Thursday, September 3, 2020
Minority language rights
Minority language rights Presentation The semantic privileges of people having a place with national minorities are ensured by global human rights law. The human rights norms which identify with language rights are changed. Some have a place with what is frequently alluded to as hard law. These guidelines are of a lawfully restricting nature and are for the most part contained in bargains. A case of such a standard at the widespread level is Article 27 of the 1966 International Covenant on Civil and Political Rights.9 It is straight out as in it disallows States from denying people having a place with minorities the right, in network with different individuals from their gathering to utilize their own language. (Phillips Rosas, 1995, 13ââ¬76) Different models are Article 19(2) of the Covenant, which ensures opportunity of articulation (counting decision of language as a vehicle of correspondence), and Articles 2 and 26, which disallow segregation on various grounds including language. Article 2(1) of the 1966 International Covenant on Economic, Social and Cultural Rights10 comparably disallows separation on the premise, bury alia, of language corresponding to the delight in the rights concurred under that instrument. A similar restriction of segregation based on language is ensured by Article 2(1) of the 1989 Convention on the Rights of the Child11 with respect to the rights concurred in that. Significantly all the more demanding is the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families which, in Article 1(1), specifies that the Convention is to be applied to the proposed recipients inclination dependent on race, shading, drop, or national or ethnic starting point to the degree that the idea of _national or ethnic beginning may incorporate or be recognizable based on language, thus, as well, this Convention gives applicable norms. At the local level, the Member States of the Council of Europe have received two arrangements which address the issue of minority language rights: ââ¬Å"the 1992 European Charter for Regional or Minority Languages14 and the 1995 Framework Convention for the Protection of National Minorities.15 likewise, Article 14 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms restricts separation, in the pleasure in the counted rights and opportunities, based on language.â⬠(European Court of Human Rights, 2006, 33) Article 1 of the Convention determines that the idea of national minorities spread issues of language use. Different classes of principles which additionally look to secure the semantic privileges of people having a place with national minorities are now and then alluded to as delicate law. These incorporate instruments, for example, the 1992 UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (Lewis, 1998, 479-504). Article 2(1) of the Declaration alludes to one side of people having a place with etymological minorities to make the most of their own way of life, to affirm and rehearse their own religion and to utilize their own language in private and in broad daylight, openly and without obstruction or any type of segregation. Despite the fact that the assertion is moderately explicit, it isn't of itself lawfully official on States (Underdal, 1998, 5-36). The equivalent applies to the Copenhagen Document of the OSCE which, wh ile containing explicit arrangements establishing political duties authoritative on all OSCE partaking States, these are not restricting commitments under global law. At the sub-territorial level, the 1994 CEI [Central European Initiative] Instrument for the Protection of Minority Rights (which expects States to sign the report, despite that it's anything but a lawfully restricting instrument) gives insurances to the utilization of minority dialects. These instruments articulate gauges of conduct which reflect what the separate networks of States plan to be the standard. These delicate law instruments are significant perspectives for the worldwide network as they express shared qualities and certain measures to be advanced and regarded in relations between the State and people inside its purview. (Committee of Europe, 1994, 94-101) Despite the critical rundown of important measures, their detailing remains once in a while general and lacking explicitness concerning their exact application in solid circumstances. Taking into account this, and taking into account the way that minority language related issues are gone up against on a repetitive premise inside his work, the High Commissioner on National Minorities (HCNM) presumed that it is valuable to counsel various specialists of global notoriety and to request that they take a gander at the semantic privileges of national minorities in more noteworthy profundity with the end goal of building up a lot of commonsense rules. The HCNM imagined that such rules, to be put together legitimately and exclusively with respect to existing universal guidelines, would be amazingly helpful as States could allude to them when creating and executing minority language related arrangements and laws. They could likewise fill in as a kind of perspective for the HCNM in his own wor k. (Van de Kragt Dawes, 2003, 112-22) In the mid year of 1996, the HCNM mentioned the Foundation on Inter-Ethnic Relations (FIER) to take up the activity of growing such rules. The advancement of these rules was not to be an endeavor to set new norms; obviously, neither the HCNM nor the FIER had an order to embrace standard-setting (Underdal, 1998, 5-36). Or maybe, the rules were to comprise a specialist understanding of existing guidelines which could serve to encourage the turn of events and execution of suitable approaches and laws relating to the semantic privileges of national minorities. The specialists looked to give understanding of these measures relating legitimately or in a roundabout way to the semantic privileges of national minorities while keeping up intelligibility inside the whole arrangement of the worldwide security of human rights. (Committee of Europe, 1994, 94-101) The aftereffect of this procedure is a lot of language-related suggestions which center around various circles of guideline and movement of specific significance to the upkeep and improvement of the phonetic personality of people having a place with national minorities (Lewis, 1998, 479-504). The suggestions are isolated into the accompanying subject classes: Names, Religion, Community Life and NGOs, Media, Economic Life, Administrative Authorities and Public Services, Independent National Institutions, Judicial Authorities and Deprivation of Liberty. The Explanatory Note which goes with the suggestions (and is an essential piece of the report) indicates the connections between every proposal and pertinent universal human rights norms. (Hawkins, 1997, 403-434) Partition Of The Public And Private Spheres The Human Rights Committee (HRC) through its General Comments has introduced the idea of minority comprehensively, grasping non-residents in the classification of a minority. This is a huge improvement as far as the new development of the meaning of a minority, especially given that the HRC is in a situation to speak to UN practice in certain parts (Chen, 1998, 214). The HRCs General Comment on Article 27 states unequivocally as follows: ââ¬Å"The terms utilized in article 27 demonstrate that the people intended to be secured are the individuals who have a place with a gathering and who share in like manner a culture, a religion or potentially a language. Those terms likewise demonstrate that the people intended to be ensured need not be residents of the State party . . . A State gathering may not, consequently, confine the rights under article 27 to residents alone.â⬠(Human Rights Committee, 1992, 159ââ¬181) The HRCs see essentially appears to have followed the emotional and target models of the customary minority definition, however it is another rendition of the definition in that it doesn't require nationality or citizenship of the State of habitation. Besides, the HRC held: ââ¬Å"In those situations where outsiders establish a minority inside the significance of article 27, they will not be denied the right, in network with different individuals from their gathering, to make the most of their own way of life, to affirm and rehearse their own religion and to utilize their own language. Outsiders are qualified for equivalent insurance by the law. There will be no separation among outsiders and residents in the utilization of these rights. These privileges of outsiders might be qualified distinctly by such confinements as might be legally forced under the Covenant.â⬠(Human Rights Committee, 1992, 159ââ¬181) In this specific circumstance, an endeavor to characterize minority in universal law made by Special Rapporteur Eide of the Sub-Commission on the Prevention of Discrimination and Protection of Minorities84 shows the United Nations way to deal with the idea of a minority, which isn't restricted to residents of the State concerned. He characterizes a minority as follows: ââ¬Å"For the motivation behind this investigation, a minority is any gathering of people ââ¬Ëresident inside a sovereign State which comprises not exactly a large portion of the number of inhabitants in the national society and whose individuals share normal attributes of an ethnic, strict or phonetic nature that recognize them from the remainder of the population.â⬠(European Court of Human Rights, 2006, 33) It is basic to take note of that he adequately replaces the nationality or citizenship rule with the standard of spot of home. The populaces whose individuals share basic qualities of an ethnic, strict or phonetic nature and have lived in the region of the States concerned, are the definitive markers for distinguishing a minority status (Kusã ½, 2006, 299ââ¬306). On the off chance that this being the situation, it would be progressively relevant to concentrate on the way that the individuals from a minority gathering should have ââ¬Ëdurable binds with the State in which they live. This necessity is communicated in the w
Saturday, August 22, 2020
Malcom x Essay Example | Topics and Well Written Essays - 500 words
Malcom x - Essay Example ââ¬Å"He was met on significant TV programs and by magazines, and talked the nation over at different colleges and different discussions. His capacity was in his words, which so clearly portrayed the situation of blacks and implicated whitesâ⬠(in the same place.). The prejudice of the Nation of Islam forestalled Malcolm from tolerating any assistance from whites as true and able. Along these lines, Malcolm X continued lecturing for a long time that ââ¬Å"the white man was the villain and the Honorable Elijah Muhammad was Godââ¬â¢s Messenger (in the same place.). Despite the fact that unfortunateââ¬but importantââ¬Ã¢â¬Å"most pictures of Malcolm today center around this time of his life, in spite of the fact that the change he was going to experience would give him a totally unique, and increasingly significant, message for the American peopleâ⬠(in the same place.). Because of inside envy and the revelation of Elijah Muhammadââ¬â¢s extramarital perversion, Malc olm X left the Nation of Islam on March 12, 1964. During his appearance preceding his leaving, Malcolm X met Dr. Mahmoud Youssef Shawarbi who, after splitting said something huge to Malcolm X â⬠an Islamic Perspective has sorted out all occasions of any outcome in Malcolm Xââ¬â¢s life in sequential request, taking the peruser through his 12 years of lecturing while with the Nation of Islam to his journey of Mecca where he started to reappraise the white man and to infer that ââ¬Å"America needs to comprehend Islam since this is the one religion that deletes from its general public the race problemâ⬠(in the same place.). Therefore, Malcolm saw another vision for America and started composing letters to his unwavering associates requesting to have them copied and sent to the press. They contained the message of the ââ¬Å"Oneness of man under one Godâ⬠(in the same place.). Malcolm said that he presently realized that speculations against white individuals is as off-base as speculations against blacks. This new universalistic view was, be that as it may, too perilous to even think about lasting. El-Hajj Malik realized that he
Friday, August 21, 2020
APA Paper Format
APA Paper Format APA Paper Format APA Paper Format The greater part of the school papers must be written in APA group. APA group is a for the most part acknowledged standard for scholastic paper organizing. It characterizes the principles for school paper style: in-content reference references, pagination, edges, and so forth. By and large, APA group requires the accompanying: Utilize 1 inch edges from all sides of the page. The principal page is the cover sheet. The abbreviated title just as page numbers put in upper right corners. The separation is 1 inch from the highest point of the page and 1inch from the correct side. Twofold space between the lines. Make references for the rundown of refered to references. The rundown likewise ought to be twofold spaced.à It is put toward the finish of the school paper composing and it incorporates the works that you utilized composing paper. This rundown ought to be sorted out in order request by the last name of the creator. The text dimension is 12 point. In any case, the necessities of various universities are differing that is you might be approached to utilize 14 point text dimension for the paper. Remember to incorporate a theoretical passage directly after the spread page! No blueprint is fundamental! Paper Editing In the event that you don't know how to apply APA style to your paper, you may request proficient paper altering administration at site. We can guarantee that your paper is altered in appropriate APA format.â It infers to legitimate designing of spread page, unique, headings, references, reference list and even page layout.â Paper composing altering is a subjective assistance.â It implies that notwithstanding amended arrangement, you will get free suggestion on the most proficient method to improve your paper.â Professional proofreader will feature the segments of your paper that need improvement or revision.â furthermore, manager will disclose to you why and how to improve your paper.â Thus, you get paper appropriately organized in APA in addition to a definite proposal. Altering Paper Service It has never been simpler to have your paper refined.â If you look for paper altering administration, it implies that you care about your evaluations and you need to guarantee that your paper follows APA format.â Our altering costs are sufficiently low to evade budgetary weight on you.â APA paper design isn't uncommonly hard to follow; notwithstanding, it is extremely simple to become mixed up in all idiosyncrasies of it.â We are accessible every minute of every day to help.
Friday, June 12, 2020
About Raja yoga - Free Essay Example
When someone mentions yoga, thoughts that come to mind are exercise and meditation for many, including myself before taking this class. Yoga is actually a predominant practice in the Hindu religions and is a way for Hindus to embody their religion. Yoga comes from the Sanskrit root word yuj which means to unite. Yoga is a practice that is used for control, specifically having control over your mind, for the ultimate goal, to achieve moksha. There are multiple interpretations on how yoga is practiced depending on the type of Hinduism. The four most widely practiced and known types of yoga are bhakti, jnana, karma, and raja, which are all part of the Vedic Traditions and the Mahabharata. Even though yoga originates from the Hindu religions, it has become modernized to encompass more individuals for a market opportunity. Raja yoga is derived from the Vedic Tradition, and emphasizes ones awareness of their state of mind. Through this control, one can bring their mind to one focus point and it is believed that with this control and following the Eight-Fold Path one can achieve moksha. Bhakti (devotion) yoga directs individuals in a more personal way with their relationship with God. Through this, one should be able to awaken their love for God in all forms and have selfless love in order to remove selfish desire. Jnana Yoga is referred to as achieving spiritual liberation and having the ability to learn about their true self by separating what is either corporeal or incorporeal. Along with this, they proclaim neti, neti or not this, not this. With all of this, it should allow one to be able to detach themselves from their senses and be indifferent to the material world. Karma yoga is said to be the path of dedicated work: renouncing the results of our actions as a spiritual offering rather than hoardin g the results for ourselves. From this, it is saying that through karma yoga, one shouldnt do an action with anticipation of receiving praise or expect excellent outcomes. Rather one should be more humble and do their work as an offering to God. All of these different types of yoga and their purposed behind them, allow for individuals be able to embody their practice. This can be done privately, or it can be done as a community. By taking these practices and individuals applying them to their everyday lives, it shows how those of the Hindu religion are willing to follow what they believe in order to achieve their ultimate goal. Over the years, yoga has become modernized and structured in a way that is more of an exercise or means of meditation for those who arent apart of the Hindu religion. But it has also become an opportunity for many from a marketing stand point. There are yoga pants, mats, and the yoga ball. Along with all the books, podcasts or Youtube videos that circulate and say that if they do what that these products tell them, they will have a more positive life. In the US alone, yoga is a twenty-seven-billion dollar industry. So the modernization of yoga has taken away from what it was originally for. In Hinduism, it is practiced for religious purposes. With there being many forms of yoga, many are still for the practices of the Hindu religion. Which is a way that many embody their practice in their everyday life, by taking control of their mind, actions, strengthening their individual relationship with God, and finding their true selves. Along with that, there is the marketing aspect of modernized yoga.
Sunday, May 17, 2020
Maine s Suicide Prevention Program - 1267 Words
CM220: Unit 8: Assignment Letitia Merrill Kaplan University 9/4/15 Maine needs a better proactive prevention program for suicide. Maineââ¬â¢s suicide rate among all ages is unreasonably high. It is especially disconcerting to have a high rate among young adults. According to the Maine Suicide Prevention Program, one suicide happens every two days or 180 suicides year in Maine. It is the tenth leading cause of death among all age bracket in Maine. It is the second leading cause of death for ages 15 to 24; and the fourth leading cause in ages 10 to 14. (ââ¬Å"Maine Suicide Prevention Programâ⬠) There are programs in place to help. They do not seem to be enough. Maine has many programs in place to help. There is a specific hotline to call for each county in Maine. If the general 1-800 number is called, it will be rerouted to the local center for the client. They are opened 24/7 with trained staff standing by. In Franklin County, Evergreen Behavioral Services, a part of the Franklin Community Health Network, is the center. Each one of these ce nters offer a phone intervention, support, face to face with professionals, and treatment recommendations in the most comfortable and safe environment possible to be given to the client. (ââ¬Å"Maine Suicide Prevention Programâ⬠) All of these services are helpful, but reactive. Maine needs more proactive programs. Reactive prevention such as Evergreen Behavioral Services is a start. It is not enough. The first step to preventing suicide is,Show MoreRelatedThe Effect Of Suicide At Maine West On Maine East1963 Words à |à 8 PagesBUILDS The Effect of Suicide at Maine West on Maine East The girl that is walking down the hall past you, the one you said ââ¬Å"reekedâ⬠? She has been going to school with you since the first grade, and sheââ¬â¢s someone who has never done anything but be nice to you, while all you do is degrade her. What you donââ¬â¢t know, is that her mind is eating away at itself because she is suffering from depression and anxiety. She does not need your words to make her feel any worse; she is already at her breaking pointRead MoreMaking Schools Safer From Bullying1510 Words à |à 7 Pagesall forms of harassment not limited to: race, gender, disability, or sexual orientation (ââ¬Å"nsw.gov.auâ⬠). All forms of bullying have been proven to leave long-term effects on the victims. Bully victims are between 2 to 9 times more likely to consider suicide than non-victims, according to studies by Yale University (ââ¬Å"Bullying Statisticsâ⬠). It is not just students that encourage the bully who victimized, but the students who watch in silence hurt the victim as well. Bullying leads back to the beginningRead MoreHistory and Moral Development of Mental Health Treatment and Involuntary Commitment10378 Words à |à 42 Pagescommitment has become increasingly more difficult, due to many various legal reforms, such as the increased number of professions with the ability to assist with the process, the least restrictive mandate, and the right to refuse treatment mandate. Maine has created amendments to laws that have changed the dynamics of involuntary commitment, including giving persons the ability to refuse treatment, restricting involuntary commitment to persons that are at high risk to themselves or others, and placingRead MoreSuicide Among College Students2688 Words à |à 11 PagesSUICIDE AMONG COLLEGE STUDENTS Suicide has become a critical, national problem and the extent of this is mind-boggling. Suicides have been proven to be one of the leading causes of death among college students. According to Webters dictionary suicide is the act killing oneself on purpose. It derived from the Latin sui, meaning self, and caedere, which means to kill. But this is just a definition, because an actual suicide holds different meanings to people such as tragic, shocking, a reliefRead More Suicide among college students Essay example2677 Words à |à 11 Pagesnbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp; SUICIDE AMONG COLLEGE STUDENTS Suicide has become a critical, national problem and the extent of this is mind-boggling. Suicides have been proven to be one of the leading causes of death among college students. According to Webters dictionary ââ¬Å"suicide is the act killing oneself on purposeâ⬠. It derived from the Latin sui, meaning ââ¬Å"selfâ⬠, and caedere, which means ââ¬Å"to killâ⬠. But this is just a definition, because an actual suicide holds different meanings to peopleRead MoreEssay about Bullying and Harassment Among the Lgbtq Youth3521 Words à |à 15 PagesStates and have proved to have serious implications, such as problems in academics for those who are victimized by bullies. Victimization from bullying and harassment can be linked to lowered self-esteem, anxiety, depression, avoidance of school, and suicide (Hawker amp; Boulton, 2000). Unfortunately, one of the most victimized groups of students subjected to bullying and harassment is the lesbian, gay, bisexual, tran sgendered and queer youth. According to the National Youth Association,Read MoreShould Alcohol Advertising Be Banned in Australia?2435 Words à |à 10 Pagesalcoholics are emotional stressors. About 25% of the patients with alcohol dependence have co existing anxiety disorders and 20%-40% of them exhibit stress and occasional hallucinations. Alcohol dependent patients are prone to commit suicide and about one quarter of all suicides is generally males over 35 years of age. Alcohol consumption can start as early as elementary school (Anderson et al., 2005; Windle et al., 2008), with 9.8% of 4th graders, 16.1% of 5th graders, and 29.4% of 6th graders supportingRead MoreBarbie s Role Models Represent The Unobtainable Physique1811 Words à |à 8 Pagesreal life measurements. However, these measurements are based upon a woman with a height of 6ââ¬â¢1â⬠. When I was a child, some 40 years ago, the average height of a woman was approximately 5ââ¬â¢3.5â⬠, as determined by the Centers for Disease Control and Prevention (CDC). That average height has not changed much through the decades. Today, it is approximately 5ââ¬â¢4â⬠(Ogden, 10). It should be noted, the average weight for a woman with a height of 5ââ¬â¢4â⬠ranges from 115 to 140 pounds, well above Barbieââ¬â¢s weightRead MoreEssay about Sex Education in School4599 Words à |à 19 Pagesadolescents and their budding sexuality. By perpetuating an archetype of sexua l innocence they only accomplish a spreading of sexual ignorance. Comprehensive sexuality education in every school would end the inefficacy of abstinence until marriage programs and resolve the many sexual problems facing the youth of today. The state of teenage sexuality in America right now is a dismal thought. Young people lack the most basic information, like how to prevent pregnancy and sexually transmitted diseasesRead MoreAmerican Holidays11778 Words à |à 48 Pages|Louisville | | |LA |La. |Louisiana |Baton Rouge |New Orleans * | | |ME |Maine |Maine |Augusta |Portland | | |MD |Md. |Maryland |Annapolis |Baltimore
Wednesday, May 6, 2020
Personal Finance - 3482 Words
Foundations for Financial Success Volume 1, Issue 1, March 3, 2011 TABLE CONTENTS OF What is financial literacy and why is it important? Financial literacy is the ability to use knowledge and skills to manage financial resources effectively for a lifetime of financial well-being. More specifically, it refers to the set of skills and knowledge that allow an individual to make informed and effective decisions through their understanding of finances. Financial literacy involves a number of different areas of understanding. Learning about money and how it works is an important aspect, as well as understanding products like credit, loans, and investments. Competency in managing money appears to be a skill that doesnââ¬â¢t come naturally toâ⬠¦show more contentâ⬠¦This is why money alone does not make you rich. - Robert Kiyosaki Newsletter Determining Where Your Money Goes Title To determine where your money goes, you must be able to understand the importance of a personal cash flow statement, and the components needed to develop this tool. The cash flow statement outlines your total income and total expenses to demonstrate where your money is going and how much of it. This can help you control expenses. The potential benefits of examining your cash flow may lead to moderate spending, increased savings and investments, and peace of mind knowing that you are now in control. The merits of examining a cash flow statement will be illustrated in the following example. Once you have gone through Stephanie Sprattââ¬â¢s cash flow statement, you Example will realize how important it is to make sure your expenses are not exceeding your income. The best way to do this is by budgeting. In Stephanie Sprattââ¬â¢s case you will see how much her morning coffee can add up over the course of a month. You will also realize that making small, manageable changes in your ev eryday expenses can have just as big of an impact on your financial situation as getting a raise. Opportunity cost is a financial term which represents what you give up as a result of that decision. By spending money for a specificShow MoreRelatedpersonal finance 51057 Words à |à 5 Pagescredit card offer and the one from question 10 above. Which offer would you be more likely to choose? Why? (3-6 sentences. 2.0 points) A Regions Personal Credit Card is a revolving line of credit that allows you to borrow funds to pay for goods and services you purchase, to get a cash advance, or to pay balances you owe to other creditors. You may use your Personal Credit Card for: â⬠¢ Purchases â⬠¢ Balance transfers â⬠¢ Cash advances â⬠¢ Overdraft protection, up to the amount available for cash advances underRead MorePersonal Finance And Social Finance1268 Words à |à 6 PagesPersonal Finance has always been an emotional topic in the United States. Today, many Americans are generating unlimited wealth and living exceptional lives, while others are struggling to make ends meet. Evidently, peopleââ¬â¢s actions and beliefs are the deciding factors in their achievement of wealth. Thus, this huge gap in wealth between rich and poor people has a special connection with the philosophy and attitude of each individual toward personal finance. Merriam-Webster Dictionary definedRead MorePersonal Finance3728 Words à |à 15 PagesPersonal Finance Chris Cannard, Van Trinh, Jommel Esteybar, Edward Sy, Cricket Williams, Trey Vogel San Jose State University Abstract Many people assume that handling personal finances is straightforward and can be done with little to no preparation. This paper delves into the many different aspects of personal finance. It discusses the tools that we are learning in class and explains how these tools that can be used to save for retirement. It offers tips to improve your financial standingRead MorePersonal Finance And Social Finance1196 Words à |à 5 PagesPersonal Finance has always been an emotional topic in the United States. Today, many Americans are generating unlimited wealth and living exceptional lives, while others are struggling to make ends meet. Evidently, peopleââ¬â¢s actions and beliefs are the deciding factors in their achievement of wealth. 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The Mission Statement of Lamar University, aspires to engage and empower students with the skills and knowledge to thrive in their personal lives and chosen fields of endeavor. I believe that the course Personal Finance 101, directly respects our Universityââ¬â¢s mission. Personal Finance is defined as the financial decisions and activities of an individualRead MorePersonal Finance608 Words à |à 3 PagesUnit10- Personal Finances Marc Wilks Kaplan University MM 212 Professor Heather Bullard October 3, 2015 Having an understanding of basic financial principles is essential for anyone who wants to exercise control over their personal income. Without it, how can anyone plan how to pay for next monthââ¬â¢s bills, much less plan for retirement? I learned that a basic knowledge of financial basics is essential if I was to have any chance of being
Business and Corporations Law Woordside Energy Ltd.
Question: Discuss about the Business and Corporations Law for Woordside Energy Ltd. Answer: Introduction: Consider the following situations and indicate whether consideration is present and whether Jack has an enforceable agreement: In the present situation, Jane is the promisor and Jack is the promisee. Jane has offered the car to Jack, to which Jack has also agreed. Even when the elements of valid contract i.e. offer and acceptance are present, this situation lacks consideration. Jane has not mentioned any consideration for the promise to give Lotus Super 7 sports car to Jack. Consideration is an essential part of a contract without which the contract may be termed as void. It is pertinent for the promisor to receive some amount of consideration in return if the price. In other words, it can be said that consideration is the price paid for the promise. As per the common law, a promisee must give some consideration for the promise it receives, for such a contract to be valid and binding between the promisor and the promisee. (Caffrey, 1991) Further, in Placer Development Ltd. Commonwealth [(1969) 121 CLR 353], the court held that if either of the parties to the contract have an option to choose to which extent they should perform or if there is any ambiguity in determining consideration to be paid for the promise, then it shall not be considered as valid consideration and thus there shall not be any valid contract between the parties. Also, the promisor must specify the consideration in return of promise either directly or indirectly. The promisee cannot ponder on any aspect and consider it to be the consideration in return of the promise. It is necessary for the consideration to be legal; irrespective of it being of monetary value or non-monetary value. (Vermeesch Lindgren, 1971) Since, in the present case Jane has not determined the price for her promise i.e. to give car to Jack, this constitutes invalid consideration. Further, it cannot be said that from the circumstances of the case the consideration could be determined because Jane was going overseas so she would sell her car at market price. Consideration is not something, which promisee can ponder over and determine but it must come from the promisor. In the present case, promisor has not agreed to any price as the amount of consideration and thus there is no valid consideration. In the present case, Jane has offered to sell his car at a price of $25000, which is also the market value of this car and the same has been agreed between both the parties. The elements of offer, acceptance and consideration are clearly established between the parties. In terms of law, consideration is merely the price paid in return of the promise made to the other party. Such a price, which consists consideration must be of some value but is not always required to be monetary. Consideration also includes vesting of right, benefit or interest. (Shtein Lindgren, 1973) For consideration to be valid it must be in some form as stipulated by the promisor in favor of the promise. Consideration is the amount that the promisor asks from the promisee to fulfill the promise between them.(Clarke, 2013) The price for the car i.e. $25000 is the consideration in the present situation. This is a valid consideration since it is legal and has a distinct value in the eyes of law and is also enforceable before law. This is a real consideration agreed between the parties and thus constitutes valid and binding consideration. In the present situation, Jean has offered Jack to sell her car at $2500. This is a monetary amount, which is legal and has a value in the eyes of law. Consideration is also defined as a measure of intent between the parties, which is used in establishing legally binding obligations and rights between such parties. As long as there is a value of consideration, the courts shall not intervene and ponder over the question of adequacy of such consideration. It is pertinent for consideration to have some value but it is irrelevant of how much the value is actually. However, to this general rule of consideration, these are the following two exceptions:(Clarke, 2013) Deeds or documents under seal- where there are deeds or any documents under seal, then consideration is not mandatory to form a binding contract. Doctrine of promissory estoppel- this doctrine ensures enforcement of promises in such situations where otherwise it would be inequitable to do so. However, it is not a strict exception to consideration and thus cannot be strictly substituted in place of consideration. As mentioned above, the law is clear on the point that consideration is the price, which the promisor demands in return of the promise made. In respect to consideration, price is defined in a broad sense, which means that it is not necessary for the price to be determined in terms of monetary value. In Carlill v. Carbolic Smoke Ball Co., it was held that it is necessary that the consideration follows from the promisor and should move to the promisee. For consideration to be valid, it is integral that it should not be illegal or in a manner that seeks to violate any law in force. The consideration irrespective of what is it must be legally enforceable before the law. The nature of consideration was discussed in Chappell v. Nestle, wherein it was expressed that even if the promisor stipulates a mere peppercorn as consideration, it would be considered valid. Further, consideration must be such that has a value in the eyes of law. Consideration must exist in reality and should be capable of being transfer from the promisee to the promisor in lieu of the promise between them. Consideration cannot be any illusionary undertaking between the parties.(Fitzroy Legal Serive, 2015) It is of no significance that the market price of the car is $25000, but the consideration fixed in $2500. The price stipulated for the car by Jane is $2500 and the same is accepted by Jack. Thus, it forms valid consideration between the parties because all essential elements of consideration are present in it. In the present case, the main issue is that the buyers position to perform in the contract between the parties was weakened and the shipbuilder exerted wrongful use of economic pressure. This situation gives rise to economic duress. In lieu of devaluating currency, the shipbuilder demanded an extra price for the country or otherwise threatened to stop the work. On the other hand, the buyer has already entered into contracts on the basis of its contract with the shipbuilder and was required to deliver the tanker to other party. However, another issue in the present case is that even after delivery of tanker, the buyer failed to commence the legal action until a long period of nine months. Thus, now the main issue becomes whether buyer can claim the benefits of economic duress after a period of nine months. When one party takes the position of dominant party and therefore threatens to not perform in the contract until and unless certain economic conditions are not fulfilled then it constitutes economic duress. However, to prove such economic duress it is pertinent that the weaker party had no other option available rather than fulfilling the condition of the dominant party. In case of economic duress, the contract becomes voidable at the end of the weaker party and thus damages can be claimed by such party, which had to act under economic duress of the dominant party. (Stewart, 1984) The doctrine of economic duress states that if one party applies illegitimate pressure on the other party to perform then the contract becomes voidable. In Electrcity Generation Corporation t/as Verve Energy v. Woordside Energy Ltd. [2013] WA SCA 36, the Western Australian Court of Appeal held that refusing to supply additional gas and thereby forcing the other party indirectly to enter in short-term gas sale agreement, results into pressure and constitutes economic duress, wherein the contract shall be considered as voidable (Bant, 2014). In such situation, the party, which was forced to enter into contract, may claim damages before the court of law. Thus, it is pertinent for parties to consider the factor of economic duress along with good faith, when any variations are negotiated in respect to the contract. (Cahif Bordignon, 2013) In Maskell v. Horner and Skeate v. Beale, if an agreement is made under duress it cannot be termed as void. However, when there is a threat that the contract shall be rescinded and it leads to payment of valuable consideration then such contract becomes voidable so that it can be avoided and any amount of excess money can be recovered from the dominating party. Another significant principle of the contract law is the duty of the buyer to act immediately upon delivery in case any of the rights of the buyer are violated while fulfilling the contractual obligations. It is the utmost duty of the buyer to not delay in bringing the case of economic duress before the courts so that the contract can be deemed as voidable and therefore damages granted to the weaker party. Thus, a party who sleeps over his rights cannot claim such rights after a considerable period of time. The party, whose right is violated must act diligently towards it and should not make any delays in approaching the court of law. Further, in North Ocean Shipping v. Hyundai Construction (The Atlantic Baron) [1979] QB 705, the defendants threatened the claimants that the contract would not be completed until they are made good of the profits suffered due to devaluation of currency. Considering future obligations of the claimant with other parties in respect to the same contract, the claimant agreed to payment of additional price. However, in this case the claimants bought the issue before the courts of law after a period of eight months of the delivery of ship. Thus, the court held that the contract was voidable due to economic duress and the claimants would have a right to damages under such contract, however the claimants took long to approach the contract, this implies that they have affirmed the contract and therefore the right to rescind the contract was lost. In the current situation, the consideration demanded for continuing the contract constitutes good consideration to the amount of US3$ million. Further, the buyer had already contracted other parties in regards to the tanker, which was to be delivered by the shipbuilder. Thus, the buyer had to sell the tanker and required delivery as schedules in the original agreement between them. Here the buyer did not have any right to reject the new variation introduced by the shipbuilder and had to pay the additional consideration so as to avoid future loss of business and reputation. It can be clearly concluded that the buyer was bound by the shipbuilder and was under the economic duress to perform he additional variation in the contract. Such economic duress lead the contract to be voidable at the end of the buyer, whereby giving the option to the buyer to either rescind the contract or claim damages of additional consideration or do both these options before the court. However, it was pertine nt for the buyer to bring such action before the courts of law within a considerable period of time. Bringing action after a period of nine months does not constitute considerable period and thereby restricts the right of the buyer to enforce doctrine of economic duress in his favor. Thus, it can be finally concluded that still enforce the doctrine of economic duress, the buyer should bring strong proofs as to why and how it was disabled to approach the court within a considerable period of time and thereby explain the court the reasons as to why it took the buyer good nine months to enforce its rights. In the present situation, it would be highly difficult for the buyer to establish rights after a period of nine months and this aspect is clearly explained in the Atlantic Baron Case. However, if the buyer would have approached the court without making such delay, then it would have the right as granted under the doctrine of economic duress to recover damages suffered by paying additional consideration to the shipbuilder. References Placer Development Ltd. Commonwealth [(1969) 121 CLR 353], Carlill v. Carbolic Smoke Ball Co [1983] 1 QB 256 Chappell v. Nestle [1960] AC 87 Electrcity Generation Corporation t/as Verve Energy v. Woordside Energy Ltd. [2013] WA SCA 36 Maskell v. Horner [1915] 3 KB 106 Skeate v. Beale [1840] 11 AD E 983 North Ocean Shipping v. Hyundai Construction (The Atlantic Baron) [1979] QB 705 Bant, E., 2014. An Opportunity Saved: Duress in the High Court of Australia: Verve Energy. [Online] Available at: https://blogs.unimelb.edu.au/opinionsonhigh/2014/03/12/bant-verve-energy/ [Accessed 16 July 2016]. Caffrey, B.A., 1991. Guidebook to Contract Law in Australia. Australia: CCH Australia. Cahif, A. Bordignon, L., 2013. Australia: Economic duress: be careful how you act when you hold all the power under a contract. [Online] Available at: https://www.mondaq.com/australia/x/257210/Contract+Law/Economic+duress+be+careful+how+you+act+when+you+hold+all+the+power+under+a+contract [Accessed 16 July 2016]. Clarke, J., 2013. Consideration. [Online] Available at: https://www.australiancontractlaw.com/law/formation-consideration.html [Accessed 16 July 2016]. Clarke, J., 2013. Formation of Contract. [Online] Available at: https://www.australiancontractlaw.com/law/formation.html [Accessed 16 July 2016]. Fitzroy Legal Serive, 2015. The Law Handbook Victorias most trusted practical guide to the law since 1977. [Online] Available at: https://www.lawhandbook.org.au/07_01_02_elements_of_a_contract/ [Accessed 16 July 2016]. Shtein, B.J.L. Lindgren, K.E., 1973. An introduction to Business Law. The Law Book Company Limited. Stewart, A., 1984. Economic Duress- Legal Regulation of Commercial Pressure. Melbourne University Law Review, 14, pp.410-41. Vermeesch, R.B. Lindgren, K.E., 1971. Business Law of Australia. Butterworths.
Saturday, April 11, 2020
How to Write Higher Education Essay Topics
How to Write Higher Education Essay TopicsWriting a higher education essay topic can be a bit tricky, and if you aren't careful about your choice of words and grammatical structure, it can get you in trouble. So, what are some things that you need to consider before you start writing?Grammar - Have you been reading too much grammar and spelling book lately? If so, I bet you are excited about writing a more effective essay topic, but maybe you haven't been studying the subject, as the grammar is a little bit tricky. And it's not just writing it needs to be taught, it needs to be learned, because you may be stuck in the habit of not following proper grammar and you won't make a mistake.Tone - How do you want to be perceived? Some students believe that the more they say, the better their essay will be, while other students believe that the less they say, the better their essay will be. In general, we tend to like to hear ourselves speak, so we tend to think that if we can articulate our thoughts clearly enough, then others will agree with us.Tone often holds a lot of significance in higher education essays. Generally speaking, we tend to like to hear ourselves talk, as well as hear others speak, so we tend to assume that a professor's tone of voice indicates his or her opinion about the material being discussed. In a job interview, we don't want a boss who speaks with an overly-strident accent, for example. In a school assignment, we'd like to hear our opinion heard clearly and without grating, which in the case of school assignments should be from a good command of the subject matter.Topic - You've probably come up with some topics in your head or have a lot of material already, but you still need to think about the topic and how you're going to write the essay topic. Do you want to talk about your college experience, or the life of your parents, or the life of your parents' generation? Do you want to talk about subjects that will interest you, or are you writing a topic that you know you're going to get and in.Type - Is the type of essay you're writing right for the subject? If you want to talk about how important your specific college experiences are, go right ahead. If you want to talk about how hard life can be for some of your classmates, then you'll probably have a harder time writing the topic you want to.Using these ideas and getting some of your own essay topics down before you start writing. The idea is to have a good feel for the topic, because a great topic may be totally different from one you had in mind.
Friday, April 3, 2020
Outrageous How to Make an Essay about Yourself Tips
Outrageous How to Make an Essay about Yourself Tips You should have a mindset that you don't have any other means of winning your reader's interest but through your introduction. You want to understand how to encourage readers to keep reading. Take into consideration how often you get started reading a report and don't read over a line or two because you get rid of interest just that fast. Besides the simple fact that writing personal experiences are rather easy to write, it's also a manner of building connections and relations with your readers. The cost of an essay depends upon the quantity of effort the writer has to exert. A variety of quotations might also do the job. There are an infinite number of ways to commence an essay effectively. To begin with, there are some methods to open an essay. Furthermore, before you begin working on your essay, always make sure you learn great strategies to begin an essay. As a writer, you compose an essay for a particular purpose. However much you plan and make an essay writing environment that's conducive to success, writer's block will take place. The principal question of all students who must compose a reflective or private essay is whether it's possible to think of such sort of academic paper without sounding too egotistical. Then you're ready to put the thesis for the reader to bear in mind as they go through your work. 1 approach to keep on track is to utilize your thesis statement and topic sentences. The last point to observe is the best way to compose a conclusion for an expository essay. If you haven't been assigned a topic, you have a bit more work to do. There are several good strategies to begin an essay. There are an infinite number of approaches to begin a great essay. Top Choices of How to Make an Essay about Yourself If your essay is describing a process, like how to make a huge chocolate cake, make sure your paragraphs fall in the right purchase. You know the sort of introduction I'm speaking about, the one that you write in 22 seconds as you have to receive your paper done in no time flat. If you would rather make an outline, write your topic at the peak of the webpage. In some instances, a topic might already be given. You don't need to compose your introduction first. An introduction also acts as a map to the remainder of your paper. A superb introduction is similar to a very first impression. Actually, a short and easy introduction is jam-packed with information since its primary goal would be brevity. How to Make an Essay about Yourself - Is it a Scam? Every essay has two sides and before you get started working on one, make sure that you fully grasp each side. Attempt to paraphrase, or write your very own distinctive spin on a definition whenever you may. At times, you can want to acknowledge a shortfalling in a sheet of evidence, or add a proviso. Sometimes, a lot of people find them overwhelming but should you break the writing process into small pieces and attempt to finish your draft step-by-step, you can expect you are going to feel more confident and work more productively. Ideas, Formulas and Shortcuts for How to Make an Essay about Yourself Applying for a scholarship is additi onally a prudent move to lower cost. While an essay is a sizable project, there are various steps a student can take which will help break down the task into manageable components. Give them a general idea of what you could do well, and describe the way you can contribute your knowledge to the prosperity of that specific college or university. Therefore, many students and employees decide to obtain cheap essay rather than writing it themselves. So How About How to Make an Essay about Yourself? Like anything it requires a little time and practice to craft the ideal introduction, but it's well worth it! Have a crystal clear head when you begin to write. In case you have something on your mind, attempt to locate a way to focus. Clear your mind of all of the situations you need to do or will have to do. The conclusion was made to help your reader from the paper's argument, giving them a feeling of finality. A quote may often be perceived as such. For example, a humorous quote does not establish a paper on slavery well.
Sunday, March 8, 2020
Finding Hot Essay Topics for High School Students
Finding Hot Essay Topics for High School StudentsHot essay topics for high school students are pretty popular, especially at the beginning of the academic year. This is due to several factors, including the fact that students in the middle and high school grades will likely be first or second in line to go to college. As such, there's a lot of competition among high school students to find their way to top colleges.There are several ways to narrow down your search and find the perfect essay topics. The first step is to pick one topic and write an essay on it. The next step is to try out different topic choices until you find one that interests you.You'll want to figure out a variety of different topics in order to make sure that you'll have enough topics to write your entire essay on. You should also think about whether or not the topic will help you get into college. If the topic will help you find a good college, you may want to write about it as well.Because most people will choos e to write in high school to earn college credit, a good topic for the essay will probably help you get into college. To determine which topics are useful, you need to look at how well the topic relates to the admission requirements of your college. For example, if you're applying to a large liberal arts college, you might not want to spend a lot of time talking about military history.It's a good idea to think about a variety of topics in order to find the right one for you. This will help you decide which topics are not only relevant to college but also interesting. For example, if you're looking for topics that involve summer camp, you might also look at sports. The more specific you can be with your topics, the better off you'll be.An added benefit of writing a hot topic is that you'll be able to sell your topic as being interesting. If you do this correctly, you'll also come off as being unique. Many people write essays about something interesting, but it doesn't necessarily mea n they're interested in it. Writing about an interesting topic can make you seem interested and relatable.So, don't overlook topic ideas that will appeal to you. You'll likely find that your article will provide some new information about yourself, too. In the end, you'll stand out as someone who's willing to take chances and come up with a good topic.
Sunday, January 26, 2020
Who Is Misleading Us About Dissertation Writing?
Who Is Misleading Us About Dissertation Writing? The Dissertation Writing Chronicles There's no need to cover the whole paper at the same time. Even in the event the proposal isn't mandatory in your university, you still ought to write it and explore the points with your mentor. You only have to look at our dissertation writing reviews to observe the fact of that statement. You might have to look through plenty of literature on a subject to obtain some that you will need for a paper. It's necessary for you to experience the paper after you complete it. Every academic paper wants a structure. Writing a dissertation paper is the most difficult undertaking for students. Dissertation Writing - Dead or Alive? Inexpensive dissertation writing services really are an easy, stress-free approach to managing all of your own writing needs. The main goal of dissertation help companies is to give professional academic help in record-beating time to students. Writing service malaysia jobs dissertation is not just reasonably priced price! No wonder you're looking into our dissertation assistance support! Whether you require urgent aid with thesis or dissertation, we can offer you precisely what you're looking for. The simplest way to construct a dissertation is inside-out. When you are in need of a dissertation or thesis, select the most trusted, custom-wr iting service in the business that will help you. You may try to compose your dissertation or thesis and struggle with something new and hard for you. Knowing the structure of the dissertation The most essential facet of writing a dissertation is to realize the full structure to present the study. So, you'll want to start your dissertation work with a robust and in depth literature review. So, you're preparing to compose a Ph.D. dissertation in an experimental region of Computer Science. Our dissertation writing services are guaranteed to craft you the very best dissertation possible. Dissertation Writing Features Not only will the work be of an unbelievably higher quality but it's going to be uniquely written from scratch so that it is completely original and tailored to your requirements. So place your order, give us your instructions, and wait for a while until it is done. Should you need dissertation help, you've come to the correct spot! Our dissertation help is here in order to help save you time and energy. Dissertation Writing - Overview Stand up for what you think is essential, and for what you wish to say. Frequ ently, students erroneously assume that writing help is extremely pricey. You're not permitted to provide access to the Dissertation Writing Room to anybody. You'll be emailed whenever your carrel assignment is available. There are many steps that have to be completed in order to complete the dissertation. Don't even consider dissertation editing once you finish writing the previous sentence. Contrary to other types of writing which don't have any deadlines for submission, academic writings arrive with deadlines within which time they have to be submitted. Furthermore, the content of your custom made dissertation will incorporate a list of citations, correctly formatted. If you are searching for a premium quality dissertation provider, worry no more. You may order a customized dissertation at our site. No portion of the customized dissertation is going to be a copy from some other literary source. Dissertation Writing Secrets That No One Else Knows About Ideas for diss ertation topics ought to be deep enough to find the the heart of the given subject and produce a valuable contribution. The dissertation topic and question ought to be sufficiently focused that it is possible to collect all the crucial data within a comparatively brief time-frame, usually about six weeks for undergraduate programmes. A dissertation is easily the most important part of your PhD and, consequently, should assume the bulk of your attention and energy. A dissertation is your chance in a doctorate program to contribute new understanding, theories or practices to your area. At times, even when you appreciate the differences between the dissertation and previous work and know that you truly need to finish the degree, you might still have trouble. It's essential to be ready to critique and revise your own work many times. Our writers are prepared to fulfill your requirements and conditions as well as to assist you in terms of academic activity. Every student definitely knows that the dissertation is a considerable part of the advanced academic level, therefore it should take up lots of time and energy.
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