Extended commentary of During Wind and Rain by Thomas Hardy Essay Example for Free

Extended commentary of During Wind and Rain by Thomas Hardy Essay On the Title: An ambiguous and interesting choice of title, in that it is – as I will show – both incongruous with the tense (or time-scale) used in the poem and draws the reader’s attention to descriptions of the weather. The word â€Å"during† makes the weather conditions affect the present. However, the poem is mostly written in the historic present and many of the stanzas depict images of bright, pleasant days – not the â€Å"wind and rain† alluded to in the title. There is clearly an intentional discrepancy being orchestrated here by Hardy. Quote SLS: â€Å"Beware â€Å"during†, the incongruous preposition.† Overall Structure: Four stanzas of seven lines, with a very strange (but regular) rhyme scheme. Hardy uses a very odd structure indeed. The rhyme scheme utilised in the poem consists of: ABCBCDA. There are multiple effects of this: * The sixth line in the stanza breaks the poetic flow of the stanza, as it is the only line not to rhyme with another – hence acting like a mid-stanzaic volta. It draws attention to itself. Therefore, it should come as no surprise that the sixth line of every stanza breaks away from the theme of familial happiness painted in the previous five lines, and turns the subject to the contrasting theme of death. Observe the refrains used! * The drawn out â€Å"A† rhyme encompasses the entirety of each stanza. Given that the last line (about death) is linked to the first (about life), is Hardy trying to show the unavoidable connection of life and death? * Seven lines to each stanza perhaps represent a week, just as the four stanzas represent the seasons? Very poor allusion. Themes: Death, Family life, Time, The Seasons. Difficult Language Notes: â€Å"Blithely† means â€Å"happily†. First Stanza Notes: â€Å"They sing their dearest songs – He, she, all of them – yea, Treble and tenor and bass, And one to play; With the candles mooning each face Ah, no, the years O! How the sick leaves reel down in throngs!† This poem is one full of repetition and refrain. The general layout of each stanza, in terms of theme, organisation and repetition of certain lines, remains constant. Each stanza, for example, opens with an image of a family – presumably the same one throughout – in a place, or carrying out an action, in a unified and â€Å"happy† way. This stanza evokes a scene of the Victorian family gathered, singing, around a piano (â€Å"one to play†), as piano playing and â€Å"sing-a-long† was, of course, very common in Hardy’s time. Note how he only uses personal pronouns; distancing effect? Hardy goes to perhaps extreme lengths to show the family’s unity. On a critical note, one could criticise his rather inefficient use of the first four lines of this poem, but that is not our aim. Some analysis: * â€Å"They sing their dearest songs†. Note the use of a superlative adjective in â€Å"dearest†. It is the first of many. We may query its meaning; perhaps it indicates a certain reverence to familial attitude, both in Hardy and in the family itself. They are enjoying it! * â€Å"He, she, all of them.† Illustrates a togetherness within the family – one which (as Hardy will later comment upon) Death inevitably overcomes. The following line regarding the different musical voice (â€Å"Treble and tenor and bass†) illustrates a similar thing, but is used to point out that Death affects all elements of family, regardless of age. How very depressing – we’re only at line 3! Even better, he does this in all stanzas. * â€Å"– yea† Note use of colloquial (conversational) affirmative. Not only is it used to force the rhyme scheme, but it contrasts with the later â€Å"Ah, no†, which is negative. Hardy does this in all stanzas. Without jumping ahead, however, it is simply a friendly comment of approval. * â€Å"With the candles mooning each face† Night time scene. Interesting, seeing as it contrasts with the other images presented, which are all in bright daylight. * â€Å"Ah, no; the years O!† Thus we encounter the â€Å"inter-stanzaic volta†. Not only does the rhyme scheme depart from regularity (We label the sixth line in all stanzas the ‘D’ rhyme, as it is the only line not to have a rhyming companion). It signifies a departure from the pleasant theme of the unadulterated joy of family life, and an arrival at the theme of its death – or the fact that it is all going â€Å"to pass† eventually. As before mentioned, the â€Å"Ah, no;† contrasts with the previous affirmative. The actual sense of this line is rather obscure. We assume that Hardy is implicitly commenting on the fact that â€Å"the years† take away/ damage the family life – as they pass, so does the family and its happiness. â€Å"O!† is an ejaculation, expressing sadness or mourning for the family. * â€Å"How the sick leaves reel down in throngs!† Hardy furthers his ideas about death. Here is a line referring to the autumnal decay of life – leaves falling – and the way in which it precedes Death. Note how the leaves, when considered in â€Å"throngs†, may represent people? In the same way, a â€Å"reel† is a type of dance; is this (a slightly sick) dance of death? Unlikely, but we must remember that Hardy has no qualms with tragic irony. Second Stanza Notes: â€Å"They clear the creeping moss – Elders and juniors – aye, Making the pathways neat and the garden gay; And they build a shady seat Ah, no; the years, the years; See the white storm-birds wing across!† Once again, Hardy begins his stanza with an image of the family, this time in the garden – presumably in spring, as suggested by the fact that they are clearing the remains of winter (â€Å"the creeping moss†), whilst he describes the garden as â€Å"gay†. One can immediately recognise the structural similarities shared with the first stanza, as well as the meaning behind the â€Å"pleasant† image. * Note that Hardy now observes that both â€Å"Elders and juniors† participate – again, he differentiates between the different members of the family, but now uses the factor of age, as opposed to musical voices. This serves only to strengthen the original analysis; that unity may be visible and, indeed, enjoyable, but it is only fleeting in the face of Death. Lovely * Observe how the family’s actions are arranged around both â€Å"making the place neat/pretty† and around comfort. â€Å"Making pathways neat† and â€Å"building a shady seat† have only temporary effects upon happiness – the â€Å"moss† will grow back, the pathways will become untidy in time, when Winter (representing Death and decay) comes. Thus we find that Hardy is setting up, within his â€Å"pleasant† image, the backdrop upon which he wishes to point out that all happiness, joy – and life itself – is fleeting. * Or is it an image of the â€Å"futility of human endeavour† – the weather will erode the order imposed upon it, and ultimately Death will prevail? * On an aside: evidence for the scene being set in spring: if the seat is shady, then surely the sun must be out in broad daylight – not a symptom commonly associated with the Wintry illness! Ah, no; the years, the years; See the white storm-birds wing across! And yet, on cue, Hardy revives his alternative theme – this time with a slightly different D rhyme/phrase. The colloquial negative remains, but Hardy uses the echo of â€Å"the years† to emphasize the passage of time. He uses the same phrase in the fourth stanza, yet repeats the primary ejaculation in the third stanza (they alternate). The final line of the stanza is rather interesting. â€Å"Storm-birds† sound like mythical beasts – perhaps the extremity of phrase reflects that of Death? – yet they are most likely geese, flying away before Winter comes. It is not as disturbing an image as that of the leaves â€Å"reeling†, but it again points to the same idea. The use of strong verbs in all final lines in all stanza adds to their strength: â€Å"reel† in Stanza One, â€Å"wing† in the second, etc. â€Å"To wing† itself is an unusual choice, perhaps adding to a sense of the supernatural. Think back to â€Å"Neutral Tones† and the â€Å"ominous bird a-wing†. The verb has the same effect here. Third Stanza Notes: â€Å"They are blithely breakfasting all – Men and maidens – yea, Under the summer tree, With a glimpse of the bay, While pet fowl come to the knee Ah, no; the years O! And the rotten rose is ript from the wall.† Here Hardy is at last explicit about the season and its effects; much as Autumn and Winter are representative of Death and decay, spring and summer bear idyllic delights. In this stanza, we find ourselves in the latter. One cannot â€Å"overdo† the emphasis which Hardy applies to the seasons. He pictures human life as tragically linear, whilst comparing it to the inevitably cyclical seasons. In the end, the seasons – especially Winter – bring about the decay of a finite life. And yet, to begin with, this stanza suggests that the family are blissfully unaware of that fact. * Once again, we find the family in unity and happy – seeing as they are â€Å"blithely breakfasting† – suggesting a disregard for the potential decay and sadness. They appear to live in the happy present. * It has been suggested that the family have now grown up, seeing as they are now described as â€Å"Men and maidens† as opposed to â€Å"Elders and juniors†. Side point – no way to substantiate claim. Of course, now Hardy differentiates between them using sex – all the more differences which Death can overcome. * Allusions to an Arcadian ideal – a perfect landscape, full of happiness – are impossible to avoid. â€Å"Under the summer tree / With a glimpse of the bay†; it sounds more like Tuscany than Britain! Of course, Hardy is not that explicit. The â€Å"bay† may just as well be a bay tree, as much as a bit of coastland. Still, the image remains idyllic. And yet, â€Å"I [Death] am here†. * â€Å"The pet fowl† may represent a further source of happiness – domesticated or agricultural livestock have always been kept for the happiness of one’s stomach or one’s heart. Either will do. More human endeavour to be laid waste to by Death? Here, as usual, the poem breaks away and returns to the original ejaculation about the years passing. Note how the â€Å"O!† lengthens the line – it slows the reader down. Otherwise analysed above. The final image evocative of Death, however, is of our greatest interest: â€Å"The rotten rose is ript from the wall.† Again, an ambiguous phrase creates the sense of sickening mystery which Death itself possesses. Not only does the obvious alliteration of the â€Å"r† sound mount both the tension and force placed upon the final verb, but it also mirrors the ugly nature of the act itself. â€Å"Ript† is merely an archaic spelling of â€Å"ripped† – the sense is the same and bears the same strength. Yet who, or what, rips up the rose? Obviously, the image is representative of Death claiming a life; the verb suggests an unpleasant or untimely death. Quote SLS: â€Å"A complete severance from life†. Perhaps we can extrapolate this further to make a comment on the cruelty of Death in Hardy’s eyes? It may well be the wind. This would fit with the title, although we must still ponder the incongruous preposition, â€Å"during†. Perhaps the entire image is metaphorical, and Death is simply tearing a previously beautiful flower (â€Å"rotten† is probably representative of â€Å"old†) away from life? Fourth Stanza Notes: â€Å"They change to a high new house, He, she, all of them – aye, Clocks and carpets and chairs On the lawn all day, And the brightest things that are theirs Ah, no; the years, the years; Down their carved names the rain-drop ploughs.† Clearly the family have grown wealthier, to move house – and, it seems, they have moved quite literally â€Å"up† in the world, as it is a â€Å"high† one. One may question whether this stanza overly reflects upon the materialistic joys of the world. Maybe that is Hardy’s intention. I doubt, however, that this is an explicit attack upon those who value material objects; rather a memento mori, in that, despite the temporary pleasure of wealth and possessions, Death will always claim victory. Deeper analysis: * Note how we have returned to â€Å"He, she, all of them†. Have we come round in a full generational cycle? * The weather remains good, as the family display their possessions on the lawn, presumably as they either prepare to move them to the new house from the old, or simply before they have been properly installed. Clearly Hardy is using summer to represent joy and prosperity. * The language bears little complexity – hence little analysis! Is this done to reflect the simple, but enjoyable, pleasures of materialistic desires and good weather? * â€Å"Brightest things which are theirs†. Note another superlative. Relevance/ importance, other than to add emphasis? (Have previously analysed the secondary ejaculation. Now repeated.) The final image of the poem is possibly the most interesting, dramatic and explicit. â€Å"Down their carved names the rain-drop ploughs.† Here Hardy at last makes an explicit reference to the subject of death, in that their â€Å"carved names† are grave stones, whilst also tying in the title (with the reference to the weather). Primarily, we are shocked by the contrast; clearly, Hardy is imagining the same individuals with whom we are now familiar (as â€Å"the family†) as being dead. They have been buried. This is a very sudden and rather upsetting realisation. Hardy very successfully makes his point about the frailty and temporal nature of life. Their successes and happiness are irrelevant. How depressing! Worse, Hardy suggests that the weather erodes them not only in life, but also destroys (â€Å"ploughs†) their memory in death; the rain drop appears to be eroding away the names from the stones. This insensitivity contrasts with the use of â€Å"names†, which are highly personal. Perhaps, however, Hardy intends â€Å"ploughs† to be positive. As in the agricultural sense, the rain drop prepares for new growth? Final note: Is the narrator writing the poem in the grave-yard? Are the images he recollects merely his memories of a family now dead – the images of Death are all happening around him â€Å"during wind and rain†? Clever point. Perhaps.

A Comparison of Women in Amy Tans The Joy Luck Club and Kitchen Gods

Strong Women in The Joy Luck Club and The Kitchen God's Wife  Ã‚        Ã‚   One of the common themes in both The Joy Luck Club and The Kitchen God's Wife is strong women. All the women in both generations in each book gain strength through different experiences. These experiences range from a war-ravaged China to the modern day stresses of womanhood. Though different experiences have shaped each woman, they are all tied together by the common thread of strength.    The Joy Luck Club portrays strong women. The examples that come across most strikingly to the reader are the women who lived in traditional China. An-Mei Hsu gained her strong will from her mother's weak spirit. In her story, titled "Magpies," An-Mei's mother is forced into the life of a concubine. Her mother is tricked by Wu Tsing, a rich merchant, and is brutally raped. Second Wife's trickery lures An-Mei's mother into a life in which she is forced to bear a son that she cannot claim as her own. As a last resort, An-Mei's mother commits suicide two days before the Chinese New Year, in order to ensure that her daughter can someday rise above the position of a concubine's daughter. An-Mei's mother, as the poison travels through her body, whispers, "I would rather kill my own weak spirit so I can give you a stronger one."    Another example of a strong female character is seen in Suyuan Woo. During her escape from China, she is forced to abandon her twin daughters on the roadside. She leaves her daughters with the hope of someday returning to them. As the women of the Joy Luck Club tell June, "She walked down the road, stumbling and crying, thinking only of this one last hope, that her daughters would be found by a kindhearted person who would care for ... ... At this moment, Winnie's life takes a turn for the better, for she now knows that she can endure anything that life has to offer.    According to critic Susan Dooley, "Amy Tan's brilliant novels flit in and out of many realities but all of them contain mothers and daughters....Each story is a fascinating vignette, and together they weave the reader through a world where the Moon Lady can grant any wish, where a child, promised in marriage at two and delivered at twelve, can, with cunning, free herself; where a rich man's concubine secures her daughter's future by killing herself and where a woman can live on, knowing she has lost her entire life."    Works Cited and Consulted: Tan, Amy. The Kitchen God's Wife. New York, Ballantine Books, 1991. Tan, Amy. The Joy Luck Club. Vintage Contemporaries. New York: A Division of Random House, Inc. 1993. A Comparison of Women in Amy Tan's The Joy Luck Club and Kitchen God's Strong Women in The Joy Luck Club and The Kitchen God's Wife  Ã‚        Ã‚   One of the common themes in both The Joy Luck Club and The Kitchen God's Wife is strong women. All the women in both generations in each book gain strength through different experiences. These experiences range from a war-ravaged China to the modern day stresses of womanhood. Though different experiences have shaped each woman, they are all tied together by the common thread of strength.    The Joy Luck Club portrays strong women. The examples that come across most strikingly to the reader are the women who lived in traditional China. An-Mei Hsu gained her strong will from her mother's weak spirit. In her story, titled "Magpies," An-Mei's mother is forced into the life of a concubine. Her mother is tricked by Wu Tsing, a rich merchant, and is brutally raped. Second Wife's trickery lures An-Mei's mother into a life in which she is forced to bear a son that she cannot claim as her own. As a last resort, An-Mei's mother commits suicide two days before the Chinese New Year, in order to ensure that her daughter can someday rise above the position of a concubine's daughter. An-Mei's mother, as the poison travels through her body, whispers, "I would rather kill my own weak spirit so I can give you a stronger one."    Another example of a strong female character is seen in Suyuan Woo. During her escape from China, she is forced to abandon her twin daughters on the roadside. She leaves her daughters with the hope of someday returning to them. As the women of the Joy Luck Club tell June, "She walked down the road, stumbling and crying, thinking only of this one last hope, that her daughters would be found by a kindhearted person who would care for ... ... At this moment, Winnie's life takes a turn for the better, for she now knows that she can endure anything that life has to offer.    According to critic Susan Dooley, "Amy Tan's brilliant novels flit in and out of many realities but all of them contain mothers and daughters....Each story is a fascinating vignette, and together they weave the reader through a world where the Moon Lady can grant any wish, where a child, promised in marriage at two and delivered at twelve, can, with cunning, free herself; where a rich man's concubine secures her daughter's future by killing herself and where a woman can live on, knowing she has lost her entire life."    Works Cited and Consulted: Tan, Amy. The Kitchen God's Wife. New York, Ballantine Books, 1991. Tan, Amy. The Joy Luck Club. Vintage Contemporaries. New York: A Division of Random House, Inc. 1993.

People Are Born with Disabilities Essay

Society has indicated that it is not concerned about people with disabilities. Mark Haddon’s novel The Curious Incident of the Dog in the Night Time, follows the theme of â€Å"sometimes people are born with disabilities but it’s communities that handicap them†. In the novel, the protagonist, Christopher, is put into challenging situations where people do not consider the fact that someone may be disabled. This causes misinterpretations of language and emotions that causes society to blindly handicap others without realizing the outcome. People do not consider the fact that someone may be disabled. Christopher does not like being touched; this is why he hit the police officer when the officer grabbed his arm. The â€Å"policeman looked at me for a little while without speaking. Then he said, â€Å"I’m arresting you for assaulting a police officer.† The officer did not know that Chris was disabled or that he did not like being touched. This is why he was in shock when Chris hit him and this left the officer no choice but to treat this as any criminal offence and arrest Christopher. Another incident occurred when Christopher went to the train station to go to London and live with his mother. He went onto the train tracks to catch his pet rat, Toby and a train was speeding towards Christopher so a man grabbed him and saved his life. Christopher says â€Å"And the man with the diamond pattern on his socks grabbed me by the shoulders, so I screamed.† Again, it is obvious that the man with the pattern ed socks was oblivious to the fact that Christopher was disabled. The man was right on his place as he was trying to save a boy that potentially could have been run over by a speeding train but he only made the situation worse by not understanding Christopher’s case. Through Christopher’s struggles of retaliating when being touched and the two people’s effort of trying to set things right with Christopher, it is obvious that society does not consider the fact that someone may be disabled. Some people have difficulty in understanding what people are saying and interpreting their emotions. Christopher has Asperger’s Syndrome, which causes problems with understanding speech and interpreting emotions. Christopher says, â€Å"I like dogs. You always know what a dog is thinking. It only has four moods. Happy, sad, cross and concentrating.† Christopher likes dogs as they only have basic moods that Christopher can understand. He prefers dogs rather than humans as humans are much more complex when it comes to emotions and their speech is also not specific and to-the-point like Christopher’s therefore it is not easily understandable. Christopher does not like it when people said things like â€Å"I’m going to hit the hay† because he does not know what it means. When the lady said to Chris that she was â€Å"going to hit the hay.† Christopher was confused as she was not clear about what she was saying and it was like an alien language to him. Christopher does not like similes or metaphors, as he believes that they are lies and the lady was talking using a metaphor. As Christopher helps himself by using graphics and emoticons and he takes everything literally, he experiences difficulty in understanding what people are saying and interpreting their emotions. The community and its’ people handicap others without understanding the outcome. An officer is interrogating Christopher and he says, â€Å"You seem very upset about this.† Christopher thinks to himself, he was asking too many questions and he was asking them too quickly. They were stacking up on my head like loaves at the factory where Uncle Terry works. It is obvious that Christopher has not been given enough time to process the given information. The officer only wants answers, he is not concerned about the stress that he is putting Christopher though and this causes Chris to not cope as well as he potentially could have. Christopher went onto a train and he did not know that there were toilets on trains and he said, â€Å"And then I wanted to go for a wee but I leaked a bit and wet my trousers. And the policeman looked at me and said, â€Å"oh, Christ, you’ve†¦Ã¢â‚¬  It is obvious that the officer is only looking at Christopher’s age and not pa ying attention to his predicament. Both of the officers did not attempt to understand Christopher’s feelings and his problems, rather, they thought deductively and blamed Christopher for not behaving as any ‘normal’ person would have and this is how the community and its’ people handicap others without understanding the outcome. It is obvious from the evidence above that the theme of â€Å"sometimes people are born with disabilities, but its communities that handicap them† is true as Christopher faces many challenging situations yet the community was not there to help him, rather, they handicapped him even more than he already was.

Functions of Education Administration - 2122 Words

The Federal government coordinates education planning, policy and finance through the National Council on Education, which comprises all Commis sioner/Ministers of Education in the Country and the Joint Consultative Committee of Education. At the primary level, Local Governments share responsi bilities with the Federal Government. At the Secondary Level, the responsibility is borne by state governments. The Federal Government has exclusive legislative powers as well as full financial responsibility for federally owned Univer-sities in the whole country. The Federal Minister of Education plays a vital role in the maintenance of educational standards nation-wide by operating national organisations which are devoted to the development of spe†¦show more content†¦It is responsible to the Federal Ministry of Education. 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Core Banking - 1387 Words

Core Banking System Meaning:- Core banking is a general term used to describe the services provided by a group of networked bank branches. Bank customers may access their funds and other simple transactions from any of the member branch offices. Core Banking system or CBS is one of the recent developments in the field of banking, and has proved to be very useful. It is a facility provided by banks in which a person, having an account in one branch, can operate his account, in another branch. This has become possible, because each account holder is given a specialised, computerised and unique account number. In simple terms, CBS is a type of banking, in which a person, who opens a bank account in a particular branch of a bank,†¦show more content†¦This, essentially, is what gives central banks leverage over interest rates. Central banks try to control inflation by moving a short term interest rate, typically the overnight interest rate in the interbank market. Expectations of future short term interest rates then determine long term interest rates. †¢ Controlling the nation s entire money supply Through open market operations, a central bank influences the money supply in an economy directly. Each time it buys securities, exchanging money for the security, it raises the money supply. Conversely, selling of securities lowers the money supply. Buying of securities thus amounts to printing new money while lowering supply of the specific security. †¢ The Government s banker and the bankers bank (lender of last resort) It acts as a banker to both the state and the central government in India. It has the exclusive right to issue currency, notes in the country. All the commercial banks operating in India are mandatory to keep a cash reserve with RBI. Further, they have to maintain their current accounts with it. 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Law Of Carlill v Carbolic Smoke Ball Samples †MyAssignmenthelp.com

Questions: 1.List and explain briefly each of the components required to demonstrate that a binding contract exists?2.Does a contract have to be in writing to be binding? In your answer explain whether this is the case, and further whether it is a good idea to put an agreement in writing?3.What is a formal contract? Explain the formalities of such a contract and give two examples?4.A group of friends meet for a regular drink at a hotel every Friday night. Each contributes $2 towards a group lottery ticket, which is drawn over the weekend by Lotto company. One of the group is given the role of actually buying the syndicate ticket. When in fact a winning ticket is drawn for the group the purchaser of the ticket claims the arrangement is purely social and there is no arrangement whereby he needs to share the prize. Analyse this issue in terms of contract law?5.Why is it important under law to distinguish between a party who is an agent for a principal, from that of an independent contractor? In yo ur answer explain the legal implications of each relationship? Answers: 1. There are certain elements, the presence of which turns an agreement into a contract. Due to this reason, it has been said that all contents are agreements, but all agreements cannot be described as contracts. In this way, if all these elements are present in case of an agreement, such agreement turns into a contract that is legally binding for the parties. These elements include the requirement that one party should make an offer to the other. However, an offer can also be made to a group of persons or even to the whole world (Carlill v Carbolic Smoke Ball Co, 1892). Similarly, the offer needs to be accepted by the other party (Harvey v. Facey, 1893). The acceptance should be unequivocal. If new terms are introduced while accepting the offer, such acceptance is not a valid acceptance and it amounts to a counteroffer (Hyde v Wrench, 1840). Another requirement is of the presence of consideration. Consideration can be described as the price paid by the parties in return of the promi se made by another party. It is not necessary that the consideration it always did present in the form of money (Chapple v Nestle, 1959). Similarly it is also required that the parties should have the intention of entering into a legal relationship. This requirement distinguishes a legally enforceable contract from a simple promise made in family or social context. Therefore, some promises made to family members or friends etc. are not enforceable by law. The parties to the agreement should also have the legal capacity to enter into the contract. It is also important that the parties entered a contract after they have properly understood the terms of the contract. The consent of the parties should not be initiated by factors like undue influence, fraud or duress. In such cases the contract may become illegal and void. Therefore the elements that are necessary for the formation of a valid contract are:- offer: one party should make an offer to other. An offer also needs to be distinguished from a mere invitation to treat, for example, an advertisement. Acceptance: the offer needs to be accepted by the party to whom it was made. If any new terms are introduced while accepting the offer, such acceptance is not valid, and it is considered as a counteroffer. The effect of making a counteroffer is that the original offer can no longer be accepted. Consideration: concentration can be described as the price paid by the parties in return of the promise that has been made by the other party. There are certain rules related with consideration. For example, past consideration is not treated as a valid consideration (Re McArdle, 1951). Capacity: the parties should have the legal capacity. For example, minors, persons of unsound mind and bankrupts are not allowed to form a legally enforceable contract. Mutuality of obligations: in case of a valid contract, both the parties should accept the obligations that have been imposed on them by the contract (Pearce v. Brooks, 1866). 2. The law does not impose any condition according to which a legally enforceable contract should always be in writing. Therefore, a valid contract can also be created orally. However there are certain contracts, which are required to be created in writing. Similarly although oral contracts are also legally enforceable but generally a difficulty arises in enforcing the terms of oral contracts. This difficulty arises due to the fact that when a contract has been treated poorly by the parties, a record is not present regarding the terms of the contract. As a result, it becomes difficult to establish the terms of an oral contract. At the same time, it is also important to be aware of the types of contract that required by the to be created in writing. Generally, the contracts that are required by the law to be created in writing include the contracts concerning real property, certain debts or related with money over particular amount. However, the law does not require that each and ever y contract should be created by the parties in writing. Hence, if the elements that the necessity for creating a valid contract are present, even an oral contract can be enforced by the law. Therefore, while the parties entered into a transaction in good faith, but a well drafted contract that has been reduced to writing is capable of providing the best protection to the parties in case a dispute arises between the parties. On the other hand, when a small sum is involved in the contract or, in case of a simple contract, the need for having a written contract is also less. Therefore, it can be said that it is not necessary in all cases that a valid contract should be created in writing. Still, it is a good idea to reduce the contract to writing, because in such a case. It is easier to establish the contractual terms. 3.law A formal contract is a contract that has been created by the parties and the document is sealed using the seal of the parties (Miller, and Cross, 2012). As compared to the situation, when the parties have entered into an informal contract, the document is not signed under seal of the parties. In this regard, the seal can be any impression created on the document by the parties to the contract. In the past, generally, this was done in wax, which mentioned the intention of the parties to be bound by the terms of the contract. It also needs to be noted that the law of contract provides that only the parties to the sealed documents are considered as having certain rights under the contract. As a result of this position, only the parties to the contract are considered by the law as being liable under the contract. But these days, most of the contracts created between the parties are informal contracts. But it needs to be mentioned that the legitimacy of the contract is not decided b y the fact if it is a formal contract or an informal contract. Therefore in both the cases, a contract can be legally enforceable if the other essential elements required for a valid contract are present. Generally, greater authorities like corporations or government entity into a formal contract. The former contract needs to be signed under seal. The examples of formal contracts can be given in the form of letter of credit and negotiable instrument. 4. On the basis of the facts that have been provided in this question, the issue arises if the group of friends have entered into a legally enforceable contract or if it was merely a social agreement, which could not be enforced by the law. In this case, a group of friends used to contribute $2 each for the purpose of purchasing a lottery ticket. One of the friends was given the responsibility to actually purchase a lottery ticket. When the winning ticket was purchased by them that particular friend refused to share the prize money. He claimed that the group of friends did not have the intention of entering regulations when they decided that the prize money will be distributed among them. However, the law of contract provides in such cases that in order to create a valid contract, among other elements. It is also necessary that the parties to the contract should have the intention of entering legal relations (Jones V Padavattan 1969). Therefore in such cases it is necessary that the party should have the intention that the terms of the contract should be enforced by the law (Merritt V Merritt, 1970). For this purpose, it is required that the contract should be interpreted for the purpose of giving effect to the intention of the parties as it has been mentioned in the agreement. In order to achieve this objective, usually, the court ascertains the intention of the parties objectivity. Therefore, for this purpose, the court considers the actual words that have been used in the agreement by the parties as well as the actions of the parties according to the agreement and all the circumstances concerned with the agreement. If it can be decided by any reasonable person, often considering all the above facts that the parties intended to create a legally enforceable contract, the court will enforce the terms of such a contract. The plain meaning rule is also used by the courts in this regard. Therefore, this rule provides that if a clear and unequivocal contract exists , such contract will be enforced by the courts. The plain meaning of the terms of the contract as mentioned in the contractual document will be considered and the court will not consider any extrinsic evidence or interpret the language of the contract. Under these circumstances, in this case also, a group of friends had contributed $2 each for purchasing a lottery ticket. This clearly shows that in this case, the group of friends had the intention of entering into a valid contract that can be enforced by the law. Therefore, they intended that the prize money would be distributed among all of them even if one person has been given the responsibility to purchase the ticket. Therefore in this case, the friend who had purchased the lottery ticket is under contractual obligation to share the prize money. 5. It is possible for the owner of a business to hire agents and independent contractors. Although in both cases, it appears that there is a simple matter of delegation. However, from a legal perspective, a number of implications are present regarding the difference between an agent and an independent contractor. Therefore the employees who have been hired by the business to work under the command of the owner fall under the purview of agents. But when help is hired to complete recurring or temporary tasks, such persons are considered as independent contractors. For the purpose of differentiating agents from independent contractors, the court basically looks at the level of control that a particular employer enjoys over the person who has been hired to do the work. In case the owner of the business has outsourced some work to a person or to another company that specializes in that work, generally it is conceded that such person or company is an independent contractor. However, a fine difference is present between an agent and an independent contractor. Due to this reason, this issue has been the subject of a number of lawsuits. Generally speaking, an independent contractor can be described as a distinct and separate business. The independent contractor is required to provide services, but there is one direction and control. Similarly, the independent contractor has to decide itself the details, means and the manner of doing a particular task. On the other hand, anything can be described as a person or an entity that can be either an employee or an independent contractor who provide services to the principal one continuous basis. However, a completely independent third party can only be considered as an agent and nothing else. Therefore the difference that exists between an agent and independent contractor can be understood on following grounds. Agent: an agent has to work according to the control and supervision of the principal. Similarly, the agent is also under an obligation to follow the instructions that have been provided by the principal while performing a task. The law provides that the acts of the agent are considered to be binding for the principal. Independent contractor: The law requires that an independent contractor has been followed the terms mentioned in the contract. Similarly, while performing the task, the independent contractor uses his own equipment, material and labor. Another difference is that the independent contractor does not have the capacity to bind the employer by his acts. References Miller, and Cross. "Chapter 11: Contract Law." Business Law: Text and Cases. By Clarkson. 12th ed. Mason: Cengage Learning, 2012. 210 Case Law Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 Chappell Co Ltd v Nestle Co Ltd [1959] UKHL 1 Harvey v Facey [1893] UKPC 1 Hyde v Wrench [1840] EWHC Ch J90 Jones v Padavatton [1969] 1 WLR 328 Merritt v Merritt [1970] EWCA Civ 6 Pearce v. Brooks (1866) 1 Exch 213 Re McArdle (1951) Ch 669