Is Iago Evil Essays - Othello, Fiction, Film, William Shakespeare

Is Iago Evil? I am not what I am. What is Iago? -- as distinct from what he pretends to be -- and what are his motives? In Shakespeare's, Othello, the reader is presented the classic battle between the deceitful forces of evil and the innocence of good. It are these forces of evil that ultimately lead to the breakdown of Othello, a noble venetian moor, well-known by the people of Venice as a honourable soldier and a worthy leader. Othello's breakdown results in the muder of his wife Desdemona. Desdemona is representative of the good in nature. Good can be defined as forgiving, honest, innocent and unsuspecting. The evil contained within Othello is by no means magical or mythical yet is represented by the character Iago. Iago is cunning, untrustworthy, selfish, and plotting. He uses these traits to his advantage by slowly planning his own triumph while watching the demise of others. It is this that is Iago's motivation. The ultimate defeat of good by the wrath of evil. Not only is it in his own nature of evil that he suceeds but also in the weaknesses of the other characters. Iago uses the weaknesses of Othello, specifically jealousy and his devotion to things as they seem, to conquer his opposite in Desdemona. From the start of the play, Iago's scheming ability is shown when he convinces Roderigo to tell about Othello and Desdemonda's elopement to Desdemona's father, Brabantio. Confidentally Iago continues his plot successfully, making fools of others, and himself being rewarded. Except Roderigo, no one is aware of Iago's plans. This is because Iago pretends to be an honest man loyal to his superiors. The fact that Othello himself views Iago as trustworthy and honest gives the evil within Iago a perfect unsuspecting victim for his schemes. The opportunity to get to Desdemona through Othello is one temptation that Iago cannot refuse. He creates the impression that Desdemona is having an affair with Cassio in order to stir the jealousy within Othello. It is this jealousy and the ignorance of Othello that lead to the downfall of Desdemona; the one truely good natured character in the play. As the play opens we are immediately introduced to the hostility of Iago against Othello. Iago has been appointed the position of servant to Othello instead of the more prestigous position of lieutenant. Michael Cassio has been appointed this position. Iago feels betrayed because he considers him self more qualified than Cassio to serve as lieutenant. Iago then foreshadows his plans for Othello to Roderigo, O, sir, content you. / I follow him to serve my turn upon him (Act I, Scene I). Iago already realizes that Othello thinks about him as an honest man. Roderigo is used by Iago as an apprentence and someone to do his dirty work. Roderigo is naively unsuspecting. As the play shifts from Venice to Cyprus there is an interesting contrast. Venice, a respectful and honourable town is overshadowed by the war torn villages of Cyprus. It could be said that Venice represents good or specfically Desdemona and that Cyprus represents evil in Iago. Desdemona has been taken from her peacefullness and brought onto the grounds of evil. Iago commits his largest acts of deceit in Cyprus, fittingly considering the atmosphere. Ironically, the venetians feel the Turks are their only enemy while in fact Iago is in hindsight the one man who destroys their stable state. Act II Scene III shows Iago's willing ability to manipulate characters in the play. Iago convinces Montano to inform Othello of Cassio's weakness for alchohol hoping this would rouse disatisfaction by Othello. Iago when forced to tell the truth against another character does so very suspiciously. He pretends not to offend Cassio when telling Othello of the fight Cassio was involved in, but Iago secretly wants the worst to become of Cassio's situation without seeming responsible. Cassio is relieved of his duty as lieutenant. With Cassio no longer in the position of lieutenant, this gives Iago the opportunity to more effectively interact with and manipulate Othello. By controlling Othello, Iago would essentially control Desdemona. To reach Desdemona directly is unforseeable for Iago considering that Othello is superior to him. It is for

The Best Google Doodles ever created

The Best Google Doodles ever created The Best Google Doodles Ever Google. This word is familiar to any of us. Every day we face it at home, at work, having free time, looking for something to watch, something to listen to or something to read. Anyway, it penetrated into our life so deep that daily one can`t imagine his work or leisure without using it. Each moment is connected with Gmail, Google Drive, Google+ and much more products that help us to work effectively, have a good rest or use our free time in the best way. Company is working daily trying to improve the quality of services provided, making Internet surfing fast and convenient. One of outstanding features created by Google is their doodles dedicated to some events. They are created to light up search routine and remind you about something that happened these days many years ago. The idea itself included creating small pictures styled like companys logo, animated pictures or even small games that are related to events of this day. Definitely, such an approach helped to engage much more people into Google search by visiting company homepage with a colorful doodle-reminding of something special. Here you can find 5 best of them.

ATRIAL SEPTAL DEFECT (ASD) AND VENTRICULAR SEPTAL DEFECT (VSD) Assignment

ATRIAL SEPTAL DEFECT (ASD) AND VENTRICULAR SEPTAL DEFECT (VSD) - Assignment Example Although most of the children with smaller ASDs appear healthy and grow normally, those with larger ASDs habitually exhibit reduced appetite and growth, frequent fatigue, shortness of breath and persistent lung infections. Additionally, such children are highly susceptible to conditions such as pneumonia. Treatment: Treatment of ASD in children similarly depends on the age of the child, size of the ASD and its location (Adler et al., 2014). Small ASD defects routinely close on their own as the child grows while there is always the need to perform open-heart surgeries and cardiac catheterization in order to rectify the condition in case the defect is large. Symptoms: Cardiovascular specialists are often able to detect VSD over the first few trips the infant makes to the hospital because of an irregular murmur within the heart (Penny et al., 2011). Apart from that, children who suffer from the condition often fail to thrive because they do not eat due to lack of appetite. Similarly, such children regularly tire quickly and suffer several instances of breathlessness due to faster breathing rates. Treatment: Treatment of VSD heavily relies on the size of the hole and, the age of the child and its location. Health experts routinely carry out open-heart surgeries to remedy the condition. The same applies to cardiac catheterization. Symptoms: In adults, the indicators of the condition are shortness of breath, notably when exercising and recurrent fatigue. The victims will similarly exhibit swelling of various body parts including the abdomen and legs, skipped heartbeats, frequent lung infections, and stroke. Treatment: Health providers recommend the use of anticoagulant drugs and medications that keep the heartbeat regular. For medium and large sized defects, doctors routinely recommend open-heart surgeries, for that ensures no future complications. Symptoms: Adults who suffer from VSDs experience

Brown vs board of Education Research Paper Example | Topics and Well Written Essays - 500 words

Brown vs board of Education - Research Paper Example As such, the paper seeks to critically discuss the impact of racial segregation especially on students in public schools. The case of Brown v. Board of Education (1954, 1955) marked a major victory for blacks in the US who were major victims of racial segregation in schools. Though the Supreme Court judges in this particular case were deeply divided over the case, they realized that racial segregation in public schools was unconstitutional. in delivering the judgement in this case, they stated that, "We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal. . ." (USCourts, n.d). Indeed, this judgement in the case of Brown v. Board of Education (1954, 1955) is plausible since it is a victory to those people who are segregated on the basis of their race. Racial segregation has negative impacts especially on the victims particularly the people belonging to an â€Å"inferior race.† Racial segregation is dehumanising since the segregated groups are relegated to lower levels of society and they are often treated as inferior. Under law, this practice should not be permitted since it impacts negatively on other people who may be deprived the opportunity to live happier lives through their hard work. People who are looked down upon often view themselves as inferior and they are not capable of doing anything meaningful that can improve their welfare. They also end up failing to get opportunities to pursue courses and careers that can improve their welfare. The aspect of racial segregation is inhumane since it is believed that all people are created equal by God. According to the Universal Declaration of Human Rights (1948), human beings are born with inalienable rights and these should not be violated by other people. Article 7 of the UDHR (1948) states that, â€Å"All are equal before the law and are entitled without any discrimination to equal

Models Comparison of Learning Theories Essay Example | Topics and Well Written Essays - 1250 words

Models Comparison of Learning Theories - Essay Example On the other hand, the humanism theories perceive learning to be a process that is initiated by an individual in an attempt to fulfill their potential. This paper draws a comparison between the hierarchy of needs theory by Abraham Maslow, social learning theory by Albert Bandura and the attribution theory by Bernard Weiner. The three learning theories are based on certain assumptions. According to Bandura’s social learning theory, a change in behavior is the indicator of learning. It is grounded on the assumption that learning is largely influenced by the environment; this indicates that people learn through observing others. In addition, this theory agrees with the cognitive learning theory by emphasizing that the mental state of an individual is an integral part of the learning process. On the other hand, the attribution theory as developed by Weiner assumes that people have the tendency of determining causes of certain situations or behaviors. It deals with the cognitive processes and their influence on learning. It also observes that learning involves an integration of old knowledge and the new one. The attribution theory is founded on the view that people endeavor to attribute causes to behaviors. Finally, Maslow’s hierarchy of needs theory assumes that people desire to satisfy their needs in a systematic and hierarchical manner, such that when one need is satisfied when a person desires to satisfy a higher need in the hierarchy. Maslow came up with a pyramid made up of five levels of needs to be met hierarchically. According to Abraham Maslow (1943), the people’s needs fall into five categories. These needs are met consecutively, with one need being satisfied after the other. The physiological needs are the first to be satisfied followed by safety needs, love/belonging needs, esteem needs, and finally, self-actualization needs. According to Maslow, what people need is a positive self-regard in order to achieve in their engagements.

Significant Sociological Research In Relation To Educational Change Education Essay

Significant Sociological Research In Relation To Educational Change Education Essay The Educational changes in United Kingdom are basically the tripartite system, comprehensive education and the changes that have taken place since 1979 to 1988. The tripartite system was introduced in Britain in 1944 which set up three types of schools: grammar, secondary modern and technical school for pupils up to the age of 15. Each schools ordering a different type of education, was based on the idea that there were different kind of intelligence, each needing a different kind of schooling. Grammar school offered an academic education leading to qualification; secondary modern gave pupils a practical education with few opportunities to get qualification. Pupils were allocated to school via the 11+, better pupil were creamed off to grammar school while the rest attending secondary modern schools. The system was more bipartite than tripartite. [Gidden, A. p482] Comprehensive school were introduced in 1965 by labour along with grammar school. The aim of the government is to remove many of inequalities of the tripartite system and to end the selection at 11+via the 11+ exams and to break down the class barrier in society as one schools for all pupils in a particular area meant that all social classes would be brought together. Pupils would have more opportunities to gain qualification. The biggest changes in education took place in 1988 under Thatcher regime. They saw that education was failing to provide a sufficiently skilled workforce. They also believed that schools were failing pupils and needed to raise the standard of education. The education policy that took place under Thatcher regime were National curriculum in England and Wales, The Act also brought Standard Assessment Tests [SAT] at 7, 11, 14 and 16. School could opt out of their LEA and become Grant Maintenance School, Parent empowerment to choose school for their children, formula funding of schools and vocationalism education such as NVQ, GNVQ CTC and New vocationalism. In conclusion, tripartite system shows a class division in schools for creaming off the bright student in school to grammar school and the rest to secondary modern and technical school. Eleven + culturally favoured the middle class and majority of student in grammar school came from middle class background. Grammar school received more money per student than other types of school and girls have to achieved higher pass than boys before they can get to grammar whereas comprehensive school remove the inequalities that existed under the tripartite system and higher proportion of pupils gained more qualification and GCSE and A level rate have all risen and brighter pupils are not held back. According to Ball et al [1994] the government education policy encourage the parent choice, creation of new types of school- Grant Maintained, CTCs, Technology college status, publishing of the national testing and league tables of exams results and decision for a school to opt of LEA control was given to parents of pupil at school. The New Right thinking is about competition and choice[Haralambos and Holborn p616-621] 3.3 EVALUATE THE CONTRIBUTION OF SOCIOLOGICAL THEORY AND UNDERSTANDING OF PROCESSES AND STRUCTURES WITH IN SCHOOLS. The Interactionist view on processes of schooling and the relationship between teachers and student seems to be very important for the effectiveness of education since social class influence in educational attainment. Teachers tend to share an image of ideal pupils whereas teachers perceived middle-class pupils as close to the idea, and lower working class pupils as furthest from it. Label is a major feature placed on a person by others. Teacher tends to label middle-class as good student this may discourage working -class pupils. When pupils labelled as bright others will tend to respond to them and interpret their actions in term of this label, there is a tendency for a self-fulfilling prophecy to result. The hidden curriculum refers to the message schools transmit to pupils without directly teaching them or spelling them out, it consists of values, norms, beliefs and ideas which are embedded in the normal routines and procedures of school life. In functionalists view, the transmission of society core values can be seen as part of hidden curriculum such as the value of individual achievement, pupils are encouraged to achieve good grades, qualification, it prepares them to achieve as individuals in the wider society. In Marxists view, the hidden curriculum of schools is the transmission of ruling class ideology, producing next of generation of workers schooled to accept their roles in the society. [ Haralambos and Holborn p603] Marxists are very critical of the role played by the education system. They do not agree with functionalists and others that it is a meritocratic system but rather it keeps the inequalities found in capitalist society going. It does by pretending to give everyone an equal chance but the reality is that those from middle class background do better at school than those from working class background. This is why Marxists often talk about the myth of meritocracy [Haralambos and Holborn p 604]. In functionalists view, education is a meritocratic that is a system in which social positions are filled on the basis of individual merit and achievement, rather than ascribed criteria such as inherited wealth, sex or social background. [Haralambos and Holborn p601]. In conclusion, Each of the theories have their own view on education but no one theories can stand on his own and we cannot blame the structure of schooling underachievement to outside influence. Functionalists think that education is needed and if it wasnt there, society wouldnt function properly and they teach the skills and knowledge needed in peoples future lives. Marxists think that education reinforce class divide and that it maintains inequality in society. Feminist thinks that education is bad as it clearly divides and separate girls from boys. They think it is more suited for boys. 4.14.2 EXPLAIN DIFFERENTIAL EDUCATIONAL ATTAINMENT SCHOOLS. AND ANALYSE CULTURE AND STRUCTURAL EXPLANATIONS OF DIFFERENTIAL ACHIEVEMENT. Education Attainment refer to as been able to complete a course successfully and obtain a qualification that may lead to employment. Children educational attainment from various background can be influenced by in school factor [human, physical, financial resources] and out-school factor [poverty, parental interest, language difference, cultural capital, positional theory] are related to background of the childs parent. Studies found that some student performs better than others. Evidence shows that class position; gender and ethnicity play an important role in determines the educational achievement of some and failure of others. The following sub section will explain those aspects in full details. CLASS AND ATTAINMENT/ACHIEVEMENT Social class differences in educational achievement are not purely the outcome of cultural factors, such cultural deprivation and cultural difference. There are many factors that contribute to the determination of why working class student tend to achieve less. Cultural deprivation is one of the reasons why working class student are generally achieving less than middle class student. It attributes to working class underachievement to the fact that they have often been brought up with a negative attitude towards education. According to J.W.B Douglas [1964] which focuses on the key role of parental aspirations, claiming that working class parents are less interested in formal education of their children and hence in their success[Haralambos and Holborn p629-630]. Boudon positional theory [1974] suggest that it is harder for working class children to aspire to university and high status professions because there is no parental role model to follow, hence expectations of parents, teachers and peers are lower[Warren,K. et al p242]. Cultural difference theorists, however suggest that there is a natural difference between working class culture and middle class culture, inevitably placing working class children at a disadvantage in schools. For example, Peter Bourdieu[1977] argues that middle class culture is more closely linked to that of the school, meaning that pupils are more likely to understand what is being taught. The point is about cultural capital the taste, ideas and knowledge of parents more closely matches that of teachers so their children are on the same cultural wavelength and are therefore rewarded with greater educational success. This was further back up by evidence carry out by Alice Sullivan [2001] who showed a close relationship between cultural capital and social class in terms of reading, access to TV, newspaper, participation In cultural activities and vocabulary used[Haralambos and Holborn p636]. Basil Bernstein [1990] support this idea with his study into speech codes, which suggested that middle class childrens knowledge of a more elaborated vocabulary allowed them to understand the teacher better than working class children, who were confined to a more restricted speech code. Bernstein view is that the middle class language structure is the same that used by teachers in contrast to the working class language structure code, which is far more restricted. Hence, the school system is culturally biased in favour of the middle class. According to Paul Willis [1969] in his study into sub-culture also limits student educational achievement as the student can only do as well as their label allows. Labelling of student by teachers is a theme that was developed by Keddie [1971] he concluded that the educational outcome for different classes becomes a self- fulfilling prophecy. The labelling is of course based less on actual performance than on stereotyped expectation[Warren,K. et al p242-243]. Functionalists believe that an individual academic success depend upon his IQ and effort they apply to their studies. They also believe society works in a meritocratic system. Marxists believe that this is due to social class and that in education only the ruling class values are transmitted. This means that working class people find it difficult to get along with the education system. GENDER ATTAINMENT/ACHIEVEMENT Girls outperforming their male counterpart from primary to university level and the dramatic change happen across culture and continent. In 1970 research focus on girls underachievement within the educational system. According to Oakley [1974] a radical feminist argued that primary socialisation plays an important role in shaping, conditioning boys and girl and help to reinforce existing gender stereotype. This also have impacts on the educational aspiration of girls who are socialised to become passive, submissive and future nest builders. Furthermore, Sue Sharpe [1976] support this view and claims that lower class girls priorities and aspiration is to be in love, get married, have a husband and children are in conflict with their educational success. Radical feminist emphasised on reading materials and the content of textbooks as being sexist in nature and these reinforce gender stereotype. Michelle Stanworth [1983] interviewed teachers and student from seven different classes in the humanities department and found that teachers both male and female displayed certain stereotypical attitudes towards their students. Girls, who were not in the lot of submissiveness, silent and unresponsive, were seen as having the potential to break through a professional career. Moreover, teachers themselves often saw marriage as the outcome of most girls. In term of classroom interaction, it was seen that boys were more assertive and took part in class discussion while teachers gave girls lesser attention, although they outnumbered boys. Functionalist argued that there is tendency to exaggerate over the issue of patriarchy impacting on school curriculum. They pointed out that feminists studies are not enough to rely on and not valid because there have been inadequate samples and weak methodologies to support their claims and make representative generalisation. Statistics have shown that boys and girls do achieve equally well at school and in different fields. Moreover, free and compulsory education has opened door for girls and they are able to compete on equal terms. Later, research by Randall [1987] criticise of Stanworths study by arguing that latters research are bias and unfounded. He also found that in laboratory classes girls are more forthcoming to interact with their teachers [Haralambos and Holborn p642-649]. ETHNICITY AND ATTAINMENT/ACHIEVEMENT Britain is a multicultural society and educational attainment of ethnic minorities has become nature of debate for a long time. The Swan Report [1985] found that there were several significant difference between the achievement of ethnic minorities and whites in Britain [Haralambos and Holborn 2000]. However, this phenomenon has not stagnated since other studies like The Studies Policy Institutes Fourth Survey of ethnic Minorities [1994] reported that there was considerate improvement in educational qualification of ethnic minorities when compared to figure in the 1980s[Modood et al 1997]. Below is the explanation of some studies that tries to explain why ethnic minorities do underachieve in education. Jensen [1974] and H. Eysenck [1971] both have sorted out that black were genetically less intelligent than whites while Herstein and Murray [1994] put forward that IQ scores are caused by both genes and environment factors, since black are more likely to live in poverty. They also found in their research that even if environment are equalised, that is when black and whites of similar income levels and occupational statuses blacks do have a slightly lower IQ test score. The Swan Report [1985] found that linguistic factor in Britain might be responsible for some ethnic minorities since English is not their mother tongue and lack of fluency became an obstacle. Bernard Coard [1971] saw that the British educational system made black children become educationally subnormal by making them felt inferior in every way. Racist stereotypes that exist in society are reinforced by teachers expectation; the latter would negatively label children coming from minority groups. The child comes to see him/herself as such and when he/she is only fit for manual and unskilled jobs[HaralambosHolborn. p649-653]. Bodmer[1972] criticism explained that sometimes it is impossible to control all environmental factors that can affect IQ scores as prejudice and discrimination against black people will always hinders equalisation of environment with whites. Pilkington[1997] challenge the idea of a genetic basis for IQ not fixed by genetics as IQ scores have increasingly been rising among ethnic minorities in many parts of the world and secondly, difference in socio-economic status largely explain educational differences. Coards view must be treated with care as he has over generalised over the issue, there is evidence of Asian children in Britain who have achieved well. However, according to Ken Pryce [1979] Afro-Caribbean preferred to send their children back to their country to study because black are deprived of the value needed for school success. [Warren,K.et al p246]. 4.3 EVALUATE A RANGE OF SOCIOLOGICAL RESEARCH FINDINGS IN RELATION TO ACHIEVEMENT, SOCIAL DIFFERENTIATION. Paul Willis [1977] developed a neo-marxist approach to education. Willis approach focus on how education prepare workforce and adopted a research method by using symbolic interactionism in his study and variety of methods at Midland school in England. He used observation and participation observation in class, school, leisure time and formal interview. Paul Willis carried out his study by observing a group of 12 working class boys in one school in the Midland whom he observed for 18 month and followed them for the first few months at work. These 12 working class boys formed a group with a bad attitude towards school. Willis referred to them as lads. The lads form a counter school culture. They see themselves as superior to teacher and earoles. Having a laff is the most important thing and very sexist and racist, they also see themselves as a real man. Willis argued that the lads failed themselves deliberately in recognition of the inevitable manual working future that awaited them. According to Blackedge and Hunt [1984] they criticised Paul Willis for using small group of 12 pupils to carry out his research and all of them were boys ignoring the aspect of gender [girl]. He did not considered children in society as a whole. Willis ignores other cultures within the school and since 1977 there are few jobs in manual work, therefore many such lad stay on longer and develop same attitude to work. [HaralambosHolborn.p605-608] Michelle Stanworth [1983] interviewed is based on the A level student and teachers of humanities subject. She found that teachers gave more time and attention to boys and expected more from them. Teachers both male and female tend to know the names and expressed more concern and interest in boys. Stanworth conclude that all the attention and interest shown by the teachers both male and female to the boys, the girls do better than boys in the exams. Stanworth research was unethical because the girls did not know that they were been observed. Dale Spender [1983] the invisible woman claims womens contribution is largely controlled by men who use their power to further their own interests. The curriculum favour a male perspective womens contribution to human progress are often ignored. Girls receive less attention than boys in the classroom. Boys are often abusive to girls but are not told off. Male dominance in society is the cause of girls difficulties in education but schools help to reinforce the dominance. According to Randall [1987] he criticised the method used by Stanworth and Spender. Stanworths work was based on interview rather than direct observation. Therefore, it cannot actually establish that teachers are giving less attention to girls. [Taylor, P. et al p306-307] Mac en Ghaill [1992] studied African-Caribbean and Asian student in a sixth form college in Midland. He found that the way student responded to schooling varied considerably and was influenced by their ethnicity, gender and class composition of their former secondary schools. All of the ethnic minorities student experience problem in their educational system but in a different way depending on their gender and ethnic group. The study is important because it shows how class, gender and ethnicity interact with the school system and Mirzas study shows that negative labelling does not necessarily lead you to academic failure. [Kirby, M. et al p204-205]

Philosphy of Special Education :: essays research papers

Philosophy of Special Education I have known that I have wanted to become a special education teacher for almost three years. Over those three years I did lots of hands on experience with special education students. This past semester though I learned more in a semester about special education than I have in the past two and half years. Intro to Exceptional has taught me a lot of good information about laws, rules, and regulations of special education. I believe that inclusion is necessary for a child to prosper in society. I think that it is a great learning experience for both the special education student and their peers in the class. I think they both can learn a lot from each other. I also believe though if the student has a severe enough problem where learning in a regular setting would not benefit them I believe they should be placed in a setting where learning is most beneficial. Inclusion is a very good thing when it is used right where both the special education student and their peers can both learn from each other and still not be distracted from their studies. Being in Intro to Exceptional this semester and being a teacher?s assistant was a great experience. This class really helped me understand the students better. For example, in class we talked about the reward system with students. One student in my class had a hard time staying focused and getting his homework done. He always worked with me so I set up a deal with the teacher and if he finished his workbook by the time I was done with TA then he and I could have a game day. After that reward was set he did great.

Negotiable Instrument and Secured Transactions

CPA Regulation Negotiable Instruments and Secured Transactions Negotiable Instruments and Secured Transactions What is a note and who are the parties to a note?  © 2011 HOCK international 91 A note is a written promise to pay money. Notes are different from drafts in that notes are a promise to pay. If there is any doubt whether a document is a note or a draft, the holder of the document can decide what it is. There are two parties involved in a note. 1) The Issuer (Maker) is the promisor. This is the party who is obligated to pay the note. 2) The Payee is the person to whom the note is owed. The Payee will receive the money paid by the Issuer. CPA Regulation Negotiable Instruments and Secured Transactions What is a draft and who are the parties to a draft?  © 2011 HOCK international 92 A draft is a written order to pay money. In a draft, one party orders another party to pay money to yet a third party. If there is any doubt whether a document is a note or a draft, the holder of the document can decide what it is. There are three parties involved in a note: 1) The Drawer – The drawer writes and signs the note, 2) The Drawee (usually a bank) – The drawee is ordered by the drawer to pay the Payee, and 3) The Payee – The payee will receive the money from the drawee. CPA Regulation Negotiable Instruments and Secured Transactions What are the common types of notes and drafts?  © 2011 HOCK international 93 The main types of notes are: 1) certificate of deposit (a bank promissory note); 2) time note (payable at a specific time in the future); 3) demand note (payable when it is presented to the issuer); and 4) installment note (the principal is payable over time). The main types of drafts are: 1) checks (written on a bank and payable on demand, requiring the drawee to be a bank); 2) cashier’s checks (a check that is drawn by a bank on itself); 3) trade acceptances (a seller of goods writes a draft ordering the buyer to pay at a future time); 4) sight drafts (a draft payable when it is delivered); and 5) time drafts (a draft payable with a certain period of time). CPA Regulation Negotiable Instruments and Secured Transactions What are the five elements of negotiability?  © 2011 HOCK international 94 In order for an instrument to be negotiable, it must have the following five elements: 1) It must be in writing and signed by the issuer. 2) There must be a sum certain. 3) There must be an unconditional promise or order to pay. 4) It must be payable upon demand or at a specific time. 5) It must be payable either to order or to bearer. CPA Regulation Negotiable Instruments and Secured Transactions What are the requirements for the writing and signature?  © 2011 HOCK international 95 A negotiable instrument cannot be an oral communication – it must be written. However, there is no requirement that the writing be on a piece of paper (the writing may be on other items).Additionally, the instrument must be signed by the issuer, or drawer, to be considered negotiable. The use of any symbol executed or adopted by a party with a present intention to authenticate a writing is sufficient to meet the definition of signed. Thus, a signature can be made manually or by means of a device or a machine, and it can use any name (including a trade or business name) so long as the signatory intends to authenticate the writing. The signature can also be a sign or symbol different from the person’s name. CPA Regulation Negotiable Instruments and Secured TransactionsWhat are the exceptions to a sum certain?  © 2011 HOCK international 96Though these items appear to contradict the sum certain requirement, the following items do not destroy the negotiability of a note:1) A disparity between the words and numbers on an instrument (in this case the written words are used, not the numbers);2) A provision for collection costs (including attorneys’ fees in the event of the debtor’s default);3) A reference to an exchange rate; and4) Variable interest rate provisions. However, the instrument must be payable only and completely in money. Thus, a note fails the negotiability est if the note specifies that it is payable in money and/or personal services or goods. CPA Regulation Negotiable Instruments and Secured Transactions What does unconditional mean for a negotiable instrument?  © 2011 HOCK international 97The instrument must be a simple unconditional promise (in the case of notes) or a simple unconditional order (in the case of drafts). Thus, an instrument must be a courier without luggage. This means that the promise or order must not be contingent on some other event happening. If, for example, an instrument says, â€Å"I promise to p ay, contingent upon satisfactory completion of the terms of he contract signed today†¦,† then the note is not negotiable because it is conditional. However, if instead the instrument says, â€Å"As per the contract signed today, I promise to pay†¦,† then this instrument is negotiable because it only makes reference to an underlying contract. CPA Regulation Negotiable Instruments and Secured Transactions What types of conditions may exist in a negotiable instrument without destroying its negotiability?  © 2011 HOCK international 98 There are, certain conditions that may exist in the instrument without destroying the negotiability of the instrument:1) A promise or order is not made conditional if it makes eference to another writing for the statement of rights with respect to collateral, a prepayment clause, or an acceleration clause or because payment is limited to a particular source.2) Acceleration clauses enable the creditor to collect more quickly should the debtor not make timely payment. These are permitted because they minimize the burden on creditors and courts.3) If a promise or order requires countersignature by persons whose signature appears on the promise or order, as condition of payment, this condition does not make the promise or order conditional. This instrument would continue to be negotiable.The key point regarding negotiability for these types of clauses is whether the amount or certainty of payment is not changed by this clause. If no change will occur, negotiability is not impacted. CPA Regulation Negotiable Instruments and Secured Transactions What are the requirements for the time of payment?  © 2011 HOCK international 99Since the holder of the instrument must be able to determine when it comes due, the instrument must be payable on demand or at a definite time. The time does not need to be a specific date in the future as long as there is reference in the instrument that enables the time o be determined. Desp ite the fact that there needs to be a date of payment, there is no requirement that an instrument be dated. Undated instruments are negotiable and are treated as payable on demand by the holder. Instruments may also be antedated (backdated) or postdated. An instrument payable on demand is not payable before the date that is written on its face. It is also possible for the time period for payment to be extended without destroying the negotiability of the instrument. CPA Regulation Negotiable Instruments and Secured Transactions To whom must a negotiable instrument be payable? 2011 HOCK international 100In order to be negotiable, the instrument must contain the words of negotiability: â€Å"payable to bearer† or â€Å"payable to order. †1) An instrument is payable to bearer if it:a) states that it is â€Å"payable to the bearer† or to â€Å"the order of the bearer†;b) does not state a payee; orc) is payable to the â€Å"order of cash† or is not payab le to an identified person. An instrument payable to bearer allows whoever holds the instrument to exercise the instrument’s rights without indorsement by the maker of the instrument.2) An instrument payable to order specifies the person o whom payment should be made. Because there is a named payee, until the named person makes a transfer of his rights by indorsing the instrument, the instrument cannot be redeemed for value and cannot be readily transferred to a new holder. CPA Regulation Negotiable Instruments and Secured Transactions List and define the three stages in the life of a negotiable instrument.  © 2011 HOCK international 101There are three stages in a negotiable instrument’s life:1) Issuance: when the instrument is created and transferred to the first holder, The issuance of the instrument is not a negotiation. 2) Transfer: when the instrument is transferred from one holder to another3) Presentment: when the instrument is presented for payment and after payment is made ceases to exist as an instrument. Transfer and presentment of an instrument may constitute a negotiation. Physical transfer of the instrument gives to the transferee (recipient) whatever right the transferor (giver) had in instrument. If the transferee becomes a â€Å"holder† of the instrument, then the transfer is called â€Å"negotiation. † The way that an instrument is transferred depends on whether the instrument is payable to bearer or to order. CPA Regulation Negotiable Instruments and Secured Transactions How may order and bearer instruments be transferred?  © 2011 HOCK international 102Transfer of Bearer Paper – If an instrument is made out to bearer, the person who physically possesses the instrument is the holder. Since the holder is determined by physical possession alone, a bearer instrument may be transferred simply by giving the instrument to another person. The indorsement (signature) of the previous holder is not required to neg otiate bearer paper. Transfer of Order Paper – If the instrument is payable o the order of someone, then the identified person is the bearer once he or she has the negotiable instrument in his possession. However, the negotiation of order paper to another person requires the indorsement by the named party. CPA Regulation Negotiable Instruments and Secured Transactions What are blank and special indorsements?  © 2011 HOCK international 103Blank indorsement is when the payee simply signs his or her name to the back of the instrument. A blank indorsement automatically converts an order instrument to a bearer instrument. However, the holder of an instrument with a blank indorsement can convert the nstrument to order paper by writing a new payee above the blank indorsement. With a special indorsement, if the payee wishes to preserve the order character of the instrument, then the payee may specify a new payee. After this first special indorsement, the signature of the new payee is required for further negotiation of the instrument. If a special indorsement is placed on bearer paper, the special indorsement makes it order paper. CPA Regulation Negotiable Instruments and Secured Transactions What are restrictive and qualified indorsements?  © 2011 HOCK international 104Restrictive indorsement: when the payee adds a condition to the payment of the instrument. Negotiation and further transfer of the instrument are not impaired. Examples are a restriction â€Å"for deposit only,† or for â€Å"payment after the completion of X. † Banks may ignore all restrictive indorsements except those made by the immediate transferor. Qualified indorsement: payee signs his name and adds â€Å"without recourse. † Without this statement added to an indorsement, the signatory guarantees payment: if the original parties do not pay, the signatory will. To avoid this liability, the signatory indorses the check with the words without recourse. † A qualif ied indorsement does not destroy the negotiability of the instrument and does not prevent its transfer. Instead a qualified indorsement makes it order paper. As a result, it must be indorsed before it can be negotiated. A qualified indorsement eliminates the indorser’s contract liability (guarantee of payment), but not his warranty liability. CPA Regulation Negotiable Instruments and Secured Transactions What happens if a negotiable instrument presented for payment is rejected by the payor?  © 2011 HOCK international 105If a payor does not agree to make payment or to accept n instrument that has been presented to them, then the payor has dishonored the instrument. This refusal to make payment gives the instrument holder the right of recourse against the parties with secondary liability. In some cases this process of dishonoring an instrument can be done orally. In other cases written documentation, including a notice of dishonor, is necessary in order to establish legally t he secondary liability against other parties to the instrument such as the indorser. CPA Regulation Negotiable Instruments and Secured Transactions What party has primary liability for a negotiable instrument? 2011 HOCK international 106Primary liability is the liability of makers and acceptors (and sometimes accommodation parties, too). Primary liability means that the maker or acceptor is obligated to pay the instrument before any other party. 1) Maker. This is the party who is obligated to pay a promissory note (not a check – the person who writes a check is called the drawer, below) according to the terms that existed at the time of issuance. 2) Acceptor. The drawee (the bank) has no liability for payment until he accepts the draft. Once the drawee accepts the draft (by signing it), he becomes n acceptor and agrees to pay the draft as presented. Thus, if the acceptor signs an incomplete draft (for example, the amount is blank), he is liable for any unauthorized amount lat er filled in. CPA Regulation Negotiable Instruments and Secured Transactions Who has secondary liability for a negotiable instrument?  © 2011 HOCK international 107Secondary liability is the liability that drawers and indorsers have for the instrument. Drawers and indorsers are required to pay for the instrument only if the party with primary liability fails to pay. 1) A Drawer’s Liability. The drawer is the person who rote the draft and in so doing ordered another party (usually a bank) to make payment. The drawer does not expressly promise to pay the instrument himself or herself, but implicitly guarantees payment by virtue of using the drawee as a payment agent. In the event that the drawee refuses to pay a draft, the drawer is obligated to pay so long as the drawer is notified of the drawee’s dishonor of the draft. 2) An Indorser’s Liability. An indorser is someone other than the maker, drawer or acceptor who signs the instrument to negotiate it, restrict it or just to incur liability. The indorser’s signature is called an â€Å"indorsement. An indorser’s liability is created once an instrument has been dishonored and the indorser has been notified of the dishonor. CPA Regulation Negotiable Instruments and Secured Transactions What are the 5 warranties that a transferor makes in respect to the negotiable instrument that is being transferred?  © 2011 HOCK international 108Warranty liability relates to the warranties (promises, or guarantees) that are made by a transferor in respect to the instrument that is being transferred. The transferor warrants that: 1) Good title to the instrument exists and the instrument is enforceable (it is their instrument to transfer). ) All signatures are authorized and genuine (meaning that there are no forgeries). 3) There are no material alterations (for example, the dollar amount has not been increased). 4) The transferor has no knowledge of any insolvency proceedings associated with the instrument. 5) There are no defenses that can be asserted against the transferor that would prevent payment of the instrument. CPA Regulation Negotiable Instruments and Secured Transactions To which parties are warranties made by a transferor of a negotiable instrument?  © 2011 HOCK international 109The parties to whom warranty liability is incurred depend n how the instrument is transferred: 1) Transfer with Indorsement. When the transferor signs the instrument, he or she incurs warranty liability with respect to the immediate transferee and all subsequent (following) transferees. 2) Transfer without Indorsement. If the transfer is made without the indorsement of the transferor, the transferor incurs warranty liability only with respect to the immediate transferee (recipient). Therefore, it is better for the transferor to transfer without indorsement if that is possible. CPA Regulation Negotiable Instruments and Secured Transactions What are accommodation parties nd what type of liability do they have?  © 2011 HOCK international 110An accommodation party is a party who signs an instrument as maker, drawer, acceptor or indorser with the deliberate purpose of backing the obligation of another party (the accommodated party). Thus, the accommodation party incurs liability without being a direct beneficiary of the instrument (this is true even if the accommodation party acts as a paid surety; the key is that someone else gets a direct benefit of value given for an instrument). Accommodation parties incur no warranty liability, but they do incur secondary contract liability just like rawers and indorsers. Additionally, an accommodation party has primary contract liability if he or she signs on behalf of a note’s maker. CPA Regulation Negotiable Instruments and Secured Transactions How may liability on an instrument be terminated?  © 2011 HOCK international 111A person who is liable for an instrument can be discharged of some or all of the liabiliti es through: 1) Discharge by Performance (payment of the instrument). 2) Discharge by Mere Tender of Payment. The party who offers payment to the holder is discharged from any future liability for collection costs, interest and attorneys’ fees. ) Discharge by Cancellation or Renunciation. 4) Discharge by Material Alteration. If the amount of an instrument is changed fraudulently, this discharges all previous signatories. 5) Certification of a Check by a Bank. This discharges all prior parties to the instrument as the bank becomes primarily liable for the check. 6) Unexcused Delay in Payment. With unreasonable delay in the presentation of the instrument, previous signatories may be discharged. 7) Discharge Through Release of the Collateral. When collateral is released, the original promisor is also released. CPA RegulationNegotiable Instruments and Secured Transactions What are the four requirements to be a holder in due course and what are the benefits?  © 2011 HOCK internat ional 112 A holder in due course (HDC) has special status. This status protects an innocent third party (the HDC) from losing his or her investment in a negotiable instrument due to some underlying problem with the instrument. There are four requirements that must be met for a holder to be an HDC: 1) Holder. The individual must be a holder of a negotiable instrument. 2) Value Given. The holder must have given present or past value (not future value) for the instrument. ) Good Faith. The holder must have acted in good faith in the acquisition of the instrument. 4) No Notice of Defect. The holder must take the instrument without notice that the instrument is overdue, has been dishonored, or has been forged. CPA Regulation Negotiable Instruments and Secured Transactions What is a holder under a holder in due course and what are the benefits of this status?  © 2011 HOCK international 113The transfer of a negotiable instrument gives to the recipient (the transferee) any rights the tran sferor had to enforce the instrument. This includes the rights as an HDC. This means that when an HDC transfers the instrument to someone else, that recipient automatically has all of the same rights as an HDC. If the recipient meets the requirements as an HDC, they will be an HDC. If, however, the recipient does not meet the HDC requirements (perhaps they received the instrument as a gift), they will be a Holder Under Holder in Due Course (HUHDC) if the transferor was an HDC. This means that it is possible for a person who would not be an HDC (perhaps because he or she knew about some defect or the instrument was overdue) to be an HDC simply because the person from whom they obtained the nstrument was an HDC. This is the case regardless of whether the transfer is a negotiation or a gift. CPA Regulation Negotiable Instruments and Secured Transactions What are the real defenses?  © 2011 HOCK international 114When an HDC makes a claim to force payment, the only defenses that the per son can use to prevent having to make payment to the HDC are real defenses. Real defenses concern the validity of the instrument itself. By using a real defense, the defendant (who tries not to pay) claims that the instrument was never actually an instrument and they never had a liability to that person. They include: ) Infancy. 2) Duress. 3) Incapacity. 4) Illegality. 5) Discharge in Bankruptcy. 6) Fraud in the Execution. 7) Forgery. 8) Alteration. 9) Subsequent Claims and Defenses. CPA Regulation Negotiable Instruments and Secured Transactions What are the personal defenses?  © 2011 HOCK international 115 All other defenses, other than real defenses, are personal defenses. Examples of personal defenses are: 1) Fraud in the inducement; 2) Lack of consideration; 3) Breach of contract; and 4) Mistakes. Personal defenses are ineffective against HDCs. This means that these defenses will not prevent someone from having to pay the HDC.

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