Social Structure of Pompeii and Herculaneum

Social Structure of Pompeii and Herculaneum Many written and archaeological sources have revealed different information about the social structure in Pompeii and Herculaneum. Pompeii and Herculaneum housed over 10 000 to 20 000 people, all separating into three main social classes; Freeborn, Freedmen and Slaves. All people were either permanently born into a specific group or rarely had the ability to change their status.  [1]  Pompeii and Herculaneum consisted of a range of mixed social groups which included rich land-owners, merchants, artisans and slaves. Both towns were lead by men following the patriarchal system. All elite people were determined by their previous families.  [2]  Men and women were treated differently, as the women had less responsibility to the community then the men had.  [3]   On the top of the social structure in Pompeii and Herculaneum was Freeborn. Freeborn men and women were classified as the high-class residents of Pompeii and Herculaneum, both politically and socially.  [4]  Freeborn people lived on altering their lives to satisfy and impress the people of Pompeii and Herculaneum.  [5]  It was important to publicly show that they were elite and important and in doing so freeborn men and women dressed with discrete details (toga for men and stola for women, (Refer to Appendix 9 and 10) that made them stand out amongst the rest of the public.  [6]  All freeborn people in Pompeii and Herculaneum came from either their ancestors or by property.  [7]  They included wealthy landowners and businessmen. Freeborn men had many advantages and satisfactions in being so highly ranked. Men had full legal rights and could become candidates for political office. They could become part of the council and dominate the community finances, spaces and rel igion. Freeborn men were very influential people who had statues devoted to them and had honorary tombs made for them. Freeborn men had reserved seating in the amphitheatre.  [8]   An archaeological fresco has shown a wealthy freeborn man and women in a banquet scene which indicates the social standing, where servants and slaves are typically displayed as smaller and lower people in the picture.  [9]  ( Refer to Appendix 5) Women in Pompeii and Herculaneum were expected to run the household, take care of children and manage the finances.  [10]  High-class women unlike men could not be in the political office. They were under the legal administration of their fathers and husbands which meant that they would belong with whichever social class their husband or father were in  [11]  . Freeborn women could own their own property, have an education and become businesswomen and priestesses. An example of a woman was Eumachia who was both business woman and a city priestess.  [12]  (Refer to Appendix 1).Another example is Julia Felix who was a very wealthy women who owned an entire block of land in Pompeii.  [13]  (Refer to Appendix 4). Like freeborn men, women received statues and tombs in their honour. Women also helped with the construction of buildings and tombs.  [14]  Women in Pompeii and Herculaneum were not classified as citizens, education was a symbol of respect but motherhood was the most valued occupation.  [15]  They could not control the political office as they required particular characteristics such as power and rights which they lacked.  [16]  Unlike many other Roman women Pompeian women had more freedom and could participate in the public, religious and business life.  [17]  Several wall paintings, inscriptions and frescoes have displayed Pompeian and Herculaneum women actively engaged in public activities and walking around the city freely.  [18]  (Refer to Appendix 6 and 7). Eumachia was a very influential women in Pompeii and Herculaneum. She owned a large building in the Forum of Pompeii which was the Fullers (Refer to Appendix 3). An inscription signifies that she built it with her own money, in honour of Augustan concord. Eumachia was the patron of the Fullers who worked in the building. The Fullers made a statue in her honour.  [19]   Freed people were known as liberti who were formerly known slaves. In order to become a Freedmen one must buy their freedom or be granted it by their owner.  [20]  Freed men were men and women who were freed from slavery and no longer had to serve anyone.  [21]  The process and ceremony of being set free was called Manumission and in this process the former slave was beaten for the last time to remind them that they were still in debt to their master.  [22]  Freed mens names gave evidence to the status they belonged to.  [23]   The freed people had numerous restrictions on their rights as they owed duties and responsibilities to their previous owners. This is where the patronage system comes into action where the former slave has become the client for their master. Freedmen had low social status and were poor, but it was possible for them to succeed in trade and become wealthy.  [24]  Many freedmen became wealthy and influential; an example is the Vetii Brothers, 1895.  [25]  The Vetii Brothers Aulus Vettius Restitutus and Aulus Vettius Conviva were former slaves who had been freed and became wealthy tradesmen. The House of the Vetii was owned by the Vettii brothers and one of the most well known and admired houses, it displayed a range of different frescoes which indicated their wealth through trade. Evidence has proven that they were wine merchants and became very well known and influential people in Pompeii and Herculaneum.  [26]   A fresco in their home portrayed Hermes god of Trade, located in their triclinium trying to profess their thanks to him.  [27]  (Refer to Appendix 8). Another archaeological source was a poster which said: [A VETTIUS] RESTITUTUS ROG[AT] VETTI CONIVA, AUGUSTALIS [FAC]. This poster was used to help the former owners of the brothers in the political votes as they had gained many connections through trade. The House of the Vettii contained many archaeological sources which helped reveal information about the social structure in Pompeii and Herculaneum. (Appendix 11 shows a picture of Priapus weighing his phallus, which was located at the front door greeting the guests). Freedmen participated in religious cults and could have their own businesses. Freedmen could not have political power like Freeborn men could but they could vote in the elections. Freed women like men could not hold formal political office and could also work for their former master through the patronage system.  [28]   In Pompeii and Herculaneum little evidence has been found about the slaves and their lives.  [29]  Slaves came from a range of different countries and could be bought and sold by their masters.  [30]  Slaves had no rights, privileges  [31]  and no permanent home as their owners could sell and dispose of them at anytime.  [32]  Many owners bought slaves for sexual intentions.  [33]  Several slaves were educated sometimes more than their owner. Their duty was to clean and cook , some took on the role of doctors and teachers.  [34]   In Pompeii slaves came from debtors and prisoners from wars usually consisted of women and children.  [35]  Slaves made up for forty percent of the population in both Pompeii.  [36]  Slaves worked for Freeborn people, Freedmen and the town council.  [37]  A range of evidence identifies that some slaves lived with their owners as they were considered by law as part of the property.  [38]  The House of Menander and the House of the Centenary are some examples of houses where specific rooms were assigned only to the slaves.  [39]  Tombs that were owned by slaves was rare, seemingly as most slaves were buried in random unmarked places.  [40]  An example of a tomb that was owned by a slave is shown through inscriptions Conviva, slave of Veia, lived 20 years.  [41]   The main goal was to be granted freedom and no longer be a slave for anyone. In order to be free it was required by the slave to either pay off their freedom or be granted freedom by their owner. The freedom converted the slaves to Freedmen.  [42]  Freedom for the slaves came with a ceremony called Manumission.  [43]  Many slaves resumed work with their previous owners but did not get the benefit of citizenship.  [44]   The relationship between the client and patron was a very common characteristic in all social classes in Pompeii and Herculaneum. It was a patronage system where high status people became leaders to the lower class people making them the client. In return the client was expected to support their master through political elections and any other services needed. In doing so the client was rewarded with a gift ,free meal or guidance with their the legal affairs. Clients were supported politically, socially, economically and legally. After many years of serving the owner the slave is granted freedom and adopts the owners name and become their client.  [45]   An example of this relationship was Eumachia and the guild of fullers. A statue of Eumachia was dedicated to her in her honour by the Fullers. (Refer to Appendix 1).Also there was an inscription on the statue that read The Fullers (dedicated this statue) to Eumachia, daughter of Lucius, Public priestess.  [46]  (Refer to Appendix 2). In conclusion written and archaeological sources have created a wide range of knowledge about the social structure in Pompeii and Herculaneum. The social structure branched out into three main categories freeborn, freedmen and slaves, people were either born into the social class or rarely changed into another status. Appendix Appendix One- http://farm2.static.flickr.com/1058/739235616_e3e5b19055.jpg Appendix Two- http://www.vroma.org/images/mcmanus_images/eumachia_inscript.jpg inscription on Eumachias building Appendix Three- scan from book. Appendix Four- Insulae of Julia Felix. http://wings.buffalo.edu/AandL/Maecenas/italy_except_rome_and_sicily/pompeii/ac880526.jpg Refer to Appendix 5- http://www.scalarchives.com/scalapic/foglia1/b/AF00125b.jpg Appendix Six- Three women conversing in Herculaneum. (Fresco) http://www.corbisimages.com/images/67/8C223073-D171-4282-86AB-9CFCDFA59F18/MI001617.jpg http://www.corbisimages.com/Images/spacer.gif Appendix Seven- Women playing the Lyre. http://www.the-romans.co.uk/g5/22.woman_with%20_lyre_small.jpg Appendix Eight- Hermes god of Trade. Priapus-Hermes (Mercury), phallic fertility god, with caduceus | Roman fresco Pompeii Appendix 9- Stola for Women. http://www.fashion-era.com/images/all_greeks_romans/faustina-roman-flora2.jpg Appendix 10- Toga for Men. Appendix 11- http://0.tqn.com/d/ancienthistory/1/0/0/l/2/HouseoftheVetii.jpg

An audience’s responce to Hedda gabler Essay

Hedda Gabler is a dramatic, exciting, confusing and at times unpleasant character, who is frustrated by a lack a freedom where she cannot be the wild and unstable free spirit that she wishes and this shines through throughout the play. From this frustration comes immense boredom which is in her case very deadly. She embodies some of the typical Aristotelian qualities of a tragic protagonist but Ibsen has put a strange twist on it. For example she is a woman of fortune. It has been made clear in the book that she was born into this high class lifestyle and has this fortune by no endeavour of her own. Therefore, by being placed at the top of the hierarchy, she has further to fall and there is more at risk than the average person. However, she is not really someone that people can identify or can have sympathy for, as neither generous nor courageous. Also, as is common her fatal flaw is her snobbery or pride. However, Aristotle’s notion of hamarita states that it is a ‘ matter of action’ not the character themselves. I don’t believe this applies her and agree with the 20th century interpretation. This is not brought about by the unfortunate circumstances more than the character themselves. This applies very much to Hedda as her ‘conflicted individual moral psychology which brings about the opposite of what the character intends’. The Norwegian playwright, Henrik Ibsen was very specific about the time when he set Hedda Gabler. The late 19th century was a time where woman were secluded and deluded into an oppressive and subjugate lifestyle. Ibsen puts Hedda in this male dominated were she challenges the conventional middle class bourgeois housewife by acting in a dictating and manly way witch were to shock the 19th century audience at this truly outrageous and outspoken character. The audience can therefore not identify with Hedda because in more ways than one she brings about her own demise. The local newspapers and media were disgraced; such as the daily telegraph which said ‘What a horrible story! What a hideous play! †¦ The play is simply a bad escape of moral sewage-gas’ Describing Hedda’s feelings as ‘the foulest passions in humanity’. This shows that the most tragic thing to me is that there are people her in this world. The play is started off with the stage layout, witch Ibsen perceptibly and carefully layout, giving a very bourgeois atmosphere each object has a lot of meaning to show the tragic nature of the play and Hedda. For example there are a lot of dark and dull colours hinting to things; such as saying ‘autumn colours’. Ibsen is using pathetic fallacy to show Hedda’s state of mind. Autumn is a time were everything around us is dying, dead leaves on the floor and animals hibernating. A time were there seems to be a deafening silence in the air following the summer which is usually buzzing with life. This could mean that maybe Hedda has passed the summer time in her life. A time when she was herself bloom perhaps and a time when she was also buzzing with colourful life. It is mentioned that Hedda used to go to parties and be a socialite. Then we see her state of mind at the present which is autumn. This already sets the scene of this play as pessimistic and cold. This is unusual for Ibsen’s targeted audience as they were used to cheerful and uplifting entertainment. Something to bewitch them into thinking their lifestyle was perfect as it was, which Hedda Gabler does not do in the slightest. Another thing that might have stunned the audience is Hedda’s awkwardness towards Miss Tesman and Mrs Elvsted. At a time were woman only socialized with woman it is interesting to see how she treats her fellow females in such a horrible manner. This is shown towards the beginning of Act1 were she call’s Miss Tesman’s hat to be servants hat. As Miss Tesman is Mr Tesman’s mother figure she should also traditionally be Hedda’s too, so by disrespecting like that would cause the audience to empathise with Miss Tesman and detest Hedda and her behaviour. Hedda also has a very unusual characteristics she presented by Ibsen in a very masculine way. By doing this she is emasculating George Tesman. To begin with he does this himself with Mrs Tesman, the keyword for the first is claustrophobic for Hedda; witch, with me, causes some sympathy for Hedda. With a combination of the childish nicknames (like Georgie and aunty juju) and the dreaded flowers make it as much cringe worthy to the audience as it was to Hedda, which is shown when they leave when The most prominent way that this is done is through the pistols, General Gabler’s pistols.

Annotated Bibliography Of Researched Information - 1108 Words

Summary of Researched Information What is a Memorandum of Understanding (MOU)? The Business Dictionary defines MOU as â€Å"a document that expresses mutual accord on an issue between two or more parties†. (1) In another perspective, an MOU can be referred to as â€Å"a signed non-obligating and legally non-binding document that describes the intentions of the alliance members to work together to address a shared development challenge†. In some instances, the non-legally binding document is referred to as â€Å"letter of intent† or â€Å"partnership agreement†. (2) What is the purpose of using an MOU? The MOU serves as the instrument for establishing an agreement between two or more parties for a common purpose. Although it is not legally binding, the MOU†¦show more content†¦The MOU is initiated by a process of negotiation and mutual agreement. This is followed by acceptance of the terms of the MOU by both parties. Upon approval by both parties, the document is sealed with signatures from the appropriate representatives of both parties on the MOU. Negotiating an MOU can be tasking usually requiring considerable amount of time, energy and resources.(3) There is no standard MOU format but the idea of partnering agencies should be reflected in the format.(5) During the process of negotiating the establishment of an MOU, the following should be considered: i. The goals and objectives of the document should be kept broad and in a simple language.(5) ii. The roles of parties involved should be well defined and the resources to be provided by each member stated. (5) iii. The terms, units of service, service definition, procedures for amending the MOU and proposed review dates should be well defined. (5) iv. Expectations regarding the functions of each party should be realistic and specific.(5) v. 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The Importance Of Play For Early Childhood Education Programs

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What The White Man Thinks Essay - 1374 Words

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On the other hand, Mailer s ideology thrust on the strug gle for racial equality and the way blacks are represented in this era. African Americans in the 1960 s faced many challenges such as racial segregation and discrimination which the civil rights movement composed to end. Mailer begins his essay in The Armies of the Night by expressing his reluctance to attend this mass event of October 1967, a march on the Pentagon, in which hippies, Christians, feminists, and intellectuals all came out together to protest against the war in Vietnam. HeShow MoreRelated Racism in The Color of Fear Essay879 Words   |  4 Pagesdifferent races towards one another. Including also the idea that the white â€Å"do-gooder† feels that subconsciously racism is being taken care of, when in all reality it isn’t. The eight men in The Color of Fear candidly discussed racism not only as whites oppressing blacks, but also the less addressed sides of racial trouble in America. 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Page #______ What good qualities does Unoka have, that his son fails to appreciate? Chapter Two 1. Page #______ How does Okonkwo reaffirm his greatness as a warrior to the people of his village? 2. Page #______ What is the â€Å"normal course of action† when aRead MoreHills Like White Elephants: My Interpretation of the Play Essay examples1329 Words   |  6 PagesThis short story is about a couple arguing about abortion. The girl, Jig, does not want to, but the American man says that it is the only thing between them. The girl wants to continue on with her life of exploring the world with the addition of the baby, but the man says that it would take the world away from them. The man has experience in this, but the woman seems not to. She is reluctant, and does not want to talk about it any more after a point. There are many elements in the story, such asRead MoreAnalysis Of The Book Invisible Man 1671 Words   |  7 PagesAP Quote of the Book Project Invisible Man â€Å"I was naà ¯ve...I was looking for myself and asking everyone except myself questions which only I could answer.† (prologue)- The invisible man is referring to his self-discovery in this quote. He was â€Å"looking for† himself and was adopting all the white culture traits and ignoring his own, leaving behind someone that was not himself. He discovers that he is the only one who could determine who he is and what defines him. â€Å"I was pulled this way and thatRead MoreThe Problem Of Mainstream Media Essay1477 Words   |  6 Pagesthe story. Since there are so few of them they can control what the average American will see and shape their minds to what they think. Everyone will be at one point in your life a victim of something based on your race and that is absolutely heartbreaking. 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Contract Formation Free Essays

string(384) " in the construction industry, as Adriaanse writes this is due to â€Å"a number of factors such as the length of the contractual chain stretching beyond the parties to their subcontractors and suppliers, as well as the system of competitive bidding meaning one party may under-price the cost of the work, raising the possibility that one party may wish to renegotiate the agreement†\." Part A Contracts are an integral part of business and everyday life, and are fundamental to construction as the industry relies on the formation of contracts for business agreements. â€Å"Contracts are based on the idea of a bargain, where each side must put something into the bargain. A contract may be defined as ‘an agreement which is binding on the parties’† (Galbraith, 1998, pg78). We will write a custom essay sample on Contract Formation or any similar topic only for you Order Now There are a number of key components which must be present in the formation of such contracts. Firstly, there needs to be an initial offer made by one party for the formation to begin. An offer exists when one party effectively declares his readiness to be bound by a set of terms without any further negotiation† (Galbraith, 1998, pg79). It is interesting to note also that there is generally no requirement that the offer be made in any particular form, it may be made orally, in writing or by conduct (McKendrick, 2007, pg33). The exception to this is with speciality contracts such as the sale of land or estates or when deeds are formed between parties giving them twelve years liability instead of the six on simple contracts, and are frequently used within construction (Owen, 1998, pg47). However there is a fine line between what constitutes an offer, and an invitation to treat. â€Å"An invitation to treat is simply an expression of willingness to enter into negotiations which will lead to the conclusion of a contract at a later date† (McKendrick, 2007, pg33). There is much confusion between the two, as shown in the cases of Gibson v. Manchester City Council [1978] and Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953]. An example of an invitation to treat in construction is the tendering process, in which the employer will invite contractors to make an offer based on the project information, which the employer can then choose to accept to form a binding contract. In terms of the enforcement of contract law, when cases are examined McKendrick (2007, pg32) states â€Å"the courts adopt the ‘mirror image’ rule of contractual formation, that is to say they must find a clear offer which is matched by an equally clear acceptance†. Acceptance is also defined as â€Å"an unqualified expression of assent to the terms proposed by the offeror† (McKendrick, 2007, pg43). Therefore a contract can only be legally binding if the offer includes clear terms and is declared to the offeree, with communication of a clear and firm acceptance to be bound by these terms given back to the offeror. These two factors combined culminate in the agreement of the contract. However contract formation is rarely simple, and often the offeree will wish to introduce their own terms to the agreement as part of the negotiations, communicating this back to the offeror. This is known as a counter offer. Galbraith (1998, pg80) points out that â€Å"the offer – counter offer situation arises frequently in business where each side in the negotiations may be trying to make the contract on the basis of their own ‘pro forma’ standard documents. This gives rise to what us known as battle of the forms† The battle of the forms scenario succinctly defines the rules of offer and acceptance, in that any counter offer destroys the original offer making it irretrievable, with agreement of contract resulting when the last offer is accepted by the offeree. An example of this is evident in the case of Butler Machine Tool Ltd v Ex-Cell-O Corp [1979]. It is also important that there is an element of certainty to the terms of the contract, with the parties expressing their agreement in a form sufficiently certain for the courts to enforce (McKendrick, 2007, pg57). If there is an element of vagueness in the terms of the contract, it could be judged there is no valid contract at all, an example being the vague use of the term ‘hire-purchase’ in the case Scammell v Ousten [1941]. However if the parties have contracted with each other previously, it could be deemed as stated by Owen ( 1998, pg55) â€Å"a previous course of dealings will control some of the matters not expressly agreed in the present case, e. g. the amount of pay which could be the same as that paid on a prior occasion†. One particular problem in construction is the ‘letter of intent’, widely used between employers and contractors as a form of pre-contract agreement. Following on from the tendering negotiations, Adriaanse (2010, pg55) writes â€Å"the purpose of a letter of intent is to express an intention to enter into a contract at a future date†. These are the result of failing to negotiate on certain terms in time for the project start date, and are introduced to allow the commencement of work, keeping within the projects’ completion target. As these are often not legally binding contracts they cause disputes in the future if one of the parties does not carry out their duties, as in British Steel Corporation v. Cleveland Bridge Engineering Co. Ltd (1981). Owen ( 1998, pg50) writes that â€Å"all simple contracts must have consideration given by each party to the other as the price of each other’s promises. It may take the form of money, goods, services, promises not to sue etc. † For example party A must receive something from party B, in return for party A providing something to party B. However McKendrick (2007, pg88) states that â€Å"consideration must be sufficient but does not need to be adequate†, meaning for example something must be offered to the other party in return to satisfy the rules of consideration, but does not need to be of an equal value as shown in the cases Chappell Co Ltd v Nestle Co Ltd [1960] and Thomas v Thomas [1842]. Consideration given also cannot be past, stated by Owen ( ) in that â€Å"you cannot make a contract in which one person promises to do something for another in exchange for a consideration which has already been performed†. This is clear in the cases of Lampleigh v Brathwait [1615] and Roscorla v Thomas [1842]. Consideration is of huge importance in the construction industry, as Adriaanse writes this is due to â€Å"a number of factors such as the length of the contractual chain stretching beyond the parties to their subcontractors and suppliers, as well as the system of competitive bidding meaning one party may under-price the cost of the work, raising the possibility that one party may wish to renegotiate the agreement†. You read "Contract Formation" in category "Essay examples" This can lead to the question of whether consideration was given when the contract was formed and whether the party is legally entitled to expect renegotiation to occur. However even when consideration has been given by parties and agreement reached this does not mean there is an enforceable contract in place. For a contract to be valid there must also be present the intention of all parties to enter legal relations with one another. Galbraith (1998, pg91) explains there are two categories, â€Å"commercial arrangements where the parties are presumed to have intended to create a contract, and family, domestic and social arrangements where they are presumed to have not†. In the field of construction only the former is relevant, where the courts would initially look at a case between the parties and presume an intention to enter a contract exists. Conflict can occur when one of the parties seeks to rebut the presumption, in which the party will need to show evidence no contract was intended. An example of such a rebuttal is the case of Rose and Frank Co. v. Compton Bros where it was indicated the written document drawn up was merely a ‘gentleman’s agreement’ and not a legally binding contract (Galbraith, 1998, pg92). The legal capacity of the parties to enter into a binding agreement also must be present. Minors under the age of 18, and the mentally incapacitated are not able to enter into contracts to protect them from their own inability or inexperience (McKendrick, 2007, pg348). Companies are deemed to have full capacity to enter into legal contracts and are not restricted in any way. In conclusion, in order for the formation of a legally binding contract to occur there must be an offer from a party which is followed by acceptance from another party. Certainty must exist within the terms of the agreement, and due consideration must be given by both parties for the price of the promises received. The intentions of all parties to enter into legal relations must be present, as well as the capacity to qualify as valid party to the agreement. Part B a. ) When determining if there is a legal contract agreed between two parties there needs to be examination of whether the key elements of contract formation have been satisfied. In the case of Caroline v. A. W Electrical, the question is if at any point an offer was accepted and therefore a contract agreed between the two parties on the terms given. When A. W Electrical placed the advertisement in the newspaper for the ZR250 Smart Television at ? 80 via mail order, this is a clear invitation to treat and should not be classed as an offer. As discussed in part A, an invitation to treat is where a party will indicate they wish to enter into negotiations which may lead to receiving an offer and an agreement if they choose to accept. Advertisements are a prime example of an invitation to treat as they are an indication of what goods or s ervices that party may be willing to negotiate over, with the price of ? 480 an estimate to invite offers. Subsequently when Caroline saw the advertisement and sent in a cheque for the ? 80, this equates to an offer being made to A. W Electrical. As Galbraith (1998, pg79) states â€Å"an offer exists when one party effectively declares his/(her) readiness to be bound by a set of terms without any further negotiation†. Caroline has effectively done this by sending the cheque for the amount on the advertisement, the terms being if she gives ? 480, A. W Electrical will send the item without any further negotiation if they accept Caroline’s offer. Due to the nature of the terms, A. W Electrical will be judged to have accepted if they go ahead and send Caroline the ZR250 Smart Television. As explained in part A above, there needs to be communication of a clear and firm acceptance to be bound by these terms given back to the offeror. This will be deemed to be communicating via accepting by conduct, in which their actions equates to acceptance of the terms. However instead of sending Caroline the ZR250 model, A. W Electrical sent a ZR200 and a letter the following day with a cheque for ? 80 explaining the ZR250 was not available and unless Caroline returned the item within two weeks they would assume she was satisfied with the deal. A. W Electrical have not accepted Caroline’s offer, but introduced a counter offer which is binding to their terms and not Caroline’s. As explained by McKendrick (2007, pg43) â€Å"a purported acceptance which does not accept all the terms and conditions proposed by the offeror but which in fact introduces new terms is not acceptance but a counter-offer, which is then treated as a new offer which is capable of acceptance or rejection†. Due to not being able to reply as she was departing on a two week holiday, upon her return Caroline returned the item with a note explaining it was not what she ordered, however A. W Electrical refused to accept the item or provide any further refund as she had not returned the item within two weeks. This raises the question whether Caroline did actually accept the offer by not returning the item within two weeks. For this to be enforceable, the law of contract needs to govern that acceptance by silence is a valid form of coming to agreement. Galbraith states (1998, pg82) â€Å"the rule that acceptance must be communicated means that silence cannot usually amount to acceptance† This may mean that in the context of this case, Caroline did not accept the offer made by A. W Electrical and therefore is not bound by the terms. However, full clarity on the matter can be taken from a case law example of Felthouse v. Bindley [1862], where it was judged accepting by silence cannot equal a clear communication of acceptance, unless it is totally clear the offeree intended to do so. In Caroline’s case, it is most definitely not clear she wished to accept, due to A. W Electrical not providing the item she requested on the terms given in her original offer. Therefore, there was no contract formed between the two parties as at no point an offer was accepted, rendering the contract void and no terms binding on either party. . ) If however we were to assume a contract was formed between Caroline and A. W Electrical at the point the two week period elapsed, there would be terms binding and these can be separated into two types, express terms and implied terms. McKendrick (2007, pg184) explains that â€Å"express terms are the terms agreed specifically by the contracting parties and implied terms are those not s pecifically agreed but which are implied into the contract by the courts or by Parliament†. The express terms of Caroline’s contract included the price being ? 00 for a ZR200 television given that she sent a cheque initially for ? 480 with an ? 80 cheque sent to Caroline with the item, and that A. W Electrical reserve the right to repair or replace the goods at its discretion if any dispute over the quality of goods were to arise. The implied terms of the contract will include elements of the Sale of Goods Act 1979, which will enforce A. W Electrical to adhere to certain conditions relating to the quality of goods and defects, and the description of the goods sold. S. 4(2) of the Act states there is an implied condition that goods supplied under the contract are of satisfactory quality. This is clearly contradicting the express term made by A. W Electrical regarding the right to repair or replace the goods, however in order to protect consumers rights the Unfair Contrac t Terms Act 1977 means that implied terms cannot be excluded in contracts with consumers (McKendrick, 2007, pg205). Therefore the express term is not valid in the contract, and A. W Electrical have broken this implied term by stating this. Furthermore the Sale of Goods Act 1979 s. 13(1) states an implied condition that goods sold by description shall correspond with the description. The advertisement was for a ‘smart’ television however the item provided to Caroline did not possess any ‘smart’ features, therefore this term has been broken due to the item not matching the description advertised. In relation to the right to return the item, when Caroline sent this back to A. W Electrical they refused to accept stating the two week period has passed. We are assuming the contract came in effect and was accepted by Caroline’s silence at the end of this period however the Consumer Protection (Distance Selling) Regulations 2000 s. 10 and s. 11(1-2) explains she has the right to a seven day cancellation period starting from the date the contract was concluded, expiring seven days later. This is another implied term of the contract A. W Electrical have broken in refusing to accept the returned goods. c. ) There are remedies available to Caroline in order to resolve the fact A. W Electrical have broken the terms of the contract. The main issue to her is she is not able to return the television either in exchange for the model she asked for, or for a full refund. This breach of contract is likely to be classed as a breach of warranty, where a warranty is a term in the agreement not fundamental to its existence and therefore the contract cannot simply be terminated due to the breach. However Caroline could recruit the services of a lawyer or solicitor to take legal action against A. W Electrical in the form of a specific performance order, which will require A. W Electrical to perform their primary obligations under the contract (McKendrick, 2007, pg451). This would enforce the implied term from the Consumer Protection (Distance Selling) Regulations 2000. Caroline could also contact the Office of Fair Trading to make a complaint, which could lead to an application to the courts for an injunction against A. W Electrical, ultimately resulting in the same effect of enforcing the contract (Office of Fair Trading, 2012). Bibliography Reference list Adriaanse, J. (2010). Construction Contract Law (3rd ed. Basingstoke: Palgrave Macmillan. Davenport, A. , Galbraith, A,. Stockdale, M. , Wilson, S. (1998). Galbraith’s Building Land Management Law For Students (4th ed. ) Oxford : Butterworth-Heinemann 1998. McKendrick, E. (2007). Contract Law (7th ed. ) Basingstoke : Palgrave Macmillan 2007. Office of Fair Trading. (2012). Relevant Legislation – The Office of Fair Trading. Retrieved 28 November 2012, from http://www. oft. gov. uk/about- the-oft/legal-powers/legal/#. ULY4v8UTDwM. Owen, S. (1998). Law For The Construction Industry (2nd ed. ) Harlow : Longman 1998. Cases Gibson v. Manchester City Council [1978]. Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953]. Butler Machine Tool Ltd v Ex-Cell-O Corp [1979]. Scammell v Ousten [1941]. British Steel Corporation v. Cleveland Bridge Engineering Co. Ltd (1981). Chappell Co Ltd v Nestle Co Ltd [1960]. Thomas v Thomas [1842]. Lampleigh v Brathwait [1615]. Roscorla v Thomas [1842]. Rose and Frank Co. v. Compton Bros [1925]. Felthouse v. Bindley [1862]. Statutes Sale of Goods Act 1979 Unfair Contract Terms Act 1977 Consumer Protection (Distance Selling) Regulations 2000 How to cite Contract Formation, Essay examples

Denny Will Pass free essay sample

What are some of the general challenges of starting new business in another country? What specific challenges did Copy General face in Eastern and Central Europe? Starting a new business from another country will have some general Challenges faced as follows: 1. Language barriers 2. Cultural diversity 3. Ethical problems and concerns 4. Political and economical conditions 5. Methods of doing business 6. Strategy formulation and implementation 7. Labor relation and industrial democracy 8. Adaptations to new trend and technologyCopy General also faced some specific challenges in Eastern and Central Europe. 1. Language difference will make serious problems during communications. 2. As Budapest was new place for them, they faced difficulties in choosing location for their business. 3. Accommodation problem for the employees of Copy General 4. Distrust of banks towards new business 5. Difficulty in searching for supplier 2. How important was Paul Panitz’s vision to the decision to go into Hungary? How would you characterize his leadership and management style and his commitment to ? doing well by doing good’?The Hungarian Erno Duda was a much concerned only of his country and culture but the US. We will write a custom essay sample on Denny Will Pass or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Ken Chaletsky was not helpful about the business ideas of  Paul. But as a good friend of his, he signed on to with him. 4. What lessons (if any) can you derive from Copy General’s successful experience in Eastern Europe and beyond? From Copy general’s successful experience in Eastern Europe and beyond, we can derive that To gain success in international business, administrator must have knowledge about host country, strong leadership, analytical ability, forecasting power and mentality to face hard challenges.