Artificial Intelligence ( Unmanned Aerial Vehicle ) Essay

Within the construction industry, Artificial Intelligence (AI) is beginning to take jobsites by storm. If someone were to walk onto a jobsite today, someone in that location would be using AI. Current uses of AI today span from mobile technology that supervision uses to man a jobsite to an actual robot pouring concrete or welding a pipe. With the technology improvements being made daily, there will be a day few people will consist of the workforce on the job, and the rest will be some sort of robotics. Among the Artificial Intelligence being used or that will be the future are: Drones/UAV (Unmanned Aerial Vehicle), SAM (Semi-Automated Mason), robotic welding, Autonomous TMA (Truck Mounted Attenuator) Truck, and Contour Crafting. Drones/UAV (Unmanned Aerial Vehicle) A lot of people may think of drones, also known as UAV (Unmanned Aerial Vehicle), as the toys children play with in the yard after opening their Christmas gifts, but for the construction industry, it means so much more. Drones are capable of a multitude of things, and for business owner’s and clients, the most important thing is getting the job done sooner with reduced costs. Previously, layouts of jobsites took weeks. The land had to be surveyed to verify if the soil was appropriate and whether it needed to be graded or not. Areas had to be marked off where each trade would store their material. Physical surveying of the area with tripods had to be done, as well, for the specific layout and placement of theShow MoreRelatedA Brief Note On Unmanned Aerial Vehicles ( Uavs )1405 Words   |  6 PagesStatement 2 2.0 Analysis of Users’ Needs 2 3.0 Literature Review 3 4.0 References 4 â€Æ' 1.0 Problem Statement Unmanned Aerial Vehicles (UAVs) have been used by the military for many kinds of missions, like reconnaissance, scouting and carrying out armed attacks. Due to commercialization however, UAVs have now entered the market and are being used for many civil applications, such as surveying, aerial surveillance, motion picture filmmaking, scientific research as well as firefighting, which is what I willRead MoreUnmanned Military Weapons Systems And Future Of Warfare1928 Words   |  8 PagesUNMANNED MILITARY WEAPONS SYSTEMS AND FUTURE OF WARFARE INTRODUCTION 1. Unmanned Military Weapons Systems are expected to become the climax of new generation military and counter terrorism operations. An unmanned system or a robot is a machine that is fully or partly controlled by a computer or through an independent Artificial Intelligence or remotely controlled by human operators. 2. 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It has long been an important goal to be able to remove the human element from the modern battlefield, thus enabling high risk or sensitive political operations toRead MoreA Step On The Right Direction With Computer Science1609 Words   |  7 Pagesin computer science; Computer science is the scientific and useful way to deal with computation and its applications. The study of computer science itself studies various conditions of the use of programming languages, complex systems and artificial intelligence. Human–computer interaction considers the challenges in making computers useful, usable, and universally accessible to humans. In today’s world, as technology is rapidly perfected, society as a whole needs to incorporate the latest advancesRead MoreTechnology Is The Weapon Of Choice2005 Words   |  9 Pageswar. During this first recorded co nflict, the bow was the weapon of choice. Over the next 4,700 years, the character of war has changed dramatically with the introduction of new technologies such as iron, steel, and gunpowder. Today the Unmanned Aerial Vehicles (UAV) is the weapon of choice. For the U.S. military, the use of UAV technology accelerated in the 1990’s and continued through the past 14 years of sustained conflict. In 2002, the United States had 167 UAVs and over 7,000 just 10 yearsRead MoreThe Boom in Robotic Population1146 Words   |  5 Pagesfuture some jobs will become extinct. According to Rob Rawson, co-founder of Staff.com, after serious crashes caused by a human operated air traffic controller, in 2034 the government will mandate that all air traffic must be controlled by Artificial Intelligence agents. Moreover in 2028 Google is going to produce perfect audio translator, indistinguishable from the best bi-linguists. It means that human translators and interpreters will lose their worki ng places. Similarly as self-driving cars becomeRead MoreTechnology And The Future Of Unmanned Aerial Vehicles1261 Words   |  6 PagesThe package comes, but there is no deliverer. A tractor is plowing the field after a successful harvest, but there is no driver. This is the future of technology, and more specifically, unmanned aerial vehicles. UAVs, more commonly referred to as â€Å"drones,† have been advancing for decades now. Their advancement has not come without opposition though, and while this argument is concentrated behind drones role in technologies machination over society, the true reality is a shift to mechanization, a

ACC 291 Week 5 Discussion Questions and Responses Essay

ACC 291 Week 5 Discussion Questions and Responses www.paperscholar.com DIRECT LINK TO THIS STUDY GUIDE: http://www.paperscholar.com/acc-291-week-5-discussion-questions-and-responses/ Instantly Download! Get Better Grades in Less Time! 100% Satisfaction Guarantee DESCRIPTION FOR THIS STUDY GUIDE: Week 5: DQ 1: Why are companies required to prepare a statement of cash flows? What are the three sections of the statement of cash flows and what does each section tell you about the operations of a company? DQ 2: Class, the statement of cash flows is the only required financial statement that is not prepared from an adjusted trial balance. What are the sources of information for preparing a statement of cash flows? Explain how†¦show more content†¦ACC 291 Week 5 Discussion Questions and Responses www.paperscholar.com DIRECT LINK TO THIS STUDY GUIDE: http://www.paperscholar.com/acc-291-week-5-discussion-questions-and-responses/ Instantly Download! Get Better Grades in Less Time! 100% Satisfaction Guarantee DESCRIPTION FOR THIS STUDY GUIDE: Week 5: DQ 1: Why are companies required to prepare a statement of cash flows? What are the three sections of the statement of cash flows and what does each section tell you about the operations of a company? DQ 2: Class, the statement of cash flows is the only required financial statement that is not prepared from an adjusted trial balance. What are the sources of information for preparing a statement of cash flows? Explain how the accrual basis of accounting affects the statement of cash flows. DQ3: Horizontal and vertical analyses are analytical tools frequently used to analyze financial statements. What type of information or insights can be obtained by using these two techniques? Explain how the output of horizontal analysis and vertical analysis can be compared to industry averages and/or competitive companies. DQ4: Now that we are nearing the end of this class, tell me what did you find the most and least interesting in this class (this could be subject matter or particular assignments, how the class was facilitated or anything else related to theShow MoreRelatedSupporting the Development of English Literacy in English Language Learners22851 Words   |  92 PagesINTRODUCTION Immigration has brought about significant changes in the U.S. student population. In particular, the number and percentage of immigrants in schools have increased dramatically since 1970. From 1970 to 1995, the number of immigrant children, ages 5 to 20, living in the United States more than doubled, from 3.5 to 8.6 million. As the number grew, immigrant children represented a larger percentage of students in U.S. schools, increasing from 6% in 1970 to 16% in 1995 and 19% in 1997 (Ruiz de VelascoRead MoreExploring Corporate Strategy - Case164366 Words   |  658 Pagesidentiï ¬ ed in the case. There are also over 33 classic cases on the Companion Website. These are a selection of cases from recent editions of the book which remain relevant for teaching. The case studies are intended to serve as a basis for class discussion and not as an illustration of either good or bad management practice. They are not intended to be a comprehensive collection of teaching material. They have bee n chosen (or speciï ¬ cally written) to provide readers with a core of cases which, togetherRead MoreInternational Financial Accounting155754 Words   |  624 Pagestest your knowledge of what you ve studied in quick quizzes We examine your understanding in our exam question bank We reference all the important topics in our full index T E X T BPP s i-Learn and i-Pass products also support this paper. 2457 FOR EXAMS IN DECEMBER 2009 AND JUNE 2010 www.ebooks2000.blogspot.com First edition 2007 Third edition June 2009 ISBN 9780 7517 6364 5 (Previous ISBN 9870 7517 4723 2) British Library Cataloguing-in-Publication Data A catalogue record forRead MoreIncome Taxation Solutions Manual 1 300300 Words   |  1202 Pagescorporation with a value equal to $1,140,000 plus the value of the other assets substituted for the property transferred out. While certain steps could be taken to perhaps alleviate this problem, they are rather complex and beyond the scope of this question (see section 55). However, by tracing the process of moving out the land and building, the student will see the roadblocks that appear. A much simpler approach is to transfer the business assets (inventory, equipment and goodwill) to a separate entity

Performance of Cardboard Carton Forms Free Essays

PERFORMANCE OF CARDBOARD CARTON FORMS Abstract: Cardboard carton forms (void boxes) are commonly used to form the void space between the bottom of grade beams and slabs over expansive soils. However, other than laboratory compression tests and 100% humidity tests, there is little documentation for the actual performance of these boxes in place. This paper summarizes field tests done in an attempt to simulate actual conditions to answer the following questions: †¢ Do the boxes deteriorate at an acceptable rate? Does the wax coating or impregnation and a polyethylene vapor barrier affect deterioration? †¢ Will the boxes fail under heave conditions? Are trapezoidal boxes appropriate and do they perform in an acceptable manner? †¢ Which type of boxes are appropriate in each situation? †¢ What are some of the construction considerations necessary to insure proper function of the boxes? Two configurations of boxes were used: Vertical Cell and Diagonal Type II. We will write a custom essay sample on Performance of Cardboard Carton Forms or any similar topic only for you Order Now Initial Test 1 procedure: It was initially decided to pour a test slab over 4 sets of void boxes. Each box was 4 ft x 4ft x 8 in deep. Concrete was poured on top and all around each box to simulate actual conditions. Four 1 ft x 1 ft steel forms were placed on top of each box for the purpose of loading each box at different intervals to determine if they had deteriorated. All boxes for the first test were vertical cell. Each box was placed with different conditions: †¢ Void box with no poly anywhere †¢ Void box with poly wrapped all around †¢ Void box with poly on top only †¢ Void box with poly on bottom only Test set up with boxes and loading pads Placing concrete over boxes. The procedure was to pour the concrete and test the capacity of the boxes once a week to determine the rate of deterioration. Description of results: †¢ Week 1: Each box was loaded with 200 psf and no deflection was observed †¢ Week 2: Each box was loaded with 400 psf with no deflection †¢ Week 3: Each box was loaded with 400 psf with no deflection. The box with poly on bottom was flooded with water to accelerate deterioration †¢ Week 4: Each box was loaded with 400 psf. The box that had been flooded with water had 3/8† deflection. All the other boxes had no deflection †¢ Week 5: The test pad on the boxes with no poly and the one with poly on bottom were removed to view the boxes. It was discovered that the top of the cardboard had stuck to the concrete causing the cardboard to span across the opening thus giving erroneous information. Both of the boxes appeared to have significant strength but were destroyed in the removal process and could not be tested. †¢ Week 6: The two remaining boxes, the one with poly all around and the one with poly on top had the concrete removed to expose the boxes. The boxes were tested with over 400 psf and still had plenty of capacity with little deterioration. The box with poly wrapped all around had a little water in the box, maybe a cupful, but this did not deteriorate the box. The source of the water is unknown, possibly from when the adjacent box was flooded with water. III. Test 2 Procedure: 1. Two vertical cell boxes with no wax were buried in sand and uncovered after one week to view the rate of deterioration: The boxes and loaded with a 50 pound weight and they immediately. 2. A Vertical Cells beam box with wax and a Diagonal Type Beam Box with wax were buried in sand for one week. The buried boxes were tested by standing on them, there was nominal deflection which indicates the wax has a definite impact on the deterioration rate. 3. Two vertical boxes with wax were buried in sand for three weeks. One was completely covered in poly and the other had no poly. Both boxes showed no appreciable deterioration after three weeks. Since the boxes with no wax failed after one week under the same conditions, it is assumed that the wax and the poly significantly slow deterioration. IV. Test 3 Procedure: Two boxes, one diagonal type box and one vertical cells were wrapped in poly with a cup of water added to simulate a 100% humidity condition. The next day, the vertical box collapsed immediately. The Diagonal box did not collapse Two boxes with no wax were buried in sand Box after one week sitting 50 pound block in middle except on the sides. A box with a capacity of only 200 psf was tested and failed with normal construction loads and therefore, considered not acceptable. V. Summary of Observations From Tests 1-3: 1. Testing the boxes from the top gives unsatisfactory results. . The bottom of the boxes deteriorate first and destroys the glue between the verticals and the bottom on the Vertical boxes. 3. Covering the bottom of the boxes with poly (the top of the sub-grade) slows down or stops the deterioration of the boxes. 4. There is not enough moisture coming out of the slab to deteriorate the boxes. 5. The Diagonal boxes are very weak on the sides and very s trong in the middle. 6. The Diagonal boxes deteriorate slower because of the wax impregnation. 7. Boxes with no wax seem to deteriorate at an acceptable rate. 8. Covering the entire box with poly stopped any deterioration. VI. Initial Conclusions: 1. Boxes should be tested from the bottom, not the top. Since expansive soil heaves, the boxes should be tested from the bottom. The initial deterioration is on the bottom and therefore, the box is weaker when loaded from the bottom. 2. Boxes under the slab should be constructed with no wax if possible. 3. Diagonal Type boxes which are wax impregnated and have strong vertical and diagonal members deteriorate much slower and they possibly stay too strong under slabs. . New tests were devised using waterbeds to load the void boxes from the bottom. Refer to the description of waterbed tests. VII. Test 4: Water Bed Test It was determined by the initial testing procedure that the void boxes need to be tested in place from the bottom. A 25 ft x 37 ft test slab was built with one of the purposes to test the void boxes and another purpose was to test analytical methods of designing flat slabs for houses. Fi ve waterbeds were placed below the sub-grade under the void boxes. One was queen size and four were twin size. Three of the waterbeds had Vertical Boxes with no wax on top of them, one had fully waxed Vertical beam boxes and one had a Diagonal slab box. The purpose of using the waterbeds was an attempt to simulate actual heaving of soil and to test an in place situation on an actual project. The waterbed was buried in the subgrade while constructing the slab. After a period of time, the waterbeds were filled to see if the void boxes collapse or if pressure is exerted on the slab indicating full capacity boxes without deterioration. Steel rods were welded to plates which rested on top of the sub-grade above the waterbed. This rod was sleeved through the slab with pvc pipe. The purpose of these indicator rods was that when the waterbed filled up, if the top of the rod raised up also, the void boxes collapsed. VIII. Results The Water Bed Test: Three weeks after the slab was poured, the waterbeds were filled. All five waterbed indicators rose quickly and to a maximum height of 7 inches. The void boxes were 8 inches deep at these points, therefore, the boxes were fully collapsed. No deflection or distress was observed in the slab therefore, the test was successful. Three of the test were done with a subgrade that had ? nch rain on it the night before placing the concrete. The waxed boxes were placed in a very dry, sandy subgrade in over 100 degree weather, trying to simulate the driest of conditions. Observation holes which were 4 inch in diameter were located to monitor the deterioration of the void boxes. It was observed that for approximately two weeks after the slab was poured, the humidity was very high in the void space with a great deal of heat generated. Slab indicators showing the â€Å"heaving† of the soil and therefore the failure of the boxes IX. Conclusions From Water Bed Tests: 1. After three weeks all boxes had lost enough strength to protect the slab from pressure. 2. After three weeks, even boxes which are waxed will fail adequately. All boxes tested were of the vertical cell type. 3. This test was very successful and the use of waterbeds is an excellent method to test void boxes. X. Test 5: Effect of Integral Retainers and Earth Forming: As published in the Fall, 1997 Proceedings of the Texas Section of The American Society of Civil Engineers, Mr. Robert Davis, P. E. tested trapezoidal void boxes to determine if they fail under construction loads. His conclusion was that trapezoidal boxes of the diagonal type fail when used under a grade beam. We have also seen this in the field and agree with the findings. However, some engineers still use the integral concrete retainers. This test was to determine if earth formed grade beams with trapezoidal boxes and the integral concrete retainers are appropriate. A testing apparatus was constructed to test different box and retainer configurations. The test was constructed to push up from the bottom with highly expansive fat clays below the simulated grade beam. Hydraulic jacks were used under the expansive soil to simulate the heaving of expansive soil. A weight equivalent to 200 psf was applied to the grade beam. The friction of the soil plus the bearing on the end of the concrete retainer caused the box to freely move upward. XI. Project Experience-Performance of Boxes under Grade Beams About the time of our tests, a construction project was completed using diagonal type beam boxes under formed concrete beams. Approximately 1000 feet of grade beams were set up in dry weather and normal conditions. The concrete was placed at inch slump and vibrated. After the forms were removed, it was discovered that approximately 20 percent of the void boxes failed. The contractor was instructed to chip off all excess concrete that invaded the void space which took approximately three days to accomplish. The next 1000 feet of grade beams were set up using vertical cell boxes under the same conditions with the same contractor. No boxes failed on this seco nd pour. View of failed boxes XII. Suggested Procedure for Filling Gaps The weakest point of failure for void boxes is on the ends and especially at the intersection with piers. After experimenting with several methods, I have found that common expandable foam as found in hardware stores works excellent in filling gaps and providing a tight form during construction. I recommend all gaps and holes between boxes and at the intersection with piers be filled with this foam. The cost is nominal for a typical project. Expandable Foam used to fill gaps XIII. Final Conclusions and Recommendations 1. All boxes must have moisture in order to deteriorate properly. Therefore, the boxes should not be completely wrapped in poly which is a common practice of contractors. . The moisture from the subgrade plus the hydration of the concrete appear to provide adequate deterioration of the boxes. The void boxes appear to fail from the bottom to the top. 3. A moisture barrier (polyethylene) should not be used below the boxes because it does not allow deterioration from the subgrade below. 4. A moisture barrier (poly) on top of the boxes may affect the hydration of the concrete a nd therefore the humidity in the void space. This barrier also increases the probability of excessive shrinkage cracks and therefore should not be used for that reason. The question of if this barrier is necessary to prevent moisture migration through the slab and thus affect any floor covering is not a subject of this paper. However, this author has not encountered this problem and therefore, does not recommend placing a vapor barrier on top of the boxes. 5. A layer of ? inch thick masonite should be used on top of all boxes under a slab area. This distributes the concentrated loads due to the rebar bolsters and construction loads. It is our experience that the cardboard cover sheets supplied by the box manufacturers are not adequate for the construction loads. Masonite of less thickness will curl and is not recommended. Plywood or OSB board is not recommended because of termites. 6. Trapezoidal boxes should not be used because the concrete retainers transfer forces from the expanding soil to the concrete beam above. There is also evidence that these boxes fail during construction if they are of the diagonal cell configuration. 7. Expandable foam should be used to fill all gaps between boxes and at pier locations. REFERENCE: www. foundationperformance. org AUTHOR NAME _ DAVID K. ISBELL, P. E. How to cite Performance of Cardboard Carton Forms, Essay examples

Marlon Brando free essay sample

Introduction to Acting Technique 17, February 2012 Biography: Marlin Brando WC: 288 Words â€Å"I don’t stretch my hand out anymore, but I never get tired of waiting for the next magic†(Brando, 1994,p. 468). These words, coming from a man who produced his own magic through his acting while the world watched and waited. As one of the world’s most prolific examples of a â€Å"method actor†, Brando dazzled audiences beginning on the stage and later on the screen. Though his off stage life story trumped any of those he played, we have yet to see another actor who can display the emotion and passion of their characters as Brando did. His performances in The Godfather, On The Waterfront, The Wild One, and earlier and more notably in Tennessee Williams’ A Streetcar Named Desire, displayed to us his excellence and ability (Manso, 1944). From Inception to death Marlin Brando had his ups and downs but nothing was more up then his role as Stanley Kowalski in Streetcar named desire. We will write a custom essay sample on Marlon Brando or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Before auditioning for the part Brando saw success in small productions throughout New York, namely I Remember Mamma (Kanfer, 2008,p. 68). The story is told that in 1947 young Brando set off to Provincetown to meet with Williams for a reading for the part in Streetcar Named Desire, with nothing but a twenty that was lent to him. Before he even left the city he spent the money and was forced to hitchhike, but it is undoubted that Brando left his mark on Williams as he was cast in the play and Williams later said that, â€Å"The reading overwhelmed him†(Kanfer, 2008,p. 9). For his performance, Brando was nominated for an academy award for best actor, and for the next three years for his roles thereafter (Brando, 1994,p. 136). It’s hard to deny that his role in Streetcar named Desire didn’t began his rise to fame and make way to a long illustrious career. Works Cited Brando, Marlon, and Robert Lindsey. Brando: Songs My Mother Taught Me. New York: Random House, 1994. Print. Kanfer, Stefan. Somebody: The Reckless Life and Remarkable Career of Marlon Brando.

The concept of impossibility Essay Example

The concept of impossibility Essay Introduction This essay will dwell in an effort to analyze the philosophy of impossibleness and its operation in relation to contracts. It will look closely at both the construct of initial impossibleness originating from a common error on the portion of both parties as to the province of things before the contract was agreed and the construct of subsequent impossibleness and defeat. The latter trades with a state of affairs whether the parties enter into understanding on footings both express and implied and so a supervening event renders the public presentation of that understanding radically different from that which was envisaged by both parties at the beginning. These subjects will be discussed in greater item in the first subdivision and will run throughout the work. The essay will analyze the construct of nonsubjective and subjective impossibleness, and the regulations associating to dispatch of contractual duties and allotment of hazard. It will look at the state of affairs when either th e capable affair or a thing indispensable for public presentation is destroyed or unavailable, either partly or wholly. It will so look at how the decease or supervening incapacity of a party will impact a personal contract. Towards the latter portion of the essay, it will discourse the jobs that arise when a method of public presentation becomes impossible or a peculiar beginning becomes unavailable. It will reason by looking at the consequence of hold and impermanent impossibleness on a contract. We will write a custom essay sample on The concept of impossibility specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The concept of impossibility specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The concept of impossibility specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The construct of impossibleness The construct of impossibleness in contract jurisprudence can be split into two distinguishable classs. There are the instances where the parties neer really make a true understanding because they are mistaken as to some component of the contract before the contract is concluded and the instances where the contract becomes impossible to execute subsequent to the understanding holding been reached. By and large talking, in the first case, the contract is null Bachelor of Arts initio and in the 2nd, an otherwise valid contract is brought to an terminal from the point when the impossibleness arises. A basic illustration to exemplify the difference would be a contract for the sale of a auto. If unknown to the parties, the auto had blown up 5 proceedingss before the contract was signed the contract would be null Bachelor of Arts initio, whereas if the auto blew up 5 proceedingss after the contract was signed, the contract would be valid, but brought to an terminal by the fact that its cap able affair no longer existed. Basically the tribunals are connoting into the contract a status case in point that the capable affair exists and is capable of transportation. This construct of implied status case in point has been regarded with considerable agnosticism among observers in visible radiation of the traditional common jurisprudence position that the tribunals should neither do nor amend a deal. The chief job arises when covering with the first type of impossibleness. It is non ever wholly clear how the tribunals will explicate the implied status case in point. Smith and Thomas suggest three possibilities: A impliedly promised B that the thing existed. A impliedly promised B that he had taken sensible attention to determine that the thing existed. A and B proceeded on the common premise, for which neither was more responsible than the other, that the thing existed and its being was a status case in point of the contract.[ 1 ] Which of these options it will be, depends mostly on the comparative agencies of cognition of the parties and whether one is trusting on the other. This will be discussed at length through the class of the work. It besides may be that on proper building of the contract either, or both of the parties have made absolute promises. In that event, the tribunals will non pardon non-performance for either type of impossibleness. There are besides instances where the contract has non become wholly physically or lawfully impossible, but an event has occurred which strikes at the base of the contract so as to thwart its purpose. [ 2 ] This is normally referred to as defeat and it operates as a signifier of subsequent impossibleness. Objective and Subjective Impossibility The contract will hold to be objectively impossible to execute before it is held to be null. The instance of Thornborow v Whitacre( 1705 ) 2 Ld Raym 1164held that a party can non get away liability on the evidences of impossibleness strictly associating to his single ability or fortunes. Neither will he be discharged from his duties merely because he finds the contract peculiarly hard or burdensome to execute: It is non hardship or incommodiousness or stuff loss itself which calls the rule of defeat into play[ 3 ] Subsequent impossibleness will likewise non pardon the parties from public presentation if it was brought approximately by the behavior of one of the parties. The instance of Southern Foundries ( 1926 ) Ltd V Shirlaw [ 1940 ] AC 701 held at 717 per Lord Atkin: †¦conduct of either promiser or promisee which can be said to amount to himself of his ain gesture, conveying about the impossibleness of public presentation is in itself a breach. Clearly, any impossibleness that can be attributed to either party will be considered a breach of contract and the defaulting party will go apt in amendss in the usual manner. Where the impossibleness brought approximately by one of the parties existed at the clip of the contract he is likely to be held to hold warranted possible public presentation of the contract and held to be in breach of that guarantee. As discussed above it is sometimes possible for the tribunals to keep that a party made an absolute promise and hence accepted the hazard of the fact that the contract might be impossible to execute. Whether a contract is considered to be absolute will be a affair of nonsubjective building of the footings of the contract. If the contract is held to be absolute, the party will be held to his public presentation whether or non the impossibleness is his mistake or non. In the instance Paradine V Jane( 1647 ) Aleyn 26a leaseholder was held apt to pay lease even though he had been evicted from the belongings by armed forces during the civil war. A rental is a type of contract that is normally regarded as being objectively absolute without mention to the subjective purposes of the parties. Overall the contract must be objectively impossible to execute, the subjective positions of the parties as to their fortunes and their personal ability to execute the contract will non normally be taken into history. Similarly, if a party is active in conveying about the impossibleness the contract will non be seen as objectively impossible, but as holding been breached. Conversely, some contracts will be held to be objectively absolute and the subjective purposes of the parties in organizing the contract and their degree of mistake in conveying about the impossibleness of public presentation will non be relevant. Destruction of the Subject Matter In the instance ofTaylor V Caldwell( 1863 ) 3 B A ; S 826the claimants granted the suspects the usage of a music hall and gardens for a series of music concerts. After the contract had been concluded, but before the concerts had begun the music hall was destroyed by fire and the concerts could no longer be held at that place. The claimants argued that the suspects were in breach of the contract for neglecting to supply the music hall and sought to retrieve ?58, which they had spent on publicizing the concerts. The tribunals nevertheless held that the contract had become impossible to execute and was hence defeated. Both parties were hence released from their duties under the contract. In coming to this decision Blackburn J referred to the pronouncement of Pothier [ 4 ] saying that: The debitor is freed from duty when the tinkle has perished, neither by his act nor his disregard and before he is in default, unless by some judicial admission he has taken on himself the hazard of the peculiar bad luck which has occurred. He recognises that the civil jurisprudence is non adhering on English Courts, but states that it is a utile index of the rules on which the jurisprudence is grounded. Blackburn J besides refers to a line of authorization affecting bailment. For illustration the instance ofWilliams V LloydW.Jones 179the claimant had delivered a Equus caballus to the suspect on the status that it be returned on petition. Without mistake on the portion of the suspect, the Equus caballus became ill and died and was hence non able to be returned on the petition of the claimant. It was held that bailee was discharged from his promise by the fact that the Equus caballus had died. Blackburn J stated that it was a settled rule of English jurisprudence that in contracts for loans of movables or bailments, if the promise of the bailee or borrower to return the goods becomes impossible because the goods have perished through no mistake of his ain, the bailee is excused from this promise. It is noted that in none of the instances associating to bailment was it expressly agreed that the devastation of the capable affair would let go of either party from their duty, the alibi is by jurisprudence implied [ 5 ] This rule established in Taylor and subsequent instances [ 6 ] is now contained in subdivision 7 of the Sale of Goods Act 1979 Where there is an understanding to sell specific goods and later the goods, without any mistake on the portion of the marketer or purchaser, perish before the hazard passes to the purchaser, the understanding is avoided. Partial Destruction of the Subject Matter It is interesting to observe that the contract in Taylor was for the usage of Surrey Music HallandGardens’ . It was hence lone portion of the capable affair that was destroyed by the fire ; the gardens were still in tact. However, it was held that the devastation of the music hall rendered public presentation of the contract impossible. This implies that when portion of the capable affair is destroyed the tribunals will look into the intent of the contract. If the portion that is destroyed renders that purpose impossible the contract will be held to hold been frustrated by its devastation. Discharge and Rules Governing Hazard As discussed above a contract, which is the topic of a error made by both parties prior to its formation that makes public presentation impossible, will be null ab initio. This is non the instance if the impossibleness arises after the formation of the contract, i.e. the contract is frustrated. In that event, the contract is said to be discharged from the clip when the frustrating event arose. The parties are discharged from any future public presentation without holding to elect that that will be the instance. [ 7 ] Where the nucleus of the contract is the occurrence of some future event and that event is cancelled the clip of defeat will be the clip when the cancellation is announced. In the instance ofKrell V Henry[ 1903 ] 2 KB 740the suspect hired a level on Pall Mall to watch the enthronement emanation of Edward VII, though this intent was non expressed in the contract. The emanation was cancelled before the formation of the contract, but the proclamation was non made until afte r the contract had been agreed. If the contract is dissociable, it may be that lone portion of the contract is frustrated and the other parts remain in force. It seems that even when an full contract of sale is held to be discharged because it has become impossible to present some of the goods, the purchaser can waive’ this and demand bringing of the remainder of the goods. This was the instance in HR A ; S Sainsbury Ltd v Street [ 1972 ] 3 All ER 1127. Supervening events may besides do the suspend the contract without really dispatching it. [ 8 ] Temporary impossibleness will be discussed in greater item in a ulterior subdivision. Furthermore, illegality may thwart a minor duty without dispatching the full contract. The deductions of things like this for a possible philosophy of partial defeat will besides be discussed subsequently. The essay will now travel on to look at who should bear the hazard and therefore the loss of a frustrating event. For a long clip it was thought that the losingss ensuing from the defeat of a contract should lie where they fell. This led to the decision that any money paid before the frustrating event occurred was unrecoverable and conversely any money already due under the contract for services provided was enforceable. In the instance of Chandler V Webster [ 1904 ] 1 KB 493, CA, a room was hired to see the enthronement emanation, the monetary value being collectible instantly. When the emanation was cancelled, ?100 had been paid on history. It was held that the contract was frustrated thereby let go ofing the parties from farther public presentation, but go forthing promises performable before the frustrating event still standing. On the other side a party who had merely partly performed the contract could non retrieve anything for his services even when he had conferred a benefit on the other side. [ 9 ] It is possible nevertheless that a party who, after a frustrating event, takes sensible stairss to protect the other party’s involvement will be entitled to retrieve wage for his outgo on a restitutionary quantum meruit footing. This was the instance in Societe Franco-Tunisienne dArmement V Sidermar SpA [ 1961 ] 2 QB 278 [ 10 ] . Until 1942 it was besides considered that there could be no recovery for entire failure of consideration. This was on the footing that up until the point of defeat the party who had paid any money had the benefit of a executory contractual promise and that was consideration adequate [ 11 ] . However, in the instance of Fibrosa Spolka Akcyjna V Fairbairn Lawson Combe Barbour Ltd [ 1943 ] AC 32 the House of Lords held that a party could retrieve where there had been a entire failure of consideration. This was an betterment on the Chandler place discussed above, but two rule defects in the jurisprudence remained. The first was that the rule merely applied when there was a entire failure of consideration ; where there was a partial failure the claimant could non retrieve anything. [ 12 ] The 2nd defect was that the payee could non put off any outgo that he had incurred in the public presentation of his side of the contract. These defects were rectified by subdivision 1 ( 2 ) of the Law R eform ( Frustrated Contracts ) Act 1943. The subdivision provinces: All amounts paid or collectible to any party in pursuit of the contract before the clip when the parties were so dismissed ( in this Act referred to as the clip of discharge ) shall, in the instance of amounts so paid, be recoverable from him as money received by him for the usage of the party by whom the amounts were paid, and, in the instance of amounts so collectible, cease to be so collectible: Provided that, if the party to whom the amounts were so paid or collectible incurred disbursals before the clip of discharge in, or for the intent of, the public presentation of the contract, the tribunal may, if it considers it merely to make so holding respect to all the fortunes of the instance, let him to retain or, as the instance may be, retrieve the whole or any portion of the amounts so paid or collectible, non being an sum in surplus of the disbursals so incurred. This deals with the defects in the common jurisprudence by saying that monies paid before the frustrating event are recoverable, amounts collectible prior to the clip of discharge cease to be collectible and the payee is entitled to put off disbursals moderately incurred in their public presentation of the contract. Goff and Jones note that whilst the Act does cover in lineation with the lacks of the common jurisprudence it does non wholly decide the issues. [ 13 ] For illustration, the Act does non state what principles the tribunal ought to use to make up ones mind how much the payee is entitled to put off. In the instanceGamerco SA v ICM/Fair Warning Agency Ltd[ 1995 ] 1 WLR 1226Garland J felt that the court’s undertaking was to: †¦do justness in a state of affairs which the parties had neither contemplated nor provided for, and to extenuate the possible abrasiveness of leting all loss to lie where it has fallen. Section 1 ( 2 ) does allow the payee to retrieve or retain more than he has been paid up to the tine of defeat. I.e. for disbursals incurred in outlook of future payment. They may be able to retrieve such outgo under subdivision 1 ( 3 ) , which takes consequence when 1 party has conferred a valuable benefit on the other party ( other than money ) before the clip of discharge. In that event, he will be able to retrieve a merely amount, which shall non transcend the value of the benefit conferred. Robert Goff J held in the instance ofBP V Hunt[ 1979 ] 1 WLR 783that there were two stairss to measuring a claim under subdivision 1 ( 3 ) , the first was placing and valuing the benefit conferred. Goff J held that normally the benefit would be the end merchandise of any services. In some contracts the services were the terminal merchandise themselves, for illustration, a contract for the transit of goods. He held that if the terminal merchandise is destroyed by the frustrating event so no benefit is conferred because the other party does non hold the merchandise either. This reading has been to a great extent criticised as neglecting to give consequence to the purpose of the Act. [ 14 ] This subdivision of the Act was intended to extenuate against the rough effects of the common jurisprudence regulation of entire obligations’ . In the instance ofAppleby and Myers( 1876 ) LR 2 CP 651the claimants contracted to do machinery in the suspects mill and to keep the machinery for two old ages. Payment was upon completion of the work. After portion of the machinery had been erected, a fire destroyed the whole mill and all the machinery. The claimants could non retrieve anything, as they had non completed the work. Goff J’s reading of subdivision 1 ( 3 ) would take to the same consequence. However, this reading has besides been adopted in the Commonwealth [ 15 ] . It does look to harmonize closely with the diction of subdivision 1 ( 3 ) , which draws a differentiation between the public presentation by on party and the benefit conferred on the other. This implies that the claimant must really hold received the benefit of any public presentation on the portion of the suspect before the suspect can retrieve or retain any money. The 2nd measure Goff J laid down was the measuring of a just sum’ . Contractual allotment of hazard will of class be a factor. Goff J thought that it ought to be every bit much as is necessary to forestall the unfair enrichment of the other party. This attack was rejected by the Court of Appeal in the same instance, who merely held that it was in the about unrestricted discretion of the test justice. In decision, the Act is unhappily lacking in its counsel as to the allotment of hazard and loss between the parties to a contract that has been discharged for defeat. It is possible for the parties to apportion the hazards contractually. This is one of the chief grounds that the tribunals have kept a tight reign on the philosophy of defeat. Parties are expected to be able to anticipate the possibility of dramatic monetary value additions and the eruption of labour differences etc. Contracts hence on a regular basis include clauses which allocate the hazard of such an unanticipated event happening. One common illustration is a force majeure clause’ . In the instance ofChannel Island Ferries Ltd V Sealink UK Ltd[ 1988 ] 1 Lloyd’s Rep 323the relevant clause stated: A party shall non be apt in the event of non-fulfilment of any duty originating under this contract by ground of Act of God, disease, work stoppages, Lock-Outs, fire and any accident or incident of any nature beyond the control of the relevant party. The advantages of such clauses are that they provide a grade of certainty and the parties can hold to a wider scope of fortunes than are presently available under the philosophy of defeat. For illustration, an unexpected addition in monetary values is non considered to be a frustrating event, [ 16 ] but it is common in a commercial contract to see a force majeur clause incorporating proviso for abnormal addition in monetary values and wages.’ It besides allows the parties to find their hereafter relationship. The defeat philosophy discharges the contract regardless of the wants of the parties, but they can supply for a continuing, adapted relationship if they so wish. Inaccessibility of the Subject Matter Where both parties are mistaken as to the handiness of the capable affair at the clip of the contract, this may be sufficiently cardinal to avoid the contract. The taking instance on this issue is that ofCourturier V Hastie( 1856 ) 5 HLC 637in which the parties entered into a contract for the sale of a lading of maize, which was believed to be in theodolite from Salonica to England. Unknown to both the parties, the corn’s quality had deteriorated to such an extent that the maestro had sold it. The House of Lords held that the affair turned on the building of the contract reasoning that: The contract obviously imports that there was something which was to be sold at the clip of the contract, and something to be purchased, no such thing bing, †¦ judgement should be given for the defendants.[ 17 ] The exact legal footing for importing this term has been the topic of some argument among observers and will be discussed briefly now. The draughtsmans of subdivision 6 of the Sale of Goods Act 1979 appear to hold interpreted the determination as saying that a error as to the being of the capable affair of the contract necessarily renders it void: 6 Goods which have perished Where there is a contract for the sale of specific goods, and the goods without the cognition of the marketer have perished at the clip when the contract is made, the contract is null. The tribunal in Couturier did non nevertheless advert the word error ; they based their logical thinking on the building of the contract and the fact that there was a entire failure of consideration on the portion of the Sellerss. Lord Denning applied a different reading in the instance ofSolle V Butcher[ 1950 ] 1 KB 671 at 691in which he held that there was an implied status case in point that the contract was capable of public presentation. He reasoned that in Couturier the parties had proceeded on the premise that the goods were capable of being sold, when in fact they were no longer available for sale. Lord Denning’s reading does look to give consequence to the most likely purpose of the parties. However, in the absence of a clear purpose to let go of each other from the understanding if the capable affair is non available, it is non clear when Lord Denning is proposing a term of this nature should be implied into the contract. The 3rd reading is that whether or non the contract will be null, depends on the its building. This was the reading put on Couturier by the High Court of Australia in the instance ofMcRae V Commonwealth Disposals Commission84 C.L.R. 377. The suspects invited stamps for the purchase of an oil oiler described as lying on the Jourmand Reef off Papua, together with its contents, which were stated to be oil. The Claimants won the stamp and spent a considerable sum of money modifying a vas for the salvage work. In a eccentric bend of events it was subsequently discovered that no such oiler had of all time existed. The tribunal held that: The merely proper building of the contract is that it included a promise by the committee that there was a oiler in the place specified. On that building the Commission had assumed the hazard of the oiler non bing. They distinguished Couturier, keeping that this was non a instance in which both parties had entered the contract on a common premise. The Commission had assumed the being of the oiler, but the purchasers had merely relied on their averment. In policy footings there can be small uncertainty that the attack taken in McRae is a sound one and one which ought to be followed by the English tribunals, but its is slightly hard to accommodate with subdivision 6 of the Sale of Goods Act. There is the possible statement that McRae does non fall under subdivision 6 because the oiler had neer existed and hence could non hold perished’ . This differentiation does look slightly unreal and non within the purpose of the tribunal in McRae. If the capable affair becomes unavailable after the contract has been concluded this may besides render the contract frustrated for impossibleness. For illustration in the instance ofBank Line Ltd V Arthur Capel A ; Co[ 1919 ] AC 435a charterparty was held to be frustrated when the ship was requisitioned and so unavailable to the charterer. Impermanent inaccessibility may besides do, but this will be discussed subsequently. Destruction or Inaccessibility of a Thing Essential for Performance Lord Atkin in the instance ofBell v Lever Brothers Ltd[ [ 1932 ] A.C. 161, discussed the fortunes in which 1 might wish to connote a status into the contract. He states that a status derives its efficaciousness from the consent of the parties, express or implied. He supposes a possible term: Unless the facts are or are non of a peculiar nature, or unless an event has or has non happened, the contract is non to take effect. If there are express words in the contract such as a foundation necessity to the existence’ , there need non be any farther question, but when there are no such words the tribunal must look into the fortunes of the understanding to see whether any such status can be implied. Lord Atkin uses the illustration of the hire of a professional singer whose continued wellness would be indispensable to the public presentation of the contract. The instance ofKrell V Henry[ 1903 ] 2 KB 740has been discussed earlier. For present intents it can be described in the undermentioned footings: The contract was for the hire of a room on Pall Mall to watch the enthronement emanation of Edward VII. The capable affair of the contract was the room and that was still in tact. However, the intent of the contract was to watch the emanation and without the emanation the contract was non capable of full public presentation. Vaughn Williams LJ refers in his judgement to the instance ofNickoll v Ashton[ 1901 ] 2 K.B, which is authorization for the proposition: English Law applies the rule non merely to instances where public presentation of the contract becomes impossible by the surcease of being of the thing which is the capable affair of the contract, but besides to instances where the event which renders the contract incapable of public presentation is the surcease or non being of an express status the continued being of which is necessary for the fulfillment of the contract, and indispensable to its performance. This construct was extended in Krell to include a state of affairs in which that peculiar set of fortunes ( the screening of the enthronement ) was non expressly mentioned in the contract. The contract in Krell was, nevertheless a unusual one ; the room was merely hired out by the twenty-four hours, non the dark, and the intent for the contracton bothsides was the screening of the enthronement. It is clear that the peculiar set of fortunes must hold been in the contemplation of the parties and one that they both realised was necessary for the full public presentation of the contract. There is some difference environing the Krell instance. Cheshire and Fifoot point out that the cancellation was likely non in the contemplation of the parties, but with respect to the proposition that the purchaser should be discharged from his duty to pay on cancellation: It is incompatible with the character of a difficult trader to state that the proprietor of the room would hold agreed to this proposal if it had been put to him during negotiations.[ 18 ] It is more likely that the proprietor would hold told the boss that that was a hazard he would hold to take. It seems slightly unreasonable to import to the marketer a province of head which he may good non hold been in had he thought about it. McElroy and Williams, on the other manus say that the contract was impliedly for the hire of rooms to see the procession , the fact that there was no emanation hence amounted to a complete failure of consideration on the portion of the proprietor of the suites, dispatching the boss from his duty to pay. [ 19 ] The fortunes in which Krell will use are highly limited. The set of fortunes, which the parties assume to be go oning, must be the common foundation of the contract. In the instance ofHerne Bay Steamboat Co v Hutton[ 1903 ] 2 KB 683the claimant hired a ship from the suspect to watch the naval reappraisal and for a day’s sail around the fleet. After the contract, the naval reappraisal was cancelled owing to the same unwellness of Edward VII, but the contract was held non to hold been frustrated. This is thought to be because the boss could still see the fleet and the boat had non been hired out by the proprietor for the specific intent of seeing the Naval Review. This meant that seeing the Naval Review was non thecommonintent of the contract and its cancellation was non hence a frustrating event. Therefore interpreted, Krell can be seen as a really narrow determination and as so been distinguished in more recent instances. [ 20 ] The Death of a Person Essential to Performance In the instance ofGalloway v Galloway( 1914 ) 30 TLR 531the suspect thought that his first married woman had died and married the claimant. The suspect and claimant later separated and entered into a title of separation under which the suspect agreed to pay the claimant a hebdomadal amount in care. The suspect so discovered that his first married woman was really alive and stopped paying the care payments to his 2nd married woman. When she sued for recovery of the arrears, it was held that she could non make so as the colony understanding had been entered into under the common error that she had been married to the suspect, when in fact she could non hold lawfully been. Consequence of Death on a Personal Contract Under general contract jurisprudence, the decease of a party will hold no consequence whatsoever on the contract or any of the rights accrued under it. [ 21 ] The personal representatives of the asleep individual are bound to finish public presentation on his behalf, in so far as the estate allows [ 22 ] and they may action for the return side of the understanding. This is non the instance when personal dealingss are the foundation of the contract. In that event, the decease of one or other of the parties, the contract is leading facie discharged. Importantly, the Law Reform ( Frustrated Contracts ) Act 1943 will use in some state of affairss. Where portion of the contract can be severed and those parts of the contract had been performed before the contract was discharged due to the decease of the party, or they were discharged but for payment of an discoverable amount, the tribunals must handle that portion as a separate contract that had non been frustrated. This proviso keeps in tact dissociable duty already performed, but departs from the common jurisprudence refusal to let the recovery of money paid or benefits conferred. [ 23 ] Contrac

Briskly and self-confidently Essay Example

Briskly and self Briskly and self-confidently Essay Briskly and self-confidently Essay He doesnt realise that his little pink light of family happiness is about to be stepped on and soon destroyed. Before Birlings speech ended he was interrupted with a sharp ring of the front door bell. At this stage little do the audience know is, that this man is about to change their lives. With a sharp ring he has timed his entrance correctly and so far he is successful and next he is to teach them all a lesson, a lesson they shall never forget. Before the inspector says a word, Priestley includes a really important stage direction about him. The stage directions are absolutely essential, not only in this play but in every play. A stage direction is important as every direction directs the character and creates a personality and what actions to proceed with. They give every character guidance and how the play is set up. The stage directions give the actor more insight into the character theyre playing and how to portray them to the audience. During this specific stage direction we are told, The inspector needs not to be a big man but he creates at once an impression of massiveness, solidity and purposefulness. Priestley includes this to tell us about the inspectors personality, temper and attitude. It tells us that the character will constantly be taking charge and will be determined to do anything to receive any information necessary. Soon after, Edna introduces the inspector and explains that his name is Inspector Goole. Priestleys technique of using this name signifies to us that Goole sounds like Ghoul a spirit who has a morbid interest in death, a spirit that is said to take fresh life from corpse. Its like this characters existence is due to Eva Smiths death. Priestley also makes us explore even deeper into the situation. Goole is also a small fishing town and this suggests that he is about to fish for information and take as long as it needs which we soon recognise in his methodical line of inquiry. Throughout this stage direction Priestley says, The inspector need not be a big man but he creates an impression of massiveness, solidity and purposefulness. These words states that the inspector grows and remains solid while each of the other characters breaks down as he is becoming more successful. These words tell us that the inspector is here to act as a conscience and take no nonsense and constantly keep taking charge of the conversation. These words give an impression of someone who is both an outsider and omniscient. This makes him appear more mysterious and powerful. Priestley also gives the inspector the ability to unnerve people before he speaks. The inspector makes things happen and allows secrets to be revealed. He controls everyone and their actions. Before he speaks he strongly looks at his victim, letting them know that he is here for a reason and he will break anything that they maybe trying to build. Priestley gives the inspector the power to fish out anything that is required. The stares of his eyes, lets the other characters know that this isnt a man to be contradicted. By the stare of his eyes he lets them know that he will eventually get what he wants. I shall now focus on how the inspector has the ability to interrogate each of his suspects and how he has a methodical way of questioning each of the characters and how he has the ability to receive any information he requires from them by using his economical choice of words. Although I have insignificant time to concentrate on all five characters, but however I shall concentrate in two in detail, which are Mrs Birling and Shelia. He interrogates them one by one in order to complete his mission and stop confusion. The first character I will focus on will be Mrs Birling. As she enters the room she enters briskly and self-confidently, as if she is not going to be broken down. But as she is shown the picture of the girl the inspector straight away realises that the picture has been recognised. Its an organisation to which women in distress can appeal for help in various forms. Isnt that so? At this particular point there was no wealth fare state and so people turned to charities and organisations for help. This is one of the questions that begin to break down Mrs Birling, which she fails to realise. Priestley is getting his own political views across and criticising the government for failing to provide for the less fortunate members of society. Afterwards the inspector asks questions that begin to frustrate and put Mrs Birling under pressure so from this he receives the information by his economical use of questions. As time moves forwards the inspector keeps his victims case under control and massively takes charge as he is constantly being interrupted which tells this family that they will all gain the equal amount of respect no matter who the characters are. At Eva Smiths death we get a glimpse at society at the time through each of the characters. Through the inspector and as Mrs Birling is one of his suspects he is attempting to show his attitude towards human morality and responsibility. He is teaching the audience an important point about society and the different generations attitude towards it. Priestley wanted to express the fact that everybody has a responsibility but some dont face up to it as shown through Mrs Birling. As the inspector, Priestley was trying to show the differences between the older generation and the younger generation. Through Mrs Birling he tells us how she thinks she is more superior to others, a girl of that class, she only had herself to blame. These quotes tell us that Priestley is highlighting that the more superior look down on people as worthless and nothing better to do, and they dont take responsibility for their actions upon others. Priestley uses the technique of cliff-hangers at the end of each scene in order to keep the audience engrossed and full of tension and suspense. At the end of each scene the audience are sitting at the edge of their seats waiting for the curtains to reopen to find out whether or not if the inspector is successful in breaking the faà ¯Ã‚ ¿Ã‚ ½ade between him and this family and find out if they will face up to their responsibilities.

Bluebells of Scotland

Compelled by society’s negative opinion of the trombone, Pryor composed â€Å"Bluebells of Scotland† in order to display the capabilities of the trombone and to emphasize that it could play very difficult pieces. This piece is a little more upbeat and physical than other pieces of the same time period, but what makes this piece particularly unique is that it is the only piece with a high level of difficulty for trombone that was composed in the time of its conception. The piece is intended to be accompanied by an orchestra but can be played with piano accompaniment as well. The characteristics of this piece are very dynamic and free. The expressivity of the piece is left up to the interpretation of the performer which allows for a large amount of freedom and creativity. There are quite a few cadences that allow the performer to take control of tempo and dynamics. â€Å"Bluebells of Scotland† includes both very slow and lyrical passages as well as many very quick and difficult runs, double-tonguing, octave jumps, lips slurs, and a vast amount of high register notes. The introduction of the piece begins with a triumphant cadence peaking at a high register C, which slowly decays into a very lyrical melodic sequence that takes the shape of the original lyrics, which read: â€Å"Oh where, tell me where, is your highland laddie gone? Oh where, tell me where, is your highland laddie gone? He’s gone with streaming banners where noble deeds are done. And it’s oh! in my heart I wish him safe at home. † The piece then moves into a much more difficult technical variation of the original melody and progressively builds in speed until the also very triumphant ending. Around the time the then eighteen or nineteen year old Arthur Pryor composed â€Å"Blue Bells of Scotland†, he had only been playing the slide trombone for three to four years. Pryor was given the slide trombone as a payment to a debt and taught himself to play it fairly quickly. Amazingly, Pryor wrote the piece with the knowledge of only a few slide positions and would use false tones and alternate positions for notes in the fifth, sixth, and seventh positions. Despite this, â€Å"Blue Bells of Scotland† is still one of Pryor’s most memorable pieces and is still widely known today. A few years after composing â€Å"Bluebells of Scotland† he arrived in New York by invitation of John Philip Sousa. After arriving to be in Sousa’s new concert band, Pryor was offered by Frank Holton the position of principle chair trombonist. When Holton left the position, Pryor became the featured soloist of over 10,000 solos as principle trombonist for Sousa’s band. â€Å"Blue Bells of Scotland† serves as a constant reminder of the trombone’s capabilities as a very lyrical instrument and its ability for technical prowess as well. Arthur Pryor inspired interest in the trombone with his virtuoso playing, and â€Å"Bluebells of Scotland† in particular has been a standard of trombone literature for decades and a favorite challenge for advanced players†(Kleiner). The piece will always have a special place in the hearts of all trombonists, both past and future. Works Cited http://www. celticscores. com/sheet-music/628_Blue_Bells_of_Scotland http://bluebellstrilogy. com/blog/2010/05/arthur-pryor-blue-bells-and-trombone/