Passage Three
Romeo and Juliet was probably written in 1595, when Shakespeare was a young successful playwright. He had already written comedies and history plays, but had not yet developed his shill in tragedy.
The power of fate is strong to Shakespeare’s play. Chance and evil eventually join to bring tragedy. Chance involves Romeo in a murder, chance prevents a message from reaching Romeo in time, chance brings about a deadly meeting in a cemetery.
Many Elizabethans were followers of astrology(星相术) and believed that the stars could control events. Thus, Romeo and Juliet art referred to as” star-crossed lovers” whose stars doomed(命中注定)them to disaster.
Elizabethans also had a concept of fate in the person of Dame Fortune (命运女神). By spinning her wheel, she could raise the state of a beggar or a lower that of a king. One of the fascinations of Shakespeare is the way in which he put these ideas into the play.
One of the most difficult things to decide about this play is the question of responsibility. Did irresistible fate bring tragedy to Romeo and Juliet, or were they themselves to blame? The fact that this question is not resolved by the author also helps to make Shakespeare’s Romeo and Juliet a fascinating work.
44. According to Para.1, Shakespeare wrote Romeo and Juliet ____.
A when he succeeded in comedy and history plays
B after he had developed his skill in tragedy
C before he wrote comedies and history plays
D when he was no longer young
第1题:
Why was David able to get the job in the company?
A. He had done well in all his exams.
B. He had written some computer programs.
C. He was good at playing computer games.
D. He had learnt to use computers at school.
第2题:
Why was David able to get the job in the company?
A.He had done well in all his exams.
B.He had written some computer programs.
C.He was good at playing computer games.
D.He had learnt to use computers at schoo1.
第3题:
______ his talk when Mary ran out of the lecture hall.
A. Hardly had he begun
B. Hardly he had begun
C. Hardly he has begun
D. He hardly had begun
第4题:
His father had a ________ life when he was young.
A. suffered
B. cruel
C. bitter
D. little
第5题:
When William hurried home, he found that his mother ____already ____to hospital.
A、has; been sent
B、had; sent
C、has; sent
D、had; been sent
第6题:
According to the literary review, Shakespeare his characters live through their language in his plays.
A. will make B. had made C. was making D. makes
第7题:
When __________be was he had become a famous artist.
A.his early thirty
B.in one’S early thirties
C.his early thirties
D.in his early thirties
第8题:
第9题:
Name two of the tragedies written by Shakespeare.
They are Hamlet,Macbeth,Romeo and Juliet.
略
第10题:
Stories that he had heard from friends or chance acquaintances
Stories that he had read about in newspapers or other secondary sources
Stories that came to him in periods of meditation or in dream
Stories that he had lived rather than read about
Hemingway’s obsession for geographic details progressively overshadowed the dramatic element of his stories
第11题:
to me
had written to
him
for buying
第12题:
第13题:
In January 2008 Arti entered in a contractual agreement with Bee Ltd to write a study manual for an international accountancy body’s award. The manual was to cover the period from September 2008 till June 2009, and it was a term of the contract that the text be supplied by 30 June 2008 so that it could be printed in time for September. By 30 May, Arti had not yet started on the text and indeed he had written to Bee Ltd stating that he was too busy to write the text.
Bee Ltd was extremely perturbed by the news, especially as it had acquired the contract to supply all of the
accountancy body’s study manuals and had already incurred extensive preliminary expenses in relation to the publication of the new manual.
Required:
In the context of the law of contract, advise Bee Ltd whether they can take any action against Arti.
(10 marks)
The essential issues to be disentangled from the problem scenario relate to breach of contract and the remedies available for such breach.
There seems to be no doubt that there is a contractual agreement between Arti and Bee Ltd. Normally breach of a contract occurs where one of the parties to the agreement fails to comply, either completely or satisfactorily, with their obligations under it. However, such a definition does not appear to apply in this case as the time has not yet come when Arti has to produce the text. He has merely indicated that he has no intention of doing so. This is an example of the operation of the doctrine of anticipatory breach.
This arises precisely where one party, prior to the actual due date of performance, demonstrates an intention not to perform. their contractual obligations. The intention not to fulfil the contract can be either express or implied.
Express anticipatory breach occurs where a party actually states that they will not perform. their contractual obligations (Hochster v De La Tour (1853)). Implied anticipatory breach occurs where a party carries out some act which makes performance impossible
Omnium Enterprises v Sutherland (1919)).
When anticipatory breach takes place the innocent party can sue for damages immediately on receipt of the notification of the other party’s intention to repudiate the contract, without waiting for the actual contractual date of performance as in Hochster v De La Tour. Alternatively, they can wait until the actual time for performance before taking action. In the latter instance, they are entitled to make preparations for performance, and claim the agreed contract price (White and Carter (Councils) v McGregor (1961)).
It would appear that Arti’s action is clearly an instance of express anticipatory breach and that Bee Ltd has the right either to accept the repudiation immediately or affirm the contract and take action against Arti at the time for performance (Vitol SA v Norelf Ltd (1996)). In any event Arti is bound to complete his contractual promise or suffer the consequences of his breach of contract.
Remedies for breach of contract
(i) Specific performance It will sometimes suit a party to break their contractual obligations, even if they have to pay damages. In such circumstances the court can make an order for specific performance to require the party in breach to complete their part of the contract. However, as specific performance is not available in respect of contracts of employment or personal service Arti cannot be legally required to write the book for Bee Ltd (Ryan v Mutual Tontine Westminster Chambers Association (1893)). This means that the only remedy against Arti lies in the award of damages.
(ii) Damages A breach of contract will result in the innocent party being able to sue for damages.
Bee Ltd, therefore, can sue Bob for damages, but the important issue relates to the extent of such damages.
The estimation of what damages are to be paid by a party in breach of contract can be divided into two parts: remoteness and measure.
Remoteness of damage
The rule in Hadley v Baxendale (1845) states that damages will only be awarded in respect of losses which arise naturally, or which both parties may reasonably be supposed to have contemplated when the contract was made, as a probable result of its breach.
The effect of the first part of the rule in Hadley v Baxendale is that the party in breach is deemed to expect the normal consequences of the breach, whether they actually expected them or not. Under the second part of the rule, however, the party in breach can only be held liable for abnormal consequences where they have actual knowledge that the abnormal consequences might follow (Victoria Laundry Ltd v Newham Industries Ltd (1949)).
Measure of damages
Damages in contract are intended to compensate an injured party for any financial loss sustained as a consequence of another party’s breach. The object is not to punish the party in breach, so the amount of damages awarded can never be greater than the actual loss suffered. The aim is to put the injured party in the same position they would have been in had the contract been properly performed. In order to achieve this end the claimant is placed under a duty to mitigate losses. This means that the injured party has to take all reasonable steps to minimise their loss (Payzu v Saunders (1919)). Although such a duty did not appear to apply in relation to anticipatory breach as decided in White and Carter (Councils) v McGregor (1961)(above).
Applying these rules to the fact situation in the problem it is evident that as Arti has effected an anticipatory breach of his contract with Bee Ltd he will be liable to them for damages suffered as a consequence, if indeed they suffer damage as a result of his breach. As Bee Ltd will be under a duty to mitigate their losses, they will have to commit their best endeavours to find someone else to produce the required text on time. If they can do so at no further cost then they would suffer no loss, but any additional costs in producing the text will have to be borne by Arti.
However, if Bee Ltd is unable to produce the required text on time the situation becomes more complicated.
(i) As regards the profits from the contract to supply the accountancy body with all its text, the issue would be as to whether this was normal profit or amounted to an unexpected gain, as it was not part of Bee Ltd’s normal market when the contract was signed. If Victoria Laundry Ltd v Newham Industries Ltd were to be applied it is unlikely that Bee Ltd would be able to claim that loss of profit from Arti. However, it is equally plausible that the contract was an ordinary commercial one and that Arti would have to recompense Bee Ltd for any losses suffered from its failure to complete contractual performance.
(ii) As for the extensive preliminary expenses Arti would certainly be liable for them, as long as they were in the ordinary course of Bee Ltd’s business and were not excessive (Anglia Television v Reed (1972)).
第14题:
Wolfgang's father told him he couldn't play the piano yet because______.
A. his sister was taking lessons
B. he had to help his mother
C. he was too small
D. he had to wait for his sister to finish practising
第15题:
A、news
B、idea
C、thought
D、report
第16题:
He was very strong. Indeed, people said he had _____ of three men.
A、strength
B、a strength
C、the strength
D、his strength
第17题:
For any Englishman there can never be any discussion as to who is the world's greatest writer. Only one name can possibly suggest itself to him:that of William Shakespeare.
Every Englishman has some knowledge of his work. All of us use words and phrases from Shakespeare's writings that have become a part of the English-speaking people.
Shakespeare, more perhaps than any other writer, made full use of the English language. Most of us use about five thousand words in our normal employment of English; Shakespeare in his works used about twenty-five thousand!
There is probably no better way for a foreigner (or an Englishman!) to appreciate the richness and variety of the English language than by studying the various ways in which Shakespeare uses it. Such a study is well worth the effort (it is not, of course, recommended to beginners), even though some aspects of English usage, and the meaning of many words, have changed since Shakespeare's day.
1). From the first two sentences of the passage we can conclude that ________.
A. it can't be discussed about who is the world's greatest dramatist
B. Shakespeare is regarded as the greatest writer
C. Englishmen like to discuss about who is the world's greatest writer
D. it can't be discussed about who is the world's greatest poet
2). According to the passage many English words and phrases that we use today are from _____.
A. Englishmen
B. English speaking people
C. Shakespeare's works
D. ancient people
3). To learn the richness of the English language, people should ______.
A. write and read more
B. be glad to be a foreigner
C. learn from an English man
D. read Shakespeare's plays
4). The author does not suggest beginners reading Shakespeare's plays probably because _____.
A. only Englishmen can understand his plays
B. some of English usage and the meaning of many words have changed
C. the works are too difficult for a beginner
D. the works are for native speakers
5). In this passage the author wants to _______.
A. tell how great a writer Shakespeare is
B. tell that some aspects of English usage have changed since Shakespeare's day
C. tell that some English words are out of use now
D. show the richness of English language
第18题:
He had writtenten letters to his pen pal.(对划线部分提问)
_________ _________Letters _________he written to his pen pal?
第19题:
第20题:
第21题:
Shakespeare’s plays fall into three categories.They are(),()and history plays.
tragedies;comedies
略
第22题:
第23题:
butterflies in his heart
butterflies in his mind
butterflies in his stomach
butterflies in his spirit