The God Must Be Crazy Movie Analysis

The only students there are a crop of rustic and austere people the Bushmen. They lead a simple yet vibrant life in their own â€Å"paradise†. However a bottle dropping from the civilized world encroached upon peaceful and complacent family life. In the wake Of discovering its various facilities they began to scramble for it to satiate their own needs thus stirring anger jealousy hate and violence. Therefore Xi the first person who had found the bottle decided to throw this evil thing to the end of the world.In the course of his journey he name across Andrew Steen and Kate Thompson who eventually fell in love with each other. Meanwhile a brutal Samba's gang was subdued by Mr.. Steen with the help of Xi. It is plausible that this comedy film is sheerer a good expression. This film directly demonstrates its positive and pleasant dimensions to its viewers. Indeed this film is imbued with comic elements. I was amazed when Xi had misgivings about how such a small bottle on the tele scope could have a capacity of so many people. I was bursting into laughter the moment Mr..Steen steered towards the fence which blocked his way and he responded awkwardly in the presence of Mrs.. Thompson trying to pick up the bottles falling from the table. Was giggling when Jack drove away his bus under which lurked Xi and Midi to elude the beast chasing after him. However that is far from enough. It is true that the aesthetic effect of a comedy is laugh which is the part and parcel of the whole movie but it is not the whole story the moral lying behind the laugh is the essence of the comedy. In keeping with Iliad which was composed by Homer a renownedGreek poet and depicted numerous valiant soldiers on the one hand and conveyed the idea of heroism and humanism inspiring people from generation to generation on the other the film The gods must be crazy has also represented the educational significance of a comedy edifying and reshaping viewers. After watching this film for a secon d time I come to a deeper understanding of this comedy that the comedy elements are not merely scheduled to create laughter instead they are planned to sing praise for Xi's primitive and rustic mind to give the thumbs up for Mr..Stein's grit and integrity while giving the thumbs down against Jack's hypocrisy. More importantly I hold that this comedy movie has a social implication for our modern life. Fraught with fierce competition due to the globalization people are progressively deprived of an air of freedom and dedicating themselves to a dreary commitment to mean ambitions or love of comfort. We become desperate social climbers and have devotions to material things. Therefore, bottles-?material things constitute the center rhythm of our life.

Coca-Cola Back In Burma

The Important question that must be answered when analyzing this situation is how Coca-Cola will be able to mitigate the risks Involved with the Instability of the lattice and economic system in Burma. Despite the release of Nuns San Sue Sky, the political situation remains unstable with vast internal disagreement over governance. The international political landscape of the country has made a sharp turn with the severance of ties to North Korea and the rebuilding of relationships with the West. These political relationships have paved the way to cooperative economic developments.The economic development of Burma has been on the rise for the last two decades, with economic growth taking an optimistic Jump of 6 percent in March 2013. The end to the economic sanctions placed by countries such as the United States is contributing to the inflow of foreign capital investment. Additionally the release of the sanctions opened the floor for the development of trade agreements, namely free tr ade agreements and bilateral investment agreements, between Burma and other countries to facilitate further economic growth. In 2012 a Foreign Direct Investment Law was introduced, providing a significant legal issue for foreign investors.FED is customary trialed under the principles of customary law. However, Burma has not signed onto the New York Convention on the Recognition and Enforcement of Foreign Arbitrarily Awards. This creates an unfriendly legal environment for foreign Investors, as Investment Issues are to be trialed In local courts tightly controlled by government with military Influence. Hypothesis The long-term solution that Coca-Cola should pursue Is an International Joint venture between their Crystal Springs bottling plant and a credible bottling partner In Burma.Any companies under U. S sanctions will not be considered so to ensure the credibility of the partner company. Coca-Cola will have 70% ownership of the ewe company, giving the Burmese side 30% control. Thi s will ensure Coke maintains governance over operations and decision making, while protecting their investment. This Is Important considering the Joint venture will be structured so that the domestic asset owner bears the risk of expropriation, which will Increase expertise, sharing of resources and knowledge, and less risk.When the Joint venture first occurs there will be an inflow of knowledge and experienced laborers to ease transition into the Burmese business environment. Considering the political and economic instability and that the country has a culture very different than that of the U. S, it will be beneficial to develop a close relationship with the Burmese culture and business environment. The short-term solution that Coke should implement is a standardized alternative too BIT. This alternative will be a public report that outlines all the rules, regulations, and codes that Coca-Cola expects all employees and suppliers to adhere by.It will outline financial regulations, outside investments, political instability and human rights issues. Most importantly, any violation of the ode will be investigated under an Ethics Committee, hired by Coke. Similar to a BIT, this code will allow for international arbitration, which is beneficial as domestic courts can be avoided for disputes. This alternative will make public all the standards that Coke expects regarding human rights and the security and safety of investments. Transparency is a powerful tool in alleviating risk.The more public the information is, the safer Coke's investments are to corruption and the higher the value is for shareholders. Implementation The implementation of the international Joint venture is a detailed process. Coca-Cola will maintain 70% ownership, which will allow for Coke to be the dominant decision maker. Domestic management will be hired and will have a say in the decision making process of the Joint venture firm. For example, domestic employees will be integral in the marketi ng department where culture is important. The partner chosen for the venture needs to be credible and trusted; therefore no companies under U.S sanctions will be considered. There will also be ample research done to find a partner that has similar business goals and values to ease the transition. Second, up to date research will be conducted to acquire as much information on Burmese business practices and the political and economic environment. The international human resource team will have to develop a compensation structure, programs to train expatriates in local business culture, ensuring expatriates smooth transition into the country, maintain a strict code for all employees to abide by, and develop employee performance reports.Furthermore, there will be performance assessments made to ensure the Joint venture is profitable after implementation. If he venture is not profitable there will be agreement to what conditions need to be met to terminate the Joint venture. A crucial pa rt of the implementation of Coca- Cola's alternative to the BIT is to hire a due diligence team. This consists of external auditors and independent experts, to create rules and regulations regarding financial, outside investments, political instability, and human rights issues that all Coca-Cola employees must follow.Performing a due diligence process contributes information available to decision makers, while engaging with a broad range of takeovers. American and Burmese consultants will be hired to help conduct the due diligence process that will result in a mutually beneficial set of rules and regulations. Furthermore, the alternative to the BIT must be public, allowing for transparency, which is essential to increasing shareholder value. Risk Factors for Joint Venture In regards to the Joint venture, there are various risk factors that might hinder the performance of the firm going forward.While there is synergy to be gained from the firms taking advantage of their specializatio n, differences in management styles and cultural differences can result in disputes, which will affect the short-term success of the firm. The main factor that leads to risks in international joint ventures is poor planning and implementation, which will be mitigated through Coca-Cola's research and experience in entering new markets. Finding an optimal partner and having 70% control will also reduce the risk that the two companies will have disputes over goals, management, and decisions made.If the venture meets the conditions to be terminated the process outlined for termination will be followed. Political and legal risk also play a part, as the new legal entity is 30% Burmese owned, which makes the venture subject to laws and regulations that might not affect Coca- Cola as a multi-national corporation and vice versa. Salary scale differences might also cause issues with human rights groups, which might accuse Coca-Cola of taking advantage of the local workforce by paying a low wa ge as compared to international standards.Despite having a 70% controlling share, Coca-Cola will not have full input when setting long term strategic goals as there will be a shared American-Burmese board of directors, causing less flexibility for Coca-Cola. However, after a thorough due diligence process, Coca-Cola will be experts in making decisions with Burmese law considered. The BIT alternative will also serve as a way to mitigate political risk as it sets a standard for all Coca-Cola employees to follow and allows for international arbitration.Moreover, Joint ventures mitigate expropriation risk, which help protect foreign investments in Burma. Analyzing Alternatives Solutions Alternative 1: An alternative to the Joint venture is for Coke to establish a subsidiary many to take over manufacturing operations in Burma. As the uncertain political and legal situation in Burma is risky and prone to shocks, a subsidiary company will allow Coke to diversity its risk exposure.The risk of human rights violations and political problems arising from operations and negatively effecting Coca- Cola's brand will be reduced, which is one of the firm's most valuable assets. Considerations to be taken into account for this strategy are that it does not completely absolve Coke from responsibilities regarding possible for any financial problems. Furthermore, it is still possible for bad publicity to affect the Coca-Cola brand name, as there is a direct link from the subsidiary to its parent company.Alternative 2: A second option is an alternate business model for Coca- Cola's business operations in Burma. Manufacturing and bottling can take place nearby in a more stable political environment (e. G. Thailand). This will allow the firm to bypass many of the risks of operating in Burma as operating manufacturing is a complex process, which includes hiring of workers, it is capital intensive, human resource issues may arise and there will be a cultural gap. However, import tarif fs into Burma and export tariffs in Thailand will be extra costs.Moreover, the tax rate in Thailand may also be unfavorable as compared to in Burma, and the transportation and delivery cost of getting Coca-Cola products across countries may decrease the profitability margins of its Burma operations. Conclusion The action plan that is recommended to take involves a two-part solution. In the short term the company will create a standardized alternative to a BIT. This public report will outline company rules and regulations. Violations are to be investigated via Coca-Cola's Ethics Committee.Most importantly, this alternative allows for international arbitration, which mitigates expropriation risk and thus, protects investments. In the long term it is recommended that the Crystal Springs bottling plant be a Joint venture of Coca-Cola and a local, credible, bottler. The set structure in which the local bottler is the bearer of risk expropriation will reduce the negative impact of potenti al government actions, which will help protect investments. These recommendations were crafted carefully to allow Coca-Cola to safely allow foreign direct investments amidst the unstable legal system of Burma.

A Way Of Thinking By Entrepreneurs Business Essay

A Way Of Thinking By Entrepreneurs Business Essay Successful companies are driven by visionary people in an effective and efficient way, those people are called entrepreneurs. The Oxford Dictionary provides the entrepreneur concept as â€Å"a person who undertakes an enterprise or business with probability of gain or loss, a contractor who acts as an intermediary, a person who assumes effective control of a business venture. It comes from the French word Entreprende or undertake†. Glancey and Mc Quaid (2000) define them as the protagonists of the process of entrepreneurship The entrepreneur is a leader, who sees opportunities where others see nothing, or only see difficulties. The entrepreneur makes a commitment that leads him to develop an unknown practice to solve a variance in small or large scale, A Entrepreneur will achieve recognition by pleading responsible to solve the problem and meet people who have similar interests. One aspect that should be present in an entrepreneur is: Believe in their own abilities, knowledge and skills, evaluate them, and be consistent with them at all times, these aspects provide confidence in themselves and in what the entrepreneur exposes as business idea These definitions are pointing to the entrepreneur as a person who seeks a reward assuming some risk (potential loss). Basically, the entrepreneur senses a need and then meets of the manpower, materials and capital needed to meet that need. In essence, an entrepreneur creates an organization as a means to offer something new to customers, employees or other stakeholders. Some entrepreneurs use information available to everyone, to produce something new. According to Timmons (1970) the creation and success of a company is not only necessary to administer and manage. The current business generation needs to be led, so organizations need to rethink their culture and practices. Direct them to seek dynamic processes, aimed at the opportunity, where there is the presence of a leader and business team: creative, careful a nd moderate resources, integrative and holistic vision, in order to establish a balance between all the driving forces The entrepreneur is the main engine of capitalist economic development. According to Schumpeter the benefit of the employer is justified by being an innovative ability to create wealth. If the economic system is in equilibrium, all factors of production are paid according to their marginal productivity (Schumpeter,  1934) Characteristics of an Entrepreneur à ¢Ã¢â€š ¬Ã‚ ¢Entrepreneurship. à ¢Ã¢â€š ¬Ã‚ ¢Vision and imagination creative and innovative. à ¢Ã¢â€š ¬Ã‚ ¢Need for achievement. à ¢Ã¢â€š ¬Ã‚ ¢Perseverance and dedication. à ¢Ã¢â€š ¬Ã‚ ¢Teamwork. à ¢Ã¢â€š ¬Ã‚ ¢Comprehensive view of market needs. à ¢Ã¢â€š ¬Ã‚ ¢leadership For example we can mention a current entrepreneur who gained a great market space: Andrew Mason, 29 years, is the creator of Groupon, the web coupons, which became successful with a simple innovative idea .One of the fastest growing compa nies in history, according to Forbes. After saying no to Google, which offered U.S. $6,000millions, they now have a value of U.S. $950 million.Its creator explains why the success of the company very simply: â€Å"We won a commission, customers pay less for the product and associated companies get a return on a large scale for their products and services.†(gruopon.com) Effectuation – Tool of Entrepreneurs

HIstory of the Yorba Family Essay Example | Topics and Well Written Essays - 2500 words

HIstory of the Yorba Family - Essay Example At that time, American Indians dwelled in Orange County until the period of Spanish colonization in the late 1700's. Gaspar de Portola, a Spanish explorer, marched through the San Joaquin Valley, abruptly ending the quiet life of the Gabrielinos (Indians). With the Spaniards came forts, missions and herds of cattle (City of Irvine, 2007). The Spanish Empire wanted to colonize quickly on the West coast of the New World because their enemy, Britain, was preoccupied on the East coast with the Revolutionary War from 1763-1775 (Middlebrook, 2005). One of the members of the Portola expedition was a young soldier by the name of Jose Antonio Yorba (The Colton Letters, 2002), born in San Sadurni de Noya, Spain, in 1746 (Timeline, n.d.). After retiring from military service in 1797, Jose Antonio Yorba later returned as one of several large landowners who established ranchos in the area ("San Antonio," 2005). Yorba settled in the lush California valleys around the Santa Ana River south of Los Angeles. In 1809, he petitioned the King of Spain for a grant of land in this area covering 62,516 acres, which included the current communities of Irvine, Anaheim, Costa Mesa, Newport Beach, Tustin and several others (City of Irvine, 2007). Yorba Linda in Orange County was eventually named after him. The Spanish promoted intermarriage between Spanish soldiers and American Indians. For example, Corporal Jose Antonio Yorba, born in Spain, married an American Indian by the name of Maria Garcia Feliz at Monterey and had two children (Middlebrook, 2005). It is said, one boy drowned at age six, and another died in his mid-twenties. Yorba's wife also died early in 1781. Yorba then married a 16 year old by the name of Maria Josefa Grijalva, an older daughter of another Spanish military leader named Juan Pablo Grijalva who eventually received the highest rank in the Spanish expedition in California and also founded Rancho Santiago de Santa Ana (Middlebrook, 2005). In 1810, Rancho Santiago de Santa Ana, 62,516 acres, was granted to Jos Antonio Yorba and Juan Pablo Peralta by Spanish Governor Jos Joaqun Arrillaga; it was the only Spanish land grant wholly in Orange County (Hallan-Gibson, nd.). Most of Rancho Santa Ana became Orange County, CA, and one of the haciendas became Yorba Linda, birthplace of President Nixon (Harrison, 2000). At that time, the King of Spain began to parcel out lands for missions and for a few large, private land grants. In 1831, after gaining independence from Spain, the Mexican government secularized the missions, assumed control of land holdings and began dispensing ranchos to Mexican citizens who went for grants. (City of Irvine, 2007). In time, Jose Antonio Yorba passed his land to his heirs - the most notable being his son, Don Bernardo Yorba (The Colton Letters, 2002). On August 1, 1834, Bernardo, moved across the Santa Ana River from what is now Anaheim Hills, to establish Rancho Caon de Santa Ana. Rancho Santiago de Santa Ana. Three large Spanish/Mexican grants made up the land that later became the Irvine Ranch: Rancho Santiago de Santa Ana, Rancho San Joaquin and Rancho Lomas de Santiago. The oldest was the Rancho Santiago

Leadership and Entrepreneurship Essay Example | Topics and Well Written Essays - 2000 words

Leadership and Entrepreneurship - Essay Example They create visions and goals to be achieved in a pre-determined amount of time and lay down rules to be followed by their employees / followers in order to attain those goals. For a business to be a successful venture, it is of utmost significance that its leader is a visionary. Considering future as an inevitable element of planning for an organizational strategy is thus, one of the crucial factors while aiming for the desired goals set by these leaders. The success of any organization is largely dependent on the various leadership styles, attributes, models applied during the process of achieving organizational goals, irrespective of the size, type or nature of the said business. The various leadership styles, models and attributes as well as the uncertainty of environmental factors in connection with Small and Medium Enterprises, as observed through various research findings and case studies are discussed elaborately in the following sections (Bass, Bernard, 2001). The term SME refers to Small and Medium Sized Enterprise which employs fewer than 250 people, has an annual turnover of EUR 50 million or less or an annual balance sheet total, not more than EUR 43 million as per the Recommendation of the European Commission Some of the common leadership issues faced by SMEs include, lack of clear/ explicit vision and direction, focus on operational v/s strategic activity, no proper delegation of authority, shortage of time for personal development of the leader, lack of recognition of the need for self development, lack of time for or attention to team development. The process of rational strategic decision making in SMEs requires a long-term stable attitude towards risk. Thus the process of leadership in such small and medium sized enterprises should be future oriented, so as to encompass the various strategic obstacles that these firms might have to encounter in the long run.

Senior Students in Business Major with Higher GPA Tend to Pursue their Research Paper

Senior Students in Business Major with Higher GPA Tend to Pursue their Masters Degree - Research Paper Example It is not also sufficient to supporting a family and  meeting  of the full responsibilities involved in citizenship. In various countries, students are beginning to  attain  and surpass this  educational  achievement. Therefore, they aim at pursuing a Masters degree after attaining  high  GPA in their major. There is also the  issue related  to fast growing segments of the population in the  world. This is  where minorities and low-income students have been the least successful through the educational system.  Therefore, there is the need for improved performance in order to  sustain  the health of the  society  and  meeting  aspirations and hopes for a satisfying life. This calls for the students that have attained higher GPA to be among the best educated people in the world through pursuing the Masters degree. Additionally, the students that have the desire to achieve the best in their lives do not  set  the limits for their success. They t end to continue to the  achievement  of their full potential. These are substantial for  students  to continue with the Masters degree in order to achieve in their lives. These students understand what they  need  to  achieve  from the education systems. ... Business-Higher Education Forum (2004) explains that the businesses leaders have been persistently urging more attention to education, asserting the knowledge and  skill  of the workforce. This  is considered  to determine the economic future. This is In order to meet these expectations; nearly every student with the higher GPA  is encouraged  to enroll for the Masters degree. Different people have been  dependent  on university faculty for the discovery of new knowledge, in order to be applied it to solving the practical problems. This facilitates enhancing the community and peoples living standards. In these universities, students that have the  perfect  contribution to the provision of  knowledge  are those that are Mastering. Therefore, it would be in the desires of every student who is achieving to be associated with the  effort  of providing the  knowledge. According to Business-Higher Education Forum (2004), researchers in the field of education p ropose that among the American degree holders from the business schools foreign-born individuals’ account for 16 percent of bachelor’s degrees, 30 percent of Masters Degrees, and 29 percent of doctoral degrees (Business-Higher Education Forum, 2004). Business-Higher Education Forum (2004) explains that the immigrant students in the United States in business schools have been beneficial for their countries and the rest world. This is because many of them  seek  the Masters Degree programs for the U.S and longer rely on the imported brainpower in their countries. Therefore, there is a growing need of the students in their degree programs in various universities around the world to  pursue  the Masters degree after achieving higher GPA. The students with the higher GPA  are also encouraged  to  pursue  the Master

Commandos by Pyros Studios. Website Planning Report Essay

Commandos by Pyros Studios. Website Planning Report - Essay Example This gaming website generally follows the same pattern as that of other gaming website of its kind, such as Call of Duty and World of Warcraft. However, the website will be distinguishable from its competitors through its logo, color palette, story line and characters that would be used as elements to improve brand positioning of the website and also the game. The primary target market for this website is the age group falling between 16 and 25 and comprises of mostly the male population. Commandos is strategy game based on the background of the World War II that mostly appeals to the young males. Demographic The Demographics that we would be discussing for this website is based on the primary target market, even though there are a large number of gamers that would be accessing the website who do not fall within the following mentioned demographics. Age The age group of gamers for this website is mostly teenagers and also gamers in the early twenties. People belonging to this age group generally are inspired by the use of flash in the website and observe the aesthetics of the website closely. Income Level and Employment Status The target market for this website is mostly unemployed teens that may be working odd jobs at minimum wages. The target market has the time to play games since they are not employed full-time and have spare time at hand. Thus, these gamers are affected by the price of the game and may not wish to invest heavily in the game. Sex Since Commandos is a strategy based war game, it appeals to the male target market that fulfills their ambition of fighting in the war through such games. Also the game has been aesthetically designed to appeal to the male population through the suitable use of

Results of Asthma Related Problems Due to Air Pollution Essay

Results of Asthma Related Problems Due to Air Pollution - Essay Example These allergens are mostly contained in the atmospheric air. The disease has no cure meaning that it can only be reduced by preventing the symptoms and reducing asthma attacks (Tabaku et al. 10). Therefore, studying and understanding how air causes asthma is essential because it will help in finding solutions to the illness. Issues of Concern One of the issues that cause concern for the disease is the fact that it is prevalent in a high population in the society. Twenty million people have been treated with asthma at least once in their life time, in America while in China 4% of the population suffers from the disease. The Center for Disease Control argues that asthma mostly affects children, for example, in America, 14million out of the twenty million people that suffer from the disease are children. 64% of the children living in urban cities such as Beijing in China also suffer from the illness (Krushnan, Kauffman and Hoek 30). Thus, it means that children are the more susceptible to asthma than adults. The effects of the disease in children include obstruction of their learning in school, avoidance of physical exercise, which is essential for growth, and destruction of their cardiovascular system. Adults on the other hand suffer financial losses and absenteeism from their jobs (Cassee, Mills, and Newby 68). This indicates that asthma may cause further destruction in the society such as increasing the number of school drop outs and high employee turnover, if the causes of the illness are not dealt with in time. Factors of the Problem The air pollutants that cause asthma may either be indoor or outdoor. Indoor pollutants are those that are present in the air that people breathe in while inside buildings; while outdoor are those that are in the exterior of buildings. The Environmental Protection Agency argues that the highest population in the world spends more than twelve hours of a day while indoors. The agency also postulates that indoor causes of air pollut ion are more destructive than outdoor pollutants (Haerens 78). This explains the reason for the high prevalence of asthma in major regions of the world such as China and the United States. The indoor air pollutants include bacteria, fungi, tobacco smoke, nitrogen dioxide, and allergens from dust, cats, and mites. The outdoor causes of air pollution that cause asthma include lead, carbon monoxide, ozone, nitrogen, and sulfur dioxide (Haerens 87). Sulfur dioxide originates from the burning of coal and crude oil such as diesel that is used to drive motor vehicles. Nitrogen dioxide, on the other hand, is produced from factories, and it settles on the lower layer of the ozone forming smog that also causes asthma. Nitrogen and sulfur dioxide combine with air in the atmosphere and form tiny particles that cause breathing difficulties in victims (Sudd 77). Some products that consumers use in their indoors activities, and cause asthma include cleaning products and air fresheners (Krishner, K aufman, and Hoek 74). These products have effects similar to those of the atmospheric indoor and outdoor pollutants. Impact on the Health of Humans The health impacts of indoor and outdoor pollutants may be determined according to the causes of pollution. The airborne particles that are produced from the combustion of fuels from exhaust fumes and tobacco

Ethics in Health Management Essay Example | Topics and Well Written Essays - 500 words

Ethics in Health Management - Essay Example b. Ideals: justice, beneficence, receptance, loving kindness and compassion. If the lady is not taken good care of then she might end up succumbing to the illness due to lack of medical care. Living in an untidy house combined with poor feeding might also raise the risks of her being infected by other diseases. Lack of care may make feel ignored and that the family does not recognize her as being one of them. My situation is that of my 89 years old aunt who lives alone and has no other family around her. She lives in a distant town from where I stay, and that makes it hard for me to monitor her condition. I pay her a visit and to my disappointment find her house in a mess and all I do is worry about her wellbeing and security. The other thing that troubles me is that she has a medical condition, and I fear that she might no longer be able to control her diabetic condition, as she may not remember to go for medical check-ups, as it is required for her. In most cases, the elderly have been marginalized hence lacking the needed health care services entitled for the aged. Sometimes funds that are secured to help the aged are withdrawn: citing lack of compliance or self-care (Caroselli, 2003; Metell and Moo, 1998). This is unethical. In this case, I have the obligation of ensuring that she accesses the rightful medical care she deserves, and she stays in a clean organised environment. Despite the fact that she already declined being taken an institution of the aged, it seems that it would be the only rightful thing to do, and would be for her own bosom, because of her medical condition. In the institution, the required level of attention would be given to her, and a medical expert would be available in case her medical condition got worse. She would also have company from age mates, unlike, if she was transferred to a younger persons place, hence she would not get as bored. This has already triggered

Environmental impact assessment of West field Shopping Centre in West Essay

Environmental impact assessment of West field Shopping Centre in West London - Essay Example Proper management of these is important The proponent will use qualified contractors to construct the buildings Westfield shopping Centre is located in Shepherd’s Bush, West London and is developed on a large Brownfield site which was once the location of the 1908 Franco-British Exhibition by the West Field Group. This site is bounded by the Wood Lane, the West Way and the West Cross Route. This site is part of the White City that contains many other developments in various stages. The project parameters can be represented in a flow diagram as shown in Fig.1 Roads leading to the area will experience an increase in the number of pedestrians and traffic since there will be more people in the area. It will however be able to cope with it since it coincides with several other London infrastructure projects that serve West Field and its environs. These projects include the Shepherds Bush railway station built on the West London Line, a bus and taxi rank on the Shepherd’s Bush Interchange and new cycle routes. There is also a grade-separated junction connecting to the West Cross Route and running along the site. b) Employment of about 50 – 60 workers during construction, this has the knock on effect of creating a market for food vendors as well as the obvious benefits to those who depend on the workers employed here The project helps in alleviating office problems around West Field as it seeks to provide modern buildings complete with accessories. It will provide job opportunities to many people especially during construction phase. This will have a multiplier effect with the income spreading to more people. It will open new business opportunities for grocery and other businesses in West Field. The project however calls for proper management to avoid the waste generated ending up in rivers and other waterways. It will affect the scenic value of the surrounding environment but it will add to the aesthetics of the area as well

Scientific breakthroughs Essay Example for Free

Scientific breakthroughs Essay Scientific breakthroughs are achieved either by chance or by a thorough scientific research where people discover or come up with new information about the world they are living in. These research projects are designed according to a standard that provides qualitative and quantitative data through experimentation and analysis. Part of the standard in a scientific research/investigation is the questioning, followed by a potential guess or answer, before an â€Å"if, then† statement. This process or standard is referred to as the â€Å"Scientific Method. † One of the most important elements in the process of scientific method is the formation of hypothesis. Hypothesis is defined as a scholarly guess considered to be the potential answer to the question identified at hand. In order to come up with a specific hypothesis, a certain standard or protocol should also be followed. Questions resulting from observations are piled up and reworded to form a guess. The guess or hypothesis must be in a statement form and not as a question, can be experimented over a test, should be based on observations and information, and should foresee the projected results clearly. It is primarily composed of two variables namely, the independent and dependent variables. Identifying variables forms predominantly the entire process of hypothesis formation. As known, variable, from its root word â€Å"vary†, is a component that changes in the process of the investigation. Upon taking one variable at a time in the formation of hypothesis, the one selected is what we call the â€Å"independent† one. The independent variables could be in the form of abiotic and biotic. The former are the inorganic factors of an environment while the latter are results coming from the living elements of the environment. The dependent variable, on the other hand, is the variable that is directly examined by the researcher. Meanwhile, the researcher can use any of the three methods in writing a hypothesis. He or she can choose the manipulation hypothesis when using the independent variable for experimentation, the choice hypothesis when examining the preference of an organism, or the observational hypothesis when observing organisms where conditions cannot be changed (UTAS 2008 ¬). References University of Tasmania. (2008). Hypothesis Formation. Retrieved March 17, 2009, from http://www. utas. edu. au/sciencelinks/exdesign/HF2. HTM

Contracts and Negligence Assignment Essay Example for Free

Contracts and Negligence Assignment Essay Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract occurs where just one person makes a promise open and available to anyone who performs the required action. For example: â€Å"collecting the reward such as  £100 for a lost document or pet† is unilateral contract. Figure 2 Source: http://www.images.123.tw/unilateral-contract/ The above shows only one side promises Contract can also be oral or written. Furthermore in order for a contract to be valid the offer and acceptance criteria must be met. The lawfully acceptable method for a contract to be binding is illustrated in the diagram below. This is known as Formation of Contract. Figure 3 Source: (www.laws1008.wikispaces.com) A Contract comprises of six important elements before it becomes valid and these are; Offer, Acceptance, Consideration, Intention to create Legal relation, Certainty and Capacity. If a single one of elements mentioned above is missing, the agreed contract will become illegal. The main elements are explained below: Offer: This is the first element in a valid contract. According to Peel (2010) an offer is â€Å"an expression of willingness to contract on specified terms, made with the intention that it becomes binding once it is accepted by the person to whom it is addressed†. An offer must be communicated and should be explicit. The person putting up the offer is referred to as offeror whilst the individual who receives the bid (offer) is referred to as the offeree. However, an offer must be distinguished from invitation to treat. There are two cases to be considered here. One case is Gibson v Manchester City Council (1979) Mr Gibson was sent a letter that informed him the council ‘may be prepared to sell the property to him for  £2,180 freehold†. The City Treasurer stated in his letter that â€Å"This letter should not be regarded as firm offer of a mortgage†. Included in the letter was the instruction on how to complete and return the enclosed application form to make a f ormal request to purchase the property. Mr Gibson did as he was requested but  because of unanticipated change in political leadership of the council, the proposed action to sell houses to tenants was changed and Mr Gibson was notified accordingly that it would no longer be possible for him to buy the house. Initially the Court of Appeal affirmed there was a binding contract between the the council and Mr Gibson but the verdict got over ruled on appeal to the House of Lords. The outcome of the judgement states that the first note forwarded by the Council was not an offer to sell rather it is an invitation to treat and further stated Mr Gibson did not accept an offer instead made one when he sent his completed requisitioned form. However, in an identical case of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was forwarded an ‘Agreement for Sale of a Council House’ form which he signed and posted it back to the Council. The council received his reply before the political reform affecting the sales of house to council tenants transpired. The Council contended that the ‘Sale of Agreement Form to sell the Council House’ was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences between these two similar cases. In the case of Mr Gibson no ‘Agreement for Sale’ was prepared and Mr Gibson did not sign. Whereas for Mr Storer’s case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered Institute of Taxation as â€Å"any words or actions signifying the offeree’s consent to the terms proposed by the offeror†. Acceptance must be final and unqualified. Acceptance should be conveyed to th e offeree. The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of cash on deposit with a bank and say they would pay anyone who contacted influenza while using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with  £100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was sued by her for damages and her case was successful. Consideration: â€Å"means something of value is given by one party to the order: ‘it is the price of  the promise’ (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges Co. Ltd. (1915) Consideration is â€Å"an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable†. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not provide any consideration for the promise made by Selfridge. It is important to highlight that ‘past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration include: Executed (present) this is when an act is completed. An example is a Unilateral contract Executory this is when promises have been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration. In addition there are certain requirements for consideration to be valid and these are: It must not be past. However, there are exceptions such as:  (a) Previous request where the promisor has previously asked the other to provide services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it will be paid for. Casey’s Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says â€Å"provided that previous debt is valid for a bill of exchange†. It has to be forbearance to sue that is, if an individual has valid claim against another person but promises to forebear the enforcement. Combe v Combe (1951) Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842); Chappel v Nestle (1960). Cannot consist sol ely on sentiment value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing duty that is, person carrying out duties that under general rules, they are required to do will not provide consideration. Traditional authority for rule: Collins v Godefroy (1831).  Carrying out additional duties: Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual Duty this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317; Hartley v Ponsonby (1857); William v Roffey – if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnel’s Case. Foakes v Beer (1884) Intention to create legal relations: Parties to the agreement must intend to go into a legally binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be void. Intention to create legal relations could be: Commercial or business relations. Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friend’s relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity: All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who have limitations such as mental health issue, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered necessary but in the case of Nash v Inman (1908). Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable and be responsible for his action. Privy of Contract means that â€Å"a contract cannot under normal situation confer rights or impose responsibilities emerging from it on any person except those involved in it. It is also known as â€Å"Rights of the third party Act 1999†. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. Face to Face (Verbal or Oral): This is â€Å"an agreement based on spoken promises, however it may be difficult to prove and it legally binding and  both parties will understand what they have agreed to and bargained in good faith†. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a thief who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bullogh’s name with a cheque. The thief convinced the jeweller to part with the ring because his wife’s birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bullogh’s address details. As soon as the rogue left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action. The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract: This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from breach of contract. www.wisegeek.com On-line: This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000. Four contractual elements are contained in on-line contracts: offer, acceptance, consideration and intention. Contracts by Deed: â€Å"is a written document signed by the promisor and it must be clear be clear in the wording of the document that is intended to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is used in the civil law, to denote the space of time given to the debtor to discharge his obligation. Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either: conditions, or warranties or innominate terms. www.tutor2u.net An express term is one that  has been particularly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could be: Terms implied through custom, Hutton v Warren (1836) EWHC J61; In fact. The Moorcock (1889) 14 PD 64 At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187 There are two main types of implied term: (a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says â€Å"goods should be of ‘satisfactory quality’ meaning they should be up to standard a rational individual would consider â€Å"satisfactory† and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs – so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post ‘consequence of breach test ’. The judgement given will depend on the magnitude of the breach. Case of: Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim compensations. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for three months. She was ill five days before the opening night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the existence of the contract. If a warranty is breached the innocent party may claim damages but cannot end the contract. Bettini v Gye (1876) QBD 183.  Trader puff is an expression of exaggeration made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of trader puff: â€Å"this is in good shape† and â€Å"your wife will love this car† Representation Term â€Å"is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows: Innocent, fraudulent and negligent misrepresentations (e-law resources) Learning Outcome – 2: Mini-case A The case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was  £15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said â€Å"fairly quickly† with a third party involved â€Å"I have already had a good offer from my colleague† so the following is to be considered when giving the verdict: Term: Offer  £15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration – Time fairly quickly Third Party involved with better offer (Privity) Even though no clear straight form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and negligence in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall Pen asking for the sale of the property. (This was a distance offer as it was done through telegram). When Harvey asked â€Å"Will you sell us Bumper  Hall Pen?†. Facey responded â€Å"Lowest price for the Bumper Hall Pen  £900† to which Harvey responded â€Å"We agree to purchase Bumper Hall Pen for  £900 asked by you. Please forward your title deed so that we may get early possession†. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is â€Å"was that there was no clear offer† from Facey to sell the property to Harvey so the Privy Council ruled that â€Å"An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not† (www.casebriefsummary.com) Mini case B This is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to everyone so no need for acceptance in this instance. The offer here is the reward of  £10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David  £25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating â€Å"Pepsi points† if Pepsi was drank highlighting a young person arriving at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case C Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, â€Å"I’ll give you  £50 for your work†. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the ‘rule of consideration applies in this case’ because consideration can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contract  for his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case D The above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial loss incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case E The above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and Paul it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of â€Å"buying a car from their hundreds of cars†. All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement his money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case F The above is a clear case of tort negligence and breach duty of care. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Council’s notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jim’s car damaged by the Council van is a health is an implied term and safety issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In view of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CA Q. 3.1 Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning â€Å"twisted wrong† and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful death in action. The case was dismissed by the District court for lack of jurisdiction because Mrs Smith’s case was stopped by FTCA’s foreign country exception policy that states that the statute’s waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https://supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same harms. Inclusive of the types of injuries the injured party may recover are: loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as follows: Intentional torts: These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the defendant knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins [1987] Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to avoid a collision and braking. His was found guilty for driving without undue care and attention Negligent torts are the most common tort used to describe behaviour that constitute unreasonable risks to harm to a person or property or where the defendant’s actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendants haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist: Every wrongful act is not a tort. To constitute a tort, There must be an unjustified action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries. Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning :mens rea†. http://education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. She was  found guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of being concerned in the management of premises used for the smoking of cannabis. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding. Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or truly criminal offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma†. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of wrongdoing because the people who were in charge for renting properties are not likely to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract laws The above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below: Tort Law Contract Law No relationship with the claimant, could be total stranger Claimants could be known to each other and parties to the contract Consent not necessary liability is warranted by one individual against another Consenting parties are involved Tort is punitive Contracts is positive, creative situations Tort is used to claim compensation by the injured party Contract involves two or more parties In tort damages are imposed by court or negotiated In Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codified Contract law is codified Tort law safeguards right in rem available against everyone It protects rights in personam meaning against a particular person Damages are un-liquidated Damages are liquidated Source: http://www.acadmia.edu Q. 3.2 Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http://www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below: Duty of Care: is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid injury to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank gi nger beer bought by her friend containing a dead snail causing her harm . This case brought about the â€Å"neighbour principle test† and according to Lord Atkin â€Å"Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure one’s neighbour and this brought about the question ‘Who then in law is my neighbour?’ Neighbours are those individuals who will be closely and directly affected by one’s act† This case led to the Neighbour’s principle. Duty of care is therefore based on the relationship of different parties involved, negligent act or omission and the reasonable foreseeability of loss to that person http://.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pure  economic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the listed bullet points below also known as the tripartite contained in negligence must be met: The element must be reasonably be foreseeable There must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty: is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the baby’s retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury: This arises from â€Å"sudden assault on the nervous system (www.lawteacher.net) and until recently was uncertain in tort of negligence. For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinz’s car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was rejected by the Court of Appeal. Factual Causation: This is the process where it must be proved reasonably in the law that the defendants action led to damage. This in some cases, applying â€Å"but for† test in most cases resolve the disputed tort’s law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages. The case of Barnet v Chelsea Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse who  informed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the â€Å"but for† test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not. Damages: This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as: Special damages: caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. General damages: is a result of the other partys actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages: This is the combination of punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages: These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage Motor co (1915) AC 70 refers. Defences for  Negligence: This is where the defendant tries to introduce evidence that he did not cause the plaintiff’s damage or injury. (www.injury.findlaw.com) There are several defences obtainable to negligence claims such as: Violenti non fit injuria: This is a Latin phrase which means â€Å"for a willing person, there is no harm† and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of: Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had earlier complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence. His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence: This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) â€Å"Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such exte nt as the court thinks just and equitable having regard to the claimant’s share in the responsibility of the damage† so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage. For example if the claimant was entitled to  £20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded  £15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60  the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendant’s car as a result of the defendant’s negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were reduced by 20 per cent by the Court of Appeal. This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification: In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) : This is coined from Latin to mean â€Å"of an illegal act there can be no lawsuit† (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second floor window and got himself injured seriously. The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised ex ‘turpi causa’ that it was a criminal  offence for an arrested person to attempt to escape. The claimant’s appeal was dismissed. Consent: Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain. In addition Consent is very closely linked with â€Å"volenti non fit injuria†. Below are the types of Consent: Express Consent: Is when the defendant agreed to willingly submit to plaintiff’s action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent: is deduced from plaintiff’s conduct. (O’Brien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendant’s ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendant’s doctor indicated he wants to vaccinate her. Informed Consent: This is an individual’s agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers. (2) Consent will be void if it is given under duress or threats of physical force. (3) Consent will also be void if it was given as a result of a mistake and the mistake was (a) Caused by the defendant, or (b) The defendant was aware of the mistake and he did not alert the plaintiff. Necessity: It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendant’s property. Regina v Dudley Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3 Vicarious liability is â€Å"one which on one individual as a result of an action of another†. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the ‘tortfeasor’ commits a tort while in his employer’s employment, the employer is held liable and this due to the doctrine of ‘respondeat superior’ a Latin phrase meaning ‘let the master answer’ . For a court to establish if an employee acted whilst in employment the following must be confirmed if: Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flaming o’s Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer. His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employer’s instruction, or if the employee commits fraud and  acted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below: In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. London General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case th e driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter’s bus despite that the bus driver had been warned strictly not to cause obstruction. His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test: The control test was the original test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the cra ne. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor. Finally, the Employee’s criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiff’s telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employee’s act Health and Safety Act 1974: It is also referred to as HSWA or HASAWA is the main piece  of law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source: (http://www.hse.gov.uk/legislation/hswa.htm) The main purpose of this Act is to ensure: The security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers’ responsibilities include: To provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into air To provide a safe working environment To provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees’ responsibilities include: Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employers Source: (http://www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are: Management of Health and Safety at Work Regulations 1999 Fatal Accident Act 1976 Limitation Act 1980 Law Reform (Contributory Negligence) Act 1945 Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Defective Equipment) 1969 Civil Procedures Rules (as amended by the Woolf reforms) Sources: (www.leeds.ac.uk) In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence. Vicarious Liability. StudyMode.com. 02, 2013. Accessed 02, 2013. http://www.studymode.com/essays/Vicarious-Liability-1451515.html. Page Bibliography In Law, What is the Differences Between Tort and Contract [Online] Available at: http://www.wisegeek.com/in-law-what-is-the-difference-between-tort-and-contract.htm Accessed 28 October 2014 Law on Verbal Contract [Online] Available at: http://www.ehow.co.uk/about_5569485_laws-verbal-agreements.html Accessed on 01 November 2014 Misrepresentaion [Online] Available at: http://www.e-lawresources.co.uk/Misrepresentation.php Accessed 01 November 2014 LAW OF TORTS [Online] Available at https://www.academia.edu/7711371/LAW_OF_TORTS_Distinguish_Between_Law_of_Tort_Criminal_Law_and_Contract_Act Definition of Verbal Agreement [Online] Available at:www.ehow.com/info_7755018_definition-verbal-agreement.html [Online] Accessed 02 November 2014 Contract – Express Implied Terms – Tutor2u [Online]. Available at: http://www.tutor2u.net/law/notes/contract- express-implied-terms.html Accessed 02 November 2014 Breach of Duty [Online] Available at: http://e-lawresources.co.uk/Breach-of-duty.php Accessed on 04 November 2014 Vaughan v Menlove [Online] Available at: http://www.e-lawresources.co.uk/Vaughan-V-Menlove.php Accessed on 04 November 2014 Psychiatric Injury [Online] Available at: http://www.lawteacher.net/health-law/essays/psychiatric-injury.php Accessed on 06 November 2014 Cases –tort-negligence-duty of care [Online] Available

Effect Of Dispossession On Aboriginal Spiritualities Religion Essay

Effect Of Dispossession On Aboriginal Spiritualities Religion Essay The dispossession on Aboriginal spiritualities in relation to the stolen generation is a continuing effect. Dispossession means taking away what was there, in this case when the white settlers came to Australia they took everything from the Aboriginals including their home and families. The stolen generation began at the beginning of the European Colonisation. Colonisation was soon established and it removed all Aboriginal people from their own land and destroyed their sacred sites. Aboriginal girls were forced to serve as domestics and they were even sometimes forced to double up as sexual partners. Aboriginal boys were forced to work as stockmen. Soon came another policy that forced all aboriginal people to reject their own religion and accept and follow Christianity, this policy was known as missionisation. Young aboriginal children were taken away from their parents and their aboriginal families and they were separated from their siblings, every person was sent somewhere else. An example of this is the first video which is about the rabbit proof fence, as seen in the video when the white person came he tore up Aboriginal families, you are able to see how the mothers reacted which gives us the meaning that the parents especially the mothers were badly affected by this. This was known as the stolen generation, it destroyed aboriginal family and cultural life. Aboriginal people and especially the children were moved to stay in missions which were run by some churches and to reserves that were run by the government. Segregation destroyed the spirituality of the aboriginal people and it destroyed their religious links. The aboriginal children of the stolen generation that stayed in the missions and reserves were forced to forget everything from their community and their family and they were forced to dress, talk and act like white people. As seen in the second video, it shows us how the scene of the children being taken away from their family really affects ever yone; the children that were acting that scene were crying and so were the directors, these shows us that till today people are being affected by this and are very emotional about it. The parents of the stolen generation were badly affected and this led to depression, mental illnesses, addiction to drinking and drugs and some parents died a lonely sad death. An example of this is in the third video the interview with Helen Moran, she said she had the idea that her father died a sad lonely death searching for his children, and Helen is still upset about what she experienced and especially how her parents were affected especially her dad. The European contact till today towards the Aboriginal spiritualities is a continuing effect of dispossession in relation to the stolen generation. Part B: Using the source above, examine the relationship between Aboriginal spiritualities and religious traditions in the process of Reconciliation. The process of reconciliation is the relationship of aboriginal spiritualities and religious traditions. Reconciliation is the process where Aboriginal people and non-indigenous people in Australia make a move into the future based on a new relationship that involves important things like understanding, respect and common acknowledgment. This means that the injustice in the past including the dispossession of land and the stolen generation, must be dealt with in order for the Australians to live in peace. Reconciliation was created in order to help and repair the Aboriginal spirituality. The Aboriginal thinking has been negatively impacted by the western Christian missions. Many Aboriginals became nominal Christians because there was nothing they could do. In aboriginal theology there is a liberal tradition, it involves dependence, and social structure of the western church. When Pope Paul II came to Australia and visited Alice Springs, the Roman Catholic Church showed great support for reconciliation, and it was able to make lots of positive movements towards the Reconciliation process. Also in 1998 the Anglican Church of Australia showed its support towards reconciliation and they were also able to encourage many enterprises to help in the process to achieve the reconciliation. The Aboriginal story-telling theology accepted the important links between stories and biblical scriptures and it also kept the traditional and cultural theology. This theology has been used by many theologians; they use this theology because they are able to make it relevant to their everyday life. An example of this is as seen in the artwork from the Lutheran Church of Australia, it shows that the Aboriginals were forced to become Christian but it also shows us the meaning of the cross being white which represents the white religion and the use of bush tucker and the darker drawings around the cross represent the aboriginal traditions and by both being combined together it creates wh oleness that the aboriginal accept because one of their tradition is being put with one of the white traditions. On behalf of the Jews the NSW Jewish Board of Deputies have also shown their support to the aboriginal reconciliation, because they know exactly how the Aboriginal people feel. The Jews and the Aboriginals have both experienced the same injustice and suffering in the past generations and they are working forward together towards reconciliation. The attempts towards reconciliation by all the different religious traditions have helped to bring agreement towards the Christian and aboriginal religious ideas and most importantly the religious traditions in the process of reconciliation. Part C: Using examples, evaluate the importance of ecumenical developments and interfaith dialogue in Australia. Ecumenical development and interfaith dialogue is very important in Australia. Ecumenism is concerned with the common values and teachings that are the same across many different churches in making up the Christian world. Ecumenism focuses on many things, three important ones include: uniting all Christians from all different communities, cooperation across the different communities and it focuses on things that are common across all the communities. Ecumenism was found in the early 1900s, but it didnt come into effect until the 1960s after the World Council of Churches was formed in 1984. The World Council of Churches is an important example that was used for the importance of ecumenical developments. The ecumenical development was a big movement in the Christian church which caught everyones attention across all communities. In 1948 the world council of churches had its first conference which brought together the Protestants, Eastern Orthodox and Old Catholic bodies. The world coun cil of churches had its fourth meeting in 1968 and it was seen in that conference that the Protestants, Orthodox and the Catholics were working together. The calling of the ecumenical movement is to transform the earth into a living house of God. The Catholic Church referred to the ecumenical movement as activities planned and undertaken to show Christian unity. An example of a church that has been a participate of the ecumenism is The Orthodox Churches. They refer to it as a discovery of the shared history of all Christians. In the third meeting of the world council of churches which was in 1961, the Orthodox Church said that the ecumenical movement is a search to reintegrate the Christian mind and recover the Apostolic Tradition. Two examples of a modern day ecumenical movement are the great formation of the Uniting Church in Australia and the week of prayer for Christian agreement. The National Council of Churches in Australia is an example of one common state-based ecumenical co uncil that tries and aims to speak common concerns to the government about important issues that strongly affect Christian life. There is a network in Australia that has 16 Christian churches as participates, this network is the NSW Ecumenical Council. The aims of the network are to promote the idea of Christian churches working together. The core force for the NSW Ecumenical Council is the unity and the important truths of God in Jesus Christ. In the National Council of Churches Australia there have been many churches that have joined but have failed because they werent able to accept the ecumenical dialogue that churches have put forward doctrines and there have been disagreements. Some of these churches include: Baptists and Pentecostals. Interfaith dialogue is the movement between different religious traditions and groups to a achieve peace between the different beliefs. It is important for the interfaith dialogue to be a positive relationship, and there needs to be a good relat ionship with the religious traditions themselves for it to work well. When conflicts arise through the interfaith dialogue, the way it is resolved is by the leaders from the different traditions meet together and talk about their faith and they try to work things out and sort out the misunderstanding. The most important things about interfaith dialogue include: its important that the dialogue starts when people meet, dialogue depends mostly on trust and common knowledge between everyone, dialogue makes it easy to share in the community and finally dialogue becomes the standard reliable witness. Interfaith dialogue has its boundaries of its significance and value. It was said by Dr Gerard Hall SM, who is a catholic theologian, that we all live in a democracy which means everyone has a right to both follow and defend their beliefs and practices, even though they may be considered wrong by other people. Dialogue among people who have different traditions in Australia is a very importan t social structure requirement because Australia is a multicultural and multi-religious society. Dialogue between religious traditions makes a perfect dialogue between Christian groups. An example of this is the catholic churchs commitment to maintain an open dialogue with other faiths, this occurred in 1992, it was brought up by the Bishops committee for Ecumenical and interfaith relations of the Australia Catholic Bishops conference. An important achievement by the council is the set of guidelines for the Christian teachers and preachers; it was created to help them deal more with many passages that are in the new testament that have been used wrongly towards the Jews. These guidelines were developed with the help of the heads of many different churches, some including: the Anglican, Roman Catholic, Uniting Churches and the Lutheran church. An example of a major independent interfaith association that is in Australia is the World Council on Religion and Peace, this interfaith asso ciation is made up of legislative bodies from many major religious traditions. Interfaith dialogue had led to the formation of an annual Australian Multifaith Advisory Forum, that has been represented by 17 faith communities and it has been suggested that in parliament in the beginning of everyday there should be a rotate in interfaith prayers regularly. The best and most important religious improvement in Australia is the growth of ecumenism, and a growth in love, and cooperation between the Christian churches and most importantly dialogue and the cooperation between the many different Christian communities.