Tuesday, August 6, 2019
Sterilization And Aseptic Technique Biology Essay
Sterilization And Aseptic Technique Biology Essay This experiment was done to learn proper way of using aseptic technique and sterilization by isolating pure culture of bacterial. Afterwards, the bacterial cells in a sample and their optical density were determined. First of all, various sterilization methods were introduced. Sterilization is important in a sense that it ensures there is absolutely no contamination in the glassware or apparatus used in the lab. Different sterilization methods are used for different materials. One of them is autoclaving. Autoclaving machine uses high-pressure steam to sterilize and therefore, heat resistant plastics, glass or solutions can be sterilized by autoclaving. As the temperature of the steam is above 100 oC, the organisms cannot survive. Second sterilization method is radiation. As heat sensitive plastics does not have resistance to heat, autoclaving cannot be used and these are often sterilized by using radiation such as UV, gamma-ray or X-ray. The last method is filter sterilization. Some solutions are heat labile, and to sterilize these kind of solutions, filter sterilization can be used. This technique uses the fact that microorganism is around 5micrometer by 1micrometer, and if the filter has a smal ler diameter, microorganisms cannot pass through the filter.(1) In part B, aseptic technique is learned. This technique prevents any kind of contamination while handling the glassware or transferring. To be more specific, it prevents any contaminant to be introduced in the area of interest. The first step of this technique involves wiping the lab bench with 70% ethanol, which would kill most microorganisms. Then, Bunsen burner is turned on, and the movement of the air goes upwards. Therefore, it minimizes the chance of microorganisms landing on the media of interest. In addition, briefly heating glass tube mouths and minimizing the time of opening lids minimizes contamination.(1) Using aseptic technique, streaking technique was used to isolate single colonies. To do this, a pure culture of the target microorganism is taken. Then, with an inocular loop, which is flamed with Bunsen burner until red hot, it cooled down. Afterwards, take a bit of pure culture with the loop and streak lines in the medium. The streaking lines should not cross each other to avoid too much diluting. After streaking, colonies are grown. To count the number of cells, viable cell count method is used. Viable count is only useable with singles colonies and not bacterial lawns. Therefore, in order for cell to have single colonies, appropriate dilution of the bacteria is necessary. The dilution helps for spreading of the cells on the agar. For this, serial dilution, which was introduced last project can be useful. Then, the number of viable cells can be obtained by counting the number of colonies that have developed multiplied by the respective dilution factor. (2) Material and Methods: All procedures are performed according to the BIOL 368 lab manual (Concordia Biology Department 2013) except for the following modifications: for the contamination part, we used shoe, finger, E. coli, and E. coli with 70% ethanol. Results: Colony isolation by streaking First of all, the color of the bacteria in all the plates are thick beige colored. In streak 1, extremely small and many colonies were observed. The size of the colonies were very small, they were circular, opaque and smooth. There are 123 colonies. Streak 2 shows chain of bacterial formation, but the number of the colonies is decreased from streak 1. The number of colonies were 60. They were larger than the colonies in streak 1, opaque, circular and smooth as well. In streak 3, single colonies are observed. None of them was huge, but they were larger than the colonies from streak 2. They were opaque, circular and smooth as well. About 9 colonies were observed. In the 4th streak, no single colony was observed. As a result, single colonies of a pure E. coli strain was successfully isolated. Viable count Table 1. Raw data of viable count of my group. Dilution 10-4 10-5 10-6 Number of colony Too many Too many 252 Viable count (cfu/ml) 2.52 x 109 Sample calculation: Viable count at 10-6 dilution: Since the plate, -6, has 252 colonies which is in the range of 100-300, I picked the plate to calculate cfu/ml. 252 x 10/10-6 =2.52 x 102 x 107 =2.52 x 109 cfu/ml Table 2. Raw data for viable count for all section Dilutions Colony count Group 1 Group 2 Group 3 Group 4 Group 5 Group 6 Group 7 Group 8 Group 9 Group 10 Section 1 10-4 lawn lawn lawn lawn lawn lawn lawn à £Ã¢â ¬Ã¢â ¬ lawn lawn 10-5 360 lawn 1848 lawn 1028 2168 696 à £Ã¢â ¬Ã¢â ¬ 3040 1646 10-6 78 287 441 270 234 347 363 à £Ã¢â ¬Ã¢â ¬ 300 306 Section 2 10-4 920 >300 Lawn Lawn Lawn >300 >300 Lawn Lawn Lawn 10-5 249 >300 590 >300 Lawn >300 >300 406 >300 189 10-6 23 231 189 269 384 222 265 154 180 108 Section 3 10-4 too many >1000 too many too many too many too many too many too many too many too many 10-5 too many >1000 too many too many too many too many too many too many 544 too many 10-6 194 420 258 252 295 217 240 197 79 224 Table 3. Viable count for all section data (for 10-6 dilution) Section Group Number of colonies Cfu/ml 01 1 78 7.8.E+08 2 287 2.87.E+09 3 441 4.41 E+09 4 270 2.70 E+09 5 234 2.34.E+09 6 347 3.47E+09 7 363 3.63E+09 8 9 300 3.00E+09 10 306 3.06E+09 Max 441 4.41E+09 Min 78 7.8 E+08 Average 291.8 2.92 E+09 Standard Dev. 94.40 2.67E+08 02 1 23 2.3.E+08 2 231 2.31.E+09 3 189 1.89.E+09 4 269 2.69.E+09 5 384 3.84.E+09 6 222 2.22.E+09 7 265 2.65.E+09 8 154 1.54.E+09 9 180 1.80.E+09 10 108 1.08.E+09 Max 384 3.84.E+09 Min 23 2.3.E+08 Average 202.5 2.02.E+09 Standard dev. 93.09 9.31E+08 03 1 194 1.94.E+09 2 420 4.20.E+09 3 258 2.58.E+09 4 252 2.52.E+09 5 295 2.95.E+09 6 217 2.17.E+09 7 240 2.40.E+09 8 197 1.97.E+09 9 79 7.9.E+08 10 224 2.24.E+09 Max 420 4.20.E+09 Min 79 7.9.E+08 Average 237.6 2.38.E+09 Standard Dev. 81.55 8.16.E+08 Max 441 4.41.E+09 Min 23 2.3.E+08 Average 242.3 2.42.E+09 Standard Deviation 96.75 1.15E+09 Sample calculation for STD DEV. (section 1):= 94.40 Bacterial cell count by optical density Table 4. Cell density for My Group: OD600 of diluted cultures (Au) E. Coli Count of diluted Culture (cells/ml) Original Culture (cells/ml) Me 0.427 2.18108 2.18109 Partner 0.436 2.14108 2.14109 E. Coli Count of diluted Culture: 0.202 x (5x 108) = 1.01108 Original Culture: 1.01108 x 10 = 1.01109 Table 5. Raw OD600 values for all sections (unit: Au) Group Section 1 (1) Section 1 (2) Section 2 (1) Section 2(2) Section 3(1) Section 3 (2) 1 0.389 0.383 0.359 0.371 0.358 0.365 2 0.368 0.369 0.247 0.447 0.345 0.408 3 0.364 0.343 0.344 0.360 0.323 0.335 4 0.374 0.374 0.390 0.338 0.427 0.436 5 0.415 0.430 0.386 0.368 0.320 0.247 6 0.359 0.357 0.302 0.350 0.379 0.352 7 0.347 0.372 0.354 0.369 0.391 0.364 8 0.362 0.361 0.358 0.328 9 0.370 0.35 1.018 0.350 0.341 10 0.737 0.367 0.368 0.353 0.413 0.322 (>1.96 therefore outlier) Table 6. Diluted Cell Density for all sections (unit: cells/ml) Group Section 1 (1) Section 1 (2) Section 2 (1) Section 2(2) Section 3(1) Section 3 (2) 1 1.95E+08 1.92E+08 1.80E+08 1.51E+08 1.79E+08 1.90E+08 2 1.84E+08 1.85E+08 1.86E+08 1.75E+08 1.83E+08 1.76E+08 3 1.82E+08 1.72E+08 1.24E+08 1.77E+08 1.73E+08 1.96E+08 4 1.87E+08 1.87E+08 2.24E+08 1.85E+08 2.04E+08 1.82E+08 5 2.08E+08 2.15E+08 1.72E+08 1.81E+08 1.62E+08 1.79E+08 6 1.80E+08 1.79E+08 1.80E+08 1.81E+08 1.68E+08 1.64E+08 7 1.74E+08 1.86E+08 1.95E+08 1.75E+08 2.14E+08 1.75E+08 8 1.69E+08 5.09E+08 2.18E+08 1.71E+08 9 1.85E+08 1.93E+08 1.84E+08 1.60E+08 2.07E+08 10 1.87E+08 1.84E+08 1.84E+08 1.77E+08 1.24E+08 1.61E+08 Average 1.87E+08 1.95E+08 1.79E+08 Min 1.72E+08 1.24E+08 1.24E+08 Max 2.15E+08 5.09E+08 2.18E+08 Standard Deviation 1.05E+07 7.43E+07 2.13E+07 Sample calculation: Section 1 group1 student 1: Cell Density = 0.389 x (5x 10^8) = 1.95 x107 Section 1 Average: Average = ((1.95+1.84+1.82+1.87+2.08+1.80+1.74+1.85+1.87+1.92+1.85+1.72+1.87+2.15+1.79+1.86+1.84) x 108)/ 17 = 1.87 x108 Table 7. Diluted Cell Density for all sections, class analysis Class (cells/ml) Average 1.87E+08 Minimum 1.24E+08 Maximum 5.09E+08 Standard Deviation 4.66E+07 Part III. The ubiquity of microorganisms Table 8. The ubiquity of microorganisms Place Observation on TSA plate Observation on Malt Shoe Irregular orange, red, beige opaque Some are large, some are small Some are smooth some are cracked 10colonies None Dirty finger White and yellow all small colonies (4) opaque None E.coli Few circular, smooth, flat, beige colonies (lawn) None E.coli with 70% ethanol None None Discussion: The objective of the experiment is to learn aseptic technique, sterilization, and streaking. Part A involved isolating single colonies by streaking, part B involved viable cell count, part C involved bacterial cell count by optical density and lastly part D involved ubiquity of microorganisms. In part A, a pure E. Coli sample was used to form single colonies by streaking. Four streaks were done in different parts of the plate. As described in the results, 1st streak results in forming smallest and very crowded colonies (123 colonies). The space between the colonies were either very small or even adjacent to each other. The 2nd streak forms a larger and less crowded or less population of colonies (60 colonies). Colonies were found to be further apart from streak 1, but they were adjacent to other colonies, so single colonies were not observed. In the 3rd streak finally, isolated single colonies were observed. This is due to the dilution. As in the streak 1, we have least diluted E. Coli pure sample. Therefore, streak 1 has the biggest cell density, where more colonies would grow. In the streak 2, we streak through the streak 1 once, and so, it is diluted. Then, in the third streak as well, it is even more diluted. This is why we have lesser and lesser colonies in the 2nd an d 3rd colonies. Colonies all seem to have same opaque shape with beige color, but they differ in sizes. 1st streak ones have the smallest and 3rd streak ones have the largest. This is due to the fact that as the number of the colonies are bigger and crowded, there are less space to grow, so it tends to be smaller where as in 3rd streak, isolated colonies have more space where they can grow bigger. In part B, viable count was used to estimate the number of bacterial cells in the sample. Firstly, we prepared 4-fold, 5-fold and 6-fold diluted solutions of E. Coli and they were incubated at 37 degrees Celsius. As we can see in the table 2, 4-fold dilution and 5-folded dilution are too concentrated that bacterial lawn is observed where we cannot apply viable count: they have small viable count to work with and would result in high uncertainty (1). 6-folded dilution appears to be fine to apply viable count and therefore, we used 6-folded dilution to analyze. Looking at the all section data, most of them have the viable counts ranged between 30 and 300. In addition, the average viable count of our section is very close to the class average: 2.38 x 109 to 2.42 x 109 cfu/ml. Also, my group value is very close to the class average as well: 2.52 x 109 cfu/ml. This means that our result is pretty accurate compared to the class result. Speaking of the minimum and the maximum value, there i s a high chance that the errors come from these as these values are furthest from the average. Section 1 has the maximum value which is 4.41 x 109 cfu/ml and section 2 has the minimum value which is 2.3 x 108 cfu/ml. The minimum value seem to be okay but maximum value seem to lie over 300 colonies, and therefore, the biggest error comes from that value. However, none of these biggest error comes from our section, and therefore, we can say that our section value has the least error. Part C was done to take cell density by optical density. CAG12033 was taken and was diluted with LB broth. When analyzing, the group 9 student2s value was 1.018, which appeared to be as an outlier. Grubbs test was done, and it was eventually an outlier, so we excluded it from further analysis. Speaking of the cell density, as there are more and more of cell in the solution, the density increases. As well, the result shows that as absorbance increases, the cell density increases. Comparing the class average to our section average, it is fairly close: 1.79x 108 and 1.87 x 108cells/ml. However, we have the class minimum value which is 1.24 x 108 cells/ml so we have one of the largest errors. But this is not very far from the average value, which is 1.87 x 108 cells/ml it is not the biggest error. The class maximum value however is very far from the class average value: 5.09108 cells/ml. This value is in the section 2 data. Section 1 has the best result over the class with closest averag e value to the class average having no minimum nor maximum values; 1.87 x 108cells/ml which is the same as class average. Comparing my cell density value to the section value, I had 2.18x109cells/ml, whereas the class average was 1.87 x 108 cells/ml. I have a fairly close value and it can be considered that CAG12033 is diluted fairly correctly. Now comparing viable count method to the cell density measured by spectrophotometer, they can be considered the same. The class average value for the cell density was1.87 x 108 cells/ml and the class average result for the viable count method was 2.42 x 109 cfu/ml. They can be considered the same with the following reasons. First of all, for the optical density method, there is an assumption that there are 5 x 108 cells/ml when the absorbance is 1 Au. This is an assumption and is not an accurate value. Secondly, there are experimental errors such as when diluting, the dilution was not done perfectly, where the error would increase as serial dilution was done in viable count part. As a result, factor of 10 difference is quiet big, but within these assumptions and errors, they can be considered as similar. Part D was done to see what contamination looks like and how it is. TSA and malt medium were used to contaminate. Different samples were taken with a sterilized rod and were streaked different parts of the plates on both TSA and malt. They were then incubated at 37 degrees Celsius if it is from internal body or incubated at 30 degrees otherwise. TSA is usually considered the best under neutral to slightly basic conditions and required high N for bacteria to grow. On the other hand, malt is best under acidic condition and high in C and N. Malt is best for fungi. First of all, the shoe was rubbed, and streaked on both TSA and Malt plates. A week later, all different kinds of bacteria were grown. Various colored and various sizes were observed: orange, red and beige. Some were really huge and flat, some were small, opaque and smooth. 10 colonies were observed. On malt, nothing grew. Due to the fact that nothing grew on malt, the colonies have to be bacteria. Another possibilities is tha t malt plate was put in the 37 degrees Celsius which is inappropriate. In quarter of the plate, dirty finger was used to contaminate. 4 colonies of white and yellow were observed. They were all opaque. Nothing grew on malt. In another part of the plate, we put E. Coli sample. Circular, smooth, flat colonies were observed. There were a lot of colonies (bacterial lawn) grown. Again nothing grew on malt. Lastly, we put E. coli with 70% ethanol. Absolutely nothing grew on both malt and TSA. Overall, nothing grew on malt. It is maybe because there was no fungi, or the plates were incubated in the wrong temperature (37 degrees Celsius instead of 30 degrees Celsius). Also, we can say that 70% ethanol kills most of the bacteria or at least enough to prevent them to grow.
Monday, August 5, 2019
Contract of Hire Purchase Answer
Contract of Hire Purchase Answer FOUNDLING FINANCE LIMITED Claimant and MISS DIANE DALY and MR DEREK DOBSON Defendant OPINION I am asked to advise Miss Diane Daly and Derek Dobson (ââ¬Å"the defendantsâ⬠) with regard to their contract of hire-purchase with Foundling Finance Limited for the purchase of a ââ¬ËNuffieldââ¬â¢ knitting machine from Saffron Supplies Limited. This contract is the basis of an action in the Dover County Court against Miss Daly and Mr Dobson for repayment of arrears, and interest thereon, for the period from 3rd January to 3rd April. I am asked to advise whether Miss Daly and Mr Dobson are still bound by the terms of the hire-purchase contract, and if not, what type of compensation they may recover by way of damages. Conclusions In summary, I would advise that the defendants were entitled to disregard the hire-purchase contract after they found out the representations of Mr Stone about the fitness of the ââ¬ËNuffieldââ¬â¢ for the intended type of work were false. That this right probably subsisted and was exercisable on the 16th January 2006 but can only be determined with further information. The compensation available largely depends on the success of the rejection action. If the defendants are successful then they will be able to recover their money that they have paid and hand back the knitting machine as if they had never been in the contract. If they are unsuccessful they will be left with the residuary claim in damages for the purchase price of the ââ¬ËNewmarkââ¬â¢ knitting machine and breach of contract but will be liable to keep paying the hire-purchase contract. I have also advised that some more investigation may be required to ascertain whether any further losses have been incurred. Finally, I have been cognisant of Miss Dalyââ¬â¢s concerns surrounding the high APR of the hire-purchase agreement and have therefore attached a consideration of whether the bargain may be considered extortionate. Contract On the 3rd October 2005 the defendants went to Saffron Supplies in Sandwich. They entered into a hire-purchase contract for the supply of a ââ¬ËNuffieldââ¬â¢ knitting machine for their fashion design business. According to Miss Daly, their business specialises in the knitting of thick wool garments. They took samples of their wool and made it clear to Mr Stone that the sewing machine had to be capable of knitting those types of fibres. Mr Stone replied that the machine was ââ¬Ëman enoughââ¬â¢ to handle such fibres and on the back of which the defendants entered the hire-purchase contract with Foundling Finance Limited. A matter of importance in the formation of this contract is whether or not you entered as a consumer. If youââ¬â¢re not then clause 12 of the hire-purchase contract may exclude any implied term of fitness for purpose. It appears as though the key matters are whether the contract is one which is regularly entered into by the buyer or bought for a distinctive business purpose (R B Customs Brokers Co Ltd v. United Dominions Trust [1988] 1 ALL ER 847). This will depend on the nature of the business and whether this particular sewing machine was integral to the defendants business. These are again facts which the Instructing Solicitors will need to ascertain in particular look at whether there have been any other sewing machines purchased? How was the ââ¬ËNuffieldââ¬â¢ used in the business? Was it used for any personal purposes? Breach of Contract The first issue is whether or not the hire-purchase contract was breached when it became evident that the ââ¬ËNuffieldââ¬â¢ knitting machine was unfit for knitting the type of fibres that the defendants use in their business. The difficulty will be whether or not we can establish the conversation between the defendants and Mr Stone as to its fitness for the knitting of the thick wool because it was purely oral. The evidence of both the defendants will be critical ââ¬â Could instructing solicitors please ascertain more details of the conversation. Was Mr Dobson party to the conversation with Mr Stone? If so, what did he hear? How much was the issue of fibres stressed as important to Mr Stone? The obvious difficulty will be that the evidence of Mr Dobson could turn out to be hearsay unless he was party to the conversation. The strength of this argument will become clearer when we have an indication of Foundling Financeââ¬â¢s or Mr Stoneââ¬â¢s stance on the issue; currently I only have Miss Dalyââ¬â¢s statement as to the matter. It would seem pragmatic to assume that Mr Stone will be a difficult witness for two reasons; he presumably deals with many customers which may make his recall of a conversation that he had seven months ago rather vague and a fear of losing his job could cause him to be a completely useless witness for us. It isnââ¬â¢t clear from my instructions whether Foundling Finance have acknowledged this claim by the defendants but it seems safe to assume that they will deny it given that an admission would bar their current action in the County Court. However if we can establish the oral assurances by Mr Stone then breach of contract will be more likely. The Implied term of fitness for purpose under Consumer Credit Act 1974 will have been breached as long as the facts bear out consumer status, as I advised above. If we cannot establish consumer status we may have to rely on more general common law considerations .In particular Harlingdon Leinster Ltd v. Christopher Hull Fine Art Ltd [1991] 1 QB 564 which argues that even where the Unfair Contract Terms Act 1977 doesnââ¬â¢t apply the totality of the negotiations will be looked at and the exclusion of an implied term of fitness for purpose, as Foundling Finance Limited have done, maybe disregarded. The strength of this argument will largely depend on the oral evidence which is lead at trial and will depend on the information which I have requested above. Repudiation of Contract The success of maintaining the breach of contract will also rely on whether we can establish the defendants effectively rejected the contract by their letter of the 16th January. This is fundamentally an issue of fact which will need to be ascertained by the Instructing Solicitors. Short of an outright denial, as suggested above, Foundling Finance will likely attempt to argue that either the defendants accepted the breach through acting inconsistently with the ownership of the seller or through lapse of a reasonable time. In order to give my opinion on the strength of this argument could the Instructing Solicitors ascertain facts regarding the dates of the various repairs and more details about the communications between Saffron Supplies and the defendants regarding the repairs. What date was the third repair? Were the repair menââ¬â¢s concerns communicated to the defendants orally or in writing? Were both defendants present at all of the repairs? Was the Knitting machine used at any point between the third repair and the purchase of the ââ¬ËNewgateââ¬â¢ knitting machine? The ââ¬Ëlapse of a reasonable timeââ¬â¢ is the test for acceptance of a breach under the Consumer Credit Act 1974 therefore these factors will be critical. If there was a significant period of time between the third repair and the 16th January then I would advise that the Defendants attempt to argue rescission by misrepresentation under the Misrepresentation Act 1967 which is not subject to the same time-constraints as the rejection argument under the Consumer Credit Act 1974. However, I have some doubt as to the strength of this argument not least because it appears never to have been attempted in any reported cases. A critical issue for the success of refuting any defences by Foundling Finance will be the ability to prove that the letter was actually sent. Therefore could the Instructing Solicitors please find out whether Miss Daly has any proof of postage or proof that Foundling received the letter? The copy letter that I received looks as though it was word processed and it may be possible to establish postage through the creation date of the file. According to Miss Daly, she also telephoned the finance company to express her concerns; it would be extremely useful if the Instructing solicitors could ascertain more details about these telephone calls. Does Foundling Finance record phone-calls? When were they made? What exactly was stated in those telephone calls? In my opinion, in order to clarify the issues in dispute between the parties, we should contact Foundling Financeââ¬â¢s representatives to see whether they dispute either the letters or the telephone calls. It maybe that we could then avoid applying for disclosure of evidence Compensation There is a distinction to make between the situation where we can establish that the defendants effectively rejected the contract and where they failed to do so therefore I have treated the separately under this heading. Many of the grounds of damages will be interlinked between the various substantive claims in law. However, if we cannot realistically establish a breach of contract at all then as I am sure Instructing Solicitors will appreciate we have no defence or counterclaim to the current action. If the latter occurs my opinion is that you enter a defence and counter-claim in any case and attempt to settle and avoid some of the interest. (i) If rejection is effective The difference between the two grounds turns on whether or not the sums paid, by my calculation à £3194.57 (that being the November, December and January payments and the two-thousand pound deposit paid on 3rd October 2005), will be recoverable and whether the hire-purchase contract is at an end. I appreciate what a big difference this will make to the defendants. If the rejection is effective then the aim of the court is to put the two parties back in the same position so the money paid will be recoverable and there will be no obligation to continue paying the hire-purchase agreement. However, if rejection is not effective there is in most cases still an action for damages for breach of contract but there is no possibility of ending the contract other than the statutory termination powers in the Consumer Credit Act 1974. (ii) If rejection is not effective As the Instructing Solicitors will appreciate in these circumstances we are limited purely to claiming for purely breach of contract financial losses rather than any emotional losses. However, it is clear that there have been certain losses that will have been caused by the breach in contract. The defendants will remain liable to pay the instalments, including the arrears, if they fail to establish their rejection this is because all the express conditions of the contract will still be enforceable and as a result the defendants will be in breach of contract until they remedy the arrears, along with interest which has been contractually included. (a) Purchase of the ââ¬ËNewgateââ¬â¢ It is unclear whether the defendants can claim for the purchase of the ââ¬ËNewgateââ¬â¢. It certainly can be characterised as a cost of mitigating the loss which they had initially suffered by Foundlingââ¬â¢s breach of contract (as per Bacon v. Cooper (Metals) Limited [1982] 1 ALL ER 397). However, the question of whether it is reasonable will depend on a number of factors which would perhaps require the opinion of an expert. It would be necessary to quantify whether the price paid was reasonable for the product? Whether there were cheaper alternatives available on the market? It seems likely that it would be possible to claim for the whole purchase price of the ââ¬ËNewgateââ¬â¢ despite the fact that it may be a better product and leave the defendants in a better position. It seems analogous to Bacon where the court held that replacement of a new item for an old item which became broken didnââ¬â¢t entitle the defendants to reduce the damages to the value of the old item. (b) Loss of Earnings / Damage to Wool. Aside from the purchase of the ââ¬ËNewgateââ¬â¢ Miss Daly is of the opinion that her business has not suffered through the breach of contract. However, with all respect to Miss Daly, she is not to my knowledge legally qualified and it would be a breach of professional ethics if we just accept her judgement on this issue. It would be useful if the Instructing Solicitors can check this. In particular: Did the machine not stop being workable for at least three separate twenty-four hour periods? Was there any wool damaged by the machine? What about wasted time waiting for repairmen? It is likely that we can claim these as damages and I am of the opinion that there will be something other than the replacement sewing machine which the defendants can claim for. (c) Extortionate Bargain According to Miss Daly, she feels horrified at the level of the interest that she had to pay for the knitting machine which naturally leads to concerns over whether this hire-purchase agreement could be considered extortionate under the Consumer Credit Act 1974. This could form part of the counter-claim if it can be established. The salient point of the credit agreement is the extremely high APR of 46.2%. In line with A.Ketley Limited v. Scott [1981] ICR 241 the correct approach is to look at whether the rate of interest is extortionate in comparison to other sorts of transactions. I am of course not an expert and thus not qualified but given that the amount repayed will be 161% of the value of the item and that the APR seems to be extremely high at a period of time when interest rates are relatively lower than they have been in the last couple of decades it certainly seems arguable. I think it would be necessary for the Instructing Solicitors to obtain some sort of expert evidence on this point or perhaps some diligent research. In particular ââ¬â what level of risk is assumed by Foundlings Finance? What sort of experience and means did the defendants have at the time of the agreement? The purpose of arguing this would not so much be as compensation but if Miss Daly was unable to establish a rejection of the contract it could be extremely useful in making the remainder of the payments more equitable. In particular I could ask the court to alter the terms of the credit agreement under s.139 of the Consumer Credit Act 1974. I am not overly confident about the success of this argument because generally the court have been reluctant to find bargains extortionate because of the ordinary principles of fair dealing and even where high APRââ¬â¢s have existed such as in Grangewood Securities v Ellis (unreported 23 November 2000) an APR of 35.4% on its own was not held to be extortionate. My largest reservation is that both Miss Daly and Mr Dobson will be construed by the court as business people who ought to have been more aware (this was a factor in A.Ketley). Next Steps I would advise that we enter a defence and counter-claim to the current action that Foundlings Finance has risen. However, before it calls I would suggest that a letter setting out the key elements of our case be sent to the other side because until now they havenââ¬â¢t appeared to have responded to our claims. I would hope that the Instructing Solicitors would be able to settle this case in the meantime. In that event I would be happy to advise on the terms of such a settlement or a Part 36 offer. In particular, it would put the defendants in a strong bargaining position if they can establish whether or not any other damages were sustained by the defendants such as loss of earnings or destruction of property. If you do wish me to advise then please could such instructions include further items of evidence that I have requested throughout this opinion. IN THE DOVER COUNTY COURT Case No. DV6/49215 BETWEEN FOUNDLING FINANCE LIMITED Claimant / Part 20 Defendant and MISS DIANE DALY MR DEREK DOBSON Defendants / Part 20 Claimants DEFENCE AND COUNTERCLAIM Paragraphs 1, 2 and 3 of the Particulars of Claim are admitted. Save that the Defendants admits that they have not paid instalments on all the relevant dates, it is denied that they are due to be paid as alleged in Paragraph 4 or at all. On 16th January 2006 the Defendantââ¬â¢s rejected the contract for breach of the implied condition of fitness for purpose under the Consumer Credit Act 1974 . A copy of the Defendantââ¬â¢s letter to the Claimants confirming the above is attached to the defence and counterclaim. Paragraph 5 is admitted. The defendants are and were at all relevant times a partnership carrying on business as fashion designers. The Claimants are and were at all relevant times a limited company carrying on business as a provider of consumer credit. The ââ¬ËNuffieldââ¬â¢ knitting machine was supplied to the defendants by Saffron Supplies Limited, 6 Shadwell Street, Sandwich (ââ¬Å"the suppliersâ⬠) in terms of the Consumer Credit Act 1974. Whereas it is admitted that a hire-purchase contract was entered into as set out in Paragraph 5 of the Particulars of Claim, prior to the signing of said contract, on 3rd October 2005, it was orally agreed by Mr Scott Stone of the suppliers that the said ââ¬ËNuffieldââ¬â¢ knitting machine would be capable of knitting specific thick wool as used in the Defendants fashion design business. A sample of said wool was exhibited to Mr Stone by the first defendant for the confirmation of the same. It is averred that in consequence of this conversation, the defendants entered the said contract and that it was implied term that the said knitting machine would be fit for the said purpose. On the 3rd October 2005 The Defendants paid a deposit of à £2000 to the Claimants and paid instalments on 3rd November 2005, 3rd December 2005 and 3rd January 2005. The amount of these instalments plus the deposit was à £3194.57 Between 3rd October 2005 and 16th January 2006 the Defendants complained on three occasions to Saffron Supplies Limited that the said knitting machine had broken. On the first two occasions representatives of the suppliers diagnosed the same as being due to minor problems which were rectified without charge. On the third occasion they diagnosed the breakage as being due to the inability of the said knitting machine to knit the said thick wool fibres. The Defendants refused to pay for the cost of repairing said knitting machine in consequence of which the suppliers thereafter failed and/or refused to repair the said knitting machine at the time. By various phone-calls to the Claimant in or about January 2006 the Defendants demanded the repair of the said knitting machine. Despite this, the Defendant thereafter unlawfully failed and / or refused to arrange repair of said knitting machine. By reason thereof the Defendant sent the said letter of the 16th January 2006 which duly informed the Claimants within a reasonable period of time of their intention to reject the said hire-purchase contract because they had breached the said implied condition and the Defendants are consequently not liable thereon, further the Defendantââ¬â¢s demanded (without prejudice to his claim for damages herein) return of the said à £3194.57 and stated that they would exercise a lien over the said knitting machine until the same had been done.. In the circumstances it is denied that the Claimant is entitled to the relief claimed or any relief for the reasons alleged or at all. Further or alternatively, the Defendants will seek to set off against the Claimantââ¬â¢s claim the matters set out in the Counterclaim below, so as to reduce it or extinguish it altogether. COUNTERCLAIM The Defendants repeat their Defence herein. The hire-purchase agreement has an Annual Percentage Rate (APR) of 46.2% which it is averred is much higher than hire-purchase agreements for other knitting machines and comparable items. In the Circumstances, the said hire-purchase agreement is extortionate pursuant to section 139, Consumer Credit Act 1974. By reason of the Claimantââ¬â¢s said breach of contract the Defendantââ¬â¢s were unable to knit their wool fibres and by reason thereof the Defendants have suffered loss and damage. PARTICULARS By reason of the Defendantââ¬â¢s said breach of contract, the Claimant suffered additional loss and damage, in that they were forced to purchase a similar knitting machine elsewhere, about January 2006 the Defendants purchased a ââ¬ËNewgateââ¬â¢ knitting machine at a price of à £9,500. Wasted Time during said repair visits. Cost of Wool Material damaged by said ââ¬ËNuffieldââ¬â¢ knitting machine.[1] Further the Defendants are entitled to and counterclaims interest on the sum found due to them for such period and at such rate as the court may think fit pursuant to section 69, County Courts Act 1984. The value of this action exceeds à £5,000 but does not exceed à £15,000. AND the Defendants Counterclaim: Refund of the said Deposit and three instalments of à £3194.57 Interest pursuant to statute as aforesaid. Further or Alternatively; Damages for breach of contract Further or Alternatively; An order that the said hire-purchase agreement is extortionate and that the APR be judicially altered to a more reasonable APR. Statement of Truth I believe (the Defendant believes) that the facts stated in this Defence and Counterclaim are true. Signedâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ DATED thisDay of2006 Bibliography Atiyah, P.S., Adams, John MacQueen, Hector ââ¬ËThe Sale of Goodsââ¬â¢ 2005 / Pearson-Longman / 11th edition. Bridge, Michael ââ¬ËThe Sale of Goodsââ¬â¢ 2000 / Oxford University Press / 1st edition Doonan, Elmer Foster, Charles ââ¬ËDraftingââ¬â¢ 2000 / Cavendish Publishing / 1st edition. Inns of Court School of Law ââ¬ËOpinion Writingââ¬â¢ 2003 / Oxford University Press Marshall, Enid ââ¬ËScots Mercantile Lawââ¬â¢ 1997 W.Green / Sweet Maxwell Edinburgh / 3rd edition. Rose, William M. ââ¬ËPleadings Without Tears: A Guide to Legal Drafting Under the Civil Procedure Rulesââ¬â¢1999 / Blackstone Press Limited / 5th edition. 1 Footnotes [1] I have added these in the case that they can be proved as per my opinion.
Sunday, August 4, 2019
Domestic Violence: Most Underreported Crime In America :: Violence Against Women Essays
Found at the scene of the crime two dead bodies stabbed brutally, and left to die at their house. This was the story that shocked the country in 1991. This was the start of the O.J. Simpson domestic abuse case. Unfortunately events like this happen many times over everyday in many setting all over the United states; however the victims of the other cases don't get nearly as much publicity. Some facts about domestic abuse: An average of nine out of 10 women have to be turned away from shelters on. The reason so few cases get assigned initially is the police usually don't have enough officers to meet the demand At the Portland Women's Crisis Line, where calls have doubled since the killings of Nicole Simpson and Ronald Goldman, they welcome the increased attention. From July 19,through March 31, 1993 a total of 3,665 domestic violence cases were reviewed in Portland Oregon. Of those, only 281 cases resulted in some action taken against the accused abuser. Some of this is because there is not enough police, but it is mostly because the abused person is scared. For the last six months of 1993 and the first three months of 1994 Portland averaged about 1,000 calls each month or 12,000 calls a year. In January 1992, 30 criminal domestic violence complaints were issued. For January 1994, the number was more than 100. Nationally, estimates range from 2 to 4 million women assaults each year. Some studies show that 20 to 30 percent of all women who seek help at hospital emergency rooms are there because of domestic violence. Kyra Woods never made it to the emergency room. Whoever killed her saw to that. She suffered 13 stab wounds to the back five of them so violent the knife came out the other side of her body. Wood's mother, Mable, and two aunts wept quietly in a back row of the courtroom as the prosecution argued against bail for Woods' former boyfriend Jackson. Rod Underhill, the prosecutor, painted a picture of domestic violence. He told of a dramatic moment after the killing, when Woods' 4-year-old son, holding a teddy bear, re- enacted the attack. "He put his hands around the neck of the bear and shook it," Underhill said. "He began to pound it with a closed fist and slug it." Mable Woods said that her daughter never told her much about any abuse. Neighbors, however, told police of hearing the couple fight violently. According to police reports, one neighbor said, "They fought so hard the pictures on the wall shook back and forth.
Saturday, August 3, 2019
Warnings Against Gender Stereotypes in Early Twentieth-Century American
Many early twentieth-century American writers used conflicts based on female stereotypes as a central theme in their works. For example, the titular character from Mary E. Wilkins Freeman's short story A New England Nun lives a life of domestic solitude, happily sewing and cleaning while separated from her husband to be for nearly fifteen years. Freeman's nun uses her domesticity as an excuse to avoid marrying her fiancà ©, though she leads him on for most of the story and only avoids marriage after learning of her betrothed's love for another woman. Similarly, the much mentioned but never revealed central character in Susan Glaspell's play Trifles seems to embrace domesticity to escape the misery brought on by her marriage, even managing to escape both the guilt and suspicion of her husband's murder through her and her fellow charactersââ¬â¢ embrace of her passive, domestic, and harmless feminine archetype. By focusing on the conflict arising from female stereotypes, these two stories reveal the dangers of stereotyping women as passive, subordinate, and domesticated, both to the adopter and the adoptee. Mary E. Wilkins Freeman's A New England Nun reveals the hazards of female stereotypes to their adoptees through the actions of Louisa Ellis. At the time of the story, Louisa has been engaged to marry her fiancà © Joe Dagget for fifteen years, fourteen of which he has spent away from Louisa (Freeman 1623). Though Louisa admits that "fifteen years ago she had been in love with him," she feels apprehensive about their inevitable marriage after his return (Freeman 1623). Louisa's apprehension towards Joe builds throughout the story, but because her embrace of the female stereotype prevents her from expressing her true feelings and breaking... ... escape their undesirable predicaments. The ease at which the problems in both stories could be solved by abandoning presumptions of how women should behave suggests that Susan Glaspell and Mary E. Wilkins Freeman want people to follow their own desires rather than the conventions of gender roles. Furthermore, this moral continues to be true today; modern readers can still benefit from relinquishing their assumptions about how others should behave based on their gender, religion, or ethnicity. Works Cited Freeman, Mary E. Wilkins. A New England Nun. The Norton Anthology of American Literature. Shorter Seventh Edition. Ed. Nina Baym. New York: W.W. Norton & Company, 2008. 1620-1627. Print. Glaspell, Susan. Trifles. The Norton Anthology of American Literature. Shorter Seventh Edition. Ed. Nina Baym. New York: W.W. Norton & Company, 2008. 1968-1976. Print.
Friday, August 2, 2019
Analysis of Countee Cullens Yet Do I Marvel Essay -- Countee Cullen Ye
Analysis of Countee Cullens Yet Do I Marvel Poetry is often meant to be smooth, flowing, pleasing to the ear and the mind. To achieve this effect, many poets use different poetic techniques to help convey the meanings of their poetry. In the sonnet, 'Yet Do I Marvel' written by Countee Cullen, many different features of poetry is used. In this essay, I will discuss the relationship between the meanings and the theme Cullen tries to convey in his sonnet and the techniques of metaphors, both religious and non-religious, allusions to Greek mythology, different rhyme schemes and repetition that he uses. In his sonnet, Cullen uses strong themes of religious metaphors while adding many non-religious metaphors at the same time. The continuing theme throughout the sonnet is the mysteriousness of God, and how He is unwilling to share the secrets of the universe by answering the speaker's questions. Cullen begins with stating that his belief in God is that God is good natured, 'I doubt not God is good, well-meaning, kind,' (Line 1). The first line briefly makes your mind question the sentence while you experience the starting of the theme. Using different metaphors, Cullen vividly expresses his confusion of what the purpose of his existence is and why God does what he does. 'And did He stoop to quibble could tell why / The little buried mole continues blind, / Why flesh that mirrors Him must some day die,' (Lines 2 - 4). In these lines, Cullen clarifies his position with God in stating that his questions are but 'quibble' to God, thus putting himself far below God. Cullen uses the me taphor of the mole to represent how he is blind to the reasoning of God's actions, while at the same time questioning God of why a little mole continues to live blind. In the next line, Cullen uses a biblical metaphor when mentioning 'flesh that mirrors Him' as it is in the bible that it states 'God created Adam in His image.' Cullen refers this flesh to be humans and questions God for the purpose of death. Using these metaphors, Cullen creates a more vivid image in the imagination than he would if he were to question God outright. ?Why flesh that mirrors Him must some day die,? carries many more metaphorical images than ?Why do we die?? does, and that is one of the efforts and understanding Cullen is most likely trying to convey in his sonnet. Cullen?s brilliant... ...t a view of life, that is "black," and at the same time God made him a poet?someone who is supposed to study the world around him and express what he or she sees in words and verses. Cullen marvels at God's decision to have someone tell the world of the "blackness? which he sees. In this case, the person God has decided to tell the world is the speaker himself and Cullen contemplates what possible motivation would God have for doing this. In using constant repetition of the theme, Cullen allows the theme to clearly stand out and show itself without having to hide behind words with deeper meanings. This is effective for emphasizing the theme and ensuring that it is easily understandable. Metaphors, allusions, rhyme scheme and repetition are all techniques that Cullen used in his sonnet to improve the understanding and assist the interpretations of the poetry. His use of metaphors painted pictures in the mind while his allusions told stories with merely a few words. Rhyme scheme and repetition both assisted in the emphasis of the theme and worked exceptionally well. It is in works such as Cullen?s ?Yet Do I Marvel? that poetry and philosophy come together in a warm embrace.
Thursday, August 1, 2019
Conflict Analysis Essay
Conflict is a difference, a disagreement or clash between ideas, principles or people. In conflict management there are issues that center on interpersonal conflict. This type of conflict is a disagreement between individuals that are connected and explains how what one person does has an impact or effect of the other. 1A PERSONS INVOLVED Sheila (my assistant for 14 years) Valerie (hired as Customer Community Relations Representative) The relationship between these two individuals was great; for 2 years they commonly worked on events together and wouldnââ¬â¢t perceive them as interfering on each otherââ¬â¢s turf. Sometimes their workloads would overlap but they were able to work together and get them completed. These two individuals would both work in the same space while engaging in small talk. They often spoke about things each had in common with the other such as their faith, volunteer work, school functions and goals. They acted as though they had never worked together. !B CONFLICT SCENE On Feb. 10th I had the opportunity to facilitate a group session of 11 managers at our main office from 3-5pm to discuss people issues. Sheila attended as usually to work the power Point. At the end of the session most of the people who attended wanted copies of the power Point, however if we just printed the power point it would be in black and white. Therefore, Sheila said quoteâ⬠Simone I need to use the front desk computer to print in color is that O.K.?â⬠I responded ââ¬Å"Yesâ⬠. During the time Sheila used the computer the people that attended the centralized people meetingà was sitting down waiting for their rides. Iââ¬â¢m in the conference room packing up while Sheila is getting color printed copies for everyone. This wasnââ¬â¢t something that was planned because it was a holiday. Sheila and I were supposed to be the only two staff in the office at that time. Ms. Valerie dropped by to pick up some papers from the conference room and says to me Quoteâ⬠I could have done that presentation for youâ⬠. I respondedâ⬠Really, I didnââ¬â¢t think of that because Iââ¬â¢ve always used Sheila assist me. Ms. Valerie then left the room. In my opinion this was an informal act and Ms. Valerieââ¬â¢s interaction with Sheila stem from more personal than official relationship. She was focused on Sheila not on how they work together to get things done. Although most of the people had left there were still a few around and it didnââ¬â¢t look good to observe two leaders of our company having a misunderstanding. 1CWHAT TRANSPIRED? Through the glass doors of the conference room I could see something wasnââ¬â¢t right near the front door. I noticed that all the others were gone except Sheila and Ms. Valerie. I could barely hear but, I could see negative gestures coming from Ms. Valerie. Her body language told me she was angry because she was leaning forward with her hand on her hip. Sheila on the other hand, facial expression was of, oh my god what did I do. She looked uncertain and I could tell didnââ¬â¢t want to argue, she looked as though she wanted to avoid the conflict. I saw her twirl around and walk away. Soon after we left the office but I didnââ¬â¢t speak about. Until the next day, I received an email from the office manager about the usage of the computers. The words used in the email had a huge impact on the message that I received, I wanted to just bring my keys to the office and never be there alone again. The choice of words was powerful enough to provoke my trust. So powerful I didnââ¬â¢t even respond to the email. I was totally surprised, this has never happened before. I called Sheila and later that day she explained to me the issue between her and Ms. Valerie, that as Ms. Valerie was leaving she made a statementâ⬠You know you shouldnââ¬â¢t be on that computer, there could be legal things you shouldnââ¬â¢t be looking atâ⬠. 1D SURFACE PROBLEM In my opinion the surface problem was my choice of wordsâ⬠I always use Sheila to assist meâ⬠. The words I used probably made her feel worthless, like she wasnââ¬â¢t good enough. I could have said ââ¬Å"Thanks for letting me know I will let you know next time I facilitate a sessionâ⬠. I would also say the problem could stem from Ms. Valerie needing fulfillment, being part of the sessions would give her recognition because she is passionate about her role. 1EUNDERLYING PROBEM The real problem is that Ms. Valerie is new; she is also the Owners sister and her roles and responsibilities are still unclear and when a person doesnââ¬â¢t have defined responsibilities they tend to want to get into anything to keep busy. Therefore, the Owner needs to make sure that she has a clear cut defined tasks and authority boundaries . In my opinion it wasnââ¬â¢t her place to tell the office manager(Owners Wife) before she actually spoke to myself if she felt that there was some kind of ethic violation. 1F WHICH CONFLICT STRATEGIES WERE EMPLOYED BY EACH PARTICIPANT? a. Cognitive assessment of the situation b. Personality and communication competence No, the next day we both received a text from Ms. Valerie that statedâ⬠I TOLD SO WHAT OF ITâ⬠. That statement alone confirmed she thought about her own needs and she had dealt with the situation because of who she was related to not her title. 1GOUTCOME The outcome was negative. The next day there was gossip within the organization and the spread of misinformation. This caused Sheila to call the office and ask who said things about her. Then Ms. Valerie contacted her again and told her she did. There was no winner or loser because the situation tainted both relationships and when they finally appeared in the same room it caused an uncomfortable atmosphere. 1H VARIABLES In my opinion arguing is normal, but we have to be careful when arguing because sometimes an argument can hide a much bigger problem. The style and the way we argue can speak volumes towards the way we actually feel. The most important aspect of WIN/WIN is how we handle the argument. Therefore, I think that LISTENING, FACE ENHANCING rather than face attacking and UNDERSTANDING the what/why the other person is saying is a major issue. 2A-2B LEARNINGS of CONFLICT For everything that is still going on wrong with relationships, how we act and think, I am still learning slowly about how to do things better. I am more aware there is some level of differences when the conflict involves two or more people. However, the true disagreement versus what is perceived maybe different from the other person because of our senses. As a matter of fact, this class has taught me that conflict is mostly accompanied by misunderstandings and if we can just understand the truth of the disagreement it will help us solve the right problem and manage the needs of both individuals. This course objectives, lectures and textbook ââ¬Å"The essentials of Human Communicationâ⬠by Joseph DeVito has taught me that perception doesnââ¬â¢t act alone. It is peoples behaviors, feelings and body language that enhances the threats when there is an disagreement. We must continue to learn how to work on the issues and develop strategies or solutions to manage the disagreement and at the same time manage the conflict. I learned that although this conflict was between two people I was surprisingly a party to it. I just wasnââ¬â¢t included in the disagreement. This conflict was interpersonal. Interpersonal conflict will occasionally happen in the workplace due to natural differences in personalities, beliefs and work ethics. It mostly happens in the workplace and is sometimes more complex because it involves needs, interests, threats and concerns. They also involve ongoing relationships and emotions. This analysis is about an ethical situation that caused an interpersonal conflict which in my opinion was due to jealousy, competition and vicious gossip. REFERENCES DeVito, J.(2014). Essentials Of Human Communication Workplace resolution Conflict Strategies Retreived by:http://www.livestrong.com
Nina Simone
Nina Simone was one of the most powerful singers of not only her time, but of all time. Her music made people think, change and copy. In her music, she made contributions to the civil rights movement. She used and touched so many genres of music from Jazz all the way to modern day rap She had influenced countless artists and passed without any acknowledgment or fanfare deserving of such an amazing arust. Eunice Kathleen waymon was born February 21, 1933, In Tyron North Carolina.She was an especially brilliant and talented child. Eunice picked up music very easily and even as a small child after hearing a hymn only once could sing it perfectly. She was able to play plano by ear at age two and a half. she was the regular planlst every Sunday at church by age five. at this age she was compared to Mozart. After seeing the talent in such a young child an older German lady, Muriel Massinovitch offered to teach young Eunice. Mrs. Masslnovltch, fearrd her pupil would soon surpass her as by a ge eight she could decipher musical scores, read and write music.Eunice awoke even more with the classical composer, such as Bach,â⬠Bach made me dedicate my ite to musicâ⬠. Eunice had her first brush with segregation at an early age ot twelve. Mrs Massinovitch was so proud of her talents she organized a recital to show of Eunice talents. Her parents very proudly sat in the first row; however, before the recital started a white couple approached them for their seats. As was the law back then the Waymon's got up to move, at that point Eunice stated in front of everyone she would not play If they were made to move.The white couple sat elsewhere and her parents visibly embarrassed took their seats and watched Eunice play.. After this Eunice would say later looking back, ââ¬Å"All of the sudden it seemed a dfferent world graduating In 1950 at the top of her class applied to the Curtis Institute. She received a letter in 1954 stating that they had rejected her. There is specul ation that it was because she was a women and because she was a black woman. whatever the reason an all white male jury had rejected Eunice this plagued her through her life.. Eunice changed her name to Nina Simone after playing a club in Philadelphia in1954. he got the Job to play plano her true love and was told by the manager she would ing or be out of a job thus her stage persona was borm She took the name Nina meaning ââ¬Å"little oneâ⬠she said was nickname from a former lover and Simone for Simone Slgnoret In casque d'Or. Nina married her manager Andy Stroud In 1901 and gave birth to daughter Lisa in 1962 She worked hard to support her family and endured abuse from her husband. Stroud controlled every aspect of Nina's life and career. She was hospitalized several times tor exhaustion.Andy told her that too many people relied on her so she couldn't take a break and wouldnt even allow her to breast feed their daughter. It Is suspected that Nina had begun to have a mental Imoalance or a m Olsoraer around IYO/ out tnls was not connrmea. Nlna's songs were classified as Jazz, blues, gospel and even later r&b. All she has ever wanted to do was play classical piano and consider any other music as inferior. Nina got involved in the civil rights movement and her songs became anthems for not only the civil right movement but for the emerging feminist movement.Her song ââ¬Å"Mississippi Goddamâ⬠was written after she heard about four black girls that were killed going to church by a bomb in Alabama. The songs lyrics are ââ¬Å"Alabama's got me so upset. Tennessee made me lose my rest. / But everybody knows about Mississippi Goddam/ Hound dogs on my trail/ schoolchildren sitting in Jail/ Black cat across my path/ I think every day ââ¬Ës going to be my last. â⬠The last lines are mfou don't have to live next to me/Just give me my equality. â⬠Most radio stations refuse to play the song.The song sold well except in the south where it was boyco tted and censored. Some retailers return the record to the distributors after breaking each record in two. Although most of Nina's music chronicles the fight for equal rights and racial njustice her song ââ¬Å"Four Womenâ⬠, not only spoke to the civil right movement but to feminist groups fighting for equal right for women. The song talks about one daughter being born out of a rape of a slave and many black stations banned the song. They considered the song,â⬠an insult to black women. Nina made sure to continue to fight for both causes not only in her music but she also cancelled tour dates to participate in protest concerts with many others most notably Langston Hughes who became one of Nina's best friends. Nina's music draws from spirituals, blues, folk, classical and even some traditional music. Many of her songs have been redone and made popular by other artist for example ââ¬Å"House of the Rising Sunâ⬠this bothered her as she felt people didn't know where th e songs came from. Although Nin's instrument was a piano she felt that her voice was the only ââ¬Å"pure instrumentâ⬠.Many of her songs may have appeared to be filled with anger but many of her songs just have soul and no anger for example ââ¬Å"l Hold No Grudgeâ⬠The words are, ââ¬Å"l hold no grudge/ There is no resentment und'neath/l'll extend the laurel wreath and we'll be friends. â⬠Brooks also calls Simone ââ¬Å"the cultural arm of the civil rightsâ⬠Nina Simone assed away April 21, 2003 in a small village in the south of France. ââ¬Å"Her death didn't cause much stir in the media European or American. It was said merely that a bad tempered but successful diva from the world of Jazz had passed away.That was about itâ⬠ââ¬Å"On May 18th 2003 the Curtis Institute of music posthumously awarded Nina an honorary diploma for her contribution to the art of music. â⬠Nina was aware of the schools plan before her death but her family accepted the ho nor for her. It almost seems like at long last Simone achieved her ultimate goal. To see what kind of mpact Nina Simone had on the world you need only look at todays popular artist from Norah Jones, Missy Elliott, Lauryn Hill and even Marilyn Manson, ââ¬Å"claim her as an influence. Her songs have been rerecorded over and over many people are fans and don't even know they are listening toa Nina Simone song. To have such a huge impact on such wide variety of artists is outstanding and hard pressed to match. I have long been a fan of Nina Simone. I myself used to be one of those saying,â⬠Oh this is a song of Nina Simone. â⬠upon hearing the song in a movie of a soundtrack. I began istening to her music and realized how unbelieving moving it is. Her songs and make you angry and then relax you in the next verse.
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