of elements mentioned above is missing, the agreed contract will become illegal. The main elements are explained below: Offer: This is the first element in a valid contract. According to Peel (2010) an offer is â€Å"an expression of willingness to contract on specified terms, made with the intention that it becomes binding once it is accepted by the person to whom it is addressed†. An offer must be communicated and should be explicit. The person putting up the offer is referred to as offeror whilst the individual who receives the bid (offer) is referred to as the offeree. However, an offer must be distinguished from invitation to treat. There are two cases to be considered here. One case is Gibson v Manchester City Council (1979) Mr Gibson was sent a letter that informed him the council ‘may be prepared to sell the property to him for  £2,180 freehold†. The City Treasurer stated in his letter that â€Å"This letter should not be regarded as firm offer of a mortgage†. Included in the letter was the instruction on how to complete and return the enclosed application form to make a f ormal request to purchase the property. Mr Gibson did as he was requested but  because of unanticipated change in political leadership of the council, the proposed action to sell houses to tenants was changed and Mr Gibson was notified accordingly that it would no longer be possible for him to buy the house. Initially the Court of Appeal affirmed there was a binding contract between the the council and Mr Gibson but the verdict got over ruled on appeal to the House of Lords. The outcome of the judgement states that the first note forwarded by the Council was not an offer to sell rather it is an invitation to treat and further stated Mr Gibson did not accept an offer instead made one when he sent his completed requisitioned form. However, in an identical case of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was forwarded an ‘Agreement for Sale of a Council House’ form which he signed and posted it back to the Council. The council received his reply before the political reform affecting the sales of house to council tenants transpired. The Council contended that the ‘Sale of Agreement Form to sell the Council House’ was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences between these two similar cases. In the case of Mr Gibson no ‘Agreement for Sale’ was prepared and Mr Gibson did not sign. Whereas for Mr Storer’s case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered Institute of Taxation as â€Å"any words or actions signifying the offeree’s consent to the terms proposed by the offeror†. Acceptance must be final and unqualified. Acceptance should be conveyed to th e offeree. The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of cash on deposit with a bank and say they would pay anyone who contacted influenza while using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with  £100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was sued by her for damages and her case was successful. Consideration: â€Å"means something of value is given by one party to the order: ‘it is the price of  the promise’ (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges Co. Ltd. (1915) Consideration is â€Å"an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable†. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not provide any consideration for the promise made by Selfridge. It is important to highlight that ‘past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration include: Executed (present) this is when an act is completed. An example is a Unilateral contract Executory this is when promises have been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration. In addition there are certain requirements for consideration to be valid and these are: It must not be past. However, there are exceptions such as:  (a) Previous request where the promisor has previously asked the other to provide services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it will be paid for. Casey’s Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says â€Å"provided that previous debt is valid for a bill of exchange†. It has to be forbearance to sue that is, if an individual has valid claim against another person but promises to forebear the enforcement. Combe v Combe (1951) Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842); Chappel v Nestle (1960). Cannot consist sol ely on sentiment value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing duty that is, person carrying out duties that under general rules, they are required to do will not provide consideration. Traditional authority for rule: Collins v Godefroy (1831).  Carrying out additional duties: Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual Duty this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317; Hartley v Ponsonby (1857); William v Roffey – if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnel’s Case. Foakes v Beer (1884) Intention to create legal relations: Parties to the agreement must intend to go into a legally binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be void. Intention to create legal relations could be: Commercial or business relations. Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friend’s relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity: All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who have limitations such as mental health issue, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered necessary but in the case of Nash v Inman (1908). Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable and be responsible for his action. Privy of Contract means that â€Å"a contract cannot under normal situation confer rights or impose responsibilities emerging from it on any person except those involved in it. It is also known as â€Å"Rights of the third party Act 1999†. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. Face to Face (Verbal or Oral): This is â€Å"an agreement based on spoken promises, however it may be difficult to prove and it legally binding and  both parties will understand what they have agreed to and bargained in good faith†. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a thief who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bullogh’s name with a cheque. The thief convinced the jeweller to part with the ring because his wife’s birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bullogh’s address details. As soon as the rogue left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action. The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract: This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from breach of contract. www.wisegeek.com On-line: This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000. Four contractual elements are contained in on-line contracts: offer, acceptance, consideration and intention. Contracts by Deed: â€Å"is a written document signed by the promisor and it must be clear be clear in the wording of the document that is intended to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is used in the civil law, to denote the space of time given to the debtor to discharge his obligation. Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either: conditions, or warranties or innominate terms. www.tutor2u.net An express term is one that  has been particularly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could be: Terms implied through custom, Hutton v Warren (1836) EWHC J61; In fact. The Moorcock (1889) 14 PD 64 At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187 There are two main types of implied term: (a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says â€Å"goods should be of ‘satisfactory quality’ meaning they should be up to standard a rational individual would consider â€Å"satisfactory† and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs – so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post ‘consequence of breach test ’. The judgement given will depend on the magnitude of the breach. Case of: Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim compensations. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for three months. She was ill five days before the opening night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the existence of the contract. If a warranty is breached the innocent party may claim damages but cannot end the contract. Bettini v Gye (1876) QBD 183.  Trader puff is an expression of exaggeration made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of trader puff: â€Å"this is in good shape† and â€Å"your wife will love this car† Representation Term â€Å"is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows: Innocent, fraudulent and negligent misrepresentations (e-law resources) Learning Outcome – 2: Mini-case A The case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was  £15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said â€Å"fairly quickly† with a third party involved â€Å"I have already had a good offer from my colleague† so the following is to be considered when giving the verdict: Term: Offer  £15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration – Time fairly quickly Third Party involved with better offer (Privity) Even though no clear straight form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and negligence in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall Pen asking for the sale of the property. (This was a distance offer as it was done through telegram). When Harvey asked â€Å"Will you sell us Bumper  Hall Pen?†. Facey responded â€Å"Lowest price for the Bumper Hall Pen  £900† to which Harvey responded â€Å"We agree to purchase Bumper Hall Pen for  £900 asked by you. Please forward your title deed so that we may get early possession†. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is â€Å"was that there was no clear offer† from Facey to sell the property to Harvey so the Privy Council ruled that â€Å"An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not† (www.casebriefsummary.com) Mini case B This is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to everyone so no need for acceptance in this instance. The offer here is the reward of  £10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David  £25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating â€Å"Pepsi points† if Pepsi was drank highlighting a young person arriving at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case C Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, â€Å"I’ll give you  £50 for your work†. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the ‘rule of consideration applies in this case’ because consideration can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contract  for his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case D The above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial loss incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case E The above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and Paul it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of â€Å"buying a car from their hundreds of cars†. All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement his money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case F The above is a clear case of tort negligence and breach duty of care. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Council’s notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jim’s car damaged by the Council van is a health is an implied term and safety issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In view of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CA Q. 3.1 Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning â€Å"twisted wrong† and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful death in action. The case was dismissed by the District court for lack of jurisdiction because Mrs Smith’s case was stopped by FTCA’s foreign country exception policy that states that the statute’s waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https://supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same harms. Inclusive of the types of injuries the injured party may recover are: loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as follows: Intentional torts: These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the defendant knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins [1987] Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to avoid a collision and braking. His was found guilty for driving without undue care and attention Negligent torts are the most common tort used to describe behaviour that constitute unreasonable risks to harm to a person or property or where the defendant’s actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendants haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist: Every wrongful act is not a tort. To constitute a tort, There must be an unjustified action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries. Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning :mens rea†. http://education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. She was  found guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of being concerned in the management of premises used for the smoking of cannabis. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding. Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or truly criminal offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma†. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of wrongdoing because the people who were in charge for renting properties are not likely to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract laws The above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below: Tort Law Contract Law No relationship with the claimant, could be total stranger Claimants could be known to each other and parties to the contract Consent not necessary liability is warranted by one individual against another Consenting parties are involved Tort is punitive Contracts is positive, creative situations Tort is used to claim compensation by the injured party Contract involves two or more parties In tort damages are imposed by court or negotiated In Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codified Contract law is codified Tort law safeguards right in rem available against everyone It protects rights in personam meaning against a particular person Damages are un-liquidated Damages are liquidated Source: http://www.acadmia.edu Q. 3.2 Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http://www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below: Duty of Care: is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid injury to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank gi nger beer bought by her friend containing a dead snail causing her harm . This case brought about the â€Å"neighbour principle test† and according to Lord Atkin â€Å"Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure one’s neighbour and this brought about the question ‘Who then in law is my neighbour?’ Neighbours are those individuals who will be closely and directly affected by one’s act† This case led to the Neighbour’s principle. Duty of care is therefore based on the relationship of different parties involved, negligent act or omission and the reasonable foreseeability of loss to that person http://.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pure  economic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the listed bullet points below also known as the tripartite contained in negligence must be met: The element must be reasonably be foreseeable There must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty: is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the baby’s retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury: This arises from â€Å"sudden assault on the nervous system (www.lawteacher.net) and until recently was uncertain in tort of negligence. For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinz’s car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was rejected by the Court of Appeal. Factual Causation: This is the process where it must be proved reasonably in the law that the defendants action led to damage. This in some cases, applying â€Å"but for† test in most cases resolve the disputed tort’s law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages. The case of Barnet v Chelsea Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse who  informed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the â€Å"but for† test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not. Damages: This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as: Special damages: caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. General damages: is a result of the other partys actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages: This is the combination of punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages: These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage Motor co (1915) AC 70 refers. Defences for  Negligence: This is where the defendant tries to introduce evidence that he did not cause the plaintiff’s damage or injury. (www.injury.findlaw.com) There are several defences obtainable to negligence claims such as: Violenti non fit injuria: This is a Latin phrase which means â€Å"for a willing person, there is no harm† and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of: Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had earlier complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence. His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence: This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) â€Å"Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such exte nt as the court thinks just and equitable having regard to the claimant’s share in the responsibility of the damage† so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage. For example if the claimant was entitled to  £20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded  £15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60  the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendant’s car as a result of the defendant’s negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were reduced by 20 per cent by the Court of Appeal. This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification: In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) : This is coined from Latin to mean â€Å"of an illegal act there can be no lawsuit† (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second floor window and got himself injured seriously. The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised ex ‘turpi causa’ that it was a criminal  offence for an arrested person to attempt to escape. The claimant’s appeal was dismissed. Consent: Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain. In addition Consent is very closely linked with â€Å"volenti non fit injuria†. Below are the types of Consent: Express Consent: Is when the defendant agreed to willingly submit to plaintiff’s action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent: is deduced from plaintiff’s conduct. (O’Brien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendant’s ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendant’s doctor indicated he wants to vaccinate her. Informed Consent: This is an individual’s agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers. (2) Consent will be void if it is given under duress or threats of physical force. (3) Consent will also be void if it was given as a result of a mistake and the mistake was (a) Caused by the defendant, or (b) The defendant was aware of the mistake and he did not alert the plaintiff. Necessity: It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendant’s property. Regina v Dudley Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3 Vicarious liability is â€Å"one which on one individual as a result of an action of another†. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the ‘tortfeasor’ commits a tort while in his employer’s employment, the employer is held liable and this due to the doctrine of ‘respondeat superior’ a Latin phrase meaning ‘let the master answer’ . For a court to establish if an employee acted whilst in employment the following must be confirmed if: Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flaming o’s Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer. His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employer’s instruction, or if the employee commits fraud and  acted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below: In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. London General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case th e driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter’s bus despite that the bus driver had been warned strictly not to cause obstruction. His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test: The control test was the original test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the cra ne. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor. Finally, the Employee’s criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiff’s telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employee’s act Health and Safety Act 1974: It is also referred to as HSWA or HASAWA is the main piece  of law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source: (http://www.hse.gov.uk/legislation/hswa.htm) The main purpose of this Act is to ensure: The security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers’ responsibilities include: To provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into air To provide a safe working environment To provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees’ responsibilities include: Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employers Source: (http://www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are: Management of Health and Safety at Work Regulations 1999 Fatal Accident Act 1976 Limitation Act 1980 Law Reform (Contributory Negligence) Act 1945 Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Defective Equipment) 1969 Civil Procedures Rules (as amended by the Woolf reforms) Sources: (www.leeds.ac.uk) In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence. Vicarious Liability. StudyMode.com. 02, 2013. Accessed 02, 2013. http://www.studymode.com/essays/Vicarious-Liability-1451515.html. Page Bibliography In Law, What is the Differences Between Tort and Contract [Online] Available at: http://www.wisegeek.com/in-law-what-is-the-difference-between-tort-and-contract.htm Accessed 28 October 2014 Law on Verbal Contract [Online] Available at: http://www.ehow.co.uk/about_5569485_laws-verbal-agreements.html Accessed on 01 November 2014 Misrepresentaion [Online] Available at: http://www.e-lawresources.co.uk/Misrepresentation.php Accessed 01 November 2014 LAW OF TORTS [Online] Available at https://www.academia.edu/7711371/LAW_OF_TORTS_Distinguish_Between_Law_of_Tort_Criminal_Law_and_Contract_Act Definition of Verbal Agreement [Online] Available at:www.ehow.com/info_7755018_definition-verbal-agreement.html [Online] Accessed 02 November 2014 Contract – Express Implied Terms – Tutor2u [Online]. Available at: http://www.tutor2u.net/law/notes/contract- express-implied-terms.html Accessed 02 November 2014 Breach of Duty [Online] Available at: http://e-lawresources.co.uk/Breach-of-duty.php Accessed on 04 November 2014 Vaughan v Menlove [Online] Available at: http://www.e-lawresources.co.uk/Vaughan-V-Menlove.php Accessed on 04 November 2014 Psychiatric Injury [Online] Available at: http://www.lawteacher.net/health-law/essays/psychiatric-injury.php Accessed on 06 November 2014 Cases –tort-negligence-duty of care [Online] Available

Growth of LGBT Images in Popular Culture

Growth of LGBT Images in Popular Culture Recent years have witnessed a proliferation of images of LGBT people in popular culture. Discuss this growth in visibility with reference to queer theory. In recent years we have witnessed a proliferation of images of lesbian, gay, bisexual and transgendered people (LGBT) in popular culture. An indication of why this has occurred can be found in the historical context from which modern homo-viability arose. Furthermore I will look at how this increased homo-visibility has challenged heteronormativity thus producing social changes through collective social action and innovation, furthermore I will look at examples of LGBT images in television and film and gay representation. After mapping changes I consider the positive and negative implications associated with the increase in images of LGBT people in popular culture and the effects of modern homo-visual representations with reference to Queer Theory. After mapping changes I consider whether Queer Theory offers an adequate account of changes or whether [other theories] give a more comprehensive analysis of why these developments occurred and whether they explain the positive and negative implications of the increase of visibility. Societal attitudes towards same-sex relationships vary over time and place; according to constructionists the meanings of sexual acts are historically, culturally and contextually specific. This is demonstrated when observing historical social changes in sexual orientation. Constructionists hold that sexual orientation is fluid and dynamic, and that sexuality is constructed by social factors and influenced by social changes. In some ancient societies sexual orientation was not subjected to the binary constraints that are used to define categorize and segregate those of difference in more recent times, therefore sexuality was ambiguous. Historically we have witnessed the regulation of sexual orientation through formal societal controls enforced through law and judicial mechanisms, demonstrated historically by the sodomy laws prohibited homosexuality and made a capital offence in Britain in 1810. Even today homosexuality is illegal and punishable by death in some countries. This essay will look primarily at western societies and the historical context in which recognition of LGBT has become apparent. In modern western cultures, gay and lesbian people have been subjected to frequent prejudice and discrimination. This oppression often caused LGBT people to repress their true identities and sexual preference. 1973 was an important year for the LGBT community as the American Psychiatric Association removed from the Diagnostic and Statistical Manual of Mental Disorders their definition of homosexuality. As a result homosexuality was no longer classed as a clinical mental disorder as something abnormal that needed medical treatment. Homosexual acts were decriminalized in the Western world by the 1970s but it was not until the mid-1970s that the LGBT community became visible because of active protest to gain social recognition, which was vital for the minority to fight for their civil rights. The Stonewall Riots in 1969 contributed to the increase in LGBT visibility. The Stonewall Riots were a series of violent conflicts between the LGBT community and New York City police officers. These riots lasted several days and were centered at the Stonewall Inn New York. These riots were widely recognized at the catalyst for the modern-day movement towards LGBT rights never before have the LGBT community acted collectively to forcibly resist police harassment. The activist movements of the 1960s and 70s inspired events such as pride parades and dyke marches, it also caused large numbers of gay men and lesbians to protest against repression, police entrapment, and other forms of discrimination. Howvever this was transformed by the AIDS epidemic that struck the gay community so devastatingly in the 1980s. The AIDS epidemic affected both heterosexuals and homosexuals; however it was largely portrayed in media representations and pubic spheres as a homosexual disease and attempts were made by homophobes to restrict media representations of homosexuality, the only representations of the LGBT community were negative and reinforced this negative stigma. Due to the homophobic past LGBT individuals were particularly vulnerable to the AIDS virus. Due to inadequate education LGBT individuals were not as aware of the precautions needed for safe sex in same-sex relations, and due to homo-invisibility only heterosexual safe-sex advice and education was available in schools. However, this horrific epidemic did provide the LGBT community with a public voice, increasing public visibility. Through collective action they struggled against this discrimination and organized campaigns to promote efforts in AIDS education, prevention, research, patient support, and community outreach. One important influential figure in AIDS activism through art is American pioneer Gran Fury. He formed a gay activist group called ACT UP (AIDS Coalition to Unleash Power) This group aimed to inform a broad public and provoke direct action to end the AIDS crisis. His works include, the street-spanning banner announcing that All people with AIDS are innocent, The collectives image of three interracial homosexual and heterosexual couples kissing above the caption Kissing Doesnt Kill: Greed and Indifference Do In addition to the work of Gran Fury, caused several other significant public projects to arise in response to the AIDS crisis including SILENCE=DEATH Project and the Red Ribbon Project. This collective effort transformed the AIDS epidemic from a syndrome that many were reluctant to speak about to a subject that could be raised sympathetically in popular news magazines and on television programs. Old stereotypes were seen to be inappropriate and, while much coverage of the epidemic was homophobic, some ignorance was dispelled and as a result, AIDS awareness has now spread into the mainstream, creating its own sphere of community-based organizations, charitable institutions, and even magazines for those who are HIV-positive. During the 1980s and 1990s the LGBT community gained some legal protection and public recognition thorough collective action and protest. Laws decriminalizing homosexual behavior and prohibiting discrimination in employment, housing, and services were introduced. These were all positive achievements essential for the LGBT battle for equality and social acceptance; however, due to the increase in public visibility the LGBT community were affected by increased homophobia; LGBT individuals were victims of servere discrimination and hate crimes. Coming out still involved courage, indicating that negative implications of increased visibility persisted. Historically LGBT have had to face many struggles in order to become visible but due to collective action of the LGBT community, however their struggles have had both positive and negative consequences, today the gay community are visible in public, political domains, this increased visibility has allowed the gay community to express their gay culture through gay prides, rainbow flags, LGBT events and gaining increased visibility in many areas of visual popular culture including, magazines film, music and television The prevalence of LGBT representations in cinematic art and media representations prevailing in western culture has had positive contributions in challenging the dominance of heteronormativity through the increasing awareness of LGBT community. Lesbian, gay, bisexual and transgender individuals have been have been slowly gaining recognition by through collective action they have challenged and helped reconfigure notions of what had been compulsive normative homosexual representations. This challenge has changed peoples perception of categories of difference (masculinity and femininity) and (homosexuality and heterosexuality). However not all gay representations are a positive, some media representation of LGBT individuals are distorted stereotypes. Typical media representations portrayals of gay men are sometimes negative, gay men are portrayed as ill from aids as demonstrated by the media representations of Freddy Mercury Effeminate These forms of stereotypes can cause negative implications for young gay men because they could see these representations as an ideal type. Lesbians are often portrayed in the media as butch man haters, or over feminized â€Å"lip-stick lesbians† these representations similarly to gay men are stereotypes and does typically not apply to all lesbians. Controversially lesbian visual representations are usually a fictional account distorted through a heteronormative lens of heterosexual males and capitalists self interest this is demonstrated in the picture below The power and dominance of heteronormative ideals has caused many past gay and lesbian film actors to feel the need to conceal their true sexual identity. Some feel they need to conform to heteronormative ideals in order to fulfil the fantasies of the heterosexual mainstream audience. Many gay actors wish to remain closeted, for example Rock Hudson Hudson said he would rather die before fans discovered he was gay he even misled magazines by posing with glamorous female stars. In 1985 that Hudson had AIDS, and a brief lover publicly outed him to the media. For most film stars open homosexuality, or even rumours of homosexuality, could end their careers. Therefore, it is not surprising that some gay and lesbian actors disguise their sexuality. However contemporary modern western societies we are slowly seeing changes in societal altitude, due to the fragmented nature of modern societal structure people no longer share common norms and values, this is due to the break down of social solidarity, this has caused people to fight the restrictive nature of heteronormativity. The British actor Rupert Everett came out publicly in 1989. Rather than ruining his career his openness of his sexual identity seems only to have made him more interesting to audiences. After his success in My Best Friends Wedding (1997), in which, however, he played a gay character, he landed a very big role as the voice of the heterosexual character prince charming in the famous film series of Shrek. Challenging this normative heterosexuality by broadening the range of identities and desires represented through the visual media has been a central concern in works created by independent lesbian/gay/ bisexual/transgender television and film makers, these films aim to centre and normalize homosexual identity. Many people see the success of Queer as Folk as evidence that TV shows can still be enormously popular and profitable due to the growing demand in the market for an un-distorted true representation of LGBT individuals lives. I have mapped out the historical context which has explained some of the social changes that have occurred that could have contributed to the proliferation of images of (LGBT) people in popular culture. I will now look at the views of Queer Theorists and their position and influence on the increase of LGBT images in popular culture. Queer theory was developed a response to the AIDS crisis in the 1980s, which promoted a renewal of radical activism. This theory contested against the increased homophobia brought about by public responses to AIDS. Queer theory became occupied in part with what effects put into circulation around the AIDS epidemic necessitated and nurtured new forms of political organization, education and theorizing in queer. Queer theory developed out of unexamined constraints in the traditional identity politics of recognition and self-identity. Queer identity, unlike the other categories labeled lesbian or gay, has no interest in consolidating or stabilizing itself. It maintains its critique of identity-focus by understanding the formation of its own coalition; this may result in exclusionary effects in excess of those intended. Queer theory challenges heteronormativity by providing recognition to a wide array of non-normative sexualities and sexual practices therefore not only applying to lesbian and gay men, but transsexual, bisexual, intersexual individuals. Queer theorists aim to challenge the cultural notions of straight ideology by the deconstruction the constraints of gender and sexual categorization, through challenging heteronormative ideals they wish to de-stigmatize those affected by segregation and repression. Queer theorists hold that sexuality is fluid and therefore should not be restrained by categorization. The fragmentation characteristic of modern societies that has occurred has caused a decline in social solidarity therefore people do not share the same cultural norms, beliefs, or sexual orientation many people in modern societies have multiple identities therefore cannot be homogenized for the purpose of categorization. They focus on the individual subjective nature of gender and sexual identity and respect the meanings of these identities are only valid in that particular space and time. This perspective contrasts the essentialists theory, essentialists hold that gender and sexuality is an essential part of an individuals biology which is determined at birth this notion is rejected by queer theorists. Hollywood film productions pursues the straight theme as being the dominant theme to outline what masculine is. This is particularly noticeable in gangster films, action films and westerns, which never have weak (read: homosexual) men playing the heroes, with the recent exception of the film Brokeback Mountain. Queer theory looks at destabilizing and shifting the boundaries of these cultural constructions. Queer theory was originally associated with radical gay politics of ACT UP, Outrage! and other groups which embraced queer as an identity label that pointed to a separatist, non-assimilationist politics.[5] Queer theory developed out of unexamined constraints in the traditional identity politics of recognition and self-identity. Queer identity, unlike the other categories labeled lesbian or gay, has no interest in consolidating or stabilizing itself. It maintains its critique of identity-focus by understanding the formation of its own coalition; this may result in exclusionary effects in excess of those intended. Foucault theories contributed to the formulation of queer theory in his publication The History of Sexuality, he follows the social fluidity of gender and sexual orientation and the categorization of those of difference. He demonstrates how labels are created through different discourses and power relations therefore meanings reflect the social attitudes of that particular context E.g. Sodomy and homosexuality. According to Foucault he term homosexual was created through the discourses of medicine and especially psychiatry. But the consequences of this discourse transformed a previously socially accepted form of sexual expression to a sinful, mental condition. Foucault holds that prior to the invention of these labels of difference people were just people. Queer culture in general is intertwining with the common normative culture, with people being exposed to the ideas of gay pride and becoming more educated about queer studies in schools and society. Queer theorists focus on problems in classifying every individual as either male or female, even on a strictly biological basis. For example, the sex chromosomes (X and Y) may exist in atypical combinations (as in Klinefelters syndrome [XXY]). This complicates the use of genotype as a means to define exactly two distinct genders. Intersexed individuals may for many different biological reasons have ambiguous sexual characteristics Conclusion By the middle of the second decade of the twentieth century, the conception of homosexuality as a distinct identity category, with implications of mental and physical illness, homosexuality was no longer defined as a mental disorder Although homosexuality would not be categorized as a distinct type of deviant personality until the beginning of the twentieth century, heterosexual values were effectively imposed throughout western society during the nineteenth century In the new millennium, gay activism has increasingly become less galvanized by the specter of AIDS and has seemingly splintered into dozens of micro-movementsfocusing on issues ranging from gays in the military to parenting, same-sex marriage, workplace fairness. Yet others raise questions about the stigmatization of the gay body in those media that treat AIDS as a sign of the perversion of gay sexual practices and reinforce prejudices and stereotypes that contribute to homophobia. Some represent the gay body in terms of its erotic and sensual power, while others, in the hope of raising awareness, inscribe it within the structure of their art as a positive model of affirmation and sexual liberation. In contemporary visual representations, the gay body manifests itself through the presentation of iconographic codes and semantic referents constituted in the objectification of sociosexual and cultural actions of the gay community. Whether active or passive participants in this community, gay artists express themselves by proposing their sexuality as a locus for learning and communicating real experience, all the while critiquing media-promulgated stereotypes which they dispute, reject or adopt. For more than two decades, precipitated by the feminist movement, the gay/lesbian liberation movement, and the AIDS crisis, discourses of gender, sexuality, and sexual identity have been central to visual representation. As closet doors protecting compulsory heterosexuality(6) are opened and the sight lines of those constrained within are expanded our system of difference/s is seen at every level to bear traces of coerced subordination. Bibliography Halperin, David (1990) in Jagose, Annamarie (1996) Queer Theory. An Introduction. New York University  Press. Original emphasis . Foucault, Michel (1981) The History of Sexuality, vol. 1, An Introduction. Harmondsworth: Penguin. Harry Benshoff and Sean Griffin, Queer Cinema: The Film Reader. New York and Oxford: Routledge.  (2004): 6. Thomas Waugh, The Fruit Machine: Twenty Years of Writings on Queer Cinema. Durham and London: Duke University Press. (2000): 239. Paul Lee, â€Å"Directors Notes,† CFMDC archives. Jim Hubbard, â€Å"Introduction: A Short, Personal History of Lesbian and Gay Experimental Film.† Millennium Film Journal On-line, 41 (2003). [Online]. Available: http://mfj-online.org/journalPages/MFJ41/hubbardpage.html Benshoff, H. and Griffin, S. Queer Cinema: The Film Reader. New York and Oxford: Routledge, 2004. Bruce, J. â€Å"Queer Cinema at the NFB: The ‘Strange Case of Forbidden Love.† In J. Leach and J. Sloniowski (Eds.). Candid Eyes: Essays on Canadian Documentaries. Toronto, Buffalo and London: University of Toronto Press. (2003): 164-180. Goldie, Terry. (Ed.). In a Queer Country. Vancouver: Arsenal Pulp Press, 2001. Waugh, Thomas. The Fruit Machine: Twenty Years of Writings on Queer Cinema. Durham and London: Duke University Press, 2000. Andersson, Yvonne (2001) Dokusà ¥por en verklighet fà ¶r sig? Granskningsnà ¤mndens  rapportserie, Rapport nr 8. Butler, Judith (1993) Bodies That Matter: On the Discursive Limits of Sex. New York:  Routledge. 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