Metamorphosis and the Yellow Wallpaper Essay Example for Free

Metamorphosis and the Yellow Wallpaper Essay Charlotte Perkins Gilmans The Yellow Wallpaper and Franz Kafkas Metamorphosis contain many similarities. They both have the common theme of the deterioration of the main characters life and mind, as well as the theme of the ostracism of outcasts in society. They also both deal with the main characters gaining a freedom through the demise of their previous lives. The woman in The Yellow Wallpaper is slowly deteriorating in mental state. When she first moves into the room in the old house, the wallpaper intrigues her. Its pattern entrances her and makes her wonder about its makeup. But slowly her obsession with the wallpaper grows, taking over all of her time. She starts to see the pattern moving, and imagines it to be a woman trapped behind the wallpaper. The total deterioration of her sanity is reached when she becomes the woman she imagined in the wallpaper and begins creeping around the room. Similar to the woman in Gilmans story, Gregor, in The Metamorphosis, watches as his life slowly deteriorates. He woke up one morning to find himself to have taken the shape of a bug. But early on he tried to continue in his normal activities; he focused on how he was going to make it to the train station so he did not miss his train, and how his employer would be upset with his absence from work. Then he begins to realize that he is a bug, and he cannot live his life the same way he used to. His sister begins to take care of him, and he loses touch with everything human that he used to know. His mother and father take away all of his furniture and other possessions. Gregors family come to the agreement that the bug must be eliminated, it was not

The Powerful Message of Ayn Rand’s Atlas Shrugged Essay -- Atlas Shrug

The Powerful Message of Ayn Rand’s Atlas Shrugged       Capitalism, according to John Galt, is "mutual trade to mutual advantage," (Rand Atlas Shrugged 989) or as Adam Smith put it: "[trade] by mutual consent and to mutual advantage." In true capitalism, the economy is strictly separated from the state, just as there is a separation between church and state in the USA. This basic tenet of capitalism describes the only economic system that can be morally justifiable. Communism, fascism, socialism, dictatorships and "regulated capitalism" are all systems that breach upon an individual's basic rights, while capitalism respects and recognizes a man's right to control the product of his mind. In her philosophical treatise Atlas Shrugged, Ayn Rand uses fictional characters and events to dramatize the only economy that is consistent with man's rights and virtues.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Before Ayn Rand, no one had ever seriously attempted to justify capitalism on moral grounds. It was a given that capitalism was immoral; the proponents of capitalism merely tried to exhibit the efficiency of the system (i.e., it is a "necessary evil"). Economists did this because they focused only on the people who would be helped by an anti-capitalist society: the "needy." What Ayn Rand presents so masterfully through Atlas Shrugged is the objective perspective of what is occurring in societies where people may take from others for the "public good"; in the novel, she repeatedly begs the question: "At whose expense?" When the People's State of Mexico nationalizes the San Sebastià ¡n mines, Ayn Rand clearly presents what is really happening: a gang of looters is robbing an honest business for their own benefit. In any other case, this wo... ...and certainly undeserving Orren Boyle can use it without compensation. Is that justice? It is clear that capitalism is the only economic system that gives people what they deserve; capitalism is economic justice.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Capitalism has been proven time and time again to be the most "effective" (in terms of production) economic system in existence, but this is only secondary to the primary fact that it is the only moral economy. In Atlas Shrugged Ayn Rand shows that, by its very nature, capitalism is freedom: the freedom for a man to do what he wants to do with the product of his own mind and effort and, the corollary to that, the freedom to live.    Works Cited Rand, Ayn. Atlas Shrugged. New York: Random House, Inc., 1957. ---. "Man's Rights." Capitalism: The Unknown Ideal. New York: The New American Library, 1967. 286-94.      

Business Analysis – International Strategy and Competitive Advantages

Introduction According to Iliev et al (2004, p. 133), Apple Inc. was selling its products exclusively in America, initially. Nowadays, Apple has expanded significantly beyond domestic market. Apple has so far succeeded to become a multinational organization, selling products and resourcing law materials globally. To minimize the impact of the existing rivalry in the PC industry at the global edge and to maintain competitive advantage, Apple applies non-competition strategies, (Yoffie, 2004).This section examines the strategies adopted Apple Inc to penetrate and to manage rivalry in the global market. Further, this part looks into the competitive advantages of Apple Inc, which enable it to maintain competitive edge In the PC industry globally. In addition, paper briefly highlights the benefits and shortcomings of the strategies adopted by Apple Inc, giving potential solutions and strategies based on the available data. International strategy According to Iliev et al (2004, p. 133), Ap ple Inc. ses a combination of product development and product proliferation strategies to achieve and maintain its international competitiveness. Iliev et al notes that, product proliferation strategy is similar to the approaches used in creating barriers to entry. In such an approach, if new niches develop, the leader in a given industry benefits most. For example, Apple got the first mover advantage in the digital music market where it was the first company to provide online music through iTunes and the iPod.The other companies in the industry started to move into the niche, competition was raised and rivalry decreased Product development on the other hand refers to the process of innovation of new or better products so as to replace the old ones. Apple has managed to lead in the PC industry in innovation and design hence, it has been able to exploit available opportunities and to gain significant market share in the international market. For example, in 2002 and 2003, iTunes and the iPod were made available by Apple at windows version.As a result, demand for the products skyrocketed and helped to propel revenues for Apple to record high. In fact, today, iTunes account for 70% for global market for digital music downloads, (Jones, 2011). The combination of product development and product proliferation strategies is beneficial to Apple since the perceived value of the products of Apple Inc. generated through innovation and superior design proves to be inimitable competency. Thus, as much as this advantage exists, Apple will continue to lead in the PC industry.However, the product proliferation strategy adopted by Apple Inc. a major shortcoming. According to Iliev et al (2004, p. 133), this tactic leads to high pressure for cost reduction and for local responsiveness. This makes this approach the most difficult to realize, but if a company succeeds, it can obtain a low cost structure and also considerable level of customer acceptance. According to Iliev et al (2004, p. 133), Apple applies this approach, but, it has not yet attained the optimal point.As a result, the majority of computer owners in the global market do not know much about Apple’s technology. For Apple to attain appropriately low cost situation, it has to come up with ways to persuade PC users in the global market from the very entry of their innovative and technological superiority. Competitive advantage Apple Inc faces great competition form other companies in the PC industry such as Dell, Compaq and Gateway. This forces Apple to come up with competitive strategies which best fits generic business level strategy in the industry life cycle (Lubeck et al, 2009, p. ). According Lubeck et al, Apple is keen to constantly watch the other players and tries to predict the step that each of them is likely to take in the future in order to be ahead of them. Further, Apple possesses competitive advantage in specific areas resulting from its distinctive competencies. First, Ap ple enhances the quality of its products through improved product design, (Iliev et al (2004, p. 135). According to Besanko et al, (2009, p. 362) this helps in creating value through functionality and better product quality, thus leading to more pricing options and differentiation.Moreover, the Human Resource Department of Apple Inc facilitates it to reach superior quality since it recruits high skilled workforce that ultimately leads to better product quality, thereby also leading to more pricing options and differentiation. Also, the Research and Development department of Apple Inc plays an important role as a source of superior innovation and comes up with new brands of products that create more value to the customers and enhances usability. As well, this factor results in more pricing options and to differentiation. Finally, the information systems in Apple Inc enhances internal communication and also, xternal coordination which in turn, optimizes business processes. This helps to reduce costs due to increased efficiency. According to Iliev et al (2004, p. p. 135). Apple adopts a model which acknowledges these distinctive competencies and sets a business model which facilitates it to enforce and to organize its competitive advantage. Therefore, all these above competencies enable Apple Inc to achieve superior level of innovation, enhance quality of its products and increase efficiency in production, hence provide Apple with a competitive advantage.Conclusion In conclusion, Apple uses product a both product development and product proliferation strategies to achieve and maintain competitiveness in the global market. This approach is beneficial since the perceived value of the products of Apple Inc. generated through innovation and superior design proves to be inimitable competency. However, this approach leads to high pressure for cost reduction and for local responsiveness and hence, it becomes the most difficult approach to realize. As demonstrated in thi s part, Apple Inc. eeds to come up with ways to persuade PC users in the global market from the very entry of their innovative and technological superiority so as to attain the benefits of the strategy of cost reduction. As noted in the essay, Apple Inc. possesses various competencies including; product design, branding, usability and internal communication and external coordination. These competencies enable Apple to attain a competitive advantage against the competitors. References Besanko, D. , Dranove, D. , Shanley, M. & Schaefer, S. (2009), Economics of Strategy, John Wiley and Sons, New York Iliev V. , Lindinger, A. & Poettler G. , (2004), â€Å"Apple Coputer Inc. Strategic audit,† Retrieved from, http://www. andreaslindinger. net/downloads/strategicmgmts-lindingeretal. pdf Jones D. , (2011), â€Å"Apple strives for global markets,† Retrieved from, http://online. wsj. com/article/SB10001424052748703302604575294530119152528. html Lubeck, B. , Niltz J. , Danforth, J. & Brannon J. , (2009), Apple Inc. : creating and sustaining a competitive advantage, retrieved from,

Living and testamentary trusts - Free Essay Example

Sample details Pages: 7 Words: 2181 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Case study Did you like this example? Answer The subject matter contained in this question emanates from the study of living and testamentary trusts. A living trust or trust inter vivos trust can be defined as a declaration made by a Settlor, during his/her life-time, to transfer some interest in real or personal property to a trustee to hold in favour of a beneficiary or beneficiaries[1]. A will on the other hand is primarily a document, legal in nature, which purports to speak from the death of the Testator, through which he/she transfers an interest in their real or personal property to persons named as trustees, to hold in favour of a singular or multiple beneficiaries[2]. Don’t waste time! Our writers will create an original "Living and testamentary trusts" essay for you Create order Due to the unique nature of trusts and the gravity of the obligations they can confer on an individual, there are elements to which a trust must conform to be validly constituted. Firstly, there must be certainty of subject matter which includes certainty of the trust property and certainty of the beneficial interest[3] In general, the trust must allow for the property to be properly identified and must also be clear on how the property should be distributed among the beneficiaries of the trust. Secondly, there must be a clear intention on the part of the Settlor to vest an interest in property in favour of the beneficiary through the creation of the trust[4]. This may be evidenced by some express or manifested act by which he/she shows that there is an irrevocable intention to create a trust such as the execution of a will or deed of gift transferring the property to their trustees to hold in favour of the beneficiary. However, the Settlor does not always need to transfer any int erest in the property for a trust to be validly constituted this is especially so in the case of an inter vivos trust where the Settlor can maintain and enjoy the benefits of the property for their lifetime and even nominate themselves as trustees. These principles also apply generally to all express trusts including trusts inter vivos although less rigidly so. It is from this general background in the foregoing that we can look at the dispositions made in the case above and further discuss their validity in light of the Law in force, recent legal decisions and the merits contained in the facts of each case.  £60,000 to my trustees to be distributed at their unfettered discretion amongst such of my good friends and colleagues who I have known at the various universities that I have worked for. The issues identified in this question is whether Aveline has created a valid inter vivos trust through a document executed under her hand purporting to transfer  £60,000 to her trustees for distribution to her good friends and colleagues who she had worked with at various universities. It is trite Law that for a trust to be validly constituted, it must be created with certainty of intention, have certainty of subject-matter and certainty of objects[5]. The subject matter of the trust must be property which is capable of being transferred. There is also a requirement that the subject matter of the trust must be something capable of being distributed among the beneficiaries and there should be no confusion as to how to distribute the trust property or who should benefit from its distribution. Finally, there must be an express act which shows that the Settlor intends to create an unconditional release by the Settlor of all future dominion and control over the property. O n application of the general principles regarding trusts above, we can see in this case that the subject-matter of the trust is certain and that the execution of the inter vivos document is a clear act which shows that Aveline intends to create a trust in favour of the beneficiaries named in the trust. For example, in the case Pennington v Waine (2002), the Court of Appeal held inter alia that the execution and delivery of share transfer forms to an intermediary for the purpose of registering a new owner created a valid transfer of an equitable interest. However, it is unclear from the wording of the trust document who her good friends and colleagues are or how much each should get as a share in the  £60,000 which is the subject matter of the trust. Legal decisions have confirmed that objects (beneficiaries) to a trust should not be vague and even though the Law will always try to give effect to the Settlorà ¢Ã¢â€š ¬Ã¢â€ž ¢s wishes, Avelineà ¢Ã¢â€š ¬Ã¢â€ž ¢s description of who is to be the beneficiary of the trust is too vague too to constitute a valid disposition[6]. Even if there was any way to decide who her good friends and colleagues are, there is still a problem with how much each of the beneficiaries should get as shares in the money. This is an invalid disposition in the trust and would be incapable of execution by the trustees without further direction Re Baden[7]. One flat in London to be selected by Avelineà ¢Ã¢â€š ¬Ã¢â€ž ¢s daughter as an absolute gift for herself and the remaining flats to be sold and the proceeds of sale to be invested for a period of 21 years in order to provide a reasonable income for my two nieces. The main elements of a valid gift inter vivos are that there must be a valid intention to create a trust in favour of the beneficiary, there must be an actual delivery of the gift or subject matter to the beneficiary and finally, that the beneficiary must accept the gift as it was given. Although the element of delivery is less strictly applied in cases where the gift is made as part of transactions between families, there must be some overt act through which the intention to create the trust is shown. In this case Avelineà ¢Ã¢â€š ¬Ã¢â€ž ¢s execution of an inter vivos document satisfies the requirement for an overt act showing the intention to create the trust. The trust however starts to falter when Avelineà ¢Ã¢â€š ¬Ã¢â€ž ¢s daughter fails to select any of her flats in London before her death thereby making it impossible for her to have accepted the trust. Failure to accept the trust has the effect of causing the failure of this disposition to Avelineà ¢Ã¢â€š ¬Ã¢â€ž ¢s daugh ter. The remaining flats in London were to be sold and the proceeds from such sale are to be used to fund a trust to be held for 21 years to provide an income for Avelineà ¢Ã¢â€š ¬Ã¢â€ž ¢s two nieces. The size of this disposition is subject to any previous selection from Avelineà ¢Ã¢â€š ¬Ã¢â€ž ¢s daughter and since she made none, all the flats would now be sold under the operation of the inter vivos document. The rule perpetuities which seeks to limit the possibilities of Settlor continuing to exert too much influence over property after their death would not apply in this case as the trust was created in favour of Avelineà ¢Ã¢â€š ¬Ã¢â€ž ¢s nieces who are were alive at the same time as Aveline and her daughter and therefore able to enjoy the property without running foul of the rule[8]. The limitation in duration of this gift would therefore make the disposition valid[9]. The words, à ¢Ã¢â€š ¬Ã…“a reasonable incomeà ¢Ã¢â€š ¬Ã‚  also denotes a certainty in the subject matt er of the trust and that further validates this disposition Re Golay Morris v Bridgewater and Others[10]. A sum of  £200,000 to be distributed equally amongst my grandchildren, my nieces and nephews The intention is definitely evident with the execution of the inter vivos document but there is a bigger question when the wording of the document itself is construed in answer to the first issue on whether the intention was to create a trust or merely an absolute gift. There seems to be no intention from the wording to hold any part of this money in trust for the beneficiaries, rather, the intent seems to be that Avelineà ¢Ã¢â€š ¬Ã¢â€ž ¢s grandchildren, nieces and nephews are to have the subject matter distributed amongst them in equal shares without more. There is no intention to create a trust here and none of the words of the document seeks to create one in favour of any of the objects mentioned[11]. Gift of residuary estate to family members who in the opinion of the trustees deserved it. It is clear here that the executors are given the discretion to decide in whose favour to perform the trust and thereby identifying who may have recourse to the court in the event that the trustees does not fulfil the duty placed on them. Avelines failure to define clearly the members of her family may mean that the property can only be held on trust for the Settlor or all her remaining estate McPhail v Doulton (1971). The test in the foregoing case is whether it is possible to define with any certainty whether a person belongs to a group or class mentioned in a trust as a potential beneficiary. The criteria upon which the trustees are to base their decision itself is unclear as the determination of what constitutes a deserving beneficiary in this disposition would be exceedingly difficult to define. As this concept is too imprecise to give any certainty of objects, this disposition will fail See Re Baden (No 2) (1973). Confirming this view, the courts have held in R v District Auditor ex p West Yorkshire MC (1986) that if a testator chooses a wide class of people to be beneficiaries and if the trustees cannot effectively fulfil their duties even under a discretionary trust, the trust must fail. Gift to Valerie if the trustees fail to distribute trust amongst Avelineà ¢Ã¢â€š ¬Ã¢â€ž ¢s family It is valid practice to name alternative beneficiaries for each gift made to a primary beneficiary. This act is considered good practice and prudence as creating a gift to an alternative beneficiary in case the primary disposition fails, leaves nothing to chance[12]. In this Will, Aveline seems to have made a gift to an alternative beneficiary in the event that any of the primary gifts to any members of her family fails. Further investigation on the construction of the words making this disposition shows that this may not be the case. The literal interpretation of the will must be ascertained from the words used in the document itself and from the context in which they are used[13]. Upon this literal construction, the trustees seem not be under any duty to actually try to distribute any of the property to her family. However, there is an implied fiduciary duty to all trustees to carry out the intentions of the Settlor. Therefore, upon failure to disburse the estate to her family , Aveline has unequivocally instructed the estate to be given to her fried Valerie. There remains some issue with this trust. The extent of Avelineà ¢Ã¢â€š ¬Ã¢â€ž ¢s estate may be an unknown quantity and one which the Trustees would be unable to define as at the time the Will was executed. There are doubts as to the certainty of subject matter under this, and various legal decisions would call this disposition into doubt[14]. However, the decision of the Court of Appeal in Hunter v Moss seems to point an exception to the rule of certainty in situations where the property is an intangible asset. In this exception, the courts would give effect to the disposition despite the fact that there is no certainty of subject matter. This exception would not apply if the property was land. Therefore Valerieà ¢Ã¢â€š ¬Ã¢â€ž ¢s gift may be valid in some cases. Avelineà ¢Ã¢â€š ¬Ã¢â€ž ¢s disposition to Valerie would be valid if the estate was easily determinable and also if it can be shown that any other dispositions to Avelineà ¢Ã¢â€š ¬Ã¢â€ž ¢s family have failed. Bibliography Primary Sources Legislation Wills Act 1837 (c.26) Wills Act 1968 (A.C.T) Case Law MacJordan Construction v Brookmount [1992] BCLC 350. Paul v Constance (1977) Knight v Knight (1840), 3 Beav, 148, 49 ER 58 (Ch) See Palmer v Simmonds (1854) 2 Drew 221, HC Hancock v Watson [1902]AC 14, HL Re Wightwick [1950] 1 Ch 260 Thynn v Thynn (1684) Pennington v Waine (2002) Secondary Sources Books Wills, Trusts, and Estates By Jesse Dukeminier, Stanley M. Johanson Published by Aspen Law Business, 2000. Trusts and Equity By Richard Edwards, Nigel Stockwell Published by Pearson Education, 2005 A Simplified Guide to Creating a Personal Will, By Deborah Herman, Deborah Levine Herman, Robin L. Bodiford Published by John Wiley and Sons, 2003. Administration of Wills, Trusts, and Estates By Gordon W. Brown Published by Cengage Learning, 2002. Equity Trusts By Alastair Hudson Published by Routledge, 2001. 1 Footnotes [1] Wills, Trusts, and Estates By Jesse Dukeminier, Stanley M. Johanson Published by Aspen Law Business, 2000 pg 372 [2] Trusts and Equity By Richard Edwards, Nigel Stockwell Published by Pearson Education, 2005 [3] MacJordan Construction v Brookmount [1992] BCLC 350. [4] Paul v Constance (1977) [5] Knight v Knight (1840), 3 Beav, 148, 49 ER 58 (Ch) [6] See Palmer v Simmonds (1854) 2 Drew 221, HC [7] [1973] Ch.9 [8] Hancock v Watson [1902]AC 14, HL [9] Re Wightwick [1950] 1 Ch 260 [10] [1965] 2 All ER 660, HC [11] Thynn v Thynn (1684) [12] A Simplified Guide to Creating a Personal Will, By Deborah Herman, Deborah Levine Herman, Robin L. Bodiford Published by John Wiley and Sons, 2003 page 29 [13] Administration of Wills, Trusts, and Estates By Gordon W. Brown Published by Cengage Learning, 2002 [14] Equity Trusts By Alastair Hudson Published by Routledge, 2001 pg 75