Cheating in High School

Cheating in School Cheating is an issue nowadays that has affected many students at one time or another throughout their education. It’s a serious issue that can be dealt with in a lot of different ways. Some examples of cheating are copying homework, looking at someone else’s test, plagiarizing, and a new way to cheat based on recent technology, which allows another student to now buy or steal papers from the Internet, and passing them off as their own. Being lazy and freaking out if you’re not passing is not a good reason to cheat.Nothing good will ever come from cheating, no matter how good you are at it. In high school, there are serious consequences for cheating. Students who get caught cheating by a teacher will have their paper taken up and get an automatic zero, or they will rip up the paper, and the teacher will contact the student’s parents and tell them what happened. If the student perhaps was taking their final, and was caught cheating, he or she basically will fail the class and will have to take the class all over again.Another cause of students cheating is that some people out there are just lazy and want a quick A in the class and to make sure they pass. If students actually cared about their education, they wouldn’t be cheating, and they would want to do their own work on their own. Most students who cheat in high school just want to graduate, and finish up with their high school years. The last reason why students cheat is that people are freaking out if they are failing a class. Failing a class and doing bad in the class makes students cheat.If students are failing, they will end up cheating on the upcoming test by using someone who is smart in the class, so they can boost their grade up, so they will be able to pass the class. If students are failing the class, they should be going in after school, before school, or during their lunch time on getting help from the teacher to understand the subject more in order to pass the class. The effect of getting caught cheating is there’s a lot of consequences that will happen to you, and having to take the class all over again, and the ffect of how people are lazy and just want a quick A is that students are going to become less responsible for their work, and if students are getting these good grades by cheating, and end up graduating high school, but they don’t know what they want to do with their future, or they do we just let them come in, and do the job they want, but at the same time they could of learned how to do that subject in high school, and if they would of done their own work they would know how to do it.Freaking out if the student isn’t passing the class they should be going in for tutorials, and studying hard instead of thinking to themselves that they don’t need to study, or anything while they need to. Over all, the consequences of cheating will hurt you in your life, and no one should be proud of cheating. Nothing good will ever come from cheating. While some people say cheating isn’t wrong unless they get caught they are wrong and that cheating is stealing, and stealing is wrong no matter.

How to Build a Professional Portfolio Essay

Professional Portfolio -Copies of all certificates and degrees -Copies of your resumes -Course Completion transcripts or certificates -Evidence of a Clinical Practicum -Awards and Recognition Developing your professional portfolio isn’t an easy task, but once its complete you can update it periodically and relatively easily. The portfolio will allow you to be organized when you start to complete applications. You can develop an online portfolio but you should probably start it using a 3 ring binder in effort to keep all of your copies. What Substance Abuse and Behavioral Disorder Counselors Do Substance abuse and behavioral disorder counselors advise people who suffer from alcoholism, drug addiction, eating disorders, or other behavioral problems. They provide treatment and support to help the client recover from addiction or modify problem behaviors. Work Environment Substance abuse and behavioral disorder counselors work in a wide variety of settings, such as mental health centers, community health centers, prisons, and private practice. Most work full time. How to Become a Substance Abuse or Behavioral Disorder Counselor Educational requirements range from a high school diploma to a master’s degree, depending on the setting, type of work, state regulations, and level of responsibility. Pay The median annual wage for substance abuse and behavioral disorder counselors was $38,520 in May 2012. Job Outlook Employment of substance abuse and behavioral disorder counselors is projected  to grow 31 percent from 2012 to 2022, much faster than the average for all occupations. Growth is expected as addiction and mental health counseling services are increasingly covered by insurance policies. Similar Occupations Compare the job duties, education, job growth, and pay of substance abuse and behavioral disorder counselors with similar occupations. More Information, Including Links to O*NET Learn more about substance abuse and behavioral disorder counselors by visiting additional resources, including O*NET, a source on key characteristics of workers and occupations.

Notes of Commercial Law

Contracts (C3, pg 58) |Nature of contract |- Legal relationship consisting of the right and promises constituting an agreement between the parties that give each party a legal | | |duty to the other and also the right to seek for breach of those duties | | |- Consensus ad idem (meeting of minds); what the parties agree on must be clear and unambiguous and parties must be ad idem. | |Wellmix Organics (International) Pte Ltd v Lau Yu Man (2006) , | | |T2 Networks Pte Ltd v Nasioncom Sdn Bhd (2008) | |Types of Contracts | Oral contracts | | |Written contract provides evidence of the parties’ contractual obligations. | |Forefront Medical Technology (Pte) Ltd v Modern-Pak Pte Ltd (2006) | | |Parol evidence rule = oral evidence not admissible to add to, vary, amend or contradict written contract s 93-94 Evidence Act (refer | | |to Terms) | | |Engelin Teh Practice LLC v Wee Soon Kim Anthony (2004) | . Offer (C3, pg 63) |As the expression to another of a willingness to be bound by stated terms. | |Invitation to treat (pg 64) | |An invitation to others to enter into a negotiation which may eventually lead to the making of an offer. | |An ad is view as invitations to treat. | |Auction without reservations (refer to Barry v Davis (2000) pg 5) |(Offer = Bids made by audience, Acceptance = Auctioneer indicates bids accepted) | |Display of Goods | |Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1952) the court held that the display of goods with prices constitutes an | |invitation to treat. The offer is only made when a customer selects the item he wants and brings it to the cashier to pay for it. |Reaffirmed by Singapore High Court in Chwee Kin Keong & Others v Digilandmall com Pte Ltd (2004) | |Advertisements An ad is view as invitations to treat. | |Partridge v Crittenden (1968) | |Provision of Information | |Harvey v Facey (1893) – The court held that there was no contract because provision of information was not an offer .Stevenson, Jacques & Co v McLean | |(1880) – Seeking for more information is neither a rejection nor acceptance, it was merely an enquiry. | |*compare between offer and invitation to treat, must prove why choose one over the other | |Specific Offeree |An offer is an expression made by one party to another party. For an offer to be effective, the offer must be communicated to the | | |offeree. | Unilateral Contracts |A contract brought into existence by the act of one party in response to a conditional promise by another. Harvela Investments Ltd v | |(involving only one |Royal Trust Co of Canada (Cl) Ltd & Ors (1984)No exchange of promise, only 1 promise (made by offeror). | |side) |Offeree makes no promise, only performs conditions attached to offeror’s promise. Carlill v Carbolic Smoke Ball Co. (1892) – Where | |(pg 63) |advertisement contains a promise in return for an act, an offer is intended. (No general rule that an ad cannot be an offer. | |Bi-lateral Co ntracts |An agreement where one party makes a promise to the other party. | |(involving on 2 side |There are duties, rights and considerations on both parties. In other words, performance of the conditions is an acceptance of the | |or both) |offer and this acceptance should be notified. | Termination of Offer (Pg 75) (5 ways) |Withdrawal |Law: Offer can be withdrawn or revoked by the offeror at any time before it is accepted. (When an offer is withdrawn, the offer is said | | |to be revoked). Overseas Union Insurance Ltd v Turegum Insurance Co (2001) | | |Law: Withdrawal must be communicated to offeree (Revocation is only effective when the offeree receives notice of the revocation) Byrne | | |v Van Tienhoven (1880) – It was held that the revocation was not effective until it was received by the plaintiff. Since the offer was | | |accepted prior to the revocation, there was a valid contract. | |Law: Revocation of offer can be communicated by a third party (as long as offeree obtains knowledge of the revocation) (must be a | | |reliable and trustworthy source) Dickinson v Dodds (1876) Law: Fresh Offer (Revocation can also occer if the offer is replaced by a | | |fresh offer) Ban Paribas v Citibank NA (1989) | | |Law: Offer is opened for a fixed period Routledge v Grant (1828) –Rationale is that an offeree cannot enforce an offeror’s promise to | | |keep his offer open unless there is separate contract supported by consideration to do so, such contracts are called options – Tay Joo | | |Sing v Ku Yu Sang – essentially a promise, supported by consideration, to keep an offer open for a specific period of time within which | | |to decide whether or not to enter into the purchase of agreement. | | |Law: Unilateral Contracts Abbot v Lance (1860), it was held that the offeror cannot withdraw his offer once the offeree has started to | | |act. – Dickson Trading(s) Pte Ltd v Transmarco Ltd (1989), obiter dictum, the offeror in a unilateral contract has an obligation not to | | |revoke the offer after the offeree has involved in the performance of the conditions. |Lapse of time |Acceptance after specific period which offeror states that his offer is open = Ineffective | | |If the offer is opened for a specified period, a purported acceptance after that period would not be effective since the offer had | | |lapsed. the court may imply that the offeror has specified the period of offer even if he has not done so expressly. Wee Ah Lian v Teo | | |Siak Weng (1992) | | |- however, if it is clear from the offeror’s conduct and other evidence that the terms of the supposedly lapsed offer continue to govern| | |their relationship after the specified period, then it is still valid and acceptable after the deadline. Panwell Pte Ltd & Anor v | | |Indian Bank (No2) (2002) | | |When no specified period of time is expressed, an offer would lapse after a reasonable amount of time, (depending on the facts of the | | |case). Ramsgate Victoria Hotel Co v Montefiore (1866) – the court held that Montefiore could refuse to take up the shares because his | | |offer had lapsed after a reasonable time. | |Failure of |Offer automatically terminated if condition not met | |Condition |An offer may terminate on the occurrence of a specified event if the offer is subjected to the condition that it will do. e. g. erminate| | |if goods are damaged before acceptance, subject to the approval of my lawyer Financings Ltd v Stimson (1962) | |Death |Dickinson v Dodds( if the man who makes an offer dies, the offer cannot be accepted after he is dead. Reynolds v Atherton (1921)( | | |Offeree dies before acceptance, this offer cease to be capable of acceptance. Bradbury v Morgan (1862)( the court held that the death of| | |an offeror did not terminate the offer unless the offeree had notice of the offeror’s death. | 2. Acceptance (C3, pg 67) |Indication by the offeree of his consent to the offer and his intention to form a contract based on the exact terms of the offer | |- Whatever its form, a communication constitutes acceptance only if it is an unconditional expression of assent to the terms of offer.Compaq Computer Asia| |Pte Ltd v Computer Interface(s) Pte Ltd (2004) | |- Conditional Acceptance is treated as no acceptance. Struttgart Auto Pte Ltd v Ng Shwu Yong (2005); | |- Accepts seller’s offer subject to a written contract drafted – Thmoas Plaza (Pte) Ltd v Liquidators of Yaohan Departmental Store Singapore Pte Ltd (in | |liquidation) (2001); | |- Agreenment shall not be final and binding agreement – Cendekia Candranegara Tjiang v Yin Kum Choy & Others (2002) | |Brogden v Metropolitan Railway Co. 1877) The Court held that the facts and actual conduct of the parties, established the existence of a contract, and | |there having a clear breach of it, Brogden must be held liable upon it. | |Law: Acceptance of unilateral contract is when all the terms o f the contract are fully performed Carlill v Carbolic Smoke Ball Co. (1892) | |Counter |Offeree introduces a new term or varies the terms of an offer (original offeror is free to accept or reject the â€Å"counter offer†) Hyde v Wrench | |Offer |(1840) – The court held that there was no contract because Hyde’s reply was a counter offer which extinguished the earlier offer.When the | | |response is an inquiry or a request of information, it should not be construed as an offer | |Knowledge|Law: Offeree cannot accept in ignorance of the law | |of Offer |offeree must be aware of the offer – Fitch v Snedaker (1868) and R v Clarke (1927) – As long as offeree has knowledge of offer, motive is | | |irrelevant. Once the offeree is aware of the offer, it does not matter that he was prompted to act for reasons other than the desire to accept | | |the offer.William v Carwardine (1833) – the court held that the plaintiff was entitled to a reward, she ha d done so with knowledge of the reward| | |even though her motive for giving the information was her own remorse. | | |Cross-offer: Do not constitute to agreement/contract; lack of consensus / meeting of minds between parties at the time of making offer. – Tinn v | | |Hoffman & Co (1873) | |Communica|General Rule: Acceptance must be communicated (Acceptance must actually be received by the offeror) | |tion of |Acceptance effective when communicated/received by offeror. | |Acceptanc|If in writing, it must be physically received by the offeror, and if orally, heard by the offeror. Acceptance must be unconditional and absolute. |e |obiter dictum in Entores Ltd v Miles Far East Corporation (1955) and CS Bored Pile System Pte Ltd v Evan Lam &Co Pte Ltd (2006) | | |Powell v Lee (1908) Held that there was no authorized communication of intention to contract on part of the body hence no contract. | |Silence |Silence is only a form of acceptance if both parties agree to it. Silence o f the offeree would not constitute a valid acceptance | | |Felthouse v Bindley (1862)–held that there was no contract between the two parties. The plaintiff had no right to impose a condition that a sale | | |contract would come into existence if the defendant remained silent. | |Exemption case: Both parties agree that the offeree would have a positive obligation to communication only if he wished to reject the offer. | | |Albeit rare in practice, silence is properly be construed as acceptance – Southern Ocean Shipbuilding Co Pte Ltd v Deutsche Bank AG (1993) and | | |Midlink Development Pte Ltd v The Stansfield Group Pte Ltd (2004) – defendant’s conduct of paying the reduced rent showed that a contact exists. | |Instantan|Time of acceptance is the time at which the acceptance is communicated to the offeror | |eous |Ithe acceptance will take effect when and where it is received, acceptance must be absolute and unconditional Entores v Miles Far East Corp | Communica|(1955) | |tions |- if got designated info system; receipt when e-record entered the designated info system. Emails, Fax, Telex | | |- if got designated info system but sent elsewhere then is receipt upon retrieval. | | |- if no designated info system; receipt upon entering any info system of addressee. | |Exception|The Postal Rule (ONLY FOR LETTERS OF ACCEPTANCE! ) | |s |- Quenerduaine v Cole (1883) – telegram means speedy reply; not attracted by postal rule.Offeror will claim that it is only valid acceptance | | |when physically received. | | |- Agreement cannot be withdrawn once the post is sent out. Henthorn v Fraser (1892) | | |- Acceptance deemed effective as soon as the letter is posted regardless as to when it reaches the offeror or whether it reaches him at all. | | |Adams v Lindsell (1818) | | |- the court held that the acceptance was communicated and the contract was formed as soon as the plaintiff posted the acceptance letter. Lee | | |Seng Heng v Guard ian Assurance CO Ltd (1932) | | |Waiver of Communication: facts show that the offeror has waived the need for communiation of acceptance; when offer made to whole world | | |(unilateral contract; anyone can accept) – Calill v Carbolic Smoke Ball. | | |( the doing of the act by the offeree may itself be constructed as acceptance, without requiring formal communication to the offeror. | | |Termination of acceptance: Once posted, an acceptance cannot be revoked. – Wenkheim v Arndt (1873) | 3. Consideration (C4, Pg 85) Two Main Rules on Consideration Must move from promisee but need not move to promisor.Tweedle v Atkinson (1861) Need not be adequate but must be sufficient. Chappell & Co Ltd v Nestle Co Ltd (1960) |Is what each party gives to the other as the agreed price for the other’s promise | |Detriment to one OR Benefit to another | |But it need not move to the promisor Malayan Banking Bhd v Lauw Wisanggeni – A third party who is a stranger to the contra ct may benefit from the contract | |although he may not enforce it. | |Need not be adequate but must be sufficient – Law will not interfere with parties contract so long as consideration is of â€Å"some value† in the eyes of the | |law. |In order for a promise to be enforceable in court, consideration must first be given (exchange of promises would be sufficient consideration)– Dunlop v | |Selfridge (1915) | |Past Consideration is |Refers to an act performed prior to and to that extent independent of, the promises being exchanged (act performed without the | |not valid |reciprocal promise in mind). | | |Past consideration is no consideration The court held that the promise was made after the transaction had already been concluded | | |and therefore past consideration.Roscorla v Thomas (1842) and Teo Song Kwang (alias Richard) v Gnau Lye Chan and Another (2006) | | |To become executed consideration: – Pao On v Lau Yiu Long (1980) and Sim Tony v Ah Ghee (t /a Phil Real Estate &Building Services) | | |(1995) | | |Act done at promisor’s request If the promisor has previously asked the other party to provide goods or services, then a promise | | |made after they are provided will be treated as binding. | | |Contract must otherwise be enforceable Done in biz context and it is clearly understood by both sides that it will be paid for then| | |valid.Re Caseys’s Patent v Casey (1892) held the request to Casey to manage the patent carried an implied promise to pay for that | | |service, hence it was enforceable. | |Consideration must move|The only person who can sue for breach of contract must be the party who has given consideration (promise) – Tweedle v Atkinson | |from the promisee |(1861) – the court held that Tweedle could not enforce the contract between the two fathers because firstly he is not a party of | | |the contract, and secondly, no consideration flowed from him. | | |Consideration need not move to the promisor; 3rd party can may benefit although may not enforce it. Malayan Banking Bhd v Lauw | | |Wisanggeni | |Sufficient, |- Law will not inquire to the fairness of consideration, as long as the parties agree to it willingly – Lam Hong Leong Aluminium | |Need not be Adequate; |Pte Ltd v Lian Teck Huat Consruction Pte Ltd and Another (2003) | |Adequacy of |- Law does not measure value (once the subject of exchange is recognized in law as suitable consideration, quantity is irrelevant) | |Consideration |- Swiss Singapore Overseas Enterprise Pte Ltd v Navalmar UK Ltd (No2) (2003) and Chappell & Co Ltd v Nestle Co Ltd (1960) –the | | |consideration included the wrappers even though they were of no value to Nestle. | | |Thomas v Thomas (1842) – The court held that the nominal rent was sufficient consideration but the husband’s wishes were | | |irrelevant; motive is not the same thing as consideration. |Sufficiency of |A promise not to enforce a Claim is Good Consideration Promise not to sue or enforce a valid claim or settlement of legal action = | |Consideration |sufficient consideration Lam Hong Leong Aluminium Pte Ltd v Lian Teck Huat Consruction Pte Ltd and Another (2003) and Alliance Bank| | |Ltd v Broom (1864) Normally, banks would not promise to enforce debt but is not done here. For not suing, considerations shown ( | | |binding agreement to provide security. | |Sufficient |Forbearance to sue |A promise to forbear from suing or enforcing a valid claim can constitute sufficient or valuable | | | |consideration. Alliance Bank Ltd v Broom (1864).K-Rex Finance Ltd v Cheng Chih Cheng (1993) – The court | | | |spoke the words of Cockburn CJ in Callisher v Bischoffsheim (1870). | | | |The same applies to a compromise of a legal action. The req. is that the legal action must be reasonable and| | | |not frivolous, that the claimant has an honest belief that in the chance of success of the claim and that | | | |the claimant h as not concealed from the other party any fact which, to the claimant’s knowledge, might | | | |affect its validity.Miles v New Zealand Alford Estate Co (1886) | | |Performance of |The Eurymedon (1975) – The Privy Council held that even though the defendant was already contractually bound| | |existing contractual |to a third party to do so, the defendant’s act of unloading the ship formed good consideration for the | | |duty to third party |contract with the plaintiff. This was also clarified in Pao On v Lau Yiu Long (1980) by the HOL. This was | | | |also accepted in the Singapore High Court in SSAB Oxelosund AB v Xendral Trading Pte Ltd (1992). | |Moral obligation & |Eastwood v Kenyon (1840) – The court rejected the plaintiff’s view and held that moral obligation is | | |motives |insufficient consideration for a fresh promise. | |Insufficient |Vague or insubstantial|White v Bluett (1853) – The court held that Bluett’s promise was no thing more than a promise â€Å"not to bore | | |consideration |his father†. As such it was too vague(fake) and was insufficient consideration for the alleged discharge by | | | |his father. | | |Performance of |Collins v Godefroy (1831) –Performance of an existing public duty is not valid consideration. | |existing public duty |Glassbrook Bros Ltd v Glamorgan City Council (1925)- If the court finds the promisee did something more that| | | |required by an existing public duty, then it may be sufficient. | | |Performance of |Stilk v Myrick (1809) – It was held that there was no consideration for the captain’s promise because the | | |existing contractual |remaining crew did what they were contractually required. Two sailors deserting were within the usual | | |duty |emergencies found in such a voyage. | | |However, if it is more than what is contractually required, that may constitute good consideration – Hartley| | | |v Ponsonby (1857) and William s v Roffey Bros (1991) – The English Court of Appeal held that as long as the | | | |extra payment was not given under duress or fraud, the oral promise was enforceable because the defendant | | | |obtained â€Å"practical benefits† from the plaintiff’s work. The benefit was that they would not be liable under| | | |the main contract for late completion. | | |Rule in Pinnel’s Case |Pinnel’s case is authority for the proposition that payment of a lesser sum without anything extra is not a | | | |good consideration. | | |- It would be good consideration provided with a gift (can be anything, even time) is given as the gift | | | |might be more beneficial than the money. -But if the person asks me pay lesser, then cannot sue. – If I | | | |accepted a smaller amount, after that I decided to sue again, CAN! Provided no gift! | | | |Pinnel’s Case (1602) – The part payment of a debt does not discharge the entire debt unless the part p ayment| | | |was made at the request of the creditor and the payment was made earlier, at a different place, or in | | | |conjunction with some other valuable consideration.Foakes v Beer (1884) affirmed Pinnel’s Case – the HOL | | | |held that Beer’s promise not to take further action was not supported by consideration. She could claim the | | | |money. ( in Euro-Asia Realty Pte Ltd v Mayfair Investment Pte Ltd (2001), District Court in Singapore | | | |endorsed the rule in Foakes v Beer and held favor in creditor. | | |Promissory Estoppel is an equitable doctrine whose origin may be traced to Lord Cairns in Hughes v Metropolitan Railway Co (1877). | | |When p. e. is established, the court may enforce a promise despite the fact that there was no consideration. Central London | | |Property Trust v High Trees House Ltd (1947) | | |Elements (Central London Property Trust v High Trees House Ltd (1947) and D&C Builders v Rees (1966)) | | |1)Parties must have existin g legal relationship 2)Clear and unequivocal promise which affects the legal relationship 3)Promisee | | |relied upon promise and altered his position 4)Inequitable for the promisor to go back on his promise. | |Promissory Estoppel |Cause of action | |(For no consideration) |When the promisor gives reasonable notice of his intention to revert to the original legal relationship, the original relationship | | |is restored. The effect of p. e. is to suspend promisor’s rights temporarily.Tool Metal Manufacturing Co Ltd v Tungsten Electric Co| | |Ltd (1995) However, the promise could become ‘final and irrevocable if the promisee cannot resume his position. † Ajayi v R T | | |Briscoe (Nigeria) Ltd (1964) | | |A defensive tool | | |This means that it can only be raised as a shield and not a sword, i. e. a defense against a claim and not to commence a suit.Combe| | |v Combe (1951) (people sue you then can use ) Assoland Construction Pte Ltd v Malayan Credit Properties Pt e Ltd (1993) and Lai Yew | | |Tay Pte Ltd v Pilecon Engineering BHd (2002) | | | | 4. Intention to Create Legal Relations (Pg 17) |The test is whether a reasonable person viewing all the circumstances of the case would consider that the promisor intended his promise to have legal | |consequences. objective test† (objectively ascertained) | |Social and |General presumption = no legal intention | |Domestic |Balfour v Balfour (1919) and Jones v Padavatton (1969) – An agreement is not legally binding unless the parties intend that each will | |Agreements |accept the lefal consequences for its breach. Choo Tiong Hin v Choo Hock Swee (1959) – the plaintiff’s promises were not enforceable | | |because the lack of intention to create legal relations. De Cruz Andrea Heidi v Guangzhou Yuzhitang Health Products Co Ltd and Others | | |(2003) -Friend doing a favor even though secret profit or commission is earned. | |However in Merritt v Merritt (1970) and Wakeling v Ripley– The English Court of Appeal found the necessary intention and held that the | | |wife succeeded in her claim for breach of contract. | |Commercial |General presumption = Legal intention | |Agreements |- There is necessary intention to create legal relations. Edwards v Skyway Ltd (1964) – The court held that Skyways was legally bound. | | |Binding but unenforceable | | |Honour Clauses – When parties have expressly stated that their agreement is not to be legally binding. Rose &Frank Co v J R Crompton | | |&Bros Ltd (1925) | | |Exceptions (not legally binding): | | |Letter of Comfort (pg 17) ( may be binding depending on its terms | | |usually a document supplied by a 3rd party to a creditor indicating a concern to ensure that a debtor meets his obligations to the | | |creditor. | | |Kleinwort Benson Ltd v Malaysian Mining Corporation Berhad (1989) Court only found a moral not legal obligation. refer to pg 17) | | |Letter of Intent (LOI) (pg 17) | | |A de vice by which one indicates to another of his intention to enter into a contract with him | | |E. g. a main contractor is prearing a tender and he plans to subcontract some of the work. | Privity of Contract (Pg 105) |The general rule is that no one, other than a person who is a party to the contract may be entitled to enforce or be bound by the terms of the contract. – | |Price v Easton (1833) – court held that Price could not succeed, as he was not a party to the contract between the debtor and the Easton.Management | |Corporation Strata Title Plan No 2297 v Seasons Park Ltd (2005) | |Exceptions (Thai Kenaf Co Ltd v Keck Seng (S) Pte Ltd (1993) | |Agency relationship | |Assignment of choses in action – consent of 3 parties | |Letter of Credit | |Agreement |Intention to create legal relations |Consideration | |Is it an offer? Define offer |Is there any intention? |Is it revocation? Via broadcast? | |Was the offer effectively revoked? |Is the agreement legally bind (To place under legal|Is Consideration need to be sufficient but not | |Is it valid acceptance?Communicated |obligation by contract)? |adequate? | |Third party’s conversation? |Is the agreement reached in a business context? |Promissory Estoppel? Talk about the elements, sword| |Postal rude? |(eg. Family, friends) |or shield? | |Is there any provision of information? |Is it (social and domestic) or commercial |Is the consideration moved from promisee? | |Any counter offer? |agreement? | | |Is the offeree aware of offer with motive? | | | |Is the offer lapse? | | | | | | | | | | | | | | | | | | | | | | | | | | Notes of Commercial Law Contracts (C3, pg 58) |Nature of contract |- Legal relationship consisting of the right and promises constituting an agreement between the parties that give each party a legal | | |duty to the other and also the right to seek for breach of those duties | | |- Consensus ad idem (meeting of minds); what the parties agree on must be clear and unambiguous and parties must be ad idem. | |Wellmix Organics (International) Pte Ltd v Lau Yu Man (2006) , | | |T2 Networks Pte Ltd v Nasioncom Sdn Bhd (2008) | |Types of Contracts | Oral contracts | | |Written contract provides evidence of the parties’ contractual obligations. | |Forefront Medical Technology (Pte) Ltd v Modern-Pak Pte Ltd (2006) | | |Parol evidence rule = oral evidence not admissible to add to, vary, amend or contradict written contract s 93-94 Evidence Act (refer | | |to Terms) | | |Engelin Teh Practice LLC v Wee Soon Kim Anthony (2004) | . Offer (C3, pg 63) |As the expression to another of a willingness to be bound by stated terms. | |Invitation to treat (pg 64) | |An invitation to others to enter into a negotiation which may eventually lead to the making of an offer. | |An ad is view as invitations to treat. | |Auction without reservations (refer to Barry v Davis (2000) pg 5) |(Offer = Bids made by audience, Acceptance = Auctioneer indicates bids accepted) | |Display of Goods | |Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1952) the court held that the display of goods with prices constitutes an | |invitation to treat. The offer is only made when a customer selects the item he wants and brings it to the cashier to pay for it. |Reaffirmed by Singapore High Court in Chwee Kin Keong & Others v Digilandmall com Pte Ltd (2004) | |Advertisements An ad is view as invitations to treat. | |Partridge v Crittenden (1968) | |Provision of Information | |Harvey v Facey (1893) – The court held that there was no contract because provision of information was not an offer .Stevenson, Jacques & Co v McLean | |(1880) – Seeking for more information is neither a rejection nor acceptance, it was merely an enquiry. | |*compare between offer and invitation to treat, must prove why choose one over the other | |Specific Offeree |An offer is an expression made by one party to another party. For an offer to be effective, the offer must be communicated to the | | |offeree. | Unilateral Contracts |A contract brought into existence by the act of one party in response to a conditional promise by another. Harvela Investments Ltd v | |(involving only one |Royal Trust Co of Canada (Cl) Ltd & Ors (1984)No exchange of promise, only 1 promise (made by offeror). | |side) |Offeree makes no promise, only performs conditions attached to offeror’s promise. Carlill v Carbolic Smoke Ball Co. (1892) – Where | |(pg 63) |advertisement contains a promise in return for an act, an offer is intended. (No general rule that an ad cannot be an offer. | |Bi-lateral Co ntracts |An agreement where one party makes a promise to the other party. | |(involving on 2 side |There are duties, rights and considerations on both parties. In other words, performance of the conditions is an acceptance of the | |or both) |offer and this acceptance should be notified. | Termination of Offer (Pg 75) (5 ways) |Withdrawal |Law: Offer can be withdrawn or revoked by the offeror at any time before it is accepted. (When an offer is withdrawn, the offer is said | | |to be revoked). Overseas Union Insurance Ltd v Turegum Insurance Co (2001) | | |Law: Withdrawal must be communicated to offeree (Revocation is only effective when the offeree receives notice of the revocation) Byrne | | |v Van Tienhoven (1880) – It was held that the revocation was not effective until it was received by the plaintiff. Since the offer was | | |accepted prior to the revocation, there was a valid contract. | |Law: Revocation of offer can be communicated by a third party (as long as offeree obtains knowledge of the revocation) (must be a | | |reliable and trustworthy source) Dickinson v Dodds (1876) Law: Fresh Offer (Revocation can also occer if the offer is replaced by a | | |fresh offer) Ban Paribas v Citibank NA (1989) | | |Law: Offer is opened for a fixed period Routledge v Grant (1828) –Rationale is that an offeree cannot enforce an offeror’s promise to | | |keep his offer open unless there is separate contract supported by consideration to do so, such contracts are called options – Tay Joo | | |Sing v Ku Yu Sang – essentially a promise, supported by consideration, to keep an offer open for a specific period of time within which | | |to decide whether or not to enter into the purchase of agreement. | | |Law: Unilateral Contracts Abbot v Lance (1860), it was held that the offeror cannot withdraw his offer once the offeree has started to | | |act. – Dickson Trading(s) Pte Ltd v Transmarco Ltd (1989), obiter dictum, the offeror in a unilateral contract has an obligation not to | | |revoke the offer after the offeree has involved in the performance of the conditions. |Lapse of time |Acceptance after specific period which offeror states that his offer is open = Ineffective | | |If the offer is opened for a specified period, a purported acceptance after that period would not be effective since the offer had | | |lapsed. the court may imply that the offeror has specified the period of offer even if he has not done so expressly. Wee Ah Lian v Teo | | |Siak Weng (1992) | | |- however, if it is clear from the offeror’s conduct and other evidence that the terms of the supposedly lapsed offer continue to govern| | |their relationship after the specified period, then it is still valid and acceptable after the deadline. Panwell Pte Ltd & Anor v | | |Indian Bank (No2) (2002) | | |When no specified period of time is expressed, an offer would lapse after a reasonable amount of time, (depending on the facts of the | | |case). Ramsgate Victoria Hotel Co v Montefiore (1866) – the court held that Montefiore could refuse to take up the shares because his | | |offer had lapsed after a reasonable time. | |Failure of |Offer automatically terminated if condition not met | |Condition |An offer may terminate on the occurrence of a specified event if the offer is subjected to the condition that it will do. e. g. erminate| | |if goods are damaged before acceptance, subject to the approval of my lawyer Financings Ltd v Stimson (1962) | |Death |Dickinson v Dodds( if the man who makes an offer dies, the offer cannot be accepted after he is dead. Reynolds v Atherton (1921)( | | |Offeree dies before acceptance, this offer cease to be capable of acceptance. Bradbury v Morgan (1862)( the court held that the death of| | |an offeror did not terminate the offer unless the offeree had notice of the offeror’s death. | 2. Acceptance (C3, pg 67) |Indication by the offeree of his consent to the offer and his intention to form a contract based on the exact terms of the offer | |- Whatever its form, a communication constitutes acceptance only if it is an unconditional expression of assent to the terms of offer.Compaq Computer Asia| |Pte Ltd v Computer Interface(s) Pte Ltd (2004) | |- Conditional Acceptance is treated as no acceptance. Struttgart Auto Pte Ltd v Ng Shwu Yong (2005); | |- Accepts seller’s offer subject to a written contract drafted – Thmoas Plaza (Pte) Ltd v Liquidators of Yaohan Departmental Store Singapore Pte Ltd (in | |liquidation) (2001); | |- Agreenment shall not be final and binding agreement – Cendekia Candranegara Tjiang v Yin Kum Choy & Others (2002) | |Brogden v Metropolitan Railway Co. 1877) The Court held that the facts and actual conduct of the parties, established the existence of a contract, and | |there having a clear breach of it, Brogden must be held liable upon it. | |Law: Acceptance of unilateral contract is when all the terms o f the contract are fully performed Carlill v Carbolic Smoke Ball Co. (1892) | |Counter |Offeree introduces a new term or varies the terms of an offer (original offeror is free to accept or reject the â€Å"counter offer†) Hyde v Wrench | |Offer |(1840) – The court held that there was no contract because Hyde’s reply was a counter offer which extinguished the earlier offer.When the | | |response is an inquiry or a request of information, it should not be construed as an offer | |Knowledge|Law: Offeree cannot accept in ignorance of the law | |of Offer |offeree must be aware of the offer – Fitch v Snedaker (1868) and R v Clarke (1927) – As long as offeree has knowledge of offer, motive is | | |irrelevant. Once the offeree is aware of the offer, it does not matter that he was prompted to act for reasons other than the desire to accept | | |the offer.William v Carwardine (1833) – the court held that the plaintiff was entitled to a reward, she ha d done so with knowledge of the reward| | |even though her motive for giving the information was her own remorse. | | |Cross-offer: Do not constitute to agreement/contract; lack of consensus / meeting of minds between parties at the time of making offer. – Tinn v | | |Hoffman & Co (1873) | |Communica|General Rule: Acceptance must be communicated (Acceptance must actually be received by the offeror) | |tion of |Acceptance effective when communicated/received by offeror. | |Acceptanc|If in writing, it must be physically received by the offeror, and if orally, heard by the offeror. Acceptance must be unconditional and absolute. |e |obiter dictum in Entores Ltd v Miles Far East Corporation (1955) and CS Bored Pile System Pte Ltd v Evan Lam &Co Pte Ltd (2006) | | |Powell v Lee (1908) Held that there was no authorized communication of intention to contract on part of the body hence no contract. | |Silence |Silence is only a form of acceptance if both parties agree to it. Silence o f the offeree would not constitute a valid acceptance | | |Felthouse v Bindley (1862)–held that there was no contract between the two parties. The plaintiff had no right to impose a condition that a sale | | |contract would come into existence if the defendant remained silent. | |Exemption case: Both parties agree that the offeree would have a positive obligation to communication only if he wished to reject the offer. | | |Albeit rare in practice, silence is properly be construed as acceptance – Southern Ocean Shipbuilding Co Pte Ltd v Deutsche Bank AG (1993) and | | |Midlink Development Pte Ltd v The Stansfield Group Pte Ltd (2004) – defendant’s conduct of paying the reduced rent showed that a contact exists. | |Instantan|Time of acceptance is the time at which the acceptance is communicated to the offeror | |eous |Ithe acceptance will take effect when and where it is received, acceptance must be absolute and unconditional Entores v Miles Far East Corp | Communica|(1955) | |tions |- if got designated info system; receipt when e-record entered the designated info system. Emails, Fax, Telex | | |- if got designated info system but sent elsewhere then is receipt upon retrieval. | | |- if no designated info system; receipt upon entering any info system of addressee. | |Exception|The Postal Rule (ONLY FOR LETTERS OF ACCEPTANCE! ) | |s |- Quenerduaine v Cole (1883) – telegram means speedy reply; not attracted by postal rule.Offeror will claim that it is only valid acceptance | | |when physically received. | | |- Agreement cannot be withdrawn once the post is sent out. Henthorn v Fraser (1892) | | |- Acceptance deemed effective as soon as the letter is posted regardless as to when it reaches the offeror or whether it reaches him at all. | | |Adams v Lindsell (1818) | | |- the court held that the acceptance was communicated and the contract was formed as soon as the plaintiff posted the acceptance letter. Lee | | |Seng Heng v Guard ian Assurance CO Ltd (1932) | | |Waiver of Communication: facts show that the offeror has waived the need for communiation of acceptance; when offer made to whole world | | |(unilateral contract; anyone can accept) – Calill v Carbolic Smoke Ball. | | |( the doing of the act by the offeree may itself be constructed as acceptance, without requiring formal communication to the offeror. | | |Termination of acceptance: Once posted, an acceptance cannot be revoked. – Wenkheim v Arndt (1873) | 3. Consideration (C4, Pg 85) Two Main Rules on Consideration Must move from promisee but need not move to promisor.Tweedle v Atkinson (1861) Need not be adequate but must be sufficient. Chappell & Co Ltd v Nestle Co Ltd (1960) |Is what each party gives to the other as the agreed price for the other’s promise | |Detriment to one OR Benefit to another | |But it need not move to the promisor Malayan Banking Bhd v Lauw Wisanggeni – A third party who is a stranger to the contra ct may benefit from the contract | |although he may not enforce it. | |Need not be adequate but must be sufficient – Law will not interfere with parties contract so long as consideration is of â€Å"some value† in the eyes of the | |law. |In order for a promise to be enforceable in court, consideration must first be given (exchange of promises would be sufficient consideration)– Dunlop v | |Selfridge (1915) | |Past Consideration is |Refers to an act performed prior to and to that extent independent of, the promises being exchanged (act performed without the | |not valid |reciprocal promise in mind). | | |Past consideration is no consideration The court held that the promise was made after the transaction had already been concluded | | |and therefore past consideration.Roscorla v Thomas (1842) and Teo Song Kwang (alias Richard) v Gnau Lye Chan and Another (2006) | | |To become executed consideration: – Pao On v Lau Yiu Long (1980) and Sim Tony v Ah Ghee (t /a Phil Real Estate &Building Services) | | |(1995) | | |Act done at promisor’s request If the promisor has previously asked the other party to provide goods or services, then a promise | | |made after they are provided will be treated as binding. | | |Contract must otherwise be enforceable Done in biz context and it is clearly understood by both sides that it will be paid for then| | |valid.Re Caseys’s Patent v Casey (1892) held the request to Casey to manage the patent carried an implied promise to pay for that | | |service, hence it was enforceable. | |Consideration must move|The only person who can sue for breach of contract must be the party who has given consideration (promise) – Tweedle v Atkinson | |from the promisee |(1861) – the court held that Tweedle could not enforce the contract between the two fathers because firstly he is not a party of | | |the contract, and secondly, no consideration flowed from him. | | |Consideration need not move to the promisor; 3rd party can may benefit although may not enforce it. Malayan Banking Bhd v Lauw | | |Wisanggeni | |Sufficient, |- Law will not inquire to the fairness of consideration, as long as the parties agree to it willingly – Lam Hong Leong Aluminium | |Need not be Adequate; |Pte Ltd v Lian Teck Huat Consruction Pte Ltd and Another (2003) | |Adequacy of |- Law does not measure value (once the subject of exchange is recognized in law as suitable consideration, quantity is irrelevant) | |Consideration |- Swiss Singapore Overseas Enterprise Pte Ltd v Navalmar UK Ltd (No2) (2003) and Chappell & Co Ltd v Nestle Co Ltd (1960) –the | | |consideration included the wrappers even though they were of no value to Nestle. | | |Thomas v Thomas (1842) – The court held that the nominal rent was sufficient consideration but the husband’s wishes were | | |irrelevant; motive is not the same thing as consideration. |Sufficiency of |A promise not to enforce a Claim is Good Consideration Promise not to sue or enforce a valid claim or settlement of legal action = | |Consideration |sufficient consideration Lam Hong Leong Aluminium Pte Ltd v Lian Teck Huat Consruction Pte Ltd and Another (2003) and Alliance Bank| | |Ltd v Broom (1864) Normally, banks would not promise to enforce debt but is not done here. For not suing, considerations shown ( | | |binding agreement to provide security. | |Sufficient |Forbearance to sue |A promise to forbear from suing or enforcing a valid claim can constitute sufficient or valuable | | | |consideration. Alliance Bank Ltd v Broom (1864).K-Rex Finance Ltd v Cheng Chih Cheng (1993) – The court | | | |spoke the words of Cockburn CJ in Callisher v Bischoffsheim (1870). | | | |The same applies to a compromise of a legal action. The req. is that the legal action must be reasonable and| | | |not frivolous, that the claimant has an honest belief that in the chance of success of the claim and that | | | |the claimant h as not concealed from the other party any fact which, to the claimant’s knowledge, might | | | |affect its validity.Miles v New Zealand Alford Estate Co (1886) | | |Performance of |The Eurymedon (1975) – The Privy Council held that even though the defendant was already contractually bound| | |existing contractual |to a third party to do so, the defendant’s act of unloading the ship formed good consideration for the | | |duty to third party |contract with the plaintiff. This was also clarified in Pao On v Lau Yiu Long (1980) by the HOL. This was | | | |also accepted in the Singapore High Court in SSAB Oxelosund AB v Xendral Trading Pte Ltd (1992). | |Moral obligation & |Eastwood v Kenyon (1840) – The court rejected the plaintiff’s view and held that moral obligation is | | |motives |insufficient consideration for a fresh promise. | |Insufficient |Vague or insubstantial|White v Bluett (1853) – The court held that Bluett’s promise was no thing more than a promise â€Å"not to bore | | |consideration |his father†. As such it was too vague(fake) and was insufficient consideration for the alleged discharge by | | | |his father. | | |Performance of |Collins v Godefroy (1831) –Performance of an existing public duty is not valid consideration. | |existing public duty |Glassbrook Bros Ltd v Glamorgan City Council (1925)- If the court finds the promisee did something more that| | | |required by an existing public duty, then it may be sufficient. | | |Performance of |Stilk v Myrick (1809) – It was held that there was no consideration for the captain’s promise because the | | |existing contractual |remaining crew did what they were contractually required. Two sailors deserting were within the usual | | |duty |emergencies found in such a voyage. | | |However, if it is more than what is contractually required, that may constitute good consideration – Hartley| | | |v Ponsonby (1857) and William s v Roffey Bros (1991) – The English Court of Appeal held that as long as the | | | |extra payment was not given under duress or fraud, the oral promise was enforceable because the defendant | | | |obtained â€Å"practical benefits† from the plaintiff’s work. The benefit was that they would not be liable under| | | |the main contract for late completion. | | |Rule in Pinnel’s Case |Pinnel’s case is authority for the proposition that payment of a lesser sum without anything extra is not a | | | |good consideration. | | |- It would be good consideration provided with a gift (can be anything, even time) is given as the gift | | | |might be more beneficial than the money. -But if the person asks me pay lesser, then cannot sue. – If I | | | |accepted a smaller amount, after that I decided to sue again, CAN! Provided no gift! | | | |Pinnel’s Case (1602) – The part payment of a debt does not discharge the entire debt unless the part p ayment| | | |was made at the request of the creditor and the payment was made earlier, at a different place, or in | | | |conjunction with some other valuable consideration.Foakes v Beer (1884) affirmed Pinnel’s Case – the HOL | | | |held that Beer’s promise not to take further action was not supported by consideration. She could claim the | | | |money. ( in Euro-Asia Realty Pte Ltd v Mayfair Investment Pte Ltd (2001), District Court in Singapore | | | |endorsed the rule in Foakes v Beer and held favor in creditor. | | |Promissory Estoppel is an equitable doctrine whose origin may be traced to Lord Cairns in Hughes v Metropolitan Railway Co (1877). | | |When p. e. is established, the court may enforce a promise despite the fact that there was no consideration. Central London | | |Property Trust v High Trees House Ltd (1947) | | |Elements (Central London Property Trust v High Trees House Ltd (1947) and D&C Builders v Rees (1966)) | | |1)Parties must have existin g legal relationship 2)Clear and unequivocal promise which affects the legal relationship 3)Promisee | | |relied upon promise and altered his position 4)Inequitable for the promisor to go back on his promise. | |Promissory Estoppel |Cause of action | |(For no consideration) |When the promisor gives reasonable notice of his intention to revert to the original legal relationship, the original relationship | | |is restored. The effect of p. e. is to suspend promisor’s rights temporarily.Tool Metal Manufacturing Co Ltd v Tungsten Electric Co| | |Ltd (1995) However, the promise could become ‘final and irrevocable if the promisee cannot resume his position. † Ajayi v R T | | |Briscoe (Nigeria) Ltd (1964) | | |A defensive tool | | |This means that it can only be raised as a shield and not a sword, i. e. a defense against a claim and not to commence a suit.Combe| | |v Combe (1951) (people sue you then can use ) Assoland Construction Pte Ltd v Malayan Credit Properties Pt e Ltd (1993) and Lai Yew | | |Tay Pte Ltd v Pilecon Engineering BHd (2002) | | | | 4. Intention to Create Legal Relations (Pg 17) |The test is whether a reasonable person viewing all the circumstances of the case would consider that the promisor intended his promise to have legal | |consequences. objective test† (objectively ascertained) | |Social and |General presumption = no legal intention | |Domestic |Balfour v Balfour (1919) and Jones v Padavatton (1969) – An agreement is not legally binding unless the parties intend that each will | |Agreements |accept the lefal consequences for its breach. Choo Tiong Hin v Choo Hock Swee (1959) – the plaintiff’s promises were not enforceable | | |because the lack of intention to create legal relations. De Cruz Andrea Heidi v Guangzhou Yuzhitang Health Products Co Ltd and Others | | |(2003) -Friend doing a favor even though secret profit or commission is earned. | |However in Merritt v Merritt (1970) and Wakeling v Ripley– The English Court of Appeal found the necessary intention and held that the | | |wife succeeded in her claim for breach of contract. | |Commercial |General presumption = Legal intention | |Agreements |- There is necessary intention to create legal relations. Edwards v Skyway Ltd (1964) – The court held that Skyways was legally bound. | | |Binding but unenforceable | | |Honour Clauses – When parties have expressly stated that their agreement is not to be legally binding. Rose &Frank Co v J R Crompton | | |&Bros Ltd (1925) | | |Exceptions (not legally binding): | | |Letter of Comfort (pg 17) ( may be binding depending on its terms | | |usually a document supplied by a 3rd party to a creditor indicating a concern to ensure that a debtor meets his obligations to the | | |creditor. | | |Kleinwort Benson Ltd v Malaysian Mining Corporation Berhad (1989) Court only found a moral not legal obligation. refer to pg 17) | | |Letter of Intent (LOI) (pg 17) | | |A de vice by which one indicates to another of his intention to enter into a contract with him | | |E. g. a main contractor is prearing a tender and he plans to subcontract some of the work. | Privity of Contract (Pg 105) |The general rule is that no one, other than a person who is a party to the contract may be entitled to enforce or be bound by the terms of the contract. – | |Price v Easton (1833) – court held that Price could not succeed, as he was not a party to the contract between the debtor and the Easton.Management | |Corporation Strata Title Plan No 2297 v Seasons Park Ltd (2005) | |Exceptions (Thai Kenaf Co Ltd v Keck Seng (S) Pte Ltd (1993) | |Agency relationship | |Assignment of choses in action – consent of 3 parties | |Letter of Credit | |Agreement |Intention to create legal relations |Consideration | |Is it an offer? Define offer |Is there any intention? |Is it revocation? Via broadcast? | |Was the offer effectively revoked? |Is the agreement legally bind (To place under legal|Is Consideration need to be sufficient but not | |Is it valid acceptance?Communicated |obligation by contract)? |adequate? | |Third party’s conversation? |Is the agreement reached in a business context? |Promissory Estoppel? Talk about the elements, sword| |Postal rude? |(eg. Family, friends) |or shield? | |Is there any provision of information? |Is it (social and domestic) or commercial |Is the consideration moved from promisee? | |Any counter offer? |agreement? | | |Is the offeree aware of offer with motive? | | | |Is the offer lapse? | | | | | | | | | | | | | | | | | | | | | | | | | |

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Company Law - Essay Example The tax system also favours debt financing. The share capital and its cost is difficult to determine as there is no schedule that determines the amount that is paid to the shareholders. Furthermore, the tax system does not favour share capital. If a share capital is raised, the person who acquires such shares and becomes member of the company and in accordance with his class is granted certain rights. Thus it can be safely said that there would be a degree of influence which he can exercise over the running of the company. This is so even if the person is a minority shareholder. As far as a lender is concerned, he is generally not entitled to interfere in the running of the company and so as long as the company is complying with the terms of the debenture no action can be taken by the lender so as to influence the policy of the company. In respect of a dividend for the shares, it needs to be paid only if there is a profit and that too is discretionary that is the directors decide upo n whether it should be paid or not. Contrary to shares, the interest on debt finance must be paid in accordance with what had been agreement upon and is in no way dependent upon the profits of the company. Thus even if there are no profits, the capital has to be used so as to pay the interest failure of which would entitle the lender to appoint an administrator or receiver, in accordance with the terms and conditions of the agreement. As far as dividend is concerned, it is not a deductible expense because of the fact that is a distribution of profit and a corporation tax has been deducted from it. However, in respect of the interest for the land and because of the fact that such has been taken as a trading expense and is taken into consideration for computing trading profit, tax is deductible. In respect of share capital a company normally does not have to repay its members the capital which was invested in the company, when company is wound up. Thus the directors do not have to con sider this point. However, for loan capital, there is a date in future on which the loan has to be repaid, which can also be on demand, thus the directors have to consider this and ensure the availability of funds whenever the loan falls due. Thus debt financing may increase earnings per share but there might be a reduction in share price. Thus if investors find that too much has been borrowed then they might sell shares resulting in the company to have greater liabilities than its assets. Thus the directors have to take this into account and to maintain the gearing ratios and to raise share capital and debt finance accordingly. Thus the directors of Green Books Plc would benefit from the advantages listed above and suffer from the disadvantages as well. (ii) In respect of charges, most of them need to be registered with the Companies Registry (CA 2006, s 860) and would be void against liquidator, administrator or creditor who has an interest in the secured assets if not registered (s.874). However, it is important to mention that the contract that is existent between the lender and the company would still be held valid. As for fixed charges over land they must be registered in HM Land Registry. As far as securities are concerned the most attractive ones are buildings etc. A number of fixed charges can be created

Book Report on Playing the Enemy by John Carlin Essay

Book Report on Playing the Enemy by John Carlin - Essay Example Uniting the blacks and whites in South Africa was considered a lost cause by many people, because the divide did not only center on colour, but culture as well. The whites had a more Western-influenced culture than the blacks who clearly embraced their traditional African roots. This was the challenge that Nelson Mandela, a black South African president faced. But he, being a man who rarely gave up, knew that if there was a God in heaven, then there was hope for unity, no matter how tall the obstacle is. With this, he took upon himself to find a way to unite the two camps of humanity that shared the same land. For he too believed that, as long as we both live in the same land, â€Å"your freedom and mine cannot be separated† (Carlin, 2008, 23). The book reveals that Nelson Mandela decided to make his move in a rugby game because rugby was one of the favourite recreational sports for the white South Africans. It was a sport the blacks did not take much part in, for they deemed it a white-man’s game. But despite this, there is some influence that sports can exert to people. It has the ability to make friends out of enemies, because it helps them come together to cheer for a common interest. Carlin (2008, Page 163) showed belief in the power of sport when he mentioned Mandela’s statement, â€Å"let us use sport for the purpose of nation-building and promoting all the ideas which we think will lead to peace and stability in our country†. The team in focus were the Springboks, the then national rugby team of South Africa. A significant number of people can be found who believe that, that team was one of the best rugby teams the nation ever had. But though it represented the nation, it was entirely composed of white men, and as expected, the audience was mostly whites. Strangely, Mandela saw this as a ripe field to promote his agenda. But this was no walk in the park for the great man. He would have to gather all the charm and charisma he had amassed during his 50 years of activism, and his strategy demanded a cause all South Africans could support. His strategy was pure genius. He agreed to host the 1995 rugby world cup games in South Africa. In addition to this he endeavoured to inspire the black South Africans to develop an interest for the sport. Although not fully successful in this endeavour, he managed to get enough blacks onto his bandwagon to ensure that his plan would work out smoothly. For the Springboks, they were facing one of the giants of the sport, the gargantuan New Zealand All Blacks, a team whose unparalleled success and discipline spoke for itself. This was no easy game for the Springboks and they knew it very well. Their chances of winning were small, but greater still, their chances of winning the hearts of their black countrymen were much smaller. Carlin specified some prominent men that contributed in making that day eventful. The first individual is Francois Pienaar the six foot Captain of th e Springboks. The other one is, Linga Moonsamy, Mandela’s top bodyguard on that day. Other prominent figures are, Niel Barnard, who was once the head of the intelligence services during the apartheid-era, and Justice Bekebeke a man that had spent a significant amount of time under death sentence for committing murder, and Desmond Tutu who is revealed

Foreign market entry and its implication (Starbucks case study) Essay

Foreign market entry and its implication (Starbucks case study) - Essay Example In particular, the paper looks at Joint Ventures as an example of the company’s market entry into Spain, and its marketing implications. Generally, the company applies market entry modes and marketing mix to build its brand appeal as well as create a unique product appeal and customer loyalty. These choices have long-term implications in the success of the company. Introduction/Company Background Starbucks Corporation is an international company that deals with coffee products, with its headquarters based in Seattle Washington, America. During its commencement in 1971, the company was a retailer and a local coffee roaster; but it has since stretched out swiftly. It has Italian-style coffeehouse chain and it is the world’s largest coffeehouse company, with presence in more than 60 countries and more than 20,000 stores (Starbucks Corporation 2011). It deals with coffee beans, salads, hot and cold drinks, hot and cold sandwiches, snacks, mugs and tumblers, and sweet pastri es. In addition, Starbucks distributes some of its brand through grocery stores, including coffee and ice cream. Its other products include markets films, music, and books through the Hear Music and the Starbucks Entertainment division. Scores of the company’s products are either location specific or seasonal. Starbuck’s most remarkable expansion, when it used to open new stores days on end, was in the 1990s till 2000s. The company started establishing oversees stores in 1990s; and currently, roughly third of its stores are oversees (Starbucks 2012). Market entry According to Albaum and Duerr (2011), market strategy comprises of an entry mode and a marketing plan. Numerous entry strategies that an organization can adopt when venturing into new markets and regions are available. Each strategy comes with differing degrees of advantages, disadvantages, risks and legal obligations (Gilligan & Hird 1986). According to Albaum and Duerr (2011), the entry strategy to be adopte d should take into consideration company objectives and expectations in terms of volume of business to be gained. The strategy should also take into consideration resources required to effectively implement the strategy and patterns of involvement in other regions. On the other hand, political infrastructure, degree of competitive rivalry within the target market, as well as nature of product to be introduced into the target market should be factored (Yavas, Verhage & Green 1992). Starbucks uses different approaches to market entry, especially in its internalization process. Its entry approach is aimed at satisfying the needs and requirements of every market, seeking to fulfill its traditions and cultures. Presently, the company uses three differently entry methods, including licenses, joint ventures and wholly-owned subsidiaries (Webster 2005). Starbucks entered Spain by signing joint venture agreements with VIPS and El Moli Vell and in 2001. This strategy allow for quicker penetra tion, risk diversifications and faster entry into new markets. It also helps the business to avoid barriers of entry. Like any other strategy, this strategy has its shortcomings; which include loss of management control and lack of the ability to recover capital invested among other (Yavas, Verhage & Green 1992). Group VIPS is a leading European retail and food service operator, while El Moli Vell is a retail operator of pastry shops and cafes in Barcelona area. In

Assault weapons gun ban Essay Example | Topics and Well Written Essays - 750 words

Assault weapons gun ban - Essay Example The reason for which Jimmy Carter, along with George W. Bush and Bill Clinton, supported this law has to be analyzed. This law got passed in 1994 and expired in ten years. When the law was approaching expiration date various police organizations, including police chiefs and sheriffs, have demanded for its renewal. They called on the President of that time to renew and strengthen the law. But with a sparkle from the White House, protestors demand prevailed and the ban was terminated. Carter personally owned a lot of different types of gun which includes â€Å"two handguns, four shotguns and three rifles, two with scopes† (Carter, n.p.). He and his other friends cherished the ownership of the guns. He used these guns for the purpose of hunting in his family woods and field and occasionally he also took his family along with his friends for hunting. He and his friend used to cultivate innovate ideas to do various things on the gun. He even used to display many of them in the whit e house. According to Carter, in case of hunting if one maintains safety there should not be any problem. But neither Carter nor his friends wanted to posses such an assault gun. Since they believed that the assault guns were used to either kill policemen or any other civilian. He believed that White House should not have given up trying to reinforce the law, even if there were lots of political difficulties. A lot of emotions were also attached with the ban of the Assault Weapons. The N.R.A. leaders were highly influenced by the firearm industry and they started believing that the firearms were being snatched away from them and the house owners were deprived of ways to protect themselves. He argues that the fire industry and other governing authorities should reassess the safety and accountability and should enact the ban again. And if the politicians fear the disapproval of N.R.A during election then it was not at all a solid reason (Carter, n.p.). The view of Wheeler should also be assessed in order to have clear understanding of the law. Wheeler has pointed some predictions by studying the psychology of the criminals. He argues that assault guns were not used by the criminals because they were difficult to hide. The data of National Institute of Justice says that â€Å"Assault Weapons were used in fewer than eight percent of gun crimes even before the ban† (Wheeler, n.p.). Moreover the criminals were more inclined to use high quality hand gun. â€Å"Handgun Epidemic Lowering Plan (HELP Network)† (Wheeler, n.p.) says that the end of the ban over the assault gun would lead to a wave of increase crime. And that the root of all evils was the gun. But this belief had no basis. As the panic of the assault gun faded, the activists try to discover a new type of gun. â€Å"California Gov. Arnold Schwarzenegger’s desk lies a bill to ban .50 caliber rifles† (Wheeler, n.p.). That has resulted into the myth that the terrorists used .50-calib er rifles and assault rifles were used by the criminals. But the reports actually suggested that .50 caliber was used by the criminals also. Wheeler also argues that Assault Weapon was deliberately misrepresented by the anti gunners as machine guns. In the year 2003 CNN showed a video of machine gun and

Woman Changing Tradition Research Paper Example | Topics and Well Written Essays - 1000 words

Woman Changing Tradition - Research Paper Example They have made up their minds to come out of their houses and work like men. They want their rights and want to do all that men are supposed to do because their own gender roles make them feel inferior. They want to be at the workplace, in the politics, and in the armed forces. This has been inculcated in their minds by way of strong feminism which comes with the agenda of women liberation. This paper discusses the hot debate whether women should be allowed to change gender roles or not by shedding light on the way feminist theories are changing the trend. Let’s start with explaining the difference between sex and gender which will show to the reader how gender roles come into existence. Sex refers to physical anatomy and biological differences between male and female; while, gender means the characteristics by which the society defines who is male and who is female (Roughgarden 22). Every culture has different concepts of gender roles that are assigned to males and females, a nd these are the gender roles that define the masculinity and femininity of an individual regardless of his physical anatomy or, in other words, sex. â€Å"Men and women are social categories† and socially â€Å"we have the freedom to decide who counts as a man and who counts as a woman† (Roughgarden 23). ... e main aim of contemporary popular culture is to refigure the body, hence issues regarding the body such as its shape, age and other requirements are the hot subject matter for magazines, books, journals, TV shows and even popular science. He states that these issues regarding the body raise questions about body frailty which creates concerns about gender differences, women being treated differently from men and the inferiority they experience as a result. For this reason, the issues regarding body and the gender differences encompassing the popular culture are the main concern of current feminist theories. Liberal women talk about women being treated differently than men, that is, gender discrimination that is favored basically by male domination. They talk about women’s understanding about sexuality, their experience at the workplace and how they manage their families alongside work. They are also concerned with women working with disciplines like history, social sciences, p hilosophy, arts and anthropology. The other important thing this feminism has to say is that women can tend to change the whole scenario by using their practical and empirical knowledge. This would help construct â€Å"a future non-sexist society† (Humm 5) which is the focus of attention of feminism. There are some feminists who characterize women as slaves in their houses doing work for their families without getting paid and thus their houses become a sort of prison for them. This is often referred to as domesticity. They say that this domesticity has to be ruled out from women’s lives if they want themselves to be treated at an equal status with men and considered as modern. The issues of domesticity and gender discrimination define how today’s woman reacts to her inferior position in

Educational circles Essay Example for Free

Educational circles Essay Lifelong education is a concept not to vague in today’s educational circles. It has been used in many different forms to promote a person’s pursuance to knowledge. It is claimed that life is education, practically speaking when you live you encounter deterrents or resistance in forms of challenges. It is normal for a person to face this situation, in here you will see that ones failure and challenges arise man’s normal tendency is to adapt and move on. Therefore learning and educating himself on the situation he/she has just experienced (Smith M. 1996). The issue that can be seen in pursuing further education is Man’s ability to absorb and effectively comprehending knowledge at a certain age. Man’s psyche changes as it progress deep into the application of his/her field or application. When the application stage of man kicks in he or she finds it difficult to learn new things because his/her paradigm is already stuck on its present state. That’s why preparation to a lifelong education is vital. It features a lot of difference between specializing. Specializing is done when man pursues and therefore encloses himself to a specific study. Not only that, he or she will be engrossed in its application, one reason for this is the field maybe his or her source of income. Examples are doctors, engineers, or architects who pursue to improve knowledge in their respective fields. The difference between lifelong learning and specialization is on it’s the width of its spectrum. A person pursuing a lifelong learning is more open he or she views mistakes as an opportunity of learning. A person pursuing specialization is not close minded but more coherent in their studies, and they usually have a rigid paradigm. The importance of differentiating lifelong learning and specialization is important. Creating standard studies on this topic will give students and educators a point of reference. This point of reference will assist our education system on integrating this to a learner’s life. Show them the advantages and disadvantages of pursuing one side to the other. Or even provide an evolvement study to at some proportion integrate the two different sides together. Reference: Smith M. (1996). Lifelong learning. http://www. infed. org/lifelonglearning/b-life. htm

Factors That Affects the Preference of Online Games Essay Example for Free

Factors That Affects the Preference of Online Games Essay Online gaming can refer to any type of game that someone can play through the Internet or over a computer network. Most of the time, online gaming refers to video games played over the Internet, where multiple players are in different locations across the world. Players also can compete in massively multiplayer games, where dozens of players play an ongoing game in a virtual world. Often times, participants can communicate with other gamers through text chat sessions during online gaming or, sometimes, players can actually speak to other players, using special audio hardware. Online Games are now one of the most popular and fast growing part of the internet based industries. These computer games can be played be many people together in a network like the Internet or any office network. With the growing availability of the World Wide Web, these games have become one of the best ways to relief stress after a busy day. Today, there are many websites that allow people to play online games. Playing online games has many advantages. Users can play multiplayer online games with their friends. Children find multiplayer games more thrilling and entertaining as they compete against their friends. Online games offer a range of entertainment options for people. Online games are an excellent way to escape the â€Å"real world for a while and enter the virtual domain. In addition to providing entertainment, these games help us to be mentally strong. These games are liked by people of different ages, especially as they could be played in the comfort of their homes. The games are quite thrilling as they provide incredible features as well as a user friendly ambiance. These games also build team efforts and team spirits. A bond of togetherness is developed through these games. To cap it all, these games help one to interact and exchange ideas with others while paying multi-player games. The industry of computer games is continuously developing its techniques and strategies in order to make more and more appealing games. However, each company that produces video games is specialized in a certain type of games that address to a certain age group. For this reason, the variety of the existing games and of the games to be created is very notable and we should take it into consideration whenever we speak of this domain

Asthma Case Study Essay

Asthma Case Study Essay This essay is written as a case study referring to a patient from my practice area. As I will be reflecting on my practice in relation to the case study, use will be made of first person writing where appropriate. Hamill (1999) supports the use of first person writing in academic essays such as case studies and suggests it develops self-awareness, reflection, analysis and critique. As this essay is focused on a specific patient from my practice area it is important to consider issues of confidentiality. Therefore, throughout neither my practice area nor the patient name will be identified. However to be able to discuss key issues in relation to the patient I will refer to their age, gender and lifestyle, and use a false name to aid the flow of writing. Introduction Asthma affects 5.2 million people in the UK: 1.1 million children and 4.1 million adults according to Asthma UK in their 2004 report. However, depending which report one reads, this number can almost double to 10.1 million (Masoli et al 2003). This wide variation of prevalence maybe explained by the different studies and reports used to gather the data and differing inclusion criteria used. There is nevertheless agreement on the fact that the numbers of cases of asthma are increasing. Asthma UK (2004) reports a 400,000 increase in the number of adults with asthma in the UK between 2001 and 2004. The rising patterns of asthma prevalence however are not explained by current knowledge of causes of asthma, but are paralleled by increases in other allergic conditions such as eczema and rhinitis (Masoli et al 2003). There is currently no agreed definition of the disease. Widely documented in the literature however, is the National Heart, Lung and Blood Institute (1992) definition who describe it as, a chronic inflammatory disorder of the airways causing widespread but variable airflow obstruction†¦Obstruction is often reversible, either spontaneously or with treatment. The severity of the condition varies significantly (Rees and Kanabar 2000) from mild intermittent asthma, to a distressing disabling condition which results in time off work or school, disturbed sleep, restriction of social and leisure activities and anxiety (Hyland 1998). The main aim of asthma management is to control symptoms, minimise asthma exacerbations and optimise quality of life (Scullion 2005). As a student of the Acute Care Pathway Degree, one of the specific learning outcomes for my pathway is to be able to manage programmes of care for patients with chronic diseases (St Martins College 2006). Hyland (1998) states that the Advanced Nurse Practitioner has become a major provider of asthma care in the UK. Watkins, Edwards and Gastrell (2003) agree, and suggest that currently the management of long-term conditions, including asthma, are a core component of a Advanced Nurse Practitioners work. Therefore it is crucial that I have an understanding of this condition and be able to review patients effectively (Wiggins 1999) using evidence based guidelines, and to have the confidence to provide advice on the management of their condition. I aim to improve my understanding and asthma management skills through critically reviewing key issues of patient care as a case study. The key issues I intend to focus on relating to a specific patient are: Treatment of Asthma in the Emergency Department Patient education Patient concordance Initially this essay will examine my current practice in relation to asthma management through reflecting on my present level of knowledge and understanding, discussing the level of care I can provide for patients with asthma at the moment. I then intend to give a brief outline of the patient chosen for this study, explaining the reasons for that choice and the rationale behind the key issues highlighted for discussion. A critical review of the key issues will follow using up to date evidence based literature and considering relevant policies. The conclusion will summarise the main points, reflect on what I have learned from this module and consider ongoing learning requirements in relation to asthma management. Reflection on current practice At the time of writing I have so far completed 16 hours in practise, Therefore my first few days in practice were spent adjusting to this new and very different area of nursing. Nevertheless I have had the opportunity to observe my mentor assessing patients with asthma and recently have become more involved in the review of these patients, with supervision. Prior to starting the course I did feel I had some understanding of the disease process of asthma from working in the Emergency Department, albeit very fundamental, and some basic knowledge of the management. Some of this understanding comes from personal experience but also through my previous experience working in dermatology. Often patients presenting with atopic eczema would also be asthmatic, there is a well known link between these conditions (Hyland 1998). Some of the advice given in eczema management, for example allergen avoidance, will also be relevant in asthma management (Rees and Kanabar 2000). Using Benners (1984) novice to expert model I would classify myself at present as an advanced beginner. This is someone who has a marginally acceptable performance with some background experience but who still requires supervision. I feel this accurately describes my current ability in practice in relation to asthma management. With supervision I am able to undertake an assessment using a template for guidance, check medication usage, check symptoms and carry out peak flow assessment. However I still find the array of inhalers confusing and dont feel confident in interpreting the information gleaned during assessment into planned care within the time constraints of the clinic. When I have the time to reflect on the information and review the guidelines away from the patient I feel more confident. I need however to be able to make the transition from an advanced beginner to a competent practitioner, increasing my level of proficiency to no longer requiring supervision but being aware of my own limitations. I feel with more experience in practice and by working through this case study I should be able to achieve this. Rationale for choice of patient and key issues Rolfe, Freshwater and Jasper (2001) suggest that choosing an event or incident to reflect upon or analyse is concerned with anything that happens to us that we want to write about for some reason. It is the significance of the experience within our daily lives which helps us choose one experience over another. Having decided to focus on asthma as the topic for my case study, when I looked back at the patients I had seen with asthma, it was the above episode of care which held the most significance for me. Pharmacological management The aims of the pharmacological management of asthma are to control symptoms, prevent exacerbations and achieve the best possible lung function while minimising side-effects and long-term sequelae (Scullion 2005). National clinical guidelines developed in 2003 by the British Thoracic Society (BTS) and Scottish Intercollegiate Guidelines Network (SIGN) were produced in collaboration with, amongst others, Asthma UK and the Royal College of Physicians of London, and have more recently been updated in 2005. They are widely accepted as the Gold Standard of evidence-based asthma care for health care professionals working in the UK (Levy and Pearce 2004). Patient education and concordance The issues of education and concordance will be discussed together as they are inextricably interlinked. It is difficult for the health professional to achieve concordance with the patient without providing education about their disease and its management (Levy and Pearce 2004). It is estimated that one quarter of asthma patients in the UK have a compliance rate of 30% or less (Das Gupta and Guest 2003). The term compliance in health care has become less fashionable recently due to it implying that a patient is perhaps ineffectual and hasnt followed the health professionals instructions (Hyland 1998). Whereas in reality the reasons for non-compliance are complex (Holgate and Douglass 2006) and not necessarily the fault of the patient, for example, not being shown how to use their inhaler device properly (Carter et al 2005). Nevertheless non-compliance is thought to contribute to between 18% and 48% of asthma deaths (Asthma UK 2003). Concordance is the term used to describe a negotiat ed agreement between health professional and patient with regard to the management of their condition (BTS/SIGN 2005). However even when concordance seems to have been achieved a patient still may not adhere to the agreed plan of care for many reasons (Weller and Booker 2006). Ensuring patients are well informed about how their medication works has been shown to improve adherence and control (Boulet 1998). They need to be aware of the risks of taking and of not taking their medication (Levy and Pearce 2004). The latter is of particular concern in asthma in that persistent inflammation of the airways may lead to irreversible obstruction (Rees and Kanabar 2000). Written personalised asthma action plans have been shown to improve outcomes of care (BTS/SIGN 2005). They reinforce verbal education and set out for patients what to do if their symptoms worsen (Roberts 2002). Conclusion Asthma is a frequently seen chronic condition in the Emergency Department and one that Advanced Nurse Practitioners are expected to be involved in the management of (Hampson 2002). Therefore as am Acute Care Pathway Degree Student, I need to develop my knowledge and skills in this condition to enable me to provide a high standard of evidence-based care for patients. Throughout this essay I have endeavoured to demonstrate my understanding of asthma especially in relation to the pharmacological management and issues of education and concordance. These issues have been discussed and have shown to be interrelated; without achieving concordance, adherence to prescribed medication cannot be achieved and without patient education concordance cannot be realised. Although I have been unable to discuss all aspects of asthma management due to word limit constraints, my understanding of asthma medications and the use of the stepwise guidelines has increased significantly to the point where I now feel more confident in practice. More recently when seeing patients with asthma I have been able to visualise which step they are on which has helped me to decide whether they are on the correct medication in relation to the severity of their disease. Reviewing the issues of concordance and education has made me realise how important these aspects of management are; however the time needed to address these issues in practice often doesnt correlate to the time allowed for appointments. To enable me to become a competent practitioner in asthma management I need to consolidate the increased knowledge I have gained from writing this essay with more experience in practice. I need to increase my knowledge in areas not discussed in this essay, such as non-pharmacological management through self-directed study and perhaps consider further education through an accredited asthma diploma course, on completion of my degree course.

The Changing Character Hamlet in Act II and Act IV of Shakespeares Hamlet :: Shakespeare Hamlet Essays

The Changing Character Hamlet in Act II and Act IV of Shakespeare's Hamlet In Shakespeare's Hamlet, although the character Hamlet makes similar points about himself in the soliloquies of Act II and Act IV, he seems to be less self-blaming and more in control of his emotions in the Act IV soliloquy. In the Act IV soliloquy, Hamlet is less self-blaming and more in control of his emotions. In Act II Hamlet blames himself for the delay in his revenge, "O, what a rouge and peasant slave am I!" (2:2:519). He also seems to be more self-abusive in his expressions, "Why, what an ass am I!" (2:2:553). Hamlet's deep depression is expressed through his comparison of himself to the lowest and most worthless things he can think of. However, in the Act IV soliloquy, Hamlet uses logic to reason his delay in killing Claudius, "How all occasions do inform against me and spur my dull revenge!" (4:4:32). While he is still a bit emotional, he is less self-abusive and more in control of his feelings, "How stand I then, that have a father killed, a mother stained." (4:4:56). Hamlet's reproach of his actions is gentler and less derogatory. He uses reason to explain how certain occasions have delayed him rather than blaming himself for backing out on his plans. In both soliloquies Hamlet makes comparisons between himself and other characters. In Act II he compares himself to an actor and in Act IV he compares himself to Fortinbras. In both soliloquies Hamlet uses the comparisons to put himself down for not carrying out his actions. In Act II Hamlet is angry with himself because he doesn't understand how an actor can get so emotional over a speech that he is reading, while Hamlet, who is actually in the real situation, is passive in his emotions, "Is it not monstrous that this player here, but in a fiction, in a dream of passion, could force his soul so to his own conceit." (2:2:520). In Act IV Hamlet expresses admiration for Fortinbras' courage and ambition to succeed and to fight for his name and honor, (".led by a delicate and tender prince, whose spirit, with divine ambition puffed." (4:4:48). Although both comparisons are different, both the actor and Fortinbras serve as role-models to Hamlet. He looks up to their actions to spur his am bition for revenge. At the end of each soliloquy Hamlet reaches a state of resolution, in which he seeks to find certain truths about himself and the outside world.

Napoleon Was NOT a Son of the Revolution Essay -- European History

At the end of the French Revolution, the hopes of the early stages of the Revolution had been mangled, leading into the Reign of Terror. France had dissolved into anarchy, with internal and international turmoil. It was out of the foreign wars that Napoleon came to power. Napoleon Bonaparte rose to power, victory by victory, eventually making himself Emperor of France, creating a strong central government while continuing the foreign wars, creating a mass French Empire. Although Napoleon was a product of the French Revolution and maintained the image as a â€Å"son of the Revolution,† idealism always fell to pragmatism as Napoleon’s main purpose was creating a strong unified France. Napoleon’s policies reflected some of the ideals of Enlightenment thought and he sought to spread them across Europe as he conquered. One of the core beliefs of the Enlightenment is that the universe is orderly and that there are natural laws that apply to everyone. Although what these rights were was up to debate, the central idea was that everyone should have them. As Napoleon conquered Europe he applied the same laws to everybody, everywhere. This set of laws is known as the Code Napoleon. Some of the laws enforced by the Code Napoleon can be seen in Napoleon’s Imperial Decree at Madrid, where Napoleon abolished feudal rights, such as banalities, as well as seizing church lands to be distributed among the people. Other actions he took were creating â€Å"constitutions† that created laws that applied to all people equally and could not be altered on a whim. These are the same actions taken during the French revolution applied to all other areas. In fac t, the promises of these reforms gave Napoleon’s forces supporters in the countries he sei... ...gery he used. Napoleon’s rule was greatly influenced by the Enlightenment ideas, but he was not a â€Å"son of the Revolution.† Louis Bergeron considered Napoleon an enlightened despot, saying, â€Å"the dynamism of Bonaparte and his rigorous administration revived the experiment of enlightened despotism, somewhat belatedly, since in the setting of Western Europe it was already a bit out of date.† Napoleon did resemble an enlightened despot as he upheld absolute power while encouraging legal and social equality for all classes of people (that weren’t him). What makes Napoleon unique among enlightenment despots is that he formatted his image to appear to be something else. The discrepancies between the image he presented and the person he was creates room for interpretation as to whether Napoleon was a dictator, an enlightened despot, or a champion of the revolution.