Analysis of Main Character in Animal Farm - 1018 Words

Analysis of Major Characters Napoleon From the very beginning of the novella, Napoleon emerges as an utterly corrupt opportunist. Though always present at the early meetings of the new state, Napoleon never makes a single contribution to the revolution—not to the formulation of its ideology, not to the bloody struggle that it necessitates, not to the new society’s initial attempts to establish itself. He never shows interest in the strength of Animal Farm itself, only in the strength of his power over it. Thus, the only project he undertakes with enthusiasm is the training of a litter of puppies. He doesn’t educate them for their own good or for the good of all, however, but rather for his own good: they become his own private army or†¦show more content†¦His critique of Animal Farm has little to do with the Marxist ideology underlying the Rebellion but rather with the perversion of that ideology by later leaders. Major, who represents both Marx and Lenin, serves as the source of the ideals that the animals continue to uphold even after their pig leaders have betrayed them. Though his portrayal of Old Major is largely positive, Orwell does include a few small ironies that allow the reader to question the venerable pig’s motives. For instance, in the midst of his long litany of complaints about how the animals have been treated by human beings, Old Major is forced to concede that his own life has been long, full, and free from the terrors he has vividly sketched for his rapt audience. He seems to have claimed a false brotherhood with the other animals in order to garner their support for hisShow MoreRelatedAnalysis of Main Character in Animal Farm1025 Words   |  5 PagesAnalysis of Major Characters Napoleon From the very beginning of the novella, Napoleon emerges as an utterly corrupt opportunist. Though always present at the early meetings of the new state, Napoleon never makes a single contribution to the revolution—not to the formulation of its ideology, not to the bloody struggle that it necessitates, not to the new society’s initial attempts to establish itself. He never shows interest in the strength of Animal Farm itself, only in the strength of hisRead MoreCharacter Analysis Of George Orwells Animal Farm923 Words   |  4 PagesAnimal Farm Character Analysis Essay â€Å"Old major†¦ was so highly regarded on the farm that everyone was quite ready to lose an hour’s sleep in order to hear what he had to say† (Orwell 1). The author, George Orwell, portrayed Old Major as the wisest of all the animals on the farm, and without being said, Major was a big part of Animal Farm. In fact, he influenced the lives of all the animals with just one speech. On the day of this speech, Major taught all the animals his wise ideas in a kind supportingRead MoreLiterary Analysis Of Animal Farm By George Orwell1310 Words   |  6 PagesLiterary Analysis of Animal Farm Although they claimed the farm to be a utopia, the pigs secretly were deceiving their fellow animals and turning the farm into a dystopia. In George Orwell s Animal Farm all of the animals are mistreated by Farmer Jones, but they wish to be treated as equals and live in a utopia so they rebel and take over the farm. The animals first write commandments to avoid chaos, but the leader pigs selfishly modify the commandments in their favor. In the end, the farm is worseRead MoreHow Is Marxism Portrayed in Animal Farm by George Orwell? Essay1369 Words   |  6 PagesHow is Marxism portrayed throughout ‘Animal Farm’ by George Orwell? The main aim of Marxism is to bring about a classless society, and ‘Animal Farm’ is generally considered to be a Marxist novel, as all its characters share a similar ambition at the beginning. ‘Animal Farm’ represents an example of the oppressed masses rising up to form their own classless society, whilst offering a subtle critique on Stalin’s Soviet Russia, and communism in general. Orwell is, ironically, revolutionary in hisRead MoreAnimals Take Over in Animal Farm by George Orwell1370 Words   |  6 PagesIn the novel â€Å"Animal Farm† by George Orwell, the animals take over the farm and develop their own independent society. Just as it happened during the Russian Revolution of 1917. George Orwell underlies the tension between the oppressed and the exploiting classes between the condescending ideals and harsh realities of socialism. During the course of the literary piece by George Orwell makes it clear how the animals are mistreated by â€Å"Mr. Jones â€Å", because of this treatment they are receiving; OldRead MoreLiterary Analysis Of Animal Farm By George Orwell1460 Words   |  6 PagesLiterary Analysis of Animal Farm A quote from Wayne Dyer, a late American author and motivational speaker, says that â€Å"[f]reedom means you are unobstructed in living your life as you choose. Anything less is a form of slavery.† This promotes the idea that ultimate freedom to control one’s life is the only way to live. One way to achieve this freedom, if not given, is to stage a revolution against authority. In Animal Farm, a novel by George Orwell, parallels are drawn between his characters and theRead More Analysis of Mrs. Grimes in Sherwood Anderson’s Death in the Woods831 Words   |  3 Pages Analysis of Mrs. Grimes in Sherwood Anderson’s â€Å"Death in the Woods† The self-worth that a person feels that he or she has is mainly determined by how others view that individual. Many people that are blessed with a loving family learn to feel cherished and important. They believe that they have some sort of value to their lives. These people tend to find a reason to be happy and positive regardless of any negative situation they are involved in. However, those who have never been shown love or affectionRead MoreThe Nuns Priests Tale in the Canterbury Tales Essay1339 Words   |  6 Pagestale begins and ends with a poor widwe somdeel stape in age (line 1), but the majority of the content involves not the widow but the animals on her farm, in particular an arrogant rooster name Chauntecleer. The first mention of the main character does not come until the twenty-ninth line, after twenty-eight lines of minute description of the widow and the farm. The donation of large amounts of time to detail slows down the plot of the story; this plot is even furth er drawn out by the Nuns PriestsRead MoreChildren s Literature : Research Paper1570 Words   |  7 Pagesbooks that he has written. Mr. White lived on a farm in Maine and he took care of many of these animals. This is how a lot of his books were written. Some books to mention that his animals made it into his books are Stuart in Stuart Little, Charlotte in Charlotte’s Web. His three books for children—Stuart Little (1945, film 1999), Charlotte’s Web (1952, film 1973 and 2006), and The Trumpet of the Swan (1970)—are considered classics, featuring lively animal protagonists who seamlessly interact with theRead MoreDreams in Of Mice and Men1258 Words   |  6 PagesCalifornia in the 1930s Great Depression. Life was hard and men could be cruel. Hope might be the only escape from hard reality. This links to the American Dream – represented in George and Lennie’s dream of working hard and getting their own land and farm, and control over their o wn lives. But it was harder than ever to achieve due to the tough economic conditions of the Depression. After Lennie’s death, it might be possible for George to realise his dream, but the emptiness at the end of the novel

Customer Relationship Management ( Crm ) - 869 Words

Businesses in today’s world face many obstacles on the road to success. They have to have sound business plans, solid product or services to offer, and they have to generate revenue to keep their businesses running. In order to achieve these things, a business needs to know what the customer wants from them. Many companies have come to realize that customers and the service they receive are very important in expanding their brand. Because of that recognition, most businesses of the twenty-first century have developed customer relationship management (CRM) initiatives to better relate to their customer bases. What does customer relationship management (CRM) mean? Kurtz defines CRM as a set of strategies and tools that companies use to learn about customers (Kurtz, 2015, pg. 211). One strategy that companies use is training their employees in customer service and customer appreciation techniques. A company’s employee is often the first point of contact for many customers, either in the business-to-business world or in the consumer marketplace. In this regard, an employee can be considered as the face of the company for that customer. So, a well-trained employee in consumer relations can lead to huge dividends down the road for that company. Another key CRM approach is the efforts of businesses to enter the social media world. Social media has allowed customers to provide instant feedback about the goods and services they received. In the past, a company only had to worryShow MoreRelatedCustomer Relationship Management (CRM)845 Words   |  3 PagesRM stands for Customer Relationship Management. It is an approach used to learn more about customers needs and manners in order to develop stronger relationships with them. Good customer relationships are at the core of business achievement. There are many technological mechanisms to CRM, but thinking about CRM in mainly technological terms is a mistake. The more useful way to think about CRM is as a calc ulated process that will help you better understand your customers’ needs and how you can meetRead MoreCustomer Relationship Management ( Crm ) Essay831 Words   |  4 Pages CRM: Customer Satisfaction, Customer Loyalty, and Firm Profitability Customer Relationship Management (CRM) is a tool that helps track, manage and supply information about customer’s interactions with an organization to help contribute to customer satisfaction that leads to customer loyalty. Additionally, CRM programs provide tools and applications designed to target their efforts on the most profitable customers, target new potential customers, and generate sales and maintain relationshipsRead MoreCustomer Relationship Management ( Crm )1510 Words   |  7 Pages1) Introduction: Customer Relationship Management (CRM) is a key business strategy that optimizes customer experience and increases service or product value. CRM represents a function that relates customer satisfaction, customer behaviour, customer value and profit of an organization. The main goal of integrating CRM software is to improve the sales functionality, such as providing real time customer data history to the sales departments. Other benefits of CRM software include impro ved targeted marketingRead MoreCustomer Relationship Management ( Crm )857 Words   |  4 PagesCustomer Relationship Management (CRM) The most important aspect of any company that is involved in medium to big projects, is the company’s relationship with its clients. It is so important that companies like BNSF Railways, which was awarded Customer Relationship Management Excellence Awards in 2006 by Gartner Inc. (Schwalbe, K., pp 56, 2010), boosted its sales by simply investing more in customer relationship management. To reinforce the importance of CRM, studies conducted by HUFS College ofRead MoreCustomer Relationship Management ( Crm )1583 Words   |  7 PagesChapter 2 : CRM study 2.1 Defining CRM Customer relationship management (CRM) is an approach that company’s use to manage, analyze and interact with customers. It refers to the practices, strategies and the technologies used by companies to understand the customer’s needs and behavior in order to create and build relationships with customers and to follow them throughout the customer lifecycle with a focus on increasing retaining customers with driving the sales growth. The idea of a CRM system isRead MoreCustomer Relationship Management ( Crm ) Essay1406 Words   |  6 PagesCustomer Relationship Management (CRM) may be methodology} that supports degree organization’s decision-making method to retain long-term and profitable relationships with its customers. Some define CRM as simply a business strategy whereas others define it as a data-driven approach to assess customers’ current desires and gain The common variations of CRM include: operational CRM (O-CRM); analytical CRM (A-CRM); collaborative CRM (C-CRM); e-Commerce CRM (e-CRM); and mobile CRM (m-CRM) OperationalRead MoreCustomer Relationship Management ( Crm ) Essay769 Words   |  4 Pagesare target markets, customer relationship management (CRM), technology and breakthrough opportunities, building relationships with customers, and most importantly, customer lifetime value. Target markets are part of a marketing strategy. It is a â€Å"fairly homogenous group† of customers who a company wants to appeal to (pg 33). To determine their target markets, companies look at age, location, gender and etc. For example, a firm that sells winter apparel will target customers who live in cold regionsRead MoreCustomer Relationship Management ( Crm )3159 Words   |  13 PagesCustomer Relationship Management (CRM) is a strategy for operating all your enterprise’s relationships and interactions with your clients and future clients (What is CRM.) The CRM industry has been molded by monolithic trends over its lifetime. Back in the late 90s, intranets, extranets and the internet altered CRM into more collaborative approaches. The move to cloud has transformed CRM and the relative merchant success. It has definitely encouraged several more users to implement CRM solutionsRead MoreCustomer Relationship Management ( Crm )1456 Words   |  6 PagesIntroduction Customer Relationship Management (CRM) is significant in the service marketing these days, customers are the major element that relates to the company growth and profits. Understanding the customer purchase behavior and relationship is a key of success that commonly indicates the B2B B2C relationship management. CRM system provides the customer information that shows what customer wants and needs, and help sales person to increase the customer relationship with the organizationRead MoreCustomer Relationship Management ( Crm )1223 Words   |  5 PagesCustomer relationship management (CRM) is an essential part of every modern business. At the beginning of 21st century, the customer power dramatically increased due to Internet and technology development. The objectives of CRM are to build profitable and long-term relationships with customers. CRM is a complete system that provides a 360-degree view of the customer. It is also a method that tends to capture the experience of the consumers, and gain their trust to remain loyal customers. It is also

Central London Property Trust Limited

Question: Discuss about the Central London Property Trust Limited. Answer: Introduction: In this question, advised needs to be given to Bertini Italian Restaurant regarding the lease contract for restaurant space that it had entered into Garland Properties Pty Ltd. in this regard, it needs to be mentioned that Garland is the owner of a large commercial property. However, the property was leased to Bertini on month to month basis , while the restaurant was looking for the insurance provided by a long-term contract. Under these circumstances, Bertini asked for a lease period of 10 years along with an option to renew the lease for the next five years. However, Bertini could not get the lease for 10 years. During the negotiations between the parties, it was clear that the property was going to be offered to Bertini or five years lease. However Garland also told Bertini that it should undertake significant refurbishments on the property to the satisfaction of Garland at the beginning of the lease. This was done to make sure that the restaurant is up to the required standard w hile compared with the other restaurant that were also present in the same commercial companies. However, Bertini was not very sure that their business will be able to cope up with the refurbishments expenses, particularly if a lease for 10 years was not granted to it. It is also worth mentioning at this point that the cost for the refurbishment was going to be around $2 billion. Although Garland was not ready to give a lease for 10 years to Bertini by the stated that if the lease for five years was signed by Bertini and it also refurbish the restaurant according to the desired level of Garland before the Melbourne Expo started, the company will look after the interests of Bertini at the time of the renewal. The representatives of Garland had also stated that the reason includes they were going for five years lease term was to make sure that the lease aligns with the lease of the other tenants, who were present in the complex. However, there was no option to renew in the lease contr act, but it was mentioned in the contract that the landlord is required to give a notice to the tenant indicating if the landlord is going to renew the lease or the landlord will allow the tenant who occupied the premises on month to month basis, or if the landlord is going to ask the tenant to vacate the premises after the lease has expired. Six months before the expiry of the lease period, Garland told Bertini that it was not going to renew the lease and therefore Bertini should vacate the premises. Therefore the issue arises if Bertini can rely on a statement made by Garland. According to which the lease was going to be extended for the next five years and similarly the fact that Bertini had spent $2 million in refurbishing the restaurant to the satisfaction of Garland can be taken into consideration while dealing with this issue. Although an attempt has been made by the High Court in Commonwealth v Verwayen (1990) to unify the law under a single doctrine that is based on unconscionability, still under the common law and quickly, estoppel is governed by different doctrines and rules. Essentially the estoppel, under the common law is related with the rules of evidence. It includes estoppel by judgment, common-law estoppel, estoppel by convention and estoppel by representation. The lawyers call the estoppel by judgment as res judicata. Equity also provides that a party cannot raise an issue in subsequent proceedings if such an issue could have been raised during the prior proceedings (Meagher, Hayden and Leeming 2002). The estoppel by deed, prohibits the party from denying representation that has been made in the recitals of a deed. In the same way, the parties are prevented by the estoppel by convention from denying the agreed or resumed the state of facts on the basis of which the mutual relations between the parties have been formed. According to the common-law estoppel, the parties are prohibited from denying their conduct, while the estoppel by representation prohibits the parties from denying a representation of fact made by them (Robertson 1996). Equitable estoppels, that are also described as estoppel by acquiescence, estoppel by encouragement and promissory estoppel does not labor under the restrictions that have been provided in Jordan v Money (1854) 5 HLC 185. Particularly the principle of promissory estoppel has been considered an extended by the High Court in a number of decisions. For instance in Legione v Hateley (1983). It was accepted by the High Court that promise the estoppel could be the ground of claim as well as it can also act as a defense. However, on the basis of the facts of the case it was held that the statement, on which the plaintiff had relied upon, was not sufficiently promisingly. In Waltons Stores (Interstate) Limited v Maher (1988), the court made out a claim on the basis of the doctrine of promissory estoppel. In this case, Jordan v Money was not rejected by the court, but instead it had developed the equitable principle that was applied by the court in Central London Property Trust Limited v High Trees House Limited [1947] where the party was prohibited from resiling from its representation related with the exercise of existing contractual rights. This doctrine was extended in Bank Negara Indonesia v Hoalim (1973) (which had been approved in Saleh v Romanous 2010) as applying to the rights which do not pre-exist but which have come into existence due to the change of the position on part of the representee. Generally it is overlooked that in Waltons Stores, the majority had discovered different estoppels. In the separate judgment given by Mason CJ and Wilson J, and Brennan J, the case was decided by considering promissory estoppel. On the other hand, Deane and Gaudron JJ had arrived at their decision on the grounds of the common law representation that was made by the appellant or on the grounds of an induced assumption made by the respondent, regarding the fact that the contract in dispute was in existence (Cooke 2000). The practical difference that exists between equitable estoppels and, not estoppel may sound in the different remedies supported by them (Nolan 2000). It also needs to be mentioned that under the common law, estoppel does not result in the creation of a right. The right arises due to the state of facts that are found by the court. On the other hand, equitable estoppels create an equity that in itself is a source of rights. As the common law estoppel does not allow the e stopped party from denying a fact, like the presence of contract, theoretically, the other party may be able to cross claim regarding the contract for breach in expectation damages. But equity does not result in giving a rise to a remedy like equitable compensation. That may be payable by the estopped party, and it is limited to making good the detriment suffered by the other party. In Commonwealth v Verwayen (1990), the limitations that have been placed on making out a promissory estoppel were clearly mention when the court characterized the appropriate relief as minimum equity for doing justice. Therefore it can be said that promising estoppel arises as a result of the representation made by a party regarding future and it has the capacity to create new rights between the parties concerning the property. The doctrine of promissory estoppel is based on unconscionability. Promise the estoppel or proprietary estoppel can be described as a person whose conduct had resulted in an exemption on part of the other person that he or she is going to obtain an interest in the land of the first person. On the basis of such expectation, the other person has altered its position or it has acted to its detriment. The law allows such a person to bring into existence, and equity in favor of such person. The nature and the extent of equity depends on the circumstances. In this way, the doctrine of estoppel is basically based on the main heads. These are assurance, reliance and detriment. A wide range of variation may be present in the quality of assurance that is required to give rise to an ex pectation. However, it can be said that the evidence is required to establish the following propositions:- (i) that A has given or is going to give an interest in real property to B; (ii) that A is aware of the expectation of B; (iii) B has incurred a detriment by relying on such expectation and made expenditure on the property or has given up the rights that were related the real property; (iv) A can legally pass on the expectation, interest or property to B; (v) A has encouraged B or at least had the knowledge regarding the detriment that was suffered by B. Even if the heads of proprietary estoppel look like a matter of precedent and logic that has to be settled reasonably, much less certainty is present regarding remedies that may be available on its proof. When a proprietary stoppers has been established, the most likely remedy granted by the court will be an order affecting the gift by conveyance or the transfer of interest. Even if were no transfer or conveyance can be made effectively, the promisee may be required to make do with a lesser remedy of equitable charge. When proprietary estoppel has been established on the grounds of a representation to transfer an interest in land, the prima facie remedy is not to fulfill the promise by the transfer or conveyance of the interest in land but stripping the profit that has been made by the promisor on the basis of his unfulfilled promise. On the above-mentioned grounds, it needs to be seen if in the present case Bertini can rely on the promise made by Garland. In the present case, Garland has given an interest in the property to Bertini. This interest was given in the form of a lease for the restaurant. At the same time, Garland was aware of the expectation of Bertini that the lease should be extended for 10 years. In fact, Bertini had made a clear demand that the lease for the restaurant should be extended for 10 years. In this way, Garland at knowledge regarding the expectation of Bertini. By relying on the expectation that eventually the lease will be extended for the next five years after the expiry of the first five years, Bertini had spent nearly $2 million on the refurbishment of the restaurant to the satisfaction of Garland. Garland wanted that the restaurant should be refurbished by Bertini so that it becomes comparable with the other restaurants that were present in that commercial complex. Although Bertini was reluctant to spend such a huge amount on refurbishing the restaurant, particularly when the lease had not been extended for the next 10 years, Garland assured Bertini that it will take care of the interests of Bertini after the expiry of the first five years of lease. In this way, by relying on the expectation that the lease will be extended for the next five years, Bertini had made a lot of expenditure on the refurbishment of the restaurant. At the same time, it can also be said that Garland had encouraged by the need to incur the detriment or in other words to make the expenditure for the refurbishment of the restaurant. Garland cannot claim that it was not aware of the expectation of Bertini as Bertini had clearly asked that the lease should be extended for the next 10 years. A collateral content is created between the parties when one party makes a promise that is independent from the main contract, and the consideration for such promise is neither party entering into the main contract. For instance, A wants to sell his car to B. However B is reluctant to buy the car because he is not show regarding the performance of the car. Under these circumstances, a promise or an assurance is made by A according to which the car can go from 0 to 100 kilometers in 8 seconds. Therefore in this case, the main contract is related with the purchase of the car. On the other hand, the assurance given by A can be described as collateral contract, which exists along with the main contract. The law provides that a collateral contract should be proved strictly. In the same way, a collateral contract may arise only if satisfies the following requirements:-it should be promissory in nature; it should be made with the intention to induce the other party to enter into the contrac t and it must be consistent with the terms of the main contract. It is also required that the collateral contract should be made before or while the parties are going to enter into the main contract. According to the standard bargain theory, which has been mentioned in consideration, a promise cannot be considered as binding unless a prize has been paid in return. Such a price could be a promise or an act it could be money also. But there are certain circumstances, when even a non-contractual promise may result in creating binding obligations even if it has not resulted in the right to sue for damages if it is established as being false (Bryan 2012). According to the doctrine of promising estoppel,, which is an equitable doctrine, as is the case with specific performance. As is the case with all other equitable remedies, this remedy is also discretionary, as compared to the absolute right under the common law to sue for damages in case of a breach of contract. A essence of the doctrine of promising estoppel can be described as follows. When a person has caused the other party to act on the basis of an assumption as a part of their relationship, such person is not allowed to depar t from it or to act in a way as if it was not so. Therefore the person is not allowed by the law to deny that the assumption is true. If one party had led the other party to believe that the first party is not going to enforce a certain right against them, and the other party has acted on such information, assuming the information to be true, later on. The first party is not allowed to go back and enforce those rights (Silovi Pty Ltd v Barbaro 1988). Proprietary estoppel is now considered as a part of general equitable estoppel. Proprietary estoppel involves doing something which a person believes to give him a right over land. By putting up a building or making certain improvements to the land, in such a case the actual owner of the land can be estopped from denying the right of the other party (Nolan 2000). The doctrine of promissory estoppel has a much more restricted role under the English contract law is the way to the law of Australia where it can be used to found a cause of action for the purpose of remedying the non-performance of a promise that is not supported by a consideration (Spence 1999). As compared to the other, the restrictions, in Australia, estoppel can be used as a cause of action and also as a defense (Handley 2010). In this way, in Australia, promise of the estoppel acts as a sword and also as a shield. The concept of equitable estoppel is exclusively found in Australia. It is the result of the fusion of earlier distinct heads of estoppel in Walton Stores v Mehar. In case of promissory estoppel, the party making the representation is estopped from enforcing the contract where doing so would the unconscionable or inequitable due to the reliance on the representation by the other party. It appears in view of the language of unconscionability to be the underlying ratio nale in the modern cases based on promissory estoppel. However, it has not been generalized into the doctrine of unconscionability under English law. Similarly, it has not even been used as a common link for drawing together promissory estoppel and proprietary estoppels (Handley 2006). In Central London Property Trust v High Trees House [1947], a block of flats was leased by High Trees from CLP at the ground rent of 2,500. When the lease was taken out in 1937, it was a new block of flats. The defendant was facing problems in getting tenants for all the floods and High Trees was left with no profit due to the ground rent. By 1940, a number of flats were still unoccupied and as the ball was going on, it appeared that there would be no change to the situation for some time in the future. Under these circumstances, CLP, agreed that during the war years the rent may be reduced to 1,250. This agreement between the parties was reduced to writing. High Trees started to pay the reduced rent from 1941. However, when the war was over, all the flats were occupied and the claimant wanted to return to the original rent. In this case, the decision of the High Court was that the parties can return to the originally agreed rent only for the future. The court stated that the arrears accrued during the war years cannot be claimed by CLP. This case assumes significance due to the reason that in this case, the doctrine of promissory estoppel was established by Denning J. In view of the application of promissory estoppel, CLP was not allowed to go back on its promise to accept the lower rent even if such a promise was not supported by any consideration. Denning J stated that in his opinion, it was the right time to recognize the validity of such a promise. Therefore the logical consequence would be to accept that the promise to accept smaller sum and discharge the debt of the larger amount, is binding if acted upon, even if there is no consideration present in such a case. It is also required to briefly discuss the case of Walton Stores (Interstate) Ltd v Maher and Another (1988) 76 ALR 513. In this case, commercial property was owned by Mr. and Mrs. Maher. On the other hand, the lease of the existing premises of Walton Stores (Interstate) in Nowra was going to expire in generally 1984. By mid-1983, Mehar's and Waltons have entered into the negotiations for the lease of property by the store. In order to fulfill the requirements of Walton's, Mehars became ready to demolish the old building standing on the property and construct a new building according to these presentations provided by Waltons. In this regard, Mehar's were advised by Waltons that the new building should be completed by 15 January, 1984. Subsequently, the parties reached an agreement to extend the time for completing the work. The terms of the lease and the rent was agreed upon by the parties on 21 October, 1983, the solicitors of Waltons sent a draft agreement for lease to the solicit or of Maher. The solicitor of Maher informed the solicitor of Waltons that Maher's wanted the agreement to be concluded within the next one or two days otherwise they will not be in a position to complete the new building on time. Maher's solicitor was orally advised by the solicitor of Waltons that according to the verbal instructions given to him by Waltons and therefore you will seek formal instructions. On that night, the solicitor of Walton sent the updated the agreement in which the amendments were incorporated along with a letter in which it was confirmed that according to him, formal instructions would be forthcoming. He also promised to inform the solicitor of Maher's if any amendment was not agreed to. The amended deed executed by the Maher's was sent to Walton's solicitor. On the other hand, it was decided by Waltons that in view of the new retailing policy that was being formulated they did not wish to commit themselves to leasing the property and therefore they instruct ed their solicitors to go slow. Under these circumstances, Mahers started the construction of the new building that was being done according to the plans and specifications given by Waltons. However by January 19, the solicitor of Walton's advised the solicitor of Maher that they did not intend to proceed with the lease. An action was brought in the Supreme Court of New South Wales by Mahers, who were seeking a declaration that a binding agreement had been created between the parties and the specific performance of the agreement or in its place, damages. The case was decided in the favor of Mahers by the judge had the first instance. The decision was given on the grounds that Waltons were prevented from denying that concluded contract has been created between the parties in view of the common law estoppel. The court ordered Waltons to pay damages. Against this decision, an appeal was preferred by Waltons in the NSW Court of Appeal. This appeal was dismissed and Waltons made an appeal to the High Court. The legal issue was if Waltons was esstopped from denying the presence of a binding agreement that it was going to lease the property. The appeal was dismissed by the High Court. Although separate decisions were given by the Justices, with the exception of Mason CJ and Wilson J. they were all of the opinion that the presence of a binding agreement to lease the property could not be denied by Waltons even if the parties have not entered into the formal contract. On the basis of the above-mentioned discussion, in the present case also, Garland cannot deny that there was any given between the parties to extend the lease for the next five years after the lease for the first five years had expired. Therefore, in this case, even if the promise to extend the lease by next five years was not supported by any consideration provided by Bertini, still the promise is enforceable. However, Garland can claim that Bertini cannot claim $200,000 that it was going to earn as ordinary profit and also the $100,000 that it was going to make in exceptional profits in view of some lucrative deals. References Bryan, M. 2012. Almost 25 years on: some reflections on Waltons v Maher 6 Journal of Equity 131 Cooke, E. 2000. The Modern Law of Estoppel, Oxford University Press Handley, KR. 2006. Three High Court decisions on estoppel 1988-1990 80 Australian Law Journal 724 Handley, KR, 2010. Further thoughts on proprietary estoppel 84 Australian Law Journal 239 Meagher R, Hayden, Leeming M 2002 Meagher Gummow and Lehanes Equity Doctrines and Remedies Fourth Ed. at 17 Nolan, D., 2000. Following in their footsteps: Equitable Estoppel in Australia and the United States 11 Kings College Law Journal 202 Robertson, A. 1996. 'Satisfying the Minimum Equity: Equitable Estoppel Remedies after Verwayen 20 Melbourne University Law Review 805 Spence, M. 1999. Protecting Reliance: The Emergent Doctrine of Equitable Estoppel Hart Publishing Bank Negara Indonesia v Hoalim (1973) 3 PCC 27 Central London Property Trust Limited v High Trees House Limited [1947] KB 130 Commonwealth v Verwayen (1990) 170 CLR 394 Legione v Hateley (1983) 152 CLR 406 Saleh v Romanous [2010] NSWSC 274 Silovi Pty Ltd v Barbaro (1988) 13 NSWLR 466 Waltons Stores (Interstate) Limited v Maher (1988) 164 CLR 387

Salmon Essays - Fish, Anthrozoology, Salmon, Oncorhynchus

Salmon What species would travel over 2000 miles just to have young and then die? It has been said that anyone who has not seen a wild salmon has not seen what a fish should be. Salmon was the common name applied to fish characterized by an elongated body covered with small, rounded scales and a fleshy fin between the dorsal fin and tail. In this paper I will be discussing history of studying salmon, the life cycle, spawning and mating behaviors; which has much to do with the total reproduction of salmon. Salmon were studied earlier than some may think. Experiments were done by men that date back to the mid-1600s. These experiments involved catching salmon in fresh water, tagging them, and then catching them again when they return to the same place, around six months later. These experiments were doubtful and it was not until the beginning of the 1900's that proof was available that the salmon returned home. (Shearer) Although usually drab in color before the breeding season, which varies with the species, members of the salmon family develop bright hues at spawning time. The male, during this mating season, usually develops a hooked snout and a humped back. "In many diverse taxa, males of the same species often exhibit multiple mating strategies. One well-documented alternative male reproductive pattern is 'female mimicry,' whereby males assume a female-like morphology or mimic female behavior patterns. In some species males mimic both female morphology and behavior. We report here female mimicry in a reptile, the red-sided garter snake (Thamnophis sirtalis parietalis). This form of mimicry is unique in that it is expressed as a physiological feminization. Courting male red-sided garter snakes detect a female-specific pheromone and normally avoid courting other males. However, a small proportion of males release a pheromone that attracts other males, as though they were females. In the field, mating aggregations of 5-17 males were observed formed around these individual attractive males, which we have termed 'she-males.' In competitive mating trials, she-males mated with females significantly more often than did normal males, demonstrating not only reproductive competence but also a possible selective advantage to males with this female-like pheromone." In the competitive mating trials, the she-males were successful in 29 out of 42 trials. The normal males won out in only 13! The authors ask the question: Why aren't all males she-males given such an advantage? (Mason, Robert T., and Crews, David; "Female Mimicry in Garter Snakes," Nature, 316:59, 1985.) Comment. Among the fishes, bluegills and salmon (and probably many others) have female-appearing males competing with normal males. Abstract: The influence of sperm competition and individual mating behaviour in an externally fertilizing species of fish, the Atlantic salmon (Salmo salar), is estimated from video observations of multiple-male spawnings and subsequent paternity analyses. One male dominated the paternity during polygamous spawnings, fathering more than 80% of the progeny in a single nest. Behavioural analyses of the spawnings showed that the first-mating male had sperm precedence in 6 out of 10 cases. In three of the other spawnings, sperm limitation likely influenced individual success, as the first-mating male had participated in a large number of spawnings. In the final, nearly simultaneous spawning, male size was more important than the 0.6-s difference in spawning times. Thus, male fertilization success can be influenced by a variety of factors, including sperm precedence, male size, and spawning history. Back to Table of Contents Before mating, one parent excavates a nest for the eggs; after the eggs are deposited and fertilized, the female stirs up the stream bottom so that earth and stones cover the eggs and protect them. The eggs hatch in two weeks to six months, depending on the species and the water temperature. During the migrations and nest-building activity that precede mating, neither the females nor the males consume food. In the life cycle of the pacific salmon, nature recycles the parents to feed the babies. Mature salmon leave the Pacific Ocean as saltwater fish, never again to eat as they battle their way up the Columbia River to spawn in the home stream where they were born. Those born in the upper reaches of the Columbia River's tributary stream, the Snake River, travel more than 1,000 miles inland to lay their eggs and fertilize them, roughly one fourth of the distance across the United States. Without enough reserves in their bodies to get back to the Pacific, the adult salmon spawn and die. To spawn, a female salmon scoops a nest in stream-bottom gravel by waving her tail and deposits her eggs in