Abstract Expressionism Essay - 1089 Words

abstract expressionism It was a full 170 years after Americans had their political revolution that they won an aesthetic revolution. American art to get rid of its inhibiting mechanisms- provincialism, over-dependence on European sources, and an indifferent public- and liberate itself into a quality and expressive force equal to, or exceeding that of art produced anywhere within the period. Few would argue that the painting and sculpture that emerged from the so-called New York School in the mid 1940s was the foremost artistic phenomenon of its time and was labeled as the Abstract Expressionist movement. Abstract expressionism was a reaction to social realism, surrealism, and primitive art in the 1940s; this is a turning point in†¦show more content†¦Sacred signs overlaid over unconfined surfaces were appealing because the artist was not restricted by a framing edge. They also admired the scale of cave paintings. They were very big and encouraged their followers to paint big. The most significant impact of primitive art was the cave paintings admirable freedom, which influenced the free, unbound style in which the abstract expressionists painted. The revolt of fascism and realism is freedom, which is articulated in the free form style of the Abstract Expressionist. Americans for generations had sought to achieve their own artistic maturity and had largely failed, either by inadequate assimilation of European models or by Americas own provincialism. The Abstract Expressionist Movement was so influential because it was the first time that American artists were doing something new and different from Europe. American Artists for the first time had an advantage over Europe, which virtually transferred the center of the art world from Paris to New York. Ironically, it was the paralyzing poverty of the Great Depression that gave younger American artists their first advantage. Beginning in 1935, with the Federal Art Project organized under the Works Progress Administration, artists could earn a living as artists and do so free to create in whatever manner they might choose. They could even gravitate to New York, traditionally Americas safe haven for the revolutionary, and there band together as a beleagueredShow MoreRelatedEssay on Abstract Expre ssionism1814 Words   |  8 PagesAbstract Expressionism New needs need new techniques. And the modern artists have found new ways and new means of making their statements ... the modern painter cannot express this age, the airplane, the atom bomb, the radio, in the old forms of the Renaissance or of any other past culture. Jackson Pollock Rarely has such a massive transfer of influence has ever touched the world as did in the Paris to New York shift of the 1940s and 1950s. All of the characters of American art wereRead MoreAbstract Expressionism1371 Words   |  6 PagesAbstract Expressionism is making its comeback within the art world. Coined as an artist movement in the 1940’s and 1950’s, at the New York School, American Abstract Expressionist began to express many ideas relevant to humanity and the world around human civilization. However, the subject matters, contributing to artists, were not meant to represent the ever-changing world around them. Rather, how the world around them affected the artist themselves. The works swayed by such worldly influencesRead More Abstract Expressionism Essay1465 Words   |  6 PagesAbstract Expressionism Abstract Expressionism started in America as a post World War II art movement. It was the first art movement that arose from America and put New York at the center of the art world. The term Abstract Expressionism was first applied to American art in 1946 by art critic Robert Coates. It is most commanly said that Surealism is it’s predecessor because of the use of spontaneous, automatic and subconscious creations. Abstract Expressionism gets its name from the combiningRead MorePop Art vs. Abstract Expressionism1854 Words   |  8 PagesPop Art vs. Abstract Expressionism †¢ Characteristics of Abstract Expressionist Paintings-optical buzz, all-over composition, Matisse sometimes painted images on large canvases, as did Picasso but paintings still retained an object like character- the viewer needed to stand back to see the complete composition. Abstract expressionist paintings, on the other hand, draw the spectator into them. The field of vision is thus larger than the field of vision of the spectator, who finds himself in a worldRead MoreAbstract Expressionism and Frank OHaras Writing2155 Words   |  9 PagesAbstract Expressionism and Frank O’Hara’s Writing While researching everything about American cotemporary poet Frank O’Hara, it became very apparent that art was a driving force in both his personal life and his professional writing career. This can be proved by merely trying to find information about him in the literature section in a library. Only his collected poems can be found, but much more information about Frank O’Hara can be found in the art section. Many art books dedicate entireRead MoreAbstract Expressionism And Dada873 Words   |  4 Pagesmovement in response to World War One, while Abstract Expressionism was in response to World War Two. Dada was an art movement launched in protest to the political, social, and cultural norms that were thought to have caused the war by its disillusioned creators. Dubbed the â€Å"anti-art movement†, Dada works were irrational and outrageous. More emphasis was placed on the politically charged messages inherent in Dada works than the aesthetics. Abstract Expressionism is viewed as the first purely AmericanRead MoreEssay The Art Cowboy1439 Words   |  6 PagesArt of the Century gallery, a gallery set up to promote young artists involved in surrealism (52-53), Pollock was working abstractly, yet pictorially as well. Although his painting still had a quality of â€Å"Benton’s heroic and mannered regional expressionism† (Rugoff 44) he had still rocked the Art of this Century Gallery and made himself known in New York (National Gallery of Art 1). According to Rugoff, his career did not change until he and Krasner moved to Long Island. He had been painting withRead MoreAutumn Rhythm, By Robert Rauschenberg, And Marilyn Diptych1243 Words   |  5 PagesAbstract Expressionism began in the 1940s and the 1950s in New York after World War II from the ideas of Surrealism about art that looks to examining the unconscious mind, and the feelings people hold that makes us all humans. Through the discussion of Autumn Rhythm (Number 30) by Jackson Pollock, I will define Abstract Expression and why this work is part of this movement. Then, through the discussion of Canyon by Robert Rauschenberg, Target with Plaster Casts by Jasper Johns, and Marilyn DiptychRead MoreThe Dissolution Of Pollack s Vision Of Non Representational Art891 Words   |  4 Pagesanalysis will define the dissolution of Pollack’s vision of non-representational art/action painting to identify the reduction of rhetoric found in the color field art of Mark Rothko and Barnett Newman during the middle of the 20th century. Abstract Expressionism was typically defined by Pollack’s â€Å"action painting† methods, which sought to objectify the painting process in a complex and busy style of â€Å"rhetoric† applied to canvases laid on the ground and dripped or splashed with paint. Rothko and NewmanRead MoreJackson Pollock Essay2268 Words   |  10 PagesThe dominant figure that steered the course of the Abstract E xpressionist movement was the infamous painter Jackson Pollock. He was born Paul Jackson Pollock in Cody, Wyoming on January 28, 1912. He was the fifth and youngest son and grew up in Arizona and California after his family left him when he was a little over one year old. Pollocks artistic journey began at the Manual Arts School in Los Angeles, California where he joined two of his brothers. From there, he went on to New York to attend

The Death Of My Life - 1355 Words

The mudded earth grasps at my martial boots. Perspiration seeps from my grimy pores. The humid air slithers across my skin. My palpitating heart aches from the adrenaline. Our offense under the shadow of the night we made has been counteracted. The German roaches fire their weapons, illuminating no man’s land with cones of ugly light - revealing the lakes of crimson, the bottomless pits, the wandering limbs, the grey sleepers – all of it. The contorted screams of my wounded comrades fall past me as I run. I see a wounded man praying. A futility. The gods are indifferent to our suffering. As we are the tainted souls – their forsaken children - sentenced to flaming nights and grey days that inscribe themselves into the mind. And if†¦show more content†¦Thus, I do not dare leave the confines of this shell hole. I no longer hear the steps of my comrades, the gunfire becomes sparse and a relative placidity takes no man’s land. Though I dare not move. As I can feel the roaches’ eyes scan across this barren cemetery, looking for any movement, for any signs of consciousness. The nauseating moans of the dying pervade the stagnant air. Eventually becoming fewer and fewer with time. begin to feel disoriented, physically feeble, cold; as if I can see myself in the reflection of death’s scythe. I shiver. I feel a dreaded moisture on my arm. Where I lay a nightly liquid, tugs at the arm of my martial coat. It cannot be. A piercing pain cements itself, and my body convulses in agony. It’s gushing from my stomach – I have been wounded. I feel it rising. My mouth becomes a cesspool of blood; and I struggle not to drown in it. - Vibrant birds sing their elegant melodies. The boughs and branches of the old oak tree sway to and fro in the spring breeze, and the sun beams through it’s vacuous gaps – filling the living room of my father’s apartment with oscillating lights and elegant shades. Below us the hustling of the crowded streets can be heard. The torrent of consciousness, they walk to and from, each characterised with different memories, thoughts, and attitudes. The sugary scent of freshly picked cherry blossoms, and baked sweets permeates the room. The estate isShow MoreRelatedThe Death Of My Life Essay2144 Words   |  9 Pageshave to face death in my life until I was an adult in college and when I did, it was the expected death of my maternal grandmother after years of living with Alzheimer’s. We knew her health was declining and when she went into hospice in her final weeks, I was able to take time off school to see her one last time. She died about a week later. At the time I knew I was lucky to be able to visit and say my goodbyes, even if she didn’t know who I was. That visit was cathartic for both my mom and me butRead MoreMy View Of Life After Death1232 Words   |  5 Pageswill determine your life after death. I accepted this as truth for a very long time, as I had no exposure to different views. I would argue with my LDS peers on the meaning of Heaven and Hell and their nonbelief, and I would trust everything I was taught without much question. In college, things changed. I still believe in God, but differently. I have struggled with my own beliefs for a while now, because everything I have known is being, or has been challenged by discussions in my classes. I cannotRead MoreMy Life And Death Running Through My Mind1517 Words   |  7 Pagesto be concerned about my human body back in the car. In my human thoughts, I perceived that my spirit form may have been vacant from my human body for years. Maybe this was true or maybe it was just a logical, rational approach to finding a timely answer. I began to wonder if I had been away long enough that my human body had died. Was there a funeral? Did anyone mourn me? I had so many thoughts about life and death running through my mind. I felt very confused as to my true existence. I feltRead MoreThe Death of my grandmother a life experience that changed my Identity1675 Words   |  7 PagesThe Death of my grandmother a life experience that changed my Identity My sense of independence was shattered when my grandmother departed from this world. I lost my grandmother and this experience shattered my perspective of life. Losing a loved one was like having a wisdom tooth pulled without any Novocain. In spite of this painful occurrence happening to me at twenty-four years of age, emotions such as shock, anger, and guilt, came into play creating chaos. I rerun her death in my mind, yetRead MoreIts Just Me Know: Life After The Death of My Spouse741 Words   |  3 Pagesmemories but with an empty house. Where only a short time ago my house was truly a home, it now shelters only me. The now empty space shows still the remnants of love and companionship. The decorated tree is still standing, but is now barren of the decorated gifts beneath its green wings. The long table recently laden with nourishment, surrounded by conversation, laughter and reminisces of the year has bid final farewell sits empty now. My shoes are no longer crowded at the front door, I would wishRead MoreDo I Choose Life Or Death My Unborn Baby?1406 Words   |  6 PagesDo I choose Life or Death my Unborn Baby? Women in the world work hard, multi-task, and balance home life and work life every day and the choice to bring life into the world, we have no control of the health of our babies we bore. This is one task which we have no control of, yet we pray to God to even become pregnant or bless the baby to be just healthy. In the world today, many women experience suffrage, with childbearing. The internal emotions fall to the wayside without the acknowledgment fromRead MoreDeath Is The Final Stage Of An Individual s Existence979 Words   |  4 PagesDeath is considered a dreaded word. Death is the final stage of an individual’s existence. Death is a word that makes people uncomfortable. The word death is something no one desire to think about, prepare for or discuss. But death is inescapable, unavoidable, and inevitable all humankind will experience death as part of their destiny. Therefore, each has the responsibility of addressing the issues that maybe related to a decline in the ir physical and mental function status, which render themRead MoreReflection Of Tuesdays With Morrie1232 Words   |  5 Pageswith Morrie Death is often viewed differently among individual lifespan and development. How death is perceived, its morals to life and its key values, changes as the end of life approaches. Although death is something I have learned early in life, I often try to avoid it. The reason lies within my culture, societal expectations, and how I view life expectancy. I have been brainwashed into believing the younger I am, the longer I have to live. This prevents me from acknowledging death and the trueRead MoreGod Is Red : A Native View Of Religion912 Words   |  4 Pagesinterest to me. I want to focus on the chapter on Death and Religion where the contrast between the Christian worldview and the Native worldview have informed and influenced our cultural as a whole and on a personal level. I found Deloria’s chapter on death and religion to be interesting in the comparing and contrasting the view of death from a Christian perspective and a native perspective. The integrated view of Christianity on the soul, body, death and resurrection and how it has informed the WesternRead MoreDeath Of Death And Death1270 Words   |  6 PagesThroughout my entire life I have never really given much thought to the subject of death. To be more accurate: throughout my entire life I have never allowed myself to give much thought to the subject of death. Both of my parents are very easy going, optimistic individuals so death was not a subject that was ever really touched on. The only times that I really remember discussing it was in church (and I rarely ever paid attention to this). Despite this lack of contemplation, I have always known that

Black, White, Yellow And Brown - 909 Words

We are now in an age of colors with brown and yellow, not only the ancient divisions of black and white. Even though there are diverse people in the United States, it is totally absurd that if some people think America is a color-blind society. I used to think that colorblindness of black, white, yellow and brown was the only way to cut across the lines of racial equality issues. At that time, I was one of the supporters of color blind who think that â€Å"color blind† approach to the problems of racial inequality: The legal and political systems should simply ignore skin color and treat everyone the same† (172). Similarly, I believed that â€Å"Blind† refers treating individuals as equally as possible because people are blind to individual’s race, culture, and ethnicity. In this sense, colorblind society is another name of a society where everything is perfect and every individual is always happy, Utopia. On the other hand, I recently found out that color blindness might create or allow to persist entrenched discrimination while studying. In this respect, people put aside their differences. They are not only afraid of each other’s differences, but also do not want to recognize the difference. As the textbook stated, there are many differences between majorities and minorities. For example, white Americans are in a position of privilege. In other words, they have perceived the power of the privileged and the well off, unlike other racial minorities who are generally ignored by otherShow MoreRelatedThe Great Gatsby By F. Scott Fitzgerald951 Words   |  4 Pagesargument in the year of 2000 that Gatsby was a black man. Thompson explains his analysis and provides numerous facts from the â€Å"The Great Gatsby.† He shows how it is nearly impossible for an individual to say that Jay Gatsby was not a black man although he passes for a white man. Fitzgerald uses countless symbo ls throughout his novel, which can lead one to certainly agree with Thompson’s theory. Was Jay Gatsby a black man? Yes, Gatsby was almost certainly a black man. All of Thompson’s claims seem to beRead MoreEssay on Observations of Chemical Changes1398 Words   |  6 PagesAlso needed were, a piece of white paper, a piece of black paper, and the chemicals from the Observation of Chemical Changes Experiment Bag. For ever reaction, I wrote down the chemical combination, the well number, and my observations of the reactions against the white and dark backgrounds. Well#/Question | Chemicals | Reaction | A1/A | NaHCO3 amp; HCl - CO2 | The reaction with these chemicals, I had seen small white bubbles, both background white and black shows the same type of changeRead MoreThe Sound of a Hundred Feathers: The Symbolism of Richard Hooks Painting, Adoption of the Human Race748 Words   |  3 PagesRace, the main colors are a muted blue , a shading of yellow to dark brown ,black ,white and a secondary coloring of vibrant yellows and reds. The painting is that of Native Americans. In the Native American culture the color blue signifies wisdom and confidence. The chief is depicted in all blue. The color blue correlates with the role that is personified by the chief in the painting. The sky backdrop is black , black means strength. The black sky encases both the eclipsed moon and bolt of lightningRead More Color Blindness Essay752 Words   |  4 Pagescolors of the spectrum are able to be matched by mixtures of only three color sensitivities. Therefore, the huge variety of colors we see are a response to different compositions of wavelengths of light. The rods are responsible for encoding white and black.   Ã‚  Ã‚  Ã‚  Ã‚  Color blindness results when one or more of the cone cells fail to function properly. One of the visual pigments may be functioning abnormally, or be absent altogether.   Ã‚  Ã‚  Ã‚  Ã‚  There are several different types of color blindness, howeverRead MoreExp. Observation of Chemical Changes Essay1344 Words   |  6 Pages+ HCl|A2|Tiny bubbles formed around the edges. Under white paper it looked transparent, but under black paper there was some white in the middle. | B.|HCl + BTB|A3|The mixture turned yellow instantly. Under white paper the mixture was more of mustard yellow and under black paper it was less of a bright yellow. | C.|NH3 + BTB|A4|The mixture is a lighter royal blue under white paper and a darker royal blue under black paper. The mustard yellow would be an acidic indicator and the royal blue a basicRead MoreExperiment to Prove Light is Needed for Photosynthesis798 Words   |  3 Pagesso that the light doesn’t get to that area if the leaf. I will the test the leaf for starch using iodine solution and the areas that got expose to sunlight will have starch and will turn a dark blue or black colour. The area that had the tinfoil in on it will have no starch and stay a yellow brown colour. Article How Photosynthesis works (article 1) Photosynthesis is divided into two parts as it is a very complex process. In the first stage which is the light dependent stage where lightRead MoreCharacteristics Of A Red Orange1643 Words   |  7 Pagesred to yellow, instead of having equal parts of red and yellow it would be two parts red and one part yellow. b. Red-Violet - This can be made when trying to create the secondary colors by adding more red to blue, instead of having equal parts of red and blue it would be two parts red and one part blue. c. Yellow-Orange - This can be made when trying to create the secondary colors by adding more yellow to red, instead of having equal parts of red and yellow it would be two parts yellow and oneRead MoreInvention Exhibit Each Area732 Words   |  3 Pagesand wall text was mostly white with boarders of the section’s theme color and the texts in black. Many of the signs and wall pieces had objects (gears, headphone, and cystoscopes) printed into paper behind the pexiglass. The base of the case hold the artifacts were metal and the covering for the cases was made of glass. The Hartford section used dark orange, brownish orange, and lighter orange. The additional color used for signage and wall text where white with black text which made it easierRead MoreModern Art 1900-401588 Words   |  7 Pageshighly saturated yellow in the woman’s pants draws your attention to the middle of the painting were it displays the woman laying down holding a book. The distinctive lines and high to dark contrasted colors allows Leger to shows the woman’s body. From bright yellow, to shades of brown, and a dark emphasis in his lines, you can distinguish the separation of the pants and her upper body. The geometrical shapes in the woman’s body are outline by dark hues a rusty orange, ad brown. These tubular, bodyRead MoreThe Observation of Chemical Reactions984 Words   |  4 Pagescan be made. To properly observe the titrations move them between a dark background and a white background. a. NaHCO3 amp; HCI- bubbles form b. HCI amp; BTB c. NH3 (Ammonia) amp; 1 drop of BTB- record expected color amp; actual result. d. HCI amp; blue dye e. Blue dye amp; NaOCI. Record findings, then add 1 drop of HCI f. NaOCI amp; KI. Observe, then add 1 drop of starch. See starch turns black g.KI amp; Pb(NO3)2. Describe precipitate formed. h.NaOH amp; phenolphthalein. Observations

Gender and sexuality in popular music free essay sample

Without a doubt, popular music Is a primary, if not the primary, leisure resource in late modern society. Andy Bennett As Bennett (2001 ) implies, and as supported by the Kaiser Family Foundations study Generation mm, teenagers spend on average 2. 20 hours listening to music. Its importance lies not only in providing for a mass market but also its ability to reflect and express popular culture. The perpetuation of popular music to be able to serve as a timeline; the protest songs of the asss, the rock hits of the asss, the power ballads of the 1 cays, k-pop today. To only acknowledges the Issues of then, but also addresses, even if indirectly, the issues of todays society. This essay will attempt to explore the capital issue of gender and sexuality which encompass the notion of normality (what is assumed to be right and/or wrong) within popular music.This will be uncovered through gendered identities that will explain masculinity and femininity as enactments of transgression and identity and furthermore, the dominant Ideology of gender roles in romance which, using examples from modern day popular music, conveys the man as a pursuer of sex and woman as the pursued UT more interested in love and romance. We will write a custom essay sample on Gender and sexuality in popular music or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page These factors are dependent upon genre and will therefore also be discussed.The purpose of genre, according to Waller, is to organism the reproduction of a particular ideology. Gender, as defined by Christenson and Peterson, is central to the ways in which popular music is used and tastes are organized. The Irony suggested here reinforces that the same way we assume a system or structure that organizes genres Into coherent music groups, so can popular music be an Instrument of organelles Individuals and groups as part of a larger but prejudiced society.Herein, looking at the writings of Waller (1 993), Christenson Peterson (1988), and Mass (20121 1 will show how popular music can be transgression not only through the gender dynamics found specifically within the heavy metal and hip-hop genres but also how these influences come to shape perceptions for the perpetuation of gender and sexuality in society. To examine the ways In which popular music Is used as a way of addressing these Issues, the concepts of gender and sexuality must first be distinctly defined. According to Kemp (2013) sexuality is what you biologically are; male or female according to what your entails looks like.Gender, on the other side is nothing to do with male or female counterparts but the way you are taught to act. Understanding this, I will be addressing gender in the form of gender identities and sexuality through what society assumes and sometimes accuses, of both male and female sexes In popular music. Walkers (1993) approach to popular music In Forging Masculinity; focuses on heavy metal as a discourse shaped by patriarchy. The TV show The A-Team is presented as an example of the Ideal world without women, which allows for an interpersonal dependency among the members of a hero team that serves as a aquiline performance.Heavy metal promoted traditional notions of male power and the subordination of women and homosexuals. This can be supported by fact that men have historically and traditionally dominated culture and have been privileged by it (2008). However, it must be noted that heavy metal has also had a significant effect on gay communities (Gay Metal Society) women and primarily androgynous individuals which illustrates that not only has popular music, via metal, become a site for the perpetuation of what was assumed to be morally right but has also created these gendered identities by which they have come to be known by.Annals explains that masculinity, like popular music, has the inability to be stable, consistent or natural which produces the need for its constant reconcilement. The development of heavy metal is, I believe, an extension of these re-enactments, that led to the broadening appeal of heavy metal starting in the asss which under the influence of a broadened audience led also to a slightly less masculine culture of contemporary heavy metal.Notwithstanding, the 20th century saw a shift towards a more ballad-based musical style otherwise known as soft rock which at the same time attracted a greater female metal audience (Harrison, 2008). Androgyny (showing characteristics of both sexes, in this case particularly men) has also, now been understood, in the case of bands such as Poison, to be an act of dealing with the anxieties of masculinity. This portrays an important message of masculinity affecting men as much as women as men become oppressed by the models to which they are expected to conform.Not being able to conform to these gender boundaries blur the identity of a person in which stereotyping comes into play. This also demonstrates an important message about how modern day society operates and the normalization f those who do not meet the requirements of normalcy as Waller reports, Gender constructions in heavy metal music are significant because not only do they reinforce patriarchal ideologies but more importantly because popular music may teach us more than any other cultural form about the conflicts and bids for legitimacy that comprise cultural activity (p. 1 11).Secondly, to demonstrate the dominant ideo logy of gender roles in romance, here is an example that was posted up as a blob on the Feminist website of a typical contemporary song Trading Places by hip-hop artist Usher whose message reinforces the submission of women in bed: Goon pay for dinner take me to see a movie And whisper in my ear I bet you really want do me Girl now take me home and get me up in Benz Pour me a shot and force me to the bed Chorus) Im always on top, tonight Im on the bottom Coo we trading places En I cant take no more, tell me you anti stopping Now put it on me till I say (Oho wee) And tell me to shut up before the neighbors hear me This is how it feels when you do it like me En are trading places. male has ultimate power or dominance within a setting. In Mass study of Music, Sender Sexuality (2012), he claims that boundaries between gender and sex, the instructed and the natural are controversial. He cites Factual from the late nineteenth century who argued that homosexuality, then, marked an ontological shift from sexual acts to sexual identities.This expresses a significant relationship between both gender and sexuality and can therefore begin to explain reasons behind why certain identities I. E. masculinity are associated with the male figure. Ere dominant ideology of gender roles as the male a pursuer of sex, particularly Nothing popular music also derives from the traditional notion of male power; aquiline sexuality, in which Mass describes as the intensity of fleeting emotional contacts which proposes alternatives to the world of Work and obligation. This conveys a message of duty for the male figure to not only accomplish his sexual desire but to, as mentioned earlier, accomplish gender in the re-enactment of male cultur e for the constant reconcilement of masculinity in popular culture, through popular music.

Law for International Trade free essay sample

Because no terms in the contract or surrounding documents explicitly stated which governing law would be used it will be decided by the objective test. The most real and substantial connection is based on factors including the country in which the majority of the obligations under the contract are performed, e. g. manufacture, packaging, delivery; where the contract was formed, and what the currency of payment is. In this case the manufacture and packing is conducted in Australia, and the payment is in dollars and not yen, which would indicate the governing law is that of Australia. Under Australian law the rights and obligations of the parties are based on the contract, the Convention on International Contracts for Sale of Goods (CISG), and because Punked Jeans is based in Melbourne, the Goods Act 1958 (Vic) also applies. The CISG is an international sales code which attempts to balance the interests of the buyers and sellers. We will write a custom essay sample on Law for International Trade or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Countries can choose to become a signatory to the convention, which then acts as a net to hold terms not expressly covered by the contract. Both Australia and Japan are signatories to the CISG and so under CISG Article 1(1)(a) the CISG will apply to the contract. However there are exceptions where even if both parties have signed the CISG it still won’t apply. These exclusions are contained in CISG Article 2. In this case the exceptions aren’t applicable, and the parties haven’t explicitly excluded it (CISG Article 6), so the terms of the CISG will be enforced. Under CISG Articles 14-24 it can be shown that SurfLife and Punked Jeans entered into a legally binding contract. This contract contains the express terms, which is this case include the cost of the goods, the inclusion of CPT Incoterms 2010, the port of delivery (Osaka), the order amount and type, the due date, and the buyer and seller. The implied terms of this contract include the CISG provisions and the Goods Act (Vic) provisions. The CPT Incoterms which were set out as express terms in the contract detail the obligations surrounding the delivery and transportation of the goods that the buyer and seller have. Issue 1 – Lateness of Delivery: The first issue to be discussed is that of the late delivery, with the goods ordered to be delivered no later than the 1st of April, and arriving in Osaka on the 17th of April. If the goods were found to be delivered late it would be considered a breach of CISG Article 33. The time at which goods are considered to be delivered is determined by the CPT (Carriage Paid To) Incoterms. Under these Incoterms delivery is considered complete when the seller delivers the goods to the first carrier at the named place of shipment. As the goods were loaded onto the carrier on March 30th, delivery (which only required the goods to be unloaded at the place of shipment), was done before April 1st, therefore Punked jeans is not in breach of CISG Article 33. Issue 2 – Mouldy and Stained Jeans: The second issue in this case is that the delivered jeans were spoiled and mouldy. Prima facie the relevant laws are CISG Article 35, which specifies the seller’s obligations in providing conforming goods, and CISG Article 36, which specifies the seller’s liability for non conformity and the time risk passes, or occurs later as a result of a breach of obligations. Earlier it was shown that Punked Jeans did deliver the jeans, and therefore transferred the risk to SurfLife, at the point of delivery to the carrier, Feilong Transportation Company (Feilong). This means Punked Jeans has not breached Article 35 and 36 because the damage was caused after the goods had been delivered. Therefore Punked Jeans has no obligations to provide remedies for the mouldy and stained jeans and it would be up to SurfLife to make a claim against the carrier. Issue 3 – Incorrect Number of Jeans: The final issue between Punked Jeans and SurfLife is the incorrect number of jeans delivered. Punked jeans delivered only 14,000 pairs of jeans total, including 2,000 XXL size, which is double the amount that was ordered. Prima facie and incorrect number of jeans breaches CISG article 35, to provide conforming goods. As the goods were nonconforming when they were delivered to the carrier it would appear that Punked Jeans would be in breach. Feilong did provide a clean Bill of Lading, which indicates that they received the items in the correct condition, but since the Bill of Lading condition report only has to indicate the outward appearance of the items (i. e. the outside of the container the jeans were carried in), Punked would not be able to use this as evidence that the correct amount of jeans had been delivered, merely it would represent the correct amount of containers had been delivered and loaded. This means that Punked Jeans has indeed breached CISG Article 35(1), by delivering the incorrect quantity of jeans. This breach is likely to be considered a fundamental breach according to CISG Article 25 as SurfLife jeans has been substantially deprived of they were entitled to, receiving only 13,000 of the 15,000 pairs of jeans ordered. The extra 1,000 XXL jeans won’t be considered as making up some of the numbers as they are not useable by the company. Remedies: Under CISG Article 45 the buyer has a series of remedies available if the seller fails to perform any of his obligations. These include rights in Articles 46-52, and damages from 74-77. Remedies for the incorrect number of jeans that may be sought by SurfLife against Punked Jeans, in accordance with Article 25 (Fundamental Breach) and Article 51, include: delivery of substitute goods (Article 46), additional time period for delivery (Article 47), providing a self-correction remedy at Punked Jeans’ own expense (Article 48), declare the contract avoided (Article 49), or reduce the price paid for the goods (Article 50). The best course of action in order to remedy matter is to reduce the price the Punked Jeans charges for the goods by the amount of the missing jeans. This is because the demand for the jeans has passed, which makes Articles 46 and 47 ineffective; only part of the package hadn’t been delivered, making Article 49 ineffective; and a self-correcting remedy adds additional expense to Punked Jeans, as opposed (Article 48), as opposed to Article 50 which simply results in a lower income to Punked Jeans. However, SurfLife can still claim damages under CISG Articles 74-76. SurfLife can claim damages including loss of profits (Article 74), and the costs of purchasing replacement goods (Article 75). Unfortunately for Punked Jeans, SurfLife were smart enough to preserve the goods rejected for non-conformity (the extra XXL jeans), as under Article 86 if they hadn’t have kept them then they would not have a claim for the extra jeans. Conclusion: The result for Punked Jeans is that they are likely to have to reduce the price paid for the goods by 2,000 pairs of jeans, as well as providing damages for the loss of profit the SurfLife would have received from selling those jeans. In regards to the late delivery and mouldy and stained jeans SurfLife will have no claim against Punked Jeans. Part B: The main issues in the case are the late delivery, the incorrect number of jeans, and the mouldy and stained jeans. In order to determine the rights and obligations of Feilong Transportation Company (Feilong), and any resolutions available, there are a number of steps to be taken. What are the governing laws of the case? The governing laws in this case are the Carriage of Goods by Sea Act (COGSA) Section 11(a) which states that all carriage of goods from an Australian port to an overseas port select Australian law as the governing law. Section 10(1)(b)(i) states that the Modified Hague-Visby Rules (MHVR) apply in accordance with Article 10 of the MHVR. Under Article 10(1) of the MHVR the rules of the MHVR apply to outbound carriage of goods from Australia. The other laws applicable in this case are the CPT Incoterms, which were expressly defined in the contract. Can the buyer sue the carrier? In Australia law there is a general principle called the privity of contract. This means that the contract is enforceable as between parties in a contract only. This impacts the rights and obligations of Feilong to SurfLife and the carriage of the goods to Osaka was organised by a contract between Punked Jeans and Feilong (based on the CPT Incoterms) not between SurfLife and Feilong. Under the privity of contract principle it would then not be possible for SurfLife to sue Feilong. As seen in Part A the only claim SurfLife can have against Punked Jeans is for the incorrect number of jeans delivered. Section 8 of the Sea-Carriage Documents Act 1998 (Vic) allows for the transfer of rights under a contract of carriage to the successive holders of the Bill of Lading. Under section 10 the liabilities are also transferred in the process. This allows for SurfLife to sue Feilong as the holder of the Bill of Lading whilst the carriage was being made. A second important factor in the ability for SurfLife to sue Feilong is based on the MHVR. Under the Hague or Hague-Visby regulations a carrier would only be responsible under the rules from tackle to tackle, meaning from the loading to the unloading of the goods and no further. As the damage in the case occurred when loading the container on a truck to be delivered to the ship this damage would not have come under the carrier’s responsibility. Since the goods had been delivered it would not have come under the seller’s responsibility either and so SurfLife would have to cover the damages themselves. Under the MHVR Article 1(3) the responsibilities of the carrier extend port to port, meaning from delivery to the port until they are picked up from the port. This means the SurfLife is able to sue Feilong for any breaches that occurred after the goods had been delivered. A third important factor in who SurfLife sues is that they correctly identify he carrier, else the case will not succeed and they may lose the right to sue under MHVR Article 3(6) (discussed later). To find this out SurfLife should consult the Bill of Lading. Issue 1 – Late Delivery: In Part A it was established that delivery, according to the contract between SurfLife and Punked Jeans, was within the legal time period. However, MHVR Article 4A(2)(b) states that if the carriage contract (the contract between Punked Jeans and Feilong) does not spe cify a delivery date to the port of destination then a reasonable time period based what a diligent carrier would perform. This would result in Feilong being liable for the loss caused by the delay, which could include SurfLife’s costs of hiring trucks and getting employees to work overtime, as well as lost profits. Feilong’s defence would to argue MHVR Article 4A(3)(e) in which the carrier is excused from liability if it is for the purposes of saving human life or aiding a ship in distress. As well as this MHVR Article 4(4) states that any deviation as a result of saving or attempting to save life at sea will not be considered a breach of the rules, and the carrier will not be liable for any damages as a result therefrom. The end result would be that Feilong would not be responsible for any losses caused by the delay. Issue 2 – The Incorrect Number of Jeans: The second issue for Feilong is the incorrect number of jeans delivered. In Part A it was found that a clean Bill of Lading is indicative of the goods being received in correct condition, but as was pointed out this only applies to the external appearance of the goods, i. e. the outside of the container. As this was indeed in good condition Feilong has fulfilled its duty to receive and deliver the correct amount of packages, and therefore in his case would not be found liable for the missing pairs of jeans. Issue 3 – The Mouldy and Stained Jeans: The final issue is that of 5,000 pairs of jeans (100 boxes each containing 50 pairs of jeans) were delivered mouldy and stained. Prima facie Feilong is in breach of MHVR Article 3(2), which requires the carrier to take proper care of the cargo. As discussed earlier under the MHVR Article 1(3 ) the goods were considered to be in Feilong’s possession at the time they fell on the ground in the rain. Under MHVR Article 4 carriers aren’t liable when damage results from a list of exemptions. In this case it is possible that Feilong could argue MHVR Article 4(2)(n), insufficiency of packing. Feilong could argue that Punked Jeans hadn’t packed the product properly and that the plastic packaging burst when it shouldn’t have. There is evidence in the case that the goods were properly packaged and so this exemption would not be applicable. Feilong may be able to make the claim that the jeans would have been in a reasonable condition had they not had to deviate, due to there being less time for them to go mouldy. This would come under MHVR Article 4(4) or MHVR Article 4(2)(l) as the extra time was the result of saving life at sea. However, the damages are unlikely to be considered ‘arising’ or ‘resulting’ from this action, as the rules require, and so would not apply. Even if one of these exemptions were to be found applicable Feilong can still be found liable if the underlying cause of the damage is Feilong’s failure to exercise proper care in carrying out its fundamental duties in MHVR Article 3(2). It is therefore likely the Feilong will be found in breach of MHVR Article 3(2) for failing to take proper care of the goods. Damages: In the Bill of Lading there is a clause for the carrier not to be liable for any loss or damage arising from delay, and limiting liability to US$100 to a single shipper, however caused. Under MHVR Article 3(8) any clause or agreement in the contract of carriage that limits the liability of the carrier for failure in the duties and obligations in the MHVR is considered null and void. This means that these clauses aren’t applicable, even though they are expressly stated in the contract. The maximum damages Feilong will be responsible for is declared in MHVR Article 4(5)(a). If the value of the jeans was declared on the Bill of Lading then that value could be used, else the maximum amount the carrier would be liable for is 666. 67 units of account per package, or 2 units of account per kilogram. A unit of account is defined by MHVR Article 4(5)(d) as a Special Drawing Right as defined by the IMF. The rate as of 21/09/11 is US$1. 57. The definition of a package was determined in El Greco (Australia) Pty Ltd v Mediterranean Shipping co SA [2004] FCAFC 202 (PM3. 84) as being the amount stated on the Bill of Lading. In this case the Bill of Lading stated 1 container of jeans, which would means that the maximum damages, based on the number of packages, is 666. 67 * 1. 57 * 1 which is US$1,046. 67. The weight of the jeans is not mentioned, so unless this was contained on the Bill of Lading it couldn’t be used. Feilong may have a claim under MHVR Article 3(6) which requires notice to be given to the carrier of any damage within 3 days of removal of goods. If SurfLife did not provide notice then they would not be able to make a claim against Feilong. In conclusion Feilong is unlikely to be found liable for the delay in shipping, and the inadequate number of jeans. They are likely to be found liable under the MHVR to be in breach of Article 3(2) to take proper care of the goods. The exemptions listed in Article 4(2) will not be applicable, and so they will have to pay damages according to Article 4(5). The result is that Feilong will have to pay US$1,046. 67 in damages to SurfLife. Part C: The relevant laws would be much different if the goods were shipped from a manufacturing complex in Singapore. Although the cases would not be the same as determining the governing law in Australia, Singapore is based on the English common law system, and so would have a similar method. This would likely result in the governing law of Singapore being used. Singapore is a signatory to the CISG, however they did opt out of Article 1(1)(b), whereby the use of international private law could not lead to the application of the CISG. As both Japan and Singapore are signatories than Article 1(1)(a) applies, which still results in the CISG being applied. Punked Jeans would therefore still be liable for the missing jeans. Under FCA Incoterms the seller is responsible for the carriage, risk, and costs of the goods up until the goods are unloaded at the port where they are to be shipped from. This means the carriage would have been organised by SurfLife, and so SurfLife would have the contract with Feilong. SurfLife would not have to get around the privity of contract laws to sue Feilong for the damaged goods. The final difference is that Singapore has ratified the Hague-Visby Rules (HVR), not the MHVR that Australia has. The HVR states that the carrier is only responsible from tackle to tackle, from the loading to the unloading of the goods.

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Case study Essay Example | Topics and Well Written Essays - 1750 words - 17

Case study - Essay Example Globalization in the film industry can be approached from four main categories as discussed by Lorenzen (2008). He enumerates these approaches as being globalization of involvement in film-making, film consumption, film production and organization of film making. Globalization involvement in film-making is characterized by a rapid growth in the number of feature films that hit the market, either for TV, cinema or exhibition. For instance, Lorenzen observes that India and China have considerably experienced steady growth in the film industry, a situation backed by their respective growth in purchasing power and investment in the industry. The rise of global consumer taste the world over characterizes globalization in consumption. Lorenzen notes that apart from continuous expansion of the global market, the ease with which producers can reach the prospective market has also improved. The advantage that comes with this phenomenon is that products can be released simultaneously to global audiences on a good number of national markets. This consumption globalization is immensely boosted by such quick distribution and exhibition platforms as internet, Satellite TV and DVDs. India and Japan have been noted to be more aggressive in adopting new technological distribution means compared to Hollywood. Cross-border co-production of films is what marks production globalization. Even though this practice has been around for some time, it has recently witnessed a great surge, with most films from US, Canada, Asia, and Europe involving cross-border production. India, due to is conservative nature, is yet adopt cross-border co-production, hence the relatively low external market share for its films. The final aspect of globalization is global organization, characterized by the advent of global corporations. With the onset of internalization, Lorenzen observes that most Hollywood