...Restitution an old concept Restitution v Compensation (most cases) i.e.: remedy of compensation Unjust enrichment has 4 main elements (confirmed in Banque Financiere) **** sets out the structure. i) defendant’s enrichment (money is very clearly a benefit to you) (can spend it, can use it) ii) at the claimant’s expense? (did the money come from the bank?) transfer of value from the C or substraction from C … didn’t lose money, but lost time and expertise i.e.: repairing a table iii) was the enrichment unjust? (unjust factors: i.e.: could be a mistake, failure of consideration benefit has passed, but had failed to provide consideration., exploitation) iv) Are there any valid defences? We don’t want the defendant to suffer as well. The claimant doesn’t necessarily gain back everything. (CHANGE OF POSITION THE DEFENDANT RELIED ON THE ENRICHMENT). Reliance, detrimental reliance, links with estoppel. i.e.: textbook, nightout, books. Instead of buying new textbooks, could have bought 2nd hand. Instead of spending the nightout, could have paid individually. The court only look at the gain you still HAVE. They might take away your books, laptop (require to sell off the laptop) depends on REASONABLENESS /SENSIBILITY. So, i.e.: if you spend on HOLIDAY, on other things, i.e.: spend on nightout dinner, the court cant take back anything! Chase Manhanttan. made 2 payments, only should made 1. After being made, the bank went bankrupt, found a constructive trust...
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...Lacey Lehman February 10, 2014 Comp Lit 8 MSW ASSIGNMENT 11 © stocklight / Shutterstock.com © stocklight / Shutterstock.com American snowboarder Shaun White won Olympic gold medals in the half pipe event in 2006 and 2010. White’s thick mop of red hair and repertoire of gravity-defying tricks earned him the nickname “the Flying Tomato.” Born on Sept. 3, 1986, in San Diego, Calif., White grew up in nearby Carlsbad. He survived a heart defect that required two operations when he was an infant. Despite his early health problems, he was soon skateboarding, surfing, skiing, and playing soccer (association football). He took up snowboarding at age six and the next year won his first competition. He became a phenomenon on the amateur circuit, claiming five national titles, and turned professional at 13. After making his Winter X Games debut in 2000, he went on to rack up five slope style titles (2003–06, 2009) as well as five super pipe titles (2003, 2006, 2008–10). At age 15 White fell 0.3 point short of qualifying for the U.S. team for the 2002 Winter Olympic Games in Salt Lake City, Utah. Undeterred, he dominated the professional circuit for the next two years, and when qualifying began for the 2006 Winter Olympics in Turin, Italy, he won the halfpipe in all five of the Grand Prix events that determined team selection. At Turin, White clinched the gold medal on his first run of the finals, when he performed two 1,080° (three full spins) airs on the frontside of the pipe and...
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...Gray Case: Moss and McAdams Accounting Firm 1. If you were Palmer at the end of the case, how would you respond? If I were in Palmer’s position, I would accept Sands and Olds choice and move on as the bottom line is to work towards accomplishing the organization’s goals. Considering the toll the situation had on Olds, it would be only fair to grant his wish and ensure that things get back right on track. In addition, I would also persuade Sands to find someone who has a skill set close to Olds, so that the slipping schedule can be brought back on track and ensure that the project is completed successfully. I would also convey my message that I did not appreciate a key resource being pulled mid way to work on another project to the senior management so that this situation can be avoided if possible in future. 2. What, if anything, could Palmer have done to avoid losing Olds? Palmer should have engaged in a conversation with the Project Sponsor to explain the importance of having Olds on the Johnsonville Project, which may have encouraged Crosby to look for another suitable employee. Considering the basic nature of the Johnsonville project and the high profile status of Crosby’s project, it makes more sense for Olds to move to Crosby’s project keeping the company’s goals in mind. In addition, Crosby seemed to be relationship oriented, indeed he gave his team some rewards such as lunch at a good restaurant, game of golf, tickets to the baseball games. In contrast, Palmer...
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...Assignment: Ethics, Responsibility & Governance – Prof. Swati Panda Case Study - Martha McCaskey 1. As Martha McCaskey, what is your plan of finishing the silicon 6 project? Please map out your detailed plan of action. The case in question requires Martha McCaskey to perform tasks in relevance to the Silicon 6 project that might hamper her integrity towards work. However, there is a major stake of her losing the promotion that she is expectant and has been promised. Furthermore, Mr. Phil Devon’s eagerness to help her in a sincere way is killing her more in the process of getting the information that she needs from him. Very primarily, our task, in imagining ourselves as Martha McCaskey lies in making sure to get the insider information from the target competitor of our company’s client. The insider information that we are now seeking is about the manufacturing of a chip for our client, so as to help our client. The constraints and challenges that lie before us in obtaining that information are as follows: 1. The potential information provider, Mr. Phil Devon is sincere in his attempt to share the information, provided that we come forth with specific information, provided by our clients. 2. Our integrity in asking for insider information, the consequence of which might invoke bad temper in Mr. Phil Devon and which might also lead Mr. Devon complaining to the concerned authorities about the whole set-up. 3. The prime challenge ahead is to get the information...
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...Rubric for 5S Project | | |NEEDS FURTHER |INCORPORATES | | |LACKS ESSENTIAL |DEVELOPMENT |BEST POL PRACTICES | | |FEATURES OF EFFECTIVE POL | | | | | |50% |100% | | |0% | | | | | |The project has essential POL features but has some of the |The project has the following strengths: | | |The project has one or more of |following weaknesses: |...
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...Once upon a time, I was sitting in my room on a dark and stormy night watching T.V. Then all of a sudden my power went out, so I went to look for a flash light, but I started hearing noises from the garage, so I went out there to see what it was. When I went out there, and my garage was open and no one was there. Then, I panicked because I didn’t know what to do. The garage was closed when I got home, so I freaked-out and I closed it then went into the house. That’s when I started hearing those noises. I was scared, so I went to find my dad so I could tell him what was going on because I had know idea about what happened. Then, we went to the garage to see what was going on, and when we went back to the garage we found out that some one was breaking into it. We called the cops but, by the time they got there, the guy was gone. I had this weird feeling that someone was watching me, so I told my dad. He said that he had the same feeling as well, so we went all around the house to find out where that feeling could be coming from. Well we went outside to find out what it could be, and when we got out there, someone was watching us from our neighbor’s house. We went back into the house to fix the power, then we started hearing noises again, so we went to go find out what it was. We found the noise. It was under the house, but we didn’t want to go under there. We called my uncle. He went under there he found it, and when he found it he came back and told us that he couldn’t see...
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...A funny new twist on a classic love story, WARM BODIES is a poignant tale about the power of human connection. After a zombie epidemic, R (a highly unusual zombie) encounters Julie (a human survivor), and rescues her from a zombie attack. Julie sees that R is different from the other zombies, and as the two form a special relationship in their struggle for survival, R becomes increasingly more human - setting off an exciting, romantic, and often comical chain of events that begins to transform the other zombies and maybe even the whole lifeless world As much as I enjoy "The Walking Dead" on AMC and movies such as "28 Days Later," one of my ongoing complaints about the explosion of the zombie genre is the general mopery and overall predictability of those ever-staggering creatures. They lurch. They snarl. They sniff the air for the scent of human flesh. They pounce and gnaw. They pound windows and doors, and express frustration when confronted with 10-foot-high cyclone fences. And then they get shot in the head and die. That's pretty much it. We almost never get inside the rotted mind of the zombie or see things from the zombie point of view. They're forever penned in as the Big Metaphor. One of the many exhilarating pleasures of "Warm Bodies" is the flipping of that script. This is a bloody fresh twist on the most popular horror genre of this century, with none-too-subtle echoes of a certain star-crossed romance that harks back to a certain bard who placed a certain...
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...Ten Reasons to Hope for the Zombie Apocalypse 1. You’ll never have to deal with your evil boss again. Unless, of course, she/he’s a zombie, in which case, you’ll get to bash her brains in (double win!). 2. When your kids ask you, “What’s for dinner?” you can sweetly reply, “go kill it yourself!” 3. You’ll finally get to test out your Tommy Knocker on some zombies, made by the one and only Zombie Fighter Jango! 4. All that knowledge you acquired from reading countless zombie book and weatching all the classic zombie movies will be put to good use (it’s not just entertainment!). 5. Your neighbors will finally stop complaining about your scraggly garden (I think a talent for killing plants is a sign that you’ll be able to kill zombies just as easily – it makes sense). 6. If the government shuts down, there will finally be a legitimate reason for it. 7. Maybe, just maybe, Daryl Dixon will come along, and you can impress him with your crossbow skills (amongst other things, *wink, wink, nudge, nudge*). 8. Twerking will be a thing of the past (one would hope). 9. Stupid diets like Atkins, South Beach, and juice cleanses will immediately go out of style. Twigs for everyone! 10. There will be a shortage of fossil fuels, and we won’t be polluting the environment at such a rapid rate (you’re welcome, Al Gore!). I hope I was able to brighten your day, now that you can add these to your list of reasons to anxiously await the zombie apocalypse. It’s all about silver...
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...There I was, sitting in the same old claustrophobic room hastily trying to get through a test section-the SAT training room.Thoughts about how significant this exam really was to my future were racing through my head ,when I suddenly started to move.Initially thinking it was a sign from the universe indicating the validity of my pondering ,I slowly realized that there was a strong rumble shaking the entire room apart.As I bolted out of the room,I was informed that the test was temporarily suspended; I frantically reached out to my family to make sure they were fine and found my way home. Watching the news and realizing that the rumble, which displaced me from my position, had killed over eight thousand people in Nepal truly hit me hard. The entire magnitude of the quake took a toll on my mind and made me think about my insignificance in this world; however it brought a series of questions to my head that eventually helped me transform my life: Can I, as an ordinary school student help solve a natural catastrophe? Can I possibly provide something besides my ¿hopes and prayers¿? Given my current situation, can I create an impact big enough? The gravity of the situation had just enough force to push me out of my laid back lifestyle and motivate me to try and make an actual impact. For once I was ready to change for the better and be proactive;I wanted to mindfully create an actual influence over this situation; I originally approached my goal by starting an awareness campaign...
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...Shaun Tan is an author/illustrator from the suburbs of west Australia. Tan Embraced suburban life and finding your place in the world with his graphic novels The arrival, The lost thing and Tales from outer suburbia. In Tan’s text The Arrival he depicted a man trying to find his way in a new country. It is a world less novel about a man that leaves his old life in the old country behind. He goes to this new country and strangers help him adapt to the new country.’The old country’, this is a drawing from The Arrival. Tan’s image looks like the main character’s home country. He makes it look like a bad place to live which is why the main character chose to migrate.The book was drawn to give perspective on what it was like to...
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...In Shaun Tan’s, The Arrival, he takes us through the journey that most immigrants take to becoming accepted in their new country. Everyone wants to be accepted, no one wants to be an outcast. Throughout the novel it showed us that everyone has had different reasons to migrate to a new place, or run away, but after there is another big task ahead, and that’s being accepted in the new culture and trying to adapt to it. In part 2 when he is trying very hard to understand the questions being asked, you can tell that all he really wants is to be accepted into the new country, and the frustration of maybe not being accepted or probably not being allowed in builds on his face. Everyone goes through the pre-acceptance turmoil. The part of being...
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...the remaining 30%, the most common causes are head trauma, brain tumor, lead poisoning, infection of brain tissue or heredity. (Epilepsy & Seizure 101 by Epilepsy Foundation) Dae Shaun is one of these cases and the cause for his epilepsy is head trauma. It is one of kinds of brain injury caused by trauma. Dae Shaun got a hit very hard on the metal in bed when he was asleep at 2 years old. Mom heard gasping sound at middle of the night. The paramedic was called and he was sent into the hospital by a helicopter immediately since he got hit so hard and lost his breath at that moment. He was in the hospital for a month. At first, the doctor thought it...
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...Define the work of Shaun Tan Shaun Tan is an Australian visual storyteller. He writes and illustrates children’s picture books, such as The Lost Thing, and The Rabbits. These books, however, are not just your simple picture book. They cover social issues in our world today, including conformity, alienation, loneliness and loss. These books are based either directly or indirectly upon Tan’s observations of life. (59) How does he use the work of other artists? Shaun Tan uses appropriation in his illustrations, using works from artists such as Edward Hopper, John Brack, Jeffery Smart and Hieronymus Bosch. These artworks set the scene for his work and help correlate apathy. Tan changes objects within the artist’s illustration to make it his, such as buildings and statues (Jeffrey Smart). (52) Provide affirmation (pluses) and dissent (minuses) of his use of other artists’....
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...Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings. Greetings...
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...“We are lost souls, which is a dangerous place to be because Satan’s job is to kill us before we repent. That way he can take us away from God forever. He knows the Lord loves us very much, and he deceives us to believe that God is not real, so we don’t ever know the truth.” Spellbinding and captivating as Shauna Jackson’s story unfolds, making one ask is this really fiction because it’s so amazing it just has to be someone’s story. Shauna is a powerfully strong, independent soldier, but more than that she is a Christian woman who hears from God. Despite that she is someone who needs the companionship of a man but with a heart for God keeps her in constant battle with the sins of the body and the desire to give God her all. However, that...
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