Tuesday, December 31, 2019

The Adventures of Huckleberry Finn Impact on American Literature - Free Essay Example

Sample details Pages: 3 Words: 930 Downloads: 7 Date added: 2019/05/18 Category Literature Essay Level High school Tags: Huckleberry Finn Essay Mark Twain Essay Did you like this example? We have many important works in American Literature that have long been a part of our standard materials in the school curriculum. The Adventures of Huckleberry Finn by Mark Twain is one of the most famous, well written, and controversial works in American Literature. Lionel Trifling and T.S. Don’t waste time! Our writers will create an original "The Adventures of Huckleberry Finn: Impact on American Literature" essay for you Create order Elliot were greatly influential in ensuring that Huckleberry Finn would have the academic acknowledgment and support to be admitted into the American classrooms (PBS.org). However, unlike other great works of literature, there has been a long-standing debate about the appropriateness of its contents being taught in our schools and its availability in our libraries. There were many critics who demanded that this work is removed from libraries and schools because of its use of the word nigger and its stereotypical portraits of blacks as superstitious and unintelligent (King, 2018). I am opposed to this demand because we need to have this conversation at an early age in an environment that foster active learning, discussions, and open-mindedness. In 1998, a high school district in Arizona was sued by Kathy Monteiro to ban The Adventures of Huckleberry Finn by Mark Twain, along with A Rose for Emily by William Faulkner from the students required reading materials. She claimed that it creates a hostile environment because it has a derogatory word that is repeatedly used in the novel. The judges declined the ban of the novel but gave the school districts the legal duty to take the responsibility of ensuring that this does not create a racially hostile environment (PBS.org). I agree with the judges decision after all this is not the only required reading material that has offensive words. There are many regional writings in the canon of our American literature in similar tone and themes to this novel. Where indeed do we draw the line of which ones are appropriate and acceptable and which are not? We all have different views, experiences, and degrees of acceptance and/or tolerance. The message about race and slavery in this novel is very important. It is central to the story and should be taught in school. I concur with the courts reasoning, the fact that a student is required to read a book does not mean that those students will accept the views presented in such a book. Furthermore, the Court states that it is important for the student to learn and think critically about offensive ideas to be able to develop their critical thinking skills (crin.org). As difficult as it is to read this novel for many people especially the African Americans, we need to take into consideration that Mark Twain intended for this novel to be an authentic representation of the treatment, attitude, and mentality of the Southerners and slaves during that time period. Before slavery was abolished in 1865, with the exception of Louisiana, all Southern states by law can legally own slaves. In 1841, Solomon Northup, a free black man from New York was kidnapped and sold to slavery in the South. After he regained his freedom, he wrote about his experiences and one in particular passage stood out, Freeman [the white slave broker] would make us hold up our heads, walk briskly back and forth, while customers would feel of our heads and arms and bodies, turn us about, ask us what we could do, make us open our mouths and show our teeth Sometimes a man or woman was taken back to the small house in the yard, stripped, and inspected more minutely. Scars upon a slaves back were considered evidence of a rebellious or unruly spirit and hurt his sale (crf-usa.org, 2018). This is just one account among many that slaves were treated as personal property to be bought, used, and sold like an object. For slave masters to refer to their slaves as the word nigger was common and unremarkable. It is no wonder that in the novel Hucks vocabulary was littered with the use of the aforementioned word. Hucks use of the word did not seem abusive, malicious, evil, or offensive when taken into the context of the novel. Mark Twains novel is an account of that time. It is not meant to cause psychological damage or to inflict pain. This is a regional writing that documents the regions time period including dialect and the inferior treatments of the slaves. I would argue that we need this novel to stay in our libraries and schools for the betterment of our society and culture. There are immense values to be gained by reading, learning, discussing, and understanding The Adventures of Huckleberry Finn by Mark Twain in our schools in its entirety. Yes, even the use of the word nigger and its stereotypical portraits of blacks as superstitious and unintelligent. There can be no healing without understanding. This work is a glimpsed of our history remarkably captured by Mark Twain. It is a realistic portrayal of the characters during that time. Jim was a slave deprived of human dignity and education, but it did not mean that he was not intelligent. Hucks excessive use of the word nigger was a product of his upbringing and environment. The Adventures of Huckleberry Finn should continue to be a part of the required reading materials in our school curriculum to teach students to look past the distraction of the negativity and find the deeper mea ning and message imparted by two unlikely friends on their journey to seek their freedom and exposed the hypocrisy of the society and in the process the students can gain valuable lessons in critical thinking and race relations.

Monday, December 23, 2019

First Year Of College Reflection - 855 Words

First Year in College Reflection Coming into BG I already felt at home because to me this was a school that my family has learned and lived at. I came in switching my major upon my soar date and I was hesitant to what Telecommunications meant to me. My first basic TCOM class was with Dr. Busselle teaching a history of telecommunications. With that point alone I was set on my major and confident. Making friends was a whole different matter within the first couple weeks of school. I actually did not have a roommate coming into school, and that made it rather difficult. Thankfully I am part of the global village learning community and that let us move in a day early to campus. With that underway I was able to make several connects but I didn’t find a close friend till about three weeks later. Starting off the way I did I wanted to join a group that I could meet people through so I chose hall council and resident student association. Through all of the groups and the learning community that I was in I found myself more included with all of the events and dinners I was invited to. The more I participated in these events the more included we all became. Take hall council for example, hall council was a wonderful way to engage all students in the residence hall. We have put on several successful events within hall council I’d say the most prominent would have been our glow in the dark capture the flag. Even RSA put on casino night within the first 3 weeks of school. All of theShow MoreRelatedReflection On My First Year Of College801 Words   |  4 Pagesbeing. It is through reflection that one will become more self-aware of what potential problems could develop. I find myself disquieted with the complexity of honest reflection and revealing truths about myself that ar e uncomfortable in accepting. Question 2 invites reflection upon how I frequently regret transferring after my first year of college. 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The College Survival Guide Project will be graded on the on completeness, professionalism, originality, presentation and on-time submission. Each student will work individually and collectively to complete this project. Students will be responsible for a interviewing various IU East faculty and/or staff person. Over the next few weeks we willRead MoreChapel Attendance : Chapel, Chapel Analysis, And Worship Reflection894 Words   |  4 PagesAttendance†, â€Å"Chapel Analysis,† and â€Å"Worship reflection.† Chapel attendance criteria is composed with seven questions that asks of a student’s consistency in chapel attendance as Kuyper College does not require students from attending chapels. As a result, Kuyper College chapel struggled through its attendance rate at year 2014, recording lowest number of approximately 15 people or less out of around 250 student body. 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Saturday, December 14, 2019

My Lord the Baby †a Story by Rabindra Nath Tagore on the Case of Rai Charann Free Essays

string(79) " carrying them back in the end of his cloth, with his face wreathed in smiles\." I Raicharan was twelve years old when he came as a servant to his master’s house. He belonged to the same caste as his master, and was given his master’s little son to nurse. As time went on the boy left Raicharan’s arms to go to school. We will write a custom essay sample on My Lord the Baby – a Story by Rabindra Nath Tagore on the Case of Rai Charann or any similar topic only for you Order Now From school he went on to college, and after college he entered the judicial service. Always, until he married, Raicharan was his sole attendant. But, when a mistress came into the house, Raicharan found two masters instead of one. All his former influence passed to the new mistress. This was compensated for by a fresh arrival. Anukul had a son born to him, and Raicharan by his unsparing attentions soon got a complete hold over the child. He used to toss him up in his arms, call to him in absurd baby language, put his face close to the baby’s and draw it away again with a grin. Presently the child was able to crawl and cross the doorway. When Raicharan went to catch him, he would scream with mischievous laughter and make for safety. Raicharan was amazed at the profound skill and exact judgment the baby showed when pursued. He would say to his mistress with a look of awe and mystery: â€Å"Your son will be a judge some day. † New wonders came in their turn. When the baby began to toddle, that was to Raicharan an epoch in human history. When he called his father Ba-ba and his mother Ma-ma and Raicharan Chan-na, then Raicharan’s ecstasy knew no bounds. He went out to tell the news to all the world. After a while Raicharan was asked to show his ingenuity in other ways. He had, for instance, to play the part of a horse, holding the reins between his teeth and prancing with his feet. He had also to wrestle with his little charge, and if he could not, by a wrestler’s trick, fall on his back defeated at the end, a great outcry was certain. About this time Anukul was transferred to a district on the banks of the Padma. On his way through Calcutta he bought his son a little go-cart. He bought him also a yellow satin waistcoat, a gold-laced cap, and some gold bracelets and anklets. Raicharan was wont to take these out, and put them on his little charge with ceremonial pride, whenever they went for a walk. Then came the rainy season, and day after day the rain poured down in torrents. The hungry river, like an enormous serpent, swallowed down terraces, villages, cornfields, and covered with its flood the tall grasses and wild casuarinas on the sand-banks. From time to time there was a deep thud, as the river-banks crumbled. The unceasing roar of the rain current could be beard from far away. Masses of foam, carried swiftly past, proved to the eye the swiftness of the stream. One afternoon the rain cleared. It was cloudy, but cool and bright. Raicharan’s little despot did not want to stay in on such a fine afternoon. His lordship climbed into the go-cart. Raicharan, between the shafts, dragged him slowly along till he reached the rice-fields on the banks of the river. There was no one in the fields, and no boat on the stream. Across the water, on the farther side, the clouds were rifted in the west. The silent ceremonial of the setting sun was revealed in all its glowing splendour. In the midst of that stillness the child, all of a sudden, pointed with his finger in front of him and cried: â€Å"Chan-nal Pitty fow. † Close by on a mud-flat stood a large Kadamba tree in full flower. My lord, the baby, looked at it with greedy eyes, and Raicharan knew his meaning. Only a short time before he had made, out of these very flower balls, a small go-cart; and the child had been so entirely happy dragging it about with a string, that for the whole day Raicharan was not made to put on the reins at all. He was promoted from a horse into a groom. But Raicharan had no wish that evening to go splashing knee-deep through the mud to reach the flowers. So he quickly pointed his finger in the opposite direction, calling out: â€Å"Oh, look, baby, look! Look at the bird. † And with all sorts of curious noises he pushed the go-cart rapidly away from the tree. But a child, destined to be a judge, cannot be put off so easily. And besides, there was at the time nothing to attract his eyes. And you cannot keep up for ever the pretence of an imaginary bird. The little Master’s mind was made up, and Raicharan was at his wits’ end. â€Å"Very well, baby,† he said at last, â€Å"you sit still in the cart, and I’ll go and get you the pretty flower. Only mind you don’t go near the water. † As he said this, he made his legs bare to the knee, and waded through the oozing mud towards the tree. The moment Raicharan had gone, his little Master went off at racing speed to the forbidden water. The baby saw the river rushing by, splashing and gurgling as it went. It seemed as though the disobedient wavelets themselves were running away from some greater Raicharan with the laughter of a thousand children. At the sight of their mischief, the heart of the human child grew excited and restless. He got down stealthily from the go-cart and toddled off towards the river. On his way he picked up a small stick, and leant over the bank of the stream pretending to fish. The mischievous fairies of the river with their mysterious voices seemed inviting him into their play-house. Raicharan had plucked a handful of flowers from the tree, and was carrying them back in the end of his cloth, with his face wreathed in smiles. You read "My Lord the Baby – a Story by Rabindra Nath Tagore on the Case of Rai Charann" in category "Papers" But when he reached the go-cart, there was no one there. He looked on all sides and there was no one there. He looked back at the cart and there was no one there. In that first terrible moment his blood froze within him. Before his eyes the whole universe swam round like a dark mist. From the depth of his broken heart he gave one piercing cry; â€Å"Master, Master, little Master. † But no voice answered â€Å"Chan-na. † No child laughed mischievously back; no scream of baby delight welcomed his return. Only the river ran on, with its splashing, gurgling noise as before,–as though it knew nothing at all, and had no time to attend to such a tiny human event as the death of a child. As the evening passed by Raicharan’s mistress became very anxious. She sent men out on all sides to search. They went with lanterns in their hands, and reached at last the banks of the Padma. There they found Raicharan rushing up and down the fields, like a stormy wind, shouting the cry of despair: â€Å"Master, Master, little Master! † When they got Raicharan home at last, he fell prostrate at his mistress’s feet. They shook him, and questioned him, and asked him repeatedly where he had left the child; but all he could say was, that he knew nothing. Though every one held the opinion that the Padma had swallowed the child, there was a lurking doubt left in the mind. For a band of gipsies had been noticed outside the village that afternoon, and some suspicion rested on them. The mother went so far in her wild grief as to think it possible that Raicharan himself had stolen the child. She called him aside with piteous entreaty and said: â€Å"Raicharan, give me back my baby. Oh ! ive me back my child. Take from me any money you ask, but give me back my child! † Raicharan only beat his forehead in reply. His mistress ordered him out of the house. Artukul tried to reason his wife out of this wholly unjust suspicion: â€Å"Why on earth,† he said, â€Å"should he commit such a crime as that? † The mother only replied: â€Å"The baby had gold ornaments on his body. Who knows? â₠¬  It was impossible to reason with her after that. II Raicharan went back to his own village. Up to this time he had had no son, and there was no hope that any child would now be born to him. But it came about before the end of a year that his wife gave birth to a son and died. All overwhelming resentment at first grew up in Raicharan’s heart at the sight of this new baby. At the back of his mind was resentful suspicion that it had come as a usurper in place of the little Master. He also thought it would be a grave offence to be happy with a son of his own after what had happened to his master’s little child. Indeed, if it had not been for a widowed sister, who mothered the new baby, it would not have lived long. But a change gradually came over Raicharan’s mind. A wonderful thing happened. This new baby in turn began to crawl about, and cross the doorway with mischief in its face. It also showed an amusing cleverness in making its escape to safety. Its voice, its sounds of laughter and tears, its gestures, were those of the little Master. On some days, when Raicharan listened to its crying, his heart suddenly began thumping wildly against his ribs, and it seemed to him that his former little Master was crying somewhere in the unknown land of death because he had lost his Chan-na. Phailna (for that was the name Raicharan’s sister gave to the new baby) soon began to talk. It learnt to say Ba-ba and Ma-ma with a baby accent. When Raicharan heard those familiar sounds the mystery suddenly became clear. The little Master could not cast off the spell of his Chan-na, and therefore he had been reborn in his own house. The arguments in favour of this were, to Raicharan, altogether beyond dispute: (i. ) The new baby was born soon after his little master’s death. (ii. ) His wife could never have accumulated such merit as to give birth to a son in middle age. (iii. ) The new baby walked with a toddle and called out Ba-ba and Ma- ma. There was no sign lacking which marked out the future judge. Then suddenly Raicharan remembered that terrible accusation of the mother. â€Å"Ah,† he said to himself with amazement, â€Å"the mother’s heart was right. She knew I had stolen her child. † When once he had come to this conclusion, he was filled with remorse for his past neglect. He now gave himself over, body and soul, to the new baby, and became its devoted attendant. He began to bring it up, as if it were the son of a rich man. He bought a go-cart, a yellow satin waistcoat, and a gold- embroidered cap. He melted down the ornaments of his dead wife, and made gold bangles and anklets. He refused to let the little child play with any one of the neighbourhood, and became himself its sole companion day and night. As the baby grew up to boyhood, he was so petted and spoilt and clad in such finery that the village children would call him â€Å"Your Lordship,† and jeer at him; and older people regarded Raicharan as unaccountably crazy about the child. At last the time came for the boy to go to school. Raicharan sold his small piece of land, and went to Calcutta. There he got employment with great difficulty as a servant, and sent Phailna to school. He spared no pains to give him the best education, the best clothes, the best food. Meanwhile he lived himself on a mere handful of rice, and would say in secret: â€Å"Ah! my little Master, my dear little Master, you loved me so much that you came back to my house. You shall never suffer from any neglect of mine. † Twelve years passed away in this manner. The boy was able to read and write well. He was bright and healthy and good-looking. He paid a great deal of attention to his personal appearance, and was specially careful in parting his hair. He was inclined to extravagance and finery, and spent money freely. He could never quite look on Raicharan as a father, because, though fatherly in affection, he had the manner of a servant. A further fault was this, that Raicharan kept secret from every one that himself was the father of the child. The students of the hostel, where Phailna was a boarder, were greatly amused by Raicharan’s country manners, and I have to confess that behind his father’s back Phailna joined in their fun. But, in the bottom of their hearts, all the students loved the innocent and tender-hearted old man, and Phailna was very fond of him also. But, as I have said before, he loved him with a kind of condescension. Raicharan grew older and older, and his employer was continually finding fault with him for his incompetent work. He had been starving himself for the boy’s sake. So he had grown physically weak, and no longer up to his work. He would forget things, and his mind became dull and stupid. But his employer expected a full servant’s work out of him, and would not brook excuses. The money that Raicharan had brought with him from the sale of his land was exhausted. The boy was continually grumbling about his clothes, and asking for more money. Raicharan made up his mind. He gave up the situation where he was working as a servant, and left some money with Phailna and said: â€Å"I have some business to do at home in my village, and shall be back soon. † He went off at once to Baraset where Anukul was magistrate. Anukul’s wife was still broken down with grief. She had had no other child. One day Anukul was resting after a long and weary day in court. His wife was buying, at an exorbitant price, a herb from a mendicant quack, which was said to ensure the birth of a child. A voice of greeting was heard in the courtyard. Anukul went out to see who was there. It was Raicharan. Anukul’s heart was softened when he saw his old servant. He asked him many questions, and offered to take him back into service. Raicharan smiled faintly, and said in reply; â€Å"I want to make obeisance to my mistress. † Anukul went with Raicharan into the house, where the mistress did not receive him as warmly as his old master. Raicharan took no notice of this, but folded his hands, and said: â€Å"It was not the Padma that stole your baby. It was I. † Anukul exclaimed: â€Å"Great God! Eh! What! Where is he ? â€Å"Raicharan replied: â€Å"He is with me, I will bring him the day after to-morrow. † It was Sunday. There was no magistrate’s court sitting. Both husband and wife were looking expectantly along the road, waiting from early morning for Raicharan’s appearance. At ten o’clock he came, leading Phailna by the hand. Anukul’s wife, without a question, took the boy into her lap, and was wild with excitement, sometimes laughing, sometimes weeping, touching him, kissing his hair and his forehead, and gazing into his face with hungry, eager eyes. The boy was very good-looking and dressed like a gentleman’s son. The heart of Anukul brimmed over with a sudden rush of affection. Nevertheless the magistrate in him asked: â€Å"Have you any proofs? â€Å"Raicharan said: â€Å"How could there be any proof of such a deed? God alone knows that I stole your boy, and no one else in the world. † When Anukul saw how eagerly his wife was clinging to the boy, he realised the futility of asking for proofs. It would be wiser to believe. And then–where could an old man like Raicharan get such a boy from? And why should his faithful servant deceive him for nothing? â€Å"But,† he added severely, â€Å"Raicharan, you must not stay here. † â€Å"Where shall I go, Master? † said Raicharan, in a choking voice, folding his hands; â€Å"I am old. Who will take in an old man as a servant? † The mistress said: â€Å"Let him stay. My child will be pleased. I forgive him. † But Anukul’s magisterial conscience would not allow him. â€Å"No,† he said, â€Å"he cannot be forgiven for what he has done. † Raicharan bowed to the ground, and clasped Anukul’s feet. â€Å"Master,† he cried, â€Å"let me stay. It was not I who did it. It was God. Anukul’s conscience was worse stricken than ever, when Raicharan tried to put the blame on God’s shoulders. â€Å"No,† he said, â€Å"I could not allow it. I cannot trust you any more. You have done an act of treachery. † Raicharan rose to his feet and said:  "It was not I who did it. † â€Å"Who was it then? † asked Anukul. Raicharan replied: â€Å"It was my fate. † But no educated man could take this for an excuse. Anukul remained obdurate. When Phailna saw that he was the wealthy magistrate’s son, and not Raicharan’s, be was angry at first, thinking that he had been cheated all this time of his birthright. But seeing Raicharan in distress, he generously said to his father: â€Å"Father, forgive him. Even if you don’t let him live with us, let him have a small monthly pension. † After hearing this, Raicharan did not utter another word. He looked for the last time on the face of his son; he made obeisance to his old master and mistress. Then he went out, and was mingled with the numberless people of the world. At the end of the month Anukul sent him some money to his village. But the money came back. There was no one there of the name of Raicharan. How to cite My Lord the Baby – a Story by Rabindra Nath Tagore on the Case of Rai Charann, Papers

Friday, December 6, 2019

Determination of Fixtures and Chattels

Question: Discuss about the Australian Property Law Determination of Fixtures and Chattels. Answer: Introduction A fixture can be defined as something or an attached object to the land rendering it to be considered part of land. Alternatively, a fixture therefore can be said to be anything previously considered a chattel and has since become land by operation of the law[1]. Therefore, the title to land passes along with fixtures once sold (Luther, 2004). A chattel can be defined a personal property that can be moved and includes furniture and household goods. The chattels must thus be expressly included as moving in a contract or sale of land for the buyer to acquire right over them (Butt, 1996). Relevance The above discussion shows that determination of what is a fixture is very important since it has a bearing on the right of parties to a land. For instance, an affixation by the tenant entitles the tenant to remove fixtures for the duration of a lease during the continuance of the tenancy. The determination of the chattels and fixtures is also relevant as it helps in mortgage agreements as the mortgagee can only enforce securities rights against the land which includes the fixtures. This makes unenforceable any security based on a security which at the time of registration was thought to be a fixture but has been adjudged a fixture. This applies to other transactions such as leases. Position A question as to what amounts to fixture or a chattel is one of wholesome examination of circumstances as there are many considerations which need to be taken into account in a determination as to whether a thing is a chattel or a fixture. The question is not always easy or straightforward as disputes regarding whether an object is a chattel or a fixture are usually complex. Therefore, the complexity makes the dual test of degree of annexing and the nature of object annexed very superficial tests for trying to distinguish concept of fixture from a chattel. The traditional approach in distinguishing between a chattel and a fixture has been the testing is the object of the annexation and the degree of annexation. The operating general rule is that if chattel is substantially affixed to land, courts will feel that it should form part of the fixtures. Intention of Annexation The object or intention of annexing an object to land is a subjective test that focuses on the object of the affixing person (Butt, 1996). Usually, the purpose of the annexing an object reveals the possible intention of the affixer. The test in answering the question whether a chattel has become a fixture is whether the affixing is of great permanence in positioning and time of affixing it[2]. This determination involves taking into account of several factors which are objectively apparent. One of the factors is nature of the chattel involved. This is the nature which determines the mode of installation. Another important consideration for determining the intention of the affixer is the status of the affixing person. The affixers can the owner of the land, or a non-owner. This however, is a presumption only and care ought to be taken in examining this matter since the owner of a land may in certain cases attach a chattel without the intention of ever making it a fixture. The test is that the intention to convert a chattel to a fixture by the affixer should be clear. There involves an examination of all prevailing circumstances to assist in drawing clear conclusions that the property was intended to become part of the land((Hazard, 1962). Degree of Annexation This test depends on the object which is annexed with the focus on the permanence of the affixation and the possible damage that it can cause to the land or building if the property is to be removed. In broad terms, if property can be easily moved from the land to which it is attached without leading to substantial change in the nature of the land to the land or the affixed property, a persuasive argument automatically follows the object can be a chattel. However, if no substantial change would be caused to the land or the affixed property, the argument that follows is that the object be considered a fixture. Courts Application Courts in exercise of their judicial role have delved in unraveling the difficulty in ascertaining the answer of distinguishing fixtures from chattels. This is best explained in the Australian case of Australian Provincial Assurance Co Ltd v Coroneo[3]. The subject matter was the seats. The seats were affixed to the floor using bolts in a room. Supreme Court had to decide what the seats were (Magielnicki, 1969) Supreme Court noted that to answer the above question, it had to independently examine the mode, objective and the method of attaching the seats. The judges further found that if that they on the extent of attaching, it is imperative to find if the object is resting and supported by own weight. From the wording of the judges, the burden shall squarely rest on the person alleging that the resting of the seats or any property is more than by the pressure exerted. Meaning, the weight principle as opined here is only presumed in favor of the existence of chattels (Stephen, 2014). Continuous circle of prima facie presumption on the test as adopted by the court in Australian Provincial Assurance[4]here just shows how difficult the question of whether a property is a chattel or a fixture can become. It shows it is not settled and that it depends on particular circumstances on which a particular parties base their cases. Indeed this is how it played out in the instant case ultimately informing the courts decision that the seats were chattels. The court decision in Belgrave Nominees Pty Ltd v Barlin-Scott Air Conditioning Pty Ltd[5]also shows that there is much to do with object of annexation above the requirement of the subjective intent of the affixer. The court opined the need to consider the other factors such as the nature of the property involved in determining the intention of the affixation of a property. The subject matter was the air-conditioners placed on each unit on separate platforms resting on their weights. The sub-contractor went into liquidation and before the new subcontractor would commence work, the defendant removed the air conditioners. In determining an application for a mandatory injunction for the defendant to re-install the air conditioners the court had to consider if the air conditioners were fixtures or not. In holding that the conditioners had become fixtures, the court had a particular focus on the purpose of annexation with special regard to the nature of the plants. The units were connected to the main reticulation system of the building. The court held that such an annexation generally resulted to the affixation made the conditioners to become fixtures. That the affixer is the owner of the land or not seems not to be a settled factor pointing to the intention of making a chattel is a fixture. The case of Palumberi v Palumberi[6] best exemplifies this. The issue was whether some personal property and household goods had become fixtures. The building was self-contained divided into two with the plaintiff and the defendants being tenants in common (Grady, 1876). There was an agreement to sell the property without including chattels. Defendant claimed that certain things had become chattels. They were: spotlight, timer light, fittings, portable heater, and carpets among other things. The court found that the rest of the things were chattels save for the carpets and the stove. That a person who has attached a chattel is not the owner of the land but only possess the land will therefore not prevent a chattel affixed by such a person with a possessory right becoming a fixture. This was the position of court in Kay Leasing Corp Pty Ltd v Provident Fund Nominees Pty Ltd[7]. The point can be summarized that to hold a property as a fixture, the intention to make it a fixture must be clear. Though roof of ownership is a strong pointer to the intention, it is not almost always the case. The court downplayed the ownership factor and instead held that the intention of annexation ought to be held over and above the degree of annexation (Clarke, 2005). In finding that the stove and the carpets were fixtures, the court considered that they enhanced the value of the house. The case to a very large extent underscored the test of degree of annexation as a test and held that it is inferior to the test of intention of the affixer. Similar position is underscored in Geelong City Building Pty Ltd v Bennett[8]where it was held that a contract of sale which transfers chattels does not means that the said chattel transferred cannot become a fixture. The position of the agricultural chattels however seems to be guided by the common law. Courts have tried to remove the agricultural fixtures from the regulation of the tenants rules[9]. This means that the common law right of removal and doctrine of waste is now crystallized in legislation to makes provision for agricultural produce. Section 14 of New South Wales Legislation does not confer any actual title to an agricultural fixture. The legislation however allows the tenant to remove fixtures or to receive a compensation that is fair from the owner. Conclusion Evidently, it can be said that the traditional tests of intention and degree of annexation have undergone tremendous expansion and modification over time with more focus shifting on the object of annexation whose analysis considers so many circumstances and factors like the nature of the object affixed and the relationship between the affixer and the object that is affixed in terms of ownership and possession. Therefore, a strict following of the traditional rules is in total disregard to the reality and current situation. References Bradbook. (n.d.). Australian PrpertyLaw: Casesand Materials. LBCP. Bruce, Z. (2006). Principles of Property Law (4th ed.). Toronto: Caswell. Butt, P. (1996). Land Law. LBCP. Clarke, A., Kohler, P. (2005). Property law: commentary and materials. Cambridge University Press. Grady, S. (1876). The Law of Fixtures: With Reference to Real Property and Chattels of a Personal Nature: to which is Added the Law of Dilapidations, Ecclesiastical and Lay. Wildy. Gray, K. (1991). Property In Thin Air. LJ. Hazard, H. (1962). Theevolution of Coomon LawWrits. American Journal of Legal History, 6. Lower, M. (2011). A brief explanation and evaluation of the law on fixtures. Luther, P. (2004). Fixtures and Chattels: A Question of More or Less. OJLS, 24, 597. Magielnicki, R. (1969). Toward a Satisfactory Fixture Definition for the Uniform Commercial Code. Cornell Laaw Review, 55, 477. Merrick, H. (1933). Recent Cases: Bulk Sales." Other Goods and Chattels of the Vendor's Business. University of Chicago Law Review, 1(2), 15. Ridgeworth. (2008). Sackville and Neave'sProperty Law Cases and Materials (8th ed.). Lexis Nexis. Stephen, H. (2014). Australian Property Law, Cases,Materials and Analysis (3rd ed.). William, TC (1967). Vendor and Purchaser (4th ed.). LBCP. See the case of Australian Provincial Assurance Co Ltd v Coroneo (1938) 38 SR(NSW)700 for more insight The test is whether the affixing shall take a predetermined term or it is temporary period 1938) 38 SR(NSW)700 1938) 38 SR(NSW)700 Belgrave Nominees Pty Ltd v Barlin-Scott Air Conditioning Pty Ltd (1984) VR 947 (1986) NSW Conv R55-287 (1962) VR 429 (1928) VLR 214 Elwes v Maw (1802) 3 East 38