Contract Law Advice Style Answer

Contract Law Advice Style Answer Arron and Tracy have entered into three different types of contracts. Firstly, there is a contract for sale of goods between Tracy and HAL[1] for the purchase of the coffee machine. Secondly, there is a contract for service among Arron and Matthew for the decoration of the hallway. Then, there is a contract for sale of description between the Arron and the dog-seller for the purchase of dog. The contracts appeared to be consumer contracts, since they satisfied the requirements established under the Unfair Contract Terms Act[2]. Section 12[3] states that a person dealing under a consumer contract is when one party performed in the course of a business and not the other party. Moreover, the goods in consideration must be ‘of a type ordinarily supplied for private use’.[4] Section 2(1) of the Sale of Goods Act[5]states that for a consumer contract to exist there must be ‘a money consideration’. In application, it is clear that Arron and Tracy are consumers, whi ch are not acting in the course of the business, but we cannot say the same for the other parties. In the cases of Stevenson[6] and R B Customs[7], the term ‘in the course of a business’[8] is wisely explained, it is clear that the other parties who contracted with them are included. THE LUXURY COFFEE MACHINE* The purchase of the luxury coffee falls under the implied terms of s. 14 SGA[9], which says that the goods supplied must be of â€Å"satisfactory quality†. Under S.14 (2A)[10], the test is that of ‘a reasonable person’ would regard as satisfactory. Thus, when the coffee machine was bought no one will expect it to burn hands and to be unsafe (considering the criteria in s.14 (2B)[11] of the act. Here, it includes safety as per s.14 (2B) (d)[12]. Indeed, the General Product Safety Regulations 2005[13] has included electrical equipment as having a requirement to be safe, by being properly insulted. However, this is not the case when the coffee machine becomes too hot which is clearly unsafe. It is clear though that s.14[14] is in breached since the product supplied burnt hands by becoming too hot. Consequently, Tracy can return or ask for a refund of the price ( £150) and damages. Nevertheless, in order to entitle to this, it must be established that Tracy has not â€Å"accepted† the product. Otherwise, if it has taken place the remedy is damages only which will be under s.11 (4).[15] Furthermore, s.35 (4)[16] says that acceptance occurred when a buyer retain the goods for a certain period of time without intimating to the seller that she rejected it. The question of time had an extensive discussion about how long and what actually is a reasonable time. It was first established under the case of Bernstein[17], under which there was a maximum of 3 weeks. However, it was later replaced by Clegg[18] the actual law which provides a period of 7 months. In application, Tracy is visibly within the time limit, as she rejected the offer when she returns the coffee machine back to HAL. Furthermore, since Tracy paid the coffee machine with her credit card, she may have additional rights under the Consumer Credit Act 1974[19]. In fact, she enters into a consumer credit agreement which is defined under s.8 (1)[20] as an agreement between an individual and the creditor by which the creditor provides the debtor with credit of any amount. In application, this is the case when Tracy paid the product with her credit card define as ‘financial accommodation’ under s.9[21]. It was a regulated consumer credit agreement under s.8 (3)[22] as it was not an exempt agreement. It also constitutes a restricted use, according to the situation in the problem as per s.11 (b)[23] and a running account as per s.10 (1) (a)[24].Consequently, as the product is purchase with a credit card, there is a D-C-S agreement under s.12 (b)[25]; debtor: Tracy, creditor: Barclaycard and the supplier: HAL .In such a case, where there is a faulty product, which is the case Tracy has a ‘ like claim’ against the credit card company under s.75[26]. HAL and the credit card company are ‘jointly and severally liable’ for the aforementioned breach of S.14 SGA[27]. Therefore, Tracy has a claim against both HAL and Barclaycard. Indeed, if the claim against the shop is unsuccessful, then she is entitled to use s.75 as a shield. Furthermore, even if Vicky is not a party to the contract she might have a claim against HAL since the privity of contract was overcome by the narrow rule of Lord Atkin in the case of Donoghue v Stevenson.[28] Despite the fact, that she could claim under negligence it will be best to sue under Consumer Protection Act[29] since there is a strict liability. Vicky might claim a civil liability under Part I of CPA[30] which covered damage or personal injury caused by the faulty products, when her arm is burn. The coffee machine is defective as per s.3, since no one will generally expect the coffee machine to become too hot and unsafe. Therefore, she will be able to sue for damages. Moreover, there may be a potential criminal liability under Part II of CPA which covered damage caused by unsafe product. Certain goods need to satisfy the safety requirement under s.11 (1)[31]. Therefore, a failure to meet the safety regulations is a breach under s.12[32], but unless the product supply is unsafe which here is visibly the case. Additionally, HAL will try to rely on the exclusion clause. In order to be effective, the clause needs to satisfy certain legal rules. When Tracy went to return the coffee machine, she was pointed a notice which states â€Å"Sale items cannot be returned†. Applying the case of Olley[33], which established that for a notice to be incorporated it need to be before or at the time of the contract. Since, Tracy could not remember having seen the notice before; it is very likely that there clause was not incorporated. Even if the clause was valid, it will not make a difference because s6 (1) UCTA states that liability in consumer contract for breach of s.14[34] cannot be excluded. MATTHEW, THE DECORATOR* The contract between Arron and Matthew is governed by the Supply of Goods and Services 1982[35] since the substance of the contract is based on services. The SGSA[36] consist of two parts; Part 1 consists of the quality of goods supplied under the contract for the services and Part 2 is about the supply of services Under Part 1, there is an implied term that goods supplied on the part of the act to be of satisfactory quality and fit for purpose under s.4. This section mirror the provisions contain within s.14 (2A) and (2B) of SGA[37]. It should be noted that there is no provision equivalent to s11 (4) and s.35. Therefore, generally when Arron buys the wallpaper guaranteed to last 10 years he will expect the product to be of satisfactory quality and to durable as per the other relevant circumstances under s.4 (2A)[38] which mirror the provision of s.14 (2B) (e)[39]. But this was not the case when the wallpaper falls off the wall after six weeks. Unlike Part 1, which implied term concern the goods, Part 2 implies following terms concerning the supply of services. Contrarily, to Part 1 it is possible to exclude liability, under s.11 UCTA for breach under the service part of the contract. A contract for supply of services is defined under s12[40] as â€Å"a contract under which a person (the supplier) agrees to carry out a service.† Under Part 2 there is an implied term under s.13[41] that the services provided by the supplier will be carried out within a reasonable care and skill. It should be noted that s.13 implies generally accepted to be innominate term as in Hong Kong Fir[42] by depriving the innocent party of the whole benefit of the contract. This is clearly the case here when ‘the wallpaper fall off.’ Applying Nettleship v Weston[43], there is no defence even if the person claims to have to their incompetent best. Under, Bolam[44] if the skilled conforms within the standard required is of a reasonable competent member of the relevant trade, he will not be liable due to others different views. As established in Philips[45] , the services must be carried out with such a care as within the capacity of his degree of experience which he claimed to have .He must have a level of skill of such specialist which he holds to Arron as in Grieves.[46]Therefore, when Arron employed Matthew, he expected t he work to be done with a reasonable care and skill and not be fall off within six weeks. Clearly s.4[47] and s.13[48] are in breached. Consequently, Arron will be able to ask for damages since rejection will be impossible. The claim for recovery of damages is for the poor service or poor quality of materials used in the contract term, it includes actual damages for the failure of wallpaper which has not be achieved it result by holding on the wall and consequential damages for the money which Arron will have to expense to repair the breach. In order to entitle to this, Arron must have taken reasonable steps to mitigate his loss suffered, which require acceptance of offer from the defendant to rectify the matter, like under the case of Payzu.[49]It is clear that mitigation of loss had occurred when Arron suggested to Matthew that he should properly do the work again. Hence, Arron will be able to recover for the damages since he gives the opportunity to Matthew to redo the work properly. Additionally, Matthew tried to rely on the exclusion clause, when Arron tells him that he should properly ‘redo’ the work. An exclusion clause is used by a party in order to restrict or limit liability in an event of a breach of contract or any other specified circumstances. But, for it to be effective three legal conditions need to be consider; the common law, the UCTA and the Unfair Terms in Consumer Contract Regulations 1999[50]. Under the common law, the clause must be incorporated and constructed. According to the scenario, the clause was incorporated by an express agreement since there is not enough information to state that a contract was signed between the parties. Therefore, it is very likely that the clause was incorporated. As for the construction of the clause, it must be established that in interpretation of the contract the clause cover the breach which has occurred. In application, the clause is constructed in a plain language but it does not cover the breach. Hereafter, the clause might not be hold as constructive by court. In addition, the statutory controls need to be considered. The legislation for exclusion clauses is governed by the provision under UCTA and UTCCR. The UCTA was created in order to protect the weaker party, for example the consumer. Under s.11(1), the reasonableness test need to be consider, under which the term must be fair and reasonable by including all circumstances ‘[†¦]which were or ought reasonable to have be known[†¦]’[51]. In the problem question, it is clear that the terms are not fair and reasonable since Matthew restricted the term of the contract for his own benefit and not for Arron (the consumer). He excluded all extra cost and loss arising out of the decorating services. The UTCCR will not be applicable due to lack of information about the presence of a contractual term or a standard form. Even if the exclusion clause is valid s.7[52]states that liability for consumer contracts for breach of s4 and s13 cannot be excluded. However, this liability can be excluded if satisfies the requirement of the reasonableness which is visibly not the case here. Arron might have a criminal liability against the producer for the commercial practices of the wallpaper through television advertising. The liability will be under Schedule 1 of the Consumer Protection from Unfair Trading Regulations 2008[53]which replaced some consumer protection legislation; like CPA Part 3 or even the TDA[54]. He can claim liability for misleading actions under Regulation 5. It occurs when a misleading information lead the average consumer to make a decisive reason to enter the contract. In application, it is clear that it is the 10 years old guarantee, which encourages Arron to buy this specific paper. This commercial practice clearly distinguished the product from the competitor (para.3 (a) of reg.5), was obviously a main characteristic of the product (para.4 (b) of reg.5) which makes him make a decisive decision in buying this product rather than the others. PUPPIES* The buying of pedigree dog is governed by the SGA. However, the effect of the statement must first be drawn, by stating whether it is a puff, a representation, a term or a sale by description. The difference between these statements will be established. A puff is a ‘mere boast or unsubstantiated claims’ which are used by advertisers for their products and services .An example is the case of Carlill[55]. Representations or contractual term are statements made in course of negotiation for a contract. While, a term of contract define as outcome to pre-contractual negotiation between parties can be distinct in two types; implied and express. It could also be a sale by description under s.13 which implied term is that the goods must ‘correspond’ to the words used for the description of the goods. In application, it is clear that is a sale by description where the adverts states that the dogs are ‘pedigree dogs’ with ‘friendly temperature’. S.13 is breached as the description is inaccurate and that the dogs are crossbreeds, aggressive and snappy. There is a strict liability under s.13 and the remedy, will allow Arron to reject the good and receive damages. Next, Arron has paid the pedigree dog with his credit card; he may have a claim under CCA. Under the CCA, a D-C-S agreement is established, under s12 (b) consisting of the debtor; Arron, the creditor; the credit card company (Barclaycard) and the supplier (the dog-seller). It may be that has a claim under s.75 where the creditor is jointly and severally liable with the supplier for the supplier misrepresentation and for breach of s.13 SGA. If, the claim is not successful under SGA against the supplier, Arron will be to use s.75 as a shield. Criminal liability is regulated by the regulation 5[56] for the false information which deceived the consumers. The false statement of the advert may lead to a criminal offence under reg.5 CPUTR which prohibits false information to be applied on goods. S.2 (2) (a), states that goods includes the descriptions and details of animals as per there ‘sex, breed or cross [†¦]’[57].Under s.3 (1)[58] explains the term of â€Å"false to a material degree†. In application, it is clear that the advert the newspaper is a material degree and that there is a breached of Reg 5. 2515 Word Count*(Excluding titles) Bibliography Primary Sources Cases: Bolam v Friern Hospital Management [1957] 1 WLR 582 Bernstein v Pamson Motors [1987] RTR 384 Carlill v The Carbolic Smoke Ball Co Ltd [1893] 1 QB 256 Donoghue v Stevenson [1932] AC 562 Grieves Co Baynham [1975] 1 WLR 109 Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] EWCA Civ 7 Nettleship v Weston [1971] 2 QB 691 Olley v Marlborough Court Ltd [1949] 1 AII ER 127 Payzu Ltd. V Saunders [1919] 2 KB 581 Philips v William Whitely Ltd [1938] AII ER 566 RB Customs Brokers Ltd v United Dominions Trust Ltd [1988] 1 WLR 321 Stevenson v Rogers [1999] 1 All ER 613 Statutes and statutory instruments: Trade Description Act 1968 Consumer Credit Act 1974 Unfair Contract Terms Act 1977 Sale of Goods Act 1979 Supply of Goods and Services Act 1982 Consumer Protection Act 1987 Unfair Terms in Consumer Contracts Regulation 1999 Consumer Protection from Unfair Trading Regulations 2008 Secondary Sources Books: Nicholas Ryder, Margaret Griffiths, Lachmi Singh, Commercial Law (Principles and Policy), (First published 2012,Cambrige) Michael Furmston and Jason Chuah, Commercial Law,(2th edn, Pearson 2013) Chris Turner, UNLOCKING CONTRACT LAW,(First published 2004,Hodder Stoughton) Chapters in Books: Michael Furmston and Jason Chuah, Chapter 4 ‘Sale of Goods’: 4.8 Defective goods, Commercial Law,(2th edn, Pearson 2013) pg. 192-201 Chris Turner, Chapter 6 ‘The Obligations under a Contract : Term 6.1.2: Types of representation and their consequences, UNLOCKING CONTRACT LAW,(First published 2004,Hodder Stoughton) pg. 111-116 Websites and Blogs: Which? Consumer Right ‘Supply of Goods and Services Act 1982’ (2014) http://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982>accessed on 19 March 2014 Financial Ombudsman Service , oombudsman news  » issue 31  » credit cards equal liability under section 75 of the Consumer Credit Act 1974 (sep 2003) http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm> accessed on 25 March 2014 FindLaw UK, ‘Your rights under section 75 of the Consumer Credit Act’ http://www.findlaw.co.uk/law/consumer/consumer_credit/500520.html> accessed on 02 April 2014 BBC one Watchdog, ‘Supply of Services’(2014) http://www.bbc.co.uk/programmes/b006mg74/features/consumer-law-supply-of-services> accessed on 06 April 2014 Out-Law.com, ’Product liability under the Consumer Protection Act’ (last update 2011) http://www.out-law.com/en/topics/commercial/supply-of-goods-and-services/product-liability-under-the-consumer-protection-act/> accessed on 09 April 2014 [1] Home Appliances Ltd [2] Unfair Contract Terms Act 1977; UCTA [3] Unfair Contract Terms Act 1977 [4] Section.12(1)(c) Unfair Contract Terms Act 1977 [5] Sale of Goods Act 1979;SGA [6] Stevenson v Rogers [1999] 1 All ER 613 [7] RB Customs Brokers Ltd v United Dominions Trust Ltd [1988] 1 WLR 321 [8] Section 12 Unfair Contract Terms Act 1977 [9] Section 14 Sale of Goods Act 1979 [10] Section 14 (2A) Sale of Goods Act 1979 [11] Section 14 (2 B) Sale of Goods Act 1979 [12] Section 14 (2B) (d) Sale of Goods [13] General Product Safety Regulations 2005;GPSR [14] Section 14 Sale of Goods Act 1979 [15] Section 11 (4) Sale of Goods Act 1979 [16] Section 35 (4) Sale of Goods Act 1979 [17] Bernstein v Pamson Motors [1987] RTR 384 [18] Clegg v Anderson [2003] EWCA Civ 1002 [19] Consumer Credit Act 1974;CCA [20] Section 8 (1) Consumer Credit Act 1974 [21] Section 9 Consumer Credit Act 1974 [22] Section 8 (3) Consumer Credit Act 1974 [23] Section 11 (b) Consumer Credit Act 1974 [24] Section 10 (1)(a) Consumer Credit Act 1974 [25] Section 12 (b) Consumer Credit Act 1974 [26] Section 75 Consumer Credit Act 1974 [27] Section 14 Sale of Goods Act 1979 [28] Donoghue v Stevenson [1932] AC 562 [29] Consumer Protection Act 1987:CPA [30] Consumer Protection Act 1987 [31] Section 11 (1) Consumer Protection Act 1987 [32] Section 12 Consumer Protection Act 1987 [33] Olley v Marlborough Court Ltd (1949) 1 ALL ER 127 [34] Section 14 Sale of Goods Act 1979 [35] Supply of goods and Services Act 1982; SGSA [36] Supply of Goods and Services Act 1982 [37] Sale of Goods Act 1979 [38] Section 4 (2A) Supply of Goods and Services Act 1982 [39] Section 14(2B)(e) Sale of Goods Act 1979 [40] Section 12 Supply of Goods and Services Act 1982 [41] Section 13 Supply of Goods and Services Act 1982 [42] Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] EWCA Civ 7 [43] Nettleship v Weston [1962] 2 QB 691 [44] Bolam Fried Hospital Management [1957] 1 WLR 582 [45] Philips v William Whitely Ltd [1938] 1 ALL ER 566 [46] Grieves Co v Baynham [1975] QB 644 [47] Section 4 Supply of Goods and Services Act 1982 [48] Section 13 Supply of Goods and Services Act 1982 [49] Payzu Ltd v Saunders [1919] 2 KB 581 [50] Unfair Terms in Consumer Contract Regulations 1999; UTCCR [51] S.11(1) of Unfair Contract Terms Act 1977 [52] Section 7 Unfair Contract Terms Act 1977 [53] Consumer Protection from Unfair Trading Regulations 2008; CPUTR [54] TDA:Trade Description Act 1968-largely repealed by CPUTR [55] Carlill v The Carbolic Smoke Ball Co Ltd [1893] 1 QB 256 [56] Regulation 5 of Consumer Protection from Unfair Trading Regulations 2008 [57] Section 2(2)(a) of the Trade description Act 1968 [58] Section 3(1) of the Trade description Act 1968

Important Blacks in the 1980s :: essays research papers

Ronald Ervin McNair, was born on October 21, 1950, in Lake City, South Carolina to Carl and Pearl McNair. He attended North Carolina A&T State University in Greensboro, where, in 1971, he graduated magna cum laude with a BS degree in physics. In 1976 he earned his Ph.D. degree in physics from the Massachusetts Institute of Technology. Dr. McNair's many distinctions include: Presidential Scholar (1967-71), Ford Foundation Fellow (1971-74), and National Fellowship Fund Fellow (1974-75). He was also named Omega Psi Phi Scholar of theYear (1975), was honored as the Distinguished National Scientist by the National Society of Black Professional Engineers (1979), and received the Friend Of Freedom Award (1981). Ronald E. McNair was nationally recognized for his work in the field of laser physics. In 1978, he was one of 35 applicants selected from a pool of ten thousand for NASA's space shuttle program and assigned as a mission specialist aboard the 1984 flight of the shuttle Challenger. On his first space shuttle mission in February 1984, McNair orbited the earth 122 times aboard Challenger. He was the second African American to fly in space. In addition to his academic achievements, he received three honorary doctorates and numerous fellowships and commendations. He was also a sixth degree black belt in karate and an accomplished jazz saxophonist. He was married to Cheryl Moore and had two children, Reginald Ervin and Joy Cheray. On the morning of January 28, 1986, McNair and his six crew members died in an explosion aboard the space shuttle Challenger. JESSE LOUIS JACKSON (b. Oct. 8, 1941, Greenville, S.C., U.S.), American civil-rights leader, Baptist minister, and politician, the first black man to make a serious bid for the U.S. presidency (in the Democratic Party's nomination races in 1983-84 and 1987-88). Born into a poor family, Jackson attended the University of Illinois (1959-60) on a scholarship and then transferred to the predominantly black Agricultural and Technical College of North Carolina (Greensboro), receiving a B.A. in sociology (1964). He moved to Chicago in 1966, did postgraduate work at the Chicago Theological Seminary, and was ordained a Baptist minister in 1968. While an undergraduate, Jackson became involved in the black Civil Rights Movement. In 1965 he went to Selma, Alabama, to march with Martin Luther King, Jr., and became a worker in King's Southern Christian Leadership Conference (SCLC). In 1966 he helped found the Chicago branch of Operation Breadbasket, the economic arm of the SCLC, and served as the organization's national director from 1967 to 1971.

In The Shadow of the Glen Essay

In the shadow of the Glen was written by J M Synge in 1914. Even before it was shown to anybody it caused arguments within the Irish Society because some people thought the play was shocking and unpatriotic and was an insult against Irish womanhood. The main point of the play was to celebrate Irish culture and Irish writers but it seemed to turn against Synge. In the shadow of the Glen have four main characters in it. Nora Burke is the only female in the play and is very seductive and flirtatious. He is the wife of Dan Burke who was a farmer and a shepherd. There is Michael Dara whom has a small part in the play yet has an important role. He comes across to the audience as young and naive. And the last is the tramp that represents the audience and knows of Dan’s plot and also knows of secondary characters like Darcy. He is shown as a good character that wants to help people. Nora is a character that has a relationship with everyone. She has a relationship with her husband, a relationship with the tramp whom she invites in her house and talks to throughout the play and she has a relationship with Michael Dara, a young shepherd whom she wants to marry. She also has relationships with the secondary characters such as Darcy – a man that was â€Å"in her life and had made her happy when she was lonely.† She has a relationship with Mary Brien and Peggy Cavanagh, whom she refers to near the end of the play and they probably spent their childhood together. In the beginning Nora is presented as a lonely character whose husband has just died. She is middle aged and has had a bad marriage with her husband. She has had an affair with a man called Darcy and never loved Dan. â€Å"What way would I live, and I an old woman, if I didn’t marry a man with a bit of a farm, and cows on it, and sheep on the back hills?† in this quote you can see that she only got married to Dan for land and security. In the play when the scene is set, Nora is moving around the kitchen lighting candles on the table which sets a romantic mood for when Michael comes when a knock is heard on the door. It makes her jump and she looks at the dead body of her husband uneasily. She then opens the door. This opening scene pulls you into the story, as you want to know why she has candles on the table and why she looks at the body uneasily and why there is a dead body in the kitchen. You want to find out the answers to your questions. In this part of the play Nora comes across to the audience as suspicious as she is continually looking at the body with troubled looks. Nora invites the tramp that is knocking at the door into her house and gives him whisky and tobacco. She comes across as being flirtatious towards the tramp and as if she is trying to get something from him. The tramp sees the body and comments on Dan’s â€Å"queer† look, which Nora then jokes about – â€Å"He was always queer, stranger, and I suppose them that’s queer and they living men will be queer bodies after†. She isn’t sad about his death and treats it as a joke. This unsettles the audience and the tramp. In this situation Nora should be sad and maybe tearful. She would not have let the tramp in, or if she did then she wouldn’t have spoken to him much, and just given him what he asked for. Nora then tells the tramp that she can’t move or touch the body as he has put a â€Å"black curse† on her. This also comes across as suspicious and raises questions in the audience’s minds. It comes across that they have been having problems – â€Å"for he lay a black curse on me this morning if I’d touch his body the time he’d die sudden, or let anyone touch it except his sister only† one question in the audience’s mind at this point would be why would he only let his sister touch him and not his own wife? This fits in with why Nora is not very sad about Dan’s death. Nora then supports this idea by commenting on Dan being cold towards her and that he was a horrible person that complained with this quote, â€Å"Maybe cold would be no sign of death with the like of him, for he was always cold, every day since I knew him†¦ and every night†¦Ã¢â‚¬  It seems to the audience and the tramp that she is sad that they were never loving towards each other and it raises another question in the audience’s mind that maybe she was regretting it. She then lightens the mood and offers the tramp the whisky and Dan’s pipe. The tramp and Nora get talking and Nora tells the tramp that she is sacred of being alone, â€Å"I’m thinking many would be afeard, but I never knew what way I’d be afeard of beggar or bishop or of any man of you at all†¦ It’s other things than the like of you, stranger as if you were easily afeard.† The question then in the audience’s mind is does she want something? or is she indicating something? The tramp then talks about Darcy, and Nora, who we know later has an affair with Darcy, is interested in what the tramp has to say about him, and enquires about him. The tramp then describes when and where he met Darcy and how he got to know him. When he tramp talks about Darcy’s death Nora shows some sad emotion and speaks â€Å"sorrowfully†. This shows she is sadder about Darcy’s death then her own husbands. She looks at the bed and speaks more quietly to the tramp about â€Å"after Darcy died she got happy again†. This indicates she is having another affair and that she cannot talk about Darcy around Dan, even if he is dead. This portrays Nora as being an unfaithful wife to Dan as she was having an affair with Darcy whilst he was alive and having one in his last few days or months. She changes the subject and asks if there was anyone else on the road. When the tramp tells her a young man was running after his sheep Nora gives a â€Å"half smile† and is intrigued. She asks about how far he was as if she wanted to meet him. She fills a kettle and puts it in fire to make some tea as if she is expecting someone. We know she is not making tea for the tramp as he has his whisky. So this proves she is expecting someone. She asks the tramp to stay with Dan. We now know this was why she was flirting with him and giving him their best whisky and cigars. In line 42 Nora speaks in â€Å"constraint† – as if she was holding back some enthusiasm to meet the young man but the tramp is uneased and wants to go himself. He doesn’t want to be left alone with the dead body. He continually looks at the dead body after Nora has gone and when she goes he tries to occupy his mind with sewing. After Dan jumps up we know that Dan is trying to trick Nora and that he is very bitter about Nora’s affair with Darcy. We know this as in line 57, the stage instructions tell us that Dan should â€Å"bitterly† say Darcy’s name. In the stage directions it is said you hear a long whistle from outside. This is Nora attracting the young man’s attention. Dab hears this and speaks â€Å"fiercely† in an ashamed way about his wife. He then takes a stick and then goes back to being dead. In this scene where Dan is alive the audience sympathise with Dan, as Nora is not sad about his death and very excited about meeting Michael. When Nora enters the house with Michael, Nora asks about Dan and if he made any sign of being alive. This may be because she suspects Dan of not being dead or just because she is being polite. The tramp lies, as he wants to see what will happen next. Nora then tries to get the tramp to leave the two alone and flirts with him a little by inviting him to use the bed, which could indicate something, â€Å"will you go into the little room and stretch yourself a short while on the bed†. But the tramp pretends to go to sleep nearby so he can hear. Michael is jealous of this and challenges the tramp a little. Once the tramp is asleep, Nora teases Michael and asks him why she should marry him. She is playing hard to get and in line 88 when she says, â€Å"It’s a hard woman I am to please this day, Michael Dara, and its no lie I am telling you.† She tells him about not wanting to be alone and that she wants to be secure and safe. During this time Michael is counting out money. This can be for two reasons – one to get more money or two to have an excuse for marrying Dan. This may be because she feels ashamed of herself and tries to find an excuse to make herself feel better. She aimlessly talks about money and not wanting to end up like a tramp roaming around streets and Michael is trying to console her. She is tempting him with whisky when Dan wakes up. Michael puts arm around her as if he is trying to prove himself when Dan sneezes. Michael is then very scared and begs for forgiveness. When Dan wants to throw Nora out he can only offer a refuge but not at his house. At this Nora is very scared a she would be alone and starts to flirt with Dan. This could be because she thinks if she flirts with him and shows him that she loves him the he would let her stay with him. But when this doesn’t work she curses him. This shows that she is using him and that she doesn’t love him. At the end the tramp to help Nora and they walk out. Nora does not enjoy the idea of not living in a house with no roof over her head as she explains to the tramp, â€Å"I’m thinking it’s myself will be wheezing that time with lying down under the Heavens when the night is cold,† and that she does not appreciate the tramp’s description of the magic of a grand morning when she describes to the tramp â€Å"What good is a grand morning when I’m destroyed surely, and I going out to get my death walking on the roads.† Nora obviously found her punishment unfair as she thought Dan was dead. She did not to be lonely and financially unstable so she acted on this thought alone. I think the writer presented her character well as it was a hard role to write. She had a lot of emotions, which were hard to display, but the point was clear.

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