Heart of Darkness vs. Apocalypse Now Essay - 816 Words

In Heart of Darkness and Apocalypse Now, both Joseph Conrad and Francis Ford Coppola create similar statements through their creations as they both centralize their views upon the effects of environmental changes that affect the human condition. The film Apocalypse Now vaguely reflects a similar message pursued by Conrad’s novella, due to the difference in time period, place setting, and circumstances in which the film was created. Conrad wrote his novella during British colonization, focusing upon imperialism. Coppola’s film similarly focused upon the barbaric nature of man, which demonstrates the insanity of the Vietnam War. In Heart of Darkness, Conrad centers his main focus upon the journey of Marlow, a sailor, who travels into†¦show more content†¦Kurtz’s lack of restraint and hunger for ivory consumes not only his soul but drains all of his physical existence. Upon seeing him, Marlow states, â€Å"I could see the cage of his ribs all astir, the bo nes of his arm waving (126)†. Conrad focuses on the physical features of Kurtz to display the madness that has consumed him. However, though Kurtz’s body is deteriorating, Kurtz’s mind continues to thrive. Conrad shows this in Marlow’s shock of witnessing a flame of passion that remains in Kurtz’s eyes as he converses without signs of exhaustion (126). Conrad continues to describe Kurtz as a shadow composed of tranquility and satisfaction. Conrad’s incorporation of this detail signifies the evil and greed that consumes Kurtz and is reflected through his physique. However, the power of Kurtz’s presence is personified through the action of his words. As the strength in his voice captures Marlow’s attention, it merely reflects his influence upon his followers. The power reflected through his voice displayed his confidence as well as his position as a leader for the natives. Hi demeanor displays an air of arrogance that makes others feel less equal to him. Those who follow him fear him, but also continue to respect him. In Apocalypse Now, Coppola creates a similar, however unique parallel structure as Willard meets Kurtz.Show MoreRelatedHeart of Darkness vs. Apocalypse Now1031 Words   |  5 Pagesoutstanding feat. Francis Ford Coppola s Apocalypse Now did not only that, but won Academy Awards for Best Cinematography and Best Sound. Coppola can not take all the credit for this enlightening movie. The film was loosely based off of Joseph Conrad s Heart of Darkness. Though Conrad was not credited in Apocalypse Now, his novella has a great impact on Coppola s cinematic masterpiece. Captain Benjamin Willard of Apocalypse Now and Heart of Darkness s Marlow are very much alike. Both are sentRead More Apocalypse Now vs Heart of Darkness Essay1120 Words   |  5 Pages Francis Ford Coppola’s Apocalypse Now lacks the impact of its inspiration, Joseph Conrad’s Heart of Darkness. While the basic elements of imperialism and human nature remain intact, the characters of the film bare little resemblance to their literary counterparts. The film serves as a re-interpretation of Conrad’s novella, updated from 19th-century British imperialism in the Congo to a critique of 20th-century U.S. imperialism in Southeast Asia. Coppola’s changes in setting and plot structure, howeverRead MoreComparative Essay1096 Words   |  5 Pagesanalysis: â€Å"Heart of Darkness† â€Å"Apocalypse Now† Student: Mora Vandenbroele Teacher: Azucena Estigarribia Year: 11th â€Å"A† â€Å"Heart of Darkness† vs. â€Å"Apocalypse Now† It is very interesting how humans are so intrigued about the evilness in the world, and the dedication of some men to compare Hell with the Earthly horror. Joseph Conrad, a genius writer, took his time to show this with his masterpiece â€Å"Heart of Darkness† that wasRead MoreIn Search of the Unknown: Apocalypse Now1584 Words   |  6 PagesIn Search of the Unknown Apocalypse Now is a film based on the story Heart of Darkness, written by Joseph Conrad. By analyzing the book, the readers do not just understand the theme and plot of the story, but also makes readers look back in the 19th century Colonialism and see how the world worked under Imperialism. The movie, Apocalypse Now also correlates with the book, but this time the setting does not take place in the 19th century, but in the 20th century when United States was at war withRead More Transformation in Heart of Darkness and Apocalypse Now Essay1685 Words   |  7 PagesTransformation in Heart of Darkness and Apocalypse Now      Ã‚  Ã‚  Ã‚   Since Francis Ford Coppola’s   Apocalypse Now was based on Joseph Conrads novel, Heart of Darkness, it is possible to draw many parallels between the two works. Both can be interpreted as metaphors for a journey through the inner self, and each has its own particular message to convey. In many ways they also appear to have similarities to Arthurian Legend, in particular the quest for the holy grail, and other allegorical journeyRead MoreEssay on Compare and Contrast Heart of Darkness/Apocalypse Now1353 Words   |  6 PagesApocalypse Now, directed by Francis Ford Coppola, is the story of Captain Willards journey up the Nung River in Cambodia to kill a general, Kurtz, who has lost control of himself. It is set in the Vietnam War and is a very gritty and affecting film. Imagine my surprise when I learned that it was sort of based on Joseph Conrads famous novella, Heart of Darkness. Conrads book, the tale of the sailor Marlowes African adventure, is a study on the evils of colonialism. The two stories at first glanceRead MoreAnalysis Of The Book Heart Of Darkness 706 Words   |  3 PagesEnglish 202 17 October 2015 Marlow vs. Willard The stories in the book Heart of Darkness, by Joseph Conrad and the movie Apocalypse Now directed by Francis Ford Coppola are very similar. The main characters in both are similar, but do have their differences, like who they were before they took the job, the settings they were put in, . Before we can compare the characters, we have to compare the stories first. Apocalypse Now was inspired by the story Heart of Darkness. Even though Coppola based hisRead More Marlow Vs. Willard Essay1083 Words   |  5 PagesMarlow vs. Willard Charles Marlow and Captain Willard have many characteristics that would make them alike and different. Marlow, from the novel Heart of Darkness, was a man who was on a mission through Cambodia to find Kurtz. Captain Willard, from the movie â€Å"Apocalypse Now†, was a man on a mission to exterminate a fellow member of the United States Armed Forces, Kurtz. â€Å"Apocalypse Now† is a Vietnam parallel of the novel Heart of Darkness. While both these men were on a search for a man, theyRead MoreJoseph Conrad s Heart Of Darkness And Francis Ford Coppola s Film Apocalypse1785 Words   |  8 Pagesculture has popularized the idea of good vs evil but the concept is far more complex than simply drawing a battle line between two individuals or groups looking to overcome the other in the name of good or evil. Man in general is quite capable of carrying out every kind of evil, no matter how righteous or pure, without any influence from supernatural forces. Works such as Joseph Co nrad s novel Heart of Darkness and Francis Ford Coppola’s film Apocalypse Now illustrate the journey of man into theirRead MoreHow to Read Lit Like a Prof Notes3608 Words   |  15 Pagesindirectly c. Symbolic Vampirism: selfishness, exploitation, refusal to respect the autonomy of other people, using people to get what we want, placing our desires, particularly ugly ones, above the needs of another. 4. If It’s Square, It’s a Sonnet 5. Now, Where Have I Seen Her Before? a. There is no such thing as a wholly original work of literature—stories grow out of other stories, poems out of other poems. b. There is only one story—of humanity and human nature, endlessly repeated c. â€Å"Intertexuality†Ã¢â‚¬â€recognizing

Sex and Religion Free Essays

Sexual origin and conduct morals differentiate between cultures and have evolved gradually over time to what we now know today. The conflict between sexuality (sex) and religion has been ever present in every cultures history. This conflict, however, comes in two parts: sex as in the action and sexuality. We will write a custom essay sample on Sex and Religion or any similar topic only for you Order Now The action of sex, or conduct, has many different views that can sway easily from polar to polar. From the belief that sex is immoral and dirty, to the belief that sex is the highest expression of the divine, this an example on how the view of each religion differ greatly from each other. Some religious faiths believe that only sex as a means of biological reproduction between a formal marital couple is acceptable and even promoted; while on the other hand, sex for the basis of pleasure is considered sinful and looked down upon. There seems to be little middle ground in any of the world’s major and minor religions. But while there may be little middle ground in the direct interpretations of religious texts and values, the middle ground is made up by society that as a whole is very laid back on such matters with only a few high profile individuals who happen to talk more than they walk. Most people tend to such matters with privacy and discretion. The second of the two conflicts is of sexuality and preference, and this is one that grips our nation and many others when really it should not. Religious institutions have such a problem with gay-marriage that through years of successful lobbying against such marital status resulted in many states banning or suspending this right. This is a clear indicator that the seperation between church and state has become a bit of a fallacy. Out of all the major faiths and sects in the world, the Anglican church is the only branch that even allows homosexuals to hold any leadership and pastorship position. Being Anglican, I have been taught that God just wants everyone to be happy and live a good life. If two same-sex people love each other and are happy, then why limit their possibilities to extend that happiness? At the same time, homosexual couples seem to be the only ones not affected by the hellish situation that is a divorce. To be honest, it is unfair that they get rarely encounter any of the pain that a divorce brings. Plus, it allows divorce attorneys a new frontier to cast their loveless shadow over, and add extra impetus in their reservations in hell. Anyways, it’s none of our or any religion’s business to influence the happiness and lives of generally good people who contribute immensly in our world. In Judaism, sex and reproduction are the holiest of acts that one can do, they believe this act is the only one where one can imitate God and bring life to the world. Of course, like many religions, they sanction monogamous and committed heterosexual relationships with marriage. Though, the Jewish Hebrew Bible prohibits adultery and heterosexual intercourse during when the wife in her menstrual period, or known as the Niddah. Orthodox Judaism strongly oppose homosexual sexual acts, while the Traditional division of Judaism views just male homosexuality as a grave sin. With that in mind, female homosexuality is apparently fine with them – I guess they are fans of girl-on-girl action. Contradictions like this just make the view and morality of sex to religious faiths a huge joke. But there is hope as the tolerant attitudes ofReform and Reconstructionist Judaism in relation to both sexual diversity and interfaith marriage have contributed to the rise in popularity to eventually making it the largest Jewish denomination in the United States. For centuries How to cite Sex and Religion, Papers

International Contractual Principles Law †MyAssignmenthelp.com

Question: Discuss about the International Contractual Principles Law. Answer: Introduction: The key issue in this case relates to the formation of a contract between Ian and Amy on the basis of the Facebook advert. And, in case a contract has been formed, does that give Ian any remedies for a breach of contract on part of Amy? A contract is such a document through which one party promises to undergo a particular thing and the other party promises to pay the requisite consideration. A contract is an agreement, which has legal validity due to presence of certain elements in it (Blum 2007, p. 2). These elements include the elements of agreement, i.e., offer and acceptance, consideration, intention, capacity, consent and clarity (Miller Cross 2015, p. 257). When all of these elements come together, in a single agreement, the agreement transforms into a contract, which gets a legal validity and makes the contracting parties contractually obligated to perform the promise stated in the contract. There are different modes of forming a contract, for instance, by verbally exchanging the contractual terms, the contract can be formed. In the similar manner, by stating down on a document, the terms on which the contract is based, a written contract is formed (Mau, 2010 p. 5). The first step for creating a contract is the establishing the presence of agreement, i.e., offer and acceptance. An offer is the initiating point of the contract, where one party offers certain terms to another (Frey 2015, p. 29). It is important that an offer is clearly differentiated from an invitation to treat as there is a key difference between these two. The first major difference is that the invitation to treat shows that the parties want to start negotiating for the contract, whereas the offer shows that the parties want to get into a contract. Also, the offer is needed for contract formation compulsorily, whereas an invitation to treat is not present in every case. In order to understand the difference between an offer and an invitation to treat, the facts of the particular case have to be taken into consideration (Poole 2016, p. 37). In the case of Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401, the case of invitation to treat was established. This was due to the fact that the goods which are kept by the seller on their shop window were deemed as an invitation to treat and not an offer. This meant that the seller was not required to sell the products kept on shelf, as the same was not an offer till it was taken to the billing counter (E-Law Resources 2017a). Similarly, in the case of Partridge v Crittenden [1968] 2 All ER 421, the court held that the adverts which are given in magazines and newspapers are not an offer and in general are to be taken as an invitation to treat (E-Law Resources 2017b). However, where such advert contains such terms, which can be accepted by acting upon them, it would be deemed as a unilateral offer and a noteworthy case in this regard is that of Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 (E-Law Resources 2017c). There are certain other communications which are not given the status of either an offer or an invitation to treat. A request for information, in Harvey v Facey [1893] AC 552, in the statement made in this case was not considered as an offer (E-Law Resources 2017d). Gibson v Manchester City Council [1979] UKHL 6 saw the wordings may be prepared to sell was to be construed as just an announcement of price. Further, it was not a different offer, as this information was required just for the purpose of supplementing the original offer which was made (Swarb 2016). The second part of the agreement element in contract formation is the acceptance. It is very crucial that the acceptance is given to the offer which was made and by the person to which the offer had been made (Helewitz 2010, p. 28). The acceptance has to be given to the offer which was made and in the exact manner of it being made. In case there is any change in the communication of acceptance, regarding the contractual offer, the communication is not given the status of acceptance; and instead, is considered as a counter offer. Hyde v. Wrench (1840) 3 Beav 334 provided that in such cases, the original offer comes to an end (McKendrick 2014, p. 80). Another important point regarding acceptance is that it has to be properly communicated. Felthouse v Bindley (1862) EWHC CP J35 saw the court holding that a mere silence is not an acceptance (E-Law Resources 2017e). The date of offer and acceptance are also of importance. When the communication regarding the offer or acceptance reaches the other party that would be date of offer and acceptance. In the cases of emails, in the jurisdiction of Australia, the Electronic Transactions Act, 1999 (Cth) is applicable. Under section 14 of this act, the date for email is to be taken as such date on which the email is sent from the senders electronic device and this is the date of acceptance or offer, depending upon the communication made (Federal Register of Legislation 2011). This is similar to that of the postal rules of acceptance in which the date of actual receipt of the communication is irrelevant and the date of sending is the date of offer/ acceptance (Andrews 2015, p. 51). With the presence of elements of agreement, along with the remaining elements, a contract is created. Where the parties fail to perform the obligation covered under the contract, the contract is deemed to be breached by the party which does not keep its promise. This allows the party which had to face the loss due to non performance of the contract, the option of making a claim for breach of contract against the defendant. This would allow them to apply for monetary damages and equitable damages (McKendrick Liu 2015, p. 431). The key purpose for awarding damages lies in putting the parties in a place where a breach of contract did not take place and this reasoning was given in Addis v Gramophone [1909] AC 488, where the emphasis was not on punishing the breaching party (E-Law Resources 2017f). The case study given here highlights that an invitation of treat was made through the Facebook advert and this was posted by Amy. The reason for treating the invitation to treat lies in the fact that this post opened the possibilities for negotiations as it invited the interests of the people. The stark difference in this case and in that of Carlill v Carbolic Smoke Ball Company, lies in the fact that this was not a unilateral contract which could simply be performed. It needed further confirmation that Amy is ready to sell the dog to the person who has applied for it. Also, the adverts in general are to be taken as invitation to treat only, as was stated in Partridge v Crittenden. And as this is an invitation to treat, on the basis of Pharmaceutical Society of Great Britain v Boots, Amy would not be under an obligation to sell the dog to Ian. The email which Ian same on the very same date, in which an inquiry was made regarding the address, would neither be an offer nor be treated as an invitation to treat. On the basis of Harvey v Facey, it would be simply considered as a request of information. The reason for this lies in the fact that Ian only requested for the information regarding the address and had expressed his desire for buying the dog on sale. Being provided with the address would be considered as another pre-contractual negotiation. The offer in this case was made only when Ian emailed Amy about picking up the dog on a particular day and time. And thus began the formation of contract. On this communication, Amy remained silent, and on the basis of Felthouse v Bindley, this would not be considered as her acceptance. As an acceptance was not obtained in this case, a contract was not formed between the two. The application of the rules to the case study provides that no contract was formed between Amy and Ian; and as a result of this, a breach of contract cannot be claimed by Ian. The key issue in this case relates to the formation of a contract between Judy and Amy on the basis of the elements of contract. Further, the case also relates to the presence of vitiating factor in the contract, which is misrepresentation, on part of Amy, and the resulting remedies for the same. As has been highlighted in the preceding segment, certain elements have to be present for creating a contract. The acceptance part has already been discussed. However, one element regarding acceptance which was not discussed earlier is the acceptance garnered through the conduct of the parties. At times, the conduct of the parties shows that agreement to the offer made. In Brogden v. Metropolitan Railway Company (1877) AC 666, the acceptance was taken to be through the performance of the contract without raising any objections regarding the terms (Swarb 2017a). The next requirement for contract formation is consideration. Consideration is the amount which is to be paid for the promise being undertaken by the other party to do the obligation. It is crucial that the consideration is sufficient; though, the same being adequate is not a requirement. The amount of consideration is something which the parties decide mutually. It can be any value, as long as it has economic aspect (Stone 2005, p. 78). For instance, in Chappell Co Ltd v Nestle Co Ltd [1960] AC 87, the court held that the consideration of three wrappers was valid, due to the condition precent and due to it having an economic value in the context of this case (Swarb 2017b). It is important to note that once a contract has been formed, a higher consideration cannot be asked by the other party. In other words, the contract once formed, with particular terms, cannot be changed, till the time both the parties agree to it. In North Ocean Shipping v Hyundai [1979] 3 WLR 419, which is also known as the Atlantic Baron case, the shipbuilder had asked for more money, which was eventually paid by the plaintiff without any protest. It was held in this case that the contract was voidable owing to duress in the contract. Though, as the actions were brought very late by the claimant, the court held that the plaintiff had lost their right for getting the contract rescinded (E-Law Resources 2017g). The next step in the contract formation is intention. The parties who come together to form a contract need to have a clear intention of forming a contract. This is particularly in the sense that the parties need to be clear that by entering into the contract, the parties would be made legally liable to fulfil the contractual obligations which have been covered under the contract and in case the same is not fulfilled, they would have to bear the consequences of breach of contract (Rush Ottley 2006, p. 350). Another requirement is for the parties to have the requisite contractual capacity for entering into the contract. This means that the parties need to have the majority age, so that they can legally enter into the contract. Also, they need to be of sane mind to make decisions in an informed manner (Miller 2016, p. 251). A key requirement for the contract formation lies in the consent which the parties give to the terms of the contract. This consent has to be given free from any duress or pressure from the other party. The last requirement is of clarity. This means that the terms on which the contract is made, has to be clear to both sides of the parties. It is of utmost importance that each party is clear on the contractual terms, so that they can be clear on what their rights and obligations are under any contract. Also, this would prove to be of help in case the contract is disputed, as the terms mentioned in the contract are referred to in this case. Clarity in terms of contract would mean that a genuine point, which is properly covered under the contract, is included in the contract (Furmston Tolhurst 2010, p. 114). Once all these elements come together, a contract can be formed (Kirst-Ashman Hull 2008, p. 205) As has been covered summarily in the preceding section, the non fulfilment of the contractual obligation leads to a breach of contract and for this, the aggrieved party can apply for different remedies. They can apply for monetary damages, which results in the aggrieved party being paid the amount of consideration owing to the breach of contract. Further, the breaching party can be asked for specific performance of the contract, where they have to specifically fulfil the obligations covered under the contract. Another option is to get an injunction order, where the breaching party is stopped from doing a particular task. Lastly, the aggrieved party can get the contract rescinded (Australian Contract Law 2010). One of the major concepts under the contract law relates to the vitiating factors. Vitiating factors are such factors in a contract, which gives the aggrieved party the right to get the contract rescinded, amongst the other options. The five key vitiating factors which can be present in a contract, making it voidable at the option of the aggrieved party includes misrepresentation, duress, undue influence, mistake and illegality (Barnett Harder 2017, p. 392). Duress is a vitiating factor where by the party is forced to enter into contract, owing to a threat, which could be of physical injury, duress to goods and economic duress (Spark 2013, p. 2013). Misrepresentation Misrepresentation is such a case where one of the parties in a contract, is told a false statement of fact, which induces this party to get into the contract. Once it can be shown successfully, that indeed a case of misrepresentation was present, the aggrieved party has the option of getting the contract rescinded as the presence of misrepresentation would make the contract voidable at the option of the aggrieved party. Alternatively, they can also apply for damages (E-Law Resources 2017h). In the case of Smith v Land and House Property Corp (1884) 28 Ch D 7, the claimant was about to purchase the hotel being sold by the respondent. While the negotiations were going on, the tenant in the hotel was described by the respondent as being the most desirable one. The reality was very different from this. This was due to the fact that the seller knew that the particular tenant was not paying his rent and that he was about to be declared as a bankrupt. The statement lied here was a statement of fact and not of opinion. This was due to the reason that the respondent was in such a position to know the status of payments made by the tenant. And due to the false statement of fact being made in this case, the court held that a case of misrepresentation was indeed present (E-Law Resources 2017i). It is crucial that the false statement is a statement of fact and not that containing an opinion. Bisset v Wilkins [1927] AC 177 was a case where this was upheld by the court. In this case, a statement was made by the respondent in which he stated that the land could possibly hold around 2,000 sheep. The claimant relied on this statement and bought the land. Though, he came to know later on that the estimate given by the respondent was not true. And so, he brought an action for misrepresentation against the respondent. The court held that in this case, the statement of the respondent was one of opinion and did not contain any fact. Hence, the claim of the claimant failed (E-Law Resources 2017j). In a different case, i.e., in Car Universal Credit v Caldwell [1964] 2 WLR 600, the court upheld the presence of fraudulent misrepresentation. And due to these reasons, the court allowed Caldwell to rescind the contract (E-Law Resources 2017k). In the given case study, the first step which is required is to show that a contract was formed between Amy and Judy. Judy came to Amys home business, where she saw the dog which had the same description as the one in the Facebook advert. This would be deemed as an invitation to treat as the goods kept on shelf of the seller are not an offer to sale as per the case of Pharmaceutical Society of Great Britain v Boots. Only when Judy would go to Amy with the intention to purchase the dog, would an offer be made. It is very clearly stated in the case study that Judy went and talked to Amy. This would be deemed as an offer by Judy, whereby she offered to purchase the dog on display for a price of $1,000. As has been stated in the rules segment, the acceptance can be obtained from the conduct of the parties. In this case, Amy accepted the payment which was made by Judy, which on the basis of Brogden v. Metropolitan Railway Company would be deemed as an acceptance by performance of the cont ract. So, the elements of agreement have been clearly established here and were present between Judy and Amy. The next requirement is to show that the element of consideration was present in this case. The case study shows clearly that Judy and Amy agreed to the consideration of $1,000. On the basis of Chappell Co Ltd v Nestle Co Ltd, it is very clear that this value has economic consideration. And so, it would be valid. However, in this case, Judy asked for a higher amount after the contract had been formed. The remedies on the basis of this have been discussed later on. Another step required in the contract formation is intention of the parties. In this case, the intention is very clear as Amy wanted to sell the dog and had invited interests of the parties for the same. And the intent of Judy is also clear as she wanted to buy the dog and even paid a higher sum for the same. Hence, this element was clearly present. The capacity of the parties had to be shown also. There is nothing in the case study which could suggest that either Judy or Amy did not have the requisite capacity to enter into the contract. There is nothing to show that either of them lacked contractual age or that they were not of sound mind. Hence, it is presumed that the parties had the contractual capacity. One of the key elements of the contract which need to be established here is that the terms of the contract were clear. It was very clear in this case that Amy would provide Judy with a pure breed Cavalier King Charles male puppy, who had been properly vet checked, had been vaccinated, wormed and micro chipped. Along with this, the dog had been socialised with the standard puppy training, along with having a beautiful temperament and loved the company of all. The term regarding the consideration was also clear where Judy would pay $1,000 for this dog. It was also clear that Judy would be taking the dog after two days, as she was required to obtain the permission from her landlord. These were the terms on which the contract was formed. The last requirement relates to consent of the parties. The consent to the agreement was given freely by both the parties; though, the presence of vitiating factors, which led to this consent being put in question have been discussed later on. As all the requisite elements of contract were present in this case, a contract was formed between Amy and Judy. The moment Judy asked Amy for additional amount of $200, the contract was breached. This is because the terms of the contract made it very clear that Judy would be provided with a vaccinated dog and that the consideration price was $1,000. There was nothing in the terms which showed that the cost of vaccination would have to be paid separately. Hence, by asking Judy to pay a higher consideration than what was promised under the contract, Amy breached the contract. And in this case, Judy has the option of claiming the extra $200 paid by claiming them as monetary compensation for the breach of contract. Another option available with Judy is to apply for specific performance of the contract. This would mean that Amy would be forced to accept the price of $1,000 only and would not be paid the addition sum of $200. However, these two claims cannot be made by Judy. This is because she agreed to pay the increased sum without even protesting against the same. This would mean that the terms o f the original contract were changed and both parties agreed to it. Hence, Judy would not be successful in making a claim of breach of contract, owing to her acceptance of the increased prices. Vitiating Factors In this case, there are two main vitiating factors which become applicable owing to the conduct of Amy. The first one has been discussed in this segment, which relates to duress. The duress in this case can be established through the case of North Ocean Shipping v Hyundai. Similar to the quoted case, in the case study also, Judy was asked for more money, which Judy paid to Amy without any protest. Asking additional money was established as something which leads to duress in the quoted case. And on the basis of the quoted case, Judy can make a claim of duress against Amy. This would give her the right of getting the contract voided. However, Judy would have to take actions at the earlier, or else, as was done in the quoted case, she would lose her right for getting the contract rescinded. In this case, Amy also indulged in misrepresentation. This is proved from the fact that she lied about the dog being well trained. The dog was not trained as he did not respond to any orders, barked for the whole night, made Judys room a big mess and refused to get along with the people. Also, unlike the initial promise of being properly socialized with standard of puppy training, the dog had clear training problems. This would be deemed as a statement of fact, which was lied upon by Amy, on the basis of Smith v Land and House Property Corp. The reason for this is that Amy was a pet breeder who had bred the dog and who had claimed that he had a number of qualities. Due to her position, she had the capacity to know the truth and would have known that in reality, the dog was not trained properly. The reason for not considering this a statement of opinion, on the basis of Bisset v Wilkins can be found in the wordings of the advertisements which stated that the dog had all these qualities. As the breeder of that particular dog, Amy knew the reality was far from what had been quoted by her in the advertisement. Hence, she made a deliberate and fraudulent misrepresentation in this case. And due to these reasons, Judy can get the contract rescinded in the similar manner as was done in Car Universal Credit v Caldwell. This would allow Judy to go to Amy and ask for the contract to be rescinded. Another option which Judy has in this case is not to get the contract rescinded and instead claim damages. These damages could include the hardships she had to face due to the puppy not being well trained, along with the cost of training the puppy properly, so that the dog behaves properly and responds to the instructions given to it. Conclusion The application of the rules to the case study provides that a contract was formed between Judy and Amy as the requisite elements of contract were clearly present. However, due to the presence of vitiating factor in the contract, which is misrepresentation and duress, on part of Amy, and Judy can apply for remedies in form of rescinding the contract or claiming damages. References Andrews, N 2015, Contract Law, 2nd edn, Cambridge University Press, UK. Australian Contract Law 2010, Remedies, Australian Contract Law, retrieved 31 August 2017, https://www.australiancontractlaw.com/law/remedies.html. Barnett, K Harder, S 2014, Remedies in Australian Private Law, Cambridge University Press, Victoria. Blum, BA 2007, Contracts: Examples Explanations, 4th edn, Aspen Publishers, New York. E-Law Resources 2017a, Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401 Court of Appeal, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/Pharmaceutical-Society-of-Great-Britain-v-Boots.php. E-Law Resources 2017b, Partridge v Crittenden (1968) 2 All ER 421, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/Partridge-v-Crittenden.php. E-Law Resources 2017c, Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Court of Appeal, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/Carlill-v-Carbolic-Smoke-Ball-Co.php. E-Law Resources 2017d, Harvey v Facey [1893] AC 552 Privy Council, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/Harvey-v-Facey.php. E-Law Resources 2017e, Felthouse v Bindley [1862] EWHC CP J35 Court of Common Pleas, E-Law Resources, retrieved 31 August 2017, https://www.e-lawresources.co.uk/Felthouse-v-Bindley.php. E-Law Resources 2017f, Addis v Gramophone [1909] AC 488 House of Lords, E-Law Resources, retrieved 31 August 2017, https://e-lawresources.co.uk/cases/Addis-v-Gramophone.php. 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The effect of methamphetamines on prenatal and postnatal development

Biophysical Information: Biophysical Strengths and Hazards The case study on Kim gives a clear information on the effect of methamphetamines on prenatal and postnatal development. The case study shows that the use of Methamphetamines (Meth) by mothers during the prenatal stage may have serious physical effects during the process of giving birth.Advertising We will write a custom critical writing sample on The effect of methamphetamines on prenatal and postnatal development specifically for you for only $16.05 $11/page Learn More Although there is no clear indication that the use of Meth may affect fetus, the intracranial bleeding that Kim suffered during birth could be attributed to this. The mother used this drug during the prenatal period, and Kim’s blood even tested positive for this drug. Two of the common symptoms of usage of this drug include increased blood pressure and muscle breakdown. These two factors have adverse effects during the del ivery process. Most of the problems that Kim had been suffering from could be attributed to the intracranial bleeding she suffered during birth. It is not clear what could have caused this hemorrhage, but it is possible that the blood pressure and the breakdown of the muscles at this important stage could have resulted in this bleeding. This had forced Kim to lead an abnormal life, especially following the severe development delays. Even if it may not be conclusive to state that Meth used by the mother could be responsible for this, it is very likely that the hemorrhage had a lasting negative impact on this child. This is a clear indication that the use of Meth during prenatal care may have serious negative consequences during postnatal developments. Psychological Information: Psychological Strengths and Hazards Kim’s case presents a number of psychological information on prenatal and postnatal care, in relation to bonding and attachment issues. It is clear from the case that Kim should be taken to foster care. However, the mother has strong attachment with the child. The attachment is so strong that the mother ignores the benefits that she could get from this professional care. Child Protective Service (CPS) would help ensure that the child’s condition is not worsened by any form of neglect from the two parents who are addicted to drugs. The ability of the mother to offer care to this delicate child can be demonstrated by the way the other two children are cared for in this family. However, leaving this child entirely under the mother’s care poses some hazards. For instance, some of the effects of Meth abuse include hallucination and depression. When such symptoms come, the mother may lack the capacity to take care of the child appropriately despite the strong bonding.Advertising Looking for critical writing on social sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Social Information: Soc ial Strengths and Hazards This case also raises some social issues regarding postnatal care for children who have delicate conditions like Kim. The case brings out the importance of having children like Kim taken to foster care, especially when the parents prove to be completely irresponsible. It is important to understand factors that practitioners should consider in making assessments for foster care placements. As Chor (2013) observes, foster care is appropriate when it is confirmed that parents are irresponsible, and the environment at home is not appropriate for postnatal care. Practitioners should consider factors such as availability of the mother and her ability to care for the child, the level of hygiene in the house and its environment, and any possibility of violence from any member of the family towards the child. At Kim’s family, the environment is generally safe, except for the possible threat that may be posed by the young brothers who may need to play with the ir younger sibling. The parents took the two boys away from the family as a way of protecting Kim from their playful activities, but they returned after three days. This is an indication that although the mother is insisting that she is committed to protecting Kim it is possible that she will forget to follow some of the procedures, and this may jeopardize the condition of this child. The inability of Kim to experience normal development could partly be attributed to the interruption in care giving. Therefore, it is important to understand some of the potential consequences of interruptions in care giving. Upon delivery, Kim experienced intracranial bleeding which could have affected delicate organs in the brain. She also tested positive for Crystal Meth at this delicate stage. This means that the child needed professional prenatal care for the normal growth. The health practitioners realized this, and assigned a nurse for this activity. This would have been done effectively if the mother had given her for foster care. The nurse was forced to trust the parents who insisted that they would stop drug abuse, and this would be confirmed by a regular urine drop test. However, both of the parents failed to pass the tests. As a result, this could have contributed to the severe developmental failure in Kim even after eleven months.Advertising We will write a custom critical writing sample on The effect of methamphetamines on prenatal and postnatal development specifically for you for only $16.05 $11/page Learn More Position Paper Form: Thoughts on Position and Literature Support This case demonstrates that prenatal care is as important as postnatal care, and any negligence at any of the stages may result in serious negative consequences for a child. Kim’s developmental problems can directly be attributed to the intracranial bleeding and premature birth the mother had. She was born prematurely, and experienced hemorrhage in the proc ess. This can be attributed to the parents’ abuse of drugs, especially the use of Meth by the mother. It is an indication that there was lack of prenatal care for the pregnancy. This is supported by the fact that the child tested positive for crystal Meth. As Anderson (1998) observes, it is important for a mother to avoid any hard drugs during prenatal care as a way of protecting fetus. Some of these drugs, Crystal Meth included, always find their way to the fetus through the placenta, and this may affect their development (Buckner, Heimberg, Ecker Vinci, 2013). This means that the parents are directly to blame for the unfortunate incident that occurred during the delivery. The parents have also failed to offer appropriate postnatal care to the child. The father went back to taking beer even after promising that he would avoid the habit. This strongly suggests that these parents have failed to follow the guidelines they were given on how to care for this child. It explains t he severe developmental problems Kim experienced at the age of eleven months. Kim has all the characteristics of failure to thrive and other relevant developmental issues of infancy. This started during premature birth, the intracranial bleeding, and poor postnatal care offered by the parents. Person in the Environment (PIE) Form Social Role It is clear from the case that nurses have social responsibility to ensure that parents act responsibly during prenatal and postnatal care. Kim’s status would have been better if the practitioners had detected crystal Meth in the mother’s blood earlier. Precautionary measures would have been taken. According to Silva and Tavares (2006), any usage of hard drug by the mother during prenatal care may affect the fetus in many ways. Environment As Ashford and LeCroy (2010) observed, the ability of infants to thrive always depends on the kind of postnatal care they are given. The kind of environment offered to an infant at this stage pla ys a pivotal role in ensuring that the child’s development is assured. Kim lacked this positive environment, and this has slowed her rate of development.Advertising Looking for critical writing on social sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Mental Disorders Mental disorders can always result from poor prenatal and postnatal care. According to Melo, Suchman, McMahon, Zhang, Mayes, and Luthar (2006), any severe trauma on the brain during birth or at the infancy stage may affect the child’s development causing mental disorders. Kim faces a possible mental disorder, especially due to the trauma that resulted in intracranial bleeding. If she is not given specialized medical attention on time, there is a possibility that she will have to live with a permanent mental disorder that could have been avoided if an appropriate prenatal and postnatal care was offered. Physical Disorders It is possible for an infant to suffer physical disorder if the mother fails to offer an appropriate prenatal or postnatal care as needed. Abuse of crystal Meth by the mother could have resulted in failure of muscles during delivery, which could have caused physical injury on Kim’s skull. Besides the mental injury that could be caused, Kim may be forced to live with other physical disorders resulting from the damage of various parts of brain. References Anderson, V. (1998). Assessing Executive Functions in Children: Biological, Psychological, and Developmental Considerations. Neuropsychological Rehabilitation, 8(3), 319-349. Ashford, J. B., LeCroy, C. W. (2010). Human behavior in the social environment: a multidimensional perspective. Belmont: Cengage Learning. Buckner, J. D., Heimberg, R. G., Ecker, A. H., Vinci, C. (2013). A biopsychosocial model of social anxiety and substance use. Depression and Anxiety, 30(3), 276-284. Chor, K. (2013). Overview of Out-of-Home Placements and Placement Decision-Making in Child Welfare. Journal Of Public Child Welfare, 7(3), 298-328. Melo, P., Suchman, N. E., McMahon, T. J., Zhang, H., Mayes, L. C., Luthar, S. (2006). Substance-abusing mothers and disruptions in child custody: An attachment perspective. Journal Of Substance Abuse Treatment, 30(3), 197-204. Silva, M., Tavare s, M. (2006). Effects of Prenatal Exposure to Methamphetamine on the Development of the Rat Retina. Annals of the New York Academy of Sciences, 1074(1), 590-603. 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