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Gulf Carriers Destabilise Alliances
With much function, Qatar Airways turned into the first of the enormous Sulfated c aeries to enter a worldwide carrier partnership by joinin...
Tuesday, December 31, 2019
Pascal Definition (Pa Unit)
A Pascal is the SI unit of pressure. A Pascal is equal to a force of one newton per square meter. 101325 pascals 1 atmosphere. 105 pascals 1 bar. The abbreviation for the Pascal unit is Pa.
Monday, December 23, 2019
War I And World War II - 1264 Words
During any war, there will alwaAys be alliances made which stick even after the war has been dissolved. Postwar foreign policy after wars such as World War I and World War II was complicated and both had their similarities and differences from each other. World War I (WWI) strengthened our international relations with many countries, It also deteriorated some relations as well and set the stage for America becoming a great power. World War II (WWII) had some of the same effects, solidating our bond with the Allies and breaking others, but also it had many differences. Our post-war foreign policy after WWI consisted of alliances, power, money, and enemies. After the war, our relations with England and France mainly were strengthened.â⬠¦show more contentâ⬠¦Our policy with Germany greatly shifted because after the war germany was seen as unable to govern their country, therefore the USSR took control of East Germany and France, England, and America took control of West Germany. The Economy was greatly affected as well. Americaââ¬â¢s economy increased dramatically, due to the amount of factory jobs and amounts of production for the war. But Japanââ¬â¢s economy plummeted due to the loss of their land in china and many of the islands in the Pacific Ocean and the effects of getting two cities destroyed due to the new found nuclear bombs. All these reactions influenced our foreign policy and caused us to be where we are now. Both wars caused great shifts in this world and molded it to be where it is now. WWI and WWII both had many of the same post-war effects and caused great changes. They shared the display of Americaââ¬â¢s power, brought us and England and France closer together, Boosted and Destroyed economies and much more. They both had differences too such as, WWI destroying Germanyââ¬â¢s economy instead of splitting it up into two different countries. And WWII having the effect of new nuclear power, and the effects on the Pacific as well as Europe. Many differences and similarities were shown in these two major wars and brought us here. Both WWI and WWII were similar and different in their postwar foreign policy effects.Show MoreRelatedThe War I And World War II1660 Words à |à 7 Pagesin thehistory of the world were World War I and World War II. World War I occurred from 1914 to 1918. World War I was caused by militarism, alliances, nationalism, imperialism and assassination (MANIA). The first four causations were more of a build-up to it. Then, once the Arch-Duke Franz Ferdinand was assassinated, the buildup was sparked. This can be compared to pouring gasoline on the ground and then lighting it on fire. World War II occurred from 1939 to 1945.World War II was caused by the discontentRead MoreThe War I And World War II944 Words à |à 4 PagesFrom piles of bodies in no manââ¬â¢s land to Jewish death camps, the level of violence found within World War I and World War II was extreme even for wartime standards. Th ese experiences shaped generations to come through the memories passed on by those who lived through such atrocities. Both Ernst Junger and Art Spiegelman carry on these memories through the book Storm of Steel and graphic novel Maus. Their pieces both give glimpses into the lives of the past and the violence in which those individualsRead MoreThe War I And World War II911 Words à |à 4 Pages There are many countries in the world that have a great history. Their antiquity benefited them in one way or another. One of these nations is France, which is known to have glorious events in the past. These events have made France the way it is now. For example, World War I, and World War II. However, these events were not the only thing that had a major role in Franceââ¬â¢s history some people are involved as well, such as Napoleon Bonaparte I and Louis Napoleon III. Those two men controlled FranceRead MoreWar I And World War II1517 Words à |à 7 PagesThroughout history the United S tates has been involved in many different wars. Their involvement has brought forth many significant events and changes that have affected the American way of life. I will briefly discuss the events and the United States involvement in World War I and World War II. I will give a brief overview of both wars and explain exactly how and why the United States joined in each. The term First World War was first used in 1914 by Ernst Haeckel, who stated that, there is noRead MoreWar I And World War II919 Words à |à 4 Pageshistorians debate rather World War I and World War II were two different parts to the same war or if they are separate and distinct wars. Even though World War I and World War II were very different wars, and there were many years in between the two, the outcomes of World War I caused for World War II to happen because of unresolved issues. World War II is a continuation of World War I. World War I lasted four years and was the first total war in history. Before World War I Europe was doing well theyRead MoreThe War I And World War II1930 Words à |à 8 PagesSUMMARY OF WARS Humanity was forever changed after the wars of the 20th century. World War I and World War II are known for the millions of military and civilian lives they took away. Horrific words such as concentration camps, slave labor and genocide are linked to the wars. They are also credited to causing nations to rapidly come up and develop brilliant new inventions, warfare tactics and revolutionary ideas that are still playing intricate roles in modern day societies. Both of these wars were accreditedRead MoreWar I And World War II771 Words à |à 4 Pagessought to stay out of both World War I and World War II only to be pulled in by intense happenings that inflicted chaos on the nations people. World War II would be a time in American history that would bring many fresh war tactics and developments, that helped to pull a depraved nation from the depths of a depression as well as pledge the freedom and prosperity of its opposing nations. Dangerous discoveries will be made in the world would be left to be governed by two world powers. Hoping to remainRead MoreThe War I And World War II Essay1639 Words à |à 7 PagesThe ââ¬Å"Thirty Years Warâ⬠World War I and World War II are the largest military conflicts in history. In 1919, Europe attempted to reconstruct the damage left by WWI. After WWI, with the Treaty of Versailles, Germany was left destroyed and destabilized, which eventually laid out the foundation for WWII. The harsh terms of the Treaty of Versailles led to the aggression of Germany. The Treaty of Versailles was supposed to bring about peace, but Marshall Foch, generalissimo of the Allied Armies in FranceRead MoreWorld War I And The War II1518 Words à |à 7 PagesWorld War II was a war that ended in much tragedy. There were over 60 million casualties. Throughout World War II there was how it started, the Nazi Regime, and some of the major battles. Much of the war was about the Germans bringing together a group of people called the Nazis. They were under the rule of Adolf Hitler. There were two groups fighting against each other: the Axis powers and the Allied powers. The Axis powers consisted of Japan, Italy, and Germany. The Allied powers were GreatRead MoreThe War I And World War II1191 Words à |à 5 PagesIntroduction During World War I and World War II life back home changed excessively. When the soldiers went to fight in World War 1 and World War 2, women and children had to replace men in the workforce. There was an increase in those affected by the trauma of the wars, and the birth-rates dropped during this time. Family Families were affected by the trauma and exposure of the war, causing mental illnesses such as depression. Young children had been exposed to the trauma of war. A great deal of pressure
Sunday, December 15, 2019
Night Creature Crescent Moon Chapter 35 Free Essays
ââ¬Å"Oh, my God. Oh, my God.â⬠I couldnââ¬â¢t stop muttering, couldnââ¬â¢t stop staring. We will write a custom essay sample on Night Creature: Crescent Moon Chapter 35 or any similar topic only for you Order Now How could this be? Iââ¬â¢d touched Adam with silver. He hadnââ¬â¢t minded. The thing in the cage appeared mad, throwing his body against the metal, trying to chew a way out. Blood marred the white spittle dripping from his snout. Maybe the wolf was rabid after all. ââ¬Å"Thatââ¬â¢s not a wolf,â⬠I whispered. Absently I shoved the key into my pocket, and my fingertips brushed the gris-gris. The animal howled as if in pain and began to change. The transformation was something from a horror film; at first my mind refused to accept what my eyes couldnââ¬â¢t help but see. The sleek, dark fur receded, becoming shorter and shorter as if it were being sucked through the skin. Paws became feet at the ends of legs and hands at the ends of arms. The claws evaporated the same way the fur had. The neck twisted; the spine lengthened; the animal moaned. Going from quadrapedal to bipedal couldnââ¬â¢t feel good. His snout shortened, dividing into nose and mouth as the canine teeth shrank. The tail disappeared with a thick, wet thunk. The eyes remained the same. Inside the cage stood a naked Adam Ruelle. He didnââ¬â¢t appear upset to be revealed a monster. Didnââ¬â¢t seem to care he was in his altogether for the world to see. In fact, he seemed to like it, or maybe, if the size of his erection was any indication, he liked me. What he didnââ¬â¢t like was the cage. He slammed both hands against the bars and growled, ââ¬Å"Let me outâ⬠I shook my head. I couldnââ¬â¢t speak. ââ¬Å"Goddammit, bitch, set me free!â⬠I blinked. That didnââ¬â¢t sound like Adam. Of course, what did I know? Iââ¬â¢d believed him when he said he wasnââ¬â¢t the loup-garou. He tilted his head to stare at the crescent moon. ââ¬Å"How did you do it?â⬠ââ¬Å"D-do what?â⬠ââ¬Å"Make me shift.â⬠His voice was heated, his gaze anything but. Staring into his eyes, I was reminded of Lazarus ââ¬â cold-blooded and empty of emotion. This man would kill without flinching and forget about it before the blood dried on the ground. The Adam I knew wasnââ¬â¢t exactly warm and fuzzy, but he wasnââ¬â¢t evil. Or maybe Iââ¬â¢d just been too busy getting my brains screwed out to notice. My hand ached from clutching the gris-gris. I glanced down, opened my fingers, and understood. Iââ¬â¢d been unable to see the truth until magic cleared my eyes. ââ¬Å"I ran as a wolf under de crescent moon. I have no choice.â⬠I lifted my gaze. ââ¬Å"The curse.â⬠ââ¬Å"Oui. But I become a man when I choose, or when de sun comes.â⬠He swept a hand down his body. ââ¬Å"This was not my choice.â⬠I folded my fingers around the gris-gris. I had asked for the truth. ââ¬Å"Why you lock me up like this?â⬠he whispered. ââ¬Å"You know Iââ¬â¢d come to you in de night. I like to hear you scream when I fuck you. You didnââ¬â¢t have to put me in a cage.â⬠I winced at his language and the thought Iââ¬â¢d been sleeping with a monster. Iââ¬â¢d believed myself in love with him, had begun to imagine a life together. I was a fool. ââ¬Å"Let me go, and Iââ¬â¢ll do you right here.â⬠He took himself in his hand and pumped, then moaned a little. The sound was more of a growl and marched along my skin like biting red ants. ââ¬Å"Iââ¬â¢ve been imagining such things, Diana. You, me, this way and that. Have you ever wanted to mate with a beast?â⬠My eyes widened. I couldnââ¬â¢t speak. Adam seemed like a completely different man. Was he possessed by Satan under the crescent moon? Apparently. ââ¬Å"Iââ¬â¢ll shift again. Itââ¬â¢ll be doggie style like youââ¬â¢ve never had before. And if you make me howl, I wonââ¬â¢t even kill you tonightâ⬠I took a step back and he smiled. Were his teeth growing longer along with his ââ¬â ? I yanked my gaze away, but not before he saw my unease and smirked. ââ¬Å"With de flower I marked you as mine.â⬠How could that be? Adam had taken the fire irises away from me, thrown them into the swamp, told me not to pick them again. Was he schizophrenic? That would make a certain kind of sense. Iââ¬â¢d read all of Simonââ¬â¢s research into lycanthropy. Many psychiatrists and other physicians believed the historical reports of werewolves stemmed from the behavior of the insane. Back then mental illness was labeled possession. I stared at Adam, locked in a cage. I could understand the theory. ââ¬Å"I watched you whenever I could. De others knew you were mine to keep or kill.â⬠I guess I hadnââ¬â¢t been crazy when Iââ¬â¢d heard more than one wolf in the swamp, seen slinky shadows hi town. History often repeated itself, and one of its great lessons is that evil loves to beget evil. ââ¬ËI wanted to be inside you that first night,â⬠he continued, ââ¬Å"but de crescent moon called. I had to make do with a few touches.â⬠No wonder Iââ¬â¢d had such an erotic dream at the hotel on Bourbon Street My skin went clammy at that memory and several others. ââ¬Å"Set me free. Iââ¬â¢ll get out sooner or later. But if itââ¬â¢s later, youââ¬â¢ll pay. I will do tilings you never imagined. I will keep you alive forever. You will beg to die, Diana, and I will never let you go.â⬠I wasnââ¬â¢t stupid. If I let him out now, obsession or no, heââ¬â¢d kill me. I rubbed my thumb over the outline of the key in my pocket. If I had my way, he would never see freedom again. ââ¬Å"I have to get back to de boy,â⬠he whispered. ââ¬Å"He expects me come morning.â⬠Black dots danced in front of my eyes. Luc. How could I have forgotten? I couldnââ¬â¢t connect the man whoââ¬â¢d so tenderly held his son, who had refused to allow me near him lest the boy be hurt when I left, to the one who spoke so calmly of both killing and fucking me. Definitely possessed by Satan. Without another word, I walked away. Adamââ¬â¢s voice followed me down the trail: ââ¬Å"What de hell? You think you can leave me here?â⬠ââ¬Å"Just did,â⬠I muttered. ââ¬Å"I will kill you!â⬠ââ¬Å"Redundant.â⬠ââ¬Å"I will tear out your guts and strangle you with them. I will drink your blood; I will bathe in it.â⬠ââ¬Å"Original.â⬠And pretty scary. Nevertheless, I had to get to Luc and take him away. I ran all the way back to the mansion, grabbed my stuff, and tossed everything into the trunk except the dart gun, Cassandraââ¬â¢s knife, and my cell phone. Those I placed on the front seat. I stared at Adamââ¬â¢s pistol for a second, then realized he wouldnââ¬â¢t have helped me out by loading it with silver, and left the thing in the trunk. Around my waist I secured a fanny pack with my money and travel documents. As I climbed behind the wheel, a howl rose toward the descending moon. Uneasy, I glanced at the swaying swamp. That had sounded close. I floored the accelerator, spewing grass and dirt until I fishtailed onto the highway. Then I used one hand to dial Frank. Since it was the middle of the night, I wasnââ¬â¢t surprised when his machine answered. ââ¬Å"Your loup-garou is confined in a cage in the swamp about a mile east of the Ruelle Mansion,â⬠I said. ââ¬Å"If you have a problem finding him, call Detective Conner Sullivan and have him take you to the place where Charlie died.â⬠I hung up and muttered, ââ¬Å"The first time.â⬠I didnââ¬â¢t consider where I was going, what I was doing, or how I would hide from Adam for the next fifty years. I focused all my attention on getting to Luc and getting him gone. The moon was nearly down; the sun would soon be up. I parked in front of Adamââ¬â¢s trailer. Iââ¬â¢d walked halfway to the door before I went back and grabbed the knife. ââ¬Å"Better safe than sorry,â⬠I murmured, and tucked the weapon into the pack at my waist I decided to make that my mantra. A few seconds later, hand poised to knock, mind occupied constructing a stupendous lie for Sadie, the babysitter, I hesitated, then tried the doorknob. The door swung inward without a sound. After glancing over one shoulder, then the other, I scampered inside. Iââ¬â¢d been bent on doing anything it took to get to the child and then kidnap him, but strolling into a house uninvited made me uncomfortable. I crept down the hall. In the first room, Sadie slept on the bed. I pulled the door shut and moved on to the room illuminated by a night-light. A gaggle of boy toys ââ¬â a football, a bat, a deck of cards that appeared to have been the victim of fifty-two pickup ââ¬â were strewn across the floor, as well as several dirty T-shirts and a dozen smelly socks. Luc lay on top of the covers, arms and legs flung apart with wild abandon. I let out the breath Iââ¬â¢d been holding in a rush and Lucââ¬â¢s eyes snapped open. He must have been a real treat to get down for a nap as a baby. I put my finger to my lips, and he grinned as I hurried across the floor to kneel at his side. Before I could speak, he flung his arms around my neck and hugged me. What I wouldnââ¬â¢t give to be able to trust like that. After this, I probably never would. ââ¬Å"Weââ¬â¢re going on a trip,â⬠I whispered. ââ¬Å"Do you have a suitcase?â⬠ââ¬Å"You and me and Daddy?â⬠he whispered back. ââ¬Å"Just you and me.â⬠ââ¬Å"Is that OK with Daddy?â⬠ââ¬Å"No,â⬠said a familiar voice from the door. How to cite Night Creature: Crescent Moon Chapter 35, Essay examples
Saturday, December 7, 2019
Contract Law Networked Knowledge
Question: Discuss about the Contract Law for Networked Knowledge. Answer: Introduction: Consideration is the benefit which is enjoyed by both the parties or what they expect to get from the contractual relation they enter in. For a contract to be valid in the promise so made there must be a consideration present, or may be payment of some kind to the promisor for the promise so made. In our example here Jane offers to give Lotus Sports Car to Jack but here Jane hasnt asked Jack any amount in return. So, it will be an act of gift as there is no consideration from the promise to the promisor. Suppose if a friend offers a gift to another without asking any in return- the arrangement so made will not be termed as a contract because the friend did not ask something or a pay in return for the promise so made. Similarly, in our case Jane offered the car whereas she didnt ask any money in return for the car. Here there is no consideration that is moving from Jack to Jane . A contract is based on exchange of promises but here the promise is moving from only one side . Here one party will get the benefit but the other party will not be in a detriment position. So this is a case of gift and law does not see gift as a contract unless it is made under a deed. So the contract is not enforceable by law because by the law of contract there is no bilateral contract and no return consideration from the promisee to promisor. For example , if my uncle promoises to give me money to buy a house , without anything in return , then it is a promise to make a gift. And I cannot force or sue my u ncle to enforce the contract as the contract is without consideration and not enforceable by law. The law states that it is not necessary for a contract to be adequate but it has to be sufficient. It means that the consideration should be of some value, whether it is appropriate or not to complete the contract. The court will see in the matter whether there is exchange of value and will term it as adequate only when they have agreed to enter into the contract readily and without any force. The court is not affected by whether the parties have received equal value or not. We will see an example case of White v Bluett, where Bluett sued his fathers will for an outstanding debt of his father and he claimed that he was promised by his father that it would be returned to his son. In exchange his father asked his son to stop complaining. Here the Court held that the consideration was not real as it didnt have any economic value in return for the promise and regarded the son still liable for the debt. The exchange of promise must be tangible for the contract to be legally enforceable. In the case of Thomas v Thomas(1842) , here the case was to give a house on rent for Euro 1 p.a and also to keep the premise in good condition. Hence it was seen by the court that the payment and promise to keep the house in a good condition was considered to be a consideration for the contract and made it legally binding. Though the payment was not adequate but it was still sufficient for the binding contract. It is not necessary that there must be full return.Even in our case Jane offered to sell his Lotus sports car 7 for $2500 instead of $25000. This contract was considered to be legal though the amount was not adequate. In such situatuion the contract is enforceable by law because though the amount is not adequate but there is some monetary value in returm. And also, they case may be that such amount might be sufficient for the party. Here the court is not responsible to see if the parties made a good or a bad bargain or whether they received equal value or not. Hence, the contract is valid and enforceable by law. Consideration is the price which the promisor asks from the promise in exchange for the promise made by them.In every valid contract there is a change in the position of both the party one party receives a benefit and the other suffers a detriment. The consideration must move from the promisee to the promisor at the request of the promisor. In our case, Jane offers to sell her Lotus sports car 7 to Jack at the value of $25000. Also, the market value is same. Hence, it is a valid consideration.The consideration needs not be past ,but it can be present or future. In our case the consideration is present . The consideration has to be real and not illusionary. For example, A promised to pay $200 extra to a doctor if he operates his son succesfully. This consideration is illusionary and not real as the doctor is already bound to perform his duty. In our case we see that all the legalities of the consideration exist in this offer and thereby we see that it is a valid contract. The consideration has to move from the promisees end to the promisor. We will see the case of Tweddle vs Atkinson (1861) a couple got married. The father of the groom and the brides father made a contract that they will both pay a sum of money to the couple as a blessing from their end. First, the brides father died and after some day when the grooms father thought os suing he also died and therefore could not sue for the contract made.Then, the groom made a claim against the wills executor. Here the final verdict was that the groom was not entitle to enforce the contract as neither he was a party to the agreement nor he made the contract and also the consideration did not move from his end. In our case the consideration will move from Jack to Jane thereby satisfying the essentiality of the validity of contract. Consideration is a benefit that they expect to receive when two parties enter into a contract or the benefits they enjoy by entering into such contracts. The law states that the promisee must provide some consideration to the promisor for the promise made and for the agreement to be binding. Past consideration is not enforceable by law. If an act has already been performed then by the reference to that act any subsequent payment will not be enforceable as per the law. If a person has an obligation to do an act in question then the promise of doing it or actually doing it will not be regarded as consideration for an additional payment. Economic Duress -Duress is a situation when one party exerts illegitimate pressure on another party which is in a weaker position to enter into an contract. To prove that there is an economic duress a party has to prove three points which are : There was a continuous ongoing contract between both the parties. 1. The defendant threatened to terminate the pre existent contract and which would duly affect the plaintiff position. 2. Under the duress by the defendant the weaker party has agreed to enter the contract with the changed terms and conditions. There are two elements by which duress is easily identified: 1. Absence of choice 2. Illegitimate pressure. We will refer to one more case to understand economic duress the case of Occidental Worldwide Investment v Skibs(The Sibeon the Sibotre) In this case the defendant was to buy two charters from the plaintiff. The defendant falsely told the other party that they were about to become insolvent if the other party did not lower the cost of the charter. This was an untrue statement. The claimant already owed a huge amount of money from the other party and they thought that if they did not lower the cost then the company would become insolvent and they would lose their money. So they renegotiated the contract and lowered the price according to the defendant. However, later on they decided to to set aside the contract. The judgement in this case was that though the contract would be voidable due to economic duress but this was not in this case Here there was no coercion to enter into the contract and also the commercial pressure was not present in this case. We will see one more example where there was economic duress and the plaintiff had the right to rescind the contract - Universe Tankships vs International transport Workers Federation, The universe Sentinel. The ITWF blacked a ship to prevent it from leaving the port and made huge demands for the pay and also asked for huge sum of money to pay to the Seafarers International Welfare Funds. The ship owners agreed under that that the ship could leave the port and so that they did not make any further loss. And they thought that they will later on recover the amount from the welfare fund. The judgement in this case was that The money was extracted by the ITWF was under economic duress and it could be recovered by the plaintiff. It made the contract voidable at the option of the party. Here as the party had no other choice but to submit and pay the money demanded by them so there was a lack of choice by the plaintiff and therefore economic duress existed and the payment was refunded to th e plaintiff party. Whenever there exist a duress while entering into contract then the law permits the party to escape their contractual obligation by rendering the contact voidable Our case relates to the famous case North Ocean Shipping Co. Ltd v Hyundai Construction Co Ltd (1979). In our case North Ocean Shipping enter in a contract with Hyundai Construction Co. in which Hyundai Construction Co. agreed to build a tanker and the price to be paid was fixed in US Dollars. The payment was to be made in five equal installments But after the contract was entered and after the first installment was paid the US Dollar was devalued by 10% and therefore the Hyundai Construction asked for an additional 10% increase in payment in all the remaining four installments without any legality. Hyundai Constructions made it very clear that without the increase in the payment Hyundai Construction Co. would not construct the tankers any further. North Ocean Shipping already had a client available with whom they expected good profits and who were ready to take the ship but only if the ship was ready on the stipulated time. North Ocean Shipping wanted to maintain an amicable relation and therefore with the fear of losing the client they agreed to pay an additional amount. But later a fter 9 months they filed a case to recover the excess amount paid to Hyundai constructions Co. Here was a case of economic duress because the Hyundai construction was very adamant that it would only accept the excess price without any legal justification to it. That time due to economic duress as the shipping company continued to stay in the contract as a threat that it would affect its economic interest or well being. The contract here was not void but it was voidable at the option of the party which has suffered the duress. And after the contract has been finished and the party didnt act yet then it will be taken as affirmation of the party to the contract and the party will lose the right to take any serious legal action. Even in our case here as there was a lapse of 9 month and the contract was only voidable so, the North Ocean Shipping company lost the right to recover any excess damage paid by them References Moles R, Networked knowledge- contract law casenotes ,viewed 10 August2016, https://netk.net.au/Contract/NorthOcean.asp Contracts entered under duress, viewed 10 August 2016, https://www.e-lawresources.co.uk/Duress.php Duress, viewed 10 August 2016, https://www.australiancontractlaw.com/law/avoidance-duress.html Universe tankship v international transport worker federation,the universe sentinal, viewed 10 August 2016, https://www.e-lawresources.co.uk/Universe-Tankships-v-International-Transport-Workers-Federation%2C-The-Universe-Se.php Contract consideration, viewed 10 August 2016, https://e-lawresources.co.uk/Consideration.php Lady L 2014, Consideration need not be adequate but must be sufficient- contract law, viewed 10 August 2016, https://laoislass.blogspot.in/2014/02/consideration-need-not-be-adequate-but.html Stim R, Consideration: every contract needs it, viewed 10August 2016, https://www.nolo.com/legal-encyclopedia/consideration-every-contract-needs-33361.html Clarke J 2015, Consideration, viewed 10 August 2016, https://www.australiancontractlaw.com/law/formation-consideration.html Nolo 2006, What makes a contract valid, viewed 10 August 2016, https://www.forbes.com/2006/11/20/smallbusiness-statelaw-gifts-ent-law-cx_nl_1120contracts.html Singh S, What are the legal rules regarding consideration? ,viewed 10 August 2016, https://www.preservearticles.com/2012012621489/what-are-the-legal-rules-regarding-consideration.html
Saturday, November 30, 2019
The Impact of Ethics on Decision Making Essay Example For Students
The Impact of Ethics on Decision Making Essay Running Head: Ethical Decisions The Impact of Ethics on Decision Making Essay Sheila Reeve University of Phoenix Online The Impact of Ethics on Decision Making We will write a custom essay on The Impact of Ethics on Decision Making specifically for you for only $16.38 $13.9/page Order now Ferrel and Gardiner (1991) say there are two criteria to ethical choices on top of being legal. The first being; One does not infringe on the basic inalienable human rights such as life, freedom of speech and privacy, due process recognized by our society (ethical formalism). Basically stating the respect of others should be considered in all decisions. The second states each person should strive towards an increase in self-esteem and mental health. Maintaining self-respect should be thought of in the decision making process. We all face decisions in every day life, some appear obvious and easy while others do not. People are always struggling with their ethics during the decision making process. There are those who do not how to decided which is ethical or not. I found an Ethics Quick Test from the Online Ethics for Engineering and Science page (2002), which provides seven things, to check in order to examine the ethical implications toward a person decisions: 1)Is the action legal? 2)Does it comply with your understanding of our values? 3)If you do it, will you feel bad? 4)How will it look in the newspaper? 5)If you know it is wrong, do not do it. 6)If you are not sure, ask. 7)Keep asking until you get an answer. Even though this information pertains to a specific topic it can also be used in everyday life. Everyone should be able to look at a choice and answer these questions without hesitation. When thinking of whether or not something is legal, one would need to look at all aspect of the word legal. Is this going to harm anyone, including ones self? There is also the issue of the decision being legal but it may not be ethical. For example: a woman who legally not responsible for a traffic accident but clearly in the cause. She stops in the road because she wants to get something out of her car into a building. Not only does she turn her car off, she turns her lights off as well with no hazard lights turned on. The road has no room from the curb to the actual road for a car to pass without going into oncoming traffic. A second driver coming down the same road, not seeing her car sitting on the side of the road runs into her car. The person in the second car receives the traffic ticket and is sued for damages done to her car. The insurance company for this person ends up paying for the damages done to the ladys car. Even though this is not ethical it was completely legal. If the woman, in the parked car, had thought about the consequences of her actions she would have realized she was in the wrong and perhaps not have sued the innocent person. Ferrel and Gardiner mention along with some decisions comes a price of short-term stress or a degree of conflict and pain. Many people battle the decision of whether their personal values outweigh what is legally right. As is most situations within the medical field. Knowing that each person has his or her own values and beliefs is one thing. Its another to accept this fact though. Within the medical field this is a conflict that arises often. By law, medical personnel must learn to put their own personal beliefs aside and abide by the wishes of the patients and families. If they dont, the risk of being sued is high. Which is ethical though? Abiding the wishes of the patient or ones own beliefs? Many battle the If I turn this machine off this person will die, it will be my fault. This is a decision one should make prior to entering the field. Perhaps the above number four, regarding the newspaper issue, may not be pertinent, but the issue raises a good point. .u12d9001c8e90b73750ad97b3ce36f818 , .u12d9001c8e90b73750ad97b3ce36f818 .postImageUrl , .u12d9001c8e90b73750ad97b3ce36f818 .centered-text-area { min-height: 80px; position: relative; } .u12d9001c8e90b73750ad97b3ce36f818 , .u12d9001c8e90b73750ad97b3ce36f818:hover , .u12d9001c8e90b73750ad97b3ce36f818:visited , .u12d9001c8e90b73750ad97b3ce36f818:active { border:0!important; } .u12d9001c8e90b73750ad97b3ce36f818 .clearfix:after { content: ""; display: table; clear: both; } .u12d9001c8e90b73750ad97b3ce36f818 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u12d9001c8e90b73750ad97b3ce36f818:active , .u12d9001c8e90b73750ad97b3ce36f818:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u12d9001c8e90b73750ad97b3ce36f818 .centered-text-area { width: 100%; position: relative ; } .u12d9001c8e90b73750ad97b3ce36f818 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u12d9001c8e90b73750ad97b3ce36f818 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u12d9001c8e90b73750ad97b3ce36f818 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u12d9001c8e90b73750ad97b3ce36f818:hover .ctaButton { background-color: #34495E!important; } .u12d9001c8e90b73750ad97b3ce36f818 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u12d9001c8e90b73750ad97b3ce36f818 .u12d9001c8e90b73750ad97b3ce36f818-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u12d9001c8e90b73750ad97b3ce36f818:after { content: ""; display: block; clear: both; } READ: 4th grade Living Things Unit 4, Lesson 1 A better way of looking at it might be: If looked at from the perspective of others, how will it appear? What will the public eye think about the decision made? If a Senator .
Monday, November 25, 2019
Great Expectation Essays
Great Expectation Essays Great Expectation Paper Great Expectation Paper Charles Dickens Great Expectations tells the powerful story of a young orphaned boy, Pip and his journey through childhood to adulthood, following the life changing events, which challenge him along the way. We see how he develops into a young man, engulfed in aspiring to achieve his ambitions.à Lacking parental love and support due to an early death of his parents, he lives under the mercy of his elder sister Mrs Joe. An abrupt, hot-tempered woman lacking sympathy for others, viewing Pip as an unfortunate hindrance with which she is burdened. Her husband, Mr Joe Gargery, An uneducated Black Smith, has quite the opposite temperament to his wife. He appears rather inadequate in her presence, sharing the same childlike fear of her unusual female dominance as Pip, rather than daring to show his own male assertiveness. Pip forms a strong bond with Joe throughout his childhood. Pip is originally set to become an apprentice to Joe as a blacksmith. However, when he receives a request to attend to Miss Havisham at Satis House, an archetypical bride jilted at the alter. Mrs Joe sees it as a grand opportunity for Pip to earn his fortune. Upon his arrival to Satis House, the young and beautiful Estella greets Pip. Who is in the care of Miss Havisham.à Failing to recover from her grief of being jilted at the altar, Miss Havisham lives a life of seclusion, while the time and atmosphere in the house are made to stand still. To seek her revenge upon men, Miss Havisham raises Estella to ruthlessly break their hearts. Pip is yet to experience this, mystified by Estellas harsh arrogance towards him, and her dismissive manner. Repeatedly addressing him as Boy, as if enforcing his insignificance. As an adult he reflects on his sensitive emotions as a child and how he struggled to maintain his composure on occasions, here this may be reflected from Dickens own experience s. : During his visits to Satis House Dickens shows how Pips distaste grew for Estella, yet accompanied by his lust and awe for her. He is constantly goaded by Miss Havisham to admire her, developing a strong passion for her and becomes engulfed by her spell, drawn in by her beauty and arrogance, finding it mystifying and intriguing.à As time passes by pip becomes angered by Estellas indifference towards him, feelings of distress and irritation begin to burden Pip.à Her contempt for me was so strong, it became infectious and I caught it. Here pip explains how strongly he was affected by Estellas mental cruelty. He describes it as becoming so infectious, that he caught it, feeling that there was no escape from spell of contempt. However, he may have wanted to be infected, even though he loathed her contempt, he grasped onto it, unable to release his passion for her.à He becomes discontented with his social status, due to Estella referring to him as poor and common Dickens writes strongly about the effects of social classes, having been an issue of importance during his own life. It causes Pip to feel inadequate and bitter lacking the qualities he does not possess to gain Estellas acceptance, let alone her affection. She later becomes the main source of his need to for fill his goals and ambitions. However, during Pips visits to Miss Havishams there are brief moments where Estella shows Pip a mild affection, occasionally kissing him on the cheek and generally lowering her harsh persona. This of course inspires Pips longing for her, although he is perfectly aware that there is a remaining distance between them where social status is concerned. When Miss Havisham decides that it is time to let Pip go, she gives him a sum of money for his apprentice ship to her and tells him to return to his original apprentice ship as a black smith.à Pip, and Mr and Mrs Joe are slightly mystified by Miss Havisham, as they had been confident that she was to be pips benefactor and make his fortune, yet this did not appear to be the case. After leaving Miss Havishams, returning to the forge with Mr and Mrs Joe, Pip becomes restless, remaining discontented with his life and apprentice ship to Joe. Wanting to seek a better fortune aspiring to greater expectationsà After Pip had remained at the forge for sometime, they received a visit from a respectable lawyer from London, named Mr Jaggers. Pip immediately recalled seeing him attending Miss Havishams during his visits to Satis House, and concluded that he had been sent on her behalf.à Mr Jaggers proceeded to inform Pip that he was to come into a handsome property, and must be removed from his current sphere of life, and brought up as a gentleman with great expectationsà My dream was out; my wild fantasy was surpassed by sober reality; Miss Havisham was going to make my fortune on a grand scale.
Friday, November 22, 2019
An Employee Or Independent Contractor
2. If we assume Simone is an employee, is PR PRO in breach of a common law duty in relation to not giving Simone any days off work or holidays? 3. If we assume Simone is an employee, does she have an entitlement to notice, at common law or pursuant to legislation, if PR PRO decides to replace her? Common law introduced number of tests to identify the status of individual in organization: First test applicable by the Courtââ¬â¢s are ââ¬Å"Control Testâ⬠. This test is determined by Court in case law Zuljs v Wirth Bros Pty Ltd[1]. In this case, Court held whether employer has right to exercise control over employee is considered as important element as compared to actual control exercised by employer. This element is the strong evidence of employer and employee relationship. It must be noted that control test and integration test are not the strong evidence on which Court takes their decision. In other words they are not considered stand alone test by Courts. There is one more test that is multiple indicia test, and this test was established in Stevenââ¬â¢s v Brodribb Sawmilling Co Pty Ltd[2]. In this case, the main issue is whether Gray and Stevenââ¬â¢s are employees or independent contractors. Court applied multiple indicia test for determining the employment status of Gray and Stevenââ¬â¢s and stated that Stevenââ¬â¢s was an independent contractor. However, Court also stated further developments regarding this test are completely based on the interpretation of future judges[3]. Later this test is confirmed in case Hollis v Vabu Pty Limited[4]. In this case Court held that bicycle couriers are not working as independent contractor but they are considered as employee of Vabu Pty Ltd. Therefore, Vabu Pty Ltd is vicariously liable for the act of its employee who never identified on personal basis by individuals because he wears uniform of Vabu[5]. High Court of Australia stated that now a day control cannot be considered as only factor to determine the status of individual in the company. Multiple indicia test includes: Employee relationship is stated if worker integrated into the business of employer such as wearing uniforms, signage on vehicles, etc. Employee relationship is stated if worker is entitled to entitlement and allowances such as Leave, superannuation, workers compensation. A worker is considered as independent contractor if he arranges the taxation matter at his own. A worker is considered as independent contractor if that person is tradesperson or professionals and conducting their own business. A worker is considered as independent contractor if he was engaged to perform some particular task, and worker is considered as employee if he was employed for some definite period. If remuneration is provided in wages then person is considered as employee, and if remuneration is in the form of lump sum, price per volume or as per results then worker is considered as independent contractor. If worker sets his own place and hours of work then he is considered as independent contractor. If worker have ability to delegate his work then he is considered as independent contractor. If employer has control over the conduct of worker then he is considered as employee of the company, and if employer has control over the reporting then worker considered as independent contractor[6][7]. In the present case, Simone working in PR PRO, and she entered into an agreement with PR PRO at the end of 2012, to operate from 1 January 2013 until 31 December 2016. This agreement stated that Simone was not an employee of the company but she is abiding by all the rules of the company. Simone wears the shirt which had logo of PR PRO and she received agreed percentage of sales she made but she also receive small amount of base payment on a monthly basis. She paid income tax directly to the taxation department. Working hours of Simone are not set and she uses her own car for meeting the clients but she gets no allowance for that. She gets training from specialized agency and PR Pro pays for it. It is necessary for Simone to keep her phone all the time so she can answer her clients, and she receives extra payment where work took weekend and public holiday hours. Simone never gets any entitlement related to personal leave or holiday leave and company has never offered her any paid holidays. In this case all multiple indicia test is applied which discover following factors: After considering all the above factors it is clear that she work as an independent contractor in PR PRO. Annual leave is also known as holiday pay in Australia which means employee must be paid while having time off from work. Annual leaves entitlement introduced by National Employment Standards (NES). Any time of award or agreement cannot provide annual leaves less than those stated by NES but they have right to give more annual leaves. Annual leaves become part of NES standards 1 January 2010 and standards of NES apply to all employees covered by the national workplace relations system. All employees except casual employees have right to get paid annual leaves[8]. An English case law Morley v Heritage plc [1993] IRLR 400. In this case, there is general rule which stated that every employee was entitled to annual leave for the period of four months per year. Full time and part time employees of the company have right to get 4 weeks of annual leave, and these leaves are based on their ordinary hours of work. Employer cannot breach standard of NES and in case of breach of NES standards court imposed penalty of $10,800 for an individual and $54,000 for a company[9]. Annual leaves accumulate from the day of joining of employee, even though probation period of employee is not over. Accumulation of annual leave is done when employee is on: Accumulation of annual leave is not done when employee is on: In the present case, on 1/12/2016 Simone had a stroke because of which she lost her capability to work in the foreseeable future, and doctor stated that reason of stroke was high stress level, and her obesity. The reason behind this is that she had no holidays or weekends free from work for a long time. Simone has right to get 4 week annual leave as an employee of the company and company breach their duty under common law by not providing annual leave to Simone. Therefore, PR PRO breach their and court can impose penalty of $54,000 for breach of NES standards. In this case, PR PRO breaches their duty under common law by breaching the standards of NES for annual leave. Employee has right to receive notice from employer, and employer cannot terminate the employment unless he gives written notice to the employee. It is necessary that employer must issue notice to the employee personally, send the notice at last updated address, and sending notice to employee by pre paid post[11]. à Minimum time period for serving notice to the employee: An employerââ¬â¢s cannot terminate their employees unless they give minimum period of notice or make complete payment of employees they have worked. Total employment period of employee Employment period of employee is not more than 1 year Employment period of employee is more than 1 year but less than 3 years Employment period of employee is more than 3 year but less than 5 years Employment period of employee is more than 5 year Every employee of the company is entitled to receive minimum period of notice or payment under FW act, and the period of notice is depend on the length of service of employee. It is the duty of employer to ensure that whether employee is entitled for higher period of notice[13]. This can be understand with the case law that is Lavarack v Woods of Colchester [1967] 1 QB 278 ('Lavarack'). In this case, Court sets out the general principle that in case of termination, employee has right to claim for what he is legally entitled. In the present case, PR PRO decided to replace Simone because of her disability to work in near future. In this case, Simone is working in the company from last 4 years and as per the requirement of FW Act PR PRO is under obligation to serve minimum notice period to Simone. As per the requirement to serve minimum notice period the length of service of employee is considered. Simone is working from last four years in the company and she is entitled to receive notice for the minimum period of three weeks. PR PRO is under obligation serve 3 weeksââ¬â¢ notice period to Simone under FW Act. Zuljs v Wirth Bros Pty Ltd (1955) 83 CLR 561. Stevens v Brodribb Sawmilling Company Pty Ltd (1986) 160 CLR 16. Hollis v Vabu Pty Ltd [2001] HCA 44 207 CLR 21; 75 ALJR 1356; 181 ALR 263 High Court of Australia, ââ¬Å"Hollis v Vabu Pty Ltd [2001] HCA 44â⬠à 9 August 2001, accessed on 27 th January 2017, https://eresources.hcourt.gov.au/downloadPdf/2001/HCA/44. ATO, ââ¬Å"Employee/contractor decision toolâ⬠, accessed on 27 th January 2017, https://www.ato.gov.au/calculators-and-tools/employee-or-contractor/. Law Teacher, ââ¬Å"An Employee Or Independent Contractorâ⬠, accessed on 27 th January 2017, https://www.lawteacher.net/free-law-essays/employment-law/an-employee-or-independent-contractor-employment-law-essay.php#ftn7. FWO, ââ¬Å"Annual leaveâ⬠, accessed on 27 th January 2017, https://www.fairwork.gov.au/leave/annual-leave. FWO, ââ¬Å"Annual leaveâ⬠, accessed on 27 th January 2017, https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/annual-leave. Australian Union, ââ¬Å"Types of leave and public holiday entitlements factsheetâ⬠, accessed on 27 th January 2017, https://www.australianunions.org.au/types_of_leave_factsheet. Pattie Walsh, ââ¬Å"Termination of Employment in Australia: Best Practice Guideâ⬠, 20 August 2013, accessed on 27 th January 2017, https://www.mondaq.com/australia/x/257796/employee+rights+labour+relations/Termination+of+Employment+in+Australia+Best+Practice+Guide. FWO, ââ¬Å"Notice of termination & redundancy payâ⬠, accessed on 27 th January 2017, https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/notice-of-termination-and-redundancy-pay. FWO, ââ¬Å"Dismissal - how much noticeâ⬠, accessed on 27 th January 2017, https://www.fairwork.gov.au/ending-employment/notice-and-final-pay/dismissal-how-much-notice. Zuljs v Wirth Bros Pty Ltd (1955) 83 CLR 561. Stevens v Brodribb Sawmilling Company Pty Ltd(1986) 160 CLR 16. Brenda Marshall, ââ¬Å"Working it out- Employee or independent contractorâ⬠, 12, no. 5 (2006). https://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1102&context=nle. (Accessed on 27 th January 2017). Hollis v Vabu Pty Ltd [2001] HCA 44 207 CLR 21; 75 ALJR 1356; 181 ALR 263. High Court of Australia, ââ¬Å"Hollis v Vabu Pty Ltd [2001] HCA 44â⬠à 9 August 2001, accessed on 27 th January 2017, https://eresources.hcourt.gov.au/downloadPdf/2001/HCA/44. ATO, ââ¬Å"Employee/contractor decision toolâ⬠, accessed on 27 th January 2017, https://www.ato.gov.au/calculators-and-tools/employee-or-contractor/. Law Teacher, ââ¬Å"An Employee Or Independent Contractorâ⬠, accessed on 27 th January 2017, https://www.lawteacher.net/free-law-essays/employment-law/an-employee-or-independent-contractor-employment-law-essay.php#ftn7. FWO, ââ¬Å"Annual leaveâ⬠, accessed on 27 th January 2017, https://www.fairwork.gov.au/leave/annual-leave. FWO, ââ¬Å"Annual leaveâ⬠, accessed on 27 th January 2017, https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/annual-leave. Australian Union, ââ¬Å"Types of leave and public holiday entitlements factsheetâ⬠, accessed on 27 th January 2017, https://www.australianunions.org.au/types_of_leave_factsheet. Pattie Walsh, ââ¬Å"Termination of Employment in Australia: Best Practice Guideâ⬠, 20 August 2013, accessed on 27 th January 2017, https://www.mondaq.com/australia/x/257796/employee+rights+labour+relations/Termination+of+Employment+in+Australia+Best+Practice+Guide. FWO, ââ¬Å"Notice of termination & redundancy payâ⬠, accessed on 27 th January 2017, https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/notice-of-termination-and-redundancy-pay. FWO, ââ¬Å"Dismissal - how much noticeâ⬠, accessed on 27 th January 2017, https://www.fairwork.gov.au/ending-employment/notice-and-final-pay/dismissal-how-much-notice. End your doubt 'should I pay someone to do my dissertation by availing dissertation writing services from
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