Land law Essay Example | Topics and Well Written Essays - 1250 words - 1

Land law - Essay Example In the current case, Stone Construction Limited is not bound by any covenant that Steve undertook with Joan. Moreover, a covenant can only take effect and be respected if the benefit of the covenant comes to the party bearing the burden of the covenant. Under Austerberry v Oldham Corporation2, any agreement between the covenantor and the covenantee only holds between the original parties and not between successors unless: such stipulations are mentioned in the covenant; such stipulations are passed onto successors with their full knowledge and acceptance. Hence, the burden of a covenant does not pass to the successor through title at common law. The burden can only be passed under equity if: the covenant is negative in effect; covenant benefits the covenantee’s land; the burden of the covenant was designed by the original parties to run with the land3; the succeeding party was provided notice of the covenant at purchase. Given the ruling under Tulk v Moxhay4, it is clear that Hans cannot be provided benefit under equity either since the covenant was not designed to run with the land and the successor, Stone Construction Limited, had not notice of the covenant. However, the burden of a restrictive covenant passes to the successor in title only under equity but not under law. In the current situation, Hans tends to be affected more by equity based rules rather than contract based rules. Under common law, Hans cannot be provided benefit of the covenant since he was not a party to the original contract. Acting in Hans’ favour using a contract law position would signal a disregard for common law so Hans cannot be given advantage. Alternatively, Hans could have been provided some benefit under Section 56(1) of the Land and Property Act (LPA)5 if he were named and described under the original covenant. However, this is not the case since Joan, the covenantee, had failed to describe or name Hans with the original covenantor Steve. On another note, Hans ma y receive some relief under Section 1 of the Contract (Rights of Third Parties) Act6 since Hans stands to benefit from the covenant along with other future land owners. In order to analyse the burden and the benefit of the covenant, it is pertinent to consider equitable rules. The benefit of the covenant could only pass in equity if: benefit of the covenant was attached to Joan’s land; benefit of the covenant was moved through express declaration of Joan to the successor in title Hans; the concerned land was part of a development scheme7. Alternatively, under the decision for P&A Swift Investments v Combined English Stores Group PLC8, it was provided that a covenant may pass at common law in case that the covenant concerns the dominant land so as to benefit any successors and the covenantee personally. However, under the judgement provided under Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board9 using Section 78 of the LPA, it would be necessary to provide or pro ve that Hans’ land is damaged by the actions of Stone Constructio

CONTRACT LAW ASSIGNMENT 3 Essay Example | Topics and Well Written Essays - 1000 words

CONTRACT LAW ASSIGNMENT 3 - Essay Example It also depends upon the liability of the company. Here the company seems to have committed gross negligence resulting in grievous injuries on the customer and also damaged the car to the tune of 1500. Company is liable despite disclaimer notice, because disclaimer notices are mainly for the protection of the person who has placed it and will not stand in the Court of Law. The fact that company has installed car washing machines in its premises providing washing facility to customers is sufficient for the contract between users and company. If disclaimer has legal effect, they the customer will not be able to sue the company. In spite of disclaimer there is an implied contract between the Petrol Company and people who go for car wash, as it is installed in their premises with proper guidance and advertisement and this fact will go in favour of the injured person. Maintaining a definitely faulty washing machine that could break the skull of a customer will not work in favour of the petrol company. In contract, implied terms carry almost as severe legality as written contracts. This is not a very significant area of law any more. Still, conceptually speaking about specific contracts, sometimes we come across contracts where a certain term is used for a specific number of years, for example, rent contracts or employment contracts which run for a certain time, longer than some other contracts. Every term in such contract is rarely specified; but it is implied, understood and it exists. Most of the employment terms are implied because they are based on common sense, natural law and accepted in society. The other category comes under 'giving effect to intention of parties'. This type is more common and regularly used. These terms might not have been mentioned due to careless draftsmanship or inadvertently and usually Court takes it as existing. It adds the terms of implement presuming the intention of the contract parties1. These are the prima facie terms which are too obvious to be stated. Courts acknowledge that if all terms under all circumstances have to be stated, there is no end to terms of contracts and rest of the terms could be implicated if main terms are stipulated. But these terms have to be intended by both the parties2 and not by just one party3. Also there are terms which could be implied by statute and here initial intention of the parties does not matter4. New and old legislation terms could be implied to contracts to protect either one or both the parties. This need not have acceptance of any party and Court could do it independently5. Legislation could be primary or delegated and parties cannot contract out of the implied terms as they become mandatory. These are mainly consumer protection legislations; but need not be always so. New legislations, amendment to the old legislations, revoking of earlier legislations in favour of new legislations all fall into this category. For example: The sales of Good Act and its Amendments. There are certain terms which are inspired by other acts and closely touch the present act also could be added as implied terms according to the circumstances. QUESTION THREE: Contractual attempts to exclude all liability for economic loss are not always

Concepts of change management

Concepts of change management Understanding change management is essential for successful information systems development and implementation in the 21st century Introduction In this assignment work I would like to present the features and concepts of change management and the effect caused in an organisation in the 21st century. I am explaining this through by an organization Infosys Technologies in which I worked after completing my bachelors. After knowing the concept of change management through the lecture and seminar periods, I can say that the change management is very important as I can compare the concept of change management and it is very useful in developing the organisation. Introduction to my Organisation: Infosys Technologies Limited was started in 1981. Today our organization is a worldwide leader of IT and consulting with Overton of over US$ 4 billion. Infosys is defined a delivers and design technology which enabled business solutions .Infosys also provides a complete range of services with leading technology providers. Infosys is Indian based company which is in the top ten business companies. They are a wide range of clients from different sectors as financial, technical, Software and many others. They offer different services they are application services, product engineering, maintenance, testing and validation services, etc. They use Global Delivery Model which is based on the principle of choosing the work place where the talent is best available, where it has least amount of risk and best economic sense. Infosys believe in developing the trust with the communities in which they operate to attain for long period as a corporation. As soon as I completed my B.Tech in the field of Computer science I joined in the courses like Unix and .Net. These courses where completed in about six months of time and I attended the certification exams for these courses as well. After completion of course exams I applied for job interviews and then I got into this company called Infosys as a technical support. Then I got training in communication skills as it is very necessary for the job requirement. Here in the company the person who is responsible for every aspect of the project is manager. The manager should evade all the problems that come within the project and he should be able to get the successful outcome from the given resources. In a project its not only the resources that are important but also the technology in order to run successful organization. Some of the transformational changes are taken by the senior manager so that will be useful in developing the project lifecycle. Because the organization wants to make changes so we can transform from senior management to a transformational leader. Employees were hired who have good skills, communication skills and also who have quality to enter into the project development team. During the training periods the managers will be checking the employees skills and improvement. After few weeks if there is a difference in their performance the employee may be removed from the project and again will be put through training period. Definition of Change Management: The name Change management itself derives as managing the change. Change management is derived as the process, equipment and techniques that are used to manage the change processes of people side. Change management is very important in this competitive world as in every organisation or company change occurs at some point this may occur due to change in technology , working conditions , to achieve the required outputs ,or to compete the competitors etc., By this we can say that change management is very important for a successfully running company or organisation. The levels of changes in the Change Management. They are Alpha Change Beta Change Gamma Change Alpha Change: Alpha change is a gradual incremental planned approach that emerge for a short time and which focuses on a particular point within an company or organisation. Alpha change helps in identifying the objective and delivers the required change. When i was working in a company or organization i had a short time change where i was working on UNIX and on the other side we had an another project which was based on JAVA has been in pending and the deadline was about to come. So, our project manager has assigned some of our project members to the JAVA project. So we had three hours of JAVA training every day and worked hard to finish the project in time. We were successful in delivering the project on time. There was no difficulty in this type of change but the employees must be mentally prepared. Beta Change: Beta change is a gradual incremental emergent approach which develops over a period of time to make the complete change in the organisation. This change is a planned change. Gamma Change: Gamma change is nothing but a transformational and full attempt to create a change in the organisation. This is a high range change. Gamma change involves high risk when compared to alpha and beta change. In this change we cannot expect the output. Lewins Model of Change: This model consists of three stages. They are Unfreezing Changing or Movement Refreeze Unfreezing: Unfreezing is the change where they violate down active ways of doing things, discarding the conventional methods and behaviours patterns and introducing a new methods and behaviours. Education, communication, participating in decision making etc.., is some of the techniques used for unfreezing. Changing or Movement: Change or movement is the change where they move towards the proposed change, where they learn new methodologies. This is the change where problems arise and they tackle it efficiently it is a time of trail and error. Refreezing: Refreezing is making the change permanent. It is the final stage where new concepts become habitual, which includes developing new concepts and establishing new interpersonal relationships. Investigate: Every company or organisation has a strategy .The main duty of this strategy is to find out the strengths and weakness of the company and finding the different solutions. For investigation we have three main models. They are SWOT Analysis PEST Analysis System Model SWOT Analysis: SWOT Analysis was the main analysis for our organisation. SWOT is abbreviated as strengths, weaknesses, opportunities and threats. In our organization the main Strengths were good team management, brand, staff, market position, financial position, services and growing . The weakness of our company was sales channels, lack of new technologies and competitive vulnerability. The opportunities of our company were new complimentary market ,strategic alliances like funding, sales, products, market position for growth and the main threats of our company were the economy, lose of key staff , cash flow, falling sales, decreasing profits etc.. By the SWOT analysis we came to know about the companys Strenghts, weakness, opportunities and threats which helped in improving the companys weak points and work on it more. Pest Analysis: PEST Analysis is abbreviated as Political, Economical , Sociocultural And Technology factors. Political Factors: The political structure of India is stable but there is a hung parliament fear its due to the parliaments unclear majority , the customer projections and the terrorists attacks, the govt. Position on marketing. The government decides whether to give more IT works or not. Economical Factors: The economical factors consist of economy rates, the employee level of per capita. In 2009 our company IT domestic spending of IT is raised by more percentage. The rental has been decreased due to real estate decline. Sociocultural Factor: The sociocultural factors by the word itself derives as the social and cultural .Social and cultural always vary from country to country as it depends on the different criterias like the domain religion, language, customer time, population ,strong and weak opinions etc Technological factors: Technology plays a vital role in competitive advantages and is important of globalization. In our company the technological factors are it uses the low cost technologies and provides modernization challenge and opportunities. System Model: The seven s model is used to know about the company and its accuracy. It mainly has seven elements they are Style Skills Systems Strategy Structure Shared Values Staff From the Above diagram we can see all the seven-s are connected to each other. So if there is any change in a single element it effect all the other elements. Here the first three elements i.e.., the strategy, structure and the systems are the hardware of the organization and rest of all the elements are the software of the organization. Decide: After completion of investigation now we have a clear idea to set some objectives which are used for implementing the change. They are by training the employees in new technologies ,by keeping the goals for the projects individually and motivating the employees by creating the short time wins during the change effort and by planning a get together for the achievements and installing all the new technologies into the system. Enable: Enable is known as the planning stage for implementing the changes and allocate the recourses. It is very important for every organization or a company to know the different phases because if they find any error we can overcome them easily. They are mainly four phases. They are Exploration Phase Planning Phase Action phase Integration phase Exploration Phase: In this phase organisation are consults for better implementations of the modify. There are different types of consultancy. Schein (1987) suggests three important models of consultation. They are Expert Model Doctor Patient Model Process Consultation Model Expert Model: In expert model if a problem arises the model organisation identifies its problem and the consultancy is the expert which gives solution to the organization. According to E H Schein (1985) the boundary of tasks are clearly identified boundary and are highly specific. The type of tasks the expert model applies on technical or task issue and the diagnosis is done by client assumption as the client is right and the consultants do what ever the client tell them. Doctor Patient Model: In doctor patient model the consultant acts as a doctor and the organization as the patient. In this model consultancy diagnose the problem which arise in an organisation and tells the solution to the organisation and the organisation is dependable for applying the solution whether to apply the solution or to find an other solution but they have to track on the solution which was given by the consultancy. According to E H Schein (1985) the margins of task is quite specific but with the potential development depending on what the output is and the tasks which are done by doctor patient model is generally connected with human organizations. Process consultancy model the key role is in between the consultant and the clients trust. The consultant identifies the problem in the organization and gives the solution. In this process we unfreeze the system and then install the new change and when the change is installed successfully then we have to refreeze the system. According to E H Schein (1985) process consultancy model has a very wide potential boundaries and although the consultant comes out with a new problem solution methods this is solved in joined way. The output is very much responsible on both consultant and client so they need to have a high level of trust between them. Planned Phase: After the problem is solved the implementation of the change should be planned. Here in this planned phase the expert plays an important role in the plan of change. In this phase we will know what are the step[s in planning ? And what are the stages involved in planning? The consultant will help the company in each and every phase as if they will not be able to solve the problem then they will go for the help of experts. Action Phase: Only experts are meant to do the actions. They will be involved from the very first stage till the end stage. Integration Phase: The last phase is the integration phase. Each and every company have their own requirements which will be fulfilled in the implementation of the planned and action phases and then the employees will start their work on their projects. The employees will be given targets to reach both individually and group wise. Act: Action is the change which is done by persons only the position of the person may vary from phase to phase. The team leader plays the main role as he is one who guides the team members. Conclusion: I came across all these changes in the management when I worked in the company but then I could not realise what exactly it was. But after coming here for Masters and learning about Change management and systems implementation I came to know that change in an organization plays a vital role. Change is not only needed for the organization but also individually as individually it helps in making a successful life ahead. Change does take time but later it gives successful results that are desired. Finally it is important for the organization to pace up with business needs and to also overcome the competitors. references http://www.uky.edu/~drlane/capstone/health/trans.html http://www.marketingteacher.com/Lessons/lesson_PEST.htm http://www.infosys.com/about/what-we-do/Pages/index.aspx

Essay on Symbolism in Kafkas Metamorphosis -- Kafka Metamorphosis Ess

Symbolism in Franz Kafka's The Metamorphosis    Kafka uses symbolism in his short story, Metamorphosis.   He uses this technique to make the reader try and figure out what was going on in his head.   He brought out in this story many things about his life, including his father/family, love life, and his future.   He used metaphors to show his love for people in his life.   This story is autobiographical about the forces that control Franz Kafka's life.   In this paper I will explain how Kafka relates his life to the readers through the story in Metamorphosis.     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Franz Kafka had trouble at home with his father.   His father wanted him to become a lawyer, but Franz did not want to be a lawyer, he wanted to be a writer.   He went to law school against his will, because his father wanted him to go there.   He then took a high paying position with the government of Czechoslovakia in an insurance post.   In the story, Gregor?s father had very little respect for him, and Gregor had to work to pay off the family debts.   That is an example of Gregor?s father?s control over his life and Kafka?s situation was similar.   He eventually was forced to become a lawyer, whereas what Kafka wanted was a literary degree.     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Franz Kafka made his character, Gregor, transform into an insect in the story.   Nobody wants to associate themselves with an insect, which is a lowly creature, a pest, or nuisance.   This symbolizes Kafka?s depression and his poor self image.   Since his family treats the insect like an outcast, that must be how Franz felt about the treatment that his own family gave him.   It showed the control that his father put on him.   He was not allowed to leave his room.   Gregor?s parents were so afraid to take... ...   After Gregor dies, at the end of the story, his parents notice that his sister has grown up into a beautiful woman and they feel that it is time for her to get married.   This means that they used Gregor as the pawn who went out and supported them.   Now that his sister is grown up they can force her into marrying a rich man.   Then they would be well off for a long time to come.   They can now control the daughter like they did Gregor.   Grete?s new husband can support the whole family.   Once she is married, she too will then become a pawn, a victim of her parents control.  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The main theme of the story is the effect of other?s control on a person such as his relationship with his father, and how his father for controlled his life.   He realized that he was his own person when he could escape from his father?s control, even if the only escape was death.

Tma B322

Question 1 A) Innovation is about finding new or better method of making something, a product or a service. Innovations are born due to several reasons . Peter Drucker has outlined seven sources of innovative chances or opportunities . I am going to identify them below. 1. Unexpected happenings, as a sudden event that can be a indication of a distinctive chance for innovating or entrepreneurship. 2. Incongruity, as the divergence between what everyone think of a thing and the reality of it , this difference can create an innovation. 3. Innovation born when a new process is needed is a chance to fill the gap and create something new. . Changes happened to the industry structure can be a possibility for an innovative product to pop out 5. Demographics change such as population size, employment level and income ranges. 6. Perception variation along with mood and meaning of general assumptions can form an innovation. 7. New knowledge acquired based on fresh advances in scientific and tec hnological fields can produce new goods to the market. [Tetteh,2008] Gary was a risk taker, his innovations were the result of unexpected happenings that combined with his great mind generated new and interesting products.It is said that his first step of being innovative and risky was an end result after reading a newspaper ad about the availability of large quantities of powder soap. He evaluate the news as a great one since the countries was just getting out of a war state and people will find this product pretty attiring. This unexpected happening has made Gary a deal that created a tiny wealth of a 30,000$ at that time when he contacted the right people and informed them about his product and made the sale from scratch. Word count: 288? B)According to Schumpeter, innovation is the process of introducing new products in addition to techniques to the market. These products need to be new or radically improved. Schumpeter identified five types of possible innovation: 1. Producing new kinds of goods or modifying the of attributes of the existing ones. 2. Introducing new way of production which might be based on innovative technical and scientific findings. 3. opening new market 4. Using new resources and raw materials in the inputs. 5. new organization of production and industry .What Gary has done is finding products and making them more attractive by adding some options or features to them, what he said about his products is that there are normal products with a twist. This twist can be new look or design or new attributes added to them. We can see that Gary’s type of innovation is product innovation, which consists of changing a feature or a look of an available product. Furthermore, Gary as an adventurer has introduced new products from toys and other amusing stuff to the market.For example: the plastic farm of ants , the spud gun and the fly cake which have made great successes and rewards. For instance, he released balloons that were designed as giant animals , this change in the look of the balloons attracted people and made them buy them in huge quantities . Mixing his original ideas with the product that is presented have resulted in new product that is a real money maker. Word count: 251? Question 2 A) Gary as shown in the case is a very successful entrepreneur.He combined great traits of successful and honored men in the business world. Gary was a normal person who hasn’t a degree in business but what he has is the idea and the initiative to take this idea to the last level and making it worthwhile. He has marketing skills, he knew what attract customers and also he knew how to convince people to buy his products that were not ordinary products, but with his skills and creativity he changed the actual product and made it more appealing in the addition of the fun part for ex: animal look balloons and plastic ant farm.Gary forever looked for high accomplishments and wanted to achieve his dream to be a millionaire from the beginning and he reached his goal. [Davison,2008] Being an ambitious person who is to a great extent motivated towards success, knew how stay focused and identify the opportunity when he sees it as he did when reading the soap powder availability in the market and took risk to make his first great sale, that showed how clever he was by perceiving this opportunity and evaluating it to decide that it will be a great offer for people after the war.Having the mental ability to think in an intelligent and creative way for doing all kinds of business while keeping his eyes on the objective and not losing the energy however remaining persistent to take risks and new challenges by introducing high number of innovative products to the market without fear of failure are the reason behind the enormous success of this inspirational entrepreneur. Word count: 276 ? B) An entrepreneur is a person who has the potential to do something different.Being an entrepreneur is about having the rig ht skills and the right idea along with the right experience and in the end being able to generate a totally unique innovation Gary as an entrepreneur is a risk taking individual who enjoys taking the chances and entering uncertain situations to do business. Many characteristics that he owned helped him be the entrepreneur he is now. The many experiences he has from his childhood, in hi father grocery’s store and the experience he gained in the army and combining them all together taught him that being risky can be quite fun and very profitable.Furthermore, having an idea and staying focused on the goal of making that idea an innovative creation next to realizing good opportunities and chances for a fresh venture were strengths for Gary and reason behind his success. Having the potential is about generating ventures and succeeding from scratch, the entrepreneur is innovative and inventive and knows how to develop his ideas and turn it into a success and money. Gary is self co nfident and multi-skilled, he didn’t focus on one field for business, and his interest was in marketing.He still remained confident when he faced of difficulties and failures and discouraging circumstances. Gary gathered in his personality the potential to be a successful entrepreneur. The risky trait, the experience, the intelligence, the initiative, the creativity, the know-how, the complete commitment and dedication to achieve his objectives. Word count: 252 ? Question 3 Innovation is spreading vey fast in the economic world.Innovation permits nations and countries to grow rapidly better than cultures that aren’t adopting innovation. Acquiring ideas of technological and innovation is actuality important for achieving organization’s competitive advantage. Everett roger has discussed the importance of customers adopting and using innovation, since customers are the most vital part of the business process. That is what the purchasing pathway network that include s several stages of introducing the products until the consumer purchase them .The purchasing network perspective got great interest from different business people, among managers, consultants, and decision makers are aiming to promote the innovative capability for organizations. Firstly innovators asses what is needed and wanted under the competitive pressure and the need to produce different products. After that it comes releasing the product, making the ads for it to attract new customers and position the image of the product in the mind of customers to make them move and buy the product. Mankin, E 2007] People are divided into several levels of innovation adoption , some of them are innovators who like to purchase the product first, and then comes the later adopters who wait for another people to try the product before them because they fear it will not satisfy them for example purchasing an iphone The purchasing pathway network is greatly advised for organization or firms when designing a project since the innovator need to know that people’s perception of the innovative product differ where there is a crucial need to identify different users adoption behavior.Word count: 255 Question 4 The six markets model illustrates the view of where the marketing of goods can be applied. The six domains appearing above are the ones that organizations direct their marketing strategies by. Those markets are: the referral market where the organization has good communication links with some experts and professionals in business world who can recommend others regarding purchasing products and other decisions. The supplier markets, recruitments markets, influence markets and internal markets or employees.For example The Word of mouth communication can be recognized as a valuable method in the marketing mix. Each of these interactions must be managed with a strategic plan. Gary’s marketing activities were shown firstly when he marketed the powder soap from the supplier market and offered them for people he already met (referral market) and he succeeding in making the deal . Then he used the mail-order business and published an ad in the newspaper, and customers saw the ad and were attracted by it (customer market). He introduced also new products in national trade fairs also considered as customers market.He has set up a billboard next to his house that declared the image and the marketing intelligence he had. Big companies and executives were attired by the billboard and became known among businessmen. Moreover, Gary has published two books that showed his knowing in promoting his experiences and stories to his students( internal markets). SO we can see that Gary has used the whole framework of the six markets in his business life. That helped him becoming successful and a winner in the entrepreneurship and marketing world.Word count: 263 ? References Davison, ED 2008, ‘Social Entrepreneurship', Social Entrepreneurship — Re search Starters Business, p. 1, Research Starters – Business, EBSCOhost, viewed 7 May 2012. Mankin, E 2007, ‘Measuring Innovation Performance', Research Technology Management, 50, 6, pp. 5-7, Research Starters – Business, EBSCOhost, viewed 7 May 2012. Tetteh, VA 2008, ‘Entrepreneurship & Business Planning', Entrepreneurship & Business Planning — Research Starters Business, p. 1, Research Starters – Business, EBSCOhost, viewed 7 May 2012.

Fate vs Free will in Macbeth Essay

The tragedy of Macbeth, written by William Shakespeare in the 1600s, continues to be one of Shakespeare’s darkest, most powerful tragedies. The play, set in Scotland, depicts the rise and fall of King Macbeth. It explores whether Macbeth was in charge of his own destiny in his quest for power, or under the control of others surrounding him. The play examines many themes, especially those concerning evil. A prominent theme in Macbeth is fate vs freewill. Is it fate, or free will which determines the rise and fall of Macbeth? The rise of Macbeth begins with him running into three witches on his way home from a battle. The witches prophesised that he would become King. This is one of the factors that contributed to Macbeth’s belief that he should become King. Another factor was his wife, Lady Macbeth, encouraging him to fulfil the prophecy right away by killing the current king, King Duncan. Although these factors may have contributed to Macbeth’s actions, he remain ed capable of making his own choices. The witches, or the weird sisters, in Macbeth represent fate. There are several variations on how weird is spelt throughout the play’s stage directions, such as weyard, and wayward. In Shakespeare’s time, this meant fate, or fateful. In the visual representation, Macbeth is depicted in the centre with a witch whispering into his left ear, and Lady Macbeth whispering into his right ear. This symbolises how Macbeth was being treated like a puppet by both the witches, and by Lady Macbeth. It shows how Macbeth was influenced by their words, although he could have chosen to ignore them and make his own decisions. The witches represent fate, and Lady Macbeth a controlling influence in his life. These 2 people are included in the visual representation because they are the main influences in the tragedy of Macbeth. Macbeth, in the middle, represents the way in which Lady Macbeth and the witches are influencing him. Macbeth’s serious expression is representative of how he feels in Act 1, Scene 3, where he is torn between fate, and h is own free will. Dark colours are used to provide an image of the play – it is not bright and happy. It is a dark tragedy. Macbeth states in Act 1, Scene 3, â€Å"present fears are less than horrible imaginings, my thought, whose murder yet is but fantastical, shakes so my single state of man that function, is smothered in surmise, and nothing is, but what is not.† In this scene, he is trying to make sense of his thoughts –  Shakespeare represents this through soliloquy. He is talking about how Duncan’s murder is just a fantasy right now. This is before Lady Macbeth can even bring up the murder. This quote is shown in the visual representation, as it shows Macbeth is thinking about murder based on what the witches said, even before the influence of Lady Macbeth. Neither the witches, nor Lady Macbeth, could force Macbeth to kill Duncan. Macbeth had thoughts of murder before talking to Lady Macbeth, showing that the witches awakened his ambition to become king. They could only use their words to manipulate him, this is indicated in the visual, through the quotes which relate to their manipulation of Macbeth. â€Å"All hail, Macbeth, thou shalt be king hereafter!† – This quote, from one of the witches represents the start of Macbeth’s rise to power – this triggers Macbeth to think about killing King Duncan. This is represented in the visual representation as it is a key quote from the witches. In Act 1, the witches appear in front of Macbeth and Banquo, the best friend of Macbeth. They represent fate, although it is unclear if they really can control Macbeth’s fate, or have any powers at all. They make three predictions for Macbeth, one that that he will be Thane of Cawdor, secondly that he will be King, and thirdly that Banquo’s sons will become King. When Macbeth reflects on the predictions, he starts to feel that he may need to kill King Duncan to become King, but hopes it will come about by fate or chance instead. The predictions shown in the visual representation are an example of Macbeth reflecting upon them. â€Å"Whose horrid image doth u nfix my hair, and make my seated heart knock at my ribs† This was said before he murdered King Duncan, and shows the guilt he was feeling for even thinking about murder. If it was his fate to kill, he would not have felt so uncomfortable about it. This is a direct example of Macbeth’s free will, and is represented in the visual representation with the out of order quotes, and Macbeth’s unfixed hair. The quotes placed around the visual representation show all the words that may have been echoing around his head, influencing him and pressuring him. The words from others helped contribute to Macbeth’s madness. â€Å"If chance will have me King, why chance may crown me, without my stir.† – Macbeth is unsure about killing King Duncan, for good reason – the witches never fated him to kill Duncan. This is an example of his free will. It is hard for Macbeth to decide what he wants to do with all of the pressure, although he does not  have to succumb to it. The witches never stated that Macbeth would need to kill King Duncan to become king, that idea was completely his own. Macbeth states in the above quote from the play that if it really is fate, it will come about by chance. From the beginn ing, Macbeth kept his own free will, even though he was influenced by others. After learning of the witches’ prophecies, Macbeth makes the mistake of writing a letter to Lady Macbeth, telling her about the encounter with the witches, in detail. Lady Macbeth becomes excited, about being Queen, about having power. She wants Duncan dead, so she can be queen. In many ways Lady Macbeth is more power hungry than Macbeth. In Act 1, scene 7, she murmurs to herself that she knows Macbeth is ambitious, and wants power, but fears that he is too full of ‘the milk of human kindness’ to kill Duncan and become King. She begs to be ‘unsexed’ so she can do it herself, but knows that it will not happen. â€Å"†¦Unsex me here! And fill me from the crown to the toe top-full of direst cruelty!† She wishes to lose her feminine characteristics, so that she can kill King Duncan. It seems that Lady Macbeth is more influenced by the witches’ prophecies than Macbeth is. She decides to convince Macbeth to seize the crown. She cannot fate Macbeth to kill the king, but she can encourage his free will, and pressure him into it. She bullies him into it, calling him a coward, and telling him that he is less of a man. In many ways, Lady Macbeth manipulates Macbeth, she influences his decision in a dramatic way, and contributes to Macbeth’s rise, and ultimate fall, as King. The dark colours used in the visual representation show that Macbeth’s morals, and values disappeared, thus making his mind a dark place. â€Å"And to be more than what you were, you would be so much more the man† â€Å"What beast was’t then? That made you break this enterprise to me?† These quotes are represented in the visual representation as they represent the pressure Lady Macbeth is putting onto Macbeth. She appeals to his conscience by telling him that he promised her that he would be King, and now he’s broken that promise. Although the witches never told Macbeth that he had to kill Duncan to become King, Lady Macbeth encourages this idea, and pressures Macbeth into it. Macbeth becomes convinced that he should kill King Duncan, after Lady Macbeth assures him that he cannot fail, b ecause Duncan is asleep. Lady Macbeth may have bullied Macbeth into killing King Duncan, but she cannot be blamed for the rise and fall of Macbeth. He knows what the  consequences of his actions will be, but does it anyway, out of his own free will. Macbeth succumbs to the pressure, and influence from Lady Macbeth and the witches. He loses himself momentarily. Macbeth murders King Duncan with a dagger in Act 1, Scene 8. After the murder, we see that Macbeth has a conscience. He expresses guilt and stress about his actions. If he was under the control of fate, he would not feel such guilt as he would know his actions were not of his own making. It is clear that Macbeth realises his actions were made from his own free will. Macbeth allows influences of evil into his life. The witches, and Lady Macbeth push Macbeth towards murder.. The witches tell Macbeth 3 things, he will be thane of Glamis, and Cawdor, and he will be King. The prediction that Macbeth would be thane of Cawdor is true, leading Macbeth to believe he will become King. The witches do suggest that he will become king, but it is Macbeth who produces the idea of murde r. The witches never told him that he must kill to become King, or have power. This is shown in the visual representation through the presence of a witch – and Lady Macbeth. Quotes are included to provide an example of their pressure/influence on Macbeth. The thought of murder cannot be blamed on the witches, or Lady Macbeth, even though she encouraged it. It was Macbeth who first thought of murdering King Duncan, thus proving that the murder was as a result of his own free will. Although Macbeth is stricken with guilt after murdering Duncan, he does not learn from his mistake. He continues, hiring two murderers to kill Fleance and Banquo, proving that Macbeth is led by his own free will. Was Macbeth a victim of fate? Or did he fall under the pressure of his wife, Lady Macbeth? It is possible that Macbeth already had murderous ambitions, but the witches awakened it. The witches did not instruct Macbeth to murder king Duncan, but motivated him by letting him believe his fate was sealed. Macbeth succumbs to pressure from Lady Macbeth, but his actions were all of his own free will.