Saturday, January 25, 2020

Hemingways Themes Essay -- Essays Papers

Hemingways Themes â€Å"Hemingway’s greatness is in his short stories, which rival any other master of the form†(Bloom 1). The Old Man and the Sea is the most popular of his later works (1). The themes represented in this book are religion (Gurko 13-14), heroism (Brenner 31-32), and character symbolism (28). These themes combine to create a book that won Hemingway a Pulitzer Prize in 1953 and contributed to his Nobel Prize for literature in 1954 (3). â€Å"Santiago’s ordeal, first in his struggle with the big fish, and then in fighting against the sharks, is associated by Hemingway with Christ’s agony and triumph,† (Bloom 2). When Santiago sees the second and third sharks coming, he shouts â€Å"Ay,† and Hemingway notes: â€Å"There is no translation for this word and perhaps it is just such a noise as a man might make, involuntarily, feeling the nail go through his hand and into the wood† (Waldmeir 28). â€Å"Santiago is often regarded [as] a Christ figure, and his love for all living creatures and forbearance in physical pain are attributes that support this [idea]. However, Santiago shares few traits with Christ (Brenner 38). In his book The Old Man and the Sea: Story of a Common Man, Gerry Brenner states: Christ is a fisher of men, but Santiago is merely a fisherman; Christ is a figure with a divine mission, Santiago one with a secular mission (to bring back an oversized fish); Christ is a martyr who willingly but reluctantly dies for his convictions, Santiago is a persevering champion who is willing to die only to win a battle with a fish; Christ is a teacher of spiritual and ethical wisdom, Santiago is a professional with skill and slogans to impart (38). The Hemingway hero is often religious, but their religion is rarely central to their lives (Gurko 13). Santiago is Cuban, at once devout and credulous (13). However, neither his religion nor his superstitious beliefs play a role in his ordeal with the great marlin (13). God is sometimes prayed to by the Hemingway hero in a time of crisis, but He is never depended upon (Waldmeir 29). When Santiago says his prayers, he also says, â€Å"I am not religious,† even as he says his prayer (29). After forty-five hours of struggle have passed, Santiago says, â€Å"I’ll say a hundred Our Fathers and a hundred Hail Mary’s. But I cannot say them now.† (Waldmeir 29-30) For those ... ..., Mrs. â€Å"Ernest Hemingway’s The Old Man and the Sea† Lecture: 2000. Timms, David. â€Å"Contrasts in Form: Hemingway’s The Old Man and the Sea and Faulkner’s ‘The Bear’† Modern Critical Interpretations: Ernest Hemingway’s The Old Man and the Sea. Ed. Harold Bloom. Philadelphia: Chelsea House Publishers, 1999: 45-52. Wagner, Linda W. â€Å"The Poem of Santiago and Manolin† Modern Critical Interpretations: Ernest Hemingway’s The Old Man and the Sea. Ed. Harold Spreng 8 Bloom. Philadelphia: Chelsea House Publishers, 1999: 45-52. Waldmeir, Joseph. â€Å"Confiteor Hominem: Ernest Hemingway’s Religion of Man† Modern Critical Interpretations: Ernest Hemingway’s The Old Man and the Sea. Ed. Harold Bloom. Philadelphia: Chelsea House Publishers, 1999: 45-52. Wilson Jr., G.R. â€Å"Incarnation and Redemption in The Old Man and the Sea† Modern Critical Interpretations: Ernest Hemingway’s The Old Man and the Sea. Ed. Harold Bloom. Philadelphia: Chelsea House Publishers, 1999: 45-52. Young, Philip. â€Å"The Old Man and the Sea: Vision/Revision† Modern CriticalInterpretations: Ernest Hemingway’s The Old Man and the Sea. Ed. HaroldBloom. Philadelphia: Chelsea House Publishers, 1999: 45-52.

Friday, January 17, 2020

Gulf Coast Motor

This course includes a challenging Course Project due in Week 6. Because of this, you will need to spend additional time and effort throughout the course to work on your project rather than wait until Week 6. The subject of the project may be based on any Case from any chapter assigned in this course. Examples are Case 10. 3- Montgomery v. English on page 175 and Case 14. 2- Page v. Gulf Coast Motors on page 111. Choose the case you wish to research and then do the following: Read and understand the case. Show your Analysis and Reasoning and make it clear you understand the material.Be sure to use the concepts of the course to show your reasoning. Summarize the situation. Dedicate at least one heading to each following outline topic: ? Parties [Identify the plaintiff and the defendant and tell something about them. ] Facts [Summarize those facts critical to the outcome of the case. ] Procedure [Who brought the appeal? What was the outcome in the lower court(s)? ] Issue [Note the cent ral question or questions on which the case turns. ] Holding [How did the court resolve the issue(s)? Who won? ] Reasoning [Explain the logic that supported the court's decision. Case Questions [Be sure to address and thoroughly answer each and every case question and each part of each question. ] Conclusion [This should summarize the key aspects of the decision and also your recommendations on the court's ruling. ] Include citations on the slides and a reference page with your sources. Use APA style citations and references. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area.Show something you have discovered about the case, parties, or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case. PAGE v. GULF COAST MOTORS Mary R. PAGE v. GULF COAS T MOTORS. 2030401. — December 30, 2004 David Vaughn, Daphne, for appellant. James Rebarchak of Miller, Hamilton, Snider & Odom, L. L. C. , Mobile, for appellee. Parties: [Identify the plaintiff and the defendant and tell something about them. ] Gulf Coast Motors sued Glenn and Mary Page to recover money lent at various times to Glenn. Mary asserted the affirmative defenses of the lack of consideration and the Statute of Frauds. Facts: [Summarize those facts critical to the outcome of the case. ] On August 29, 2003, the case was tried by the court without a jury. ? The trial court heard ore tenus testimony from Mary, Glenn, and representatives of Gulf Coast Motors. ? After the trial, the parties submitted briefs on the application of the Statute of Frauds as to the claims asserted against Mary. On November 7, 2003, the trial court entered a judgment in the amount of $23,020 in favor of Gulf Coast Motors and against both Glenn and Mary.On December 8, 2003, Mary filed a motion t o alter, amend, or vacate the judgment based on the Statute of Frauds. ? That motion was denied on December 9, 2003. ? On January 20, 2004, Mary filed a notice of appeal to this court. ? Glenn did not appeal. Glenn had a long-term friendship with Jerry Sellers, one of the owners of Gulf Coast Motors. ? In or around 1993, Glenn began borrowing money from Gulf Coast Motors on a recurring basis. ? The parties agree that Glenn borrowed money from Gulf Coast Motors and that he â€Å"had a gambling problem,† but there is no evidence as to what Glenn used the loan proceeds for. ? In its brief to this court, Gulf Coast Motors fails to cite to any evidence indicating that Mary derived an economic benefit from the proceeds of any of the loans to Glenn. The loan process was informal. ? Gulf Coast Motors set up a one-page ledger to record Glenn's loans. ? The ledger sheet showed the debits and credits, and it contained the following statement at the bottom, signed by Glenn: ? â€Å"I ag ree to pay Jerry Sellers[2 ] as above with waiver of all exemptions. † ? Mary did not sign the ledger sheet, and her name does not appear thereon.At various times between October 2000 and October 2002, Glenn borrowed money from Gulf Coast Motors. ? According to Gulf Coast Motors's bookkeeper, Glenn â€Å"would come in and borrow money from [Gulf Coast Motors] and set up a payment plan, get cash, then sometimes he'd come in and he would want [Sellers] to cash a check for him and, hold the check. † ? At various times, Glenn made payments, typically in amounts of $300 or $600, to apply toward the balance of his account. ? The parties do not dispute that Glenn was indebted to Gulf Coast Motors.Sellers testified that he became concerned about Glenn's debt in 2002 and that he asked Mary to guaranty Glenn's debt. ? According to Sellers, Mary agreed to make sure that Gulf Coast Motors was paid if they would â€Å"work with us. † ? Sellers testified as follows: â€Å"I c alled [Mary] on the telephone. ? Mary, Glenn is up here wanting me to cash another check and, you know, he's got a big bill already run up here and he tells me when y'all harvest your timber ? you're going to pay off all this account† â€Å"And, ah, [Mary] said, well, I'm gonna pay it. ? I promise you that we'll pay this off. Just work with us until we can sell our timber. ? I promise you you won't lose a dime. ? You'll be paid just as soon as we get the money. † Sellers testified that he modified Glenn's payment terms and made additional advances based on Mary's assurances that she would make payment. ? Sellers testified: â€Å"She said, Well, if you will redo those just put them in a payment where we can pay five of six hundred dollars a month we'll do that until we sell our timber. ? And based on her promise that she would make sure it was paid, I did that for her because Glenn does not have anything in his name. ?â€Å"And the only assurance I could go forward on was Miss Mary. And she promised me faithfully that I would be paid in full everything was owed and all she wanted me to do was work with them until they could sell their timber. † Mary denied that she had promised to pay any of Glenn's debt, and she denied that Sellers had asked her to pay Glenn's debt. ? Mary testified that she never received any money from Sellers or Gulf Coast Motors, and she denied that she had received any economic benefit from moneys lent by Gulf Coast Motors to Glenn. She testified that, if she had been asked, she would have advised Sellers not to lend money to Glenn. ?Because the trial court heard ore tenus evidence, the trial court's findings of fact are given a presumption of correctness, and we will not reverse the trial court's judgment based on those findings of fact â€Å"unless it is clearly erroneous, without supporting evidence, manifestly unjust, or against the great weight of the evidence. † ? Odom v. Hull, 658 So. 2d 442, 444 (Ala. 1 995). ? Where, however, the issue is the application of law to the facts, the presumption of correctness has no application and our review is de novo. Brown v. City of Huntsville, 891 So. 2d 295 (Ala. 2004); ? Ex parte Board of Zoning Adjustment of Mobile, 636 So. 2d 415 (Ala. 1994). Our disposition of this case turns on the proper application of the Statute of Frauds. ? Specifically,  §? 8-9-2, Ala. Code 1975, provides, in pertinent part: â€Å"In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party to be charged therewith or some other person by him thereunto lawfully authorized in writing: â€Å"? â€Å"(3)?Every special promise to answer for the debt, default or miscarriage of another; â€Å"? â€Å"(7)? Every agreement or commitment to lend money, delay or forebear repayment thereof or to modify the provisions of such an agreement or commitment except f or consumer loans with a principal amount financed less than $25,000. † Issue: [Who brought the appeal? What was the outcome in the lower court(s)? ] A promise to pay the debt of another is barred by the Statute of Frauds unless it is in writing. ? It is not disputed that Mary did not sign a note, guaranty, or any other writing promising to pay any part of Glenn's debts. Therefore, if the purported agreement to pay Glenn's debt is within the Statute of Frauds, Mary is not liable even if the trial court found Sellers's testimony to be credible. ? Mary's alleged oral promises are not enforceable under the Statute of Frauds. Gulf Coast Motors makes three arguments in this appeal. ?First, it argues that Mary's obligations were original promises to pay, rather than guaranty or collateral agreements, and thus were not within the Statute of Frauds. ? The Alabama Supreme Court has defined â€Å"original† and â€Å"collateral† agreements as follows: â€Å"? Collateralâ⠂¬â„¢ agreements are those in which the object of the promise is to become the guarantor of another's debt; ? these are within the statute and must be in writing to be enforceable. ?‘Original’ agreements are those in which the effect of the promise is to pay the debt of another, but the object of the promise is to promote some purpose of the promisor. † Fendley v. Dozier Hardware Co. , 449 So. 2d 1236, 1238 (Ala. 1984) (citations omitted). ? See also Lawler v. Cook Oil Co. , 640 So. 2d 950, 951 (Ala. Civ. App. 1994). In this case, Mary's alleged agreement was to guaranty payment of Glenn's debt. ? Much of the credit had already been extended to Glenn when Mary allegedly made her oral promises to guaranty payment. Moreover, there is no suggestion in the record as to any economic purpose that Mary would advance by repayment of Glenn's debt, and there is no evidence indicating that Mary received any economic benefit from the loans to Glenn. ? See Lankford v. Rucker, 396 So. 2d 105 (Ala. Civ. App. 1981). ? We conclude that the issue presented involves an alleged guaranty, or â€Å"collateral,† agreement, not an â€Å"original† agreement. ?Second, Gulf Coast Motors argues that Ala.Code 1975,  §? 8-9-2(7), exempts from its application agreements or commitments to lend money in cases of â€Å"consumer loans with a principal amount financed less than $25,000. †  §? 8-9-2(7). ? This argument fails because  §? 8-9-2(7) applies to â€Å"commitments to lend money, not to repay money that has been borrowed. † ? Carter v. Holland, 825 So. 2d 832, 836 (Ala. Civ. App. 2001). ? See Rozell v. Childers, 888 So. 2d 1244 (Ala. Civ. App. 2004). ? Mary's purported guaranty is not an agreement to lend money, and it is therefore not governed by  §? -9-2(7). ? Moreover, a transaction is covered by the Statute of Frauds if it comes within any of the subsections of  §? 8-9-2. ? Because Mary's purported guaranty was covered by  §? 8-9-2(3), it is irrelevant that it is excluded from the scope of another subsection of the statute. ?Third, Gulf Coast Motors argues, in reliance upon Nelson Realty Co. v. Darling Shop of Birmingham, Inc. , 267 Ala. 301, 101 So. 2d 78 (1957), that Mary committed fraud in the procurement of the loans and that the Statute of Frauds therefore does not bar recovery. This argument is without merit because the Alabama Supreme Court recently held that â€Å"an oral promise that is void by operation of the Statute of Frauds will not support an action against the promisor for promissory fraud. † ? Bruce v. Cole, 854 So. 2d 47, 58 (Ala. 2003). ? To allow a promissory-fraud claim in such circumstances would cause the Statute of Frauds to become meaningless. ? Therefore, under Bruce, the promissory-fraud claim is barred because the underlying promise is barred by the Statute of Frauds. Holding: [How did the court resolve the issue(s)? Who won? ]Based on the foregoing, we conclude that M ary's alleged promises to guaranty or repay Glenn's debts were within the Statute of Frauds and, therefore, were not enforceable. ? Therefore, we reverse the trial court's judgment, and we remand the cause for the trial court to enter a judgment in Mary's favor on all claims. REVERSED AND REMANDED. Reasoning: [Explain the logic that supported the court's decision. ] Case Questions: [Be sure to address and thoroughly answer each and every case question and each part of each question. ] Critical Legal Thinking What is a guaranty contract? Explain.Business Ethics Did Glenn act ethically in this case? Would Mary have acted unethically if she had actually orally guaranteed to repay her husband’s debts and then raised the Statute of Frauds to prevent enforcement of the oral promises? Contemporary Business Are guaranty contracts often used in business? Can you think of a situation in which a guaranty contract would be required? Conclusion: [This should summarize the key aspects of t he decision and also your recommendations on the court's ruling. ] FOOTNOTES 1. ?When the loans were being made, Glenn was not working and had no assets in his own name. Mary has significant assets in her own name. 2. ?The parties do not discuss the discrepancy between the promise to pay Sellers and Gulf Coast Motors's claim to be the obligee. ? We note that Gulf Coast Motors is referred to in the record both as a corporation and as â€Å"Jerry Sellers d/b/a Gulf Coast Motors. † 3. ?Sellers testified that he â€Å"refinanced [Glenn] per [Mary's] request and put all the old other checks in with the other account and redid it at $600 a month. † MURDOCK, Judge. YATES, P. J. , and CRAWLEY and THOMPSON, JJ. , concur. PITTMAN, J. , recuses himself.?

Thursday, January 9, 2020

Evaluating The Field Best Acceptable For The Client s...

Dear Professor Richard Dear Professor Richard This report presents information which job are better between two different careers to be discussed by our client and suggest about the field best acceptable to the client s profile. This is a copy of the report Recommendations on Career Options†. In this report, it has been collected from credible sources and can trust this accurate information. This information sources also will help that the client decide to choose a career as review. For any question, please contact me at the phone number or e-mail to mention above. Thank you for reviewing and enjoy this report Sincerely, Oh Young Kwon Abstract This report compares and analyses about two career option for the client. One is Network Administrator and another one is Computer System Analyst. This report includes about job description, educational qualifications, skills required, payment and the scope of growth for each job role. This is consisting of recommendation for the Network Administrator job for suitable the client and also this is based on the client’s background and skills. 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