Monday, May 25, 2020

Candide, the Fredrick Douglass Narrative, and The Fisher...

Storytellers use the picaresque form and the quest motif as standard literary devices in film, song, and the written word. The characters in such a story encounter many trials, setbacks, and triumphs on their quest to find what they so diligently seek. There is often much adventure and drama along they way, leading to their ultimate test. The three works discussed in this essay embody these themes. Voltaires Candide, A Narrative of a Life of Frederick Douglass, An American Slave, and Terry Gilliams masterpiece The Fisher King present very different journeys using vastly different characters and time periods. Each, however, examines the human spirit as each main character navigates both grizzly and joyous†¦show more content†¦He also references the words of H.E. Watts, who noted the picaro was one who was at odds with the world and the adventurer who had missed his chance. The Fisher King (1991), directed and written by Terry Gilliam, explores many of these issues. One of its main characters, Parry, is a homeless psychotic, which just so happen to be two of the most neglected groups in contemporary society. The movie uses the rouge as a constant theme. Its other main character is a morning talk radio shock-jock named Jack Lucas, whose profession many people loathe. During their adventures, they meet a cross-dressing musical theatre actor whose friends have all died of AIDS, a paralyzed Vietnam vet who begs for a living, and a host of bums and mental patients who have all been rejected by society. In fact, the film fits very well into Allens definition, as the characters also encounter video-store owners, T.V. executives, doctors, street thugs and romance novel retailers. The plot of this film takes on sort of a double picaresque, as two characters undertake a quest for peace that intersects paths. Both men are forced onto this path when a listener of The Jack Lucas Show, Edwin, reacts to advice Jack

Thursday, May 14, 2020

The Relation of Evil and Love in Wuthering Heights by...

The Relation of Evil and Love in Wuthering Heights by Emily Bronte This study will examine Emily Brontes novel Wuthering Heights, focusing on how evil is related to love. The study will explore the main relationship in the book, the relationship between Heathcliff and Catherine. That relationship is full of both love and evil and will show us what happens when evil and love become tied to one another. The first thing we need to do is define evil. It is perhaps impossible to define love in a way, which will satisfy all of us. We will probably all agree that love is usually an attraction between two people, which makes them feel good about themselves and the other person and about life in general. On the other hand, the love that†¦show more content†¦That is what Brontes novel shows us and reminds us about this kind of powerful, romantic love. It does not get out of control in the case of these two lovers, and becomes evil. Heathcliff is shown to be a dark and even hateful character the moment we meet him on the first two pages of the book. L ockwood sees himself as a kind of kin to Heathcliff, and sees the region as a fit for heir dark personalities. A perfect misanthropists Heaven--- and Mr. Heathcliff and I are such a suitable pair to divide the desolation between us. A capital fellow! He little imagined how my heart warmed towards him when I beheld his black eyes withdraw so suspiciously under their brows (45). Lockwood has no idea how much more dark and evil Heathcliff is. Heathcliff is shown to be an evil man even before he meets Catherine, so we cannot say that he learned to be evil because of his extreme love for Catherine. We see Heathcliff not as a loving person, not as a lover, but as a hater, a misanthrope, or a person who hates people. This might be a clue helping us to understand the evil part of Heathcliffs love. Perhaps a love for one person, which grows out of a hatred of all other people, will end up being evil, sooner or later. Perhaps true love leads a person to feel warm and loving toward all people, or most people. And perhaps a love, which is evil, is one, which comesShow MoreRelatedEssay on Revenge and Love in Wuthering Heights1521 Words   |  7 Pagessentiments can move a man to action, but in Emily Brontà «Ã¢â‚¬â„¢s Wuthering Heights, love and revenge are the only two passions powerful enough to compel the primary actors. There is consensus, in the academic community,1 that the primary antagonist in the novel, Heathcliff is largely motivated by a wanton lust for vengeance, and it is obvious from even a cursory reading that Edgar Linton, one of the protagonists, is mostly compelled by a his seemingly endless love for his wife, and it even seems as if thisRead MoreEmily Bronte s Wuthering Heights1693 Words   |  7 PagesUnfortunate Events Emily Bronte, a highly esteemed and imaginative writer, is the mastermind behind the novel Wuthering Heights. When Bronte was very young, her mother passed away from a serious, untreatable sickness. After her death, Branwell, Bronte’s older brother, took care of the children (Pettingell). Her brother, a poet and painter, turned to an alcoholic and drug abuser was responsible for the children as they all grew up together. He was irrational and never treated Emily and her sisters theRead MoreThe Implications of the Title Wuthering Heights Essay1431 Words   |  6 Pagesa question that can be endlessly pondered upon and debated over, as to why Emily Bronte chose to name her first and only novel, after the house in which a sizable part of the action chronicled takes place, despite being armed with characters of such extra-ordinary strength and passion as Heathcliff or Catherine. But on close scrutiny, a reader can perhaps discern the reason behind her choice, the fact that Wuthe ring Heights is at once a motif, a setting and according to a few critics, even a ‘premonitoryRead MoreWuthering Heights and Macbeth Thesis1456 Words   |  6 Pagesand Catherine in Wuthering Heights by Emily Bronte, and Macbeth in The Tragedy of Macbeth by William Shakespeare died as a result of not being able to deal with their haunting past. Heathcliff, from Wuthering Heights, didn’t have an easy past. He’s an orphan that was brought to Wuthering Heights by Mr. Earnshaw. Although Heathcliff was accepted by Mr. Earnshaw and Catherine, Hindley always disliked him. After Mr. Earnshaw’s death, Hindley becomes the master of Wuthering Heights; he mistreats HeathcliffRead More Characters of Catherine and Heathcliff in Emily Brontes Wuthering Heights1610 Words   |  7 PagesThe Characters of Catherine and Heathcliff in Wuthering Heights      Ã‚  Ã‚   Emily Brontes Wuthering Heights can be considered a Gothic romance or an essay on the human relationship. The reader may regard the novel as a serious study of human problems such as love and hate, or revenge and jealousy. One may even consider the novel Brontes personal interpretation of the universe. However, when all is said and done, Heathcliff and Catherine are the story. Their powerful presence permeates throughoutRead MoreHeathcliff - Hero or Villain1691 Words   |  7 Pages----------------------- Emily Bronte also convey’s aspects of the class system within Victorian society through the use of imagery. Bronte depicts two English households which both resemble slightly different classes but for which could not be further apart. The heights is described as â€Å"narrow windows being deeply set in the wall† and then Thrushcross Grange as â€Å"the large, half curtain windows allowing the sun to come in from the outside† - these two pictures painted by Bronte show the contrast betweenRead MoreEmily Bronte s Wuthering Heights1814 Words   |  8 PagesTitle: Wuthering Heights Author: Emily Brontà « Date of Publication: 1847 Genre: Gothic Romance / Fiction Biographical information about the author Emily Jane Brontà « (born 30 July, 1818 | Died December, 19, 1848) was born in Thorton. She was one of six Bronte children; she kept to herself usually and was unusually quiet. In 1835 she briefly attend Miss Wooler’s school at Roe Head. Around 1837 Emily taught at Law Hill School. In 1842 she and Charlotte studied in Brussels. Historical information aboutRead MoreVictorian Novel9605 Words   |  39 Pagesstability and rising standards of living. Artists of ‘Pre- Raphaelite Brotherhood’ claimed to write only true about nature, concentrate only on the true ideas. These three years saw the rise of such works: of Bronte sisters’ Poems, Charlotte Bronte’s Jane Eyre, Emily Bronte’s Wuthering Heights, William Thackeray’s Vanity Fair. The Following twenty years could be seen as the high period of ‘Victorian novel’. Despite being a mixture of boom and slump, the years of 1850-1870 were recognized by the economicRead MoreCause and Impact Analysis on the Main Character’s Suffering in Elizabeth Gilbert’s Novel Eat, Pray, Love7348 Words   |  30 Pagesnovel, the readers would gain messages, and it was not easy to interpret, it needed work hard to appreciate contents of novel forget message has been conveys by author. As novel might have many characters, some characters might never ever come into relation with an author. People knew that all the people in the world at this moment and related, if only by the nature of the fact that they were all living at the same time. Direct contact was not necessary to establish relationship, though a novelist would

Wednesday, May 6, 2020

Willy And The American Dream - 1273 Words

Willy and the â€Å"American Dream† Willy Loman is a traditional man who exemplifies the traditional American values. Willy Loman has reached the old in which he cannot continue fighting for success as a traveling salesman. Confronted with termination of his job as a salesman, Willy began to have flash backs of his past life. At this important part Willy’s presence of his older son Biff has returned home for a visit, and Willy’s old desire for his son to be a traditional success in life is renewed. But the tensions between the two people Willy and Biff are also renewed. The â€Å"American Dream† is the belief that through hard work one might find happiness through having wealth. Wealth and happiness is the center of our lives as Americans we all†¦show more content†¦Dave was an â€Å"eighty-four-year-old salesman who had drummed merchandise in thirty-one states and who could now simply go into his hotel room, call the buyers, and make his living in his green velvet slippers† (Kay Stanton ton,). This view of a successful career as a salesman made Willy Loman reconsider his decision instead of going to Alaska he chose to be a salesman. He saw someone to look up to and to envy to be like and that is what strived Willy Loman to be a salesman. After thirty-five years of his career of being a salesman knowing that â€Å"he was good with his hands, but willy Possessed too much snobbery to admit that his own density was a simple career as a carpenter† (Death of a Salesman, 35). For willy Loman the difference between a salesman and a carpenter meant a lot to him, but Willy Loman stuck with his job as a Salesman. At the very age of sixty Willy Loman had a built himself a family and had to sons Biff and Happy. No matter what happened they will love and respect their father just as their mother Linda wanted them to. Willy Loman was fortunate enough to find a woman who devoted her whole to enable him and treat in a way no one else would dare to. â€Å"She more than loves him, she admires him, as though his mercurial nature, his temper, his massive dreams and little cruelties, served her only as sharp reminders of the turbulent longings† (Death of a Salesman, 5 act one). Linda was oneShow MoreRelatedWilly Loman And The American Dream1968 Words   |  8 Pagesdependent on its environment and the people that surround it. Ideas that can have many different meanings based on the person, such as the American Dream, can lead children into a life of confusion, since they dont know which meaning to stick to. Su ch is the case even for adults who, for example, dont know which definition of success and the American Dream is the best for them personally. People can lose themselves and what they believe in if they get lost in all of the possibilities of successRead MoreWilly Loman And The American Dream Analysis1075 Words   |  5 PagesPursuit of Happiness in the American Dream In Arthur Miller’s play, Death of a Salesman, Willy Lomans pursuit of the American Dream is characterized by his selfishness, demonstrating how the American Dream can subtly turn into the American Nightmare. However, Willy’s role is quite important because he often led to failure through the creation of the American Dream and the real world. To fully understand the storyline of Willy Loman in Death of a Salesman, one must evaluate each member of theRead MoreAnalysis Of Willy Loman And The American Dream1553 Words   |  7 PagesIn one of Arthur Miller’s play, â€Å"Death of a Salesman† written in 1949; it uncovers the betrayal of the American Dream. Willy Loman, one of the characters in â€Å"Death of a Salesman† who believes that finding success is very easy, but in reality’s he only finds his success in own imagination. In Act one of the play, Willy Loman stated â€Å"Bigger than Uncle Charley! Because Uncle Charley is not †¦ Liked. He’s Liked, but not well Liked (p21).† This quote expresses that being liked is not the key to successRead MoreWilly Loman : the Tragedy of the American Dream2717 Words   |  11 PagesWilly Loman : The Tragedy of the American Dream Prosperity, job security, hard work and family union are some of the concepts that involve the American Dream, generally speaking. Some people think this dream is something automatically granted; or in contrast, as in the story Death of a Salesman written by Arthur Miller, as something that has to be achieved in order to be successful in life. The play takes issues with those in America who place too much stress on material gain, instead ofRead MoreWilly Loman and the American Dream Essay1986 Words   |  8 Pages​Willy Loman, in the play Death of a salesman, believes that being physically attractive and well liked by people, are the only necessary ingredients to attain the American dream. Willy works his entire adult life trying to become an astounding salesman, such as Dave Singleman. In Willy’s mind, Dave is the epitome of a successful salesman and â€Å"thus, the dream has shaped in Willy’s mind. All his life has been spent trying to imitate this personâ⠂¬  (Danqing 27), until he finally realizes that his hardRead More Willy Loman, Jay Gatsby, and the Pursuit of the American Dream798 Words   |  4 PagesWilly Loman, Jay Gatsby, and the Pursuit of the American Dream Scott Fitzgerald, author of The Great Gatsby, and Arthur Miller, author of Death of a Salesman, both tell the stories of men in the costly pursuit of the American dream. As a result of several conflicts, both external and internal, both characters experience an extinction of the one thing that they have set their sights on.... The American Dream. Jay Gatsby, a mysterious, young and very wealthyRead MoreWilly Loman, Jay Gatsby, and the American Dream Essay736 Words   |  3 PagesGatsby and Loman My own life’s dream is to have a career in which I can surround myself in music. I will not let anything stand between my dream and I; however, I will never allow my dream to come between myself and my loved ones, or my reality. Many have already fallen victim to the pursuit of the American Dream – a fantastic projection of life that varies based upon its dreamer. However, the road to the American Dream, if followed blindly, can lead to nothing more than a dead end. In The GreatRead MoreThe American Dream Destroyed Willy Loman and the Great Gatsby1894 Words   |  8 PagesEveryone has a dream of their desired future, they dream of the one thing that makes them happy that they do not have now. In Fitzgerald’s The Great Gatsby and Miller’s Death of a Salesman, Willy Loman and Gatsby are characters dominated by an American dream that destroyed them. Their dream comes from a fantasy past. These dreams were made outside from who they truly are. Gatsby tried t o repeat his past, while Willy attempted to create a new past. The lack of control over their goals and dreams lead toRead MoreWilly Lowman’s Tragic Misinterpretation of the American Dream in Death of a Salesman1176 Words   |  5 Pagestwice. This is just one more example that the American Dream is without a doubt achievable. Its pursuit is not easy; it requires undeniable hard work, modesty and optimism. Armed with these characteristics, seekers of this lifestyle will undeniably succeed. Success, though, is an interesting concept, for it can entail many superficial qualities. Willy Loman, the tragic hero of the play Death of a Salesman, sees only the superficial qualities of this dream. He views success solely as likeability (linkedRead MoreThe Destruction of Willy Lowmans American Dream in Arthur Millers Death of A Salesman626 Words   |  3 Pages In Arthur Millers Death of A Salesman readers are introduced to Willy, an ambitious salesman who just cant seem to get a bre ak despite his drive. Willys life is marked by failure, and an almost stubborn attachment to the idea of striking it big. Willys life is ended by his own hands, the result of a broken dream that lead to a broken spirit. In many senses Willy represents the idea of the everyman, the average working class man trying to get ahead, this is reflected in his attachment to

Tuesday, May 5, 2020

Law of Contract Commercial Field Significant

Question: Describe about the Law of Contract for Commercial Field Significant. Answer: 1. The law of contract has assumed prominence in the commercial field for the significant role that it plays. Indeed, the applicable law in regards to this solution that this paper seeks to critically discuss, shall be one within the panoply of Contract Law. Of particular significance to note, is that in the law of contract there are essential elements that must be present in a contract for it to be binding. Apart from these elements, there are other rules that govern the formation of a contract that will be instrumental in uncovering the legal principles that will assist Paula and Sepal Co. to determine their legal position. Tess made an offer to the Sepal Co. to buy climwits. Indeed it has been held that offer is an expression of willingness to enter into a legally binding contract (Australian Woollen Mills Pty Ltd v The Commonwealth, 1954). The offer was effective as soon as it was communicated by Tess to the company. The offer can be communicated to the offeree on behalf of the original offeror provided than there is proof of authorization (Cole v Cottingham, 1837). It has been held in Storer v Manchester City Council (1974), where the court of appeal affirmed that the offer must have an intention to be legally bound upon acceptance. It is thus submitted that the offer Tess made was a valid offer and one that is capable of acceptance even though it was made on behalf of Paula. Sepal Co. added new terms when accepting the offer from Tess. They did not entirely agree to the terms of the offer that Tess had made. From the above sentiments, it can be legally stated that Sepal co. made a counter offer. The court in Hyde v Wrench (1840) stated that where new terms are provided in the acceptance, it is regarded as a counter offer which renders the initial offer rejected and therefore no acceptance. In the case in question there was a battle of forms in and the court of appeal has held in Tekdata Interconnections Ltd v Amphenol Ltd (2009) that the last offer win the battle. The last offer made by Sepal that they could supply 14000 climwitts at $16000 with a 10% discount was the final one stood. It is therefore submitted that the contract was properly accepted according to the legal principles and there was a (consensus ad idem meeting of the minds) There must be a valid valuable consideration that may include profit, interest or benefit that is undertaken by one party. (Currie v Misa, 1875) The agreed consideration in this case was $14000 which was given to Sepal Co. The consideration was sufficient consideration within the ambits of the law because it was agreed upon based on the freedom of the contract (Chappell v Nestl, 1960). It has also been stated in White v Bluett (1853) that consideration must be one that amounts to an economic value which in this case, the consideration was with an economic value that cannot be subjected to debate. Suffice to say, the court will easily presume an intention to be legally bound by a contract where the relationship of the contracting parties is one of a commercial nature and not one that had domestic or family relationship (Edmonds v Lawson, 2000). The presumption of an intention to be legally bound thus flows through to Sepal Co. and Tess in this case. Having noted that the contract was properly formed and undertaken between Tess and Sepal Co. it is safe to say that Tess claim against Sepal in anyway because the contract was legally binding between the two. Below is an advice based on the assertions made by Paula that she demanded her earlier order which actually was to Woddo Co. and not Sepal. Co. However, the demand now is being made to Sepal Co. These assertions invite the doctrine of privity of contracts to discussion. It has been held that a party who is entitled to enforce a contract must establish that he or she is privy (part of) to the contract and has given a sufficient consideration (Coulls v Bagots,1967). It thus follows that a third who is not a party to the contract is legally barred from enforcing the said contract in question. Further, the doctrine of privity is to the effect that even if the party is a beneficiary of the contract, as long as they are not a party to the contract they do have any mandate to enforce the contract (Wilson v Darling Island Stevedoring Co, 1956). Paula, though a beneficiary to the contract made by Sepal and Tess, she is still a third party who is not entitled to enforce the contract. In fact, the Sepal Co. clearly stated that they had no arrangement with Paula and only agreed to make a contract with Tess. A valid legal argument can arise to the effect that Tess was acting as agent for Paula who was the principal and was the one to directly benefit. This introduces the relationship created by the law of agency and law of contracts as we try to circumvent the rule in the privity doctrine. For the above contract to be valid Lord Reid has established a four test requirement that must be met for Tess to be legally valid as an agent and Paula as a principal who can enforce her demands Scruttons Ltd v Midland Silicones Ltd (1961). First, the contract must clearly indicate that the benefit will be for the principal. In our case the contract ought to clearly state that the climwitts were for the benefit of Paula. Secondly, the contract must evidence that there is an agent who is acting on behalf of the principal .Therefore, the contract between Tess and Sepal Co. ought to equally show the same, that Tess was entering into the contract as an agent of Paula. Thirdly, it must be shown in the contract that the agent had the required legal authority to act on behalf of the principal. In our case in point, it is not in denial that Tess had an express authority inform of a letter to get the climwits on behalf of Paula, but the same was not envisaged in the contract. Lastly, it must be shown that there was a valuable consideration provided by the agent on behalf of the principal. In as much as there was a consideration given by Paula the contract did not indicate that it was from Paula. Pursuant to the above rules applied to the doctrine privity it is safe to say that Paula does not qualify as a party to the contract and therefore she is not entitled to enforce any demand in the contract. The challenging question embedded in the entire of the facts in issue is whether Paula can bring a claim against Tess based on the letter instructing her to urgently acquire climwits for her. It can be argued that the letter that was sent to Tess did not spark an intention to create any legal relationship where the eventual result will be an agency agreement. Suffice to say an agency relationship cannot be implied in this case unless evidence is adduced to show that the act of acquiring climwitts on behalf of Paula was one that was habitual and has recurred in a manner that it gained the force of a custom. It can also be argued that, even if an agency relationship is to be construed by the letter, Tess did everything that was necessary and incidental to the way she was expected to do according to the letter and therefore Paula has no claim (Hely-Hutchinson v Brayhead, 1967). 2. It is a general and widely accepted principle in law that once a document or contract is signed the party signing will be bound by the terms therein whether or not he has read or understood the contents (LEstrange v Graucob, 1934). In this case, Merco signed the contract and therefore figuratively, he is bound by the terms of the contract. However, a party will not be bound by the contract if the signature was induced by a fraudulent misrepresentation. It is thus important to note that the discussion in this part that will ultimately be advised to Merco shall uncover the fundamental precepts of misrepresentation in law. A misrepresentation is an untrue statement that induces the other party to enter into contract which has the effects of vitiating the contract. The contract becomes voidable. The House of Lords have had the view that traditionally, English law will not require any pre-contractual good faith from the parties who eventually enter in to a contract (Walford v. Myles, 1992). However, there has been a general judicial willingness and readiness to accept the pre-contractual requirement of good faith which has eventually blossomed to the law of misrepresentation (Philips Electronique Grand Publique SA v. British Sky Broadcasting Ltd, 1995). Ted was aware of the difficulty that Merco had with English and he made several statements which he knowingly knew to be false so as to persuade and induce Merco to sing the contract. It is thus submitted that for a misrepresentation to be actionable there are various elements that must be met for the action to be successful. Untrue statement of fact One of the parties must have made a false assertion of fact. Ted made the assertions that many employers recommended the magazine to their migrant employees and that there were only limited number of copies of the magazine left for subscriptions. These were statements of fact which were untrue. It has been held that if a statement is substantially correct then it does not amount to an untrue statement (Avon Insurance plc. v. Swire Fraser Ltd, 2000). It is imperative to note that mere puffs cannot be regarded as untrue statements of facts (Dimmock v. Hallett, 1866). Although these statements were made by a sales person, the statements cannot be regarded as mere puffs or a sales patter. It is worth noting that the statement must be a clear untrue statement that does not bring about any ambiguity. (Bisset v Wilkinson, 1927) Party to contract The misrepresentation must be made by a party to the contract or an agent representing the party to the contract. It is instructive to note that the contract was between Merco and Eddo Publishing Co and that Ted was a sales agent of the company. In Commercial Banking Co. of Sydney v RH Brown Co (1972) it was held that the statement can be made by a third party who is not a party to the contract but is an agent of person or company who is a party to the contract. Inducement The other party must rely on the untrue statement to the effect that the untrue statement will influence his or her judgment to enter into the contract. Essentially, the untrue statement must actually induce the other party to sign the contract. It has been held that inducement must not necessarily be the sole factor that led to the misrepresentation but it is also a vital factor that is taken into consideration in determining misrepresentation (Edgington v. Fitzmaurice, 1885). The statements made by Ted were inducing and actually they ended up inducing Merco sign the contract. Additionally, Ted incessantly asked Merco to sign the contract as he repeatedly made the untrue statements. However, a misrepresentation will not be actionable if it did not affect the judgment of the other party expected to sign the contract (Smith v. Chadwick, 1884). Indeed the untrue statements affected the judgment of Merco and she ended up signing the contract. There are various types of misrepresentation; however, the one that will be suitable and actionable in the circumstances of this case is fraudulent misrepresentation. Fraudulent misrepresentation entails an untrue statement that is knowingly made without any belief in its veracity and the maker is reckless as to whether it is true or false (Derry v. Peek.1889). In fraudulent misrepresentation, the materiality of the statement of facts is not a subject in issue. It has been argued that, even where the statement of fact is not material, the misrepresentation made is actionable and the claimant is entitled to remedies. It is submitted that if the claimant knew that the statements were untrue at the time they were being made, then there is no inducement in this case (Horsfall v Thomas, 1862). Merco was not aware of any truth in the statement as he merely a visitor to Australia and knew little about what happens there. Merco has the following available remedies that she can seek while pursuing her action for fraudulent misrepresentation. Rescission Rescission is an equitable remedy that has the effect of putting the parties but to their pre-contractual position. Therefore, the contact can be rescinded; however, the objection to rescind must be made promptly upon learning the true statement of affairs. Rescission will not be possible where the innocent party in a case of fraudulent misrepresentation affirms the contract even though the true statement of facts was brought to her attention. (Long v. Lloyd ,1958) It is common knowledge that delay defeats equity and if substantial time has elapsed according to the statute of limitation then then rescission will be impossible. However it has been argued that in cases of fraud, where the true statement of facts been brought to the attention of the claimant the limitation of time will not be operative. Damages For fraudulent misrepresentation damages will be awarded for deceit. The award for damages serves the purpose of to put the claimant in the position he or she was before the contract was made (Smith New Court Securities Ltd. v. Scimgeour Vickers (Asset Management) Ltd, 1997). It is, however, important to note that, for the claimant to recover damages in an action for fraud there must be proof of harm or injury suffered because of the fraudulent misrepresentation. The proper claim by Merco will be that she has suffered economic loss where she had to the bank and pay money that was a subscription fee of the magazine. As stated above it is advised to Merco that he can have the contract set aside because misrepresentation has the effect of vitiating the contract thereby making it voidable at the option of the claimant. Merco should also not be worried because he will be entitled to any economic loss that he suffered and be able to recover any amounts of money that he paid in terms of subscription to the magazine. References Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424] Avon Insurance v Swire Fraser Ltd [2000] 1 ALL ER Comm 573 Bisset v Wilkinson [1927] AC 177 Chappell Co Ltd v Nestle Co Ltd [1960] UKHL Cole v Cottingham (1837) 8 Car P75, 173 ER 406 Commercial Banking Co of Sydney Ltd v RH Brown and Co [1972] HCA 24 Coulls v Bagots Executor Trustee Co Ltd (1967) 119 CLR 460. Currie v Misa (1875) LR 10 Ex 153 Derry v Peek (1889) LR 14 App Cas 337 Dimmock v Hallett (1866) 2 Ch App 21 Edgington v Fitzmaurice (1885) 29 Ch D 459 Edmonds v Lawson [2000] EWCA Civ 69 Hely-Hutchinson v Brayhead Ltd [1967] 1 QB 549 Horsfall v Thomas [1862] 1 HC 90 Hyde v Wrench [1840] EWHC Ch J90 L'Estrange v F Graucob Ltd [1934] 2 KB 394 Long v Lloyd [1958] 1 WLR 753 Philips Electronique -v- British Sky Broadcasting Ltd [1995] EMLR 472 Scruttons Ltd v Midland Silicones Ltd [1961] UKHL 4 Smith v Chadwick (1884) 9 App Cas 187 Smith New Court Ltd v Scrimgeour Vickers (Asset Management) Ltd [1996] UKHL 3 Storer v Manchester City Council [1974] 3 All ER 824 Tekdata Interconnections Ltd v Amphenol Ltd (2009) EWCA Civ 1209 Walford v Miles. [1992] 2 AC 128. White v Bluett (1853) 23 LJ Ex 36 Wilson v Darling Island Stevedoring and Lighterage Co Ltd [1956] HCA 8