The Hanging of Angelique

The Hanging of Angelique, The Untold Story of Canadian Slavery and the Burning of Old Montreal, written by Afua Cooper, is the story of not just Marie-Joseph Angelique, a black slave in 18th century Montreal accused, tried and hanged for arson, but gives insight into the entire African slave trade and brings to the forefront the thousands of African slaves here in Canada, a fact that has been â€Å"bulldozed and ploughed over† (P 7)1, while we ridicule our southern neighbours for their involvement in the very same industry.It is also a useful tool in the study of everyday life during this time period in New France, including their personal interactions, economic pillars, cultural beliefs, and overall social structure. Dr. Afua Cooper is a leading authority on Canadian black history and slavery; she has devoted her life to uncovering the past and educating the public on the little known subject of black slavery in Canadian history.She is a renowned presenter, scholar, poet, and author, having published five books of poetry, and several books both historical and historical fiction2 in her efforts to bring to light â€Å"Canada’s sorry history of slavery and racism† (P XII)1. She is currently the Ruth Wynn Woodward Endowed Chair in Women’s Studies at Simon Fraser University, British Columbia2.Fifteen years of research went into the telling of Angelique`s story, using a variety of methods including court and business records, including Angelique’s trial transcripts, newspapers containing advertisements for the purchase and sale of slaves (P 97)1 and other histories of slavery. It is these many details that Dr. Cooper has included that helps the reader to become immersed in the story. From the haunting description of la question ordinaire et extrodinaire (P 17-19)1, the rise and fall of Portugal as a maritime superpower (P 24)1 , and the descriptions of the city and buildings that were destroyed so easily (P 142-3)1.She tells the s tory of not only Marie-Joseph Angelique, but of all people in New France including both negro and Indian slaves, indentured labourers, and those of the higher classes. Angelique`s owners, Francois Poulin de Francheville and his wife, Therese de Couagne belonged to a social class referred to as bourgeois, â€Å"a social class of middle standing—between the aristocracy and the lower classes† (P 107)1. Their business was commerce, most notably, the â€Å"lifeblood of the colony†, the fur trade.Francois, and many others, prospered from the fur trade, it was, in fact, the main economy of the colonies at the time. Not only for the actual voyageurs and merchants, but the supplies needed for the outposts, goods to trade with the natives (especially alcohol), and transportation of these goods to the trading posts. Without support from Montreal, none of the posts would have been able to survive. The fur trade was an essential part of life in New France, not only to those directly related, it affected everyone. The trade was the pivot upon which most other affairs, especially politics, religion, and war, spun. Politicians and priests, Natives and French, merchants and voyageurs, soldiers and kings, architects and engineers all had careers made, enhanced, or unmade by the fur trade† (P 115)1. Another barrier between the rich and poor keeping the class divisions separate was the Seigneurial system, of which Angeliques owner was a part.An upper class man were granted land by the crown, and then was rented to others to work it, all the while paying the Seigneur rent and paying for the use of his mill. Only a Seigneur could own the mill, and all of the natural resources on said land, including fish, timber, or valuable metal deposits, belonged him as well. Francois Poulin de Francheville happened to be Seigneur for a plot of land about fifteen acres outside of Montreal, which just happened to be rich in iron deposits.In an effort to diversify the co lony’s economy, he obtained a twenty-year monopoly from the crown to mine the iron in the Trois-Rivieres area (P 121)1. Francheville continued to support the fur trade, still the pivot of life in the colonies by selling manufactured goods such as sewing needles, cookware, and stoves, but the majority of the steel was used by France for shipbuilding and military equipment. Montreal was no longer economically dependant on the fur trade.Among the classes of New France, Angelique was at the very bottom, disadvantaged on three fronts. Not only was she a slave, but she was a black female slave. After the black slaves were the Indian slaves, or Panis (P 81)1, free blacks, indentured labourers, and then the traders, bourgeois, and Nobles that made up the high society. Though the class structure was quite rigid, there was room for movement in the ranks. Angelique was romantically involved with Claude Thibault, an indentured labourer in the same household as herself.Though Claude was n ot a slave, he was contracted for three years and was paid for the work he did, he wished to escape the colonies and return to France. The pair did escape once, but were caught, and he was believed to be Angelique`s accomplice in setting the fire. As those in lower classes mingled and formed bonds, so too did the middle and higher classes, though for different reasons. Francois Poulin de Francheville was a social climber, and in order to expand his social circle, he married the daughter of a very influential and rich Montreal merchant, Therese de Couagne.Where Angelique and Claude had shared frustration and humiliation of serving others, the marriage of Francois and Therese was a mutually beneficial agreement mostly due to money and family connections. Though Patriarchy was the dominant ideology at the time, white women still had some freedom. Black slave women were advertised for sale usually as house servants, the ability to cook, clean, and do household chores were the selling po ints. They were seen as not being able to do any more than such duties.When her husband died, however, Therese de Couagne, being a high class white woman, took full control of all of her husband’s business dealings and they flourished. Not only were men seen as better than women, white women were more capable than black. Legal procedure when prosecuting Marie-Joseph Angelique was shockingly different to that which is practiced today. Pierre Raimbault, Angelique’s prosecutor, gathered evidence and prepared the case against Angelique. The evidence against her was strong, several witnesses testified against her, and she had motive, being a mistreated and angry slave.She was found guilty by the judge, who was not entirely impartial because he, like many others, had lost most of his possessions in the fire. Her sentence was to â€Å"be condemned to make honourable amends, and to have her hand cut off, and that she be thrown alive into the fire in a place in this town deeme d most appropriate, after having been subjected to la question ordinaire et extraordinaire in order that she name her accomplices and that the judgement of the one named Thibault be delayed until the said accused has suffered such interrogation† (P 254)1.Angelique`s punishment was appealed, and downgraded, but such brutal punishments were quite common in European societies, carried out on perpetrators of such crimes believed despicable, others included burnt alive, boiled, quartered, covered in hot oil or tar (P 255)1. La question ordinaire et extraordinaire was, indeed, torture. The judge not only wanted a confession from Angelique, he wanted her to name her former lover, Thibault, as her accomplice, so that he too could be executed.Once again, not exactly promising for a â€Å"fair and unbiased† trial. Afua Cooper’s The Hanging of Angelique, The Untold Story of Canadian Slavery and the Burning of Old Montreal not only shows an overview of the African slave trad e and its beginnings, the overall social structure, cultural beliefs and economic backbone of New France, but she also succeeds in showing the indomitable nature of the human spirit by showing no matter how little freedom she has, Angelique still finds ways to rebel.It shows the class distinctions that ruled people’s lives in the 18th century Canada that no longer exist to such an extent, the way they lived, whether by the fur trade, or farming, or as a government official. It is a great example of how Canada has grown from small colonies with little to no economic diversity, and rigid class structure ruled by societal pressure where slaves were a sign of prestige, to a multicultural developed country today.

Oedipus the King and Alienation

Alienation is the process of becoming a separate part of the society; this is connected to the social side of life. It leaves one with a feeling of loneliness, which can either be mental or physical. As a result, characters in this instance become alienated from the world they live in. Three examples of characters who suffer from alienation are Oedipus from the play Oedipus the King, â€Å"the monster† from the novel Frankenstein, and Hamlet in the play Hamlet. These three characters go through the several stages of alienation to relieve themselves from the feeling of loneliness.The stages of alienation include initiation, journey, suffering, and reconciliation. Initiation is an examination of oneself to decide the steps of changing out of alienation. Journey is the process in which the alienated one goes through different steps, mentally or emotionally, from one experience to the next. Suffering is the pain or distress that alienation causes. Reconciliation is the last step i n alienation that reunites the alienated one with their society, peers, or even loved ones.In the play Oedipus the King, by Sophocles, Oedipus is alienated from the city of Thebes because he kills his own father and commits incest with his own mother. The city of Thebes was under a plague until the murderer of King Laius was found. Oedipus becomes the new King after the death of Laius and begins his search for the murderer. Oedipus searches for Tiresias, the blind prophet. When he gets to Tiresias he asks him what he knows about the murder. Tiresias responds by telling Oedipus the truth brings him nothing except pain.He continues to refuse to tell Oedipus what he sees. Oedipus gets mad at the old prophet and begins to accuse him of the murder of the King. This angers Tiresias and he tells the truth that he has discovered that Oedipus himself is the murderer of Laius. Tiresias says â€Å"he'll be revealed a brother and a father to his children in his house, husband and son to her wh o gave him birth; wife-sharer and the killer of his father† (Sophocles 74). Oedipus of course denies these accusations against him and in return he accuses Tiresias and Creon of plotting against him and leaves them.Oedipus ends up finding out from a shepherd that his real parents are not his biological parents. The original shepherd who took Oedipus in as a child, learned of his fate, that Oedipus would kill his father and marry his mother. He decided it was best to pass the young boy onto another shepherd in the next city over, Corinth. He expected if Oedipus was in a foreign city that his fate would not come true. Oedipus realizes who he is and who his parents are. The last words Oedipus mother says to him were â€Å"to live where time allows, and have a better life than the man who fathered you† (Sophocles 89).His mother ends up killing herself and Oedipus takes the pins from her robes and stabs his eyes out, he then is alienated from the city of Thebes. Oedipus is v ery much alienated from his society, friends, and family. Oedipus initiation is himself trying to find out the real story behind the murder of the King. His journey is the steps he learns along the way that build up to him discovering who he actually is. It was a long journey for Oedipus in which his fate caught up to him just like Tiresias says, â€Å"Oedipus' cloud of darkness is inescapable, unspeakable, unstoppable, driven by cruel winds† (Sophocles 49).Oedipus suffers from the fact that he not only killed his father, but married his own mother. He also looks like a liar to the entire city of Thebes, as they trusted him to find the murderer so they could be saved. At the end, Oedipus is reconciled with the truth and decides to stab his eyes. Oedipus is the classical example of a tragic hero who also shows the reality of fate and alienation. In the novel Frankenstein, by Mary Shelley the monster is alienated from the world. The story begins with Captain Robert Walton saili ng to the North Pole. His boat gets stuck hundreds of miles from land in sheets of ice.He decides to write a letter to his sister back in England and he talks about how he wants a male friend to keep him company on the boat. Walton then runs into Victor, a very strange man to say the least. Victor talks about his life to Walton and explains about this creature he made out of human corpses. Back in Geneva, Victor’s hometown, his brother is murdered. The house servant, Justine, is accused of the murder of William. Victor realizes the monster he made is the murderer and Justine is in fact innocent. Victor decides to go on a trip to the Swiss Alps to sleep and relax.Victor ends up running into the monster. The monster tells him a sad story about how he was alienated from the world and how he killed the boy out of revenge. The monster is mad that he was made alone and has no friends. He talks about how he has a miserable life. The monster says â€Å"I, the miserable and the aband oned, am an abortion, to be spurned at, and kicked, and trampled on† (Shelley 67). He explains a story about how a family of cottagers gave him hope that he would soon find compassion. They ended up deserting him and driving him away and this was his last chance to connect with society.â€Å"I am alone and miserable: man will not associate with me; but one as deformed and horrible as myself would not deny herself to me. My companion must be of the same species and have the same defects. This being you must create† (Shelley 143). The monster asks Victor to create a female friend for him. After a lot of convincing, Victor decides to do it. Victor ends up killing his attempt at a monster figuring that the first monster is tricking him so that they can destroy man kind. Victor returns to Geneva to marry Elizabeth and he then remembers the promise of how the monster wanted to be with him on his wedding night.The night of the wedding the monster ends up killing Elizabeth and Victor's father passes away from all of the grief. The monster wanted the revenge on Victor for not creating him a companion. Victor ends up chasing the monster down but the story ends with Victor dying and the monster crying over Victor's dead body. The monster then says he has nothing to live for and goes off to die. Before he goes off, the monster says â€Å"Was there no injustice in this? Am I to be thought the only criminal, when all human kind sinned against me† (Shelley 197).The monster suffers alienation because his maker left him alone with a miserable life. He has no compassion for anything and has no companion to spend his time with. The monster tries to get over alienation by getting revenge on the people who do not help him. His initiation is explaining his story and loneliness to Victor. The monsters journey is the story of his life without compassion, a companion, or anyone to look out for him. He suffers from being lied to a lot and gets revenge by killing peo ple. At the end he realized Victor was the best thing going for him and regrets revenging him, this is the monsters reconciliation.In the play Hamlet, by Shakespeare, Hamlet is alienated from society, but more importantly from his own family. Hamlet returns home from college to discover that his father, who is also the King, has been murdered. Hamlet’s mother and uncle are now dating, just a few days after his father’s death. I believe the first person to alienate Hamlet is Gertrude. The one person Hamlet would least ever expect to do this to him, his own mother. She has not grieved at all over her husband’s death and has completely ignored Hamlet's feelings about the situation. She ends up marrying Claudius, who was her husband’s brother, and soon to be found murderer.Since Claudius marries Gertrude he is the new King, this strongly angers Hamlet. Gertrude does not even see why her son is so angry about the situation. These are two examples that show how Hamlet's family members alienated him. Then Hamlet catches Claudius and Polonius spying on him, this frustrates Hamlet extremely. Claudius murdered Hamlet's father and Hamlet is out to prove it. Procrastination stops Hamlet from taking actions into his own hands towards Claudius and this causes problems within the family. Hamlets own two best friends, Rosencrantz and Guildenstern, are even sent just to spy on him and watch him for Claudius.Hamlet does not know who to tell about the murder so thoughts of suicide posses his mind. He says â€Å"I am myself indifferent honest, but yet I could accuse me of such things that it were better my mother had not borne me† (Shakespeare 146). Hamlet is feeling helpless and unaware of what to do about his father’s murder. It only makes it worse on him that he has no parents to talk to about the situation. He has thoughts of killing Claudius but he can not tell his mother, Claudius, Polonius, or Ophelia about his plot to kill Claudiu s.Hamlet feels like he is trapped, he says â€Å"Denmark's a prison† (Shakespeare 112). He can speak to no one just as if he were a prisoner in jail. Not having the ability of talking to others for help about situations leaves one with a feeling of alienation. Ophelia also experiences alienation. She experiences hers through Hamlet. Ophelia ends up killing herself though, unlike Hamlet. Gertrude blames Ophelia for the way Hamlet was acting and and says: â€Å"For your part, Ophelia, I do wish that your good beauties be the happy cause for Hamlet's madness† (Shakespeare 140).The queen has a guilt complex and always has to blame someone; she rests the guilt of Hamlets madness on the shoulders of Ophelia. Hamlet and Ophelia both suffer from alienation. Hamlet has no one to talk to about his whole situation and is forced to feel alienated about it all. He has to figure everything out himself and prove himself right. He is a very strong character and makes it through to pro ve his point. Hamlet and Ophelia suffer from alienation throughout Shakespeare's play, Hamlet. Hamlet and Laertes are spied on by Claudius and Polonius so that Claudius is kept safe.Gertrude also blames Ophelia for Hamlet's insanity and as a result of the alienation; Hamlet and Ophelia meet a tragic end. These three characters discussed, Oedipus, the monster, and Hamlet, all suffer from various forms of character alienation. All three of them suffer through the stages of alienation: initiation, journey, suffering and reconciliation. In this sense, they are all similar. They also differ in their alienations. Oedipus is not alienated until then end, until his fate unfolds. The monster has been alienated his whole entire life and therefore takes it out by revenging on people.Hamlet is alienated when he comes home from college and discovers his father has been murdered. Over time Hamlet reconciles and proves himself right, reviving from alienation. Oedipus and the monster never recover from alienation. All of these are examples of characters who have been alienated by different ways. In the end though, fate will always catch up rather it be positive, in Hamlets case, or negative, in Oedipus'. These characters initiated, went for the journey, suffered the pain and they reconciled, all because of alienation.

The Beauty Of The Beholder - 1198 Words

An all too familiar phrase â€Å"Beauty is in the eye of the beholder† has been blanketed in the minds of society throughout history. However, how much truth lies in that phrase or belief? If one is to examine the nature of this concept, beauty first and foremost needs a specific definition. Beauty is that which brings enjoyment to the person who observes or contemplates. The answer may seem self-evident when examining different cultures around the world. Ethiopian women for example, wear a lower lip clay plate to represent social class and beauty within the tribe; the bigger, the more admirable. Astonishingly enough, any woman in the United States seen wearing a lower lip clay plate would reach an extremely high level of deviance. However, there are none to argue against the unexplainable beauty of the Swiss Alps. In re-evaluation the over used clichà ©, â€Å"Beauty is in the eye of the beholder† raises room for debate, discussion, and consideration. In order to comp rehend beauty in an objective form versus a subjective form, the difference between the two need clarification. Objective truths are based on facts pertaining to the physical and material world. Primary qualities for example, are objective. The size, shape, and motion of a substance remain true whether or not there is someone present to perceive these things. On the other hand, secondary qualities are subjective. Subjectivity requires a perceiver to perceive the affects of a given substance. Sound, taste, color and smellShow MoreRelatedBeauty Is in the Eyes of the Beholder1068 Words   |  5 PagesMonica Isamat ENC 1101 Mrs. Schledorn 22 Nov 2012 Beauty is in the Eyes of the Beholder When you hear the word beautiful, what do you think of? Do you think of a blue sky, a flower, a rainbow? When it comes to the beauty of people, many people have different outlooks. Having true inner and outer beauty is what every women dream about. 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It goes the same for if people are beautiful on the outside then they definitely won’t be beautiful on the inside. Then, there are some people that areRead More Beauty Essay987 Words   |  4 Pages â€Å"Beauty is in the eye of the beholder† I agree that beauty lies in the eye of the beholder because beauty comes from within your soul. People have different ideas and tastes, so ideas on what is beautiful vary from person to person. This is proven when you look around in the world which we all share. There are countless ways in which beauty is shown to us all. It could be in nature, like the waterfalls or the sunset or even a hurricane; some people may think that it’s exotic to see the skies

The Transition From Drilling On Shore - 1915 Words

Overview This project is dealing with the transition from drilling on-shore to more difficult tasks that companies are taking upon them with drilling off-shore into shallow and deep water. Since drilling for easy oil has depleted, companies are pursuing sources for the heavy oil by moving to offshore drilling. The project was originally approved in 2014, but since the approval of the project oil prices have plunged more than 50% percent in 2015. XYZ’s Houston refinery is located on the Texas Gulf Coast and has a capacity of 200,000 bpd. It is capable of processing mix of light and heavy crudes. The company for years has been considering an expansion project for the Houston based refinery, which can provide the company with an advantage due to the favorable heavy crude prices and light oil from the Middle East. The expansion would be beneficial because bringing the heavy oil from Mexico and Venezuela have both low shipping cost and lesser travel distance to the refinery. 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Some of the most common toxins and pollutants are in a destructive group called organochlorinesRead MoreConoco Phillips Strategic Management4842 Words   |  20 Pageshow the split of ConocoPhillips in the year 2012 has improved the company. Furthermore, how there new focus on the Upstream Operations (exploration and production) of the company is helping them establish a good market barrier to separate themselves from their competition. The research draws attention to ConocoPhillips exploration of sales on the onshore basins  of North America and other countries, their interest in new ways to develop clean energy, and their investment in new technology to extract

Henrik Ibsen s A Doll s House - 1648 Words

Set in late 19th century Norway, Henrik Ibsen’s A Doll’s House parallels the societal standards of the time, a patriarchal society. This resulting framework reinforces a strict social stratum that seeks to marginalize women and develop the rapport of superior to inferior. The drama presents an archetypical housewife named Nora Helmer who grows dissatisfied and disillusioned with her patronizing husband, Torvald. Content with the status quo of the time, Torvald embraces the schema of the â€Å"man’s role† in a marriage - interacting with Nora as her father would; his accomplishment of such an ideal is qualified through the quantifiable. Through indirect characterization, the theme of appearance v. reality, and a motif of beauty, Ibsen portrays†¦show more content†¦Well, well, you little rogue, I am sure you did not mean it in that way. Responding to a comment made by Nora, Torvald is in disbelief that she would ever assume she was at the helm to an y extent. This exemplifies the expectation of Nora to remain entirely submissive and compliant at all time. Torvald answers as if presenting an indubitable truth: obedience is not a choice, it is a requisite. Evidence of Torvald’s authoritarian personality is additionally presented when he states, â€Å"That is like a woman! But seriously, Nora, you know what I think about that. No debts, no borrowing. There can be no freedom or beauty about a home life that depends on borrowing and debt.†(Act 1: Page 3 of 94). He, in this instance, addresses the absolute harm that is the borrowing of money, attributing Nora’s lack of â€Å"common sense† to being a woman. Despite Nora’s compliance, Torvald still pinpoints Nora’s shortcomings – specifically, in the realm of expenses and finances. The didactic tone in this excerpt further exemplifies the role assumed by Torvald; to assume the role of a teacher/superior is to undermine the potential of a nother on the premises of ignorance. The presumed incapability of Nora is established by Torvald as if to justify his acts of subservience, as presented previously. As a result of these unrealistic expectations – Nora’s complete deference – Torvald is ultimately allowed to displace the source of his

Social Media Dilemmas in Employment Context †Free Samples

Question: Discuss about the Social Media Dilemmas in Employment Context. Answer: Introduction: On the facts here, the cashier who has been working for the company for 25 years have been concerned about the changes that were implemented within the company. She found the training to be difficult and stressful but was furious when she learnt about not including her for training as well. Although the employer has assured her that she will not have to attend the training as she is 64 years old and is about to retire which will also save little expenses of the company, the employee threatened to initiate legal action against the company. Employers are entitled to reorganize or manage the workplace as they deem fit, which includes the right to change business processes and introduce new and advanced technology of operation (Walsh 2015). If an employer orders to subject the employees to training, such order is justified. A refusal to abide by the order shall amount to insubordination under the Canadian Employment Law. However, if the employer persists to permit the employee to work despite such refusal from the employee, it shall not amount to insubordination. Employees who have been in an organization for a long time also requires job challenges and often the employers provide change in their job positions as per the changing needs, abilities and preferences of the employees (Canada 2018). Such employment opportunities to work in other position for a period shall enable them to learn new skills and receive appreciation from their colleagues as well. In this case, as an employer it was unlikely to state that the employee who has been serving the company for 25 years that she was not about to be sent for training on the ground that she would retire soon and would save a little expense of the company. However, considering the fact that she believed that training would be difficult and stressful for her, it would be appropriate for the employer to ensure that the cashier is provided with an alternate position that suffices her needs, preferences and ability. If any further training is required for the same, it must be assured to her that such training is not difficult and stressful for her. The reason for resorting to the stated solution is that the old workers usually tend to be loyal to the company if their efforts are appreciated. Training is an element of retention for all employees including the older workers as well and it supports success, as the employees are able to see themselves improving within the organization. The training will make the employee believe that the company appreciates her effort and wishes her to continue with the company. This might make change her mind from initiating any legal actions (Minken Employment Lawyers 2018). Senior Research Supervisor As per the facts, the researcher supposedly become addicted to social networking sites and spends most of his time on social media during his working hours. In order to obtain sufficient evidence against the employee, the employer wishes to monitor his work by installing software. The Personal Information Protection and Electronic Documents Act [PIPEDA] governs the privacy of employees that safeguards the information of employees from being subjected to scrutiny by the managers. In Canada, each province has its own legislations and employers are required to comply with the individual provincial rules. The issue in this case may be addressed by two ways. Firstly, background checks can be conducted during recruitment which though may seem to be invasion of privacy but such process is construed as a necessary ground of due diligence. Secondly, since employee monitoring has not become a common practice in Canada and is practiced by very less companies. However, in order to install software that will put the workplace under constant surveillance and recordings, the employers must disclose the fact to the employees of the organization. The employees should also be notified of the fact that the company may utilize such recordings or footages for safety or disciplinary purposes. In the landmark case of Jones v Tsige [2012], Ontario Court of Appeal upheld legal protection of the rights of the individuals from any unreasonable interference into their personal life. On the facts here, the most appropriate solution would be to inform the employees about the installation of the software for monitoring and surveillance and that such recordings or footages shall be used for disciplinary or safety purposes. As was held in the Joness case, the PIPEDA legislation has been enacted to safeguard the privacy of the individual and that any invasion of privacy shall result in legal proceedings, which wuld futher affect the reputation of the company as well. Hence, apart from abiding by the laws of the relevant provincial laws, it is appropriate to monitor the performance of the employee using technology by notifying them about the same. Vice President Operations In the given case scenario, the employee to be hired has left a major competitor of the present company and had to be offered significant incentive. The employee moved halfway across the country to join the present company and wishes to continue here until her retirement but the company promised to continue with her for minimum 5 years. Hence, an employment contract must be drafted that secures the position of the employers if the employee is not satisfied with the company or even after making changes in the contract. The employment contracts either can be indefinite duration employment contracts or fixed term employment contracts. Indefinite duration contracts can be entered into if the employment is one of continuous service and is intended to last for an indefinite period without any specified end to the relationship. The employer is required to serve termination notice. Fixed term employment contracts may be used if the employment relationship is intended to last for a definite time until the completion of the specific project. No termination notice need to be served as the employment ends with the completion of the project (Lam 2016). The employment contracts must include express or implied terms and conditions including the rights and obligations of the employers and the employees. It must include special considerations or promises that have been promised verbally prior to the joining of the company. The terms and conditions should not be illegal or unconscionable. In order to make any fundamental changes to an employment contract in terms of reduction in salary, geographical relocation or any significant changes in the roles and responsibilities of the employees, the employer must notify the employee about the same. The employer must obtain consent of the employees in writing and must include an exchange of valuable consideration such as monetary signing bonus etc to make the contract binding and legally enforceable. As was held in Wonko v Western Inventory Services Ltd.[2008], the employee may accept the change or reject the contract on constructive dismissal ground or reject the change and continue with previously established employment terms unless employer terminates the employee (Lam 2016). As per the Employment Standards Act, the employer may terminate the employee by providing adequate notice period or pay instead or the employer may accept that no fundamental changes were made in the contract and continue on existing terms. On the facts here, the most appropriate type of employment contract would be fixed-term contract if the company wishes to continue with her for 5 years as then no termination notice is required to be served as termination would come to an effect after completion of the project. In case of any amendment in the contract, the changes should be made after obtaining consent from the employee and the amended contract must include consideration or monetary benefit for signing and accepting the amended contract. It will make the contract valid and enforceable. This solution shall address the concerned issue as fixed term contracts are appropriate for contracts valid for definite period. The consent of the employee is required otherwise; she may reject the amended contract and initiate legal action on the grounds of constructive dismissal for making changes without her consent as was held in Wonkas case. Shipping and Receiving On the facts here, the employee is a good-performer but has only one complaint regarding her chronic lateness at work. However, the employer could not inform or warn her about her lateness as she remains very busy but he wishes to dismiss her on such ground. In Canada, several employers have attendance policies non-complying which may amount to serious breach of employees obligation towards the employer. In the absence of a formal attendance policy, even chronic lateness amounts to breach of employee obligations. An employer may dismiss an employee on the grounds of chronic lateness if such ground is established as a just cause of dismissal (Arnow-Richman 2014). To establish the ground to be a just cause, the employer must keep record of all the documents of warnings give to the employee regarding the matter as was held in Cardenas v Canada Dry Ltd [1985]. However, the dismissal shall amount to unjustified termination if the employer fails to undertake consistent and prompt action in the event of chronic lateness on part of the employees as was held in Cain v Rolufs Ltd [1998] O.J. No. 661 (Gen. Div). The court held that the employer tolerated the misconduct of the employee for a long time without providing adequate and consistent warning letters for the same. In this case, the appropriate solution would be to provide adequate and consistent warning letters to the employee notifying her about her chronic lateness. Since she had said that her reason for being late is her sickness, it would be better if the employer asked her to provide all medical prescriptions related to her sickness as it can be used as an evidence. If even after the warnings, the employee continues to remain late and fails to provide and adequate medical evidence, it would be a just cause to dismiss the employee on ground of lateness as was held in Cardenas case. However, the employer must keep a record of all the documents of warnings to use it as an evidence to prevent the dismissal from being held as unjustified as was observed in Cains case. Engineering Design The employee was promoted to Manager of the Product Development Lab based on his good performance. However, after being promoted he fails to carry out his responsibilities and is terrible with people, caused loss of 7 good employees and have resulted in deterioration in productivity and performance. The company faced three human rights complaints, and despite being constantly warned about his behavior even in writing, the employee does not change his behavior stating he is unable to deal with people properly. The company wishes to dismiss the employee. Under the Canadian Employment Law, an employer may dismiss an employee on the grounds of incompetency. Incompetence implies lack of ability to meet a required standard or lack of attentiveness or negligence of the employee. An employer must establish that termination on grounds of incompetency is a justified cause. The employer must establish that the employee has been provided with warnings and despite such warnings, the deficiency in the performance of the employee was severe and it was detrimental for the business. In Boulet v Federated Co-operatives Ltd [2001], it was held that the employer must establish that the deficiency in the performance of the employee was fault of the employee and was not beyond his control. Further, the employer must establish that an employer did not know that the employee did not have the required skill while recruiting the employee or transferred to perform such role. The dismissal was not based on any single incident of incompetence but some other form of willful misconduct that significantly enhanced the incompetency of the employee significantly (Bratton and Gold 2017). In this case, the employer may dismiss the employee on the ground of incompetency and establish it is a just cause by stating that the employee was provided with warnings in writing. Despite such warnings, though he fulfilled his responsibilities, but his other willful misconduct resulted in the loss of 7 employees and affected the productivity and performance of the company. The dismissal can be established as a just cause because the employee was promoted based on his performance and he was considered best at getting work done. Moreover, he spent most of his time in supervising and disciplining the employees and has affected the business, which amounts to incompetency to meet the required standard of which he was already notified as was held in Boulets case. References Arnow-Richman, R., 2014. Mainstreaming Employment Contract Law: The Common Law Case for Reasonable Notice of Termination.Fla. L. Rev.,66, p.1513. Boulet v Federated Co-operatives Ltd [2001] MBQB 174 Bratton, J. and Gold, J., 2017.Human resource management: theory and practice. Palgrave. Cain v Rolufs Ltd [1998] O.J. No. 661 (Gen. Div) Canada, E. (2018). Age-friendly workplaces: Promoting older worker participation - Canada.ca. [online] Canada.ca. Available at: https://www.canada.ca/en/employment-social-development/corporate/seniors/forum/older-worker-participation.html [Accessed 5 Apr. 2018]. Cardenas v Canada Dry Ltd [1985] O.J. No. 1724 (Dist. Ct.). employment law in Canada: provincially regulated employers. (2018). [ebook] Available at: https://www.mcmillan.ca/files/Employment%20Law%20in%20Canada%20-%20provincially%20regulated%20employers.pdf [Accessed 5 Apr. 2018]. Jones v Tsige [2012] 108 O.R. (3d) 241 ONCA 32 Lam, H., 2016. Social media dilemmas in the employment context.Employee Relations,38(3), pp.420-437. Minken Employment Lawyers. (2018). Employment Contracts Fundamentals in Canadian Law. [online] Available at: https://www.minkenemploymentlawyers.com/employment-law-issues/employment-contracts/ [Accessed 5 Apr. 2018]. Personal Information Protection and Electronic Documents Act [PIPEDA] Snell, S.A., Morris, S. and Bohlander, G.W., 2015.Managing human resources. Nelson Education. Walsh, D.J., 2015.Employment law for human resource practice. Nelson Education. Wonko v Western Inventory Services Ltd. [2008] ON CA 327

Tender of Performance Essay Example

Tender of Performance Essay Parijat Mishra of BBA LLB (A), 1st Semester, under roll number 1282060, am highly grateful to my teachers Mr Puranjoy Ghosh and Ms Jinia Kundu for their untiring help and encouragement during the course of my project titled Tender Of Performance. I highly acknowledge, with deepest sense of gratitude and indebtedness, the coordination and support I received throughout the course of work. Thank You Parijat Mishra) Roll No. 1282060 Contents Sl. No| Topic| Page No. | 1| List of Abbreviations and Cases| 1| 2| Introduction| 2| 3| Significance of Tender Of Performance| 3| 4| Relevance in Indian Contract Law| 4| 5| Relevant Case Summaries| 5| 6| Conclusion| 6| 7| Bibliography| 7| List of Abbreviations and Cases No significant abbreviations have been used in this project. The list of cases referred in the project and some basic definitions are provided below. Cases referred (with citation) : * Startup v MacDonald (1843) 6 Mann amp; G 593 Planche v Colburn   [1831] EWHC KB J56 Kings Bench Division * Cutter v Powell [1795] EWHC KB J13 Definitions of some basic terms used (Extracted from the Indian Contract Act, 1872) : * Proposal :- When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. * Promise : When a person to whom the proposal is made, signifies his assent thereto, the proposal is said to be accepted. A proposal, when a accepted, becomes a promise Promisee and Promisor : The person making the proposal is called the promisor, and the person accepting the proposal is called promisee * Contract : An agreement enforceable by law is a contract Introduction The phrase Tender Of Performance can be defined as follows An offer or attempt to do what is required under a contract or under the law. However, to completely understand the meaning and scope of the term, we require some more data and analysis. Firstly, we need t o understand the meaning of the word tender.It can be defined as an offer to do or perform an act which the party offering, is bound to perform to the party to whom the offer is made. Performance refers to the fulfilment or accomplishment of a promise, contract, or other obligation according to its terms. From the definitions mentioned above we can clearly infer that tender of performance refers to being ready to perform a contract. Performance can be actual as well as attempted. If one party offers to perform his promise under the contract, it is called tender of performance.In this project, the importance/significance of tender of performance and its relevance in Indian Contract Law will be observed. Additionally, we will be looking at some important cases which helped establish the principles of the given topic. Significance of Tender of Performance In almost all laws relating to contract, a valid tender of performance is equivalent to actual performance. So, it should be necess ary to properly establish what can be considered as tender of performance. Essential Requisites of a Valid Tender : 1. Unconditional The tender should be unconditional, i. e. made in accordance with the terms of the contract. There should be no new or conflicting conditions present. 2. Whole Obligation An offer to perform the promise in part will not be considered a valid tender. Apart from some exceptions (If tender in instalments is allowed in the contract), there has to be the whole obligation for a valid tender. 3. Made At a Proper Time And Place If any fixed time and place is mentioned in the contract, then the tender of performance has to be made at that time. If nothing such is mentioned, then the tender of performance must be done at a reasonable and proper place and time. . Made To The Proper Promisee The tender has to be made to the proper promisee. Tender made to an authorised agent would be valid but tender made to a stranger would obviously be invalid. 5. Reasonabl e Opportunity It should be provided to the promisee to inspect the quality and quantity of the type of goods agreed upon and to satisfy himself that they are according to the terms of the contract. Two more essentials can also be considered : 6. Person Giving Tender Must be Willing to Perform The person giving the tender must be willing and capable to perform the whole of what he was bound by the contract to do. . Tender Of Money Tender of money should always be made in the legal tender money and not in any other form If these essentials are fulfilled then one can safely conclude that a tender of performance has been made. Once the promisor makes a valid tender of performance, it is then for the promisee to accept the performance. If the tender of performance is rejected by the other party, the promisor is not responsible for non-performance and is entitled to sue the promise for breach of the contract.Relevance In Indian Contract Law The Indian Contract Act, 1872, recognises te nder of performance and its important role in Contract Law. Section 38 mentions situations when tender of performance is not accepted by the promisee. It states 38. Effect of refusal to accept offer of performance Where a promisor has made an offer of performance to the promisee, and the offer has not been accepted, the promisor is not responsible for non-performance, nor does he thereby lose his rights under the contract.Every such offer must fulfill the following conditions (1) it must be unconditional; (2) it must be made at a proper time and place, and under such circumstances that the person to whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is been made is able and willing there and then to do the whole of what he is bound by his promise to do; (3) if the offer is an offer to deliver anything to the promisee, the promisee must have a reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound b y his promise to deliver.An offer to one of several joint promisees has the same legal consequences as an offer to all of them. Section 38 basically implies that the promisor has the right, after such situation occurs, to terminate the contract and claim damages. The promisor can also still demand performance instead of termination. However, many commentators have stated that the promisees refusal of money as opposed to goods and services does not discharge the debtor from its obligation to pay. It is observed from the facts that the position of Indian Contract Law regarding tender of erformance is very similar to that of European Law and International Law principles. Relevant Case Summaries Many significant cases around the world helped shape the principles of performance and tender of performance. Some of them are mentioned below. 1. Startup v MacDonald A contract stated that 10 tons of oil were to be delivered to the defendant within the last 14 days of March. The claimant del ivered the oil at 8. 30pm Saturday March 31st. The defendant refused to accept the delivery because of the lateness of the hour. Held:The claimant had tendered performance within the agreed contractual period and was thus entitled to damages for non acceptance. 2. Planche v Colburn The claimant agreed to write a book on costume and armour for the defendant as part of a series called the Juvenile Library. The agreed contract price was ? 100 to be payable on completion. The claimant commenced writing and had completed a great deal of it when the defendant cancelled the series. The defendant refused to pay the claimant despite his undertaking and the fact that the claimant was still willing to complete. The claimant brought an action to enforce payment.Held: The claimant was entitled to recover ? 50 because the defendant had prevented the performance. 3. Cutter v Powell The claimants husband agreed by contract to act as a second mate on the ship the Governor Parry on a return voyage to Jamaica. The voyage was to take eight weeks and he was to be paid on completion. A term in the contract stated: Ten days after the ship Governor Parry, myself master, arrives at Liverpool, I promise to pay to Mr. T. Cutter the sum of thirty guineas, provided he proceeds, continues and does his duty as second mate in the said ship from hence to the port of Liverpool.Kingston, July 31st, 1793. Six weeks into the voyage the claimants husband died. The claimant sought to claim a sum to represent the six weeks work undertaken. Held: The wifes action failed. Payment was on condition that he worked the ship to Liverpool, since he did not fulfil this condition the widow was entitled to nothing. Conclusion Compared to other similar concepts in Contract Law, tender of performance cannot be considered as a huge and/or complicated idea. It is a simple theory which is followed universally almost in the exact same manner.It is simply an offer to perform, which has to be unconditional, and if re jected, can lead to termination of a contract. Someone with a basic grasp of Contract Law and its function would easily be able to understand this concept. It is very important to consider tender of performance as something equivalent to performance. This has both legal and moral reasons. Legally, one has to look at a situation from all possible angles. So, the principles regarding offer to perform should exist along with normal performance.From a moral viewpoint, it is observed that there may be a lot of problems faced by the society if only full performance of obligations is considered. It may lead to chaos, and fewer contracts being formed, which would break down society bit by bit. This view may sound alarmist, but it is firmly placed in logic. Therefore, in conclusion, tender of performance is a short but important aspect that should be taken into consideration while framing rules for contract formation. Bibliography * Books Referred 1. Arun Kumar, Mercantile Law (Atlantic Publ ishers amp; Dist, 01-Jan-2002) 2.Purnakam Dash, Business Regulatory Framework (Pearson Education India, 2012, First Edition) 3. Lars Meyer, Non-Performance and Remedies under International Contract Law Principles and Indian Contract Law, Peter Lang, 07-Dec-2010 * Websites Referenced 1. Juridical Dictionary (http://www. juridicaldictionary. com/Tender_of_performance. htm), accessed on 30/09/2012 2. Legal Dictionary The Free Dictionary (http://legal-dictionary. thefreedictionary. com/tender), accessed on 30/09/2012 3. Government Of India Online Business Resource (http://business. gov. n/legal_aspects/contract_law. php), accessed on 01/10/2012 4. Case Summaries from E-Law Resources (http://www. e-lawresources. co. uk/Discharge-through-performance. php), accessed on 01/10/2012 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * [ 1 ]. Juridical Dictionary (http://www. juridicaldictionary. com/Tender_of_performance. htm ) [ 2 ]. Legal Dictionary The Free Dictionary (http://legal-dictionary. thefreedictionary. com/tender) [ 3 ].Arun Kumar, Mercantile Law (Atlantic Publishers Dist, 01-Jan-2002), Pg 142 [ 4 ]. Purnakam Dash, Business Regulatory Framework (Pearson Education India, 2012, First Edition), Pg 40 [ 5 ]. Government Of India Online Business Resource (http://business. gov. in/legal_aspects/contract_law. php) [ 6 ]. Lars Meyer, Non-Performance and Remedies under International Contract Law Principles and Indian Contract Law, Peter Lang, 07-Dec-2010, Pg 64 [ 7 ]. E-Law Resources (http://www. e-lawresources. co. uk/Discharge-through-performance. php) [ 8 ]. (1843) 6 Mann G 593