Primary letter writing paper
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Thursday, August 27, 2020
Battle Royal Essays
Fight Royal Essays Fight Royal Essay Fight Royal Essay ââ¬Å"Battle Royalâ⬠by Ralph Ellison is the anecdote about youthful African-American man who needs to substantiate himself in White prevailing society 1920s. Fight illustrious is one of the primary images that show difficulty the storyteller needed to experience to convey his discourse and that white individuals are in charge. His battle goes past the character and speaks to the battles of all African-American individuals in quest for equivalent treatment. Fight illustrious shows control White individuals have over African-Americans. Storyteller came to give a discourse however first he was requested to take an interest in the battle with his individual schoolmates. Despite the fact that the storyteller has some ââ¬Å"misgivings over the fight royalâ⬠(279), he doesnââ¬â¢t fight. ââ¬Å"There was nothing to do except for what we were toldâ⬠(280). Blacks are free individuals by law, still they keep on getting enslavementary treatment. White men are in charge of everything African-Americans want: balance, cash, employments. ââ¬Å"Everybody battled every other person. No gathering battled together for longâ⬠(281). A similar way African-Americans didnââ¬â¢t help out one another to battle against White force. They were going up against one another, looking for Whites reliability. They trusted that the best servers would get overabundance to cash and status. Blindfold added disarray and tension to the battle. ââ¬Å"I could no longer control my feelings. I had no respect. I staggered about like an infant or a plastered manâ⬠(281). Young men canââ¬â¢t foresee from what side they will get hit. They canââ¬â¢t facilitate their activities since they donââ¬â¢t have the information on their environmental factors. African-Americans were looking for uniformity however huge numbers of them were blindfolded likewise: they didnââ¬â¢t realize who to battle or how. During the battle, storytellers blindfold turns out to be free. He picks up the information on the environmental factors and can all the more likely control his activities. It gives him bit of leeway to different young men. The equivalent happens when he gets the grant. Training was accessible chiefly to white individuals. It puts storyteller one bit nearer to their level. It gives him trust that one day he can be equivalent. Fight Royal shows control white individuals had over Black individuals and the battles of African-Americans in their quest for uniformity. Grant gives the storyteller, who is illustrative of African-American culture, trust that one day he can get equivalent to white man.
Saturday, August 22, 2020
Examinations exert a pernicious influence on education Essay Example For Students
Assessments apply a malicious effect on instruction Essay Assessment is a structure/methods for testing a people capacity to act in a specific subject which might be scholarly or non-scholastic. Malignant methods something which is hurtful or has destructive impacts. Instruction is anything an individual gains from the time he is destined to the time he bites the dust. This incorporates all scholastic and non-scholarly subjects which might be fortunate or unfortunate. Having characterized the watchwords, the bases of the contention has been shaped and now let us start by talking about the geniuses of the theme. The understudy showing up for the test takes it under extraordinary strain and weight since he realizes that he has just one opportunity to demonstrate his value and in the event that he falls flat, he will be deserted for an amazing remainder. Obviously he can re-take the test following a time of a year or something like that however since he had bombed it once, it wouldnt be the equivalent. His energy of examining would have been broken and his disappointment would fill in as a disheartening element. Accordingly he would most likely show a more terrible exhibition the subsequent time and wind up losing a year. The other point for the theme is that the understudy might be acceptable at the subject itself however may not be a decent examinee since he will be unable to endeavor completely the inquiry in the set timespan. This may not allow to the understudy to communicate completely and in a thorough way, his assessments and perspectives. Take the case of this paper. In the event that I were given this paper in the assessment, I will most likely be unable to clarify every single point appropriately in view of the restricted time I would have been distributed. Let us presently make a supposition that the understudy can complete the inquiry in the designated time. Be that as it may, his penmanship is hard to comprehend and his paper is loaded up with scribblings towards the end. The understudy has no information on the inspector nor of his temperament/perspective at the hour of checking. All in all, what occurs if the inspector is feeling disappointed? As a matter of first importance, his temper develops as he gazes at the messy paper lying before him. At that point he takes a full breath and starts perusing the paper. When he wraps up the principal section he can take nothing else of the horrible composition and experiences the remainder of the paper perusing a couple of sentences to a great extent. At the point when he reaches as far as possible of the paper, his psyche contains looks at what the understudy has composed and gives checks in like manner which are ten-to-one exceptionally low. This outcomes in the understudy getting a poor quality and his future is totally or to an enormous degree demolished. Aside from this the last not many papers checked by the analyst as a rule acquire aâ low grade in light of the fact that at that point the inspector is exhausted checking papers and furthermore by the redundancy of focuses. At the point when an understudy realizes that he needs to read for a specific assessment and follow a set prospectus, his methodology towards that subject is limited. This limits his insight into the subject despite the fact that he might want to contemplate it from a more extensive viewpoint. The component of time restrains the understudies answer to memory as opposed to examination. Since the current time is amazingly short, the understudy thinks that its difficult to sort out all the focuses. In this manner, he clarifies all the focuses that are in his psyche in an arbitrary request which ruins the progression of the appropriate response and furthermore drives the understudy to committing a ton of errors, a large portion of which he could have in any case maintained a strategic distance from. Likewise, this leaves the understudy with next to zero time to check his paper for spelling and accentuation blunders. .u00157c0ab9fd7a9bddd3bc02f6fcdeed , .u00157c0ab9fd7a9bddd3bc02f6fcdeed .postImageUrl , .u00157c0ab9fd7a9bddd3bc02f6fcdeed .focused content zone { min-stature: 80px; position: relative; } .u00157c0ab9fd7a9bddd3bc02f6fcdeed , .u00157c0ab9fd7a9bddd3bc02f6fcdeed:hover , .u00157c0ab9fd7a9bddd3bc02f6fcdeed:visited , .u00157c0ab9fd7a9bddd3bc02f6fcdeed:active { border:0!important; } .u00157c0ab9fd7a9bddd3bc02f6fcdeed .clearfix:after { content: ; show: table; clear: both; } .u00157c0ab9fd7a9bddd3bc02f6fcdeed { show: square; progress: foundation shading 250ms; webkit-change: foundation shading 250ms; width: 100%; haziness: 1; change: murkiness 250ms; webkit-progress: mistiness 250ms; foundation shading: #95A5A6; } .u00157c0ab9fd7a9bddd3bc02f6fcdeed:active , .u00157c0ab9fd7a9bddd3bc02f6fcdeed:hover { darkness: 1; progress: obscurity 250ms; webkit-change: haziness 250ms; foundation shading: #2C3E50; } .u00157c0ab9fd7a9bddd3bc02f6fcdeed .focused content zone { width: 100%; position: relative; } .u00157c0ab9fd7a9bddd3bc02f6fcdeed .ctaText { outskirt base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: striking; edge: 0; cushioning: 0; content improvement: underline; } .u00157c0ab9fd7a9bddd3bc02f6fcdeed .postTitle { shading: #FFFFFF; text dimension: 16px; text style weight: 600; edge: 0; cushioning: 0; width: 100%; } .u00157c0ab9fd7a9bddd3bc02f6fcdeed .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; fringe: none; outskirt span: 3px; box-shadow: none; text dimension: 14px; textual style weight: intense; line-tallness: 26px; moz-outskirt sweep: 3px; content adjust: focus; content design: none; content shadow: none; width: 80px; min-tallness: 80px; foundation: url(https://artscolumbia.org/wp-content/modules/intelly-related-posts/resources/pictures/straightforward arrow.png)no-rehash; position: total; right: 0; top: 0; } .u00157c0ab9fd7a9bddd3bc02f6fcdeed:hover .ctaButton { foundation shading: #34495E!important; } .u00157c0ab9fd 7a9bddd3bc02f6fcdeed .focused content { show: table; tallness: 80px; cushioning left: 18px; top: 0; } .u00157c0ab9fd7a9bddd3bc02f6fcdeed-content { show: table-cell; edge: 0; cushioning: 0; cushioning right: 108px; position: relative; vertical-adjust: center; width: 100%; } .u00157c0ab9fd7a9bddd3bc02f6fcdeed:after { content: ; show: square; clear: both; } READ: Do you swear EssayWhat occurs on the off chance that you are a brilliant understudy however are wiped out upon the arrival of the assessment or are feeling the squeeze outer to the assessment? Imagine a scenario in which your answer is one-sided or preference and clashes with the sentiments and perspectives on the analyst. In such cases, understudies get low evaluations despite the fact that its not their issue and they can't help in any capacity. They accordingly need to languish over a mind-blowing remainder. Let us presently analyze the cons of the theme. The most significant con of the point might be that it gives a base to individuals having a place with all classes of the general public to show their value. What's more, in the event that the general public did not depend on the rank framework, at that point individuals from the low classes would have the option to get high posts and go far throughout everyday life on the off chance that they perform well in the assessment. Along these lines they would have the option to accomplish all that they had so far just longed for. Assessments can be taken as a trial of an understudies information about a specific subject which would tell the understudy where he remains among others, and the amount he knows and the amount he should know. For example we as a whole realize that we need to perform deeds of goodness in this world so as to achieve salvation in the following period of life, yet what number of us play out this obligation? Ultimately, assessments can be considered as a standard of estimating how solid an understudy comes out under extraordinary conditions. In the end, I might want to give my own perspectives on the theme. As I would see it, assessments don't affect training in such a case that ideal, the understudy may gather additional data regarding the matter through research however he doesn't really need to actualize it in his answers. Likewise, since all the understudies taking the assessment are decided on a similar material, it gives a strong base to making a decision about an understudies capacity to act in a specific subject or calling.
Friday, August 21, 2020
How to Write a Research Paper Online For Free
How to Write a Research Paper Online For FreeWriting a research paper online for free is not always easy. You have to take extra care and due diligence when writing a research paper online for free. It will help if you can find some expert advice in the process.You will be able to accomplish your goal of writing a research paper online for free by following some guidelines, tips and ideas that will help you write a research paper online for free without losing out on your intended goal. You will be able to write the best research paper if you do some work ahead of time so that you are prepared for it when you are ready to start writing.Before you can start to write a research paper online for free, you will need to know what you are going to write. You have to consider the points that you would like to cover in your paper. These points may include: what are the things that you have learned from the topic; what is the exact study you are doing; and what specific findings have been rea ched from the study.The idea behind writing a research paper online for free is to get people to read your paper. Your research paper will be recognized by those who read it as a good and useful research paper. However, you will also want to try to make it as easy as possible for them to read it. You should only use bold font in the information that you want them to read.Make sure that you also have enough information to go around. You do not want to be bogged down by too much information. Also, make sure that you divide your information into the points that you want the reader to focus on.Be sure that you have not run out of ideas. You can always take what you have written and write something new. Just remember that you will still have the benefit of your original point of view. This will give you an added point of view to write on in your paper.Make sure that you find out what different results other people are getting. Find out how others have used in your research paper to write their own. This can be very useful in helping you to write a research paper online for free that others will find useful.With these tips in mind, you can begin writing a research paper online for free. It is important that you take your time so that you can reach your goals. This way, you will be writing the perfect research paper that will be recognized by your peers and by the people who will read it.
Monday, May 25, 2020
The Gap Between Rich And Poor - 2458 Words
The focus of the research is on the gap between rich and poor in the United States. Especially in income inequality, how the shares are distributed among families and in what ways are the poor affected. Also, to show how the gap between the rich and poor alternated throughout the years. The gap between them is expected to increase resulting in serious threat. This is because the poor are dealing with weak health, negative energy, unwilling to work and a higher proportion of bad behavior since they donââ¬â¢t have hope. Since their voice is not heard, the United States will lose a lot of talents and skills of those young poor people who lack the ability to reach their voice. Also, as the gap between the two increases, middle class people will also get affected. The middle class will be considered from the poor because the richââ¬â¢s wealth will increase and their income will decrease. Background and focus of the research: According to (Leonard, 2010) state of the world 2004 report shows that worldââ¬â¢s richest population, which is 20 percent of the world population is accountable for 76.6 percent of the total of private consumption. Middle class people who are 60 percent of the worldââ¬â¢s population are using 21.9 percent of worlds private consumption. Also, the worldââ¬â¢s poorest class is approximately 20 percent of worldââ¬â¢s population. They are using 1.5 percent of worlds private consumption. (Leonard, 2010) The gap between rich and poor people shows inequality between them.Show MoreRelatedThe Gap Between Rich And Poor1262 Words à |à 6 PagesDown Easy and Up Hard Continuously, both poor and rich people will always exist. Rich people are mostly born from wealthy families. The more they work, the richer they get. Furthermore, the less rich people work, it can be a source of downfall to their economic stability. As for poor people, it can be a tough situation for them to acquire a higher professional position. In regards people, they need to work extremely hard to get to the middle class and then perhaps to a higher class. It is saidRead MoreThe Gap Between The Poor And The Rich849 Words à |à 4 PagesIn the article named ââ¬Å"wealthâ⬠written in 1889,the author, Andrew Carnegie stated his opinion on the widening gap between the poor and the rich. In the late 19th century, the conflict between different social classes is getting worsen. ââ¬Å"The problem of our age is the proper administration of wealth, so that the ties of brotherhood may still bind together the rich and poor in harmonious relationship. â⬠1. People consider th is difference as unfair and should be criticised. However, Mr Carnegie believeRead MoreThe Gap Between The Rich And The Poor900 Words à |à 4 Pages cite the gap between the rich and the poor as a very big problem. And notably, it is the leading economic concern in the eyes of people in major economies such as China and Germany, at 42 and 39 percent, respectively, according to the new Pew Research survey. A global median of 29 percent say their governmentââ¬â¢s actions are to blame for inequality, making it the leading cause cited. People in advanced economies, in particular, believe that their governments are responsible for the rich getting richerRead MoreThe Gap Between The Rich And The Poor1575 Words à |à 7 Pagesis an issue not foreign to the American people. The gap between the rich and the poor has irrefutably increased over the past five decades and continues to grow to massive extents. It is not the presence of this imbalance that is in question, but rather whether or not this imbalance hinders the average, working Americanââ¬â¢s chance at upward mobility. This is a prevalent topic among society today because the wealth gap between the rich and the poor could essentially have detrimental effects on our economyRead MoreThe Gap Between Rich And Poor Essay2102 Words à |à 9 PagesCEO of Mckinsey Social Initiative, Helene D. Gayle, once said The difference between rich and poor is becoming more extreme, and as income inequality widens the wealth gap in major nations, education, health and social mobility are all threatened. This difference between rich and poor referred to by Dr. Gayle is becoming more and more apparent in many cities across America. One way to analyze this divide between the upper/middle class and the lower class is by examining the use of public spaceRead MoreThe Gap Between The Rich And Poor Essay1839 Words à |à 8 PagesI was born and brought up in Nairobi, Kenya. Demographically, my family was typically part of Kenyaâ â¬â¢s urban poor. As a young boy, I was constantly confronted by the realities and debilitating impact of poverty. At the age of twelve, I was transferred from a Nairobi-based primary school to a boarding primary school in rural Kenya where I eventually excelled and emerged the best in the district during national examinations, earning me admission to one of the best high schools in the country. WhileRead MoreThe Gap Between Rich And Poor1760 Words à |à 8 Pages Advancement in technology has contributed to increase and develop Globalization around the world. It cannot be denied that this process is helping to make the life style of some people better. However, the gap between rich and poor keeps widening. This essayââ¬â¢s goal is to explore and try to understand how positive/negative Globalization is. We will discuss the benefits provided by technology to the whole world. But as well, how this benefits can have a boomerang effect. We will try to identifyRead MoreRising Gap Between Rich And Poor1714 Words à |à 7 Pagesstatus compared to rich people, to workers not receiving the same rights, it generates a negative outcome in most scenarios. There are many people living in the world who are classified under two categories; the ones who are wealthy and are able to afford more than enough of their needs and plenty more of their wants, and the ones who are just about surviving with their basic human necessities. There are numerous factors which are a cause of rising gap between the rich and the poor, major issues beingRead MoreThe Society Gap Between Rich And Poor912 Words à |à 4 Pages The society gap between rich and poor keeps growing year after year, the rich get richer, and the poor get poorer. As Trump once said ââ¬Å"My dad gave me a small loan for a million dollarsâ⬠, thatââ¬â¢s a small amount compared to what the poor minds think. When the poor think of a million dollars we think a future filled with great things. The rich think of it as pocket change, they will waste it on stupid, useless things. Mis-education, lack of diversity, and the gap between rich and poor are very commonRead MoreEducation Gap Between Rich And Poor929 Words à |à 4 PagesIt is believed that the gap between the rich and the poor is getting better as time goes on but in fact the gap, specifically in education, is getting worse. Education Gap Between Rich and Poor Is Growing Wider is an article written by New York Times jo urnalist Eduardo Porter and the article explains how the gap between the rich and poor is deteriorating the futures of many kids. Porter talks about how race is no longer the main cause of division amongst people, social class is. This article explains
Friday, May 15, 2020
Research on the Indian Software Export Sector - 1362 Words
INTRODUCTION: My area of research will focus on the Indian software export sector. After concisely discussing the main features of the industry, will evaluate the major challenges it faces and assess its prospects for the future. To concentrate my study on the topic; I have chose to do the case study of Indian company ââ¬ËInfosysââ¬â¢. It was found in 1981 in Bangalore. It is one of the most appreciated and esteemed companies in India that provides technology, business consulting, engineering and outsourcing services. Only a minor share of proceeds comes from domestic sales. It is primarily an exporting firm, and one with global reach. It was first listed on the Bombay Stock Exchange in 1993 and in 1999 on the U.S based NASDAQ. The company specializes in software development and provides maintenance and independent validation facilities to companies in finance, banking, manufacturing, insurance and other fields. One of its famous products is Finacle, a complete banking solution for retail and corporate banking with different models. (Carmel Erran, 2006) As the market is expanding globally and becoming more and more competitive each day, my hypothesis is that every company needs a good marketing strategy to be successful. Increasing global trade and sales activity all across the world has heightened the significance of exporting for organizations and countries. Exporting is crucial and has numerous benefits for organizations and countries. For an organizationââ¬â¢s growth orShow MoreRelatedWhatà ´s the Information Technology Industry? Essay1389 Words à |à 6 Pagestechnology, such as computerhardware, software, electronics, semiconductors, internet, telecom equipment, e-commerce and computer service. In a business context, the Information Technology Association of America has defined informations technology as the study, designs, development, applications, implementation, support or managements of computer-based information system. The responsibilities of those working in the field include network administrations, software development and installations, andRead MoreAn Analytical Study of the Impact of Dollar-Rupee Movement on Indian Equity Market.1104 Words à |à 5 PagesSYNOPSIS 1. TITLE OF THE STUDY: An analytical study of the impact of Dollar-Rupee movement on Indian equity market. 2. INTRODUCTION TO THE STUDY: The study is about how the Rupee appreciation or Rupee depreciation against Dollar impacts the investors in Indian equity market. The study details about the concepts of Currency fluctuations, Rupee appreciation and Rupee Depreciation. * Currency fluctuation There are mainly two ways by which currency rates are managed. Firstly, countriesRead MoreIndia s Competitive Position Of India Essay2150 Words à |à 9 Pagesinternational market for IT services and software. IT enabled Services-Business Process Outsourcing. The growth in the service sector in India has been led by the IT sector and it is contributing to increase in gross domestic product (GDP). The major cities of this sector s exports are Bangalore, Hyderabad, Chennai, Delhi, and Mumbai. The market size of the industry is expected to rise to US $ 225 billion by 2020 considering Indiaââ¬â¢s competitive position. Today IT sector leads the economic growth in termsRead MoreEvolution of Information Technology and Its Emergence in India2110 Words à |à 9 Pagesits nascent stages, globally as well as from the Indian perspective. We have tried to take into account the tremendous growth of the IT sector in India and single out the advantages faced by the Indian IT sector. We have als o looked into the performance of the Indian IT industry and its derivatives. This paper gives a basic snapshot of the current Indian IT industry scenario and its growth prospects. It also mentions the challenges faced by the Indian IT industry, the role of the current big playersRead MoreComparison Between India and China on Service Sector1981 Words à |à 8 PagesA COMPARITIVE STUDY ON BOOM OF SERVICE SECTOR IN INDIA AND CHINA BY, R.SRIRAM ABSRACT Service Sector in India today accounts for more than half of Indias GDP. According to data for the financial year 2011-2012, the share of services, industry, and agriculture in IndiasRead MoreThe Psychometric Properties Of Connor Davidson Resilience Scale1048 Words à |à 5 PagesResilience is of great importance for individuals working in complex and instable environments. Individual Resilience is the ability of the individuals to bounce back and sustain in the facade of adverse conditions. Research revealed that resilient employees are more likely to be productive, agile and innovative during the turbulent times, thereby making it essential to have an individual centric measure of resilience. Many such instruments are available in the literature but there is no resilienceRead MoreSwot Analysis of It Industry2556 Words à |à 11 PagesIndian Software Industry In 1998-99, the software industry in India was worth Rs. 158.9 billion (US$ 3.9 billion). If the value of in-house development, which is taking place at many large corporates, is added then the figure would touch around Rs. 190 billion (US$ 4.6 billion). This phenomenal growth has not been achieved overnight. The C.A.G.R (Compounded Annual Growth Rate) for the Indian software industry revenues in the last five years has been 56.3 percent. Here the C.A.G.R. for the softwareRead MoreIndi The Next Economic Superpower1540 Words à |à 7 Pagesestimates for China, which stand at 6.8 and 6.3 percent for 2015 and 2016, respectively, and leaving India the fastest growing major emerging economy in the world. The IMFââ¬â¢s projections represent a substantial increase from the actual growth rates of the Indian economy in 2013 and 2014, when the economy grew by 5 and 5.8 percent respectively. The IMFââ¬â¢s World Economic Outlook projects global economic growth at 3.5 and 3.7 percent in 20 15 and 2016 respectively. India is an emerging market with a young workforceRead MoreSalient Features of Indian Economy8291 Words à |à 34 Pagesââ¬Å"Salient Features of Indian Economy Promotion of Foreign Investment and Businessâ⬠PART-II Paradigm shift There have been fundamental and irreversible changes in the economy, government policies, outlook of business and industry, and in the mindset of the Indians in general. 1. From a shortage economy of food and foreign exchange, India has now become a surplus one. 2. From an agro based economy it has emerged as a service oriented one. 3. From the low-growth of the past, the economy has becomeRead MoreExport Assistance and Incentives3006 Words à |à 13 PagesINTRODUCTION Export incentives Devices used by countries to encourage exports. These can include tax incentives for exporters, allowing them exemptions from the normal provisions of anti-monopoly legislation, preferential access to capital markets, priority Developing countries have started manufacturing industries only recently. As a result, their cost of production generally tends to be high because of the following reasons: ïÆ'Ë Total market availability within the country is small with the result
Wednesday, May 6, 2020
The Last Duel by Eric Jager Essay - 1709 Words
Story of the duel to end all duels In the story The Last Duel by Eric Jager, fourteenth century in medieval France, a knight by the name of Jean de Carrouges challenges a squire, Jacques Le Gris, to a duel. The reason for this trial by combat, a court-ordered duel intended by fate of God to determine the truth, was to seek vengeance for the sake of his own honor. The wife of Jean Carrouges was the young, beautiful, good, sensible, and modest Marguerite. She was expected to maintain a ladylike mannerism and remain loyal to her husband. When the couple traveled to Capomensil to visit Carrouges mother-in-law Marguerite stayed under her watch while Carrouges set out on a journey in desperate need of cash. While away on his journeyâ⬠¦show more contentâ⬠¦It wasnt possible for him to succeed in this crime alone, so he had to of had help from someone. His companion in this attack was a squire by the name of Adam Louvel, who Jacques secretly summoned after he learned of Carrouges plan to visit Paris. Louvel served unde r Carrouges in the Cotentin campaign and actually knew him well. Ironically Louvel had a house in Capomesnil, where Marguerite was staying with her mother-in-law. It is very possible that since Le Gris knew Carrouges was leaving on a journey he could have traveled to Capomesnil and stayed with Louvel until his opportunity arose when Nicole de Carrouges left the house for a short amount of time to handle business in Saint-Pierre. This is where my suspicions of Le Gris having everything planned grew because he must have known Nicole was called away to a town six miles away, and accordingly planned and timed when he would enter the home, how long it would take to complete the brutal attack, and enough time to leave and form an alibi. Jacques Le Gris was established as a man who was known for seducing women. It was rumored his approach to Marguerite was an offer of money for sex, but she did not care for his money and wouldnt submit herself to his will. This is when the encounter became physical because Le Gris was going to get what he wanted wether she liked it or not. For a woman, Marguerite fought long and strong, but with the muscle between a man
Tuesday, May 5, 2020
Case Studies Business and Corporate Law
Question: Discuss about theCase Studiesfor Business and Corporate Law. Answer: Issues: Is the partnership bound by Lances contract with Mighty Motors Pty Ltd? Can the partnership take action against Lance? Rules: The law, under the Partnership Act, sets out various tests on the effect of a partners relationship with outsiders on the partnership as a whole. Generally, the acts of one partner authorised to act or carrying on the usual business of the partnership bind the partnerships as a whole. The exception is where the acting partner lacks authority and the third party on whom he has undertaken a contract is aware that such authority is lacking(Gibson Fraser, 2013). As such innocent partners can be held liable where an agreement between one partner and an outsider falls through as held in Watteau v Fenwick (1893). In this case, the defendants were partners who owned a hotel together. The hotel was managed by one partner who had his name on the hotel door as well as on the hotel license. The partners had forbidden the manager from purchasing cigars on credit; however, he went ahead to purchase them from the plaintiffs. The plaintiffs later sued the partnership to recoup the price afte r they had not been paid for. The courts held that the defendants as a whole were liable as the plaintiffs were unaware of the partners lack of authority and the cigars were such as those that would be supplied and sold in a similar establishment. Additionally, there exists a fiduciary relationship between partners to act in the best interest of the partnership as a whole and each of the partners as well. This relationship was outlined in Birtchnell v Equity Trustees, Executors and Agency Co Ltd (1929) where court recognised that the existence and operations of a partnership were dependent on the mutual confidence and trust among partners. Breach of this trust or fiduciary relationship can result in termination or the relationship or a claim for damages to the extent of the said breach(Latimer, 2012). Application: In the case study provided, Lance was acting as an agent of the partnership and on its authority to purchase a vehicle. He had a duty to ensure the purchase was in the best interest of the partnership and limited to the amount stated. Lynton, the salesperson, was aware of Lances authority but was unaware of the limitation to the purchase. With this in mind, it is clear that the partnership is bound by Lances contract with Mighty Motors Pty Ltd because, in so far as Lynton was aware, Lance had the authority to make the purchase of the vehicle and as such the partnership is liable to pay the full amount agreed on. However, the partnership can file a claim for breach of fiduciary duty against Lance to recoup the amount in excess; Lances knowingly exceeded his authority and this was not in the best interests of the partnership. Conclusion: The partnership is bound by Lances contract with Mighty Motors Pty Ltd to purchase the Ute, however, it can sue Lance for breach of duty and recover the exceeding as indemnification. Issues: Do consumers have a remedy regarding the false advertisement claims of the moisturiser to slow ageing effects? Will Saqlaim be bound by the contract? Rules: According to section 29 of the Australian Consumer Law, it is an offence for a person or business in the course of trade to make any false or misleading claims on their commodities. False or misleading claims on the standard, values, grade, quality, use or any other characteristic of a product or service that would induce a party to purchase are considered unlawful. In ACCC v NuEra Health Pty Ltd (in liq) (2007) a clinic purported to be selling a system and products which it claimed could cure cancer and prolong the life of a cancer patient. These claims were false and found to be a breach of the Trade Practices Act 1974 which preceded the Australian Consumer Law s.29. The law provides for various forms of mistake that would avail contractual remedies for parties who enter into a contract with a mistaken impression of a certain aspect of the agreement(Clarke, 2010). One of these forms, although rare, is non est factum; it is established where once of the parties to the contract can prove that they were mistaken as to the nature of the agreement they signed or entered into and that this mistake is not of their fault or negligence. Illiteracy, foreign language, or visual impairment can be one of the factors relied on to prove lack of understanding(Chew, 2009). In Petelin v Cullen (1975), Petelin was identified as illiterate and had limited knowledge of the English language. Cullen convinced him to sign a document which he believed was the receipt of $50 when in fact it was an option to purchase his land. Cullen sued for specific performance but the court held that Petelin was mistaken out of no fault of his own and could rely on non est factum as a d efence. Application: Firstly, the provisions of the Australian Consumer Law, avail a remedy to consumers who were misled by the false representations of the partnership with regard to the ability of the moisturiser to slow down ageing. This misrepresentation falls under the scope of offences outlined in the act and bears a penalty on the fraudulent party. As such, aggrieved consumers can rely on this provision for recourse. Secondly, with regard to Saqlaim, the contract binds him only in so far as the partnership can prove he understood the nature of the agreement he was entering into. As per the facts provided, Saqlaim is a recent migrant with little understanding of the English language. Additionally, Lance has been described as fast-talking and charismatic. It is likely that these attributes induced Saqlaim, who understood little of what was discussed to purchase the vehicle. Saqlaim can rely on the defence of non est factum if he can prove that, based on his foreign language, he did not understand the actual nature of the agreement and that the partnership took advantage of this to sell him the car. Conclusion: Customers have a remedy in the right to sue and recover damages as compensation for fraudulent misrepresentation. Saqlaim is bound by the contract in so far as he understood the terms and conditions presented by Lance if he can prove he was mistaken as to the very nature of the contract he can rely on the defence of non est factum. Issues: Can Felix sue for the extra $ 100 promised by Xiaojing for work done on Sunday? Rules: Contract law provides the doctrine or specific performance as an equitable remedy; where a party to a contract is obligated to perform certain tasks but fails to do so, the aggrieved party can rely on this doctrine to petition the court to enforce the contract(James, 2015). This is an English common law remedy which was inherited into the Australian system and is applied by courts today. There are certain requirements that must be satisfied for a party to rely on this doctrine, firstly there must be consideration and damages would not be an adequate remedy(Finnane, 2013). It is important to note that past consideration does not suffice as good consideration(Valente, 2010). In Roscorla v Thomas (1842), the plaintiff purchased a horse from the defendant; after the purchase, the defendant promised that the horse was sound. It was discovered that the horse was in fact not sound and the plaintiff sued, it was held that there was no consideration for the promise of a sound horse; pa st consideration was not good consideration. Past consideration incorporates a promise made in gratitude after a previous service; as such this promise is essentially and expression of gratitude holds no consideration; meaning it cannot be enforced(Andrews, 2015). Application: In the case study in question, the promise of $100 from Xiaojing came after Felix had already cleared out the garden beds. As expressed by Xiaojing, he had been doing impressive work for which she took it upon herself to show gratitude. The $100 was separate to the contract agreed on to pay $25 per bag of lavender collected. As such, guided by the provisions of law above, there was no consideration from Felix with regard to this promise. As it stands, past consideration is insufficient and as such Felix cannot rely on the doctrine of specific performance so as to have Xiaojing pay him the promised $100. Xiaojings statement was only an expression of gratitude for something that had already been done and would essentially be covered under the basic contract agreed on. The promise is therefore not enforceable; Felix can only rely on specific performance where the partnership fails to pay him the $25 per bag previously agreed on. Conclusion: Felix cannot sue for the extra $100 as there is no consideration and past consideration is not good consideration. Reference List ACCC v NuEra Health Health Pty Ltd (in liq) (2007) FCA 695. Andrews, N., 2015. Contract Law. 2nd ed. Cambridge: CUP. Birtchnell v Equity Trustees Executors and Agency Co Ltd (1929) HCA 24. Bob Guiness Ltd v Salomonsen (1948) 1 KB 42. Chew, C. Y. C., 2009. The application of the defence of non est factum: An exploration of its limits and boundaries. UWSLR, Volume 13, pp. 83-100. Clarke, J., 2010. Mistake. [Online] Available at: https://www.australiancontractlaw.com/law/avoidance-mistake.html [Accessed 23 April 2017]. Finnane, E., 2013. Contract Law: a practical guide. [Online] Available at: https://www.13wentworthselbornechambers.com.au/wp-content/uploads/2014/02/Finnae-2013-contractlawremedies.pdf [Accessed 23 April 2017]. Gibson, A. Fraser, D., 2013. Business Law 2014. NSW: Pearson Higher Education AU. James, L. A. M., 2015. Specific performance or rectification. [Online] Available at: https://www.kottgunn.com.au/updates/specific-performance-or-rectification/ [Accessed 23 April 2017]. Latimer, P., 2012. Australian Business Law. Sydney: CCH Australia Ltd. Petelin v Cullen (1975) 132 CLR 355. Roscorla v Thomas (1842) 3 QB 234. Valente, D., 2010. Enforcing Promises: Consideration and Intention in the Law of Contract. [Online] Available at: https://www.otago.ac.nz/law/research/journals/otago036314.pdf[Accessed 23 April 2017]. Watteau v Fenwick (1893) 1 QB 346.
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