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Desmond Aster, the proprietor of Sleet and Trumpet Real Estate wants to use Sydney Harbour Hotel’s conference centre for a series of seminars he is running for his staff. Valerie Ewer, an employee of Sleet and Trumpet contacts Sydney Harbour Hotel and makes a phone booking for a conference room at $500 for the 1st October 2002. The hotel manager makes the booking and adds he will be sending a booking slip to the estate agency which must be signed and returned with $200 as a holding deposit. The slip is never signed but a delayed payment of $200 is eventually made (before 1st October 2002). At 5.00 am on the 1st October 2002, an electrical fault causes a fire. The conference room is damaged and cannot be used. Desmond arrives at 10.00 am and is informed of the fire, he threatens to sue and Sydney Harbour Hotel requests that Desmond pay the remaining $300 they say is due under contract. An offer was made by Sydney Harbour Hotel for a conference room at $500 for the 1st October 2002 at 10.00 am to Sleet Trumpet Real Estate. Acceptance and agreement of the terms was made by Sleet and Trumpet Real Estate when Desmond sent the $200 to Sydney Harbour Hotel. So we must ask ourselves, is Desmond liable for the remaining $300 owed to Sydney Harbour Hotel? And is Sydney Harbour Hotel liable for refunding Desmond’s initial payment of $200? If after the formation of the contract an unforeseen event occurs which affects the performance of the contract, “the contract is automatically terminated if the effect on performance is substantial, provided neither party was at fault”. By frustration, parties are discharged from the obligation to perform, “or to be ready and willing to perform, their contractual duties”. The Frustrated Contracts Act 1979 (NSW) s7 states “that a promise...
pages: 10 (words: 2577)
comments: 1
added: 04/29/2011
My interest in the law began with donuts. As a child, I developed early persuasive skills during family disagreements on how to divide boxes of the treats. My parents belonged to the "biggest people deserve the most donuts" school of thought; while as the youngest family member, I was a devout believer in the "one person, one donut" principle. The debates were often cutthroat, but when it came to donut distribution, I sought justice at any cost. As my family grew older and more health-conscious, we stopped eating donuts, and for many years I forgot our childhood debates. However, some recent life decisions have brought to mind those early explorations of justice. When I first arrived at the American International School of Rotterdam, I quickly learned that my colleagues were a diverse and talented group of people. Unsure of how to establish my own place among them, I tried phrases that had always worked to impress college friends. "When I work for the UN . . . ," I told the second-grade teacher, and she answered with an erudite discussion of the problems she faced as a consultant for that organization. I told the kindergarten teacher, "When I'm in law school . . . ," only to hear about his own experiences in law school. By the time I discovered that even many grade-school students were better travelled than I, I learned to keep my mouth shut! Living alone in a new country, removed from familiar personal and cultural clues to my identity and faced with these extraordinary co-workers, I started to feel meaningless. How, I wondered, could I possibly make a difference in a place as vast as our planet? To my own surprise, I found that answer at church. Although I was raised in the Bahá'í Faith, I have only...
pages: 2 (words: 407)
comments: 1
added: 12/05/2011
There are two main law systems in the world: Common Law System and Civil Law System. Common Law System is established and developed from England, and most of the British colonized countries, such as Australia, New Zealand and a majority of states in USA inherited it. Civil Law System, on the contrary, came from France and Dutch. The main difference between these two Legal Systems is their trial methods, the adversary system is used in Common Law System and Civil Law System takes the inquisitorial system. In simple words, the adversary system is a dispute; on the other hand, the inquisitorial system is an inquiry. For example, the judges' role is quite dissimilar in the two trial methods, under the adversary system, the judges act as a truth checker, his duty is to ascertain the evidence which provided by the parties, and according to the related law, make a decision beyond the ready evidence. However, magistrates in the inquisitorial system have to get the evidence by themselves or from the appointed departments, to some extent, they have more power than the judges in the adversary system, they are able to control the whole trial method. As two trial methods exist in the same world, it can not be avoid being compared with each other, in my point of view, the adversary system is more efficient. The main advantage of the adversary system is its restriction of judges' power. As judges only need to go through the evidence provided, it limits the chance that the judges' own sensibility affect their judgment. Because of judges' own experience and status, sometimes they can't be helping having unfair view on something or someone; therefore, the restricted power of the judge could ensure the justice of the law. Another advantage of the adversary system of trial is the...
pages: 3 (words: 674)
comments: 1
added: 10/20/2011
In order to understand how important jury selection is, one must first understand the process of the selection. On the day of the trial, there may be as many as one hundred and fifty jurors called for examination and selection. Out of that one hundred and fifty, twelve will be selected as the jurors to try the case, with two alternates. The hundred and fifty called, however, represent only a small percentage of the number of persons eligible for jury service. The one hundred and fifty, or smaller or greater number called for a particular case are referred to as the "panel", and are selected from the jury lists of the County or Federal district in which the Court is located. Local laws, rules or regulations usually determine the number of jurors whose names are to be maintained on the jury list. The names on the jury list are usually selected from the registered and qualified voters, and the list checked at regular intervals to replace those who have died, moved away, or for some other reason become ineligible. Citizens who are selected for the jury list may be selected merely by having their names taken from the list of qualified voters, and being summoned to appear on a particular day, or they may be requested to appear at the office of the Clerk of Court to answer questions, or to complete a questionnaire. In states and localities where there is a preliminary questionnaire or inquiry any juror who is disqualified or exempt may state his reason for being excused and thus avoid being called again. Where there is no preliminary inquiry, the notice is mailed or observed by the sheriff, and on the return day the juror may state his reason for being excused. In some states the trial of complicated or...
pages: 14 (words: 3763)
comments: 1
added: 10/20/2011
Have you ever had to write analytical essays? If so, then you probably know what it is. However, let us give you more detailed description. An analytical essay isn’t a regular essay one may write in the middle school; it is a special kind of essay that is written in order to help the reader gain a better understanding of a particular object. In other words, in the process of analytical essay writing you should answer the following questions: “What does the object look like?”, “What message does this object convey?”, “What are the component parts of this object?” and “What is my attitude towards this object?”. Proceeding from the characteristic features and requirements applicable to analytical essays, a lot of students find it difficult to write analytical essays. According to the statistics data only few of them will write analytical essays on their own and make profound research on the topic. The vast majority of students however will start to surf the Internet trying hard to find analytical essay samples or ready-made essays. Thus, teachers often have to read analytical essays that are full of stolen ideas taken from unreliable sources. If you need to write an analytical essay and want to avoid hackneyed phrases and doubtful arguments, we are ready to render professional analytical essay help. You just have to make several simple steps:
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pages: 2 (words: 315)
comments: 2
added: 04/21/2011
Analytic Geometry Analytic geometry was brought fourth by the famous French mathematician Rene' Descartes in 1637. Descartes did not start his studying and working with geometry until after he had retired out of the army and settled down. If not for Descartes great discovery then Sir Isaac Newton might not have ever invented the concept of calculus. Descartes concept let to calculus and Newton and G.W. Leibniz would not be know as well as they are today if it were not for the famous mathematician Rene' Descartes. Analytic geometry is a, "branch of geometry in which points are represented with respect to a coordinate system, such as Cartesian coordinates, and in which the approach to geometric problems is primarily algebraic." (Analytic Geometry) Analytic geometry is used to find distances, slopes, midpoints, and many many other things using special equations and formulas to determine what a person is looking for. Analytic geometry concentrates very much on algebra, generally, it is taught to students in algebra classes and becomes very helpful when being used in geometry. It is not very often when geometry is taught not using the algebra to solve the problems, unless proving statements, analytic geometry is used most often when speaking of geometry, it is the guidelines of geometry. It is a set way to find out answers to problems. There are many simple formulas to analytic geometry, but some of them get very complex and difficult. Analytic geometry is not only used in math, it is very common to see it being used in any kind of science, logic, and any other mathematical subjects. There are formulas in this form of mathematics in which the volume of a gas is measured, and other formulas along those lines (Encyclopedia.com). Some formulas and equations of analytic geometry are: The midpoint formula- (change in...
pages: 5 (words: 1103)
comments: 0
added: 02/16/2012
Since the event of the terrorist attacks in New York on September 11, 2001, the issue of terrorism has received a considerable amount of media attention. The recent bombings of Bali and Jakarta caused this media focus to be further intensified allowing much discussion and debate between commentators such as Andrew Bolt, presenting their view on possible motives for such terrorist attacks. 'The Blast of Truth', appearing in The Herald Sun on Thursday 7th August, 2003, advocates his blatant opinion on this issue with a contention that terrorism is not a war against "Australia or wicked America", but rather against freedom. Bolt employs various persuasive techniques with the intention to sway the reader whilst clearly revealing his prominent stance on the fight for freedom as he puts it. Throughout the article, the author adopts the use of colloquial language and begins his discussion with a sarcastic tone. This language is designed to generate a particular level of interest and creates an informal atmosphere. As the discussion progresses, Bolt reveals a much more authoritative and arrogant tone as he recounts his experience visiting Bali himself. With the mention of this background, he instils a sense of credibility into his arguments. Without this, the reader would not have an adequate amount of information, due to the lack of use of statistics, expert opinion or facts. One of the most apparent persuasive devices Bolt exercised in the article was his use of emotive terms. On several occasions, it is evident that strong words were deliberately used in order to evoke strong emotional responses from the reader. "…as pieces of dead Indonesians are picked off the pavement…" The disturbing and graphic words the author uses to portray his point of view enables the audience to paint a vivid picture of the scene he envisions in their minds. The...
pages: 3 (words: 676)
comments: 2
added: 09/29/2011
Analytical Essay on 'Race Relations' In the poem, 'Race Relations' by Jean Burgess the main theme is the discrimination against the little black girl, we know this because the two little girls were playing together in their own little world doing no harm until the white girls' mother started cursing her daughter for interacting with a black girl even though they were doing nothing wrong This was conveyed to us because before the mother realised her daughter was playing with a black girl she was calmer. A main idea portrayed in this poem is the parents' influence on the little girl, as she did not see anything wrong with playing with the black girl and would not have seen anything wrong with it if her mother had not yelled at her for doing it. We know this as the Jean Burgess writes about the little white girl leaving as 'Dragging her feet Mary moved slowly, moved towards her mother' so we realise Mary doesn't want to leave because she is dragging her feet and also being forced to leave by her mother. Another main idea is the whites showing prejudice towards the little black girl as she has not shown an act in which the white parents could form this prejudice against her. Evidence of this prejudice against the black girl is 'How he'll scold you, and serve you right, who have no proper pride.' This shows us that the mother is marginalizing the little black girl as she has judged her by thinking she has no right to play with her daughter. The children were very happy playing together, we know this because when they were playing together they did not notice anything too busy building their sandcastles evidence of this is the whole first and second paragraphs, 'They played behind the garden wall,...
pages: 2 (words: 494)
comments: 0
added: 12/10/2011
Analytical Essay In the poem "Ode on a Grecian Urn" by John Keats, the speaker struggles with the trials and tribulations of life compared to immortality. He then speaks to the Grecian Urn in attempt to engage with the static immobility of the sculpture. He questions the urn, but gets no response from it. The speaker ultimately has to decide the answers to his own questions, leaving the poem with a higher level of understanding about life. This was a poem from the Romantic Period and that made it easier to take a more "imaginative" standpoint, because during this period the authors focused on feelings, the imagination, and the value of what is supposed to be done to what can be done. It is important to look at the feelings of this particular poem, and it deals with the mysterious works of life in general, and reality versus a so-called "dream world." The author creates this dream world through the speaker's own imagination. The theme of this poem portrays Keats's attempt to connect with the stand still time of sculpture, the Grecian urn. It has been passed down through countless centuries to the time of the speaker's viewing, and this urn exists outside of time in the human sense—it does not age, or die, and it can grasp no such concepts. During the speaker's meditation, this creates an Smith 2 intriguing paradox for the human figures carved into the side of the urn. They are free from time, but are simultaneously frozen in time. This is illustrated by the lines "Fair youth, beneath the trees, thou canst not leave Thy song, nor ever can the trees be bare" (v. 15 &16). The people on the urn do not have to confront aging and death, but they cannot experience anything because they are frozen. Even...
pages: 5 (words: 1164)
comments: 1
added: 11/18/2011
Tom Sawyer- An Analytical Essay There is much debate these days on whether the boyhood masterpiece, The Adventures of Tom Sawyer, should be allowed in libraries, and whether it is appropriate for modern audiences to read. Although the language that Twain uses in his novel is politically incorrect, this book is still acceptable for modern audiences to read, and this is largely because if Mark Twain did not use this language, the portrayal of late nineteenth century rural life would not have been as vivid and true as it is. In this book, racial slurs, such as nigger, and Injun', are used quite often, and the people who use the word are very nonchalant about it. Also, many people find it unacceptable for modern audiences to read this book because it contains objectionable material, such as smoking, beatings, and running away. For example, when Tom covers for Becky when she rips the schoolmasters anatomy book, Tom receives many "floggings." Inspired by the splendor of his own act, he took without an outcry the most merciless flaying that even Mr. Dobbins had ever administered…1 This quote makes the situation seem like it is an admirable thing to be beaten, and that it is all right for the schoolmaster to beat Thomas Sawyer. We must remember that Mark Twain's genre was regionalism. When he wrote, he took extreme caution to stay true to the area, culture, customs, and dialect, including vocabulary, and ideas on how children should be raised. Instead, this quote is a good learning topic for children. It is a good example of how schooling has changed, and how children were punished in the nineteenth century. Also, it provides a good comparison for audiences to use to compare and contrast on how the way children are punished in the classroom and out has developed over...
pages: 5 (words: 1103)
comments: 0
added: 12/11/2011
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