Lost Lady Essay -- essays research papers

The diction and detail used by Willa Cather in the book A Lost Lady, paints a picture in the readers mind by her prose selection of diction and arrangements of graphic detail, which conveys a feeling of passion, sadness, tense anger and unending happiness through Neil Herbert. Throughout the book, Cather describes Neil Herbert ¡Ã‚ ¯s life from his childhood, to his teenage years, and then to his adulthood with surpassing diction and supporting detail.   Ã‚  Ã‚  Ã‚  Ã‚  As the story begins, Cather describes Neil Herbert as,  ¡Ã‚ °a handsome boy of twelve whom she liked. ¡Ã‚ ± This description gives us a mental picture of this boy with a smile on his face and always being courteous. In his younger years, the reader can assume that Herbert was very energetic and always merry. He ¡Ã‚ ¯d even try to catch a bird in a tree so Ivy Peters couldn ¡Ã‚ ¯t kill it with a rock.  ¡Ã‚ °If I can get it now, I can kill it and put it out of its misery. ¡Ã‚ ± Through Cather ¡Ã‚ ¯s details the reader can tell that Herbert had a strong determination to catch the bird. Herbert ends up falling from the tree and breaking his arm of which he gets treated at Mrs. Forrester ¡Ã‚ ¯s house.  ¡Ã‚ °What soft fingers Mrs. Forrester had, ¡Ã‚ ± and he though,  ¡Ã‚ °what a lovely lady she was. ¡Ã‚ ± The author states that  ¡Ã‚ °The little boy was thinking that he would never be in so nice a place again. ¡Ã‚ ± Through Cather's descriptio n the reader can tell that Neil had a yearning passion for Mrs. Forrester and that her house was like heaven on earth. &nbs...

Old Age Homes in India Essay

Ans- Old Age Home refers to a multi-residence nursing home for old people, which is also known as retirement home. Each couple or person lives here in a room which is either apartment style or is a set of matching of rooms. Under one roof or in a one building old people are served with different facilities like gatherings, meals, health or sanatorium care, and recreation activities. Levels of these facilities differ from each other. At present 728 Old homes exist in India. Complete information of 547 Old Age Homes is accessible. Among these 325 Old homes do not charge and 95 homes charge money, 116 Old homes include both without charge as well as stay & pay facilities and the information of 11homes is not available. There are 278 homes available for ailing people and 101 Old homes especially for women all around the country. Kerala has the highest number of Old homes in India among all states which is 124. Read more:  Reasons Increasing Number Old Age Homes Society Q2- What are the disadvantages of Old Age Homes? Ans- Disadvantages of Old Age Homes are People generally staying here are very sad. It is but natural for them to be so as they leave their well-known homes for stranger place that lacks in all memories. It is natural for them to fear nursing homes as it is known to be prior step to death. Seeing that they will not be able to get back to their homes, it can be deemed true. Main problem that one faces here is loneliness. Few residents here get visits from families after long time and these are very few in nature. Independence becomes a thing of past when one enters these homes. Many see it as the end of their lives. With independence all gone, they even bid goodbye to their self-esteem. All they live their lives in is scheduled activity. Missing element here is freedom. What is given to them for meals is final. They do not have any say in it. Other freedoms that they lose are: Cooking for friends and family Only with nurses help one can shower that too on their schedule Here service of laundry is provided only with rest of resident’s laundry After getting permission only can watch TV They do not even have independence to go for worship at place of their  option. They instead have to go to retirement home’s service. They are not even allowed to have personal doctors. All they get is one’s at home. Anger at putting them in these homes directed at their children is a natural thing for these residents. Family is bound to get various heartaches from these. Q3- What are the advantages of Old Age Homes? Ans- Advantages of Old Age Homes are Senior citizens that are destitute or are unable in settling with their respective families can easily stay in homes meant for old age people. These homes provide senior citizens with medical facilities like ambulances, well-balanced meals provision, ambulances as well as systems of health care. Thus, these homes provide them with healthy life. Main benefits of these homes are their staff’s good behavior, palatable and wholesome food as well as good services. Senior citizens are also provided with yoga classes in these homes along with medical amenities, shelter and food. For mode of communication they are given telephones that give them access to their families. Other facilities rendered to them are library and entertainment facilities. These play roles of safe haven for senior citizens who have nobody to take care of them or who have not got a place to stay. Residents here get an ambience of complete family. They are given unique sense of friendship as well as security here. It becomes a place for them to share their sorrows as well as joys. With all their free time, senior citizens in these homes can utilize it in something creative. Here in these homes, no body imposes its residents with sense of duties or responsibilities. Nobody hands them out any work to live out a livelihood. In that peaceful atmosphere, residents can pursue their hobbies in full flow. With no expectations, residents do not spend too much money here. Full freedom to participate in one’s religious activities is given here. Life of senior citizens is slow as well as peaceful here. â€Å"Old age home† gives a healthy as well as peaceful life to its citizens. Companionships, solace as well as comfort are given to senior citizens. Al l age-mates get freedom here to give a chance to their favorite hobbies without any restraints. Q4- What are the types of Old Age Homes? Ans- There are mainly two types of Homes for Old Age people available in  India. One is a no charge one or â€Å"Free† type which is mainly for impoverished old persons who have nobody to look after them. They are served with food, clothing, shelter and medical care there. Another type of Old Age Home is based on payment which is known as â€Å"Paid† home. There all facilities are provided if paid for. Now these kinds of â€Å"Retirement† homes have become popular all around India and they are well in view of significance. Q5- What is the relevance of Old Age Homes? Ans- Many factors are accountable for the separation of old persons. Many young couples are relocating themselves for better employment from villages to cities in order to have a better future. Many elders are also reluctant to provide the duty of household, which they are controlling for an elongated time, to children. Youngsters are sometimes indignant in behavioral attitude to their parents. Youngsters have migrated to different places distant from their inhabitant places and also to numerous countries abroad. So they are unable to provide accommodation to their parents in their own houses even if they desire. Elders sometimes are too debilitated or ill to take care of themselves or get medicinal help in any urgent situation. For all these reasons the homes for elders increasingly seem more appropriate in Indian circumstances.

Marketing Principles Assignment - 3951 Words

MARKETING PRINCIPLES ASSIGNMENT Introduction Part one of the assignment is to discus the macro environmental forces and key trends in personal computer and snack foods industries. Macro environment consists of six larger societal factors that affect the micro environment. The forces are demographic environment, economic, natural environment, technological environment, political environment and cultural environment. In part two of the assignment has three research situations. Each of the situations will be discussed that what type of data collection method is suitable for it, the reasons for choice and the potential problems. There are three methods of collecting information, mail questionnaires, personal interview and†¦show more content†¦Includes years 7-15 schools and years 9-15 schools with attached intermediates Internal Data Source: SAS Summary Part 12ai (http://www.minedu.govt.nz/index.cfm?layout=documentdocumentid=6845indexid=6848indexparentid=5611) -Growing ethnic diversity (http://www.stats.govt.nz/domino/external/web/nzstories.nsf/Response/Ethnic+diversity) Economic Environment It consists of factors that affect consumer purchasing power and spending patterns. -Changes in income Follow by the increasing income, people may change computers more frequently and buying better quality computers, such as IBM computers. For example, previous time consumers may alter their computers every 7 years, since their income getting higher, they may vary their computer every 5 years. Average and Median Weekly Income by Regional Council Area and Sex for All People Measures Average Weekly Income Median Weekly Income Number of People Year 2003 539 401 3,028,290 2002 513 384 2,963,510 2001 474 362 2,912,310 2000 447 340 2,892,540 1999 441 328 2,873,290 1998 425 312 2,857,150 Notes: Median Weekly Income - The middle point of the distribution of weekly income. So if there were 99 people, the median weekly income would be the weekly income of the fiftieth person, when people are ordered in terms ofShow MoreRelatedEssay about HND Unit 4 Marketing Principles Assignment4160 Words   |  17 Pagesï » ¿ Introduction For this coursework assignment I will demonstrate that I required a good knowledge and understanding of the concepts and process of marketing by carrying out the task given. This will be showed with examples of theory applicable to a company of my choosing. For this task examples will be related to Apple Inc. organization. Incorporated in January 1977 as Apple Computer, Inc. todays Apple Inc. designs, produces and markets media and mobile communicationRead MoreStrategic Marketing844 Words   |  4 PagesProfessional Diploma in Strategic Management and Leadership UNIT NO/TITLE: Unit 07 / Strategic Marketing Management ASSIGNMENT NO: 1 of 2 Individual Credit Value: 10 Learning Outcomes: * Understand the principles of strategic marketing management * Understand the tools used to develop a strategic marketing strategy * Be able to respond to changes in the marketing environment Issue Date: Due Date: 08th September 2013 Submission Date: Assessor’s Name:Read MoreAssignment 5-11084 Words   |  5 Pagesfor the table design and if there were better marketing then the table could sell for $2,200 (Horngren, et al., 2012). For better marketing, Pacific Dà ©cor, Inc. will have to spend an additional $7,000 to sell the tables at the higher price. The new cost per unit would be $1,997.50 while the target price per unit would be $1,980. The better marketing scenario also fits in with the 10% revenue. Conclusion Both the new table design and better marketing provide a better scenario for Pacific Dà ©cor, IncRead MoreDesign A Lesson That Utilizes The Qft Process841 Words   |  4 PagesBe sure to include what tools/technology your students will use to do this in a virtual classroom. My assignment will build upon my peer assignment from the Emerging Trends Technologies in the Virtual K-12 class project. The assignment will focus on freshmen college students entering their second marketing class (i.e., 201 level course) of the year. The class is focused on creating a marketing plan for two local non-profit organizations. There are 20 students in the class and they will be dividedRead MoreNike Markeing1333 Words   |  6 PagesProgramme: Business Management Module 1: Marketing Assignment [pic] Date for Submission: 15th September 2010 To achieve a pass in this unit the learner must: LO1: Investigate the concept and process of marketing LO2: Explore the concepts of segmentation, targeting and positioning LO3: Identify and analyse the individual elements of the extended marketing mix LO4: Apply the extended marketing mix to different marketing segments and contexts Context TheRead Moremba hr assignments Essay1189 Words   |  5 PagesAcademic Year 2013 - 2014 ASSIGNMENT TOPICS This booklet contains assignment topics. Students are asked to write the assignments for EIGHT papers as per instructions. Last date for submission : 28-02-2014 Last date for submission with late fee Rs. 300/- : 14-03-2014 NOTE: 1. Assignments sent after 14-03-2014 will not be evaluated. 2. Assignments should be in the own hand writing of the student concerned and not type-written or printed or photocopied. 3. Assignments should be written on foolscapRead MoreEvaluation Of The Performance Of A Small Business Enterprise Essay954 Words   |  4 PagesSIGNMENT SUBMISSION FORM This sheet must be submitted with your assignment. Failure to complete, sign and submit this form will result in a mark of ‘0’ for the assignment. Student Name ELENA UTA Student ID P1030912 Assessor Name SHABNAM S. Qualification PEARSON BTEC Level 5 HND Diploma Business (Management) Unit Number Unit Title Unit 33: Marketing Principle (MP) Assignment Title Assessment of the Performance of a Small Business Enterprise Date of Submission 30.10.2016 By submittingRead MoreCase Study of Prostitution1406 Words   |  6 Pagesprogressively responsible, professional experience related to area of assignment at a management level. Depending on area of assignment, Certified Public Accountant Certification or Certified Purchasing Manager Certification may be strongly preferred or required. KNOWLEDGE AND SKILLS Knowledge of: †¢ Managerial principles; †¢ Financial principles and practices in assigned areas of responsibility; †¢ Budgeting principles and practices; †¢ Applicable federal, state, and local laws, rulesRead MoreMarkething Research of Coca Cola1209 Words   |  5 PagesINTRODUCTION 3 MARKETING RESEARCH 4 MARKETING RESEARCH METHODS 5 PRIMARY RESEARCH 5 SECONDARY RESEARCH 6 THE LINK BETWEEN PRINCIPLES OF MARKETING AND MARKETING RESEARCH 7 CONCLUSION 7 SOURCES 7 Introduction In this assignment I’m going to describe how the marketing research information is used in order to understand customers, competitors and the market environment in a company like Coca Cola. I’m also going to describe how the link between the principles of marketing are applied withinRead MoreUnit 25: Menu Planning and Product Development1006 Words   |  5 PagesUNIT 25: MENU PLANNING AND PRODUCT DEVELOPMENT Get assignment help for this unit at assignmenthelpuk@yahoo.com LO1 Understand factors that influence menu planning decisions Menu development and policy overview: principles of menu planning; types of menu; menu balance; creativity; consumer expectations; religious, cultural, ethnic and social influences; fads and trends; fashions; themes Menu compilation: factors eg taste, colour, texture, portion size, temperature, appearance, commodity planning

The Expectancy Theory Of Motivation - 917 Words

3.2 Theories Victor H. Vroom’s Theory (1964) developed the Expectancy Theory of Motivation. This theory is a behavioral theory that one behavior of an individual will be chosen over another type of behavior when positive performance will lead to desirable rewards. Figure 3.3 will illustrate the three components to this theory: expectancy, instrumentality, and valance, and show how the variables of Vroom’s theory is designed. Expectancy is the expectations how people perceive to meet the performance or goal. If expectations are too high, then expectations will be low and one will not try to meet the goals set. If expectations are felt to be beyond one’s ability to meet the goals, then motivation is low. If one feels that the goal is attainable and have the knowledge, then one will perform with the expectancy to achieve some type of reward. Instrumentality is the performance or outcome of the individual. If one feels they will be rewarded by being promote d, receive extra bonus, or pay increase, then performance expectations will be met. If the same promotion, pay raise, or bonus is given equally across the board then performance will become low. Valance is the value that the individual places on the rewards. If a person desires the reward, then performance will be motivated to obtain the goal. If the reward is undesirable, then performance and motivation will be low. Figure 3.3 J. Stacy Adams (1963) Equity Theory insinuates that employees input ofShow MoreRelatedThe Expectancy Theory of Motivation670 Words   |  3 PagesIn today’s workforce there are many reasons why individuals get up every day and go to work. For most it is because they have bills to pay and this leads to their motivation to work is for the outcome of a paycheck. That is true for most, but how does motivation apply to an individual once they are at work and must perform their daily duties? No matter that is painting houses or a high level CIO building the backbone of a fortune 500 company, these individuals’ performances are based on their expectationsRead MoreExpectancy Theory of Motivation670 Words   |  3 PagesExpectancy Theory of Motivation In a business, what motivates employees to do their best? One theory that may explain the reasons why some employees seem more motivated than others is the Expectancy theory of motivation. The Expectancy theory operates under the assumption that employees will perform well based on self-belief and how much they desire the rewards their actions will render. Three key components and relationships in this theory determine how motivated an employee will choose to be:Read MoreExpectancy Theory of Motivation714 Words   |  3 PagesExpectancy Theory of Motivation, an approach to improving performance. Mark R. Mattox Western Governors University Expectancy Theory of Motivation â€Å"Expectancy Theory - A theory that says that the strength of a tendency to act in a certain way depends on the strength of an expectation that the act will be followed by a given outcome and on the attractiveness of that outcome to the individual.† (Judge 07/2012, p. 224) Explanation of the Three ComponentsRead MoreMotivation Theory And Expectancy Theory Of Motivation1742 Words   |  7 Pagesplace. This problem mainly occurs in organisation when there is lack of motivation, lack of organisational justice, negative culture and low morale. The purpose of this case study is to give brief view about, why employees had to face these problems and how to make positive culture and what and where the changes are required for the WA force. This report introduces MARS motivation theory and Expectancy theory of motivation for improves officers’ behaviours towards force, with that how can they fillRead MoreExpectancy Theory of Motivation Essay652 Words   |  3 PagesThe expectancy theory of motivation, which was first produced by Victor Vroom, has become a generally accepted theory for explaining how individuals make decisions concerning different behavioural alternatives. According to Vroom to motivate someone mere offer a person something to satisfy his important needs will not be adequate. In order for the person to be motivated, he must also be convincingly sure that he has the ability to obtain the reward. An employee’s motivation increases when he valuesRead MoreThe Vroom Expectancy Motivation Theory Essay763 Words   |  4 Pagesbeen some lack of motivation from Paul. According to Robbins, S. P. Judge, (184). Motivation is the process that accounts for an individual’s intensity, direction, and persistence of effort towards attaining a goal. In this paper, I will use the Vroom Expectancy Motivation Theory to explain Jeannine Savaria’s motivation and what can her supervisor do to improve her motivation. Savaria’s motivation can be supported through the Vroom Expectancy Motivation Theory. This theory links the performanceRead MoreThe Expectancy Theory Of Employee Motivation868 Words   |  4 Pages This approach of recognizing and rewarding employees for their performance was first introduced by Victor Vroom in 1964 known as the Expectancy Theory. When employees are engaged they will exceed organizational expectations and function with a sense of ownership in their place of employment (Malik, (2012). Hema and Washington (2014) state, employee motivation is gained when subordinates are empowered; giving staff power and authority to make the choices without having to wait for management’sRead MoreMotivation, Self Determination Theory, And Expectancy Theory863 Words   |  4 Pages(2001-2016). Motivational theories can help support an employee to progress in the workplace; a few theories such as Extrinsic Motivation, Intrinsic Motivation, Acquired Needs Theory, Self -Determination theory, and expectancy theory relate to my professional life. I will explain if I agree/disagree with my PsyCap self-assessment and some developing strategies to advance in my career using my strengths. Also, I will talk about how I can employ goal-setting to increase motivation, and how my engagementsRead MoreExpectancy Theory of Motivation at Use in the Workplace1229 Words   |  5 Pages1 EXPECTANCY THEORY OF MOTIVATION AT USE IN THE WORKPLACE Leadership Concepts and Applications LET1 Student#: March 30, 2012 2 What is Motivation? Motivation is a word popularly used to explain why people behave as they do. Some psychologists and scientists view motivation as the factor that determines behavior, as expressed in the phrase â€Å"all behavior is motivated† (World Book, 1992). Some scientists view motivation as the factor that energizes behavior. According to this

The Global Wine War - 9914 Words

9-910-405 AUGUST 13, 2009 CHRISTOPHER A. BARTLETT â€Å"We have the people, expertise, technology and commitment to gain global preeminence for Australian wine by 2025. It will come by anticipating the market, influencing consumer demand, and building on our strategy of sustainable growth.† — Sam Toley, CEO of Australian Wine and Brandy Corporation. â€Å"By phasing out the buyback of excess wine and increasing incentives for farmers to uproot their vines, the EC reforms will only bring in the New World’s agro-industry model. We need to protect the age-old European model built on traditional vineyards.† — Jean-Louis Piton, Copa-Cogeca Farmers Association. In 2009, these two views reflected some of the very different sentiments unleashed by†¦show more content†¦During the French Revolution, many large estates were seized, divided, and sold at auction. And after 1815, the Napoleonic inheritance code prescribed how land had to be passed on to all rightful heirs. By the mid-19th century, the a verage holding in France was 5.5 ha. and was still being subdivided. (In Italy, similar events left the average vineyard at 0.8 ha.) While the largest estates made their own wine, most small farmers sold their grapes to the local wine maker or vintner. With payment based on weight, there was little incentive to pursue quality by reducing yield. Some small growers formed cooperatives, hoping to participate in wine making’s downstream profit, but grape growing and wine making remained highly fragmented. Distribution and Marketing Traditionally, wine was sold in bulk to merchant traders—nà ©gociants in France—who often blended and bottled the product before distributing it. But poor roads and complex toll and tax systems made cross-border shipping extremely expensive. In the early 19th century, for example, a shipment of wine from Strasbourg to the Dutch border had to pass through 31 toll stations.2 And since wine did not travel well, much of it spoiled on the long journeys. As a result, only the most sophisticated nà ©gociants could handle exports, and only the rich could afford the imported luxury. Late 18th century innovations suchShow MoreRelatedGlobal Wine Wars1177 Words   |  5 PagesMarket Analysis: Global Wine Wars-New World Challenges Old Global Wine Wars: New World Challenges Old   This case describes the global development of wine industry, and how new world wine players occupied the global market share from old world wine producer gradually. It is very interesting that author selected the Britain as the sample stage for the battle between the new world wine campaign and the traditional campaign.   Nowadays, in the â€Å"Old World† countries of Europe, where the bulk of theRead MoreGlobal Wine War2166 Words   |  9 PagesCASE: GLOBAL WINE WARS (A) Question 1 During the last decades, some remarkable evolutions of the global wine industry have dramatically influenced the base of the industry structure, with technological update, innovation, and new players coming in, the wine market as well as the competition within this market have come to a new dimension. In the following, we will analyze briefly the main points of this evolution and group those points into several categories. Change on the demand side † DemandRead MoreGlobal Wine Wars1203 Words   |  5 PagesADVANCED MARKETING MANAGEMENT CASE REPORT: Global Wine Wars: New World Challenges Old (Harvard Business School Case # 9-303-056) NMI 1. How did the French become the dominant competitors in the increasingly global wine industry for centuries? What sources of competitive advantage were they able to develop to support their exports? Where were they vulnerable? French wine makers also face challenges that are not internal to the industry. For instance, France lost market share in the UnitedRead MoreGlobal Wine War2088 Words   |  9 PagesGlobal Wine War By Christopher A. Bartlett Case Analysis Report Introduction The concept of production and sale of wine was originated in the European countries known as the old world according to the article Global Wine War 2009: New Word versus Old these are; France, Italy, Spain and Greece. Here the wine culture was developed mainly due to the habits of religion and high society which caused them to have the highest consumption per capita in the world, creating a very attractive andRead MoreGlobal Wine War6128 Words   |  25 PagesIntroduction Human beings have been dealing with wine for thousands of years, from the Mesopotamians to the ancient Egyptians, from the Greeks to the ancient Romans, the latter which under their vast empire spread viticulture through the Mediterranean region. Through centuries countries, such as France and Italy, obtained a consolidated position in the wine industry, both in demand and production. In the last part of the 20th century newcomers (Australia, South Africa, NewRead MoreGlobal Wine War 20091298 Words   |  6 PagesGlobal Wine War 2009 : New World versus Old How were the French able to dominate the worldwide wine trade for centuries ? What sources of competitive advantage did they develop to support their exports ? France and the Mediterranean region is closely tied to the Wine History. It has started since the Roman Empire, and has been fully integrated to the European culture with the Christian era : Monasteries planted vines and built wineries. The nobility started also planting vineyards as a mark ofRead MoreGlobal Wine Wars1815 Words   |  8 Pagesincreasingly global wine industry for centuries? What sources of competitive advantage were they able to develop to support their exports? Where were they vulnerable? â€Å"By the Christian era, wine became part of the liturgical services, and monasteries planted vines and built wineries. By the Middle Ages, the European nobility began planting vineyards as a mark of prestige, competing with one another in the quality of wine served at their tables – the first niche market for premium wine.† The FrenchRead MoreGlobal Wine Wars1857 Words   |  8 Pagesthe global wine industry due to the low effect of the five forces of competition. The main barriers to entry that kept the threat of competitors low for the French were incumbency advantages, unequal access to distribution channels and restrictive government policies. This first barrier, incumbency advantages, can be explained by the domestic French Wine Industry in the late 18th to mid 19th century that was already supporting 1.5 million families for both the growing of grapes and other wine-relatedRead MoreGlobal Wine Wars Essay2235 Words   |  9 Pages1. Briefly describe the chang ing economic geography of the global wine industry in terms of production, distribution and consumption. The Global wine industry has undergone a monumental change in terms consumer demand and more importantly in the ways it is produced and sold. The consumption, distribution and production has migrated away from the restrictions and regulations of the Old World to the New World ways of smart marketing, branding and serving to customers preferences. Middle agesRead MoreGlobal Wine War Analysis1010 Words   |  5 PagesChampaign. The experience of France as a quality wine producer going back to the middle ages can be regarded as a source of competitive advantage. Another source is the strong wine culture in France creating a positive image for customers. The wine industry by itself is a very important economic factor in France, in the mid 18th century the wine industry accounted for 17% of the overall industry. As a consequence, in 1855 the government classified wine yard into five different levels of quality. This

Lamb The Gospel According to Biff, Christ’s Childhood Pal Chapter 27 Free Essays

Chapter 27 The angel and I watched Star Wars for the second time on television last night, and I just had to ask. â€Å"You’ve been in God’s presence, right, Raziel?† â€Å"Of course.† â€Å"Do you think he sounds like James Earl Jones?† â€Å"Who’s that?† â€Å"Darth Vader. We will write a custom essay sample on Lamb: The Gospel According to Biff, Christ’s Childhood Pal Chapter 27 or any similar topic only for you Order Now † Raziel listened for a moment while Darth Vader threatened someone. â€Å"Sure, a little. He doesn’t breathe that heavy though.† â€Å"And you’ve seen God’s face.† â€Å"Yes.† â€Å"Is he black?† â€Å"I’m not allowed to say.† â€Å"He is, isn’t he? If he wasn’t you’d just say he wasn’t.† â€Å"I’m not allowed to say.† â€Å"He is.† â€Å"He doesn’t wear a hat like that,† said Raziel. â€Å"Ah-ha!† â€Å"All I’m saying is no hat. That’s all I’m saying.† â€Å"I knew it.† â€Å"I don’t want to watch this anymore.† Raziel switched the channel. God (or someone who sounded like him) said, â€Å"This is CNN.† We came up to Jerusalem, in the gate at Bethsaida called the Eye of the Needle, where you had to duck down to pass through, out the Golden Gate, through the Kidron Valley, and over the Mount of Olives into Bethany. We had left the brothers and Matthew behind because they had jobs, and Bartholomew because he stank. His lack of cleanliness had started to draw attention lately from the local Pharisees in Capernaum and we didn’t want to push the issue since we were walking into the lair of the enemy. Philip and Nathaniel joined us on our journey, but stayed behind on the Mount of Olives at a clearing called Gethsemane, where there was a small cave and an olive press. Joshua tried to convince me to stay with them, but I insisted. â€Å"I’ll be fine,† Joshua said. â€Å"It’s not my time. Jakan won’t try anything, it’s just dinner.† â€Å"I’m not worried about your safety, Josh, I just want to see Maggie.† I did want to see Maggie, but I was worried about Joshua’s safety as well. Either way, I wasn’t staying behind. Jakan met us at the gate wearing a new white tunic belted with a blue sash. He was stocky, but not as fat as I expected him to be, and almost exactly my height. His beard was black and long, but had been cut straight across about the level of his collarbone. He wore the pointed linen cap worn by many of the Pharisees, so I couldn’t tell if he’d lost any of his hair. The fringe that hung down was dark brown, as were his eyes. The most frightening and perhaps the most surprising thing about him was that there was a spark of intelligence in his eyes. That hadn’t been there when we were children. Perhaps seventeen years with Maggie had rubbed off on him. â€Å"Come in, fellow Nazarenes. Welcome to my home. There are some friends inside who wanted to meet you.† He led us through the door into a large great room, large enough in fact to fit any two of the houses we shared at Capernaum. The floor was paved in tile with turquoise and red mosaic spirals in the corners of the room (no pictures, of course). There was a long Roman-style table at which five other men, all dressed like Jakan, sat. (In Jewish households the tables were close to the ground and diners reclined on cushions or on the floor around them.) I didn’t see Maggie anywhere, but a serving girl brought in large pitchers of water and bowls for us to wash our hands in. â€Å"Let this water stay water, will you, Joshua?† Jakan said, smiling. â€Å"We can’t wash in wine.† Jakan introduced us to each of the men, adding some sort of elaborate title to each of their names that I didn’t catch, but which indicated, I’m sure, that they were all members of the Sanhedrin as well as the Council of Pharisees. Ambush. They received us curtly, then made their way to the water bowls to wash their hands before dinner, all of them watching as Joshua and I washed and offered prayer. This, after all, was part of the test. We sat. The water pitchers and bowls were taken away by the serving girl, who then brought pitchers of wine. â€Å"So,† said the eldest of the Pharisees, â€Å"I hear you have been casting demons out of the afflicted in Galilee.† â€Å"Yes, we’re having a lovely Passover week,† I said. â€Å"And you?† Joshua kicked me under the table. â€Å"Yes,† he said. â€Å"By the power of my father I have relieved the suffering of some who were plagued by demons.† When Joshua said â€Å"my father† every one of them squirmed. I noticed movement in one of the doorways to Jakan’s back. It was Maggie, making signals and signs like a madwoman, but then Jakan spoke. Attention turned to him and Maggie ducked out of sight. Jakan leaned forward. â€Å"Some have said that you banish these demons by the power of Beelzebub.† â€Å"And how could I do that?† Joshua said, getting a little angry. â€Å"How could I turn Beelzebub against himself? How can I battle Satan with Satan? A house divided can’t stand.† â€Å"Boy, I’m starving,† I said. â€Å"Bring on the eats.† â€Å"With the spirit of God I cast out demons, that’s how you know the kingdom has come.† They didn’t want to hear that. Hell, I didn’t want to hear that, not here. If Joshua claimed to bring the kingdom, then he was claiming to be the Messiah, which by their way of thinking could be blasphemy, a crime punishable by death. It was one thing for them to hear it secondhand, it was quite another to have Joshua say it to their faces. But he, as usual, was unafraid. â€Å"Some say John the Baptist is the Messiah,† said Jakan. â€Å"There’s nobody better than John,† Joshua said. â€Å"But John doesn’t baptize with the Holy Ghost. I do.† They all looked at each other. They had no idea what he was talking about. Joshua had been preaching the Divine Spark – the Holy Ghost – for two years, but it was a new way of looking at God and the kingdom: it was a change. These legalists had worked hard to find their place of power; they weren’t interested in change. Food was put on the table and prayers offered again, then we ate in silence for a while. Maggie was in the doorway behind Jakan again, gesturing with one hand walking over the other, mouthing words that I was supposed to understand. I had something I wanted to give her, but I had to see her in private. It was obvious that Jakan had forbidden her to enter the room. â€Å"Your disciples do not wash their hands before they eat!† said one of the Pharisees, a fat man with a scar over his eye. Bart, I thought. â€Å"It’s not what goes into a man that defiles him,† Joshua said, â€Å"it’s what comes out.† He broke off some of the flatbread and dipped it into a bowl of oil. â€Å"He means lies,† I said. â€Å"I know,† said the old Pharisee. â€Å"You were thinking something disgusting, don’t lie.† The Pharisees passed the â€Å"no, your turn, no, it’s your turn† look around the room. Joshua chewed his bread slowly, then said, â€Å"Why wash the outside of the urn, if there’s decay on the inside?† â€Å"Yeah, like you rotting hypocrites!† I added, with more enthusiasm than was probably called for. â€Å"Quit helping!† Josh said. â€Å"Sorry. Nice wine. Manischewitz?† My shouting evidently stirred them out of their malaise. The old Pharisee said, â€Å"You consort with demons, Joshua of Nazareth. This Levi was seen to cause blood to come from a Pharisee’s nose and a knife to break of its own, and no one even saw him move.† Joshua looked at me, then at them, then at me again. â€Å"You forget to tell me something?† â€Å"He was being an emrod, so I popped him.† (â€Å"Emrod† is the biblical term for hemorrhoid.) I heard Maggie’s giggling from the other room. Joshua turned back to the creeps. â€Å"Levi who is called Biff has studied the art of the soldier in the East,† Joshua said. â€Å"He can move swiftly, but he is not a demon.† I stood up. â€Å"The invitation was for dinner, not a trial.† â€Å"This is no trial,† said Jakan, calmly. â€Å"We have heard of Joshua’s miracles, and we have heard that he breaks the Law. We simply want to ask him by whose authority he does these things. This is dinner, otherwise, why would you be here?† I was wondering that myself, but Joshua answered me by pushing me down in my seat and proceeding to answer their accusations for another two hours, crafting parables and throwing their own piety back in their faces. While Joshua spoke the word of God, I did sleight-of-hand tricks with the bread and the vegetables, just to mess with them. Maggie came to the doorway and signaled me, pointing frantically to the front door and making threatening, head-bashing gestures which I took to be the consequences for my not understanding her this time. â€Å"Well, I’ve got to go see a man about a camel, if you’ll excuse me.† I stepped out the front door. As soon as I closed it behind me I was hit with the spraying girl-spit of a violently whispering woman. â€Å"YoustupidsonofabitchwhatthefuckdidyouthinkIwastryingtosaytoyou?† She punched me in the arm. Hard. â€Å"No kiss?† I whispered. â€Å"Where can I meet you, after?† â€Å"You can’t. Here, take this.† I handed her a small leather pouch. â€Å"There’s a parchment inside to tell you what to do.† â€Å"I want to see you two.† â€Å"You will. Do what the note says. I have to go back in.† â€Å"You bastard.† Punch in the arm. Hard. I forgot what I was doing and entered the house still rubbing my bruised shoulder. â€Å"Levi, have you injured yourself?† â€Å"No, Jakan, but sometimes I strain a shoulder muscle just shaking this monster off.† The Pharisees hated that one. I realized that they were waiting for me to request water so I could go through the whole hand-washing ritual before I sat down to the table again. I stood there, thinking about it, rubbing my shoulder, waiting. How long could it possibly take to read a note? It seemed like a long time, with them staring at me, but I’m sure it was only a few minutes. Then it came, the scream. Maggie let go from the next room, long and high and loud, a virtuoso scream of terror and panic and madness. I bent over and whispered into Joshua’s ear, â€Å"Just follow my lead. No, just don’t do anything. Nothing.† â€Å"But – â€Å" The Pharisees all looked like someone had dropped hot coals into their laps as the scream went on, and on. Maggie had great sustain. Before Jakan could get up to investigate, there came my girl – still shrieking, I might add – a lovely green foam running out of her mouth, her dress torn and hanging in shreds on her blood-streaked body and blood running from the corners of her eyes. She screamed in Jakan’s face and rolled her eyes, then leapt onto the table and growled as she kicked every piece of crockery off onto the floor where it shattered. The servant girl ran through screaming, â€Å"Demons have taken her, demons have taken her!† then bolted out the front door. Maggie started screeching again, then ran up and down the length of the table, urinating as she went. (Nice touch, I would never have thought of that.) The Pharisees had backed up against the wall, including Jakan, as Maggie fell on her back on the table, thrashing and growling and screaming obscenities while splattering the front of their white cloaks with green foam, urine, and blood. â€Å"Devils! She’s been possessed by devils. Lots of them,† I shouted. â€Å"Seven,† Maggie said between growls. â€Å"Looks like seven,† I said. â€Å"Doesn’t it, Josh?† I grabbed the back of Joshua’s hair and sort of made him nod in agreement. No one was really watching him anyway, as Maggie was now spouting impressive fountains of green foam both out of her mouth and from between her legs. (Again, a nice touch I wouldn’t have thought of.) She settled into a vibrating fit rhythm, with barking and obscenities for counterpoint. â€Å"Well, Jakan,† I said politely, â€Å"thank you for dinner. It’s been lovely but we have to be going.† I pulled Joshua to his feet by his collar. He was a little perplexed himself. Not terrified like our host, but perplexed. â€Å"Wait,† Jakan said. â€Å"Festering dog penis!† Maggie snarled to no one in particular, but I think everyone knew who she meant. â€Å"Oh, all right, we’ll try to help her,† I said. â€Å"Joshua, grab an arm.† I pushed him forward and Maggie grabbed his wrist. I went around to the other side of the table and got hold of her other arm. â€Å"We have to get her out of this house of defilement.† Maggie’s fingernails bit into my arm as I lifted her up and she pulled herself along on Josh’s wrist, pretending to thrash and fight. I dragged her out the front door and into the courtyard. â€Å"Make an effort, Joshua, would you,† Maggie whispered. Jakan and the Pharisees bunched at the door. â€Å"We need to take her into the wilderness to safely cast out the devils,† I shouted. I dragged her, and Joshua for that matter, into the street and kicked the heavy gate closed. Maggie relaxed and stood up. A mound of green foam cascaded off of her chest. â€Å"Don’t relax yet, Maggie. When we’re farther away.† â€Å"Pork-eating goat fucker!† â€Å"That’s the spirit.† â€Å"Hi, Maggie,† Joshua said, taking her arm and finally helping me drag. â€Å"I think it went really well for short notice,† I said. â€Å"You know, Pharisees make the best witnesses.† â€Å"Let’s go to my brother’s house,† she whispered. â€Å"We can send word that I’m incurable from there. â€Å"Rat molester!† â€Å"It’s okay, Maggie, we’re out of range now.† â€Å"I know. I was talking to you. Why’d you take seventeen years to get me out of there?† â€Å"You’re beautiful in green, did I ever tell you that?† â€Å"I’ve got to think that that was unethical,† Joshua said. â€Å"Josh, faking demonic possession is like a mustard seed.† â€Å"How is it like a mustard seed?† â€Å"You don’t know, do you? Doesn’t seem at all like a mustard seed, does it? Now you see how we all feel when you liken things unto a mustard seed? Huh?† At Simon the Leper’s house Joshua went to the door first by himself so Maggie’s appearance didn’t scare the humus out of her brother and sister. Martha answered the door. â€Å"Shalom, Martha. I’m Joshua bar Joseph, of Nazareth. Remember me from the wedding in Cana? I’ve brought your sister Maggie.† â€Å"Let me see.† Martha tapped her fingernail on her chin while she searched her memory in the night sky. â€Å"Were you the one who changed the water into wine? Son of God, was it?† â€Å"There’s no need to be that way,† Joshua said. I popped my head around Josh’s shoulder. â€Å"I gave your sister a powder that sort of foamed her up all red and green. She’s a bit nasty-looking right now.† â€Å"I’m sure that becomes her,† said Martha, with an exasperated sigh. â€Å"Come in.† She led us inside. I stood by the door while Joshua sat on the floor by the table. Martha took Maggie to the back of the house to help her clean up. It was a large house by our country standards, but not nearly as big as Jakan’s. Still, Simon had done well for the son of a blacksmith. I didn’t see Simon anywhere. â€Å"Come sit at the table,† Joshua said. â€Å"Nope, I’m fine by the door here.† â€Å"What’s the matter?† â€Å"Do you know whose house this is?† â€Å"Of course, Maggie’s brother Simon’s.† I lowered my voice. â€Å"imon-Say the eper-Lay.† â€Å"Come sit down. I’ll watch over you.† â€Å"Nope. I’m fine here.† Just then Simon came in from the other room carrying a pitcher of wine and a tray of cups in his rag-wrapped hands. White linen covered his face except for his eyes, which were as clear and blue as Maggie’s. â€Å"Welcome, Joshua, Levi – it’s been a long time.† We’d known Simon as boys, spending as much time as we did hanging around Maggie’s father’s shop, but he had been older, learning his father’s craft then, and far too serious to be associating with boys. In my memory he was strong and tall, but now the leprosy had bent him over like an old woman. Simon set the cups down and poured for the three of us. I remained against the wall by the door. â€Å"Martha doesn’t take well to serving,† Simon said, by way of apologizing for doing the serving himself. â€Å"She tells me that you turned water into wine at the wedding in Cana.† â€Å"Simon,† Joshua said, â€Å"I can heal your affliction, if you’ll allow me.† â€Å"What affliction?† He lay down at the table across from Joshua. â€Å"Biff, come sit with us.† He patted a cushion next to him and I ducked in the event that fingers started flying. â€Å"I understand that Jakan used my sister as bait for a trap for you two.† â€Å"Not much of a trap,† Joshua said. â€Å"You expected that?† I asked. â€Å"I thought there would be more, the whole Pharisee council perhaps. I wanted to answer them directly, not have my words passed through a dozen spies and rumormongers. I also wanted to see if there would be any Sadducees there.† Just then I realized what Joshua had already figured out: the Sadducees, the priests, weren’t involved in Jakan’s little surprise inquisition. They had been born to their power, and were not as easily threatened as the working-class Pharisees. And the Sadducees were the more powerful half of the Sanhedrin, the ones who commanded the soldiers of the Temple guard. Without the priests, the Pharisees were vipers without fangs, for now anyway. â€Å"I hope we haven’t brought the judgment of the Pharisees down on your head, Simon,† Joshua said. Simon waved a hand in dismissal. â€Å"Not to worry. There’ll be no Pharisees coming here. Jakan is terrified of me, and if he really believes that Maggie is possessed, and if his friends believe it, well, I’d bet he’s divorced her already.† â€Å"She can come back to Galilee with us,† I said, looking at Joshua, who looked at Simon, as if to ask permission. â€Å"She may do as she wishes.† â€Å"What I wish is to get out of Bethany before Jakan comes to his senses,† Maggie said, coming from the other room. She wore a simple woolen dress and her hair was still dripping. There was still green goo on her sandals. She came across the room, knelt down, and gave her brother a huge hug, then a kiss on the eyebrow. â€Å"If he comes by or sends word, you’ll tell him I’m still here.† I sensed Simon was smiling under the veil. â€Å"You don’t think he’ll want to come in and look around?† â€Å"The coward,† Maggie spat. â€Å"Amen,† I said. â€Å"How did you stay with a creep like that all of these years?† â€Å"After the first year he didn’t want to be anywhere near me. Unclean, don’t you know? I told him I was bleeding.† â€Å"For all those years?† â€Å"Sure. Do you think he would embarrass himself among the members of the Pharisee council by asking them about their own wives?† Joshua said, â€Å"I can heal you of that affliction, if you’ll allow me, Maggie.† â€Å"What affliction?† â€Å"You should go,† Simon said. â€Å"I’ll send word about what Jakan has done as soon as I know. If he hasn’t done it already, I have a friend who will plant the idea that if he doesn’t divorce Maggie his place on the Sanhedrin might be questioned.† Simon and Martha waved to us from the doorway, Martha looking like a compact ghost of her older sister and Simon just looking like a ghost. And thus did we become eleven. There was a full moon and a sky full of stars thrown over us as we walked back to Gethsemane. From the top of the Mount of Olives we could see across the Kidron Valley to the Temple. Black smoke streamed into the sky from the sacrificial fires which the priests tended day and night. I held Maggie’s hand as we walked through the grove of ancient olive trees and out into the clearing near the oil press where we camped. Philip and Nathaniel had built a fire and there were two strangers sitting by it with them. They all stood up as we approached. Philip glared at me, which baffled me until I remembered that he’d been with us at Cana, and seen Joshua and Maggie dancing at the wedding. He thought I was trying to steal Joshua’s girl. I let her hand go. â€Å"Master,† said Nathaniel, tossing his yellow hair, â€Å"new disciples. These are Thaddeus and Thomas the Twins.† Thaddaeus stepped up to Joshua. He was about my height and age, and wore a tattered woolen tunic and looked especially gaunt, as if he might be starving. His hair was cut short like a Roman’s, but it looked as if someone had cut it with a dull piece of flint. Somehow he looked familiar. â€Å"Rabbi, I heard you preach when you were with John. I have been with him for two years.† A follower of John, that’s where I knew him from, although I didn’t remember meeting him. That explained the hungry look as well. â€Å"Welcome, Thaddaeus,† Joshua said. â€Å"These are Biff and Mary Magdalene, disciples and friends.† â€Å"Call me Maggie,† Maggie said. Joshua stepped over to Thomas the Twins, who was only one guy, younger, perhaps twenty, his beard still like soft down in places, his clothes finer than any of ours. â€Å"And Thomas.† â€Å"Don’t, you’re standing on Thomas Two,† Thomas squealed. Nathaniel pushed Joshua aside and whispered in his ear a little too loudly. â€Å"He sees his twin but no one else can. You said to show mercy, so I haven’t told him that he’s mad.† â€Å"And so you shall be shown mercy, Nathaniel,† Joshua said. â€Å"So we won’t tell you that you’re a ninny,† I added. â€Å"Welcome, Thomas,† Joshua said, embracing the boy. â€Å"And Thomas Two,† Thomas said. â€Å"Forgive me. Welcome, Thomas Two, as well,† said Joshua to a perfectly empty spot in space. â€Å"Come to Galilee and help us spread the good news.† â€Å"He’s over there,† said Thomas, pointing to a different spot, equally empty. And thus did we become thirteen. On the trip back to Capernaum Maggie told us about her life, about the dreams she had set aside, and about a child that had died in the first year of her marriage. I could see Joshua was shaken when he heard of the child, and I knew he was thinking that if we hadn’t taken off to the East, he would have been there to save it. â€Å"After that,† Maggie said, â€Å"Jakan didn’t come near me. There was bleeding right after the baby died, and as far as he knew it never stopped. He’s always been afraid that someone might think that there’s a curse on his house, so my duties as a wife were public only. It’s a double-edged sword for him. In order to appear dutiful I had to go to the synagogue and to the women’s court in the Temple, but if they thought I was going there while I was bleeding I would have been driven out, maybe stoned, and Jakan would have been shamed. Who knows what he’ll do now.† â€Å"He’ll divorce you,† I said. â€Å"He’ll have to if he wants to save face with the Pharisees and the Sanhedrin.† Strangely enough, it was Joshua who I had trouble consoling about Maggie’s lost child. She’d lived with the loss for years, cried over it, allowed it to heal as much as it would, but the wound was fresh for Joshua. He walked far behind us, shunning the new disciples who pranced around him like excited puppies. I could tell that he was talking to his father, and it didn’t seem to be going well. â€Å"Go talk to him,† Maggie said. â€Å"It wasn’t his fault. It was God’s will.† â€Å"That’s why he feels responsible,† I said. We hadn’t explained to Maggie about the Holy Ghost, the kingdom, all the changes that Joshua wanted to bring to mankind, and how those were at odds, at times, with the Torah. â€Å"Go talk to him,† she said. I fell back in our column, past Philip and Thaddaeus, who were trying to explain to Nathaniel that it was his own voice he heard when he put his fingers in his ears and spoke, and not the voice of God, and past Thomas, who was having an animated discussion with empty air. I walked along beside Joshua for a while before I spoke, and then I tried to sound matter-of-fact. â€Å"You had to go to the East, Joshua. You know that now.† â€Å"I didn’t have to go right then. That was cowardly. Would it have been so bad to watch her marry Jakan? To see her child born?† â€Å"Yes, it would have. You can’t save everyone.† â€Å"Have you been asleep these last twenty years?† â€Å"Have you? Unless you can change the past, you’re wasting the present on this guilt. If you don’t use what you learned in the East then maybe we shouldn’t have gone. Maybe leaving Israel was cowardly.† I felt my face go numb as if the blood had drained from it. Had I said that? So, we walked along for a while in silence, not looking at each other. I counted birds, listened to the murmur of the disciples’ voices ahead, watched Maggie’s ass move under her dress as she walked, not really enjoying the elegance of it. â€Å"Well, I, for one, feel better,† said Joshua finally. â€Å"Thanks for cheering me up.† â€Å"Glad to help,† I said. We arrived in Capernaum on the morning of the fifth day after leaving Bethany. Peter and the others had been preaching the good news to the people on the shore of Galilee and there was a crowd of perhaps five hundred people waiting for us. The tension had passed between Joshua and me and the rest of the journey had been pleasant, if for no other reason than we got to hear Maggie laugh and tease us. My jealousy of Joshua returned, but somehow it wasn’t bitter. It was more like familiar grief for a distant loss, not the sword-in-the-heart, rending-of-flesh agony of a heartbreak. I could actually leave the two of them alone and talk to other people – think of other things. Maggie loved Joshua, that was assured, but she loved me as well, and there was no way to divine how that might manifest. By following Joshua we had already divorced ourselves of the expectations of normal existence. Marriage, home, family: they were not part of the life we had chosen, Joshua made that cl ear to all of his disciples. Yes, some of them were married, and some even preached with their wives at their sides, but what set them apart from the multitudes who would follow Joshua was that they had stepped off the path of their own lives to spread the Word. It was to the Word that I lost Maggie, not to Joshua. As exhausted as he was, as hungry, Joshua preached to them. They had been waiting for us and he wouldn’t disappoint them. He climbed into one of Peter’s boats, rowed out from the shore far enough for the crowd to be able to see him, and he preached to them about the kingdom for two hours. When he had finished, and had sent the crowd on their way, two newcomers waited among the disciples. They were both compact, strong-looking men in their mid-twenties. One was clean-shaven and wore his hair cut short, so that it formed a helmet of ringlets on his head; the other had long hair with his beard plaited and curled in the style I had seen on some Greeks. Although they wore no jewelry, and their clothes were no more fancy than my own, there was an air of wealth about them both. I thought it might have been power, but if it was, it wasn’t the self-conscious power of the Pharisees. If nothing else, they were self-assured. The one with the long hair approached Joshua and kneeled before him. â€Å"Rabbi, we’ve heard you speak of the coming of the kingdom and we want to join you. We want to help spread the Word.† Joshua looked at the man for a long time, smiling to himself, before he spoke. He took the man by the shoulders and lifted him. â€Å"Stand up. You are welcome, friends.† The stranger seemed baffled. He looked back at his friend, then at me, as if I had some answer to his confusion. â€Å"This is Simon,† he said, nodding toward his friend. â€Å"My name is Judas Iscariot.† â€Å"I know who you are,† Joshua said. â€Å"I’ve been waiting for you.† And so we became fifteen: Joshua, Maggie, and me; Bartholomew, the Cynic; Peter and Andrew, John and James, the fishermen; Matthew, the tax collector; Nathaniel of Cana, the young nitwit; Philip and Thaddeus, who had been followers of John the Baptist; Thomas the twin, who was a loony; and the Zealots, Simon the Canaanite and Judas Iscariot. Fifteen went out into Galilee to preach the Holy Ghost, the coming of the kingdom, and the good news that the Son of God had arrived. How to cite Lamb: The Gospel According to Biff, Christ’s Childhood Pal Chapter 27, Essay examples

Independent Contractors Employees Retrieve â€Myassignmenthelp.Com

Question: Discuss About The Independent Contractors Employees Retrieve? Answer: Introducation The contract law of Australia has been adopted from the corresponding law of England with some modifications and developments. Under the Australia contract law the essential ingredients to form a valid contract enforceable in the courts of law are identical to those which are basically required in other accounting. The essentials required to form a contract are as follows: Agreement Agreement is the first requirement to form a legally binding contract. An agreement is formed when an offer or a proposal is made by one person by expressing his willingness to another to do or not to do a certain act with an intention and in order to get an acceptance from that other person to whom such an offer is made. The person making the offer is called an offeror while the person to whom the offer is made is called an offeree. When the offeree accepts to act according to the willingness of the offeror, an agreement is said to have come into existence. Such an agreement may be for lawful or unlawful purpose (Treitel, 2003) Consideration One of the most essential ingredient to form a legally binding contract is consideration. Consideration is anything which is given in lieu of the promise of act or omission. An management is incomplete without consideration having been attached to it. A lawful consideration shall be attached to an agreement to make it legally enforceable. A consideration may be anything which has monetary value (Treitel,2003). Capacity The term capacity means the capability of a person to enter into a contract. The law prohibits certain persons from entering into a contract for the reason that they are incapable of understanding the legal consequences of the contract. Under law a person who is of sound mind and has attained the age of majority as required under the law by which he is governed and has not been prohibited under any law from entering into a contract may become party to a legally binding contract (Treitel, 2003). For the purpose of entering into a legally binding contract the most essential ingredient is an intention to enter into legal relations and to bind each other with the rights and obligations attached to the contract (Treitel,2003). The term certainty implies that the terms of the contract shall be certain and not ambiguous so as to make the contract void. An ambiguous contract will make the contract void (Treitel, 2003). A contract, in order to be legally enforceable, is not required to be put into a written form. The essential requirements to make a contract legally binding are offer and acceptance, consideration, capacity of the parties, intention to enter into legal relations and certainty of the terms of the contract (Nolo, 2006). A contract can be made orally or in writing as per the desire of the parties to the contract. An exception to the rule is formal contracts (Bruce, 2014). Both the types of contract, i.e., oral and written contracts, are equally binding without any discrimination. Both the types of contract are equally enforceable in the courts of law. The oral contracts are a bit complex to get enforced for the reason that at the time of giving the evidences with regard to the oral contracts the parties to an oral contract may come into conflict with each other in the lack of written evidences of the terms of contract. This is the only disadvantage of making an oral contract. The partie s at the time of producing the evidences and the court at the time of analyzing them may find vagueness in the terms of an oral contract. This is not the case with a written contract as the terms of the contract are in written form and there is minimum probability of any ambiguity to arise. Therefore it is a good idea to put a contract into a written form so as to avoid any kind of ambiguity or vagueness with regard to the terms of the contract and thereby to diminish the chances of conflicts which may arise between the parties at the time of enforcing the contract. Another reason for making a written contract is that the parties at times also forget the negotiations and terms of the contract due to the reason of a longer span of time between the making of the contract and its enforceability. This factor also induces parties to prefer a written contract instead of an oral one. In cases of day-to-day dealing of a business or any transfer of property, it is always preferable to make a written contract (Stock, 2013). A formal contract is a contract which requires certain formalities to be fulfilled in order to make such contracts legally enforceable. Such contracts are required, by law, to be made in a formal style by following a certain manner of writing it. Therefore, a formal contract has to be essentially in a written form so as to make it legally binding. A formal contract will be valid only if it is formed in the manner required under the law. Further, in order to make such a contract valid, it does not require a consideration to be attached to it as an essential ingredient. The formal contracts may be enforceable within a period of twelve years from the date of its making (Lui, 2009). There are two types of formal contracts: Contracts of record; and Contracts under seal or contracts by deed. The first category of formal contracts that is the contracts of record are those contracts which do not require the intention or consent of the parties in order to be enforceable by law. Intention is an important ingredient to make a valid contract enforceable in the courts of law but in case of a contract of record intention of the parties is not required for the reason that the existence of such contracts may be proved by producing a record of a court. The examples of a contract of record are judgments given by the courts upon conclusion of legal proceedings or a bond filled with the court for maintaining peace or good behavior or for appearing in the court as and when required (Lui, 2009). The second category of formal contracts are the contracts under seal or contracts by deed. These category of contracts become enforceable and binding only if they have been made in the required format. Such contracts require signature and attestation by a witness who shall not be a party to the contract which he is attesting. The attestation of the contract by putting a seal upon it itself gives authentication to the document of the contract. As per law, a contract under seal is considered to be a good consideration for the purpose of contract. Some examples of a contract under seal or contract by deed are loan agreements or automobile leases(Lui, 2009). Social or domestic arrangements do not have legal significances as the parties, at the time of making the contract, do not have intention to make each other bound by law and hence these agreements are not enforceable in the courts of law. But, here, in the instant case the parties had intention of making each other legally bound as there was involvement of money consideration. When each party contributed an amount to buy the lottery ticket with a common intention to win the prize and share it in proportion of their contribution. Therefore the parties are said to have an intention to make a legally binding contract and to bind themselves with the rights and obligations attached to the terms of the contract. The courts have also made similar observations in different cases. In a case where a person who made application to buy an entry coupon for himself and two of his friends and won the prize the high court laid down that the contract was a valid contract and therefore enforceable in the courts of law. The court held that the parties had intention to bind each other legally as they were contributing a sum to buy a coupon with an intention to win the prize. Therefore, the prize has been won by all of them and every partner has a right to share the prize in the proportion of the contribution made by them to buy the coupon (Trevey v Grubb, 1982). Also in another case the court held the same opinion with regard to the buying of lottery ticket. In this case the court held that although the two other persons were not making regular contribution to buy the lottery ticket they still had intention to bound themselves in a legal contract. Therefore they have right to share the winning prize in the proportion of the contributions made by them to buy the lottery ticket (Simkins v Pays, 1955). As per the observations made by the courts in above cases can be applied in the instant case that a person who buys a lottery ticket from an amount where contribution has been made by other persons too then the former is liable to share the lottery prize that has been won with the other persons also. Such a contract is purely legal and enforceable as the parties contribute money in the form of consideration to win the prize. Therefore, the purchaser of the ticket is bound to share the lottery prize with his friends. Under the law of torts, the principle of vicarious liability involves various kinds of relationships. One among such relationship is that of a principal and agent. According to the rule of vicarious liability a principal is bound by the acts of his agent as the agent works under his complete control. It is important here to distinguish the relationship of that of a principal and agent from that of an employer and an independent contractor. In Australia, the rights of an independent contractor have been protected under the Independent Contractors Act of 2006 and Fair Work Act of 2009 (Legal Service Commission of South Australia. 2016). The legal significance of an independent contractor are different from that of an agent. Under law there are a number of differences in an agent and an independent contractor. An independent operations is a person who enters into contract for providing services to another person as distinguished from an agent who is in contract of service with his principal. The basic difference in the two types of contracts is that in a contract of service a person binds himself to another to provide services only to the latter like in case of that of a principal and agent (Ministry of Manpower, 2017). The agent works under the complete control of his employer or on his behalf. This makes the principal bound by the acts of his agent in cases of negligence committed by the latter. On the other hand, in a contract for service the independent contractor, as the name suggests, works independent from the control of his employer (Queensland Government, 2016). The former works on his own terms and conditions and is not bound by the words of the employer. The employer can only suggest what work he wants and not the method to do that work as is the case in that of a principal agent relationship. The employer is not vicariously liable for any damage to a third party resulting from the negligence of the independent contractor as the latter is working for the former and not on his behalf(Australian Government, 2016). Further an agent can work only for one principal at a time while an independent contractor can make a number of contracts with different persons at the same time for and can provide services to them simultaneously. Also the agent is employed to do all the works on behalf of his principal while the independent contractor contracts to perform a single task for his employer (Australi an Government. (n.d.)). Reference List: Australian Government. (n.d.). Independent contractrors and employees. Retrieved from: https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/independent-contractors-and-employees. Australian Government. (2016). Laws affecting contracts. Retrieved from: https://www.business.gov.au/info/plan-and-start/start-your-business/independent-contractors/understanding-contracts/laws-affecting-contracts. Bruce, J. (2014). What is the Requirement of business Law Legality in a Contract?. MCNA. Retrieved from https://mcna.com.au/requirement-common-law-legality-contract/ Legal Service Commission of South Australia. (2016). Employees and independent contractors. Retrieved from: https://www.lawhandbook.sa.gov.au/ch18s02.php. Lui, S. S. (2009). The roles of competence trust, formal contract, and time horizon in interorganizational learning. Organization Studies, 30(4), 333-353. Retrieved from: https://www.business.gov.au/info/plan-and-start/start-your-business/independent-contractors/understanding-contracts/types-of-contracts Ministry of Manpower. (2017). Contract of service. Retrieved from: https://www.mom.gov.sg/employment-practices/contract-of-service Nolo. (2006). What Makes A Contract Valid?. Forbes. Retrieved from https://www.forbes.com/2006/11/20/smallbusiness-statelaw-gifts-ent-law-cx_nl_1120contracts.html Queensland Government. (2016). Step 4 contract of services versus contract for service. Retrieved from: https://www.worksafe.qld.gov.au/insurance/which-insurance-product-is-right-for-you/accident-insurance/who-should-i-cover/worker-determination-from-1-July-2013/contract-of-services-v-contract-for-service. Simkins v Pays (1955)1 WLR 975. Stock, H. (2013). When Is A Contract Legally Binding?. Harold Stock Co. Retrieved from https://www.haroldstock.com/contracts/contract-legally-binding/ Trevey v Grubb (1982) 44 ALR 20. Treitel,G.H.(2003).Thelawofcontract.SweetMaxwell.