...Business Law Assignment Introduction to Business Law Sachini Tharaka Talpe Liyanage Student number: 18532068 La Trobe university (Dandenong) Question 1 I. In this scenario, the issue is whether the advertisement on the notice board constitutes an offer or only an invitation to treat. An advertisement can either be an offer or an invitation to treat and it is based on intention of the parties. Vladimir’s shopping complex Managing Agent was just inviting people with the notice on his behalf. He only lease limited number of shops, as in the notice says “Shop available for sale” and he could not reasonably intend to be bound to lease to all those who might accept it. Therefore no promise existed and it is considered an invitation to treat as in the case Partridge v Crittenden [1968]¹. Although the wording in Vladimir’s advertisement is different to the Partridge’s case, it is suggest that the result is same in the both cases. In saying that “Shop available for sale”, Vladimir did not show a will or intention to be bound in a contract. An offer is made when one party makes it clear by verbally, written or by actions and it is quite different to the invitation to treat, though it is not easy to distinguish between two. This is as in the case of Carlill v Carbolic Smoke Ball Company [1892]², the court of appeal argued that the advertisement in this case is not an invitation to treat but an offer. Another case that is related with invitation to treat is the Pharmaceutical...
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...Essay The novel The Things They Carried works as a vessel, a mask that can fit on the face of any man left scarred by war. O'Brien paints war in a heighten and pellucid manner, stripping a soldier down to a basic primitive concept: the preservation of the body and the mind. Without the essenial exertion of the mind, we cannot lead our bodies. O'Brien illustrates how a common soldier struggles with moral duty, passion and discipline in the time of war. A moral duty is the desire to conduct a task in an attempt to obey a higher authority; or by following what one believes is right (morally or legally) without self interest or desire involved. Its a background force that leads man into action, the conviction that is instilled within every soldier...
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...about its form of government. Snow was falling eminently that day as the group of farmers and ex-revolutionary soldiers marched through it. All the ammunition and gunpowder the rebels needed to go to Boston and over throw the government was inside that federal arsenal. They had just one thing standing in there way, nine hundred militia troops. In this essay, we’re going to take a look at all the factors that led to Shays Rebellion, go in deep depth of how it all went down and show why this incident is one of the most important events of the United States. America after the Revolutionary War was in shambles. Americans had paid a very heavy toll for this independence. Thousands of men had died, homes and farms had been destroyed, and the nation was governed by a Congress which was governed by the Articles of Confederation; which was a really weak system of central government. Daniel Shays was born into poverty in Western Massachusetts and worked as a farm laborer most of his life. Shays goes into the Revolutionary War as a Private, spends five years fighting and leaves the war as a Captain. Marquis de Lafayette honored him with a sword because he thought Shays did a superior job under him. Soldiers were paid for the war they entered, but were paid in currency that depreciated very quickly, which was British Pounds. When they returned that the currency was worth only about ten percent of what it was originally. Despite his financial situation, Shays quickly emerged as a leader in his...
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...advancement of contemporary military technologies. Moreover, recent technological advances raise the prospect of upheavals in practice so fundamental that they challenge assumptions underlying long-established international laws of war.3 This is because advances in technology have dramatically affected the weapons and tactics of future armed conflict, the “places” where conflicts are fought, the “actors” by whom they are fought, and the “means and methods” by which they are fought.4 These changes stress the fundamental principles of the LOAC, thus undermining its ability to regulate the conduct of hostilities; namely, by posing challenges to the principles of distinction, proportionality, military necessity and unnecessary suffering. This essay aims to assess the impact technology has had upon the LOACs ability to regulate the 1 Dr. Jakob Kellenberger, 'International Humanitarian Law and New Weapon...
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...BUSINESS LAW BLO1105 2014 Prepared by Darren Parker BLO1105 – Business Law ------------------------------------------------- Business Law Students’ Manual ------------------------------------------------- 2014 Edition This Manual contains materials essential for all students undertaking Business Law, including: * ------------------------------------------------- Course Guide for Business Law; * ------------------------------------------------- Unit of Study Syllabus for Business Law: * ------------------------------------------------- Lecture Program for the Unit of Study; * ------------------------------------------------- Tutorial Programs and Questions; * ------------------------------------------------- Past Examination Papers; and * ------------------------------------------------- Other essential data regarding the Unit of Study. Manual and Tutorial Program compiled by Darren Parker (College of Law and Justice) VICTORIA LAW SCHOOL College of Law and Justice Unit Coordinator – Robert Alvarez Robert.Alvarez@vu.edu.au TABLE OF CONTENTS ------------------------------------------------- ITEM DESCRIPTION PAGE/S NUMBER 1. Table of Contents 2 2. Introduction 3 3. Assessment 4 4. Assignment instructions 4 -17 5. Assignment Topics for 2014 18-21 6. Tutorial...
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...The Boxer Uprising (1898-1901), also known as ‘Yi Ho Tuan’ Movement, was a major peasant uprising marked by anti-Manchu and anti-foreign sentiments. In the period after the Opium Wars, the nature of Sino-Western relations had changed, leading to a scramble for concessions. This had exposed the inefficacy of the Manchus. Simultaneously, it had intensified the socio-economic crisis already prevalent in the 19th century. This essay attempts to analyze the causes, nature and impact of the Boxer Movement. Causes 1. A study of the traditional Chinese society and economy is imperative to trace the origins of the Uprising. The Chinese society was strictly compartmentalized by the principles of Confucianism. The society was highly stratified and had a rigid and inflexible hierarchical structure. A unique combination of power, wealth and knowledge defined the gentry or the elite class. The peasantry was the ‘exploited’ class, the taxpayers, who despite the theoretical emphasis on ‘career open to merit’ could rarely attain gentry status. The growing tax burden and exploitation caused discontent among them and though they remained placid, the simmering of discontent was always there. However, peasant uprisings, though a frequent occurrence, were spontaneous and scattered and so easy to suppress. The growing unrest culminated into agitation, and found expression in the Boxer Movement. 2. A series of natural calamities in the late 19th century intensified the discontent...
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...Enotes… Arms and the Man | Introduction Shaw was already a celebrity arts critic and socialist lecturer when he wrote Arms and the Man in 1894. One of Shaw’s earliest attempts at writing for the theatre, it was also his first commercial success as a playwright. Although it played for only one season at an avant-garde theatre, thanks to the financial backing of a friend, it was later produced in America in 1895. Accustomed to the melodramas of the age, however, even sophisticated audiences often did not discern the serious purpose of Shaw’s play. Thus, Shaw considered it a failure. True success did not come until 1898, when Arms and the Man was published as one of the “pleasant” plays in Shaw’s collection called Plays: Pleasant and Unpleasant, and it subsequently gained popularity as a written work. Included in this collection of plays are lengthy explanatory prefaces, which note significant issues in the plays and which have been invaluable to critics. In place of brief stage directions, Shaw’s plays also included lengthy instructions and descriptions. Another unique aspect of Arms and the Man was its use of a woman as the central character. Set during the four-month-long Serbo-Bulgarian War that occurred between November 1885 and March 1886, this play is a satire on the foolishness of glorifying something so terrible as war, as well as a satire on the foolishness of basing your affections on idealistic notions of love. These themes brought reality and a timeless lesson...
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...Women in our country have been second class citizens since our countries inception and still struggle today with maintaining equal rights. Women in the United States have faced a long and arduous road towards acquiring equal rights in the eyes of the government and still fight today to be seen as equals in all that they do. From the time before the Civil War until present day the issue of equal rights for women has been fought for by many activists. Women have struggled with issues such as the right to vote in elections and receive equal pay for equal work in the workplace. There have been many victories in the battle to become equal citizens by women, but there have also been many setbacks throughout the history of our country. In 1868 one of the pioneers of the women’s movement Elizabeth Stanton gave a speech to the Women’s Suffrage Convention entitled the Destructive Male. “Twenty years earlier, at Seneca Falls, New York, she had helped to launch the women’s right movement in America.”(History, Art & Archives 2013) In her speech she outlined how masculinity offered elements of negativity to the world and that a woman’s touch would be needed to help counter balance this fact. “The male element is a destructive force, stern, selfish, aggrandizing, loving war, violence, conquest, acquisition, breeding in the material and moral world alike discord, disorder, disease, and death.” (Stanton, Elizabeth, 1868) Her speech at the convention is important because it outlined how women...
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...History, as we currently "know" it, is a revised edition, revisionist reconfiguring of linear events to a pre-determined destination and thus is a pre-determined mind set for the largely unthinking mass consciousness as we observe it today. Upon closer scrutiny, when real thinking and inquiry is applied to this revisionist text, we must first discard all the usual signposts that we have been "taught" to view history through and within. One of these signposts that we take as "normal," but is really just another revisionist trick of the magicians and spin-doctors, is the linear nature of history and of time itself. Time is not linear, it is spherical and holographic. History, therefore, is not linear, and the revised editions are not only written forward towards a pre-determined destination, it is also written backwards, revised from the back end, starting from the pre-determined conclusion and being filled in accordingly all the way to the beginning. The real question we must then ask is why and how did the spin-doctors know the destination in the first place from which to spin their tale both forwards and backwards? The answer is quite simple, and when considered objectively and without the mind-set of the spin, is painfully obvious. The answer is simply that the destination was inherent in the inception. There was a known and specified constant that guided the so-called "great work of the ages" towards its goal from the beginning. The question then to be asked is what...
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...7/20/2010 Copenhagen's Inconvenient Truth September/October 2009 ESSAY Copenhagen's Inconvenient Truth How to Salvage the Climate Conference Michael Levi MICHAEL A. LEVI is David M. Rubenstein Senior Fellow for Energy and the Environment at the Council on Foreign Relations. This December, diplomats from nearly 200 countries will gather in Copenhagen to negotiate a successor to the 1997 Kyoto Protocol, which for the first time bound wealthy countries to specific cuts in greenhouse gas emissions. Most of these emissions come from burning fossil fuels -- coal, oil, and natural gas -- for energy, from deforestation, and from the agricultural sector. They must be cut deeply in the coming decades if the world is to control the risks of dangerous climate change. Most of those devoted to slashing the world's greenhouse gas emissions have placed enormous weight on the Copenhagen conference. Speaking earlier this year about the conference, UN Secretary-General Ban Ki-moon was emphatic: "We must harness the necessary political will to seal the deal on an ambitious new climate agreement in December here in Copenhagen. . . . If we get it wrong we face catastrophic damage to people, to the planet." Hopes are higher than ever for a breakthrough climate deal. For the past eight years, many argued that developing nations reluctant to commit to a new global climate-change deal -- particularly China and India -- were simply hiding behind the United States, whose enthusiastic engagement...
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...INTRODUCTION 1- Observation and evaluation of organisational behaviour a) Stakeholder’s change b) Managerial and leadership change c) Changing models of organizational behaviour -Various degrees of collegiality -Other models: political and ambiguity d) How do we successfully move forward? 2- Managing change and conflicts / resistance a) Organisation change management b) Resistance to change -Why does resistance occur? -Positive effects of resistance / Using resistance to generate successful changes CONCLUSION Aurélie’s dissertation Intro As my desire to grow as an educational leader continues to expand over time, I have also become more and more interested in the challenge for International education organisations to adapt to the pressure and new demands of our rapidly changing and globalized world. “Contemporary organizations are immersed in a virtual cyclone of change as they strive to adapt to the ever increasing demands of their domestic and global markets” (Chandler, 1994; Morrison, 1981). In International schools, this has naturally generated changing contexts of education. Organizational change is becoming an increasing priority and is quite clearly at the forefront of management concerns. I would like to use this assignment to broaden my understanding of the workings of educational structures in the context of international teaching. I will first attempt to analyze the theory of educational...
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...Consideration and Promissory Estoppel The Formation of a Contract 3 Consideration and Promissory Estoppel 1. CONSIDERATION In general, agreements or promises are contractually binding in English law only if supported by consideration. The requirement of consideration means that each party must receive or be promised something in return for giving or promising something. Consideration is, therefore, the legal description of the element of exchange and its practical effect is to ensure that gratuitous promises are not binding whereas bargains are. So if A promises B £1000, B cannot enforce that promise because B has provided no consideration (nothing in exchange) for it. It is traditional to define consideration as a benefit to the promisor or a detriment to the promisee. So in Currie v Misa (1875) LR 10 Ex 153, 162 Lush J stated, ‘A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility, given, suffered, or undertaken by the other.’ This definition can be misleading unless one emphasises, in line with the need for an exchange, that the detriment to the promisee must be requested by the promisor. So if A promises B £1000 and B, in reliance on receiving that money, buys a car, that may constitute detrimental reliance by B but B has not thereby provided any consideration for A’s promise. In contrast, if A promises B £1000 in return for B’s car (ie...
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...Elements of the law of contract Catharine MacMillan Richard Stone 2009 LLB 2650040 Diploma in Law 2690040 page 2 University of London External System This subject guide was prepared for the University of London External System by: u Catharine MacMillan BA (Victoria) , LLB (Queen’s, Canada), LLM (Cantab), Lecturer in Law, School of Law, Queen Mary, University of London and u Richard Stone LLB (Soton), LLM (Hull), Barrister, Professor and Head of Law, Lincoln Law School, University of Lincoln. In the 2004 edition of this guide Catharine MacMillan was primarily responsible for Chapters 1–2, 4–5, 7–8, 10–14 and 16–17. Richard Stone was primarily responsible for Chapters 3, 6, 9 and 15. Catharine MacMillan was responsible for the 2009 revision. This is one of a series of subject guides published by the University. We regret that owing to pressure of work the authors are unable to enter into any correspondence relating to, or arising from, the guide. If you have any comments on this subject guide, favourable or unfavourable, please use the form at the back of this guide. Acknowledgements Figure 15.1 has been reproduced by kind permission of: u Figure 15.1: © Illustrated London News Picture Library. Photographs © C. MacMillan, 2003 Publications Office The External System University of London Stewart House 32 Russell Square London WC1B 5DN United Kingdom www.londonexternal.ac.uk Published by the University of London Press ©...
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...Essays Essays Part II. 2, 2.] Part II. 2, 2.] Essays The Project Gutenberg EBook of Essays, by Ralph Waldo Emerson This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.net Title: Essays Author: Ralph Waldo Emerson Editor: Edna H. L. Turpin Release Date: September 4, 2005 [EBook #16643] Language: English Character set encoding: ISO-8859-1 *** START OF THIS PROJECT GUTENBERG EBOOK ESSAYS *** 1 Essays Produced by Curtis A. Weyant , Sankar Viswanathan and the Online Distributed Proofreading Team at http://www.pgdp.net ESSAYS BY RALPH WALDO EMERSON Merrill's English Texts SELECTED AND EDITED, WITH INTRODUCTION AND NOTES, BY EDNA H.L. TURPIN, AUTHOR OF "STORIES FROM AMERICAN HISTORY," "CLASSIC FABLES," "FAMOUS PAINTERS," ETC. NEW YORK CHARLES E. MERRILL CO. 1907 CONTENTS INTRODUCTION LIFE OF EMERSON CRITICAL OPINIONS CHRONOLOGICAL LIST OF PRINCIPAL WORKS THE AMERICAN SCHOLAR COMPENSATION SELF RELIANCE FRIENDSHIP HEROISM MANNERS GIFTS NATURE SHAKESPEARE; OR, THE POET PRUDENCE CIRCLES NOTES PUBLISHERS' NOTE Merrill's English Texts 2 Essays 3 This series of books will include in complete editions those masterpieces of English Literature that are best adapted for the use of schools and colleges. The editors of the several volumes will...
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...Assessment & Evaluation in Higher Education, Vol. 28, No. 5, October 2003 In Other (People’s) Words: plagiarism by university students—literature and lessons CHRIS PARK, The Graduate School, Lancaster University, Lancaster, UK ABSTRACT This paper reviews the literature on plagiarism by students, much of it based on North American experience, to discover what lessons it holds for institutional policy and practice within institutions of higher education in the UK. It explores seven themes: the meaning and context of plagiarism, the nature of plagiarism by students, how do students perceive plagiarism, how big a problem is student plagiarism, why do students cheat, what challenges are posed by digital plagiarism and is there a need to promote academic integrity? It is concluded that plagiarism is doubtless common and getting more so (particularly with increased access to digital sources, including the Internet), that there are multiple reasons why students plagiarise and that students often rationalise their cheating behaviour and downplay the importance of plagiarism by themselves and their peers. It is also concluded that there is a growing need for UK institutions to develop cohesive frameworks for dealing with student plagiarism that are based on prevention supported by robust detection and penalty systems that are transparent and applied consistently. Introduction Much has been written on the theme of plagiarism by students, particularly in the context of North...
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