How to write a criticism paper
Research Essay Topics Relating To The Internet
Thursday, August 27, 2020
Workforce Effectiveness Essay Example | Topics and Well Written Essays - 1250 words
Workforce Effectiveness - Essay Example In this way in carrying out his responsibility, the HR chief should know about why and how he/she should complete his obligations. So as to be viable the supervisor should be exceptionally energetic, reasonable and visionary among numerous different attributes. In building up a security strategy association savvy the HR chief should address the issue of requirements on the conduct of laborers just as the limitations forced on the enemies by components, for example, locks, dividers, entryways, keys and so forth. As far as frameworks, the security strategy should deliver imperatives identified with capacities and stream among them. Subsequently, imperatives on access by foes and outer frameworks including access to information and projects by un-approved people should be tended to. The correspondence framework ought to be profoundly cutting-edge to forestall unlawful recordings on the associations representatives. This is ensure the associations workers as well as the associations data. This is on the grounds that this being a call-focus business the degree of outside correspondence will must be higher when contrasted with ordinary organizations. To defend the premises just as the worker's physical wellbeing, the HR administrator should arrangement an examining procedure for all individual... In doing this there will be a requirement for all guests to unequivocally, distinguish themselves. What's more, the guests should be given guests passes that can just open entryways in the particular floor they are going. What's more, workers should be given with door passes that plainly distinguish who went where and how. To forestall programming, data, or information robbery all PCs would need to be fitted with biometric mousse. This will constrain the quantity of individuals who can utilize certain workstations. To top this up all representatives ought to be checked for the baggage's they get and out to forestall robbery of office and authoritative apparatuses and data. 3) Parking wellbeing: The stopping framework ought to be with the end goal that it is unmistakably noticeable from the checking focus. Furthermore all vehicles entering the workers leaving ought to be formally enlisted with the security group and what's more all vehicles left either at the representatives leaving or the guests leaving ought to consistently be checked to ensure no undesirable materials are pirated inside the premises. 4) The focal locking framework: The focal locking framework ought to be very much customized to ensure that it gives subtleties of all people still not logged out from their workstations and floors at their alleged time of business conclusion. This will go far in forestalling the activities of specific representatives or guests staying in the workplaces now and again when they shouldn't be there. 5) Localized computerized observing: To guarantee greatest inward and outer observation of the work place, there is have to set up a computerized arrangement of video reconnaissance. This framework should be operational on a
Saturday, August 22, 2020
Viral Marketing free essay sample
The formation of advances, for example, PVRs, satellite radio and Internet advertisement blocking programming are driving a crucial move in the manner the general population devours media and the publicizing frequently attached to it. TV promotions, radio spots, online advertisements and even messages are confronting expanding rivalry for adequately catching the viewerââ¬â¢s consideration and give positive ROI to the advertiser. This opposition, combined with the increasing expense of media purchases, has made advertisers scan for an elective way to arrive at the client. Viral showcasing is an alluring arrangement since it uses the free support of the individual instead of acquisition of broad communications to get the message out. Since the conveyance model is free, popular can possibly be lower cost and more successful than customary media. the viral impact More than 90% of customers said they informed at any rate one other individual regarding a Web webpage when the first suggestion originated from a companion, as per Jupiter Research. We will compose a custom exposition test on Viral Marketing or then again any comparative theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page viral promoting favorable circumstances 1. Slices through the messiness of customary publicizing, permitting advertisers to adequately contact the crowd. 2. Doesnââ¬â¢t require an item with a wow factor so as to bring issues to light, produce buzz, and launch shared spread. Rather, the viral campaignââ¬â¢s correspondence specialist is the component that needs a wow factor or component of intrigue. 2. Dissimilar to customary publicizing viral isn't an interruptive method. Rather, popular battles work the Internet to convey presentation by means of distributed underwriting. Viral crusades, regardless of whether eventually preferred or disdained, are frequently invited by the collector. The attention is on battles with material that customers need to invest energy interfacing with and spreading proactively. iral advertising impediments Viral promoting, similar to all showcasing is all in or all out. Be that as it may, viral promoting naturally is frequently more unsafe or disputable than conventional showcasing. Whenever done inappropriately popular promoting can reverse discharge and make negative buzz. à ©2008 MindComet Corporation
Friday, August 21, 2020
Topics For Essay Writing Competition
Topics For Essay Writing CompetitionThere are several topics for essay writing competition that you should be considering. As you can imagine, these can be a very serious affair and may have consequences for your grade and participation at the end of the competition. As with any course that you take, these topics are very important and you must choose the best ones that will give you the best grade.If you think about it, the easiest way to go about choosing topics for essay writing competition is to follow what your peers are doing. See how they do it, and see if you can write a topic that will help them improve their grades. You can also see how they are finishing the assignment and how you can proceed. You can also ask them to critique your topic. The most important thing that you need to remember is that the best topic for essay writing competition is not always the one that is the easiest to get.I know that it seems that the easiest subjects are often the most difficult to get bu t if you go about it correctly, you can write the topics that are easy to write, easy to read, and that is also good to get an A in the class. When it comes to essay writing, the best subject is always the one that has the most to say about it. That means that if you think that the topic of your paper is very important to your grade, you need to figure out a way to make it the best one you can. Of course, this will require you to be organized and to keep track of all of the information that you want to include in your paper.The first thing that you should do is to contact your local college or university. Many of them will have large seminars where you can express your ideas and have some of the best speakers in the country come to speak to the students on your topic. These seminars will be held in various locations and you will have the chance to talk to some of the top students in the country and get some of the best feedback you can get.Another big part of your homework is going to be writing the essay or research paper. Again, as long as you are organized and have everything that you need, you should be able to finish your essay very quickly. Of course, you need to be able to relate your topic to the class material and the concept that you want to explore is important to any essay that you are taking.As soon as you have completed your paper, you will need to distribute it to others. This can be done as early as the day before you are required to submit your paper. You can simply go over your paper with a friend or two and they can give it to the person who will be judging your paper. The most important thing is that the paper is your best work.After you get all of your feedback, you will need to revise the paper so that it is as close to perfect as possible. That is when you will need to get your assignment graded by the judges. You should submit your essay in the final week of the semester.Remember that what seems easy to you may not be easy to others. So it is important that you consider all of the topics for essay writing competition that you can think of and make sure that you give your best effort. If you get all of your ideas right, you can easily take home a trophy for the best essay of the semester.
Monday, May 25, 2020
Philosophy of Education Essays - 1874 Words
My beliefs and values about early childhood education is based upon understanding that all children are unique individuals who need a caring, nurturing, and secure environment in which to grow and develop socially, emotionally, cognitively, and physically. Children under the age of three are in critical stages of development, it is my belief that a quality child care environment will have a positive impact on a childââ¬â¢s development and make a significant difference in the life of a child and his or her family. My philosophy of early childhood education and the elements I believe are necessary in developing a developmentally appropriate child care environment is rooted in my views and beliefs about experimentalism, progressivism,â⬠¦show more contentâ⬠¦Progressivism was part of a social and political movement in the United States between 1880 and 1920 (Gutek, 2009). Progressive education coincides with my belief that young children need to interact with their environment to nurture their natural curiosity and creativity. Progressive education allows the teacher to focus on the development of the whole child, which is critical since all developmental domains are interrelated. Children do not learn nor do they develop in isolation; therefore, the learning environment should support learning across all domains. For instance, when a child moves from crawling to walking new experiences open up for the child, their physical ability affects their cognitive ability as they venture out to explore areas of their environment that were limited to crawling. Both experimentalism and progressivism coincide with my belief that young children are active learners. These philosophies support my belief that children are critical thinkers and problem solvers as they actively attempt to make sense of the world through exploration. Furthermore, these types of ideolo gies correspond to my belief that the social and cultural context is relevant to learning. As children attempt to make sense of their world through their individual experience, they begin to notice how aspects of their world are similar as well as different. We live in a very diverse country that continues to grow in diversity every year;Show MoreRelatedMy Teaching Philosophy Of Education880 Words à |à 4 PagesAccording to the Education Philosophy test that we took in class, my education philosophy matched with social reconstruction. Social Reconstructionist believes that systems must keep changing to improve human conditions. Also, emphasizes social questions and to create a better society. Social reconstructionist believe that you have to start over to make things better. While going through the PowerPoint that explained what social reconstitution is, in a deeper way, I came to the conclusion that socialRead MorePhilosophy : Philosophy Of Education1328 Words à |à 6 Pages Philosophy of Education Jihyae Choe Liberty University TESL 419 ââ¬Æ' Philosophy of Education A good educator decides the direction of teaching based on a resolute educational philosophy. A firm and resolute philosophy does not equate with a fixed perspective, instead it is a strong foundation that can stabilize the life long educational career. In order to establish a firm philosophical basis, passion toward education should accompany proper understanding. Successful educators who establishedRead MorePhilosophy And Philosophy Of Education828 Words à |à 4 PagesPhilosophy of Education Teachers, especially those in the early years of school, have the extraordinary task of instilling a life-long love of learning in their students. We are there to cultivate their young minds in an arena where children feel safe and secure while expanding and exploring their knowledge of the world around them. We are to create responsible, productive and model citizens of the world. We are given an incredible task to carry out! With that in mind, however education needsRead MorePhilosophy And Philosophy Of Education1866 Words à |à 8 PagesPhilosophy of Education An educational philosophy gives teachers and all educatorsââ¬â¢ ways to use problem solving in schools. For a lot of practitioners, actual teaching has been reduced to action lacking of a rationale or justification. According to Alan Sadovick, the author of our textbook, a philosophy of education is ââ¬Å"firmly rooted in practice, whereas philosophy, as a discipline, stands on its own with no specific end in mindâ⬠(Sadovnik, 2013, pg. 179). All teachers and prospective teachers haveRead MoreThe Philosophy Of Education And Education1175 Words à |à 5 Pagesbeliefs is called a philosophy of education. ââ¬Å"A philosophy of education represents answers to questions about the purpose of schooling, a teacher s role, and what should be taught and by what methodsâ⬠(Philosophy of Education). Educational philosophies differ among all individuals in education. With individual educators, some choose a teacher-centered philosophy and others choose a student-centered philosop hy. It appears that both realms of philosophy play an important role in education inside the typicalRead MoreThe Philosophy Of Education And Education Essay1545 Words à |à 7 PagesThe philosophy of education is not a topic that can be fully taught and understood by reading and studying a textbook, or a few textbooks for that matter. I believe that the philosophy of education is somewhat subjective, rather than objective, and that there exists numerous answers to what is the ââ¬Å"philosophy of educationâ⬠. I feel that oneââ¬â¢s answers can not be expressed with a single word nor a sentence; and that one has to ââ¬Å"experienceâ⬠rather than just read to find the answer. Yes, a huge part ofRead MoreThe Philosophy Of Education And Education1201 Words à |à 5 PagesThe philosophy of education seeks to study the process and discipline of education in order to understand how it works, improve its methods and perfect its purposes in todayââ¬â¢s society. How this is done is determined by how well the learner internalizes the concepts of the discipline taught by the educator. Educators have a tremendous responsibility not only to prepare students for their lives ahead, but also to contribute to the evolution of knowledge for future generations. Each generation notRead MorePhilosophy Of Education And Education928 Words à |à 4 PagesPhilosophy of Education I believe philosophy of education is defined with learning in many ways. In order to reach a certain level of learning thereââ¬â¢s recourse along the way that defines the person and goal. John Dewey said ââ¬Å"educational philosophy centers pragmatism and the method of learning by doing.â⬠Purpose of Schooling A hundred years ago the definition and purpose of schooling changed tremendously. There was a point in time where education was very mediocre and a diploma was not requiredRead MorePhilosophy of Education985 Words à |à 4 PagesMy Personal Philosophy of Special Education Christina L. Richardson Grand Canyon University: SPE-529N November 18, 2012 My Personal Philosophy of Special Education As educators, we need a foundation for why we want to teach, where students with different disabilities fit in that foundation, a rationale for how we teach, and a principle that keeps us striving to be the best educators we can be. The purpose of this essay is to point out what I believe the foundation, student location, rationaleRead MoreMy Philosophy On The Philosophy Of Education844 Words à |à 4 PagesIn mathematics, as in life, everything must be brought to the simplest of terms. I base my teaching philosophy on the foundation that every student is capable of learning mathematics. I will strive, as a teacher, to ensure that my students are able to have a strong foundation of mathematical skills when they leave my classroom. Some students believe that they are not mathematically gifted; therefore, incapable of learning mathematics. I believe to the contrary, all students with motivation, sustained
Friday, May 15, 2020
Effective Parenting For Effective Control Of Juvenile...
EFFECTIVE PARENTING FOR EFFECTIVE CONTROL OF JUVENILE DELINQUENCY *Xavier.M**Dr.R.Arjunan Abstract Juvenile delinquency is one of the burning issues all over the world and reform initiatives are going on in many countries. In this study the four parenting styles namely Authoritarian, Authoritative, Neglecting and Permissive parenting styles of the paternal and maternal care-takers of the juvenile delinquents were analysed to find its relation with the self control of the juvenile delinquents. Census method was used in this study as the data had been collected from all the inmates of the eight observation homes of Tamilnadu, India. The binary logistic regression revealed that paternal parenting style predicted the prevalence of Fraud (property offences). On the other hand maternal parenting styles predicted the prevalence of Force (personal offences). All the four parenting styles of paternal and maternal care-takers have a strong relation with the self control of the juvenile delinquents which also indirectly predicts prevalence of the corresponding types of offence. Therefore appropriate parenting by both the care-takers is important to bring about control over juvenile delinquency. Key Words: Parenting styles, Self control and Juvenile delinquency. ------------------------------------------------------------------------------------------------------------ *Ph.D Research Scholar, Department of social work, Bharathiar University, Coimbatore, Tamilnadu. Email:Show MoreRelatedGender Roles : The Juvenile Justice System1244 Words à |à 5 PagesGender Roles in the Juvenile Justice System What role does gender play at the various stages of the juvenile justice system? Gender plays an enormous role in the juvenile justice system; both boys and girls have their fair share of run-ins with the Juvenile Justice System, but now more so than ever, females crime rates have increased. In some instances within the juvenile justice system, it may appear that boys and girls are comparable; however there are differences, even though they are subtle.Read MoreSocial And Social Learning Theory1553 Words à |à 7 Pageslearned through associations with others who commit crimes. Juveniles are very impressionable or gullible, wherein they want to be popular or part of the in-crowd or clique. In comparison to the 1970ââ¬â¢s versus today, juveniles are emulating criminals depicted on television not just through associations. Consider the current state of technology, specifically the internet and websites such as ââ¬Å"You Tube.â⬠With respect to crime and juvenile delinquents, Y ou Tube is and can be a negative influence. InRead MoreThe Effects Of Delinquency On Children s Life1657 Words à |à 7 Pagescommit more crimes than adults, and that if we can reduce the amount of delinquency that occurs in the United States, then we will also reduce the amount of crime. To understand how to prevent delinquency, we must first understand what causes it. Delinquency can be caused by a number of factors involving the child s family, socialization, economic background and drug use. Of course, the earliest contributor to delinquency in a child s life is the family. (1) Early family dysfunction can leadRead More Preventing Juvenile Delinquency Essay2173 Words à |à 9 PagesPreventing Juvenile Delinquency There is a saying that history often repeats itself. If this is a true saying, then society will have to deal with the complex issue of juveniles delinquents, who may eventually become adult criminals, as societies in time past dealt with the same conflict. Moreover, if this saying is true then the community in which juvenile delinquencies exist must have the tools necessary to divert the youth from crime. If one is to convert delinquent youthââ¬â¢s behavior, theyRead MoreAdolescence And Adulthood And The Factors That Promote Childhood Delinquency Essay1731 Words à |à 7 Pagesa correlate of delinquency is anything that shows itself to have a relationship to delinquencyâ⬠(Bates Swan, 2014). Our society has always put delinquency in the same category as school systems, but what is commonly overlooked are many other factors that go into the correlation between schools and delinquency. The label of delinquency in schools does not just get slapped on because the justice s ystem is looking for an excuse. There are many articles over adolescent delinquency and less researchRead More Juvenile Delinquency Essay1827 Words à |à 8 Pages Juvenile Delinquency There is no doubt that various experts can give us many theories as to the causes of juvenile delinquency, including ones economic background, substance abuse, delinquent peer groups, repeated exposure to violence, increased availability of firearms and media violence. However, I feel that the number one cause of juvenile delinquency is the breakdown of families, including lack of parental control over children. It is ironic in America, today, one must have a drivers licenseRead MoreThe Problem Of Juvenile Delinquency1792 Words à |à 8 PagesJUVENILE DELINQUENCY Various experts can give us many theories on the causes of juvenile delinquency, including one s economic background, substance abuse, delinquent peer groups, repeated exposure to violence, increased availability of firearms and media violence, however, I feel that the number one cause of juvenile delinquency is the breakdown of families, including lack of parental control over children. It is ironic in America, today, one must have a driver s license to operate a vehicleRead MoreJuvenile Delinquency Essay1884 Words à |à 8 PagesJuvenile Delinquency There is no doubt that various experts can give us many theories as to the causes of juvenile delinquency, including ones economic background, substance abuse, delinquent peer groups, repeated exposure to violence, increased availability of firearms and media violence, however, I feel that the number one cause of juvenile delinquency is the breakdown of families, including lack of parental control over children. It is ironic in America, today, one must have a drivers licenseRead MoreJuvenile Delinquency Essay2064 Words à |à 9 PagesJuvenile delinquents, or youth that have been convicted of a crime, seem to be the norm these days. Citizens, families, and poliy makers want new programs and policies within the juvenile justice system. Researchers have found that the family structure can be a precursor to delinquent behavior, and families do not have the control or blance that they once did. As such, mew measures need to be implemented to help these families in crisis. Rehabilitat ion of the family unit is the answer, say manyRead MoreProblem of Juvenile Delinquency1935 Words à |à 8 PagesUnit 2 Project Philippe Francois the problem of juvenile Delinquency This paper explains that juvenile delinquency, it will make the argument on how to reduce it and bring light to this problem which is fast becoming one of the largest problems facing urban America. It can lead to law-breaking juvenile, which often can lead to adult lives as career criminals. Over the years experts have given us many theories on the causes of juvenile delinquency, including ones economic background, parents
Wednesday, May 6, 2020
Philadelphia, the movie. Essay - 890 Words
This movie begins by depicting a bright articulate young lawyer named Andrew Beckett at work. Then the scene rapidly changes to Andrew at an AIDS clinic. You know at this point that Andrew Beckett has AIDS and a horrifying future as you see scenes of men with hollow expressions, open sores and skeleton-like features. It becomes obvious that Andrew was not telling his boss or coworkers that he has AIDS. Later we discover that he concealed this disease because he was afraid of being fired and peopleââ¬â¢s fear of him as a sick gay man. One night as he is working late, he is called to the Chief Executiveââ¬â¢s office. The Chief bestows his confidence and trust in him by giving him the responsibility over a crucial case and announces his promotion asâ⬠¦show more contentâ⬠¦He almost misses the court filing deadline and, just at the last minute, a hardcopy is suddenly found. The next day Andrew is fired for the incident. Just before this court document fiasco, Andrew became very ill and was rushed to the Emergency Room for treatment. His gay partner came into the ER worried. His partner was anxious and sharp with the doctor who threaten to throw him out of the hospital because he was not really a member of Andrewââ¬â¢s family. This angers Andrewââ¬â¢s partner, but Andrew quickly apologized and he is allowed to stay. It was at that moment that Andrew received a phone call from work informing him that the court documents were missing. He left the hospital against the Doctors advise to try and locate the documents. The camera focuses on a very physically depleted Andrew who is seeking legal counsel to sue the law firm that fired him because he believes that he was fired for having AIDS. He believes that his boss deliberately sabotaged the documents to make him look bad so they could fire him for incompetence rather than his illness. Many lawyers turned down his case. He sought help from an African American man named Joseph Miller and Miller turned his request down because he was gay and he was afraid of getting the AIDS virus from Andrew. During the time Andrew was in Millerââ¬â¢s office, Millerââ¬â¢s face was visibly fearfulShow MoreRelatedPhiladelphia Movie Review1571 Words à |à 7 PagesPhiladelphia Prepare a critical analysis of the movie Philadelphia (1993). Ensure that you address the following: * Myths and stereotypes about homosexuals and people living with HIV/AIDS (PLWHA) helped to propel his dismissal from the firm? * Prejudice, discrimination, oppression, and institutional discrimination. * Include analysis of any additional issues for gays and lesbians such as legal empowerment, violence against them, coming out, ethnicity, and AIDS. * Suggest strategiesRead MoreEthics in the Movie Philadelphia1992 Words à |à 8 PagesETHICS IN PHILADELPHIA MOVIE (1993) In this paper, we are dealing with matters of ethics and profession from a contemporary perspective. Diseases also come in when you look at matters of employment and what the disease can do to someone in a particular profession. From an ethical perspective, one needs to stay honest in what they do. In this case of ours, Andy Beckett is forced to conceal his secrets about his health status and sexual orientation for fear of rebuke and rejection. TheseRead MorePhiladelphia Movie Summary Essays2061 Words à |à 9 PagesPhiladelphia - Summary Main characters: à · Andrew Beckett: A handsome, self-assured hotshot law graduate from Penn is on a fast track to partnership at his lawfirm. But hes hiding a dark secret from his self-satisfied employers: hes HIV-positive. When he gets fired while battling AIDS he decides to bring suit. He is warmhearted and cares much for his family who - especially his lover Miguel and his mother Sarah - are extraordinarily supportive during the case. à · Joe Miller: At first hes reluctantRead MoreThe Movie Philadelphia, Released Within The Year 1993 Covers1861 Words à |à 8 PagesThe movie Philadelphia, released within the year 1993 covers a lawyer with a passionate and competent feature. A character named as Andrew Beckett, who was affected with the disease of AIDS and once discovered by other partners of the firm, he was subsequently fired from the very firm. Beckett tried a lot to find a suitable lawyer in order to sue his fellow partners working at Wyant Wheeler due to heavy discrimination but he and his proposal were mainly rejected by every single lawyer he tried toRead MoreMovie Review : The Movie, Philadelphia And A Dumb Man Who Experienced Many Important Events Throughout History1700 Words à |à 7 PagesTom Hanks once said, ââ¬Å"Sometimes a man just wants the impossible.â⬠In his lifetime, most would agree that Hanks achieved the impossible through his acting career; he personalized many influential movie par ts from a gay lawyer with AIDS in the movie Philadelphia to a dumb man who experienced many important events throughout history in Forrest Gump. This shift in the acting world happened on July 9, 1956 when a star was born. Thomas Jeffrey Hanks was born in Concord, California; his parents names areRead MoreRocky 19761459 Words à |à 6 PagesSports films are one of the most common genres in the movie industry. They usually have a simple plot leading to a huge sporting event. There are several different ways to write a sports story: sports, biography, comedy, drama, or even family movies. The 1976 film Rocky is an excellent example of a sports drama. ââ¬Å"A sports drama incorporates dramatic elements into a sports storyline.â⬠1 Rocky is a classic sports-drama. It influenced the film industry through its success, cinematography, andRead MoreMovie Character Presentation889 Words à |à 4 PagesMovie Character Presentation Philadelphia Overview of Presentation ï µ This presentation will focus on Andrew, the main character of the movie, Philadelphia. ï µ A functional health assessment will be done. ï µ Two normal and two abnormal health patterns identified. ï µ A nursing diagnosis with interventions and resources included. Background of Movie and Character ï µ Andrew is an up and coming lawyer working for a prestigious law firm in Philadelphia. He is a gay man who is HIV+ and hides hisRead MoreAnalysis Of 42 By Brian Helgeland1209 Words à |à 5 PagesThe movie, ââ¬Å"42â⬠is by Brian Helgeland with the actors Chadwick Boseman as Jackie Roosevelt Robinson, the first baseball player thatââ¬â¢s black to play with white people in the Major Leagues in the modern era. Harrison Ford as Branch Rickey, a Major League executive. Nicole Beharie as Rachel Robinson, Jackie Roosevelt Robinsonââ¬â¢s wife. Also, Andre Holland as Wendell Smith a reporter for the Pittsburgh Courier. The movie, ââ¬Å"42â⬠is about a proficient, tough man named Jackie Roosevelt Robinsonââ¬â¢s journeyRead MoreThe City Of Brotherly Love996 Words à |à 4 PagesPhiladelphia, the ââ¬Å"City of Brotherly Loveâ⬠, becomes the setting for a high-profile discrimination case in the movie Philadelphia. A successful lawyer named Andrew ââ¬Å"Andyâ⬠Beckett (played by Tom Hanks) is fired from his prestigious law firm, because while being given the documents for his next big case, a senior partner at the law firm notices lesions that are a tell-tale sign of the AIDââ¬â¢s virus on his face. It becomes up to Andy to defend his title as a successful lawyer against untrue accusationsRead MoreLaw Abiding Citizen ( Movie Summary )1612 Words à |à 7 Pagesmake revenge. But, sometimes, like in this movie, one can blame the whole justice system and try to revenge to all people included in it. Law Abiding Citizen is the movie about a man whose developed sociopathic tendencies d rove him into killing while targeting not only his familyââ¬â¢s killer but also the all criminal justice system. According to IMDB.com, directed by Felix Gary Gray and rated 7.2 out of 10, this 109 minutes long, 2009 American thriller movie, is classified as R, which means that it is
Tuesday, May 5, 2020
Contract Law Text - Cases - and Materials
Question: Discuss about the Contract Law for Text, Cases, and Materials. Answer: Introduction Every valid contract should have the element of consideration, which is the benefit that the parties receive by entering into the agreement. Different situations have been provided and it is asked whether consideration is present and if the agreement is enforceable by law. Further a situation has been provided where one party uses pressure tactics to make the other party enter into a business transaction which requires it to make a payment in excess of what was agreed in an earlier contract between them. The party which makes the excess payment takes steps to recover it in the court. It is asked whether the party would be able to recover this amount in the court of law. Consideration is the crucial element to the validity of every contract. It is a type of benefit that each party gets or expects from the deal. It increases the bargaining power of two parties in exchange for return promises and performance of other parties (Miller, 2016). It is very important for every valid contract which is enforceable by law. If there is the absence of any one condition that not satisfies the consideration terms the agreement becomes void. Every valid contract must have consideration. Consideration refers that the one party buys the other party promise with a specific In the given scenario Jane offers her sports car to Jack and the market value is around $25,000 and Jack accepts. As per the terms of the valid contract, the consideration is not taken because as per the Australian court laws consideration refers that the offeror pays money to offeree for goods or services and receives nothing in return. So in the above case, it can be seen that Jane offers her car t o Jack but Jack would not give any price in return to her. So the consideration is not in the contract and it is void by nature. Consideration has some monetary and non-monetary value and it is enforceable by law (Vagts et. al 2015). In the given case it not fulfills the condition of consideration aspect in the agreement because it lacks the promises and benefits conditions in the agreement. Lack of consideration element exists in the agreement between the two parties in the above case. As per the study of this case, it is analyzed that the due to missing aspect of consideration in agreement it is void according to the Australian court and it is not enforceable by the court (Smith et. al 2012). In this scenario, it can be seen that the Jane sells her car to Jake for $25,000.In this situation, consideration is exists in agreement (Latimer, 2012). Because it has a monetary value i.e. $25000.So it is considered as valid consideration between the two parties. Furthermore, the agreement between two parties indicates that there is a mutual benefit to the parties in exchange for promise and price. The mutual consent of two parties with exchange benefits leads to consideration is valid in agreement. In the given scenario contract between Jane and Jack buys and sells the promise and performance with specified price i.e. $25,000 that results in the agreement consideration in present (Kopel, 2012). Similarly, the deal between the Jane and Jack reveals the offer and acceptance conditions with agreed price that makes an agreement enforceable by an Australian court of law. The agreement is valid because it has some monetary value and it is enforceable by the mutual understanding of two parties (Nolo, 2016). Hence this agreement is valid because both the parties perform their actions according to their commitments like selling and buying of activities and consideration exists in the contract and it is valid and enforceable by the law of court (USLegal, 2016). In this scenario, consideration is existing with the mutual consent of two parties but it is an inadequate consideration but the agreement is not void because it has some value and it is bind by the rules and regulations of the contract. In this contract, Jane offers her car to Jack for $2500. But the market value of the car in good condition is $25000. So as per the common laws and regulations of the Australian court this consideration has some specific price or value (Lawstuff, 2016). So it is sufficient consideration due to its monetary value. Apart from the legal part, it is not an adequate consideration because it has very less value like the sale of a car in $2500 instead of $25000.In the given situation Jane and Jack not enters into the agreement with good consideration but according to Australian law, this is enforceable. Hereby, it can be seen that this agreement between two parties does not violate any common laws and policies. It reveals the existence of consideration in t he contract and it is enforceable by federal and state laws of Australia. In addition, it can be seen that this agreement has legal and financial aspects that make the consideration and gives full rights to the party to deny the contract legally (Hart, 2012). According to contract law, an agreement can be unenforceable due to lack of mutual consent of the parties (Weinrib, 2012). So it does not satisfy the conditions of the enforcement of an agreement. As per the analysis of above situation, it can be seen that the agreement between both the parties is not a good offer due to inadequate price. The market value of the car is $25000 but Jane sells the car at $2500 i.e., not an adequate offer that makes the agreement unenforceable. In this case, Jack can use the effective approach to defense to unenforce the agreement (Schwenzer et. al 2012). The effective approach helps in the situation when the consideration is not good. The effective approach helps to reduce the problems in adequate contract. Similarly, it can be analyzed from the above situation that the Australian court of law considers the main aspects in the agreement such as mutual consent of the parties, Offer and acceptance of the parties which is valid and consideration. In the de al of Jack and Jane which is legally right because it follows all the terms and conditions of the contract and follows the law procedures of Australia (McKendrick, 2014). But on the other side of the law, it can be seen that this contract is not enforceable by law due to invalid offer. The given case deals with the situation of duress as provided by the Australian law. More specifically it is about economic duress (Mckendrick and Liu, 2015). As given in the case, North Ocean Tankers had entered into a contract with a shipbuilder. According to this contract, the shipbuilder was to construct a ship for North Ocean Tankers. There was no provision in the contract regarding currency fluctuations. As it happened half way through the building of the ship the United States Of America devalued its currency by ten percent. This obviously meant that the real value of the payment that the ship builder would receive for making the ship for North Ocean Tankers would come down and the ship builder would make a loss in real terms due to devaluation of the United States Of Americas currency. The shipbuilder demanded an extra payment of three million US dollars, if not done so by the North Ocean Tankers, threatened to stop the construction work on the ship. It becomes clear from above that there was a valid contract between the shipbuilder and North Ocean Tankers. A contract is an agreement which is enforceable by law (Paterson, Robertson and Duke, 2012). But the North Ocean Tankers decided to bend to the demands of the shipbuilder as it had a charter to deliver the ship on time to some another organization. So there were economic factors that North Ocean Tankers had to consider and it took the decision to make an additional payment of three million US dollars, although no such requirement was given in the original contract between the shipbuilder and North Ocean Tankers. It becomes clear that the shipbuilder was using pressure tactics against North Ocean Tankers to get the additional payment and the latter bowed to that pressure. The central question in the case is whether North Ocean Tanker would be able to recover the excess payment it made to the shipbuilder in the court of law. According to the Australian law, duress involves use of violence or threat against a person, their goods or economic interest to force them to enter into a contract against their will. In the first type of duress, there is actual or threatened violence to person, family or near relatives. In the second kind of duress, there is wrongful threat to seize, damage or destroy the goods of one of the parties to the contract. The third kind of duress is economic duress where one of the parties applies economic pressure beyond normal acceptable commercial practice. The given case between North Ocean Tanker and the shipbuilder is an instance of economic duress. In this case the shipbuilder has taken advantage of strength of its bargaining position when there was an existing contract, to force North Ocean Tanker to enter into a transaction to provide an excess payment not stipulated in the present contract. In the present case the court would see whether North Ocean Tanker had other options available like getting a ship made by some other shipbuilder. It becomes clear from the details of the given case that North Ocean Tanker had entered into an agreement with some other party to supply the ship. Therefore North Ocean Tanker could not get the ship made by some other party to deliver it on time. Moreover, the shipbuilder was not acting in good faith. The shipbuilder could have made the ship in time but was interested in excess payment. If the shipbuilder had been more careful, it would have provided for the currency fluctuations in the original co ntract. But the shipbuilder failed to do so. Now the shipbuilder was unfairly putting undue pressure and getting excess payments (Mckendrick and Liu, 2015). This is a clear case of economic duress and the court would make the contract between the shipbuilder and North Ocean Tanker voidable by North Ocean Tanker. In these circumstances North Ocean Tanker would be able to recover the excess payment of three million US dollars by the order of the court. There is a really good chance that the court of law would give a judgement in the favour of North Ocean tanker. But the court would also consider why North Ocean Tanker did not rescind the new agreement to provide excess payment to shipbuilder later on and took so long to apply to the court for recovering the additional payment. There is another case Austin V Loral 29 N.Y 2 d 124 (1971) involving economic duress (Miller, 2006). In this case Austin, a small gear part manufacturer supplied parts to Loral, a defense industry supplier. Loral had a contract with the United States Of America Government to supply radar sets used in Vietnam. Austin demanded higher price from Loral under revised terms for gear parts. New York Court of Appeals held Loral agreed to Austin price demands under economic distress. In relation to consumer contracts, section 50 of Australian Consumer law contained in Schedule 2 of the Competition and Consumer Act 2010 (previously section 60 of the Trade Practices Act) provides protection to the party in a contract which has been a subject of duress (Australiancontractlaw, 2016). In another case Electricity Generation Corporation t/as Verve Energy V Woodside Energy Limited (2013) the Western Australian Supreme Court of Appeal held that the essential elements of duress were satisfied (Doylesarbitrationlawyers.com.au, 2016). This case also throws light on the circumstances when the court would decide in a contract that there is case of economic duress (Andrews, 2015). In this case the parties entered into a Gas Sale Agreement under which Woodside was required to supply gas upto a maximum daily quantity to the other party to the contract. Further it was required that Woodside should make reasonable efforts to provide additional amount of gas upto a supplemental daily quantity. As it happened there was an explosion at a gas producing facility of Apache, one of the major suppliers of gas leading to rise in gas prices. Woodside refused to supply additional amount of gas to Verve Energy at the agreed prices and put pressure on the latter to enter into short term gas agreements for the supply of gas at a much higher rates. Verve agreed for the new higher rates. In this case the Australian Court decided that all conditions of economic duress were present. In the cases of pressure tactics used by one of the parties to enter into new agreements, the court would carefully look into the circumstances surrounding the case and then decide whether the pressure is illegitimate or not. The compulsions or economic needs of the party would be carefully analyzed before establishing that it was a case of economic duress (Geest, 2011). Conclusion Consideration is a very important aspect in an agreement. If there is no consideration in an agreement, it is not enforceable by law. An agreement is enforceable by law even if one of the parties feels that the consideration is inadequate. If one of the parties in a contract is in a weak position because of economic aspects of a business situation it is facing elsewhere then sometimes the stronger party in that contract would force the other party to enter into a new agreement to make excess payments which can be considered as an unfair act and a case of economic duress. It is upto the court of law to decide whether the pressure applied by the stronger party is legitimate or not. Sometimes a judgement given by a lower court is contradicted and overturned by the higher court. One court decides that it is a case of economic duress while the other court comes to the decision that it is more a case of non fulfillment of the promise made in the first agreement between the parties. References Andrews, N. (2015). Contract Law. United Kingdom: Cambridge University Press. Australiancontractlaw, (2016). Duress. Available at: https://www.australiancontractlaw.com/law/avoidance-duress.html (Accessed: 16 August 2016). Doylesarbitrationlawyers.com.au, (2016). Electricity Generation Corporation T As Verve Energy V Woodside Energy Ltd WASCA 36. Available at: https://doylesarbitrationlawyers.com.au/news-board/electricity-generation-corporation-t-as-verve-energy-v-woodside-energy-ltd-wasca-36/ (Accessed: 16 August 2016). Geest, G. (2011). Contract Law And Economics: Encyclopedia Of Law And Economics, Volume 6. 2nd (edn.) United Kingdom: Edward Elgar Publishing Limited. Hart, H.L.A., Raz, J., Green, L. and Bulloch, P.A. (2012)The concept of law. UK: Oxford University Press. 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