Describe The Remedies Available For Breach of Contract Essay

When signing a contract not only are you agreeing to the terms of this contract you are agreeing to the consequences if breach the contract. There are many remedies available if one of the party’s breaches the contract and if the party who breached the contract doesn’t agree to the consequences then the matter will be taken to court. A breach of contract can be defined as a party failing to perform, precisely and exactly, his obligations under the contract. However a party can only treat the contract as discharged in three situations: -Renunciation Renunciation is where a party refuses to perform his obligations under the contract. -Breach of Condition The second breach occurs where the party has committed a breach of condition. -Fundamental Breach The third breach is where the party in breach has committed a serious breach of a term in the contract or totally fails to perform the contract. In most cases a breach of contract will result in damages being paid. The point of damages is to put the injured party in the same financial position he would have been in had the contract been properly performed. Damages are not always a suitable remedy so sometimes other remedies are put into place e.g. Injunction. -Damages In order for the innocent party to actually get awarded damages they must be able to prove they suffered a loss from the contract not being fulfilled properly. The court has to think about two things when deciding to award someone damages and they are: -Remoteness For what consequences of the breach is the defendant legally responsible? -The measure of damages The principles upon which the loss or damage is evaluated or quantified in monetary terms. This can only be determined after the first. If paying damages isn’t sufficient enough then obviously they have to look at other remedies, which include: -Specific Performance -Injunction Specific Performance Specific performance is where the court orders a positive contractual obligation. There are many circumstances where specific performance is not available: -Damages provide an adequate remedy. -Where the order could cause undue hardship. -Where the contract is of such a nature that constant supervision by the court would be required. -Where an order of specific performance would be possible against one party to the contract, but not the other. – Where the party seeking the order has acted unfairly or unconscionably. He is barred by the maxim ‘He who comes to Equity must come with clean hands’. -Where the order is not sought promptly the claimant will be barred by the maxims ‘Delay defeats the Equities’ and ‘Equity assists the vigilant but not the indolent’. In general the court will only grant specific performance where it would be just and equitable to do so. Injunction An injunction is an order of the court requiring a person to perform a negative obligation. Injunctions fall into two broad categories: -Prohibitory injunction, which is an order that something must not be done. -Mandatory injunction, which is an order that something must be done, for example to pull down a wall which has been erected in breach of contract. Like specific performance it is an equitable remedy and the court exercises its discretion according to the same principles as with specific performance,

Prison Reform During The United States - 1456 Words

Ashlyn Frazier Taylor English IV October 20, 2015 Prison Reform in America For many years now, the criminal justice system has become stricter, causing more and more people to be arrested and sentenced to prison. As prisons become more occupied, the living conditions, health, and treatment of prisoners starts to deteriorate, which has become a trend over the last few decades. However, President Obama has noticed this prison environment and has taken a stand in saying that something needs to be done about it. Though many people would argue that prison reform is unnecessary because prisoners deserve to be treated poorly, there is sufficient evidence that shows that the current conditions end up doing more harm mentally and physically to the†¦show more content†¦It is unnecessary for many of these criminals to be held in prison since there isn’t any room for them in the first place. One way that the federal prison system can ease the overcrowding problem would be to simply release the non-violent criminals back into society with a fine or on pr obation. The overcrowding that is contained within many prisons causes the facilities to become more and more inhumane with the number of prisoners added each year. Many prisons suffer from lack of resources for their inmates such as proper medical facilities, extra prison cells, and resources to reduce idleness, which causes the conditions of the prisons and the treatment of the prisoners to worsen. With overcrowding, prisoners become victims of unconstitutional treatment, and many will suffer and die if this chronic overcrowding continues (Mayeux 9). Though many people would argue that prisoners deserve the harsh conditions that come with overcrowded prisons, they need to remember that prisoners are people too and are subject to the same natural rights as every American citizen, including the eighth amendment which declares â€Å"no cruel or unusual punishment†(Brown v. Plata 1). The supreme court case Brown v. Plata actually states that the overcrowded population of prison s is a violation of one’s constitutional rights (Brown v. Plata 1). But overcrowding doesn’t just effect prisoners, it also

Memorize Latin From the Aeneid by Vergil/Virgil

One technique that may help if you are trying to re-learn Latin is to memorize a chunk of Latin poetry and make it your own. For this purpose, you might want to memorize the first 11 lines of Vergils (or Virgils) Aeneid. Arma virumque cano, Troiae qui primus ab orisItaliam, fato profugus, Laviniaque venitlitora, multum ille et terris iactatus et altovi superum saevae memorem Iunonis ob iram;multa quoque et bello passus, dum conderet urbem,inferretque deos Latio, genus unde Latinum,Albanique patres, atque altae moenia Romae.Musa, mihi causas memora, quo numine laeso,quidve dolens, regina deum tot volvere casusinsignem pietate virum, tot adire laboresimpulerit. Tantaene animis caelestibus irae? Listen to Robert Sonkowsky reading this passage to get a sense of the pronunciation and rhythm of Classical Latin. After you have begun to learn the passage, read a translation and try to make the translation and the Latin go together. What you do with this chunk of Latin is up to you. You may just keep it in mind as a reminder of the word order in Latin – the first clause is â€Å"arms and the man I sing,† with the verb at the end. Or the fact that certain sentences, like the final question, don’t require an expressed verb at all. Or you may keep the whole passage in mind to remember the names, (Juno, Lavinia, Latium, Italia, Troy, and Alba). Or to try to make sense of the early legendary history of Rome. But here is my suggestion. After you have the passage down cold, try writing your own translation into good English. Then try reverse translating back into Latin prose. The purpose is not to do worry too much about the syntax but to see how different your phrase structure is from Vergil’s . If nothing else, this should give you an appreciation for the variety provided by the Latin language. Example: I sing about arms and the manarma et virum ego cano.

The Fate Of Humanity Is Today Essay - 1433 Words

â€Å"A child is a person who is going to carry on what you have started. He is going to sit where you are sitting, and when you are gone, attend to those things you think are important. You may adopt all the policies you please, but how they are carried out depends on him. He is going to move in and take over your churches, schools, universities and corporations. The fate of humanity is in his hands† - Abrahm Lincoln Introduction A nation is what its citizens are. The destiny of a nation is totally in the hands of its citizens. Equally true is the fact that today’schildren are tomorrow’s citizens. They deserve proper care in terms of health, nutrition, ethics, spirituality and education. When a child is young he cannot distinguish between what is correct and what is incorrect, what is wrong and what is right, what is good for him and what is not. It is at this stage that he deserves constant guidance at every step. Gradually as he matures, he can distinguish between what behavior is expected of him and which behavior shall not be accepted by the society. This generally happens when a child has reached the adolescent age. Adolescence comes with its own problems and peer pressures. The parents have to be more careful at this particular stage because the child is now entering into a different world altogether believing himself to be mature. He tends to be rebellious, secretive and a little closer t o his age mates whom he calls his† friends†. The busy life schedules of parents, theShow MoreRelatedSophocles Oedipus The King884 Words   |  4 PagesKing, exposes troubling truths about the human condition and, acting as an exemplary precaution for the entirety of humanity, demonstrates how a self-destructive struggle between love, anger, and fate, conveyed through an unorthodox love affair between mother and son (Who gets custody in a divorce?), an inhuman fight where son slays father and an uncomfortably persistent aphorism that fate trumps all relates to not only the prehistoric Athenians who saw the play live but to the modern man, some two-and-a-half-thousandRead MoreThe Iliad Essay1452 Words   |  6 Pagesthat it is an illustration of humanity. It is an illustration that a man or womans life exists with conflict. The Iliad illustrates that it is human nature to create and live with conflicts, whether by choice or not, in order to have purpose in life. Huma nity creates conflict by means of external and internal struggles, conflicts in humanitys own created ideas, conflicts in love, and even in times of peace, man create conflict. In terms of external struggles, humanity creates his own external conflictsRead MoreThe Dream Factory For Hollywood1640 Words   |  7 Pagesindividual in the audience will in his or her entire life will imagine the extinction of the world. It is obvious that no audience of this film will get enough of the end of the world as depicted by the deadly virus that almost wipes out the entire humanity in the years between 1996 and 1997. The film contributes to the apocalyptic popularity because of its particular effect and explosive finales of scenes. The threatening themes and actions of the film â€Å"Twelve Monkeys† are the key issues that contributeRead MoreKurt Vonnegut s Slaughterhouse Five, Billy Pilgrim Question913 Words   |  4 Pages In today’s world we question the problem of free will and it’s understanding. Is the nature of humanity characterized by the ability to chose for oneself or through our understanding of physical laws. Is there any room for i ndividuality when and if the world operates under these fundamental laws or whether God has already created a â€Å"path† for us to follow? When this question comes up people tend to want to forget about it. Kurt Vonnegut abjects this illusion of free will in his novel by his useRead MoreSocietys Fate in Brave New World by Aldous Huxley994 Words   |  4 PagesSociety’s Fate â€Å"It has become appallingly obvious that our technology has exceeded our humanity† (Albert Einstein). Although the future remains difficult to predict, some ideas develop the undeniable fate of society. Throughout Brave New World, Aldous Huxley explains predictions for the future of society. The story begins by introducing Bernard Marx and his discovery of John, and his mother Linda on the reservation. This unfolds into John realizing the degree to which society has stripped theirRead MoreModern Day Iraq And Kuwait1107 Words   |  5 Pagesask. Mesopotamian religion lasted centuries, and during those times the circumstances changed. The flux in power between city-states led to a change in head god each time. These gods all came with different attributes, roles, and relationships with humanity. First came An of Uruk, who was the original head god, but then came Enlil of Nippur who eventually surpassed An, and finally there was Marduk of Babylon who put them both to shame. The first head god, An, originated in the city-state of NippurRead MoreAnalysis Of Frankenstein The Modern Prometheus 1123 Words   |  5 PagesBrian Markewicz 3/31/15 Per. 5 English CP Frankenstein the Modern Prometheus You must not lose faith in humanity. Humanity is an ocean; if a few drops of the ocean are dirty, the ocean does not become dirty. Mahatma Gandhi. In Frankenstein, the creature encounters many judgmental people that are mean to him at first glance. The story of Frankenstein compared to real life has many of the same problems. This story relates and will relate to society throughout time because these problems areRead MoreOedipus Rex Essay1335 Words   |  6 Pagescrossroads, that drank my father’s blood offered you by my hands, do you remember still what I did as you looked on, and what I did when I came here?† (Oedipus Rex, 1575-1580). Precisely placed at the crossroads of fate and autonomy, Oedipus struggles to define what, exactly, is fate and what, exactly, is left to his own discretion; Oedipus Rex challenges the common thought of Greek Society. Transcending more than one thousand years, questions often posed within the context of this play come to lightRead M oreStaying Human by Dinesh DSouza Essays837 Words   |  4 PagesHumanity within Techno-utopia Dinesh D’Souza, the author of Staying Human, is originally from Bombay, India. In 1983, he earned his Bachelor’s degree from Dartsworth College. D’Souza is known as a leading conservative thinker, who wrote for numerous magazines, notably the National Review (McGraw-Hill 816). Dinesh D’Souza has generalized Staying Human to inform as well as voice his opinions about the rapidly changing inventions among the human race today, which serves as a rational project toRead MoreDystopian Literature : The Dark Sides Of Our Dreams1456 Words   |  6 Pagesexpenses and benefits of technology? Technology can be fought over and also requires money, lots of money. Research for better technology costs a ton of money. Benefits would be technology making life easier, and longer, which are the overall goals for humanity. More technology also leads into two different directions, a utopia, or a dystopia. More technology could either cause more fighting, or more peace. When a country or such has technology that another country doesn’t, and that country wants it, the

Citizenship the inderviduals and society Free Essays

Some differences within equality include: Age Disabilities Gender Gender reassignment Sexual orientation Marriage and civil partnership Pregnancy or maternity Race Religious beliefs There is now a variety or legislations in place in order to make sure people re employed or in some cases not, purely on worth and qualifications and not because of their age, gender or race. Despite these being in place there is still significant inequalities, some examples of this would be: The importance of equal opportunities in society Unemployment in ethnic minority communities is, on average, twice the rate in white communities and members of ethnic minority groups find it twice as hard as white people to secure jobs. – Black and Asian people are 16% more likely than white people to be highly qualified, but highly qualified black and Asian people are more than twice as likely to be unemployed as white people. We will write a custom essay sample on Citizenship the inderviduals and society or any similar topic only for you Order Now Black and Asian people are 16% more likely than white people to be highly qualified, but highly qualified black and Asian people are more than twice as likely to be unemployed as white people. There are thousands of cases every year and many are not reported. Woman, despite the passing of the sex discrimination laws almost 30 years ago, hold fewer than of the most senior jobs in public life. % of the country’s top business leaders and national newspaper editors are women. But women account for 45% of the workforce and 30% of managers. The public sector is a leader in the area of equal opportunities and they expect their public services to lead from the front. The public services are encouraging the elimination of discrimination within the services. Then to promote good relations in local community and to ensure their workforce reflects this. It is also important for the public services to recognize that different backgrounds and cultures and that this will affect what they need from them as a service. The importance Of equal opportunities in the public services # The public services have a legal and moral responsibility to eliminate discrimination within the service and to remote good relations between them and the population in its local community. The public services should ensure their workforce reflects the communities it services. It is important that the public services understand that the public have different backgrounds that affect what they need from them. UP: Illustrate how equal opportunities are enforced in the UK with reference appropriate legislation The equality act was enforced in October of 201 0, this new equality act replaces all previous legislations, in a single law making it easier to understand and strengthens prevention of discrimination. It also helps by setting out the different ways in which it’s unlawful to treat someone. The Equality Act 2010 covers nine protected characteristics, making it unlawful to discriminate on the grounds of: Age Disability Gender reassignments Pregnancy and maternity Religion or belief The act covers the fields of: Employment Facilities Goods and services Admission and treatment of students Most sign efficiently the extension of the public sector duty to promote equality of opportunities. Human rights act 1998 Your human rights are: 1. The right to life 2. Freedom from torched and degrading treatment 3. Freedom from slavery and forced labor 4. The right to liberty 5. The right to a fair trial 6. The right not to be punished for something that wasn’t a crime when you did it 7. The right to respect for privet and family life 8. Freedom of thought, concise and religion, and freedom to express your beliefs 9. Freedom of expression 10. Freedom of assembly and association 11. The right to marry and to start a family 12. The right not to be discriminated against in respect Of these rights and freedoms 13. The right to peaceful enjoyment of your property 14. The right to an education 15. The right to participate in free elections 6. The right not to be subject to the death penalty The Equality Act 201 0 The Equality Act 201 0 simplifies the current laws on discrimination and unfair treatment and puts them together in one piece of legislation. The Equality Act 201 0 covers nine protected characteristics, making it unlawful to discriminate on the grounds of: 1. Age 2. Disability 3. Gender reassignments 4. Marriage and civil partnership 5. Pregnancy and maternity 6. 7. Religion or belief 8. Gender 9. Sexual orientation Most significantly the extension of the public sector duty to promote equality of opportunities. The freedom of information act 2000 Personal information – you are entitled to see information held about you. Official information – you are entitled to request official information held by public authorities, including government departments, local authorities, hospitals, schools and police forces. Public sector equality duty, the general duty: The new public sector equality duty is expected to cover all of the protected characteristics apart from marriage and civil partnership and will require public sector bodies to have due to regard to the need to: Eliminate unlawful discrimination, harassment and visitation Advance equality of opportunities between different age groups; and Foster good relations between different groups Public sector equality duties, the specific duties public bodies are required to: Be open to how they have engaged with people as part of their work towards fulfilling the aims of the equal duty Demonstrate how the impact on equality has been assessed in the design if key policies and service delivery initiatives Proactively consider the equality requirements of every contract they tender The specific Duties public bodies are required to: Develop and publish equality objectives how they intend to achieve them (to e renewed at least every areas) publish a ra nge Of equality data relating to their workforce and the service they provide on an annual basis Need to public their gender pay gap figures and their employment rates for black and minority ethnic staff and disabled staff on an annual basis UP: Explain the different ways in which public services have supported society Some examples of the public services as employers supporting equal opportunities are: Creating coherent race equality and diversity policies across the service this shows that the public services have got clear rules of what they will and ill not stand for within equality and racism. They also have a no tolerance approach to bullying within the work place and support groups for people of different backgrounds and beliefs. Have selection processes designed to include not exclude – this includes having recruitment adverts to appeal to all, not to exclude different types of people. They have also got to be seen as setting an example for other employers and therefore have to have a noticeable variety in they people thy employ. Individual religious beliefs can be catered for, for example Sikh men can wear turbans as part of their inform, and Muslim women can wear hajjis and ankle length gowns while on duty – this shows that the services are willing to adapt to meet the needs of people. They also allow time off to attend religious festivals and days can be granted. There are also provisions prayer rooms and special diets. Ensuring premises are accessible to people with different disabilities and provision is made for people with hearing or sight disabilities – this includes having wheelchair ramps and automatic doors, for disabled accesses. As well as having the appropriate measures in place for people with disabilities such as sight or hearing. Although these are just a few examples of the wide range of things that this act covers, and all of these examples are supported by the 201 0 equality act, in addition they support equal opportunities. How have the public services helped society? Are service – the fire service help society by acting as a first response during accident and emergencies, some examples of these would be Art’s or house fires. The fire service also helps to educate people about fire and safety; they achieve this by going into local schools and businesses they also go to public areas and give out fire alarms. Police force ; The police force help society in a rarity of ways depending on different things, for example location, although the typical responsibilities include keeping the peace, law enforcement, and investigation of crime. Navy – The role of the navy is to help society by protecting the country by controlling and protects the seas this is so that a country can use them for economic growth; they also work as a support network for the military, and are also there to help to protect power, using marine forces. UP: Demonstrate the different ways in which public services have affected society Statutory and non-statutory public services can have a age impact within society and on one another, some examples of these include: Community support, this could be doing things like education for schools or some more challenging tasks Acting as a force group to encourage change They can also campaign for increased resources and therefore support the community better, although people think that this should not be the role of the services Influence and to encourage the government to change or bring in new laws Give the government advice about social issues such as knife crime Support and campaign issues that people may not otherwise be aware of The media A collective term for the ways in which both Statutory and non-statutory service communicate information this is made up of types of communication such as the newspaper, television, radio, internet/ social networking, books, journal articles and service magazines. Public services used media in many different ways like appealing for information, safety warnings, improving their public image. Also the way that the media portray the services affects this too as if they focus more on negatives such as deaths in custody then this may cause some resentment and anger towards them. How to cite Citizenship the inderviduals and society, Papers

ASIC v Vizard - Brief Case Study

Question: Discuss about the ASIC v Vizard. Answer: Introduction: On 4th July 2005 ASIC proclaimed that public penalty actions in the Court for the case filled against Steve Vizard. ASIC voiced that Vizard was liable to breach as he circulated important corporate information as a director of the company and it resulted gain for anyone may b for himself or for another parties.. ASIC also communicated that across the span of March to July 2000, Steve Vizard used Telstras secret information while he was engaged in trading the shares of three big listed companies namely Sausage, Computer share and Keycorp. In the media release ASIC was actually wanting informations and legal tenders related with this three issues: Proper statements that Vizard has breached the provisionsof Law on three distinct events by using material or evidences of the directorship of the company he possess. Penalties that must be inculcated on him for infringement or contravention of the rules and priovisions A disqualification that must be ordered to him for being a director in any companies for some years due to prohibition of law and not following them intentionally. Facts of the Case Mr Vizard held the non-executive directorial post of Telstra Corporation Limited. With this designation he has the ownership of the company called Creative Technology Investments Pty Limited ( CTI ) and the accountant appointed as the director and the holder of shares of the company.MrVizard with his family consisting of his wife and children was holding the shares of Brigham Pty Limited. Later on Brigham Made loans to his company(CTI) from the resources made by Mr Vizard or some related parties associated with him .It was a clear intention to divert the money and also the profits earned from the shares of CTI. This profit was spilted up and distributed between Bringham and CTI in the ratio of 90% and 10% respectively. During December 1999, Steve Vizard delivered $1 million to Bringham and to his own company .With the loan Brigham thought of purchasing the share portfolio.With these transactions Vizard gained private information as a director of the company Telstra ,and he found that the transaction would keep him gainaable(Ian, 2000). First, Telstra detained a tactical stake of around 10 % in Sausage Software Limited and Solution 6 Holdings Limited. A personal discussions between Telstra, Solution 6 and Sausage took place regarding an imaginable merger of Solution 6, Sausage Software and the attainment by Telstra of a significant concern in the amalgamated entity (theSolution 6 transaction). Then emails were sent to BOD including Steve Vizard in respect to the planned Solution 6 transaction. It was sure that when the merger become known to people then the share price of the targeted company would increase. Mr SteveVizard inculcated Mr Lay to purchase shares in the Sausage Software Ltd. The share price of Sausage software has risen significantly andCTI completed an enormous amount of unrealised profit of roughly around $140,000. Izard inculcated Mr Lay to exchange the shares just afterseven days of the announcement and a small amount of shares were exchanged at a profit. Then CIT made a loss and the share price of sausage was lowered down.. Due to this the technology so prevailing crashed, CTI lost $150,720 on the trading of SS(Lawteacher) The next was that CTI bought shares of Computer share limited. Telstra was holding some ownership of about 15% in computer share. Justice Finkelstein jotted that the CEO of Telstra informed the directors that it desired to nurture funds for the transaction of the Solution 6 company, and that it would do so by the auction of Telstra's stake in Computershare. Mr Vizard had thing in his mind that the with sale of Computer shares share would obviously make a fall of price of the shares and then VIzard advised Lays to sell shares on which the CTI would make a profit. Telstra on 13th day of July, 2000, in an public announcement declared their motive to sell their shares. Later on Telstra made the statement regarding its divestment of its shares in Computershare, and the market price of Computershare's securities fell, but then it gained maintained the same level. The next transaction was an acquisition by Telstra of an concern in Keycorp Limited. Justice Finklestein J saw that the Telstra CEO advised the directors to acquire some percentage of shares in Keycorp, It would lead to rise in price and then Mr Vizard advisedMr Lay to acquire a number of Keycorp shares. The price would increase by this and the plan of ultimately selling off the shares of Mr Lay and realise profit would be succeeded. The total amount of profit in CTIs hand was $38,364. It still nearly has 15,937 number of KC shares with them which worth $1.68 only. Legal Issues After the case, it is seen that the director should disclose private confidential information to avail any benefits. Mr.Vizard was owing the directorship of Telstra, and by obtaining fraudulent means of his position he made improper news and he advised other people to buy or sell share and he imparted speculations based on the information. This fraudulent use of the information made CTI to have an advantage and through thecompany.The other factor Court have come to an conclusion that General discouragement of conduct should be measured in commanding penalties. The second issue was that the lack of the profit was because due to deterioration in the worth of share market.A 'reduction' in penalties is suitable if there has been initial greeting of wrongdoing and teamwork with the regulator. ASIC submitted that the appropriate penalty for each contravention was $130,000. The court ordered that Mr Vizard pay penalties for $390,000, but also saw that higher penalty would not affect so much . Importantly, Impartiality Finkelstein well-known that the existing extreme penalty amount of $200,000 for each breaking had been in place for more than 13 years and may involvecharge by Parliament. Penalties for breach of 183(1) were monetary penalties of up to $200,000 for each breach and an order of prohibition in the administrative field as long as the court governs. The ASIC There would also have been compensation for any loss that would have been suffered; there would be criminal liability if there had been any dishonesty anddeclaration of a contravention s 1317E (David, 2005). Decision of the court Mr. Finklestein J on 28th of July, conveyed his judgment regarding the consequences that are to be imposed on Vizard. S 183(1) of the Act tells that a person who gets information because they are, or have been, a director or other officer or associate of a corporation must not improperly use the evidence to: A possible increase for himself gain some improvement for someone else or; have impairment to the enterprise It just says that a person who actually gain any information because they have been in any higher position of the company must not use them to cheat people or the company. The information must not be actually circulatedas if in the case he obtained corporate information while being the director of Telstra. In crux, we can say that Vizard used evidences and information that he obtained through his position as a director of Telstra to buy shares in three IT companies which Telstra had also expressed interest in. Vizard self-proclaimed the fissure and was called a civil penalty of $390,000($130000 for each breach)Section 283 and 183 is said to be prohibiting conduct which was not so demanding and serious. He was also disqualifies for being a director for 10 years for any companies. There would also have been compensation for any loss that would have been suffered, there would be criminal liability if there would have been any dishonesty. Finklestein J through his judgement identified fo ur major punishing principles - general prevention, personal discouragement, reintegration and vengeance. However, on other hand the court stated that whenever a perpetrator recognises crime and cooperates, then it results in a reduction or lessening in fine. The Judge has minutely seen the case of Vizard and was very critical of Vizards action ,both ASIC and Vizard were deceitful and a gross break of trust and that Vizard knew that what he was actually doing and he knew that was not correct. Vizards breach of trust was carefully covered and only revealed by coincidental, everything was done for personal improvement and it was only due to of the notions of the marketplace that the respondent was not able to have undue advantage.We can say that Vizard was not help as criminal and was not proscecuted.In crux, we can say that Vizard used evidences and information that he obtained through his position as a director of Telstra to buy shares in three IT companies which Telstra had also ex pressed interest in. The maximum penalty would have been $600000 that is $20000 for each breach of three contracts. The Judge went by the ASIC submission but he also as a Judge took independent decision in doubling the ASICs suggested penalty of a 5 year banning order and in its place imposed a banning order of 10 years (Sarah, 2015). Conclusion: In the end we see that ASICs repute has agonised harm because of wide fluctuating and widespread disapproval of its activities. More than the lessons that we can uderstnad from Vizard case, there are more lessons or teachings to ASIC .They made two miscalculations in their press release as announced on 4th July 2005. The news was lacking in relation of the evidence that was not disclosed Firstly no remark of the vital role played by the DPP. Its the DPP, who made a sovereign appraisal of the results of ASICs examination of Vizards portfolio of trades and moulded the opinion that there was dearth of evidence to highlight an unlawful action and activities taken up during trading by the insider. The media was not provided with this information. Second, the publications in the media was devoid of any information regarding the legal options that were offered to ASIC and the DPP for carrying implementation action against Vizard. There were powerful media and public compression on DPP and t he ASIC to focus and bring into limelight their decision creation in respect to the Vizard issue, on 28th July. A press release was published by the DPP. Much incorrect information was circulated in the media, which wade ASIC opinion critical, and it brought disrepute to them in large ways. It was very much considered that Vizard case was a case of insider trading and Vizard was liable to prosecution yet the media released the opposite. At the end it can only be said that ASIC would have defended criticism only when true facts would have revealed in the begining.The DPP completed a sovereign appraisal of the reverbration of ASICs examination of SteveVizards share of trades and moulded the opinion that there was lacking evidence to bring a unlawful action for insider trading The Judged just doubled the banning and we could easily see that ASIC has just overlooked Vizards case and took it at a lighter way.The Judge connoted Steve Vizards actions in analysing the Telstra evidence as di shonest. The evidence which has been used would actually give us the way whether it is liable to criminal proceeding or civil. The DPP media clearly stated that the case of Vizard was not a case of prosecution where in general it was.A law restructuring was needed It was a case of insider trading which was so evitable by just having a look in the case. The Judge then observed that the penalty which was imposed was not accurate and was insufficient in respect of the case and the Parliament should have full authority to increase the same and the Judge was sure that the Government would consider the same. The Judge and the people have also bought some major points that the case, which was delegated to ASIC, was being considered by ASIC and should not be delegated to any of the proceedings to evaluate (Ramsay, 2000). References Jacobson, D. (2005).Asic v VIzard.Retrieved 27 November2016 fromhttps://www.brightlaw.com.au/asic-v-vizard/ Bartholomeusz, S. (2015).Directors Duty in focus.Retrieved 27 November2016 fromhttps://youlegal.com.au/directors-duties-focus-improper-use-information/ Ramsay, I. (2000).Steve Vizard, Insider Trading and Directors Duties.Retrieved 27 November2016from https://law.unimelb.edu.au/__data/assets/pdf_file/0004/1709905/90-Steve_Vizard__insider_trading_and_directors__duties1.pdf Doube, B. .Directors Duties: Know What Youre Doing!.Retrieved 27 November 2016 fromhttps://www.bdl.com.au/commercial-business-law/directors-duties-know-what-youre-doing.html Linklaters (2005).Litigation and Dispute Resolution.Retrieved 27 November2016 fromhttps://www.allens.com.au/pubs/ldr/foclaug05.html Law teacher (2005).Director Duties.Retrieved 27 November2016 fromhttps://www.lawteacher.net/free-law-essays/business-law/director-duties-in-asic-v-adler-business-law-essay.php Hardle, J . (2014).Australian Civilpenaltie regime. Retrieved 27 November2016 fromhttps://www.unswlawjournal.unsw.edu.au/sites/default/files/comino_371.pdf Law teacher (2005).Director Duties.Retrieved 27 November2016 fromhttps://www.lawteacher.net/free-law-essays/business-law/director-duties-in-asic-v-adler-business-law-essay.php

Step-by-Step Guide On How To Write An Argumentative Essay

If you’re faced with writing an argumentative essay, you might be wondering†¦ How to write an argumentative essay? Where to start from? What am I going to write about? What are the best argumentative essay topics? Do I need to write an argumentative essay outline first? Is there a specific argumentative essay format? Those are great questions. Here come the answers†¦ Quick Links 1. What is an Argumentative Essay? 2. How to Write an Argumentative Essay? 2.1 Explore Different Topics 2.2 Five Types of Argument Claims 2.3 Determine Your Stance 2.4 Collect Evidence and Supporting Examples 2.5 Argumentative Essay Outline 3. Types of Arguments 4. Good Argumentative Essay Topics 4.1 Argumentative Essay Sample 5. Can a Professional Essay Writing Service Help You? 1. What is an Argumentative Essay? Argumentative essay is one of the most common types of essays that students will come across in their academic life. Although there are different variations of an argumentative essay, but they all share the same foundation. The writer is required to investigate an issue, pick a side and find strong evidence to prove his claim in a logical manner. Argumentative essays must not be confused with an argument as a verbal argument can occur at any given moment without a warning. Such arguments can be unreasonable and sometimes get extremely heated, but an argumentative essay is the polar opposite of that. The focus of a verbal argument is to prove who is right, whereas an argumentative essay focus on the right side of the issue in hand. The argument one presents in an essay must first be specific, reasonable, have details and sound evidence. The goals of argumentative essays are to provide the reader with point-counterpoint perspectives on topics and issues that may not be fully resolved in the existing literature or in society at large. Imagine this: the argumentative topic you choose--and the arguments you make in your argumentative essay--may actually break ground in the way the world works or in how others think about something. A compelling argumentative essay can actually change the world! With this article, we will teach you how to write an argumentative essay step by step. 2. How to Write an Argumentative Essay? Plan your work...and work your plan. An argumentative essay doesn’t need to be an enormous headache or a project so overwhelming that you don’t even know where to start. Like any major project, the best way to tackle an argumentative essay is to break it down into â€Å"baby steps.† Take the following steps as your guideline. Accomplish them one-at-a-time and before you know it, you’ll have a workable first draft that actually informs, entertains, and challenges the reader: 2.1 Explore Different Topics As we mentioned in the beginning, one of the most essential components of an argumentative essay is having a persuasive topic. While there is no scarcity of persuasive topics; you can find something in the newspaper, on TV, or you might have overheard two people arguing in your class, there must be two strongly conflicting viewpoints When you’re thinking about which topic to go for, ask yourself these questions. Why did a particular thing happen? What was its cause? Does it hold any significance? What should our reaction be towards it? Also, bear in mind that being interested in a topic and agreeing to it is one thing, but writing about it in order to persuade the reader is a different thing altogether. You need to prove that your point is logical without becoming emotional and by using concrete evidence. 2.2 Five Types of Argument Claims Once you have selected your topic, you must give considerable thought to developing your claim. There are five different types of claims. If not all then include some of them in your argumentative essay. Authenticity Whether your claim is a fact or not. Is it true, will it occur or not? Definition What exactly is it? How can we define it? How to interpret it? How to classify it? Value The importance of the issue. Is it worthy or not? How critical is it to address this issue? Cause and Effect How did it happen? What is the possible cause? What are its effects? Policy What should be done to tackle the issue? What laws should be enforced? What changes need to be made? These components play an integral part in your essay. The reader will either will change their perspective after reading about your claims. 2.3 Determine Your Stance You have decided on the topic you are most passionate about, the next step is to assess both sides of the argument. After evaluating both sides, determine the argument that you can most relate to and look for strong evidence to support your claim. The thing with argumentative essays is that in order to prove the validity of your point, you must educate the reader about both sides of the argument. 2.4 Collect Evidence and Supporting Examples Since your reader isn’t in front of you can’t use emotions or interpret the body language to see whether your point of view is convincing enough, so it is necessary to use strong proof and evidence from credible sources. When assessing a claim, consider the following points: Is the statement factual? What is its definition? What are the causes of the issue? Is the fact valuable? What action should be taken, or what should be done about it? What impact will it have on living things and our environment in general? You might want to interview the experts of the field and use it to sketch an argument. 2.5 Argumentative Essay Outline Not sure how to start an argumentative essay? Make things easier on yourself and draft an outline. You wouldn’t start out on a road trip without having some idea of where you’re going, would you? Your Argumentative Essay is your roadmap or GPS. Without it, you’re liable to wind up going in the wrong direction and find yourself stumbling around, completely lost. Just like a map...or your smartphone GPS...don’t leave home without one. The choice is yours: Avoid writing an outline...and suffer the consequences which are all too common: Disjointed writing structure. Pointless research. Convoluted composition style. Wandering point of view. Disjointed and contradictory arguments. Confused readers. A lousy grade. Write a concise, tight outline and enjoy the benefits: Your argumentative essay will practically write itself. You’ll save a lot of time and have great confidence in all that follows (and it will show in the writing). All research will be â€Å"on point† and support your argumentative topic theme Both sides of the argument will be well-reasoned; weaknesses will be easily identified. Writing each side of the argumentative essay will almost be fun. Your conclusions will be supported by evidence. Your argumentative essay will be an entertaining and compelling read. The grade you receive on your choice of argumentative topic and upon the argumentative essay itself will be highly rewarding. Okay...so exactly how do you format the outline? A typical essay outline usually consists of 5 sections. Introductory paragraph Thesis statement Body Paragraphs (1,2,3) Conclusion (Of course, the number of body paragraphs you write will vary based on your particular topic.) Writing your argumentative essay outline is no more complicated than creating an outline for a standard academic essay. In order to understand the ins and outs of crafting an argumentative essay outline, head on to this blog. 3. Types of Arguments There are three different types of arguments that you can use in your essay. Use them separately or combine them together to form your argument. Aristotelian Argument Strategy This is the most frequently used argument strategy. Here, you will highlight the problem, provide its solution. And then try to persuade the reader that you have proposed the correct solution. Toulmin Argument Strategy Toulmin argument strategy uses logic and breaks down an argument into different parts. There are six different components: claim, grounds, quantifier, warrant, rebuttal and backing. Rogerian Argument Strategy This strategy is used for topics where it is difficult to find a common ground. The entire idea is to find a point of agreement by showing to the reader that you are considering the counter argument as well. We have an entire article dedicated to argumentative essay topics. To find more interesting topics give it a read! 4. Good Argumentative Essay Topics Is a masters degree in business necessary for your business to be successful? Mobile phones as educational tools: is it the right approach? Should you be friends with your professor on social media? Every student possesses writing skills. Do you agree? Is it right to blame social media for the use of incorrect grammar? Are social networks an effective platform for communication? Do people really get a job through LinkedIn? Is Facebook legally allowed to leak private information of its users? Is it possible to earn a good amount of money from YouTube? Should Facebook, WhatsApp and Twitter be banned permanently? We have an entire article dedicated to argumentative essay topics. To find more interesting topics for an argumentative essay give it a read! 4.1 Argumentative Essay Sample Here are a few argumentative essay samples on interesting topics for your guidance. It is a good practice for students to go through different essay examples before diving straight to the writing process. If, you need a few more argumentative essay examples then give this article a read. 5. Can a Professional Essay Writing Service Help You? If the work it takes to even get started writing your argument paper is more daunting that you feel you can handle at the moment, or if you remain uncertain about how to even go about selecting a viable argumentative essay topic, now is the time to find a professional essay writing service to help you deliver a paper you can be proud of. Finding the right expert help and learning from it is often the best alternative to starting from scratch. Remember, your grades count. If you’re in doubt about your ability to deliver a compelling argumentative or persuasive essay--or even to decide upon the right argumentative essay topic--then You need to work with the best essay writing service and get the help you need. The professional essay writers at 5StarEssays are standing by, waiting to help with your academic writing. But they can only help if you contact them now. If you read this blog carefully and follow all the instructions and tips, then it is not impossible to get good grades in your essay, as you can get all the necessary essay writing guide here. Do not forget, an impressive essay leaves a long-lasting impact on your teachers and if you succeed in doing that, then success becomes your fate.