Meaning Behind Aussie Battler Essay Example for Free

Meaning Behind Aussie Battler Essay The film industry determines the way we view our films. Australian films often backup the idea of the ‘Aussie battler/hero’. A battler/hero is known as someone who fights for what they believe in, their country, their heritage, their family, friends, dignity and pride. A battler’s job is to protect and hold onto what they are fighting for, whether it is for the good or for the bad. The Aussie Battler is known for being a working class citizen who commits there heart and soul into their work, land, culture and family. Many Australian films explore the concept of ‘Overcoming Adversity’ and explore into the idea of the ‘Aussie Battler/hero’. Wonderful examples of films that directly look into this idea of the ‘Aussie Battler/hero’, is Ned Kelly (2003) and The Castle (1997). Ned Kelly is a film based in the 70’s/80s about a group of young men, Ned Kelly (Heath Ledger), Joseph Byrne (Orlando Bloom), Dan Kelly (Laurence Kinlan) and Steve Hart (Philip Barantini), also known as ‘the Kelly gang’, fighting to preserve their heritage and remain true to their family. The director of Ned Kelly ‘Gregor Jordan’ has contributed the idea of how overcoming adversity can be problematic and difficult, but can also change society. The Castle a film directed by Rob Sitch is about a man, Darryl Kerrigan (Michael Caton) facing the authority because he believes in fighting for his right to not lose everything he has worked for, for unnecessary government requests. The film industry determines the way people view films. Australian films often backup the idea of the Aussie Battler. An Aussie battler is referred to as someone who fights for what they believe in, their country their heritage, family, friends, dignity and pride. A battlers job is to protect and hold onto what they believe is worth fighting for, whether is is for good or bad. The Aussie battler is known to be a working class citizen who commits their sweat, blood and time into their work, land, culture and family. Many Australian films explore into the concept of overcoming adversity, and look deeply into the understanding the idea of the Aussie battler. Wonderful examples of films that directly look into this concept of the Aussie Battler’ is Ned Kelly (2003) and The Castle (1997). Ned Kelly is a Film based in 1880s about a group of men (Ned Kelly (Heath Ledger), Joseph Byrne (Orlando Bloom), Dan Kelly (Laurence Kinlan) and Steve Hart (Philip Barantini), also known as The Kelly Gang. The gang’s objective is to fight, preserve their heritage and change how the authority treats the Irish. The director of Ned Kelly, Gregor Jordan has contributed the idea of how overcoming diversity can be problematic and difficult, but can also change society’s views and ways. The Castle, a film directed by Rob Sitch, is about a man, Darryl Kerrigan (Michael Caton) facing the authority because he believes in fighting for his right to not lose something that is a big part of his life and something he has worked for his whole life. The events that arise in both films revolving around the characters, reiterate this idea of ‘Over coming Adversity’ and the ‘Aussie Battler/hero’ is emerged through a variety of techniques incorporated from their respective directors. In the first scene of Ned Kelly he is portrayed as a great contribution to society by saving his class mates life from drowning in a river. He received a green hero’s sash. Another scene that also really shows Ned as a battler is where he is chasing one of the authorities through the bushes. Ned shoots the authority multiple times and once he finally stops Ned tells him ‘he would not have shot if he hadn’t kept running’; he also tried to stop him from bleeding but in the end couldn’t and was forced to put a bullet through his heart. A scene where Ned’s image is turned around is where he steals the horse and gets caught from the authority; Ned loses it and threatens the authority which then lands him in jail and from this point on Ned falls into the role of ‘The Aussie Battler’. Ned Kelly belongs to an Irish heritage that immigrated to Australia for a better life, but not realizing what laid ahead for them they were pushed low down in society and struggled to keep an income. The Kelly’s were given a piece of land by the selectors where they were allowed to grow their own crops, producing their own food and founder animals for income. The authorities in Ned Kelly were self-centred and, self-indulged. The way the authority treated the Irish was different to how they treated their own. That’s where the Kelly Gang and the authority differed. Ned was pleasant to everyone he came across, he didn’t chose to harm them, gave them respect and the rights they deserved wether they were his own people or not. The events that arise in both films revolving around the two main character ‘Ned Kelly’ and ‘Darryl Kerrigan’, reiterate this idea of ‘overcoming adversity’ and the ‘Aussie battler’ is emerged through a variety of different techniques that have been incorporated by their respective directors’. In a scene towards the start of the film that shows Ned as a battler is where he is hunting a policeman through the bush lands because he ran. Ned finally guns down the policeman and finds the man lying on the ground in immense pain. Ned tells the policeman ‘he would not have shot him if he had not run’. This scene shows the battler side of Ned because further on in this scene Ned is forced to kill the policeman because there was nothing he could do to save him. The Castle is a classic Australian film the stereotypes the Aussie image but also conveys the message that Australians are tough and fight for right. The Kerrigan family is an admirable representation of the average Australian family. They are tight-knit, willing to help and passionate about sticking together as a family. There is a scene that particularly shows off the characteristics of a battler/ fighter within the castle. This scene is were Darryl is at his court hearing. When the Jury goes on break, Darryl sends out his message to his lawyer who then uses what he says in his debate. By Darryl really expression his true emotions, they win. Darryl Kerrigan resembles the typical Australian father. Although his family isn’t well off and don’t particularly live in a great spot (beside an airport), its home, it all comes from the heart. Darryl is a battler; he supports everyone’s opinions but in the end makes his decisions based upon his beliefs. He doesn’t particularly have a high status in society with him working as a tow truck driver but still manages to stay positive because he doesn’t care what people think of him, he’s a proud Australian. He works and fights for the things he needs and can appeal to ones emotions. He uses his power to battle against the bad to win the good. The directors of both Ned Kelly and The Castle have incorporated a variety of different cinematic techniques that make both films memorable in their own manner. Techniques that come under the branch are Setting, Dialogue, and Costuming, Camera angles and movement and sound. Ned Kelly desires the affect for its audience to become entangled within the films story line and to do this the film must include a range of different and somewhat unusual techniques to gather attention. The setting for Ned Kelly is rather stereotypical to the era the film is set in. Most scenes where the Kelly gang do major work is set on the authority’s side. This is the brighter, more classic, rich side, whereas most other scenes such as fighting and war is done in the bushlands, outback where the Kelly’s feel safe and indulged in their own culture. The lighting in Ned Kelly is very much so leaned to low key lighting. If you notice high key lighting comes into play when the Kelly’s are in the authority’s territory and low key lighting for the rest. The dialogue used in Ned Kelly is very traditional and formal. The authority take on a different role in there dialogue as they used different words, words that come off more offensive and cruel. Costuming is also another very outmoded label. The Kelly’s customarily wore old, scrawny, filthy unwashed clothes. They also were mostly seen in dark long pants and jackets, not a lot of skin was shown which contributed to the aspects of low key lighting. The outcast side of people had scrawny hair, beards and were dressed in dirty clothing. Whereas the upper-class side were dressed in clean cut, brighter coloured clothing that resembled there place in society. In both Ned Kelly and the Castle similar camera angles and movements were used. High Angles where used to show power i. e. the authority standing over Ned making him look weaker and more vulnerable. Particularly towards the start of both films you notice low angles and high angles being used to show authority, but as the films progressed you start to notice the change in angles and where the cameras are positioned. Throughout both films you will notice an establishing shot being used at the start of most scenes followed by either a close up or mid shot, depending wether the scene was to include dialogue where then they would need a close up or just a mid-shot. There were many cuts during dialogue which also showed great importance in what the characters were saying. The castle resembled typical Australian dress standards for that time (Flannelettes, Jeans and bowl cuts). The Authority seemed to be dressed in smart clothing the reminded you of control and responsibility. Dialogue in The Castle was stereotypically an Australian accent. The slang, the way the words are slurred and how the pronunciations of words are carried out. The authority defiantly takes on another type of channel of communication, they talk more proper, formal and tend to shorten their words to sound like they aren’t slurring. The setting in the castle is bright and cheerful. It creates a friendly environment that also shows a real Australian household. They do this by creating a rundown house, not much money and living right next to an airport. The lighting the frames this film is high key. Even when darkness controls the time of the scene light still manages to be the key element to the shots. Both films show and encourage messages about Australia in two completely different but similar ways. Ned Kelly shows a message that stealing is wrong and fighting is not the answer, but fighting for what you believe in, fighting for the right to not let others contradict your life is ok. On the other hand the message about The Castle is exactly the same but carried out differently. The castle shows the fact that Australians are not very materialistic and in general are quite simplistic and positive. Both films also conveyed the message that family is important and supporting that idea of love and trust is what makes life worth living for. Ned Kelly chose reveal the idea of using violence, crime and death to portray its message, whereas The Castle did not. The Castle showed its message through family values, gratitude and reverence. Both of these films had the authority against them, they stuck together and became united as one. By the end of both films we were left with the feeling of knowing and understanding how both families’ fought together. If one was going down they were all going down. What was also so great about these two films is that we could watch them grow from battlers into heroes. Ultimately both films were devised to create a sense of understanding about the Australian culture. For certain message and concepts to be conveyed a range of different techniques had to be used, from characterization, to cinematography. The plots direction leaded to the audience grasping different emotions and challenged the audience to experience a film unlike most modern productions.

Resistance as the Byproduct of Separate Spheres :: Essays Papers

Resistance as the Byproduct of Separate Spheres The history of women in the United States is primarily a study of gender, the social construction of sexual difference, through time. The nineteenth century stands out as the period when the code of separate gender spheres emerged and yet, already, began to come into question. Social forces of economic and religious change sculpted gender into a dichotomy differentiated along roughly the same lines as (what we can now consider problematic) divisions between the private/public, emotional/rational, and consuming/producing. Men occupied the privileged side of each binary, relegating women, as a sex, to a gender built of a series of traits defined in opposition to masculine privilege. During this same century, the ideology of separate spheres was increasingly challenged at many levels by critiques and movements for equal rights, substantive justice, and particular ‘women’s issues’. Note first, that as gender is an issue of social construction, this construct can only be shared by particular groups who share social constructs and even then gender is understood in certain limited ways. To accommodate for this and avoid footnoting what may well be entirely distinct histories, I will only discuss the gender through time of Northern white women. For this constructed gender, the changes that brought the code of separate spheres, by changing the relationships of the domestic sphere, also brought the most fundamental challenges to the code, much more so than equal rights in the public sphere could or would accomplish. In order to determine what a fundamental challenge to the code of separate spheres would sound like, it is necessary to determine the nature of the code’s existence. Obviously, this code of spheres did not exist somewhere crawling about a forest floor, rather it was an ideological tenet of a particular society. This does not mean, however, that it was then understood as simply a belief of one group of people in one time and place. Instead it was seen as natural and permanent. As Justice Bradwell explained in a late nineteenth century case, â€Å"the civil law, as well as nature herself, has always recognized a wide difference in the respective spheres and destinies of man and woman† (Bradwell v. Illinois, 83 U.S. (16 Wallace) 141 (1872)). Outside of the courtroom, Lydia Sigourney echoed this sentiment in a book targeted for women, exhorting them: â€Å"[c]onsider the sphere in which thou art placed, as the one in which God willeth thee to be† (Sigourney 109) .

Negotiable Instrument Act 1881

The Negotiable Instrument Act 1881 Compiled By Neelakshi Jaidka OBJECTIVES After reading this lesson, you should be able to- †¢ Understand meaning, essential characteristics and types of negotiable instruments; †¢ Describe the meaning and marketing of cheques, crossing of cheques and cancellation of crossing of a cheque; †¢ Explain capacity and liability parties to a negotiable instruments; and †¢ Understand various provisions of negotiable instrument Act, 1881 regarding negotiation, assignment, endorsement, acceptance, etc. of negotiable instruments.INTRODUCTION * The Negotiable Instruments Bill was passed by the Council and received assent on December 9, 1881. The Act came into force from March 1, 1882. * Prior to its enactment, the provision of the English Negotiable Instrument were applicable in India, * It extends to the whole of India except the State of Jammu and Kashmir. * The Act operates subject to the provisions of Sections 31 and 32 of the Reserve Bank of India Act, 1934 * Premable â€Å"An Act to define and Law relating to Promissory Notes, Bills of Exchange and cheques† MEANING: – negotiable instrument means an instrument the property in which is acquired by any one who takes it bonafide and for the value notwithstanding any defect in the title of the prior party . DEFINITION [SEC 13] A negotiable instrument means – A promissory note; or – Bill of exchange; or – Cheque – Payable either to order or Bearer. CHARACTERISTICS OF NEGOTIABLE INSTRUMENT {SEC 13} 1 Freely transferable from one person to another person. 2 The holder in due course obtains good title of the instrument notwithstanding any defect in the previous holder. 3 HDC of a negotiable instrument can sue on the instrument in his own name. Transferable infinite times till its maturity. PRESUMPTIONS AS TO NEGOTIABLE INSTRUMENT {sec 118} 1. CONSIDERATION:-Every negotiable instrument was made, accepted, endorsed or drawn for consid eration 2. DATE: – every negotiable instrument bearing a date was made or drawn on that date. 3. Time of acceptance: – every bill of exchange was accepted within a reasonable time after the date mentioned on it but before of its maturity. 4. Time of transfer:- every transfer of negotiable instrument was made before its maturity. 5. STAMP:-lost promissory note, bill of exchange or cheque was duly stamped. 6.HDC: – that the holder of N/I is a HDC . PROMISSORY NOTE {SEC. 4} Definition: – A ‘Promissory note’ is an instrument in writing (Not being a bank- note or a currency note) containing an Unconditional undertaking signed by the maker to pay a Certain sum of money only to a certain person; or the Order of a certain person. Essentials Characteristics of a Promissory Note 1. Writing: – Promissory note must be in writing. Writing includes print and typewriting. Oral promise can not Constitute a valid promissory note. Generally consideratio n, Place and date of making need not be mentioned on the promissory note. . Promise to pay:- (a) A Promissory note must contain an undertaking Promise to pay. (b) Mere acknowledgment of debt is not sufficient.  ©Use of word â€Å"promise’’ is not mandatory, but the maker should bind himself to pay. EX. :- â€Å"I have received a sum of Rs. 5,000 from Sohan. This amount will be repaid on demand’’. 3. Unconditional promise:- (a) The undertaking/ promise to pay should be unconditional and definite. (b)Unconditional event means an event which is certain to happen but the time of its occurrence is uncertain. Examples:- â€Å"I promise to pay B Rs. 00, seven days after may marriage with C’’ cannot constitute a promissory note because a condition as to marriage is attached. A writes – â€Å"I promise to pay C Rs. 25,000, 7days after the death of B’’. This is a valid promissory note and is not conditional, since only the t ime of death of B is uncertain, but is sure to happen. 4. Signed by the maker:-Promissory note should be signed by the maker himself. Where it is written and the name of the maker appears in the instrument, but is not signed, it shall not constitute a valid promissory note. 5. Payee to be a certain person: – Promissory note should specify the payee in clear terms i. . by name, son of, and resident of, etc. The payment can also be identified by description. 6. Certain some of money:- Sum payable must be certain or capable of being made certain. The sum shall be deemed to be certain when the rate of interest is specified. Money may be payable in installments is also a valid promissory note. Examples:- â€Å"I promise to pay Balu, Rs. 10,000, and all other sums which shall be due’’ is not valid since the sum is not certain. 7. Payment of Money only:- There must be a promise to pay only money and not other consideration, e. g. â€Å"I promise to pay B a sum of Rs. 0,000 and deliver him my Scorpio Car’’ is not valid. 8. Duly stamped and dated:- Stamps of requisite amount and description must be affixed on the instrument and duly cancelled either before or at the time of its execution. If the promissory note is not dated, it is presumed to have been made on the date of its delivery. Bill of exchange {Sec. 5} Definition: – A ‘bill of exchange’ is an instrument in Writing containing an unconditional order, singed by the maker, directing a certain person to pay a certain a sum of money only to, a certain person; or the order of a certain person; or the bearer of the instrument.Essentials Characteristics of a Bill of Exchange (a)It must be in writing (b)It must contain n expresses order to pay (c)The order to pay must be definite and unconditional (d) It must be signed by the drawer (e)The sum contained in the order must be certain (f)The order must be to pay money only (g)Drawer, drawee and payee must be certain (usually, same person is the drawer and payee) (h)It must be stamped. Parties to a Bill of Exchange Drawer:- The person who draws the bill (i. e. , the person who makes the bill) is called a drawer. His liability is secondary and conditional.His liability is primary and conditional until the bill is accepted. Drawee:- 1. The person on whom the bill is drawn is called as drawee. 2. On acceptance of the bill- He is called as Acceptor, he becomes liable for the payment of the Bill; his liability is primary and unconditional. Payee: – The person to whom money is to be paid is named in the bill. He is called as payee. Cheque {Sec. 6} Definition:- cheque is a bill of exchange, drawn on a specified banker and not expressed to be payable otherwise than on demand. It includes, the electronic image of a truncated cheque; and a cheque in the electronic form.Essentials characteristics of a cheque:- (a)The definition starts with the â€Å"cheque is a bill of exchange† so it must sa tisfy all the essential features of a valid bill of exchange. (b)It is always drawn on a specified banker. Banker includes any person acting as a banker and any post office saving bank [Sec. 3]. (c)It is always payable on demand and not otherwise. (d) other point * It is drawn on a banker * there are three parties – the drawer, the drawee, and the payee. * It is seldom drawn in sets * It does not require acceptance by the drawee. Days of grace are not allowed to a banker * No stamp duty is payable on checks * It is usually drawn on the printed format Form of cheque: – A cheque may be drawn in 3 forms:- (1. )Bearer cheque: – Expressed to be payable to bearer or the last endorsement is an endorsement in blank. (2. )Crossed cheque: – Cheque that can be collected only through a banker. Promissory Note| Bill of Exchange| * It is promise to pay| * It is anorder to pay| * There are only two parties the drawer, and the payee. | * There are three parties, the draw er, the drawee, and the payee. * There is no necessity of acceptance| * It must be accepted| * The maker is primarily liable| * The drawer is not primarily liable. | * It is never drawn in sets| * Foreign bills are specially drawn in sets. | * Protesting is not necessary after dishonour| * A foreign bill must be protested upon dishonor. | SOME MORE TYPES OF INSTRUMENTS Bearer Instrument [Sec. 13]:- An instrument which is expressed to be payable to bearer or an instrument on which the last endorsement is in blank. Promissory note can not be made payable to bearer.Bill of exchange- can not be made payable to bearer on demand. Order Instrument:- An instrument payable to a specified person or his order. Order instrument can be transferred by endorsement and delivery. Based on location:- Inland Instrument:- A negotiable instrument is an inland instrument if, it is drawn or made in India; It is payable in India or is drawn on a person resident in India. An inland instrument remains inland even if it has been endorsed to a foreign country. Foreign Instrument [Sec. 12]:-A negotiable instrument which is not an inland instrument is called as foreign instrument.Based on payment:- Demand Instrument:- An instrument which is expressed to be payable on demand. An instrument on which time for payment (i. e. maturity date) is not specified. Time Instrument:- An instrument in which time for payment(i. e. maturity date) is specified. A time instrument may be payable- on a specific day; or after a specified period; or certain period after sight; or on happening of an even which is certain to happen. Incomplete / Inchoate Instrument {Sec. 20} Conditions for an inchoate instrument:- (a)A person signs a negotiable instrument. (b)The negotiable instrument is stamped c)The negotiable instrument is either wholly blank or is partially blank. (d)The person signing such negotiable instrument delivers it to another person. Legal effect:- The holder gets a prima facie authority to make or c omplete the negotiable instrument. Liability on an inchoate instrument:- Rights of a person to whom an inchoate instrument is delivered – He can recover only such amount as he was authorized to fill. Rights of holder in due course – He can recover the whole amount stated in the instrument, but not exceeding the amount covered by the stamps. Accommodation Bills {sec. 43}An accommodation bill means a bill which is drawn, accepted without consideration Provision relating to such bills: – ( a) The accommodated party cannot, after he has paid the amount of the bill, recover the amount from any person who become a party to the bill for his accommodation. ( b) The person who become the holder of such a bill in good faith and for consideration, after maturity, may recover the amount from any prior party. Meaning of crossing:- Crossing means a direction given By the drawer of the cheque to the drawee bank, not To pay the cheque at the counter of the bank. The Payment can be collected only though a banker.Types of crossing {Sec. 123 to 131 A} Nature of crossing| Requirements| Effects| Format| General crossing| The cheque must contain two parallel Transverse lines| The cheque must be paid only to a banker| | Special crossing| The cheque must contain the name of a banker. Special crossing may be made only once| Cheque must be paid only to the banker to whom it is crossed. Special crossing can not be converted into general crossing. | | Not negotiable crossing| The cheque must contain the words ‘not negotiable’. The cheque must be crossed generally or specially| The cheque nevertheless remains negotiable.The title of the transferee shall not be better than the title of the transferor. | | A/c payee crossing, i. e. restrictive crossing| The cheque must contain the words ‘A/c payee’ or ‘A/c payee only’. The cheque must be crossed Generally or specially| The cheque does not remain negotiable anymore. Based on transfe r procedure| | Maturity of a Negotiable Instrument {Sec. 22} Meaning:- It means the date on which the negotiable instrument falls due for payment. Days of grace:- A negotiable instrument which is payable otherwise than on demand is entitled to 3 days of grace. Calculation of days of maturity {Sec. 3 to 25} CASE| DATE OF MATURITY| Negotiable instrument payable on a specified day. | Specified day + 3rd day| Negotiable instrument payable on a stated number of days after date| Date on which negotiable instrument is Drawn + stated number of days + 3rd day| Negotiable instrument payable on a stated number of days after sight| Date on which negotiable instrument is presented for sight + stated number of days + 3rd day| Negotiable instrument payable on a stated number of days after happening of a certain event| Date on which such event happens + stated number of days + 3rd day. Negotiable instrument payable on stated number of month after date. | Corresponding day of the relevant month (i. e. , date on which negotiable instrument is drawn + stated number of month) + 3rd day| Negotiable instrument payable on stated number of month after sight| Corresponding day of the relevant month (i. e. , Date on which negotiable instrument is presented for sight + stated number of months) + 3rd day. | Negotiable Instrument payable on stated number of months after happening of a certain event| Corresponding day of the relevant month (i. . , Date on which such event happens + stated number of months) + 3rd day| If the day of maturity of negotiable instrument is a public holiday| Immediately preceding business day| If the day of maturity of negotiable instrument is an emergency or unforeseen public holiday| Immediately succeeding business day| Note: – If in the relevant month, there is no corresponding day, the last day of such month shall be taken. HOLDER {Sec. 8}A holder of a negotiable instrument is a person entitled in his own name to the possession there of and to receive or recover the amount due an negotiable instrument from the parties liable on negotiable instrument. HOLDER IN DUE COURSE {Sec. 9} A ‘holder in due course’ is a person who- *must be a holder. *must have become the holder for consideration. *must have obtained the possession of negotiable instrument before maturity. *must have obtained the negotiable instrument in good faith. PRIVILEGES OF A HOLDER IN DUE COURSE * Every prior party to a negotiable instrument is liable to a HDC. A holder who derives title from HDC has the same right as that of a HDC. * No prior party can set up a defence that the negotiable instrument was drawn, made or endorsed by him without any consideration. * No prior party can set up a defence that the negotiable instrument was lost or was obtained from him by offence or fraud or for an unlawful consideration. Thus, HDC gets a valid title to the negotiable instrument even though the title of the transferor was defective. * No prior party can allege that negotiable instrument was delivered conditionally or for a special purpose only. HDC can claim full amount of the negotiable instrument (but not exceeding the amount covered by the stamp) even though such amount is in excess of the amount authorized by the person delivering an inchoate negotiable instrument. Difference between holder and HDC BASIS | HOLDER| HDC| Consideration| A person becomes a holder even if he obtains the negotiable instrument without any consideration. | A person becomes HDC only if he obtains the negotiable instrument for consideration. | Before maturity| A person becomes a holder even if he obtains the negotiable instrument after the maturity of the negotiable instrument. A person becomes HDC only if he obtains the negotiable instrument before its maturity. | Good Faith| A person becomes the holder, even if he does not obtain the negotiable instrument in good faith. | HDC, a person who obtain the negotiable instrument on good faith. | Privileges| A holder is not entitled to the privileges, which are available for HDC. | A HDC is entitled to various privileges as specified under the negotiable instrument act, 1881. | Right to use | A holder can not sue all the prior parties. | A HDC can sue all the prior parties. | Negotiation {sec 14}Meaning: – Negotiation means transfer of a negotiable instrument to any other person so as to constitute that person the holder of such negotiable instrument. Methods of negotiation: – *Negotiation by delivery – 1. A bearer instrument may be negotiated by delivery. 2. The delivery must be voluntary *Negotiation by endorsement and delivery An order instrument can be negotiated only by way of 1. Endorsement; and 2. Delivery. Endorsement {sec 15} When the maker or holder of a negotiable instrument signs the same *otherwise than as such maker *for the purpose of negotiation on the back or face thereof or on a slip of paper annexed thereto, *or so sign for the same purpose a stamped pape r intended to be completed as a negotiable instrument *he is said to endorse the same, and is called the ‘Endorse’. The person in whose favour the endorsement made is called ‘Endorsee’. EFFECT OF ENDORSEMENT The endorsement of an instrument, followed by delivery, transfers to the endorsee the property in the instrument with right of further negotiation. TYPES OF ENDORSEMENT 1. Endorsement in blank *Endorsement in blank means an endorsement made by the endorser without writing the name of the endorsement. The instrument is payable to bearer even though originally payable to order. 2. Endorsement in full Special endorsement means an endorsement made by a holder by- (a)Signing his name; and (b)Added a direction to pay the amount to a specified person. 3. Restrictive endorsement *An endorsement which restricts the right of further negotiation is called as restrictive endorsement. 4. Partial endorsement *An endorsement which purports to transfer only a part of t he amount of the instrument is called as partial endorsement. Partial endorsement is not valid at law. . Conditional endorsement An endorser may, by express words in the endorsement- (a)Make his liability, or (b)Make the right of endorsee to receive the amount Depend upon the happening of a certain event, although such event may never happen. ACCEPTANCE {Sec. 7 and 86} Meaning of acceptance (sec. 7)| (a) The drawee signs the bill; and (b) The drawee delivers it to the holder of the bill; or the drawee gives notice of acceptance to the holder of the bill. | Effect (sec. 7)| The drawee becomes the acceptor. | Essential of a valid acceptance (sec. )| (a) Written (whether on the face or back of the bill) (b) Signed (signature without the word ‘accepted’ is also valid) (c) Signing on the bill (d) Delivery or intimation to the holder that the has been accepted. | Types of acceptance (sec. 86)| (a) General- Acceptance of bill without any qualification. (b) Qualified- Acceptanc e of bill subject to some qualification (e. g. , accepting the bill subject to the condition that the payment of bill shall be made only on happening of an event specified there in. | Effect of qualified acceptance (sec. 6)| (a) The holder may object to the qualified acceptance. In such a case, it shall be treated that the bill is dishonoured due to non- acceptance. (b) He may give his consent to the qualified acceptance. In such a case, all the previous parties, not consenting to it, are discharged. | PAYMENT IN DUE COURSE 1. Payment is made as per apparent tenor 2. Payment is made in good faith 3. Payment is made without negligence 4. Payment is made in money only. MATERIAL ALTERATION Meaning:- An alteration is called as material alteration if it alters- *the character or operation (i. e. he legal effect) of a negotiable instrument, or *the rights and liabilities of the parties to a negotiable instrument. What is material alteration? | What is NOT Material Alteration? | Alteration regarding-(a)Date,(b)Time of payment,(c)Place of payment,(d)Sum payable(e)Opening a crossed cheque,(f)Relationship between parties,(g)Converting an order cheque into a bearer cheque. | (a)Filling blank of the instrument,(b)Conversion of blank endorsement into endorsement in full,(c)Crossing of Cheque,(d)Conversion a General Crossing into Special Crossing, like addition of word â€Å"A/c payee† or â€Å"Not Negotiable†. e)Cancelling the word bearer and making cheque payable to order. (f)Alternation made with the consent of the parties. | Effect of a material alteration {sec. 87} *Any material alteration of a negotiable instrument renders the same void as against any One who is a party there at the time of making such alteration and does not consent thereto. *But, a material alteration is valid, if it was made so as to carry out common intention of the original parties. Negotiation Back {Sec. 90} MeaningWhen an endorser, after he has negotiated an instrument, again beco mes a holder before its maturity, the instrument is said to be negotiated back to that holder. Effect:- 1. In a negotiation back, none of the intermediate holder / endorsers is liable to the holder. 2. The general rule, that a holder in due course may sue all prior parties to the instrument does not apply. 3. However, where a prior party has excluded its liability on the instrument and the negotiable instrument is negotiated back to him, he may sue all intermediate endorsers. DISCHARGE OF A NEGOTIABLE INSTRUMENT Payment in due course:- A negotiable instrument is discharged if the party primarily liable on the negotiable instrument makes the payment in due course. *When the payment is made, the negotiable instrument must be cancelled or the fact of payment must be recorded negotiable instrument. Cancellation:- Where the holder cancels the name of the party primarily liable on the negotiable instrument, with intent to discharge him, the negotiable instrument is discharged. Release:- W here the holder releases or renounces his right against the party primarily liable on the negotiable instrument, the negotiable instrument is discharge.Negotiation back:- Where a party primarily liable on a negotiable instrument becomes the holders of the negotiable instrument, the negotiable is discharged. DISCHAGE OF A PARTY {Sec. 82 to 90} Payment:- Payment by a party who is secondarily liable on a negotiable instrument discharges the holder and all parties subsequent to the party making payment of the negotiable instrument. Cancellation:- Where the holder cancels the name of any party liable on the negotiable instrument (other than the party primarily liable on the negotiable instrument), such a party and all parties subsequent to him are discharged.Release:- Where the holder releases any party liable negotiable instrument (other than the party primarily liable on the negotiable instrument), such a party and all parties subsequent to him are discharged. Allowing drawee more than 48 hours to accept:- All prior parties not consenting to the same are discharged from liability to such holder. Qualified acceptance:- Where a holder of the bill consents to qualified acceptance, all the prior parties who did not consent to qualified acceptance are discharge. Material alteration:- Every party not consenting to a material alteration negotiable instrument is discharged.Negotiation back:- Where a party already liable on the negotiable instrument becomes the holder of negotiable instrument, such a party and all intermediate parties to whom such a party was previously liable shall be discharge. Operation of law:- *A party is discharged if the negotiable instrument becomes time barred. *A party is discharged if he is declared as an insolvent by the court. Dishonour by Non- Acceptance {sec. 91} A bill is dishonoured by non- acceptance if it is duty presented for acceptance, but the drawee refuses to accept the bill.Cases in which bill are dishonoured by non- acceptance:- (a) When the drawee makes default in acceptance upon being duly required to accept the bill. (b) In case there is two or more drawee who are not partners, if the bills is not accepted by all the drawee. (c) Where the drawee is a fictitious person. (d) When the drawee can not be found even after a reasonable search. (e) When the drawee is incompetent to contract. (f) Where the drawee gives a conditional acceptance and the holder does not give his consent to the conditional acceptance.Effect:- *The holder gets an immediate right to sue all the prior parties. *He need not wait till the maturity of the bill for it to be dishonoured on presentment for payment. Dishonour by Non- Payment {sec. 92} A negotiable instrument is dishonoured by non- payment, when presentment for payment is excused and the instrument remain unpaid after maturity- In case of| Default in payment made by| Promissory note| Maker of the note| Bill of Exchange| Acceptor of the bill. | Cheque| Drawee of the Cheque. |

Willy Loman Tragic Hero Analysis - 971 Words

Death of a Salesman by Arthur Miller is a play of multiple tragedies. The word tragedy is defined as â€Å"a dreadful, or fatal event or affair; disaster†. The main character, Willy Loman, shows how one dream can become a disaster through his impractical dreams and failing at achieving these goals. Not only does he fail at his dreams, he participates in an affair that is against morals. The idea of a tragic hero is defined as â€Å"a great or virtuous character in a dramatic tragedy who is destined for downfall, suffering, or defeat†. Miller believes that the common man is the best tragic hero because it shows that the average, everyday man struggles to achieve goals in life. He thinks the common man fights to maintain self-worth and dignity. Willy†¦show more content†¦Empathy from the audience is also shared when Loman has mental struggles. â€Å"I realize I’m goin’ sixty miles an hour and I don’t remember the last five minutes,† Wi lly explains this feeling to Linda. It shows that he physically can’t control his mind sometimes and makes the illness a weak spot for him. Willy’s funeral was also a let down to his life and makes the audience feel sorry for him; he expected lots of people to attend the funeral, when in reality only his family and neighbor showed up. It was his only wish for the funeral and it didn’t happen. Willy Loman makes an ill decision to commit suicide, but was not intended to harm any of his loved ones. The purpose of his suicide was to give the life insurance money to his family so that they no longer had to struggle. â€Å"Does it take more guts to stand here the rest of my life ringing up a zero?† Willy realizes the benefits of completing this act; he wants to do something for his family. Not only is Willy able to support his family, but he is able to escape all of the failures he has been through in his life. He would no longer have to deal with being a bad father, the affair with his wife, not being a successful salesman, and not being able to support his family. Willy will no longer have to live a life that ehe doesn’t enjoy. With theShow MoreRelatedWilly Loman Tragic Hero Analysis956 Words   |  4 Pagesis revolved around the concept of tragedy and a tragic hero. Aristotle defines tragedy as â€Å"the consequence of a man’s total compulsion to evalu ate himself justly†. A tragic hero is defined as â€Å"a literary character who makes a judgement error that inevitably leads to his/her own destruction†. These two concepts apply to the play in the sense that Willy Loman is a man of good intentions, but there is often an undesirable outcome of them. Also, Willy is a victim of himself and his own beliefs. ArthurRead More Modern Tragic Hero Essay1304 Words   |  6 Pagesfeatures the life of Willy Loman, a delusional salesman with a grandiose plan to live the American dream. As a result to the tragic events of Willy Loman’s life starting with his father’s abandonment, and ending with his suicide, Willy Loman never lives the life he has always dreamed. Although, arguably discredited as a tragic hero, Willy Loman attains the qualities essential to credit him as a tragic hero of modern times. Whether or not Willy Loman is a tragic hero in Death of a Salesman’sRead MoreEssay about The American Dream in Death of a Salesman1371 Words   |  6 Pagesview of Willy Loman as a tragic hero because he is convinced that the way to achieve a better life is by living the American Dream. Willy Loman believes that he will find success with the American Dream through his likable personality. Yet, he dies without it, which adds to his tragic downfall. In the play, the American Dream is a misguided perception of success by both Willy Loman and his family. For Willy, the key to achieving success is being well liked. This is a concept that Willy Loman regardsRead MoreWilly Loman as a Tragic Hero in Arthur Millers Death of a Salesman1218 Words   |  5 PagesWilly Loman as a Tragic Hero in Arthur Millers Death of a Salesman Should Willy Loman of Arthur Millers classic, Death of a Salesman be regarded as a tragic hero, or merely a working-class, socially inadequate failure? Described by Miller as a self-destructive, insecure anti-hero, it seems almost impossible for Loman to be what is known as a tragic hero in the classical sense, but with the inclusion of other factors he maybe a tragic hero, at least in the modernRead MoreDeath of a Salesman1332 Words   |  5 Pagesplay’s titular character in Death of a Salesman, Willy Loman is viewed by many as the definitive modern tragic hero of modern literature. He is a man struggling to gain upward mobility in a society designed to keep him in the trenches. The classic idea of a tragic hero is an important person who falls from a lofty seat in life. Willy, however, is just a common man trying to get to a place he can fall from. According to Arthur Miller, a tragic hero need not be a king or anyone of high rank. What’sRead MoreHamartia in Oedipus Rex and Death of a Salesman834 Words   |  3 Pagesleading to the downfall of a tragic hero. Aristotle defines a tragic hero to be a man â€Å"who is not completely good and just, whose misfortune is brought out not by vice or immorality, but by some error or weakness.† The three key requirements of Aristotle in regards to a tragic hero are; a high social standing, goodness or moral excellence, or error committed by the hero in unawareness or ignorance. Two quality examples of men that portray Aristotle’s idea of a tragic hero, and who also fit the threeRead MoreDeath of a Hero in Modern Tragedy Essay607 Words   |  3 PagesDeath of a Hero in Modern Tragedy *No Works Cited Is there anything that can evoke more emotion from an audience than a heros downfall? The most effective plays in history, from Oedipus , the most famous of all tragedies, to plays like Romeo and Juliet , tragedies are always the plays with the greatest emotional impact on an audience. There are many critics who believe that tragedies can no longer be effectively written in todays world. These critics believe that the tragic mode isRead More Death of a Salesman is a Tragedy as Defined in Millers Tragedy and the Common Man1046 Words   |  5 PagesSalesman. The first major standard of tragedy set forth is:   â€Å"...if the exaltation of tragic action were truly a property of the high-bred character alone, it is inconceivable that the mass of mankind should cherish tragedy above all other forms.† All persons regardless of background, nobility stature, rank, or pretended or actual social division can innately empathize with the tragic hero. In the case of Willy Loman there is a certain familiarity. He is the proverbial man down the block; indeed weRead MoreDeath of a Salesman and Oedipus Rex1348 Words   |  5 PagesAccording to Aristotle, a tragic hero can be distinguished as one who can identify the source of his downfall. In Death of a Salesman, Willy Loman’s character refutes Aristotle’s theory, as he is notorious for blinding himself from the truth which appears quite obvious to others around him. As a salesman throughout his life, Willy’s set his life’s goals on materialistic things and ultimat ely he does not achieve those goals. Distinctly opposite to Willy, Oedipus in the play Oedipus Rex enters lifeRead MoreDeath Of A Salesman Tragedy Essay1365 Words   |  6 PagesDeath of a Salesman is a tragic play written in 1949 by Arthur Miller. The story is about a salesman who lost his identity after having an affair with another woman and can’t seem to accept the changes in his life since the event. The story has been performed in theaters and shown on film for many years. Lee Siegel, a writer for The Nation explains the role of Death of a Salesman in the entertainment industry: Every ten years or so, Death of a Salesman is revived, and every ten years we get the