Tuesday, June 30, 2020

Pain, Suffering and Loss of Amenity - Free Essay Example

Advanced Legal Method (Brief) Pain, suffering, loss of amenity This heading of damages is usually under general damages. Since this is a non-pecuniary loss, there is no exact figure to impose on it. The level of damages varies from different claimants. Here, VR will be able to claim damages for the pain, suffering and loss of amenity as a result of suffering the injuries from the accident. The range of damages that will be here has been subjected to the 10% increase in general damages as decided in the case of Simmons v Castle.[1] Firstly, VR suffered contusions to his forehead. He was kept overnight at the hospital, had mild nausea for 2 days and 2 weeks of headaches which responded well to normal doses of paracetamol. He recovered fully by 26th May. According to the Judicial College Board Guidelines (JCB) this will be classified as a minor head injury and damages would range from  £1,788 to  £10,340. Lowest end of the bracket reflects on full recovery within a few weeks. VR recovers from the injury within 3 weeks. He would probably receive around  £1,800 as compensation for pain and suffering. VR does not suffer any loss of amenity Secondly, VR also had a simple undisplaced fracture of nose. According t o the JCB Guidelines, damages under fractures of nose without displacement will be in the range of  £1,375 to  £2,035. Since there was no permanent damage to VRà ¢Ã¢â€š ¬Ã¢â€ž ¢s nose, he would not have any loss of amenity. He could to get about  £1,400 as compensation for pain and suffering. Finally, VR sustained crush injury to his right hand. Initial treatment alleviated pain and discomfort but he had to undergo further operation. After the operation, doctor said that VR will never recover full dexterity in that hand. The loss of use is about 10% use of the hand. This will most likely be classified as Moderate Hand Injury under the JCB Guidelines. Damages would range from  £5,060 to  £10,725 where top of the bracket is appropriate where permanent disability remains after surgery. The injury had continuing impact to his hand and gives VR difficulty in counting money, writing and some types of carving motion. His hand also gets stiff and un comfortable in the cold which puts him off his former hobby of owl watching which he used to do twice a month. Since the injury has impacted VR significantly, he would probably receive damages at the top end of the bracket which is  £10,725 for the pain, suffering and loss of amenity he has to endure. The total damages that VR would get for pain, suffering and loss of amenity would be  £13,925. Special Damages Firstly, VR will be able to claim for his partner, MsCarterà ¢Ã¢â€š ¬Ã¢â€ž ¢s loss of wages due to taking 10 days unpaid leave to provide care and support for him. MsCarter earns  £420.60 per week and since she lost wages for two working weeks this amounts to a total loss of  £841.20. VR will be able to claim this amount since it was incurred due to MsCarter acting as his caretaker. Secondly, VR can claim for his medical expenses. His decision to operate at CUPA rather than at Loptown General due to the 3-months waiting list will not af fect the amount of damages he will receive because he has a statutory right to receive private treatment.[2] In conclusion, VR will be able to claim the full  £4,600 for his medical expenses in which he paid fully. Thirdly, VR was off work for 10 working days due to the injuries. Since he was still paid his normal take home pay during the 10 days off, the loss he suffered here was his overtime pay during the 10 working days. He normally works 3 overtimes hours a week at  £22 per hour which amounts to  £66 per week and  £132 for two weeks. Furthermore, he had to take two days unpaid leave for medical appointments in which he lost 16 hours of pay at the rate of  £16 per hour. This amounts to a loss of  £256. Hence, the total loss of wages suffered by VR is  £388. Additionally, VR can claim damages for the repair of his car at his usual garage at the cost of  £1,544. This is also the lowest quote he found. VR can also claim for the taxi fares in which he took to the hospital twice for medical examinations. One was  £34 and the other was  £32.50 adding up to a total of  £66.50. Moreover, VR can claim for the  £220 paid by the firm to obtain a formal letter from the doctor regarding his condition and treatment. Finally, VR can claim for the  £220.50 in which he spent at Debenhamà ¢Ã¢â€š ¬Ã¢â€ž ¢s for replacement clothing which had been damaged by the accident. VR can produce receipts from the garage, from Debenhamà ¢Ã¢â€š ¬Ã¢â€ž ¢s, and from the taxi company he had used to go to the hospital. The total amount of special damages VR can claim is  £7,880.20. General Damages Pain, suffering and loss of amenity are a part of general damages but it is already covered above. The other type of claim under general damages which is valid to VR would be a claim for loss of future earnings. According to VRà ¢Ã¢â€š ¬Ã¢â€ž ¢s employee, VR was progressing well an d might be promoted to Master Carver in 12 months where he would be earning  £36 per hour and  £42 per overtime hour but his reduced ability to carry out fine work as a result of this accident has taken VR out of the consideration of his employee for the Master Carver position. In conclusion, VR will be able to claim for a loss of future earnings. However, to be able to do so I would require his education level and also his preferred age of retirement which was not available in the document. Other factors affecting level of damages The injuries suffered by VR were consistent with him being thrown forward by an impact and the injuries could have been avoided had he been wearing his seatbelt. Since VR injuries was partly his own fault, he will be deemed to be contributory negligent. However, being contributory negligent will not defeat his claim.[3] In the case of  ­Froom v Butcher,[4] Lord Denning stated that damages should be reduced by 25% in cases where injuries would be prevented altogether if a seatbelt had been worn. After that, in the cases of J (A Minor) v Wilkins[5] and Gawler v Raettig[6], the court stated that 25% is just a guideline but so far, it can be seen that the courts are reluctant to go above this figure. In conclusion, VRà ¢Ã¢â€š ¬Ã¢â€ž ¢s total damages will most likely be reduced by 25% because all his injuries could have been prevented had he been wearing his seatbelt. Summary of quantum of damages to be claimed Pain, suffering and loss of amenity =  £13,925 Special damages =  £7,880.20 Contributory negligence damage reduction = 25% Total damages =  £16,353.90 The total damages that VR can claim for is  £16,353.90 excluding the loss of future earnings which cannot be calculated without his education level and retirement age. Table of Cases Froom v Butcher [1976] 1 QB 286 Gawler v Raettig [2007] EWCA Civ 1560 J (A minor) v Wilkins [2001] RTR 19 Simmons v Castle [2012] EWCA Civ 1039 Table of Legislations Statutes: Law Reform (Personal Injury) Act 1948 Law Reform (Contributory Negligence) Act 1945 Statutory Guidelines: Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases Bibliography Deakin S, Markesinis and Deakins Tort Law (OUP 2013, 7th edition) Horsey K and Rackley E, Tort Law (OUP 2012, 3rd edition) 1 [1] [2012] EWCA Civ 1039 [2] Law Reform (Personal Injury) Act 1948, s 2(4) [3] Law Reform (Contributory Negligence) Act 1945, s 1(1) [4] [1976] 1 QB 286 [5] [2001] RTR 19 [6] [2007] EWCA Civ 1560

Sunday, June 7, 2020

The Influence of Edgar Allan Poes Predecessors on His Work - Literature Essay Samples

It is, arguably, a fallacy to use the word influence when considering how Poe developed the Gothic genre in his own literature in light of his predecessors. The overtones of derivation in the word risk unfairly discrediting the influence that Poe himself had on the genre. It should not be forgotten that Poe is widely credited as being one of the earliest authors to consolidate the American Gothic into a more potent and tangible form. In considering the influence of his predecessors, it is therefore most conducive to examine how Poe built upon, and indeed improved, the legacy of European and American Gothic literature that went before him.At the risk of drawing arbitrary comparisons, the stylistic traits of Gothic fiction that Poe inherits are almost instantly obvious in both his works and those of his predecessors. In her book The Coherence of Gothic Conventions, Eve Sedgwick lists several certain characteristic preoccupations of Gothic fiction, amongst which she includes doubles unnatural echoes or silences, unintelligible writings, and the unspeakable nocturnal landscapes and the story within a story, all of which can be traced through Gothic heritage to Poe. Gothic landscapes are an instant example. The frequent pathetic fallacy in Mary Shelleys Frankenstein, such as the dreary night of November when Victor Frankensteins creation is given life, the backdrop of castles and monasteries in Horace Walpoles The Castle of Otranto and The Monk, and the gnarled, and fantastic tulip tree by which the main horrific action in Washington Irvings The Legend of Sleepy Hollow takes place are all the natural ancestors of the memorable opening passage of The Fall of the House of Usher the bleak walls the vacant eye-like windows a few rank sedges and the subsequent storm that surrounds the storys climax.The employment of layered narration in Gothic novels is also a clear inheritance. Poes preferred use of the first person narrator, even as a stylistic trait, can be seen to be taken directly from such novels as Charles Brockden Browns Wieland, narrated by Clara, and Frankenstein, which at one point reaches a most complex layer of narration when Shelley is telling the story of Walton recording the story of Frankenstein recalling the story told by his creation. The narration of the main theme through a life story in the manner of these novels is used by Poe in stories such as William Wilson (itself a variant on the Gothic theme of the double). Irving was likewise fond of using layers of narration through the device of the discovered manuscript another Gothic trademark for example, in the stories of his alter ego Diedrich Knickerbocker, collected and edited by his other alter ego Geoffrey Crayon in The Sketch Book. The discovered manuscript device is of course employed by Poe in M.S. Found in a Bottle, the fragmented diary format of which can be seen echoed in another Gothic novel, Bram Stokers Dracula.M.S. Found in a Bottle is also an exc ellent example of the other Gothic trait quoted from Sedgwick above, namely the unspeakable. Whilst the narrators story, and the voyage of the Discovery, are inexorably drawn towards some exciting knowledge some never-to-be-imparted secret, whose attainment is destruction, the broken and interrupted format of the narration likewise creates a sense of omission to the piece, that curious details, despite the meticulous recording of the narrator, are being perforce excluded due to the bizarre situation in which he is trapped. The pervasion of the unspeakable in Gothic fiction can be traced as far back as the European novels. Frankensteins refusal to impart the secret of life that he discovered, because it will inevitably lead to destruction and infallible misery, is an early example. More outstanding is Walpoles dramatic and schematic use of the technique in The Castle of Otranto. Passim, he narrates that words cannot paint the horror of the tale he records. Isabella cannot spea k of Manfreds evil plan of divorce and marriage, whilst Manfred himself eventually cannot utter the terrible crimes that he has committed as he tries to repent to Hippolita. As well as dramatically increasing the atmosphere of profane horror about the events unfolding, Walpole uses it to prevent vital plot points from being revealed and thus prolonging the tension. An excellent example is Isabellas rescue by the mysterious figure who transpires to be Theodore, where they are constantly interrupted from discovering the others identity by each other and the action around them.On a closer level, we might examine specific instances of direct influence. In his introduction to The Fall of the House of Usher and Other Writings, David Galloway points out that we may trace the growth of the detective story in Poes work, to which he cites Arthur Conan Doyle as owing a debt of gratitude. This growth nominally refers to the investigations of Poes logician C. Dupin in such stories as The Mur ders in the Rue Morgue. The tone of this particular tale is arguably inspired, at least in part, by such passages in Gothic fiction as the account that Frankenstein gives of the murder of his friend, Henry Clarvel. The evidence is presented to the reader in the formal tones of a police report. The corpse is revealed asa handsome young man, about five and twenty years of age. He had apparently been strangled, for there was no sign of any violence except the black mark of fingers on his neck.There are distinct echoes of this tone and subject matter in the newspaper report that Poe offers of the Rue Morgue tragedy:The body was quite warm Upon the face were many severe scratches, and, upon the throat, dark bruises, and deep indentations of finger nails, as if the deceased had been throttled to death.Even more striking is the inclusion of evidence in each story, in the form of reports taken down from witnesses. In Frankenstein these include Daniel Nugent a woman another woman and several other men whilst in The Murders in the Rue Morgue the witnesses have been broadened to a spectrum across different races and professions. In each text a new paragraph is laid out for each witnesss statement. We should also remember that the original murder of William by the creature in Frankenstein had an element of detective story to it, as the readers suspicions are lead on and it is only in the creatures narration that he admits himself the murderer and the mystery of the picture in Justines possession is explained. Although this is to a large extent speculation, and it must be acknowledged that Poe develops the idea into a much more curious and tense mystery, there is nonetheless a distinct influence in style and plot organisation from the former story to the latter.It is particularly this point of development of ideas that must be emphasised, however, in regarding Poes works in the light of his predecessors. This is especially true in considering the influence of t he early Gothic conventions of Frankenstein. In many respects this novel quite naturally demonstrates vestiges of the Romantic tradition, in that it is concerned with the power of the imagination and the exploration of the self. Frankenstein himself describes passim how it was his imagination that sealed his destiny and made the awful events of the novel possible. Upon discovering the secret of life, he comments my imagination was too much exalted by my first success to permit me to doubt of my ability to give life to an animal as complex as man. It is that same imagination that conjures up the terrors should he succeed in making a partner for his creation, resolving him to abandon the work and thus seal the doom of his loved ones. Throughout these events, but particularly in his early life, Shelley is at pains to examine the moments such as the emotive speech on his first day at Ingolstadt that drive Frankenstein on, laying bare the characters psychology.Yet in these vest iges of Romance we can see the Gothic conventions emerging, and it is upon these that Poe draws in a tale markedly parallel to Frankenstein William Wilson. Frankenstein is a classic paranoid hero in the Gothic tradition, and his paranoia over the actions of his creation is of course fuelled by his imaginative ramblings. A similar, even more irrational hatred is inspired in Wilson (whose undisclosed true name is another testimony to the Gothic unspeakable) towards his namesake, whose affectionateness he attributes to a consummate self-conceit assuming the vulgar airs of patronage and protection and devotes considerable energy to humiliating, hurting, and finally murdering his double. Frankenstein and his creation, who are bound by ties only dissoluble by the annihilation of one of us, become two parts of the same entity creator and created that Sedgwick calls a mirrored monstrosity, where all the most evil elements of Frankenstein and indeed mankind are displaced into his cre ation.The mirrored monstrosity germinating in Frankenstein is brought to fruition by Poe in William Wilson but with a darker, more complicated twist; the narrator himself transpires to be the evil incarnation of Wilson, whilst his eternal opponent is his conscience, thwarting his indulgences in luxury and deceit. Moreover it is realised in the classic Gothic convention of the doppelganger, as the antagonist is finally revealed even in the most absolute identity to be the narrators inexplicable twin (and it is notable that, in doing so, Wilson ambiguously thinks he is looking into a mirror). Even the narrators chosen pseudonym, William Wilson, contains the syllable Wil reflected in each half of the name.Sedgwick also speaks of the conventional Gothic tableau of two men Frankenstein and his creation locked in pursuit at the beginning and end of the novel, but here again Poe excels in creating a spectacular tableau. The climax of the story after the exciting pursuit and sword fig ht sees the slain Wilson becoming the narrators own mirror image, bloodied and proclaiming how utterly thou hast murdered thyself. In doing so, Poe not only creates a more melodramatic image but also explores his own Gothic preoccupation of the Imp of the Perverse particularly with the ambiguity of the mirror image, the whole story may be construed as a psychological delusion in which William Wilson is struggling against, and eventually defeats, himself. The power of the imagination within one being is given an even greater and more lethal strength. Poe thus consolidates his issues, similar to those raised in Frankenstein, in a more palpably provocative and extreme manner, engaging more of what would become the Gothic mode.Similar examples of Poes development of Gothic fiction from his predecessors may be found in comparison between himself and Washington Irving. In his introduction to The Legend of Sleepy Hollow and Other Stories (a reprint of The Sketch Book), William Hedg es points out that Irving is generally credited with inventing the short story as a distinct genre. Here Poe clearly owes a debt of gratitude for his constant preference of the tale over the longer novel in his works, yet Poe may still be seen to be the superior Gothic writer. Undoubtedly, Poe gleaned Gothic stylistic traits from Irvings work among others. The haunting echo of Rip Van Winkles own voice to emphasise his acute solitude resembles Poes own use of the technique in The Raven, whilst the cancerous effect of ill-fortune and guilt upon Roderick Usher is reminiscent of the anxiety of Geoffrey Crayons friend Leslie in The Wife.Nevertheless, Poes work is considerably more horrific than Irvings. In her Coherence of Gothic Conventions, Sedgwick makes a poignant definition of Gothic fiction as being that which has an aesthetic based on pleasurable fear, and Irvings stories frequently fail to live up to this watermark. In The Mutability of Literature, for example, the discover y of a talking book is initially greeted with nothing more terrible than utter astonishment, and within lines Irving and the reader feel comfortable enough to patronise this bizarre event by referring to the book as an exceedingly fluent conversable little tome. To be fair, Irvings preoccupation in this tale is clearly the rapidity with which literature becomes obsolete rather than scaring his reader.Yet even in his more frightening tales Irving is not as spectacular as Poe. The conclusion of The Legend of Sleepy Hollow, for example, does not finish with the potentially terrifying attack of the Hessian upon Ichabod Crane, but rather with a slow winding down of the tension and an addendum by the author Knickerbocker that the story may not be true. Poe is far more adept at creating horror in his narrative, and in fairness to Irving this is only a relevant criticism in the field of Gothic fiction. Comparing, for example, the two authors treatment of the same subject in The Wife a nd The Fall of the House of Usher, Irving depicts his paranoid hero in the more restrained vein of sickly and vapid attempts at cheerfulness, whilst Poe takes great pains over the deathly apparition of Roderick Usher:Surely, man had never before so terribly altered as Roderick Usher! A cadaverousness of complexion; a large eye, liquid, and luminous beyond comparison; lips somewhat thin and very pallid, but of a surpassingly beautiful curve Equally, Irvings story breaks the Gothic mould by allowing his hero and heroine to recover in complete happiness, as opposed to Poes melodramatic storm, the raising of the dead and the destruction of a family and house. In fairness to Irving the intent of his story is to consider how wonderful it is for a woman to be the comforter and supporter of her husband under misfortune, and he certainly redeems himself in The Broken Heart, yet this only proves how Poe develops and improves upon his influences to create more powerful Gothic fiction.Poes treatment of the paranoid hero is likewise a generally more empathic and horrifically effective portrayal than in his predecessors. The classic example is of course The Tell-Tale Heart, which benefits over more reserved portrayals of paranoids, such as Dudley in Ormond and Manfred in The Castle of Otranto, through Poes use of the first person narrative. The narrators madness is shown from his very first, bizarrely non-sequitur exclamation of True!, followed by his paranoid raving at the reader that he is very, very dreadfully nervous I had been and am; but why will you say Im mad? His attempts to assert his own rationality with the reader are thoroughly undermined, as his madness escalates, by his broken and delirious narrative:It grew louder louder louder! Was it possible they heard not? Almighty God! no, no! They heard! they suspected! they knew! and now again! hark! louder! louder! louder!With an excess of brief, one-word exclamations, fragmented comments and h yphenated text, Poe communicates the paranoia and guilt consuming his Gothic hero far more effectively than a third person narrative ever could.It is evident that Poe has been influenced by the legacy of Gothic literature that was available to him. In subject matter and form, stylistic traits and even occasional uses of precise tone and motifs, Poe illustrates that his predecessors have had a profound effect on him. What is equally evident, however, is that Poe made the mode of Gothic fiction his own and, in considering his influences, it becomes more apparent how Poe was a critically creative impetus in shaping the American Gothic as we perceive it.