The Edge of Land Law Lies Proprietary Estoppel Essay

The Edge of Land Law Lies Proprietary Estoppel - Essay Example As the paper highlights that the court ultimately determines whether it is conscionable for the owner of the land to go back on their representations. Unlike other estoppels, proprietary estoppel goes further and can be utilised as a tool to enforce or grant a property right de facto. Moreover, proprietary interest in land may be acquired in equity under estoppel without the need for writing and Cooke comments that â€Å"the courts have consistently, with very few exceptions, protected the claimant’s exceptions in interest when responding to estoppel, and protect individuals so far as it is possible and that they should continue to do so†. This study outlines that whilst the equitable justification for the doctrine of proprietary estoppel is clearly meritorious, the ad hoc development of the doctrine has been attacked, with some commentators labelling it as a â€Å"loose cannon†. The focus of this analyse is to critically evaluate the doctrine of proprietary estoppel and consider whether it has as the above statement become nothing more than an â€Å"amalgam of ideas rather than a deliberately constructed doctrine† in contemporary land law. The doctrine of proprietary estoppel was first recognised by the House of Lords in Ramsden v Dyson5, which involved a yearly tenant who had been led to believe that the landlord would grant him a 60 year lease on the property. On this basis, the plaintiff erected a building on the land, however the landlord refused to grant him the lease. The tenant brought a claim to enforce his rights in equity.  

Documenteries report Essay Example | Topics and Well Written Essays - 1750 words

Documenteries report - Essay Example me Shelter’ is presented in a riveting manner that shows the plight of women who have got pregnant while still at their homes and not married and the humiliation and rejection that they always meet at these families. It gives n insight of what can be done to these ladies who get pregnant in order to make them feel as parts of the communities that they are in (Rolling Stones, 1971). Through a lot of drama, the film shows how ladies often get rejected by their parents especially their mothers when they get pregnant and the tribulations they go through by the mere fact of their pregnancy. The question that these ladies usually meet includes the matter of whether to retain the babies or alternatively procure abortion in the midst of such kind of competing forces and rejection. Even after being involved in an accident and being admitted in hospital and subsequently being sheltered by the church, the tribulations of the Apple do not cease as her mother still pursues her while initially she seemed to have rejected her. Through the tribulation of pregnancy of Apple and other occurrences that occur to her life, we can easily see how a society can at times be unfair to those that are hitherto vulnerable in all aspects. For example, Apple is involved in a car crash at one point in her life, the doors to the shelters are at times locked, families that are unsupportive as well as social workers who fail to understand her predicament of nursing injuries and a pregnancy that has been rejected by her family. The film ‘Gimme Shelter’ therefore has the purpose of highlighting the plight of young girls who get pregnant and are in need of shelter after being rejected by their families and is not merely propaganda or mythology. Aside from showing the plight o f rejected pregnant girls and their quest for acceptance by the society, the film also she violence, shows the suffering suffered the violence, rape and the other forms of suffering that impede them from self actualization.

Reflective essay on social work

Reflective essay on social work Examine your own personal and professional development in relation to the values of social work. Introduction Social workers are usually motivated either by personal experience, something that has happened in their lives, or by a desire to see that people receive the kind of help that they need in times of crisis. I think that looking at these issues and trying to analyse what motivates you and what helps you to develop professionally are critical issues in social work training. This kind of examination spills over into a person’s professional practice because it helps the social worker to take more care when it comes to assessing a person’s need. This course has helped me to examine my own personal values as they relate to values issues during the course and also how this works out in my professional practice. In some respects values and ethics are interchangeable in this paper, in others values represent the more personal aspect and ethics the wider context. This need to think about my values and the values of social work, is making me into what Schon (1991) calls a reflectiv e practitioner. Shon’s work demonstrates how important it is for social workers to be reflective, to think about what they are doing and to refine their later actions. This reflection is extremely important when it comes to values and how values impact on the way you look at the world and relate to other people. This paper will look at my personal and professional development in relation to the values of social work. There will be an assessment of social values as they are found in the literature that I have looked at during the course. Finally I will evaluate the areas where I would like to develop both personally and professionally in relation to social work values. Personal and Professional Development and Values Issues I think that this course has helped me to assess what my personal values are, not just that they are inherited, but how they have become my own. I believe that this process is invaluable to my personal and professional development and to my understanding of issues to do with values. During my time on the course I have learned to think more deeply about what I do and to examine my own personal values and see how far they might be comparable to the values issues I have been studying. I have also learned that I constantly need to think about what I am doing and how far this agrees or conflicts with my basic values and the values of social work. Shon (1991) has argued that: Professionals claim to contribute to social well-being, put their clients’ needs ahead of their own, and hold themselves accountable to standards of competence and morality. But both popular and scholarly critics accuse the professions of serving themselves at the expense of their clients, ignoring their obligation to public service, and failing to police themselves effectively (Schon, 1991:11-12). The way in which social workers ‘police’ themselves is to think critically about what they are doing, why they are doing it, and what moral implications this may have. Certainly social work ethics does not lead me to believe that the social work profession should serve itself, rather the needs of the client should be most important. There should also be an early establishing of clear relationship boundaries as to great a personal involvement with a client is contrary to what the BASW has to say about social work ethics and values. One of things that I have learned during the course is that in higher education attention always has to be paid to the question of knowledge and what it is that makes knowledge. Since the Enlightenment it has been said that knowledge is drawn from observable facts (as in science) and this has meant that knowledge based on experience is not so highly thought of. The objective, scientific view of knowledge has increasingly been challenged as a narrow view that maintains there is a specific response to situations that a practitioner can employ and thus solve a problem. The Enlightenment view is one which tends to forget that people (both social workers and their clients) are individuals and so there is not one size that fits all, rather each situation has to be responded to in a way that best suits the situation and the people involved. Schon (1991) maintains that this knowledge is acquired through process or doing. It is a key part of reflective practice which recognises the importance of non-rational knowledge. Arguably this type of knowledge is invaluable to social workers because they deal with people and have to think about their relationship with others on a daily basis. Social workers are often faced with a conflict of values, on the one hand there is a particular client and situation and on the other there is an increasing need to satisfy bureaucracy by processing a case as quickly as possible. In a situation like this it is very easy to be governed by rules and procedures and particular theoretical approaches that may have little basis in reality. I am finding that good social work practice puts the needs of the client first and the rules and procedures second, particularly where they might contradict the values of social work. Social work, it would seem to me is based on a common sense of justice and on the basic worth of all human beings. Once this value is acknowledged and it is accepted that all human beings are valuable then the response has to be the one that best suits the situation and the people involved. I have been brought up to have respect for myself and other people and to tell the truth. I have found that if I try to understand my work from this basis which in the literature, is a human rights perspective, then not only am I being true to the values of social work, but I am being true to my own values. Cemlyn and Briskman (2003) argue that social workers who base their practice on concepts of human rights and social justice need to be more aware of how the inequalities that they see in society might affect their practice. Sometimes society and its rules are not always just, society does not always operate in the best interests of the individual person, furthermore, the fact that social care is now based on how well it operates in the market, means that the legal framework within which a social worker has to act may also (however much it is unintended) work against individual rights. In these cases, Cemlyn and Briskman (2003) believe that the social worker has a duty to be prepar ed to go outside of the immediate context and be ready to operate at a personal level from an ethical sense and decision making process that is informed by the valuing of the human person and the concept of human rights. In a contemporary context the notion of human rights is all encompassing, however much the present Government might try to restrict it in many cases. In social work, it is arguably the case that the values of human rights and social justice are different from Enlightenment ideas of human rights and justice.. They are more inclusive in that the concept refers to all people and in this sense they are more true. Such values, it has to be said, should not be at the mercy of a system which is more concerned with rules that are governed by budgetary concerns. Ring (2001) explains this process when he says that: The last two decades have seen an increasing emphasis on the performance of health and social services. This is attributable partly to central governments concern to ensure value for money and contain expenditure, but variations in the range, quality, and costs of care, and failures to protect vulnerable individuals have also been significant concerns (Ring, 2001:1).. Giving way to this means that those who actually need the social services, for instance the poor, or children at risk, or those with physical and mental disabilities, end up the losers and are pushed even further to the margins of society. Reading and Values Practical reflection Ruch (2002) contends makes a practitioner more open to new and different ways of coping with clients and their situations. Social workers also have to be aware of the more rational and theoretical approaches that underpin their work. I have learned from my reading about social values and social work that these things do not operate in isolation but are drawn together when I reflect critically on what I have read and what I am doing. I hope that the critical reflection which is a result of the above two processes means that I will work for the good of whatever client I may be dealing with and that I will be able to hold to the view that oppression is wrong. My reading on social values has taught me that as a social worker my practice should work against oppression. From an ethically informed perspective critical reflection should be a necessary part of social work training and practice because there is always a need to stop and think when you are dealing with peop le. In the same way, an emancipatory and anti-oppressive attitude is a critical component of ethical social work. When a practitioner is driven by target orientated structures then he/she does not have the time to think about what they are doing and to learn from the process. They can then, without meaning it, be drawn into unethical practice, or practice that works against the needs of the client. In this way they can end up violating their professional code of ethics if they are not careful. Social work practice that is based on heavily prescribed rules and actions is not equipped to deal with the complex nature of modern western society. In this way such practice is actually contrary to social work ethics as it neglects the fact that you are dealing with each client and situation on its on merits. Reflective practice, on the other hand, acknowledges the uniqueness of each human being and each situation that arguably makes it much more compatible with social work ethics. Who a person is, their life history their culture, their race, and their gender all affect how they act and judge in a given situation. When I reflect on my work it is a way of noticing where and if I am biased about something and how this affects and influences my perception of a given person or situation. Holding to my personal values and to the values of social work means that I have to get to know myself well. Self-knowledge is, or should be a necessary component in a social worker’s continuing development. Papell (1996) contends that: Social work learners must perceive the human situation which they confront in their practice and recognise that their perceptions are filtered through their own thinking and knowing processes, through their emotions and feeling processes and through the way they themselves integrate and regulate their own doing and behaving. Knowing the self is more than knowing how one feels. It is knowing how one thinks and acts (Papell, 1996:19). How far then, is a social worker being guided by even general ethical principles and his/her own social values, let alone a specific code of practice. Ethics are moral principles on which our behaviour is based and in that sense they are interchangeable with values such as telling the truth and valuing people. Ethical codes on the other hand, while they may be based on moral principles, are not as generalisable in that they refer to particular professions and the way in which professional behaviour is governed. Butler (2000) maintains that such ethical codes cannot be said to be neutral or value free because they have arisen in a particular context for a particular purpose and as such are influenced by the ideologies held in that context. The ethical code or code of practice as it is outlined by the British Association of Social Workers defines social work and the values inherent within the profession in the following way: The social work profession promotes social change, problem solving in human relationships and the empowerment and liberation of people to enhance well-being. Utilising theories of human behaviour and social systems, social work intervenes at the points where people interact with their environments. Principles of human rights and social justice are fundamental to social work (BASW,2001). [1] The Association maintains that ethical practice must be centred on the needs of service users Social workers of necessity intervene in people’s lives and have an influence on situations, ethical decision making is therefore a vital component of social work practice (Osmo and Landau, 2001). The Association is there to give advice to social workers on what constitutes ethical decision making in different contexts. Decision making has to be grounded in the values of ethics of social work. Some of the issues that social workers have to deal with and that involve them in ethical decision making centre around balancing the rights of one individual against others, around public welfare and issues of institutional and structural oppression. This can make life difficult because the social worker has then to identify when institutions and structures are being oppressive and how the values of social work may be used to combat this. Banks (2003) has argued that codes of practice and ethics are often idealistic that is to say that they are too far removed from the situation. Human rights for example might mean ensuring that someone has the right information to access the help they need, it is not always about large scale abuse. Codes of ethics can also encourage a false sense of security as they may be seen as providing a blueprint for how a social worker should act when it is impossible to legislate for every situation. Social workers need to be able to critically reflect on their own practice in order to act in an ethical manner in any given situation. Ethical codes are something that imposed from outside. This means that they do not have anything to say about a practitioner as a person and whether, and in what ways their personal values agree with or differ from the values of social work. It is here that reflection on practice is crucial. Without reflection on previous actions and how these might relate to the code of ethics the social worker could be at a considerable disadvantage in decision making and could either leave a child open to danger or infringe the rights of a possibly innocent client. Social work intervention if it is based on real social values cannot be allowed to be target driven if it is to be truly ethical and based upon notions of social justice. In some respects organisational and managerial ethos does not always fit well with the ideals of social workers and their practice and some councils are not so inclined to recognise the rights of service users. This can leave social workers with a dilemma, do they operate within a human rights framework or don’t they? Moral engagement with clients takes place at a personal level and Husband (1995) maintains that social workers should not feel themselves limited by codes that does not operate within a framework that is informed by human rights and social justice. Ife (2001) argues that within the context of social work practice a framework, and working perspective of human rights: †¦reinforces and validates the traditional understandings and practices of social work while in other cases it challenges some of the assumptions of the social work profession (Ife, 2001:1). Social Work Values and Continuing Personal and Professional Development While continuing professional development can tend to be outcome orientated in that the practitioner is attempting to reach a certain level of professionalism. This does not mean to say that reflective practice should be entirely forgotten and become totally process orientated. Rather, Postle et al. (2002) argue for a more inclusive approach of development where both outcomes and process are of equal value in the practitioner’s continuing development. This inclusive approach is achieved by reflecting on personal values and how far these can be said to be the same as social work values. I think my values are consistent with the values that underpin social work. I think that perhaps my understanding of how these values govern my behaviour and dictate how I deal with clients needs developing further. I also think that I need to pay more attention to what being reflective in my work really means and how this can be achieved. Conclusion Clearly social work values and social work practice have to be understood as two sides of the same coin. A social worker, I believe, cannot operate effectively without recognising how closely connected social values and the business of social work are. How we interpret those values, particularly if they appear to conflict with what is regarded as correct practice, needs careful thought and reflection. Our values may seem to remain constant but they do operate differently in response to different contexts and this is an area which I think needs further development. Adherence to a specific code of ethics and to social work values tends to imply that myself, and others learning to be social workers already possess a certain moral character and will thus act in accordance with specific values that take into account concern for the welfare of others whilst also having a concern for the self. I would hope that eventually this will truly be the case. Until such time, my values of truth and the worth of a person are very much in line with what I have understood about values in the course and what is contained in the literature. I hope that my engagement with social values during the course will lead me to develop into a more efficient, reflective, and ethically informed practitioner. 3000 words Bibliography Banks, S. 2003 From oaths to rulebooks: a critical examination of codes of ethics for the social professions European journal of Social Work Volume 6 No. 2 July 2003 p. 133-144 Barr, J and Steele, T. 2003 â€Å"Revaluing the Enlightenment: Reason and Imagination† Teaching in Higher Education 8 (4) October, 2003 pp.505-515 British Association of Social Workers (2002) The Code of Ethics for Social Work.http://www.basw.co.uk/. Butler, I 2000. A Code of Ethics for Social Work and Social Work Research http://www.elsc.org.uk/socialcareresource/tswr/seminar6/butler.htm Cremlyn, S and Briskman L. 2003 â€Å"Asylum, Children’s Rights and Social Work† Child and Family Social Work 8 (3) pp. 163-178 Gardner, F. 2001 â€Å"Social Work Students and Self-awareness: How does it happen† Reflective Practice 2 (1) 2001 pp.27-40 Husband, C. (1995) The morally active practitioner and the ethics of anti-racist social work. In: Ethical Issues in Social Work (eds R. Hugman D. Smith), pp. 84–103. Routledge, London Ife, J. (2001) Human Rights Social Work: Towards Rights-Based Practice. Cambridge University Press, Cambridge Papell, C. (1996) Reflection on issues in social work education in: N. Gould I. Taylor (Eds) Reflective Learning for Social Work (Aldershot, Arena). Postle, K. Edwards , C. Moon, R. Rumsey, H. Thomas, T. 2002 â€Å"Continuing professional development after qualificationpartnerships, pitfalls and potential† Social Work Education Volume 21. No. 2 1st April 2002 Ring, C. 2001 â€Å"Quality assurance in mental-health care: A case study from social work† Health and Social Care in the Community 9(6) 2001 pp. 383-390 Ruch, G 2002 â€Å"From triangle to spiral: Reflective practice in social work education, practice and research† Social Work Education Volume 21 no. 2 2002 Ruch, G. 2000 â€Å"Self and social work: Towards an integrated model of learning† Journal of Social Work Practice Volume 14, no. 2 November 1st 2000 1 [1] http://www.basw.co.uk/articles.php?articleId=2page=2

We Must Strive to Protect Privacy in Technology Essay -- Argumentative

We Must Strive to Protect Privacy in Technology Technology is getting more and more complex as the years come and go. The availability of personal information is easier to access and the risk of it being tampered with is also high. As the years pass, the threat of privacy invasion gets greater and greater and easier to happen. There are several ways that privacy is able to be invaded and there will only be more to come. Americans have had their personal information given away without even knowing it. From dozens of public and private sources that have created consumer profiles, â€Å"the average American is profiled in up to 150 commercial databases† (Hinds 7). People are trying to â€Å"prohibit collection of personal information on the internet without consumer authorization† (Hinds 9). This is a very difficult thing to have happen, but it is a goal of several people who feel the same way. The amount of technology that is able to raid privacy is growing. â€Å"Every day millions of ordinary people are subject to a variety of technologies that invade their privacy† (Regan 1). Even in ...

Stop Thief!

It was Christmas, the mall was pretty vivid and splashy, there were all sorts of ornaments hanging around the mall. As I moved from shop to shop, I saw beautiful new fashioned clothes, iPods, wooden antiques, decoration items and Santa of course. Different types of Christmas cards, greetings, bouquet, and box of chocolates, teddies and Santa costumes were displayed on every corner waiting to be sold out. This was my first trip to Canada and I was really enjoying the every cold chilli weather of the country.I was about to travel the following day to my uncle who had shifted there 15 years ago. And I was really very eager to see my cousins for the first time. As I was walking through the mall when I just saw what I was waiting for, a shop decorated with fine beautiful painting perfect for a beautiful house like my uncles one, I looked at the paintings and then I looked to the money in my purse which I had been saving for 2 years I wanted to buy one for my uncle so that he says â€Å"O h! Dear how sweet of you†¦!†Suddenly, breaking into my day dreams a boy of 24 or so just like my big brother suited in a detective uniform with black hat, and black glasses, his face covered came running past me shouting â€Å"stop him, catch him don’t let him go† and tripped at my feet. I said sorry to him and gave him a hand to get up, he got up and gave me a slight push and I felt something tickle down my purse as he wiped his clothes and kept running I thought for a while that are all Canadians manner less that they run away without even saying a â€Å"Thank You†.I then just dismissed the subject and forgot about it and kept walking thinking to buy the painting I was looking forward to and some winter clothes to help me stay alive here in this cold, as I entered a shop I took the perfect jeans and some winter clothes thinking I would next buy the painting, I went happily to the counter waiting for the bill to be given to me when I got the amount I was not really shocked because that amount was not much but when I looked to my purse I was more shocked when I looked inside, the zip was open and the money was gone I had no hope now that I would find it again.

Ancient Egyptian Culture and Its Influence on Poetry Essay

Cultured and socially structured, Ancient Egypt was a civilization highly advanced for its time. The Nile River provided the gift of fresh water allowing the surrounding land to be settled. Its yearly predictable flooding created fertile soil for farming. This was the perfect environment in which Egyptian society would prosper. Egypt was equipped with all the amenities of a modern society including people who married, had children, practiced religion, and even had festivals with food, beer, music and dancing. All that is known about ancient Egypt is a result of the hieroglyphic carvings of the Great Pyramid walls and on tombs of dead. Originally from the Book of The Dead, â€Å"The Chapter Of Changing Into Ptah† was and remains a significant†¦show more content†¦The first stanza contains a total of nineteen lines and is composed of three common literary themes, change, culture and religion. The chapter is about the speaker changing into Ptah who is the â€Å"lord of life, he conceived the elements of the universe with his heart and brought them into being with his tongue†(Rothenberg 524). Activities such as dancing, music and various religious festivals or gatherings were common sources of entertainment. Especially crucial to the culture and society of ancient Egypt was beer, also known as the drink of Egypt. All social classes were allowed to consume beer, man or woman. Bread was also of cultural importance because it was one of the main components of the ancient diet and often was presented in the hieroglyphics next to beer. In lines one and two â€Å"I eat bread / I drink ale.(1-2)†, the reader becomes aware of the significance of beer and bread within this culture. At the end of the first stanza the reader knows that a man is speaking of his attendance at the festival of a Great God. The theme of power begins to prevail; â€Å"All that is abominable, all that is abominable I will not eat. / Shit is abominable, I will not eat it. / All that is abominable to my Ka (double personality) will not enter my body.(7-9)† extreme emphasis on the fact that nothing inferior will be consumed by him is presented trough anaphora. The combination of refusing to eat anything abominable and the statements, â€Å"I will live on what the GodsShow MoreRelatedAncient Egypt And Ancient Egyptian Culture2322 Words   |  10 Pages The Egyptian culture has long been considered quite optimistic. It should be argued that of all ancient civilisations and cultures, the ancient Egyptian culture, is by far the most optimistic; in terms of everyday outlook on life, religion and death. The ancient Egyptian culture when compared to its nearby neighbours in the Levant and Mesopotamia is indeed optimistic. 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The Devil and Tom Walker Summary and Study Guide

Washington Irving, one of early Americas greatest storytellers, was the author of such beloved works as Rip Van Winkle (1819) and The Legend of Sleepy Hollow (1820). Another of his short stories, The Devil and Tom Walker, is not as well known, but it is definitely worth seeking out. The Devil and Tom Walker was first published in 1824 among a collection of short stories called Tales of a Traveller, which Irving wrote under pseudonym Geoffrey Crayon.  The story appropriately appeared in a section called Money-Diggers, as the tale chronicles the selfish choices of an exceptionally stingy and greedy man. Historical Context Irvings piece is a relatively early entry into the many literary works considered Faustian tales—stories depicting greed, a thirst for instant gratification, and, ultimately, a deal with the devil as the means to such selfish ends. The original legend of  Faust  dates to 16th-century Germany; Christopher Marlowe then dramatized (and popularized) it in his play The Tragical History of Doctor Faustus, which was first performed sometime around 1588.  Faustian tales have been a hallmark of Western culture ever since, inspiring the major themes of plays, poems,  operas, classical music, and even film and television productions. Given its dark subject matter, it is unsurprising that The Devil and Tom Walker sparked a fair amount of controversy, particularly among the religious population. Still, many consider it an exemplary piece of narrative writing and one of Irvings finest stories. In fact, Irvings piece triggered a rebirth of sorts for the Faustian tale. It is widely reported to have inspired  Stephen Vincent Benets The Devil and Daniel Webster, which appeared in The Saturday Evening Post in 1936—more than a century after Irvings story came out. Plot Summary The story opens with the tale of how  Captain Kidd, a pirate, buried some treasure in a swamp just outside Boston. It then jumps to the year 1727, when New Englander Tom Walker happened to find himself walking through this swamp. Walker, explains the narrator, was just the kind of man to jump at the prospect of a buried treasure, as he, along with his wife, was selfish to the point of destruction. While walking through the swamp,  Walker comes upon the devil, a great black man carrying an ax, whom Irving calls Old Scratch. The devil in disguise  tells Walker about the treasure, saying that he controls it but will give it to Tom for a price. Walker agrees readily, without really considering what he is expected to pay in return—his soul. The rest of the tale follows the twists and turns one might expect as a result of greed-driven decisions and deal-making with the devil. Main Characters Tom Walker Tom Walker is the protagonist of the story. He  is described as a meager miserly fellow and is probably Irvings least likable character. However, despite his many unsavory characteristics, he is memorable.  Walker is often compared to Faust/Faustus, the protagonist of the legend that has inspired countless works throughout literary history, including Marlowe, Goethe, and more. Walker's wife Walkers wife is such a minor character that her name is never given, but she can be likened to her husband in her miserly nature and volatile temper. Irving describes: Toms wife was a tall termagant, fierce of temper, loud of tongue, and strong of arm. Her voice was often heard in wordy warfare with her husband, and his face sometimes showed signs that their conflicts were not confined to words. Old Scratch Old Scratch is another name for the devil. Irving describes: It is true, he was dressed in a rude, half Indian garb, and had a red belt or sash swathed round his body, but his face was neither black nor copper color, but swarthy and dingy and begrimed with soot, as if he had been accustomed to toil among fires and forges. The actions of Old Scratch are similar to other Faustian tales in that he is the tempter who offers the protagonist riches or other gains in exchange for their soul. Major Events and Setting The Devil and Tom Walker may be a short story, but quite a bit takes place in its few pages. The events—and the locations in which they take place—really drive the overarching theme of the story: avarice and its consequences. The events of the story can be divided into two locations: Old Indian Fort Tom Walker takes a shortcut through tangled, dark, and dingy swamplands, which are so dark and uninviting that they represent hell in the story. Tom meets the devil, Old Scratch, at an abandoned Indian fort hidden away in the swamplands.Old Scratch offers Tom riches hidden by Captain  Kidd in exchange for certain conditions. The conditions are, of course, that Walker sells his soul to him. Tom initially rejects the offer, but ultimately agrees.Toms wife confronts Old Scratch. She goes into the swamplands twice, hoping that Old Scratch would make a deal with her instead of her husband. Toms wife absconds with all of the couples valuables for the second meeting, but she disappears into the swamplands and is never heard from again. Boston Bolstered by the ill-gotten riches offered by Old Scratch, Walker opens a brokers office in Boston. Walker lends money freely, but he is merciless in his dealings and ruins the lives of many borrowers, often repossessing their property.A ruined speculator asks for a debt he owes to Tom to be forgiven. Walker refuses, but the devil rides in on a horse, easily sweeps Tom up, and gallops away. Tom is never seen again. After that, all the deeds and notes in Walkers safe turn to ash, and his house mysteriously burns down. Key Quotes The legend of a man who sells his soul to the devil and its devious consequences has been retold many times, but Irvings original words truly reveal the story. Setting the scene: About the year 1727, just at the time when earthquakes were prevalent in New England and shook many tall sinners down upon their knees, there lived near this place a meager miserly fellow of the name of Tom Walker. Describing the protagonist: Tom was a hard-minded fellow, not easily daunted, and he had lived so long with a termagant wife, that he did not even fear the devil. Describing the protagonist and his wife: ...they were so miserly that they even conspired to cheat each other. Whatever the woman could lay hands on she hid away: a hen could not cackle but she was on the alert to secure the new-laid egg. Her husband was continually prying about to detect her secret hoards, and many and fierce were the conflicts that took place about what ought to have been common property. Laying out the potential moral consequences of greed: As Tom waxed old, however, he grew thoughtful. Having secured the good things of this world, he began to feel anxious about those of the next. The communitys state of mind regarding the death of Walker and his wife: The good people of Boston shook their heads and shrugged their shoulders, but had been so much accustomed to witches and goblins and tricks of the devil in all kinds of shapes from the first settlement of the colony, that they were not so much horror struck as might have been expected. Study Guide Questions Once students have had a chance to read this classic tale, test their knowledge with these study questions: What is important about the title? Had you ever heard a similar phrase before reading the story?  What are the conflicts in The Devil and Tom Walker? What types of conflict (physical, moral, intellectual, or emotional) do you see?Who was Faust (in literary history)? How could Tom Walker be said to have made a Faustian bargain?How does greed factor into this story? Do you think the Walker familys financial situation plays a factor in their choices?  Ã‚  What are some themes in the story? How do they relate to the plot and characters?  Compare and contrast Tom Walker with Scrooge in A Christmas Carol by  Charles Dickens.Is Tom Walker consistent in his actions? Is he a fully developed character? How? Why?  Do you find the characters likable? Are the characters persons you would want to meet?  Why or why not?Discuss some of the symbols in The Devil and Tom Walker.  How are women portrayed in this story? Is the portrayal positive or negative?  Ã‚  Does the story end the wa y you expected? How did you feel about the ending? Was it fair? Why or why not?  What is the central or primary purpose of the story? Is the purpose important or meaningful?  How essential is the setting to the story? Could the story have taken place anywhere else?  What supernatural or surprising events are employed by  Washington Irving? Are these happenings believable?  How do you think Irvings Christian  beliefs impacted his writing?  Ã‚  What would you trade your soul for?  Do you think Tom and his wife made the right choice?