Variation in Education between Industrial and Developing Countries

While there remain many differences between developing and industrialized nations, one particularly important area in which these differences persist is in education. This essay examines some of the many differences in education between developing and industrialized nations, including differences in access to education, quality of education received, and availability and uptake of higher education.Access to EducationOne of the major differences in education between industrial and developing nations is the level of access which children have to education. Children in developing countries tend to have far less access to education at all levels than children in industrialized nations, although the differences have been particularly well studied in relation to primary education. For example it is estimated that of the 113 million children of primary school age across the world who don’t have access to education, 94 percent live in developing nations (Glewwe & Kremer, 2006).There a re many different factors which may contribute to this, and in fact there are many subgroups within developing countries which differ in terms of access to education. For example those living in rural areas are far less likely to have access to education at any level than those living in urban areas. In addition, some groups such as females and those with disabilities may also have much lower access to education for a number of reasons, many of which may be governed by cultural beliefs and expectations and financial factors (Filmer, 2008).School Enrolment and Years in EducationEven where education is available, there are still often low enrolment rates in developing nations. This may be partially related to legislation in different countries – for example schooling is mandatory to a certain age in most industrial nations, while it is still predominantly voluntary in most developing nations. In addition, other factors in these countries may dominate the level of enrolment with in certain groups, for example in many developing nations fewer females are enrolled in schools than males due to expectations for their performing domestic duties from a young age (Lloyd et al., 2008).In fact there appear to be significant differences in the years of schooling which are typically received by school children in developing nations and industrialized countries, even where rates of enrolment may be initially quite high. It has been suggested that the mean years of schooling has increased by around 3 years across developing countries since the 1960s, but most schoolchildren in developing nations still receive many years less schooling than those in richer countries (Glewwe & Kremer, 2006).Quality of EducationThere is also suggested to be a stark contrast in the quality of education which is offered to children in developing nations when compared to industrialized countries. The evidence which is cited as indicating lower quality includes much higher rates of grade repet ition and the early leaving age of many children from school (Glewwe & Kremer, 2006). While this may to some extent indicate a lower quality of education (Hanushek et al., 2008), it must however also be considered that a lower school leaving age may also be associated with a need to engage in employment in a younger age in many developing countries (Gunnarsson et al., 2006).There are many different factors which may contribute to the lower quality education which is found in many developing nations, including a lack of funding and a lack of resources including both basic teaching materials and access to suitably qualified teaching staff (Glewwe & Kramer, 2006). Many developing nations may be in a difficult position to address these problems without outside assistance from developed countries.Higher EducationAccess to education is not only much lower in primary education in developing nations, but also higher levels of education. Higher education remains far more popular in the indus trialized countries than in developing countries, and several studies have shown there to have been a marked increase in uptake in industrialized nations since the Second World War. For example most industrialized countries now have a university enrolment rate of more than 50 percent of the 18 to 21 year age group, while some have a rate of up to 80 percent (Schofer & Meyer, 2005). This does not however necessarily reflect a difference in the level of education in the younger age groups; instead this is more likely to be related to differences in the demand for higher education qualifications and the availability of funding for these courses. For example in many developing nations there remains more of an emphasis on practical training and there may also be less financial support for higher education courses (Altbach & Knight, 2006).ConclusionsIt is clear that there remain substantial differences between many developing and industrialized nations in terms of the education which is b oth offered and received. It is recognized that the differences in the levels of access to education, the rates of enrolment and the quality of education which is delivered may be particularly important, as each of these may be directly related to the economic development of a country.

Common law Essay

A Tort is the French word for a â€Å"wrong.† A tort is a civil wrong. A civil wrong involves a breach of a duty owed to someone else, as opposed to criminal wrongdoing which involves a breach of a duty owed to society. Torts are civil wrongs other than breaches of contract and certain equitable wrongs. The law of torts law is a remainder category of civil wrongs once other wrongs are excluded. It covers a grab bag of legal cases comprising such disparate topics as auto accidents, false imprisonment, slander and libel, product liability (such as defectively designed consumer products), and environmental pollution (toxic torts). A person who suffers legal damage may be able to use tort law to receive damages (usually monetary compensation) from someone who is responsible or liable for those injuries. Generally speaking, tort law defines what is a legal injury and what is not. A person may be held liable (responsible to pay) for another’s injury caused by them. Torts can be classified in a number of different ways, one is to distinguish according to degree of fault, so that there are intentional torts, negligent torts, and strict liability torts. In much of the Western world, the measure of tort liability is negligence. If the injured party cannot prove that the person believed to have caused the injury acted with negligence (lack of reasonable care), at the very least, tort law will not compensate (pay) the victim. However, tort law also recognizes intentional (purposeful) torts and strict liability torts, which apply when the person accused of committing the tort satisfied certain standards of intent (meaning) and/or performed certain types of conduct. In tort law, injury is defined broadly. Injury does not just mean a physical injury, such as where Brenda was struck by a ball. Injuries in tort law reflect any invasion of any number of individual interests. This includes interests recognized in other areas of law, such as property rights. Actions for nuisance (annoying or hurting) and trespass (unlawful entering) of land can arise from interfering with rights in real property. Conversion law and trespass to chattels (personal property) can protect interference with movable property. Interests in prospective (possible future) economic advantages from signed agreements can also be injured and become the subject of tort actions. A number of situations caused by parties in a contractual (written agreement) relationship may still be tort rather than contract claims, such as breach of duties. Tort law may also be used to compensate (pay) for injuries to a number of other individual interests that are not recognized in property or contract law. This includes an interest in freedom from emotional distress, privacy interests, and reputation. These are protected by a number of torts such as Intentional infliction of emotional distress, privacy torts, and defamation/slander (destruction of a reputation). Defamation and privacy torts may, for example, allow a celebrity to sue a newspaper for publishing an untrue and harmful statement about him. Other protected interests include freedom of movement, protected by the intentional tort of false imprisonment which is when you are arrested without cause. The equivalent of tort in civil law jurisdictions is delict. The law of torts can be categorised as part of the law of obligations (duties), but unlike voluntarily assumed obligations (such as those of contract, or trust), the duties imposed by the law of torts apply to all those subject to the relevant jurisdiction. To behave in tortious manner is to harm another’s rights, body, property or other rights. One who commits a tortious act is called a tortfeasor. Law of torts consists of some general defense, which can be pleaded in the court of law to get justice. Types of general defenses 1) INEVITABLE ACCIDENTS[1]: The plea of inevitable accident is usually spoken of as a defense but is, strictly speaking, not a defense but only a denial of liability. For instance, in an action for bodily harm, the plaintiff has ordinarily to prove intent or negligence of the defendant; and if he fails to do so, his injury may be said to be an inevitable accident. The burden to prove plea of inevitable accident lies on the defendant and to establish the defense, the respondent will have to establish that accident could not have been avoided by exercise of ordinary care and caution. Ex: Ryland’s v Fletcher 2) MISTAKE[2]: Mistake of law is generally no defense to civil or criminal liability. Mistake of fact is a general defense under the IPC, but not to an action in tort. For instance, an officer who executes a warrant of arrest against the wrong man by mistake is not guilty of a crime, but he will be liable in an action for false imprisonment. Mistake would be an excuse only in those exceptional cases where an unlawful intent or motive is an essential ingredient in liability. Ex: Hollins v Fowler 3) EXERCISE OF COMMON RIGHTS[3]: This, like inevitable accident, is really nota defense but a denial of a breach of duty or violation of rights, as where the defendant builds on his land and shuts f the light of a new house of his neighbour or opens a new shop and ruins an older rival. The defense is necessary on the assumption that their is a general rule of liability for intentional harm. 4) VOLENTI NON FIT INJURIA[4]: It is also known as the defense of consent. Volenti non fit injuria[5] It is a Latin word which means â€Å"to a willing person, no injury is done† or â€Å"no injury is done to a person who consents†) is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they cannot then sue if harm actually results. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Volenti is also known as a â€Å"voluntary assumption of risk.† In Law of Torts, Volenti non-fit injuria is an exception to liability in torts. It means: Where the sufferer is willing and has the knowledge , no injury is done. the precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an assumption of the risk and is precluded from a recovery for an injury ensuing there from. Volenti non fit iniuria (or injuria) (Latin: â€Å"to a willing person, injury is not done†) is a common law doctrine which states that if someone willingly places with proper knowledge themselves in a position where harm might result, they are not able to bring a claim against any damages from the other party in tort. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Or a person watching a cricket match getting hurt by the ball can be consented. No act is actionable as a tort at the suit of a person who has expressly or impliedly assented to it. In order to plead this defence, it is necessary that the plaintiff should have consented to physical risk or damage as well as to legal risk (i.e. he will get no remedy in law). ESSENTIAL CONDITIONS ââ€" ª Consent must be given freely ââ€" ª Consent must not have been given to an illegal act ââ€" ª Knowledge of risk is not the same thing as consent to run the risk OR 1. A voluntary 2. Agreement 3. Made in full knowledge of the nature and extent of the risk. 1.Voluntary The agreement must be voluntary and freely entered for the defence of Volenti non fit injuria to succeed. If the Claimant is not in a position to exercise free choice, the defence will not succeed. This element is most commonly seen in relation to employment relationships, rescuers and suicide. 2.Agreement The second requirement for the defence of Volenti non fit injuria is agreement. The agreement may be express or implied. An example of an express agreement would be where there exists a contractual term or notice. 3.Knowledge The Claimant must have knowledge of the full nature and extent of the risk that they ran. The test for this is subjective and not objective and in the context of an intoxicated Claimant, the question is whether the Claimant was so intoxicated that he was incapable of appreciating the nature of the risk. Volenti is sometimes described as the plaintiff â€Å"consenting to run a risk.† In this context, volenti can be distinguished from legal consent in that the latter can prevent some torts arising in the first place (for example, consent to a medical procedure prevents the procedure from being a trespass to the person, or consenting to a person visiting your land prevents them from being a trespasser). | | | | Volenti in English[6] In English tort law, volenti is a full defence, i.e. it fully exonerates the defendant who succeeds in proving it. The defence has two main elements: The claimant was fully aware of all the risks involved, including both the nature and the extent of the risk; and The claimant expressly (by his statement) or impliedly (by his actions) consented to waive all claims for damages. His knowledge of the risk is not sufficient: sciens non est. volens (â€Å"knowing is not volunteering†). His consent must be free and voluntary, i.e. not brought about by duress. If the relationship between the claimant and defendant is such that there is doubt as to whether the consent was truly voluntary, such as the relationship between workers and employers, the courts are unlikely to find volenti. It is not easy for a defendant to show both elements and therefore contributory negligence usually constitutes a better defence in many cases. Note however that contributory negligence is a partial defence , i.e. it usually leads to a reduction of payable damages rather than a full exclusion of liability. Also, the person consenting to an act may not always be negligent: a bungee jumper may take the greatest possible care not to be injured, and if he is, the defence available to the organiser of the event will be volenti, not contributory negligence. In the first case (decided before the Occupier’s Liability Act was passed), a girl who had trespassed on the railway was hit by a train. The House of Lords ruled that the fencing around the railway was adequate, and the girl had voluntarily accepted the risk by breaking through it. In the second case, a student who had broken into a closed swimming-pool and injured himself by diving into the shallow end was similarly held responsible for his own injuries. The third case involved a man who dived into a shallow lake, despite the presence of â€Å"No Swimming† signs; the signs were held to be an adequate warning. The defence of volenti is now excluded by statute where a passenger was injured as a result of agreeing to take a lift from a drunk car driver. However, in a well-known case of Morris v Murray [7][volenti was held to apply to a drunk passenger, who accepted a lift from a drunk pilot. The pilot died in the resulting crash and the passenger who was injured, sued his estate. Although he drove the pilot to the airfield (which was closed at the time) and helped him start the engine and tune the radio, he argued that he did not freely and voluntarily consent to the risk involved in flying. The Court of Appeal held that there was consent: the passenger was not so drunk as to fail to realise the risks of taking a lift from a drunk pilot, and his actions leading up to the flight demonstrated that he voluntarily accepted those risks. Rescuers For reasons of policy, the courts are reluctant to criticize the behavior of rescuers. A rescuer would not be considered volens if: He was acting to rescue persons or property endangered by the defendant’s negligence; He was acting under a compelling legal, social or moral duty; and His conduct in all circumstances was reasonable and a natural consequence of the defendant’s negligence. An example of such a case is Haynes v. Harwood[8], in which a policeman was able to recover damages after being injured restraining a bolting horse: he had a legal and moral duty to protect life and property and as such was not held to have been acting as a volunteer or giving willing consent to the action – it was his contractual obligation as an employee and police officer and moral necessity as a human being to do so, and not a wish to volunteer, which caused him to act. By contrast, in Cutler v. United Dairies [9]a man who was injured trying to restrain a horse was held to be v olens because in that case no human life was in immediate danger and he was not under any compelling duty to act. Unsuccessful attempts to rely on volenti: Examples of cases where a reliance on volenti was unsuccessful include: Nettleship v. Weston[10] Baker v T E Hopkins & Son Ltd[11]). In the first case, the plaintiff was an instructor who was injured while teaching the defendant to drive. The defence of volenti failed i.e. because the plaintiff specifically inquired if the defendant’s insurance covered him before agreeing to teach. In the second case, a doctor went in to try to rescue workmen who were caught in a well after having succumbed to noxious fumes. He did so despite being warned of the danger and told to wait until the fire brigade arrived. The doctor and the workmen all died. The court held that it would be â€Å"unseemly† to hold the doctor to have consented to the risk simply because he acted promptly and bravely in an attempt to save lives. Hall v. Brooklands Auto-Racing Club [12] The plaintiff paid to enter a motor-car race track to watch races on a track owned and managed by the defendants. On the evening the plaintiff was spectating, two of the race-cars collided near the barrier between the spectators and the track. The cars collided with the barrier and caused severe injury to the plaintiff and others. The defendants were held liable to pay damages by a jury who found that they had not taken reasonable precautions to protect spectators. On appeal by the defendant, it was held that there was no evidence to find the defendants had not taken reasonable precautions and that there was no obligation to ensure safety in all circumstances, just that reasonable precautions were taken. The defendant’s case was upheld. Wooldridge v Sumner [13] Facts The plaintiff, Mr. Wooldridge, who was a photographer at a horse race, was injured by the horse belonging to the defendant, Sumner, which was ridden in a competition by Sumner’s, who was a skilled and experienced horseman. 1 Judgment The Court of Appeal held that Sumner owed no duty of care to Wooldridge in this case. As a spectator, Wooldridge accepted the risks involved in a horserace he came to watch. As a reasonable participant in the race, which is a fast and competitive sport, the horseman was expected to concentrate on the race and not on the spectator. In the course of a fast moving competition such as this one, he could be expected to make errors of judgment. As long as the damage was not caused recklessly or deliberately, the participant in a race could not be held liable for the spectators’ injuries because he was not negligent, i.e. not in breach of his duty. Dann v. Hamilton [14] The Claimant was injured when she was a willing passenger in the car driven by the Mr. Hamilton. He had been drinking and the car was involved in a serious crash which killed him. In a claim for damages the Defendant raised the defence of volenti non fit injuria in that in accepting the lift knowing of his drunken condition she had voluntarily accepted the risk. Held: The defence was unsuccessful. The claimant was entitled to damages. Asquith J: â€Å"There may be cases in which the drunkenness of the driver at the material time is so extreme and so glaring that to accept a lift from him is like engaging in an intrinsically and obviously dangerous occupation, intermeddling with an unexploded bomb or walking on the edge of an unfenced cliff. It is not necessary to decide whether in such a case the maxim volenti non fit injuria would apply, for in the present case I find as a fact that the driver’s degree of intoxication fell short of this degree†. HAYNES v HARWOOD [15] facts The plaintiff, a police constable, was on duty inside a police station in a street in which, at the material time, were a large number of people, including children. Seeing the defendants’ runaway horses with a van attached coming down the street he rushed out and eventually stopped them, sustaining injuries in consequence, in respect of which he claimed damages. HELD 1) That on the evidence the defendants’ servant was guilty of negligence in leaving the horses unattended in a busy street. 2) that as the defendants must or ought to have contemplated that some one might attempt to stop the horses in an endeavour to prevent injury to life and limb, and as the police were under a general duty to intervene to protect life and property, the act of, and injuries to, the plaintiff were the natural and probable consequences of the defendants’ negligence. 3) That the maxim â€Å"volenti non fit injuria† did not apply to prevent the plaintiff recovering. . 1 Imperial Chemical Industries v Shatwell [16] Volenti non fit injuria, [Latin: no wrong is done to one who consents] The defense that the plaintiff consented to the injury or (more usually) to the risk of being injured. Facts The plaintiff and his brother were were certificated and experienced shotfirers employed by ICI Ltd in a quarry owned by the defendant company. Part of the brothers’ works included wiring up detonators and checking the electrical circuits. There was an old practice where a galvanometer was applied directly to each detonator for testing purposes. This practice was known to be dangerous and was outlawed by statutory regulation. The plaintiff claimed his brother was 50 per cent to blame for the explosion and the employer was vicariously liable. The plaintiff was awarded half of the total amount of damages. The defendant appealed. The Decision The plaintiff and his brother were both experts. They freely and voluntarily assumed the risk involved in using the galvanometer. There was no pressure from any other source. To the contrary, they were specifically warned about complying with the new safety regulations. The defence of volenti non-fit injuria will apply when there is true and free consent to the risk. Note (1) the employers not being themselves in breach of duty, any liability of theirs would be vicarious liability for the fault of J, and to such liability (whether for negligence or for breach of statutory duty) the principle volenti non fit injuria afforded a defence, where, as here, the facts showed that G and J knew and accepted the risk (albeit a remote risk) of testing in a way that contravened their employers’ instructions and the statutory regulations. (2) Each of them, G and J, (the brothers) emerged from their joint enterprise as author of his own injury, and neither should be regarded as having contributed a separate wrongful act injuring the other. The defence of volenti non fit injuria should be available where the employer is not himself in breach of statutory duty and is not vicariously in breach of any statutory duty through neglect of some person of superior rank to the plaintiff and whose commands the plaintiff is bound to obey, or who has some special and different duty of care. Nettleship v Weston [17] is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. In this case the court had considered the question of the standard of care that should be applied to a learner driver, and whether it should be the same as is expected of an experienced driver. | | Facts Mr. Nettleship, the plaintiff, agreed to teach Mrs. Weston, the defendant, to drive in her husband’s car, after he had inquired the insurance policy. During one of the lessons, the defendant lost control of the car and caused an accident in which the plaintiff was injured. The defendant argued that the plaintiff was well aware of her lack of skill and that the court should make allowance for her since she could not be expected to drive like an experienced motorist. 3 Judgment The Court of Appeal, consisting of Lord Denning MR, Salmon LJ and Megaw LJ held that applying a lower standard to the learner driver because the instructor was aware of his inexperience would result in complicated shifting standards. It would imply, for example, that an inexperienced doctor owed his patient a lower standard of care if the patient was aware of his lack of experience. The standard of care for a learner driver would be the usual standard applied to drivers: that of an experienced and skilled driver. The policy consideration that played a role in this decision was that the learner driver was covered by insurance. Over the dissent of Megaw LJ, the Court of Appeal held that the instructor was also responsible for the accident as he was partially in control of the car and should only be able to recover half of his damages due to negligence. Able to recover half of his damages due to contributory negligence. Baker v T E Hopkins & Son Ltd[18] 1 Facts Two employees of the defendant company were overcome by carbon monoxide fumes in a well they were attempting to decontaminate. The plaintiff, a doctor, went in to try to rescue them even though he was warned of the fumes and told that the fire brigade was on the way. All the three men died. 2 Judgment The defendant company argued that the (the estate of) the plaintiff doctor should either not be compensated because the doctor knowingly accepted the risk he was taking or his damages would be reduced for contributory negligence. The Court of Appeal considered that such a suggestion was â€Å"ungracious† and that it was unseemly and irrational to say that a rescuer freely takes on the risks inherent in a rescue attempt. The doctor’s contributory negligence could only be recognized if he showed â€Å"a wholly unreasonable disregard for his own safety†. 3 Significance This case is one of the many in which the courts have refused to hold rescuers who have suffered in their rescue attempts to have negligently contributed to their injuries or accepted the risks involved in their rescue attempt. This applies to both amateur and professional rescuers, such as fire fighters (See Ogwo v. Tailor [19]) INDIAN CASES United India Insurance Co. Ltd. vs Guguloth Khana And Ors.[20] Facts:– On 23-5-1991 a lorry bearing No. AP 26-T-364 belonging to M/s. Amruthesh Transport Company started at Warangal with some load of groundnut oil cake to go to Anakapalle in Visakhapatnam. One Ch. Mallikarjun was engaged as driver of the said lorry. There was a comprehensive insurance policy for the lorry with the United India Insurance Company. When the lorry reached near Thorrur village on the way leading to Khammamm P.W.D. Road, several villagers were waiting on the road, due to lack of transport facility because of the assassination of Sri Rajiv Gandhi on the previous day (22-5-1991). Then, about 25 persons, including some children and women boarded the lorry. The lorry, after travelling about five kilometers from Thorrur village and reached near Mattedu village, the driver of the lorry applied sudden brakes whereby the lorry turned turtle, as a result of which twelve persons died on the spot and three more persons also died after they were taken to hospital. Ten persons sustained injuries. The claimants, either the injured or the legal heirs of the persons who died in the accident, have filed the O.Ps against the owner, driver and insurer of the lorry. Before the Motor Accidents Claims Tribunal, the driver of the lorry who was served with notices in the O.Ps remained ex parte. Before the Tribunal, owner of the lorry filed counter, denying the averments in the O.Ps, contending that the driver of the lorry was not responsible for the accident. It was contended that at the time of the accident, another lorry was coming in the opposite direction at high speed in a rash and negligent manner, and to avert accident, the driver of the lorry applied sudden brakes by taking the lorry to the extreme left side of the road. Due to bad condition of the road, the lorry turned turtle resulting in fatal road accident. He also contended that he has given strict instructions to the lorry drivers not to carry passengers on their lorries. Before the Tribunal, the present appellant-Insurance Company also filed counters admitting that the lorry involved in the accident was insured with it as a goods vehicle, in which passengers are not allowed to travel. It was contended that as per the conditions of insurance policy only six persons are authorized to travel in the lorry and that the persons who travelled in the lorry were unauthorized passengers. It was contended that even if for any reason it is considered that the deceased and injured are non-fare paying passengers, the liability of the Insurance Company is limited to Rs. 15,000/- in case of death and lesser amount for injuries. The Insurance Company disputed the quantum of compensation claimed in the O.Ps. by the respective claimants. Issues raised †¢ Whether the accident took place due to rash and/or negligent driving by respondent No. 1? †¢ To what compensation if any, the petitioners are entitled to and if so, against which of the respondents? †¢ To what relief ? Subsequently, the issues were recast as under: âž ¢ Whether the accident took place due to rash and/or negligent driving of the lorry by its driver Ch. Mallikarjun? âž ¢ Whether there were specific instructions issued to the drivers of the Transport Company that they should not carry passengers enroute and if so, on that ground that owner of the crime vehicle is not liable to pay the compensation in the claim petitions? âž ¢ Whether the third respondent Insurance Company is not liable to cover the risk of the deceased and injured involved in the accident under the terms of the Insurance policy, the copy of which is marked as Ex.B-1 along with the terms and conditions of the policy including Indian Motor Tariff marked as Ex. B-2? âž ¢ Whether the petitioners are entitled for compensation, if so, to what amount and from whom? âž ¢ To what relief? . Decision (a) On consideration of the oral and documentary evidence on record, the Tribunal held that the accident has taken place due to rash and negligent driving of the lorry by its driver. The Tribunal negatived the contention of the owner of the lorry that he is not liable to pay compensation. Basing on these two findings and the medical and documentary evidence available on record, different amounts of compensations were granted to the different claimants in the respective O.Ps, who are arrayed as respondents in the appeals. (b) Aggrieved by the same, the present appeals are filed by the Insurance Company. (c) The first contention advanced by the Counsel for the appellant-Insurance Company is that the injured/deceased who travelled in the lorry are unauthorized passengers in a goods vehicle and the insurance policy issued is for the goods vehicle and there is no reason to fasten the liability on the Insurance Company; it is a violation of policy conditions and there is no need to fix the liability against the present appellant-Insurance Company. (d) The second contention advanced by the Counsel for the appellant-Insurance Company is that the owner of the lorry got examined R.W. 1, Manager in the Transport Company, who stated that he was informed by the driver of the lorry that the injured/ deceased unauthorisedly entered the lorry, and the maxim/doctrine â€Å"volenti non fit injuria† applied to this case as they voluntarily entered into the lorry at their own risk and there is no reason to fasten liability on the Insurance Company. (e) In these cases, so far as the first contention of the Counsel for appellant that the claimants/respondents are travelling as a gratuitous passengers in a goods vehicle and not entitled for compensation and the Insurance Company is not liable to pay any such compensation, is concerned, it is contrary to the principle laid down by the Supreme Court in New India Assurance Company v. Shri Satpal Singh and Ors[21]. . In that case, the Supreme Court considering clause (ii) of proviso to Sub-section (1) of Section 95 of the Motor Vehicles Act, 1939 (Old Act) and Section 147 of the Motor Vehicles Act, 1988 (new Act), and noticing the absence of a similar clause in the new Act, held†Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦under the new Act an insurance policy covering third party risk is not required to exclude gratuitous passengers in a vehicle, no matter that the vehicle is of any type or class†. In view of the above ruling of the Supreme Court, there is no merit in the first contention of the appellant, that the injured/legal heirs of the deceased in these cases are not entitled to any compensation on the ground that they are gratuitous passengers, is without substance and the same is hereby rejected. . [i](f) Learned Counsel for the appellant-Insurance Company relied on the decision in V. Gangamma v. New India Assurance Co. wherein a learned Single Judge of this Court held that the Insurance Company is not liable to pay compensation to the dependants of the deceased persons who are travelling in the vehicle at the time of accident as trespassers and not as passengers. The facts of that case are entirely different from that of the facts in these appeals. In the case cited, the claimants were treated as passengers on the basis of evidence of R. W. 1 (the driver of the lorry therein), who categorically stated that the claimants-therein have forcibly entered into the lorry asking him to take them to particular place and threatened to beat him if he does not do so. In the present cases, there is no evidence to show that the claimants/deceased entered into the lorry forcibly with any threat to the driver of the lorry. So, the decision in Gangamma’s case (3 supra) is not applicable to the case on hand. The appeals was dismissed. BIBLIOGRAPHY †¢ Rmaswamy Ayers LAW OF TORTS 10th edn.(by A Lakshminath &M Ssridhar) †¢ Winfield and jodowiez, TORT WVH Jogers,7th edn. †¢ 1990] 3 All ER 801 ( Court of Appeal), †¢ [1935] 1 KB †¢ [1933] 2 KB 297 †¢ [1971] 3 All ER 581 (Court of Appeal †¢ [1959] 3 All ER 225 (Court of Appeal †¢ (1933) 1 KB 205 †¢ [1963] 2 QB 23 †¢ 1959] 3 All ER 225 (Court of Appeal †¢ [1988] AC 431). †¢ II (2001) ACC 392, 2001 (2) ALT 185 [1999] RD-SC 411 ———————– [1] Rmaswamy ayers LAW OF TORTS 10th edn.p.939(by A Lakshminath &M Ssridhar) [2] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [3] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [4] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [5] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1057 [6] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1058 [7]1990] 3 All ER 801 ( Court of Appeal), [8] [1935] 1 KB 146 [9] [1933] 2 KB 297 [10] [1971] 3 All ER 581 (Court of Appeal [11] [1959] 3 All ER 225 (Court of Appeal [12] (1933) 1 KB 205 [13] [1963] 2 QB 23 [14] [1939] 1 KB 50 [15] [1935] 1 KB 146 [16] [1964] All ER 999 [17] [1971] 2 QB 691 [18] 1959] 3 All ER 225 (Court of Appeal [19] [1988] AC 431). [20] II (2001) ACC 392, 2001 (2) ALT 185 5 [21] [1999] RD-SC 411 ———————– ———————– |LAW OF TORTS |August 29 | | |2013 | |THIS RESEARCH PAPER BRINGS OUT THE APPLICATION OF VOLENTI NON FIT INJURIA, AS A | VOLENTI NON FIT INJURIA &CASES | |DEFENCE IN TORT LAW. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

Hot Asphalt Mix Lab Report Example | Topics and Well Written Essays - 750 words

Hot Asphalt Mix - Lab Report Example   This implies that the cohesive forces between the mixture particles are at their minimal. This is considering that in cohesive materials; the cohesive forces reduce with the increase in the moisture volume. At high temperatures, the viscosity of the asphalt reduces making it be more of a liquid. This permits the particles of the aggregate to interlock in an effective way. At a slightly lower temperature, the binder will act as a lubricant allowing the aggregate of the asphalt to undergo densification and shift in the process of compaction. Further temperature reduction leads to a binder stiffening in which case its cohesion avoids any more densification. From the results, it is clear that as the content of asphalt increase, the asphalt thickness of the aggregate also increases. At the temperatures set for compaction, the thickened films make the effect of lubrication to be experienced more. The mixture temperature has an effect on the process of compaction in a similar way the content of asphalt does. However, there is a limit to the temperature which is 150 degrees. Above this temperature will lead to asphalt damage through hardening being accelerated. On the other hand, there is also a lower temperature limit which is approximately 85 degrees; any temperature below this means that there is need of compaction effect on the content of void. Asphalt mix in most cases has many volumetric properties which are constituent of few properties in the volume like voids in the aggregate of the mineral, void in asphalt, void in the total mix. The crucial void in the air is directly related to the density (Marker, 284). The results showed the air void to range from 2.618 to 8.631 and the average is 4.613%. The average gives a perfect figure for the mixtures that are dense-graded.  Ã‚  

The term merger Essay Example | Topics and Well Written Essays - 500 words

The term merger - Essay Example 2. Forward/backward integration: By merging itself with a client or a vendor company, a company can result in assured raw materials/sales, minimize uncertainty and get better pricing. For example, an Iron and Steel manufacturer may merge itself with a mining company to secure its raw material supply. 3. Expanding product/services bouquet: By merging with similar but non competing firms, companies can increase their product offering, enter new markets and cross sell their products. For example, a website development firm may merge itself with an Internet analytics and Internet marketing firm and cross sell its services. Similarly, a Iron and steel manufacturing company may merge with a Sheet rolling company to move up the value chain. 4. Expanding in other geographical markets: Business organizations also use cross border mergers and acquisitions to expand into new geographical markets. Mergers and acquisitions are perhaps the fastest way of entering a new geographical market. There have been numerous studies and researches conducted that tried to enumerate the reasons behind successful mergers.

Company Law Case Study Example | Topics and Well Written Essays - 1500 words

Company Law - Case Study Example These people are called "owners", composed of the incorporators, directors, and the stockholders. Another point to consider is that a corporation, once approved, has a legal personality separate and distinct from its owners. Having a legal personality separate and distinct from its owners gives the corporation a limited liability to shareholders. Limited liability is a legal doctrine which means that if a "plaintiff wins a court judgment against the corporation, he (the plaintiff) cannot satisfy the judgment out of the personal assets of the owners, rather, the plaintiff must collect from the assets of the corporation".2 Limited liability is likened to a "veil" that offers the owners of the business protection for their personal assets, like for instance, if one of the co-owners or employees commits an unlawful action that injures someone, or if someone sues the corporation for non-payment of debt.3 But is the limited liability doctrine absolute The answer is it is not.4 The corporate law protection of limited liability can be lost through 1) piercing of the corporate veil, 2) defective incorporation, 3) improper signing of documents.5 This essay aims to discuss piercing the corporate veil by first explaining the limited liability rule followed by ... This doctrine is used when the property or assets of the corporation is not enough to support its liabilities.6 "The phrase relies on the metaphor of the 'veil' that represents the veneer of formalities and dignities that protect a corporation, which can be disregarded at will when the situation warrants looking beyond the 'legal fiction' of a corporate person to the reality of other persons or entities who would otherwise be protected by he corporate fiction."7 The formation of this doctrine can be traced beginning from a number of cases formulating the law formulating the law principle of separate and distinct legal personality of corporations. This principle of English law company was firs laid down in the case of Salomon v. Salomon.8 Mr. Salomon formed a company by apportioning one share for each of his family members to comply with the statute at that time which required at least seven members to form a company. Mr. Salomon later became a secured creditor of the company. When the company fell on hard times, it paid Mr. Salomon's debenture. The unsecured creditors claimed all the remaining assets of the company arguing that it worked as an agent for Mr. Solomon. The Court held otherwise. The effect of this rule is that the individual subsidiaries with in a conglomerate will be treated as separate entities and the parent cannot be made liable for the subsidiaries' debts or insolvency.9 Attempts to lift the principle of separate and distinct legal personality of corporations were unsuccessful in a number of cases that followed after the establishment of the said principle. For instance, in Adams v. Cape10 , it was held that the corporate veil cannot be lifted

What Being A Leader Means To Me Essay Example | Topics and Well Written Essays - 500 words

What Being A Leader Means To Me - Essay Example A good leader inspires confidence in their followers. When I was captain of the football team, my fellow teammates were confident in my leadership. When I would go over plays, my teammates knew I had the best interest of the team at heart. When my plays would be successful most of the time, my teammates grew more confident in my leadership. I knew that I was responsible for successful plays. The whole team looked to me. That meant hard work on my part. In order to inspire confidence, I had to offer successful plays. This was accomplished by researching other teams, not to mention the hours of plays I watched on video. I put in hours and hours in order to inspire confidence from my teammates. The second part of being a leader is setting example by actions, not just words. My teammates and I had to endure grueling practices. Some of my teammates might get injured and sit out on practices. I did not have that luxury. In order to set an example by action, I had to endure despite the pain, fatigue, and my body’s weakness. I had to continue in order to inspire my team. If I quit over an injury or fatigue, then I could never ask my teammates for one hundred ten percent, because I did not live up to that standard myself. If my teammates did twenty laps, I had to do twenty-one in order to prove I was a leader. I had to make every practice, or not expect my teammates to make every practice. Actions speak louder than words. My leadership is an action orientated leadership. Finally, as a leader I did make mistakes. Sometimes my plays were not always successful. Instead of blaming a teammate, I would accept the responsibility. However, when I made a mistake, I would learn from that mistake. If a certain teammate could not catch the ball, I did not put him in the position to catch the ball. Every individual has weaknesses and strengths. I would play to the

JOURNAL REFLECTIVING USE SELF AWRENESS IN HELPING WORK Coursework

JOURNAL REFLECTIVING USE SELF AWRENESS IN HELPING WORK - Coursework Example Self-awareness entails consciousness of communication styles and how they affect the clients’ perceptions of counsellors’ professional abilities and empathy. Self-aware counsellors know how to choose proper communication styles that are best for clients, in order to make them feel that client welfare is their counsellors’ main priority (Uhlemann and Jordan, 2012, p.71). Some self-awareness practices involve appropriate sitting position and distance and eye-contact considerations. Counsellors should be able to sit at the right position and distance that respect clients’ personal space. They must be close enough though to easily show their empathy for them. Counsellors should also be able to know how comfortable clients are with eye contact through observing their nonverbal reactions to it, although many people trust others who can see them literally eye-to-eye. Being aware of these behaviours can make clients feel more comfortable in communicating with thei r counsellors and improve the ease of establishing counsellor-client trust. Besides communication behaviours, self-awareness also means being aware of their strengths and weakness, including biases and limitations. Self-aware counsellors recognize their skills and abilities (Uhlemann and Jordan, 2012, p.71). They know how to be concrete and specific with their advice and how to help their clients improve their ability to make action plans. An example of strength is being able to discuss various coping options for clients because of the knowledge of different coping mechanisms across cultures. Apart from strengths, self-aware counsellors know their weaknesses. An example of a weakness is getting frustrated with female clients who cannot leave their irresponsible husbands, even when these men are violent and unfaithful. Some counsellors may sense anger and frustration in their voices and behaviours when they hear about men taking advantage of these

Movement and Protest Essay Example | Topics and Well Written Essays - 750 words

Movement and Protest - Essay Example Instead, the activists champion and maximize the safety and security of all participants, together with their families and property. Their specific form of public complaint by the group is a protest, disobedience, or direct action. The resistance movement was organized around a popular #hashtag known as #occupywallstreet. The resistance movement was founded on the mentality that rebellion is indeed a good thing. During the President’s Day in 1787, one President Thomas Jefferson said, â€Å"God forbid we should be twenty years without a rebellion. What country can preserve its liberties if the rulers are not warned from time to time that their people preserve the spirit of resistance?† Later in 1861, at the Presidential Inaugural address, President Abraham Lincoln â€Å"This country, with its institutions, belongs to the people inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember, or overthrow it.† During the President’s Day in 1885, President Ulysses S. Grant said, â€Å"The right of Revolution is an inherent one. When people are oppressed by their government, it is a natural right they enjoy relieving themselves of the oppression if they are strong enou gh, either by withdrawing from it or by overthrowing it and substituting a government more acceptable.† In 1962, President John F. Kennedy said, â€Å"Those who make peaceful revolution impossible will make violent revolution inevitable." Today, this day has been given the hashtag, #thepresidentsday. Speaking early this year (2015), President Barrack Obama commented, â€Å"We cannot ignore the fact that our government originated in a revolution and were legitimate only if overthrow by force can sometimes be justified. That circumstances sometimes justify it is not.†

Power of the Papacy Between Sixth and Eleventh Century Popes Research Paper

Power of the Papacy Between Sixth and Eleventh Century Popes - Research Paper Example The land was devastated by famine,inundations, and pestilence. This, combined with the invasion of the Lombards. Additionally, the position of the Church threatened by the claims of Constantinople for imperial power of the church.   Much is owed to Gregory, to whomstrength and firmness of character were complimented by charity and gentleness. It is through this exhibition of power, authority of the papacy that many of the evils were conquered.   Of particular significance were the Pope’s relations to the Lombards. The Pope used his position as Pope, in 592–3, to reach what amounted to a separate peace with them. Through such an unprecedented step he defined the authority of the papacy.    It was throughout this period characterized by unrest, treachery of the Byzantine authorities and aggravated by the weakness that the Pope followed a  course of independent action. Gregory the great appointed governors to the Italian cities. He further provided war materials. T his is what that established the temporal power of the papacy.   In his administration the church established vast estates. This is where the Pope spent great sums on charity work. The Pope Gregory exhibited conspicuous ability. Although his relations with the East were strained, he upheld the supremacy of the Roman church. He refused to recognize the title of ‘Oecumenical Patriarch’ that had earlier been adopted by the Patriarch of Constantinople.   Pope Gregory’s greatest achievement when head of the pontificate was the conversion of England. He selected St. Augustine, later of Canterbury, delegating to him about 40 missionaries from the Pope’s own monastery. He also intervened with great effect in strengthening the Church in Spain, Gaul, and Northern Italy.it was during the time of Gregory the Great and all through to the Popes of the 11th century that the papacy really established itself as a center of power in Rome. It is this power that has been important to the activities of the papacy up to today. Scanty evidence pieces that date back to the 11thcentury AD point to the church in Rome already attaining some form of prominence in matters doctrinal. This was among the few churches that could lay claim to the apostolic foundation. By the 3rd century, roman bishops began presenting themselves as successors of the primacy that was enjoyed by Saint Peter. They wanted to wield the universal church’s primacy of authority in all matters doctrinal. After the roman emperor granted a toleration to Christianity in the 4th and 5th century, (the Edict of Milan, 313) Christianity rose to a status of an official religion. A series of Popes, chief among them Leo l (r 440 – 61) then translated this to be a claim to the primacy of jurisdiction over the church. This claim was, however, matched by a rival. The church at Constantinople claimed jurisdictional primacy in the East that was equal to that of Rome in the west. It was the Byzantine emperor of Constantinople, for at least another century who could claim to be the functioning supreme leader of Christians in temporal and spiritual matters (Miller 89). It was during the 11thto the 16thcentury that the papacy was to rise to a position of unique prominence within the community of Christians. This position, despite vicissitudes, it has managed to retain. Pope John Paul II’s effect on our times is something conceded by critics and admirers alike. The

The importance of a Cardiovascular Diet among College Students Essay

The importance of a Cardiovascular Diet among College Students - Essay Example College students are growing up in a completely new environment outside of their parents’ home, which is a completely new experience for most of them. This means that they are making independent choices with respect to their food consumption. Today, most college students lack the right kind of education regarding what is good for one’s body and what is bad, primarily because parents have largely determined their diet in the home and public schools have largely determined their diet in school. For this reason, college students are more and more likely to adopt unhealthy practices as opposed to the healthy, cardiovascular diet options. Nevertheless, college students are perfectly capable of realizing the benefits, and necessity, of adopting a cardiovascular diet. A cardiovascular diet, as the name implies, is a diet that is friendly first to a person’s heart. Because the long-term health of the heart is the best determinant of how long a person lives, a diet that i mproves its general condition is important. Additionally, with the rise in rates of cardiovascular disease as the single most prevalent killer in the United States, people are realizing that protecting the heart even from an early age is imperative. An example of a cardiovascular diet is the so-called Mediterranean diet, which incorporates high olive oil consumption, legumes, unrefined cereals, vegetables, fruits, fish, and wine. In eating only these foods, individuals can cut out much of the saturated fat associated with cardiovascular disease. The beauty of the Mediterranean diet and similar cardiovascular diets is that they are practical. Certainly, it is not difficult to find the kinds of food choices considered acceptable under the guidelines of any cardiovascular diet. Of course, college students who consume a mostly-fatty diet put themselves the most at risk for cardiovascular disease. Students may have such a diet if access to food is limited, such as the case with most dorm itory cafeterias, or the fast food density in their area. Access to exercise also plays a large role in whether a high-fat diet is manifested in being asymptomatic for cardiovascular disease. However, students can have the most impact on their own health by starting on a foundation of good quality foods, which can be as simple as making more intelligent choices in the cafeteria or at the fast food restaurant: such as choosing a smaller portion, choosing a less-fatty food, or eating less often. By adopting these changes, college-aged people can reverse their unhealthy habits. Part of preventing unhealthy eating choices from creating long-term cardiovascular problems is to catch the problem early. For college-age students, the problem can start on the first day of one’s first year eating in the school cafeteria, which tends to offer mass-produced, cheap food that have a high fat content. Colleges and universities can both educate incoming first-year students about the importanc e of smart eating choices and the cardiovascular diet even before they begin eating there. In addition to this, colleges and universities can invest in practical ways to make the food choices in their cafeterias healthier for students. Instead of offering a high fat, high-sodium pizza, for instance, a cafeteria could make a thin-crust, low salt, cheese-free option, which represents the kind of Mediterranean diet that achieves long-lasting cardiovascular health. Young women, who

Eating Healthily with a Busy Lifestyle Essay Example for Free

Eating Healthily with a Busy Lifestyle Essay Healthy eating is an essential part of a healthy lifestyle, yet it is often overlooked. As a wellness professional, it’s important to take care of your own wellness in order to maintain the right physical and mental state to help others. When hungry and busy, it’s easy to grab whatever’s closest or whatever sounds tasty at the moment. Unfortunately, the food that sounds best doesn’t always make us feel the best, and the most convenient foods are not often the healthiest. At the same time, healthy eating as a busy wellness professional does not have to become a chore. Many people end up with a misconception that healthy eating is more difficult than it actually is. It simply requires a little bit of planning and thought. The benefits of healthy eating far outweigh any extra time it requires. Written by Larry Lewis I and many others are promoting the benefits of living a healthy lifestyle, but what does that actually mean? In general, most would agree that a healthy person doesn’t smoke, is at a healthy weight, eats a balanced healthy diet, thinks positively, feels relaxed, exercises regularly, has good relationships, and benefits from a good life balance. Maybe I should start by trying to look at a few definitions for the word – lifestyle. A definition in The American Heritage Dictionary of the English Language says : ‘A way of life or style of living that reflects the attitudes and values of a person or group’. In an Encyclopedia of Public Health: Lifestyle is defined as: In public health, â€Å"lifestyle† generally means a pattern of individual practices and personal behavioural choices that are related to elevated or reduced health risk’. The World Health Organisation in 1946 defined health as ‘A complete state of mental, physical and social well-being not merely the absence of disease’. Wikipedia: defines a lifestyle as the way a person lives. This includes patterns of social relations, consumption, entertainment, and dress. A lifestyle typically also reflects an individual’s attitudes, values or worldview. A healthy lifestyle is generally characterized as a â€Å"balanced life† in which one makes â€Å"wise choices†. A final definition of lifestyle is: The aggregation of decisions by individuals which affect their health, and over which they more or less have control. What is the definition of Healthy Living? The World Health Organization (WHO), defines Health as a state of complete physical, mental, and social well-being, not simply just the absence of disease. The actual definition of Healthy Living is the steps, actions and strategies one puts in place to achieve optimum health. Healthy Living is about taking responsibility for your decisions and making smart health choices for today and for the future. So healthy living would consist of: Physical (For The Body) * Good Nutrition, Eating Right * Getting Physically Fit, Beneficial Exercise * Adequate Rest * Proper Stress Management Emotional Wellness (For The Mind) * Self-Supportive Attitudes * Positive Thoughts and Viewpoints * Positive Self-Image You Also Need to Give and Receive * Forgiveness * Love and Compassion * You Need to Laugh and Experience Happiness. * You Need Joyful Relationships With Yourself and Others. Spiritual Wellness * Inner Calmness * Openness to Your Creativity * Trust in Your Inner Knowing And all aspects of one’s self, must work in harmony to achieve wellness, so you need to create a balanced life. Why is it Important? Ahealthy lifestyle is a valuable resource for reducing the incidence and impact of health problems, for recovery, for coping with life stressors, and for improving quality of life. There is a growing body of scientific evidence that shows our lifestyles play a huge part in how healthy we are. From what we eat and drink, to how much exercise we take, and whether we smoke or take drugs, all will affect our health, not only in terms of life expectancy, but how long we can expect to live without experiencing chronic disease. Conditions such as heart disease, cancer, diabetes, joint disease, and mental illness are responsible for a vast number of deaths and disabilities. Currently, we rely almost exclusively on the provision of clinical care by highly trained health professionals as our major strategy to deal with these conditions. Many health problems can be prevented or at least their occurrence postponed by having a healthy lifestyle. * Why don’t you have a healthy lifestyle? It’s a busy life for most of us. And keeping ourselves healthy is all too rarely near the top of our list of ‘things to do’. Convenience often wins – we are all so busy that convenience is at a premium. Good Health Is ’Simple – But It’s Not Easy’ It is so important to make ‘keeping healthy’ a part of our day-to-day living habits. Your health depends on what you do throughout the day, everyday. A healthy lifestyle is absolutely vital. Here is a real simple solution – slowly improve your lifestyle in a step-by-step way. If you take one new health step every two months, for example, in two to three years you will be among the healthiest ten percent of people in the Western world. And boy will you see and feel the benefits. Improvements do not have to be large steps; take one small step for your health today, keep that one going, and add another one every two months. Have a plan – maybe introduce 6 improvements over the course of a year. Can You Adopt A Healthy Lifestyle? Whatever your age, fitness level or body shape, its never too soon or too late to start thinking about living healthily. You can take a step towards healthy living by making one change now to your daily life. That won’t be so hard will it? Are You Living A Healthy Lifestyle? Do you wake up with enthusiasm for the day ahead? Do you have the high energy you need to do what you want? Do you laugh easily and often, especially at yourself? Do you confidently find solutions for the challenges in your life? Do you feel valued and appreciated? Do you appreciate others and let them know it? Do you have a circle of warm, caring friends? Do the choices you make every day get you what you want? The Components Of A Healthy Lifestyle Eating Healthily The right nutrition is necessary to live a healthy lifestyle. Your body requires a well balanced dietevery day in order to maintain the adequate amounts of vitamins, nutrients and minerals needed to maintain a healthy body. To eat is a necessity, but to eat intelligently is an art. La Rochefoucauld French Writer An Active Lifestyle You will need to include fitness as part of your life. Physical fitness keeps your weight in check, helps you sleep better at night, prevents heart attacks and strokes and other health problems, and generally prolongs your life. Basically there are so many benefits of exercising that you really can’t live a full life without it. Those who think they have not time for bodily exercise will sooner or later have to find time for illness. Edward Stanley Earl of Derby Stress Management Emotional stress plays an important role in many illnesses, both directly and indirectly. People are also more likely to smoke, overeat, drink too much, work too hard, argue with others and so on, when they are feeling stressed. Thus, stress management is an important part of your new lifestyle, and meditation and relaxation techniques are truly a key part of living a healthy lifestyle. Diseases of the soul are more dangerous and more numerous than those of the body. Marcus Tullius Cicero Roman Philosopher Make Friends With Yourself Loving yourself is a key to a healthy, happy lifestyle. Self-esteem is all about how much people value themselves; the pride they feel in themselves, and how worthwhile they feel. Self-esteem is important because feeling good about yourself can affect how you act. The power of love to change bodies is legendary, built into folklore, common sense, and everyday experience. Love moves the flesh, it pushes matter around†¦ Throughout history, â€Å"tender loving care† has uniformly been recognized as a valuable element in healing. Larry Dossey Physician Powering Up Your Mind And Body Programme your mind for total success. Develop a vision, a compelling future that excites and inspires you, and focus on it daily. Don’t let anything knock you of course, or make you question its possibility. I promise you, by taking control of your thoughts, you will improve your life in a big way. In minds crammed with thoughts, organs clogged with toxins, and bodies stiffened with neglect, there is just no space for anything else. Alison Rose Levy Journalist Life Balance If you want to achieve a healthy lifestyle you must take steps to ensure you maintain a certain level of balance†¦ spiritually, physically, emotionally, socially, mentally and financially. You need to balance work and family, and all the other areas of your life without spreading yourself too thin and having a guilt trip when you do one thing, but think you should be doing another. All of the key areas of our lives overlap and interlink, effecting each other. Unless we create for ourselves satisfaction in each and every part of our life, we can never truly be fulfilled, or live a contented, happy and healthy life. No success in public life can compensate for failure in the home. Benjamin Disraeli British Prime Minister Being Healthy is so important. Just change one thing in your life today. Have a healthy lifebeginning now. Living a healthy lifestyle will bring you happiness, health and the life of your dreams. You can fit into your favourite pair of jeans again. You can enjoy all the benefits that perfect health offers you. You can feel your best at all times of the day. I have spent over ten years working in the area of personal development and in helping others to achieve their potential. It is the belief that everyone should be helped and encouraged to reach their full potential that motivates me in my work as a coach and blogger. I’m passionate about this because I have seen its effects in my own life and the lives of others. I am 100% committed to making the difference, and I pray this is obvious to you through my blog. Life Coaching with Larry I hope this article has helped you in some way today. If you have ended up asking yourself more questions instead of getting questions answered then maybe I can help you. Take up my free 30 minute session to see if life coaching is for you. Does this sound familiar? * In midlife transition and lost the spark and direction? * Looking for more clarity, meaning and joy? * Feeling stuck or confused about your future? * Want to do more, be more, achieve more? https://www.healthylifestylesliving.com/health/healthy-lifestyle/what-is-a-healthy-lifestyle/ https://www.healthylifestylesliving.com/health/healthy-lifestyle/what-is-a-healthy-lifestyle/ https://www.healthylifestylesliving.com/health/healthy-lifestyle/what-is-a-healthy- https://www.healthylifestylesliving.com/health/healthy-lifestyle/what-is-a-healthy-lifestyle/ https://www.healthylifestylesliving.com/health/healthy-lifestyle/what-is-a-healthy-lifestyle/ https://www.healthylifestylesliving.com/health/healthy-lifestyle/what-is-a-healthy-lifestyle/ https://www.healthylifestylesliving.com/health/healthy-lifestyle/what-is-a-healthy-lifestyle/

Impact of Art on Fashion

Impact of Art on Fashion Fashion and art are two disciplines that revolve around the same sphere, which is creativity. The two worlds share a bridge that links the two together. Art in its own aspect has followed humanity through its times and the world of fashion has also been synonymous to it. The two mediums share a close relationship. Fashion has its deep roots set in self expressionism, a means to show the world our personality by way of body adornment and clothing. Art as well tends to articulate the thoughts of the artist across to the spectator, by the colours that have been used to the mood that the artwork brings about. These elements could say a lot about the artist and his personality, just as much as a dark makeup and ripped jeans could say in context to self expressionism in fashion. The dissertation is a study on the influence on art on fashion and how fashion impacts art. It generates from the Period of Rococo, all the way into the modern world, and showcases the significance of art and fashion in the development and harmonious existence of the two subjects. Research Approach Research is defined by Saunders as: the systematic collection and interpretation of information with a clear purpose, to find things out. (Saunders, Lewis, Thornhill, 2003). It is with this theory in mind that I approach my study. Research Methodology In order to tackle the objective I have of how art influences fashion, I will use both Primary and secondary data. Primary Data Is the data which is collected by the researcher himself, by means of observations, interviews and surveys. It is data which has not been published. I will formulate the primary data by way of interviews conducted with artists and fashion designers as well as current fashion design students. Secondary Data Is data that has already been published and already exists in literary sources. They can be in the form of Books, Journals, Public Records, documentaries etc. Secondary data will be gathered by means of books written on fashion and art and design. News paper archives, scholarly journals and magazines will also be sourced. Web pages and blogs discussing art and fashion will also be consulted. Literature Review Art and its influence on fashion, has a very broad spectrum. Art in its own aspect can vary from fine arts to performing arts, from paintings and sculptures to Broadway musicals. When you consider fashion it can deal with an innumerable amount of things, varying from clothing to footwear and jewellery to beauty, hair and makeup. In order to make this study more feasible I limited my scope to Paintings and Womens clothing. I will survey the most relevant and significant literature in relation to my topic. When conducting my literature review I considered literary sources pertaining to the fundamentals of art and fashion. I looked into the history of the two subjects by way of published books and museum explorations. I also looked into books published on how art influences fashion and fashions impact on art. My literary investigation also explores the online world. I used search engines with terms such as Art and fashion and art movements for instance Op-Art and Art deco to generate articles written on the subjects. I went through online archives of news papers and online journals to find any articles written on either fashion or art. Fashion depicted in Paintings The links between art and fashion go back at least to the Renaissance (Boucher, 1988, p. 191). Italian artists during the renaissance period were highly influenced by fashion. Artists of the stature of Jacopo Bellini, Antonio del Pollaiuolo and above all Antonio Pisanello, were not only depicting fashions in their paintings, but also creating costume models and designing textile patterns and embroidery. (Mackrell, Art and Fashion, 2005, p. 5) The 16th Century brought about a new era in world of fashion and art, Alice Macrell states in her book that: The 16th century was the great age of travel and exploration, with a quest for knowledge that included the costume and customs of other nations. This had tremendous results for fashion, as the first printed costume books appeared in the second half of the century, heralding a new visual source (Mackrell, 1997, pp. 14-17) Fashion and art continued in unity from the 16th century to the 17th Century. The interaction of art and fashion continued apace in the 17th century. In France the artists more closely associated with fashion engraving during the reign o King Louis XIII (1610-43) were Jacques Callot, Jean de Saint-Igny and Abraham Bosse. Callots most illuminating, illustrations of fashion were his twelve etchings in the series La Noblesse de Lorraine (1624) in which he observed most perceptively the fashionable dress of dames and seigneurs of his native region. (Gaudriault, 1988, p. 8 and 29) Artists in Europe during the 17th century were finding inspiration in clothing. The Flemish Baroque artist known as Rubens was producing costume studies for his subject paintings and portraits. He then compiled a vast compilation of drawings known as the Costume Book. Anthony van Dyke was Rubens assistant. He was the son of a cloth and silk merchant and was known for his sumptuous costume Van Dyke must have acutely been aware o the power of dress. (Gordenker, 2001, p. 3) The bohemian artist Wenceslaus Hollar worked in England as an Etcher, engraver and illustrator. He engaged in costume studies specializing in womens Fashions. His best known series of womens costumes is the four seasons. The British Museum which holds one of the four etchings of the Seasons says; Hollars virtuosity as an etcher is apparent from the variety of fabric and furs, he captures in the womans garments. (Winter an Etching, www.britishmuseum.org). Figures 1 2 below show the full length etching of summer and winter sketched by Wenceslaus Hollar. Alice Mackrell in her book Art and Fashion (2005) gives her view on Paintings held at Museums. Figure 3 below shows the Painting of Madame de Pompadour by Franà §oise-Hubert Drouais. Descending the long staircase in the Sainsbury wing of the National Gallery, London, into the lower galleries that housed the exhibition Madame de Pompadour: Images of a Mistress, ones attention showed straight ahead her ravishing portrait painted by Franà §oise-Hubert Drouais [Refer Figure 3 for the painting] Madame de Pompadour seated in her boudoir at her tambour frame, engaged in embroidery work yet surrounded by her books and a portfolio of engravings reminding the viewer of her intellectual and artistic achievements, wears a gown of naturalistic light green leaves and salmon pink flowers, trimmed at the elbows with three rows of large four striking bows of matching striped silk at her elbows with three rows of large engagà ©antes (cuffs with two or three ruffles) made of fine French needle lace. This garment epitomizes the Rococo taste serpentine curves, three-dimensional ornamentation and clear, delicate colours. (Mackrell, Art and Fashion, 2005) Franà §oise-Hubert Drouais, Madame de Pompadour at her Tambour Frame The colours on her dress characterize the Rococo taste Another one of the great artists who represented womens fashions in his paintings is Thomas Gainsborough, Mackrell yet again states: The English artist whose work most conjures up fashionable ladies in their silks and gauzes indeed whose portraiture not only captured a living likeness, but also epitomized the English elegance of Rococo fashion, is Thomas Gainsborough. He was very much aware of Rococo art and fashion. (ibid, p.8). The Rococo movement was followed by the Neo-Classical movement. Neo-Classicism was all that the Rococo period was not about. Artist Joseph Marie Vien belonged to this era. Contemporaries looked to Vien to Inspire women to abandon their Rococo capriciousness for classical simplicity. Neo classicism became the dominant movement in the fine and decorative arts, architecture and fashion in Europe from the late 18th century, as knowledge grew ever more widespread about the archaeological discoveries extending from southern Italy to Egypt and the Near East. (ibid. pp. 33 and 35) The literary movement of Romanticism followed Neo-Classicism. Romanticism was the cult of personality. The celebration of individual character and social status took on a fresh aspect in the form of a new kind of fashionable society portraiture. The Romantic sense of mission had a powerful influence on artists in exploring the self. (Mackrell, Art and Fashion, 2005, p. 46) Romanticism was a new movement, but it did not completely break away from the trends that were evident during the Neo-Classical era. Romantics frequently sought to make classicism a living experience rather than a dead ideal, and aspects of Neo-classicism a living experience rather than a dead ideal, and aspects of Neo-classicismhave been seen as a hybrid version of Romantic classicism. (Baudelaire, 1992, p. 53) Aestheticism then followed the Period of Romanticism. An artist during this period of time who incorporated fashion in his art was an American painter by the name of James Abbott McNeill Whistler. The book Art and Fashion (2005) asserts: Whistler was someone who assimilated the fashions of his time as an integral component of his art, such as the craze for everything Japanese that was sweeping Paris and LondonHe appreciated beauty and styling women, and concentrated on them in his portraiture, painting images of beauty that could be appreciated on their aesthetic merit alone. (Mackrell, 2005, pp. 84 and 85) The beauty of aestheticism was followed by Realism. Artists tried to depict a sense of reality through their paintings. Charles Pierre Baudelaire was a French critic during this period. He identified the concepts of realism as: Romantic individualism, with an art that reflected its own epoch and, in its demands or a modern style Realism continued the aims of the Romantics (Rubin, 1980, p. 49) Édouard Manet, was a friend of Baudelaire and a painter. For Manet dress represented the outward aspect of modern life, that transient envelope that both veils and reveals its unchanging essence. (Mauner, 2000). According to The French taste for Spanish painting: Manet admired and sought to emulate, in order to better depict the realities of life, including fashion. (Tinterow Lacambre, 2003, p. 51) Impressionism was then followed after Realism, Following the lead of Manet, they shared a commitment of vision, in which their depiction of dress was a salient sign of their determination to be modern. (Mackrell, Art and Fashion, 2005) Impressionists linked contemporary life with fashion in their works of art. According to R L Herbert: Fashion and art shared certain featuresand for the Impressionists there was an underlying association of contemporary life with fashion. (Herbert, 1988, p. 198) At the end of the 19th Century, new appeared to be the high thrill word. Articles in newspapers and magazines referred to the new woman, the new fiction the new journalism and the new art, the key date for the new art was 1884, this was founded in Belgium and the term Art Nouveau was coined by supporters of this avant-garde group. (Mackrell, Art and Fashion, 2005) According to the Victoria and Albert Museum: Art Nouveau was the first concerted attempt to create a modern international style based on decoration. (Greenhalg, 2000) On the chapter of Art Nouveau and Art Deco Mackrell affirms the meaning of Art Nouveau: Art Nouveau was an essentially urban creation of sophisticated artists and designers, and reflected a diversity of trends. The natural world was the single most important source. Nature was widely used to achieve a modern look, so much so, that in Art Nouveau circles, nature and modernity cam to mean almost the same thing. (Mackrell, Art and Fashion, 2005, p. 112) Paul Poiret was a couturier who emerged during the early years of the 20th century, Poiret marked the beginning of a new era, not only in fashion but in illustration too, heralding the birth of the style which is known today as Art Deco. (Robinson, 1976, p. 38) Poiret was also known for his knack of linking the fashion world with art. Having an affinity with painters he [Poiret] was the first couturier to relate fashion successfully to the arts. (ibid. p. 116) Sonia Delaunay was a painter designer and printmaker during the 1920s. She was an advocate of Orphism. Sonia Delaunay made a significant impact on how art and fashion could overlap and influence each other. (ibid. p. 130) The early 1920s brought about the Surrealist movement. The term surrealism was coined in 1917 by the French prose writer, poet and art critic Guillaume Apollinaire. Surrealists gave positive expression to their views. They reacted with a review of values at every level of society, inspired by psychoanalytical theories of Sigmund Freud. (ibid. p. 135) Surrealism touched fashion in a way that no previous art movements had. Fashion and its instruments were at the heart of the Surrealist metaphor, touching on the imagery of woman and the correlation between the world of real objects and the life of objects in mind. (Martin, 1990) Two Fashion designers who were greatly influenced by surrealism arts was Elsa Schiaparelli and Coco Chanel. They found a new and exciting canvas on which to articulate their ideas, by translating Surrealist art into clothing. Surrealism was the leading and most controversial movement in literature and the arts between the two World Wars. (Mackrell, Art and Fashion, 2005, p. 135) Salvador Dali was known as the father of Surrealism. He and Elsa Schiaparelli forged together to make a new avenue in fashion. Dali and Schiaparelli also collaborated on two of the most iconic dresses of the 1930s, the organza dress with painted lobster was one of them (ibid. p.144) Figure 4 5. The literature review I conducted shows that there is an existance between fashion and art. It concludes that artists and painters alike have been influenced by the fashion world. Fashion designers have also been inspired by the works of artists and their paintings. The literature review is only subjected to paintings and womens wear clothing. It does not explore other works of art like sculptures. When it comes to the world of fashion, the review only deals with aspects of clothing and has not explored the influece that art might have on different articles of fashion, such as foowear and jewellery. The Influence of Art on Fashion The two worlds of art and fashion go a long way into history, almost as far as the Renaissance. Art in its own aspect has followed humanity through its times. The world of fashion has also been synonymous to it. A web article on the rise of Social conscience in art inspired fashion acknowledges that Art can be a means of reconstructing experiences, communicating emotions or echoing sentiments of individuals or the masses. (The Rise of Social Conscience in Art Inspired Fashion) Fashion too shares a place in evoking emotions and making statements. In these aspects it is obvious that Art and Fashion share many common links. The article also states that The desire to express the need for a higher social conscience is driving the union between revolutionary art and clothing. (ibid) Since it is now clear that there are links between Art and Fashion, I would like to first look at these two subjects individually. Art Art plays a major role in peoples lives. It helps us be creative and gives us a platform to express ourselves. It is a big part of our lives that sometimes we stop to acknowledge the part it plays. Just think about the house you live in the jewellery you adorn, the cover of a novel, these are all a part of art. Two currents of thought run through our ideas about art. In one, first considered by Aristotle (384 BC.), Art is concerned as mimesis (imitation), the representation of appearances, and gives us pleasure through the accuracy and skill with which it represents the real world. The other view derived from the Greek philosopher Plato (427 BC.), holds that the artist is inspired by the Muses, or by God or the inner impulses, or by the collective unconscious)to express that which is beyond appearances, inner feelings, eternal truths or the essence of the age. (Definition of Art, Hutchinson Encyclopedia) The two philosophers Aristotle and Plato have defined art as Representational and Non Representational art. Non Representational art is more commonly referred to as Abstract art. Representational art is a style of realistic painting which depicts recognisable objects or figures. Whereas abstract art has no clear images and dont form a clear identity, and must be interpreted by the observer of the artwork. Examples of representational art include still life, portraits and landscapes to name a few. Non representational art came about during the modern world at the beginning of the 20th Century. The Abstract movement was formed and Piet Mondrian and Mark Rothkos were works of art which to the beholder had no objective meaning, unless scrutinized. Like most subjects art too has fundamentals that it uses. Such as line, shape, form, space, texture and colour. Artists manipulate these elements, mix them in with principles of design and compose a piece of art. (Mitler Ragans, 1992). The elements of art serve as a base, on which the artist can build their forte on. An artist cannot create art without making the use of at least one or more of these elements. Art is also governed by its own principles. These principles help govern how artists organise the visual elements by giving them guide lines. The principles of art include balance, variety, harmony, emphasis, proportion, movement and rhythm. (Mitler Ragans, 1992) There are many products that we can classify as art. It solely depends on the individual. What I call art may not fall into the context of art for you. It is subjective, and is open to many interpretations. There is no definite limit to what can or cannot be called art; in the end it is up to the audience. Art communicates with people across different cultures. It ranges from sculpture to painting to Shakespeare novels and Mozarts Classic compositions to Todays graphically improvised Anime cartoons and play station games. These are all the work of master craftsmen in their own accord. In other words they would simply be called Artists and what they create would be classified as works of art. The musician Frank Zappa believed that Anything can be music but it doesnt become music until someone wills it to be music, and the audience listening to it decides to perceive it as music. Most people cant deal with that abstraction, or dont want to (Definition Of Art, 2005) I want to go into the depths of Paintings and how it influences us and Fashion. My main focus will be on Paintings from the New Modern Age. Paintings have been in existence since the pre historic times. It is a continuous form of creativity which flows throughout history and culture and into todays world. Paintings in history have had its influence mainly on the existing culture of its time. Like African, Indian, Japanese and Islamic art all have a strong link to its culture. Since the religion of Islam prohibits the remaking of any form of a living creature, Islamic art does not possess any form of Human life in it. Its main art form is Arabesque, the use of calligraphic motifs and Mosaic art Paintings have a history of their own. From the cave paintings of the Stone Age to the art of the Renaissance period and into Modern art. As William Dobell says A sincere artist is not one who makes faithful attempts to put on to canvas what is in front of him, but one who tries to create something which is, in it-self a living thing. (Dobell, 2009) I will give a brief synopsis on the Artistic movements through history to Today, starting from the period of the Renaissance. The Renaissance Artists during this period wanted art that showed joy in human beauty and lifes pleasures. The paintings were more lifelike and brought in a sense of realism. They studied the art of perception, the artists painted in a way that showed differences from points of focus, resulting in painting with depth. The two famous painters from this time were Leonardo Da Vinci and Michelangelo. A famous quote by Michelangelo was that The true work of art is but a shadow of the divine perfection this is because he was a devout Christian and the church was his greatest patron. Rococo Period of Art (1700 1750) Rococo art is known for its light, ornamental and elaborate style of art. The main focus on paintings was of surface decoration and consisted mainly of light delicate colours. Portrait paintings was famous during this period, and one of the women painted often during this period was Madame de Pompadour. Neoclassicism (1750 1830) Then came about the 1800s this was thought to be an age of change. It was also during this time that the french reveloution took place. No single art style was in place Fashion Fashion is a specialized form of body adornment. It has been around ever since man was put down on earth. It has its own history and evolution through times. Explorers and travellers were among the first to document and comment on the body adornment and dress styles that they encountered around the world. Some returned from their travels with drawings and examples of clothing, sparking off a desire not only for the artefacts themselves but also for an understanding of them. Eventually the study of clothing came to be an accepted part of anthropology The study of human beings. (Jones, 2002) Fashion relates not only to clothing but also its accessories like jewellery, hairstyle, footwear and even body art. I intend on looking into the aspect of fashion in relation to clothing. To find out what fashion is and who make fashion be called fashion. For as long as time, individuals have used clothing as a means of non verbal communication. It is known to be a form of free speech. It is a language of signs and symbols and iconography. (Jones, 2002) It helps individuals to make a statement through what they wear and express individual identity, and since it is visual it is very easy for the onlooker to comprehend the image we are portraying through what we adorn. Cultural theorists and clothing analysts have focused on four practical functions of dress: utility, modesty, immodesty and adornment. (Jones, 2002) George Sproles suggested four additional elements which are: symbolic differentiation, social affiliation, psychological self enhancement and modernism. (George, 1979) Brief outlines of these elements are given below. Utility Clothing to be functional has to be practical. It is used to give us protectiveness in the environment that we are in. The human body temperature needs to be kept at a mean temperature to make sure of blood circulation and comfort. Dress reformers have put utility above other aesthetic considerations. The American Publisher Amelia Jenks Bloomer was worried about the impracticality of the crinoline that women used. She then brought about the concept of wearing trousers called bloomers, which eradicated the impracticality of the crinoline. (Jones, 2002) With the story of the bloomers in mind, people today choose clothes with comfort and durability in mind. Modesty Clothing acts as an aid to our nakedness. They help cover our body and can act as a guard to our modesty. We are often self conscious about our image, when it comes to revealing more of our body. When we grow older we try to hide our flaws, and seek clothing as our cover. Our culture plays a big role in modesty; it varies through individuals and societies over time. Immodesty Women have often been symbolized as passive sexual objects. Clothing can be used to enhance this attractiveness according to the wearer. A psychoanalytic approach, based on the writings of Sigmund Freud and Carl Jung have been used by fashion theorists to explain the unconscious process underlying changes in fashion. (Jones, 2002) Adornment Young women in particular, often attempt to measure up to the ideals of beauty. In relation they use adornment to enrich their physical appearance, and bring out their individuality. The use of adornments could be as excessive as the user wants it to be. Such as how high can your shoe heels be, and how much make up could we layer on our face. These are all choices made on an individual level, in order to fit into a group or to make a statement. Symbolic Differentiation We as human beings often feel the need to identify who we are to society. Be it a doctor, lawyer, nun or pop artist. We use clothing to help satisfy this need. Clothing helps differentiate and help recognize who we are. It distinguishes the levels of social standing and helps in recognizing religious associations and professions. Social affiliation As opposed to differentiation, when it comes to social affiliation, we tend to dress to fit into a particular group or part of society. Clothing can sometimes be used as a revolt against fashion and its current trends as well. Like the punks who can be noted by their torn clothes, coloured hair and the dramatic use of safety pins. The Goths, who also dress in a similar fashion, have led to a more feminised version in Japan called the Gothic Lolita. These groups in time tend to form their own fashions and people treat them as modern trends. And try to adopt these elements into their wardrobe as well. Psychological self enhancement We as individuals try to stand out on our own and show our personality. For this reason you will hardly find two people dressed alike from head to toe. Because as individuals we have our own tastes and styles of putting things together. So we adorn ourselves in different manners even if we shop at the same store, and buy the same clothes the way we look once we have accessorised ourselves would differ, just like no two people are alike. It is now evident that fashion indeed, does affect our life greatly. According to Linda Watson, dressing is our forth bodily function. Dressing is the fourth bodily function after breathing, eating and sleeping and excluding a couple of delicious optional extras one of the fundamental pleasures of the human body is to clothe it. Which makes fashion its closest relation pretty important. (Watson, 1999) Fashion is a form of art which will forever be changing throughout the decades, and the change is brought about by trends which are signalled out through Fashion design and its designers. Fashion Design Fashion design is a form of art. It falls into the category of applied arts. Applied arts unlike fine arts is the application of design together with aesthetics to produce objects of use. it is ruled by the principle that form follows function. Fashion designing is the creativity of deigning clothing. Like many forms of design and art fashion design too has its elements. The main elements are silhouette, line, and texture. The uses of these elements are called principle; they are repetition, rhythm, graduation, radiation, contrast, harmony, balance and proportion (Jones, 2002) Fashion is divided into two seasons, Spring/Summer and Autumn/Winter. Designers design accordingly to the two seasons. The clothing they produce for each season is called a collection. Fashion collections always have certain similarities, an invisible thread which ties up all the pieces of the collection together. A look into the above mentioned elements and principles will help us to understand how fashion design works. Silhouette In simple terms Silhouette is basically the outline of a form. Fashion Silhouette is the overall outline a garment produces. As garments are three dimentional the Silhouette changes when it is moving. So designers have to keep this in mind when they design the clothing. The Silhouette of a garment is what first catches the eye. Because of distance it is what is first noticed before the detailing of the clothing comes to view. For this reason Silhouette is one of the most important elements in design. When designers produce a collection they keep in mind that it cannot have too many different Silhouettes. Too many variations will weaken the impact and the overall message that the designers are creating will be lost. Silhouettes have changed throughout times and have gone to extremes of being bulky and voluminous to flat and skinny. I will look at this later during the historical analysis if fashion. Line The most common use of line in fashion is in the seaming of the pattern pieces and in fastenings. Vertical seam lines create an effect of length and elegance because they lead the eye up and down the body. Horizontal lines tend to be shorter in span and therefore draw attention to the width of the body. Lines across the body can make the figure appear shorter and wider. (Jones, 2002) Lines in a garment give us different views of perception. Lines can be used effectively to enhance or hide features of the body. It helps give the garment direction and flow. Texture Texture in fashion design relates to the surface feel of the fabric. The way a fabric behaves is very important in design. As it will set the overall look of the garment and how the garment will sit on the body and move with flexibility. Colour is also important when it comes to creating a good impression with the garment. Fashion design gives us a unique sense of luxury. As it offers to us not just forms of adornment by way of clothing, but it also gives us a feeling of belonging and self enhancement. As the clothing we wear and who they are made by speak tremendously about our personality. The inspirational source behind the clothing we choose does impact us to a certain degree. In the next chapter I will give an in-depth analysis on how Fashion design has been influenced by artistic movements and paintings. Gianni Versace was a designer who was obsessed with the past. He was frequent in visiting museums and obsessed with their artworks. He studied the Byzantine art at the Metropolitan Museum of arts and was inspired by the metal found in byzantine art. Which he then put to use, by creating a metal neck cocktail top. Yves St. Laurent, from 1965-1966, made dresses which bore the artistic works of Abstract Painter Piet Mondrian. The welding of art and fashion, however found its most vivid expression in the Mondrian Dresses of Yves St. Laurent. His dresses came to be known as the Mondrian Dress and was called the Dress of Tomorrow (Mackrell, Art and Fashion, 2005, p. 147) Figure 7. The romance between fashion and the Surrealist movement began in the early 20s when the movement broke away from the written word to embrace objects. The appeal of Surrealism to the fashion industry is instantly obvious in their use of ordinary everyday objects and weird landscapes that transferred easily to fabric printing, jewellery, hats, couture etc, allowing designers the freedom to create art pieces, and this fascination worked both ways as what covered the body had always been important to the Surrealist philosophy, in the way that it allowed the imagination to wonder what lay underneath, and this translated easily into wearable garments. (Martin, 1990)