Byrne and Frew vs. Australian Airlines - Free Essay Example

CONTRACT LAW 1 Name: Professor: Course Code: Date of Submission: Paper Outline: Introductionà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦.3 What is contract law? Macaulay and Macneil on contracts Relational contract theory Purpose of the paper Case law of Byrne and Frewà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦.à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦3 Concept of implied Terms and Relational Contractsà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦4 Relational Contracts and Byrneà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..6 Conclusionà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢ ‚ ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..8 Summary of the points identified. Referencesà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..9 Introduction: Contracts refer to agreements creating obligations that are enforceable by law. The basic elements that constitute a contract are consideration, mutual assent, legality, and capacity (Barker, 2000). Macaulay and Macneil identify another perspective of contracts, by introducing relational contract theory (Macneil and Evanston, 2013). A relational contract is a type of contract that is built upon the relationship of trust between parties concerned. Under this theory, parties involved in a commercial contract are engaged in creating a long term relationship, affecting the manner in which they w ill associate with one another. This paper examines whether relational contract gives an adequate explanation on the reasons as to why the High Court did not imply terms when analyzing the case of Byrne and Frew against Australian airlines. This paper takes a stand that relational contract does not give an adequate explanation on why the court refused to imply the terms identified. The Case of Byrne and Frew: In the case of Bryne and Frew vs. Australian Airlines, the main issue that the court was to determine on the relationship between an individual employment contract, and an award from the industrial court. The two appellants were employed by the Australian airline company. They were dismissed on assertions that they interfered with luggages of the airline customers. This is after they were captured by the secret cameras, interfering with luggages. They sued the airline company for purposes of recovering damages, because of a statutory provision of clause 11 (a) which provi ded that the termination of an employment contract should not be unjust, unreasonable, or harsh (Gooley, Radan and Vickovich, 2007). Their main argument was that clause 11 (a) is an implied term in an employment contract, and on this basis, the company breached these terms by dismissing them through a harsh and unjust manner. In coming up with a judgment, the court denoted that terms can either be implied by law, or by fact. The court gave an opinion that the test of an implied term in a formal contract is established by the case of BP refinery vs. Hastings Shire Council (Ellinghaus, 2007). Terms that are implied by fact must pass the test of equitable and reasonableness, have a clear expression, obvious, consistent, and must pass the test of business efficacy. These terms did not pass the obvious test, and hence they cannot be implied. Implied Terms and Relational Contracts: An implied term refers to the legal provisions that are not directly identified by a spoken word, b ut introduced in a contract through courts as a necessary method to give meaning to the intentions of a contracting party. It is possible to imply a term in a contract through law. This is depicted in the 1977 case of the city council of Liverpool vs. Irwin (Ellinghaus, 2007). Under this case, the tenants lived in a fifteen storey tower, whose lifts did not work, and stairs in a bad condition. Tenants refused to pay, citing that the council had a duty to keep the common parts of the building in a decent manner. The court was to rule on whether maintaining the common parts of a building was the responsibility of the landlord or not (Barker, 2000). Lord Wilberforce was very categorical by denoting that it was necessary for tenants to live in a house maintained by the landlord (Willmott and Butler, 2013). The court gave a ruling that an implied word under this scenario must pass the test of necessity (Willmott and Butler, 2013). The words, à ¢Ã¢â€š ¬Ã…“taking reasonable careà ¢Ã ¢â€š ¬Ã‚  passes this test. The question to ask; what is reasonable care under this circumstance? The court ruled that à ¢Ã¢â€š ¬Ã…“reasonable careà ¢Ã¢â€š ¬Ã‚  is dependent on what tenants should do for themselves (Willmott and Butler, 2013). It was the duty of tenants to take care of the landlordà ¢Ã¢â€š ¬Ã¢â€ž ¢s property, and hence these terms could be implied. It is also possible to imply contract by facts. Justice Mason, in giving a ruling in Codelfa construction vs. State Rail Authority, denotes that it is appropriate to imply a term, if it is obvious. In determining an obvious situation, the court will use the bystander test. This is a test in which the court might try to find the opinion of a neutral person. Codelfa was contracted by the railway authority, and he was allowed to work around the clock (Gooley, Radan and Vickovich, 2007). However, an injunction prevented him from working on Sundays, and during the night. The court refused to recognize the terms à ¢Ã ¢â€š ¬Ã…“authority would indemnify any additional costs, if their working hours was affectedà ¢Ã¢â€š ¬Ã‚  because they were not obvious (Gooley, Radan and Vickovich, 2007). It is also possible to imply a contract by customs. This is contained in a decision arrived by the court in Con-Stan industries vs. Norwich Winterthur Insurance. The judges denoted à ¢Ã¢â€š ¬Ã…“that it is possible to imply a term based on the custom, provided that there is considerable evidence that the custom under consideration is well established in that industry, and a contract in that situation can be assumed to have borrowed the term, and incorporated it in the contractà ¢Ã¢â€š ¬Ã‚  (Gooley, Radan and Vickovich, 2007). Though this ruling, the judges agreed that an established custom in a particular industry can be implied in a contract that governs relations in the industry under consideration. Under this case, Con-Stan hired an insurance broker, Norwich, who was approved by the insurance compan y. Norwich went into liquidation and Con-Stan sued for unpaid premium, denoting that it was the customs of the insurance industry, for people to pay premiums to brokers. The court ruled that the custom identified is not recognized within the industry. Relational contract views a contract as a relation, rather than a transaction (Gooley, Radan and Vickovich, 2007). The basic characteristic of a relational contract is that there must be mutual trust, respect, and good faith amongst the parties engaged in the contract. It is impossible to conduct a relational contract without the use of implied terms. Bryne and Frew and Relational Contracts: There are a variety of reasons given as to why the High Court refused to imply the terms harsh, unjust and unfair in the case of case of Byrne and Frew against Australian airlines. One of the decisions given by the High Court is that the words unjust, unfair and harsh treatment was not implied in circumstances of the case under considerati on. This is after Justice Hill, of the Federal Court found out that Australian airlines did carry out a proper investigation on the conduct of the accused, and it specified the type of misconduct they were accused for. Further on, Justice Hill was able to denote that Australian airline proved that it gave the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s time to defend themselves against the allegations (Gooley, Radan and Vickovich, 2007). In the Australian legal system, there are very few laws that explain the concept of a fair procedure under employment contracts. In Bryne and Frew, the appellants appealed against the lower courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision that Australian airlines followed the correct procedure, and was fair in dismissing the appellants. Carter (2006) identifies the following facts that the courts normally consider when identifying a correct procedure, Notifying the employee on the accusations against him or her. Giving them an opportunity to defend themselves. Carrying out proper investigations. Solving the case in the same manner that previous similar cases have been solved. It is these procedures that Bryne and Frew argued that the company breached. However, in defending themselves, Australian airlines argued that in circumstances where the court finds out that the company breached the procedures of employment, then the court should consider that the words harsh, fair and unjust are not implied words, and hence they are not part of the employment contract. The court agreed on this assertion by Australian airlines, and refused to imply those terms in the contract. By refusing to imply these words, and relying more on express words, and statutes, the court did not use the principles of relational contract theory in coming up with their decisions (Paterson and Duke, 2012). It is important to denote that an employment contract is an example of a relational contract, and this is because it does not create rigid conditions and terms when it is being initiated. However, it creates an evolving relationship, whereby parties agree to cooperate with each othe r, for their mutual benefits (Gooley, Radan and Vickovich, 2007). On this basis, an important characteristic of a relational contract is that parties agree to cooperate with each other, based on the principles of good faith. By refusing to imply those words in an employment contract, the court affected this principle of good faith. This ruling limited the kind of damages that employees could get. This had an effect of limiting the applications of the ruling contained in Gregory vs. Philips (Butler, Duke and Wilmott, 2013). According to the principles of good faith in the employment law, employees expect an employer to treat them fairly, and in a just manner. These are implied expectations, and they are not expressed. By refusing to imply these words, the courts played a role in destroying this principle of good faith, a major characteristic of relational contracts. A relational contract is also based on mutual trust and confidence. This is a major principle that guides an employm ent contract, and if it is breached, this trust and confidence amongst the parties to the contract would be destroyed. By recognizing that Australian airline breached the procedures of dismissing employees, and then refusing to imply the words harsh, unjust and unfair, in an employment contract, did not help in creating a sense of mutual trust and confidence to the employer (Gooley, Radan and Vickovich, 2007). This had an effect of portraying the company, as one which does not carter for the need of its employees. Conclusion: In conclusion, the court refused to honor the implied term, basically relying on the law, and express facts. In refusing to honor this term, the court was of the opinion that the word, harsh, unfair, and unjust did not satisfy the test that allows terms to be implied by law. For a term to be able to be implied by law, it has to satisfy two major conditions; applicable to a defined and specific category of contracts, and suitable in a manner that it would be applied in all similar contracts. The test of necessity had to be used under this scenario. The case did not pass this test, and hence, these words could not be implied. Furthermore, the terms identified did not pass the bystander test. The term harsh, unjust and unfair are not very obvious, or necessary for the contract under consideration to operate. On this basis, it could not be implied. References: Barker, D. (2000). Essential Australian Law. London: Routledge Cavendish Australia. Butler, C., Duke, S., Wilmott, C. (2013). Contract Law: Case Book,. Oxford: Oxford University Press. Carter, J. W. (2006). Carters guide to Australian contract law. Chatswood, NSW: LexisNexis. Ellinghaus, M. P. (2007). Australian cases on contract (2007 ed.). Melbourne, Vic.?: Code Press. Gooley, J., Radan, P., Vickovich, I. (2007). Principles of Australian contract law: cases and materials. Chatswood, NSW: LexisNexis Butterworths. Macneil, I. R., Evanston, I. (201 3). Relational contract theory: unanswered questions : a symposium in honor of Ian R. MacNeil.. Oxford: Oxford University Press. Paterson, J., Duke, A. (2012). Principles of Contract Law,. Sidney: Thomson Reuters,. Willmott, C., Butler,, D. (2013). Contract Law, (4 ed.). Oxford: Oxford University Press. References:

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Write an analysis on Ode to a Nightingale, focus Essay ing on how Keats presentssome of the ideas he was struggling with at the time. A major point in Ode to a Nightingale is Keatss perception of theconflicted nature of human life, i.e., the interconnection or mixture ofpain/joy, life/death, mortal/immortal, the actual/the ideal, and theinextricable link between the real and the unreal. In the ode, Keatsfocuses on immediate sensations and emotions that the reader can draw aconclusion from or a notion. Throughout the ode he is trying to workthrough his ideas and feelings about pleasure and pain, and the linkbetween the real and the unreal. The opening of the poem is very heavy and negative; my heartaches, with numbness pains my sense making the reader think that it mustbe a very heavy pain to be felt when a person is numb. He feels as if hemight have of hemlock drunk or emptied some dull opiate to the drains;this resembles the qualities of the Lethe, the Underworld river that thedead drank from in order to forget all that they had done or said whileliving. The feeling is in fact the result of a deep awareness of thehappiness of the nightingale he hears singing; his resulting pleasure is sointense it has become painful. He feels joy and pain, a response of twominds he is happy, but he is too happy, which is then what is causing himthe pain. The ode reads as if Keats is jealous, but he is not, he isexamining the ironic link between happiness and sorrow; can pleasure be sointense that it numbs us or causes us pain? At the beginning of the ode,the bird is presented to us as a real bird, but as the poem progresses, thebird becomes a symbol for the beauties of nature and the ideal world. In the opening of the poem, a sense of sluggish weightiness issuggested by the heavy, almost thudding, alliterative sounds produced bythe repetition of d (drowsy, drunk, dull, drains), m (My,numb, hemlock, minute), and p (pains, emptied, opiate,past). If we compare this to the effects created in the second half ofthe stanza by the light assonantal trees, beechen green andsibilant sounds shadows, singest, summer the reader can see thatthe nightingale, in comparison to the poet, is a much freer spirit. Wanting to escape from the pain of a joy-pain reality, Keats beginsto move into a world of imagination or fantasy. He then says he wants to beintoxicated, clearly not wanting to get drunk, but he is associating thewine with a quality, or a state of mind which he is seeking. He wishes todrink to escape the real world, to leave the world unseen and enter theideal world through fantasy; he wants to be full of warmth and beauty; hewants to be free like the nightingale. He wishes to forget the negativity,aging, and the suffering of the world. Youth grows pale; could be seen ashim referring to his brother dying of tuberculosis a few years earlier, andbeauty cannot keep meaning everything beautiful dies. He personifiesbeauty here, with her lustrous eyes making beauty human, and so it willfade and die as all humans do eventually. The description of drinking andof the world associated with wine is idealized. The word vintage refersto a fine or prime wine; and it is used because if he was drin king a cheapwine, it would not have as pleasant an effect on him. Positive imagery isused much more as the feeling in the second stanza becomes a lot lighter,happier and freer. The activities in line 4 follow one another naturally:like a dance, and dance is associated with song; together they producepleasure (mirth), which is sunburnt because the country dances are heldoutdoors. Keats repeatedly combines different senses in one image; heattributes the traits of one sense to another, a practice calledsynaesthesia. Sunburnt mirth is an excellent example of synaesthesia inKeats imagery, since Flora, the green countryside, etc. are beingexperienced by Keats through drinking wine in his imagination. .ua3c3158c85f52f2a775f030a78677d37 , .ua3c3158c85f52f2a775f030a78677d37 .postImageUrl , .ua3c3158c85f52f2a775f030a78677d37 .centered-text-area { min-height: 80px; position: relative; } .ua3c3158c85f52f2a775f030a78677d37 , .ua3c3158c85f52f2a775f030a78677d37:hover , .ua3c3158c85f52f2a775f030a78677d37:visited , .ua3c3158c85f52f2a775f030a78677d37:active { border:0!important; } .ua3c3158c85f52f2a775f030a78677d37 .clearfix:after { content: ""; display: table; clear: both; } .ua3c3158c85f52f2a775f030a78677d37 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ua3c3158c85f52f2a775f030a78677d37:active , .ua3c3158c85f52f2a775f030a78677d37:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ua3c3158c85f52f2a775f030a78677d37 .centered-text-area { width: 100%; position: relative ; } .ua3c3158c85f52f2a775f030a78677d37 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ua3c3158c85f52f2a775f030a78677d37 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ua3c3158c85f52f2a775f030a78677d37 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ua3c3158c85f52f2a775f030a78677d37:hover .ctaButton { background-color: #34495E!important; } .ua3c3158c85f52f2a775f030a78677d37 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ua3c3158c85f52f2a775f030a78677d37 .ua3c3158c85f52f2a775f030a78677d37-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ua3c3158c85f52f2a775f030a78677d37:after { content: ""; display: block; clear: both; } READ: A Modest Proposal Response PaperThe image of the beaded bubbles winking at the brim is much admiredfor its onomatopoeic effect; it captures the action of sparkling wine andthe alliteration duplicates the sound of bubbles bursting. This image ofthe bubbles is actual; in contrast, the previous imagery in the stanza isabstract. His awareness of the real world pulls him back from the imaginedworld of drunken joy. He still perceives the real world as a world of joyand pain (the two being linked). Keats thinking of the human circumstanceintensifies Keats desire to escape the real world. Keats uses the wordfade in the last line of the second stanza and in the first line of thethi rd stanza to tie the stanzas together and to then be able to move easilyinto his next thought. By implication, the nightingale lives in a worldmuch different to Keats own; the nightingales world is full of beauty andtherefore will last forever, whilst Keats own world will not, it will oneday die and fade away. AKeats suddenly cries out Away! away! for I will fly to thee. He thenturns to fantasy again; he rejects the idea of drinking wine in line 2, andin line 3 he announces he is going to use the viewless wings of Poesy tojoin the nightingale. He explains that it might be difficult to get there,but in fact he is already there with the nightingale in the fantasy worldin his mind. He contrasts the experience through poetry to the dull brainthat perplexes and retards (line 4); the mind is often related to work,while the heart is usually related to emotion. In line 5, he seems tosucceed in joining the nightingale. The imagined world described in therest of the stanza is dark; there is no light, associating the light andthe dark to Platos Cave; the theory of the harsh light being the realworld, and the soft darkness is the ideal world. ABecause Keats cannot seein the darkness, he relies on his other senses, taking us through them inthe next stanza. Not being able to see makes the experience more intense,and the language intensifies with it, and the tone of the poem changes. Even in the dark refuge, death is present; embalmed meaning both amethod of burial and a sweet smell. Even in the ideal world there are stillnegative points. The hints of death bring the tone of the ode down again,to prepare us for his coming out of his trance in the last stanza. Itcould be said that death was almost anticipated (in a sort of propheticirony) by the vague suggestions in the words Lethe, hemlock, drowsynumbness, poisonous, and shadowy darknessIn the sixth stanza, Keats starts to distance himself from thenightingale, which he joined in imagination in the earlier parts of theode. Keats says he yearns to die, a state which he imagines as only joyful,as pain-free, and a state in which he can truly merge with the birds song. The nightingale is set apart as wholly blissfulfull-throated ease inthe first stanza and pouring forth thy soul abroad / In such an ecstasy!(lines 7-8). In the last two lines of this stanza, the poet no longeridentifies with the bird. He realizes what death means for him; death isnot release from pain; rather it means non-existence, the inability to feelthe birds ecstasy. Keats realizes that it is the song that will last, notthe bird, because if the nightingale were to fly away, the song would leavewith it. .ud98aa9067b8a8d2653643d539a1b1eea , .ud98aa9067b8a8d2653643d539a1b1eea .postImageUrl , .ud98aa9067b8a8d2653643d539a1b1eea .centered-text-area { min-height: 80px; position: relative; } .ud98aa9067b8a8d2653643d539a1b1eea , .ud98aa9067b8a8d2653643d539a1b1eea:hover , .ud98aa9067b8a8d2653643d539a1b1eea:visited , .ud98aa9067b8a8d2653643d539a1b1eea:active { border:0!important; } .ud98aa9067b8a8d2653643d539a1b1eea .clearfix:after { content: ""; display: table; clear: both; } .ud98aa9067b8a8d2653643d539a1b1eea { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ud98aa9067b8a8d2653643d539a1b1eea:active , .ud98aa9067b8a8d2653643d539a1b1eea:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ud98aa9067b8a8d2653643d539a1b1eea .centered-text-area { width: 100%; position: relative ; } .ud98aa9067b8a8d2653643d539a1b1eea .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ud98aa9067b8a8d2653643d539a1b1eea .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ud98aa9067b8a8d2653643d539a1b1eea .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ud98aa9067b8a8d2653643d539a1b1eea:hover .ctaButton { background-color: #34495E!important; } .ud98aa9067b8a8d2653643d539a1b1eea .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ud98aa9067b8a8d2653643d539a1b1eea .ud98aa9067b8a8d2653643d539a1b1eea-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ud98aa9067b8a8d2653643d539a1b1eea:after { content: ""; display: block; clear: both; } READ: Drug Legalization In America EssayKeats moves from his awareness of his own mortality in the precedingstanza to the perception of the birds immortality. On a literal level, hisperception is wrong; this bird will die. On another level, he is suggestingthat the nightingale is a symbol of the continuity of nature. AForlorn and perilous would not ordinarily be associated withmagic/enchantment. These words hint at the pain the poet recognized in thebeginning of the poem and that which he is trying to escape. The poet repeats the word forlorn from the end of the seventhstanza; Keats is now forlorn, as thinking of the world has brought him backinto the real world. He describes the word forlorn as a bell, and each wordfrom the very to sole self has one syllable, and when read sounds verymuch like the tolling of a bell. In lines 2 and 3 or this stanza, the poetsays that fancy (his imagination) has cheated him, as has the elf (thenightingale). The bird has ceased to be a symbol and is again the actualbird the poet heard in the first stanza. Keats, like the nightingale, hasreturned to the real world. The birds song becomes a plaintive anthemand gets fainter as it flies away, which is Keats examining the idea ofpermanence through art, and art being beauty. If the bird flies away, thesong will leave too. The song dying is the last of the death imagesrunning through the poem. With the last two lines of the ode, Keats wonders whether he has hada true experience or whether he has been daydreaming. He is bothquestioning the validity of the experience, and expressing his inability tomaintain a true vision for a long time. This is another time where heexamines the permanence of things in art and the imagination. Is hisexperience a false vision, or is it a true experience of insight into thenature of reality?

Writing an Essay About Yourself - How to Write Yourself Using Proven Essay Techniques

Writing an Essay About Yourself - How to Write Yourself Using Proven Essay TechniquesIt is not easy to write an essay about yourself. It is your story. Yet you may find that the process of writing an essay about yourself is one that you dread. In this article, I will explore the steps you should take to make sure that you are writing a well-written essay about yourself.One of the reasons you may dread writing about yourself is because it can be a source of anxiety and embarrassment. You may have done a great job in your career or you may have been an excellent student. But it can also happen that you write about yourself in a manner that is not appropriate to what you say.For example, young people in school may try to impress their classmates by telling them how much they excel in class. This may encourage them to believe that they are very good at what they do. However, if their essay is not written well, this impression may not be correct.When you are writing an essay about yoursel f, it is important to avoid such self-deception. You want to know that your writing is accurate. So you need to make sure that you include details in your essay about yourself that are positive. You should also make sure that your essay is written with precision.Examples of precision in writing include using first person pronouns. When you write about yourself in the third person, you are not being deceptive. Instead, you are providing details that cannot be learned from other sources. To ensure that your writing is accurate, it is best to use first person pronouns.You may also be apprehensive about writing about yourself because you are unsure about how to write about yourself. In addition, you may be unsure about how you would feel in writing about yourself. So you may prefer to have a writer friend help you out. But if you are not comfortable about having a friend write about you, you may want to hire a professional.Professional writers, especially those who specialize in essays about yourself, can offer you guidance about how to write about yourself in a way that is most effective. Writing about yourself as a professional is usually easier than writing about yourself as a student. For example, if you have a favorite pastime, a professional writer may be able to help you tell your story. This is a wonderful opportunity for a student to share what he or she enjoys doing with others.If you are trying to write an essay about yourself, it is important to be honest. Remember that you have many strengths and weaknesses. By including your strengths and weaknesses in your essay, you are likely to come up with an essay that readers will enjoy reading.

Essay Topics Related to Atmosphere

Essay Topics Related to AtmosphereMany students often face a tough time in choosing essay topics related to atmosphere. Not all individuals are sure what the definition of atmosphere is. Therefore, it is very important for them to know that it is a characteristic of an atmosphere and that is that an atmosphere is a condition of physical and mental reactions of a person or a group towards a specific object.It can be classified into five different types of essay topics that are interesting and related to the atmosphere and the five categories are Competition, Environment, Health, Science and Technology. The topics related to competition are written about in terms of the number of schools and places they have been entered in, the public's interest in them and the competitions' relation to their state. The topics related to environment are written about in terms of temperature, wind, precipitation, humidity, rainfall, sea and air currents.The topic of health topics relates to causes of d iseases and the environment that their causes will affect. The next category is made up of Science topics. These topics are concerned with the relationship between environment and man. The topics related to technology include the history, features, facts and current reality of various items or technologies.Competition is composed of topics on topics such as, the debate about personal and organizational identity, the debate about the value, the debate about ethics, the debate about reality and the debate about goodness. The issues related to ethics and goodness are especially interesting. They are both used to show one's moral characteristics and will also address morality and good. A very interesting aspect of them is that they will deal with topics that would make the student think about his or her character.The current reality part deals with the debate about current and future problems and will therefore give you insight into the topic. The third part has the topics on current fa cts. It would have you write about current events that will relate to the topic. The last part includes the topics that are to be discussed at the start of the essay.The topics related to healthcare include ones dealing with the importance of good health and illnesses as well as most recent events on this topic. The topics related to Science include topics about the future, science and technology, astronomy, weather and climate change. Finally, the topics related to the environment include those that are made to deal with air and sea currents, pollution, climate change, global warming, gases, water, sunlight, climate, nature and environment.The atmosphere is related to any thing or concept which deals with an action or a state that a person may take. For example, it is a characteristic of a certain atmosphere to generate temperature, but it is not the atmosphere. It is when an atmosphere is created which is a product of some particular environmental condition.

Buying Reseach Paper

Buying Reseach Paper Correct all errors that you are able to spot and enhance the general caliber of the paper to the best of your ability. The outline is the main step in making the structure of what is going to be said in the paper along with how are you going to tell that. If everything was written, the paper still should be edited and polished. The paper needs to be consistent from the start to the very end. The Secret to Reseach Paper Research paper writing might seem to be a difficult job for students. It is not a task for one day. An individual should realize that every Research Paper is a sophisticated writing because it must contain distinctive research and distinctive idea. Writing a research paper is as crucial as performing the true research or experiment itself and can seem to be an extremely daunting endeavor. Ask any professor or academic and they'll tell you the research paper outline is the main portion of the entire process. Typically, students find it an extremely tough undertaking to write research papers. Why don't you drop in today and let our crew of experts assist you with your research papers. Research papers can be quite scary in the beginning, but there's a secret weapon that may help you overcome a few of that fearThe Outline. Some of the greatest research paper introduction samples consist of primary resources supporting the argument or research of the issue. All the ideal research paper examples begin with an excellent research paper outline. Nevertheless, the secret to a thriving research paper is organization. An analytical research paper is a type of college research paper. Irrespective of the section, there are particular qualities that every component of the research paper outline should have. Try to remember that the chief intention of the research paper is to demonstrate your abilities to work on your own and demonstrate the reach of your knowledge on several different topics. At times it can help determine the direction you structure your papers. If you take a look at research paper outline examples, you will observe there are several methods to present the most important body. You should also learn the drawbacks and advantages of research in a proposal. In order to start outlining the research paper, determine why you're researching the subject. Create guidelines of what you would like to do in your research. Explain how you intend to begin conducting your research. The Reseach Paper Game You have to think about how they logically connect to one another, and the way in which they develop from your thesis. It is preferable to use total sentence outline structure, if your paper needs to be formatted in MLA. The paper should get off to a good beginning regarding clarifying unfamiliar information as not to depart from your readers puzzled. Roughly, the whole paper is broken down into the debut, the human body and the conclusion. Explain briefly the big points you intend to cover in your paper and why readers ought to be interested in your topic. Receive all the references and bibliographies organized in a different book so you don't lose any ideas. Step No 2 Find Sources You may look for writing sources by employing the card catalog or computer database in library to locate a book applicable to the subject of your study. Journals, newspaper along with magazines can definitely assist you in terms of becoming essential and required facts about this issue.