Sunday, January 26, 2020

Life And Work Of Little Richard Music Essay

Life And Work Of Little Richard Music Essay For years, people all over the world have dubbed Elvis Presley the King of Rock N Roll. His notoriety spans throughout almost every country and references about him can be understood in every culture. Contrary to popular belief, though, Elvis was not the originator of so many controversial topics in the fifties and sixties. While Elvis appealed mainly to the white crowds, Richard Wayne Penniman, also known as Little Richard, was performing for multicultural audiences with the same erratic music and flamboyant dance moves that made Elvis so controversial; so why is Elvis considered the king? Little Richard was one of the most influential and innovative artists of the rock n roll era, and did it in a time where no one else was doing anything like it. Regardless of popular belief, Little Richard is the first king of rock n roll. Richard Wayne Penniman was born on December 5th, 1932 in Macon Georgia. He was third of twelve children in his family. He was born to Charlie and Leva Mae Penniman into the impoverished area of the city. The Penniman family was very religious, with both Richards father and grandfather working as preachers in the area. In fact, church is where his singing career began when his parents formed a family singing group called The Penniman Singers that consisted of Richard, his parents, and his siblings. Continuing in his religion, Richard had the opportunity to experience many different types of religion and churches. His favorite was the Pentecostal church because of its fun, dancing, and music. Richard also became a faith healer in the church so that he could place his hands on people, pray for them, and they claimed to feel better afterward. Little Richard was influenced by many people throughout history. He was involved in many travelling performing shows such as Sugarfoot Sams International Show, Dr. Hudsons Medicine Show, and Billy Brown and his Orchestra, where he gained his stage name, Little Richard. In this time period, he was heavily influenced by the gospel singers of the 30s and 40s, and one of the biggest impacts was made by Sister Rosetta Tharpe. When Richard was at one of her concerts in 1945, she called him on stage to sing a song with her because she had heard him singing in the lobby before the show. As she was one of his favorite singers at the time, this event had a big impact on Richards life. He was also heavily influenced by artists like Marion Williams, Mahalia Jackson, Brother Joe May, Esquerita, and Billy Wirght. Billy Wright also helped Richard get his start in the professional music career by setting him up with his first contract. In 1951, Little Richard signed with RCA Camden records and began to try to find his sound without much success. He was struggling to find a sound that worked for him as an artist, and his label wanted him to sound more like other artists like Ray Charles, who was very popular in this time period. When Richard was out of his contract with RCA in mid 1953, he signed with Peacock Records. He was still having difficulties finding something that fit his personality and style. He released a record a year for four years and still didnt have a hit. In 1955, his contract was bought from Peacock Records by Specialty Records and he began working with Robert Bumps Blackwell. In a frustrating recording session, just when Blackwell was almost ready to give up on Richard and told the band to take a break, Richard jumped up on stage and started plunking out a tune on the piano that would eventually become one of his most popular songs, Tutti Frutti. Richard had been playing this song on stage for ye ars prior when he wasnt under contract and Blackwell was stunned by the fresh sound. He loved it so much that he immediately wanted Richard to record it. The only problem was that the song was not commercially acceptable as it was originally written. The label hired Dorothy La Boistre to clean up the lyrics in phrases such as, Tutti frutti, good booty to change them into, Tutti Frutti, aw-rooty. The song became very popular. The success of this first hit was followed by 16 hit singles in the following three years. Little Richard was slowly but surely taking the music industry by storm. Some other hits that were notable were Rip It Up, Long Tall Sally, Lucille, Good Golly, Miss Molly, Keep A-Knocking, Girl Cant Help It, and Slippin and Slidin'. Long Tall Sally was one of his most noted songs and hit number six on the RB Billboard charts. Another favorite was Girl Cant Help It because it was written for the movie with the same title starring Jane Mansfield. Richard appeared in a few movies during this time period, mainly to provide a movie soundtrack. When asked about those movies, Little Richard reports that the white executives tried to contain him and his style. He said, They didnt want me letting myself go. They kept wanting me to be stiffer, telling me Heres how a black man would perform this. I said. Now how would you know that?' Little Richard was a very unique person and he never stopped being hims elf. Between 1955 and 1957, many of Little Richards popular songs were re-done by other artists including Elvis Presley, Pat Boone, and Bill Haley. His popularity as an artist was growing and his fan base was continuously growing and becoming more diversified. Elvis Presley and Pat Boone both covered Tutti Frutti. Boones version outdid Little Richards when it came to record sales. Almost directly after, Boone did a cover of Long Tall Sally, presumably expecting the same results. This time, however, Little Richards original recording got better reviews and peaked higher on Billboards pop charts. The same was true when Presley and Bill Haley each released a version of Rip It Up and neither gained the reaction that Little Richard did. Little Richard was not only a role model for the sound of many of the pioneers of rock n roll, he was an advocate for controversial issues of the time period. Little Richards concerts were known mainly for their tendency to get extremely out of control due to his outrageous personality and performance style. He made history at a concert in Baltimore, Maryland when there were reports of police having to restrain people from jumping off balconies, and the show had to be stopped twice so that police could remove screaming fans from the stage. The fans that got onstage were attempting to gain souvenirs from Richard by ripping them off his body. It also goes down in history as being one of the first concerts where ladies ever threw their undergarments onstage for the artists. With this type of concert response, its no wonder Richard was caught up in constant parties and questionable acts throughout the mid 1950s.

Saturday, January 18, 2020

Drama Script About Office

â€Å"OFFICE WORKERS† Cast: * Den Mae Pangilinan as Cheng Shi( in Sales Department ) * Cristine Joise Causo as Ms. Quin (Manager of Sales Department) * Analyn Miranda as Lee Min/ Rhen Yue ( in HR Department ) (VP in Merchandising) * Jennica Dela Cruz as Jing Shi ( CEO ) * Jeffrey Nartates  as Mr. Roy (in Sales Department) * Joseph Dela Cruz as Patrick Li ( Manager in Merchandising Department ) * Angelica Javate as Lyn Shao ( VP ) * Gracielle Ann Garcia as Ms. Rhue ( Employee ) * Charmaine Dela Cruz as Ms. Yao ( Assistant Manager of Manager in Merchandising Dep’t. * Joanalene Tanangonan as Ms. Yi ( Secretary of Jing Shi ) Directed by: Group 5 Submitted to: Mrs. Jennifer G. Fronda SYNOPSIS: Cheng Shi is a MBA graduate who has everything handed to her because she is the future successor of Jingshi Department Store. However, her mother worries she will not make a good manager and decides to train her by having him work as an entry-level employee for a year. During the yea r she has to live on her own salary and never reveal her true identity, or she will have to renounce his succession right. Shi could not have survived the year has it not been for Mr. Roy’s office survival guide. Mr.Roy is a Jingshi marketing specialist who has just saved her first Php 50, 000 for the down payment on a house. She works very hard to achieve her goal. Together, Roy and Cheng accomplish the impossible, which is to shine on the bottom of the office pyramid. SCENE 1: Narration Narrator: My name is Christian Roy, an employee in Sales Department of Jing Shi Department Store. I’ve been in the workforce for four years, never treat others, don’t buy clothes that cost more than Php. 1, 000, don’t go to the movies, don’t go to KTV (Karaoke), don’t take the taxi, I’m so frugal because I want to buy my own house where mom and I can live in.Today is the day I’ve been anticipating most. Heaven sees all our hard work. As an off ice boy, I swallow my pride, endure and suffer through anything, work overtime everyday and don’t feel tired, never fight back when my boss yells at me, Im frugal with my money, and from my limited income, I’ve saved first 50, 000 pesos of my life. Although this 50, 000 pesos is just a little dent in the global economy, it’s a big step in my life. This 50, 000 pesos put me one step closer to my dream of buying a house. Some people may think that the life of an office boy is very boring, but I don’t think so one bit.I love WORKING! (AT THE OFFICE) ( 8:00 am ) Ms. Quin: Hey! Ms. Lee Min, may I ask what you are doing? Let me see what you are holding? -Ohh.. you aren’t trying to clock in for Christian Roy from Sales, are you? Ms. Min: of course not, manager. -I’m afraid that once Roy get’s here, he won’t be able to find her card, so I’m holding it for him. Ms. Quin: What are you holding when he’s not here! Clocking in for others is seriously against company policy. You’re in the HR Department and you didn’t know that rule? I don’t want to complain about you young ones, we all work hard to†¦ Ms.Min: Manager, there’s a hot guy. Ms. Quin: Where’s the guy? (Min will get the card of Roy on the hand of manager. Roy will clock in at exactly 8:00 am) Mr. Roy: Yes! (Dance) Ms. Quin: That’s enough. Mr. Roy, you got lucky. If not, I was thinking that your history of four years of perfect attendance would have been ruined. Mr. Roy: Manager, from now on, I’ll leave my house earlier. Ms. Quin: In the afternoon, I’m having a meeting with the CEO. Hurry and prepare the past three months of sales performance report and put it on my desk. Ok? Mr. Roy: Manager!But isn’t it your responsibility to gather the sales report for meeting? Ms. Quin: oh yeah! (smile) Of course that’s something that I, as manager, have to report. But you’re re sponsible in gathering the data. Get on it! Now! (The steps of Ms. Quin would cross Ms. Min) Ms. Quin: Move! (Ms. Min will act threateningly to Ms. Quin) SCENE 2: AT THE OFFICE OF MANAGER (AFTERNOON) Ms. Quin: I told you to prepare a sales report and you really did gather all this crap for me. Take a look. The numbers are so squished and condensed; CEO will get angry at the sight of it. (angry) (sigh) didn’t I tell you before?Pick a few goals, think of some slogan, so when everyone’s in the meeting, ‘ho hey’ or â€Å"wow† all the managers will applaud you and say that you’re the best. Here, do it again. Look for yourself, such a thick stack, are you turning in a thesis? Listen carefully. The version that you redo cannot be more than two A4 pages. Put it on my desk when you’re done. Got it? Mr. Roy: yes! I got it. Ms. Quin: I still have a few more meetings. (exit) SCENE 3: (AIRPORT) Ms. Cheng Shi: Ms. Yi, I'm here. Which car are you dri ving to pick me up? What? I don't care. If it doesn't fit, that's your problem. (Angry) Gossh. become irritated) Background Music (Department Store) Ms. Yi: Good morning Maam. Ms. Cheng Shi: Why did you bring me to the department store? Ms. Yi: The President told me to bring you here directly. Ms. Cheng Shi: Why's she so impatient? Can't she let me first take a rest? She isn't wanting to discuss my inheriting the company, is she? Ms. Yi: I’m not sure maam. SCENE 4: CEO OFFICE Ms. Cheng Shi: Mom. Did you take a look at the proposal which I mailed you before I returned? Great, isn't it? Ms. Jing Shi: I looked at it. Of course I looked at it. It's the proposal that wanted to tear down the old neighborhood around the department store.From now on, you'll start at the bottom of the company. Work hard. Cheng Shi: Stop kidding around. The point of sending me to the US to get an MBA is so that I can inherit the company and become the CEO. I'm ready! Ms. Jing Shi: You're ready†¦ f or what? Are you ready to ruin my life's work? Your studying in the US, tell me how much of my money you spent! Other people can get their degree in two years. You took five years. When you were a student, you didn't wake up in the day and didn't sleep at night. Exactly what you were doing, think I don't know? Ms. Cheng Shi: Mom, I admit that in the past, I liked to play a little too much.But right now, I'm set on expanding the business. I understand your intention to have me start from the bottom. I can make do with starting from Manager. Ms. Jing Shi: Manager? Ms. Cheng: Yes. Ms. Jing Shi: All right. From now on, you are the new employee in the Sales Department of Jing Shi Department Store. Go and start as an assistant. Ms. Cheng: No, Manager. Ms. Jing: Start as an assistant. In the future, you can only spend the money that you earn. And you must sign these five clauses. One, you must not reveal your identity at the company. Two, your year-end performance must be above â€Å"very good†. Three, you can't use my money.You can't use your credit card. Four, you can't live at home. Five, you can't reveal this contract. If within a year you haven't violated this contract, then I will consider your inheritance of this company. Ms. Cheng: What if I violate the contract? Ms. Jing: Then, that means you don't have the ability to survive in the workforce, so don't even talk about managing. Why are you laughing? Ms. Cheng: What did I do that made you look down on me? I don't want to inherit the company anymore, all right? SCENE 5: CEO OFFICE (Knocking the door) CEO (Ms. Jing): come in. Ms. Shao: President CEO: you’ve worked with me the longest.You understand my daughter too. I think that you would agree my decision. Will you help me to discipline my daughter and take the opportunities I offered to her? Ms. Shao: (agree) CEO: Jing Shi Department Store is like my daughter. I don’t want to ruin her life and to destroy her of the other. Ms. Shao: Donâ₠¬â„¢t worry. Leave it to me. CEO: Thank you. SCENE 6: HR DEPARTMENT ( AT THE VP OFFICE) Ms. Shao: Cheng, your mother sent you abroad to study, not to play. MS. Cheng: I did. I even got my diploma. (take a coffee) all she wanted was that diploma. Ms. Shao: let me tell you, your mother is serious this time. If you show her good results†¦ Ms.Cheng: Auntie Shao, you’ve worked with her more than 10 years, you don’t know her past time, do you? She takes great joy in rejecting me. No matter how good a job I do, she’ll never be satisfied. I sometimes question whether I’m her biological daughter. Ms. Shao: of course you are! Why am I telling you all this? (sigh) then use your actions to prove to your mother that she’s wrong. This is your contract (give the pen) unless you don’t have the guts. Oh. And from now on please call me â€Å"VP Shao† Ms. Cheng: Yes VP Shao. May I ask if you have any other orders? Ms. Shao: yes. This is your accoun t book. Also Mr.Ralph has already rented a house for you. From now on, you have to move out and live on your own. The keys and address are inside. Ms. Cheng: (open the envelop) 5, 000? Is it dollars or euro? Ms. Shao: Philippine peso Ms. Cheng: Impossible! Ms. Shao: Possible! Ms. Cheng: My expense for one night is more than 3, 000! Ms. Shao: you should know this is the first time the company’s paid a salary in advance. Your future salary will be deducted to reflect that. You have to understand. The company’s been in business for more than ten years. This is the first time that an employee’s been paid in advance. So you should manage your money wisely.So, what do you think? You can’t afford to play this game? Ms. Cheng: (smile) can I not? Ms. Shao: of course. Then I call you this in future? Ms. Cheng: call me what? Ms. Shao: sissy. Ms. Cheng: I’ll play with her. (sign to contract) SCENE 7: SALES DEPARTMENT Ms. Quin: Mr. Christian Roy! What is this? Look, this page is filled with tiny characters. If you’re so good with small font sizes, why don’t you edit a dictionary? Mr. Roy: (sigh) I’ve already tried my best to focus on the important points, but there is too much data. 2 pages of A4 is not enough. Ms. Quin: A4 was just an example. Take it as an example. Got it?What are you trying to say by making the font so small? Do you want me to hold magnifying glass when I report it to the CEO? How can you comprehension be so low? Mr. Roy: then let me go and increase the size. Ms. Quin: no. never mind. Since, you’ve already done it, got to the meeting with me. Mr. Roy: Meeting? Ms. Quin: What? Are you questioning me? I’m letting you see for yourself how we high class managers hold an inter department meeting. If you aren’t at a certain level, you can’t even attend. It’s your luck to be able to go with me. Cherish and seize this opportunity, got it? Remember, after we go in, only sp eak when I tell you to.Don’t start a fire for me! Mr. Roy: yes sir. Ms. Quin: move. Move! Get on it. SCENE 8: SALES DEPARTMENT Ms. Quin: What? Did you go to the wrong department again? Ms. Min: Manager Quin.. this is the new employee in the Sales Department, Cheng Shi. This is her resume. Then, she’s all yours. Bye. Ms. Quin: bye.. , Ms. Cheng. Ms. Cheng: yes? Ms. Quin: you studied management. Ms. Cheng: yes. Ms. Quin: hey.. Ms. Cheng: yes? Ms. Quin: if you sent directly from HR, it means you have some connections. Tell me, what’s your connection? Ms. Cheng: I applied for the position myself. No one referred me. Ms. Quin: then listen to me Ms. Cheng Shi. The ost important department in Jing Shi Department is our Sales Department. Under my great and fine guidance, we have the highest performance of all departments. Ok. Ms Shin, do you really think that just because your last name is â€Å"Shin†, you’re the relative of the president or something? Hel lo no! the sales goal for our department is â€Å"do what I tell you to† ok? Hey you (pointing out Roy) this newbie is your responsibility. Mr. Roy: ok. She’s in good hands (Shin will step closer to Ms. Lou) Let me first introduce to you our co-workers. Ms. Cheng: it’s time for my lunch. (back out) Mr. Roy: hey Cheng, its working hours, where are you going?Ms. Cheng: I already told you, to lunch! It’s almost noon. Mr. Roy: I was introducing your co-workers and you didn’t care. Is that the attitude a Newbie should have? Ms. Cheng: then may I ask you what attitude should a newbie have? Mr. Roy: respect your boss! Ms. Cheng: so it doesn’t matter whether the boss is right or wrong, everyone should shut up and blindly follow. That shouldn’t be called respect. Mr. Roy: Oh my! I don’t care. Anyway, manager wants me in charge. If you perform badly, I’m responsible. Ms. Cheng: I’m really hungry. If you have anything to say do it over lunch!. Mr. Roy: grr.. SCENE 8: CONVENTION OFFICECEO: Jing Shi Department Store has always been the top performer of the department store industry. But this season, our sales have slumped badly. The gap between our sales and other five big department stores is narrowing. About this, I believe that each department has already come up with a proposal to reverse this trend. Manager Patrick Li, you go first. Mr. Li: Director, the Merchandising Department has always been able to attract the top brands. Of course, in the future we will to expand our market share. However, the performance of Sales department.. (Smile) the companies that we work with have all had problems.CEO: where’s VP Cruz of Sales? Ms. Quin: Director, VP Cruz has taken the day-off, so I, Ms. Quin, am temporarily taking her spot today. CEO: then does Sales have any thoughts on the matter? Ms. Quin: we do. The Sales Department is â€Å"always be ready†. Christian Roy will report to you. Mr. Roy: Manager, you didn’t ask me to prepare anything. Ms. Quin: I don’t care whether or not you’re prepared. Go for it! Here yes. Mr. Roy: Director, after a long observation period conducted by our department, we found that the companies we work with also work with many other stores. This means the brands lack exclusiveness. Ms. Yao: Ms.Lou, the Merchandising Department has already brought in world-class brands. If you don’t think that’s enough, please describe in detail what has to be done, so that we can improve. Mr. Roy: ahh.. hmm. Sorry Director but I don’t know we need first to conduct a new proposal again. Ms. Yue: Ms. Lou, don’t tell me you only have ideas but no concrete plan of action? How about this? CEO: Sales Department will take care of this case. Now, Mr. Quin how many days do you need? SCENE 9: SALES DEPARTMENT Ms. Rhue: hey, why did you started a fire and in front of Director too? What we need to do now? Mr. Roy: I was just giving an example.Who knew things would turn this way? Ms. Yao: You’re so pitiful Cristine Lou. You’re really a girl we should care about. I have an idea that could help you. Mr. Roy: how? Ms. Yao: easy. Just make an appointment with other competent store.. Ms. Cheng: (laugh) are you kidding Ms. Yao? Do you know guys why sales in the company have fallen? Mr. Roy: who knows? Ms. Cheng: because employee like you guys. You’re either stupid (staring at Lou), take pleasure in other misfortune (looking at Ms. Yao), complain after the fact (looking at Rhue), or have the attitude that it’s best to keep to yourself. I’d be shocked if the company’s sales increased.Mr. Roy: (take a coffee) excuse me. Ms. Yao: besides criticizing and complaining, is there anything else you can do? Ms. Rhue: Correct! Ms. Cheng: I really want to do something, but I don’t have the opportunity. Ms. Rhue: there are opportunities. How could there be none? You can help Cristine Lou to settle this issue. Ms. Cheng: Please take responsibility for your own action. Not my doing. Mr. Roy: Ms. Cheng Shin, I don’t need a newbie who flips through magazines during office hours to help me. Ms. Cheng: thank God. I don’t have any interest in helping a boss who has only experience but no capability. Mr.Roy: what did you say? SCENE 10: NARRATION Ms. Cheng made a secret proposal that can solve the company’s problem. All staffs and employers applaud Ms. Cheng for her great ideas and she is now promoted as the manager replacing its old one which is Ms. Quin. Ms. Cheng experienced some problems but only Roy helps her to come up. That’s why they became friends. Lately, Ms. Jing Shi becomes more proud to her daughter. Christian Roy  is not the best or the hardest worker, neither is he the worst. They enjoy working because it gives him the money to enjoy life. They are the new generation of office workers. Ending: Dance Craze

Friday, January 10, 2020

The Pitfall of Essay on Anorexia

The Pitfall of Essay on Anorexia Rumors, Lies and Essay on Anorexia Family therapy is usually conducted with the individual who has anorexia and their family members. Eating disorders are so common, since it is simpler to skip a few meals than it is to visit the gym for one hour each day. They can also develop because the person feels that she has lost all control in her life, and food is something she can control. They are becoming more and more common in teenagers and even adults these days, on account of societys idea of the perfect body. Essay on Anorexia: No Longer a Mystery People with Anorexia are generally too great to be true. Eating disorders influence some 30 million women and men in the United States of america. They have become very prevalent in the United States, as well as all over the world. They are much more complicated than that. Life, Death, and Essay on Anorexia Nevertheless, your essay needs to be well-grounded, and all of your ideas, along with sta tements about anorexia that you wish to argue, needs to be reasonable and relevant. One of the absolute most important themes that may be described in the essay is health troubles. As it was mentioned, it depends upon the objective of your writing. Needless to say, the central goal of your upcoming essay is going to be regarding the anorexia, but your task is going to be to discuss it from a specific angle. For this reason, you ought to be mindful of what is proper for mentioning in each component portion of your anorexia essay. Anorexia can be a root cause of several troubles and raise a range of meaningful questions. The precise cause of anorexia isn't known, but research suggests that a combo of specific personality traits, emotions, and thinking patterns, and biological and environmental aspects may be responsible. Follow this link for more sophisticated info on anorexia therapy. Since you can see there are a variety of results and a number of them have not even been n amed. Mental illness differs. Suffering from an eating disorder isn't a joke. Understanding of the source of anorexia is unknown, and the causes might be varied. Patients with anorexia often utilize starvation as a type of self-punishment, known as rigidity. Counseling and therapy for anorexia Counseling is vital to anorexia therapy. Sexual anorexia is an uncommon tendency nowadays because it's abstinence from intercourse. Anorexia and bulimia are both eating disorders which are mostly brought on by psychological problems. Bulimia is frequently a great deal simpler to treat than anorexia is because it's been found that bulimics often want help and wish to be cured. Studies have revealed that there isn't lots of sympathy for Anorexia Nervosa sufferers. Anorexia Nervosa and Bulimia Nervosa are definitely the most frequent eating disorders on earth. While anorexia athletica isn't the identical disorder as anorexia nervosa, it can have a number of the identical long-term effects if it goes on for a protracted period of time. How to Choose Essay on Anorexia There's no obvious cause of eating disorders, but they might be a consequence of several things. Anorexia is an illness, so there's not anything wrong with seeing a doctor to recoup from it. After ruling out clinical causes like pregnancy is a sign of anorexia. There is not merely mental issues that come from anorexia, but there are several bodily issues. The Essay on Anorexia Cover Up The most typical symptom is the refusal to keep a healthful body weight. The status is now able to be fatal. Another category of expected causes of eating disorders is that they're brought on by psychological elements. Also, anorexia was linked to the potential cause of excessive physical activity. Bulimia isn't thought to be dangerous to someone's health as anorexia, but additionally it has many detrimental impacts on the body. Extreme weight reduction in people with anorexia nervosa may lead to dangerous health difficulties and even death. Eating disorders aren't a fad diet or an experiment to shed weight, but they're serious complex disorders that may take quite a few years to recover from. They can also reslut in paralysis becasue of the lack of potassium in the body causes the body to become very weak and unable to move. The Dirty Truth on Essay on Anorexia There is not anyone definitive method, but here are a couple of very good ways to get started. Even more severe problems result if there's still no therapy. Despite treatment, some folks die. For people that self-mutilate, treatment with professionals experienced in addressing that matter is paramount. The 5-Minute Rule for Essay on Anorexia The obsession should not be permitted to get started. The outside l ook of a person with anorexia doesn't dictate the quantity of physical and mental turmoil they are enduring. It can be difficult to speak about what you're going through, particularly if you kept your anorexia a secret for a very long moment. The anorexic person might also be extremely scared to get weight or feel the need to work out obsessively.

Wednesday, January 1, 2020

Good Faith and Contract Law - Free Essay Example

Sample details Pages: 7 Words: 2217 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Tags: Contract Law Essay Faith Essay Did you like this example? Good Faith Contract Law the governing principle applicable to all contracts and dealings . This statement was made by Lord Mansfield in 1766 and was an (unsuccessful) attempt to raise good faith to the level of a general principle, the common law as it subsequently developed rejected his initiative. The traditional law of contract, as it became established in England in the second half of the nineteenth century, did not impose or recognise a general duty of good faith. The notion of good faith undoubtedly pervades English law, but there is no single recognised doctrine of general application. Don’t waste time! Our writers will create an original "Good Faith and Contract Law" essay for you Create order The law is generally ready to strike against instances of bad faith: for example where lies are told in pre-contractual negotiations and where the weak are exploited or pressurised the application of concepts of contract law will make such contracts void or voidable,. However, no liability or remedy is to be had against the party who, acting in his own best interests, disengages from the negotiations. Moreover, the traditional view of the law is that during the performance of a contract one partys motivation is not relevant to define contractual rights, nor may (bad) motives increase the scope of express obligations. Aside from specific types of contracts, insurance being the notable example, there is no recognised extra-contractual duty on one party to disclose facts that may turn out to be of importance to another . This can be contrasted with the position in other countries including Australia and Northern Ireland where the notion of good faith is more readily accepted. Steyn J who foresaw a future for good faith doctrine in English law however such a future has sadly not developed, or if indeed it has developed it has so in a piecemeal fashion. Bingham L.Jà ¢Ã¢â€š ¬Ã¢â€ž ¢s perception has proven to be closer to reality, he stated when speaking with reference to the incorporation of conditions in contracts: The tendency of the English authorities has been to look at the nature of the transaction and the character of the parties to it; to consider what notice the party was given of the particular condition ; and to resolve whether in all the circumstances it is fair to hold him bound by the condition. This may yield a result not very different from the civil law principle of good faith, at any rate so far as the formation of contract is concerned . The classical theory of contract appeared to be hostile to the emergence of a general doctrine of good faith. Sir George Jessel M.R. emphasised that their was a strong public interest in maintaining th e notion of freedom of contract which would necessarily exclude the notion of good faith : If there is one thing which more than another public policy requires it is that men of full and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of justice. Therefore you have this paramount public policy to consider that you are not lightly to interfere with this freedom of contract. A party to a contract could therefore expect that the contract would be enforced according to its terms even if the terms were unfair. Despite these early reluctances to include good faith as part of contract law, it emerged as an important and necessary role in some aspects of contract law. The modern law of contract places more emphasis on conduct which takes account of the interests of the other party to the contract . Some of these specific circumstances will now be considered, The common law imposes a duty of good faith in insurance contracts. The requirement of utmost good faith in insurance contracts requires disclosure by the insured of any fact material to the risk and abstention from misrepresentation. The justification for the creation of the duty is that only the insured knows the material facts and the insurer has no reasonable means of discovering them, although this same argument could be advanced in respect of general contract law. Another aspect of good faith arising out of insurance contracts is the rule that an insurer settling claims under a limited liability policy must act in good faith towards the insured and must have regard to his or her interests both in the defence of actions against the insured and in their settlement . The Supreme Court of Ireland have taken a very different view to the principle of good faith in insurance law and this is best highlighted by the case of Aro Road and Land Vehicles Ltd v Insu rance Corporation of Ireland in this case the assured wished to send goods by road via a carrier. At the carriers instigation they effected insurance, the carriers acting as the insurers agents for this purpose. They were asked only for the details of the journey and the value of the goods, and did not volunteer any further information. The lorry carrying the goods was hijacked and set on fire, but the insurers refused to pay out on the policy, pleading that the assured had failed to disclose that their managing director had, some 20 years previously, been convicted of a number of offences of receiving stolen motor vehicles, for which he had served a sentence of 21 months imprisonment. The decision in this case was in summation that this was not reason enough for the insurance policy to be invalidated and the reasoning was that there is no breach of utmost good faith if the proposer has genuinely forgotten a material fact, at least where there is nothing (eg a proposal form) to jog his memory. Utmost good faith, they say, requires a genuine effort at accuracy, but does not require the proposer absolutely to guarantee the accuracy (and by implication the completeness) of his disclosure. This shows an inherent flexibility in the courts of Ireland to utilise and dismiss the notion of good faith in a sensible manner and this is evident in the general application of good faith in Ireland. Again in Contracts for the sale of land the vendor of land is under a duty to disclose material matters relating to the title which are known to the vendor but which the purchaser has no means of discovering . The duty of good faith also exists in the following situations, the mortgageeà ¢Ã¢â€š ¬Ã¢â€ž ¢s exercise of a power of sale, in relation to the principles of equity governing fiduciaries, undue influence and unconscionable conduct and estoppel, including promissory estoppel and in the duty to refrain from making misrepresentations. More importantly it is suggested tha t in certain situations there exists a common law duty on the parties to a contract to co-operate in achieving the objects of the contract. Where the parties have agreed that something shall be done which cannot effectively be done unless both parties agree in doing it, there is an implied obligation on each party to do all that is necessary to be done on his or her part for the carrying out of the thing . This can be seen specifically in the case of Meehan v. Jones where performance of the contract was conditional on the purchaser receiving approval for finance on satisfactory terms. Wilson J considered that there was an obligation on the purchaser to make reasonable efforts to obtain finance on such terms, though we doubted that the purchaser was required to do more than act honestly in deciding whether to accept or reject an offer of finance. That approach to the situation gave effect to the expectations of the parties and achieved a fair and sensible balance of their interests. Another important element of the concept of good faith is that that can be seen in the notion of fiduciary relationships. The principles of a fiduciary relationship require the disclosure of material matters and require the fiduciary to subordinate his or her interests to the legitimate interests of another by reason of the relationship which subsists between the two parties. It can of course be argued that the fiduciary principle is stronger than the good faith doctrine in that it gives primacy to the interests of the party to whom the fiduciary obligation is owed. The good faith doctrine is concerned with those who contract and are on an equal footing. The principle of good faith also finds ground in the doctrine of à ¢Ã¢â€š ¬Ã…“unconscionable bargainingà ¢Ã¢â€š ¬Ã‚ , this is the situation where relief is granted when a transaction, is so unconscionable that it cannot be allowed to stand. The requirement is thus that there exists an unconscientious taking advantage of t he serious disability or disadvantage of the person in the inferior bargaining position by procuring or retaining the benefit in question in a way that is both unreasonable and oppressive . . In Australia, unconscionability has been relied upon as a ground in relieving a purchaser from forfeiture of his equitable interest under a contract of sale pursuant to a notice making time of the essence of the contract leading to rescission of the contract . Once relief against forfeiture was available specific performance of the contract could be ordered. The purchaser had gone into possession under the contract and erected a house on the land but was unable to pay the balance of the purchase price on the due date. This approach was taken further in the case of an instalment contract for the sale of land under which the purchasers had been let into possession, though they were not entitled to possession until completion, and had built a house on the land . Again, the contract had been re scinded, this time for non-payment of an instalment. In this instance the majority likened a terms contract to a mortgage, the forfeiture provision being by way of security for the payment of the purchase price so that there was no need to establish unconscionable behaviour of an exceptional kind. In Australia, the emergence from the shadows of this ground of equitable relief has relegated the doctrine of undue influence to a position of relative unimportance. Unconscionability and undue influence overlap, the latter being more limited in scope, concerned as it is with the exercise by the contracting party of an independent and voluntary will. Perhaps the most important notion of good faith can be found in the law of restitution which transcends the traditional common law causes of action and equitable grounds for relief. General principles are being articulated and refined which may apply indifferently, whether the basis of the claim has its origins at common law or in equity. I n Lipkin Gorman v. Karpnale Ltd , it was acknowledged that the underlying principle governing the recovery of money had and received at common law in restitution is unjust enrichment. Here again unconscionability underlies the claim for unjust enrichment and imports into contract law the notion of good faith. Good faith and fair dealing concepts are already substantially in place under English law, though not in contract negotiation. In that area, the application of specific good faith and fair dealing duties, based on the reasonable expectations of the parties, might advance the interests of justice. Furthermore, recognition of good faith and fair dealing concepts would bring greater coherence and unity to the varied array of principles which are presently available in the area of contract performance. Finally as Mason points out à ¢Ã¢â€š ¬Ã…“the criticism of those doctrines may be no more than the reluctance to accept unconscionability as a basis for relief; in other words, the reluctance is in truth an objection to the application by courts of generalised concepts and standards instead of rigid rulesà ¢Ã¢â€š ¬Ã‚  . As to whether or not there exists a future in English Law for the principle of good faith remains to be seen. There are underlying notions of the principle of good faith and it would seem that the sensible notion would be to codify this principle and make it generally applicable to all contractual dealings; it seems unlikely however that English Law is willing to accept such a principle. 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