A Hero Ain’t Nothin’ But a Sandwich :: Hero Ain’t Nothin’ But a Sandwich Essays

Webster has defined nostalgia as a â€Å"wistful or excessively sentimental, sometimes abnormal yearning for a return to or of some past period or irrecoverable condition.†Ã‚   Nostalgia is a psychological time machine that transplants adults to the good old days of another era. Once there, they will find that it is a state of mind, oblivious to actual or imagined barriers. For some it is a pleasant stroll through yesterday, a simple, less turbulent past. Benjie Johnson is thirteen, Black, and well on his way to being hooked on heroine for good. Benjie’s wry humor and courage, his hard surface and vulnerability beneath make it impossible not to care about him. This book confronts a difficult subject and offers no easy solutions. The inner city students I presently teach can relate to much of what Benjie talks about. The Black English used is a variation but a continuation of school boy vernacular which we saw in the previously mentioned novels. â€Å"Now I am thirteen, but when I was a chile, it was hard to be a chile because my block is a tough block and my school is a tough school. I’m not trying to cop out on what I do or don’t do cause man is man and chile is chile, but I ain’t a chile no more. Don’t nobody want to be no chile cause, for some reason, it just hold you back in a lotta ways; unless you be a rich chile like in some movie picture or like on T.V.—where everybody is livin it up and their room is perfect-lookin and their swimmin pool and their block and their house and they also ridin round in one rollin Cads with a tape-deck playin cool music and with air condition goin.†21 The block where Benjie lives is no peaceful place. People are getting mugged and robbed regularly. After age three when the relatives hold your hand you are on your own in the poorly lighted hallways of the tenement. â€Å"Walkin through dark, stinky hallways can be hard on anybody, man or chile, but a chile can get snatch in the dark and get his behind parts messed up by some weirdo I’m talkie bout them sexuals. Soon’s you get up to leven, twelve and so—they might cool it cause they scared you know where to land a good up punch, dig?

Grades do not Reflect Intelligence Essay

As young adults we have been tested many times over the years, whether it be by a parent, friend or life itself however, the most common of tests we receive are from school. Growing up we were taught to believe that A meant smart and F meant dumb. Time and time again this caused distress in students who were very smart but declared dumb by the education system. Contrary, students who were receiving higher marks are not necessarily the most intelligent. Eventually, people came to the realization that the marks received on tests in fact were not an accurate representation of ones intelligence but merely a showcase of their ability to memorize information. Firstly, the education system does not properly reflect ones intelligence due to common inflation of marks. Secondly, while we are all different, the education system provides us with the same learning and thirdly, grades are the result of effort not intelligence. As the years pass the entry level for most elite university programs rise and are currently well over 90 percent, as a high school student this can be very discouraging. Students are under an immense amount of pressure to do well and this rubs off on the teachers. More often then not teachers are faced with the pressure from students and parents asking or even demanding higher grades, many times they often ascribe any lack of high marks as the teachers fault. Coincidently, as of 2007 more than 60 percent of Ontario high school graduates had an A average, and 10 percent had an A+ average. According to Western University professor James Cà ´tà © that’s up from 40 percent in 1980. (Authority) In todays society many are obsessed with the best, resulting in many parents wanting to send their children to the best schools. This ultimately leads to schools feeling pressure to maintain their supreme standing. Many schools use the success of their past students to enhance their title. For both these reasons listed, inflation occurs. Schools and teachers are raising the marks of their students to their benefit. Of course they are just trying to help however, more often than not they are doing the complete opposite. According to a 2010 report from Brock University, students who entered university with a 90 percent or higher average in high school experienced a dramatic drop of 11.9 percent. Whereas students with high school marks in the 60-79 percent range only dropped 4.4 percent. (Statistic) Grade  inflation does not truthfully assess students learning, resulting in greater problems for their future. With the common act of inflation it is hard to decipher the difference in learning abilities between students. As human beings we are all diverse, not one an identical copy, now if this is the case why does the education system treat us like we are? (Rhetorical question) The education system has made some improvements over the years by dividing students based on their learning but there is much more work to be done. In high school there is a lack of diversity in available courses. There are a multitude of academic courses and very little courses related to apprenticeships and trades. High schools push and push for students to take these academic courses and follow suite to university, when the reality is not everyone is meant to go to university, and that is not a bad thing. However, the truth of this is being concealed by all the grade inflations and false hope given to students. After high school many students will come to the unfortunate realization that just because they did well in high school does not mean they will do the same in university and the high school education system will be to blame for that. If high schools represented college in a more positive way, many students would feel more comfortable and confident in taking the appropriate courses to accommodate to their learning needs. In reality, many students aren’t even aware that they have so many more options outside of these academic courses because the high schools are not making them available. This results in students who learn differently to be put in the same classes and tested the same ways, resulting in one being smarter than the other, when this is in fact not true. Albert Einstein once said, â€Å"Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid.† (Authority) Therefore, high schools should not test all students equally, but take the time to adhere to their learning abilities and follow suite with appropriate courses and testing. In addition to every student being completely different, it doesn’t help that there are so many of us. There are 105 secondary schools in the Toronto District School Board alone, meaning there are approximately 87, 273 students, and 5, 800 teachers. (Statistic) Now in this whole system of people, one can’t help but wonder, is my A+ the same as you’re A+? (Rhetorical question) If Sally is an intelligent student who doesn’t try hard at all and is managing to pass with  B’s and Julie is at a lower intelligence level but working her butt off to turn her C’s into B’s does this mean t hese grades are equivalent? (Example) Do these grades communicate anything about Sally and Julie’s intelligence, or are they merely a showcase of their efforts? (Rhetorical question) Grades are important yes, but they cannot determine ones intelligence. Grades show teachers how well you are able to retain information; they are an example of who sat down, put the effort in and studied and who didn’t. Yes, it may be easier for an â€Å"intelligent† person to get good grades, but someone of mediocre intelligence can also get good grades with hard work. High schools make test marks out to be everything, when in reality, as stated before; they are not an accurate representation of ones intelligence. Just because John got perfect on a math test and Billy didn’t, does not mean John is smarter, it means they excel in different areas and should be treated accordingly. Time after time many students will find themselves discouraged by their low marks, but that does not have to be the case. With the right amount of effort, and the right guidance everyone has the opportunity to be a genius. It is now time for the education system to put their best foot forward and conjure the effort to make this happen. In conclusion, it is evident that high school grades are no longer an accurate representation of students’ intelligence. Grades are inflated, students who are at completely different ends of the spectrum are getting the same tests and effort now differentiates most students’ grades, how can one possibly believe that this system accurately demonstrates the knowledge of our youth? (Rhetorical question) High schools need to develop a system that can evenly show case everyone’s intelligence. Until that is done, high achieving students will keep being told their brilliant and low achieving students will keep being pushed from, grade to grade. Overall, the question still remains, if academics cannot determine our intellect, what is the true test of intelligence?

`` Culture `` By Stephen Greenblatt - 1504 Words

Stephen Greenblatt’s essay titled â€Å"Culture† presents many arguments about culture and the set of limits that go along with culture. Greenblatt says, â€Å"The ensemble of beliefs and practices that form a given culture function as a pervasive technology of control, a set of limits within which social behavior must be contained† (Greenblatt 1). Greenblatt also provides examples of consequences for those individuals that do not stay inside the boundaries. Greenblatt examines how culture is within art and literature and that they are the great institutions for the enforcement of culture. The art and literature pieces in which culture is present are either texts of constraint or mobility. When Greenblatt says that culture is a â€Å"set of limits†¦show more content†¦Those norms are on the topics of children, divorce, and being a perfect wife. The Awakening as a whole is a text that batters against the boundaries of the culture in this particular t ime period and book and is a mechanism of constraint. There are multiple cultural boundaries present in the Awakening. One of them being on the subject of children. In this novel it is assumed that most women want or like children. The protagonist, Edna Pontellier, does not particularly feel that way. She has two children with her husband Leonce. Edna says that her marriage was a mistake and it can be assumed that she also extends that to her children. Edna likes her children but in â€Å" an uneven, impulsive way. She would sometimes gather them passionately to her heart; she would sometimes forget them (Chopin, 18) .† Most parents love their children an extreme amount but loathe their constants complaints. However, the strong love and connection never disappears. With Edna that love and connection is not there. To Edna, â€Å" their absence was a sort of relief, though she did not admit this even to herself† (Chopin 18). Edna likes when her children are not wit h her because she does not like the responsibility that â€Å"she had blindly assumed and for which Fate had not fitted her (Chopin 18).† Edna was not able to prepare herself for children, Fate did not observeShow MoreRelatedThe Swerve Vs. World Civilizations And Ideas1566 Words   |  7 PagesSessy Hernandez HIST 1113 Gomez April 25, 2016 The Swerve vs. World Civilizations and ideas Stephen Greenblatt introduces several different themes through out his writing in The Swerve. Making it helpful in understanding the ancient worlds civilizations. While Greenblatt narrates the events of Poggio Bracciolini the themes of social hierarchies, nature/culture, and gender are brought up to various times through out the story. These themes reveal parallels and similarities with the ancient worldRead MoreNew Historicism Is A Really Good Way For Analyze Texts And Show Correlation Between Ideas And Timelines1408 Words   |  6 Pagesaesthetic cultures of the historic periods in which they would begin to arise. A New historicist looks at literature in a more wider and more historical context and they examine how the write affected the work and the work will reflect on the writers time. It recognizes the current cultural contexts that critics have conclusions about. New Historicism was developed around the time of the 1980s by a man that was named Stephen Greenblatt. According t o the man that is named Stephen Greenblatt, the roleRead More Use of Culture in Writing Essay586 Words   |  3 PagesThe Culture â€Å",Culture†, is a concept which is related to the art, beliefs and traditions of a society. Even if it is thought as a concept used in social norms, it is the real value of a society by carrying the significant characteristic features of being â€Å",identity†,. It means that the culture forms the society’,s real identity. There are so many writers whose works are based upon the concept of the culture. Stephen Greenblatt is the one who has an essay about the culture and its affects onRead MoreKate Chopin s The Awakening Essay1617 Words   |  7 Pageslimited amount of options in the many difficult choices we face today in life and bounded to a certain status. Stephen Greenblatt proclaims that the â€Å"beliefs and practices that form a given culture function as a pervasive technology of control, a set of limits†¦ to which individuals must conform† as well as that â€Å"literature†¦ has been one of the great institutions for the enforcement of culture through praise and blame.† The Awakening is the first of its time to introduce the idea that women should notRead MoreWilliam Shakespeare s The Tempest Essay1019 Words   |  5 Pagesas an â€Å"evil† individual. Whether that be because they have done the protagonist wrong or simply just do not comprehend the ways of a no rmal human, they are automatically viewed by the audience as the universal evil. One critic in particular, Stephen Greenblatt, believes that antagonists such as Caliban from The Tempest represent more than a source of evil. Some theorists argue that Caliban should been seen as a â€Å"colonial other.† I agree, and in this paper I demonstrate and give prime examples as toRead More William Shakespeares Othello1440 Words   |  6 Pagesdefending her position and employed her own system of dualism to strengthen her claim to the throne. She emphasized the division of the â€Å"body politic,† the immortal and perfect ruler, and the â€Å"body natural,† the mortal and fallible human person (Greenblatt 19). The immortal/mortal division of Queen Elizabeth was enhanced by a masculine/feminine division of her character. She often referred to herself in the masculine sense to affirm her capability as a ruler. On the eve of the Spanish Armada in 1588Read MoreAnalysis Of Ama nda Palmer s My Mind 923 Words   |  4 Pagesvalues valorized by their individual cultures, often without meaning to simply because they are the conventions of the contemporary era. This has been a historical fact not only through lyrical and poetic writing, but also films and drama. They are so deeply ingrained to and reproduced by cultures that members within them hardly notice them influencing them. These values are therefore often seen as a manifestation of the constraints people feel within their own culture. The values that are consideredRead MoreOthello Research Paper1226 Words   |  5 Pagesacceptance in Venice† (Berry, 1990). Critics also even see how Othello’s identity is altered by the constant racial tension against him in the play. â€Å"Stephen Greenblatt argues, Othello’s identity depends upon a constant performance of his story, a loss of his own origins, an embrace and perpetual reiteration of the norms of another culture† (Greenblatt , 1990). All of this racism in the play causes Othello some serious anxiety. Anxiety is a condition that can drive an individual to do things thatRead MoreA Far Cry from Africa: Divided Loyalties1682 Words   |  7 Pagesartistic criteria, but as products of the economic and ideological determinants specific to that era. Literature reflects an authors own class or analysis of class relations, however piercing or shallow that analysis may be (Abrams 149). The cultures being examined in this piece are African and European and the author presents an analysis of each class in both piercing and shallow ways. The poem is the product of the British ideologies in the 1950s regarding the Mau Mau: The contemporaryRead MoreMutability By Percy Shelley Analysis915 Words   |  4 PagesShelley’s desire to educate, or speak directly to his readers rather than an indulgent insight into the narrative voice† (Greenblatt, 551). In the first stanza, Shelley is comparing humans to clouds that veil the midnight moon (Line 1). The use of the word veil in this line creates a sense that the moonlight is hidden on purpose. Richard Hamblyn writes in his book Clouds: Nature and Culture, â€Å"in the opening lines of Percy Shelley’s poem â€Å"Mutability† clouds were a ready symbol of the inevitability of change

The Role Of Forgiveness During Cbt Group Therapy Treatment...

Treatment Plans The role of forgiveness during CBT group therapy treatment with a child. The psychotherapeutic use of forgiveness can play an important role in decreasing or resolving the hostile feelings, thoughts and behaviors seen in children with abusive and aggressive natures. The acquisition of this virtue is most important and helpful for children to develop in order to control and resolve their anger. The following case study on the treatment of a defiant child which is taken from the book, Helping Clients Forgive: An Empirical Guide for Resolving Anger and Restoring Hope, demonstrates the effective use of forgiveness as a plan for CBT group therapy. Sean, a seven-year-old, became increasingly angry and rebellious with his mother after his father left the family. He regularly lost his temper, refused to listen to his mother, and provoked his sisters. He also became much more defiant and narcissistic and demanded that his mother buy him new toys several times weekly. In the sessions with his mother and sisters, Sean admitted, I’m really mad at Dad. He doesn’t care about us. All he ever did was watch TV anyway. Sean’s mother told him that his anger was hurting her and his sisters and that it reminded her of his father’s selfish temper tantrums. Sean became tearful and remorseful during the session and stated that he did not want to hurt anyone. He agreed to try to let go of his anger with his father on a daily basis and thus attempt to avoid repeating his dad’sShow MoreRelatedForgiveness Is The Final Form Of Love1732 Words   |  7 PagesForgiveness Forged Freedom â€Å"Forgiveness is the final form of love† (Niebuhr, 2017). Almost all worldly events are driven by one guiding force, human behavior. One might ask, â€Å"what then is the catalyst for human behavior?† Behavior is determined by thought, thoughts ruled by emotion. Following that same order, the lifeblood of the cosmos would then be human emotion. Generally, feelings are either pleasant or not; they are either good or bad. Some of the most pleasant types of sentiment include happinessRead MoreEtiology of Cognitive Behavioral Therapy (Cbt)7923 Words   |  32 PagesCognitive behavioral treatment (CBT) of depression is a psychotherapeutic treatment approach that involves the application of specific, empirically supported strategies focused on changing negative thinking patterns and altering behavior. In order to alleviate the symptoms of depression, treatment is directed at the following three domains: cognition, behavioral and physiological. In the cognitive domain, patients learn to apply cognitive restructuring techniques so that negatively distorted thoughts

Obesity The Prevalence Of Diabetes - 1877 Words

The prevalence of diabetes in America continues to grow. Information gathered from The Centers for Disease Control and Prevention (CDC) acknowledge that in the United States, one out of every eleven people has been diagnosed with diabetes and that one out of every four people are diabetic but not aware of it. Research has also shown that the medical costs and lost wages for those who have been diagnosed with diabetes is greater than two hundred billion dollars and that the mortality rate for diabetics is fifty percent higher than non-diabetics (Centers for Disease Control and Prevention, 2014). These alarming statistics show the increased need for essential education concerning the pathophysiology of diabetes as well as the treatment, benefits of diet, exercise, and what to do when something goes awry. This need was the determining factor for using diabetes education for the Health Information Technology (HIT) project. Project Development Description After being divided into groups for the HIT project, our first objective was to decide on a topic, we chose diabetes education with the target population being those newly diagnosed. We divided our topic down even further by choosing different areas of interest, so that each member would then be responsible for a page on the website. Members would be responsible for research and development of their topic for the website, which are detailed below. We next decided to use Google’s web builder, thinking that it would be easy toShow MoreRelatedGestational Diabetes : The Prevalence Of Gestational Obesity932 Words   |  4 PagesGestational Diabetes in Pregnancy According to the American Diabetes Association, the  prevalence  of gestational diabetes is as high as 9.2% in pregnant women due to obesity or being overweight. Not only can it be harmful to the mother, but it can also be harmful to her baby. Gestational diabetes can increase the chances of pregnant women delivering a baby that weighs more than 9 pounds. Having gestational diabetes can also increase the mother’s chance for needing a cesarean section delivery. SomeRead MoreEssay about The Rise Children with Diabetes in the United States641 Words   |  3 Pagesmany other countries around the world more children are being diagnosed with type 2 diabetes. In the past, children who were diagnosed with diabetes were diagnosed with type 1. Type 1 diabetes affects many children in which they are unable to produce insulin. However, as times have changed children are now being diagnosed with type 2 diabetes which is a chronic illness that usually affects adults. Type 2 diabetes de velops when the person is not able to produce enough insulin, and if insulin is beingRead MoreSurgeon General Project: Childhoudd Obesity1734 Words   |  7 PagesSURGEON GENERAL PROJECT Childhood Obesity Over the last few decades the prevalence of obesity in children and adolescents has been steadily increasing in the United States drawing immediate concern for the coming generations and the overall health and well-being for society. While addressing this concern, a matter of significance has to be reviewed to undoubtedly warrant the attention of the nation and propose factors of government, community, organizational, and individual involvement. AccordingRead MoreHealth Disparities: American-Indians and Diabetes1679 Words   |  7 PagesHealth Disparities: American Indians and Diabetes Introduction Type 2 diabetes mellitus (T2D) is the most common form of diabetes (American Diabetes Association, 2012). T2D is so prevalent that it is estimated to be the fifth most common cause of death worldwide (Yates, Jarvis, Troughton, and JaneDavies, 2009, p. 1). T2D manifests when the body is unable to metabolize glucose properly, resulting in elevated blood sugar, debilitating fatigue, and other serious complications such as distal limb amputationsRead MoreDiabetes : The Common Chronic Disorders1737 Words   |  7 PagesINTRODUCTION: Diabetes is one of the most common chronic disorders in UK [1]. According to Silverman, more than 2.6 million people in UK are diabetic as according to data collected from GP practices and more than 5 million obese people are registered to GP practices. So One in ten people are getting treatment for obesity and one in 20 are getting treatment for diabetes [2]. It is estimated that more than 5% men and more than 4% women in England are found to have diagnosed diabetes. While, 3% menRead MoreDiabetes in the Latino Community1648 Words   |  7 PagesIntroduction Diabetes is a prevalent health disparity among the Latino population. Diabetes is listed as the fifth leading cause of death among the Latino population in the website for Center for Disease Control and Prevention, CDC, in 2009. According to McBean, â€Å"the 2001 prevalence among Hispanics was significantly higher than among blacks.† (2317) In other words among the Hispanic or Latino community, there is a higher occurrence of diabetes as compared to other racial/ethnic groups such as BlacksRead MoreChildren And Type 2 Diabetes1533 Words   |  7 PagesChildren and Type 2 Diabetes Type 2 diabetes mellitus (T2DM) has been reported with increased frequency over the last twenty years in adolescents and children in the United States. As a result of T2DM glucose metabolism within the body of affected adolescents and children is severely compromised. Formerly known as adult onset and/or insulin resistant diabetes T2DM occurs due to the cell inability to properly use insulin which then results in lowered secretion of insulin as well as insulin resistanceRead MoreDietary Factors That Affect Obesity Essay1222 Words   |  5 PagesDietary Factors There are many dietary factors that may contribute to obesity in children. The major factors are increased consumption of calorie-dense foods, saturated fats, and sugar in combination with sedentary behavior 8. Consumption of refined grains and sugar-sweetened beverages have lead to increases in unhealthy eating habits resulting in the rise of obesity 4. These sugar-sweetened drinks are also associated with increasing BMI 11. The focus of this synthesis is the importance of physicalRead MoreEssay On St. Louis1597 Words   |  7 Pagesaverage of $6,815 (Health Care, 2013). Some of the behavioral health risk factors such as smoking is 15 percent, obesity is 27 percent and sedentary lifestyle is 22 percent, which are comparatively low prevalence compared to the United States average. According to the Community Health Improvement plan of June 2014 the major health disparities were cardiovascular disease, cancer, and diabetes (Health department, 2014). Heart disease and cancer accoun ted for 40 percent of the deaths in the city (HealthRead MoreObesity as a Disorder1110 Words   |  5 PagesObesity to some may not be technically a disorder or disease. Although those skeptics may have some excellent points the American Medical Association has officially reviewed and determined obesity to be a disorder. Obesity is simply just excess or extreme amount of body fat. Obesity is one of the most controversial health topics considering the amount of disagreements about it being an official disorder. One of the major disorder criteria’s that obesity meets is that it impairs the human body functions

Major Event That Contributed to the Intolerable Acts Free Essays

From Protests to Separation All of the events contributed in causing the Intolerable Acts in some ways but I think that the Boston Tea Party played the most influential role of all. To help the East India Company from losing money, Britain passed the Tea Act which allowed the company to have a virtual monopoly of the trade for tea in America. This angered the merchants and the smugglers and they called for a new boycott on tea. We will write a custom essay sample on Major Event That Contributed to the Intolerable Acts or any similar topic only for you Order Now Also on December 16, 30 -130 men dressed as Mohawks climbed aboard and threw 320 chests of tea overboard which took them approx. hours. This was the last straw. When the colonists threw the tea overboard, they also threw away Britain’s sympathy towards them. This angered Britain because in the past the colonist have done many protests and boycotts to tick them off and throwing 320 chests of tea overboard caused Britain a great loss. So to get revenge on the people of Mass. , G. B passed the Intolerable Acts or the Coercive Acts essay writer price. This means that the Boston Tea Party played a huge role in causing the Intolerable Acts. These Acts closed the Boston Harbor until the Bostonians pay off the company for the tea, allowed British officials to go back to Britain for trial by jury if they were accused of crime and also allowed the governor to house soldiers in suitable quarters. And finally to put fuel in the fire, Britain gave the land south of the Ohio River Valley to Quebec. To sum it up, G. B. passed the Tea Act which angered the colonists so they threw tea which angered G. B so they passed the Intolerable Acts. I think this event is the most influential because right after this, Britain passed the intolerable acts. How to cite Major Event That Contributed to the Intolerable Acts, Papers

Business Laws Working Regulations

Question: Discuss about the Business Laws for Working Regulations. Answer: Establishment of agency relationship: By agreement: When two parties mutually agree to create an agency, it is termed as the agency created by agreement. Since the agency relation is a contractually based relation, hence the relationship must be legal (Forde and Slater 2016). The expression of authority raised in an agency is some of the expressed instructions given by the principal to the agent. Turpin v Bilton (1843) is the matter where the agent was supposed to carry out the instructions of the principal to take out an insurance policy of the principals ship but ultimately forgot and the ship sank. It is necessary for the agent to do everything that has an effective execution portraying his duties. By ratification: The agency is said to be created by ratification when the agent purported to act on behalf of the principal and gets the authorization for the act. The ratification of the principle validates the agency relationship and thus relieves the agent from any personal liability. The formation of an agency through ratification means that the relation of the agency is authorized with legal obligations (Forde and Slater 2016). When the agency through ratification arises, the agent must have professed to work or act under the instructions of the principal. The agent is supposed to have a competent principal to provide such instructions to the agents to carry out any act, liable under the contract and must protect the entirety of the agreement. The transaction of the activity imposed or ratified over the agent must not be illegal or void but should be capable of authorization. Boston Deep Sea Fishing Ice Co Ltd v Ansell is a matter explaining the act of agent which must have le gal ratification with an absence of illegal content. By estoppel: When the party interested in the agency represents any third party as their agent and deals with the same then the agency is known to be formed with the doctrine of estoppel. Such kinds of agency arise when the parties do not hold any relation with the agency directly but one party represents the other as an agent, and the third party agency depends on upon the representation made by either of the parties in an agency. The estoppel agency gives the agent more authority than the acting principal in the agency. By necessity: The agency is created out of necessity when the circumstances demand the party to create such with the participation of another interested party, and one party acted as the agent of the other party (Forde and Slater 2016). The necessity agency arises from two circumstances namely commercial and domestic. Since the necessity agency has one party acting as the agent, hence it necessary for the party to act in good faith, Armstrong v Jackson (1917). When the agency arises there is a necessity of the presence of positive aspect to the party as in the necessity agency, it is not possible for the party to seek advice from any acting principle. The need of the agency only arises for those situations when one party is a dependent on the other party, and thus both the parties act under common benefit, Boston Deep Sea Fishing Ice Co Ltd v Ansell. Establishing negligence by the claimant: The duty of care owned by a defendant upon the complainant: to explain the duty of care owned by the respondent upon the claimant, it is important to take an illustration here, which is a court case law. Donoghue v Stevenson [1932], the claimant Donoghue went to a cafe with her friend who brought a bottle of ginger beer. While the claimant proceeded with the drink, she noticed the decomposed snail float in her glass which made her suffer shock, and she started vomiting after that. The matter is a highlight due to establishment of two reasons: Manufacturer owned a duty of care for the customers. The matter introduced the clause of a general principle of negligence liability. Another matter Home Office v Dorset Yacht Co (1970) explained that the application of the neighbour principle must be applied to the situation where the claimant suffered some harms. After the decision of the matter, the court came to the conclusion that the negligence must have these three components which are: Foreseeability Proximity Reasonableness The presence of breach of duty by the defendant: in Nettleship v Weston (1971), the claimant agreed to teach driving to the defendant. But, when the third lesson reason reached, the defendant hit a post and caused some injury to the plaintiff. In this matter, the court some of the facts to determine the presence of the breach of duty: Surety to reach harm: Bolton v Stone (1951), where the batsman hit the cricket ball over 100 yards also hit the claimant, which shows that the defendant should be more careful. The risk for serious injury: Paris v Stepney B Council (1951), here the claimant had only one eye and even there a piece of metal went inside from the bus, which shows that more the injury greater caution should be taken. The cost for avoiding harm: When the defendant avoids the cost of the harm, then it is better to take necessary precautions (Iacobucci and Trebilcock 2016). Latimer v AEC (1953) is a matter, where the factory was flooded, and the defendant put sawdust to cover the flood, but the defendant had a slip in one of the uncovered areas that reached his injury. The social value of the act of defendant when the defendant does some act for the social value and that is likely to reach him some harm then the risk taken is justified. Watt v Herts CC (1954), in this matter it is observed that the fire brigade carried a heavy jack to the place of the road accident where the lorry overthrew it, and that caused injury to the firefighter. It is observed that the lorry as not capable enough to carry the jack, but the breach of duty shall be observed here because the risk was taken for the social value by the lorry to reach the accident zone as soon as possible. Claimant received harm due to the breach of duty: The claimant must justify the causation even if there is a breach of duty towards the claimant (Nakar et al. 2015). The claimant must highlight the situation that caused the breach of duty and caused the injury and harm. Barnett v Chelsea Hospital (1969), in this matter the incident is about the three-night watchman who started vomiting after drinking tea after which they are taken to the Chelsea Hospital. But upon reaching there, they were told to go back and see their doctor. The negligence caused death to one of the watchmen after few hours. Common law duty for both employers and employees: Duties of the employee towards the employer: The common law explains that the employee must be reasonable to the act they do, and they must act by the situation where any faithful employee will act in the same manner. The employees are expected to stay loyal under the faith of the company and should not disrupt the business by taking part in any industrial action. It is the basic duty of the employee to disclose the wrongdoing of the other member to the concerned authority even that will result to incriminate the wrongdoers. The employee must never disclose the confidentiality of the employer to any outsider that may result in the misuse of the information. The employee must look after the property of the employer; this means that the office or outlet or any other place if they are using then that should be in proper position to be used afterward. The employees must not take any bribe gfrom outsiders in return for some favor which results in affecting adversely to the business. The employees must work for the employer and not compete with them. The employees must always stay prepared to accept the changes when brought into the office for efficient working in the business process. For example, when the employer introduces any technical update for the work, then the employee must cooperate to take the new adoption instead of opposing it. Duties of the employer towards the employee: The employers are liable to carry out their duties with ultimate good faith. The basic duty of the employer is to pay the employee the proper remuneration for the work they deliver to the company. The employer must not do such work that will spoil the reputation of the employee. The employer should assign only those works for which the employee is appointed in the organization. The employer must also take care of the health and safety measures of the employee. The employer and the employee must owe them the contract of duty of mutual trust and confidence. The employer must give reasonable chances to the employee so that complaints get heard. The employer must never harass the employee in front of other employees or any senior or junior ranked employee and that leads to lack of confidence and stress (Player 2013). The employees are liable to provide proper information about the rights and duties under the contract of employment (Freedland et al. 2016). No rights must be hidden, and that should not lead them to provide misguidance to the employees. The employer must take the employees as their assets who play an important part in the development and continuous growing of business. Case study 1: Adrian put an advertisement in Free-ads by the advertising law supervised and controlled by Advertising Standards Authority (ASA). The ASA recommends that every advertisement requires having legitimacy, decency, honesty and truthfulness. Hence, Adrian followed the norms of the advertisement rules and posted his interest to sell his laptop in Free-ads. Posting of the advertisement is an invitation or an intention to create a legal relation which is known as the contract. The contract may be social or domestic. The form of Adrians ad is social since it is a general invitation to anyone interested in buying his laptop, Balfour v Balfour (1919) (CA). Brian sees the ad and is interested in entering into a business agreement to buy the laptop since he considered the advertising stuff, Jones v Vernons Pools Ltd (1938). Brian wanted to buy the laptop at a price decided after negotiations which are accepted by Adrian, and he decided to sell the same to Adrian. He sends a notice to Brian, whic h was under the pile of paper unnoticed by Brian until Thursday, so he bought another laptop. Adrian claims that there was a breach of contract which is not applicable in this matter as the intention was not known to Brian regarding the buying of the laptop since Adrian did not mention anything in the first place. On the other end, Adrian can be told that he did not wish to enter into the contract with Brian, Rose Frank v Crompton Ltd (1925) (HL). There was no acceptance of the offer after the negotiations (McKendrick 2014). It is a matter of showing interest to the sell, but no consideration of the terms was observed in the first place (Furmston et al. 2012). There was not even any assurance from Adrian to Brian that he will sell the laptop to him only. Hence, in this matter, there was an invitation of an offer but no acceptance, Entores v Miles Far East Corporation (1955) (CA). Brian was silence about the acceptance like Adrian was silent about the acceptance of Brians negotiatio n in the first place. So silence is not acceptance and does not form a contract, Felthouse v Bindley (1862). Case study 2: Arnold can form a company by following the direction as discussed below: To form and register different company procedures are followed and the primary factor of the registration is that the business registered is identified as an artificial person existing separately from other acting members (Tant et al. 2012). The fact is observed in the famous matter Salomon v Salomon Co Ltd (1897). The formation of the company requires certain formality that includes: Formation: the formation requires certain documents that have to be sent to the Registrar of the Companies at the Companies House in Cardiff. The formation o the company required to pay the fees of 15. If the interested party pays 100, then the formation of the company will be complete within one day. After payment of fees, the Registrar of the company will issue the certificate of incorporation. A trading certificate is required in case of public company. Arnold will not need the document as he is interested in forming a private company, the documents are issued electronically. Memorandum: Till 2006, which means before the Companies Act 2006 came in; the memorandum was an imperative document for the starting of business. The memorandum of the association is combined with the articles of the association to create the constitution of the company. The memorandum still exists, and now it defines about the initial shareholders. Articles of Association: The articles are defined as the internal rules of the company. The company owns the right to form their internal rule. Otherwise, the company act offers the Table A to make the rules in such specified manner. The company even owns the right to change the rights necessarily. The articles are used to make the constitution and required to make the contract between the shareholders and company. The company name registration: The company must be registered with a unique that must not be similar to any existing names in the business. The name shall be recorded under the business names act 1985. Any existing company who finds that the new corporation uses the same name, and then they can sue against on the ground of tort law. Ewing v Buttercup Margarine Co Ltd (1917) is a matter that explains how similar name can mislead consumers which can lead to the spoiling of the good name. The company is liable to act within the clauses of the constitution and acting beyond that may conclude the Act as ultra vires, Ashbury Railway Carriage v Riche (1875). After the registration procedures get over, the company act explained about the necessity of the directors, auditors, company secretary, shareholders and resolutions (Mallin and Ow-Yong 2012). Since Arnold will make a private company, he will have the only director and need not have directors like the public company. He is liable to carry out the duties of good faith, Piercey v Mills (1920). It is even mandatory to keep a secretary so as to see that the rules and regulation are properly carried out. The accountants are required after the turnover reaches above 90,000 - 350,000 to send a report to the register of the companies (Hope et al. 2013). The company requires shareholders holding some of the shares of the company. The company often makes proposals in the form of resolutions to introduce something new in the provisions and that is done in three ways: Special resolution. Written resolutions. Ordinary resolutions. The various clauses mentioned here are some of the things that Arnold should consider while making the private company. References: Forde, C. and Slater, G., 2016. Labour market regulation and the competition state: an analysis of the implementation of the Agency Working Regulations in the UK.Work, Employment Society, p.0950017015622917. Freedland, M., Bogg, A., Cabrelli, D., Collins, H., Countouris, N., Davies, A.C.L., Deakin, S. and Prassl, J. eds., 2016.The Contract of Employment. Oxford University Press. Furmston, M.P., Cheshire, G.C. and Fifoot, C.H.S., 2012.Cheshire, Fifoot and Furmston's law of contract. Oxford University Press. Hope, O.K., Thomas, W.B. and Vyas, D., 2013. Financial reporting quality of US private and public firms.The Accounting Review,88(5), pp.1715-1742. Iacobucci, E.M. and Trebilcock, M.J., 2016. An economic analysis of waiver of tort in negligence actions.University of Toronto Law Journal,66(2), pp.173-196. Mallin, C. and Ow-Yong, K., 2012. Factors influencing corporate governance disclosures: Evidence from Alternative Investment Market (AIM) companies in the UK.The European Journal of Finance,18(6), pp.515-533. McKendrick, E., 2014.Contract law: text, cases, and materials. Oxford University Press (UK). Nakar, S., Weinberger, S. and Greenbaum, D., 2015. Legal and Social Implications of Predictive Brain Machine Interfaces: Duty of Care, Negligence, and Criminal Responsibility.AJOB Neuroscience,6(4), pp.40-42. Player, M., 2013.Federal Law of Employment Discrimination in a Nutshell, 7th. West Academic. Tant, M.R., Mauritz, K.A. and Wilkes, G.L. eds., 2012.Ionomers: synthesis, structure, properties and applications. Springer Science Business Media.