Saturday, September 7, 2019
The Savage World Essay Example for Free
The Savage World Essay Thorstein B. Veblen viewed society anthropologically and utilized psychology than relying on the laws of economics.à He believes that the human nature predominantly is like a beast or he lives in a savage world meaning that in order to survive one must get use into a predatory life cycle that life is the struggle of the fittest.à That savagery is a death to the weakest.à To support his claim that the society where man lives is a savage world, he concluded that the human nature itself is beast as he wrote in his book the Theory of the Leisure Class when he elaborated on ââ¬Å"conspicuous consumptionâ⬠(Heilbroner). à à à à à à à à à à à He made mentioned about the relations between the balance of expense, salary, and the return of investments with regards to hedonistic concept or the materialistic points of view of man equated in his own instinct to survive.à Man adaptation to use the means for an end in his own term which he has coined evolutionary which mean that the economic life history of a person is to habitually seek realization by doing something which includes invention and use of modern technologies like for instances that businessmen are replaced by engineers. à à à à à à à à à à à The goods of this earth are for manââ¬â¢s usage but not in any circumstance should the ends will justify the means.à Man can be a savage by nature but he is still a free individual who could think rationally: that the means are only to serve the end or purpose or material things are only needed by man to survive but it can never be his only reason for existence.à Money makes the world go round and indeed it helps but if the means are prioritized over man and dignity of labor put aside then human existence will become a beastlike existence. à à à à à à à à à à à However, Veblen observes the reality of a consumerist world but again concluded that putting the material over the good of the human person depletes manââ¬â¢s existence to survive and perhaps jeopardize his own dignity. He believes strongly that a person do not only work to accumulate money but also to invigorate his pride.à In him work has a greater dimension unseen by the barbaric man whose only pleasure is money.à In his writings he identifies the leisure class as the savage of work and the consumerist class. These are the capitalists who retard and distorted the industry, whereas the middle class work for perfection and for the support of their children whom he referred to as nobler.à He further mentioned that the leisure class is like parasites living by the innovativeness of other men.à The aloof skeptic called them robber barons for which dishonesty became a virtue and dug further to why by nature man is selfish. He acknowledges further that it is the contemporary savage who had accumulated too much wealth and is not really proud of his work but only in the public display of his wealth. à à à à à à à à à à à Veblenââ¬â¢s pessimistic but realistic view of the world he lives in made him one of the best worldly philosophers of the twentieth century.à Heââ¬â¢s works are still read today because it warns the future from permanent depression that if man continues to tolerate inequality of labor, inequitable partitions of wealth and the tolerance of not withholding the entrepreneurs in the accumulation of too much profit then we will be doomed to live a place in which Veblen calls the savage world.à Veblen a genius and nonconformist in character made him isolate himself from a drastic world of the greedy and preferred to die a simple death at his cabin. à à à à à à à à à à à Economic prosperity or world progress is still within the bounds of the hands that work together for a common good but not for those who seek ones own personal gratification. Works Cited Heilbroner, Robert Louis. The Worldly Philosophers.à (2007). 05 December 2007 http://www.cliffsnotes.com/WileyCDA/LitNote/The-Worldly-Philosophers.id-163,pageNum-3.
Friday, September 6, 2019
French Revolution and Napoleonic Era Worksheet Essay Example for Free
French Revolution and Napoleonic Era Worksheet Essay The French Revolution was a quest for liberty, and centered on people who wanted their freedom. They wanted to be treated as equal participants in the community, not as slaves for the royals or nobles. The peasants who represents more than 90% of Franceââ¬â¢s population, were working for their own families and everyone else as they paid much more in taxes. Brotherhood was the way of everyone coming together as one. Hubris is excessive pride in oneââ¬â¢s self, people during the French Revolution did not want to admit they were wrong for what they were doing and that they did not want less entitlement then they had. Fiscal irresponsibility was brought on by the higher debts, and taxes were raised so the government could get out of the finical hole they were in. The democracy was a new construction of power where the politics were giving everyone the chance to be heard and to be equal. Technology at the beginning of the French Revolution was lacking, but as it continued throughout the years it became a resource at war. Liberty was the main goal for the French people, to be free from the poor work conditions they were in. The work environments for the peasants were horrible and needed to be changed. They were working to feed their families and the landlords. The landlords were taking all of their harvest and leaving them with nothing. The French government was not paying taxes and the lower class was paying twice as much to cover the royal community. They worked like slaves to barely get by and children were abused and be used to do more for less pay. Today we have freedom of speech, which is something that has not always been around. They were not able to stand up for themselves and they were discouraged from even thinking they were all born equal. Brotherhood was not only sticking by each other in your community but brotherhood within the church system. Christian brotherhood was part of the fraternity, one was identified by the social and religious links based on their Christian brotherhood. The second sense of the fraternity was if one were to follow the path of liberty and equality as a free pact. Brotherhood was a way of life for people during the revolution it was how they were able to find a moment of peace in all the bad around them. To act toward someone with the spirit of brotherhood is to accept them as they are, and treat them as you would want to be treated. Even if the government was not doing this, the peasants and the lower class people knew that to survive they needed each other. One person alone would die, but with people to help them along their struggle they will survive. Hubris was a big conflict in the French Revolution, between humility and the intoxication of power napoleon was his hands full of dangerous hubris. This is a natural human trait that can be negative if an individual was unstable at balancing humility and power while using his leadership skills for the good of others. Hubris in history were mostly a negative, significant opportunities that fell short and completely collapsed. The consequence for hubris to occur, is when a leader gains the flaw of hubris, so the decisions and behaviors are altered perfectly when the power starts to rise within. There were many military failures that resulted from the fatal flaw of hubris, just like in the Christian religion, Eve falls prey to the temptation to take the forbidden fruit offered by the seducer. Napoleon did things without thinking of the consequences, and only wanted to make himselfà happy. Napoleon had a self-centered gratification at the expense of others, as long as he was at the top . One of the primary reasons the French Revolution began was because of the fiscal irresponsibility of the monarchy. The Clergy men paid no taxes and neither did the Nobles, as soon as they were given the name titles they were exempt from paying these for life. Since France was helping America, and still in debt from the previous war, France was in debt. The harvests were bad because of the poor weather conditions, and people began to starve. Since there was a shortage of money and food, people had to work for less and pay more. In order to make back some money, they confiscated all the church properties, to sell to the public to make extra money. Since the King was giving out money, the stock trade went up, there was relief and difficulties seemed to vanish into thin air. But, since it was money the more they printed, the lower the value of each of piece was. People blamed the rich fro saving their gold and silver, factories closed, and unemployment was on the rise. They prosecuted people who were hoarding and being greedy, they said that paper money was as good as gold. The government was the greedy one, the working class works hard for their money and they will keep it, where the rich will buy tangibles. Democracy was on the rise during the French Revolution, all centered around one thing, the rights of man. One side fought for the revolutionary new idea of democracy, and the other side was loyalist who were opposed to social reform and thought it would put the ancient British constitution into danger. The loyalist wanted their traditional values to be cherished like the church, social order, and the monarchy. The radicals believed in natural right, which everyone (not all women at the time) had the right to take part in politics, no matter what social class they belonged to. The loyalist thought that if everyone had rights and could vote on who they wanted that is would be dangerous. They did not want the poor being able to have an opinion, because there were many more poor than there were rich. The thought of being out voted and outnumbered at every election was scar some. Radicals were not afraid to say what they wanted, and they were ready to fight for those rights. Lastly, technology was being developed though out this entire revolution making things more and more complicated. While children and families sweated in mills working there was machines that were able to in and do the same job years later. The inventions of machines and hand tools, along with the use of steam and power. That all lead to the start of factories. Although all of these changes came on gradually, it happened fast for the people who had to use these new machines. The ability to weave cloth, and make yard would have taken much more time than it took with the new machines. Technology changed everything, for better or for worse. Better for the way things are made in mass, worse for the people who lose their jobs by being replaced by it. In conclusion, the French Revolution changed many things, we got a new government, technology, money, and rights as humans. Brotherhood is what kept people together when conditions got bad, even when the church properties were sold people kept their faith. Everyone played a role in this movement whether they knew it or not. The bottom will always find a way to fight and be heard where wealthy are only wealthy until they become too greedy. 2. Napoleonic Timeline For each date and location, identify the significant event that occurred and write a single-sentence description of the event. August 15, 1769 Napoleon Bonaparte was born on this day, in Ajaccio, Caosica Ajaccio, Corsica July 4, 1776 The Continental congress adopted the declaration of Independence. Philadelphia, Pennsylvania July 14, 1789 A Paris mob stormed into the Bastille Prison to show the Bourbon Monarchy,à this began the French Revolution. Paris September 21, 1792 The monarchy was abolished and France declared Republic France January 21,1793 King Louis XVI was executed on the guillotine for treason Paris August 22, 1795 the new French constitution was adopted, thus forming the Directory or Constitution of the Year III France November 15ââ¬â17, 1796 A three day battle, Napoleon grabbed the flag and lead the assault across the Arcola Bridge and won Arcole, Italy 1798 Napoleon invaded and captured these countries during the Mediterranean Campaign of 1798 Malta, Egypt, and Syria November 9, 1799 Napoleon seized power and made a new regime called the Consulate, and the he was a dictator France February 9, 1801 the Treaty of Luneville was singed between the French Republic and the Holy Roman Emperor France II Lunà ©ville, France 1801 [The Concordat of 1801, July 15, 1801 Napoleon, papal, and the clerical representatives in both Rome and Paris. The Concordat was ending the breach caused by the church and confiscations Rome and Paris March 25, 1802 the Treaty of Amiens was a peace treaty signed by the French First Republic Great Britain, Spain and Netherlands. Made to put an end to the Second Coalition War, but lasted a year Amiens, France August 2, 1802 Napoleon was named consul for life, and was able to choose this own successor. France December 2, 1804 Napoleon crowned himself the emperor of France in the Notre Dame Cathedral in Paris. Paris October 21,1805 27 Royal Navy ships defeated 33 of Napoleonââ¬â¢s ships, he had not planned on fighting and lost 22 of his ships. Atlantic Ocean, near Cà ¡diz, Spain, and the Straits of Gibraltar December 26, 1805 A peace treaty between France and Austria, after Napoleon won the Battle of Austerlitz. Bratislava (Pressburg) Juneââ¬âNovember 1812 The Patriotic War, between Russia and French Army, Napoleon had a huge lose to Russia. This lead to more countries fighting back against Napoleon. Russia October 16ââ¬â19, 1813 Battle of Leipzig, Russia, Prussia, Austria and Sweden all against the French Army. The largest battle before WWI. Napoleon wsa defeated, and was exiled to Elba that next spring. Leipzig, Germany April 11, 1814 Napoleon was banished from France and sent to the Mediterranean island of Elba. Paris March 20, 1815 Napoleon escaped the island and returned to Paris, regained followers and reclaimed this title as the emperor. France June 15, 1815 Napoleon was defeated at the Battle of Waterloo, this was the end of the French domination in Europe. Waterloo, Belgium May 5, 1821 Napoleon died from possible stomach cancer, even though some think he was poisoned. Saint Helena, South Atlantic
Thursday, September 5, 2019
Analysis of literary elements in Harlem
Analysis of literary elements in Harlem What is a deferred dream that is not pursued? Published in 1951 by Langston Hughes, Harlem poses several questions using similes, imagery and culturally aimed words of the 1951 time period as to what happens to a deferred dream of equality. Most critics would agree that the dream Langston Hughes presented in the first line of the poem symbolizes African American longing for equality in most all aspects of American Society. Critic Mark Scott, for example, wrote that Hughes devoted his poetic genius to the realization of that dream deferred, the dream of racial equality(Scott 1). This longing that is deferred means that that most aspects of inequality such as racism and restrained opportunities still exist for African Americans in Society. In particular the first four questions Hughes delineates in Harlem direct the reader through his use of images and similes, to accentuate the deprivation of African American equality and success in American Society. Using bold images the poet helps readers to imagine the ideas in the poem. Beginning with the first question Hughes chose the image of a dried raisin to portray the idea of withering and uselessness. Of course the fruit was once appealing at a certain time in its growth. Critic Harry Phillips asserts a valid point in the first question, However, when the fruit, like the dream of equality, remains unharvested, it metamorphoses into something shrunken and less appealing(Phillips 1). In other words Phillips is saying that just like the raisin being uncollected is the same as the dream of equality being deferred. In the same question Hughes uses a simile to compare it, being the deferred dream of equality, with the dry raisin in the sun. For instance in the second question, Hughes uses the image of a festering sore to convey that continuously enduring racism and inequality is painful to pursue the dream of equality. Similarly in the third question there is the smell of rotten meat which again is compared to a dream that is no longer viable. The fourth question brings in to view sweet candy which seemingly may have been good to eat, but like the previously mentioned rotten meat the candy has lost its significance. After reading the previous questions and understanding the concept of the comparisons, the idea of the heavy load in the next section of the poem is understandable. In Phillips view, for example, he signifies that, Images are piled into ââ¬Å"a heavy load,â⬠and the weight of keeping ones eyes on the prize of genuine emancipation after repeated defeats causes the dream to sag and puts the prize seemingly out of reach(Phillips 1). In acknowledgment to Phillips view he emphasizes on the heavy load as se emingly a obstruction of hard ships that make it difficult for the dream to be realized. Finally the last line of the poem, is italicized for the poet to exemplify the importance that even though the dream for equality may be subdued and oppressed the persistent longing for the dream of African American equality will one day be reality. However the explosive nature of the dream signifies that it is not a gradual process but rather an forceful or extreme event that will take place to essentialy bring an end to racial inequality in American Society. In conclusion the literary elements such as the repetitive similes and strong imagery that Hughes uses in Harlem help the reader to understand the significance in the ideas that are depicted in the text by putting images in the readers memory to present the underlying theme.
Wednesday, September 4, 2019
Robinson Crusoe: A Mans Discovery of Himself, Civilization, and God. E
Robinson Crusoe: A Man's Discovery of Himself, Civilization, and God.à Just about everyone can recite the highlights of Robinson's adventures: A man is shipwrecked without resources on a desert island, survives for years by his own wits, undergoes immeasurable anguish as a result of his isolation, discovers a footprint in the sand that belongs to Friday, and is finally rescued from his exile. Unfortunately, all of this is wrong.à But more significant than any of these details is that our overall perception of Robinson Crusoe is wrong. The single most important fact about this boy's adventure book is that it is not a boy's adventure book at all. It is, rather, a grown-up tale of a man's discovery of himself, civilization, and God.à As Defoe's book begins, Robinson Crusoe of York commits what he calls his "Original Sinâ⬠ââ¬âhe spurns his father's advice to join the family business and instead heads out to sea. Robinson is self-willed, arrogant, and hungry for exploits. Catastrophes ensueââ¬âstorms, shipwrecks, and slaveryââ¬âbut the lad continues in his follies. "I was," he confesses, "to be the willful Agent of all my own Miseries."à Then providence gives him a second chance, shipwrecking him on an Atlantic island, whose features roughly match those of the Juan Fernandez group in the Pacific Ocean where Robinson's real-life prototype, Alexander Selkirk, passed seven years in solitude. Robinson's island is a pristine land of surpassing beauty. To its forlorn first inhabitant, it seems nothing short of Eden: "the Country appear'd so fresh, so green, so flourishing, every thing being in a constant Verdure, or Flourish of Spring, that it looked like a planted Garden."à In this paradise Robinson builds a new homeââ¬âwithout Eve... ...ledge the enormity of our task; for when before has a secular culture rebuilt itself on sacred foundations? We need solutions as ingenious as any devised by our industrious hero. Like Robinson, we must never despair; like Robinson, we must find strength in prayer. It helps to bear in mind that it is we who have uprooted God from our homes, schools, books, arts; we have cast ourselves adrift. God, the master mariner, never abandons his children. We do well to remember, too, that Robinson found salvation in a plight more desperate than ours. Then, perhaps, we can relish the truth in Walter de la Mare's heartfelt remark about Defoe's finest creation: "Even to think of his admirable hermit is to be cheerful and to take heart of grace."à Bibliography Zaleski, Philip. ââ¬Å"The Strange Shipwreck of Robinson Crusoe.â⬠First Things 53 (May 1995): 38-44.à à à Ã
Tuesday, September 3, 2019
Revolutionary War Essay -- essays research papers
How the Revolutionary War Begun Following the French and Indian War, or otherwise known as The Seven Years War, Britain was in major debt as with many countries after war. On the other hand the Colonies were thriving from trade and agriculture. At the end of the war the parliament in England had no organized plan to reduce the enormous debt they had bestowed upon themselves. Financing the French and Indian War had almost doubled the national debt. The parliament had stumbled into the beginning of the Revolutionary War without even knowing it. They were looking in an entirely different direction when the colonies exploded with a rage that eventually turned into the American Revolution. The Seven Years War 's outcome also affected the impacted the Revolution by giving soldiers experience that would later help them lead armies and make decisions to win the Revolution. Among these men were the prestigious names of Paul Revere, Ethan Allen, Horatio Gates, Charles Lee, Daniel Morgan and the man who is known as our founding father George Washington. During the French and Indian War Washington was assigned a mission which was a success and he was considered a hero which later helped his success in the revolution and the presidency later on . The King's minister were trying to find a way to finance the King's military policy. During the French and Indian Wars England had paid for the defense of the Colonies as well as providing most of the troops and leadership in the war. But, rather than demobilize at the end of the war, King George III decided to keep the army at 3/4 strength. Eighty five regiments were kept on alert in case of renewed hostilities between the British and French. There was still the problem of paying for the regiments though. They could not tax the countryside any more because of current taxes that were already too great. The solution, however, was to station most of the army in Ireland and the Colonies requiring locals to house and feed the soldiers. They also made up the Sugar Act, Stamp Act and the Towshend Duties to cover the Ã
â359,000 needed yearly to sustain the regiments in the Colonies. The first of all the taxes or Acts was the American Revenue Act of 1784, or called the Sugar Act. It wasn't even a new tax even. It was a change of an old customs duty. In order to stop trade from the West Indies to the Colonies Parliament in 1733 had passed... ...on the outside, that it was for change it was mostly to keep things the way they were. Without having to pay new taxes or having to change to be ruled by England. A leading historian once said, "A salient feature of our Revolution was that its animating purpose was deeply conservative. The colonials revolted against British rule in order to keeps things the way they were, not to initiate a new era." We agree with this completely. Instead of accepting change as it came. Every bit of change from Britain was challenged in America by revolutionists and even Loyalists. All the new taxes no matter if they were good or bad were hated. Then again there is always the taxation without representation saying. That is true but they still did not want to be represented that was the last thing they wanted. They wanted local government and taxation like it was before the Seven Years War. The driving force behind the war was the continuing effort to keep thin! gs that same and not different. But after the war they were not prepared for the drastic changes that would come about. But we still got out independence from England and now have the most powerful, successful country in the world.
Monday, September 2, 2019
Symbolism in Piggys Specs :: essays research papers
The Symbolism of Piggy's glasses Symbolism pervades throughout the entire narrative of Lord of the Flies and is used to illustrate the fears and tensions that exist within the boys trapped on the island. One of the novel's strength is that it weaves these vivid symbols together to assist its themes and ideas rather than labour them. Piggy's glasses become an important symbol representing the social order of the boys as they try to determine how to lead themselves. Although not a leader Piggy is the voice of reason as he mends the early splits between the boys by way of compromising. Of all the boys on the island it is Piggy who can seen as the most symbolic. His organisation helps the boys make the early decisions and he can be seen as the natural law of order, the reason thinking of humanity. Although despite being described as short and fat in the terms you might describe an animal as Piggy is the most willing to strive for survival in a civialised way. It is Piggy who says the most important words describing how the boys should act "What are we? Humans? Or animals? Or savages. What are grownups going to think?" It is this desire for docorum that underlines Piggy's belief that they will all be saved from the island - the only person to believe this will happen. Therefore Piggy himself becomes symbolic of the boys' hope to be saved from the island. The hope literally comes from his glasses. Piggy's spectacles are taken from him and used to start smoke signals. Without glasses Piggy's sight, like the boys' vision of what is in their best interests, becomes blurred. Piggy, now weakened, is no longer able to aid Ralph in his struggle to lead the group. Without the voice of adulthood that is Piggy, Ralph loses his moral guidance and begins to make bad judgments. The greater Piggy's will to escape and claim salvation so Ralph is drawn into the confusion and misguided pleasures of The Beast". As each pig is killed so a small part of what Piggy represents is corroded away. When Piggy's glasses are broken all apparent hope of escaping with them is destroyed as well. By making the glasses useless the boys are rejecting what the spectacles stand for. Now no longer able to function at all the 'short and fat' Piggy becomes an animal like the rest of the boys, where only the fittest survive.
Sunday, September 1, 2019
Contract Law Assignment Essay
From looking at the facts laid out by Grab regarding the purchase of a sandwich shop, it seems that the most likely action is that of misrepresentation. A misrepresentation is defined at common law as ââ¬Å"a statement of fact made by one party to the other party, which is false. While not necessarily forming a term of the contract, is yet one of the main reasons which induces the one party to enter into the contractâ⬠and is supported by the Misrepresentation Act 1967. From the facts of the case according to Grab, it seems that he is unhappy about the purchase of the shop. There are two issues present here concerning misrepresentation. Firstly, he ââ¬Ëspecifically inquiresââ¬â¢ to Dino whether Porthampton Institute (who are the shops main customers), if it was going to re-locate out of town, which was said to be rumoured. Grab refers to the statement made by Dino explaining that he had asked a neighbour, who is a senior planning official with the City Council, and assured Grab that ââ¬Å"no move is plannedâ⬠. Once buying the shop the institute moved out of town, causing the income of the shop to be substantially reduced. The second issue concerning misrepresentation is that of the business turnover for the previous three years. Dino explained to Grab that the shop was receiving ââ¬Ëup to ,000 per yearââ¬â¢. But after purchasing the shop Grab asked his accountant to look over the figures and found that it had only reached ,000 in the last year and was below ,000 for the previous two years. However for Grab to have an action for misrepresentation, he must first prove that Dinoââ¬â¢s statements were those of fact and were false. It is necessary to discover whether the statements are a misrepresentation in the legal sense. A false statement of opinion is not a misrepresentation of fact -Bisset v Wilkinson. However, where the person giving the statement was in the position to know the true facts and it can be proved that he couldnââ¬â¢t reasonably have held such a view as a result, his opinion will be treated as a statement of fact. This would apply to the statement made by Dino about Porthampton institute not moving. Grab trusted Dinoââ¬â¢s reassurance about ââ¬Ëno move being plannedââ¬â¢, because he had asked a person who looked like they were in the position to know the answer i.e. Dinoââ¬â¢s neighbour, a senior planning official for the City Council. In this case to the general person, it would seem that Dinoââ¬â¢s statement about the sandwich business having a turnover of up to ,000 per year for the previous three years is a statement of opinion due to the language used. Dino states up to ,000, meaning it may come across as a statement of fact because Grab sees Dino as a person who has owned the business and run it for the last ten years, suggesting that he had some skill or knowledge of the subject matter of his statement. The case of Smith v Land and House Property Corp is an example of how the courts could view Grabs case. In this case a statement that the tenant of the house concerned was a ââ¬Å"very reliable personâ⬠which was considered to be a statement of fact rather than a statement of opinion as ââ¬Å"â⬠¦..the opinion was being made by somebody who had the knowledge to make such a statementâ⬠, so in my opinion the courts could view Dinoââ¬â¢s statement as a statement of fact in this context, as h e had the ââ¬Å"knowledgeâ⬠to make such a statement due to his position as the owner of the sandwich business. If the courts were going to look deeper into Grabââ¬â¢s case they could look at another issue concerning ââ¬Ësilenceââ¬â¢. Generally silence is not a misrepresentation. The effect of the maxim caveat emptor is that the other party has no duty to disclose problems voluntarily. Thus if one party is labouring under a misapprehension there is no duty on the other party to correct it: Smith v Hughes . However there is an exception to that rule which may help Grab. Half truths ââ¬â the representor must not misleadingly tell only part of the truth, thus a statement that does not present the whole truth may be regarded as a misrepresentation as in the case of Nottingham Brick & Tile Co. v Butler . We need to find out whether the statements made, induced Grab into signing the contract. The courts would look to four conditions laid down by a series of cases to decide whether the statement did induce the contract to be entered into by the representee. The first of these is defined by the cases of Smith v Chadwick and Museprime Properties Ltd v Adhill Properties Ltd where it was decided that the representation must be material to the subject matter of the contract. The second is that the representee must have relied on the misrepresentation. The misrepresentation has material value ââ¬â the business profit margin. It can be seen adequateley important enough to influence Grab as a reasonable person. Once Grab has proved that both the statements made by Dino are actionable misrepresentation it is necessary for me to advise him of the type of misrepresentation which has occurred, which depends on the mind of the representor at the time he made the statements. The first type of misrepresentation is fraudulent misrepresentation at common law. I would advise Grab that this bears a very high standard of proof and is very difficult to prove, as he would need to prove that Dino was deliberately dishonest in making the statement. Another type of misrepresentation is that of negligent misstatement at common law. Here the claimant must prove that there was a special relationship between the parties and he must also prove all the elements of the tort of negligence. However, once again this is difficult to prove as the burden of proof is on the ââ¬Ëwronged partyââ¬â¢, and I would advise Grab that it would be difficult to prove that Dino knew that he would act on his representation. I would advise Grab that it would be better to attempt to repudiate the contract under the doctrine of ââ¬Ënegligent misrepresentationââ¬â¢ under the Misrepresentation Act 1967, for the statement about the turnover of the business being not exactly true. This is because s2 (1) of the act changes the burden of proof, shifting it to Dino who must now prove that he had ââ¬Å"â⬠¦.reasonable grounds to believe â⬠¦.and did believe the statement(s) to be true..â⬠, if Dino cannot prove that he believed the statement to be trueà than he will be ââ¬Ënegligentââ¬â¢, meaning he will be liable for damages and or rescission of the contract (subject to certain bars of rescission). This burden can sometimes be difficult to discharge as shown in the case of Howard Marine & Dredging Co. v Ogden & Sons . I would advise Grab that the decision of the courts in the case of Howard Marine, if it was to be followed by the courts in his case, that it could be an important factor. In Howard Marine the courts said that for them to reasonably believe their statement was true they must take reasonable steps to verify this fact i.e. the manufacturer of the ship. If it is established that Dino did not have proper recordings of the business accounts, this could be a major factor in Grabââ¬â¢s case. Now that damages for negligent misrepresentation may be awarded the question arises whether the representees own negligence, which has contributed to his decision to enter the contract operates to reduce proportionality to the liability of the representor. The courts may take this into account with Grab that contributory negligence is present here, because Dino offered him the chance to look over the business turnover accounts before putting in an offer to purchase. As in the case of Gran Gelato Ltd v Richcliff (group) Ltd , Sir Donald Nicholls V-C decided not to make any reduction in the damages awarded, on the ground that the defendants intended that the plaintiffs should act in reliance on the misrepresentation, so they cannot complain when liability is imposed precisely because the plaintiffs did act in the way the defendants intended . Innocent Misrepresentation is another form of misrepresentation. It must be regarded as a false statement, which was made neither fraudulently nor negligently. In fact, as a result of the wording of s.2 (1) of the Misrepresentation Act 1967, the representee must not only have believed the statement, but must be able to prove that he had reasonable grounds for believing it. The victim of an innocent misrepresentation is entitled to rescission of the contract, and to an indemnity intended to help restore the parties to the position before the contract was made. There is no right to damages for innocent misrepresentation, but the court has a discretion to award damages in lieu of rescission provided the right to rescission has notà been lost ââ¬â as set out in s.2 (2) of the Misrepresentation Act 1967. It is clear with Grabââ¬â¢s case that Dino made a false statement innocently, which can be believed to be correct because he asked a senior planning official who was a neighbour of Dino. Even though the information was not completely right, it still looks reasonable enough to believe such a statement. Overall, my advice to Grab is if he prosecutes Dino with innocent misrepresentation for the move of the Institute and negligent misrepresentation regarding the turnover of the business, the courts would look into giving Grab the right to rescission, putting him in the position before the contract was first made and also they would calculate the loss of earnings for the ten months that he was in ownership of the sandwich shop and award him with compensation. It is not definite that the courts will uphold both negligent and innocent misrepresentation but the contract between Dino and Grab will definitely become voidable as opposed to becoming void. Meaning that he will receive either rescission or damages, but that would be for the courts to decide. Overall Grab has a strong case against Dino.
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