Theoretical Framework for Research Study

Theoretical Framework for Research Study Chapter 3 Research Methodology 3.0 Overview As chapter 1 had discussed about the introduction to the research and chapter 2 had provided an insight into the literature review, chapter 3 would be focusing on the research methodology that would be carried out during the course of the research. In essence, it is the foundation of how data would be collected and analyzed. Chapter 3 would begin by discussing on the theoretical framework designed specifically for this paper, encompassing and providing an overview and relationships of all the variables present in this research. From then on, 3.2 would discuss about the different forms of hypotheses development and the chosen method for the researchers hypotheses. Proceeding through, 3.3 would discuss about the sampling design, or in other words, how the researcher intends to represent the target population. This section also gives detailed steps on the researchers planned implementation of a pilot test, the sampling design method used and the sampling procedures that would be initiated. Section 3.4 would then touch base on the data collection methods that would be used by the researcher, both secondary and primary sources. The data analysis section would be under 3.5, where techniques regarding the methods of data analysis and hypotheses testing would be discussed. Chapter 3 would then conclude with a chapter summary at 3.6. 3.1 Theoretical Framework The theoretical framework has been created to be a â€Å"conceptual framework of how one theorizes or makes logical sense of the relationships among the factors that have been identified as important to the problem† (Sekaran, 2003). It is developed to have an insight into the inter-relationships among the variables that exist in this research. Throughout this research, there are three set of variables have been identified to be of utmost importance to the researcher and can be categorized as the dependent and independent, and moderating variable. The dependent variable is the variable of primary interest to the researcher, in order to predict its variability. This variable is often known as the outcome variable. In this research, the dependent variable refers to the purchase of luxury goods by Generation Y. The independent variables on the other hand, are the factors that influence the dependent variable in a positive or negative way or in this context, the factors that influence the purchase of luxury goods. Figure 3.1 provides an insight into the relationship between both set of variables. 3.2 Hypotheses Development A hypothesis can be defined as â€Å"a supposition made on the basis of limited evidence as a starting point for further investigation† (www.askoxford.com). Generally, reference group influence is a group of people influences the individuals behaviour. They give the information and provide the awareness to specific brands or products. The reference groups influence can be affected through peer, families, celebrities and others are the key that etermine the purchase decision of Generation Y. â€Å"People tend to behave in accordance with a frame of reference produced by the groups to which they belong† (Bearden and Etzel 1982). Therefore, this study believes that the association exits between reference groups influence and purchase of luxury goods. To empirically proven this association, the first hypothesis of this study is formed as followed: H1: There is a significant relationship between reference groups influence and purchase of luxury goods. The conspicuous consumption is used to display wealth, power and status. Veblenian consumers attach a greater importance to price as an indicator of prestige because they wan to impress others. Price of the products determine the quality of the products which used by the consumers to judge the products. The researches show that â€Å"conspicuousness of a product was positively related to its susceptibility to reference group influence† (Vigneron and Johnson, 1999). Besides that, identity or self concept also has been display from the consumers to show the status and wealth. The conspicuous consumption had dominated in numerous researches, and it can be stated that conspicuous is important to be identify as perceived value (Vigneron and Johnson, 1999). Thus, the following hypothesis is formed for the association between perceived conspicuous vale and purchase of luxury goods. H2: There is a significant relationship between perceived conspicuous value and purchase of luxury goods. The perfectionist effect exists when â€Å"consumers purchase luxury items and expects superior products and performance as well as quality† (Vigneron and Johnson, 1999). The research conducted by Barnier, Rodina, Florence (2005) found that quality is the main criteria lead to luxury purchase. According to Luong Thi Bich Thuy (2008), â€Å"the consumers quality perception would play a positive role over his or her perception of prestige over the same brand if the consumer perceived the brand as having an excellent level of quality†. Thus, the following hypothesis is formed for the association between perceived quality vale and purchase of luxury goods. H3: There is a significant relationship between perceived quality value and purchase of luxury goods. Brand image can be defines as â€Å"perceptions about a brand as reflected by the brand associations held in consumer memory† (Keller, 1993; Cheng, 2006; Rio, Varques, Iglesias, 2001). It influences consumer perception and crucial to purchase choice. Consumers able to evaluate the products, lower the purchase risk, obtain experience and recognize the product differentiation through brand image. According to Grewal, Krishnan, Baker, and Borin (1998), â€Å"the better a brand image is, the more recognition consumers give to its product quality†. Thus, the fourth hypothesis of study is as follow: H4: There is a significant relationship between brand image and purchase of luxury goods. Aesthetics have strong influence on purchase of luxury good and it should always be the case according to Dubois, Laurent, Czellar (2001). Aesthetics reflects a sensory response in an audience such as satisfaction, pleasure or affect. â€Å"The aesthetics dimension is composed of design, colour and style that create beauty, they are of primary importance† (Barnier, Rodina, Florence, 2005). The research also proved that French, Russian and UK consumers have a hedonic approach for luxury derived from aesthetics which Aesthetics dimension in France earned the highest position, 29%, in comparison to Russia, 19% and the UK, 15%. Hence, the fifth hypothesis is formed for the association between aesthetics and purchase of luxury goods. H5: There is a significant relationship between aesthetics and purchase of luxury goods. 3.3 Population and Sampling 3.3.1 Population â€Å"Population can be defined as total number of inhabitants constituting a particular race, class, or group in a specified area.† (http://www.answers.com/topic/population, no date). With reference to the topic at hand, the researcher has set that the target population for this research would be the Generation Y in Malaysia. Even the generation Y has been defined as born in between 1977 and 1994 by Horovitz (2002) and Sriviroj 2007, the study would survey specifically generation Y who are aged between 20 and 29 which focus on the college students, university students and young working adults. 3.3.2 Pilot Test for Questionnaire â€Å"Pilot test is a smaller version of a larger study that is conducted to prepare for that study to ensure that the ideas or methods behind a research idea are sound, as well as to â€Å"work out the kinks† in a study protocol before launching a larger study.† (http://ms.about.com/od/newsresearch/g/pilot_study.htm, no date). In this research, the researcher intends to conduct a pilot study containing 10 questionnaires to university students in Multimedia University Melaka in order to justify the content and reliability of the questionnaire. This is done as the researcher feels that the students in the University campus serve as a just representation of the intended target population. The feedback from the respondents will be corrected before distributing to the targeted respondent. 3.3.3 Sampling Design Method A sample of the population can be drawn from one of two ways, either in the form of probability sampling or non probability sampling. Sekaran (2003) described that â€Å"when elements in a population have a known chance of being chosen as subjects in the sample, we resort to probability sampling design†. There are several forms of probability sampling. The first is simple random sampling which also known as unrestricted sampling. In a simple random sample (SRS) of a given size, all such subsets of the frame are given an equal probability. Each element of the frame thus has an equal probability of selection. Simple random sampling is also known as unrestricted sampling. The other form is known as restricted or complex probability sampling. â€Å"The main difference between the two is that efficiency is improved in that more information can be obtained for a given sample size using some of the complex probability sampling procedures† (Sekaran, 2003). Example of this form of sampling is the stratified random sampling method where the population is divided into subgroups and subsequently sub samples. On the flipside, Sekaran (2003) stated that non probability sampling designs are those where â€Å"elements in the population do not have any probabilities attached to being chosen as sample subjects†. One popular mode in this kind on sampling is the convenience or accidental sampling method. It is one â€Å"that is simply available to the researcher by virtue of its accessibility† (Bryman and Bell, 2003). The selection of units from the population is based on easy availability and/or accessibility in convenience sampling. The researcher intended to proceed with the convenience sampling method based on two reasons. First of all, the data can be collected easily which is the main advantage and another advantage is that it is much cheaper to implement than probability sampling (Jankowicz, 2005). 3.3.4 Sample Size The question of how many people should be in ones sample depends on the form of sampling adopted. â€Å"Convenience sampling, sometimes called grab or opportunity sampling, is the method of choosing items arbitrarily and in an unstructured manner from the frame†. (www.wikipedia.com, no date). A total of 200 Generation Y would be surveyed in Malaysia. 3.3.5 Sampling Procedure The sampling procedure would start once the feedback from the pilot study and the questionnaires for the survey is finalized. The questionnaires would be by printed handouts of by the researcher to the general public who fall under the age range of 20 to 29 years of age. This would typically be done in the State of Melaka, Kuala Lumpur and Pulau Pinang. A total of 500 printed questionnaires would be given out in the process. 3.4 Data Collection method 3.4.1 Secondary Data Through this research, secondary data is collected from mainly journals especially in those area concerning consumer behavior and luxury goods, informational website, articles, and books. Previous researches from a variety of authors were found from databases that include Emerald, Google Scholar and others. These sources of data provided useful background information on the luxury goods market, as well as indicating investigations that had already been taken place. 3.4.2 Primary Data Sakaran (2003) stated â€Å"data gathered for research from the actual site of occurrence of events are called primary data†. The questionnaire will be used as the primary method to collect primary data on the factors that influence Generation Y on purchase of luxury goods. 3.5 Data Analysis There are 3 objectives in the usage of data analysis. â€Å"Getting a feel for the data, testing the goodness of the data and testing the hypotheses developed for the research† (Sekaran, 2003). The first objective of getting a feel for the data is to get an idea of how the respondents reacted to the questionnaires and how they are answered. The second objective of testing the goodness of the data is to test the reliability of the data gathered. Lastly, is to test the hypotheses of the research with various research tools. 3.5.1 Descriptive Analysis Descriptive analysis will be conducted to examine the background of the respondent and the pattern of their responses. Frequency analysis will be carried out to study the background of the respondents that contribute in this study. The mean, range, standard deviation and variance would also be calculated using the Statistical Package for Social Science (SPSS) to show the variability of the data and gauge the pattern of the questions answered. 3.5.2 Hypotheses Testing After the data is ready to be analyzed, the testing of the hypotheses would be the next logical step. There are many frequent hypothesis testing modules used by researchers to test their hypotheses. The researcher has decided to use the ANOVA, Pearson correlation, and Reliability Analysis for this research. 3.6 Chapter Summary In this study, the framework has been developed to meet the objectives of the study. Hypotheses have been developed from the framework and questionnaire has been designed to collect the primary data for the study. Next, the sampling design and methods to obtain data were considered and discussed for this study. The results of the primary data will be analyzed by using SPSS. Results of the analysis and interpretation of the results are presented in the next chapter.

How successful was Lord Liverpool’s government Essay

How successful was Lord Liverpool’s government in responding to Popular Discontent in the years 1815 to 1820? Lord Liverpool’s government faced popular discontent in the years 1815 to 1820 due to various social, political and economic factors which led to the majority of the British Public wanting a change. A change in government, government policies and a change to overcome the mass unemployment they were suffering from as a direct result of the end of the Napoleonic War, industrialisation and urbanisation. However, despite the widely held view that amendments – in favour of the working class – were needed, no such change came about in the years 1815 to 1820. Lord Liverpool’s government was partly responsible for this as it introduced a number of repressive policies to prevent the people from revolting; however it is argued that the main reason for the lack of change was due to the disorganisation of the radical opposition. At the end of the Napoleonic War, Britain began trading with Europe once again. This worried the farmers who were afraid that the importation of foreign corn would lower prices. As a result, the British landowners put pressure on the House of Commons to take action and protect their profit and were successful, resulting in the Corn Law being introduced. This applied a tax to all foreign wheat imports unless they reached the domestic price of 80 shillings and was viewed by the industrial class as a way in which the government was protecting the rich landowners – and paying no regard to the working, industrial class majority. The introduction of this law made things incredibly hard for the poor who were already struggling to feed their families and suffering from unemployment, furthermore manufacturers were affected by this law as their workers began demanding higher wages. As well as strikes, the Corn Law led to food riots all over Britain and was the reason many middle class moderate reformers began joining in to the call for change. Therefore it can be viewed as one of the reasons Lord Liverpool’s government was unsuccessful in dealing with popular discontent as rather than introducing reforms in favour of the radicals, it did the opposite and intensified their outcry for change. The Corn Law was followed by the abolition of income tax in 1816 to protect the wages of the landowners once again. As a result, indirect taxes were added to everyday items such as tea, sugar, tobacco, beer and salt. The abolition of Income Tax was a tax which benefited the rich more than the poor, however the indirect added taxes harmed the poor more than the rich, as they were victims of unemployment and low wages. This therefore created further popular discontent and was once again viewed as another policy to favour the rich, landowning class and is hence seen as a reason the government was unsuccessful in dealing with popular discontent. Having said that, from 1817 to 1820 various repressive measures were introduced to control popular discontent and ensure that the government of Lord Liverpool was not overthrown. The first of these was the suspension of the Habeas Corpus act; this meant that the government could hold political prisoners for an indefinite period of time and therefore intimidated people from opposing Liverpool and his government. Despite this act creating internal popular discontent it was successful as people were now angered by the government – arguably even more so than before – however were too intimidated by the idea of transportation or being arrested for an indefinite period of time to react in protest. Furthermore, in 1819 the Six Acts were introduced. The first of these gave local magistrates extensive powers to restrict public meetings and therefore prevented people from planning any forms of riot or protest. The Seizure of Arms Act gave local magistrates the right to search for and seize arms, making it virtually impossible for the radicals to up rise using violent methods. The Blasphemous and Seditious Libels Act prevented the opposition to generate support through propaganda and raising awareness, as any publications unapproved by local magistrates could be seized. The fifth of the six acts introduced a four pence stamp duty on newspapers to ensure that the price of the radical newspapers was beyond the means of most members of the working class, this further prevented support through propaganda. And finally the Misdemeanours Act sped up procedures for bringing treason to trial, its impact led to people being too afraid to protest in fear of being arrested and even transported. As mentioned above, these repressive policies made it practically impossible for the radicals to organise a mass uprising to overthrow the unjust government of Lord Liverpool as doing so required authorisation from their local magistrates – authorisation they obviously would not be granted. Therefore this is an example of how Lord Liverpool’s government was successful in dealing with popular discontent as instead of abolishing it by giving in, it was dealt with through prevention policies. However, despite these wonderful repressive policies introduced by his government to prevent popular discontent, it must be noted that this cannot be solely credited to Lord Liverpool. The radical opposition was far from organised, and was divided into groups consisting of people who advocated violence like the Spenceans in the Cato Street Conspiracy of 1820, and other non violent groups. This division weakened the development of a united working class response and gave the impression of protestors who were hopeful – but by no means forceful – for change. Furthermore, the radicals were not well equipped with weapons and perhaps this can be credited to the Six Acts, however even if the Seizure of Arms Act had not been introduced, the working class radicals would most likely not have had the means to acquire sophisticated forms of weaponry. Therefore it can be concluded that the government of Lord Liverpool’s reactionary acts played an important role in preventing popular discontent as despite being harsh enough to provoke opposition, were repressive enough to prevent it taking place. However, in my opinion, the lack of change in favour of the working class was far more due to a failure on their part, than a success for the government of Lord Liverpool.

The Means of Acceptance in Contract Law - Free Essay Example

Sample details Pages: 10 Words: 3138 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Level High school Did you like this example? THE MEANS OF ACCEPTANCE Acceptance is the second stage of discovering whether an agreement has been reached under classical contract theory is to look for an acceptance which matches the offer that has been made. No particular formula is required for a valid acceptance. As has been explained above, an offer must be in a form whereby a simple assent to it is suf ¬Ãƒâ€šÃ‚ cient to lead to a contract being formed. Don’t waste time! Our writers will create an original "The Means of Acceptance in Contract Law" essay for you Create order It is in many cases, therefore, enough for an acceptance to take the form of the person to whom the offer has been made simply saying à ¢Ã¢â€š ¬Ã‹Å"yes, I agreeà ¢Ã¢â€š ¬Ã¢â€ž ¢. In some situations, however, particularly where there is a course of negotiations between the parties, it may become more dif ¬Ãƒâ€šÃ‚ cult to determine precisely the point when the parties have exchanged a matching offer and acceptance. Unless they do match exactly, so the classical theory requires, there can be no contract. An à ¢Ã¢â€š ¬Ã‹Å"offerà ¢Ã¢â€š ¬Ã¢â€ž ¢ and an à ¢Ã¢â€š ¬Ã‹Å"acceptanceà ¢Ã¢â€š ¬Ã¢â€ž ¢ must fit t together like two pieces of a jigsaw puzzle. If they are not the same, they will not slot together, and the picture will be incomplete. At times, as we shall see, the English courts have adopted a somewhat  ¬Ãƒ ¢Ã¢â€š ¬Ã… ¡exible approach to the need for a precise equivalence. Nevertheless, once it is decided that there is a match, it is as if the two pi eces of the jigsaw had been previously treated with à ¢Ã¢â€š ¬Ã‹Å"superglueà ¢Ã¢â€š ¬Ã¢â€ž ¢, for once in position it will be very hard, if not impossible, to pull them apart. The acceptance can be in many circumstance in order to communicate the acceptance of offer. First is acceptance by conduct which usually in unilateral contract, the acceptance will always be by conduct. This issue was considered in Brogden v Metropolitan Railway where the plaintiffs sent the defendants a draft agreement for the supply of a certain quantity of coal per week from 1 January 1872, at  £1 per ton. The defendants completed the draft by adding the name of an arbitrator, signed it and returned it to the plaintiffs. This constituted an offer. The plaintiffsà ¢Ã¢â€š ¬Ã¢â€ž ¢ manager, however, simply put the signed agreement into a drawer. There was no communication of acceptance by the plaintiffs. Coal was ordered and delivered on the terms speci ¬Ãƒâ€šÃ‚ ed in the contract for a period of time, until there was a dispute between the parties. The defendants then argued that there was no contract, because the plaintiffs had never accepted their offer, as contained in the signed agreement. The House of Lords con ¬Ãƒâ€šÃ‚ rmed that it was not enough that the plaintiffs should have decided to accept there had to be some external manifestation of acceptance. In this case, however, that was supplied by the fact that the plaintiffs had placed orders on the basis of the agreement. The defendants should therefore be taken to be bound by its terms.[1] Next is acceptance by silence which can be proven in the case Felthouse v Bindley (1862) where the uncle was negotiating to buy a horse from his nephew. The uncle wrote to his nephew offering a particular sum and saying à ¢Ã¢â€š ¬Ã‹Å"If I hear no more about him, I consider the horse mineà ¢Ã¢â€š ¬Ã¢â€ž ¢. The nephew did not respond, but told an auctioneer to remove this horse from a forthcoming auction. The auctioneer omitted to do so, and the horse was sold to a third party. The uncle sued the auctioneer, and the question arose as to whether the uncle had made a binding contract for the purchase of the horse. There was no contract, because the nephew had never communicated. The case was held that his intention to accept his uncleà ¢Ã¢â€š ¬Ã¢â€ž ¢s offer. It is true that he had taken an action (removing the horse from the auction) which objectively could be taken to have indicated his intention to accept, but because his uncle knew nothing of this at the time, it was not effective to complete the contract[2]. Lastly is the acceptance by post which I will explain in detail the reason by the court for the postal acceptance rule and in what circumstances will be postal acceptance not operate. I will also include the relevant case study in this section. INTRODUCTION OF POSTAL RULE A requirement of communication will not, however, answer all problems. In the modern world communica tion can take many forms such as face-to-face conversations, telephone, letters, faxes, or email. In some of these, there will be a delay between the sending of an acceptance and its coming to the attention of the offeror. The law of contract has to have rules, therefore, to make clear what is meant by à ¢Ã¢â€š ¬Ã‹Å"communicationà ¢Ã¢â€š ¬Ã¢â€ž ¢. The simplest rule would be to say that no communication is effective until it is received and understood by the person to whom it is addressed. This is, in effect, the rule that applies to offers, though, as we shall see, there are some cases which suggest that it may be possible to accept an offer of which you are unaware. These cases are of dubious authority, however, and can only possibly apply in very restricted circumstances. In any case, they simply suggest that in some situations, communication of an offer may not be necessary. Where communication of the offer is required, which is the case in virtually all situations, it is sa fe to say that communication means that the person to whom the offer is addressed is aware of it. Why should the position be any different as regards acceptances? The problem  ¬Ãƒâ€šÃ‚ rst arose in relation to the post, where the delay is likely to be longest. Generally speaking, there will be a delay of at least 12 to 18 hours between the sending of an acceptance by post, and its receipt by the addressee. According to the Enfores v Miles Far East Corporation (1955) case, it state that long-understood need for acceptance to be communicated, what constitutes effective communication can be debatable. Here is the fact of the Enfores v Miles Far East Corporation case. Enfores sent a telex massage from England offering to purchase 100 tons of Cathodes from the Miles Far East Corporation in London. The offer was accept by the Dutch agent. Communication took place when a clerk type a massage that was at the same time and automatically printed by the recipientà ¢Ã¢â€š ¬Ã¢â€ž ¢s machine. Enfores argued that the contract was complete when the offeror received the telex massage of acceptance in England. But Miles Far East said that the contract was finish when acceptance massage was sent in the Holland. The court held that the contract was made in England because to amount to an effective acceptance the acceptance needed to be communicated to the offeree. WHAT IS DECISION IN ADAM V LINDSELL (1818) In the case Adam Lindsell (1818) the defendants sent a letter to the plaintiffs offering wool for sale, and he asking for a reply à ¢Ã¢â€š ¬Ã‹Å"in course of postà ¢Ã¢â€š ¬Ã¢â€ž ¢. The letter was misdirected by the defendants, and arrived later than would normally have been the case. The plaintiffs replied at once accepting, but the defendants, having decided that because of the delay the plaintiffs were not going to accept, had already sold the wool elsewhere. The plaintiffs sued for breach of contract. The court decided that to require a posted acceptance t o arrive at its. The court held that destination before it could be effective would be impractical and in ef ¬Ãƒâ€šÃ‚ cient. The acceptor would not be able to take any action on the contract until it had been con ¬Ãƒâ€šÃ‚ rmed that the acceptance had arrived. The court felt that this might result in each side waiting for con ¬Ãƒâ€šÃ‚ rmation of receipt of the last communicational in ¬Ãƒâ€šÃ‚ nitum. This would not promote business ef ¬Ãƒâ€šÃ‚ cacy. It would be much better if, as soon as the letter was posted, the acceptor could proceed on the basis that a contract had been made, and take action accordingly. The plaintiffs therefore succeeded, the defendants were in breach of contract. The court, in coming to this conclusion, was thus giving priority to the practicalities of doing business over the question of whether, at the time the contract was formed, the parties were in agreement. It was quite possible that by the time the letter of acce ptance was posted, the offeror had had a change of mind and sent a withdrawal of the offer, or made a contract with someone else. Nevertheless, because in the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s view the conduct of business would in general be better served by giving the offeree certainty in this situation, the postal rule was established[3] The reason that have been given by court for the Postal rule is, an exception to the general rule citing that an acceptance is only create when communicated directly to the offeror. The posting regulation stated, by contrast, that acceptance takes effect when a letter is posted. It also state that if an offer are made by post, then the acceptance are made during the time of post. While the decision in the Henthorn v Fraser (1892) is it was held to be reasonable to post acceptance in response to an oral offer because the parties lived some distance away from each other[4]. This is the brief about the case that I understand which is on 7th July Henthor n from Birkenhead, called office of land society in Liverpool. Henthorn negotiated to buy some houses belonging to the land society. Secretary agreed to sell to him, giving him an option of purchase for 14 days at  £750. After that, on 8th July Morning, Another person called, offered  £760 for the property, offer accepted. At 12-1 pm, Secretary withdrawed the offer made to Henthorn. 3.50pm, Claimant delivered letter accepting the offer, but letter arrived at 8.30 pm, after the office was closed. At 5pm, Withdrawal offer arrived at Birkenhead. Secretary opened the letter on the next morning. Claimant sued for specific performance. The court held the case for specific performance granted, Postal Rule applies as acceptance occurred before. Defendant was told to sell the land. In conclusion, the offeree in Henthorn, on the other hand, certainly knew of the offerorà ¢Ã¢â€š ¬Ã¢â€ž ¢s promise to give him an option à ¢Ã¢â€š ¬Ã…“for fourteen daysà ¢Ã¢â€š ¬Ã‚  and qu ite possibly relied on it. Arguably, therefore, the à ¢Ã¢â€š ¬Ã…“mailboxà ¢Ã¢â€š ¬Ã‚  rule should work in favor of offerees but not against them. But this might allow offerees to speculate at the offerorà ¢Ã¢â€š ¬Ã¢â€ž ¢s expense, using the telephone or telegraph to overtake a letter of acceptance in transit when the market shifts[5] EXCEPTION TO THE POSTAL RULE Here is some cases that exception to the postal rule. First is Quenerduaine v Cole (1883) which is the defendant made an offer by telegram where the plaintiff be told to accept by letter. The court said that an offer which are made by telegram, shows that the quick acceptance are required so that the postal rule was not applied. Second in the Household Fire and Carriage Accident Insurance Company v Grant which Grant offer to buy the shares from Household Fire and Carriage Accident Insurance Company. Then the company accept Grant offer and allotted the shares to him. Later, the latter of allotment was sent to h im to the address that he give. The latter never reached to him until a month later then he received the letter that ask him for a payment of a partly paid and demand by the company for Grant to pay the next instalment due on shares. So that the court conclude that Grant does not receive his allotment later. This is means in practice a contract complete upon the acceptance of an offer being posted, but liable to be put an end to by an accident in the post, would be more mischievous than a contract only binding upon the parties to it upon the acceptance actually reaching the offerer. Third in Yates Building Co. Ltd v. Pulleyn Son (York) Ltd (1975) case which they make a states that any requirements about the method of acceptance must be clearly stated to be valid. In this case, Pulleyn give Yates to buy a building land. The option hereby granted shall be exercisable by notice in writing given by or on behalf of Yates to Pulleyns or to Pulleyns solicitors at any time between April 6 1973 and May 6 1973 such notice to be sent by registered or recorded delivery post to the registered office of Pulleyns or the offices of their said solicitors. On Monday April 30 1973 Yatess solicitors posted a letter to Pulleyns solicitors to formally exercise the option; they enclosed a cheque for  £1,890 for the deposit. The letter was sent by ordinary post and not by registered or recorded delivery post but it arrived well in time. It was opened by Pulleyns solicitors at some time on or before Friday May 4 1973. On that Friday Pulleyns solicitors wrote back to Yatess solicitors returning the cheque for the deposit and said: à ¢Ã¢â€š ¬Ã‹Å"we write to acknowledge receipt today of your letter of April 30 1973 with its enclosure. You will recall that clause 2 of the option agreement provides for notice to be sent by a registered or recorded delivery post. Your letter was not so sent. Yates brought proceedings for specific performance, but the judge refused it. He held that this requirement that the letter had to be sent by registered or recorded delivery post was a requirement which must be complied with, and as it had not been complied with, there was no contract. Yates appealed.[6] Fourth is Tinn v Hoffman (1873) case which means that where a requirement for a certain type of reply has been made, an equally effective mode of communication will also be deemed acceptable provided it is just as quick and does not disadvantage the offeror. An offer by e-mail could therefore be accepted by telephone[7]. In this case the judge held that an acceptance could be effective even though it departed from the wording of the offer by making express some term which the law would in any case imply. And reply add some new provision by way of indulgence to the offer may be acceptance. Conversely, an acceptance in which acceptor ask for extra time to pay may be effective, so longs as he makes it clear that he is prepared to perform in accordance with the term of the offer event if his request is refused. WHAT DOES PROPERLY POSTED MEANS In the case in Re London and Northern Bank (1900), the letter of acceptance was not properly posted because the letter of acceptance was handed to a postman only authorised to deliver mail and not to collect it. In this case, even though the letter was actually posted, the courts held that handing the letter to a postman was not accepted way of à ¢Ã¢â€š ¬Ã‹Å"postingà ¢Ã¢â€š ¬Ã¢â€ž ¢. They referred to the actual à ¢Ã¢â€š ¬Ã…“Postal Guideà ¢Ã¢â€š ¬Ã‚  which clearly described instructions where postmen were allowed to take letters only from a post box. It is apparent that the courts wanted to prevent the situation where the postal rule would apply to any means of à ¢Ã¢â€š ¬Ã‹Å"postingà ¢Ã¢â€š ¬Ã¢â€ž ¢ or à ¢Ã¢â€š ¬Ã‹Å"sendingà ¢Ã¢â€š ¬Ã¢â€ž ¢ letter and therefore restricted it only to Post Office and its guidelines. It is imperative to remember that the postal rule will also not be applicable where it would cause manifest inconvenience and absurdity. DOES THE POSTAL RULE APPLY TO REVOCATION It is clear from the abovementioned, that the application of the postal rule can have different variations and implications. When considering its function, it is essential to know when an acceptance becomes legally effective and also whether it can be revoked. The à ¢Ã¢â€š ¬Ã‹Å"arguableà ¢Ã¢â€š ¬Ã¢â€ž ¢ point when considering relevance of postal rule in 21st century is that in view of courts, before the acceptance is made the offeror can call the offer off, but once the acceptance has even made this is no longer possible.[8] Fundamentally, the offer may be revoked by the offeror only until that time it is being accepted and furthermore the revocation must be communicated to the offeree otherwise desired revocation will be ineffective. In this case, there are two case that relate with this situation. First is Byrne Co v. Van Tienhoven Co (1880) where Van Tienhoven mailed proposal to sell 1,000 boxes of tin plates to Byrne at fixed price on October 1st. later, Van Tienhoven mailed a revocation of offer on October 8th. But Byrne does not receive the revocation until 20th. In the middle on October 11th Byrne receive the original offers and accepted by telegram and turned around and resold the merchandise to a third party on the 15th. He brought an action for non-performance. However, the courts confirmed the long-standing idea that any revocation of an offer must be communicated to the offeree, although again there are some exceptions to this rule. Next case is Dickinson v. Dodds (1876) case which the revocation can be informed by a reliable third party. This can proved by the situation where the Dodds accepted an offer from a third party to purchase the house. Dodds then asked a friend to tell Dickinson that the offer was withdrawn. On hearing the news, the Dickinson went round to the house first thing Friday morning purporting to accept the offer. He then brought an action seeking specific performance of the contract. In this case the court held that the offer had been effectively revoked. Therefore no contract existed between the parties. There was no obligation to keep the offer open until Friday since the claimant had provided no consideration in exchange for the promise. The offeror is free to withdraw the offer at any time before acceptance takes place unless a deposit has been paid[9] CONCLUSION In order to apply the postal rule, both parties need to really understand the condition of their contract. They must aware to the risk that they will faced during the period of affair agreement such as delaying of the letter, the missing of the letter and also misdirect the letter. Not only that, while the posting of the acceptance, they must know at the time they post, the acceptance are made. Moreover, it is evident that the arguments relating to retention or desertion of the general rule are advanced, it is also clear from the aforementioned that in order to provide the valid conclusion the legislators have to consider many aspects of communication that is conducted by electronic means. In addition, it is essential to also asses the rule applicable to revocation of contract as the technology development has changed the way how and when the acceptance takes place and therefore it can be often discriminatory to bind offeror and leave alternatives largely open for the offeree. [1] https://www.scribd.com/doc/90693946/The-Modern-Law-of-Contract-Eighth-Edition [2] https://www.scribd.com/doc/90693946/The-Modern-Law-of-Contract-Eighth-Edition [3] THE MODERN LAWOF CONTRACT, Eighth Edition, Richard Stone Elston, Newark April 2009 [4] https://www.lawteacher.net/contract-law/cases/adams-v-lindsell.php#ixzz2yJ3tw2dg [5] https://lawstudent94.blogspot.com/2012/05/henthorn-v-fraser-1892-mailbox-postal.html [6] https://www.legalmax.info/members2/conbook/yates_bu.htm [7] https://suite.io/zoe-kirk-robinson/3a99230 [8] MacIntyre, 2010: 84 [9] https://www.e-lawresources.co.uk/Dickinson-v-Dodds.php

Oedipus Rex - 900 Words

The philosopher Aristotle wrote his work Poetics as a deconstruction of aesthetics approximately 50 years after the death of Sophocles, the author of Oedipus Rex. Aristotle was a great admirer of the works of Sophocles and is said to have considered Oedipus Rex to be the perfect tragedy and the basis for his thoughts in Poetics. He defines tragedy as, â€Å"an imitation of an action that is serious, complete, and of a certain magnitude; in language embellished with each kind of artistic ornament, the several kinds being found in separate parts of the play; in the form of action, not of narrative; with incidents arousing pity and fear, wherewith to accomplish its catharsis of such emotions†¦Every tragedy, therefore, must have six parts, which†¦show more content†¦In Oedipus Rex some of the key incidents are the receipt of the information from the oracle that Laius’ murderer be found, the argument between Oedipus and Creon, and the story Jocasta tells Oedipus abou t the murder of Laius. This all leads to the metabasis and perpetia, or the shift in the action and recognition, when Oedipus learns that Polybus was not his real father. The climax of Oedipus Rex comes with the stories of the messenger and the herdsman revealing the entire story of how Oedipus ended up in Thebes and how he fulfilled his fate. Aristotle’s next principle is the character, and he tells us the main character should be good, appropriate, consistent, and yet consistently inconsistent. So, very much like a real person that the audience can relate to. There will be a protagonist, the character undergoing the struggle, who is the lead character represented by Oedipus in this play. There is also the antagonist, or the other side of the struggle. This is the bad guy normally, but in Oedipus Rex the thing which Oedipus struggles against is his own fate, making it the antagonist. Oedipus fits Aristotle’s definition of a good protagonist and lead character because he is good but makes mistakes. Throughout the play Oedipus seems to be a good and righteous man who tries to avoid his fate of killing his father and laying with his mother, and is also motivated to save the city where he is King. According to Aristotle there should be someShow MoreRelatedThe Tragedy Of Oedipus Oedipus Rex 928 Words   |  4 Pagesbetween Oedipus’ irrevocable circumstances as well as his flawed character that makes Sophocles’ â€Å"Oedipus Rex† a quintessential example of Greek drama. His circumstances, which are set by the Gods, are profound and beyond anyone’s control; either he must be killed or there will be great consequences. His parent’s rejection of the oracle set by the gods, the degrees of separation from his origin, and his flawed sense of pride is the complexity of the plot as well as what makes Oedipus the complexRead Moreoedipus rex2234 Words   |  9 Pages In Sophocles’ play, Oedipus Rex, there are many themes that are woven through the life of King Oedipus, and revealed through the key points of the plot. One of the most important themes is the inevitability of ones’ fate. Although fate is considered the usual genre of the Greeks in playwriting there, are specifics that Oedipus conducts unusual to our own way of thinking of a king during the Ancient Greek times. For example: Oedipus’s ignorance of believing what is said from his wife, IocasteRead MoreOedipus Rex2527 Words   |  11 PagesEssay on Oedipus Rex 4-3-97 In Sophocles Oedipus Rex, the theme of irony plays an important part through the play. What Oedipus does, what he says, and even who he is can sometimes be ironic. This irony can help us to see the character of Oedipus as truly a blind man, or a wholly public man. A great irony is found in Oedipuss decree condemning the murderer. Oedipus says, To avenge the city and the citys god, / And not as though it were for some distant friend, / But for my own sake, to beRead MoreOedipus Rex By Oedipus The King1206 Words   |  5 PagesOedipus’ evolution throughout the Theban plays is one with fascinating twists and turns. Oedipus’ characterisation evolves and changes as he experiences the fall from being the great ruler of Thebes into a blind beggar who is tortured by what he did. As the stories progress, so does their protagonist to the point where the Oedipus of the second play is a completely different man. In Oedipus Rex, the main character is portrayed as a strong and clever yet arrogant king whose ignorance leads him toRead MoreThe Characterization Of Oedipus Oedipus Rex 1303 Words   |  6 PagesIn Sophocles tragic play, Oedipus Rex, there is often feedback when discussing the characterization of Oedipus. Key issues in this pla y are pointed towards in realm of a tragedy, because Oedipus suffers a few character flaws such as anger, pride and arrogance. Within those flaws, he fails to reflect upon his actions; causing blindness and later, result his honor to be under minded and seen at the forefront of Thebes. What makes this play more on the fringe than other tragic plays are Oedipus’sRead MoreThe Consequences Of Oedipus Rex808 Words   |  4 Pageslittle shrapnel of life that he can. Oedipus from Socrates’ great work Oedipus Rex knows this kind of feeling far too well, having the city of Thebes in which citizens worship him as king have their be under some sort of curse of unknown origin. The curse, sadly, had its origin in Oedipus himself and the parents which abandoned him, causing a string of events which include father murder, incest, self-doubt, suspicion, and a plethora of other events which sends Oedipus’ mind farther and farther down intoRead MoreReview Of Oedipus Rex 1342 Words   |  6 PagesJake Gilman Modern Mythology Period 8 Fusaro Oedipus Rex Reading Questions What appears to be the function of the Chorus? - The chorus in Greek tragedies has a similar function to the narrator in various books and plays. It is an outside source that describes the actions of the characters, as well as their thoughts or feelings. Just like a narrator, the chorus can be used to foreshadow an upcoming event and provide more detail than what is said on stage. However, theRead MoreOedipus The King, Or Oedipus Rex1249 Words   |  5 Pagesmost famous probably being Sophocles’ Oedipus the King, or Oedipus Rex. For a play to be considered a tragedy, it must have a tragic hero. According to Aristotle’s definition of a tragic hero, they must be a decent moral person, of high social standing who eventually meets with a tragic downfall, of their own doing, suffering more than deserved, and realizing their error too late. In the play Oedipus the King, Oedipus is the epitome of a tragic hero. Oedipus Rex was generally a â€Å"good† person; he wasRead MoreOedipus Rex Translations1020 Words   |  5 Pagesversions of Oedipus Rex, the first version translated by Fitts and Fitzgerald, and the second translated by Luci Berowitz and Theodore Brunner, the emotional appeal is quite different due to the different diction of each of the translation versions. The different diction in the two versions seems to give Oedipus two different characters. The diction that the four authors use in their translations of Oedipus Rex is very effective in conveying different emotional feelings about Oedipus and his thoughtsRead MoreOedipus The World Of Oedipus Rex1411 Words   |  6 Pages Oedipus Rex: A Phrase to Describe Oedipus’ World To describe the world of Oedipus Rex I have selected the phrasing; â€Å"false sense of security†. Although it was not the concluding word on my tree, I realized that it was important to describe the play and its world as such. Having a â€Å"false sense of security† could be a feeling that the characters have but it could also be an underlying contribution to the play itself. Think of it as that feeling when the characters on stage assume they are overly