Sunday, December 29, 2019

Street Crime in Pakistan. and to Curb It - 1375 Words

------------------------------------------------- Street crime Street crime is a loose term for criminal offences taking place in public places. It has moved to occupy the place once held by mugging. According to London s Metropolitan Police Force, street crime is: Robbery, often called mugging , and also includes thefts from victims in the street where property is snatched and the victim is not assaulted. [1] Crime on the streets of a city may include many other types of offences, for example pickpocketing, the open carrying-on of the illegal drugs trade, prostitution in the form of soliciting outside the law, the creation of graffiti and vandalism of public property, and assaults. As a generic term street crime may include all†¦show more content†¦If you ve had things stolen during a street crime that s likely to affect you too. As well as the obvious issues such as financial problems because of stolen cash or valuables, you can suffer emotional effects. A stolen handbag or wallet can contain irreplaceable photographs or mementos that can take away your memories. Stolen papers and keys can put you at risk of other problems such as burglary, stalking or identity theft. We ve put together a checklist to help you identify what steps you can take to help reduce the risk of more problems after a theft. We can help Victim Support is the independent national charity for people affected by crime. Our services are confidential, free and available to everyone. We help thousands of victims of street crime every year. Our volunteers are specially trained to give you information, practical help and emotional support. If you do decide to report a street crime to the police, we can go to the police or to court with you. We can explain how the criminal justice system works help you to apply for compensation. If you ve been injured we can advise you about seeking medical attention. If you can t work because of the affects of a crime, we can give you advice on dealing with your employer and getting benefits (you can also get information about benefits from your local benefits office or your local Citizens Advice Bureau.Show MoreRelatedSri Lanka s Civil War830 Words   |  4 PagesSri Lanka’s civil war ended seven years ago, but social fault-lines dividing the country have not yet closed. Ethnic Tamils worldwide still resent the Sinhalese-dominated State for alleged war crimes committed during the insurgency and for its piecemeal efforts at resettling internally displaced Tamils. What pains them more than material losses wrought by two decades of bloodshed is the war’s long and ominous shadow on today’s Tamil youth. 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Saturday, December 21, 2019

The Real Relationship Between Men And Women - 1037 Words

The Real Relationship Between Men and Women In the play Trifles by Susan Glaspell, the men in the play are completely out of touch with the women. This may be perhaps the single greatest important theme of the play. The gender differences set the stage for the utmost vital event of the story, the murder. The men of the story are mainly oblivious to the steps the women undergo in the story. Understandably the women solve the murder before the men even get close. The men acted just as Mr. Wright in the play, they were dismissive and condescending. While the men of the play rage and trample around the farmhouse searching for evidence to the murder, the women discover additional clues. These clues allow the women to solve the murder. The men decided to focus more on the â€Å"trifles† of a farmer’s wife—her baking, cleaning and sewing instead of truly being rational. Because the men practically ignore the women’s world and how they reason , the men remain blind to the truth of the murder. The two different genders are fully distinguished by the roles they play in their society, their logic and methods of solving the murder, and their social divide that is exhibited within the play (â€Å"Trifles†). These three central aspects of the play separate the men from the women entirely. The men of the play do not physically treat the women horrible, but break them down mentally. To begin with, the men are particularly arrogant due to the roles they all play in society and somewhat in theShow MoreRelatedOnline Communication Has Changed The Idea Of Romance Essay1735 Words   |  7 Pagescommunication between couples but this has affected the way in which they initiate a romantic relationship. Men strive to achieve a goal and to obtain control, while women, unclear of her feelings, overthink every step of the way during the relationship. Having a face-to-face communication allows others to interpret your ideas, and emot ions. 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Friday, December 13, 2019

Water Resource Plan Free Essays

Water pollution has become a major problem in our water sources. People think that when they litter or dump in our waters that their little contribution will not hurt anything, but everyone’s little contributions add up to some major problems. Our water ecosystems and the species that reside in them are being destroyed and we need to take the steps necessary to stop this. We will write a custom essay sample on Water Resource Plan or any similar topic only for you Order Now Why would anyone use the source of most of the world’s food as a dumping ground for garbage? People need to start realizing what it is they are doing when they do not take the proper steps to dispose of their garbage and the problems they are making for the future. Water pollution can come from many different sources. Not only does it come from people dumping their garbage into our bodies of water but it can also come from sewage and wastewater runoff, industrial waste, oil pollution, underground storage leakages, and radioactive waste. Global warming is even causing water pollution. (Grinningplanet. com) Pesticides, fertilizers, oil, gasoline, and mining are just a few of the harmful sources of wastewater runoff that flow into our rivers and lakes from being left behind on the ground. (Water-pollution. org) All these things can be prevented and I would like to propose a plan to do exactly this. To stop water pollution, we must stop the dumping. The first phase of my plan is to not only post signs and â€Å"NO DUMPING† warnings near every major body of water but also to put into effect a major fine for any person caught dumping their wastes. Now how to enforce such a fine and catch the perpetrators? I propose to put â€Å"rangers† along the banks of any body of water where dumping is known to take place. This would not only provide more jobs for the people in these hard economic times but it would also be a source of income to pay these workers and to help enforce these new laws. With more workers keeping an eye out for such people, the more people that get caught and the more fines that need to be paid. Now one might say that such signs are already posted near water sources and they do nothing to ward of people meaning to do harm to our water. But that is what the rangers would be for, to catch these people in the act and be there to take the necessary steps to collect the fine. As for pollutions that already exists. This is where phase two of my proposal comes into play. Instead of inmates only picking up garbage along the highways, they alternate between that and picking up garbage along to riversides. Because litter is litter and we do not want to forget about it anywhere. Volunteer programs and delinquent programs can also be put into place for those that want to help and for those that need community service hours in order to stay out of trouble. This way we can stop people from adding more pollution and also help get rid of the pollution that already exists. Runoff is another issue. This takes a few more steps than preventing garbage pollution and it is also where phase three will take place. To this I would like to incorporate mandatory courses to any industrial businesses that end with waste products that need to be disposed of. This course will teach these people the proper and safe way to dispose of their toxins and places that they can do so legally. This course will be free to these companies but if they do not participate they will be fined, which will in turn help to fund the program and pay the employees that teach the course. In order to stop the problem, one must attack it at its source. My proposal will not only help save our water but help to prevent further damage to them as well. It will not have any affects on the surrounding communities that reside amongst the rivers and lakes and will not be any kind of annoyance or inconvenience to their neighbors. It will only be there to help and nothing but benefits will come from it. My only hope is that we can stop this polluting of our waters before it is too late. It is only a matter of time before these pollutants start affecting the food that we fish out of these waters and put into our bodies. Who is to say that a contaminated fish would not in turn make the person that eats that fish sick as well. It is already fact that 40% of America’s rivers and 46% of America’s lakes are already too polluted for fishing, swimming, or aquatic life. (Grinningplanet. com) Let’s take the steps to make sure that percentage does not get any worse. References http://www.grinningplanet.com/2005/09-06/water-pollution-causes-article.htm http://www.grinningplanet.com/2005/07-26/water-pollution-facts-article.htm http://www.water-pollution.org.uk/causes.html How to cite Water Resource Plan, Essay examples

Thursday, December 5, 2019

Business Law Contract Between Winnie and ERH

Question: Describe about the Case Study for Business Law for Contract Between Winnie and ERH. Answer: Introduction In the given case, a contract between Winnie and ERH was drawn, for hosting Winnies wedding. Some of the terms were stated, and others were not. Eva was the events planner for ERH, and the terms of the contract were discussed between Winnie and Eva. Due to the events that occurred at the wedding, Winnie wants to sue ERH. Her legal rights in this matter have been discussed below. Facts of the Case In the given case, the terms of the contract were detailed by Eva, on behalf of ERH. So, the terms discussed between Eva and Winnie, form the base of this contract. During the discussions between them, Eva had warned Winnie about the occasional tropical storms, which Winnie had failed to listen. Winnie chose a dish called Asian Finger Feast, based on its photographs and description. The description of this dish stated that the dish contained prawns, sushi, salmon, spring rolls, teriyaki skewers and tropical fruit. A band, named Trolls, was decided between them, for the wedding. Eva failed to inform Winnie about her relationship with the member of the band, and that the band was a death metal band. On the other hand, Winnie failed to inform Eva that apart from a wedding ceremony, she would be showcasing her designer off-the-shelf wedding dresses. She was expecting to make a profit out of this, of over $50000. The contract, containing six clauses, was finally drawn on September 13, 2015. The wedding turned bad, as everything did not go according to the plans. A tropical storm occurred, and as a result, the guests had to be moved to a shed at the back of the hotel, as the Great Dining Hall was not available. Further, this resulted in the delayed start of the party from the scheduled time of 5 PM to 7 PM. The drinks and dishes were not up to the mark. Formation of Contract Issue: Was a contract formed in this case? Rule: A contract is a promise between two or more parties, to carry out certain things, in exchange for a consideration (Treitel Peel 2015). A contract is a legally enforceable document. The parties entering the contract have to be of sound mental capacity. They have to enter the contract out of free will, and without any undue influence. Intent to enter into a contract is a necessity to form a legally binding contract. (Clarke Clarke 2016). A contract can be either written or oral. In a written contract, all the terms are laid down on paper, and signed by the parties involved. In the case of a verbal contract, an offer is spoken, and the acceptance is attained in a spoken manner. It is advisable to enter into written contracts as against verbal contracts (Department of State Development 2016). Even though there is an ease of formation in the verbal contracts but in the case of disputes, a written contract can resolve the points of dispute. There are five main elements of a contract, namely, an offer, acceptance, consideration, intent, and certainty (The Law Handbook 2015). To form a contract, an offer has to be made by the party. This offer has to be accepted by the party, to whom the offer was made. The offer should involve a consideration which has economic value. The parties should have the intention to enter into a contract. And lastly, a certainty is essential regarding the terms of the contract (Carter 2007). The terms and conditions which are important in nature but do not form the part of the main body of the contract are stated in the fine print. Reading and understand the fine parts is a crucial element for entering into a contract. Usually, such items are included in the main contract, which the issuing parties do not want the receiving parties to know, even though these are essential for the receiving party. Such terms are valid as per the law. When one party fails to disclose material information relating to a contract, it is known as misrepresentation. A contract is voidable at the option of the aggrieved party in cases of misrepresentation. Further, the Australian Consumer Law Winnie provides certain consumer rights to seek necessary redressal from the adequate forum (Keyes Wilson 2016). Also, specific performance or an injunction can also be acquired as means of remedy. The Civil Liability Act, 2002 states that a person is held responsible for the harm done to other person and would be considered as negligence if the risk was known to the person (Australian Law Reform Commission 2016). A landmark decision regarding the negligence in tort law and consumer protection came from the case of Donoghue v Stevenson (Smith Burns 1983). A standard of care has to be maintained by the parties who are aware of the risks. Application: As stated above, to form a contract, certain key elements are essential (McKendrick Liu 2015). In this case, an offer was made by ERH to host the wedding of Winnie, and the offer was accepted by Winnie. The terms were in writing and signed by the parties involved. The terms of consideration were set out in the contract, which required Winnie to pay half the amount in advance and the rest had to be paid one week before the wedding was scheduled to take place. The consideration of $20,000 was duly paid in the manner stated in the contract. There was a clear presence of intent between the parties to enter into a contract (Gillies 1988). Here, the point of dispute arises on the terms of the contract. Certainty, about the terms of the contract, is an essential element of any contract. The first clause of the contract stated that the venue would be provided for 100 guests, on the wedding night of February 1, 2016, from 5 PM to midnight. But due to a tropical storm, the party could not start until 7 pm on that day. By including this clause in the contract, the period of the contract was declared. After the passage of midnight of February 1, 2016, this contract would have reached its end, on the basis of both the tenure of the contract and the discharge of performance. The second clause of the contract stated that the 100 guests would be served the Asian Finger Feast. At the end of the contract, in the fine print, it was written that at the discretion of the hotel, substitutes could be used. The Asian Finger Feast dish served was different from the photographs and description that Winnie had seen. But as per the contract, ERH had the discretion to change the dish. So, on the basis of clause 2, Winnie has no legal right to sue. The clause 3 of the contract stated that a drink named Tropical Punch would be served by ERH for first two hours, and afterward the drinks had to be purchased by the guests from the bar at reasonable prices. Again, in the fine print, it was written that the recipe of the said drink is confidential and could not be disclosed. At the wedding day, a drink with ingredients containing a lukewarm non-alcoholic mixture of tinned pineapple and orange juice was served. The contents of the drink were never discussed, so a contention on this matter cannot be made by Winnie. The point on which legal action can be taken by Willie is the price of the drinks served. The contract clearly stated that the drinks had to be served at reasonable prices but in reality, they were served for prices which were three times the cost of equivalent Melbourne prices. Winnie has consumer rights here and can seek necessary redressal from the adequate forum. Clause 3 further stated that the entertainment would be provided by the band Trolls. It also stated that the bridal dance would be the song Wild Thing. The band had Evas son as a member. It was the duty of Eva to disclose this fact to Winnie. Further, she had to inform Winnie that the band was a death metal band. By not disclosing these issues, Eva failed on the fiduciary relationship of the trust and confidence. Hence, there was a misrepresentation (Elliot 2011). The clause 4 of the contract contained the compensation part which was discussed and paid adequately. The 5th clauses stated that on cancellation by Winnie, the deposit paid by Winnie would be forfeited. These clauses have been rightly included in the contract as they contain an essential element of a contract, i.e., consideration (The Law Handbook 2015). The last clause which was the 6th clause stated that ERH was not liable for any harm or damage caused, even by if such damage was caused by ERHs negligence. During the discussion of the contract, Eva had clearly warned Winnie about the probability of storm. Here, Eva was aware of the risk of tropical storm, and since the venue was a beach, this was an inherent risk of the business. Beyond communicating the risk factor (which was unheard by Winnie) Eva or ERH did nothing. Hence, they committed a tort (Trindade, Cane Lunney 2007). But, the clause 6 covered the disclaimer. And so, a tort was not committed by the reasons of proper disclosure. Conclusion: By analyzing the clauses of the contract, it can be concluded that a contract was formed in this case. Further, by these clauses, Winnie has various rights to seek redressal. Validity of the Contract terms Issue: Whether the terms of this contract are valid? Rule: After oral discussions, when an agreement is written down and appears to be entire, it is assumed that the written terms contain all the terms that were discussed. Further, any evidence regarding the oral discussion would not be accepted which would result in a change in conditions of the agreement. This concept is known as Parol Evidence Rule (PER). A contract is voidable at the option of the aggrieved party in cases of misrepresentation. Under no circumstances, should the terms of a contract be illegal or such that they may breach the law. Only the lawful terms, in a contract, are considered valid. Exclusion clauses are often found in the contracts and are valid. For an exclusion clause to be valid, the terms have to be clear and precise. Further, such terms have to be brought to the attention of the other party. In cases where the exclusion clause (EC) is vague, such clauses are interpreted against the interest of the party relying upon it. It was held in the case of LEstrange v Graucob that when the parties sign a contract and where there was no case of a fraud or misrepresentation to sign than the parties are bound by the contract irrespective of the fact that the contract was not read (Swarb 2015). Application: In the given case, after oral discussions, the contract was written down and signed. Some clauses in the contract were standard, and others contained misrepresentation clauses. The first clause is correct in terms that it contains the tenure of the contract. The second clause is also correct as the terms included the discretion concept as explained above. The third clauses contained two parts. The first correctly stated the terms of the drinks. The second clause contained a misrepresentation clause as Eva failed to declare her relationship with the band. This information was crucial to the contract as Eva had favored from the terms. Further, withholding the information about the band being a death band, confirmed that Eva failed to disclose material information and hence, a case of misrepresentation was present in the contract. So, by this clause, the contract is voidable. The fourth clause stated the compensation of the contract, and it is an essential element of any contract (Frey Frey 2005). Hence, the validity of the contract cannot be challenged on this ground. The fifth clause stated the terms of termination of a contract in case of a cancellation by Winnie. This is also one of the standard terms of a contract and hence, forms a part of a valid contract. The last part contained an exclusion clause on the part of ERH. In this case, the EC was very clear in its wordings and Winnie had signed the contract. Even though the oral warning about the tropical storm was unheard by Winnie, but the contract clearly stated the EC. Applying the verdict of LEstrange v Graucob in the present case, the clause 6 of this contract was valid. Further, all these clauses are legal and do not breach the law. And so, the terms of this contract are valid. Conclusion: From the above analysis, it can be concluded that this contract was indeed a valid contract and the terms of this contract, were also valid. Vitiating Factors of the Contract Issue: Whether there are any vitiating factors in this contract? Rule: Vitiating factors are those terms in a contract that make the contract void or voidable. Some of the vitiating factors include misrepresentation, illegality, mistake, undue influence and duress (Paterson, Robertson Duke 2012). Application: The first vitiating factor is present in clause 3 of the contract. According to this clause, the drinks had to be provided at reasonable prices in the bar of ERH. But in reality, the drinks were provided at three times high rates. This was a misrepresentation by ERH and hence amounts to vitiating factor. Further, this clause also stated the band as Trolls, which had a material relationship with Eva, who was the representative of ERH, and that the band was a death metal band. Failing to inform Winnie about these factors gave rise to a misrepresentation. Hence, this was also a vitiating factor in this contract. A major vitiating factor in this contract was a result of misrepresentation on the part of Winnie. Winnie had failed to disclose to Eva, that on the wedding day, Winnie was going to showcase her new range of designer off-the-shelf wedding dresses, for her business. Winnie stood to make a profit of over $50000 from this. This was a commercial/ business activity. The contract was formed for hosting a wedding and not a business activity. Hence, this misrepresentation by Winnie is also a vitiating factor of this case. Conclusion: So, there were vitiating factors in the given case. In the clause 3, there was a vitiating factor in the form of misrepresentation. Further, a vitiating factor was also present from the side of Winnie, as she failed to disclose material information about this contract and hence, was a vitiating factor in the form of misrepresentation. To conclude, there was a presence of vitiating factor, by misrepresentation, from both the parties. Remedies and Damages Available To Winnie Issue: Whether any remedies or damages are available to Winnie? Rule: Remedies and damages are provided to a party in cases of breach of contract. Damage is awarded with the aim of restoring the parties to the position as if the breach had not taken place. Damage or remedy is not a punishment, but a means to rectify the situation. Damages are usually provided for distress (Australian Law Reform Commission 2016). And remedies are provided for a breach of contract. A noticeable case in the matter of claims for damages, by distress and disappointment is Baltic Shipping Co v Dillon (Goldring et al. 1998). In this case, the passenger had sued for distress and disappointment, and was awarded damages for such distress and disappointment. As per section 20 of the Australian Consumer Law (ACL) (Corones 2011), a person engaged in trade or commerce, must not do something which is unconscionable within the meaning of the unwritten law. Further, section 21 of the Australian Consumer Law, states that a person should not be engaged in unconscionable acts, in the course of trade or commerce, which relates to the supply of goods and services. Relief is provided for contravention of these sections through damages (under section 236) or compensation (under section 237). Application: From the events stated in the facts, it can be deduced that Winnie suffered disappointment and distress. Her wedding was ruined, and her feelings were injured. A clear damage of emotional nature can be established here. So, Winnie can claim for damages on the basis of distress and disappointment. Winnie also undertook a business activity on the wedding day. But due to the problems faced on the wedding day, her business activity was hampered. The dresses she showcased became a laughing stock. Further, a fashion blog article mocked the events of the wedding. As a result of all this, no customers bought her dresses. Because of this, she could not convert her expected profit of $50000 (approximately) to actual profits. The major point here is that Winnie made a misrepresentation by not disclosing the fact that her wedding would hold a business event. This holds her liable for a breach of contract (Monahan 2001). She cannot claim any damage for the loss she incurred because of the commercial activity. Also, Eva withheld material information from Winnie about her relationship with the band member. Further, by failing to disclose information about the band being a death band, again material information was withheld. These were important information in this dealing and hence, by not disclosing them, the misrepresentation was made. Winnie can sue for a breach of contract in this case. And so, Winnie is entitled to receive damages for the breach of contract (Ayres Klass 2012). The magnitude of the damages resulting from the breach of contract would be decided by the loss was borne by Winnie. If the loss claimed is too remote, then damages would not be awarded to Winnie. In this case, the breach of contract (through clause 3), ruined her wedding. Plus, by serving the drinks at prices which were three times the reasonable prices, the damage was clearly established as not remote. So, she can claim damages for high prices that were charged. Further, she can claim for specific performance or get an injunction so that ERH does not continue the overpricing of drinks. In this case, by overcharging the drinks, ERH contravened both the sections 20 as well as 21 of the ACL. In such a case, Winnie can seek adequate relief under the ACL. Conclusion: So, to summarize, Winnie can claim a specific performance or injunction as a remedy for overpricing the drinks. It is also her right to gain damages for the breach of contract (Bonell 2009). Winnie is also eligible to damages/ compensation as per Australian Consumer Law (Coorey 2015). Lastly, as the emotional distress has been established, Winnie can sue for damages in the nature of duress. References Andrews, N 2015, Contract law, 2nd edn, Cambridge University Press, UK. 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