College admissions essays
Thursday, August 27, 2020
Violent Crime Research Paper -- Criminal Murder Jail Prison Essays Pap
Rough Crime Research Paper Nothing accomplishes more to destroy our families than rough wrongdoing, firearms, posses, drugs, and the dread that strolls close by those fear. Vicious wrongdoing and casualty rights have become a significant worry for most residents in the United States of America. Insights demonstrate a decrease in rough wrongdoings in our nation and an expansion in our national jail populace. Discharged detainees carry out most vicious wrongdoings. Weapon control enactment, change programs, casualty rights mindfulness, and different projects are copious in our nation, however do little to ease rough wrongdoing. In this paper I will attempt to introduce the liberal and traditionalist perspectives on this issue just as my own perspectives. Rough wrongdoing is a mind boggling issue and must be reacted to in complex manners. Handy solution answers for the issue are probably going to be confused. There was a decrease in wrongdoing during the 1990s. Our nation delighted in seven years of declining wrongdoing for the period 1991-98, the latest information accessible. During this period wrongdoing declined by 22% and vicious wrongdoing by 25%. These are welcome turns of events, especially following the flood of wrongdoing and savagery of the late 1980s. This decay happened during when the national jail populace has expanded significantly, ascending from 789,60 of every 1991 to 1,252,830, a 59% ascent in only seven years and a 47% expansion in the pace of imprisonment, considering changes in the national populace (Mauer 21-24). Numerous spectators have drawn a basic connection between's these two patterns. Placing more wrongdoers in jail caused the decrease in wrongdoing. The Sentencing venture has quite recently finished an investigation that looks at this issue in extraordinary detail and reasons that any such connection is vague, best case scenario. In looking at the connection among detainment and wrongdoing during the 1990s the image is muddled by the multi year time frame only preceding this, 1984-91. In this period, detainment likewise rose considerably, at a pace of 65%. However crime percentages expanded during this time also, by 17% broadly. In this manner we see a persistent ascent in detainment for a long time, during which wrongdoing rose for a long time, at that point declined for a long time. This doesn't recommend that detainment had no effect on wrongdoing, however any such association is unmistakably affected by different variables. An examination with different countries is informational in this rega... ... ââ¬Å"Meganââ¬â¢s Lawâ⬠necessitating that individuals ought to be told if a sex guilty party lives in their general vicinity. (Government Sentencing Reporter 10). Insights demonstrate that outsiders carry out just a single percent of brutal wrongdoings against ladies (The New American Magazine). I need to be ensured, on the off chance that I am in this little rate. At the point when a lady stirs and sees a male more peculiar creeping through her window and making a beeline for her bed, he is definitely not a little rate. He is a 100 percent beast. In any case, on the off chance that she had a gun under her cushion and realized how to utilize it, she could make him a 100 percent body, and the world would be an obviously better spot (The New American Magazine). That is my purpose behind supporting the subsequent revision. List of sources Mallet, Marion. ââ¬Å"United We Stand, Divided We Fall.â⬠American Hunter June 1998 James Dao, New York Times, p. A18 May 3, 2000 Lee, Robert, ââ¬Å"Gun Reportâ⬠The New American Magazine, November 11, 1996 Mauer, Marc. Forestalling and Fighting Crime, What Works? FDCH Congressional Testimony, 10/02/2000 ââ¬Å"Where They Agree: Regarding Guns,â⬠Associated Press. Los Angeles Timesn April 21, 2000 www.AlGore2000.com/issues/wrongdoing. May 16, 1999 www.georgebush.com/wrongdoing
Saturday, August 22, 2020
Contract Law Duncan and Mitsui Bank
Question: Examine about theContract Lawfor Duncan and Mitsui Bank. Answer: Four Basic Features of Valid Contract: Offer and Acceptance-Contract is shaped with the rules of offer with resulting acknowledgment of the equivalent. Offer and acknowledgment are holding parties with enthusiasm to the subject for explicit explanation. Limit of the gatherings The highlights of limit of the gatherings are characterized as the states of the gatherings identified with budgetary and mental capacity of the gatherings to go into the contract(Forbes, 2006). Thought The fundamental component of an agreement is estimation of the agreement which is called as thought. This thought is instrumental to make the agreement legitimate as far as money or some other kind. Legitimate Compliance the consistence of the agreement ought to be enabled with the authorization of legitimateness. Any agreement dependent on unlawful understanding or illicit trade of merchandise or administrations isn't legitimate and is end up being void while the presence of that is being referred to (enotes, 2013). Conditions: To consider the enforceable character of any agreement in regards to its legitimate approval, the standard has made certain current arrangements with conditions which are given beneath:- Ability to Contract-The law of agreement authorizes the basis of limit of the gatherings with respect to their psychological, physical and money related position is concerned. Intellectually or truly impeded people alongside budgetary failure, if not fit to address the issue of the agreement, will make the agreement void(e-lawresources, 2015). Undue Influences, deception and pressure If one gathering to contract has made endeavors to make the agreement affected by undue condition, the agreement is viewed as void. Deception of realities, whenever viewed as the impacting factor for making any agreement, additionally makes the agreement void. Essentially coercion in the types of making mental weight, danger started from improper or unlawful doing likewise makes the agreement void. Demonstration of Unconscionable This demonstration advances the kinds of work or episode which are not upheld by essential moral estimations of society as they are basic to elevate the rights to make the equalization of the parties(Lib, 2015). Open strategy with lawlessness it isn't permitted to consider an agreement as legitimate which isn't underwriting the standards of open arrangement according to the standard of the general public and network. Also the agreement is legitimate on the off chance that it depends on the mainstays of lawlessness. Agreement Between Duncan and Mitsui Bank: While thinking about the agreement among Duncan and Mitsui Bank in regards to his work, the equivalent is in the structure a composed understanding unmistakably portraying the statements identified with condition appropriate for both manager and worker. This understanding secured condition identified with offer from Mitsui Bank to Duncan for the pay bundle to be offered to Duncan alongside the pre-condition for Duncan to be qualified for the remuneration. The agreement is two-sided by definition confining some other gathering to intercede to it. Inferred Contract: Those agreements considered as inferred contract which are enforceable by law with the legitimate rule of value. (e-lawresources, 2015). Duncan and Mitsui Bank Claim: With the intensity of the composed understanding among Duncan and Mitsui Bank, Duncan can without much of a stretch build up his case with the help of the understanding. It is to be considered as suggested contract, as the agreement with every single pertinent proviso are obviously referenced in the understanding identified with business and remuneration. References: e-lawresources. (2015). Legal suggested terms - The Consumer Rights Act 2015, Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. Recovered September 23, 2016, from https://e-lawresources.co.uk/Statutory-suggested terms.php enotes. (2013, April 29). What are the 4 fundamental components of an agreement? Recovered October 16, 2016, from enotes: https://www.enotes.com/schoolwork help/what-4-fundamental components contract-217413 Forbes. (2006, November 20). What Makes A Contract Valid? Recovered October 27, 2016, from Forbes: https://www.forbes.com/2006/11/20/smallbusiness-statelaw-blessings ent-law-cx_nl_1120contracts.html Lib. (2015). Business law: Contract law. Recovered September 23, 2016, from https://guides.lib.monash.edu/business law/contract-law
Friday, August 21, 2020
The Essay Sample For You
The Essay Sample For YouThe California Bar Essay sample will help you practice the rules for the essay in order to be able to take the test. To pass the California Bar exam, you have to demonstrate the ability to construct a proper, organized answer and to read through the answers very carefully. By using the California Bar Essay sample, you will be able to create an essay that is logical and well written.To help you learn how to write the California Bar exam, the California Bar Association has prepared the essay sample for you. It will help you practice writing the essay by answering some of the more common questions asked in the application. The most common question asked is whether or not your mother was born in the United States. Knowing how to answer this question will help you practice for the test.The essay usually takes between 15 minutes and one hour to complete. Once you start studying, you will be able to write the essay in no time. The California Bar Essay sample will hel p you learn the rules for the essay as well as the format of the essay. You can also review the rules about punctuation and grammar.If you do not know how to phrase a question, there are several different parts of the application that you can look at. To make sure that you know what each question is asking, look at the course manual before you start working on the essay.A good place to find answers to your questions is the class directory. You should be able to find a class listed under your area code. Most class directories contain the name of the professor and the instructor of the class as well as the syllabus for the class. This is important because you will want to familiarize yourself with the different parts of the essay.Another way to find answers to your questions is to read the Essay samples that are available on the website. Some of the different versions are created by different people, so you should be able to find some sample essays by entering your zip code. Once you know what is expected of you, you will be able to prepare for the essay easily.When you do start to look at the essays, be sure to remember that the essay is made up of several parts. By being familiar with all of the different parts of the essay, you will be able to compose an essay that will be easy to write and read.The essay is probably the most important part of the California Bar Exam. Knowing how to construct an essay will help you be successful in the test. By reviewing the California Bar Essay samples, you will be able to review the rules of the essay and help you prepare for the test.
Monday, May 25, 2020
The United Nations Convention On The Rights Of The Child
Humans are special. They are the same when they are born but as they grow and develop, they begin to show their own differences and specialness. Some have gifted talents and some have diverse needs which mostly can be seen in the first three years of a child such as Hearing impairment, Visual impairment, Physical disabilities and Challenging behaviour which will be focused in this essay. As a human, we all have the basic right to live and learn and we all should not discriminate each other but respect one another especially children who cannot speak for themselves. The United Nations convention on the rights of the child [UNCROC] stated that all children should be respected and their rights should be protected despite the ââ¬Å"childââ¬â¢s or his or her parentââ¬â¢s or legal guardianââ¬â¢s race, Colour, sex, language, religionâ⬠¦properly, disability, birth or other statusâ⬠(United Nations, 1989, Article 2, 1,). Parents and teachers are the first people who recogni se these differences and it is significant for the children as it can affect their success in future development and learning. In early childhood education [ECE] setting as stated in Te whà riki (1996), ââ¬Å"all children should be given the opportunity to develop knowledge and an understanding of the cultural heritagesâ⬠(Ministry of Education [MoE], p.9). We as a teacher need to include these children into the centre planning not to exclude them due to the challenges of the diverse needs. . . The word inclusive has lots of definitions butShow MoreRelatedThe United Nations Convention On The Rights Of The Child2050 Words à |à 9 PagesThe United Nations Convention on the Rights of the Child recognizes any person under the age of 18 as a child, following this within the Criminal Justice System of England and Wales it is specified that people under the age of 18 are to be considered as juveniles, people between the ages of 14-18 are to be considered as young persons and anyone under the age of 14 is to be classed as a child. What this means to us is that within the Criminal Justice System children can be distinguished by their agesRead MoreJuvenile Offenders And The United Nations Convention On The Rights Of The Child1464 Words à |à 6 Pagesoffending and achieve improved outcomes for young offenders and their families. However, the reforms are argumentative with stakeholders believing that the amendments breach the United Nations Convention on the Rights of the Child. Th is report will evaluate Queenslandââ¬â¢s criminal justice systemââ¬â¢s ability to effectively balance the rights of juvenile offenders with the societyââ¬â¢s need for order, as well as examine different stakeholder perspectives and make justified recommendations about legal issues and theirRead More The Convention on the Rights of Children Essay1393 Words à |à 6 PagesThe Convention on the Rights of Children Growing up, I could not possibly count the number of times my parents told me how hard it was to raise a child in this world. I can, however, remember how hard it was being one. Luckily, I was blessed with two loving parents who always had my best interests in mind and eventually as I passed through the innocence of my youth and the awkwardness of adolescence to where I am today, I got to fully understand the sacrifices that they made on my behalf. IRead MoreHow Children s Rights Are Being Breached Within The Uk1202 Words à |à 5 PagesThis assignment will address how childrenââ¬â¢s rights are being breached within the UK. Focusing mainly on (The Crime and Disorder Act, 1998) which is an Act currently used within the UKââ¬â¢s society. . (The Crime and Disorder Act, 1998) covers almost all aspects of childrenââ¬â¢s rights, however the main provisions of the Act are; Antisocial Behaviour order (ASBO), parenting orders and sex offenderââ¬â¢s orders. (The United Nations Co nvention on the Rights of The Child, 1990) became part of the UKââ¬â¢s Law in 1992Read MoreDescriptive Essay : Home Sweet Home944 Words à |à 4 Pagesthe two week deadline is up, you will be staying at your grandmotherââ¬â¢s house while we transition into our new neighbourhood, we will not have any debate on this arrangement,â⬠my mother declared in a firm tone. ââ¬Å"What about my friends and my school,â⬠right before I could continue to voice my opinion, I was rudely interrupted by my single-minded father. ââ¬Å"You will have a day or so before I drive you to your grandmotherââ¬â¢s house, during that time, we can arrange for all of your friends to come over and sayRead MoreHuman Trafficking : The United Nations Human Rights1162 Words à |à 5 PagesQuin Smith and Colin Grande Federal Republic of Germany United Nations Human Rights Council The Athenian Academy Human Trafficking Quin Smith Intro Human trafficking is one of the biggest human rights issues facing our world today. This practice makes much money for those who traffic humans, and destroys the lives of its victims. Brothels have been legal in Germany since 2002, and it is no coincidence that Germany s largest brothel is just a few miles drive from the French border. ProstitutionRead MoreMinor s Autonomy And Health Care883 Words à |à 4 Pageshealthcare decision ââ¬Å"Humanity has to do its best for the child.â⬠(Declaration of Geneva) The human population below the age of 18 is children, who are also termed as minors. They have equal rights in healthcare decision making as adults. And it is not a privilege, but rather a right. Children rights are human rights that are basic standards to which every person is entitled in order to survive and develop in dignity (UNICEF Canada). These rights are included but not limited to make to make decisionsRead MoreCapital Punishment Of The United States Essay1680 Words à |à 7 Pageshuman-right case; therefore, it has led to its abolishment in many countries. In several countries, the ending of capital punishment against juveniles has been accomplished through enforcement if specific provisions of international agreements, which prohibit the execution of a juvenile. Although, Capital punishment for adults is allowed under international law, the execution of a juvenile is not tolerated. Almost every country in the world have ratified or sign the United Nation Convention on the Read MoreThere Have Been Little-Known Facts About Children Being1010 Words à |à 5 Pagesthe world (mostly third world) have been known to strip children away from families to train them as soldiers. Is it right to deny children a traditional childhood? Will it place too much pressure on the children? Should children even think about these things from such a young age? There is a collection of criticism towards this attempt to generalize the concept of childhood. Child Soldiers are recruited under the age of 18 and are associated with war. They either volunteered or were forced to serveRead MoreThe Children of this Nation are not Being Treated Equally1258 Words à |à 6 PagesIn 1992, Irelandââ¬â¢s government signed up to the United Nations Convention on the Rights of the Child (UNCRC), which would lead some to believe that Irelandââ¬â¢s government is committed to ensuring that every child in Ireland gets the best chance possible in life. Unfortunately though this is not the case as each day in Ireland there are thousands of vulnerable children that are not having some of their basic needs met. Since 2009 the Childrenââ¬â¢s Rights Alliance publishes a report card each year that scrutinises
Friday, May 15, 2020
Comparing The Australian Economy And The Chinese Economy
Economic development refers to the sustained actions of communities, federal, state, and local governments that improve our standard of living through the creation of jobs, new technologies, economic health, and the creation of an overall better quality of life. The comparison between the Australian economy and the Chinese economy provide a detailed and comprehensive view of both nations. China is of political, cultural and economic strategic importance to Australia. Economic growth, employment/unemployment, environmental sustainability, the role of government (in health care, education and welfare), and quality of life determine the economic development of a nation. Australia and Chinaââ¬â¢s economic growth vary in terms of different increases in their gross domestic product, or GDP, which is measured in US dollars. Economic growth refers to a change in a nationââ¬â¢s output of goods and services over a period of time which is reflected by gross domestic product. During periods of economic boom, GDP is generally high. Similarly, during periods of recession, GDP is generally low. Australia is a mixed market economy, where the government plays a major role in providing collective goods and services while the private sector makes most of the economic decisions. Income is determined by the market but the government controls some private sector behaviour, minimum wage requirements, redistribution of income and other related economic activities. China, on the other hand, is a centrallyShow MoreRelatedThe Devaluation And Depreciations Of Australian Dollar Against Us Dollar1632 Words à |à 7 PagesThis article is mainly focus on the devaluation and depreciations of Australian dollar against US dollar, euro, pound and yen comparing in terms of floating exchange rate. The phenomena behind fixed exchange rate and floating rate is; fixed exchange rate is a rate that is set or fixed by the government or central bank to maintain its currency against gold or another major currency such US dollar or the currency basket. In fixed exchange rate, the countryââ¬â¢s central bank or other concerns will maintainRead MoreGlobalization Has Changed The Economic Condition Of A Country Or The Lives Of People995 Words à |à 4 Pagesa nation, lets look at the global economy of China. Firstly, comparing Chinese economic history to their current global economic situation. Its ââ¬Å"New Territoriesâ⬠did not exist as a city as recently as Ronald Reaganââ¬â¢s time in the White House. It was a fishing town of 70,000 to 80,000 people, practically unnoticeable by Chinese standards.â⬠(Fallows, 2007) China was an agricultural country before the United States signed a trade agreement with China. Chinaââ¬â¢s economy accelerated rapidly due to trade relationRead MoreWhy Chinas Economy Is Slowing?2027 Words à |à 9 Pagesharder for an economy with large size keep growing at a fast speed. Several research states the Chinaââ¬â¢s GDP growth at an average 10 % per year for the previous three decades. So that there is a significant rise in the amount of labor, capital and the level of productivity. However, they all slowdown in recent year (Why Chinas economy is slowing, 2015). In this essay, three components are included. In the first part of the article, the reason for the chinaââ¬â¢s decline in the economy will be discussedRead MorePerformance Management : China, Australia, And India1387 Words à |à 6 Pagesmanagement system (PMS) than to implement one. Societal, cultural, practical, and organizational constraints may restrict an organizationââ¬â¢s ability to implement all of the ideal PMS characteri stics. This truth becomes especially apparent when comparing different countries such as China, Australia, and India. While each country has its challenges, PMS successes are possible by having a thorough understanding of existing constraints and capitalizing on the characteristics that come most naturallyRead MoreAustralia vs China Political Structures Essay1339 Words à |à 6 PagesWhen comparing the communist nation of China with the democratic nation of Australia many differences are apparent. The application of the legislative (law making and modifying function), executive (administrative function) and judiciary (law enforcing and dispute resolving function) is vastly different between the two nations as can see when we compare and contrast the underlying principles of each system of government. Firstly, both nations claim to uphold the concept of the rule of law, althoughRead MoreEconomics Is All About The Allocation, Unemployment, Economic Growth And The Value Of The Dolla r1487 Words à |à 6 PagesIntroduction Without the economy it would be near impossible to have a thriving world. Economics is all about the allocation resources and choices individuals, businesses and governments make. Economics decides how much goods and services are bought and sold for, how many people have jobs, how much a currency is worth and much much more. At the moment Australia s economy is healthy and isn t too far below or above other countries.This essay will discuss Australia s economic mechanisms such asRead MoreAnalysis Between Asean and Apec1949 Words à |à 8 Pagestariffs and other trade barriers across the Asia-Pacific region, creating efficient domestic economies and dramatically increasing exports. The two demographics that I have chosen to compare are Burma and China. Burma and China both come from either ASEAN or APEC and I am going to compare the two on aid, defence, migration and trade. (Maps are on the last few pages) The Australian Government, through the Australian Agency for International Development, has provided almost 30 years of development assistanceRead MoreExplain Why Comparing the G.D.P. of Various Nations Might Not Tell You Which Nation Is Better Off. Use Information from the World Bank Website to Support Your Answers. in Your Explanation Refer to the Limitations of848 Words à |à 4 PagesTopic 2 Explain why comparing the G.D.P. of various nations might not tell you which nation is better off. Use information from the World Bank website to support your answers. In your explanation refer to the limitations of using G.D.P. as a measure of economic welfare and where possible, refer to the countries in your table above. Due to the very complex methods used in estimating gross domestic product and the sheer enormity of the task, gross domestic product is very necessarily a less thanRead MorePoli3001 Political Regime China and the Usa Essay1671 Words à |à 7 Pagesopportunities and threats for potential businesses and a thorough understanding of these characteristics is increasingly important for any organisation wishing to become successful in a global market. This essay will begin by defining, discussing and comparing the essential features of the two disparate regimes, followed by considering several elements of each including government controls, social economic figures, taxation systems and political stability before concluding on which businesses would beRead MoreThe Australian Perception Of Asia1952 Words à |à 8 PagesAustralia has experienced huge changes in terms of its policy, culture, economy and races within Australia since a great number of immigrants came to Australia for their liv ing. Especially Australian relationships with Asia and perceptions of Asia have shifted over years. Nowadays, Japanese cultures such as comics, animation, languages and foods are very popular in Australia. However, Asia had been seen through the label of ââ¬Å"Orientalismâ⬠which Said (1977) defined as ââ¬Å"the basic distinction between
Wednesday, May 6, 2020
Analysis Of `` No Matter What Their Genre `` Essay
People have always enjoyed graphic novels for as long as they have been around. They have been used to spread around an important message, politic viewpoints, explore new ideas in literature, and expose different styles of art to people around the world. There are many genres, graphic novels can fall into, but a large majority of them will always be fiction because then the authors can expand more into their stories than they can with non-fiction. ââ¬Å"Today, images still have the power to elicit a variety of responses.â⬠(Horowitz, pg. 8). This was something I noticed with graphic novels when they mention the usage of genders in the stories. Fictional graphic novels, no matter what their genre is, have unique ways of interpreting the theme of genders into their stories to get a message to the audience about them. However, I feel that one graphic novel I have discovered online, does one of the best jobs of incorporating an LGBTQA+ theme into its story while combining it with a unique setting, lovely character designs, and helping someone understand themselves. Rock and Riot is an online graphic novel that began in March, 2015 by queer New Zealand animation student, Chesley Furedi. One of the things that made Rock and Riot stand out to me from other online novels was how it took place in the 1950ies with its mixed cast of LGBT+ characters; a time frame where the community was not widely accepted as much as it is today. I think the time setting is important because it shows thatShow MoreRelatedThe Limitations Of Corpus Linguistics967 Words à |à 4 Pagesevaluated objectively and entirely (Tognini Bonelli 2001: 57). No corpus can represent anything other than itself. Corpora built so far consist of a number of genres; this is considered a good measure of representativeness. Biber (1993: 243) identifies two types of variability for achieving representativeness: situa-tion referring to the range of genres and registers in the corpus and the linguistic variability referring to the distribution of the linguistic features across the corpus. Large corpora canRead MoreChallenges of Genre for EFL Teachers662 Words à |à 3 PagesChallenges of Genre for EFL teachers In teaching English as Foreign Language (EFL), teachers face a number of challenges when the pedagogy is changed to EFL method. One of the questions is how can teachers know what genre the students need to learn? This is because based on researches, genre are dependent on the discourse community. Therefore, how to explain which genre to teach by school teacher to the students? So, this has become a problem/challenge for EFL teachers to teach genre as researchersRead MoreLearning And Using Knowledge Of The Writing Essay826 Words à |à 4 Pagesobjectives were learned through my essays. These learning objectives were subject matter knowledge, writing process knowledge, rhetorical knowledge, genre knowledge, and meta-cognition. The first essay written in the class was based on the premise of an instance where we fell in love with reading or writing. This essay involved learning and using knowledge of the writing process, rhetoric, genre, and overall subject matter. The use of writing process knowledge was prevalent in my essay due to the amountRead MoreI Am Writing At The Spring 2015 Semester Of Mrs. Miller s Engl 112 Dual Enrollment College1577 Words à |à 7 PagesEnrollment College Composition II course at Brooke Point High School. Continuing our work from the first semester, this course emphasized research and argumentative writing for both the social sciences and the humanities, and a very challenging multi-genre project on a topic of our choice. Mrs. Miller encouraged us to strengthen our research skills through the use of annotated bibliographies developed from using readings from our textbook (Graff 2008), and online research databases available throughRead MoreWhy Is Art A Genre? Essay1464 Words à |à 6 Pagesthe outward appearance of things, but their inward significance.â⬠-Aristotle According to Dictinary.com, a genre is a category of artistic composition, as in music or literature, characterized by similarities in form, style, or subject matter. (Dictionary) Before I began this course, the only inclination of genre was that of books and movies. From my experience, the aspect of genres are what categorized media in various forms, making it easy for an audience to comprehend said material. However, myRead MoreLivestrong As A Genre On Commercial1165 Words à |à 5 PagesLivestrong as a Genre Student Name University Affiliation Course Code Date Livestrong as a Genre Am choosing a genre on commercial known as Livestrong for my analysis. Am concentrating on a commercial video of Livestrong and taking into consideration all its unparalleled features. Livestrong has a video page on YouTube for the sole reason to unite and link with other members of the society who make use of social media platforms. Form bases for promoting charity work and at the same time demonstrateRead MoreConceptions of the Soul Essay1161 Words à |à 5 Pagesdifferent conceptions of the soul. Through an analysis of their frameworks and genre, and whether their methods are plausible, it can be concluded that Aristotles formulation of the soul is more compelling than that of Plato. According to Plato, the body and the soul are separate entities. The soul is capable of existing before life of the body and after death of the body and it is constant, unchanging and non-physical (invisible). The soul resembles what is divine, immortal, and always remainingRead MoreFinancial Reporting And A Corporate Annual Report1168 Words à |à 5 Pagesthe form of financial reporting, project reports and annual reports. Businesses sets goals at the beginning of a fiscal year, and when it comes to the end of the year, investors of the company would like to know how well did the company perform and what financial position is the company at. They are able to find the information in annual reports published by organizations to the general public. Likewise, organizations are required by law to prepare an annual report to present crucial information toRead MoreThe Molecular Medicine And Genetics Community940 Words à |à 4 Pagesgoal, for how they utilize specific genres and lexis, and how they provide a specific kind of information to a specific audience. Genre are the means of communicating a specific kind of information to a specific audience. Anne Beaufort shares that in order for a ââ¬Å"productâ⬠to be competent conceptual comprehension of her five knowledge domains is necessary (Beaufort 7). These five knowledge domains are: discourse community knowledge, subject matter knowledge, genre knowledge, rhetorical knowledge, andRead MoreGenre Analysis: The Baroque and Rococo Periods Essay1556 Words à |à 7 Pagescomparative analysis of Caravaggioââ¬â¢s The Musicians from the Italian Baroque period, and Watteauââ¬â¢s Mezzetin from the Rococo Period. Although both paintings depict a scene or event from everyday life, or a genre scene, the latter was painted more recently during the modern era and it differs immensely. The major differences become evident in the style of the painters as well as their personal representations of the subject matter. The works illustrate the evolvement of a certain genre in Western painting
Tuesday, May 5, 2020
Maritime Law for Property Damages - MyAssignmenthelp.com
Question: Discuss about theMaritime Law for Property Damages. Answer: Introduction There are two fundamental rights that have been addressed in relation to the Maritime Law that are faced quite often. These issues are that who will be entitled to sue the cargo when there is damage or loss. And the other issue is in relation to the carrier, who the carrier can sue when loss has been incurred. The problem is seen in every case where there is claim made against the carrier. If the party cannot sue the shipper under the claims made against the carrier it will not be able to even if the cargo does not oblige by its duty and causes the loss or the damages. The other matter is often seen in the case when the carrier has suffered loss because of transportation of goods, if the freight has not been paid or the vessels were seriously injured during the transportation by the cargo of the harmful cargos. Such issues are particularly important in the case when the carrier is not able to recover the loss that has been made cannot be recovered from the shipper with whom the contract has been made for the carriage there is need to make the claims opposing the parties. There are two issues that are often brought up due to the party that wants to sue the cargo or the other party because of whom the cargo is made liable they are mostly the party in the contract of the carriage. The main object of the partys right and the liabilities in the cargo of the goods and services over the sea is often known as the document that has now been used over more than hundred years is the bill of lading. This bill of lading has been main scope by which the third parties such as the buyers or the banks who are usually not a party to the contract of the carriage that has been entered among the shipper and the carrier having the rights and the liabilities in the contract of the carriage. The most vital place of the bill of lading is in relation to the giving title to sue and be sued. Body of Opinion Facts A ship was chartered by Wong Ting Fung Ltd in Hong Kong to Ernest Bart Shipping Pty Ltd in Adelaide to ship 7,000 steel coins to Mr. Yeung in Hong Kong. A contract was made between shipper and the shipping party including the bill of lading. In the port at Adelaide the master was not very familiar with them carriage of steel in such form although Bart Shipping Pty Ltd protested that the steel was normal the master wrote it to be rusted on the bill of lading. The bank that had financed Yeung under credit was instructed to only accept a clear letter in relation to the bill of lading. Thus, the bill of lading was disapproved but after certain negotiations Yeung agreed to accept the steel coins from Bart Shipping Company at a discounted price. But when the ship arrived Yeung was given the bill of lading which had only 6,000 coils due to some serious damage that took place before loading. Issue Bart Shipping Pty Ltd and Yeung have to be advised regarding their rights and liabilities in relation to the rights and the liabilities of the shipper and the carrier along with the laws related to the bill of lading. Bart Shipping Company had chartered their ship from Wong Ting Fung Shipping Ltd to carry 7,000 steel coils to Mr. Yeung in Hong Kong. All the clauses were mentioned in the contract which was agreed by both including the bill of lading. Rule With respect to the English position the two acts play a crucial role, Carriage of Goods by Sea Act 1992 and the earlier on was 1855 Bills of Lading Act along with the reports of the Law Reform Committee and the case laws (Ajaja 2015). The UNCITRAL Draft Convention, in relation to the Draft Convention itself will help in determining the right and liabilities of the shipper and the shipment. The bill of lading is an important document in the international trade. The contract between Bart Shipping and Mr. Yeung can be explained here, in the case of the international sales, the shipper that is the seller mostly makes a contract with the shipper to transport and delivery of the products to a third party (Baatz 2013). The person to whom the goods are sold are the buyers, there are times when the delivery has to made to the banks that have sponsored the buying of goods and the services when the goods are under the bill of lading and are given to the bank as a form of security. It becomes crucial for the third parties that are able to receive the obligations in the contract under the bill of lading as they are often those who bear the damage to the goods at the time of transportation period (Brodie 2014). Under the common law of privity, the third parties are not able to sue the carriers under the contract of carriage. The rule states that the parties to the contract may sue or be sued on it. Although the shipper can sue the shipper is the party to make an agreement with the carriage, the common laws has not allowed them to get back the obvious damages if he has not incurred the loss. This has been considered very unsatisfactory in the state of affairs as the buyers would be often left without any solution in the contract when damage takes place in the cargo (Cai 2016). Although the buyer can sue the carrier by other means. In case of torts, there are other alternative which are very complicated and on the grounds of such claim it becomes difficult to establish it (Croucher 2016). In the case, Dunlop v Lambert the problem was in relation to the common law the solution to the privities problem that was developed. In this case, court had allowed the shipper that had entered into a contract of carriage with the shipper who did not suffer any loss himself to get back the obvious damages (Cooper 2016). The consignee or the endorsee of the bill of lading needs the contractual rights under the bill when the property in the goods has passed to him upon or by the reason of such consignments (Jafari 2015. The link between the transfer of the property rights and the acquisition if the contractual rights however turned out to be a problem in certain cases. Under section 1 of the Bill of Lading Act, for a consignee to gain the rights of the suit and to acquire the contractual rights the property in the goods have to be passed to him either upon or by the reason of such endorsements (Schoenbaum 2015). Application The transferee in not obliged by each terms and conditions of the agreement of the cargo and are just obliged to the rights and the liabilities in relation to the bill of lading. This implies that the first contract that was made between the shipper and the bearer had distinctive terms that were highlighted in the bill of lading, these terms and conditions of the bill of lading will have an upper hand in deciding the extent the rights and the liabilities of the transferee. The outcome of the case Leduc v Ward, there was an agreement between the shipper and the bearer that allowed deviation of Glasgow. However it may look like, there was no such deviation that was allowed in the agreement between the transporter and the endorsee. Since there was no sign of the bill of lading allowing such deviation consequently, the endorsee had a real claim against the transporter. the result of the case, Sewell v Burdick is that it had prevented the bank from being obliged under the agreement of the cargo, it additionally kept the bank from bringing the claim against the transporter under the agreement of the carriage. Under the validity of the caase, the products if the goods and the services were damaged there would be breach of contract causing the bank and its security to diminish and the bank would rather not sue the transporter as the bank had the exceptional property and not the general property. Under section 1 of the bill of lading act. In such kind of cases the bank will be left with no other option but to rely on the remedies of the common law. Under section 1 of the 1855 Act it gives the endorsee the power to be liable in relation to the products in the contract and the bill of lading. Conclusion The rights and the liabilities that have to be advised to Bart Shipping Company and Mr. Yeung are mentioned under the 1992 Carriage of Goods by Sea Act and the common law, it can be seen that the parties that have the right to sue the cargo under and the party that the carrier is entitled to sue. The main object of the law in this area is to balance the commercial interest of the three parties that are mentioned in every bill of lading contract that are the carrier, the shipper and the consignee or the indorse. If the law does not properly protect the interest of the various parties or does not impose the other right and the duties on the specific parties, in that case the law usually becomes ineffective and the merchants will find another way instead of the bills of lading in order to meet their requirements. The law will be ineffective if the parties and their rights and liabilities cannot be easily distinguished. Thousands of bills of lading are issued everyday and such bills will be considered useless if they have to be studied with the help of a lawyer or have to go to the court in order to know their rights and liabilities. Under the English law which highlights the 1992 Carriage of Goods by Sea Act as well as the common law have together provided an effective framework within which the carrier, the shipper and the transferee can function. The intention behind the UNCITRAL Draft Convention is considered noble but there is need for uniform laws for the transfer of the rights and the liabilities under the bill of lading, the Draft Convention is presently not very effective and has not proved itself better than the existing English law. Reference List: Ahmadi, M.R.A., Elsan, M. and Noshadi, I., 2017. Comparative Study of Bill of Lading Function as Title Document.J. Pol. L.,10, p.188. Ajaja, O., 2015. Electronic Bills of Lading: An Easier Way to Sea Carriage. Baatz, Y., Debattista, C., Lorenzon, F., Serdy, A., Staniland, H. and Tsimplis, M.N., 2013.The Rotterdam Rules: a practical annotation. CRC Press. Bae, H.S. and Lee, Y.K., 2016. Role of Delivery Order in International Container Transportation. 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