Barclays Bank v Quistclose - Free Essay Example

Sample details Pages: 11 Words: 3307 Downloads: 4 Date added: 2017/06/26 Category Finance Essay Type Cause and effect essay Level High school Tags: Act Essay Did you like this example? Barclays Bank v Quistclose [1970] AC567 Introduction The following essay will study the case of Barclays bank v Quistclose[1] (hereafter Quistclose). The case of Barclays Bank Ltd v Quistclose Investments Ltd explained certain legal matters that arise when a lender lends money to a business for a specific purpose, but the company becomes bankrupt before they are able to repay the loan. When the company goes into insolvency a trust is implied on the money on the basis that the money can only be used for the lender and not for the bankrupt person. Don’t waste time! Our writers will create an original "Barclays Bank v Quistclose" essay for you Create order The facts of the case cast a doubt over certain areas of trust law. Questions were raised enquiring about the nature and status of the trust. All judges do not have the same opinions on Quistclose trusts. It was viewed from a banking law perspective because of further cases. Moreover it enabled judges to giver fairer judgements in cases relating to insolvency.[2] The Quistclose trust only allows the borrower to use the loan money for a à ¢Ã¢â€š ¬Ã…“specific purposeà ¢Ã¢â€š ¬Ã‚ , the provision is known as a trust because the borrower retains the legal title in the money borrowed but the equitable interest remains with the lender[3]. Moreover Quistclose trusts have a significant resemblance to Romalpa clauses. Therefore case study will identify the purpose of Quistclose trusts and whom it may benefit. Also it will try to identify the validation of Quistclose trusts as there is a similar law in place already in the form of Romalpa clauses. Facts In July 1964 Quistclo se had lent money to Rolls Razor (hereafter RR) a company who were already in great financial difficulties at the time. To meet a dividend payment of  £209,000 to its shareholders they had to borrow the money, upon receiving the amount, RR instructed Barclays Bank to put the money into a separate account with the condition on the loan that the money should only be used to pay dividend payments. RR went into insolvency before they payment was made; furthermore they had exceeded their overdraft limit of  £250,000 with the bank. Barclays Bank argued that the money RR had borrowed from Quistclose should be used to pay off the overdraft. On the other hand Quistclose argued that the loan was held on trust for them as the money had not been used for the specific purpose set out in the condition. The House of Lords held that the money was held on trust for Quistclose as the loan which was granted had not been used to pay for the dividends; therefore Quistclose maintained the e quitable interest. The House of Lords ruled that the money cannot be used to pay of unsecured creditors, who in this case were Barclays Bank[4]. Toovey v Milne[5] The case of Toovey v Milne which dates back to the year 1819 had already addressed an issue concerning bankruptcy and this sort of trust.[6] In this case the bankrupt had borrowed  £120 from his brother in law to pay off creditors. However before he could repay all of his creditors he became bankrupt. He had paid of  £95 to some of his creditors. The defendant then sought to reclaim the remaining  £95. The counter argument was that the repayment could not be protected. The leading judge Abbott CJ rejected the claim stating à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦ The fair interference from the facts proved was that this money was advanced for a special purpose, and that being so clothed with a specific trust, no property in it passed to the assignee of the bankrupt. Then the purpose having failed, ther e is an implied stipulation, that the money shall be repaid. That has been done in the present case; and I am of the opinion that the repayment was lawful à ¢Ã¢â€š ¬Ã‚ ¦[7]à ¢Ã¢â€š ¬Ã‚  This case is very similar to the Quistclose as in both cases the key point was that the bankrupt companies had not carried out the specific purpose of the loans. Conversely in both cases there was no express stipulation that the bankrupt was to repay the money unless the specific purpose is carried out. However there becomes an implied condition when the specific purpose has not been carried out. Lord Wilberforce used this idea in his judgement for Quistclose; however this judgement has created confusion and criticism from lawyers. The division between the views of academics is notorious[8]. It is a certain area of law that splits opinion. Intention The first point of criticism to consider is the intention of the parties involved. In his speech Lord Wilberforce raised a point on the ma tter of intention: à ¢Ã¢â€š ¬Ã…“The mutual intention of the respondents and of Rolls Razor Ltd., and the essence of the bargain, was that the sum advanced should not become part of the assets of Rolls Razor Ltd., but should be used exclusively for payment of a particular class of its creditors, namely those entitled to the dividend.à ¢Ã¢â€š ¬Ã‚  Furthermore he stated that if for any reason the dividend could not be paid, then the money should be returned to the respondentsà ¢Ã¢â€š ¬Ã‚ [9] This quote highlights the importance of intention when analysing Quistclose trusts. This was reaffirmed in the case of Re Multi Guarantee[10][11] where it was held that the settler must have intention to create a trust. In this case no à ¢Ã¢â€š ¬Ã…“permanent intentionà ¢Ã¢â€š ¬Ã‚  had ever reached.[12] The case of Re Kayford[13]considered the problem of intention to create a trust[14]. It was held that the opening of a separate bank account for money deposited by customers w as enough to show there was intention. Lord Millet in his analysis also suggests that the difference between and traditional l loan structure and a trust structure must depend upon the parties intentionà ¢Ã¢â€š ¬Ã‚ [15] however Hudson disagrees with this point and believes à ¢Ã¢â€š ¬Ã…“due regard must be given to substance as well as formà ¢Ã¢â€š ¬Ã‚ , it argues at what point of time is the trust made. If the primary trust fails, then there is a time gap between primary and secondary, it asks where the beneficial interest lays at this point.[16]. In Quistclose there was no express intention between the parties, as to; if the specific purpose failed the money should be repaid back to Quistclose; this consequently questions where the parties intentions came from. Nature of the trust à ¢Ã¢â€š ¬Ã¢â‚¬Å" when is it a trust and not a bank contract The first criticism that arises in relation to Quistclose trusts is; whom is the trust created for. The argument from Barclays ban was that there was a loan contract between Quistclose and RR and that contracts for banks do not create a trust[17]. The case of Foley v Hill also states that once money is deposited into a bank, the bank becomes the owner of the money and you become a creditor[18]. Lord Wilberforce said there would be a trust where the contract contained a specific purpose for which the money should be used for, this was backed up by the previous case of Re Rogers.[19]This was the case in Quistclose so it is a trust. For who is a trust created for and what type of trust is created The next factor of uncertainty in Quistclose trusts is determining what nature of trust a Quistclose trust forms. Lord Wilberforce introduced the dual-trust structure in his statement. This structure suggests that initially a party other than the lender or borrower has the beneficial interest, but when the specific purpose of the trust is not carried out, the secondary trust comes into effect and the lender then holds the beneficial interest.[20] This two-tier criterion has created confusion and it has become hard to assess which trust has arisen. The first trust to analyse is express trust; this is created when it is clearly stated on a written document, it is created when the settler declares the specific purpose of the trust and who the beneficiaries of the trust are. Next are resulting trusts, resulting trusts are created by the court and in cases where they cannot be fulfilled; they revert back to the settler. Thirdly constructive trusts are created by the courts to benefit a party that has been wrongfully denied off its rights. In the case of Quistclose, the dual-trust structure was applied, initially there was a primary trust, and this was the loan that was paid to pay off the dividends. The next limb was the secondary trust; it had reverted back to its settler. There is a difference of opinion on the secondary trust that arises: Kelry loi in his journal states that à ¢Ã¢â €š ¬Ã…“If the contract unequivocally indicates an attempt to create a trust in substance, the arrangement may even be properly classified as an express trustà ¢Ã¢â€š ¬Ã‚ [21] This is important as unlike resulting trusts express trust requires the intention to find a positive beneficiary. This helps the lender avoid the parri passu rule which is translated as à ¢Ã¢â€š ¬Ã…“ranked equallyà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“have an equal footing.à ¢Ã¢â€š ¬Ã‚  This rules states when a business becomes insolvent all the creditors must be treated equally. However Quistclose gives creditors a higher form of security.[22] on the other hand, Robert chambers argues that Quistclose trusts are not trusts at all but rather the borrower receives beneficial ownership of the funds subject only to a contractual right from the lender that when enforced will prevent the loan being used for anything other than the specified purpose.[23] Then there is Jamie Glister who argues that before classifying the trust, an analysis has to be carried out on the agreement between the parties[24]. This emphasises the earlier point I had made on academics having a split opinion on this area of law. After the case of Quistclose, further cases arose that required the analysis of Quistclose trusts. In Re Northern Developments Holdings ltd[25]money was paid into a separate account for the express purpose of Providing money for the subsidiarys unsecured creditors over the ensuing weeks and for no other purpose. The banks object was to enable the subsidiary to continue tradingà ¢Ã¢â€š ¬Ã‚  Sir Robert Megarry V-C held that the primary trust was a purpose test and was enforceable[26]. Lord Millet agreed with the decision but not with the reasoning, he argued that usually under a Quistclose primary trust the beneficiary is the lender. But communications of the arrangement to the creditors from Northern Developments was a feature that made this case different from others; in hi s view. The next explanation of the nature of trusts is that Quistclose trusts could be seen as a constructive trust. This principle was stated in the case of Carreras Rothmans ltd v Freeman Mathews Treasure Ltd[27] Peter J Gibson stated: à ¢Ã¢â€š ¬Ã…“ equity fastens of the conscience of the person who receives from another property transferred for a specific purpose only and not therefore for the recipientà ¢Ã¢â€š ¬Ã¢â€ž ¢s own purposes.à ¢Ã¢â€š ¬Ã‚ [28] The word à ¢Ã¢â€š ¬Ã…“conscienceà ¢Ã¢â€š ¬Ã‚  instantly associates itself to a constructive test. However Hudson states that the some academic commentators may not give importance to the expression as the judgement was given immediately at the end of the trial, where as it is more usual to à ¢Ã¢â€š ¬Ã…“to retire to reflect on the judgement at the end of a complex trialà ¢Ã¢â€š ¬Ã‚  [29] Nevertheless Lord Brown-Wilkinson also considered the factor of a constructive trust in the case of Westdeutsche Landesbank v Islington LBC[30]. He stated that the courts will consider a trust to be constructive where the behaviour of the borrower is unconscionable. He believed that a resulting trust would be unfair and a constructive trust should be the way forward.[31] This view however contradicts with Quistclose, Quistclose is when a trust fails and does not depend on the unconscionable behaviour of the follower. Hudson also argues with this approach as it believes that it will give the impression that the trust is created on the unconscionable behaviour of the borrower.[32] The two different opinions show the previous explanation of a Quistclose trust by Peter Gibson J was unsuccessful. Lord Millet[33] however believed that Quistclose trusts are structured to be an à ¢Ã¢â€š ¬Ã…“illusory trustà ¢Ã¢â€š ¬Ã‚ .[34] In the case of Twinsectra v Yardley[35] the specific purpose was not carried out in full effect, [36]some of the money was used for other purposes. A Quistclose trust was fo rmed when it was settled that the money would be used for a à ¢Ã¢â€š ¬Ã…“specific purposeà ¢Ã¢â€š ¬Ã‚ . His lordship stated that a trust had been created after the failure of the primary trust. His lordship stated: à ¢Ã¢â€š ¬Ã…“Insofar as the transfer does not exhaust the entire beneficial interest, the resulting trust is a default trust which fills the gap and leaves no room for any part to be in suspense. An analysis of the Quistclose trust as a resulting trust for the transferor with a mandate to the transferee to apply the money for the stated purpose sits comfortably with Dr Chambers thesis, and it might be thought surprising that he does not adopt it.à ¢Ã¢â€š ¬Ã‚  This approach suggests resulting trusts arise when primary trusts fail. The courts will try to imply a trust when the primary trust fails. Michael Smolyanski stated that Quistclose applications need to be more narrow therefore interpreting them as constructive trusts[37][38]. Romalpa Clauses and Qu istclose trusts Although the two may not be identical, there is a remarkable resemblance between the two. Hudson explains that in common law they are so similar that the legal title is able to retain the rights in property[39]. But the key difference is that in Romalpa the absolute title remains, whereas in Quistclose it is the equitable title that remains. Beneficiary Principle The last point of consideration is the beneficiary principle. The purpose of the principle is that for a trust to be valid there must be a beneficiary in favour of the trust for the trust to be valid.[40] The case of Morice v Bishop of Durham[41] added that every trust must have a definite object. In Quistclose the shareholders were the initial beneficiaries but as the specific purpose had failed, the sum was returned to the lenders as a resulting trust. This demonstrates the fact that the Quistclose trust has not followed the ruling of the beneficiary principle. This raises a question on the validi ty of the Quistclose trust. Conclusion It can be concluded that Quistclose provide a particular form of security for lenders and put borrowers to a slight disadvantage in a commercial setting. It is extremely hard to describe the exact nature of the Quistclose trust. However the scope of Quistclose trust has been tested, as the law has been consistently looked for developments to try and identify a reasonable definition of the trust. It could be suggested that the law needs a reform though as it only acts when the specific purpose is not carried out. Also the aspect of intention needs to be given more importance, this has not been the case in the past. Bibliography Cases Aluminium Industrie Vassen BV v Romalpa Aluminium Ltd (1976) 1 WLR 676 Barclays Bank v Quistclose (1970) AC 567 Carreras Rothmans Ltd v Freeman Matthews Treasure Ltd [1985] Ch 207, 223 Morice v. Bishop of Durham (1804) 9 Ves. 399 Re Denleyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Trust Deed[1969] 1 Ch 373 Re Multi Guarantee Co[1987] BCLC 257 Re Northern Developments Holdings Ltd(unreported) 6 October 1978 Re Kayford [1975] 1 WLR 279 Toovey v Milne (1819) 2.B. Ald. 683. Twinsectra v Yardley[2002] 2 AC 164 Westdeutsche Landesbank Girpcentrale v Islington Borough Council[1996] AC 669 Journals * Glister, J. A. à ¢Ã¢â€š ¬Ã‹Å"the nature of Quistclose trusts: classification and reconciliation.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Cambridge law journal. (2004) 63 (3). pp. 632-655. * Smolyansky M, à ¢Ã¢â€š ¬Ã‹Å"Reining in the Quistclose Trust: a Response to Twinsectra v Yardleyà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2010) 16(7) Trusts Trustees 558à ¢Ã¢â€š ¬Ã¢â‚¬Å"568 * Millett P, à ¢Ã¢â€š ¬Ã‹Å"the Quistclose Trust: Who Can Enforce It?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (1985) 101 LQR 269 * Chambers R, Resulting Trusts (Oxford 1997), ch. 3. * Parmer D, The uncertainty surrounding the Quistclose trust: Part 1. Int. C.R. 2012, 9(2), 137-144. * Thomas G, Hudson AS. The Law of Trusts.Oxford University Press (Oxford) (2004) Books https://www.ucl.ac.uk/laws/commercial/docs/ICR_Uncertainty_Quistclose1.pdf J. .Duddington, Law Express; Equity and Trust,(3rd EDN OUP) Websites https://www.trustees.org.uk/review-index/Trustees-Twinsectra-v-Yardley.php https://definitions.uslegal.com/i/illusory-trust https://pntodd.users.netlink.co.uk/cases/cases_w/westd_bw.htm https://www.investopedia.com/terms/p/pari-passu.asp ttp://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd020321/yardle-3.htm https://dro.dur.ac.uk/3232/1/3232.pdf https://www.austlii.edu.au/au/journals/MonashULawRw/1992/7.pdf 1 [1] [1970] AC 567 accessed on 06/01/2013 02:33 pm [2] https://dro.dur.ac.uk/3232/1/3232.pdf accessed on 06/01/2013 02:40 pm [3] https://www.alastairhudson.com/trustslaw/LLM-AdvEquityTrusts-CourseDocs.pdf page 47 accessed on 06/01/2013 02:43 pm [4] https://www.ucl.ac.uk/laws/commercial/docs/ICR_Uncertainty_Quistclose1.pdf page 137 accessed on 10/01/2013 05:03 pm [5] (1819) 2.B. Ald. 683 accessed on 10/01/2013 05:37 pm [6] https://www.ucl.ac.uk/laws/commercial/docs/ICR_Uncertainty_Quistclose1.pdf accessed on 10/01/2013 05:41 pm [7] https://books.google.co.uk/books?id=8vPVZ2lQGLwCpg=PA25lpg=PA25dq=toovey+v+milnesource=blots=iqiBWBQWqQsig=iJQtu2geT148RdfyJcKf4VfVpOshl=ensa=Xei=5jXpUpunMJKFhQeMjoDQDQsqi=2ved=0CF0Q6AEwBA#v=onepageq=toovey%20v%20milnef=false accessed on 10/01/2013 05:50 pm [8] https://onlinelibrary.wiley.com/doi/10.1111/j.1468-2230.1980.tb01605.x/pdf accessed on 10/01/2013 06:28 pm [9] https://www.alastairhudson.com/trustslaw/Quistclose analysi ng the key decisions closely.pdf accessed on 17/01/2013 11:02 am [10] https://www.ucl.ac.uk/laws/commercial/docs/ICR_Uncertainty_Quistclose1.pdf accessed on 17/01/201311:43 am [11] [1987] BCLC 257 accessed on 17/01/201312:01 pm [12] https://pntodd.users.netlink.co.uk/cases/cases_m/multi_g.html accessed on 17/01/2013 12:23 pm [13] [1975] 1 WLR 279 accessed on 17/01/2013 12: 39 pm [14] https://www.studentlawnotes.com/re-kayford-ltd-1975-1-wlr-279 accessed on 17/01/2013 02:08 pm [15] https://etheses.dur.ac.uk/4092/1/4092_1611.pdf?UkUDh:CyT accessed on 17/01/2013 02:58 pm [16] Alastair Hudson, Equity and Trusts (7th edn, Routledge-Cavendish Publishing 2012) accessed on 17/01/2013 03:15 pm [17] Alastair Hudson, The Law of Finance (Sweet Maxwell, 2009), para 30-04 accessed on 21/01/2013 07:18 pm [18] Foley v. Hill, (1848) 2 HLC 28, 9 ER 1002 accessed on 21/01/2013 07:26 pm [19] (1891) 8 Morr. 243 accessed on 21/01/2013 07:45 pm [20] https://www.austlii. edu.au/au/journals/MonashULawRw/1992/7.pdf accessed on 23/01/2013 11:04 am [21] https://hub.hku.hk/bitstream/10722/58898/3/content.pdf?accept=1 page 56 accessed on 23/01/2013 11:11 am [22] https://www.investopedia.com/terms/p/pari-passu.asp accessed on 25/01/201310:38 pm [23] https://ojls.oxfordjournals.org/content/21/2/267.abstract accessed on 25/01/2013 10: 45 pm [24] Glister, J. A. (2004) à ¢Ã¢â€š ¬Ã¢â€ž ¢The nature of Quistclose trusts: classification and reconciliation.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Cambridge law journal. 63 (3). pp. 632-655 accessed on 25/01/2013 10:59 pm [25] (Unreported)à ¢Ã¢â€š ¬Ã‚  accessed on 25/01/201311:22 pm [26] https://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd020321/yardle-3.htm accessed on 25/01/2013 11:28 pm [27] [1985] 1 All ER 25/01/2013 11:50 pm [28] https://www.ucl.ac.uk/laws/commercial/docs/ICR_Uncertainty_Quistclose1.pdf accessed on 25/01/2013 12:20 am [29]https://www.ucl.ac.uk/laws/commercial/docs/ICR_Uncertai nty_Quistclose1.pdf accessed on 25/01/2013 12:20 am [30] [1996] AC 669 accessed on 25/01/2013 12:20 am [31] https://pntodd.users.netlink.co.uk/cases/cases_w/westd_bw.htm accessed on 25/01/2013 12:35am [32] https://www.alastairhudson.com/trustslaw/Quistclose.pdf accessed on 25/01/2013 12:35 am [33] P. Millett, à ¢Ã¢â€š ¬Ã‹Å"The Quistclose Trust: Who Can Enforce It?à ¢Ã¢â€š ¬Ã¢â€ž ¢, (1985) 101 LQR 269. accessed on 25/01/2013 12:41 am [34] https://definitions.uslegal.com/i/illusory-trust/ accessed on 25/01/2013 12:50 am [35] [2002] UKHL 12 accessed on 25/01/201312:59 am [36] https://www.trustees.org.uk/review-index/Trustees-Twinsectra-v-Yardley.php accessed on25/01/2013 01:17 am [37] https://tandt.oxfordjournals.org/content/16/7/558.abstract accessed on 25/01/2013 01:25 am [38] Michael Smolyansky, à ¢Ã¢â€š ¬Ã‹Å"Reining in the Quistclose Trust: a Response to Twinsectra v Yardleyà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2010) 16(7) Trusts Trustees 558à ¢Ã¢â€š ¬Ã¢â‚¬Å"568 accessed on 29/01/2013 05:50 pm [39] https://www.alastairhudson.com/trustslaw/Quistclose.pdf accessed on 29/01/2013 5:50pm [40] J.Duddington, Law Express; Equity and Trust,(3rd EDN OUP) accessed on 30/01/2013 06:29 pm [41] [1805] 9VES.399 accessed on 30/01/2013 07:00 pm

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What would you do if your family lost everything that they ever owned? This question seems impossible, yet so many families during the depression were forced to come up with an answer. Many families went west because they were promised job opportunities and fair wages. However, when the families made it to the west they found that there was a limited number of jobs and they had come too late. John Steinbeck takes readers back to this depression era in his novel The Grapes of Wrath. This novel was so powerful that it was eventually made into a movie. The Movie starts with Tommy Joad, who has just been paroled for the state penitentiary in Oklahoma, getting a ride back to his family’s farm. Once he gets there he finds out that his family was forced off of their land and they have decided to go west. He finds them at his uncle’s house the day before they plan to start their journey. His grandparents don’t want to leave because even thought it belonged to the govern ment, they feel that the land they farmed is theirs. Once they are on the road they feel optimistic about the future until Grandpa Dies because leaving Oklahoma was more than he could take. After this they receive their first bad news about going west. At one camp they stay at they find out that there are more hand bills sent out than jobs and this scares them a lot because they have gone too far to turn back. They make it to California, but Grandma dies on the way there. Once they are there they find a camp run byShow MoreRelated The Grapes of Wrath - Beauty in the Midst of Hopelessness Essay1827 Words   |  8 PagesThe Grapes of Wrath: Beauty in the Midst of Hopelessness    The Grapes of Wrath portrays life at its darkest.   It is the story of migrant workers and the hardships and heartbreaks that they experience as they are driven from their land - the land that   they have lived on for generations - so the banks can make a profit.   Ã‚  Ã‚  Ã‚   Sure, cried the tenant men, but its our land.   We measured it and broke it up.   We were born on it, and we got killed on it, died on it.   Thats what makes it oursRead More The American Dream in the Works of John Steinbeck and Hunter S. Thompson1314 Words   |  6 PagesTwo writers who come quickly to my mind whenever I hear or see images of American patriotism are John Steinbeck and Hunter S. Thompson. As different as these two men are, their writing is similar in that the American Dream constantly fails their characters. Both seek to define America and the American Dream, however, it remains seemingly elusive, and both writers fail to find it. I choose Steinbeck and Thompson because, to me, their writing styles are the same. They have the same lust for languageRead More John Steinbeck Essay1174 Words   |  5 PagesJohn Steinbeck A novelist is someone who writes novels, or writes a fancy work of fiction which often has a complicated plot, many major and minor characters, a significant theme, and several varied settings. A novelist will use literary devices such as characterization, tone, symbolism, imagery, and figurative language. John Steinbeck, an American novelist, uses many literary devices such as metaphors, similes, imagery, and figurative language along with excellent descriptive words to developRead MoreThe Grapes Of Wrath By John Steinbeck2119 Words   |  9 Pages The Grapes of Wrath by John Steinbeck is a novel set during the mid-1930s drought and the fall of the American stock market. It depicts the plight of migrant workers throughout this time period, and follows the life of the protagonist, recently-released Oklahoma state convict, Tom Joad. He met up with former preacher Jim Casy, who renounced his ministerial calling due to his newfound belief that all life is holy, even the aspects that were categorized by others as sinful. After serving four yearsRead MoreEssay on Grapes Of Wrath2532 Words   |  11 Pages The Grapes of Wrath nbsp;nbsp;nbsp;nbsp;nbsp;John Steinbeck wrote The Grapes of Wrath, a remarkable novel that greatly embodied the entire uprisal of the Great Depression and the Dust Bowl in the 1930’s. The usage of imagery and symbolism help to support his many different themes running through the course of the novel. His use of language assisted in personifying the many trials and tribulations which the Joad family, and the rest of the United States, was feeling at the time. This wasRead MoreArt Allows Me to Leave Reality Essay599 Words   |  3 PagesGood art allows me to flee the realms of reality. In my minds limitless consciousness, I can escape the mundanity of everyday life. It opens a door in my head to a world only limited by my imagination. I am no more a slave to gravity, chained down on the earth when I am reading. I can be a bird and soar high above the clouds, or be a fish and swim deep down in the darkest depths of the ocean. I am there, I am that person, and everything else aro und me regardless of what it is, fades away. SometimesRead MoreFacilitating Learning and Assessment in Practice3273 Words   |  14 Pagessecrets that will be revealed within their pages, the additions to my vocabulary I will collect as souvenirs, and the new avenues that will be excavated in the realm of my mind. Beginning as early as I can remember, books were read to me by my mother, my father and my sisters. The thrill of an outing to the public library while growing up in rural Wisconsin was every bit as exciting as a trip to the carnival or the circus because, as my earliest discoveries conveyed, books could take me any place. IRead MoreJohn Steinbeck s Of Mice And Men1905 Words   |  8 Pagesquotation marks around direct quotations and to cite your sources! About the life and work of John Steinbeck He was born in 1902 and died in 1966. He won the Nobel Prize in literature and the Pulitzer Prize in fiction. His most famous works are of mice and men, the grapes of wrath and East of Eden. Many of his works explored the lives of working class Americans in California where he was born and raised. Steinbeck also worked as a war correspondent during WW2 in Europe. -biography.com About California

The Rate Of Divorce Has Changed - 1451 Words

1. Families have changed mostly in durability and types of marriages as well as some equality changes. The amount of successful marriages has decline since 1960, the rate of divorce has gone up even though it has declined some since 1975. (Macionis, 2013, pg.351) More types of marriages are allowed now in most places, such as interracial marriages and same sex marriages. Economic standings has caused it to be necessary in most families for both parties to work to support their families, which leads for a less structured home life for children in a lot of cases. There are also alternative types of families such as one-parent families or cohabitation families. Though most people get married many do not stay married in 1950 one house in ten had a single person, now 28% of them have a single person. (Macionis, 2013, pg. 354) Also where as men seemed to be primarily dominant and had little to do with child rearing in the past things now with both parents working seem to be more equal in more of the households. In addition, there are an increasing number of men who choose to be a stay at home dad while mom works. I do not know if I would go so far to say I think traditional families should stay the same, I do not think it would work anymore and I am not sure I would want it to. I do think it would be better for people to take marriages more seriously. I don’t agree with making vows in front of our family, friends and for some of us God and then when things get a little hardShow MoreRelatedThe Issue Of Divorce Over The Years903 Words   |  4 PagesDefinitional Argument Essay According to the CDC and the Census Bureau, a lot more of marriages have been ending in divorce over the years. Why have the rates for divorce changed so much throughout the years? Over the years, everything from hairstyles to phones has changed, including marriage. Marriage is the legally recognized union of a man and a woman as partners in a personal relationship and should be one of the biggest decisions in someone’s life. Although nowadays, it seems as ifRead MoreReasons Why Japanese Women Have Changed Their Mind978 Words   |  4 PagesJapanese life. The trend towards late marriage and the number of unmarried people have increased year by year. There are mainly two reasons why Japanese women have changed their mind. It is said that this situation in Japanese society is related to the social and economic factors deeply. Also, I will write about the latest trend towards divorce and a decreasing number of children because they are related to the marriage. The first point is a diversity of people’s sense of values. It was consideredRead MoreThe First Wave Of Feminism1230 Words   |  5 PagesThis may seem conflicting with the whole baby boom phenomenon, and although the boom of children born after World War II did occur, the divorces still occurred after the rush of a rash marriage had passed and women’s husbands had returned from war alive. An important component of the historical timeline is the change in the role of women in society. Women had experienced change during the first wave of feminism and gained suffrage, but during the second wave feminism women experienced a change thatRead MoreHigh Divorce Rates1163 Words   |  5 PagesWhy is the Divorce Rate So High? Intro to Sociology April 25, 2006 A question that has been plaguing sociologists for years is the issue of high divorce rates. Since the 80s there has been an extremely high rate of divorce in our country. In statistics I found from 2004 the percentage of divorce was at 47(NCHS). This question has been studied vigorously, sociologist have looked in every direction for one solid reason that our divorce rate is so high, even compared to other developed countriesRead MoreEvolution of the Typical American Family Essay1388 Words   |  6 PagesAmerican family has come a long way and has changed a lot overtime. Liberals and conservatives have their own views on the American family today. It is very tough to raise a family nowadays. However, there are some easier ways to raise a family today as well. Some of the things that I will talk about are divorce and its effects, welfare, abusiveness on children and wives, and a couple of articles in the book, Families in the U.S. One tough thing about todays American family is divorce. In 1816Read MoreEssay on Diversity in Types of British Families595 Words   |  3 Pagesin Types of British Families Britain has changed in many ways in recent years, not just by advancing in technology but in social ways too. One of these ways is the diversity in types of families. Fifty years ago, in would be extremely unusual to have a divorced family, a un cohabiting couple with children or lone parent families. Nowadays, Britain has the highest divorce rate in Europe and 40 percent of marriages end in divorce. There are a few reasons for this andRead MoreTraditional Marriage Has Changed Over The Centuries1166 Words   |  5 Pagesmarriage recognized in a given country or religious group. Traditional marriage has been in jeopardy since the traditional concept of marriage has changed over the centuries. One reason why traditional marriage is in jeopardy is because same-sex marriage has increased, especially because it’s legal in the USA. Another reason traditional marriage is in jeopardy is the acceptance of high divorce rate. Traditional marriage has become irrelevant in today’s society where many couples remain together withoutRead MoreHigh Divorce Rates1469 Words   |  6 PagesFamily Institution (High Divorce Rates) Have you ever been to a traditional wedding? They are the most beautiful breath taking experience that you have ever seen; many symbols like the exchange of rings, uniting candle, flowers, bride’s maids and best man, and the bride in a beautiful white dress. Also weddings are a lot of fun too. They are the start of a family institution. On the flip side they are expensive and stressful for the couple at hand and the odds of staying together are onlyRead MoreHow Divorce Has Changed Changing Society1491 Words   |  6 Pagescorrelation, causation, and effect. One topic that has benefited from the use of statistics to measure its effects is divorce. Divorce is defined as the legal process of dissolving a marriage, thus separating two individuals (Merriam). From generation to generation, divorce has been on a steady increase. The annual rate of divorce more than doubled between the mid-1960s and the early 1980s (Croteau). As of recent, statistics show an increase in divorce r ates from less than 20% to nearly 50% since 1960 (Croteau)Read MoreThe Effect of Law Changes on the Growth of Divorce Rate Essay731 Words   |  3 PagesEffect of Law Changes on the Growth of Divorce Rate Divorce is the legal termination of a marriage. There is no doubt that divorce is much more common, becoming a norm almost. If present trends continue, it is estimated that 1 in 3 marriages will end in divorce, but is it the alteration in the legal grounds that is causing this trend? In this essay I will look at the other aspects that could be the foundation for the growth of divorce and state which I think is the most

Arranged Marriages Forced Free Essays

Arranged Marriages Forced Although the modern social norms of western cultures expect marriage to be based on love and a strong bond between two people, this is not the basis for marriage in all cultures or societies. Although the greater parts of arranged marriages aren’t intended to be forced, the couples are given the chance to oppose their chosen partners if they don’t feel that the marriage would be a success. In other cases, the couples have no choice; it’s a sign of disrespect to refuse. We will write a custom essay sample on Arranged Marriages Forced or any similar topic only for you Order Now Many people have a major misunderstanding of the arranged marriage. Many cultures world-wide have believed in the tradition of arranged marriages for many Centuries and some still practice it today. The best way to understand the reasoning behind such cultures is to put aside your own beliefs, opinions, and preconceived ideas in order to see more clearly before dismissing it has wrong. One of the most difficult changes to make in a marriage is the acceptance of your partners’ beliefs and or values compared to what you believe. And yet, in arranged marriages it’s assumed that the couple is perfectly matched, as the families of their son or daughter will choose prospective partners from the same culture, religion, and social class. The similar back ground can ease the process of good communication as well as reduce conflict in any and all decisions such as how the children should be raised. In many cultures the spouse will sometimes live with or in the same neighborhood of their partners’ family. In difficult times, this could mean that they have a strong social network on hand to provide support. In other cases, the interference from the family members or other people within the neighborhood may seem like they are interfering. On the other hand, when there are problems that need solved, having a person nearby to act as a mediator or counselor is beneficial. Contrary to the â€Å"old â€Å" arranged marriage, in which children are forbidden from choosing their own partners, the modern arranged marriage is not about being forced into federation. It’s about relying on their match making mastery of Mom and Dad (Holly McKay 2007). One of major criticism made of arranged marriages is that love takes a back seat and that the emphasis is rather a social standing and cultural back ground. These cultures tend to value the social and economic possibility of the marriage over the strength of emotion between the couple. It’s important to understand both the distinctions between arranged and forced marriage and the fact that they sometimes overlap. While arranged marriages have brought happiness and stability to couples and communities, forced marriages are by nature exploitative and unequal (Amanda Kloer, 2009). They key factor present in an arranged marriage is the consent of both people getting married to be matched and married through a third party arrangement. (Amanda Kloer, 2009) Forced marriages are arranged, but without the consent of both parties –specifically, usually without the woman’s consent (Amanda Kloer, 2009). It is often easy to dismiss concepts that we are not familiar with or that we do not understand, yet, by taking an open-minded approach, it’s usually apparent that any marriage contains just as many advantages as disadvantages ? Reference list McKay, Holly (June 29, 2009) Because mom said so: Are Arranged Marriages the next big Trend? http://foxnews. com/0,3566,287211,00. html retrieved April 11, 2010. Kloer, Amanda (September 8, 2009) Arranged Marriage vs. Forced Marriage. http://humantrafficking. change. org/blog/view/arranged_marriage_vs_forced_marriage Retrieved April 11, 2010. How to cite Arranged Marriages Forced, Papers

In Song for a Dark Girl, African

In Song for a Dark Girl, African-American poet L Essay In Song for a Dark Girl, African-American poet Langston Hughes (1902-1967) employs allusions to bring into the poem external contexts that contribute to its theme and tone. The primary allusion is repeated at the beginning of each stanza: Way Down South in Dixie (1, 5, 9). The phrase refers to the refrain of the famous mid-nineteenth-century song Dixie that celebrates the glory of the American South. Ironically, it was often sung in minstrel shows by white musicians performing in blackface, a popular theatrical convention of the day that patronized and demeaned African Americans. The repeated allusions to Dixie incorporated into the content of the poem make Song for a Dark Girl enormously ironic. The word song carries ironic force, as well. Songs often suggest joy or celebration, but this song proves to be extraordinarily tragic. Hughes could have established this immediately by choosing a different title, such as Lament for a Dark Girl, but instead he catches us by surprise, not only by using the title he does employ but also by beginning the poem with the first line he chooses. The opening line suggests a nostalgic evocation of the attractive Southland. It is not until we read line 2 that we begin to realize this will be a very sad song indeed. The fact that the speaker in Hughess poem is a girl is important. The word girl suggests she is relatively young and innocent, which makes the brutal murder of the young man she loves seem all the more unbearable. If the poem were titled Song for a Dark Woman, the effect perhaps would be less poignant, since the speaker would be older and presumably more experienced in coping with loss. It is largely the contrast between the vulnerable innocence of the girl and the wicked power of the lynch mob that makes the poem so striking. The diction (choice of words) in the poem is simple and directdiction that seems entirely appropriate for the young, unsophisticated speaker, but the artistry of the poem is often subtle. Notice, for instance, the structure of line 2: (Break the heart of me). The syntax (order of words) is unusual; the more conventional expression would be They broke my heart. Through the unusual syntax, Hughes emphasizes both the crucial verb and the crucial pronoun, which are stressed by their respective positions at the beginning and the end of the line. The girls suffering occurs in the present (Break), rather than in the past (broke), and the unconventional syntax of the line suggests that the depth of her torment exceeds a conventional expression of it. Only in lines 3 and 4 do we discover the cause of the dark girls pain: The man she loves has been lynched on a cross roads tree. This phrase refers literally to a tree located at a public intersection where roads cross. For his murder to have occurred in such a public place implies that the lynch mob is utterly shameless: No attempt was made to hide the crime by hanging the victim in an obscure location. Instead, the poem suggests, the mob wanted the body to be seen by as many people as possible. The lynching, apparently, was intended not only to punish the victim for some unspecified reason but also to warn anyone else, especially anyone of color, who might somehow offend the mob.