Existentialism in Samuel Becketts Waiting for Godot Essay...

Existential philosophy became prevalent in the twentieth century as a symbol of the destruction of culture and tradition following World War II, asserting the hopelessness of humanity and focusing on life in a more honest but pessimistic manner than other socialistic philosophies. The philosophy recognizes the fact that humankind is capable of great evil and has limitless possibilities, yet this is a curse rather than a blessing: we are condemned to be free and are thus held accountable for our actions. The ludicrousity, however, is found in the existentialist belief that life has no purpose, and while the choices that we make are irrelevant on grand scale, they ultimately influence our self-definition. Jean-Paul Sartre postulates that†¦show more content†¦Beckett?s characters constantly suffer as a direct result of this inability to understand: they ponder repenting about what Proust calls ?the sin of being born? and make references to Christ?s suffering: ?Vladimir: What?s Christ got to do with it? Estragon: All my life I?ve compared myself to him ?. And they crucified quick!? (Beckett 57) While Estragon?s reference to the crucifixion displays his sympathy towards human deterioration, it also implies that while Christ?s suffering was relatively short, life is a long struggle. In Proust?s understanding, to be born is to be a sinner, and thus man is condemned to suffer despite any choices he makes. Beckett?s pessimism is understandable, as he lived through two World Wars fighting in the second against the Nazis. Inevitably, he would have witnessed the horrors of war and the pointlessness of violence, waiting helplessly during the war for something to happen ? a long suffering compared to Christ?s untimely death. Beckett was clearly synonymous with the belief that death is the only certainty and salvation is never a guarantee. In the same approach, Sartre states that we live in a world of freedom and ontological responsibility where there are no certainties. Realization of uncertainty is impossible without self-awareness, and anxiety results from the recognition due to t he fact that the individual is surroundedShow MoreRelated Sartre’s Existentialism in Samuel Beckett’s Waiting for Godot1572 Words   |  7 PagesSartre’s Existentialism in Samuel Beckett’s Waiting for Godot Critics often misunderstand the quintessence of Sartre’s philosophy. Jean-Paul Sartre, in his lecture â€Å"Existentialism is Humanism,† remarks that â€Å"existence precedes essence† (2), that is, man first materializes and then searches for a purpose – an essence. Samuel Beckett, through his play Waiting for Godot, affirms Sartre’s core argument. Misinterpreting Godot, critic Edith contends that it differs fundamentallyRead More Samuel Becketts Waiting for Godot: Existentialism and The Theatre of the Absurd2530 Words   |  11 Pagescentury, existentialism. This philosophy can clearly be seen in everyday life as well as in theatrical movements in the past and present. By examining the works of Samuel Beckett, evidence of existential thinking will be brought forward proving the progress of this philosophical movement. It will illustrate how existentialism has influenced Beckett, especially through his play, Waiting for Godot. The Theatre of the Absurd is another theatrical concept being examined proving that Samuel BeckettRead More Existentialism in Albert Camus The Plague and Samuel Becketts Waiting for Godot945 Words   |  4 PagesAll of the characters in The Plague and Waiting For Godot exist in their fictional worlds. However, none is able to explain why. Neither work gives the reader an explanation of human existence except to say that humans exist. Providing an answer to the question of existence would constitute a paradox. To an existentialist, if you answer the question, then youve missed the whole point. Existentialism is a philosophy that emphasizes the uniqueness and isolation of the individual experience inRead MoreThoughtful Laughter in Beckets Waiting for Godot1199 Words   |  5 Pages Awakening Thoughtful Laughter in Samuel Beckett’s Waiting for Godot Samuel Beckett’s use of humor can be seen throughout his repertoire of work, ranging from the exaggeratedly tragic lives of the two characters in Rough for Theater I to the mechanical prodding that is required to rouse the characters in Act Without Words II. The humor in Beckett’s work is given dimension by the fact that it addresses morbid themes such as death, poverty, suffering, and the crushing despair and apathy thatRead MoreBeckett vs Satre2361 Words   |  10 PagesCompare and contrast Sartre’s No Exit with Beckett’s Waiting for Godot. Samuel Beckett’s vision of two lowly tramps in the middle of a derelict environment can be placed in direct contrast to the claustrophobic and eternal nightmare presented by Jean-Paul Sartre , but each playwright possessed objectives for their respective audiences and each shared a valued opinion on the theories of existentialism which can be established in the plays Waiting for Godot and No Exit. Beckett introduces the audienceRead MoreOverview of Three Interpretations of Samuel Becketts Waiting for Godot3226 Words   |  13 Pages Samuel Beckett wrote Waiting for Godot between October 1948 and January 1949. Since its premiere in January of 1953, it has befuddled and confounded critics and audiences alike. Some find it to be a meandering piece of drivel; others believe it to be genius. Much of the strain between the two sides stems from one simple question. What does this play mean? Even within camps where Waiting for Godot is heralded, the lack of clarity and consensu s brings about a tension and discussion that has lastedRead MoreWaiting for Godot Essay1096 Words   |  5 PagesWho is Godot and what does he represent? These are two of the questions that Samuel Beckett allows both his characters and the audience to ponder. Many experiences in this stage production expand and narrow how these questions are viewed. The process of waiting reassures the characters in Becketts play that they do indeed exist. One of the roles that Beckett has assigned to Godot is to be a savior of sorts. Godot helps to give the two tramps in Waiting for Godot a sense of purpose. Godot is anRead MoreSummary Of The Room And Waiting For Godot 952 Words   |  4 PagesLaurin Neely Professor Matthew Byrge English 2030-14 22 September 2015 Samuel Beckett and Harold Pinter Absurd Influences in Theatre There are a wide variety of theatrical movements that have occurred over time. One of these includes the theatre of the absurd. Theater of the absurd refers to the literary movement in drama popular throughout European countries from the 1940s to approximately 1989. A definition of the term absurdism is referred to a literary and philosophical movement that flourishedRead MoreSamuel Beckett : Theatre Of The Absurd And Beckett s Use Of The Literary Concept1071 Words   |  5 PagesSamuel Beckett: Theatre of the Absurd and Beckett’s Use of the Literary Concept Samuel Beckett’s works revolve around human despair and surviving in hopeless situations. His very first critical essay was Finnegans Wake. Much of his work is inspired by French philosophers. One of the most influential philosophers on Beckett was Descartes. Samuel Beckett gained his claim to fame in the writing community when he introduced the concept of absurdity, nihilism, and human despair to find the meaning ofRead More Brendan Behan’s The Quare Fellow and Samuel Beckett Essay1845 Words   |  8 PagesBrendan Behan’s The Quare Fellow and Samuel Beckett Existential works are difficult to describe because the definition of existentialism covers a wide range of ideas and influences almost to the point of ambiguity. An easy, if not basic, approach to existentialism is to view it as a culmination of attitudes from the oppressed people of industrialization, writers and philosophers during the modern literary period, and people who were personally involved as civilians, soldiers, or rebels during

The Decision Making Process Whitney Noonan - 2267 Words

The Decision Making Process Whitney Noonan Columbia College Introduction The decision making process includes cognitive processes that eventually lead to a choice in action while taking into consideration the alternative possibilities (Allen, Dorozenko, Roberts, 2016). Not all choices have to lead to an action. The values and preferences of the person making the choice also comes into play when making the final decision. Problem-solving to obtain a certain goal or satisfactory by a solution is the main reason people go through the decision making process (Stefaniak, Tracey, 2014). This process has many factors that end with one final result or solution. The decisions made can be rational or irrational and can be determined by explicit or tacit knowledge (Qingyao, Dongyu, Weihua, 2016). Since the decision making process can be very difficult at time, psychologists have viewed the process in different perspectives to get a better understanding (Rossi, Picchi, Di Stefano, Marongiu, Scarsini, 2015). The different perspectives include; psychological, cogni tive, and normative or communicative rationality. Steps The decision making process follows the same steps every time a decision is made. The first step is to analysis the problem presented thoroughly (Rossi, Picchi, Di Stefano, Marongiu, Scarsini, 2015). Questions such as; what is the problem?, and why should the problem be solved? May need to be answered before the person engages in the

Othello and Iago Free Essays

In the 21 st century everything has become more visualized. The books do not have the same power as they used to have in the previous centuries. Nowadays, many books or written stories have been made into screen adoption . We will write a custom essay sample on Othello and Iago or any similar topic only for you Order Now William Shakespeare wrote Othello the Moor of Venice to be performed. There are more than fifty movies, ballet performances and musicals about Othello. Each of them is different and shows a director’s unique perspective. What is it about this piece that makes people perform it so many times? In each generation people are trying to visualize the immortal theme of how manipulation and jealousy can change people’s lives. For example, in the movie Othello (1995) Oliver Parker contradicts with the text and shows the audience his view and understanding of the literary text. In the movie Othello (1995) with Laurence Fishburne, Parker, the director, uses actor’s performance, symbolic scenes and decor to help the audience emotionally understand the text. Parker’s production of the movie is very close to the original play. He uses the same language and wording, but visualization and his perspective of the play helps the audience experience empathy towards characters. For example, in the text Desdemona’s father describes her, â€Å" A maiden never bold / of spirit so still and quiet that her motion blushed at herself †(I. III . 94-96). In the movie the actress is young, beautiful and seems very innocent. Othello is described in the text as an exotic character, who shows an animalistic side. Roderigo says about Othello, â€Å"To the gross clasps of a lascivious Moor / †¦An extravagant and wheeling stranger†. (I. I. 126, 136). When Iago talks to Brabantio and tries to convince him that his daughter is with Othello he compares Othello to an animal. Iago says, â€Å"You’ll have your daughter covered with a Barbary horse†. I. I. 112). Or he also says, â€Å"Your daughter and the Moor are now making the beast with two backs† (I. I. 116). In the movie Othello has an intimidating appearance. He has pierced ears, wears jewelry and has tattoos. The right casting of characters helps to reveal them and grow parti cular attitude towards these characters in the movie. The audience when looking at beautiful and young Desdemona will most likely take her side and have compassion towards her. In contrast to Desdemona, Othello is more brutal and reveals bellicosity and rigidity. In the text Shakespeare describes Othello as a great warrior, who has suffered a lot. He doesn’t know much about love or peaceful life without battles. Othello says about himself: â€Å"Rude am I in my speech, / and little blessed with the soft phrase of piece†¦ The story of my life / from year to year-the battles, sieges, fortunes / that I have passed†¦ (I. III. 81-83, 129-131). This describes Othello as unexperienced, impulsive person, who is more used to violence than love. In the text when Iago tells Othello that Desdemona is not honest with him, Othello burst out at Iago: â€Å"Be sure of it; give me the ocular proof; or, by the worth of mine eternal soul, thou hadst been better born a dog than answer my waked wrath! (III.. III. 361-364). Othello is jealous of Desdemona but because he has no proof of it, he works his anger on Iago. In the movie Parker introduces a scene where Othello tries to drown Iago in the sea to emphasize Othello’s anger. Another scene where Othello shows his violence is when he slaps Desdemona across her face. One thing that can explain Othello’s inability to control anger and be violent is that he is left without his duty. He was send to Cyprus to defend people from the Turks but the war has never happened because of the storm that killed the Turks. Othello is left with himself, his thoughts and relationships with Desdemona. Marriage is a new experience to him, he does not know how to behave. Othello doubt his decision of getting married to Desdemona. He says, â€Å"Why did I marry? †¦O curse of marriage, / That we can call these delicate creatures ours, / and not their appetites! † (III. III. 242, 268-270). He is not used to a peaceful life, but violence and anger. Iago is using Othello’s frustration and strategy to convince Othello in Desdemona’s unfaithfulness. In the movie Parker makes Iago talk to the audience that helps develop and understand his plan, how is going to implement it. His ideas are clear and make sense, but audience still doesn’t know how the other characters will react to it and whether he will be successful or not. Parker leave that to the last scene when wounded Iago lies on the dead bodies of Othello, Desdemona and his wife. In this production Parker chooses and correctly considers the historical element by using the medieval costumes corresponding to that time, settings and decor of Venice with old buildings and canals with gondolas. However, he adds couple scenes that changes the audience’s perception of the text. In the beginning of the movie the audience see a couple in the gondola. The man covers his face with a mask, and then the young woman runs on the empty streets of Venice covering her face. This shows the audience that this couple are involved in some kind of a secret. Parker uses a cliche of a secret relationship by making the first scene happened at night, covering man’s face with a mask. This scene intrigues the audience and make it believe that this could be a love story movie. Compare to the text where Iago and Roderigo are the first ones to be presented in the text. They talk about how Iago didn’t get position of the lieutenant and how both of them hate the Moor. Iago says: â€Å"Were I the Moor, I would not be Iago. / In following him, I follow but myself; / Heaven is my judge, not I for love or duty, / but seeming so, for my peculiar end;†(I. I. 58-60). Only in the middle of the act I scene I, readers understand that Brabantio’s daughter secretly got married to the Moor and that is how Iago and Roderigo can use this against him. Iago says: â€Å"I m one, sir, that comes to tell you your daughter and the Moor are now making the beast with two backs†. (I. I . 116-117). Parker’s deviation from text catches the viewers attention better than just dry talks of Iago and Roderigo. Another movie innovation is when Parker makes Othello dream about Desdemona and Cassio being together. This emphasizes how much Othello is moved by that news. In the text Shakespeare makes Othello fall into epilepsy instead. Parker is also using symbol of the handkerchief. The symbol of handkerchief is important in the play. Othello gives special power to it. He says: That handkerchief Did an Egyptian to my mother give. She was a charmer, and could almost read The thoughts of people. She told her, while she kept it, Twould make her amiable and subdue my father Entirely to her love; but if she lost it Or made a gift of it, my father’s eye Should hold her loathed, and his spirits should hunt after new fancies. †( III. IV.. 50-58). In the movie Parker makes the handkerchief fly or fall on the black background in a slow motion. By doing so, he shows the audience the end of Othello and Desdemona’s love and predicts their death. Another symbolic scene that Parker introduces into the movie and doesn’t exist in the text is when Iago stands next to a pit and makes two figures that represent Othello and Desdemona fall into that pit. Parker compares Othello and Desdemona to the figures on the chessboard that were played and manipulated by Iago. Basically, he says that all that it was just a tactical game. He though connects that scene to another scene when Othello’s and Desdemona’s bodies are dumped to the sea. This parallel shows the audience hopelessness of the situation. This symbolic scene with figures explains how Parker understands parallels and hidden tips shown in the play. Shakespeare uses words and repeats phrases in the text to predict the end and guide the reader through the play. For example, in the text when Brabantio says to Othello, â€Å"Look to her, Moor, if thou hast eyes to see: / She has deceived her father, and may thee. † (I. III. 291-292). Othello responds to him, â€Å"My life upon her faith! † (I. III. 294). Later in the text, Iago mentions it again to Othello. He says, â€Å"Look at your wife; / wear your eyes thus, not jealous nor secure†¦ She did deceive her father, marrying you;( III. III. 197, 198, 206). At the end of the play Othello does exactly what he said before- he gives his life upon Desdemona’s faith and kills himself. Movies that are based on the plays or the books are showing the audience only one perception of that play or book, which is presented by the point of view of the director. Talented directors know that it is very hard to present the correct idea better than the original text. However, by making minor changes such as introducing symbolic scenes, choosing the right actors or the appropriate decor, the movie can guide the audience to a better understanding of the play. It can also help to develop new interpretations of the text. How to cite Othello and Iago, Papers Othello and Iago Free Essays Iago has a reputation for honesty, for reliability and direct speaking. Othello and others in the play constantly refer to him as â€Å"honest Iago. † He has risen through the ranks in the army by merit and achievement, and Othello, whose military judgment is excellent, has taken him as  ancient  (captain) because of his qualities. We will write a custom essay sample on Othello and Iago or any similar topic only for you Order Now In Iago, Shakespeare shows us a character who acts against his reputation. Possibly Iago was always a villain and confidence trickster who set up a false reputation for honesty, but how can one set up a reputation for honesty except by being consistently honest over a long period of time? Alternatively he might be a man who used to be honest in the past, but has decided to abandon this virtue. Shakespeare has built the character of Iago from an idea already existing in the theatrical culture of his time: the Devil in religious morality plays, which developed into the villain in Elizabethan drama and tragedy. Iago says (I. 1, 65) â€Å"I am not what I am,† which can be interpreted as â€Å"I am not what I seem. † But it is also reminiscent of a quotation from the Bible which Shakespeare would have known: In Exodus, God gives his laws to Moses on Mt. Sinai, and Moses asks God his name. God replies: â€Å"I am that I am† (Exodus, iii, 14). If â€Å"I am that I am† stands for God, then Iago’s self-description, â€Å"I am not what I am† is the direct opposite. Iago is the opposite of God, that is, he is the Devil. Iago in this play, has the qualities of the Devil in medieval and Renaissance morality plays: He is a liar, he makes promises he has no intention of keeping, he tells fancy stories in order to trap people and lead them to their destruction, and he sees other’s greatest vulnerabilities and uses these to destroy them. Iago does all this not for any good reason, but for love of evil. Iago is surrounded with bitter irony: he is not as he seems, his good is bad for others, people repeatedly rely on him, and he betrays them. He likes to have others unwittingly working to serve his purposes. But for all this, as his plot against Othello starts moving and gathering momentum, he loses control of it and must take real risks to prevent it from crashing. Iago is a man with an obsession for control and power over others who has let this obsession take over his whole life. Necessity forces his hand, and, in order to destroy Othello, he must also destroy Rodrigo, Emilia, Desdemona, and ultimately himself. The one man who survived Iago’s attempt to kill him, Cassio, is the only major character left standing at the end of the play. For someone to constantly lie and deceive one’s wife and friends, one must be extremely evil or, in the case of Iago, amoral. In every scene in which Iago speaks one can point out his deceptive manner. Iago tricks Othello into believing that his own wife is having an affair, without any concrete proof. Othello is so caught up in Iago’s lies that he refuses to believe Desdemona when she denies the whole thing. Much credit must be given to Iago’s diabolical prowess which enables him to bend and twist the supple minds of his friends and spouse. In today’s society Iago would be called a psychopath without a conscience not the devil incarnate. Iago also manages to steal from his own friend without the slightest feeling of guilt. He embezzles the money that Rodrigo gives him to win over Desdemona. When Rodrigo discovers that Iago has been hoarding his money he screams at Iago and threatens him. However, when Iago tells him some fanciful plot in order to capture Desdemona’s heart Rodrigo forgets Iago’s theft and agrees to kill Cassio. Iago’s keen intellect is what intrigues the reader most. His ability to say the right things at the right time is what makes him such a successful villain. However, someone with a conscience would never be able to keep up such a ploy and deceive everyone around him. This is why it is necessary to say that Iago is amoral, because if you don’t his character becomes fictional and hard to believe. At the climactic ending of the play, Iago’s plot is given away to Othello by his own wife, Emilia. Iago sees his wife as an obstacle and a nuisance so he kills her. He kills her not as much out of anger but for pragmatic reasons. Emilia is a stumbling block in front of his path. She serves no purpose to him anymore and she can now only hurt his chances of keeping the position he has been given by Othello. Iago’s merciless taking of Emilia’s and Rodrigo’s lives is another proof of his amorality. | How to cite Othello and Iago, Essay examples

International Business Law

Questions: 1. a) Outline and discuss each partys likely legal rights and liabilities in relation to the first and second shipments by reference to Australian law and where applicable referring to the CISG.b) Would Sino Steel be entitled to terminate the remainder of the contract the April 2016 instalment and if so what consequences would follow?2. a)How might the parties best cooperate?b)Assuming that only the false certificate issued and that alternatively only the incorrect letter of credit issued, what would be the respective innocent partys legal rights?3.Outline and appraise the applicable GATT/WTO, bilateral and regional free trade agreement (AANZFTA), and WTO sanitary and phytosanitary (SPS) Agreement sourced rules which govern the Australia-Philippine banana trade and consider whether Australia can rely on strict SPS quarantine rules to discourage imports. Answers: 1. a) The General Rights and Obligations of Parties The Convention places a duty on any seller to avail the goods, provide the stipulated documents in relation to these goods and finally to hand over property in the goods upon completion of the contract (CISG, Art. 31). Additionally, the seller is obliged to deliver the goods in the quality and quantity described in the contract of sale (CISG, Art.35). In order to ensure the provisions with regard to quality and quantity are met, the Seller it required to inspect the goods prior to packaging or sealing them in the container as provided by the Convention. With the regard to the buyer, the general obligations include the duty to pay for the goods and the duty to take delivery as provided by Article 53 of the CISG Convention. Payment of goods constitutes undertaking the required formalities to facilitate payment such as applying for a letter of credit. Consequently, failure to adhere or fulfil either of the above obligations would constitute a breach of contract(Clayton Steven, 2016). However, the law provides for certain circumstances under which a party would be exempted from liability (United Nations Commission on International Trade, 1980). The First Shipment The first shipment, in February 2016, was characterised by a delay with the letter of credit at the sellers bank and a delay in shipment of the goods from the seller to the buyer. The issues arising based on this delay are first, whether a delay with the letter of credit constituted a lack of performance on the buyers part and secondly whether the delay in shipment gave rise to any liabilities against the seller. Letters of Credit A letter of credit is, usually, an irrevocable committal of a banking institution expressed to the seller on the buyers behalf expressing a promise to pay a certain sum upon the receipt of goods or items for sale(Richard, et al., 2012). The buyers bank issues a letter of credit in the sellers favour which is communicated through the sellers bank (Justin Bernard, 2014). Denning LJ illustrated the significance of letters of credit by stating that they assure the seller of payment upon delivery of goods and presentation of required documents and similarly ensure that payment is not made until the goods as described in the contract are delivered thus protecting the interests of both parties (Pavia Co. SpA v Thurmann-Nielson, 1952). In most cases, the application for a letter of credit is treated as a pre-requisite to the conveyance of goods and as such without it, a seller is not obliged to perform his duties as per the contract (Indira Stone, 2013). Letters of credit enjoy autonomy f rom the sales contract as illustrated in Maurice OMeara Co v National Park Bank of NY (1925) but are subject to the doctrine of strict compliance in that any documents presented to request payment should be in line with the descriptions provided in the letter of credit (Richard, et al., 2012). Additionally, Art.27 of the CISG provides that where either of the parties requires communication to be made with regard to the sale of goods, any delay or error encountered in transmitting this communication, where the appropriate measures have been taken on the senders part, will not disentitle the sending party from relying on the information. This is to say, that where errors occur but a party has done their part to ensure communication has passed, failure in transmission will not render them to have failed in performance. In the case study provided, there was a 14-day delay in receipt of the Letter of Credit at Queensland bank. The delay was however as a result of the errors at the sellers bank. The buyer had neither failed to apply nor send the letter of credit. From the discussion above, it can be adduced that where a letter of credit is a pre-requisite to performance and it is not applied for or issued, then the seller is not obligated to commence performance and the contract can even be avoided. However, the provision in Art.27 excludes the buyer, Sino Steel, from any liability because the delay in communicating the Letter of Credit was not as a result of their failure to perform their obligations but a failure in transmission by the sellers bank. The CISG seeks to unify as well as promote international trade, and as such, it provides for the extension of time to allow for the application and subsequent receipt of letters of credit or any other documents required to facilitate trade. Delay in Shipment A delay in shipment amounts to a delay in performance of the contract by the seller. The legal issue arising from the delay is the effect it will have on the contract and the legal rights available to the aggrieved party as a result of the delay. Art.33 of the CISG imposes an obligation on a seller to deliver goods within the time frame outlined by the contract. Failure to deliver subsequently constitutes a failure to perform. Where the seller fails or delays in performance, a buyer is open to a variety of remedies. Firstly, they may choose to allow additional time to facilitate performance, secondly they may file a claim for damages resulting from the losses suffered, they may also request a renegotiation in price by way of a discount or opt to avoid the contract where they find the losses suffered from the delay a fundamental breach of the contract(United Nations Commission on International Trade, 1980). In the scenario provided Sino Steel is entitled to all these remedies with regard to the delay in shipment by Ferrum Co. in February 2016. However, as the shipment was received, should Ferrum Co. decide to avoid the contract, they would still be obligated to pay for the goods they accepted. The Second Shipment The issues arising from the second shipment are whether the delay in loading, caused by flooding, led to any breach of performance on the sellers part. This will be decided by analysing force majeure and the rights and liabilities of parties to a contract with regard to frustrating events. The second shipment was also marred by error which led to the transportation of an inappropriate iron ore quality to the buyer. This error gives rise to the issue of conformity, inspection and certification which are obligations set out in law that a seller is to comply with while performing his end of a contract. Frustrating Events Under English Common Law, which is applied in Australia, frustration occurs where a contractual obligation cannot be executed, without either partys interference, as performance under the available circumstances would technically constitute a breach (Davis Contractors Ltd v Fareham Urban District Council, 1956). According to Viscount Simon LC in Joseph Constantine Steamship Line Ltd v Imperial Smelting Corp. Ltd [1942], a frustrating even would normally terminate the contract, however, where a party continues to perform, they are entitled to remuneration (Robin Bath, 2009). Not every event which renders performance challenging constitutes a frustrating event(British Movietone News Ltd v London and District Cinemas Ltd , 1952). This doctrine is embodied in Article 79 of the CISG which refers to impediments without control. Under the convention, the existence of an impediment will not terminate the contract, but merely suspend it until it can be resumed (Robin Bath, 2009). Where a cl ause with regard to frustrating events is lacking, contracting parties can rely on Article 79 of the CISG which provides for exemption from liability for as long as the impediment exists(Justin Bernard, 2014). With regard to Ferrum Corps case, the flood can be said to constitute a frustrating event for which the exporter can rely on Article 79 to be exempted from liability as there is no express force majeure clause mentioned in the agreement. The flood was an unforeseen impediment to the sellers performance which neither he nor any reasonable person, could have predicted. Inspection, Certification and Conformity Inspection certificates are some of the documents received by the bank from a seller who wishes to claim payment by letter of credit (Robin Bath, 2009). The certificate affirms to the buyer that the goods were inspected prior to loading and upon testing complied with the description required by the contract (Justin Bernard, 2014). Sellers are expected to meet all the terms stipulated in the contract and outlined in the letter of credit in order to receive payment where certification is required (Richard, et al., 2009). The doctrine of strict compliance is applied in affirming whether the certificate provided adheres to the descriptions in the letter of credit(Richard, et al., 2009). Non-conformity, with regard to the quality of the product, imposes a liability on the seller according to the CISG Art. 36. In the case study provided, the first agreement required self-certification from Ferrum Corp. as to the quality of the iron ore. A loading error on the March 2016 instalment led to the inappropriate quality of iron ore being shipped. The quality of the iron ore was a contradiction to the Certificate of Inspection issued as well as the requirements of the letter of credit. In the steel industry, poor quality raw materials would lead to poor quality products consequently resulting in loss of profits as what they produce would be sold at a lower price. These facts provide justification for a breach of contract on the part of the seller. The loss in profits creates a detriment so great as to constitute a fundamental breach. However if the seller can prove that the shipping of the poor quality iron ore was a failure on the part of a third party and that he had done all that was required to ensure the right quality of product was shipped out and was unaware of the non-conformity, then he c an rely on Art.79 of the CISG to exempt himself from liability. The CISG provides alternative remedies such as a request for substitute conforming goods so as to ensure the contract is concluded and not terminated. b) The CISG, under article 29, provides for termination of a contract at any time on the agreement of both parties(Clayton Steven, 2016). Additionally, where an action or inaction of a party causes the other great detriment as to deprive them of his rights in the contract, the aggrieved party can opt to avoid the contract, discharging both parties of any future obligations(United Nations Commission on International Trade, 1980). Section V of the Convention outlines the expected consequences should a party opt to avoid a contract. However, where a party has performed their end of the bargain, to any given degree, they can claim restitution for the work done. If restitution cannot be made, then the contract cannot be avoided. Sino Steel can rely on these two provisions to terminate the contract relating to the third shipment expected in April. That is, should they wish to terminate the contract, a simple agreement with Ferrum Steel will suffice. If they opt to avoid the contract, they should ensure that they can completely compensate Ferrum Co. for the shipments made in February and March as well as any other claims due to them. 2. a) The challenges experienced in this scenario were caused by third parties and not as a result of the action or omission of the original parties to the contract. Art.79 excludes the parties from any liabilities caused by second parties. Cooperation would be best applied if they decide to liaise together to rectify the mistakes as well as institute action against the liable third parties. Termination of the contract based on third party errors would not be in the best interests of either party. The CISG provides guidelines to ensure continuity of the contract where such challenges arise. b) False Certificate A fraudulent employee at Gladstone Iron Testing led to the issuance of a false certificate whose assertions did not match the actual quality of the iron ore transported and therefore were in contradiction to the description in the Letter of Credit. The legal issue arising in this scenario is the effect of fraud by a third party on the contract as a whole. This will be decided by analysing how courts have dealt with fraudulent documents presented to claim payment on letters of credit. International trade law applies a strict doctrine of autonomy where letters of credit are considered independent of any sales contract and as such, any issuing bank is only concerned with the accuracy of the sellers documents and not the quality, quantity or legitimacy of the goods(Richard, et al., 2009). However, the strict nature of this doctrine is eased by the fraud exception which, according to Lord Diplock, applies where a beneficiary consciously presents documents containing fraudulent material to the confirming bank (United City Merchants (Investments) Ltd v Royal Bank of Canada (The American Accord), 1983). A confirming bank can however not decline to make a payment where it is convinced that the presented documents are congruent with the letter of credit(Richard, et al., 2009). Where a party is convinced of fraud, the onus is on them to prove it, which is usually difficult to establish as was the case in Hortico (Australia) Pty Ltd v Energy Equipment Co (Australia) Pty Ltd (1985) 1 NSW 545. According to English Law, fraud emanating from the actions of a third party will not be considered as fraud in the contract so as to have the effect of allowing a bank to deny payment(Richard, et al., 2009). In the case study provided, the fraudulent party was a third party to the contract whose services were sought to certify the quality of the ore. There is no evidence as to whether either of the contracting parties was involved or aware of any fraudulent activities, therefore neither can be held liable or denied performance as a result of the third parties actions. The innocent parties can file a suit to claim damages against Gladstone Iron Testing for providing a false certificate which led to a shipment containing an inappropriate quality of goods. Additionally, if the seller can provide proof that the buyer had colluded with the Gladstone employee for a false certificate of inspection, they will then be entitled to request the bank not to pay the seller on the ground of fraud. Incorrect Letter of Credit An error by a Shanghai Bank Officer led to the issuing of a letter of credit where none was required. This means that Queensland bank would receive a letter of credit entitling the seller to payment where no performance was required. The legal issue arising from this error is on of mistake. As has been repeatedly mentioned in the discussion above, CISGs main objective revolves around unifying and facilitating international trade and as such most of its remedies revolve around ensuring the continuance of the contract. Therefore, the mistake of issuing a letter of credit where none was required would not constitute a breach of contract so serious as to be considered fundamental and as such can be corrected through the cooperation of the parties to rectify it. 3. A Free Trade Agreement (FTA) is an international agreement that eradicates restrictions to trade and enables well-founded trade and commercial ties, thus increasing economic unity among member states ( Australian Government Department of Foreign Affairs and Trade, n.d.). It is created when two or more countries agree to do away with customs duties and other barriers to trade carried out among them(Richard, et al., 2009). Arte, extensive FTAs are significant in ensuring liberalisation of international trade and are expressly provided for under the World Trade Organisation (WTO) rules ( Australian Government Department of Foreign Affairs and Trade, n.d.). These rules require the removal of charges and other limitations in almost all trade in goods as well as the elimination of almost all discrimination with regard to services supplied with and by member states ( Australian Government Department of Foreign Affairs and Trade, n.d.). In this question, the paper aims to identify the var ious rules and agreements that would govern a mutual free trade agreement with regard to the banana industry between Australia and the Philippines. It will also seek to identify the possible Sanitary and Phytosanitary (SPS) Measures applicable by Australia and the effect they will have on trade. In doing this, the paper will rely on policies outlined in the General Agreement on Tariffs and Trade (GATT), the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) and the WTOs SPS Agreement. Rules and Policies Governing the Australian-Philippine Banana Industry The GATT was first established in 1947 and later revised in 1994 during the Uruguay Round as a framework to facilitate world trade (Matthias, 2016). It serves as the most important multilateral trade agreement and aims to liberalise international trade through the step by step elimination of restrictive trade practices and other defensive intrusions with regard to global as well as national market competition(Matthias, 2016). The basic principles of the GATT are non-discrimination and liberalisation(WTO, n.d.). Non-discrimination emanates in form of the Most-Favoured-Nation principle where a member is required to treat all members as equal, in that, if a favour is granted to one member, it should be granted to all others in the same situation (Kenneth, 2011). Another principle of non-discrimination is the National Treatment principle which required equal treatment of foreign and local traders. These principles are embodied in Articles 2 and 3 of the GATT respectively (WTO, n.d.). The WTO rules apply a balancing test with regard to the protection of the public versus the restriction of cross-border trade however, they tend to favour the eradication of restrictions over individual state protective measures as seen in Thailand Restrictions on Importation of Cigarettes Case (1991), where restriction to cigarette imports were seen as contravening the GATT. In the restriction of imports, a country can rely on the Escape Clause provided under Article XIX, which allows a country to depart from performing or upholding previous promises (Richard, et al., 2012). However, the escaping party must prove that their departure is due to injury caused by increased imports on its domestic producers as held in Argentina Safeguard Measures on Imports of Footwear (WTO 1999). In the case study provided, a free trade agreement between Australia and the Philippines will be a great step towards the liberation of international trade. It is expected, however, that both parties ensure non-discrimination in the trade of bananas both internationally and within their respective borders. Where a party is convinced, and can provide evidence to the same effect, that this agreement is detrimental to their local banana traders, and then a suspension can be granted by way of the Escape Clause so as to allow revision of the terms of trade. It is important to note however that, as the objective of GATT is the reduction of trade restrictions, any restrictions are likely to only apply until an alternative solution is obtained. The Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, enforced in January 2010, remains to be the most purposeful and inclusive trade agreement negotiated by the region's members to date(Christopher, 2015). With regard to the sale of goods, the agreement upholds the provisions of the WTO while including more specific commitments as well as enhancing transparency. The SPS Measures provide that a country has every right to embark in protecting its human, animal and plant life or health, however, it cannot use this right to discriminate on trading activities with other countries(Richard, et al., 2012). Any SPS measure should conform to the international standards and guidelines provided by the WTO-SPS Agreements as well as those outlined in the GATT 1994(World Trade Organization, 1995). The measures should be transparent and based on proper scientific evidence (Department of Agriculture, Fisheries and Forestry, n.d.). They measures should balance the level of protection required, against the extent of restriction on trade(Department of Agriculture, Fisheries and Forestry, n.d.). In the case study provided, either of the parties has the right to employ SPS measures to protect its people, animals and plants. However, the restrictions employed are subject to various qualifications. Firstly, they should be consistent with the SPS Agreement as well as the rules on SPS measures outlined in the GATT 1994. Additionally, any proposed SPS measure should be accompanied by adequate scientific evidence to show threats to life and health that will emanate if the measure is not put in place. 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