Monday, November 4, 2019

Critial Review Essay Example | Topics and Well Written Essays - 1250 words

Critial Review - Essay Example It is accepted that his concentration on Alf Laylah in particular to expand his thesis and Arab Islamic culture in general is the main point of the exercise. 1. The narratives of Alf Laylah (The Arabian Nights) are literary representations of traditional folktales. They were also probably in told orally at the time the book was being written. Scribes and clerics wrote them, using insha which can be termed style (rhetorical, bombastic, colored by the male viewpoint of the clerics and their religious nature in the Arab Moslem world at the time. 2. Folklore is learned by those who know it and share it, it encompasses all aspects of the learning process of motivation, stimuli, response, retention, recall etc. So it needs to be looked at in terms of learning rather than explained via psychological interpretations. or society which own it, and the way in which they present it. El-Shamy is concerned that the folk traditions of Arab Islamic cultures have either been ignored or misinterpreted thus far in research, interpretation and indexing and so his intention is to put this right, by the creation of a new Motif Index. He cites his goal as follows: Typology and Classification: The crux of these can be explained simply. The scholars seeking to examine cultures and methods of identification of various aspects of folklore tradition set up ways to classify their findings. Two of these were tale-type and motif. The history of how these were devised and implemented for use then follows, with a reference to the Finnish folk epic Kalevala and its indexing. We learn that Antti Aarne, with a Historical-Georgraphical method, used the tale-type as a research tool, (circa 1910) and that Stith Thompson adapted this and expanded it in 1928 and 1961. The way it works is then explained at length, with much numbering and listing, and also with much digression into who else has had a try

Saturday, November 2, 2019

The case of The Office of Fair Trading vs Abbey National Plc & Others Literature review

The case of The Office of Fair Trading vs Abbey National Plc & Others - Literature review Example The appeal starts by Lord Walker. In The appeal, the Supreme court was to give a verdict as whether the OFT should go ahead and undertake investigations to find out if the charges â€Å"the Banks†, which were the appellants, made for unauthorized overdrafts by their customers were fair. At the moment, banks provided retail banking services on grounds that customers’ accounts that lend the bank money are excluded from paying charges to the bank for services offered. Customers whose accounts had authorized overdrafts only paid charges for the money they borrow â€Å"the Banks†. Customers whose accounts had unauthorized overdrafts, however, paid interest on money borrowed besides paying fixed fees for every service they received from â€Å"the banks†. The Office of Fair Trading holds investigative powers on consumer contracts’ fairness terms. The power of the Office of Fair Trading, however, has limitations bound to it. The limitations stipulated in th e Unfair Contract Terms, in Consumer Regulations 1999. The Unfair Contract Terms, in Consumer Regulations 1999, implemented European Council Directive 93/13/EEC. The directives help protect customers and ensure a favorable business environment for fair trading. OFT has the mandate on undertaking this. The provisions regulation 6 (2) (b) give way for evaluate trading activities of a business enterprise or organization. OFT scrutinizes the activities so as to determine the level of fairness of the activities. The OFT scrutinizes contracts and customer satisfaction to determine their fairness. In the case the court of appeal did hold the point of exclusion in the case only to the contracts’ â€Å"core terms†. The court excluded ancillary terms as charges for unauthorized overdrafts on reasons that the charges were within the exclusion. The charges, according to the court, were part of the charges for banking services provided. At first instance ([2008] EWHC 875 (Comm), an d in the Court of Appeal, OFT was successful. Under the Unfair Terms in Consumer Contracts Regulations 1999, the Office of Fair Trading wished to conduct an investigation on â€Å"the Banks’† relevant terms in their contracts with customers by imposing charges on customers whose accounts had unauthorized overdrafts. The Office of Fair Trade hold mandate to undertake the investigation, notwithstanding regulation 6 (2) (b).The decision of both the High Court and the Court of Appeal that regulation 6 (2) (b) could not deter the OFT from doing the investigation made â€Å"the banks† to file appeal. Lord Walker emphasized the lack of decision on the fairness of the system of charging current account customers with unauthorized overdrafts. The court could only decide on the investigative mandate of the OFT (para 3). Lord Mance reaffirmed the investigative roles of OFT (para 61). Determining whether charges were consisted ‘cost and revenue’ as against â₠¬Ëœthe goods or services distributed in exchange’ within the meaning of the Regulations was the main point to decide on. First, charges were ‘in exchange’ for the transactions to which they relate should the customer have inadequate funds to do so (Para 75). Secondly, regulation 6 (2) (b) no longer had a standing to the â€Å"ancillary† charges in the binding form (Paras 38-41, 47, 78, 112)1. In his reasoning, Lord Mance stated that, if in case the contracts were to serve as the package, then the charges levied would be fair. He further states that the charges