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Drug Related Topics For A Research Paper
Wednesday, August 26, 2020
Microsoft, Nintendo and Sony Competition
Ideas and Theories Majority of organizations utilizes both buyer situated methodologies and association arranged ways to deal with increment deals and advance client dedication. Data got through statistical surveying empowers an association to present another sort of item well known among purchasers or improve a current item to make it more useful.Advertising We will compose a custom evaluation test on Microsoft, Nintendo and Sony Competition explicitly for you for just $16.05 $11/page Learn More Additionally, the data from statistical surveying empowers an organization to concentrate on limited time exercises and estimating to build deals. Organizations managing in innovation items participate in item direction way to deal with pull in a larger number of clients than different players in the market. This includes inventive items that are cutting edge and with more easy to understand applications. Different organizations set up associations with retail shops to help in dissemination of their items. Proof and Analysis The opposition between the three organizations managing in computer game consoles for example Microsoft, Nintendo, and Sony is hardened with each utilizing distinctive showcasing procedures to create more income and assemble an upper hand. The emphasis on more youthful age clients who structure the main part of the clients added to the expansion in rivalry. Microsoft went a step higher in 2001 by presenting the web based gaming; Ethernet, which permits clients to play computer games on the web. The cutting edge computer game innovation has prompted presentation of versatile gaming by Nintendo and Sonyââ¬â¢s play Station Portable (PSP) gadget which are more easy to use; a move upgraded by the accessibility of Wi-Fi and broadband in most private homes. Microsoftââ¬â¢s methodology includes chopping down the expense of creation by moving its support producing office to Asia. Microsoft likewise planned to discharge its Xbox 360 prior before differ ent contenders, in this way guaranteeing market strength in cutting edge supports. Microsoftââ¬â¢s item advancements and promoting including participation with accomplices made customer mindfulness and value of the Xbox 360. Suggestions Competition in the support innovation has prompted foundation of organizations with retail locations like Wal-Mart and Target to advance dissemination of their items. The opposition has likewise prompted organizations expanding their creation line to incorporate a wide scope of items. Microsoft in 2006, created PC models with highlights that give an extraordinary internet gaming experience to the clients. Nintendo turned to portable gaming by presenting the Gaming kid Advance in 2001, selling in excess of 75 million units. Sony then again, entered the versatile gaming market fragment with the presentation of Play station compact (PSP); another hit in the market.Advertising Looking for appraisal on business financial matters? We should check whethe r we can support you! Get your first paper with 15% OFF Learn More Competition between the three organizations additionally centered around inventive ways to deal with prevail upon clients. Microsoftââ¬â¢s presentation of Xbox 360 of every 2005 was trailed by a progressed Xbox live that improved the gaming experience. The improved adaptation combined with solid showcasing procedures permitted Microsoft to record deals of 10.4 million units of X-box lives 360. Sonyââ¬â¢s slip by in showcasing its fluid precious stone presentation (LCD) prompted contracting piece of the pie in 2006. What's more, the creation costs for the PS3ââ¬â¢s were high and the delicate product designers didn't get adequate chance to make perfect programming. Nintendo concentrated on delivering remarkable and modest items rather than costly items sold by different contenders. Such modest items incorporate Nintendoââ¬â¢s Wii that is low-tech however speaking to dominant part of the clients. End and Rec ommendation Microsoft utilized collaboration with accomplices to effectively showcase its items and guaranteeing that the items are inventive and cutting edge improved its market predominance in reassure innovation. Sony depended on cutting edge items including the PS3 to expand its market and increase more income. Nintendo decided on procedures that include inventive yet cost-slicing approaches through creation of low-tech Wii reassures. For an organization to get an upper hand and addition more income, it should concentrate on creating cutting edge items that address shopper issues through development and decrease of creation costs. This evaluation on Microsoft, Nintendo and Sony Competition was composed and put together by client Eliana Ware to help you with your own investigations. You are allowed to utilize it for exploration and reference purposes so as to compose your own paper; be that as it may, you should refer to it in like manner. You can give your paper here.
Saturday, August 22, 2020
Search and Seizure Essay Example
Search and Seizure Essay Example Search and Seizure Essay Search and Seizure Essay Unit 5: Midterm Project Carolyn Newton Associates Capstone in Criminal Justice CJ299-01 Professor: Jennifer Wills October 3, 2011 The hunt of the wrongdoing scene is the most significant period of any examination. Choices of the courts limiting acceptability of tribute proof have altogether expanded the estimation of physical proof in crime examinations. In this manner, law requirement work force engaged with the wrongdoing scene scan must mastermind the best possible and successful assortment of proof at the scene. The contentions the lawyerââ¬â¢s will make in the Williamââ¬â¢s case is: when a thing is perceived as proof it must be appropriately gathered and safeguarded for research facility assessment. Be that as it may, all together for physical proof to be permissible, it more likely than not been legitimately acquired. The courts have seriously confined the privilege of the police to look through certain murder wrongdoing scenes without a court order, (Mincey v. Arizona 437 US 385, 1978). His lawyerââ¬â¢s contention will be that Williams Forth Amendment rights were damaged in light of the fact that it expresses that: ââ¬Å"The right of the individuals to be secure in their people, houses, papers, and impacts, against absurd hunts and seizures, will not be disregarded, and no warrants will issue, however upon reasonable justification, bolstered by promise or assertion, and especially portraying the spot to be looked, and the people or things to be seized thusly, the police ought to have first made sure about a pursuit warrantâ⬠. Since the proof gathered at the Ellis home was acquired without a warrant, this would be the contention of the resistance to have the proof barred. The avoidance for this situation should just relate to the proof gathered from the Ellis home. All proof that was gathered from the Stevens home ought not be barred in light of the fact that it was gathered with assent of the property holder. For this situation, Mrs. Stevens gave authorization for the police to look through her home and the way that Mr. Stevens was presently perished; there would be no requirement for his assent. Without reasonable justification or a warrant, the police can look through when they have willful assent from the person. The assent should in actuality be deliberate and not the consequence of pressure or intimidation communicates or suggested. State v. Pearson, 234 Kan. 906, 631 P. 2d 605 (1984); Schneckloth v. Bustamonte, 412 U. S. 218, 225-26, 93 S. Ct. 2041, 36 L. Ed. 2d 854 (1973). Assent would be a lawful defense for a hunt since it expresses that: If the individual who is in charge of the property agrees to the pursuit without being constrained or fooled into doing as such, an inquiry without a warrant is substantial. Note that police don't need to disclose to you that you reserve the option to decline a pursuit, however you do. Likewise, note that in the event that you have a flat mate, the person in question can agree to a pursuit of the normal zones of your abode (kitchen, lounge), however not to your private regions (room, for example). Then again, the Supreme Court as of late decided that one life partner can't agree to the inquiry of a house for the benefit of the other. In 1984 The Supreme Court by and by stepped in to address a similar issue in Thompson v Louisiana 469 US 17 (1984). In the Thompson case, a lady who was purportedly discouraged shot and executed her better half. She at that point took an overdose of pills trying to end it all. She at that point out of nowhere encountered a difference in heart and chose she didnt need to kick the bucket. She called her little girl, who thus called the Sheriffs Department, which dispatched an emergency vehicle and representatives to the womans home. The lady was moved to the emergency clinic where she was dealt with. Specialists were called to the house and assembled proof of the homicide in the wrongdoing scene. The lady was consequently charged and sentenced in the homicide of her significant other. The United States Supreme Court administered against The State of Louisiana refering to the Mincey Decision and the desire for security gave in the Fourth Amendment. The womans conviction was toppled. By and by the courts decided that there was NO Homicide Exception and that the police were required to acquire a court order. The Exclusionary Rule is accessible to a litigant in a criminal case as a solution for illicit inquiries that abuse the rights set out in the Fourth Amendment. At the point when pertinent, the standard directs that the proof unlawfully btained must be barred as proof under the Fourth Amendment. Mapp v. Ohio, 367 U. S. 643. One significant end product to the Exclusionary Rule is the ââ¬Å"fruit of the harmful treeâ⬠convention. (McManus 2003). This standard holds that, notwithstanding the material revealed during the unlawful inquiry being forbidden, any proof that is later assembled as a roundabout consequence of the illicit pursuit will likewise be prohibi ted. Wong Sun v. US, 371 U. S. 471. Model: 1-Say for example, the police illicitly search an individualââ¬â¢s home and discover drugs. The medications will be avoided as proof for the situation against the person as per the exclusionary rule. Model : 2 If the police lead an unlawful inquiry of an individualââ¬â¢s home and discover a guide indicating the area of an all around covered up, remotely found open air cannabis field. The police go to the field and hold onto the maryjane. Under the precept of product of the noxious tree, the pot will be prohibited as proof for the situation against the person as it stemmed legitimately from an unlawful pursuit. There are two significant special cases to the ââ¬Å"fruit of the noxious treeâ⬠convention: 1. In the event that the police have an autonomous wellspring of information on the proof beside the products of the illicit inquiry, at that point the regulation won't reject the found proof. 2. On the off chance that the revelation of the proof was inescapable, the proof might be conceded, as it was not then the unlawful pursuit that made the proof be found. ââ¬Å"Inevitableâ⬠is a solid word, and so as to concede proof under this special case, a court must find that police would have found the proof whether they led the preposterous inquiry. Model: 1: 2-If an official illicitly look through an individualââ¬â¢s animal dwellingplace and finds reports distinguishing the person as the guilty party behind a web trick. The following day a secret source messages the official similar reports. The records are acceptable as proof in light of the fact that there was a free hotspot for the proof other than the unlawful pursuit After showing up at the scene, I would have taken the course to the least extent liable to upset proof, noticing my course of movement. Subsequent to checking the casualty for indications of life, (breathing and neck zone for beat). I would then have noticed the hour of appearance. Previously permitting the evacuation of the person in question (Mr. Williams), I would have shot his situation at the scene and got all physical proof from casualty. In the wake of telling order, I would then demand help, and start by making a video copying of the wrongdoing scene which would incorporate video tape shots of the proof being gathered, and looking at the casualty at scene. I would then start sorting out the pursuit by receiving a particular arrangement, relegating undertakings territories of search to singular officials. One official would be relegated to gather, imprint and transport things found. I would then execute the hunt via cautiously following the arranged allocated undertakings. Next, by checking and shooting the area of articles discovered, for example, the blade, inactive fingerprints, impressions, apparatus marks, hair, sections of material, catches, cigarette butts, bloodstains, and so forth. The entirety of this would be done while the group is hanging tight for the court order to show up. References Hendrie, Edward M. /FBI Law Enforcement Bulletin; Sep97, Vol. 66 Issue 9, p26 McManus, Brian C. /Defense Counsel Journal; Apr2003, Vol. 70 Issue 2, p540 (Mincey v. Arizona 437 US 385 (1978). State v. Pearson, 234 Kan. 906, 631 P. 2d 605 (1984); Schneckloth v. Bustamonte, 412. Thompson v Louisiana 469 US 17 (1984). S. 218, 225-26, 93 S. Ct. 2041, 36 L. Ed. 2d, 854 (1973).
Saturday, August 15, 2020
The Best Local Restaurants for Friends and Family
The Best Local Restaurants for Friends and Family At this point, Ive just about eaten my way through the Champaign-Urbana community. And let me tell youâ"Ive had some great food. Ive also had some not great food. This will be my second, or better yet, my revised version of Where to Eat when Visiting Campus. Because, lets be real, most of those restaurants arent open anymore anyway. Jupiters Pizza and Billiards There are very few things that get me as excited as pizza. And better yet, the best barbecue chicken pizza Ive ever had. But surprisingly enough, it wasnt the pizza that got me hooked on Jupiters; it was the arcade. Photo from Rachel Hernandez Everyday Kitchen I am a foodie, and nothing makes a foodie happier than aesthetically pleasing appetizers. At this point, Ive tried near everything on the appetizer side of Everyday Kitchens menu. My personal recommendation is the kale, mushroom, and sausage flatbread, sweet potato rounds, and corn ribs. Photo from Rachel Hernandez Watsons Shack and Rail The thought of elevated fried chicken made me laugh. That was, until I tasted Watsons. This gem is located in downtown Champaign and is always packed with patrons. From chicken and tacos to mouth-watering slushies, Watsons knows how to feed a crowd. My personal recommendation is fried chicken and fried fish tacos with an appetizer of roasted brussels sprouts. View this post on Instagram It might be cold outside, but itâs still Nashville Hot in here. . . . #WatsonsShack #Watsons #WatsonsRail #UIUC #Foodies #EatingIllini #Yum #Delicious #Mmm #FriedChicken #Illini #DowntownChampaign #Illinois #Restaurants #Eeeats #SpoonUIUC #Foodie #Chicken #Shack #ShackSnack #ShackSpecial #EatCU #NomNom #CUFoodie #instaillinois #slush #slushie #slushshack A post shared by Watsons Shack Rail (@watsonschicken) on Nov 12, 2019 at 2:19pm PST Smallcakes You may recognize Smallcakes by the name since they are a cupcake chain. But new to the Champaign area, my roommate and I had to give them a try. To put our obsession lightly, we are both rewards member and have received 2 free cupcakes each from points alone. You can choose from ice cream, cupcakes, or a smashcake (ice cream and cupcake combo). My recommendation is a smashcake with cookies and cream ice cream and a hostess cupcake! Photo from Rachel Hernandez Courier Cafe Courier Cafe has been a favorite of mine since long before I was a student at the U of I. With a delicious salad bar, burgers, chicken, steak, and more milkshake flavors than you can imagine, Courier Cafe is sure to please everyone in your group. My personal recommendation is the pesto pitas with chicken and a chocolate shake! Photo from Rachel Hernandez Rachel Class of 2020 I am studying Middle Grades Education with concentrations in Social Sciences and Literacy in the College of Education. Although I now reside in Champaign, I am originally from Vernon Hills, a Northwest suburb of Chicago.
Sunday, May 24, 2020
My Attitude To Henrietta Lacks - Free Essay Example
Sample details Pages: 1 Words: 342 Downloads: 7 Date added: 2019/08/07 Category Medicine Essay Level High school Tags: Henrietta Lacks Essay Did you like this example? The Henrietta cells survived they have been used in labs for 65 years. Lacks got cancer in 1951. Henrietta lacks cells had multiple cells of human papillomavirus.The virus entered her cells and turned off the gene that would normally have turned off tumors. While working on lacks cells they understand viruses can turn off tumors. In 1960 henrietta cells were fused with mouse cells. It had been eighty-five years since the Civil War ended for American culture in the 1950s. Society was rife with segregation and inequality as if paying homage to a pre Emancipation Proclamation status quo. Slavery had since been abolished, but not the idea that free black men and women were any more their equals evident by the treatment of blacks across the country. In The Immortal Life of Henrietta Lacks, Rebecca Skloot brings to life this world where black men and women are kept separate from white society by telling the story of Henrietta Lacks, a poor tobacco farmer whose cervical cancer changed the face of science and medicine forever. Donââ¬â¢t waste time! Our writers will create an original "My Attitude To Henrietta Lacks" essay for you Create order I do not think it was ethical for the doctors to just take Henriettas cells without letting her family know. She did sign an operation permit which said I hereby give consent to the staff of The John Hopkins Hospital to perform any operative procedures and under any anesthetic either local Deborahs brothers, though, didnt think much about the cells until they found out there was money involved. HeLa cells were the first human biological materials ever bought and sold, which helped launch a multi-billion-dollar industry. When Deborahs brothers found out that people were selling vials of their mothers cells, and that the family didnt get any of the resulting money, they got very angry. Henriettas family has lived in poverty most of their lives, and many of them cant afford health insurance. One of her sons was homeless and living on the streets of Baltimore. So the family launched a campaign to get some of what they felt they were owed financially. It consumed their lives in that way.
Wednesday, May 13, 2020
Harriet Tubman One Of The Most Essential Leaders - Free Essay Example
Sample details Pages: 3 Words: 923 Downloads: 7 Date added: 2019/05/31 Category History Essay Level High school Tags: Harriet Tubman Essay Did you like this example? Harriet Tubman: The Moses of Her People and Her Struggle for Freedom The period of history leading up to the Civil War was one of turmoil and immense change- politically, socially, and economically- in the United States. With the war on the brink, many influential people arose during this time of conflict to take a stand and voice their opinions. During this period there was a particularly prominent, if not the most prominent, abolitionist woman by the name of Harriet Tubman. Donââ¬â¢t waste time! Our writers will create an original "Harriet Tubman: One Of The Most Essential Leaders" essay for you Create order Tubman was responsible for the freedom of over 300 slaves through the Underground Railroad. Due to her bravery, leadership, and selflessness, Harriet Tubman was one of the most prolific leaders in the struggle to end American slavery. Because she was a brave and determined woman, Harriet Tubman freed hundreds of slaves during her time on the Underground Railroad, even though this work came with great risk and danger. As one man by the name of Levi Coffin put it,ââ¬Å"Abolitionists were very unpopular characters at that time, both in religious and political associations, and many who favored the principles of abolitionism lacked the moral courage to face public opinion,â⬠(Coffin) Utilizing a highly intelligent and effective system called the Underground Railroad developed by abolitionists, Harriet Tubman was able to save hundreds of men, women, and children from slavery. There were great risks to her work, but Tubman saw it as her calling and was eager to help those who needed her. She was so prolific, she was addressed as Moses, ââ¬Å"Her name was Harriet Tubman, they said, but she was better known as Moses. A namesake of the biblical prophet who had brought his people out of bondage and into the Promised Land, Tubman had led more of her brethren out of Egyptââ¬âas she called the slaveholding Southââ¬âthan any other person, black or white, male or female, in American history,â⬠(Scott King and Taylor). Tubman was known as ââ¬Å"the Moses of her people,â⬠because of her work leading others to freedom. As told by the Bible, ââ¬Å"He (Moses) helped bring the Israelites out of slavery and leads them for the next four decades,â⬠. We can see why she would be called this, as she led her people from slavery to freedom. Just as Moses led the Israelites from slavery in Egypt, Tubman led black slaves out of slavery in the South. Another thing that could be said about Harriet Tubman is that she was brave. ââ¬Å"Harriet Tubman always carried a revolver on the Underground Railroad, and she was always ready to use it. ââ¬Å"ââ¬ËShe could not read or write, but she had military genius,â⬠ââ¬â¢ a contemporary said of her,â⬠() This further proves Tubmanââ¬â¢s bravery and willingness to lay her life on the line to help her people. She was willing to sacrifice so much and out herself at the forefront of danger for the people she was freeing. In a letter written from Frederick Douglas, a prominent abolitionist leader at the time, to Harriet Tubman, Douglas praises Tubmanââ¬â¢s character, comparing her to night and himself to day, referencing societys failure to recognize Tubman and her achievements. He says, ââ¬Å"The difference between us is very marked. Most that I have done and suffered in the service of our cause has been in public, and I have received much encouragement at every step of t he way. You, on the other hand, have labored in a private way. I have wrought in the dayââ¬âyou in the night.â⬠Frederick Douglas, another notable abolitionist throughout the civil war, acknowledges all the substantial work she has done. Praise from someone with a reputation of such a high caliber means that Tubman was not a lost figure in history. Her work being honored by a man with the status that Frederick Douglas further proves how influential and important Tubman was in the fight to end slavery and free those enslaved. One can also see how influential Harriet Tubman was by the bounty put on her head. If she had been some low level, unknown person, the price would have been much lower. However, ââ¬Å"Tubman continued to help slaves toward freedom without any consideration of the consequences of being caught. The authorities and slave owners were so desperate to catch her that at one point there was a $40,000 reward for her capture,â⬠. () Her work was so important and well known, there was an extremely high price, especially for the time period, on her head. To be exact, ââ¬Å" $40, 000 in 1865 is equivalent in purchasing power to $601,521.47 in 2017,â⬠. () Even with a bounty of over half a million dollars in todayââ¬â¢s times, she did not stop her work. All of those opposed to freeing slaves were looking for her, yet she continued on. This amount of money recognizes how important she was to the abolitionist movement and how much of a leader she was. Harriet Tubman was one of the most essential leaders in the movement to free slaves and a huge part of the Underground Railroad. During her time working, Tubman led over 300 slaves to freedom, including her own family members. She was called ââ¬Å"Mosesâ⬠because of her role as a guide in the struggle for freedom, and she wore this title proudly. The name Harriet Tubman was a name met with trust, respect, and admiration because of her daunting work. She never lost a passenger, and this fact was very important to her. Harriet Tubman gave hundreds of previously enslaved persons a second chance at a new life: one free of enslavement, and instead filled with hope.
Wednesday, May 6, 2020
The Catastrophe of Chernobyl Nuclear Power Plant Free Essays
On April 26 1986, the reactor Unit 4 at the Chernobyl nuclear power plant was not working properly. When workers tried to fix this problem in reactor 4 by shutting down the its power regulating system and its emergency safety systems, this caused the most serious and dangerous accident in the history of nuclear power generation. The Chernobyl accident released large amounts of radioactive materials into in the atmosphere, which were carried by air currents. We will write a custom essay sample on The Catastrophe of Chernobyl Nuclear Power Plant or any similar topic only for you Order Now Soon after this catastrophe, these radioactive materials were spread by the wind over many countries, which polluted their atmosphere. The release of radioactivity had a deadly effect on peopleââ¬â¢s health and the environment; thus, before building such a plant, safety and emergency procedures must be guaranteed. The radioactive materials, which have been released from the accident, affected peopleââ¬â¢s health for several years. The Russian government admitted the release of radioactivity, when the Swedish monitoring stations reported abnormal high levels of wind transported radioactivity as clarified by the International Atomic Energy Agency (IAEA). The government had to evacuate many areas and declare it as a â⬠Forbidden zone â⬠to protect people from radioactivity. Initially the accident caused the death of 32 people(B. Hummer,Nils ââ¬Å"Chernobyl the accidentâ⬠ââ¬â http//:bcf. usc. edu/meshkati/chernobyl. html). The radioactive materials released from this accident are 200 times as much radioactivity as the Hiroshima and Nagasaki explosions (Dahl,Birgitta ââ¬Å"The Chornobyl Nuclear Disasterâ⬠http//:scf. usc. edu/~melan). Its human death losses and the amount of the radiation released into the environment, raised a large number of problems not only for the treatment of severely exposed persons, but also The decisions that had to be taken considering the population. Thus, the number of people who were suffering from cancer was increasing and the number of thyroid cancers among children also increased in the most affected area: Belarus, Ukraine and Russia (Encyclopedia of Britannica online). Indeed, for several years, babies were born deformed and thousands were suffering from illnesses and cancer (which takes 8 to 10 years to appear), scientists and doctors were alerted because after only four years thyroid cancer increased much more than their expectations and its growth was more quickly than they expected and its pattern was different from the patterns known till now (Specter,M. Willy ââ¬Å"The Three Mile Island and Chernobyl nuclear power accidentsâ⬠`The New York Times`, Sunday march 31,1996). All these factors have increased diseases among the people living in the exposed area and the workers involved in clearing the site after the accident. In my opinion, it is extremely difficult to imagine the psychological effects of Chernobyl accident on the people who experienced it. In addition, this emotional stress and other psychological factors are the main possible cause of peopleââ¬â¢s illnesses after the accident and in the future. The radiation did not only affect peopleââ¬â¢s health but it polluted the environment and the territories beside the reactor. The area beside Chernobyl was heavily polluted because 70% of the radioactive substances fell on it (Encyclopedia of Britannica online). As stated by Najmedin Meshkati, a nuclear scientist; ââ¬Å"The most dangerous thing was the food pollution (cesium, strontium, plutonium and americium) in milk and meat products are with concentration several hundred times higher than pre accident levels and often above the permitted levels and it will not disappear before 300 yearsâ⬠. Although, people know that these regions are heavily polluted and that meat and milk products have accumulated high quantities of radioactive substances, more than 1. 8 million people are still living there (Specter,M. Willy ââ¬Å"The Three Mile Island and Chernobyl nuclear power accidentsâ⬠`The New York Times`, Sunday march 31,1996). They drink radioactive fluids, eat radioactive substance (cesium131) will stay in the food and liquids and will not disappear completely before 300 yearsâ⬠. The consequences of these substances will not be noticed but after many years and it will not only affect the present generation but also the future generation. To insure maximum safety, emergency systems should be guaranteed before building any nuclear power plant. Thus, authorities must not ignore the possibility of the occurrence of an accident. The failure of workers to identify the problem between the systems to insure safety, and their failure to cooperate with each other is unacceptable. Workers must be trained to deal with real emergency situations in order to respond fast and to control it. However, after Chernobyl, solutions to insure the safety of large-scale technological systems have fallen into the categories of management and cost control (B. Hummer,Nils ââ¬Å"Chernobyl the accidentâ⬠-http//:bcf. usc. edu/meshkati/chernobyl. html). The cost to clean up the mess caused by the nuclear power plants are much more expensive than to install a new emergency system. Thus, the cost to maintain safety is negligible compared to the cost, which they have to pay if an accident happened. Moreover, authorities must be strict concerning the regulations of nuclear power plants. Many improvements in radiation protection and emergency preparations have been made, possible by the Chernobyl experience (Encyclopedia of Britannica online). The lessons drawn from the Chernobyl accident are valuable: humanââ¬â¢s life is precious. Thus, human must learn from their mistakes and know how to prevent their happening especially if these mistakes may cost innocent peopleââ¬â¢s lives. An accident such as the catastrophe of Chernobyl is a descrase for humanity, thatââ¬â¢s why we cannot afford such mistakes again. Because some mistakes are unforgiving. How to cite The Catastrophe of Chernobyl Nuclear Power Plant, Essay examples
Monday, May 4, 2020
Business and Corporation Law Australian Council of Law
Question: Describe about the Business and Corporation Law for Australian Council of Law. Answer: 1: Contract: An exchange of promise between the parties which is legally binding on the parties is known as contract. A promise made by one party to another party to do something or refrain from doing something and in exchange another party promise to do something or refrain from doing something. In Australia following elements are necessary for valid contract: Agreement- agreement is an important element for valid contract which includes offer, acceptance and also involves meeting of minds. Offer: there is no particular form of offer. It is a communication between the two persons, one party promise to do something if the other party to whom offer is given do or not do something. There is a company named Carbolic Smoke Ball Co which engaged in the production of carbolic smoke ball. Carbolic smoke ball is produced so that users can be prevented from influenza or disease which is similar in nature. An advertisement is issued by the company in which company grant reward of 100 pounds to any person who used the ball for two weeks at least 3 times a day by following the directions given to the user with the ball and even after using the ball suffering from the disease influenza, disease which is similar in nature or any disease caused by taking cold. By showing their sincerity company deposited amount of 1000 pounds with the Alliance Bank, Regent Street. Mrs Louisa Elizabeth Carlill, after seeing this advertisement purchased the ball and used it as per the directions from 20/11/1891 to 17/01/1892, even after using the balls as per directions she caught with the disease of influenza. She claimed for the reward which is mention in advertisement issued by the company and company refuses to pay the reward. Mrs Louisa Elizabeth Carlill sued the copany for award. Court held that award must be granted to Mrs carlill and company is bound to pay her because there is a valid contract between both the parties which includes offer (advertisement issued by company), acceptance (mrs carlill performed the conditions mention in the offer). All the essential elements of valid offer are mentioned, offer is made to the whole world, and company is sincere about the offer it was not mere a sales advertisement language of offer is clear. There is valid acceptance also because Mrs. carlill perform the directions mention in advertisement and there is no need to communicate the intention to the company. Consideration is an essential element of a valid contract, in this case problems suffered by Mrs Carlill is a sufficient consideration (Carlill v Carbolic Smoke Ball Co, n.d.) Acceptance- it is a statement by the person to whom offer is made for agreeing to the offer. It can be done orally, in written form or by conduct. Government of WA offered a reward which is monetary in nature to the person who gives information which results in arrest of people who are involved in the offence of the murder of police officers. Clarke was arrested by the police officers in charge of the murders and he made a statement which helps the police officers and his statement results in arrest of other person who involved in the case. After released from the custody of the police officers he claimed for the reward. In this case court held that no reward is grant to the clark from the government because he gave information for his own security, to secure his own release and not as response to the offer made by the government. There is no effective acceptance in this case (crown v Clarke, n.d.) Consideration- it is very essential element of a valid contract. Consideration means price paid by the parties in exchange of a promise. In many places consideration is not essential for valid contract, it is valid if it is binding on parties but in common law consideration must be present in contract otherwise it is not binding on parties, it must be in some kind it is a price determined by the promiser. It need not be in monetary terms or it can be in monetary terms as well. Consideration requires some damage on part of promise. For example in case of carlill court held that there is a proper consideration because Mrs. carlill suffer sufficient damage from using the balls of Carbolic Smoke Ball Co received and court conclude that even company also had benefit by sales. It is required that consideration must give by the promise and received by the promise. Consideration can be anything but it must not be illegal. There must be some value of the consideration in the eyes of the law. Intention intention of the parties must be to create legal relations. Capacity- for a valid contract parties must have contractual capacity. Following persons are not capable for a valid contract nad those are person who is mentally challenged, minor, bankrupts, etc. (Australian contract law, n.d.). There are three essential elements of a valid contract: offer, acceptance consideration. In this case Jane made an offer to jack for giving her sports car Jack accepts the offer. In this contract offer is there acceptance is there but there is no consideration, therefore it is not a valid contract. In contract law consideration is the compulsory for an enforceable contract. It is necessary for each party to the contract that is promisor and promisee and they must receive some benefit from the contract and also suffer any loss due to contract, any kind of damage and benefit related to contract can be considered as consideration. In case of Carlill v Carbolic Smoke Ball Co court held that there is a proper consideration because Mrs. carlill suffer sufficient damage from using the balls of Carbolic Smoke Ball Co received and court conclude that even company also had benefit by sales. In this case only market value of the car that is $25000 is given but consideration is not given. Consideration is not present in this contract therefore Jack cannot enforce the contract. As abovementioned valid contract is one in which offer, acceptance and consideration is present and in this case Jane offers to give her sports car for $ 25000 to Jack and Jack accepts the offer, therefore it is a valid contract and jack can enforce the contract. Jane offers her car to Jack for $25000 that is consideration which is present in the contract. Consideration must be in nature that it moves from the promisee to the promisor. Consideration must be stipulate by promisor, consideration is not valid if it is decided by the promisee, but consideration decided by promisor must be legal. As we mention consideration must not be illegal and any illusionary undertaking is not falling under the definition of good consideration. It can be well understand with the case Biotechnology Australia Pty Ltd v Pace in which pace sign a contract with the company in which company gives him option to participate in the scheme initiated by the company for the senior staff that is known as equity sharing scheme, but at the time or during the employment period of pace there is no such scheme issued by the company. pace sued the company for breach. Main issue in the case is whether consideration is illusionary and in this court held consideration is considered illusionary if it payment depends on the discretion of promisor (Biotechnology Australia Pty Ltd v Pace, n.d.) In this case Jane offers her car for $ 2500 to Jack and Jack accepts the offer. In this contract there is offer, acceptance and consideration is present therefore it is an enforceable agreement. Market value of car is $ 25000 but Jane offers this car to Jack for $ 2500. Consideration for which car offers to jack is less than the market value of car but this reason does not results in invalidation of contract. As per contract act consideration must be legal and it has some market value. This statement can be understand with the help of case law that is Chappel v Nestle in which nestle make an advertisement for the promotion of chocolate sales in which company give record to the person who submit 3 chocolate wrappers and money. Main issue in the case was that whether chocolate wrappers are part of consideration or not. Lord Somervell of harrow held that condition for submitting the chocolate wrappers are part of the consideration. it is clearly shown in the advertisement that wrappers get hit recordings. Company argued that a wrapper has no value but court held it irrelevant. It is clear from the discussion that consideration can be anything stipulated by promisor (Chappell Co Ltd v Nestle Co Ltd, n.d.). So it is clear from the above example that if consideration is legal and less than the market value then the contract is valid and can be enforced by Jack. 2: It is necessary that parties to the contract mutually agreed on the terms and conditions of contract. Consent of the parties to the contract is must be genuine. Where genuine consent is not mention in the contract then the contract is not binding upon the parties. Following are the points from which consent is affected: Mistake-contract can be executed in case if mistake can be ignored by the parties and there is no effect on the execution of contract. But in case if mistake effect the execution of contract then in such case contract is void or voidable. Examples of such mistakes are: common mistake, mutual mistake, unilateral mistake Non est factum. False statements- as the name defines consequences of false statements are serious. Consequences flow on the seriousness of false statements. There are two factors which determine the level of seriousness in false statements which are : The false statement: a condition or a warranty? Or what type of false statement was made? There are three types of false statements: Fraudulent mispresentation Innocent mispresentation negligent misrepresentation Duress- when person enters into a contract but there is no free will and he enters under some threat. In case of duress there is no free will of the party for the contract. Such violence may be of some economic nature also. Undue influence-in this one party which is dominant takes advantage of weaker party. In this weaker party suffers disadvantage of specific nature (The Law Handbook 2016, n.d.). In this case the main issue is that whether buyer would succeed in recovering the extra amount paid or he can claim any relief by way of return. Buyer claimed that money paid by him was under protest and no mutual consent is present. It is stated that buyer is not freely give his will for the payment of extra amount to the shipbuilder. This case involves question of duress. Before discussing this case there is a very similar case North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd[1979] in which facts are similar: MOCATTA J held that a particular amount was finalized as consideration. Later on, due to the devaluation of US dollar, the parties agreed that the consideration be raised there is a mutual agreement between the parties on the terms of consideration which is increased. So the validity of contract cannot be questioned on the basis of mutual agreement. There is a shared understanding between the parties, terms of contract were changed when parties agreed to the change. Next point considered by court is duress in which it was held that threat to break the contract can be considered as economic duress and any contract in which economic duress is present then such contract id void or voidable(North Ocean Shipping co ltd v Hyundai construction co ltd and another the atlantic baron, n.d.) In our current case buyer demand relief on the basis of economic duress which is a reasonable ground but court does not grant the relief to the buyer because of ignorance on the part of the buyer. Judge held that when contract is on the basis of economic duress, buyer had to take actions on immediate basis. The delay in filing for relief proves that economic duress is not present in the case. Therefore court refused the claim of the buyer. References: Australian Contract Law. Carlill v Carbolic Smoke Ball Co, Court of Appeal [1893] 1 QB 256; [1892] EWCA Civ 1. Retrieved on 20th august from: https://www.australiancontractlaw.com/cases/carlill.html. Australian Contract Law. Crown v Clarke. . Retrieved on 20th august from: https://www.australiancontractlaw.com/cases/crown.html. Australian Contract Law. Overview of Australian Contract Law. Retrieved on 20th august from: https://www.australiancontractlaw.com/law.html. Doyles. Biotechnology Australia P/L V. Pace (1988) 15 NSWLR 130. Retrieved on 20th august from: https://www.doylesconstructionlawyers.com.au/public/casewatch/BIOTECHNOLOGY_AUSTRALIA_P-L_V._PACE_(1988)_15_NSWLR_130.pdf. https://www.icab.org. North Ocean Shipping Co Ltd V Hyundai Construction Co Ltd And Another The Atlantic Baron. Retrieved on 20th august from: https://www.icab.org.bd/images/stories/icab/campus/study_materials/knowledge_level/The%20Atlantic%20Baron%20Case%20QB%20.pdf. The Law Handbook 2016. Elements of a contract. Retrieved on 20th august from: https://www.lawhandbook.org.au/07_01_02_elements_of_a_contract/. Webstroke law. Chappel v Nestle [1960]. Retrieved on 20th august from: https://webstroke.co.uk/law/cases/chappel-v-nestle-1960.
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