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Skateboarding Not Just A Hobby, A Lifestyle

Skateboarding is a powerful sport, however it is not a crime. All too often skateboarders are looked at as 'punks' and 'vandals.' Skateboarding has been around since the early 150's and has thrived throughout the strenuous ups and downs of the mainstream industry. It's popularity rose with surfers due to the fact that it was something they could do when the conditions in the water weren't good enough or too rough. Makaha had made sales of $4,000,000 within two years.

Boards originated from the idea of a scooter with metal roller skate wheels and a handle attached. In the 50's boards came in various shapes and sizes because many kids were designing their own. By the early 60's skateboarding had risen in surf culture so much that magazine had begun to be printed. Their were also major tours across the United States of teams of skateboarders due to the towering heights of skateboarding popularity. The skaters had taken this 'hobby' to a new level as they began to explore empty pools. This was a revolution in the sport and truly elevated the technical end of skating.

A story that's been passed on refers to a group of skaters who searched out whole neighborhoods for empty pools due to the drought. They found a beautiful pool at the residence of a fire chief. Somehow, they got a hold of his work schedule and skated his pool everyday that he worked until they got caught. Pool riding was an intense element that continued from the seventies until the late eighties. After the magazines and tours and fifty million skateboards being sold, skateboarding died. The cause of death, "The first skateboarding crash was due to inferior product, [which floods today's market] too much inventory and a public upset by reckless riding." The reason it happened was a little bit of daredevilism riding down public streets and a little bit of slack while producing the merchandise.

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Skateboarding outdid itself and "Cities started to ban skateboards in response to health and safety concerns, and after a few fatal accidents, skateboarding was officially drummed out of existence." This was the cause of the major loss of interest. Society seemed to put up a wall of zero-tolerance towards skateboarding, especially in California, the heart of it all. It was considered a to be too much of a hazard and "The California Medical Association called skateboards 'a new medical menace.' Worse still, police chiefs were telling stores not to carry skateboards in the interest of public safety." Without stores purchasing skateboards from the skateboard companies, the industry cracked. More poor quality products were produced and skateboarding's future looked grim. Conflict with society grew as "...it was at this time that police chiefs started calling for the prohibition of skateboards. Most of the public felt skaters were a nuisance and cities began banning skateboards." With society fronting skateboarders, the availability of a spot to skate became scarce and a quite a difficult problem. The problem facing skateboarders, "...interference of cops and angry drivers, pedestrians and property owners has been a recurring theme in the history of skateboarding." Many people regard skaters as degenerates and the cause is that "The sport attracts a lot of dysfunctional kids. They come in with something missing and are easier to exploit. What's direly missing in the industry,' Peralta said, 'is guidance from the manufactures." This leads to the further decline of skateboarding and interests in skateboarding and the culture that had swept over the nation in a matter of just under three years. Skateboarding's rebirth occurred around 1 with the offspring of the "baby boomers" hitting the defiant teenage years. In 15, skateboarding's mainstream coverage became updated with the ESPN X-Games. Once again the cycle of skateboarding had begun again including the clash between the skaters and the society in which they live. Terms such as 'degenerate' and 'punk drop-out' resurfaced, and it was said, "For as long as I can tell, skateboarding has been a crime. The only people that have boards as [sic] 'delinquents' and 'punks' and 'drop-outs.'" Police officers who are always right there 'to protect and serve,' sure do protect our handrails and curbs, "They are getting out of control with all these [sic] skateboarding prevention stuff. They should worry about bigger stuff like killings, rapes, gangs, and so on." It's probably a good thing that our handrails and curbs and other public items such as benches and flower planters aren't getting scuffed up at night by these freaks. We wouldn't want to have to go down to the level of considering this an art form now would we? Skateboarding is here to stay and "Once this [skateboarding] is accepted and once it's embraced by the mainstream, skaterphobics will be forced to relax their anti-skater rhetoric, back off, and let skaters do their thing." A major problem seems to be that it isn't a team sport and isn't supported by schools or leagues. A mother wrote in to her children's school and an exert taken from her letter, "I wonder if it is due in large part to the fact that skateboarding is an 'ALTERNATIVE' sport; not a 'MAINSTREAM' activity (or, at least right now.) It is, in fact, an activity that takes much coordination, practice and skill and is very detailed." This backing of society and parents is needed to help skateboarding strive and survive in this culture that we are currently living. Another adult stated, "Skateboarding is great fun. It teaches balance, coordination, muscle control, depth perception and rewards the learner for persistence and effort...I can't condemn any activity that teaches and affirms a youngster's need to grow and test his/her capabilities. Where would any of us be if we didn't reach that little bit farther, try just a little bit harder?" Skateboarding is truly a diversified culture, "It's [skateboarding] a sport that accepts anyone willing to try it. It doesn't discriminate against race, religion, or sexual orientation." "Skateboarding is many things to many individuals...Skateboarding is the positive release of undirected explosive youthful energy...Skateboarding is a unique kind of madness. It's a combination of balance, technique, power, knowledge, love, hate, respect, and fear," so many things that can't be summed up in a single sentence. Above all else, skateboarding is an art form. It truly creates an element of life worth living for. The world to a skater becomes his canvas, and his board is his paintbrush and he is the painter. As long as Scarface's statement, "The world is yours" stands true, then the skater is given the right to paint whatever picture he feels whenever he feels like painting. Skateboarding is the voice of the mute, in the form of a harsh scream, because even though mute people have no way of speaking, skateboarding in itself cannot speak but it is revealed by it's participants, and it's participants reveal skateboarding to themselves, "Skateboarding is a wild, untamed thing- like the spirit of it's riders. People invent skateboarding daily...That's the beauty of the sport, especially at this time in it's history." The feel of an autumn breeze in the face of a skateboarder exemplifies freedom and freshness of life. While all around him/her society and mother nature are resting and preparing for winter, he is still out redefining himself and his style, and finding new character in himself. Powell said it well, "Skateboarding is hard to describe. It's not an ordinary sport. There are no rules, no teams, no competition. Skating is a way of testing your skill and courage." Skateboarding is totally personal and wonderful in that respect. As a football team, all wear the same jerseys, helmets and colors, they truly define themselves with a simple difference of a number. How well can a person be described with a number? Skateboarding allows it's participants to wear what feels comfortable to them and fits their style. Tony Hawk, regarded as the greatest vert skater of all time in skateboarding expresses his feelings about the sport by saying, "Skateboarding to me means freedom, an outlet for any sort of stress and responsibilities. It's my way of expressing myself." The art and intensity of skateboarding overall is benevolent, "Some curbs are blackened, and rounded off, but the flipside of this damage is that I'm able to put tremendous amounts of time and energy into an art form that people are passionate enough about to risk a criminal record." Skateboarding's participants know the possible risks of self-damage and misfortune with the law, "How noble of a sport is skateboarding whose participants knowingly break the law in order to do it?" Bibliography Works Cited Andris Legalize Skateboarding 1 Mar., 1. . Brooke, Michael. The Concrete Wave. Toronto Warwick Publishing Inc. 1. "Bug Your Congressman!" Ska Punk Skate 5, Oct. 000. . Cassorla, Albert. The Ultimate Skateboard Book. Running Press, 188. Hamre, Bonnie. Skateboarding Is Not A Crime. 18, Sept. 000. . "Hell On Wheels." Bay Guardian Article Hell On Wheels. May, 14. . Powell, Ben. Extreme Sports Skateboarding. New York 17. Rau, Michelle (Shelly) To Whom It May Concern. , Apr. 1. . "Skateboarding Is A Good Thing" 8, Sept. 000. . "Skateboarding Is Not A Crime" 18, Sept 000. . Word Count 14

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If you order your custom term paper from our custom writing service you will receive a perfectly written assignment on Is Technology a Contributing Factor in the US?. What we need from you is to provide us with your detailed paper instructions for our experienced writers to follow all of your specific writing requirements. Specify your order details, state the exact number of pages required and our custom writing professionals will deliver the best quality Is Technology a Contributing Factor in the US? paper right on time.

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September 4, 00

Is Technology a Contributing Factor to Obesity in the U.S.?

As the United States has evolved over time, society has become more and more dependent on technology, and at the same time Americans have become more and more overweight. Obesity affects an estimated 61% of Americans and is associated with approximately 00,000 deaths each year (U.S department of Health and Human Services). Is it just a coincidence that with the increase in technology we have also seen a dramatic increase in overweight and obese Americans?

Obesity can be defined in many different ways and according to the International Obesity Task Force ,"obesity is an excessively high amount of body fat or adipose tissue in relation to lean body mass". In other words people that are obese have a percentage of body fat that is too high in relation to their height and weight. One method used to determine obesity is the BMI test, or Body Mass Index test. The BMI test is a calculation based on comparing a persons' weight to their body height (Schools should report on obesity'). This calculation is useful because it applies to males and females; however one drawback is that it is not able to take into consideration muscle mass which weighs more than fat tissue. Obesity affects all ages, races, and genders, however some individuals are more susceptible to becoming overweight then others (Obesity Trends). There are many factors that can cause one to become overweight or obese, such as genetics, metabolism, environment, behavior, culture, and socioeconomic status (U.S. Department of Health and Human services).

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Obesity is a chronic disease that predisposes individuals to numerous medical conditions (U.S Department of Health and Human Services). The medical conditions associated with obesity vary in severity and can be both physical and emotional. Some of the physical problems associated with being overweight or obese are high blood pressure, high cholesterol, diabetes, asthma, arthritis, heartburn, and heart disease. Obesity can also cause depression; it can lead to eating disorders, and can cause many social problems (International Obesity Task Force). According to the Lahey Obesity clinic, "obesity can limit individuals from participating in social activities because obese individuals are less inclined to play sports, go to the movies, travel, or go out to eat". Obesity is a disease that is curable. There are many ways to go about loosing weight but the most effective and long lasting are to eat a balanced diet and exercise regularly (International Obesity Task Force).

The American Heritage Dictionary defines "technology" as the application of science, especially to industrial or commercial objectives. There are numerous types of technology ranging from computers, to television and video games, to food production. So how does technology relate to the rise in Americas weight? "Researchers now suggest that 60 percent of the extra pounds Americans have put on maybe caused by a decline in the physical demands of work brought about by the arrival of computers and the like"(Geralds). Computers and the internet have made it possible to send mail, fax, make copies, or even order food right from your office without having to walk to a copier, mail room, fax machine or pizza parlor, therefore taking away almost all of the physical exercise one would get from working. The internet also provides people with a source of entertainment and pleasure. It allows people to shop online instead of going to the stores, and even play games online. It enables people to talk to friends, instead of visiting them in person, which takes away from physical activity.

According to the National Center for Chronic Disease Prevention and Health Promotion, technology has greatly changed our environment by creating many time saving products. Computers and the internet are not the only time saving products affecting the waistlines of America, "the other 40 percent is due to technological innovation in agriculture which has driven down food costs" (Geralds). According to the Institute of Economic Research at Harvard University "as technological advances have made food ever more varied and convenient, the feeble will-power of the American public has been unable to compete."(qtd. in Arnold). Some American lifestyles, such as both parents working and single parent households often demand time saving food options, which are mostly high in fat and sugar. In the online article about U.S obesity, James Arnold explains this in more detail

In the mid 160's, the average American non-working woman spent at least two

hours a day on the family meals, now, that figure has halved. At the same time

manufacturers of food have invested heavily in making their products tastier,

cheaper, more varied, and more convenient to the consumer. The increased

efficiency of food production-supplies per person have surged by 0% in the past

two decades in the U.S.- has driven down prices. And its increased convenience

has provoked a shift to frequent "grazing", small but cumulatively hefty snacks, as

opposed to regular meals.

Technology has made it more convenient for individuals to function in every day life, however; the increased convenience helps Americans to become less active and therefore an increase in weight and obesity is almost certain. In the online article "Economists Tackle U.S. Obesity" James Arnold quotes," in past decades, strenuous jobs meant that workers were in effect paid to exercise; now workers with more sedentary jobs pay to exercise at the gym".

In the future we are bound to see more technological advances to save time and energy, does this mean we will also see an increase in obesity rates? A few major food producers are discussing doing their part to help keep America healthy. In an article in BBC News, "Kraft foods will be taking steps to cut portion sizes in its snack packs and eliminate marketing campaigns in schools, in an effort to help fight obesity". Even McDonalds is trying to promote healthier foods by coming out with their new salads. Schools are starting to get more involved in what the children are eating at lunch. In an article in BBC News online one professor believes that "teachers should include a child's' body mass index in their annual reports on pupils" and that "the best way to tackle obesity is to teach healthy eating habits at a young age." The government is also getting involved by discussing possible "sin taxes" on foods not passing their political assessment, (A New Diet).

Research has shown that with the increase in technology there has also been an increase in weight gain in the United States. The weight gain is due to a few different factors. One factor is the lack of physical exercise, which is from the increased convenience of the internet and computer making physical activity at work a lot less needed, and also with television and video games children are not going outside to play as much as they did ten years ago. The second factor to an increase in obesity rates is due to America being on time restraints, therefore eating more snacks and fast foods that are not usually very healthy. A final factor in obesity rates is due to the technological advances in food production. Food producers are able to make food faster, cheaper, and easier for individual use but unfortunately this does not usually amount in the best portions or healthiest food choices. In order for America to put a halt to the obesity problem a balanced diet and physical exercise is necessary.

Works Cited

Arnold, James." Economists tackle US obesity". BBC News World Edition. January

17, 00. September 1,00.http//news.bbc.co.uk//hi/business/6657.stm

Geralds, John. "Technology blamed for US obesity". Vnunet.com. June 6, 00.

September 1,00. http//www.vnunet.com/News/110

Hall, Rick. "Obesity Rates Continue to Rise CDC Releases Latest Obesity Trends In The

U.S.". About Nutrition. February 5, 00. September 16,00.

http//nutririon.about.com/Libraray/weekly/aa01050a.htm

Willis, Melinda T. "Will "IT" Eliminate Exercise?". ABCNEWS.com.

December 4, 001. September 1, 00.

http//abcnews.go.com/sections/living/DailyNews/IT_and_excercise

0110html

"Factors Contributing to Obesity". National Center for Chronic Disease Prevention and

Health Promotions. September 15, 00. September 16, 00.

http//www.cdc.gov/nccdphp/dnpa/obesity/contributing_factors.htm

"Kraft plans to cut snack sizes". BBC News. July , 00. September 16, 00.

http//news.bbc.co.uk/1/hi/world/americas/064.stm

"A new diet lawsuits and advice from the government?". Consumers Research

Magazine.August 00. September 1, 00.

http//www.consumeralert.org/pubs/research/CRAug0.htm

"Obesity Trends". National Center for Chronic Disease Prevention and Health

Prevention. March 18,00. September 1, 00.

http//www.cdc.gov/nccdphp/dnpa/obesity/trend/index.htm

"Schools 'should report on obesity'". BBC News. August 16,00. September 16,

00. http//news.bbc.co.uk/1/hi/health/1557.stm

"Technology".The American Heritage Dictionary of the English Language, Fourth

Edition. Houghton Mifflin Company, 000.

International Obesity Task Force, World Health Organization, the Food and Agricultural

Organization of the USA Centers for Disease Control. February 16,00.

September 1, 00.http//www.iotf.org/about.htm

U.S Department of Health and Human Services. February 18,00.

September 16, 00. http//www.nlm.nih.gov/medlineplus/obesity.html

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Michael Brandi

AGB 450

Business Plan

Bobcats Tavern

Mission Statement To provide UC Merced and Merced JC students affordable alcoholic beverages, in a fun, outgoing, enjoyable environment. We want fair profit for the owners, and a rewarding place to work for the employees.

Legal Issues The legal form of the business will be a partnership; the owners will consist of James Kirk and myself. This plan is prepared to obtain personal financing for the initial launch of this concept. The financing is required to begin work on bar design, architectural plans, site selection, equipment purchases, and to cover expenses in the first year of business. The financing, in addition to the capital contributions from the owners, will allow Bobcats Tavern to successfully open and maintain operations through year one.

Industry Analysis The drinking establishment industry is subject to seasonality factors just as any other agricultural business. My business will see less activity in the summer months when school is on break. However, this situation will also be a factor amongst my competition.

The SIC code for the drinking establishment industry is 5810. The industry results can be seen on page 5. The results shown are not an exact representative sample of my specific industry, but they give some idea of volume.

Target Market The market segment to be targeted are the young UC and JC Merced students who are tired of the 'same old stuff' when going out on the town. The California University of Merced estimated enrollments are as follows

004-05 005-06 006-07 007-08 008-0 00-10 010-11

Undergrads 00 1801 51 8 57 4675 54

Graduate students 104 08 1 74 457 5 6

Total 1004 00 810 61 4414 514 6016

Merced Junior College fall enrollment showed a total of 10,165 students, an increase of 4.4 percent from last year.

Competitive Analysis Bobcats Tavern purpose is to provide its customers with a value driven, entertaining nightlife experience. A unique, mid-scale, innovative environment is required to provide the customers with an atmosphere that will induce both university and junior college students to come have a good time and socialize. I want patrons to have the total experience when visiting Bobcats Tavern. Not only will our guests receive a great drink at a low price, they will also be provided with a fun atmosphere. We will be doing unique things that will set us apart from the competition. Some ideas include free rides home from the Tavern (Merced, Atwater, and Winton city limits only @ 100 and 00am), a unique indoor smoking room, and quarter beer night on Thursdays.

Market Share When it comes to value relatively few competitors exist. The surrounding bars and pubs currently retail their drinks on the upper end of the spectrum, simply because of the low to no competition in the area. Bobcats Tavern will to retail its drinks around the $.50 to $.50 range like its competitors, but we will offer student discounts to those with proper ID which will entitle them to a substantial discount (This figure will be calculated in the financial section of the plan). This will open up a huge target market for us, because college students love great value for their money. Our strategy is simple, we intend to succeed by giving people a combination of great drink values, and an environment that attracts college students like a magnet. Implementation isnt simple, but thats in the doing of it, not in the plan. College students will be our main focus. Hence the name 'Bobcats Tavern' matches the universities mascot, the Bobcat. In order to attract college students we will have to keep prices low, and we must stick to that concept. Of course we are in the business to make money, but low prices will be our trademark and that is what we are going to be know for. Public advertising will be kept to a minimum, not only will it attract non-college students, but the best advertisement is word of mouth. This is not to say that Bobcats Tavern will turn away non-college students! I have lived in this area and understand that college students need a place to get away, while not being hassled by older people. This is why student discounts will be given on a daily basis. Attached to this document on pages 7 and 8 are Merced county census data reports. These reports were attached to show the percent changes in different areas, particularly in respect to the rest of the state.

Future Competition The success of the new university plays a major role in the success of the business. If the estimated enrollment figures are correct then a good time for opening day would be sometime in 011. I believe it is going to take a while for the university to gain students because of its location and its non-existent reputation. Typically a school has to be known for strengths in different areas in order to attract students from surrounding areas. The popularity of the university will impact Bobcats Tavern dramatically. A list of existing competitors in a three-mile radius has been gathered.

Distance from

Name Campus Address City

Gummy's Bar 1.1 miles 60 Shaffer Rd. Atwater, CA Mackessys Sports and Sprits 1.1 miles 610 1st St. Atwater, CA

Perry's Pub and Spirits 1. miles 575 Bellevue Rd. Atwater, CA

Margarita O'Briens .0 miles 161 Atwater Blvd Atwater, CA

Studio Lounge . miles 151 Broadway Ave. Atwater, CA

Outpost . miles 658 Winton Way Winton, CA

Pit Stop . miles 104 Sierra Vista St. Atwater, CA

Harolds Club .5 miles 64 N. Winton Way Winton, CA

Chikita Banana .5 miles 6 N. Winton Way Winton, CA

Barrel Room .6 miles 16 Franklin Rd. Merced, CA

(Phone numbers also available)

As you can see, there are only four bars located within a -mile radius of campus. It will be essential for Bobcats Tavern to be located as close to the campus as possible, due to the future high demand of entertaining nightlife in the area. I would estimate that once the university is established others will enter into the drinking establishment market. This is why it is vital to enter the market relatively early to gain customer loyalty. A map of the area can be found on page 6 of this document. The ¡®star' on the map indicates the campus location, which is located on the old Castle Air Force Base.

Major Competitors

Recently my friend James and I took a trip up to the Atwater and Winton area in order to get to know our competition more thoroughly. It didn't take us too long to find out which bars Bobcats would be competing against. The majority of the bars on my list had a very distinct Mexican American patronage makeup. Some of these bars looked very intimidating from the outside and even more intimidating at the door. As a result we didn't look at all the bars within a three mile radius of UC Merced, but the bars that college students would be interested in, did get an evaluation from us (these results can be seen in the appendices). The major competitors of Bobcats Tavern are

1. Perry's Pub and Spirits

. Mackessys Sports and Sprits

. The Outpost

Comparison

Strengths and weaknesses of competitors

Executive Summary

The proposed business is a ¡®start up' bar/tavern in Atwater California. The business will be set up as a partnership with four investors providing a substantial amount of the start up capital. The objective of the business will be to provide consumers with an alternative to the other bars in the area.

The potential target markets are the college students from UC Merced and Merced Junior College, professionals around the proposed business venture, and the people from around the surrounding community. The ambiance of Bobcats Tavern will be the central differentiating factor that separates it from its competition. The enjoyable, casual atmosphere will encourage people from different ages to congregate and socialize.

Funding

The funding for Bobcats Tavern will be comprised of 0% debt and 70% profit. The amount needed to get our operation off the ground will be $16,000 (including average operating expenses for the first three months). The business will be structured as a closely held, non-publicly traded company. Most of the money borrowed will be from private sources (family, friends, and personal investors). The four co-owners will obtain funding through financial institutions against their personal collateral and credit worthiness. Since this is a relatively small business with no great expansion plans in the immediate future, the partners will keep control of most of the ownership in the first two to three years. Sharing part of the ownership of the business will be considered when large investment capital is needed for the expansion and/or franchising (after the first two to three years).

Loan Allocation

Start-up

Assets

Licenses/Permits $,000

Renovations of the building

Audio Equipment

(One big screen TV and six other TV's) $1,500

Painting, Lighting $6,000

Deposit on building $,000

Total $,500

Working Capital

Grand Opening $10,000

Initial hiring costs $1,000

Miscellaneous start up costs $,000

Total $14,000

Average operating expenses

First three months (4,000 x's ) $16,000

Loan Total $16,500

Please note that this sample paper on opening a bar is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on opening a bar, we are here to assist you. Your cheap custom college paper on opening a bar will be written from scratch, so you do not have to worry about its originality.

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Washington State is one of many states which allows its citizens the use of initiatives and referendums. Initiatives are proposed laws which registered voters may get placed on the general ballot after following proper procedure, which includes getting enough signatures (equal to eight percent of the voters in the previous gubernatorial election) supporting the initiative. There are two types of initiatives indirect initiatives and direct initiatives. Indirect initiatives are sent to the legislator, where it is either adopted and made law, refused and sent to the general ballot, or amended in which case both the original and amended versions appear on the ballot (Nice, Pierce, & Sheldon, 1).

Initiatives keep government officials in check, cut down on political corruption, and provide a way for the average citizen to take an active role in their state's government. However, this form of direct democracy has taken on a new role in state politics, other than what was originally intended by early supporters of the initiative. In many cases, initiatives have been abused and have been misleading or detrimental to the economy. Citizens' lack of understanding, misleading corporate campaigns, and the frivolous use of initiatives have led to initiatives taking on a negative image in the eyes of many politicians and informed citizens. Initiatives have already caused several problems in Washington State, and state legislatures need to consider putting more restrictions on the initiative process. Also, by examining problems regarding the use of initiatives in other states, it can be seen that Washington needs to place more regulations on their initiative process before these problems repeat themselves in Washington.

Thomas Jefferson once said, I know of no safer depository of the ultimate power of society but the people themselves" (Kenin & Wintle, 178). Realistically though, to what degree can the average citizen participate in an efficient, smooth running government without messing things up? One of the major problems with the use of initiatives is that often times the citizens making and voting on the measures are not politically and economically informed enough to make beneficial decisions regarding policies in their state. Many citizens vote in favor of initiatives that cut taxes because they appear beneficial to them, but they do not realize that in the long run they may end up having to pay more as government is forced to make up for the loss in revenues by cutting programs or by raising costs in another area. The public often demands a decrease in taxes, but still expects government to maintain its programs which aid the citizens of the state (The Initiative & Referendum Institute, 1). This problem has become evident to the people of Washington State as they have begun to feel the negative impact of Initiative 65, which they voted into effect in November of 1. Initiative 65 set the Motor Vehicle Excise Tax at $0 for every vehicle, which prior to I-65 had been set in relation to the cost of the vehicle (.% of the the value of the vehicle, plus a license fee of $.75). I-65 also made state and local tax and fee increases subject to voter approval, to make sure that the government could not easily compensate by adding new taxes in other areas. Due to I-65, the revenues from the Motor Vehicle Excise Tax, which funds police, firefighters, transportation, and public health, have been cut by $764 million a year (Office of Financial Management, 1). Washington States current budget problem should come as no surprise, as the legislature struggles to come up with funding for the growing public transportation problems. Now voters of Washington State are going to feel the effects as government funded agencies, such as educational facilities, health institutes, and road management, are forced to scale back. I-65 is a prime example of voters wanting tax cuts without the consequences. Decisions that alter the states revenues so drastically undermine the activities of Washington State's legislative and executive officials. Aside from the indirect initiative, legislators do not get much of an opportunity to address complex issues addressed in initiatives, which will simply be voted for or against by the electorate. There needs to be regulations in place which prevent initiatives from making such influential changes in state funds and policies, or else Washington State is going to continue to have major budget problems that are not easily fixed.

Though not as harmful, citizens often waste the money and time of the government with initiatives that are unnecessary or pointless. In the past 100 years, approximately ,000 initiatives have been placed upon ballots throughout the states. Of these ,000, only about 40 percent were adopted (The Initiative & Referendum Institute,1). Though many of the initiatives which were turned down probably addressed relevant issues, there were also many that were completely unnecessary for voters to waste time with.There are always people in society who have a "pet project" or strong views regarding relatively unimportant matters, and allowing these people such easy access to law making can allow them to be an even bigger nuisance to the government. One extreme example is a proposed Maine ordinance, which would bar women from publicly displaying their breasts. Though it was easily defeated, there was much public debate that went on regarding the measure (Mullins, 18). Though relatively harmless, large numbers of these propositions can end up wasting a lot of time, especially if a measure is particularly offensive and there is much public protest to the matter. Instead of addressing major problems in local government, many initiatives pursue pointless and sometimes frivolous matters. Because of this change in the use of initiatives, the government needs to be allowed more control over which initiatives are allowed on the ballot.

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Another problem with initiatives is that the supporters of an initiative often take advantage of citizens' lack of awareness, and structure their campaign in a way that is misleading. The average citizen is not going to take the time to read the lengthy pamphlet explaining all of the initiatives they will be voting on, unless they know it will directly affect them. Instead, voters must rely on the media and campaigns they have heard surrounding each issue. There are often hidden agendas that are purposefully avoided in the campaigning agenda for initiatives, or are stated in such a way that they are misleading. In 16, voters in Arizona approved Proposition 00, which used the slogan get tough on crime in their campaigning. Most voters were only aware of the section which would mandate harsher sentences for crimes committed under the influence of drugs. What most voters probably didnt realize, was that the proposition would also legalize marijuana for medicinal uses. This was because the ad campaign focused only on the tougher punishment section, but did not address the section legalizing medical marijuana at all. This law was later overturned by the Arizona legislature, but stands as proof that in many cases citizens are not completely aware of what an initiative entails. Also, the reading level of initiative measures on Massachusetts and Rhode Island ballots was estimated at the fifteenth-grade level (third year college) (Magleby,184). There needs to be some form of mandate which prevents hidden agendas of initiatives. Perhaps all initiatives should be given to a non partisan organization which summarizes all major points of the initiative. It may also have a limit on length so that citizens can better understand what they are voting on, or look over it to see if there is something in the initiative which they had not heard about. There needs to be some form of safeguard against hidden agendas in an initiative.

The initiative keeps government in check, and is a good way by which citizens can participate in their government. But as the use of initiatives has changed over time, the laws which regulate them need to change as well. Because of misinformed and uneducated voters, there needs to be safeguards preventing the abuse of initiatives. The current budget issues confronting Washington State as a result of an initiative should spark more debate regarding initiative reform over the next few years. Perhaps the answer, however hypocritical, is an initiative proposing initiative and referendum regulatory issues. Whatever means by which it can be accomplished, policy regarding initiatives and referendums need to be better regulated in Washington State. Bibliography

Kenin, Richard, & Wintle, Justin (Eds.). (178). The Dictionary of Biographical Quotation of British and American Subjects. New York Random House.

Magleby, David B. (184). Direct Legislation Voting on Ballot Propositions in the United States. Baltimore and London The Johns Hopkins University Press.

Mullins, William. (18). "Voters See Initiatives as an Advertisement for the General Interest A Vote of No Confidence in Their Legislators". The World Paper. http//www.worldpaper.com/. March 1, 00.

Nice, D., Pierce, J., & Sheldon, C. (Eds.). (1). Government and Politics in the Evergreen State. Pullman Washington State University Press.

Office of Financial Management. (1). "Potential Financial Impacts of I-65". Office of Financial Management Washington State http//www.ofm.wa.gov/i-65/65 august .htm. March 1, 00.

The Initiative & Referendum Institute. (1). "Initiative and ReferendumTalking Points". The Initiative & Referendum Institute http//www.iandrinstitute.org/quill .htm. February 7, 00.

Rosenthal, Alan. 18. The Decline of Representative Democracy. Washington D. C. Congressional Quarterly Press.

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Incidents in the Life of a Slave Girl

No one in todays society can even come close to experiencing the heartache, torment, anguish, and complete misery suffered by women in slavery. Many women endured this agony their entire lives, there only joy they found was through their children and families, who were torn away from them and sold, never to be seen or heard from again.

In the book, Incidents in the Life of Slave Girl, Linda Brent tells a spectacular story of her twenty years spent in slavery with her master Dr. Flint, and her jealous Mistress. She speaks of her trials and triumphs as well as the harms done to other slaves. She takes you on the inside of slavery and shows you the Hell on Earth slavery really was. She tells you the love and heartbreak she experienced being an unmarried slave mother.

At the age of twenty or so, Linda escapes and with no place to hide she ends up in very small garret outside her grandmothers house. The garret was only nine-foot long and seven-foot wide, so small she could not even stand up. She lived in this hole with no light, no fresh air, and she barely moved for almost seven years. Linda finally escaped the confines of the garret and made her way to the North where she and her children lived much happier and most of all they lived free.

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Linda Brent said, Slavery is terrible for men, but is far more terrible for women. She makes a good and true point, for when her life and the life of other slave women are compared to mens, mentally, slavery takes a much larger toll on the suffering of women. Women are responsible for their children, and the children of their masters. Mothers are often left feeling guilty for bringing their children into the cruel world of slavery. As Linda Brent expresses, I often prayed for death; but now I didnt want to die, unless my child could die too . . . its clinging fondness was a mixture of love and pain . . . sometimes I wished that he (Benny) might die in infancy . . .death is better than slavery. In the book Linda has mixed feelings about her children because she so dearly loves them. She doesnt want them to suffer in slavery as she has so she wishes they would die, but she loves them and she doesnt want to lose them as many slave mothers had. I can only imagine how torn and incapable she must have felt as a slave and a mother.

Linda also speaks of The Slaves New Years Day, this was the time that slaves everywhere were sold and leased. Many mothers were torn from their husbands and their children. Linda speaks of one woman she witnessed, I saw a mother lead seven children to the auction-block. She knew that some of them would be taken from her, but they took all . . .(The woman screamed) Gone! All gone! Why dont God kill me? Linda explains that these things happened daily, even hourly. This is only a small piece of the torture it was to be a woman in slavery.

Lindas master often made perverted comments to her in which she expressed as too filthy to tell. He constantly threatened her and her life explaining that she was his to with as he pleased.

When Linda became pregnant with the son of a white man, Dr. Flint became very angry and he constantly reminded her of the fact that her baby was also his property, like a piece of land. When she had the boy she named him Benjamin, he was premature and Linda herself became very ill after the delivery. Linda refused to let anyone send for a doctor, because the only doctor that could treat her was Dr. Flint and she despised him. Finally when they thought she would die they sent for her master. He treated her and her child (Benny), and soon they recovered.

Almost three years later Linda had a daughter whom she named Ellen, which angered Dr. Flint even more. Once when Benny ran to cling to his mother when Dr. Flint was striking her, Dr. Flint knocked the child all the way across the room nearly killing him.

After the abuse afflicted on Benny, Linda finally escaped in search of a safe way to the North; she hid in various places, first, in a white friends house, where she was made very sick when concealed in a very damp place under the floor. She then remained in a locked storage room upstairs until she found out her children were sold to their father, who never really claimed them. Mr. Sands the childrens biological father handed the children and their papers over to Lindas grandmother, so they thought. The woman Linda was staying with finally thought it best for both their sakes that she left, because people were becoming suspicious.

When Linda left, her family had no where to conceal her so, they disguised her and sat her out at the snaky swamp for two days while they build her a small garret outside her grandmothers house. At the swamp she described the snakes, as being so plentiful that they had to push them away with a stick and the air so thick with mosquitoes she became ill from all the bites. They finally finished and Linda hid out in the small garret that measured about three feet in height, nine feet in length, and five feet in width. Linda spoke of the suffocating air, the dampness always about during the rains and the smothering heat in the summer. She even talked about the rats and mice crawling over her body. She told about watching her children Ellen and Benny grow up through a small peephole. Her grandmother would bring her food at night and talk with her. Even as her great aunt was dying she could not leave to tend to her; all she could do was stay in her little smothering space.

Soon Dr. Flint began saying that Lindas children belonged to his daughter and the contract of their sale was not legal because she was too young to consent to sale them. So in fear that he would take Ellen, Mr. Sands said he would send her to stay with a cousin, in the North where she would go to school. Linda and her grandmother agreed and Ellen was on her way to Boston. The night before Ellen left her mother came out of her hole and into the house to talk with her. She told Ellen, I am your mother. and Ellen replied, Are you really my mother? Ellen couldnt even remember what her own mother looked like. Linda spent that night with Ellen and they wept on each other and spoke of the things that had happened over the years. Ellen departed for Boston the following morning.

Finally, Linda received word that there was a safe way to get to the North and she left, after spending almost seven years in that tiny space. Linda finally made it to the North, safely and discreetly, no one suspected a thing. Dr. Flint assumed shed lived in the North for years, hed even gone in search of her several times. Although the North wasnt everything Linda thought it would be, she was for the most part free. The people werent as nice as she thought they would be, and many of them were still extremely prejudice.

On her train ride to New York Linda had to pay to ride in a back car full of the smells of tobacco and whiskey. Shockingly, when Linda got there her Ellen had not been living very well. She had worn thin clothes and sometimes no shoes. She hadnt even been sent to school even though she could have attended public schools for free. Ellen was extremely unhappy. She had actually been given to Mr. Sands niece as a handmaid. Although Linda was extremely angry she said nothing for fear of the selling of her daughter.

Linda found a job being a nurse to a nice family by the last name of Bruce and eventually got her daughter back and they later sent for her son to be with them. Dr. Flint continued to come to the North in search for her, but she had many friends who hid her.

In September 1850, a few years after Linda arrived in the North the Fugitive Slave Law was passed, it made it easy to legally seize and enslave any black man or woman at-large. All they had to do was apprehend the person, go before the commissioner, swear to the ownership of him or her and get a certificate of arrest. The commissioner received ten dollars for giving the certificate and five for denying it. Therefore, there were few denials. The black man or woman accused of being a fugitive slave had no right to a trial and jury.

After the death of Dr. Flint, and Lindas dear grandmother, Linda began thought it necessary to reading the paper everyday to see the new people checking into town. Linda especially looked for her mistresss name, Mrs. Dodge, whom shed heard, had been very low of funds and needed Linda simply to get some money. Sure enough Mrs. Dodge showed up, Linda ran with the baby she nursed to California to stay with her brother. Benny was learning a trade with her brother and Ellen was in boarding school. At last Lindas dear friend Mrs. Bruce purchased her for three hundred dollars. The Dodges were so certain that theyd never find her and so low on finances that they probably would have sold her for anything.

At last Linda and her children were free. Never to become captured by the Fugitive Slave Law and never again burdened with the thought that someone might know them and turn them in. What a relief that must have been after living such a long life as a runaway slave and poor slave mother.

As you could see Ms. Linda Brent was a very strong woman whos love for her children fueled her determination to ensure that they would not live the horrible slave life as she had for so many years. She endured many painful years with the thought of one-day securing freedom for herself and her children, which she finally obtained. But I often wondered how strongly Linda must have about the word free. As I stated in my opening sentence no one from todays society will ever come close to understanding the life of an enslaved person, and for that reason we will never understand the intense feelings Linda had about the word free.

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Roberts v. Express Courier Services

1.1 Aim of the report

To assist the judge in deciding whether to uphold or override the original decision

1. Method

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- Library

- Precedent cases

- Internet

1. Background information

A contract is an agreement between two or more parties that creates legal rights and obligations, which the law will enforce. If three essential elements are present, a binding agreement or valid contract will be created.

These are

1. Agreement, which is made up of offer and acceptance;

. Intention to create legal relations;

. Consideration.

In some cases, exclusion clauses are written into contract because one party wants to reduce or remove their liability if something goes wrong.

Courts tend to be hard on parties to the contract trying to hide behind their exclusion clause. The courts will not allow an exclusion clause if

1. Reasonable notice was not given,

. There was a breach of contract,

. There was misrepresentation,

4. The clause is carelessly worded-will not cover the action that caused the

damage,

5. The party wanting to hide behind exclusion clause does a breach that is

"outside the four corners of the contract",

6. The problem might be because of negligence.

1.4. Glossary

appeal a formal request by a party to review, re-hear or reconsider the decision of a lower court.

appellant a person who brings an appeal.

bailee a person who is in possession of goods.

damages (also called compensation) a court-awarded sum of money to a party in relation to compensate for loss or damage caused by another person.

defence a document filled in a court registry in a civil case outlining the facts on which a defendant relies in opposing the plaintiff's claim.

defendant a person against whom a court action is brought. Sometimes it used to refer to the accused in a criminal matter.

plaintiff a party who commences the court action.

respondent a person against whom an appeal or application is brought.

.1 Facts of the Case

Mr. Roberts hired Express Courier Services to transport his goods, which were urgently needed by customers in other states. Mr. Roberts phoned to book the service and he was assured that the delivery service was non-stop door-to-door. When the driver collected Mr. Roberts' goods, he issued an invoice to Mr. Roberts, which Mr. Roberts did not read. Several clauses written on the back of the invoice claimed to exempt Express Courier Services from liability for any loss or damage to the goods whilst in transit.

Because it was Christmas time and Express Courier Services was extremely busy, they had hired a subcontractor to transport Mr. Roberts' goods. Because Express Courier Services' Depot was shut, the subcontractor stored the goods overnight in his garage. During the night, his garage burned down and Mr. Roberts' goods were destroyed. Mr. Roberts sought legal advice.

. Legal Issues

• Can Express Courier Services hide behind the exclusion clauses?

• Was there a breach of contract?

• Was there a misrepresentation of the terms of the contract?

• Does the subcontractor liable for the loss of the goods?

. Sources

Contract Law is based on the use of precedent cases such as

Thomas National Transport (Melbourne) Pty. Ltd. v. May & Baker (Australia) Pty. Ltd. (166) 115 CLR 5.

Bontex Knitting Works Ltd. v. St. Johns Garage (14) A11 ER 60.

Sze Hai Tong Bank Ltd. v. Rambler Cycle Co. Ltd. (15) AC 576, at p. 588.

Hain Steamship Company Ltd. v. Tate & Lyle Ltd. (16) A11 ER 57.

.4 Application Of Legal Principles

The appellant must prove that they can use the exclusion clause in the contractual statements to protect themselves, whereas the respondent must prove that the cause of the damage was of that goes to the root of the contract.

Prior to Roberts v. Express Courier Service, the contract law is established in the precedent case Thomas National Transport (Melbourne) Pty. Ltd. v. May & Baker (Australia) Pty. Ltd. (166) 115 CLR 5.

The majority of the judges, Barwick C.J., McTiernan, Taylor and Owen JJ, of this case found that TNT impliedly undertook to take all reasonable care of the goods. Nothing shows that the contract permitted a servant or agent of TNT to take goods home overnight. That was inconsistent with TNT's primary obligation. It was implicit that the goods would go to the depot. This is unaffected by the clause in the contract giving TNT a discretion as to the 'method' of carriage. A breach of contract like this, where what happened was neither authorised nor permitted by the contract is outside 'the four corners of the contract'; it stops parties using their exclusion clause to remove themselves from liability. Referring to the decision made by the Judicial Committee in Sze Hai Tong Bank Ltd. v. Rambler Cycle Co. Ltd. (15) AC 576, at p 588, Barwick C.J. stated, "The effect of this conclusion is, of course, that T.N.T. cannot protect itself by seeking to rely upon the exemption clauses…"

Judge Windeyer, however, found in his finding that there was no express obligation for TNT to take goods to the depot. This is said to be implied from TNT's working practices, but at best for May & Baker it can only be said that the contract was for goods to be handled by TNT according to their customary methods. That does not help May & Baker, because on the evidence TNT's customary methods included sub-contractors like Pay keeping goods overnight.

Express Courier Service breached the contract and it is outside 'the four corners of the contract'; however, as an executive who often transport goods, Mr. Roberts should have known better that in some cases where the depot is closed, the merchandise might be stored in the subcontractor's garage.

Misrepresentation of the term of the contract occurred when Mr. Roberts expected the goods to arrive in other states from where it was picked-up as soon as possible. As he was assured by Express Courier Service on the phone when he booked the service that the delivery service was non-stop door-to-door; without mentioning the possibility of storing the merchandise in subcontractor's garage. Appellant could not rely on the exclusion clause because the subcontractor innocently misrepresented the nature of the exclusion clause by storing the merchandise in his garage.

Defences

In the case of T.N.T v. May & Baker, TNT tried to use the defence that the subcontractor, Pay, was responsible for the damages. According to Barwick C.J., the respondent had no contract with Pay. The situation was self-induced in that Pay continued to pick-up other goods when he should have know that in doing so, he would be late in delivering respondent's goods to TNT's depot. In Hain Steamship Company Ltd. v. Tate & Lyle Ltd. (16) A11 ER 57 Lord Wright said (16) A11 ER, at pp 607, 608, "An unjustified deviation is a fundamental breach of a contract of affreightment. Owing to the peculiar…"

A common carrier by land is deemed to contract to carry by his customary route if no route be expressly stipulated. An illustration is Bontex Knitting Works Ltd. v. St. Johns Garage (14) A11 ER 60; aff'd (144) 1 A11 ER 81 The goods were stolen from a van when the driver left it unattended for an hour and went to lunch. An exemption clause did not avail the defendants because the contract had expressly provided for the delivery of the goods "forthwith and immediately". Lord Wilberforce, in Suisse Atlantique Societe case said "The decision may be justified on the basis that there was a breach…". His ratio then used as the ground for the judges' decisions in the Bontex Knitting Works Case (14) A11 ER 60; (144) 1 A11 ER 81, Scott L.J. saying that there had been "a radical departure from the terms of the contract". That there was a "breach of an express agreement for immediate delivery".

The second situation, though, when he found the goods were burned in his garage at 5.40 p.m. was not self-induced; the onus of proof was on him to show that he took proper care of the goods. However, there is no evidence that he was careless, and he had no reason to foresee a fire. Therefore, the subcontractor's liability would be as a bailee of the goods, the same as that of Pay's in T.N.T v. May & Baker (166). The subcontractor in Express Courier Services is not liable, and Express Courier Services must pay the damages.

.0 Conclusion

The court would find for the Appellant as Express Courier Service has breached the contract. For the subcontractor, the court would find that his liability is as a bailee of the goods. He would not get any compensation from Express Courier Service for the loss of his truck; nevertheless, he does not have the responsibility to compensate Mr Roberts as he had no contract with Mr Roberts, and he had no reason to foresee a fire. However, Mr. Roberts contributed to his own loss by not reading the exclusion clauses written on the back of the invoice. Therefore, he is 0% to be blame, and damages, less 0%, would be awarded in the form of compensatory damages in the form of general damages for loss of merchandise and suffering.

4.0 Recommendation

TNT already has greater bargaining power than May & Baker, using the exclusion power would increase their bargaining power even more. When signing the contract, May & Baker intended their goods to be arrived at the consignee within the time in the contract, not stored overnight in Pay's garage. Examining the nature of dispute in Thomas National Transport (Melbourne) Pty. Ltd. v. May & Baker (Australia) Pty. Ltd. (166), the judges' decision, that parties to a contract cannot hide behind exclusion clause if they breached the term of the contract, has made contract law more fair. Therefore, TNT v. May & Baker should be used as a precedent case for new cases with similar facts.

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Eighty-four days had passed since Santiago, the old fisherman, had caught a fish, and he was forced to suffer not only the ridicule of younger fishermen, but near-starvation as well. Moreover, Santiago had lost his young companion, a boy named Manolin, whose father had ordered him to leave Santiago in order to work with more successful seamen. But the devoted child, still loved Santiago, and each day brought food and bait to his shack, where they indulged in their favorite pastime talking about the American baseball leagues. The old mans hero was the New York Yankees Joe DiMaggio. Santiago identified with the ballplayers skill and discipline, and declared he would like to take the great DiMaggio fishing some time.

After visiting one particular afternoon, the boy left Santiago, who fell asleep. Lions immediately filled his dreams. As a boy he had sailed to Africa and had seen lions on the beaches. Now, as an old man, he constantly dreamed of the great and noble beasts.

He no longer dreamed of storms, nor of women, nor of Great occurrences, nor of great fish, nor fights nor contests of strength, nor of his wife. He only dreamed of places now and of the lions on the beach ... He loved them as he loved the boy.

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Before dawn of the next day, the fisherman, as usual, hauled his salt-encrusted skiff onto the beach and set out by himself. But today, in hopes of breaking his unlucky streak, he was determined to sail into deep waters, out much farther than the other anglers would go. He followed the sea birds and flying fish; they would tell him b y their movements where the fish congregated.

He watched the turtles swimming near his boat. He loved the turtles, with their elegance and speed...

Most people are Heartless about turtles because a turtles heart will beat for hours after he has been cut tip and butchered. The old man thought, I have such a heart too ...

Early on, Santiago managed to land a ten-pound tuna. Thinking this a good omen, he used the fresh meat to bait one of his lines. By now he was far away from land, and much farther out than all the other fishermen. Resisting the temptation to sleep or to let his mind wander, Santiago concentrated on his lines reaching deep into the dark green waters.

At noon he felt a bite. Testing his line, he guessed that it must be a marlin nibbling at the tuna bait. He must be huge, the old man thought, and waited anxiously for a strike. Suddenly, the fish took the bait entirely and began to swim furiously out to sea, dragging the boat behind him. The fish was so powerful that Santiago was helpless to stop him; he could only brace himself against the weight placed on the taut line that cut across his shoulders and hold on until the fish exhausted its strength. Darkness fell, and still the fish swam steadily out to sea. The seaman spent a grueling night with the line looped painfully round his back. Though he was weak, old and all alone, Santiago knew many tricks, and possessed skills the young men yet lacked. Besides, he loved the sea with a passion and had faith that she would handle him with reverent, though bitter, kindness. Once, when the fish gave a sudden tug, the line slashed Santiagos cheek. Fish, the old man vowed softly, Ill stay with you until I am dead.

Then he began to pity the great fish that he had hooked. He is wonderful and strange and u) who knows how old he is, he thought ... Perhaps he is too wise to jump. He could ruin me by jumping or by a wild rush. But perhaps he has been hooked many times before and he knows that this is how he should make his fight. He cannot know that it is only one man against him, or that it is an old man ...

His choice had been to stay in the deep dark water far out beyond all snares and traps and treacheries. My choice was to go there to find him beyond all people.... Now we are joined together and have been since noon. And no one to help either of us.

By morning of the second day the fish was still beading northward; vigorous, seemingly tireless strokes of its tail guided it forward. There was no land in sight. A stiffening cramp in Santiagos left hand, a wicked slice in his right, and his shivering from cold was hampering his work. I wish I had the boy, he said aloud.

All at once the fish surfaced and leaped into the air. Santiago marveled at the enormous, lavender marlin, two feet longer than the boat itself - the biggest fish the old man had ever seen.

Once again the fish set out, relentlessly towing the boat. Santiago could do nothing but hold on and wait.

Sitting in the hot afternoon sun, Santiago cut strips from the tuna and chewed them slowly. He drank sparingly. Throughout his ordeal, he spoketo his only friends the birds that came to rest on the side of the skiff. He spoke to his brother, the great fish. He also addressed his cramped hands and arms, as though they, like himself and the fish, were in their own, detached struggles for survival. His mind constantly returned to baseball, the lions - and Manolin. Over and over he longed for the boy to be with him, to help him land the fish and to take his mind from his cut hand and aching back. He wondered how the Yankees were doing, envying the younger fishermen who could afford radios in their boats to listen to the games. He thought of DiMaggio, wondering if the Yankee Clipper would stay with a fish as long as Santiago had stayed with this one. I am sure he would and more since he is young and strong, he thought. Also his father was a fisherman.

At one point, Santiago fell into a daydream about an arm-wrestling match hed had as a young man. The contest with the great Negro ... who was the strongest man on the docks had lasted twenty-four hours, but Santiago had held out - and won.

Amid these reveries, night fell again. Santiago allowed himself a moments sleep, and dreamed of the lions. All night he instinctively played the line.

At sunrise on the third day, the marlin began to circle; and after hours of struggling, the drained and dizzy fisherman finally managed to bring the fish close to the surface. Then, on one of its many passes by the side of the boat, the old man took aim and drove the harpoon with all his strength into its side. The fish came alive, with death in him; it shook violently, rose high out of the water, hung in the air, and then fell in a great mist of salt spray. Its struggle over, now it floated, motionless... I think the great DiMaggio would be proud of me today, said the old man.

After resting his sore muscles and sipping some water, Santiago examined his catch. Far too big to be brought into the boat, the fish had to be lashed alongside it. Santiago soaked his hands in the salt water and tried to keep his head clear. He mused on his great prize, which seemingly sailed next to his boat. Is he bringing me in or am I bringing him in? the old man thought. Let him bring me in if it pleases him. I am only better than him through trickery and he meant me no harm. Still, the fish would bring him fame and fortune when he arrived in Havana Harbor.

But Santiagos problems were far from over; he was still a days journey from land, and he knew that the fishs blood would attract sharks.

And after a short time, the swift, hungry makos and hammerheads did come. Without fear, they began tearing hunks of flesh from the marlin. Despite Santiagos all-day resolute efforts to kill and beat them off, sharks continued to close in, hitting the carcass again and again. His hands and arms bleeding and raw, the weary sailor was beaten - the sharks would leave him nothing but a huge skeleton. He bowed his head Im sorry, fish.

Not until deep into the night did Santiago steer his skiff into the quiet village harbor. Dutifully, he beached his skiff, dragged his mast and sails into their shed, and finally crawled off to his shack, to welcome slumber.

The next morning, Manolin came to Santiagos shack and found his old friend. The boy saw that the old man was breathing and then he saw the old mans hands and he started to cry. All the way down the road, as he retrieved some coffee for Santiago, he cried.

When Santiago woke, the boy told him that hed been presumed lost at sea, and that search planes had been dispatched to find him. The other fishermen had seen the marlins skeleton and were astonished at its size - eighteen feet from nose to tail. Manolin brought the old man food, nursed his wounds, and firmly told the fisherman, Now we fish together again. Then he left Santiago, to sleep. And the old man dreamed about the lions.

Commentary

Everything about The Old Man & The Sea is classically simple. The style is pure Hemingway short, straightforward sentences with one-syllable words. The storyline is linear - easy enough for a child to follow - and the themes are clear and basic, touting manly courage, endurance, and noble suffering.

In fact, the novel would be little more than an adventure story were it not for Santiagos dialogues with himself - his repetitive and symbolic musings, daydreams and plotting.

Unlike other fishermen, who see the ocean merely in terms of economic gain, Santiago looks on the sea and its inhabitants with love and respect. Notably, he prefers to call the sea la mar, its feminine form, rather than the harsher, masculine el mar.

Some readers may see Christian symbolism in the story Santiago means St. James in Spanish; the battle with the fish lasts three days; Santiago, arriving at the shore, carries his mast, like a cross, on his shoulders, and, like the biblical Christ, stumbles under its load. Later, the fisherman lies down exhausted on the floor of his hut with his arms stretched out stiffly and the palms of his hands up.

But the giant fish - representing the hopes and dreams of mankind - and the old mans relationship with it, is what creates the extraordinary pathos of the novel. And, in the end, even Santiagos (humankinds) modest expectations are snatched from his grasp.

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