Grocery, Inc. Essay Example for Free

Grocery, Inc. Essay Grocery, Inc. is a retail grocery store chain based in Any State; U.S.A. Grocery has stores throughout the United States. Grocery has written contracts with many different vendors to purchase the products they sell in their stores. Vendors range from individuals to international corporations. Tom works as the produce manager for the store in My Town, U.S.A. Jeff, 17 years old, is spending his summer vacation working for Tom in the produce department. A.) Does Article 2 of the Uniform Commercial Code (UCC) apply to the contracts between Grocery and its vendors? Do common law contracts apply? Explain, in detail, why or why not. Your answer should compare and contrast common law contracts and UCC Article 2 contracts. Yes Article 2 of the UCC does apply to the contracts between Grocery and their vendors. Article 2 applies to all contracts for the sale of goods (2-102). The code contains a somewhat complicated definition of goods (2-105); the most important thing to understand is that the term goods means tangible personal property. Article 2 does not apply to contracts for the sale of real estate or stocks and bonds and other intangibles. The drafters of the code also tried to promote fair dealing and higher standards of behavior in the marketplace. They attempted to do this in several ways in Article 2. The Code imposes a duty on everyone making agreements under the Code to act in good faith (1-203). The Code also imposes certain standards of quality on sellers of goods as a matter of law. Common law contracts would also apply to the Grocery and their vendors, due to the mixture of goods and services. Common law would apply to the service element that is predominant in the contract with regards to the delivery of the goods. (Barnes, J). The difference between Article 2 and common law is that if the contract is for the sale of goods then Article 2 would apply, if it is not then the principles of common law under contracts would apply. Article 2 reflects an attitude about contracts that is fundamentally  different from that of the common law. The Code is more concerned with rewarding peoples legitimate expectations than with technical rules, so it is generally more flexible than traditional contract law. A court that applies the Code is more likely to find the parties had a contract than a court that applies contract law (2-204). In some cases, the Code gives less weight to technical requirements such as consideration than is the case in contract law. (Barnes, J). B.) Grocery contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the six month time limit due to a sudden increase in jobs, sub-contracted the entire job to build them to fall. Grocery was unaware of the sub-contract. When Grocery realized (due to poor quality of work) that Build, not Masterpiece, was handling the renovation, Grocery petitioned the court for an injunction and then sued Masterpiece for breech of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or in the alternative, to discharge the contract due to commercial impracticability. Who wins? Explain your answer. Based on the information provided by Grocery would win the case based on breech of contract and specific performance. Under breech of contract, promissory must perform their contractual duties in the manner they have promised to perform them. Since Masterpiece did not perform the duties in the manner in which they promised they are liable for breech of contract. The courts recognize that there are three basic degrees of performance: complete or satisfactory performance, substantial performance, and material breech of contract. (Barnes, J). A contract consists of both rights and duties. A contracting party has the duty to perform his or her own promise and the right to receive the other partys promised performance. These rights and duties can usually be transferred to third persons. When rights under a contract are transferred, this is called assignment. The transfer of duties is called a delegation. Not all contracts are assignable  over the objection of the promissory. The promissory who delegates duties is still liable to the promise if the party to whom the duties were delegated fails to satisfactorily perform them. This would make Masterpiece liable for the quality of work that Build them to fall produced for Grocery. The only exception to this rule would have been if the parties had entered into a novation which is a new, separate agreement by the promisee to release the original promissory from liability in exchange for a third partys agreement to assume the promisors duties. As for Masterpieces claim that they had a right to delegate the duties to Build them to Fall under commercial impracticability they would have to show that unforeseen conditions would have caused a delay or inability to make delivery of the goods (make performance impracticable), then they would have been able to claim commercial impracticability. In the absence of compelling circumstances, the courts do not readily excuse parties from their contractual obligations, particularly where it is clear that the parties anticipated a problem and sought to provide for it in the contract. Since Masterpiece had contracted to perform the work for Grocery and then had a sudden increase in jobs this would not be considered compelling circumstances for sub-contracting the job to a company that would perform a poor quality of work. C.) At the end of the summer, Jeff had earned enough money to put a down payment on a car. He decided to continue working part time during school to earn money for the car payments. Jeff purchased a car from Steve at the local used car lot. Steve did not ask Jeff how old he was; but assumed he had reached the age of majority. Jeff paid the down payment and signed the contract stating that he would make payments of $200 each month. Six months later Jeff lost his job and could no longer make the payments. Jeff took the car back to Steve and said he wanted to cancel the contract and that he wanted his money back. What are the possible outcomes? Explain your answers. Jeff was a minor at the time of the contract. Therefore, Jeff is considered not to have the capacity to enter into contracts. Steve made the deal in good faith that Jeff was old enough to enter into the contract.  Unfortunately, the contract is voidable. Jeff was correct that he could disaffirm the contract. And upon the disaffirmance, Jeff had to return the vehicle to Steve. Even though the right to disaffirm a contract was meant to protect minors, some states have rejected that idea because that view creates a hardship on the adult involved. Under the case of Dodson v. Shrader, 824 W.2d 545 Tenn. Sup. Ct. 1992), Steve would be allowed to recover the depreciation of the vehicle from the monies that Jeff has paid. Especially considering the fact that Jeff has had the vehicle for six months or more. The states defer on the idea that the minor needs to be reimburse the innocent adult for dealing with the minor. However, many times minors can pass as adults at approximately 14 years of age and up. Minors also get fake IDs to get things like buying beer. Therefore, by allowing the minor to get away with not paying the debt he or she willing entered or lied to the adult to sign a contract, is not in the best interest of society to allow the minor not to suffer the consequences. Therefore, holding the minor responsible for his or her actions is one way for the minor to learn responsibility. D.) Grocery has a written contract with Cereal, Inc. to purchase 20 cases of cereal per month at $22 per case. The contract does not state the types of cereal or how the 20 cases will be divided up between Grocerys 20 stores in Any State. After a flood, Cereal suffers severe water damage in its warehouse. With the exception of Soggy Flakes, Cereal does not have enough undamaged cereal to comply with its Grocery contract. On the day delivery was due, Grocery receives 10 cases of Soggy Flakes at the three stores located in My Town and two stores in Your Town. Twelve days before delivery was due, Grocery had requested, by facsimile, that 15 cases containing a variety of cereals be delivered to the five stores listed above with the remaining five cases going to Grocerys warehouse in Corp Town. Grocery wants to reject the shipments of Soggy Flakes and cancel its contract with Cereal. Discuss Grocerys rights under contract law. Cereal argues that based on the gap-filling rule, it had the right to modify the terms of the  contract. Analyze the gap filling provisions of UCC Article 2 as they pertain to the terms of this contract. What rights and/or defenses, if any, does Cereal have under contract law? Analyze the remedies available to Grocery and/or Cereal. Explain all answers in detail. Grocery has the right to reject the shipment. Grocery has to notify Cereal that the shipment was not adequate and is being rejected pursuant to Article 2-602. The notice must be accomplished within a reasonable time and preferably in writing [Article 2-602]. Grocery has the right to reject the shipment and cancel the contract.. However, Cereal must notify Grocery that due to unforeseeable circumstances, the shipment will consist of Soggy Flakes and only ten cases of cereal will be delivered. Cereal must notify Grocery that Cereal intends to replace the shipment within a reasonable time (gap-filling rule). However, under the circumstances, Cereal may not know how long Cereal may be without the correct product. Furthermore, Cereal needs to decide what it wants Grocery to do with the product (whether to sell the product, destroy the product, or store the product for later pick-up). Grocery does not have to pay for return shipment. If Grocery feels that Cereal cannot meet the obligations incurred, Grocery can demand an assurance that the contract will be performed. If the assurance is not forthcoming within 30 days, then Grocery can repudiate the contract [Section 2-609]. If Grocery later decides the Cereal can meet the terms of the contract, Grocery can decide to continue wit the contract if Cereal can show that Cereal intends to meet the obligations of the contract. E.) Tom spent his time away from work on his hobby, model trains. His train set was very large and consisted of rare and one-of-a-kind trains. One day, while visiting with a fellow train hobbyist Harry, Tom said, When I retire in two years from Grocery, Im going to sell my trains and spend the rest of my years traveling on real trains. Tom then told Harry that he was the only person he planned to offer his trains to because he knew Harry would take good care of them. Harry said he looked forward to the day when he could buy the trains. Harry then spent the next two years and most of his savings  building a new 2,000 sq. ft. room onto his house to make room for the trains. When Harry told Tom that he was building the new room, Tom just smiled. Tom also heard that Harry had borrowed money from his aunt to buy the trains. When Tom retired, he sold his trains to David. Harry sued Tom claiming breach of contract, or in the alternative, for promissory estoppels. Who wins? Explain your an swer. Although Tom and Harry did not have a written contract about the purchase of the trains, they did have a verbal contract. Breach of contract is described as any failure to perform that is not excused (Mallor, Barnes, Bowers, Langvardt, 2004). When Tom told Harry that Tom would sell his trains to Harry, Harry had the reasonable expectation that Harry would receive the trains. Harry then spent a large amount of money building an addition to his house in order to have room for the trains. Harry also had borrowed the money to purchase the trains from his aunt. Promissory estoppel is an equitable doctrine that protects those who foreseeably and reasonably rely on the promises of others by enforcing such promises when enforcement is necessary to avoid injustice, even though one or more of the elements normally required for an enforceable agreement is absent (Mallor, et al, 2004, glossary). In this case an injustice to Harry did exist because of the money he spent in building onto his house and expectation he had of receiving the trains. Harry wins the case based on the recognition of promissory estoppels in section 90 in the first Restatement of Contracts in 1932 (Mallor, et al, 2004, 338). The court would see the injustice to Harry by Tom failing to fulfill his promise to sell his trains to Harry. F.) Jason shipped a truckload of peaches from his orchard to Grocery using an independent trucker. In route, the truck broke down and the shipment was delayed three days. The peaches were spoiled when they arrived. The terms of the contract were F.O.B. Who bears the risk? Explain your answer. F.O.B. (Free on Board) means the seller is responsible to deliver the goods  free of expense and at his own risk to the designated place of delivery. In this case Jacob was responsible for the shipment until it reached Grocery. Grocery would be able to file a suit against Jason for damages. Jason would, however, be able to file a suit against the independent trucker for the damages to the peaches. This case is similar to the case in the textbook Windows, Inc. v. Jordan Panel Systems Corp. In this case, however, the term FOB is not used. The windows were to be properly packed and shipped, but were damaged due to load shift during transport. The buyer, Jordan, expected to receive the windows in good condition, ready to install. When the windows were delivered in bad condition, Jordon filed against the trucking company and did not pay Windows for the order. Jordan then ordered a duplicate order to be shipped that Jordan received with no problem. The error in this case was that Jordan did not pay Windows for either order and Windows had to file suit against Jordan in order to be paid for the shipments. Judgment was affirmed in favor of Windows. G.) Discuss the different warranties that apply to Grocerys business. Explain your answer in detail. Grocerys business operates under the implied warranty of merchantability. This warranty is one that the legal community has created, not one that is operating under a written or accepted contract. The warranty operates under UCC section 2-314(l) . Section UCC 20314(l) reads: [A] warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. (Mallor, Barnes, Bowers and Langvardt, 2007). Under this warranty, Grocerys implied warranty is that the products sold will be useable for the purpose intended. Grocery would be held responsible for products like canned goods, meats, bakery items, and the like because Grocery is in the business of selling these goods. Section 2-314 states the products must meet the following criteria. (1)In the trade, the product must pass inspection without objection. (2)The product must be fit for the purpose for which the product wasintended;(3)The product must be of even kind, quantity (same size unit), and kind (like boxed cereal). (4)The product must be adequately packaged and labeled (must list things like the calories per serving). (5)The product must conform to the packaging and labeling regarding any promises or statements that may be stated (the cereal must be Rice Krispies and not Cheerios if the box is marked Rice Krispies). (6)If a product is perishable, the product must be of fair quality. If goods do not conform to the above standards, a consumer may pursue legal remedies. Goods that do not function as intended are not merchandisable and would not meet the above standards. Furthermore, Grocery would be responsible for the goods sold at the store, not for computer products since the normal business of Grocery would be for canned goods, bakery items, meats, and the like. H.) Supplier Inc., a large wholesaler, had a contract with Grocery. Supplier sued Grocery for breach of contract when Grocery failed to place an order for goods by a specific date as specified in the contract. Each order was worth at least $550. Grocery contended that the contract Bill Green signed was a standard preprinted supply contract without specifics regarding time of order and quantity. Green had authority to sign a standard supply contract, but could not authorize specific terms. This was unknown to Supplier. Supplier argued that terms were boilerplate and therefore could be modified by acceptance. Supplier offered oral testimony at trial to prove that Green agreed to the modifications. Is there a contract? If so, what are the terms? Explain your answer. 1. Yes, there is a contract. The contract that Green claims to be a standard  preprinted supply contract and Suppliers claim can be modified by acceptance. 2. The terms are that Grocery was supposed to purchase goods by a specific date. 3. Each order is worth at least $550. a.) Also, discuss the use of Suppliers oral testimony at trial. 1. The use of Suppliers oral testimony can go either way. Oral testimony can be very effective if Supplier can prove that what Supplier is saying is true. Oral testimony can also be detrimental to Suppliers case if it is proven that Supplier is lying. 2. Presenting to the courts and the jury that the copy of the actual contract is always a good idea. It will be up to the courts to decide if the original contract stands or if it is void. References Edition e-text] Prentice-Hall Publishing. Retrieved August 25, 2005, from University of Phoenix, Resource BUS/415-Business Law Web Site:https://ecampus.phoenix.edu/content/eBookLibrary/content/eReader. Mallor, J.P., Barnes, A.J., Bowers, T., Langvardt, A.W. (2007). Business law: The ethical, global and e-commerce environment, 13e. The McGraw-Hill CompaniesUniversity of Phoenix. (Ed) (2005). Business Law [University of Phoenix Custom]

Ben & Jerrys Ice Cream :: essays research papers

Ben & Jerry’s Ice Cream was founded on the corporate concept of linked prosperity, interrelating a three-part mission statement to focus their company’s growth. Their mission statement, which covers their product, economic and social goals, focuses both the leadership and the workforce on their key values. These values include staying in touch with the customer base, using quality ingredients, maintaining profitability and maintaining social awareness and accountability.   Ã‚  Ã‚  Ã‚  Ã‚  Throughout the history of the company, its owners, Ben Cohen and Jerry Greenfield, have interacted with their customers, gaining knowledge on what people like and dislike about their ice cream. Opening their store in Burlington, Vermont in 1978, they immediately began interfacing with the local populace by hosting a free summer movie festival, projecting movies on the wall of their renovated gas station. In 1985, they introduced New York Super Fudge Chunk ®, a flavor suggested by a writer from New York City. Throughout the years, they have continued to introduce new flavors either suggested or inspired by either regular individuals or well-known celebrities.   Ã‚  Ã‚  Ã‚  Ã‚  Ben and Jerry launched their â€Å"Cowmobile†, a modified mobile home used to distribute free scoops of ice cream in a unique cross-country marketing drive. Unfortunately, the vehicle burned to the ground outside Cleveland, but everyone escaped unharmed. Ben said it looked like â€Å"the world’s largest baked Alaska.† Undaunted they resurrected the idea the following year with â€Å"Cow II†, once again going cross country giving away free scoops. That same year, at the suggestion of two â€Å"DeadHeads’ from Portland Maine, Ben and Jerry introduced the first ice cream named for a rock legend, Cherry Garcia. In 1988 they introduced Chunky Monkey at the request of a college student in New Hampshire.   Ã‚  Ã‚  Ã‚  Ã‚  Staying in touch with their customers would not enable Ben and Jerry to be as successful as they have become if their ice cream was not high quality as well. The second value the company espouses is to use only wholesome, natural ingredients. They began their operation on this premise, utilizing fresh Vermont milk and cream to create their frozen concoctions. During a period of volatility in the dairy market in 1991, the company went so far as to pay a dairy premium totaling a half million dollars to combat Vermont dairy farmers’ losses. This helped protect the family farmers who supplied the milk for Ben and Jerry’s ice cream. The combination of good product and good marketing over the years has enabled Ben and Jerry’s to increase sales and maintain profitability year after year.

Gender in Translation Essay

Abstract Metaphors are taken to be the most fundamental form of figurative language, carrying the assumption that terms literally connected with one object can be transferred to another object. A writer/speaker uses metaphor more often than not with the intentions of introducing a new object/concept, offering a more precise meaning, or simply presenting a more poetic effect to his text/speech. The main focus of this study is image metaphors of color in the Shahnameh of Ferdowsi. The study set out to determine how this particular figure of speech is rendered by reviewing two English translations of the work. The framework of the study was Newmark’s (1988a) seven suggested procedures for translating metaphors. In addition to determining which of these procedures have been applied in the two translations, the study also aimed at discovering whether any new procedures might have been applied. The study also attempted to find out whether any exclusive patterns were observed in each translator’s rendering of the discussed items. The study concluded that out of the seven procedures proposed by Newmark for translating metaphors, Warner & Warner applied five procedures and Davis applied all seven of the procedures in the translation of image metaphors of color. No new procedure was observed in their translations. The translators’ choices of procedures for translating these specific items showed that Warner & Warner had a tendency towards the first procedure which resulted in a literal translation of the particular metaphor, whereas Davis had a tendency towards the other six  procedures which all led to explicitation, simplification and the production of a reader-oriented text. Key terms: the Shahnameh, figurative language, metaphor, image metaphor of color, translation procedure 1. Introduction Translation, as Catford (1965) defines it, is â€Å"an act of transference, in which a text from the source language is replaced by its equivalent in the target language† (p. 20). Newmark’s (1988b, p. 5) more modern version of the term is â€Å"often, though not by any means always, rendering the meaning of a text into another language in the way that the author intended the text. † Even the mere thought of inferring from these two definitions that the task of a translator and the whole translation process is a simple one seems a naivete on the part of the inexperienced. Any given source text intended for translation, regardless of its text-type, is required to undergo a close reading in order to understand what it is about, and then an analysis from the point of view of the translator. The analysis stage consists of determining the intention of the text – which, according to Newmark (1988a), represents the SL writer’s attitude to the subject matter – and also the style in which it is written. Being attentive to the selected lexicon, the syntax, figures of speech, neologisms, punctuations, names, and many more is a vital role the translator plays in the process of translation. In the case of poetry, apart from all the above features there is a surplus of sound effects such as rhyme, meter, assonance, alliteration, stress, onomatopoeia. The most common goal among translators is, and always should be, to create the same effect on the target reader as the original writer had intended for his readers. In Nida’s own words, â€Å"the relationship between receptor and message should be substantially the same as that which existed between the original receptors and the message† (Nida, 1964a, p. 159). Understanding and analyzing figurative language in a text, as mentioned above, is one of the difficult processes in translation. One of these figures of speech is metaphor which is considered by linguists as the most basic where one object is used to describe another object and both objects are essentially disparate entities, but common in one or more attributes. In the following section, the theoretical preliminaries of the study will be presented, which includes an overview of metaphor, concerning its definition, classifications, identification, and also translation procedures introduced by Newmark (1988a) on the translation of metaphors in general. The image metaphor of color in particular will also be discussed along with several exemplifications. Thereafter, a selection of the collected data will be presented, analyzed and discussed. The last section will include the conclusion of the study. 2. Theoretical Preliminaries 2. 1. Definition of Metaphor Metaphor, as stated in the Merriam Webster online dictionary, is etymologically from Greek, from metapherein, meaning ‘to transfer’ and from meta- + pherein, meaning ‘to bear’. It is defined by the same source as â€Å"a figure of speech, in which a word or phrase literally denoting one kind of object or idea is used in place of another to suggest a likeness or analogy between them. † One of Shakespeare’s most famous and oft-quoted lines, ‘All the world’s a stage’, is an example of a metaphor, where he indicates that ‘the world’ and ‘stage’ are analogous. According to Richards (1936), a metaphor consists of two parts, tenor andvehicle, also introduced as object and image by Newmark (1988a), respectively. The tenor is the term to which attributes are ascribed and the vehicle is the term from which attributes are borrowed. The properties of the vehicle which apply to the tenor in a given metaphor are namedgrounds of a metaphor, also known as the sense of a metaphor. Therefore, in the example given above, ‘world’ is the tenor or object, and ‘stage’ is the vehicle or image. The ground of this metaphor is more apparent when the next two lines are added: All the world’s a stage And all the men and women are merely players, They have their exits and their entrances This metaphor is extended through adding another pair of tenor and vehicle, i. e. ‘men and women’ is the second tenor and ‘players’ is the second vehicle. Therefore, as the actors on stage have an entrance and also an exit, the inhabitants of the world do as well, their entrance to this world being ‘birth’ and their exit being ‘death’. 2. 2. Classifications of Metaphors Metaphors have been categorized in different ways by different linguists. Black (1962a, p. 25) asserts that â€Å"the only entrenched classification is grounded in the trite opposition between ‘dead’ and ‘live’ metaphors. † He adds that â€Å"this is no more helpful than, say, treating a corpse as a special case of a person: A so- called dead metaphor is not a metaphor at all, but merely an expression that no longer has a pregnant metaphorical use†. However, he does present a classification for metaphors, but not before declaring that â€Å"if the ‘actuality’ of a metaphor †¦ is important enough to be marked, one might consider replacing the dead and alive contrast by a set of finer discriminations†; hence, the following classification (ibid, p. 25): 1. extinct metaphors: expressions whose etymologies, genuine or fancied, suggest a metaphor beyond resuscitation (a muscle as a little mouse, musculus) 2. dormant metaphors: those expressions where the original, now usually unnoticed, metaphor can be usefully restored (obligation as involving some kind of bondage) 3.  active metaphors: those expressions, that are, and are perceived to be, actively metaphoric He continues further to discriminate between two types of active metaphor: an emphatic metaphor whose â€Å"producer will allow no variation upon or substitute for the words used†, and a resonant metaphor, which supports â€Å"a high degree of implicative elaboration† (ibid, p. 26). On this account, he calls a metaphor of marked emphasis and resonance a strong metaphor, and in contrast, a metaphor of relatively low emphasis or resonance a weak metaphor. Lakoff (1977) made a revolutionary contribution to the study of metaphors when he suggested a new theory of metaphor which basically stated that metaphors are â€Å"fundamentally conceptual, not linguistic, in nature† (Lakoff, in Ortony, 1993, p. 244), which resulted in the advent of the conceptual or cognitive theory of metaphor. In his proposal of the theory, he does not provide us with any specific classification for metaphors, but rather, he only refers to them in his writings as he explains and elaborates on the theory. He states that conceptual metaphors â€Å"map one conceptual domain onto another† (ibid, p.  229). On the other hand, the novel metaphors of a language are, except for image metaphors, â€Å"extensions of this large conventional system† (ibid, p. 240). Therefore, it can be implied that he believes most metaphors to be ‘conceptual metaphors’ and some others to be ‘novel metaphors’ under which ‘image metaphors’ are subcategorized. However, more than twenty years after Black’s declaration of his standpoint on the categorization of metaphors, Newmark (1988b) was still a faithful believer in the dead/live metaphor classification, as he distinguishes six types of metaphors, beginning with dead metaphors: 1.dead metaphor: this type of metaphor â€Å"frequently relates to universal terms of space and time, the main part of the body, general ecological features and the main human activities† (ibid, p. 106). Dead metaphors have lost their figurative value through overuse and their images are hardly evident. Some examples of a dead metaphor include ‘at the bottom of the hill’, ‘face of the mountains’, and ‘crown of glory’. 2. cliche metaphor: this type of metaphor is known to have outlived its usefulness, and is â€Å"used as a substitute for clear thought, often emotively, but without corresponding to the facts of the matter† (ibid, p.107). Some examples include ‘a jewel in the crown’, ‘to make one’s mark’, and ‘backwater’. 3. stock or standard metaphor: this type of metaphor is defined by Newmark (1988b, p. 108) as â€Å"an established metaphor, which in an informal context is an efficient and concise method of covering a physical and/or mental situation both referentially and pragmatically. † He also states that stock metaphors, in contrast to dead metaphors, are â€Å"not deadened by overuse† (ibid). Examples of this type also mentioned by Newmark are: ‘to oil the wheels’, ‘he’s in a giving humour’, and ‘he’s on the eve of getting married’. 4. adapted metaphor: this type of metaphor is actually a stock metaphor that has been adapted into a new context by its speaker or writer, for example, the stock metaphor ‘carrying coals to Newcastle’ can be turned into an adapted metaphor by saying ‘ almost carrying coals to Newcastle’. 5. recent metaphor: this type of metaphor is produced through coining and is spread in the SL rapidly. Examples of this kind are ‘spastic’, meaning stupid, and ‘skint’, meaning without money. 6.original metaphor: this type of metaphor is â€Å"created or quoted by the SL writer†, and in the broadest sense, â€Å"contains the core of an important writer’s message, his personality, his comment on life† (ibid, p. 112). 2. 3. Identifying Metaphors The recognition of a metaphor in a certain text or speech may be rather easy for native speakers, but when it comes to a non-native, the challenge begins. The supposition that an expression is a metaphor when it yields a false or absurd meaning when interpreted literally is not reliable â€Å"because not all metaphors have false literal interpretations† (Way, 1991, p.14). This unreliability is proven by Way when she exemplifies through the following lyrics of a song: ‘A rock feels no pain, and an island never cries’. This statement is a metaphor, but it is also â€Å"literally true; rocks do not feel pain, and islands are not the kind of things that can cry† (ibid). But how do we identify it as a metaphor, even when the literal meaning seems true? Way (1991, p. 14) explains: â€Å"Perhaps because, while not actually false, talking about rocks feeling pain and islands crying is certainly a peculiar combination; maybe we can identify metaphors by their odd juxtaposition of ideas. † A more classical way of identifying metaphors, which again is not reliable, is the form ‘x is a y’. Although many metaphors do take this form, many more do not. As Way exemplifies through Shakespeare’s ‘Let slip the dogs of war’, she states that although this is clearly a metaphor, but â€Å"it does not fit the form of ‘x is a y’, for we are not comparing dogs to war, but rather to armies, something which is never explicitly mentioned in the phrase† (ibid, p. 15). She goes on to explain that even the syntactic structure of a metaphor can not be proof of its essence, as it has no consistent syntactic form. She provides an example by Saskice, where it is shown how one â€Å"metaphor can be rephrased as a statement, a question or an exclamation† (ibid): The moonlight sleeps sweetly upon the bank. Does the moonlight sleep sweetly upon the bank? How sweet the moonlight sleeps upon the bank! She also mentions that a metaphor’s focus can be of any part of speech. In the following examples by Saskice provided by Way (1991, p. 15), it is stated that â€Å"the focus is first a verb, then a noun, and finally a participle†: The smoke danced from the chimney. The trees bowed in the dance of the seasons. Dancing waters surrounded the canoe. According to all the above, there is no reliable method for identifying a metaphor. The more we strive to analyze a metaphor, the more we understand that its creation and comprehension are challenging tasks, specifically for the non-native speaker. 2. 4. Translating Metaphors Newmark (1988b) proposes the following seven strategies for translating metaphors; the examples included for each strategy are provided by Tajalli (2005, p. 107): 1. Reproducing the same image in the TL. Play with someone’s feelings > 2. Replacing the image in the SL with a standard TL image which does not clash with the TL culture I got it off my chest > 3. Translation of metaphor by simile, retaining the image The coast was only a long green line > 4. Translation of metaphor (or simile) by simile plus sense, or occasionally metaphor plus sense He is an owl > 5. Conversion of metaphor to sense To keep the pot boiling > 6. Deletion. If the metaphor is redundant or serves no practical purpose, there is a case for its deletion, together with its sense component 7. Translation of metaphor by the same metaphor combined with sense. The addition of a gloss or an explanation by the translator is to ensure that the metaphor will be understood The tongue is fire > . 2. 5. Image Metaphors of Color As mentioned earlier, image metaphor is a subcategory of Lakoff’s ‘novel metaphor’. He distinguishes between conceptual metaphor and image metaphor due to their distinct mapping processes. The conceptual metaphor maps one conceptual domain onto another, often with many concepts in the source domain mapped onto many corresponding concepts in the target domain, whereas the image metaphor maps only one image onto one other image; thus, Lakoff (1977) calls them ‘one-shot metaphors’. The following poem, interpreted by Louis Watchman (as cited in Ortony, 1993, p. 231), contains several image mappings: My horse with a hoof like a striped agate, with his fetlock like a fine eagle plume: my horse whose legs are like quick lightning whose body is an eagle-plumed arrow: my horse whose tail is like a trailing black cloud. He continues by explaining that â€Å"Metaphoric image mappings work in the same way as all other metaphoric mappings: by mapping the structure of one domain onto the structure of another. But here, the domains are conventional mental images† (ibid, p. 229). Therefore, image metaphors map one attribute of the source domain onto the target domain. Image mapping may involve physical part-whole relationships, as in the following example extracted from The Descriptions of King Lent, translated by J.M. Cohen (ibid, p. 230): His toes were like the keyboard of a spinet. Lakoff explains that â€Å"The words do not tell us that an individual toe corresponds to an individual key on the keyboard. The words are prompts for us to perform a conceptual mapping between conventional mental images† (ibid). Image mapping may also involve a dynamic image, as in the following lines by Shakespeare (as cited in Hawkes, 1972, p. 46), where the movement of the curtains is mapped onto the movement of the eye: The fringed curtains of thine eye advance,  And say what thou sees yond. Other attributes, such as colors, may also be mapped, which are the main focus of the present study. The following lines by Shakespeare (ibid, p. 47) map the whiteness of the lily and also ivory onto the girl: Full gently now she takes him by the hand, A lily prison’d in a gaol of snow, Or ivory in an alabaster band: So white a friend engirts so white a foe. There are many examples of image metaphors of color in the Shahnameh, where the attribute of color has been mapped onto the target domain. The following translation of a couplet in the Shahnameh, produced by Warner & Warner, contains four image metaphors (of which two are similes), but only in two of them is the attribute of color intended to be mapped; the whiteness of camphor is mapped onto the character’s hair, and the redness of a rose onto his cheeks: His stature cypress-like, his face a sun, His hair like camphor and his rose-red cheeks (Warner and Warner, 1925, vol. 1, p. 191) Also in the following example from the Shahnameh, Davis has compared blood to the redness of wine in this metaphor, even including the sense. But here, the metaphor has been applied simply as a device for making the text more poetic, as Way (1991, p. 33) discussed about the substitution theory of metaphor. He saw Sohrab in the midst of the Persian ranks, the ground beneath his feet awash with wine-red blood. (Davis, p. 205) 2. 6. Formal and Dynamic Equivalence Nida (1964) divides equivalence in two different types in his article entitled ‘Principles of Correspondence’, i. e. formal and dynamic equivalence. He depicts formal equivalence as a focus on the message, in both its formal aspects and its content. Thus, in a translation from â€Å"poetry to poetry, sentence to sentence, and concept to concept† (Nida, in Venuti 2000, p. 129), the concern is formal equivalence. In this type of equivalence, the message produced in the TT should match the different elements of the ST as closely as possible. Nida further explains that a gloss translationtypifies formal equivalence. In this type of translation, he states, â€Å"the translator attempts to reproduce as literally and meaningfully as possible the form and content of the original† (ibid). In order to be comprehensible, such a translation â€Å"would require numerous footnotes† (ibid). This structural equivalence seems to be rather identical to Larson’smodified literal translation, where the translation is basically literal, but with modifications to the order and grammar of the ST, so as to produce â€Å"acceptable sentence structure in the receptor language† (Larson, 1984, p. 16). To a great extent, it also resembles Newmark’s semantic translation, which he states, â€Å"attempts to render, as closely as the semantic and syntactic structures of the second language allow, the exact contextual meaning of the original† (Newmark, 1988a, p.39). Dynamic equivalence, on the other hand, maintains that â€Å"the relationship between receptor and message should be substantially the same as that which existed between the original receptors and the message† (Nida, in Venuti 2000, p. 129). In a translation of dynamic equivalence, the target readership is not necessarily required to understand the SL culture in order to understand the message. Most importantly, this type of equivalence â€Å"aims at complete naturalness of expression† (ibid) , and is also based on the principle of equivalent effect, which maintains that the translator should produce the same effect on his own readers as the SL author produced on the original readers. Similar to Nida’s dynamic equivalence is the traditional idiomatic translationdiscussed in Larson (1984). â€Å"The translator’s goal should be to reproduce in the receptor language a text which communicates the same message as the SL, but using the natural grammatical and lexical choices of the receptor language† (ibid, p. 17). Also rather similar to this type of equivalence is Newmark’s communicative translation, which he claims, â€Å"attempts to produce on its readers an effect as close as possible to that obtained on the readers of the original† (Newmark, 1988a, p. 39). According to the above-mentioned, after comparing Warner & Warner’s (1925) and Davis’ (2007) English translations of the Shahnameh with the original, it was concluded that the first translation is a semantic translation, while the second one is a communicative translation. Warner & Warner have translated poetry into poetry and also strived at preserving the archaic tone of the original. Furthermore, they have indicated in their Introduction to the translation that many explanatory notes have been added; hence leading to a semantic translation. Davis, on the other hand, has converted poetry into prose, with occasional lines of verse in some episodes. He also explains in his Introduction to the translation that he has intended this translation for the general reader and not for scholars; thus his version is a communicative translation. 3. Empirical Data 3. 1. Data Collection and Analysis Thirty-three examples of image metaphors of color identified in theShahnameh were located in two English translations, i. e. Warner & Warner (1925) and Davis (2007). It is worth noting that over forty-five metaphorical expressions of color were identified in the entire Shahnameh, but as Davis’ translation is not a complete translation, rather an abridged version, only thirty-three were applicable to this study. The first step in this procedure was to identify all terms/objects in theShahnameh that presented color imagery. This information was found in a list provided by Rastegar Fasaei (1990). Seventy-nine items were listed, but only thirty-three were applicable in this study, because the list was obviously not intended for metaphors of color, but rather a list indicatingterms that denote a color. Many of these terms were basic color terms, e. g. , which could not produce any potential metaphorical expression implying a color. They were mostly used in adjectival phrases describing a particular object or event. Therefore, all color terms were ruled out, as well as other terms which indicated some kind of ‘brightness’ or ‘shiny effect’, e. g. the expression , in which the metaphor implies that the sword is very shiny. Unfortunately, approximately eighteen of the items in this list were of this kind, representing brightness of an object, colors of the air, and colors of the earth, of which the latter two seemed ambiguous and impracticable for this study. As mentioned earlier, the translation by Davis is not a complete translation of the wholeShahnameh, as many episodes have been omitted. Therefore, several of the items in the list have occurred only in the sections not translated by Davis; hence, deleting them from the list was inevitable. Many of the terms in the list, unfortunately again, were observed only in the form of similes, and not metaphors; therefore, they could not be applied either. After settling on these thirty-three items, they were sought in aShahnameh software, in order to locate the couplets which contained these terms. The next step was to review each couplet to see which one had an image metaphor of color created with that specific term. For some terms, the frequency of occurrence was very high, e. g. approximately 400 couplets, which caused some difficulties in terms of being highly time-consuming. A minimum of one couplet carrying an image metaphor of color was chosen for each of the thirty-three instances via the Shahnamehsoftware. These examples were then initially located in the translation by Davis, as his is an abridged translation. Regarding this, he states in the Introduction to his book: â€Å"Given the poem’s immense length, some passages have inevitably been omitted, and others are presented in summary form† (Davis, 2007, xxxiv). After determining which of the examples were included in Davis’ translation, one couplet was eventually chosen for each instance, and then the corresponding expression was located in Warner & Warner’s translation. So far, there were thirty-three Persian examples of image metaphors of color, along with their corresponding expressions in the two English translations. These were the steps taken in the data collection stage. The next step was to analyze the collected data, which included determining the translation procedures involved in each of the two translations. The framework applied was Newmark’s (1988b) seven procedures introduced for translating metaphors. The goal here was not just determining which translator applied which procedure(s) and the frequency of each procedure, but also finding out whether any new procedures were applied other than Newmark’s. The study also aimed atdiscovering any possible translation patterns exclusive to each translator. The following three examples were selected as representatives of the collected data in this study. (?. – ?) The night was like jet dipped in pitch, there lent No planet luster to the firmament (Warner & Warner, vol. 3, p. 287) A night as black as coal bedaubed with pitch, A night of ebony, a night on which Mars, Mercury, and Saturn would not rise. (Davis, p. 306) In this ST context, the poet has depicted the scene as though the night has actually covered its face with pitch. Both translators have reproduced the same image in their TTs, thus likening the night to a black stone ( ) that has washed its exterior with pitch. (?. – ) Raised such a dust! But swift as dust they sped Till day’s cheeks turned to lapis-lazuli. (Warner & Warner, vol. 7, p. 67) They rode quickly until the day turned purple with dusk. (Davis, p. 642) The definition provided for is ‘a dark blue stone’; its translation by Emami is ‘lapis-lazuli, azure’. Britannica’s online dictionary definition forlapis-lazuli is ‘a semiprecious stone valued for its deep blue color’. Therefore, the first translator has again reproduced the same image through the same metaphor. The second translator, however, has converted the metaphor to its sense, i. e. the color it represents. ? ? (?. – ) This he said, And heaved a sigh. The colour of his cheek Turned from pomegranate-bloom to fenugreek (Warner & Warner, vol. 6, p. 25) Having said this he heaved a sigh from the depths of his being, and the rosy pomegranate petal turned as pale as fenugreek. (Davis, p. 455) The mental image of this ST metaphor is mapped onto the king’s face, describing the change of color in his complexion. The first translator has interestingly enough converted the metaphor to its sense, which seems rather a rare procedure for a semantic translation. The second translator, however, has reproduced the same image in TT2. 3. 2. Discussion Thirty-three cases of image metaphors of color were identified in theShahnameh and then located in two English translations, i. e. Warner & Warner (1925) and Davis (2007). Afterwards, the procedures applied by each translator in rendering these thirty-three items were identified. The framework chosen was that of Newmark’s (1988a). The analysis of the data showed that Warner and Warner applied five of Newmark’s suggested procedures in translating the specified image metaphors of color. They also presented two cases of wrong translation. In the following table, the procedures applied by Warner & Warner in translating the thirty-three image metaphors of color identified in this study and their frequency of occurrence, along with the corresponding percentages are shown. Table 4. 1. Frequency and percentage of procedures applied by Warner & Warner Procedure| Frequency| Percentage| Reproducing the same image in the TL| 23| 69. 69| Replacing the image in the SL with a standard TL image| 3| 9. 09| Translation of metaphor by simile, retaining the image| 1| 3. 03| Translation of metaphor by simile plus sense| 0| 0|. Conversion of metaphor to sense| 3| 9. 09| Deletion| 0| 0| Translation of metaphor by the same metaphor plus sense| 1| 3. 03| Wrong translation| 2| 6. 06| Total| 33| 100| As evident in this table, Warner & Warner have neither translated any metaphors by simile plus sense, nor deleted any metaphor. The most frequently applied procedure in their translations was the reproduction of the same image in the TL. The translation of the Shahnameh produced by Warner & Warner is a semantic translation, which clearly proves the reason as to why their most frequently applied procedure is the one mentioned above. â€Å"A semantic translation attempts to recreate the precise flavor and tone of the original: the words are ‘sacred’, not because they are more important than the content, but because form and content are one† (Newmark, 1988a, p. 47). The analysis of the data also shows that Davis has applied all seven procedures introduced by Newmark in translating these items. There was no evidence of any wrong translation. The following table presents the frequency of each procedure which was applied and also their percentages. Table 4. 2. Frequency and percentage of procedures applied by Davis Procedure| Frequency| Percentage|. Reproducing the same image in the TL| 12| 36. 36| Replacing the image in the SL with a standard TL image| 3| 9. 09| Translation of metaphor by simile, retaining the image| 3| 9. 09| Translation of metaphor by simile plus sense| 2| 6. 06| Conversion of metaphor to sense| 6| 18. 18| Deletion| 2| 6. 06| Translation of metaphor by the same metaphor plus sense| 5| 15. 15| Total| 33| 100| As indicated in the table, the most frequently used procedure by Davis is also the reproduction of the same image in the TL. He has opted for deletion of the image metaphor of color in two cases. In one of the two cases, his deletion seems to serve the purpose of a more easy-going, reader-friendly text (where the metaphoric elements seem complex or far-fetched to the target audience), whereas in the other case, his deletion seems somehow arbitrary or unjustifiable. The following table compares the two translations in terms of the percentage of procedures applied. P1 through P7 are the seven translation procedures involved in this study, also indicated in the previous table, and WT stands for wrong translation. Table 4. 3. Percentage of the procedures applied by both translators | P1| P2| P3| P4| P5| P6| P7| WT| Total %| W. & W. | 69. 69| 9. 09| 3. 03| 0| 9. 09| 0| 3. 03| 6. 06| 100| Davis| 36. 36| 9. 09| 9. 09| 6. 06| 18. 18| 6. 06| 15. 15| 0| 100| 4. Conclusion Thirty-three cases of image metaphors of color were extracted from theShahnameh and relocated in two English translations, i. e. Warner & Warner (1925) and Davis (2007). The main objective of the study was to determine which translation procedures introduced by Newmark (1988a) for translating metaphors in general were applied by the two above mentioned translators. According to the collected and analyzed data, Warner & Warner applied five of Newmark’s suggested procedures. The two procedures they did not apply at all were deletion and translation of metaphor by simile plus sense. The figures indicated that approximately 70% of the thirty-three cases had undergone Newmark’s first procedure, i. e. reproducing the same image in the TL, which was also considered the most frequently used procedure by Warner & Warner. This is a verification that their translation is indeed a semantic translation, as the objective in this type of translation is to recreate the ST, both its form and its content. This occurs to a great extent through literal/word-for-word translation, which is rather similar to the above- mentioned procedure. Davis, on the other hand, applied all seven of Newmark’s procedures in his translation of image metaphors of color. The most frequently used procedure was again, a reproduction of the same image in the TL (36%). The second aim was to determine whether any new procedures for translating image metaphors of color other than those proposed by Newmark for translating metaphors resulted from this study.

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