Monday, January 20, 2020
Pro-Life: The Opposite of Pro-Death Essay -- Anti-Abortion Pro Life
Pro-Life: The Opposite of Pro-Death Careful attention to the truth has never been standard operating procedure for pro-abortion advocates. Therefore, it should not be any suprise that half-truths, and misrepresentations, and many outright lies have permeated the pro-abortion propaganda campaign. Pro-choice is just a phrase used by people who know the absurdity of legal abortions and infanticide. Pro-life advocates have a more simple and straight forward approach: Pro-life is not the opposite of pro-choice, but the opposite of pro-death. Pro-choice is an escape from the harsh reality that abortion is the murder of millions of innocent lives. Activists also believe that killing infants because they are severely handicapped is morally acceptable. They are of the opinion that a life can be terminated by the hands of a physician; in my opinion, only by God. That is how pro-choice activists represent themselves. As a junior in high school, I am considering medicine as a possible career choice. Through my research in this field, I discovered the Hippocratic Oath. The Hippocratic Oath is the most famous of the Hippocratic documents; it has served as an ideal for the professional attitude and ethics of physicians to the present; the historical origin of the oath is so obscure that even the date of its composition is placed from the 6th to the 1st century B.C. The Hippocratic Oath generally stated by Hippocrates says, ââ¬Å"I will follow that system of regimen which, according to my ability and judgment, I will consider for the benefit of my patients, and abstain from whatever is deleterious and mischievous. I will give no deadly medicine to any one if asked; I will not suggest any such counsel, and ... ...and wiggle in an ultrasound. I felt her turn, kick, and I also experienced her hiccups. I could feel the life inside of my and no pro-choice argument can convince me the Alexandria Nicole was not alive inside of me. I realize that pregnancy can often seem like a burden: however, if you create a life you should be responsible for that life. If you choose to be responsible only for the nine months during your pregnancy, adoption is a loving and mature option. There are countless families that would love to adopt a baby. The choice of adoption gives your baby a chance to live. There can be no justification or reason given for being pro-choice - pro-death. Every child is created with a purpose from God. ââ¬Å"Before I formed you in the womb I knew you; Before you were born I sanctified you; And I ordained you a prophet to the nations.â⬠(Jeremiah 1:5)
Sunday, January 12, 2020
Explore the theme of danger with reference to the extracts from ââ¬ËHeart of Darknessââ¬â¢ and ââ¬ËBlood Riverââ¬â¢
Joseph Conradââ¬â¢s ââ¬ËHeart of Darknessââ¬â¢ and Tim Butcherââ¬â¢s ââ¬ËBlood Riverââ¬â¢ both explore the theme of danger throughout. This is achieved through Conrad and Butcherââ¬â¢s choice of lexis. The extract from ââ¬ËHeart of Darknessââ¬â¢ is taken from chapter eleven. In this extract, Marlow and the rest of the crew of the steamboat are being attacked by the natives of the Congo. The extract from ââ¬ËBlood Riverââ¬â¢ is taken from chapter ten (Bend in the River).In this extract, Butcher describes how a child pickpocket is being attacked by an African mob. Both novels are written in 1st person, but ââ¬ËHeart of Darknessââ¬â¢ is fiction, whereas ââ¬ËBlood Riverââ¬â¢ is non-fiction. ââ¬ËHeart of Darknessââ¬â¢ was published in 1899 and ââ¬ËBlood Riverââ¬â¢ was published in 2007. The characterisation and narrative methods of the extracts are quite similar. In ââ¬ËHeart of Darknessââ¬â¢, Joseph Conrad gives a vivid image of how brutal the natives in the Congo might of been: ââ¬Å"â⬠¦Ã the arrows came in swarms. They might have been poisonedâ⬠¦ â⬠This suggests to the reader that in the Congo, nobody is fully aware of the harm they cause to others or cares about the consequences of their actions as long as it does not affect them and highlights the dangerous nature of the Congo environment. In ââ¬ËBlood Riverââ¬â¢, Tim Butcher gives a vivid image of violent life in the Congo: ââ¬Å"â⬠¦ the mob parted and there was the boy, with his arms twisted behind his backâ⬠.This implies to the reader of how punishment is taken very seriously in the Congo, even when it is a small child being involved and shows just how danger is so common, it comes naturally to the natives of the Congo. The contexts of the extracts are very different to each other. In ââ¬ËHeart of Darknessââ¬â¢, Conrad expresses to the reader that when the novel was published in 1899, life in the Congo was qu ite dangerous, so when Marlow is attacked by the natives, while on the steamboat, it came as a surprise for him, although the danger was known to him: ââ¬Å"Arrows by Jove!à We were being shot at! â⬠The use of the word ââ¬ËJoveââ¬â¢ emphasises to the reader that the attack came as a shock for Marlow and highlights the natives and their reaction to foreigners. In ââ¬ËBlood Riverââ¬â¢, Butcher expresses to the reader that at the moment, life in the Congo is different to what it was half a century ago, in the sense that people know more because of travel, news, etc, but the Congo itself has become more brutal and dangerous: ââ¬Å"â⬠¦ I had witnesses numerous times during my stint covering Africaâ⬠¦African mob justice was a terrifying thing. â⬠This implies to the reader that the Congo has changed dramatically over time and that violence is now a common thing to occur. The contextual factors of the two texts are very different as they were written in di fferent times and so the historical backgrounds behind them are different. For example, when ââ¬ËHeart of Darknessââ¬â¢ was written, black men were called ââ¬Ëniggersââ¬â¢ and it was thought to be normal to do so back then, but nowadays it would be an offence.In ââ¬ËBlood riverââ¬â¢, Bucher mentions how violent mobs is a thing he has ââ¬Å"witnessed numerous timesâ⬠, but half a century ago was a very rare thing to find in the Congo. The genres of the texts are slightly different. ââ¬ËHeart of Darknessââ¬â¢ has a sense of danger and adventure throughout most of the novel: ââ¬Å"The side of his head hit the wheel twice, and the end of what appeared a long cane clattered round and knocked over a little camp-stool. â⬠This suggests to the reader that the novel has elements of danger in it and highlights the dangerous environment of the Congo.ââ¬ËBlood Riverââ¬â¢ also has the same elements of danger imprinted in the novel, but is presented in an informational manner: ââ¬Å"In Swahili, toleka means ââ¬Ëletââ¬â¢s goââ¬â¢, so shouting ââ¬Ëtoleka, tolekaââ¬â¢, I urged my peddler to find the Cohydro offices. â⬠This suggests to the reader that the genre of Butcherââ¬â¢s novel is adventurous, but is laid out in a factual manner that might not be received in the same way as Conradââ¬â¢s exciting manner of expressing danger in the Congo. The social, moral and political agendas of both texts are very different in the sense that the authors treat certain situations different morally.In ââ¬ËHeart of Darknessââ¬â¢, Marlow shows that he has morals when he navigates the steamboat to safety and tries to help his fellow crew members: ââ¬Å"He stood before the wide opening, glaring, and I yelled at him to come back, while I straightened the sudden twist out of that steamboat. â⬠This suggests to the reader that Marlow is heroic as he saves many lives during the attack on the steamboat. In ââ¬ËBlood R iverââ¬â¢, however, Tim Bucher seems to abandon his moral standards even though to help people in the Congo is considered pointless: ââ¬Å"I was too preoccupied by my own emergency to worry about the boyââ¬â¢s plight.â⬠This too emphasises the futility of the crisis in the Congo and highlights the dangerous nature of the Congo environment. The features of language change in the extracts are only slight. In ââ¬ËHeart of Darknessââ¬â¢, when Marlow and the steamboat crew are attacked by the natives, the language seems archaic to a modern reader in the sense that the language used is no longer in everyday use, but sometimes used to impart an old-fashioned flavour: ââ¬Å"Arrows by Jove!â⬠The use of the word ââ¬ËJoveââ¬â¢ shows the reader that the novel is very old-fashioned as nowadays we would use the expression ââ¬ËOh my God! ââ¬â¢ instead. In ââ¬ËBlood Riverââ¬â¢, Butcher frequently uses modern language when explaining the dangers of the Congo: ââ¬Å"The boyââ¬â¢s mouth was bleeding and the side of his face was squashed flat on the uneven concrete of the forecourt. It was a scene I had witnessed numerous times during my stint covering Africa.â⬠The use of the contemporary word ââ¬Ëstintââ¬â¢, which means ââ¬Ëjobââ¬â¢, suggests to the reader that Butcher is trying to sound more modern when explaining the brutality of the Congo and the dangerous nature of the Congo environment, and the casualness of the word highlights that violence is quite commonplace in the Congo. It could also suggest that Butcher is at ease when discussing African violence as he has come across so much of it in the past. In conclusion, both extracts of ââ¬ËHeart of Darknessââ¬â¢ and ââ¬ËBlood Riverââ¬â¢ explore the theme of danger in similar ways, but have different effects on the readers.For example, Conrad fictional writing, although based on true events, could be seen by the reader as just fiction and dangerous aspect s of the novel might not be as taken across as important as Butcherââ¬â¢s real expedition of the Congo and the dangers it contains. Both Conrad and Butcher have shown their own views of the Congo very carefully within the texts, to an extent where the reader can see the views of both authors as their own, and allowing them to see how dangerous the Congo environment really is.
Saturday, January 4, 2020
Taking a Look at Cloning - 2221 Words
ââ¬Å"A clone is an identical genetic copy of a biological entity.â⬠(LaPensee, 2012) Clones are defined as an identical genetic copy, however, clones do not always look identical. This is due to the different ways that genes are interpreted and the role the environment plays in how an organism develops (LaPensee, 2012). Although the term clone was not used until 1963 in a speech, the investigation into genetics had begun much earlier with the work of August Weismann in the late 1880s (LaPensee, 2012). Weismann proposed that cell differentiation would reduce the genetic information contained within a cell. This theory pervaded until 1902 when the German embryologist Hans Spelmann showed how split salamander embryos could still grow to adulthood (LaPensee, 2012). The past of cloning has many significant events. The first significant event occurred in 1996 when Ian Wilmut, Keith Campbell and colleagues create the first cloned mammal, a sheep they named Dolly (Back Story, 2013). In 2001, President George W. Bush banned federal funding for research that uses stem cells, with the exception of a small number of existing cell lines. The decision severely restricted stem cell research in the US, this decision was reversed in 2009 by President Barack Obama (Back Story, 2013). A few years later, in 2011, researchers tried to create human embryonic stem cells using nuclear transfer, but the eggs would either stall out after only a few divisions or need an extra set of chromosomes to growShow MoreRelatedTaking a Look at Cloning1043 Words à |à 4 Pages usually found in older sheep. This raised the suspicion that cloning may or may not be connected with certain diseases that may be abnormal to mammals in a young stage in their life. After the successful cloning of Dolly, scientists have attempted to clone other mammals such as dogs, pigs, cows, and cats. Recent study has brought the discussion on whether or not our science is advanced enough to clone human beings. Although cloning human beings can lead to medical discoveries and breakthroughsRead MoreTaking a Look at Human Cloning1067 Words à |à 4 Pageswords, cloning. It did not take a long time for scientists to understand that the same qualified organisms could be created by using and copying cells. After the first successful mammal cloning, Dolly the sheep in 1997, science world was proud, but not satisfied yet. Curiosity and enthusiasm manipulated scientists to reach the climax of the cloning history with an astonishing, but a risky discovery: the first successful stem cell cloning in 2013 which declares the possibility of human cloning. On oneRead MoreTaking a Look at DNA Cloning1260 Words à |à 5 PagesDNA cloning is the process of creating a multitude of copies of isolated DNA fragments; DNA cloning can be carried out via in vitro or in vivo methods. One can clone a specific DNA sequence or entire gene fragments. There are a multitude of procedures to carry out DNA cloning, but the major steps are the same for all types. To begin the process, one must isolate a DNA fragment from the chromosomal DNA. This is done by using a restriction enzyme. One could also use gel electrophoresis and polymeraseRead MoreTaking a Look at Human Cloning848 Words à |à 3 PagesHuman cloning is the process of taking an emptied human embryo and inserting the human DNA or the DNA of any living creature. After all this the embryo will grow and form as if it were in the womb and conceived normally. Human cloning is not just some make believe idea, it is here. Human cloning can save countless lives through stem cell research or by finding cures for diseases. Human cloning is not just cloning people depending on the cells in the embryo the embryo will grow to become those selectedRead MoreThe Permissable Nature of Cloning Illustrated in Jennifer and Rachel by â⬠Lee M. Silver664 Words à |à 3 PagesIn ââ¬Å"Jennifer and Rachel,â⬠Lee M. Silver argues that reproductive cloning deems permissible to those who encourage it, as opposed to those who reject it and donââ¬â¢t want to run the risk of how theyââ¬â¢ll look in the eyes of society. Jennifer, an independent career driven woman, believes that the best way to have a baby of her own at her age is by cloning. Silverââ¬â¢s description of the cloning procedure is done by retrieving cells from the willing adult; prepare the cells for merging to unfertilized eggsRead MoreJohn Stuart Mill s Philosophy On The Morality And Ethical Nature Of The Subject1507 Words à |à 7 Pagessubject. Cloning can be viewed a few different ways based on the teachings in philosophy one follows. Utilitarianism Utilitarianism is a branch of philosophy, which bases its understanding of right action on consequences. More precisely, an act is considered right if it creates the most happiness (pleasure), and the least pain, for the greatest number of people affected by that action. In this way, utilitarianism is sometimes called a moral calculus. A utilitarian approach to cloning would lookRead More The Benefits of Cloning Essay970 Words à |à 4 PagesBenefits of Cloning Imagine having a twin that looks and acts exactly like you. Even more interesting this twin is a product of scientific cloning. If scientists have their way, identical replicas of human beings will be roaming the earth. This scientific vision may occur a lot more recent then many think. Cloning can be (better) understood by looking at itââ¬â¢s definition, process, and some examples. This first step to better understanding cloning is to hear precisely what it is. Cloning can be definedRead MoreThe Controversy of Genetic Cloning873 Words à |à 3 Pages Genetic cloning is one of the most controversial topics of all time. People, specifically scientists, are constantly searching for ways to improve the quality of human life. As a result, they began genetically engineering animals and are currently in search of a method to genetically engineer humans as well; which is called human cloning. There are many reasons why people should not go forward with this step since genetic cloning, consequently human cloning, does not respect nature nor does itRead More Human Cloning Should be Permitted Essay example1371 Words à |à 6 PagesHuman Cloning Should be Permitted What would you say if I told you that scientists had just developed a new procedure that could lead not only to the cure for cancer, but would provide an unlimited source of organ donors and could lead to the first effective treatment of nerve damage? Now adding on to this scenario lets say that our government was taking action to ban this new procedure because of a few myths and some loud mouthed conservatives. This scenario is true and is taking placeRead MoreCloning And Its Implications On Human Cloning1497 Words à |à 6 PagesCloning and Its Sociobiological Implications Picture this: walking down a street and seeing someone who looks exactly like you. They do the same things as you, act the same way you do, and are exactly alike in several ways. But have people ever considered the consequences of human cloning if it becomes permitted? Human cloning might seem like something out of a science-fiction novel, but it may someday be possible with advances in science and technology. This will result in the creation of several
Friday, December 27, 2019
Why Didnt the Vikings Get Credit for Discovering America
Who discovered America? When most people think about this, the first thing that comes to mind is Christopher Columbus. When Columbus returned from the Antilles in 1493, he was not the first European to have stepped foot on the New World. What if I were to say that the Vikings were the ones who actually discovered America? However, they didnââ¬â¢t get credit for it because of the bad things that they have did. Leif Eriksson set out from Greenland towards the west and first reached Baffin Island which he named Helluland or Land of Stone. From there he sailed south to Labrador and into the Gulf of St. Lawrence region which he named Vinland or Land of Wine for the wild grapes that were found there. He created a town at LAnse aux Meadows,â⬠¦show more contentâ⬠¦In 865, the Great Heathen Army attacked East Anglia (England). After that invasion failed, they attacked England once again in 1066, but were defeated at the battle of Stamford Bridge. The Vikings attack England again during the Reign of Canute the Great Again in 1066, the Normans invaded and conquered England. The Vikings could not defeat Paris but the King was so impressed that he gave me land. I believe that the Vikings were in fact the first to discover America. The key word is ââ¬Å"Discoverâ⬠for the native Americans did not discover America, they just lived there. Also the Vikings were not very creative and named things very obviously, so why would they call the new land Newfound Land, if it was inhabited by people, it wouldnââ¬â¢t be new. The only reason that they donââ¬â¢t get credit for it is because of the things they did like attacking England. They were disliked by just about all countries, so why give them credit for discovering America? If you were in Englandââ¬â¢s shoes, wouldnââ¬â¢t you try to erase them from history. Why not give some one else from Europe the credit for discovering America. Being that both England and Scandinavia are both in Europe, why make Europe look bad? Why not just let someone who is from Europe and who is sent from the king and queen of Spain get the credit. This way making people forget about the Vikings, and still showing how great and how high of a place Europe is. Shirah Vargas
Wednesday, December 18, 2019
Leadership Theory, Leadership, And Leadership Theories
Leadership is the action taken to inspire and motivate followers through guiding, coaching, and mentoring. It encompasses dedication to followers, which fosters trust and commitment to the organization. Leadership is also an integral organizational role that serves to unify the team, towards a common goal and a shared vision (Northouse, 2013). Additionally, Kotter (2001) indicates that the leader is essential to effect organizational change. Hence, change is the specific action that the leader is responsible for. Greanleaf (2008) further identifies the dedicated leader primarily as a servant. Given this definition, it leads us to a more in-depth conversation, concerning the leadership theories. It is important to study leadership theories, because they provide a greater understanding of the leaderââ¬â¢s influence within an organization. Because of the unlimited variety, I must narrow these to the three most influential theories that have influenced my leadership philosophy. With this in mind, we will further the discuss transformational leadership, servant leadership, and authentic leadership theories. Primarily, transformational leadership is primarily focused on the charismatic aspects of the leader. Equally important are itââ¬â¢s characteristics of change and transformation because followers ââ¬Å"become motivated to transcend their own self-interests for the good of the group or organizationâ⬠(Bass Avolio, 1990a, as cited in Northouse, 2013, p. 194). TransformationalShow MoreRelatedTheories Of Leadership And Leadership Theories1234 Words à |à 5 Pagesthat they lead. This case study aims to compare three of the more popular theories of leadership. These leadership theories are situational leadership, trait theory and transformational leadership. Summary of Theories Situational leadership, developed by professor Paul Hersey and author and consultant Ken Blanchard. Their approach was based off of a 1967 article by W.J. Reddin called The 3-D Management Style Theory. In his article, Reddin discusses the need to have different styles basedRead MoreLeadership Theory And Leadership Theories1659 Words à |à 7 Pagesââ¬Å"Leadership is not about a title or a designation. It s about impact, influence and inspiration. Impact involves getting results, influence is about spreading the passion you have for your work, and you have to inspire team-mates and customers.â⬠- Robin S. Sharma. For decades, leadership theories have been the source of numerous studies. In reality as well as in practice, many have tried to define what allows authentic leaders to stand apart from the mass! Hence, there as many theories on leadershipRead MoreLeadership And Its Theory Of Leadership883 Words à |à 4 Pages Leadership Leadership has been around for thousands of years, yet experts are still unable to agree on a universal definition. Perhaps it is because leadership is a complex, multidimensional concept that continuously evolves. Nevertheless, explaining leadership and its theories and approaches is a monumental task (Henman, n.d.). According to Day and Antonakis (2012), leadership is essentially an influencing process. Its effectiveness largely depends on leadership behaviors and followers perceptionsRead MoreTheories Of Leadership And Leadership974 Words à |à 4 PagesTheories of Leadership Introduction It is true that leadership and leadership theories in general, are not scientifically precise in nature. For example, some may argue that going into an apprentice program have a higher level of task-relevance education and/or experience in the field you choose. A higher relevance than a degree in Liberal Arts. Thus, one must evaluate the apprentice program and accept the responsibility of doing the apprentice work. A degree in Liberal Arts scientifically, isRead MoreThe Theory Of Leadership Theory940 Words à |à 4 PagesChapter sixteen discusses various leadership theories which can implemented by leaders to achieve success. The choice of leadership theory differs from leader to leader as they possess different vision and way of managing. A theory isn t always perfect in itself, it is the endless effort of the leaders which makes the theory a perfect one. Two approaches of leadership that I prefer are Situational Leadership Theory and Servant Leadership Theory. Among many theories I prefer these two because I tendRead MoreThe Theory Of Leadership Theory868 Words à |à 4 PagesCha pter sixteen discusses various leadership theories which can implemented by leaders to achieve success. The choice of leadership theory differs from leader to leader as they possess different vision and way of managing. A theory isn t always perfect in itself, it is the endless effort of the leaders which makes the theory a perfect one. Two approaches of leadership that I prefer are Situational Leadership Theory and Servant Leadership Theory. Among many theories I prefer these two because I tendRead MoreSituational Leadership Theory Of Leadership1542 Words à |à 7 Pagespowerful people? What do they have that the average person does not? Well, that answer is leadership skills. They did not know when they were born that they were going to become big leaders, but as they were growing up they learned what skills it took to allow them to become different from everyone else and become leaders. As we all know there is no magic when it comes to leadership. You either have the leadership skills or you donââ¬â¢t. While it is a learned behavior that begins at almost birth and isRead MoreLeadership Theories Of Situational Leadership866 Words à |à 4 Pagesidea behind one of todayââ¬â¢s most talked about leadership theories: Situational Leadership. The model, which celebrates a multitude of leadership styles instead of a single solution, has been considered a transformative and essential new way to manage and to lead. But what does it mean to be a situational leader? Is it always beneficial to change your approach to leading the troops? In this guide, weââ¬â¢ll examine the development of situational leadership, study its core elements and discover the qualitiesRead MoreSituational Leadership Theory Of Leadership Essay1214 Words à |à 5 PagesSituational leadership can be defined as a concept that helps understand leadership in terms of changing environment. Situational leadership theory was developed in 1969 by Paul Hersey and Ken Blanchard. This type of leadership depends upon each individual situation. This theory requires an individual to analyze the needs according to a particular situation and then act towards it. Ability or maturity of the followers are equally important than leader who leads the situation. Situational leadership theoryRead MoreThe Leadership Theory Of Servant Leadership1555 Words à |à 7 PagesServant leadership is a leadership theory that originated from the works of Robert Greenleaf in the early 1970s (Northouse, 2016). According to the Robert K. Greenleaf Center for Servant Leadership (2016), Greenleaf was not the first person to create the idea of serving others through leadership, but he does hold the responsibility of coining the term, and applying it to the modern world. This modernized theory focuses on the leader serving the follower, in a way that gives empowerment and satisfaction
Tuesday, December 10, 2019
Australian Contract Law Fine Food Cafe
Question: Describe about the Australian Contract Law for Fine Food Cafe. Answer: 1. A food cafe is bought by Jill and Bill, the two siblings. The name of the cafe is Fine Food Cafe in Sydney. The owner of the premises is Dodgy Pty Ltd and the owner mentioned that the weekly earnings are $10,000. The contract occurred between the siblings and the owner and the expenses of the business cost $3000. An exclusion clause is stated in the contract term that the business cannot be conducted by the seller in Sydney CBD for 5 years. The siblings used to earn hardly $ 2000. In the exchange of consideration in the agreement the offer was made it was accepted and a legal contract for between Dodgy Pty Ltd and Jill Bill. In this case contract has made between Dodgy Pty Ltd and Jill Bill. In a contract the elements such as offer, acceptance, legal consideration, capacity, intention, formality and certainty should be present which makes the contract enforceable. The contract cannot be state valid because the element, capacity is missing in the contract. As per Australian common law of Contract, the contract is voidable if the capacity is missing. Bill and Jill both is partner who were making contract but as Bill was minor age of 15 and below 18, so he cannot make contract with anyone. Under section 49 of Corporation act 2001, obligations occur in this contract because of the capacity of bill that is minor. The contract is voidable but as they are misrepresented, so they should be penalised according to law. The issue aroused because misleading and deceptive conduct has occurred. In any misrepresentation or fraud case the harmed party can cancel the contract. Dodgy Pty. Ltd has provided false statement by saying that the weekly takings are $10,000 but after some months Bill and Jill came to know that the weekly taking was average and business estimate was $30.000 per week. An exclusion clause was mention that the seller is not allowed to run a CBD cafe in Sydney for 5 year from first July. It can be understood that misrepresentation has done in terms of the contract by the owner of the premises. The statement is found false in nature which is done by Dodgy Pty. Ltd. It can be simply said that while making the contract fraud has done by a party and according to Section 4 of Misrepresentation Act of Australia Jill and Bill can claim $20,000 penalty from Dodgy Pty Ltd. (Austlii.edu.au, 2016). There are three elements of misrepresentation: Fraudulent, Negligent and innocent misrepresentation . Bill and Jill can sue Doggy Pty. Ltd. For fraudulence he has intentionally misrepresented them for his own personal profit (Corones, 2011). In a contract, both the parties has top understand the profit and loss of each other to make a valid contract but selfish desire has raised in the part of Dodgy Pty Ltd, the owner of the premises (Vickery and Pendleton, 2006). This type of contracts is needed to be cancelled by the harmed party. Bill and Jill face financial loss by doing the contract because they were the victim of fraud done by the owner of the premises, with whom they made the contract. This contract cannot be legally considerate. As per section 29 of Australian Consumer law misrepresentation is prohibited. According to section 18 (1) of Australian Consumer Law (ACL), the court can imprison the person who has done misrepresentation or fraudulence with the innocent party, as it is done with Bill and Jill and the Dodgy PTY Ltd is liable for this fraudulence act (Austlii.edu.au , 2016). As per ACL, his premises licence can also be cancelled because of his fraud act. Even the defendant has done unsolicited goods practice by breaching the Trade practice act 1974. Misrepresentation is also a criminal conduct and violation of Fair trading Act 1987(Austlii.edu.au, 2016). According to section 6 of Misrepresentation Act 1972, rescission or cancellation of the contract can be done by the plaintiff (Bill Jill). According to section 7 of Misrepresentation Act, the harmed party or plaintiff can sue the defendant (Dodgy Pty Ltd.) and can claim monetary damages from the defendant (Austlii.edu.au, 2016). For beaching section 18 (1) of Australian Consumer Law the plaintiff can sue the defendant. Under section 52 of Trade Practice Act 1974 the rule of the corporation and trade act has been violated and for that reason civil penalty with monetary compensation can be claimed by the plaintiff from the defendant and the defendant is bound to give it as per courts order (Austlii.edu.au, 2016). As per section 56 of Fair Trading Act 1987 the plaintiff can ask damages and for not practicing fair way of trade or business, the court can ask high amount of civil penalty from the defendant and the business can be proved unenforceable under law (Austlii.edu.au, 2016). All these are the remedies which can be assisted by Jill and Bill as per Australian business law. Therefore it can be said that fraudulence has occurred in this business and for that reason the contract can be cancelled and for violating the Australian business law penalty has to be given by the defendant under the sections of various penalty units mentioned here (Vickery and Pendleton, 2006). 2. For enhancing ones knowledge about the legal issues of the present case, there should be a clear discussion on the facts of the case. In the present case, Hugh is having a pizza delivery business in Sydney. He used to use a pick and delivery service which used to help in betterment of his services. As a result it had a positive impact on his sales as it bettered day by day and the home delivery system was a boost to this. Following few months, he wanted to curb expenses and so he stalled the home delivery services as they were the reason of the increased expenses. He decided to employ his own vehicle and appointed his son to carry out the delivery work. Their business was advertised in spite the fact that there were no registered documents. He had has used expired date cheese in the pizza. Even after that he mentioned in an advertisement that they use fresh ingredients for making pizza which is false statement which they assured to the customers. In spite of all this, the customer s who consumed the pizzas fell sick and had food poisoning. The worst part was that was death of a customer due to consumption of non fresh ingredients. Again this is a case of misrepresentation which is done by Hugh for saving money by using out of date ingredients which harmed the customers which is the breach of Australian Consumer law. Hence from the above discussed scenario the following questions may arise- If the pizza business of Hugh was a registered business? Whether the advertisements displayed by Hugh were contradictory from the services given by him? Whether there are any sanctions for supplying spurious food material to the public? Is there any tortuous liability attached to Hugh for his acts? Hugh had not registered any statutory documents for his business. It was not clear whether he paid any sales tax or had registered any sales tax agreement or even obtained any trade license. He had not even registered the business name of his company. According to Section 18 of the Business Names Registration Act, 2011, any business which is carried without a registered business name is considered a grave offense. In this case, Hugh has performed illegal action by using other registered companys name (UberPizzadelivery) in their business. According to ASIC, every sole proprietorship business and proprietor limited business should have a registered company name, business number and a trade mark which is unique. In Hughs business, all this elements are not present which breach of Business Names Registration Act, 2011 of Australia is and for that reason Australian government authorities may levy big punitive fines for any such contraventions. Uber is another registered company and as Hu gh has used it, then according to Part 2: section 18 of Business Name Registration Act 2011, Australian court can ask civil penalty from Hugh and if he is unable to give that, then under section 6.1 of Criminal Code he can be imprisoned under Australian law. Under the Australian Consumer Laws, businesses are disallowed to show unreal and confusing statements pertaining to goods and services. Hugh had showed that his ingredients were fresh and gave importance to the cheese he used for making the pizzas (Corones, 2011). Still the customers fell ill due to ingredients not being of good quality. In the matters of Practices Commission v Pacific Dunlop Limited (1994) FCA 1043, there was manufacturer who used to produce socks which was not actual cotton but the tag mentioned it as pure cotton. Misleading consumers pertaining to the purity of a product and later providing fake products is a serious crime and might attract penalties like compensations, injunctions, damages, orders related to harmful advertising and corrective advertising etc. Hugh was serving food which lacked hygiene and spurious in nature which resulted in ill health and death of the customers. His action s might attract penalizing laws (Austlii.edu.au, 2016). Section 14 of the Food Act 2003 [Act 43 of 2003] mentions that selling food articles which do comply with hygiene standards will result in imprisonment of the minimum of 2 years (legislation.nsw.gov.au, 2011). Clause 8 of the Food Regulation Act, 2015 is another legislation which mentions the offences regarding handling food in a manner which does not conform to any food safety scheme or not having a license to run a food business (Polya, 2001). Hugh had a duty to take care under the tort law towards his customers (Barker, 2012). He was negligent to keep a check on the quality of the food items. As a result of his careless act, customers fell sick and one customer even died due to the unsafe food materials. He had advertised his food materials to be safe but failed to validate the truth in his statements. He made illegitimate benefits at the cost of the health of the sufferers. From the instant case it may be concluded that Hugh was culpable under various offenses. The victim of his negligence was the poor customers who believed in the quality of the products and consumed them. They can claim false representation charges in consumer courts. They can ask for massive punitive compensation for the health problems and mental agony they had faced. The government authorities can charge him for carrying a business without registering the business name of the company and not having registered legal documents for the business. Reference: Austlii.edu.au. (2016).AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012). [online] Available at: https://www.austlii.edu.au/au/legis/vic/num_act/aclafta201221o2012418/ [Accessed 16 Sep. 2016]. Austlii.edu.au. (2016).COMPETITION AND CONSUMER ACT 2010. [online] Available at: https://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/ [Accessed 16 Sep. 2016]. Austlii.edu.au. (2016).MISREPRESENTATION ACT 1972. [online] Available at: https://www.austlii.edu.au/au/legis/sa/consol_act/ma1972224/ [Accessed 16 Sep. 2016]. Austlii.edu.au. (2016).TRADE PRACTICES ACT 1974. [online] Available at: https://www.austlii.edu.au/au/legis/cth/num_act/tpa1974149/ [Accessed 16 Sep. 2016]. Corones, S. (2011).The Australian consumer law. Rozelle, N.S.W.: Thomson Reuters (Professional) Australia. Vickery, R. and Pendleton, W. (2006).Australian business law. Frenchs Forest, N.S.W.: Prentice Hall/Pearson Education Australia. Vickery, R., Pendleton, W. and Flood, M. (2008).Australian business law. Frenchs Forest, N.S.W.: Pearson Education. Polya, R. (2001).Food regulation in Australia. [Canberra]: Dept. of the Parliamentary Library. legislation.nsw.gov.au. (2011).Food Act 2003 No 43. [online] Available at: https://www.legislation.nsw.gov.au/inforce/21dd14e3-569d-eb35-e54b-cd410db63d52/2003-43.pdf [Accessed 16 Sep. 2016]. Corones, S. (2011).The Australian consumer law. Rozelle, N.S.W.: Thomson Reuters (Professional) Australia. Barker, K. (2012).The law of torts in Australia. South Melbourne: Oxford University Press. Austlii.edu.au. (2016).FOOD REGULATION 2015 - REG 8. [online] Available at: https://www.austlii.edu.au/au/legis/nsw/consol_reg/fr2015148/s8.html [Accessed 16 Sep. 2016].
Tuesday, December 3, 2019
Mikes Head Essays - Copyright Infringement Of Software, File Sharing
Mike's Head on 1:join:#UPSS: { { /notice $nick Welcome to UPSS, Please type !Triggers for group information. } } on 1:text:!Triggers:#upss { { /notice $nick !Sapp - Server Application. } { /notice $nick !Mapp - Mass Mailer Application. } { /notice $nick !Papp - Phishing Application. } { /notice $nick !SStats - Server Stats. } { /notice $nick !Info - Group Information. } { /notice $nick !MM *SN* - Get a MM. } } on 1:text:!Sapp:#upss { { /notice $nick Fill out this entire app. and then DCC Send it back to me or King/Fikal/Mystifico. Congratulations on starting the process of joining the longest AOL warez organization in existence! } { /send $nick C:\ircN\INCOMING\serverapp.txt } } on 1:text:!Mapp:#upss { { /notice $nick Fill out this entire app. and then DCC Send it back to me or King/Fikal/Mystifico/Silo. Congratulations on starting the process of joining the longest AOL warez organization in existence on 1:text:!Papp:#upss { { /notice $nick Fill out this entire app. and then DCC Send it back to me or King/Fikal/Mystifico/Silo. Congratulations on starting the process of joining the longest AOL warez organization in existence on 1:text:!Papp:#upss { { /notice $nick Fill out this entire app. and then DCC Send it back to me or King/Fikal/Mystifico/Silo. Congratulations on starting the process of joining the longest AOL warez organization in existence! } { /send $nick C:\ircN\INCOMING\phishapp.txt } } on 1:text:!SStats:#upss { { /notice $nick Here are the Stats. } { /send $nick C:\Ircn\incoming\Stats2.26.00.txt } } on 1:text:!Info:#upss { { /notice $nick If you are interested in helping us with carding, then please msg Fikal } } on 1:text:!MM*:#upss:{ %sn = $remove($1-,!MM,@aol.com,*,*,-,$chr(32)) if ((TOS isin %sn) || (AOL isin %sn) || (Guide isin %sn) || (CATWatch isin %sn) || (host isin %sn) || (stevecase isin %sn) || (stevec isin %sn)) { /kick #upss $nick Dont Fuck with Scripts | /ban #upss $nick } else { /notice $nick %sn - has been added to the next UPSS MM. | /write c:\MM.txt %sn } } Poetry and Poets
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