Monday, December 30, 2019
The Ethical Practices Of Managers And Co Workers - 1400 Words
Ethics is defined as the discipline dealing with what is good and bad and doing so with moral duty and obligation. The corporate perception of ethics often varies from the definition of the term which can cause an abundance of issues in the workplace. Interpretations range from what a personââ¬â¢s feelings say are right or wrong, religious beliefs, law requirements, or just what is acceptable to society morals. Despite the varying translations of business ethics one thing that is undeniable is the huge positive or negative affect it has on a companyââ¬â¢s success. It is evident that people are influenced by those around them; celebrities, politics, peers, and superiors are just a few examples to claim. The ethical practices of managers and co-workers are influential to the employees who work for and with them and should demonstrate the conduct which the company would like to be known for in the public eye because of the potential gains and competitive benefit of morally sound e mployees who are dedicated to the code of ethics their business enforces and promotes. Cause for concern is derived from the numerous reports of corporate scandal or fraud and the impact on societyââ¬â¢s view of businesses convicted or accused of such acts. In many of these cases said acts are carried out by numerous employees and even separate companies working together in discretion. Not as guilty as those performing the unethical tasks, but still in part to blame for the prolonged continuance are the employeesShow MoreRelatedEthics : Ethics And The Workplace1407 Words à |à 6 PagesIn this day in age ethics is a big part of businesses. An Ethical employee tends to make decisions in the best interest of their employers, co-workers, and also outside companies other than themselves. This being said I will be discussing how ethics and communication can help and benefit you in the workplace and how it can build relationships with employees, what companies look for in their workpl ace using ethic also some statistics of how ethics benefits the workplace, and a few cons businessesRead MoreEthical Ethics Of An Ethical Corporation Is Not An Oxymoron1645 Words à |à 7 PagesAn ethical corporation is not an oxymoron. History is littered with tales of deceit and corruption. Human conduct towards ethics in todayââ¬â¢s workplace is an important issue; recent headlines show consequences of unethical behavior on both companies and employees. Contained within the basic code of ethics in the workplace are words like, trustworthiness, respect, responsibility, fairness, (Chatov, 1980). Consider questions like, is it ethical to take office supplies from work for home use, or isRead MoreEthics : Ethics And Behavior1585 Words à |à 7 Pagessuccess. Every business in every industry has certain guidelines to which its employees must adhere. Effective and appropriate workplace ethics-principles and practices that define the duties, obligations and, by implication, the rights of an organizationââ¬â¢s members-builds on the individual and collective values found in society. Any workplace ethical standards sharply at variance with those privately or publicly embraced by its members are likely to be protested, resisted or at least questioned by themRead MoreIts a Good Business by Solomon1525 Words à |à 7 Pagesââ¬Å"Businesses need to abide by fair policies and their owners have to be ethical in dealing with their customersâ⬠(Shaw p. 37). The author acknowledges that while illegal practices in business management could bring positive results at first, eventuall y the business is bound to fail. This is why Solomon recommended eight important policies that can help businesses in integrating ethics into their operations. Solomon mentions that unethical practices can destroy the business and its employees. Once the authoritiesRead MoreEthics And The Code Of Ethics1455 Words à |à 6 PagesEthical Practices There are many questions about peopleââ¬â¢s ethics and how they practice it by deciphering between what is right and what is wrong. How we think and behave towards others and how others think and behave towards us is how people live their lives. Doing what is right and personal integrity is two different features of ethics. In a business world, the Code of ethics is ââ¬Å"a companyââ¬â¢s written standards of ethical behavior that are designed to guide managers and employees in making theRead MoreCan Technology Affect Ethics and Culture1013 Words à |à 5 Pagesand Culture? Jeremiah Johnson TEC/401 Linda Poole November 16, 2006 Can Technology Affect Ethics and Culture? In today s work environment, workers are expected to know more than ever before. With the growing of technology comes more knowledge that end-users must know, so it is important for workers not to be distracted by unethical practices. However, with technology also comes a more defined sense of communication, which can be good or bad. This improved communication can not only encourageRead MoreEthical Decision Making Ethical Decisions Essay1088 Words à |à 5 Pagesarticles are available online which discuss making ethical decisions and the importance of maintaining a high level of ethical standards in business. Ethical Decisions Sound ethical decisions are extremely important in business communication and the decision making process is greatly affected by ethical standards. There are four general rules any business leader must follow when trying to make ethical decisions. These rules help managers and employees to behave appropriately and in theRead MoreThe Impact Of Management On Employee Job Satisfaction828 Words à |à 4 Pagescommunication skills are a characteristic that a good manager must possess. Employees become dissatisfied with their jobs when they feel that their voices are not heard, they are not being treated fairly, and the specifics of the job itself are not being communicated properly. Direction of Communication Communication is essential to satisfactory job performance. Lack of effective communication harms the worker and his or her co-workers. When a manager does not have effective communication with his orRead MoreEffective Ethics and Ethical Behavior1468 Words à |à 6 PagesEffective ethics and ethical behavior Memorandum and Report Carol Harris TO: Rebecca M. Melton, ABC Toy Co. CEO FROM: Carol Harris, Elementary Division Manager, ABC Toy Co. DATE: 6/5/11 SUBJECT: Product quality issue and a report on ethical decision making. This memo addresses a product quality issue with a whistle included in our toy collection. I have included a report on the importance of ethical decision makingRead MoreOrg.Ethicsrolemodelspaper997 Words à |à 4 PagesImmediately upon employment my co-workers became greatly fond of me, and accepted me onto the team, everyone did. This was a job I had no problem with, and so this satisfaction soon poured over my performance within my task of duty. After about two months I was promoted from a team member to the ââ¬Å"Team Trainerâ⬠. Soon after I was invited to participate in the KFC YUM BRANDS, Shift Supervisor/Management Training Class. Now, before I began the process of management, my co-workers were always enthusiastic
Sunday, December 22, 2019
Experimentation And Other Research Designs - 2140 Words
The most basic difference between experimentation and other research designs is that experimentation seeks to determine what might happen if certain variables in a given situation are changed. According to Cooper and Schindler (2014), experimentation requires that a researcher ââ¬Å"accept the world as it is foundâ⬠(p. 192). In other words, a researcher conducting experimentation is not seeking to determine a causal link between events and outcomes; rather, the experimenter seeks to determine what may happen if some variable in the chain of events is altered. Unlike ex-post facto research, which asks questions after an event occurs to determine ââ¬Å"what is or what has beenâ⬠(Cooper Schindler, 2014, p. 192), experimental research manipulatesâ⬠¦show more contentâ⬠¦While the correlation between a cause and its effects may seem apparent, often too many different factors must be considered. Through experimentation, more accurate correlations may be made to determine a cause. This aspect of experimental research makes it somewhat superior to other forms of research (Rutter, 2007). Another advantageous characteristic of experimental research is the possibility of replication. In most research applications, too many variables may pollute a given situation and increase the difficulty with which to adequately make initial observations. Experimental research is more easily contained to the desired set of variables, and as such experiments can be replicated to further test hypotheses. Reproducing an experiment is much easier th an conducting additional research by other means (Fagaras, Kovacs, Oros, Rafaila, Topa Harrant, 2013). The use of experimentation is not necessarily a biblical concept. However, the Bible provides guidance in all areas of life. As such, truths spoken for certain purposes can be applied to other areas in many cases. For instance, in 1 John 4:1 (English Standard Version), we are instructed to ââ¬Å"not believe every spirit, but test the spirits to see whether they are from God.â⬠While this relates more to our Christian lives, we can apply this idea to experimental research. In using experiments, we are testing different variables to determine whether or not they are related to a
Saturday, December 14, 2019
Being Gay Free Essays
Being Gay: What the Filipino Parents Should Understand About the LGBT About 3 days ago, I have read an article in the Philippine Star advising parents on what to do when they have a gay child. It was written by a local journalist, Tintin Bersola-Babao according to her interview with a ââ¬Å"noted psychologist. The article details how parents should stop all the effeminate ways of their children and how to tell them that they are what ââ¬Å"Godâ⬠made them and they must live a family with only the opposite sex in the future. We will write a custom essay sample on Being Gay or any similar topic only for you Order Now Phrasing my last sentence that way is an understatement on how the article abhors the LGBT and limits a childââ¬â¢s choice on his own sexual identity, but at least, you have a hint of where Iââ¬â¢m coming from. This essay is entitled ââ¬Å"Being Gay,â⬠the same title as that of the said article I have read to parallelize the contentions of what should the parents do to their gay child according to the perspective of a ââ¬Å"noted psychologistâ⬠who speaks of the word of her god (I still donââ¬â¢t know which god she has been referring to all those times, though) rather than the word of her profession and someone from the LGBT and is happy that his parents never did what the article advised them to do. On the choice of ââ¬Å"Beingâ⬠Gay First of all, the title of the article has expressed a belief that the author, under her mind, has the idea of gayness as a state of being rather than a stigma. You, parents should be able to understand that homosexuality is not an imposed consciousness that your children have to live with, because nothing should be imposed on them, to begin with. They live their own lives according to what they inherently have, not that someone has inflicted them with characteristics and told them what they should be just because the bible says so. You should let your children explore the horizons of their sexuality than impose an identity that you want your children to have. Your childââ¬â¢s identity is a product of the choices they made, the challenges they faced, and the trials they conquered. In order to positively maximize your childââ¬â¢s personality, s/he should not be limited to the out dated social norms and concepts of morality. These things stop them from being who they really are like a box that imprisons them in the shadow of others. Without giving them the freedom to discover their own ââ¬Ëself,ââ¬â¢ children further evelops confusion on their own sexuality. They will question themselves because they deviate from what you told them to be, worse, on what they can see and get from the society. Even you prohibit your gay child to be effeminate, his inner ââ¬Å"gayâ⬠self will still manifest, one day or another. That is because once again, gayness is a state of being. You canââ¬â¢t strip that aspe ct of your child off them. That is who they are. The least you can do is to accept them, nurture them, and support them. Besides, whatever they will become, they are your children. On the guarantee to heterosexuality The first thing to comprehend on the issue of homosexuality and effeminacy is that a childââ¬â¢s preference on clothes or toys doesnââ¬â¢t suggest their sexuality. There is no guarantee to heterosexuality of a boy who loves sports and toy guns or a girl who acts genuinely lady-like. As children, their choice on toys depends on what you give them or what they see in the media. There is no such thing as an instinctive preference on things like these; itââ¬â¢s the society that is telling us that girls should play with Barbie dolls and boys should play with toy guns. In the same line of thought, a boy whoââ¬â¢s playing with Barbie dolls doesnââ¬â¢t suggest his homosexuality. He might be playing with dolls because he admires their beauty or he wants to be a doll maker or fashion designer in the future. A girl playing with toy guns might want to be in the military someday or an action film actress. The point here is that children are way beyond what we see on them. You should be able to accept your child beyond what is seen by the naked eye. Regardless of their sexuality, they are still human beings. On God and Morality Considering the concept of individualism as a playing card in the issue of sexuality, morality should not be a basis of your judgment to your children. Morality is something that you canââ¬â¢t quantify. What is immoral to you may be moral to others. The concept of right and wrong doesnââ¬â¢t really matter in the issue of homosexuality, though; because there is nothing wrong with homosexuality and homosexual acts in the first place. What is wrong is on how people look and label the LGBT as a disease created by demons. The religion backbone of the argument against the LGBT is not even valid. Those were close minded opinions formulated by people who at first believed that women are inferior to men. The thing is, the bible may be the word of God, but what we know about the bible is just an interpretation of a group of people according to their own context. The age of close-mindedness has been gone for a very long time; however, we still suffer its aftershocks. God created everyone equally, the bible says, and God created the world. Even the gays and the lesbians are created by God in his own image. They too are children of God. They were gays because God wants them to be gay. Itââ¬â¢s just sad that other people believe otherwise. Again, there is nothing wrong with being gay, what is wrong is to punish your child because he is one. Raising a better person The first misconception of most parents when they have a gay child is that their child will be a lesser person ââ¬â they will have a hard time finding a good job, they are shames on the family, so on and so forth. The second is that having a gay child is caused by their failure to raise the child to become a better person. Parents, I tell you, none of those were right. They were just mistaken beliefs. The truth is that being a straight individual is not a prerequisite to become a better person, in the same way that being gay is not an obstacle for someone to land on a good job. In our society nowadays, gays are well accepted in the corporate arena. Companies value qualifications and skills more than oneââ¬â¢s sexuality. As a matter of fact, majority of the LGBT graduates were hired in the first job they applied to because of their confidence and inherent dynamism, studies shows. Nothingââ¬â¢s to be worried about. BUT if you chastise your child for being gay because of the reason that he will not get a good job for being one, youââ¬â¢re the one who are discriminating your child, not his future boss. Being a better person means being able to contribute to the greater good. And with its definition, none is said about oneââ¬â¢s sexual identity. For as long as you raise your gay child to be someone who respects other people, someone who loves of God, someone who doesnââ¬â¢t violate the law, and someone who is productive enough to help himself, his family, and his country, you should be proud of yourselves. You have raised a better person, even though heââ¬â¢s gay. On love and future family ââ¬Å"Love is human experience, not a political statement. â⬠Anne Hathaway said. Love should know no limit, love should know no discrimination. You should love a person, not a gender. This is what most of Filipino parents failed to understand. Telling your effeminate son that he is a boy and that he should be marrying a woman (girl) is a good way of raising him but telling him that he should love a person regardless of who and what he is, is better. You, of all the people, are the ones who should have the reason to understand your childrenââ¬â¢s feelings. Donââ¬â¢t force them to love someone that they donââ¬â¢t. They canââ¬â¢t choose who to love, nor can they choose to love who they donââ¬â¢t. The key is to just support them emotionally for them to know if what they feel is real love. No one else can help them do that. Only you. The problem with most people is that they think that love only exists between a man and a woman, and that a homosexual relationship is just an offspring of lust and sexual desires. But, for a fact, the most solid love is the love that exists in a gay relationship because the couple has overcome the challenge of a mandatory social conformity. Gay couples were able to embody what love really is ââ¬âloving someoneââ¬â¢s heart, not someoneââ¬â¢s penis or vagina. Parents please donââ¬â¢t deny your children to love and be loved. Youââ¬â¢ve once experienced it; let your child have the same. An appeal to Filipino parents To the Filipino parents who were blinded by the close-minded culture of social conformity and religious righteousness, please remove your blindfolds. The world is more than what you see inside the box of ignorance. You are parents, and as parents, you should understand your children; not make them suffer because you think they deviate from the social norms. Accept them for who they are, not make them someone they are not. Let them see the world the way you saw the world, let them experience life, the way you did. In the end, regardless of their sexuality, they are your children. We are your children, and we need you to guide us to be better people, not a better dick or a better vagina. You, of all the people, should be the first ones to recognize our identity, to empower our senses, and to be proud of us. The arguments that were laid are of pure logic and human reason. There are no concrete scientific evidence to prove the arguments, but at least, they are something to ponder upon. How to cite Being Gay, Essay examples
Friday, December 6, 2019
Maragaret Atwood Essay Example For Students
Maragaret Atwood Essay Comparitive commentary on an extract from Oryx and Carkeby Maragaret Atwood and Time Capsule Found on the Dead Planet by Margaret atwood ( from The Guardian, 26 September 2009) Time Capsule Found on the Dead Planet by Magaret Atwwod is a mini science fiction from the Gaurdian, written on 26 Septemer 2009. It talks about the general changes in Human oriented world over a period of time. Oryx and Crake is a novel, also written by Magaret Atwood in 2004. The narrative voice describes how the story is conveyed (for example, by viewing a characters thought processes, by reading a letter written for someone, by a retelling of a characters experiences, etc.). All narratives have in common, however, that they use some form of narrator. In the short story, it is first person narrative as the narrative uses first person pronoun to tell the story and it means that the person has undergone or still undergoing the cicumstances described in the story (but as this is a science fiction, the narrative is not a charcter or part of the story). For example: The narrator always uses we, our , etc. The narrator of the story is telling the story on behalf of all the human as the story is about changes in the world due to human being. The narrator uses personal pronoun so that the reader can easily relate to the story. And also the story mostly focuses on the destruction of natural resources by human being. The first person narrative is as a way to directly convey the deeply internal, otherwise unspoken thoughts of the author. The narrative describes the story in past tense which tells us that everything has already been occurred. We also learn the narrators thoughts, feelings, and reactions to events. For eample:- It created greed and hunger(line 22). In this example, the narrator is expressing his/her feeling about money. The narrator is using the the things of daily use ( for example mony, metal and wood etc.) to bring accross the message. While in the extract from the Oryx and Crake, third person narrative voice is used by Magaret Atwood as the narrative is not any chararctor within the story. And also the in the story, each and every character is referred to by the narrator as he, she, it, or they, but never as I or we (first-person), or you (second-person). For example: when talkng about the state of Snowmans mind the narrator has laways used he. The focal point, Snowmans thoughts are revealed throught the narrator. In the extratct, the naarator is not omniscient but limited, as it does not have access to the minds of all characters (for example:- the narrative does not describe how Crakers are feeling) but only to Snowmans mind. In this the reader is limited to the thoughts of only one character. This gives us idea that Magaret Atwood might have used third person limited narrative in order to make the reader focus only on Snowmans thoughts. In the extract, Snowmans, who is the protagonist, perspective is expressed as the extract talks about how he sees the situation and how he deals with the situations. For example:- He was worried about contagion- could the Crakers get this thing, or was their material too different? (line 19 and 20). In this example, the narrator tells what Snowman was thinking ( or his perpective) about when they saw a wounded man. While in the short story, Modern mans perspective, who knows about the problems created by money and destruction of nature, etc; is expressed as the story is a science fiction and talks about how we as human beings have destroyed the environment. For instance:- It (money) begins to eat. (line 23). This tells that he thinks that money destroyed everything. Magaret Atwood has used this short story to bring accross a message which effects todays man.
Friday, November 29, 2019
Case1 King v.BioChem Therapeutic Inc Essay Essay Example
Case1 : King v.BioChem Therapeutic Inc Essay Essay Fact: Dr King is hired by Bio Chem. She signed a particular contract that specifies a period of probation. During this period. she can be let travel but you have to be known the incorrect behaviour in order to be able to rectify it. If the incorrect behaviour persists so your contract will be terminated. Issue: Is the expiration of the contract of Dr King for mistake justified? Ratio Employer version of facts:1st meeting: after 5 months and a half. during this meeting. the direction squad are stating that they told her that she was being unsubordinated 2nd meeting: after 10 months. the direction squad told her that her behaviour was still being non acceptable and that constitutes a 2nd warning Employee version of facts 1st meeting: prohibition period was over ( 5weeks and a half alternatively of 6months ) and she was offered stock options 2nd meeting: she got more stock optionsThe Judgess have now to make up ones mind which narrative is the more believable. the more logical? Based on the fact that the employer version is contradictory. why would person discourse the possibility of holding extra stock option to an employee that is on the 2nd measure to dismissal? A Dr King version makes more sense. We will write a custom essay sample on Case1 : King v.BioChem Therapeutic Inc Essay specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Case1 : King v.BioChem Therapeutic Inc Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Case1 : King v.BioChem Therapeutic Inc Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Issue: Can you relinquish your rights refering employment by subscribing a contract? Ratio: Harmonizing to article 2192: ââ¬Å"the employee may non abdicate his right to obtain compensation for any hurt he suffers where deficient notice of expiration is given or where the mode of resiliation is abusiveâ⬠. In the instance where an employee renounces one of his rights. it should be really precised and clear. Question: If it was explained more clearly. and was bought to the attending to the employee. could it hold been considered as valid. Because the Judgess are non stating that it is impossible to relinquish employment rights relative to conditions of expiration of contracts but instead that it should be clear and unambiguous. Harmonizing to article 2091. the employee is entitled to sensible notice. Harmonizing to Judgess the minimal notice is merely for really early going. Case 3: Hasanie v. Kaufel Group Ltd. FactThomas A ; Bett Kaufel GroupAfter the acquisition. Hasanie realized that the reorganisation of the group will disregard him. that there were excessively much people making the same occupation. The Kaufel group so offered a bundle for Hasanie since his employment will be terminated shortly. There were still in period of dialogue when Hasanie went into holydays. During this period. Kaufel direction discovered that Hasani was negociating to take over a competition concern. The direction squad hence decided to take the trade out of the tabular array and to fire Hasanie for mistake. Issue: Was this dismissed of Hasanie for serious mistake was just? Ratio: Harmonizing to article 2188. ââ¬Å"the employee is bound non merely to transport on his work with prudence and diligence but besides to move dependably and candidly and non to utilize any confidential information he may obtain in transporting on or in the class of his workâ⬠Kaufelââ¬â¢s chief statement is that Hasanie put himself in a place of struggle of involvement and sought to progress his involvements to the hurt of those of his employer. therefore transgressing his responsibility of trueness towards his employer. Hasanie is reasoning that Dynergie is non a rival of Kaufel. He is besides reasoning that he asked his direct superior if he could take this chance. and he agreed. However. the direct supervisor is denying. There is non composing grounds of this mandate. The last statement of Hasanie is that he was a victim of constructive dismissal. Basically a constructive dismissal happens when an employer alterations your working environment. ask foring you to go forth. However. Kaufel argues that they offered chances for growing within the group and that Hasanie was merely waiting for his bundle. Finally they are reasoning that they needed more clip to reorganise the group and assign duties. The Judgess conclude that Hasanie did non set up his instance of holding been dismissed without cause. or holding been constructively dismissed. Case 4: CopyFax v. Lambert The different injunctions Institution of Continuing Final Judgement Provisional InjunctionInterlocutory Injunction Permanent Injunction The probationary injunction is givenbased on exigency criterias. It is used to keep the position quo. The probationary injunction is valid for 10 yearss. Within these 10 yearss. the person has to establish the proceedings and asks for interlocutory injunction. The interlocutory injunction would be valid for the full period of the test. In order to acquire the interlocutory injunction. the justice would foremost look if you have: A clear right Doubtful right: in this instance. you will hold to turn out balance of incommodiousness. They would fundamentally see which of the parties will stop up with the most incommodiousness. with the irreparable injury. Non-existent right: you will non acquire the interlocutory injunction Facts: Claude Lambert. worked for copyfax as a gross revenues representative. However. he was besides working for himself on the side. his employer did non let that hence Lambert decided to vacate. The contract included a non-competitive clause: Lambert was non allowed to work within 25 stat mis of Laval and Montreal for a twelvemonth for the rivals of Copyfax. However. Lambert starts viing in the zone. Copyfax is reasoning that he is utilizing the Copyfax clients. hence besides transgressing the confidentiality clause. They besides included a penal clause of $ 6000 for transgressing the contract. Issue: Should Copyfax be entitled an interlocutory injunction against the former employee Lambert that would restrict him to do concern in the part? Copyax has a dubious right in the instance of the non-competition clause. The Judgess found out that the non-competiting clause was missing of lucidity. The forbidden country is of 25 stat mis of Mtl and Lassale. What is the cardinal point from which the country is calculated. Decision: The employer did non set up that he will endure irreparable injury or hurt if the interlocutory injunction is refuse. and the application of the trial of incommodiousness favours the employee: There is no grounds that the Copyfax ( Petitioner ) patronage was solicited The forbidden country of 25 stat mis would hold the consequence of striping the employee of any realistic possibility of gaining a support given his present fortunes The stipulated continuance of 14 months is inordinate Injunction against his ability to work is denied. The non-competition clause denied 2nd Issue: Should Copyfax be entitled an interlocutory injunction against the usage of the client list They get an interlocutory injunction refering the usage of stuff and confidential information more exactly the clients being owned by the company. Case 5: Medicom Inc. v. Bergeron Medicom has bought a request for an interlocutory. probationary and lasting injunction against Bergeron and Hubert refering the application of the non-competition clauses signed by each of them. Issue: are the non-competition clauses valid? Ratio: For the first non-competitive clause asks a limitation of work worldwide during two old ages with any company that has a similar commercial activity. For the 2nd clause. the limitation is for a period of 3 old ages. for all Canada. for any house with similar commercial activity. Medicom has a non-existent right for the two contracts. There were non able to turn out that there has a legitimate involvement to support refering the non-competition clause. Case 6: Giroux v. Malik Facts: Malik owns a piece of land. you can non construct on it. and he wants to sell it. Giroux decides to purchase the piece of land from Malik. He goes to City Hal to acquire a constructive license but they tell him that nil can be built on this land. Issue: Giroux is inquiring for the cancellation of the sale and some amendss. Ratio: Malik misrepresented the facts. Harmonizing to article 1400. ââ¬Å"error vitiates consent of the parties or of one of them where it relates to the nature of the contract. the object of the prestations or anything that was indispensable in finding that consentâ⬠. Malik is reasoning that he did non state anything. that he did non uncover Tell Giroux the fact that you could non construct on the land. but neither lied to him. However. harmonizing to article 1402. fraud can happen through silence. Malik is besides reasoning that his agent. the existent estate agent was cognizant of this fact and hid By beliing the fact. the consent of Giroux refering the sale is vitiated. Harmonizing to article 1419. the contract is considered comparatively void. Giroux can acquire the annulation of the contrat. taking to the parties traveling back to pre-contractual province and he besides get amendss. Case 7: Peter v. Fiasche Facts:Peter ( Mrs Guicciardo ) and her hubby are looking for a safe investing that will guarantee a steady flow of gross for the household as the hubby is retiring shortly. They both know Fiasche that held a smoke-cured meat concern. The two households come from the same part in Italy. The twosome Guiccado is really involvement in purchasing Fiasche as it seems really profitable based on the patrimony acquired by Fiasche over the old ages. Looking at the fiscal statements. it seems a spot dissatisfactory nevertheless Fiashe is stating Guiccado non to worry that he has a particular method to do this concern profitable. He will demo him the fast one but he needs 100 1000 of dollars as a sedimentation to be certain that the twosome is a serious purchaser. In order to acquire the amount of money. Mr Guiccado is seting a mortgage on his house. Fiasche explained him how to distort the fiscal statements in order to minimise the income revenue enhancement to be paid. The twosome begins working in the eating house in order to better understand the concern. However. as the hebdomads base on balls. they realized that Fiasche over evaluated the concern value. Issue: The twosome Guicciardo is reasoning that Fiasche misinterpreted the value of the concern. corrupting their consent. They are inquiring for the revocation of the contract and the damages to position quo. Ratio: Refering the deceit of Fiasche. the Judgess argue that that is non a fraud of deceit but an inexcusable mistake. It was witting unlawful pick from Guicciardo. they could non avoid being cognizant that revenue enhancement equivocation was the root of the eating house supposed profitableness. Inexcusable misunderstanding does non corrupt the consent of the party. In add-on the tribunal is reasoning that the cause of the contract was illicit and against public order as Fiasche desired to enrich himself by selling a deceitful system and the Guicciardos by go oning it. Harmonizing to article 1411. ââ¬Å"a contract whose cause is prohibited by jurisprudence or contrary to public order is nullâ⬠And harmonizing to article 1422. `â⬠a contract that is void is deemed neer to hold existed. In such a instance. each party is bound to reconstruct to the other the prestations he has received. ââ¬Å" However the important inquiry is whether parties to an illicit should hold the benefit of damages. In this instance. the Judgess ordered for the damages of the 130 thousand dollars to the Guicciardos and the damages of the eating house to Fiasche. Case 8: Intersection Langelier versus Cineplex FactsCarrefour and Cineplex signed a rental. After the rental was signed and before Cineplex even occupied the premises. it approached Carrefour together with representatives of Guzzo to inquire its permission to delegate the rental to Guzzo but it was specified in the contract that Guzzo was suppose to run under Cineplex streamer and follow its criterias for operating theaters. However after a piece. Guzzo decided to run under its ain name. Issue: Carrefour wants to implement the duty contracted by Guzzo in the initial contract to run under Cineplex name. They apply to the tribunal for specific public presentation order Ratio The first statement used by Guzzo is that his consent was given through hurt or fright. If this statement was accepted by the Judgess so the consent of Guzzo was vitiated. taking to the revocation of the contract and hence the cancellation of the duty. However this statement is rejected. the Judgess argue that this fright is portion of the concern environment particularly within a competitory environment. The 2nd statement is that Guzzo signed under false pretensions. intending it was beliing. Again if the statement was accepted by the tribunal. the consent would be vitiated and the duty cancelled. The tribunal rejects this statement. In any instance. guzzo has experiences in the industry and hence the deceit should hold big plenty to call off the contract. The last statement brought up by Guzzo is that this is non a state of affairs that allow for specific public presentation order. There are four different instances where specific public presentation can non be obtained: When the duty has got impossible to execute ( this occurs when the individual responsible for making the duty had an accident and is unable to carry through his duty ) Time has elapsed ( for case. if you are orgnaizing a concert at 7pm on the 3rd of April. after 7pm if the vocalist did non demo up you can necessitate a specific public presentation ) When the belongings vanished When the belongings has left the patrimonyIn all those instances. you can non order specific public presentation. nevertheless you will acquire amendss. Let s see if Cineplex corresponds to any of these four instances: For Guzzo. it is possible to run under Cineplex name as they did during a while The rental is successfully being performed. clip has non elapsed The belongings is still working The landlord still owns the belongingsTherefore in the instance of Guzzo. telling a specific public presentation is allowed. The concluding statement of Guzzo is that Carrefour did non confront any amendss and hence they should non be able to order specific public presentation. The Judgess argue that to implement specific public presentation order. you donââ¬â¢t need to hold faced any amendss. You merely need three conditions for: Valid contracted dutyPerson non carry throughing their dutyYou need non to be in a instance where specific public presentation is non allowed Decision: the tribunal ordered a lasting injunction order enjoining Guzzo to move under Cineplex name. Case 9: Copiscope Inc. and TRM Copy Facts:TRM puts photocopy in other concern in return for some royalties. They signed contract of adhesion with those concerns. that include a non-compete clause. This clause is stating that the parties subscribing those contracts can non contract with rivals for a period of 1 old ages in order to protect the trade secrets shared with those clients. Recently. Copiscope has been beging concern operators who had antecedently contracted with TRM to end their contract and has begun to put photocopies in those concerns. Issue: TRM is inquiring for interlocutory injunction for the regard of its non-compete clause. Ratio The test justice concluded that TRM had a dubious right. The justice in entreaty is looking at the non-competitive compact to judge whether TRM has a clear. dubious or non existing right. To make that they are looking at the cogency of the noncompetition compact: The justice is reasoning that TRM has no legitimate involvement to support as they do non portion any trade secret with the concern they are undertaking with. They are reasoning that the limitations set out in the compact are extortionate and are grossly inordinate for the sensible protection of TRM. The Judgess are reasoning that this clause if abusing. Harmonizing to article 1437. ââ¬Å"an opprobrious clause in a consumer or contract of adhesion is nullâ⬠As it is a nonexistent right. they donââ¬â¢t acquire an injunction Case 10: Harris v. Ostromogilski Facts:Harris is renting a cab from O. . and every hebdomad. he comes to his topographic point to pay for the rental. One dark. there was a difference. Harris got injured. Issue: each party version differs greatly. the Judgess have to measure the credibleness of each version of Acts of the Apostless and determine who was responsible. O. argues that Harris felt while seeking to run out the house. and hurt himself. Harris version is that O. beat him with his fists. Harris hurts are uncontested facts. Sing all Harris hurts from the laceration of the left oculus. to the laceration behind the right ear. to a haematoma on the right cheek and a fractured rib. the version of Harris is more believable. The tribunal concludes that Harris version is more believable. Therefore O. will hold to pay compensatory amendss that include bodily. moral and material amendss. The amendss include the cost of the shirt torned during the affray. the loss of income during two hebdomads. the hurting and the agony and the broken spectacless. Refering punitory amendss. they will non be award because O. has already been condemned for this mistake in condemnable tribunal. You canââ¬â¢t have a dual hazard. be condemned twice for the same discourtesy. Case 11: Walker vs Singer Facts:Walker and Singer were holding a love matter. While Walker was outside the metropolis. Singer destroyed Walker apparels. Police investigated the missing apparels and charged her for mischievousness. intending an offense against belongings. She goes to condemnable tribunal. she pleaded guilty and she got absolute discharge. Then Singer attacked Walked in condemnable tribunal for sexual assault. Walker went to tribunal and won his instance. Now Walker decided to attacker Singer into civil tribunal for false accusals. Issue: Walker is seeking compensations. RatioHe is reasoning that these false accusals had a direct consequence of his impossibleness to be in a relationship. He besides caused him emphasis and anxiousness and damaged his repute. Walker is besides inquiring for punitory amendss. Singer was neer sentenced in condemnable tribunal therefore she can be awarded punitory amendss. She will be responsible for compensatory moral A ; material amendss ( compensatory amendss ) and punitory amendss. Case 11: Farmakis and Canadian Tire FactsHe bought a measure ladder at Canadian Sur. He shipped it from Canada to Greece to restitute his house. He felt from the ladder and broke his heel. Issue: Farmakis is reasoning that Canadian Tyre is apt for his accident and is inquiring for amendss. Ratio: The married woman sent back the ladder from Greece to Canada. The attorney got the ladder inspected from an expert in metal. In the adept study. he argues that the measure ladder had a pre-purchase default. However. the two travels of the ladder leave ample chance for harm to the ladder caused by beginnings other than the suspect. The 2nd statement used by Farmakis is that the maker did non state the victim that he should non mount if he was more than 200 lbs. However. this information was indicated on the spines that were on the ladder. The spine is losing but there are groundss that the four spines were present on the ladder antecedently. Decision: Farmakis action is dismissed. Case 12: Walford v. Jacuzzi Canada.Fact:The household had a four-foot deep pool and a slide. The Dendranthema grandifloruom told the teenage miss non to skid the caput foremost. However. the adolescent miss did non listen. She broke her cervix and stop up in quadriplegia. Issue: The household is actioning Jacuzzi for failure to warn of danger. Pioneer employees were non asked whether or non a four pes pool and a 10 pes slide could be used together However the tribunal found carelessness on the portion of Jacuzzi for neglecting to give equal warnings to users of the slide of the utmost dangers of serious hurt from improper usage. The Judgess are first measuring who is the direct and immediate cause of the accident. The Judgess concluded that non listening to her Dendranthema grandifloruom was the direct and immediate mistake that caused the accident. The instance went in entreaty. The tribunal decided to divide the mistake between the Dendranthema grandifloruom and the pool company for conducive carelessness: their deficiency of warnings. 75 % of amendss are claimed against the pool company and 25 % against the Dendranthema grandifloruom. Case 13: Morse A ; Cott drink FactThe miss tried to writhe the cap of a bottle of Cott drink. She could non. therefore she took a nutcracker. The cap blew in her oculus and caused serious amendss to her oculus. Issue: Is Cott drink liable for the hurt and the ensuing hurting? Ratio: The maker of the cap procedure gave a manual to Cott drink refering the cresting procedure: the Alcoa system. It is clearly stated that the remotion torsion should be between 5 and 14 inch lbs. However. the twenty-four hours of the hurt. the records from the fabricating procedure of Cott shows that for 16 out of 24 bottles testicles was above the recommended interval. The record farther indicated that no accommodation was taken to guarantee the production was within the specified tolerances. Within the manual. it is besides indicated that: â⬠bottles may non be openable by manus. This may ensue in hurt if the closing is improperly removed utilizing a tool or some other devices. ââ¬Å" The justice concludes that Cott has breached the statutory guarantees of acceptable quality and fittingness. She besides concludes that Cott committed a gross carelessness. Therefore harmonizing to article 1469. the maker is responsible for bodily. moral and material amendss ( compensatory amendss ) : Loss of income PrescriptionGeneral amendssIn add-on. the Judgess award the maker punitory amendss or model amendss because they released inherently unsafe merchandises and thereforeendangering the safety of the populace. They had to pay to dual sum of general amendss or compensatory amendss ( 18000 ) in model amendss ( 36000 ) .
Monday, November 25, 2019
Anne Bradstreets To My Dear and Loving Husband Essays
Anne Bradstreets To My Dear and Loving Husband Essays Anne Bradstreets To My Dear and Loving Husband Paper Anne Bradstreets To My Dear and Loving Husband Paper This technique not 0 only elevates the earthly love she has for her husband to that of a divine calling, but also expire sees a deeper understanding of our duties on Earth as Christians and gives a fuller understand ending of what God is calling us to do. Anne Breadbaskets poem wastes no time in making connections between hum an love and communion with God by alluding to scripture in the first line. She writes, If e overwrote were one, then surely we. The Gospel of Mark, which all puritans would be familiar wit h calls man to leave his parents and become one with his wife saying, So they are no longer two, but one less (NIB). Amongst the Puritan community, marriage was a sacred union a ND husbands and wives were expected to follow biblical teachings concerning the love bet a man and a Damasks 2 woman. This spousal love was meant to point beyond itself to the glory d and serve to be a living example of Gods love for the church and its members. With this if e, Broadsheet sets the stage to express this poems consistent theme depicting the speaker p love for her husband as something ordained by God, serving to emulate Gods deep or his children. Later in this poem, Broadsheet writes, My love is such that rivers cannot h. Again Broadsheet is on the surface, expressing her love and desire for her hush while referencing Salmons Song of Songs verse 8: 7, Many waters cannot quench love; RI Anton sweep it away (NIB). Salmons Song of Songs is biblical poetry describing Christ e and marriage to the its bride, the Church. However, it is more than just this. This scrip s a blueprint for how a man and wife should love each other. Hence Salmons Song of S shares the same theme of that of Anne Breadbaskets To My Dear and Loving Husband, in that its discussing the parallelisms between spousal love and spiritual love. An example of boot parallel and a blueprint for marriage are noted in the line of Breadbaskets poem that ere Thy love is such I can no way repay. Broadsheet mirrors the line in Salmons song Of son. ICC reads, If one were to give all the wealth of ones house for love, it would be utterly SC (NIB song of Songs 8:8). The speaking voice clearly wants her Puritan audience to ma injections between the love of a wife for a husband and the love that Christ has for his child Anne Broadsheet, a devout puritan, writes as an ardent appeal both for romantic love, as well as a plea for an everlasting spirit both with her Cubans as well as with God.
Thursday, November 21, 2019
Muslim Australians in Islamic Banking Research Paper
Muslim Australians in Islamic Banking - Research Paper Example In the next section, the author describes his survey. He explains the procedure he undertook that started from the selection of 300 Muslim Australians that included only those who (a) came from a Muslim background, and were practicing Muslims, (b) currently owned a bank account in Australia, (c) were interested in Islamic banking products, and (d) gainfully employed. He then distributed to them a questionnaire consisting of yes and no questions. Based on the answers, he modeled the probability of observing a 1 i.e. a 'yes' answer, as a function of F. In the subsequent sections, following regression analysis on the data, he tabulated the results obtained into different formations making it very easily interpretable by anybody reading the paper. To further clarify the tabulated data, he extensively analyses the results pointing out important findings from the research and drawing conclusions from it. The last two sections of the research namely, Implications and Conclusions respectively, summarize the results of the paper and include the different view points and misunderstandings of the Muslim Australians with regards to the concept of profit-and-loss sharing Islamic banking products. This is an excellent ... ning the author's attempt to determine the willingness of the Australian Muslims to purchase profit-and-loss sharing Islamic banking products instead of opting for earnings from interest which, according to Islamic laws, is forbidden. The sample size in the research should have been bigger as the selected sample of 300 Australian Muslims that only makes up about 0.11% of the population, (considering a population of more than 281,000 Australian Muslims at the time of survey) would not rightly justify any sweeping statement given from the obtained results. However, the author's critical analysis through out the paper, backed by mathematical procedures, is inspiring and convincing enough for the reader to believe in what the paper concludes. The introduction section gives a brief overview of why the research was conducted and what the paper is about. The author introduces the concept of interest-free banking providing a brief history of its evolvement. He explains in it, the necessity of having banks providing interest free profit-and-loss sharing products to cater the growing population of Muslims in Australia as it would be beneficial not only for the Australian Muslims but also for the banks that should the growing needs for customized services for people. In the next section, the author introduces some terminologies associated with Islamic banking. The terms have been clearly and precisely explained for the reader. This section enlightens the reader about different forms of Islamic banking. Following in this well structured paper is the Methodology section which explicitly explains to the reader the research method adopted. The author superfluously states the focus of the research. A sample of 300 Muslims was chosen and given a questionnaire to be filled. The
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