Tuesday, May 19, 2020
Wednesday, May 6, 2020
Sexual Assault On College Campuses - 1591 Words
Sexual assault on college campuses is a growing epidemic. Twenty five percent of college women are affected by sexual assault (A. Amar, T. Strout, S. Simpson, M. Cardiello, S. Beckford, 2014, p. 93). Sexual assault is the non- consensual sexual touching of a person, in which a person is forced to engage in a sexual act against their will. Taking advantage of a person sexually is morally wrong, and causes victims of sexual assault significant emotional and physical damage. Sexual assault is a big issue because it is destroying the lives of college students. No one, that is, attending college, and has their whole life in front of them should ever have to experience trauma from such an act and have their whole future compromised because of it. But the problem is that the majority of the victims of sexual assault donââ¬â¢t report it. So what solutions are there to prevent sexual assault? Sexual assault on college campuses can be managed by enforcing a strict no alcohol policy on college campuses, so that it can not be used as a weapon by rapists. Sexual assault can also be thwarted through sexual assault prevention workshops to educate students and staff about the issue, and through the college administration, reporting sexual assault to local authorities, so that the legal consequences of sexual assault can be implemented. Out of the three preventative measures, having the administration report sexual assault to local authorities is more effective, because the crimes areShow MoreRelatedSexual Assault On College Campuses1381 Words à |à 6 Pages Sexual assault has been a huge issue for many years on college campuses and universities nation wide. As society has evolved, thoughts on sexual assault have also evolved, becoming more focused on the details of victim treatment than ever before. The topic of sexual assault is debatable and sparks many opinions on weather sexual assault on college campuses is becoming more frequent, or if there is just heightened awareness. Sexual assault can happen to anybody no matter the gender, race, religionRead MoreSexual Assault On College Campuses1394 Words à |à 6 PagesSexual assault on college campuses is an extensive topic that has concerned people for many years. The high rates and the case report cover-ups have brought about many varying opinions. Many people believe in changing the college framework to establish universities that are better equipped to deal with this issue. Others feel that the problem could be addressed by changing societyââ¬â¢s outlook on crimes like these. While another group feels that the problem is in how we define rape. Despite these differencesRead MoreSexual Assault On College Campuses822 Words à |à 4 PagesSexual assault on college campuses has become a huge issue. Students each and every day make bad decisions, whether they be alcohol induced or not, physical or verbal sexual abuse crosses the minds of some kids. Sexual assault is defined as ââ¬Å"any type of sexual contact or behavior that occurs without the explicit consent of the recipientâ⬠(justice.gov 2016, pg. 1). Recent altercations have released many different opinions on the topic. Overall the injustice is violating ones personal freedom and decisionRead MoreSexual Assault On College Campuses Essay1993 Words à |à 8 Pages ââ¬Å"The Perpetuators of Sexual Assault on College Campusesâ⬠Sexual assault is defined as any vaginal, oral, or anal penetration that is forced upon another, regardless of sex and sexual orientation, using any object or body part. The issue of sexual assault in America is primarily encouraged by rape culture. Women Against Violence Against Women is an organization that defines rape culture as a complex set of beliefs that encourage male sexual aggression and supports violence against women. The acceptanceRead MoreSexual Assault On College Campuses Essay1941 Words à |à 8 PagesAssault in all forms is dangerous to both men and women. Sexual assault on college campuses is fairly common today, and occurs in a number of ways. Young women are most often the main victims of assault on college campuses. This is becoming a serious issue in American society today because either some of these cases go unreported or these young women are too scared to report them or are too embarrassed to report it because the men causing these might be their friends o r someone they know. Many youngRead MoreSexual Assault On College Campuses1990 Words à |à 8 Pagesthat has been gaining a lot of national attention is that of sexual assault on college campuses. Most understand sexual assault as an extremely vulgar act and it can universally be seen as taboo. But what exactly constitutes as sexual assault? The term sexual assault takes many forms including the attacking of an individual, rape, attempted rape, as well as any unwanted form of sexual contact and threats. A common form of sexual assault committed is when an individual touches any body part of anotherRead MoreSexual Assault On College Campuses998 Words à |à 4 PagesWebster defines sexual assault as an illegal sexual contact that usually involves force upon a person without consent or is inflicted upon a person who is incapable of giving consent or who places the assailant in a position of trust or authority. Most common types of sexual assault are ââ¬Å"acquaintance rapeâ⬠an d ââ¬Å"date rapeâ⬠, which both take place on college campuses but go unnoticed. There are several incidents that occur on college campuses that students that attend that particular college or universityRead MoreSexual Assault On College Campuses1314 Words à |à 6 PagesIn the last few years, the issue of sexual assault on college campuses have been gaining popularity in the public. Campus sexual assault have been a recurring subject throughout history and it seems to only get bigger. People would think that college campuses will be safe due to the advance security on the campus. Hundreds of women and men are sexually assaulted on campus everyday. Many organizations have started to form in order to help victims and prevent such tragic, heinous acts from happeningRead MoreSexual Assault On College Campuses1441 Words à |à 6 PagesSexual Violence on College Campuses Among female college students, 23% said they experienced some form of unwanted sexual contact ranging from kissing, to touching, to rape. All of these females said it was carried out by force or threat of force, or while they were incapacitated because of alcohol or drugs. This data was collected from a survey taken by 150,000 students from 27 different Universities. (Wallace, Kelley, 2105) Sexual assault is sexual contact or behavior that happens without theRead MoreSexual Assault On College Campuses Essay1964 Words à |à 8 PagesSexual assault on college campuses has become a hot topic in todayââ¬â¢s society. From the Stanford swimmer, Brock Turner, raping an unconscious woman (Miller, 2016, para.1) to the Florida State star football player, Jameis Winston, being accused of rape and FSU covering it up (Dick, 2016, para 1), sexual assault on campus is everywhere. The prevalence of reported assaults is often skewed, due to women feeling uncomfortable about discussing what the y went through, but the numbers tell the story all on
Essay on Fredrick Douglass - 1173 Words
ââ¬Å" Agitate! Agitate! Agitate!â⬠( Huggins,180). These are the words of Fredrick Douglass that could represent the way he lived his life. Not willing to accept his life as a slave, he rose to become a great and honorable man that held a voice of influence over the reform movementââ¬â¢s throughout the 19th century. He is one of the American leaders who provided a powerful voice for human rights and racial injustice during this period of American history. Throughout his life he was first and foremost an abolitionist, fighting against slavery until its elimination. He was a man dedicated to a cause, determined to try everything in his power to fight for what he believed fair, which was racial equality. As a young man Fredrick had fire; a burningâ⬠¦show more contentâ⬠¦Fredrickââ¬â¢s sense that slavery was immoral was also influenced by the idea stated in the Declaration of Independence that ââ¬Å"all men are created equal.â⬠He felt all Americans must live up to these ideals that they so proudly based the new nation on. He seemed to view that if the American people created the constitution, then the nation must live up to and embody its lofty tenets and principles. He said that the ââ¬Å"United States was the boldest in their pretensions to freedom, and loudest in their professions of love of liberty, yet no nation exhibited a code of laws as cruel, malicious and infernal as that of the Americans.â⬠(Huggins, 37). ââ¬Å"Every page is red with the blood of the American Slaveâ⬠( Huggins, 37). The primary goal that Frederick wanted to accomplish as a reformer was to establish racial equality. Trying to work towards his ultimate goal he established more immediate goals. When the civil war first started such as fighting for the emancipation of the slaves and allowing for the rights of blacks to enlist in the union army. He hoped that the outcome of the war might be that ââ¬Å"everyone in the country be entitled to the same rights protection and opportunities.â⬠(Huggins, 97). He also said that ââ¬Å"the black man a solider in war, a laborer of peace ; a voter in the South as well in the North; America his permanent home, and Americans his permanent countrymen.â⬠( Huggins, 98). After the civil war, Fredrick fought for the adoption of constitutionalShow MoreRelatedThe Fredrick Douglass Journey. Fredrick Douglass Was Well1355 Words à |à 6 PagesThe Fredrick Douglass journey Fredrick Douglass was well known abolitionist know for influence on the black community through his stories from moving around during the slave journey, his escape, and his rise to being an abolitionist. Not many people believed that Douglass was a slave, many people just believed for him to be another abolitionist that preached about slavery but never been through it. So, he decided it was his job to make his story known. Using his biographies we see that Fredrick DouglassRead MoreBiography of Fredrick Douglass1294 Words à |à 5 Pagesinventors, but what about the people that are in between ââ¬â the people that fought for equality. Fredrick Douglass arguably had the greatest impact on American society, especially African American society, in the nineteenth century. Douglass is credited as being an abolitionist, author, editor, and diplomat. He used literature, books, newspapers, and even speeches, to leave a long lasting mark on our society. Douglass advised presidents and lec tured to thousands about different causes, including womenââ¬â¢s rightsRead More Fredrick Douglass Essay852 Words à |à 4 Pages The purpose behind Fredrick Douglassââ¬â¢s Narrative was to appeal to the other abolitionists who he wanted to convince that slave owners were wrong for their treatment of other human beings. His goal was to appeal to the middle-class people of that time and persuade them to get on board with the abolitionist movement. Douglass had a great writing style that was descriptive as well as convincing. He stayed away from the horrific details of the time, which helped him grasp the attention of the womenRead MoreSlave Fredrick Douglass772 Words à |à 3 Pagesman of hope and undying perseverance, Frederick Douglass escapes the shackles of slavery into the safety of the North, where he achieves the ultimate dream of the southern slave: freedom. He overcomes his struggles with his identity and knowledge of his past. In his Narrative of the Life of Frederick Douglass, the cruelty and inhumane ways of slaveholders are depicted in their truest forms through the personal accounts of Frederic k Douglass. Douglass is fearful of having to stay as a slave for lifeRead MoreAnalysis Of Fredrick Douglass s If There Is No Struggle 1395 Words à |à 6 PagesGrant Todd Mr. Sotak English 9 23 May, 2016 Activism within Fredrick Douglass ââ¬Å"If there is no struggle, there is no progression,â⬠is what Fredrick Douglass said during his speech at Canandaigua, New York During an event celebrating West Indian Emancipation Day (blackpast.org). This is saying that struggles and hardships need to happen to get anything accomplished. A lot of people today view Fredrick Douglass as a civil rights activist because the things he has achieved and the way he has positivelyRead MoreFrederick Douglass s Narrative Of The Life Of Fredrick Douglass1693 Words à |à 7 Pages Slavery on a plantation was drastically different from slavery in the city. Frederick Douglass the author of Narrative of the Life of Fredrick Douglass was born and raised on the plantation as a slave. From his early years Douglass experienced life as a slave on a plantation. He was soon relocated to Maryland at the age of seven to the slave ownerââ¬â¢s brother Mr. Auld. Douglass is moved back and forth from the plantation to the city. The areas of food , treatment and punishment, and clothing were contrastingRead MoreWilliam Lloyd Garrison And Fredrick Douglass1049 Words à |à 5 PagesAbolitionist W.L. Garrison and Fredrick Douglass We all realize during this day and age that slavery was just a terrible historical event in the United States during the early periods and there was a movement of Abolitionism that attempted to rid the United States of slavery. Abolitionist came from several walks of life. There were hundreds of abolitionist as well but some were at the forefront of this movement. William Lloyd Garrison was the founder of the Boston Liberator, the ââ¬Å"LiberatorRead MoreThe Narrative Of The Life Of Fredrick Douglass, An American Slave Essay1561 Words à |à 7 Pages1845 Fredrick Douglas wrote an autobiography called The Narrative of the Life of Fredrick Douglass, an American Slave. The book tells the story of his life as a slave, being the son of an enslaved woman and a white man and how he finally escaped slavery in 1837. Due to the book he became a leader for an abolitionist movement and spoke and wrote many different things about the evils of slavery. He was the most respected and famous African American in the nineteenth century. Fredrick Douglass usedRead MoreNarrative Of The Life Of Fredrick Douglass, An American Slave916 Words à |à 4 Pages Narrative of The Life of Fredrick Douglass, an American Slave In Fredrick Douglassââ¬â¢s a narrative, Narrative of The Life of Fredrick Douglass, an American Slave, he narrates an account of his experiences in the dehumanizing institution of slavery. This American institution was strategically formatted to quench any resemblance of human dignity. Throughout, the narration of his life Fredrick Douglas, meticulously illustrates the methodical process that contributed to the perpetual state of slaveryRead MoreThe Meaning Of July Fourth For The Negro By Fredrick Douglass Analysis780 Words à |à 4 PagesRochester, New York on July 5th, 1852 by Fredrick Douglass; a former African American slave. In the speech, he discusses the true meaning of the widely celebrated holiday known as The 4th of July and what it really means a Negro. Who was Fredrick Douglass? Fredrick Douglass was born into slavery in Talbot County, Maryland in the year of 1818. In 1838 he managed a successful escape with the help of some friends he had. Fredrick Douglass went on to get married twice in his lifespan
Role Of Gender In Influencing Helping Behaviour â⬠Free Samples
Question: Discuss about the Role Of Gender In Influencing Helping Behaviour. Answer: Introduction In the present day, gender has been regarded as one of the most important aspect in helping behaviour especially in the western societies. It has also been found that while helping other individuals, men are more likely to help strangers than women. It has also been agreed by many psychologists that gender plays an important role in the society while helping others (Gentile et al., 2014). Accordingly, there are stereotypes on peoples genders that exit for some reason such as a persons gender is determined at the time of his or her birth and they were told to behave accordingly, thus it influence their helping behaviour. Gender Differences and Helping In order to understand the gender differences in helping process, it is important to understand the roles of gender that influence the helping behaviour of every individual. Furthermore, different roles are directed for specified genders as these norms have been set by the society an individual lives (Gentile et al., 2014). For instance in case of the gender role of female it has been argued by many scholars that societal norms encourages women to help others and moreover, women are also expected to give importance to others needs than their own and accordingly will try to help others (Schaller, 2016). The female role playing has also been regarded as a caring nature and it has also been stated that women are more empathic than men. On the other hand, the male gender role in influencing helping behaviour is different than that of female as they tends to portray heroic behaviour. Furthermore, with their heroic behaviour, they tend to save other from certain risk or danger and it has a lso been stated by some scholars that the gender role influences men to help strangers more than women (Seidman, 2016). For instance, bystanders might get more help from men than women, as in this case male can achieve its heroic deeds. Role of Social Status in Helping It is important to note that the social division of gender as per their status within the society largely influence the helping behaviour. It has been stated by some scholars that individuals in the lower status role will be acting more as a service provider than the receivers. However, it has also been noted that in gender differences men acts more as a receiver of helps than women in relation to job and more (Turner, 2018). In cases, when helping behaviour is seen from societal context, then gender differences in influencing behaviour plays a major role as a status cue in order to attain longer goals. According to Starr and Zurbriggen (2017), there are certain implications in status differentiation between gender when seen from social view point, as it has been stated that individuals directly requesting for help as shown as an influencing attempt and helping to that response is viewed as compliant behaviour. Physical Attractiveness and Helping Behaviour of Different Gender Physical attractiveness among gender plays a major role while influencing helping behaviour as people who are more attractive are likely to receive more help than others who are not (Turner, 2018). Prior to that, in case of gender differences, attractive women tends to receive more help than men, and furthermore it has also been stated by numerous scholars that men tends to help attractive women more than the less attractive. As per the report it has been found that men time to spend more time in helping opposite gender attractive people than the unattractive (Dovidio et al., 2017). As noted physical attractiveness of different genders plays a significant role in helping behaviour, therefore attractive women are more likely to act as a receiver than providers, whereas on the other hand, men in helping behaviour more likely to act as a helping agents rather than receiving help and also tends to help attractive women more than the unattractive women. Social Role and Gender Schema Theory It is important to note that in regards to gender differences influence in helping behaviour, societal norms plays a major role as per the social role theory. According to the social norm theory, women are portrayed as caring while helping others and are tends to be as heroic or chivalrous in terms of helping other people (Seidman, 2016). Social role theory also defines that women in case of helping provides help in a nurturing way, because they are expected to behave in that way by the society, while men as per the theory are expected to help others in dangerous and in emergency situation. As per the gender schema theory, masculine gender are expected to help others especially stranger in a more problem solving way, while feminine gender are tends to help in a caring way (Turner, 2018). Gender schema theory mainly deals with role playing as per their gender and accordingly tries to adjust their behaviour as per the norms of the society and in case of helping others male tend to prov ide help in relation to task orientation, whereas interpersonal orientation are possessed by females. Literature Gap In order to carry out the research and to have a clear understanding of the role of gender in influencing human behaviour, numerous journals, articles and books have been thoroughly examined. However, various critical observations have lead to the identification of the gap in literature. From the study, it has been observed that most of the researchers mainly dealt with the role of male and female gender in influencing behaviour, whereas there are very few researches regarding the role of cross-gender in influencing behaviour and also did not provide any clear explanation. It should be noted that transgender willingly wants to help others but people are less likely to receive help from them and they are left alienated within the society. Summary Gender role in influencing behaviour is a wider topic in itself that consists of different gender roles while helping other person. Society also plays a significant role in adjusting human behaviour as per the norms of the society. Apart from this, it has also been shown that physical attractiveness also plays a major role in influencing behaviour while helping others, as attractive individuals are likely to receive more help than the unattractive people. References Christov-Moore, L., Simpson, E. A., Coud, G., Grigaityte, K., Iacoboni, M., Ferrari, P. F. (2014). Empathy: Gender effects in brain and behavior.Neuroscience Biobehavioral Reviews,46, 604-627. Dovidio, J. F., Piliavin, J. A., Schroeder, D. A., Penner, L. A. (2017).The social psychology of prosocial behavior. Psychology Press. Prot, S., Gentile, D. A., Anderson, C. A., Suzuki, K., Swing, E., Lim, K. M., ... Liau, A. K. (2014). Long-term relations among prosocial-media use, empathy, and prosocial behavior.Psychological science,25(2), 358-368. Schaller, M. (2016). The behavioral immune system.The handbook of evolutionary psychology. Seidman, S. (2016).Contested knowledge: Social theory today. John Wiley Sons. Starr, C. R., Zurbriggen, E. L. (2017). Sandra Bems gender schema theory after 34 years: A review of its reach and impact.Sex Roles,76(9-10), 566-578. Turner, S. P. (2018).The Social Theory of Practices: Tradition, Tacit Knowledge and Prepositions. John Wiley Sons. Vogel, D. L., Wester, S. R., Hammer, J. H., Downing-Matibag, T. M. (2014). Referring men to seek help: The influence of gender role conflict and stigma.Psychology of Men Masculinity,15(1), 60.
Letters of Credit in International Business Autonomy, Strict Compliance and Other Solutions Essay Example For Students
Letters of Credit in International Business: Autonomy, Strict Compliance and Other Solutions Essay Introduction The rises in international trade over the last few decades lead to the boost in popularity of Letters of credit as a payment instrument. The considerable time lag between when the goods leave the country of the seller and reach the country of the buyer meant that the traditional methods of payment used in the case of domestic transactions were unsuitable. Two critical features of the letters of credit, resulted in it being considered as the best alternative. 1. The principle of Autonomy of the Letter of Credit 2. The doctrine of Strict compliance Doctrine of Strict Compliance According to the doctrine of strict compliance, banks are bound to pay the beneficiary the amount due under the credit upon the presentation of documents as mentioned in the letter of credit. Autonomy of the Letter of Credit According to the principle of autonomy of credit, the letter of credit which is a contract entered into between the applicant and the issuing bank is a separate and independent transaction from the underlying contract of sale entered into between the buyer and the seller. This principle was first recognized in common law. For example it was stated by Jenkins L. J. in Hamzeh Malas Sons v British Imex Industries Ltd. that, ââ¬Å"the opening of a confirmed letter of credit constitutes a bargain between the banker and the vendor of the goods, which imposes upon the banker an absolute obligation to pay, irrespective of any dispute there may be between the parties as to whether the goods ( conform ) are up to contract or not. â⬠Parties to a letter of credit often regard the principle of Autonomy of credit as a term of the credit, by expressly indicating in the text of the credit that it is subject to the rules of the UCP 600. The principle of Autonomy of Credit is confirmed by Article 4 of the UCP, which provides that, ââ¬Å"a credit by its nature is a separate transaction from the sale or other contract on which it may be basedâ⬠. The efficacy of letters of credit relies on the combination of the doctrine of strict compliance and the principle of autonomy of credit for the purpose of providing security to the beneficiary of the instrument against default by its counterparty under contract and for the purpose of protecting a beneficiary from carrying credit risk during the course of a dispute under the underlying contract, or in order to support the obligation of the account party to pay a sum of money to the beneficiary. Exception to the Principle of Autonomy of Credit Fraud as an exception to the principle of autonomy of credit, although has been considered by the judicial systems of various jurisdictions, the Judges have been reluctant to intrude on the working of the instrument on any basis. The perspective of the Judiciary has been that any interference would hamper the efficacy of the process, and as a result sole purpose the letters of credit was designed to serve would be lost. This is seen in the first English case to consider fraud as an exception to the principle of autonomy, which was Discount Records Ltd v Barclays Bank Ltd Lloydââ¬â¢s Rep 444 where it was held that a mere allegation of fraud was insufficient to issue an injunction. However, with time Judicial systems have attempted to strike a balance between on the one hand safeguarding the efficient working of letters of credit as an instrument of payment, and on the other ensuring that no one benefits at a cost to another, through the commission of acts of fraud, or engaging in conduct which is considered to be unconscionable by the wider society, and/or provisions of statute in some jurisdictions. Following is an analysis of the changing attitudes of Judges and the legislatures of a few key territories. Position in the United States The position in the United States is laid down in Article 5-109 of the Uniform Commercial Code, which provides that: 1. If a required document is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant: the issuer, acting in good faith, may honor or dishonor the presentation. 2. If an applicant claims that a required document is forged or materially fraudulent or that honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently enjoin the issuer from honoring a presentation or grant similar relief against the issuer or other persons. The UCC has not provided an answer to the question, as to how the word ââ¬Ëmaterialââ¬â¢ should be interpreted or when n a particular transaction would be regarded as ââ¬Å"materially fraudulentâ⬠. Therefore the key in attempting to obtain an injunction against a beneficiary of a letter of credit would be to examine the point of view of the Judges. It was held in the case of Ground Air Transfer v. Westates Airlines (1990) that: ââ¬Å"Westates, the beneficiary, can truthfully say that it satisfied the letter of credits express conditions; it mailed a ten day notice to Charter One . More importantly, since Westates has at least a ââ¬Å"colorableâ⬠claim that it acted lawfully under the contract in doing so, Westatesââ¬â¢ call would not fall within the traditional exception for forgery or fraud. â⬠The courts further went on to lay down certain circumstances in which granting an injunction would be justified, such as where the fraud is, ââ¬Å"so serious as to make it obviously pointless and unjust to permit the beneficiary to obtain the money, . . . Where the circumstances plainly show that the underlying contract forbids the beneficiary to call a letter of credit, . . . where they show that the contract deprives the beneficiary of even a colorable right to do so, . . . where the contract and circumstances reveal that the beneficiarys demand for payment has absolutely no basis in fact, . . where the beneficiarys conduct has so vitiated the entire transaction that the legitimate purpose of the independence of the issuers obligation would no longer be served . . . â⬠In the case of Mid-America Tire v. PTZ Trading Ltd Import and Export Agents , the courts held that the statement must be narrowly limited to situations of fraud in which the wrongdoing of the beneficiary has vi tiated the entire transaction and/or the demand for payment under the letter of credit has absolutely no basis in fact. Following a thorough examination of the UCC and a string of cases decided by the US courts, one may arrive at a conclusion that the decision of Justice Shientag in the case of Sztejn v J. Henry Schroeder Banking Corp. is continued to be applied as the standard. In this case Justice Shientag stated : This is not a controversy between the buyer and seller concerning a mere breach of warranty regarding the quality of the merchandise; on the present motion, it must be assumed that the seller has intentionally failed to ship any goods ordered by the buyer. In such a situation, where the sellers fraud has been called to the banks attention before the drafts and documents have been presented for payment, the principle of the independence of the banks obligation under the letter of credit should not be extended to protect the unscrupulous seller. A close evaluation of Justice Shientagââ¬â¢s decision in the context of the UCC would lead one to the conclusion that the standard applied in that case is synonymous to the standard the UCC has laid down, as interpreted by the Judges of the present day. The Alchemist EssayThe principle followed in Olex Focas was endorsed by the New South Wales Supreme Courts in Boral Formwork. It was held by Austin J that it was unconscionable under the TPA, for the beneficiary to demand an amount over and above the amount due to be paid. Both parties to the underlying contract had agreed that the buyers had to incur rectification expenses on the subject matter of the contract amounting to $174,065. 39. Thus injunction was granted on the basis that it was unconscionable under the TPA to claim an amount over and above what was due under the underlying contract. Striking a Balance Having considered the approaches adopted by various legal systems as to the exceptions applicable to the fraud principle, the most important issue which needs to be addressed is, whether the original objective of the use of letter of credit still being served? Does it provide adequate security to the seller against default by the buyer? Does it protect a beneficiary from carrying credit risk during the course of a dispute under the underlying contract? It was stated by Kerr J referring to documentary credit as a payment instrument, in Harbottle (RD) (Mercantile) Ltd v National Westminister Bank : ââ¬Å"They are the life blood of international commerceâ⬠¦ They must allow to be honoured, free from interference by the courts. Otherwise trust in international commerce could be irreparably damaged. â⬠In the case of Wood Hall Ltd v Pipeline Authority it was held that performance guarantees were to be ââ¬Å"as good as cashâ⬠. Therefore it is evident that the level of reliability and efficacy expected of payment instruments such as performance bonds and letters of credit is relatively high in that they are presumed to be ââ¬Å"as good as cashâ⬠. The question that seems to persist is whether letters of credit continues to remain as a stimulant to international trade, considering the apparent restriction to the autonomy principle through the formulation of various novel principles as valid grounds upon which courts have thought it justifiable to grant an injunction. On the contrary, one may argue that it is important that a balance is struck between on the one hand safeguarding the original purpose of Letter of Credits as payment instruments, while at the same time ensuring that it is not used by certain persons, especially fraudsters for the purpose of making profits at a cost to another, in turn causing injustice to them. Conclusion It may be stated that the shift towards the recognition of a few novel methods as exceptions to the autonomy principle is justifiable. As stated before, in order for a payment instrument to work efficiently, it is important that it operates in such a manner that it draws the faith of all parties to the transaction. Therefore although the strict approach adopted by the British courts before may not be justified, the inclination to recognize exceptions more readily and grant an injunction against the beneficiary is commendable. The necessity of the latest developments in Australia with the developments of the principle of unconscionability under the TPA as an exception to the autonomy of credit is justifiable to the extent that a strict approach and a high standard of proof is adopted ensuring that the efficient working of the payment instrument is not hindered. One may argue that, a further move towards adopting a lower standard of proof is necessary because, although the buyer of the goods may be able to enforce his/her rights through a separate cause of action for breach of the underlying contract, often the fraudster disappears once he has obtained the money. However, it is important to understand that any further risk which the applicant of the letter of credit (the buyer of the goods) may be subject to would be a risk he/she is required to take in the usual course of trade, and any further changes would hamper the whole process, and the purpose the letter of credit in international business would be lost. The best balance seems to be stricken by the approach adopted by the US system. However there is a lack of certainty as to what the status of the law is with regard to the particular matter. Therefore it is important that a set of rules are laid down as to when a particular transaction would be regarded as fraudulent and when it would not be regarded so. This would in my opinion act as a further stimulant to international trade as the parties to a contract would be informed of the status of the law with regard to the principle of autonomy and itââ¬â¢s exceptions prior to committing to a contract. Therefore let us hope that the abovementioned issues with regard to the principle of autonomy are addressed in the next revision of the Uniform Customs and Practice for Documentary Credits. Finally may I emphasize the fact that it is of immense importance that the parties take all practical steps within their limits to ensure the avoidance of any complications which may arise later on. Bibliography 1. International Business Law by Bryan Mercurio, Leon Trakman, Meredith Kolsky Bruno Zeller. 2. Hamzeh Malas Sons V British Imex Industries Ltd 2 QB 3. ICC Uniform Customs and Practice for Documentary Credits 2007 Revision. 4. Matthew Bisley and James Mok, Unconscionable demands under letters of credit, performance bonds and bank guarantees (2005) JBFLP 5. International Trade Law (2010) by Indira Carr and Peter Stone, 6. Uniform Commercial Code (UCC) 7. Ground Air Transfer v Weststates Airlines 899 F. 2d 1269 (1990). 8. United City Merchants (Investments) Ltd v Royal Bank of Canada 1 Lloyds Rep 267, 1 Lloyds Rep 604, AC 168 9. Mahonia Ltd v JP Morgan Bank EWHC 1938 (Comm) 10. Montrod Ltd v Grundkotter Fleischvertriebs GmbH 1 All ER (Comm) 257 11. UNSW Law Journal (2001) 24(1) The Identity of the Fraudulent Party under the Law of Letter of Credit by Xiang Gao. 12. Sirius International Insurance Corp (Publ) v FAI General Insurance Co Ltd EWCA 470 13. RD) (Mercantile) Ltd v National Westminister Bank Ltd 2 All ER 862. 14. Journal of International Maritime Law (2003) 9 (6) ââ¬ËDocumentary Credits and illegality in the underlying transactionââ¬â¢ by Jason Chuah. 15. Robin Burnett Vivienne Bath, Law of International Business in Australasia (2009). 16. Xiang Gao* and Ross P Buckley, ââ¬ËA Comparative Analysis of the Standard of Fraud Required Under the Fraud Rule in Letter of Credit Lawâ â¬â¢ (2003) Oxford U Comparative L Forum 3 at ouclf. iuscomp. org. 17. Dixon, William M, As good as cash? ââ¬ËThe diminution of the autonomy principleââ¬â¢(2004) 32(6): Australian Business Law Review at 391-406.
Tuesday, April 21, 2020
Veteran interview Essay Example For Students
Veteran interview Essay Veteran interview Essay My grandfather, Larry, served in WWII. He enlisted and stationed at Camp Polk. He went through places like New Guinea and the Philippines during the war. When I asked him if he experienced any combat he said; yes, I experienced some combat. But most of the time I spent in combat was in a tank. Not too much action there. A typical day in my grandfathers life at the time was to wake up at the crack of dawn and get ready for a full day of combat, well at least for the ground troops that didnt have a tank to be protected by. Of course for him, driving a tank was easier then being a ground troop. So that made things a little easier. He told me every day the main thing he did, and I quote, kep my head low. Anything could be expected. We will write a custom essay on Veteran interview specifically for you for only $16.38 $13.9/page Order now At Camp Polk him and some other troops had a idea to set up a trap to alert them if the enemy tried to get into their base camp at night. They would set up grenades filled with half the explosive powder needed for a full blast, and they would bury them around the perimeter of their camp with their pins tied together by trip wire. Once the enemy would set foot in that perimeter and tripped the trip wire it would pull the pins to almost all the grenades. But the grenades didnt go off right away so the jap that snuck in would just think he tripped on a branch or something. Until the grenades would finally go off and alert the camp to catch the intruder. Thats if the grenades didnt catch him before they did. Yep, I would be dozing off to sleep when a critter or a swift breeze would set those damn things off and wake me up again. Then youre stuck setting them all up for the rest of the night. The thing that stuck out most in my grandfather mind he said was; looking forward to go home. The war got tough in many ways and situations which made my him wish he was home with his family again. I asked him if he thought about the war very often now and he said; so so. Not alot. Glad its over. When I asked him if he lost any friends or people he served with in the war he said that he lost some friends in combat but he didnt talk much about that. He carried his sacred heart metal with him everywhere he went. He would pray for the war to end at night before he fell asleep. The friends he made in war are either dead or he no longer keeps in touch with them at all. There wasnt much said about his worst and best experiences in the war. All he said on that was to keep alert and stay alive. The war did not change him. My grandfather was received with lots of love. He was going to go to Japan but he ended up going home early. He was in Minilla on V-J Day, the day the war ended. This was a victory day celebration. I asked him if he had been scarred either emotionally or physically from serving in the war and he said; yes, both especially when you get surrounded. One time he told me that he opened the top hatch to his tank to see if the cost was clear. There ended up being a jap hiding in a tree above him and he caught him at the corner of his eye tring to drop a grenade in with him. So my grandfather quickly slammed the door shut and listened to the explosion of the grenade followed by the jap falling out of the tree and hitting the top of the tank with a loud thud. And after all. Yes, he did believe in the war he was fighting for. .ucf29802faa6ddd7897d167a048bc5da6 , .ucf29802faa6ddd7897d167a048bc5da6 .postImageUrl , .ucf29802faa6ddd7897d167a048bc5da6 .centered-text-area { min-height: 80px; position: relative; } .ucf29802faa6ddd7897d167a048bc5da6 , .ucf29802faa6ddd7897d167a048bc5da6:hover , .ucf29802faa6ddd7897d167a048bc5da6:visited , .ucf29802faa6ddd7897d167a048bc5da6:active { border:0!important; } .ucf29802faa6ddd7897d167a048bc5da6 .clearfix:after { content: ""; display: table; clear: both; } .ucf29802faa6ddd7897d167a048bc5da6 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ucf29802faa6ddd7897d167a048bc5da6:active , .ucf29802faa6ddd7897d167a048bc5da6:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ucf29802faa6ddd7897d167a048bc5da6 .centered-text-area { width: 100%; position: relative ; } .ucf29802faa6ddd7897d167a048bc5da6 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ucf29802faa6ddd7897d167a048bc5da6 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ucf29802faa6ddd7897d167a048bc5da6 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ucf29802faa6ddd7897d167a048bc5da6:hover .ctaButton { background-color: #34495E!important; } .ucf29802faa6ddd7897d167a048bc5da6 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ucf29802faa6ddd7897d167a048bc5da6 .ucf29802faa6ddd7897d167a048bc5da6-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ucf29802faa6ddd7897d167a048bc5da6:after { content: ""; display: block; clear: both; } READ: Drugs and alcohol abuse have become a major Essay Words / Pages : 688 / 24 . Veteran interview Essay Example For Students Veteran interview Essay Veteran interview Essay My grandfather, Larry, served in WWII. He enlisted and stationed at Camp Polk. He went through places like New Guinea and the Philippines during the war. When I asked him if he experienced any combat he said; yes, I experienced some combat. But most of the time I spent in combat was in a tank. Not too much action there. A typical day in my grandfathers life at the time was to wake up at the crack of dawn and get ready for a full day of combat, well at least for the ground troops that didnt have a tank to be protected by. Of course for him, driving a tank was easier then being a ground troop. So that made things a little easier. He told me every day the main thing he did, and I quote, kep my head low. Anything could be expected. We will write a custom essay on Veteran interview specifically for you for only $16.38 $13.9/page Order now At Camp Polk him and some other troops had a idea to set up a trap to alert them if the enemy tried to get into their base camp at night. They would set up grenades filled with half the explosive powder needed for a full blast, and they would bury them around the perimeter of their camp with their pins tied together by trip wire. Once the enemy would set foot in that perimeter and tripped the trip wire it would pull the pins to almost all the grenades. But the grenades didnt go off right away so the jap that snuck in would just think he tripped on a branch or something. Until the grenades would finally go off and alert the camp to catch the intruder. Thats if the grenades didnt catch him before they did. Yep, I would be dozing off to sleep when a critter or a swift breeze would set those damn things off and wake me up again. Then youre stuck setting them all up for the rest of the night. The thing that stuck out most in my grandfather mind he said was; looking forward to go home. The war got tough in many ways and situations which made my him wish he was home with his family again. I asked him if he thought about the war very often now and he said; so so. Not alot. Glad its over. When I asked him if he lost any friends or people he served with in the war he said that he lost some friends in combat but he didnt talk much about that. He carried his sacred heart metal with him everywhere he went. He would pray for the war to end at night before he fell asleep. The friends he made in war are either dead or he no longer keeps in touch with them at all. There wasnt much said about his worst and best experiences in the war. All he said on that was to keep alert and stay alive. The war did not change him. My grandfather was received with lots of love. He was going to go to Japan but he ended up going home early. He was in Minilla on V-J Day, the day the war ended. This was a victory day celebration. I asked him if he had been scarred either emotionally or physically from serving in the war and he said; yes, both especially when you get surrounded. One time he told me that he opened the top hatch to his tank to see if the cost was clear. There ended up being a jap hiding in a tree above him and he caught him at the corner of his eye tring to drop a grenade in with him. So my grandfather quickly slammed the door shut and listened to the explosion of the grenade followed by the jap falling out of the tree and hitting the top of the tank with a loud thud. And after all. Yes, he did believe in the war he was fighting for. .uac75903108bb8ea4fa628c6af8ac7711 , .uac75903108bb8ea4fa628c6af8ac7711 .postImageUrl , .uac75903108bb8ea4fa628c6af8ac7711 .centered-text-area { min-height: 80px; position: relative; } .uac75903108bb8ea4fa628c6af8ac7711 , .uac75903108bb8ea4fa628c6af8ac7711:hover , .uac75903108bb8ea4fa628c6af8ac7711:visited , .uac75903108bb8ea4fa628c6af8ac7711:active { border:0!important; } .uac75903108bb8ea4fa628c6af8ac7711 .clearfix:after { content: ""; display: table; clear: both; } .uac75903108bb8ea4fa628c6af8ac7711 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uac75903108bb8ea4fa628c6af8ac7711:active , .uac75903108bb8ea4fa628c6af8ac7711:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uac75903108bb8ea4fa628c6af8ac7711 .centered-text-area { width: 100%; position: relative ; } .uac75903108bb8ea4fa628c6af8ac7711 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uac75903108bb8ea4fa628c6af8ac7711 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uac75903108bb8ea4fa628c6af8ac7711 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uac75903108bb8ea4fa628c6af8ac7711:hover .ctaButton { background-color: #34495E!important; } .uac75903108bb8ea4fa628c6af8ac7711 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uac75903108bb8ea4fa628c6af8ac7711 .uac75903108bb8ea4fa628c6af8ac7711-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uac75903108bb8ea4fa628c6af8ac7711:after { content: ""; display: block; clear: both; } READ: Same Sex Marriages Essay . Veteran interview Essay Example For Students Veteran interview Essay Veteran interview Essay My grandfather, Larry, served in WWII. He enlisted and stationed at Camp Polk. He went through places like New Guinea and the Philippines during the war. When I asked him if he experienced any combat he said; yes, I experienced some combat. But most of the time I spent in combat was in a tank. Not too much action there. A typical day in my grandfathers life at the time was to wake up at the crack of dawn and get ready for a full day of combat, well at least for the ground troops that didnt have a tank to be protected by. Of course for him, driving a tank was easier then being a ground troop. So that made things a little easier. He told me every day the main thing he did, and I quote, kep my head low. Anything could be expected. We will write a custom essay on Veteran interview specifically for you for only $16.38 $13.9/page Order now At Camp Polk him and some other troops had a idea to set up a trap to alert them if the enemy tried to get into their base camp at night. They would set up grenades filled with half the explosive powder needed for a full blast, and they would bury them around the perimeter of their camp with their pins tied together by trip wire. Once the enemy would set foot in that perimeter and tripped the trip wire it would pull the pins to almost all the grenades. But the grenades didnt go off right away so the jap that snuck in would just think he tripped on a branch or something. Until the grenades would finally go off and alert the camp to catch the intruder. Thats if the grenades didnt catch him before they did. Yep, I would be dozing off to sleep when a critter or a swift breeze would set those damn things off and wake me up again. Then youre stuck setting them all up for the rest of the night. The thing that stuck out most in my grandfather mind he said was; looking forward to go home. The war got tough in many ways and situations which made my him wish he was home with his family again. I asked him if he thought about the war very often now and he said; so so. Not alot. Glad its over. When I asked him if he lost any friends or people he served with in the war he said that he lost some friends in combat but he didnt talk much about that. He carried his sacred heart metal with him everywhere he went. He would pray for the war to end at night before he fell asleep. The friends he made in war are either dead or he no longer keeps in touch with them at all. There wasnt much said about his worst and best experiences in the war. All he said on that was to keep alert and stay alive. The war did not change him. My grandfather was received with lots of love. He was going to go to Japan but he ended up going home early. He was in Minilla on V-J Day, the day the war ended. This was a victory day celebration. I asked him if he had been scarred either emotionally or physically from serving in the war and he said; yes, both especially when you get surrounded. One time he told me that he opened the top hatch to his tank to see if the cost was clear. There ended up being a jap hiding in a tree above him and he caught him at the corner of his eye tring to drop a grenade in with him. So my grandfather quickly slammed the door shut and listened to the explosion of the grenade followed by the jap falling out of the tree and hitting the top of the tank with a loud thud. And after all. Yes, he did believe in the war he was fighting for. .u7f620b5e348d5ac08b38dea235c2e151 , .u7f620b5e348d5ac08b38dea235c2e151 .postImageUrl , .u7f620b5e348d5ac08b38dea235c2e151 .centered-text-area { min-height: 80px; position: relative; } .u7f620b5e348d5ac08b38dea235c2e151 , .u7f620b5e348d5ac08b38dea235c2e151:hover , .u7f620b5e348d5ac08b38dea235c2e151:visited , .u7f620b5e348d5ac08b38dea235c2e151:active { border:0!important; } .u7f620b5e348d5ac08b38dea235c2e151 .clearfix:after { content: ""; display: table; clear: both; } .u7f620b5e348d5ac08b38dea235c2e151 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u7f620b5e348d5ac08b38dea235c2e151:active , .u7f620b5e348d5ac08b38dea235c2e151:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u7f620b5e348d5ac08b38dea235c2e151 .centered-text-area { width: 100%; position: relative ; } .u7f620b5e348d5ac08b38dea235c2e151 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u7f620b5e348d5ac08b38dea235c2e151 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u7f620b5e348d5ac08b38dea235c2e151 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u7f620b5e348d5ac08b38dea235c2e151:hover .ctaButton { background-color: #34495E!important; } .u7f620b5e348d5ac08b38dea235c2e151 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u7f620b5e348d5ac08b38dea235c2e151 .u7f620b5e348d5ac08b38dea235c2e151-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u7f620b5e348d5ac08b38dea235c2e151:after { content: ""; display: block; clear: both; } READ: Kindergarten Education Essay .
Thursday, April 16, 2020
Legacy Essay Sample
Legacy Essay SampleLegacy essay samples are a great way to get started in writing and editing your own essay. You will be able to learn how to write good essays and outline well. There are many companies that sell these samples, but you can also make them yourself if you wish.If you wish to create your own legacy essay samples, you will need to do so by taking the time to understand what you want to achieve. Your legacy essay sample should not only be informative, but it should also be interesting. It should also be thought out so that you end up with an essay that will give people ideas for the future.You can create legacy essay samples by taking parts of other essays and making changes so that you know what you are doing. You may be able to write an essay on your own in a day or two, but most people find that a couple of days are needed for them to be sure that their creation is really worthy of the reputation they are creating. You can find some online where people post examples o f their essays and give you advice about how to make them better.You should be aware that you cannot just copy someone else's essay word for word, because they probably did not know how to use spell correctly or how to edit their work before they posted it. The way you will be able to give your essay that desired quality is by spending some time practicing what you will be doing. Of course you will want to make your own essay as unique as possible and this means that you will be able to practice on paper.Making money from a new career is a great way to start working towards something more that you enjoy. The road that you are taking can be any road that you like, but the thing is that you should choose a career that you like, because you will have a lot of pressure in those situations. You should not worry too much about making sure that your dream career is a good one, because you can always take some extra time to get more information about what you are going to be doing.While you can always search the internet for websites that sell these essays, you can also make your own work by learning some basic writing skills and by making a good plan. It is not easy to become a professional writer, but this can be done if you have the will and the drive to succeed. You can follow any path you like when it comes to writing, but the best place to find a website that sells these essays would be online.To get a great legacy essay sample you will need to check out a website that offers advice on how to write your own legacy. They will also provide you with an outline for you to follow. Once you get your outline and a variety of examples you can start making your own work.These are just a few ideas to get you started on how to create your own legacy essay sample. The best thing that you can do when you have a plan is to stick to it and continue working at it. Success will come to you if you follow a plan.
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