Contract Law Problem Question - Breach of Contract Essay

Contract Law Problem Question - Breach of Contract - Essay Example A breach of contract occurs when a party to it acts inconsistently with his obligations either by implications or express words without lawful excuse. The onus is on Peter to prove that there was, in fact, a breach committed by David. Generally, the act that is allegedly in breach must have â€Å"such an effect, that the party in question has put it out of his power to perform his obligations† (Alfred C Toepfer International GmbH vs Itex Hagrani Export SA (1993) 1 Lloyd’s Rep 360, 362). Moreover, Peter is not required to wait for David to perform, and the effect of the breach is immediate (Hochester v. De La Tour (1853). In order for the breach to be classified as a repudiatory breach, that is one allowing Peter to set aside the performance of the contract, the breach must be one of condition or a serious innominate term and not warranty. The current scenario entails a breach of time, which is generally of the essence. It is arguable that this breach is one of condition, and the immediate consequence of that for Peter is his right to elect one of two alternatives; terminate the performance of or affirm the contract, communication either of them in a reasonable amount of time (Stocznia Gdanska SA v. Latvian Shipping Company (2002)). Since Peter has opted to stay at the house and continue running it as a guest house, he has decided to opt for the affirmation of the contract, which will be affected just by merely continuing with his obligations of running the business while maintaining a healthy profit (Davenport v. R (1877)). Thus, Peter is advised to affirm the contract and apply for an order of specific performance by exercising his right of election and issue a claim in damages.

Human genetic engineering Research Paper Example | Topics and Well Written Essays - 2000 words

Human genetic engineering - Research Paper Example Human genetic engineering, HGE refers to a process where medical professionals and scientists interfere with the DNA or genetic makeup of a human cell. Ideally, this process aims at fixing defective genes that have the potential of causing diseases or other genetic complications (Berry 5). Hanna refers to this as genetic enhancement and acknowledges it as the process where genetic material would be transferred for the modification of non-pathological human traits. The institute further argues that the term entails not just making humans well, but rather better than well, by optimizing their capabilities and attributes. This could be accomplished through insertion of a foreign gene into an organism that is virus-like. Thereafter, this organism would be introduced to the human cells thus inserting the new gene into the subject’s genome. Three applications have been used for HGE. Somatic engineering would target specific genes in the given tissues and organs without interfering with the genes occurring in the sperm or eggs (Koops et al. 19). This application aims at treating an existing condition without altering the entire genetic makeup of an individual. On the other hand, germline engineering targets the genes in embryos, sperm or eggs at the early development stages. Thus, this genetic modification affects the cells in the body of the developing embryo that are created afterwards. If the individual sires offspring, such genes would be passed onto the new generation. Finally, cloning could also be applied in HGE in three different ways as given by Berry (24). DNA cloning, also referred to as recombinant DNA technology, involves the transferring of DNA fragment from an organism onto an element that is self-replicating so that the DNA replicates itself in the foreign host cell. To generate an organism with the same DNA as an existing organism, then reproductive cloning would be used. Finally, therapeutic

Beowulf Essay Example for Free

Beowulf Essay In the epic poem â€Å"Beowulf†, the poet presents both the elements courage and cowardice. These elements are very important and show up continuously throughout the poem. Although the poem is mainly about heroic battles, there are also many cowardly acts among the villagers. The poet significantly develops courage throughout the poem. It is shown when Beowulf challenges Grendel to a battle and ends up defeating him. It is stated that Beowulf fought without any armor and still won. Once done with the fight, he is faced with another battle which is Grendel’s mother. After a tough and long fight, Beowulf ends up winning as well. The brave and courageous thing about Beowulf is that he is willing to do anything and fight for his people, he gives it all his strength to save his village. For example, the challenge with Grendel started because he was terrorizing the Danes. Another example of courage in the poem is when Beowulf fights the dragon, it is clear that this is one of his toughest battles but he cares for his people and puts himself in danger. Beowulf accomplishes a lot for the survival of the Danes and the Geats. On the other hand, cowardice is also shown in the poem through Unferth. Unferth does not want to live under the â€Å"courageous† culture that is so popular in many men anymore. By this, he is letting so much happen to his kingdom and doesn’t care. The most coward thing that Unferth does is give away his sword, it was known back then that a virtuous warrior never parted from his sword. Just like Beowulf is very brave, he has his bad moment as well, he doesn’t want to admit that his time has come and that he is too old to fight the dragon. But the people in Geats show cowardice by not helping their king on his battle. Instead, they hide and just watch not even helping their king who has done so much for them. In conclusion, the epic poem â€Å"Beowulf† may have many brave people but it also shows how some throw away their position as king or do not want to fight for their people anymore, as well as the inconsiderate villagers. Both courage and cowardice are very well portrayed in the poem.

Schindlers List And Saving Private Ryan

Schindlers List And Saving Private Ryan Both films demonstratively take on a time in history and rework it in the name of memory. The power of both movies lies in their label of authenticity. Schindlers List is based on the true story of Oskar Schindler and Saving Private Ryan is in part based on the true story of Friz Niland. The factual historical figures are not the only interplay between fact and fiction. Scenes in classical Hollywood film standards stand in contrast with the integration of various devices originally belonging to a documentary. An example for a scene in Schindlers List that can be easily identified as fiction or as a classical Hollywood scene is when the women and children are taken to Auschwitz-Birkenau due to a mix-up of lists. They are told to take a shower. Spielberg spends a good deal over this scene showing the womens frightened faces with the violins playing in the background and the womens cumulative screams. At the end, water flows from the shower heads and the frantic screams get replaced by laughter. Supporting the idea stated in the review, this scene was there to make the event more dramatic. It created an element of fiction. In Saving Private Ryan one noticeable classical Hollywood mode is the movement of the camera. It breezily moves alongside the characters, which helps the viewer through the narrative dialogues. The real story of Friz Niland becomes a narration and with this a mixture between fiction and fact. Both movies are considered classical Hollywood films, however, Spielberg also integrates various devices originally belonging to documentaries. In Schindlers List almost the entire movie is shot in black-and-white. Leon Wieseltier addresses Schindlers Lists use of black-and-white in Close Encounters of the Nazi Kind: Its renunciation of color is adduced as a sign of its stringency; but the black and white of this film is riper than most color.(p. 42) The rejection of color is riper than most color because of the way it increases the historical feeling. Since all of the pictures we have from that time are not in color, we have only seen the Holocaust in black and white. This puts the film closer to reality. Shooting in black and white is a device normally used in documentaries. With using something originally used by documentaries, Spielberg creates the image of portraying fact and a slice of reality. In order to achieve a more historical texture in Saving Private Ryan, Spielberg mani pulates the film stock. The images of the past are presented in reduced brightness and a flatter contrast. Besides the reduced brightness he also uses a camera movement typical for documentaries. As an example, I want to look at the scene of the invasion of Normandy. The camera, unable to keep up with the speed of death, dashes from man to man. At times the images even lose their corresponding sound to simulate the effect of being shell-shocked. Additionally, the battle scenes are captured with a hand-held camera. This camera style resembles a documentary film and claims to portray the truth or to have direct access to the reality of what happened during the invasion of Normandy. Furthermore, Steven Spielberg breaks away from the Hollywood convention of a neatly divided diegesis between good and evil. Oskar Schindler is a war profiter. He wished to profit from evil, but as the plot develops he uses his financial profits to save the people who helped him win them. It is just when his jews are to be sent to Ausschwitz that he becomes the good character and uses his money to buy them back. In Saving Private Ryan, Spielberg breaks away from the typical Hollywood convention of introducing us to a protagonist (whom we can follow through the diegesis) in the first few minutes. Instead, he leaves the audience confused. In the first thirty minutes of the movie, we cannot identify with any character. Instead, Spielberg gives us the impression of being alongside the characters. The use of various different devices lets the line between fact and fiction become less and less recognizable. It creates an illusion of portraying the past as it really was. This illusion makes us believe that the picture of World War II is captured authentically in both movies. My last argument is on the ground that both films employ their themes in similar ways. First of all Im going to look at the use of color. Schindlers List uses color or the absences of color to create a moral reawakening in the main character. With the film almost entirely in black and white one image strikes out- the girl in the red coat. She is one of the few color images in the entire film. Our attention is drawn to her even if she is but one of a hundred people in a long shot. She is the pure innocence, walking unnoticed through the Nazi Regime. Schindler follows the small figure as she walks aimless and alone amid the madness and horror in the street. At the end he sees her lying on a small wagon besides other murdered prisoners. She touches his soul in a way the shear amounts of numbers couldnt. Her image stands for all of the mass murder of millions of people. She is a symbol for all the 6.000.000 victims, who died, who had families, who had lives and who had dreams. It is at t hat moment that Oskar Schindler begins to change. He changes his dedication from his capitalistic fantasies to the saving of as many Jews as possible. He becomes the good german, an individual that is able to save lives. In Saving Private Ryan no character is presented as the only colorful image in a black and white sequence. However, color is used in an artistic way since most of the movies color is saturated. The opening and final scene, when present-day Private Ryan and his family visit the American Cemetery and Memorial, is shot in unreduced color. This scene shot against the bright light of Colleville-sur-mer in France stands out sharply. It seems to convey the image of a slice of todays reality. The foregoing footage in bleach bypass stands in contrast to it. The color makes a clear difference between what happened in 1944 and what is happening today. While the greater part of the movie captures the brutality of war, the final scene focusses on the survival. The bright color, which conveys a slice of reality, emphasizes the survival of soldiers, while the saturated color supports the senseless and gory picture of war. A second way in which Spielberg employs themes is through the use of long shots and close-ups. We learned that technique is never just technique. It retains a responsibility towards the presented picture. Spielberg uses the difference between long shots and close-ups in both movies- a technique that lets us understand and identify the different themes. I want to take a look at one scene in particular. Spielberg uses parallel editing to interwove Izaak Sterns waking up and Amon Goeths speech with each other. The sequence is presented as a point-of-view sequence, in which Stern is taken as the witness of the preparations for the transportations going on in the Ghetto. Emphasized by a close-up, Stern puts on his glasses and turns towards the window. The following shot is an extreme high angle shot from his vantage point. It takes the window and curtain as the frame. After a shot of rows of chairs and tables being stet up, the camera comes back to a medium shot of Stern, who turns away f rom the window. Throughout the sequence Goeths speech was used as the tone. The scene ends with reconnecting Goeths voice to his body. Quoted in the book Critical Perspectives on Schindlers List Goeffrey H. Hartmann says that: To see things that sharply, and from a privileged position, is to see them with the eyes of those who had the power of life and death.(p 98) Later in the movie, Amon Goeths position and view is represented in a similar way of long shots and close-ups. It presents us with the power he has over life and death. This technique makes the viewer feel uncomfortable, who is able to see how Goeth randomly shoots at people. In Saving Private Ryan I want to look at the use of long shots and close-ups in the shell chock scene at the invasion of Normandy. The camera lies in a mid shot on Captain Miller, played by Tom Hanks. It then changes to a mid shot of two soldiers, whose face cannot be seen. It is a subjective point of view shot as it is through Tom Hanks eyes. Going over to a long shot, we can now see the characters whole body as they try to run away from an explosion. After we see Tom Hanks in a mid shot again, the shot transfers to a long shot showing a soldier who has lost his arm and other soldiers hiding behind dead bodies. At the end the scene ends in a close up of Tom Hanks face. His facial expression is serious and has a look that says lets do it. The camera carries us through the mind of an soldier. We can see the things he sees, switching from one event to another. With the close up of the face, the decision to stop looking but fight for the survival is made. Through the difference in long shots and close-ups, Spielberg is able to emphasize the decision of life and death. It helps to employ themes and an unforgettable experience. Last but not least, I want to look at the opening and closing scenes of both movies. The opening scene in Schindlers list is a close-up of a hand lighting a pair of Jewish Sabath candles. Then a man recites the prayer over the wine in the presence of his family. The family vanishes from view and in another close-up shot we see the candles burn lower and lower until they burn out, sending a hint of smoke into the air. The obliteration of the candles is a symbol for the obliteration of the Jewish people. (, which employs the theme of death). The final scene is set in present- day Jerusalem. One of the last shots is one of Schindlers grave, which stands in a christian cemetery. The camera encompasses the large cross attached to the cemetery, which looms against the blue sky. Just prior to the credits, a hand places a rose on Schindlers grave. In a long shot we see the Christian cemetery filled with crosses and we are able to read on the screen: In memory of the more than six million Jew s murdered. The targeting of the crosses seems to say that if Christians would have followed their christians beliefs, not so many Jews would have died. However, the last scene also honors one Christian, who risked his life and helped Jews to survive. Through the opening and closing scene, Spielberg employs the theme of death and survival. The candle turns out at the beginning of the flim, which stand for the death of Jewish people. The bright sky of Jerusalem picks up the light from the first scene and stands for the survival of Jews. Saving Private Ryan both ends and begins with the American Flag. The opening and closing scenes are both set in the American Cemetery in Normandy. An elderly veteran and his family are walking through the cemetery. The tombstones represent the amount of loss experienced during World War II, while the veteran, Private Ryan, stands for the people who survived. The movie is framed by the glorification of the American flag. Within this frame, however, the film acknowledges that the attempt to save private Ryan comes at the expense of soldiers. So while the American flag is there at the beginning and the end it is not clear what it means. One can portray the controversy in the film to America. On the one hand, it has a Declaration of Independence, that people have a free will, and on the other hand it has Federalist 10, which orders people to go to war. Spielberg ultimately ends and opens his film on a note that people survived.

Nazi Labour Camps and Capitalism Essay -- Comparative, Borowski

Throughout the communist era in Central and Eastern Europe, but especially in the first half of that era, capitalism was seen as immoral and inhumane. Capitalism, as discussed by Karl Marx in The Communist Manifesto, was the cause of many social ills in society and needed to be overthrown (Marx 221-222). In â€Å"This Way for the Gas, Ladies and Gentlemen,† Tadeusz Borowski uses imagery and characters to compare and contrast the Nazi labor camp to capitalism. Although the ideology of capitalism is not as cruel as the Nazi labor camps, when put in practice it does have some similarities to these camps. Of course, Borowski wrote this story while he was a member of the communist party, which suggests that his opinion of capitalism may be skewed. Nevertheless, in the discussion that follows, I will argue that Borowski’s use of imagery in â€Å"This Way for the Gas, Ladies and Gentlemen† was intended to portray the structure, motivations, and social interactions within the camp as similar to those of capitalist society. In order to compare the Nazi labor camps to capitalism, Borowski begins to discuss the structure of the camp. Borowski stresses that the Nazi’s have the camp well organized and designed for efficiency. â€Å"The crews are being divided into those who will open and unload†¦and those who will be posted by the wooden steps. They receive instructions on how to proceed most efficiently† (Borowski 15). However, not only are the camp laborers divided into different positions among themselves, but the type of jobs performed by the Schutzstaffel (S.S. officers) and camp laborers are different. This is a portrayal of capitalist society because it was Henry Ford who developed the assembly line in 1913, which began the practice of the ... ...after the war. This is mainly because he was pro-communist when he wrote this story. Due to this fact, it is unlikely that Borowski would compare communism to the labor camp, but highly likely that he would believe that capitalism and the labor camps are similar. However, Borowski portrays the similarities between the labor camps and capitalist society in a negative light, which is most likely done because he may have wanted to promote communist ideas. Borowski compares capitalist society to labor camps through the interactions and imagery presented in the story. Much of the interactions that take place and the imagery described relates to the way society is organized, which is one of the main complaints in The Communist Manifesto. Although there is no proof that Borowski read The Communist Manifesto, much of the story is relatable to what is presented in it. Nazi Labour Camps and Capitalism Essay -- Comparative, Borowski Throughout the communist era in Central and Eastern Europe, but especially in the first half of that era, capitalism was seen as immoral and inhumane. Capitalism, as discussed by Karl Marx in The Communist Manifesto, was the cause of many social ills in society and needed to be overthrown (Marx 221-222). In â€Å"This Way for the Gas, Ladies and Gentlemen,† Tadeusz Borowski uses imagery and characters to compare and contrast the Nazi labor camp to capitalism. Although the ideology of capitalism is not as cruel as the Nazi labor camps, when put in practice it does have some similarities to these camps. Of course, Borowski wrote this story while he was a member of the communist party, which suggests that his opinion of capitalism may be skewed. Nevertheless, in the discussion that follows, I will argue that Borowski’s use of imagery in â€Å"This Way for the Gas, Ladies and Gentlemen† was intended to portray the structure, motivations, and social interactions within the camp as similar to those of capitalist society. In order to compare the Nazi labor camps to capitalism, Borowski begins to discuss the structure of the camp. Borowski stresses that the Nazi’s have the camp well organized and designed for efficiency. â€Å"The crews are being divided into those who will open and unload†¦and those who will be posted by the wooden steps. They receive instructions on how to proceed most efficiently† (Borowski 15). However, not only are the camp laborers divided into different positions among themselves, but the type of jobs performed by the Schutzstaffel (S.S. officers) and camp laborers are different. This is a portrayal of capitalist society because it was Henry Ford who developed the assembly line in 1913, which began the practice of the ... ...after the war. This is mainly because he was pro-communist when he wrote this story. Due to this fact, it is unlikely that Borowski would compare communism to the labor camp, but highly likely that he would believe that capitalism and the labor camps are similar. However, Borowski portrays the similarities between the labor camps and capitalist society in a negative light, which is most likely done because he may have wanted to promote communist ideas. Borowski compares capitalist society to labor camps through the interactions and imagery presented in the story. Much of the interactions that take place and the imagery described relates to the way society is organized, which is one of the main complaints in The Communist Manifesto. Although there is no proof that Borowski read The Communist Manifesto, much of the story is relatable to what is presented in it.

Tolstoys Three Hermits Essay -- essays research papers fc

Between 1875 and 1877, Leo Tolstoy, nobility by birth, wrote installments of Anna Karenina. While writing Anna Karenina,† he became obsessed with the meaning and purpose of life. This led Tolstoy to compose the essay, My Confession, detailing his agonizing religious and moral self-examination, published in 1882. He devoted another three years to the discovery of the meaning and purpose of life. At the close of the seven years of only non-fiction essays, Tolstoy resumed writing and publishing fictional works. However, he did write two more essays devoted to the meaning of life, What Then Must We Do (1886) and The Kingdom of God is Within You (1892). Tolstoy, in 1886 wrote a particularly intriguing tale of a bishop and three old men, The Three Hermits,† which reflects Tolstoy’s search for purpose and the meaning of life. The Three Hermits is a journey, both physical and spiritual, similar to Tolstoy’s faith journey. â€Å"A bishop was sailing from Archangel to the Solovetsk Monastery, and on the same vessel were a number of pilgrims on their way to visit the shrine at that place†¦Ã¢â‚¬  (Tolstoy, p. 1). The story goes on to say that a fisherman on board relayed the tale of the three hermits who live on an island near where they currently were sailing. The Bishop becomes very curious, and insists upon meeting the hermits. The other pilgrims protest at the idea of stopping. The captain also objects and informs the bishop, â€Å"The old men are not worth your pains. I have heard said that they are foolish old fellows, who understand nothing, and never speak a word, any more than the fish in the sea† (Tolstoy, p.3). This passage makes an ironic point. The pilgrims travel to Solovetsk, home of a monastery considered one of the holy places in Russia, to pay homage and receive Godâ€⠄¢s favor, yet they are unwilling to learn from people close to God, much like the people of Tolstoy’s time, too wrapped up in the church’s doctrine to see the way to God. Tolstoy wrote in Repent ye, for the Kingdom of Heaven is at Hand, a chapter of The Kingdom of God is Within You that Christians must aspire to the Kingdom of God, not the kingdoms of the world, meaning that the idols and relics of the church are worthless, people should instead visit God through meaningful prayer, good deeds, and work. The tale continues on to say, â€Å"the cable was quickly let out, the anchor cast and the sails furled†¦ Then... ...rought to life in a fable. The Three Hermits span time in understanding the journey to the meaning of life. To this day, the puzzle never has been solved and may never be solved. In the immortal words of Tolstoy, â€Å"If you are content with the old world, try to preserve it, it is very sick and cannot hold out much longer. But if you cannot bear to live in everlasting dissonance between your beliefs and your life, thinking one thing and doing another, get out of the medieval witted sepulchers, and face your fears. I know very well it is not easy† (The Anarchist Library, p.1). Works Cited Tolstoy, Leo. The Three Hermits. Democritus University of Thrace. 8 January 2000 . Leo Tolstoy. The Anarchist Library. 12 January 2000 . Forster, Stephen. The Gulag's Archipelago. 12 January 2000 . Crosswalk.com: Bible Study Tools. Crosswalk.com Network. 14 January 2000 . â€Å"Tolstoy, Leo.† World Book. Chicago: World Book Inc., 1998.

Diverse Communication and Classroom Management Essay

For teaching to be successful at any given stage, there should be an effective management of the classroom. This can be done through showing respect for the diversity that exists in the classroom situation. Diversity entails physical attributes, beliefs, gender, ethnic and cultural background, styles of learning and age among others (Dowdy & Delpit, 2008). The communication in the classroom setting is also of immense importance because through it, the students are able to reach out to the teacher and their peers while the teacher can be able to deliver the content in a manner that the learners will find easy to follow. This calls for the incorporation of effective management skills and promotion of good communication in class (Kassem, 2004). Respect can only be achieved if the teacher and the students communicate well and avoid dispensation of prejudicial materials (Snow & Fillmore, 1999). In addition to this, there should be some connections between the teacher and the students individually so as to enhance understanding of the feelings and personality of the students (Dowdy & Delpit, 2008). The relationship between what is learnt and their application to the daily lives is paramount in eliciting excitement and the enthusiasm to learn among the students. This paper looks in depth at these important parts that go into making the process of teaching and learning a success. The evaluation of these factors have been based of the fieldwork activities done by Ulrich, which are a one-on-one encounter with the learners and outside the classroom and the building of connections by the new teacher Introduction There are a myriad of challenges in the classroom that a teacher faces due to the diverse nature of many schools today (Snow & Fillmore, 1999). The number of students has increased and issues pertaining to gender and disability are rife in many schools. Communication therefore becomes a vital component of the teacher’s day to day teaching activities as well as the learning that takes place in the classroom (Kassem, 2004). The teacher has to recognize and analyze the cultures that the learners come from so as not to appear or be prejudicial and thus affect the smooth learning process, an issue that makes communication in such diverse classrooms to be challenging (Snow & Fillmore, 1999). The different cultures of the teachers may also prove to be an influence on the communication in the classroom thus affecting the manner in which the teacher has to deliver his/ her content. Promotion of positive behavior in students and achievement of good results are only possible if there is efficacy on the part of the teacher which is a constituent of good management in the classroom (Cummings, 2004). Generally, the realms of classroom management include the management of content, the conduct, and management of the covenant between the teacher and the students. Management of the content entails the skills that spans all activities and subjects taught in the class while conduct management entails the beliefs appertaining to people’s nature. The knowledge of people’s diversity should be integrated with some philosophies of instruction so that teachers can have a more effective and better way of handling their classrooms (Cummings, 2004). Management of the covenant between the teacher and the students regards classroom as a system that is social in nature and that the roles of the teacher and the students do shape the teaching- learning environment but is informed by the culture within which the school is found (Dowdy & Delpit, 2008). This calls for close relationship between the community and the school so that the school can be dynamic enough to cope with the dynamic needs of the society. For a school to be qualitative, the effectiveness of the teacher and the achievement of the student must be enhanced through the creation and strengthening of interpersonal skills for instance as seen in Ulrich’s journal entries. The learner has to feel wanted and treated as an important person. Central to this is communication between the teacher and the students such that in case of errant behavior, there should be an agreement on how the punishment can be meted, both the student and the teacher can solve it or the whole class can participate in deciding what punishment befits a given misbehavior (Kassem, 2004). This helps in the building of trust between the teacher and the students since the teacher cannot now assume a supervisory role but the learners become individually responsible for their own actions. Importance of language and identity in the classroom Perceptions of a given language or given languages and how such perceptions affect the classroom situation is of essence to the teacher as expounded by Dowdy & Delpit (2008) who say that the visibility of a language is just like the visibility of someone’s skin color. Dowdy & Delpit say that the judgment of a person’s intelligence, class and status can be based on their language. Those who speak Englishes other than the standard or other languages other than English are treated as being inferior. In the classroom, language and what it contributes towards identity is very important and the way to address the problem of inadequacy in one’s beliefs and attitudes is by letting them know that they are not inadequate but just different from the rest (Dowdy & Delpit, 2008). Students need this bit of encouragement since without confidence in themselves and their apparent lack of acceptance derail their performance in studies. The best way to go about this is by incorporating language studies in the curricula which will thus make the students appreciate the diverse languages that might be found in the classroom situation. The students’ home languages should also not be negatively referred to because it will tend to make them reject all that the school offers (Dowdy & Delpit 2008). The assertions made by Dowdy & Delpit imply that language marks the culture from which a student comes from. It further highlights the cognitive and socio-economic position that the student hails from and that the acquisition of the language considered to be of power may help the learner acquires a better social and economic standing. However, the urge to learn a new language is all within the feeling of the student. Whether he/ she learns a new language depends on him / her and not the teacher. This calls for student-centered approach to appeal to the needs of the learner as opposed to the teacher centered approach which the student may find very unpopular and fail to co-operate. The teacher must be ready to induct the learners in understanding the culture that accompany a target language that he/she wants them to understand because language is a microcosm people’s culture. If it is English language that they are being introduced to, then the home-used, formal and the professional forms must be made known to them (Kassem, 2004). Dowdy & Delpit further indicate that there is a clear connection that between identity, race, school success and the language a student speaks. Students of Englishes other than the standard English for example most African Americans have a different view of themselves. Their dilects may one time or another make their teachers, peers or other people in th community to make judgements on their academic capabilities. These writers found out that Afro-American kids do not switch their codes as easily as the others when they enter different environments that require the use of formal or professional language and the teachers have to learn to accept their culture and, through acceptance, these kids will learn to code-switch as easily as other students not from different cultural background. Importance of making connections Research has established that those teachers who show acceptance, support and care to the students are essential in the students’ learning for they create an enabling learning environment. The basic aim of the school as argued by Noddings (1994) is to grow and nurture people who are caring, loving, competent and lovable. Students will only be able to care for themselves and others only if they are cared for. Those teachers who know how to care are good in establishing good relations with the students although caring and making good relations are two different things for caring relations involve an element of mutual understanding and exchange of feelings that result to making of connections thus bringing some bonding between the student and the teacher. To make connections can be very hard since both parties must learn how to accept each others weaknesses and at the same time learning must take place. Most curricula in teacher training do not provide for how to facilitate good relationships between the teacher and the student. There is no provision for interpersonal relationship skills in the curricula making it hard for teachers to foster good relations with the students. Teachers who learn how to replenish their emotions have been found to be enduring even as many leave the teaching profession because of the inability to create enabling environment for student-teacher relationship (Noddings 1994). Generally, caring works in an intrinsic manner so as to establish the right emotions which in turn make the children to appreciate the content in the best way possible. How do we create the intelligence arising from correct student emotions and how can teachers be more caring so as to develop the right emotions hence intelligence in their pupils? Drawing from Gruwell’s example, classroom management, which involves building the right emotions, is not all about seniority in class level and neither is it about handling the best or gifted learners. Gruwell was given the less gifted ninth graders making the school that she taught to have some racial boundaries whereby the group that was favored was recognized and the other students left out. The â€Å"dumber† kids were looked down upon by both the teachers and the parents of the students who were gifted. The less gifted learners tended to be left out even in matters of great importance like access to some resource materials as seen in Gruwell’s case whereby she had to buy some copies of books herself (Gruwell, 2007). Students also need to have a connection between what they learn and their daily lives that is what they learn should have a connection with their real lives. They have to get what they are learning means to them, how it relates to them directly or indirectly (Gruwell, 2007). Information has to be given to them as carefully as possible so as to arouse some interest in them. In the journal entries in the fieldwork by Ulrich, the filing in of the students on the robot activity by the students (Engineering) made the students get excited about the idea. Their going to the geology department made them see things in a different light via practical melting of rocks and so forth. This reinforces the point that information which comes about due to communication is vital in changing the attitudes of the learners and thus making the teaching-learning experience enjoyable to both the teachers and the students. It is important to know the cultural background of the students because it might explain their personalities and thus make the teacher attend to them in a better manner (Lomawaima & McCarthy, 2006). If for instance the learners are asked to write about their families, they are likely to write that which makes them dull or insecure and so on, based on their expectations, feelings and memories. From such, writings, the teacher is able to draw an informed idea on why the students act the way they do which in the long run helps the teacher to assist the learner in the best way possible and help them improve their performance. Building respect in the classroom Respect means a lot to learners at all stages for they all want to be treated by others including teachers just as they would want the students to treat them. Teachers need to know that how they treat their students is exactly how the students will portray their attitudes towards them. This includes being nice to them, treating them equally, avoiding degrading remarks, being gentle and polite, courteous and minding one’s own business. The behavior exuded by the teacher is directly proportional to the respect they are accorded as can be seen in Shobe’s journal (Lomawaima & McCarthy, 2006) on correctional education. Musicians were not identified as being respected by any students from any culture perhaps because of their dressing and other mannerisms while such people as the teachers, parents and nannies were cited as the most respected by varied student. This is the direct result of love and respect that the identified persons showered on the students in addition to the encouragement they gave them in their academics. Encouraging respect can thus be said to be a very important endeavor so as to have an orderly classroom environment. It is the main ingredient in creating an environment in which the learner does not feel threatened but motivated to explore their academics to the highest levels. The learners must respect other learners and the teacher so as to enable progressive learning to take place. This is part of the realm of teaching as opposed to academic work alone because some learners may have the problem of not showing respect to others but do want to be respected by others. This demands teaching of the right way to expect respect from other learners as well as the school community (Gonzalez, 2001). Respect of individual students also entails making them feel accepted despite their differences from the rest. They should be taught that their unique attributes give them an opportunity to contribute what is of value in a special way, a way only capable of being exploited by their kind alone. Many students go to school knowing too well what they want to achieve in their academics meaning that teachers are just but helpers in making them realize their dreams (Gonzalez, 2001). This means that they already have some attitudes as they enter the school either from other schools or from home. Some do not like the school because of waking up early, others do not like academics and some do not like teachers who are not helpful in their teaching especially where they have not understood. This calls for the teacher’s intervention in matters pertaining respect to the students who will find it easier to listen to what they are being taught. They should feel respected which will make them want to learn that which their respectful teacher requires of them. In a diverse classroom situation, building respect can be achieved through literary studies that purpose to bridge the cultural gap among the students and between them and the teacher (Dowdy & Delpit, 2008). English teachers get most challenging moments in choosing the literary materials that are incorporative for a trusting, and respectful classroom environment is possible if only the teacher regards the different cultures in the classroom setting. There should be literary materials that offer different kinds of protagonists who reflect the society and appreciate other cultures while preserving some of the ideals from their cultures. Students’ self-esteem is increased if the literature selected represents varied cultures and that this literature must be taught with acceptance and respect without any form of prejudice. Realistic goals must be set and discussed in the class based on thorough and informed research on the students’ cultural beliefs which might be of influence to their behavior for instance where some cultures require learners to listen to teachings and not air their views (Cummings, 2000). In this way, the teacher will be able to establish the reason for the students’ laid –back attitude and not treat it as impudence which might jeopardize their mutual respect. The teacher, in an environment like this, cannot achieve the objective with ease because he/she has to bring the student to accept that their opinions are valued and anticipated whether correct or wrong. Literature with implicit cultural material for instance pronunciation of the students’ names in correct way and leading the whole class to accept such pronunciations is the inception of respect in that class. In addition to this, the learners should not be asked to voice the opinions or beliefs of their race, culture or gender because there might be some stereotypes that will be raised thus affecting the classroom balance (Noddings, 2004). Should there be a need to speak of other cultures; the students need to be taught how to respond to such culture-sensitive topics so as to be devoid of stereotypes. Different modes of teaching should be adopted for literature with diverse cultural content because the students who are diverse understand the subject of discussion using different modes. They can be seated as individuals or in groups so as to create an interactive environment, told to write on diverse cultural matters and so forth. The use of non-standard English texts which are full of idioms, slang, and so on present challenges to students from diverse background and the teacher therefore needs to avoid them at all costs since the students may feel that their needs have not been respected hence may show unruly behavior towards the teacher (Kassem, 2004). In addition to this, more than one mode of teaching especially literary materials should be adopted since students from diverse cultures may not full read then respond to some literally materials selected. Other ways to improve respect in class include not over-using example from one culture or gender as well as making the assumption that those quiet students do not learn for among the Asians, for instance, keeping silent is a shows respect. Humor that can be subject to a variety of interpretations should be avoided by the teacher and/ or the students because it might not be taken lightly by others thus putting the classroom manager’s respect in a questionable stand (Cummings, 2000). The study of literary materials is vital for showing the richness of the cultures from which the learners hail. Such materials should be carefully chosen so as not to embarrass or isolate some learners from others and worse still put them in doubt of the respect that the teacher and the other learners accord them and their culture. This will in turn define the respect they wish to give back to their fellow students and the teacher. Conclusion From the evaluation of the requisites for an effective teaching –learning process shown in this paper, it is worth concluding that the relationship between the teacher and the learners need to be as warm as possible. The caring and loving attitude, which brings terrific results, should be adopted by teachers. They should also enhance acceptance of the diversity in the classroom by other students so as to build lasting friendships and avoid disrespect which has far-reaching consequences of both teaching and learning. Stereotypical materials and too much focus on one culture, gender, race or individual is detrimental to effective classroom management. References Cummings, C. (2000): Classroom Management Strategies: Baltimore; Alexandria press Dowdy & Delpit (2008): The Skin that We Speak: New York; New Press Gonzalez, N. (2001): I am my Language: Tucson: Arizona University Press Gruwell, E (2007): Teaching with your Heart: New York; Harvard Kassem, C. L (2004): How to Develop a Caring Teacher: New Jersey, Mahwah Publishers Lomawaima, T & McCarthy, L. T (2006): To Remain an Indian: New York: Teachers College Press,