Wednesday, December 25, 2019

Should Alcohol Be An Addiction - 902 Words

When it comes to the topic of alcohol, most of us will readily agree that yes it is an addiction. Where this agreement usually ends, however, is on the question of no alcohol is not an addiction. Whereas some are convinced that yes it is, others maintain that no it is not. Anyone can be addicted to alcohol, but alcohol is not in and of itself an addiction. The capacity of absorbing alcohol in tremendous amounts can occur over weeks or years, which can lead the individual not to have an addiction to alcohol. Many will ask the question of can excessive use of alcohol become an addiction? No, alcohol cannot be an addiction, some would contest consumption that consuming alcohol is for mere fun. Others still maintain the fact that the addiction is more of a destructive behavior because that is what occurred in their confusion. They argue, in fact, there is no major result of alcohol other than the fact an individual becomes drunk to cover up pain that doesn’t lead the person to bec ome an addict. Another question asked, could alcohol lead to having other addictions? No, Scientists have discovered points of alcohol addictions and whether or not it is even an addiction but more of a disease. In all actuality, these scientists retain of alcoholism is more heredity rather than an addiction, since they look at it as a â€Å"neuroanatomical† this focuses on the individuals affects of emotions of happiness or melancholy. Researchers indicate the basics of what they callShow MoreRelatedAddiction: More Than Just a Word Essay example1279 Words   |  6 PagesAddiction: More Than Just a Word â€Å"Prevention usually is translated as parents having conversations with their adolescent children, pointing out the dangers of alcohol.† (Kramer, LizSprague, Nancy, Alcohol Abuse Youth: An Overview). Children do not understand the effectiveness of something powerful like alcohol. They do, however, understand that alcohol can cause a person to become intoxicated. From seeing it on TV, they think it is fun. Also, children do not really pay attention to theRead MoreThe Effects Of Alcohol On The Human Body786 Words   |  4 Pagesfocuses on alcohol addiction. Alcohol is a flammable liquid which often intoxicates drinks (WebMD, 2016). Examples of the drinks include beer, wine, and other beverages. Component parts of this interest includes what factors that influence or encourage alcohol usage and addiction?, What methods are utilized to decrease one’s alcohol usage?, and what are the effects of alcohol on the human body? I became curious about this question because I have family members and relatives who suffer from alcohol addictionRead MoreAlcohol Dependence: A Case Study1243 Words   |  5 PagesVIGNETTE CASE STUDY Alcohol is not merely a recreational drink. It is a tool to destroy personal and family lives if uncontrolled. Different people have different levels of control over the use of alcohol where some can actually use it only on occasions while others mess up their lives for it. Teens particularly are prone to the hazards of alcohol if they start quitting school to. The role of family is very significant in helping alcoholics overcome their addiction and lead a healthy non-alcoholicRead MoreEssay on The Concept of Dual Addiction1232 Words   |  5 PagesThe Concept of Dual Addiction This research paper will focus on the concept of dual addiction specifically, that of alcohol addiction and simultaneous nicotine addiction. I should make note at this point of my personal interest in the addictive process is a result of the existence of addiction in my family. I have experienced and observed the chaos, hardships and tragedies in my family as a result of the progressive nature of the addiction process. First, I would like to provide a general definitionRead MoreThe Effects Of Alcohol And Drugs On Society Essay1510 Words   |  7 PagesEven more significant is the abuse of alcohol and how alcohol has affected modern society. For several decades, alcohol and drugs has been a major problem in our society. Not only has the drug problem increased but also drug related problems are rising day by day. There is no crime in the world that kills teenagers more than alcohol does. Those substances affect the body in many ways. As they say, anything that anyone gets addicted to is called addiction. Addiction is partly Biological, psychologicalRead MoreAlcohol Addiction Causes, Treatment And Tips Essay811 Words   |  4 PagesAlcohol Addiction Causes, Treatment and Tips By Lourdes Amil | Submitted On January 11, 2011 Recommend Article Article Comments Print Article Share this article on Facebook Share this article on Twitter Share this article on Google+ Share this article on Linkedin Share this article on StumbleUpon Share this article on Delicious Share this article on Digg Share this article on Reddit Share this article on Pinterest Expert Author Lourdes Amil There are many methods to take steps to correctingRead MoreThe Long Lasting Effect of Alcohol on The Brain1208 Words   |  5 Pagesnearly 80,000 people die from alcohol-related causes, making it the third leading preventable cause of death in our country† (Alcohol Facts 1). Alcoholism is a major controversy in the United States, and many debate whether alcoholism is a disease or choice. Accordingly, based on scientific evidence, alcoholism is a disease because it has major long-term effects on the brain, it is an addiction, and it is treated medically. The first major reason alcoholism should be considered disease is the long-lastingRead MoreThe Psychology Of Addictive Behaviors1333 Words   |  6 PagesBehaviors in the life of Adolescence When dealing with addictive behaviors in Psychology, people find that adolescents are more likely to get involved with addictions and uncontrollable wants with things such as alcohol, smoking, drugs, sex, and much more. With those subjects listed, the age groups more prone to opening up doors to these addictions are the ages of 18-23. This is said for a number of reasons. There is loneliness from living away from home, there is more personal responsibility to manageRead More Drug And Alcohol Abuse Essay994 Words   |  4 Pagesof Missouri, the issue I would encourage him to address is the manufacture of drugs and the use of drugs and alcohol throughout our state. The advice I would give him is to impose stiffer penalties for those who manufacture drugs and focus on prevention, and, most importantly, rehabilitation, of those who abuse alcohol or drugs.According to the Missouri Department of Mental Health, alcohol and drug abuse affects more than 259,000 Missourians and another 800, 000 who are family members of substanceRead MoreWhat Drug Did The French Doctor Use Help Rein His Cravings For Alcohol? Essay1380 Words   |  6 PagesWhat drug did the French doctor use to help curb his cravings for alcohol? In order to curb his cravings for alcohol, the French doctor used a muscle relaxant named baclofen to â€Å"flip a switch† and get rid of his cravings for alcohol. He initially tried lower doses which did not seem to have an effect, but higher doses of the drug allowed the doctor to rid himself of the cravings for alcohol, and eventually he was indifferent to alcohol after the drug. Later it was found that there were more cases where

Monday, December 16, 2019

Pride And Prejudice By Jane Austen - 2500 Words

Hayden Webster Mr. Drake AP Lit 12 January 2014 Pride and Prejudice by Jane Austen (1813) Elizabeth Bennet: Elizabeth Bennet is the protagonist of the novel. Her prejudice and tendency to pass quick judgment (hence the novel’s title) takes a large effect on her relationships, especially her relationship with Mr. Darcy. Unimpressed by wealth and status, she differs from her somewhat naà ¯ve sister Jane in that she allows herself to see that humans are flawed beings. Put simply—Elizabeth is â€Å"real.† Elizabeth is initially put off by what she sees as superficial attempts by Mr. Darcy to win her over with arrogance and flashes of status, however, Darcy is intrigued by Elizabeth’s wit and intelligence, a far cry from many women of her time. However, though Elizabeth is in fact prejudiced, she is self-aware. As she grows to realize Mr. Darcy’s true character, and, consequently, her love for her, she admits to both herself and to him that she loves him—an act of swallowing her pride. Mr. Darcy: In the sense of possessing both pride and prejudice, Mr. Darcy is Elizabeth’s counterpart. Coming from a wealthy family, his high status, intelligence, and wealth gives him an inflated sense of pride and also a prejudice that creates a tendency to judge those below him. Such arrogance makes him a generally disliked character, though his status is envied. However, Elizabeth is unimpressed by wealth, and is extremely unreceptive to his advances at first—she turns down his marriage proposal,Show MoreRelatedPride And Prejudice By Jane Austen Essay1724 Words   |  7 PagesThe 18th century novel, Pride and Prejudice, by Jane Austen, is a fascinating book about a young woman’s struggle with family and love. Pride and Prejudice was originally published in 1813, but, the most common version of the story, and the one used for this research, is from the version published in 1892, still by only Jane Austen, though many other authors have contributed to this book over time. Austen often references the class system at the time, often noting one of the multiple heroine’s struggleRead MorePride And Prejudice By Jane Austen1467 Words   |  6 Pages Pride and Prejudice by Jane Austen is a classic novel that has remained relevant even years after its release. Its themes and symbols are understandable to even the most modern of reader. One of the many themes is sisterhood, something that is focused on constantly throughout the novel. Elizabeth Bennet, the protagonist of the novel, finds many of her decisions to be based upon the actions of her sisters. Making sisterhood a main driving force. Whether they are confiding in each other for marriageRead MorePride And Prejudice By Jane Austen872 Words   |  4 PagesIn my personal cherished novel, Pride and Prejudice by Jane Austen, the worlds of two immensely divergent people display the marxist idea of the importance of social status and its affect on the people. The two main characters seem to be on opposite ends of the earth in terms of an affluent Mr. Darcy being so privileged while on the contrary, Miss Elizabeth Bennet is of a lower class. Throughout the novel, there is a fine distinction between their clashing opinions and actions that are highly influencedRead MorePride And Prejudice By Jane Austen Essay1711 Words   |  7 Pageshe 18th century novel, Pride and Prejudice, by Jane Austen, is a fascinating book about a young woman’s struggle with family and love. Pride and Prejudice was originally published in 1813, but, the most common version of the story, and the one used for this research, is from the version published in 1892, still by only Jane Austen, though many other authors have contributed to this book over time. Austen often references the class system at the time, often noting one of the multiple heroine’s struggleRead MorePride And Prejudice By Jane Austen1285 Words   |  6 PagesPride and Prejudice Analysis I.Introduction Jane Austen wrote her novels during the time period known as the Regency. The Enlightenment and the Age of Reason, a time where ideas like democracy, secularism, and the rise of developing sciences were making their way across Europe had come to an end.It was replaced with the wave of horror that was the French Revolution, a once minor revolt that escalated into a violent war, concluding with the rise of Napoleon, which whom England fought against the majorityRead MorePride And Prejudice By Jane Austen1384 Words   |  6 PagesNicole Voyatzis Professor W. Acres HISTORY 1401E May 26, 2015 Discussion Paper - Pride and Prejudice Pride and Prejudice written in 1813 by Jane Austen tells the story of The Bennet’s and their five unmarried daughters. The family live as part of the lower gentry in early 19th century England. With that being said, Mrs. Bennet’s primary focus in life is to ensure that all her daughters are married, preferably to wealthy men. The book begins with Mrs. Bennet seeing an opportunity for her daughtersRead MorePride And Prejudice By Jane Austen1570 Words   |  7 PagesThe comical novel Pride and Prejudice by Jane Austen depicts the love life of women in the early 1800’s. Austen shows the hardships young women in that time period had to go threw to find their place in this world. Women were thought of as objects to the men, they were supposed to be stay at home mothers, or simple just a accessory to their partner. Women were the subordinates in life, as they still are today. Austen tells the story of how Mrs. Bennet (a mother of 5) works tirelessly to get her daughte rsRead MoreJane Austen: Pride and Prejudice 1086 Words   |  5 PagesJane Austen, born December 16, 1775, was an English novelist whose works of romantic fiction earned her a place as one of the most widely read authors in English literature. Austen’s novels critique the life of the second half of the eighteenth century and are part of the transition to nineteenth-century realism. Though her novels were by no means autobiographical, her fictional characters do shed light on the facts of her life and but more importantly, they offered aspiring writers a model of howRead MorePride And Prejudice By Jane Austen914 Words   |  4 Pages Bell 1 Natalie Bell Pedersen English 4 honors 29 February 2016 Pride and Prejudice Essay Jane Austen s novel, Pride and Prejudice, focuses on the social conflicts of England during the 1800s. Elizabeth Bennet and Mr. Darcy fall in love, and face social criticism. Mr. Darcy struggles with the ideology of societal expectations while falling in love with Elizabeth Bennet. After persistent self-reflection, Mr. Darcy overcomes the stereotype of whom he should marry, and marries ElizabethRead More Pride and Prejudice by Jane Austen 1104 Words   |  5 Pagesrate of over 50% from 1970-2010. However, during the eighteenth and nineteenth centuries, marriage was often one of the few choices for a woman’s occupation. Reading Pride and Prejudice by Jane Austen from the twenty-first century perspective might make some matters that are stressed in the book seem dated or trivial. As Pride and Prejudice was set sometime during the Napoleonic Wars, it is only fitting that finding a proper marriage is on the minds of many of the women in the book. Marriage and marrying

Sunday, December 8, 2019

Austriallan Commercial Leases Act 2013 (Old) Impact Upon the Trading

Question 1 In May 2013 the Queensland Government passed the Commercial Leases Act 2013 (Qld) [fictional] to regulate commercial leases within Queensland. Section 4 of the Act provides that a retail shop is only permitted to open on Sundays, or a declared public holiday in Queensland, between the hours of 10.00am and 4.30pm. Section 5 of the Act provides that when opening on Sundays, a retail shop must only use staff that have volunteered to work on that day. Roderick is the owner and operator of two duty free shops: one located in Brisbane City and the other located at Brisbane Airport on Commonwealth land. Rodericks lease for Brisbane Airport requires the duty free shop to trade on a continuous 24 hour basis to cater for the arrival and departure of international travellers. The Brisbane City shop opens for trade on Sundays between 9.30am and 3.00pm. The Brisbane Airport lease is made under the Commonwealth Airports Administration Act 2008 (Cth) [fictional] which operates in relation to all Commonwealth owned airports. Under Section 13 of the Act, the Federal Aviation Corporation may enter into a retail lease in respect of any airport terminal owned by the Commonwealth; and may do so on such terms as the Corporation may determine for the benefit of the travelling public. a. What is the effect of section 109 of the Commonwealth of Australia Constitution Act (The Constitution); and how does section 109 operate in relation to an Act passed by the Queensland Parliament? b. What power/s does the Commonwealth Parliament have under The Constitution to enact the Commonwealth Airports Administration Act 2008(Cth)? As part of your answer, explain where constitutional disputes might be heard? c. Does the Commercial Leases Act 2013 (Qld) impact upon the trading operations of either of Rodericks two duty free shops? Answer 1 The given case of Roderick is based on the two shops in the city of Queensland in Australia . Out of the two shops one of the shop deals with the commonwealth for the benefit of the public and the other one is located in the city of Brisbane. These shops are not covered by an duty payment provisions and have different working hours. 1. (a) In this question the applicability of Section 109 of the Australian Commonwealth act is being tested where there is a difference arising is in the state laws and the commonwealth laws of the state. The case is being interpreted on the basis of the requirement of the question and the application of the same in solving the case law of the two shops in Australia. As per the laws in Australia the power to vest rests with both the state and the commonwealth laws, so both of them can exercise their powers in making of the laws. wealth laws. So both state and commonwealth have full power to make laws. But this might create a conflicting interest of both the houses as the law is being made on the similar provisions and issue. If both of them provide for different solution there might be conflict between the two. So solve the issue the applicability the Section 109 of the Act comes into light. The provisions of the section provide that there when there is a conflict between the state and the CommonHealth laws then the provisions of the common wealth law are being considered to prevail over the state laws in case of all conflicts. But this would be the case only for the inconstant part and all the others would remain the same. In the case given the Section 109 of the constitution operates and the act passed by the government of Queensland is prevalent only to the limit of the inconsistent part with the state laws. (Government 2011) 1. (b) The parliament as named for Commonwealth parliament always works for the benefits of the nation and the public associated with it throughout the nation. It has various powers under the laws and the provisions to change or use a particular provision related to the Commonwealth Airports Administration Act 2008. But the authority should make sure that whatever powers are used should be in the interest of the public. Some of the enacted powers are Management of the operation hours of the airports. To resolve the conflicts arising from the state and the commercial laws of the state. To transfer the cases in case of the disputes that cannot be decided on the common reading of law. To take decisions regarding the extension of the provisions of the faculties for the people around Australia. There is a constitutional dispute when there are various interpretation of the statues and the laws made by constitution and this creates conflict with the geranial laws in the operation. In such cases the reference to the superior authority such as the High Court becomes necessary as in the case provided. The high court being a superior authority can direct the state and the commonwealth laws in the favour of the benefits to the public at large. The high court gets to these cases after the state laws and the commonwealth body in Australia fails to take important steps in this matter or there is no proper jurisdiction to sit on the facts of the case that it had to be brought to the table of the high court for resolution. The cases that are not constitutional can be invalidated by the High Court but that these can be done only after the case is properly analysed by the high court authority and if feels that these can be managed by the State or the Commonwealth then it can be handled b y the respective authority and the will forward the case to be dealt with accordingly. In the other cases the high court will decide on the matter (Office) 1. (c) Section 4 of the Commercial Leases Act 2013 provides that the retail shops can only be allowed to operate between 1030 hrs and 1630 hours on Sundays and holidays except the cases where the shop is located in the state of Queensland of Australia. The law also provides that the operation of the shops can only be done and operated by the hired and casual workers and not the regular employees of the company. In the given case of Roderick there are two shops and both of them are duty free in the country of Australia. The shop located in the corners of the Brisbane report is not being covered under the provisions of the the Commercial Leases Act 2013. This shop near the airport can remain operative for 24 hours on all 7 days. This will not violate the provisions of the Commercial Leases Act 2013, as the common wealth laws are obeyed in the case of conflict on some matter so the shop will be legalise and the provision would not be applicable for this sop in Brisbane. But the second shop would be covered by the Commercial Leases Act as located in the Brisbane City which is in Queensland and the Section 4 is attracted in this case. As there are no conflicts between the state and the constitutional laws so the normal provision would be effected, the reason for this applicability is the non existence of any conflicts between the constitutional laws and the state laws. In spite of the fact that the Brisbane City shop is a duty free shop but still it falls specifically under the state laws and thus the provisions of the state laws will be applicable in this case. So the shop near the airport can be operated for 24 hours as no limits are being effected for that but in the case of the other shop the limits of the time should be allowed to them as the laws are applicable for it. Question 2 Sydney Harbour Rescue Pty Ltd (Sydney), a privately owned company, provides sea patrol and rescue services to the NSW Government under a highly profitable ten year contract. In January 2014, Sydney contracted with Brisbane Marine, a Queensland-based boat manufacturer, to build and supply a newly designed high speed wave-piercing catamaran. The contract price was $650,000. The contract specified that the new catamaran must be able to operate at a continuous speed of at least 50 knots full of fuel, with a crew of five; and have an operational range of at least 250 nautical miles. The contract also specified that the catamaran was required to be finished and delivered to Sydney by 30 June 2014; otherwise Brisbane Marine would pay liquidated damages of $80,000 per day up to the date of delivery. Four months into to the contract Brisbane Marine informed Sydney that it would not be able to complete the project on time without payment of an additional $85,000. Brisbane Marine indicated they would use the money to engage additional contractors to work on the catamaran. In a brief face-to-face meeting, Sydney initially informed representatives of Brisbane Marine that it had a binding contract and would claim liquidated damages if the catamaran was not delivered on the specified date. Three days after that meeting with Sydney representatives, Brisbane Marine informed Sydney in writing that no further work on the catamaran will be undertaken until the $85,000 is paid. Reluctantly, Sydney pays the additional money, to ensure delivery of the catamaran by 30 June 2014 and to meet its contractual obligations with the NSW Government. After delivery of the catamaran, Sydney found that it proved quite unsuitable for harbour patrol and rescue use. The new catamaran was very unstable in bad weather: it was slow and couldnt exceed 30 knots, fuel consumption was excessive, and the engine broke down several times requiring expensive repairs of $30,000. After just five months use, Sydney had little option but to withdraw it from service. The catamaran was sold for just $200,000. To avoid the risk of breaching its demanding harbour patrol and rescue contract, Sydney then bought a larger, more capable $1.3 million patrol boat from TasKat, a Tasmanian boat manufacturer. a. Is the liquidated damages clause in the contract with Brisbane Marine valid? b. Could Sydney claim economic duress in relation to the additional payment? If not, would the additional payment be recoverable for lack of consideration? c. Sydney seeks your advice as to whether it can sue Brisbane Marine for damages under Australian common law contract rules? Answer 2 2. (a) The Liquidated damages clause in the contract with Brisbane Marine is valid or not: Liquidity damage refers to a compensation which is paid by one party to another. If there is a contract between them in which the former party could not complete the work within a stipulated period, then it has to pay to the later party a particular amount as compensation which is termed as liquidated damages. . (Cruise, 2013) However, liquidated damages do not come into the scenario when the party is intending to penalize the other party for any malpractice that would be Penalty and not liquidated damages. This was held in the case of Dunlop Pneumatic Tyre Co. Ltd. v New Garage Motor Co. Ltd. (1915). The liquidity damages clause would specifically indicate the loss (the details of loss, head of accounts) that the company has to bear if the other company does not complete the contract within the time specified, and also would provide that it is not a penalty but only a compensation as without completion of the task within the stipulated time would affect the company. (Rogers, 2012) In this case, Sydney Harbour Rescue Pty Ltd has only provided in the contract with Brisbane Marine that if the later company could not finish the job and deliver the same by 30th June 2014, a liquidated damage of $80,000 per day up to the date of delivery. The clause did not include what loss and in what head it would incur. The significance of providing the amount $80,000 is not mentioned, for which the liquidity damage clause did not hold good. 2. (b) Economic Duress in relation to additional payment Economic duress is threatening the party involved in a contract to do something as per demand of the other party who are in the contract with them. In an economic duress, unless the demand of the party is fulfilled, they threat to cancel the agreement. (Ohrenstein) The background of the case explains that Brisbane Marine (Brisbane) claimed $85,000 from Sydney saying they would need such amount for completion of the project to engage additional labour. Later Sydney informed Brisbane to deliver the same within stipulated period. After 3 days Brisbane informed in writing to Sydney that until $85,000 is paid to them, they will not work further in that project. Sydney paid such amount to them unwillingly, but later after delivery of the Catamaran, it was found that it is quality wise very low and is unable to perform well, engine broke down and $30,000 expended; later it was sold for $2, 00,000. In this case, there was a continuing contract between the parties; Brisbane has informed Sydney that they need the amount so that they can complete the catamaran within fixed time. It was not an act of coercion, but they said they would stop their work if the amount was not paid. Sydney, if did not pay the amount, the contract could not have been completed and delivered within 30th June 2014. The intention of Brisbane to do harm to Sydney was not evident from this case as the employment of labourers to complete the contract could have been necessary. But Sydney had no option as it would have otherwise subjected to contractual obligation of government. (Tan, 2002) Whether the additional payment can be recoverable Lack of consideration was involved as Sydney unwillingly paid $85,000 to Brisbane. In this decision, there was no mutuality involved. However, the amount was paid so that the project continues. The amount could be recovered only if Sydney can prove that the amount was taken by doing fraud or coercion. 2. (c) Whether Sydney can sue Brisbane Marine under Australian common law contract rules: In the backdrop of the case, the catamaran which was delivered by Brisbane Marine to Sydney was not as per the agreement entered into the contract for following reasons. The catamaran did not exceed 30knots whereas it was mentioned in the agreement that it must be able to operate at a continuous speed of 50knots. The engine broke up a couple of times and a repair costing $ 30,000 was incurred after just five months. The work performed by Brisbane did not result well as the catamaran was not efficient and up to the mark. It was later sold for only $2, 00,000 whereas the contract price was $6, 50,000. Later, Sidney bought a more capable patrol boat from TasKat, a Tasmanian boat manufacturer. Sydney can claim damage if it successfully proves that Brisbane could not meet as per contractual terms and conditions. Consideration in a contract refers to a promise made by one party to another in a contract. Here, the agreement was entered and the resultant catamaran was not as per the terms and conditions of the agreement. On the basis of this, Sydney Harbour Rescue Pty Ltd can claim damage or sue Brisbane Marine for not complying with the agreement. (Markovits, 2004) The agreement entered before must be signed by the competent authority making contract otherwise, the reasonableness of presence of contract would not be present and damages could not be claimed. In the process of claiming damages or suing, the company has to inform the other company (who has breached the contract) in a notice before going for a court proceeding. The Australian Common Law of Contract rules presently broadened the scope by introducing guarantee to consumers, remedy to unfair trade, liability of manufacturers etc. In this situation, the catamaran was sold in loss. The breaching company took an extra amount from the other company to deliver the product in time; the product was delivered on time but suffered from many difficulties. Thus, Sydney can claim damages from Brisbane by addressing on the particular issues that their loss has been incurred due to non performance or mistake from the part of Brisbane.(Alan Schwartz, 2003) Question 3 Common law misrepresentation overlaps with the statutory misleading conduct provisions. a. Explain how section 18 of The Australian Consumer Law differs from an actionable claim for misrepresentation under general common law? b. Explain how remedies under The Australian Consumer Law for a breach of section 18 differ from the remedies available for misrepresentation under general common law? Answer 3 3. (a) Section 18 of Consumer Law as well as the general law both provide for relief in the case of misrepresentation in case of contractual obligation earlier decided. The common law tends to provide remedies through the provisions of Consumer and protection Act 2010. This common law tends to provides relief by the mode of actionable claims over the parties in case of contracts are covered by the common law which are generally non commercial in nature. The claim of representation that arises during the contract of commercial nature where a fact induces a person to enter to a contract which is false in nature is generally covered by the Section 18 of the consumer law instead of general law. So section 18 pays a special intention on trade or commerce related contracts and provides rules for actionable claims on such cases only. The coverage area forms the basis of difference for the remedy provided under the common law and the commercial law which is covered under Australian Consumer law. The actionable claim under the common law is being more consumers oriented and focused on solving the issues of the consumers and people around. So the action taken by the different bodies would differ in both the cases and would therefore be handled by two laws for the purpose of the representation. The sale and trading related contracts would be taken care by the Consumer Law where as the other part would be dealt by the general commercial laws of the state. This would ensure better consultancy to the cases where consumers are a part. 3. (b) As the main principle of the formation of this Australian Consumer law is to differentiate the remedies that are available under the general commercial law and Section 18 of the Australian Consumer law. The ACL prohibits the misleading representations that are being provided by the act as any misrepresentation of the trade of commerce of the property that is to be sold which of violating nature would be considered as violating the provisions of the act. The law provides for any wrong disclosure of wrong trade policy to the consumer which might enable the public o enter into the contract. The remedies provided by the act are being governed by the law as it might cause an injunction order to be passed in the name of the party committing the fault. The remedies available are injunction orders, claiming the damages from the defaulting party. In the case of the general law the remedies depend on the type of fault and the motive behind the representation of the case and generally consist of the rescission of contracts and claim for damages. So the remedy in Section 18 is more illustrative and conceptual and does not provide for the cancellation of the contract easily by the people. The ge neral law is less strict as it does not deal with the consumers and hence contractual parties can get rid of the contract easily without any issue. So the law had been providing remedy on the basis of the person dealing with it and this enables better judicial features. Question 4 ABC Limited (the Company) is a small goods manufacturer in Brisbane. The company wants to appoint an agent to source international buyers specifically in the Asian market for the purchase of its small goods. The agent will have authority to enter into contracts up to $5 million on behalf of the Company. a. What general advice would you give to the Company regarding the agency appointment? Include in your answer advice regarding the duties and rights of the incoming agent? b. Outline the significance of any restrictions of the agency appointment. Include in your answer any remedies available to the Company if the agent exceeds the restrictions? In January 2014, ABC Limited appointed Xerxes under a two year express agency agreement, to the advertised position of sole agent for the Asia region. In April 2014, Xerxes obtained, on her own initiative, a highly profitable twelve month contract for an Icelandic company, Chilled Invested Limited to purchase a variety of small goods from ABC Limited. The contract was to commence 1st June 2014. The contract sum was $5 million. In September 2014 ABC Limited had second thoughts about continuing to sell the goods to Chilled Invested Limited. c. Is ABC Limited able to withdraw from the agreement? Is there a valid purchase contract in place? Answer 4 4. (c) In the month of January 2014 ABC limited appoints Xerxes in a two year contract in order to secure contracts in the Asian region. The agent procured a 12 month contract from a buyer named as Chilled Invested Limited (Assumed Iceland Buyer, non Asian region). The main issue is here is that is ratification possible over and above the Here the discussion is that whether the principal can ratify the agents work above the authority vested in it. Here it is given that the company ABC Limited started the trade from Iceland also. So even if the acts of the agent Xerxes were exceeding its authority yet the contract was ratified by the principal. There is no issue in this case The reason for the agreement that was entered between the principal ABC Limited and the agent Xerxes for 2 years and the principal can withdraw from the agreement before maturity only on the fulfilment of the conditions specified therein the agreement. The reason for this is that the agent does not have the authority of entering into a contract with a Non Asian Buyer during the period of contract Note: If we assume the Chilled Invested Limited is an Asian Buyer then it is a Valid Contract. References Australia, Government of. Australian Government. Government. "Changeling aspects." 2011. Office, Parliamentary Education. PEO. Alan Schwartz, R. E. (2003). Contract Theory and the Limits of Contract Law. Yale Law School Legal Scholarship Repository-Faculty Scholarship Series , 595-597. Cruise, R. (2013). Penalty clauses and liquidated damages: Traps for the unwary. Shoosmiths-Home-Client Resources-2013 legal updates , 1-2. Markovits, D. (2004). Contract and Collaboration. The Yale Law Journal , 1-2. Ohrenstein, D. (n.d.). KEY DEVELOPMENTS IN CONTRACT LAW:ECONOMIC DURESS. Radcliffe Chambers , 1. Rogers, B. (2012). Liquidated Damages Clause Example. The Contracts Guy , 1. Tan, D. (2002). CONSTRUCTING A DOCTRINE OF ECONOMIC DURESS. Construction Law Journal , 1-3.

Sunday, December 1, 2019

Power Struggles In Society Essays (1801 words) -

Power Struggles in Society Mills, Schudson, and Gitlin show different approaches to society and the role of mass media. Each approach helps illustrate a different focus on society. They each hold special relevance in a discussion of the history of societal beliefs. The Mass Society refers to the overall belief C. Wright Mills held in relation to the type of society he believed we live in. Mills began The Power Elite with a bold statement saying, "The powers of ordinary men are circumscribed by the everyday words in which they live, yet even in these rounds of job, family, and neighborhood they often seem driven by forces they can neither understand nor govern" (Mills, 1956, p.3). This opening sentence helps describe the attitude and beliefs of the entire book. A "power elite" exists in a society that is made up of three spheres. They are divided into economy, political, and military, with the same group of people interchanging between the three. This large group of elite is at the top making all the decisions, while the masses are at the bottom, unaware of the process that molds public opinion. Masses within this view of society are irrelevant and do not have any type of influence. The media functions as an entertainment source, keeping the masses entertained while the elite is taking care of all the important matters. It helps keep the reality and truth of the world obscured from the masses. Mills explained what the media does for the masses as "they distract him and obscure his chance to understand himself or his world, by fastening his attention upon artificial frenzies that are revolved within the program framework, usually by violent action or by what is called humor" (Mills, p.315). This helps illuminate how the mass media guides, tries to control, and manipulates the masses. Mills describes the effect of mass media as "a sort of psychological illiteracy" to the extent that we "often do not believe what we see before us until we read about it in the paper or hear about it on the radio" (Mills, p.311). The masses "standards of credulity, standards of reality, tend to be set by these media rather than by 'the masses' own fragmentary experience" (Mills p.311 ). Mass media's role helps prevent the questioning of the elite. "Families and churches and schools adapt to modern life; governments and armies and corporations shape it; and, as they do so, they turn these lesser institutions into means for their ends" (Mills, p.6). The family into which someone was born or marries into helps improve or decrease their social status. The school where one is educated or the church where one worships also plays a major role in the social standing. Schools teach skills to the masses that enable them to function in society. Institutions shape life and the masses adapt to what institutions create. The masses in the theory are very disorganized and not connected to others. An excellent way to describe to masses can be shown by watching The Twilight Zone movie. It is a state of total confusion for everyone, with each doing their own thing. The elite enjoy the state of confusion with the masses, because they are able to control the major decisions that must be made. They determine the policies and the people enlist in them. In the mass society, the elite control the policies and ways of thinking for the confused masses. Schudson approaches the nature of society in a much different way, through the idea of the democratic society. In Discovering the News, he discussed "an even distribution of income" and described the 1800's as "more people acquired wealth and political power 'bringing' with them a zeal for equal opportunity that led to the expansion of public education" (Schudson, 1978, p.44). When looking at society as a whole, you have them socially, economically, and politically integrated. "Economic development was promoted and shared by many rather than few" (Schudson, p.45). The press does not cause, but picks up elements, reflects, and builds from a democratic society. "The democratization of economic life brought with it attitudes that stressed economic gain to the exclusion of social aims; business practice more regularly began to reward strictly economic ties over