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ELEMENTS OF TORT IN THE LIEBECK ap art history homework help: ap art history homework help

ELEMENTS OF TORT IN THE LIEBECK VS MCDONALD’S CASE

by Arnold Makori

23/11/2020

 

 

The case involving Mcdonald’s company and Stella Liebeck is an example of a tort case(HOT COFFEE, a Documentary Feature Film, n.d.). Tort law involves the balance between running one’s interests freely without interferring with or harming others and meeting compensation when such harm occurs. This article reviews the suit filed by Mrs.Liebeck against Mcdonald’s company and its connection to tort law.

Mrs.Liebeck’s account was that she made a quick stop at a Mcdonald’s shop to grab a takeout cup of coffee. She proceeded to the front passenger seat of her car stopped at the shop’s parking lot. She had held between her knees while removing the lid to add cream and sugar. Unfortunately, the cup tipped and spilled all the coffee on her lap(HOT COFFEE, a Documentary Feature Film, n.d.). Mrs.Liebeck suffered third-degree burns which required skin grafts.

Evidence presented against Mcdonald’s company emphasized their faulty public policy. Their operational manual required that coffee be held at 180 to 190 degrees farenheit(HOT COFFEE, a Documentary Feature Film, n.d.). They admitted to knowing about the risk of serious burns through suits and claims brought to them. Mcdonald’s quality assurance manager testified that their coffee, at that temperature, was not fit for consumption because it would burn the mouth and throat. Mcdonald’s also admitted that consumers were unaware of the extent of risk of serious burns from their spilled coffee yet the company never warned them of the risk.

The jury found the defendant partially at fault for her injury. However,based on tort law,the company’s actions towards their genereal consumer were regarded as negligent. Mcdonald’s failed to correct a policy despite numerous claims of people sufferring injuries from their spilled coffee. It was in order that the company compensates Mrs.Liebeck for her injuries.

HOT COFFEE, a documentary feature film. (n.d.). Retrieved November 23, 2020, from http://www.hotcoffeethemovie.com/default.asp

 

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Linguistic Analysis of the Puzzle of Motivation ap world history homework help

 

 

Linguistic Analysis of the Puzzle of Motivation by Dan Pink Speech (TED 2009)

 

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Human language structures in different settings allow linguistics to interpret the inner attributes present in the communication and expression of ideas, emotions, and hypothesis more often through speeches. Over time language as a component of human behavior changes depending on the natural evolution that circulates trade and migration, the invention of new technology, and the development of new meanings of traditional words hence the need for Linguistics. The article point of convergence addresses the linguistics approaches such as morphology, syntax, semantics, and phonetics, among others, that encodes the generalization of language structure in the famous speech of Dan Pink trying to educate the globe on the puzzle of motivation.

 

Dan Pinks’s speech’s general structure features different variations of linguistic approaches that require an in-depth analysis. The first sentence in the speech opens up the audiences’ mind by integrating them to be part of the thematic concept in the speech. The speech uses the potent opening formula as he states, “I need to make a confession…” confess and mystery to the audience, which later transforms into laughter. The introduction similarly showcases the existence of phonetics as the speaker, in reinforcing his sentiments on “confession,” interconnects different vocal organs of the lips and the teeth to produce a stressing sound that captures the attention of the audience. The speech of the sound in the introduction also shapes the beginning of the research differentiating it from a typical perceive sound that often backs up the speaker. He uses exact words that show sound in authority by claiming, “I don’t want to tell do not story. I want to make a case. I want to make a hard-headed, evidence-based, dare I say lawyerly case for the rethinking how we run our businesses”. (1.34). The phonetics behind the thesis statement gives the audience the dominant central theme the talk is going to head, assuring them of evidence supporting his works.

 

In portraying his mastery of speech presentation, Pink uses the body language technique in many speech instances. The use of gestures and body movements allows the speaker to add strength in the communicative verbal language creating attention and a general understanding of the venue’s attendees. Looking at the speech’s video, he showcases an absolute strength of gusto and energy by creating a facial connection with the audience. Additionally, he predominantly moves his hands down, symbolizing the low, medium, and high profits that come with the presentation’s proposed business. Phonology alternatively dominates the speech in many instances as the speech dominates the use of different cognitive aspects allowing the audiences of different dialects to interpret the messages’ soundings as it bridges the language barrier. The conclusion of the speech ends “I rest my case.” (18:28), showing the phonological context between “rest and case” in the sentence structure. The speech uniformly embraces morphology as the speaker formulate creative words in his mind allowing the audience to master new knowledge of the theme in a different and more convincing setting. Morphology exists in the speech when the speaker uses ironical words to create sentences by referring to his audiences as “ladies and gentlemen of the Jury…” (1.51), showing his vast creativity of amusing the audiences to make the speech more lively.

 

Moreover, the speech brings the linguistic of syntax through the standard formation of sentences that flows from one paragraph to another. In the middle partway of the speech, Pink’s interconnects the audience with the central theme of the topic highlighting the use of syntax through his saying, “Think about your work… everybody in this room is dealing with their version of the candle problem” (7:49) recognizing the numerous challenges that people face in the event of strenuous labor. Pragmatic as another linguistic approach shows the richness of the language used as the author uses the concept in the first part of the speech to show hilarity and contrast as he claims, “I graduated in the part of my law school class that made the top 90% possible.”

 

Conclusion

The above linguistic analysis captures the entire concept of the speech from the first instance to the conclusion concept from (1: to 18.02 seconds). The evaluation of the speech explains the evolution of human language hence the need to integrate linguistic as a study to allow the intricacies of global dialects that are dominant.

 

References

Global, T. (2009, August) Dan Pink: The puzzle of motivation. Retrieved April 03, 2013, from TED

 

The Avant-garde movement engulfs artists history assignment writing help: history assignment writing help

 

Listening and Writing Assignment

04/12/2020

 

The Avant-garde movement engulfs artists, writers, composers, and thinkers whose work is experimental or unorthodox in terms of art, culture, and society. Avant-garde movement separates itself from the artificially synthesized mass culture that has been produced by industrialization.

In relation to Jazz, the Avant-garde Jazz is a type of Jazz that works within the confines of traditional structures while seeking to breach boundaries in some manner or sometimes radically depart from traditions altogether.

Avant-garde jazz originated in the mid-to-late 1950s as a critic of the conventions of bebop and posted bop in an effort to blur the division between the written and the spontaneous. It came to be applied to music differing from free jazz, emphasizing structure and organization using composed melodies, shifting meters and tonalities, and distinctions between soloists and accompaniment.

 

On the other hand, Neo-traditionalist movement engulfed artists who found greater aesthetic affinity for acoustically-based, swinging, melodic forms of jazz than for free jazz and jazz fusion that had gained prominence in the 1960s and 1970s. Today, artists who still perform Neo Bop often dress in the fashions of the country music scene of the 1940s, 1950s, and early 1960s.

In relation to Jazz, Neo-traditionalism, or as it is popularly known, “Neo Bop”  was born as a reaction to the perceived blandness of the mainstream country music at the time, which had been influenced by the rise of the “urban cowboy” fad. It contains elements of bebop, hard bop, and modal jazz.  Neo-bop was also embraced by established musicians who ignored the avant-garde and fusion movements or returned to music based on more traditional styles after experimenting with them.

 

It is without any doubt that the Avant-garde movement has had a greater impact on Jazz as it is performed today. With the evolution of technology and culture, the fan base of Jazz seems to be more attracted to art, which has an unseen appeal. The Avant-garde movement made this possible by separating itself from the normal ways of producing and performing arts and music.

One of the artists performing Avant-garde Jazz is Ornette Callman. Ornette Coleman’s groundbreaking 1959 Atlantic Records album “The Shape of Jazz to Come” has become an iconic part of the jazz canon. One of the trucks in this album is called “Lonely Woman.” The song depicts the following which today’s Jazz revolves around: Simple melodies that have immense amounts of feeling and impact, phrases not being placed right in the rhythmic pocket so as to make a solo feel good, and finally, good melodic developments that keep a listener interested even if the harmony is bare.

As for Neo Bop, we have iconic musicians, for example, Kenny Barron. The best album credited to Kenny Barron is “Peruvian Blue,” ranked number 80,173 in the overall most excellent album chart. Through the album, Kenny Barron still upholds the contemporary old forms of Jazz, be it through the use rhythm or tone.

Different kinds of technologies and Cultures have had a remarkable effect on both the Neo traditionalist movement and also the Avant-garde movement. This is because as the society continues to expand technologically and culturally, the music industry continues to expand as well.  For Neo traditionalist movement, culture has had a huge impact in terms of how the artists dress, what they sing about, and how they sing. A bigger percentage of the society today associates itself with a more futuristic dressing and more pressing subjects concerning change.

As for Avant-garde movement, Technology has had a positive impact especially on music production. The use of advanced technology is the easiest route to creating and producing a unique masterpiece. This is achieved today by using technologies such as effect pedals, looper apps, and music libraries.

 

The Dangers of the Unrestrained Pursuit history assignment help writing services

 

The Dangers of the Unrestrained Pursuit of Knowledge in Frankenstein.

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Ever wondered whether too much-unpossessed knowledge is dangerous. Well, it is natural for human beings to have desires to accomplish some great purpose in life and thus they are curious about some hidden truths within the universe. However, such pursuit beyond human limits is not often with desirable results as it sometimes leads to one’s demise as seen in “Frankenstein; or The Modern Prometheus” by Mary Shelley. Central to Frankenstein’s story is the concept of knowledge and the consequences of pursuing it beyond human limits.

“Frankenstein; or The Modern Prometheus” was first published in London, England in 1818. The ghostly scenes in the text have since initiated great influence in the field of literature as well as arousing many critical questions about humanity. The story begins with an introduction and a short preface highlighting briefly the circumstances that led to the creation of the story. The story is knitted from a recollection of letters sent from Captain Robert Walton to his sister. Chapter one introduces the reader to some of the main characters in the text and most importantly, the reader is introduced to the main narrator Victor Frankenstein.

Victor Frankenstein is the main character in the story. He is a young Swiss boy who grows up in Geneva learning a lot of knowledge from ancient times. Later he joins the University of Ingolstadt and pursues his ambition in science. Other than being an apt student, since he masters all that is taught by his professor, victor also has unusual cravings to discover the “secret of life”. The incidents that follow are instrumental in the development of the major themes behind the author’s mind. Observably, the story covers a myriad of themes but the dangers of the unrestrained pursuit of Knowledge are fundamental.

Victor Frankenstein’s pursuit of knowledge is the source of all his problems. His story is captured in the series of letters and chapters presented in the text. From the text, one finds out that Frankenstein undergoes series of changes from an innocent scholar fascinated with science into a disillusioned, guilt, dreadful, and misery-stricken fellow. By and large, Frankenstein is living a doomed life and even dies without achieving his goal nor peace. This invites one to wonder, what could be the genesis of all his unending misery.

A critical analysis of the text will reveal that Frankenstein’s desires contribute to his fatal end and the many challenges and losses he experiences. From the story, Victor wants to pioneer a new way, explore unknown powers, and unfold to the world the deepest mysteries of creation. Initially, Frankenstein believes that the possibility of creating a new species will be a blessing to him (Frankenstein). He embarks on a precarious mission to be a creator and yet little does he know that his very own creation will be the source of all his problems.

The author highlights the idea that he who increases knowledge increases sorrow. Observably, like Frankenstein’s knowledge increase to greater heights, his well-being is descending to lower depths. From the text, it is clear to say that attainment of knowledge and individual well-being is inversely proportional. Similarly, acquiring more knowledge is not directly proportional to success and happiness. The text highlights that Frankenstein always equated scientific discoveries to happiness and a sense of accomplishment. Frankenstein takes pride in acquiring scientific knowledge to be a creator since he often conceived knowledge to be equal to light. He says “. . . life and death appeared to me ideal bounds, which I should first breakthrough, and pour a torrent of light into our dark world (Chapter 4). However as the events unfold, his ambitions turn out to be ill perceived. Instead of being happy with his creature, the creature turns out to be a tormentor. He is tormented by his very own creation that he thought would be the source of blessing and probably  . . . “many happy and excellent natures would owe their being to [him].” (Chapter 4)

The desire to accomplish some great purpose has brought more harm than good to Frankenstein. From the story, one will learn that Frankenstein pays dearly for his desires as seen in the series of misfortunes that trailed him throughout the novel. Soon after finishing creating his creature, as narrated in chapter five, Frankenstein is frightened by the appearance of the creature and he catches a nervous fever and falls sick. First, he loses his brother William who is murdered by the monster. Later in the text, we learn that the monster created by Frankenstein is unhappy since he has difficulties interacting with humans. The Monster wanted to strike a relationship with humans but after series of failed attempts he finally decides to direct his misery and anger to his creator (Frankenstein). “. .  . from that moment I declared everlasting war against the species, and more than all, against him who had formed me, and sent me forth to this insupportable misery (Shelly 163)”. Frankenstein is then met with the Monster when he comes home for the funeral. The two strikes a deal yet ironically, Frankenstein is fully aware that the Monster killed his brother. He is not aware that this is just but the beginning of his sorrows; the chicken has come home to roost.

Next, Frankenstein is convicted for murdering his friend Henry Clerval. From the text, we learn that it is not Frankenstein who directly murdered his friend but his creation thus making him an accomplice. In the twentieth and one later, Frankenstein is frightened to death and finds it difficult to calm himself before the magistrate. Frankenstein says “the first part of this deposition did not in the least interest me; but when the mark of the fingers was mentioned, I remembered the murder of my brother, and felt extremely agitated; my limbs trembled, and a mist came over my eyes, which obliged me to lean on a chair for support” (Chapter 21). The situation continues to worsen as the monster continues with his heinous endeavors. The number of fatalities now stands at three, William, Justine (who is executed for the crime she did not do), and now Henry. All these are attributed to the monster that Frankenstein created. Instead of bringing joy and a sense of accomplishment as earlier perceived, the knowledge has brought gloom, disillusionment, and a sense of guilt in Frankenstein’s life. Frankenstein is now living a doomed life due to his strange hunger for knowledge.

The fact that the monster created too is unhappy after gaining knowledge of the world reinforces the fact that too much knowledge is dangerous. The monster is in deep sorrow and misery even with all knowledge that even surpasses his master’s intellects.  The monster asks his creator (Frankenstein) to create him (monster) another mate of his kind. When Frankenstein refuses to do so due to fear that the monster will haunt him more, the monster turns against him (Frankenstein) and becomes his incessant enemy. However, the source of Monster’s misery is rooted in Frankenstein’s unusual desires to be a creator. Furthermore, the Monster would have been better off without much knowledge that he acquires over time. As the story progresses the reader finds out that the monster learned a lot about the world including human language, behavior, capabilities, virtues, and vices. Just like Frankenstein, he too acquires a lot of knowledge through books as he seeks to find acceptance with mankind. The monster confesses that “I can hardly describe to you the effect of these books. They produced in me an infinity of new images and feelings, that sometimes raised me to ecstasy, but more frequently sunk me into the lowest dejection” (Chapter 15).   It is during this pursuit that he (the Monster) discovers his disabilities and grotesque appearances. These occurrences confirm the central idea that the pursuit of unrestricted knowledge is sometimes fatal.

“I found myself similar yet at the same time strangely unlike the concerning whom I read and to whose conversation I was a listener. I sympathized with and partly understood them, but I was unformed in mind; I was dependent on none and related to none. ‘The path of my departure was free,’ and there was none to lament my annihilation. My person was hideous and my stature gigantic. What did this mean? Who was I? What was I? Whence did I come? What was my destination? These questions continually recurred, but I was unable to solve them”. (Chapter 15)

Other than Frankenstein and the Monster, Robert Walton as well is met with the same predicament as he attempts to surpass previous human exploration. The text occurrences unveil while Walton is on an expedition to reach the North Pole. Just like Frankenstein, Walton is also chasing after the secrets behind “country of eternal light” (Walton’s first later to his sister). Walton is seeking the ultimate knowledge that is never known to human beings. “I shall satiate my ardent curiosity with the sight of a part of the world never before visited and may tread a land never before imprinted by the foot of man (Letter 1). Although he hopes that the voyage shall be fruitful, it turns out that he was mistaken. From the text, it is without a doubt that the mission is treacherous and full of uncertainties as he finds himself trapped in ice-cold and other predicaments. “. . .we were nearly surrounded by ice, which closed in the ship on all sides, scarcely leaving her the sea-room in which she floated. Our situation was somewhat dangerous, especially as we were compassed round by a very thick fog” (The fourth letter).  The first letter to his sister is reassuring and full of hopes and determinations to satisfy the innate curiosity of the explorer. His all devotion to accumulating knowledge and skills end up being a waste as he ends up terminating his pursuit. Therefore, the ambitious pursuit of unrestricted knowledge is dangerous.

The author further highlights the importance of wisdom when pursuing knowledge. The occurrences of the story indicate that knowledge without wisdom is tragic. It is without a doubt that Frankenstein is a brilliant and ambitious scholar with a vast knowledge of scientific principles. However, Frankenstein pursuits his superhuman ambitions with incredible zeal. Frankenstein Joins the University of Ingolstadt in Germany and finds out that the sciences there were different from what he had earlier learned at home. Even so, his taste for superhuman knowledge is extraordinary and he pursues it without wisdom thus leading to a fatal end. The author uses Walton to wittingly convey the message on why human beings should have principles and guidelines when pursuing ultimate knowledge and discoveries. Walton is therefore presented to the reader as a foil to highlight the differences that exist between him (Walton) and Frankenstein. Frankenstein’s obsession has come to a fatal end but Walton still has a chance to back down his treacherous voyage and save his life. Although with much regret, Walton finally makes his decision to return home. He says “The die is cast; I have consented to return if we are not destroyed. Thus are my hopes blasted by cowardice and indecision; I come back ignorant and disappointed. It requires more philosophy than I possess, to bear this injustice with patience” (Chapter 24). Similarly, it a strong warning to any individual planning to embark on such missions as Frankenstein’s and Walton’s.

It is also a pitiful reality to witness the powerlessness of human beings over their creation. From the experiences in the text, one finds out that Frankenstein is unable to reverse his actions. From the onset of the story, Frankenstein appears to be well versed with scientific knowledge and principles which is further proved by his abilities to create. However, when he finally accomplishes it, he is met with sad realities, fear-stricken and he is unable to salvage himself. In chapter 4 Frankenstein relates that “. . . but now that I had finished, the beauty of the dream vanished, and breathless horror and disgust filled my heart. Unable to endure the aspect of the being I had created, I rushed out of the room, and continued a long time traversing my bed-chamber, unable to compose my mind to sleep.” His attempts to forget the problems are fruitless as he further says “. . . and I threw myself on the bed in my clothes, endeavoring to seek a few moments of forgetfulness. But it was in vain: I slept, indeed, but I was disturbed by the wildest dreams” (Chapter 4). His acquisition of knowledge is thus worthless as it does not help him in times of need. The text, therefore, presupposes that human beings are too vicious and does not have all that it takes to be creators. The creation of new life is going beyond the line and the pursuit of it is futile as indicated in the text. The author in this case manages to showcase the double-edged nature of knowledge as it can sometimes delight and other times dismay. Pursuing exceeding knowledge is therefore a fatal endeavor in its entirety.

Nonetheless, human beings have an insatiable appetite for more knowledge. Even with the horrible events experienced in the text, it is still within human nature to want to satisfy their curiosity and pursuit to accomplish great achievements in life. Human beings will always attempt to reach beyond current human limits regardless of the conditions and consequences. Frankenstein is somehow aware of these innate characteristics and exclaims that if anyone will endeavor to explore undiscovered knowledge and secrets then one should be cautious less he/she succumbs to the same predicaments he faced. As seen in Frankenstein’s words “and I ardently hope that the gratification of your wishes may not be a serpent to sting you, as mine has been.” (The fourth letter).

Observably, Frankenstein manages to convince his reader into believing the occurrences of the story without necessarily subjecting it o scientific standards of evidence. The reader is made to content with the internal evidence projected in the occurrences of the tale. The author wittingly employs several linguistic devices including foreshadowing, personification, allusions as well as a captivating tone and mood to win the attention and feelings of the audiences. For instance, foreshadowing creates suspense on the part of the reader and the urge to know more. Furthermore, the author employs a different point of view in narrating the numerous scenes in the story. The story is scary but with a lot of lessons. It should be noted also that from the introduction of the story, the author intends to write a mysterious story that would awaken thrilling horrors in the reader. The author’s sleepless nights and pain to conceive a ghostly story does not go in vain because the story achieves her (Shelly’s) desires. The reader is terrified as well.

In conclusion, due to the various occurrences in the story, one will hint that Frankenstein’s text is a cautionary tale not only for Robert Walton but also to the reader and most importantly to all humanity pursuing certain kinds of knowledge. The words of Frankenstein will always echo in the mind of the reader and make him/her realize that the pursuit of unrestrained knowledge is fatal. Similarly, one will learn about the importance of some ethical values when pursuing various discoveries and secrets. For instance, the fact that Frankenstein had the knowledge that would create the creature does not necessarily mean that he should have created it. Feasibly, it is wise to leave nature’s deepest mysteries unsolved because the attainment of knowledge as seen in the text demonstrates the fact that it causes more harm than good.

 

Work Cited

Fraser, Hilary, and Daniel Brown. English Prose of the Nineteenth Century. Routledge, 2017.

Shelley, Mary. “Frankenstein or the Modem Prometheus.” London: Printed for Lackington, Hughes, Harding, Mayor & Jones (1818).

http://www.gutenberg.org/ebooks/42324

Obrazović, Alen. “Monstrous Appearance and the Element of Unknown: A Parallel Reading of Mary Shelley’s Frankenstein and Contemporary Media Narratives on Migrant Crisis in Europe.” XA Proceedings 2.1 (2019): 146-157.