Answer to legal problem questions Essay Example | Topics and Well Written Essays - 1250 words

Answer to legal problem questions - Essay ExampleThe test for breach of duty of palm was objective. S180 on the civil penalty provision (ASIC V Rich3) and damages (Deputy Commission on Taxation V Clark4) are the potential remedies for NatureWorld. Application In the case at bar, DD, WW and SS, being directors of NatureWorld, must exercise care and covering to a lower place Section 180, which states that a director or other officer of the corporation must exercise their powers and discharge their duties with the degree of care and diligence that a reasonable person would exercise. Here, all three executive directors failed to exercise the standard of care and diligence mandatory under the law. In the case of AWA V Daniels5, the court decided to tighten-up the directors duties in Australia and deviate from the old common law duty. While in the case of Daniels V. Anderson6 involving similar facts, Daniels counter-sued by alleging that the lineup failed to discharge their duty of car e and diligence. The Court held that visitors and executive directors are liable in negligence since they had no mechanism in place allowing the directors to monitor the audit which contributed to failure to report the irregularities. Further, it ruled that the test for the breach of duty of care was objective. ... While the case of Clark9 held that there is a core, irreducible requirement of involvement among directors in the management of the corporation which prohibits sleeping or passive directors. Applying these cases, the suit filed by the auditor against DD, WW and SS shall prosper for failure to exercise the standard of care and diligence required under S180. Their negligence caused damage to NatureWorld for failure to monitor the financial condition of the company and to conduct a general monitoring of the companys affairs. Remedies The participation should file a case against the auditor, DD, WW and SS, as executive directors for breaching the standard of care and dilige nce required under S180, which provides a civil liability provision, for the damage incurred by the corporation brought about by such breach. QUESTION 2 Facts/Issues One of the employees of the company, Noi Dea was negligent while conducting a tour, which caused serious injuries to one party, thus incurring health check expenses amounting to $330,000. Based on tort, the corporation is secondarily liable to the victim for the acts committed by its employee under the concept of vicarious liability. Law NatureWorld is liable under the principle of corporate liability in tort, which a breach of a common law duty, or a statutory duty which results to an injury. This shall give face-lift to the civil right of the injured party to file an action for damages. In the decided case of Lord Grace V Smith10, Armagas Limited V Mundogas, S.A.11, and Bugge V Brown12, the Court ruled that employers are secondarily liable applying the doctrine of agency or respondeat superior, wherein the employer shall be liable for the acts of its employees or subordinates in

Health, Disability and Long Term Care Insurance Essay

Health, Disability and Long Term Care Insurance - Essay ExampleThis crisis is a fact and statistics are good enough to enkindle its validity. USA spends twice more on its annual healthcare then does 19 of the developed countries in North America and Europe. The percentage of GDP dispense to health seems to be at a rise since 1997 when it reached to 15.7% in the year 2005, and as projected by the agencies of Medicare and Mediaid this percentage would further outgrowth in the neighboring 10 years to a figure of almost 17.5% of the GDP. Yet 15.6% of the American population is still uninsured. (services, april,2005) For a country that has the highest expenditure rates on healthcare, it is preferably shocking that the public gets to face the crisis of high rising prices for healthcare. The two major problems set about by the healthcare scheme of USA include rapid increase in the expenditures made on health and disabilities and high costs for administration of health care issues whi ch account for at least 26% of the total silver in healthcare. The reasons for the rising costs are many including the dependence on the high costs of new medical technologies, drugs and tests, the rising population of the elderly, the rising frequencies of driveway traffic accidence and criminal activities requiring medical attention, intensive work hours and rising pays of health care professionals and doctors, high awareness of medical problems requiring immediate and most of the generation unnecessary medical attention, untoward issues like fraud and issues causing waste of administrative money, the internal situation and inflation rates of the health care system and many more reasons. TYPES OF MEDICAL COVERAGE Broadly speaking, health amends can be of two casings. First is the group health insurance in which an employee and his immediate family are covered by an insurance company that is either partially or mostly paid by the employer. This type of insurance comprises as h igh as 90% of the total insurance issued by the insurance companies. (DeNavas-Walt, 2008) Sometimes this type of insurance may not provide the necessary guard that an case-by-case requires in that case an additional aid with the help of individual insurance can be purchased. Second type is the individual insurance plan. This type of plan, as the name suggests, is individually tailored to anyones needs. This type of insurance is usually acquired when the group insurance is not enough or requires certain addition. In that case one can choose their own preference of insurance company and select as much coverage as they require. This means an encompassing browsing of the options available in the market as the mark ups and premiums on different plans by different companies vary to a great extent. The group and individual insurance plans provide different types of coverage. These policies further include the following types of coverage 1) MAJOR MEDICAL EXPENSE INSURANCE Major medical e xpense insurance is a type of insurance which covers the excess medical expenses incurred due to sudden accidents, injuries or severe illnesses. It is usually in relation to the basic individual or group insurance that would provide the baseline insurance for the regular medical expenses. This type of insurance only covers the excess and high bills that are often faced after an accidental situation or a severe illness. Usually the amount that can be paid through this type of insurance is quite an high which requires the premium to be covered by the individual through various ways.

Banks Deal with Document not with Goods, Services or Performance to Essay

Banks Deal with Document not with Goods, Services or murder to Which the Documents May Relate - Essay ExampleBank regulations are just examples of the commercial laws that have received a gestateable amount of attention in recent times (Grath, 2012, P. 124). These regulations are often established to ensure transparency between banks and individual clients and among the banks themselves. That is, banking regulations subject banks and their clients to certain guidelines and restrictions in the manner in which they deal out their businesses. The necessity of banking regulation, control and standardisation is emphasized by the interconnection the banking industry has with the other sectors of the economy. Banking regulations thus serve to lower or alleviate the risks that banks are loose to and any disruptions and interruptions emanating from adverse economic and banking conditions (Grath, 2012, p. 45). Additionally, bank regulation reduces the criminal risks to which banks are expo sed besides promoting and ensuring the confidentiality of banks (Miller & Gaylord, 2010, P. 46). This paper explores the controversy that banks deal with document not with goods, run or performance to which the documents may relate, as stated in Article 5 of the UCP 600. This statement is explored in regard to the Letters of credit rules of autonomy, compliance principle and fraud, citing several case laws. The Letter of Credit and the UCP The importance of the letter of credit to the current commercial society is evidenced by the numerous rules established to ascertain and control its use. Among these rules that regulate transactions involving the letter of credit is the UCP 600 (The 2007 Revision of Uniform Customs and Practice for Documentary Credits), prepared by International Chamber of works (ICC) Commission on Banking Technique and Practice. The UCP 600 was approved by the ICC Commission on Banking Technique and Practice on October 25, 2006 but the rules became effective on July 1, 2007. The both unique articles included in the UCP 600 are Article 2 on Definitions and Article 3 on Interpretations, both aiming at improved clarity and preciseness in the rules. Prior to the 2007 version of the UCP, earlier versions appeared in 1933, 1951, 1962, 1974, 1983 and 1993. The prominence of UCP is evidenced in the current commercial environment by the many credit garner that are subjected to the latest version of UCP, UCP 600. Therefore, the credit letter is one of the many documents which banks deal with, instead of focusing on the use or performances with which the documents relate (Gutteridge & Megrah, 1985, P. 25). That a bank should deal with documents and not the use or performance to which these documents relate is statement contained in the Uniform Customs and Practices for Documentary Credits (the UCP), a roundabout of rules targeting documentary credits in circumstance in which a credit is specifically indicated to be subject to the rules (Baker & Dolan, 2008, P. 93). The current version of the UCP rules, in use since July 2007, is referred to as UCP 600. The basic principle of documentary credit that outstands in Article 5 of the UCP is that banks deal with documents and not with goods, services or performance to which the documents may relate, a statement reinforced by Article 14(h), which states that in situations in which a credit is attached to conditions that do not stipulate the documents for compliance to the condition, banks have the latitude to consider

Spyware and Implementing Network Security to Prevent it Essay

Spy state of ware and Implementing Network Security to Prevent it - Essay ExampleSpyware may collect different types of information. most variants attempt to track the websites a user visits and then send this information to an advertising agency. More malicious variants attempt to intercept passwords or credit control panel numbers as a user enters them into a web form or early(a) application.The scourge of spyware is going to be here for quite a while, simply because the attacker make so much money from it. An attacker can make a dollar or more(prenominal) per month per septic system by using spyware to inject pop-up ads, Spam and other annoyances. Therefore, attackers have a vested interest to constantly adapt their software and make it ever more stealthy and sticky. Additionally, the stakes are even higher if the attacker can steal credit card or bank account information. What weve seen in the outgoing three years is the growth of a spyware industry that spins off millions of dollars. That money is often folded back into research and development for more malicious attacks. This R&D funding makes their software even more powerful and will continue to do so for the foreseeable future.As spyware continues to threaten the stability of corporate infrastructures, its life-or-death to understand how this malicious software works and how to defend against it. This assignment is a compilation of resources that explain what spyware is, how it attacks and most importantly what you can to do to win the war on spyware.Spyware is any technology that aids in gathering information about a person or organization without their knowledge. On the Internet where it is sometimes called a spybot or tracking software, spyware is programming that is put in someones computer to secretly gather information about the user and relay it to advertisers or other interested parties. Spyware can get in a computer as a software virus or as the result of installing a new program. Some common examples of spyware are CoolWebSearch (CWS), Gator

Homoeostasis Case Study Example | Topics and Well Written Essays - 250 words

Homoeostasis - Case Study ExampleAny fluctuation in the descent glucose concentration is detected by the pancreas, which in turn responds by secreting insulin. The secreted insulin increases the conversion of glucose to glycogen. As a result, Marys blood glucose concentration reduces (IHW 2006).Trekking causes excess issue of water from the body in the form of sweat. As a result, the osmolality of the blood plasma rises. The increasing osmolality (stimulus) of the plasma is detected by the hypothalamus (receptor/coordinating center), triggering the secretion of vasopressin. ADH (effector) causes the opening of aquaporin channel in the collecting ducts of the kidney. In the process, more water is reabsorbed from the urine into the bloodstream. The reabsorption of more water (response) reduces the osmolality of the plasma. However, if alcohol is ingested, it inhibits the secretion of ADH, making the aquaporin channels to close. As a result, the body loses more water in the form of d ilute urine (MMHE n.d., p. 1192).Since Jason had put on a short sleeve shirt, the circumferential nerve receptors in his skin detected the surrounding temperature and relayed an appropriate message to the hypothalamus. The hypothalamus in turn stimulated his skeletal muscles, causing him to shiver. Although the shudder generated heat by friction, it was not sufficient to normalize Jasons body temperature. However, when Jason decided to run, the activity in his muscles intensified and generated sufficient heat to keep him warm. As a result, the shivering stopped because his body had gained the necessary heat (Docherty & Foudy 2006, p. 20).Dampney, RAL, et al. (2006). Central mechanisms underlying short-term and long-term regulation of the cardiovascular system. Available at http//www.ncbi.nlm.nih.gov/pubmed/11985533 Accessed 11 December

Stepping out Essay Example | Topics and Well Written Essays - 500 words

Stepping out - Essay Examplen expressing their desires.It should not be surprising then that quite a absolute majority of females have once had these desires without the public knowledge, which makes them either lesbians or bisexuals. Recent studies have also indicated that the contemporary society is getting more comfortable with the concept of lesbianism and homosexuality, (Schroeder 5-6) as opposed to several years ago.Lesbians have a right to pursue their feeling just as anybody else, and their sexual taste is purely informed by the fact that females are emotional beings. Many lesbians have developed their sexual orientations because of both physical and mental reasons (Walker et al 391). Traditionally, women have felt a enquire to have much more satisfying relationships that are based on trust, love and understanding. However, thishas not been gotten in heterosexual relationships as many women consider them unsatisfactory females understand each others needs more than men do. Because of this disconnect, females tend to turn to fellow females for emotional and sexual gratification.Given that sexual orientation is discovered rather than decided at birth, it must be understood if a females sexual orientation is towards fellow females than towards males as is the norm, accept ones sexuality is more helpful than denial as it may lead to multiple mental problems. For instance, the stigmatization of lesbianism may cause psychological trauma to lesbians, which has far reached repercussions in their later lives (Hilton and Szymanski 292-293). In this regard, lesbians must be given the love and support of family, friends and society without discrimination moreover, it should also be hold that lesbianism does not destabilize the norm of heterosexual relationships in any way as opposed to the fears of those who reject it. Lesbianism in any case should be looked at as an alternative form of relationship to females, rather than being ostracized in society. Lesbians have

Rhetorical Analysis of Hurricane Essay Example for Free

Rhetorical Analysis of Hurricane EssayMartin Luther King once said, There comes a term when wholeness must presume a position that is neither safe, popular, or political, but because it is right. The var. Hurricane, written by Bob Dylan takes a stand and ignores what was safe, popular, and politically right during the 1960s and 1970s, in order to paint a picture of injustice. Dylan organizes the actual events of a globe named Rubin Hurricane Carter who was a middleweight boxer improperly incriminated and convicted of a double homicide. Dylan narrates the song and uses his credibleness as a rock star to reason with a broader audience, while evoking the emotions of listeners by describing horrific events, prejudice, and coercion by fraudulent figures of authority that developed erroneous allegations. As a result the man (Hurricane) authorities came to blame was convicted and put in prison for 20 years but as Dylan says in his song, Hurricane could make up been the champio n of the world, referring to Hurricane, who was a well known sports figure for his boxing talent.The song is also narrated in such a way that Dylan tries to convey a meaning that will non only cause a critical analysis of the injustice by his fan base but also by the popular public. The setting of the song takes place in Patterson, New Jersey, which is a line written in the song that reads, and they arrive on the scene with their red lights trice in the hot New Jersey night. In the first verse of the song Dylan attempts to hook listeners with the words, pistol shots ring out in the barroom night. and later on describing a bartender laying in a pool of blood he then moves on to quote a secondary character named patty Valentine as saying, My god theyve killed them all describing the three men that lay slain in the barroom.The next two sentences tells audience what Dylan is going to do in which he says, Here comes the point of the Hurricane, the man authorities came to blame f or somethin he never done. Put in a prison cell, but one time he could-a been the champion of the world. The first verse grabs the emotions of listeners by creating fear while imagining the sound of gun shots, a woman screaming, and a man laying dead in a pool of blood. While the second to last sentence of the first verse, gives an identity to the main character Hurricane, which is an attempt to stimulate an audience to imagine a man who is akin a hurricane. The first time listening to the song, one mogul envision a man who was very tall, muscular, and who could rip doors of their hinges, and could pick up Volkswagens and throw them the length of a football field.In reality Hurricane is only five foot, eight inches and weighs one hundred and seventy pounds. However, Dylan does a fantastic patronage pulling his listeners in while introducing the main character and opening events that would build on one another until an apex of the song is reached. Dylan not only exhibits credible ness because of his fame but most importantly his song writing ability. Two of his previous songs Blowin in the wind and The Times Are a Changin were anthems used during the U. S. complaisant Rights and anti-war movements of the 1960s.Dylans way with words was again what enabled him to tell of Hurricanes awful injustice, while hoping the lyrics to the song would invoke his audience to work to prevent and end similar injustices from occurrence in the future. Throughout the song Dylan makes suggestions of racial prejudice and coercion by the Patterson, New Jersey police, the District Attorney (D. A. ), and the pronounce who over saw the proceedings. For utilization he writes, Number one contender for the middle weight crown had no idea the shit was about to go down when a peg pulled him over to the side of the road just like the time before and the time before that.In Patterson that just the way things go. If youre shameful you might as well not show up on the street. Less you wa nna draw the heat. The heat Dylan is referring to was the ongoing harassment of African Americans by the Patterson police. Later in verse nine Dylan writes, All of Rubins cards were marked in advance the trial was a pig-circus, he never had a chance. The judge made Rubins witnesses drunkards from the slums. To the smock folks who watched he was a revolutionary bum and to the black folks he was just a crazy nigger. No one doubted that he pulled the trigger.And though they could not produce the gun, the D. A. said he was the one who did the deed and the all-white jury agreed. In this verse Dylan is making a point that not only were the Patterson police trying to make an example out of Hurricane but also the D. A. and the overseeing judge. Keep in mind that during 1966 the United States was in the midst of a diachronic transition as just two years earlier President Lyndon B. Johnson had signed the Civil Rights Act outlawing all forms of discrimination against African Americans and women, including racial segregation.The act created serious tension among whites and blacks as a majority of whites refused to accept the change and the blacks were free to fight back against those who refused. In the end the tension provoked many hostile riots and fights to breakout all over the U. S. The year 1966 also marked the start of the Black Power movement, which was maintained until the 1970s. The movement brought together black collective interest that consisted of racial pride, political goals, establishment of other social institutions, and most importantly a continued defense against racial oppression.Given the historical context one could attest that Dylans speculation of lingering racism could very a great deal be true and at that time was very much alive. Throughout the song Dylan continually uses words and fraises that evoke the beliefs and values of those not only of the 60s and 70s but also of like a shots generation. Dylan incessantly draws attention to the c allous environment that was created and controlled by the Patterson police. The Police and the District Attorney needed someone to arrest for the barroom murders and the person that run low the description was Hurricane.In verse quaternary Dylan introduces two more characters named Alfred Bello and Arthur Dexter Bradley. By doing this Dylan keeps the attention of his audience as he writes, Alfred Bello had a partner and he had a rap for the cops. Him and Arthur Dexter Bradley were just prowlin around he said. Dylan is telling the story as though Bello was speaking to the police in regards to why he and his partner were at the crime scene. Dylan goes on to quote Bello again having said, I saw two men runnin out and they looked like middle weights (boxers) they jumped into a white car with out-of-state-plates.Dylan uses the above sentence to further suggest that the real criminals, Bello and Bradley pinned the blame on Hurricane and his friend and hinted to the cops in such a way t hat directed them to accuse and arrest a well known public figure that happened to be a middle weight boxer. Dylan is again trying to send a depicted object to his audience that Hurricane was falsely accused. After the police arrested Hurricane and took him to the hospital to be identified by a wounded victim looking through his one dyin eye, the man says, Whad you bring him in here for? He aint the guy Dylan continues to link events together working toward his final message as he narrates the coercion of Bello and Bradley by the Patterson police.When four months later the two ar reminded of the murder and reminded of the getaway car and atomic number 18 asked, You think youd like to play ball with the law? Think it might-a been that hoagy that you saw runnin that night? Dont forget your white. Dylan moves on as he writes, Rubin Carter was falsely tried. The crime was murder one, guess who testified? Bello and Bradley and they both baldly lie and the newspapers, they all went a long for the ride.How can the life of such a man be in the palm of some fools hand? To see him obviously frame in couldnt help but make me feel ashamed to live in a land where justice is a game. Verse ten lets you know up front that Hurricanes conviction was wrong. The next sentence continues to work on the audiences emotions as Dylan words describe his anger and disgust and that its no surprise that Bello and Bradley testified. In the following line, Dylan is alluding to the Patterson county judge as the fool with Hurricanes life in the palm of his hand.In the last sentence, Dylans words are directly aimed at the American justice system calling it a game, which tells the audience you should be ashamed too. In the final verse Dylan hits listeners with a combination of three punches as he ends with his experienced opinion, beliefs, and desires. He writes, Now all the criminals in their coats and their ties are free to drink martinis and watch the sun rise, while Rubin sits like Bu ddha in a ten-foot cell an innocent man in a living hell. Thats the story of the Hurricane, but it wont be over till they exempt his name and give him back the time hes done.Put in a prison cell, but one time he could-a been the champion of the world. It is obvious that Bello and Bradley are the criminals free to drink martinis and know how to play the justice system game. Rubin sits like Buddha in a ten-foot cell is to influence the audiences emotions visualizing a man sitting in his own personal hell like a statue that can do nothing but wait. Dylan lets the audience know he has finished the narrative by saying, Thats the story of Hurricane. The statement, But it wont be over till they clear his name and give him back the time hes done.Put him in a prison cell, but one time he could-a been the champion of the world. is telling the audience that they need to stand up and exact that the injustice of a innocent man be cleared and compensated for the time he has spent in prison. The ending chorus reminds the audience that the wrongful conviction not only took twenty years from a mans life but also his chance at greatness. Before the song starts, Dylans reputation precedes him as a bond and a trust had already been established with his audience and those of the general public who knew of him.Although the song is not a part of our current pop culture, Dylan attempts to use his credibility to draw attention back to the racial discrimination and prejudice that was still looming the country after the Civil Rights Act of 1964 had been implemented. From the beginning of the song to the end, Dylan tries to send a message to evoke the values and beliefs of his fans and the general public calling out to them to stand together against what was safe, popular, and politically right and to not only advocate for Rubin Hurricane Carter but also demand the justice system prevent further unlawful injustice from happening in the future.By narrating, Dylan uses he words and ph rases to invoke the emotions and hearts of his audience by describing the pain, loss, and anger, that Hurricane felt and the disgust that Dylan, himself felt in relation to the active events in the story and those who are a part of the justice system. The last idea that Dylan leaves his audience with is Hurricane was, put in a prison cell, but one time he could-a been the champion of the world. if it wasnt for his wrongful incarceration.