Corporate Law Securities and Investment

Question: Examine about the Corporate Law for Securities and Investment. Answer: Presentation: The current case had been initiated as common procedures in the Supreme Court of New South Wales by the Commission of Australian Securities and Investment against James Hardie Industries Limited. The case was started in setting to bogus and misdirecting arrangement and introduction of open explanations and penetrated the guidelines of segment 180(1) under Corporations Act. It was discovered that the case included James Hardie Industries NV alongside the seven chiefs, previous non-official and three previous administrators of James Hardie Industries Limited. The choice of the case introduced the essentialness on the job of chiefs including official and non-official executives, alongside the senior official administration of the association. Further, the case likewise featured the suitable execution of lawful guidelines for thinking about the key issues, issues on corporate administration and different business choices. Foundation of the case: James Hardie Industries Limited was holding/parent organization of the authoritative gathering James Hardie that was occupied with the assembling and exchanging business of asbestos till the year 1937. Until the year 1987, the James Hardie bunch including its two auxiliary organizations occupied with the matter of same items. Afterward, in the year 2001, early February, the board individuals from the association framed an establishment named Medical Research and Compensation so as to oversee and fulfill the case for asbestos items. As needs be, the hierarchical officials arranged a draft ASX declaration with the end goal of open discharge which was endorsed by the governing body. Another occasion happened during a similar time was development of contract and repayment deed between the organization and Coy Jsekarb to reimburse the association from the liabilities against the exchanging of items. According to the arrival of ASX draft by the James Hardie Group, the absolute resources of the establishment was esteemed and expressed to $293 million. It was referenced that the said sum would be sufficient to meet the necessary assets for compensatory claims for the injury on utilizing the asbestos items. Considering the question and answer session, it was noticed that the associations CEO, Mr. Macdonald, introduced proclamations on the Foundations adequate assets. Additionally, it was discovered that The Deed was not introduced and uncovered in any declaration made by ASX. Further, it was seen that the gathering of James Hardie was limited after the arrangement of the Foundation, as far as new parent organization and joined in the Netherlands. During the year 2002, the CEO of the endeavor, Mr. Macdonald gave introduction over a few districts expressing the announcement on adequate assets in the Foundation concerning the holding organization, James Hardie Group. Likewise, the Commission of Australian Securities and Investment started common procedures against the associations (JHIL and JHNIV) for introducing bogus and deceiving proclamation. The commission battled that the associations gave bogus proclamations regard to the protections prompting beguiling behavior and break of consistent divulgences in consistence with the standards of Corporations Act. Aside from the association, the procedure was likewise initiated against the non-official executives, CEO of the association just as the General Counsel alongside the hierarchical CFO. Lawful Issues The accompanying case includes common procedures regarding the oversight and guideline of the significant standards of Corporations Act. The case fuses whether the declaration made for the Foundation explanation was affirmed at the gathering of the chiefs and whether the moment was set up in consistence with the standards under area 251A and 1305 of the Corporations Act. It had been seen that the announcement gave by the authoritative executives contained extortion and deluding data to the financial specialists and different partners of the organization. It is required to be resolved that whether the chiefs of the organization including senior administrators penetrated the guidelines of segment 180(1) of the Corporations Act. Further, the current case requires to decide if the standards of area 995(2) of the Corporations Act had been gone along while making the declaration for the arrival of explanation to ASX. Since the discharged explanation contained the data on existing assets wi th the Foundation, it is basic to uncover the valid and reasonable estimation of advantages and assets to support partners, speculators and open. As needs be, the last arrival of the announcements requires to be endorsed by the executives just as it is imperative to check the consistence of legitimate guidelines for right and reasonable divulgence of estimation of advantages. Hence, it is required to be examined whether the organization followed the standards of segment 995(2) and 999 alongside the guidelines of area 180(1), 181 under Corporations Act. It is to be resolved whether the chiefs neglected to consent the guidelines of Corporations Act area 180(1) as for the endorsement of draft articulation and open declaration made through ASX. Aside from the organization and chiefs, the case remembers examination for consistence of Corporation Act guidelines in part of CEO and general direction as for the draft Information Memorandum to be utilized for the course of action of individuals conspire. Also, guidelines of segment 1041 under Corporation Act alongside the examination of Listing Regulations 3.1 to rebuild exposures. Lawful Principles As indicated by area 251A under Corporations Act, the association is required to plan and keep up the moment book inside the time of one month to record the goals and procedures of the gatherings. It is likewise imperative to record the procedures of meeting of chiefs just as different goals passed by the organization executives or individuals. Further, area 1305 of the Corporations Act requires an organization to keep up the corporate books with the end goal of allowable in proof for procedures or some other lawful issues (Austlii.edu.au 2016). According to area 180 of the Corporations Act on care and constancy to be performed by the chiefs and officials, it is critical to practice the obligations for business exercises by keep up sensible consideration and persistence. The chiefs and official officials are required to release the imperative obligations with appropriate consideration so the business choices and exercises reflects valid and reasonable outcomes for the partners and op en (Madsen and Rodgers 2015). With the end goal of any business choices, chiefs and officials are capable to make judgment dependent on great confidence and it ought exclude any close to home intrigue material to the organization. Aside from that, area 180 gives that the chiefs and administrators ought to advise themselves including the organization with the end goal of fitting and reasonable business choices. It is essential to lead business exercises just as business choices to the greatest advantage of the association too he partners (Crane, Graham and Himick 2015). Also, area 180(1) alongside the sub-segment (2) ought to be worked in consistence to the guidelines of precedent-based law concerning the chiefs obligations. Further, segment 995 just as segment 999 of the Corporation Act expresses the guidelines on deceiving or misleading behavior for planning and introducing the announcements for managing in protections. It expresses that any individual, chief or official of the association ought not be engaged with connection to the arrangement of protections for allocation, issue or to distribute the related proclamations (Austlii.edu.au 2016). Additionally, it is expressed that the contradiction of area 995 would be thought of if the announcement of protections esteem or some other important data on the off chance that it contains beguiling or misdirecting data. In like manner, segment 181 of the Corporation Act requires the authoritative executives to introduce the business archives and proclamations in evident and reasonable view just as in compliance with common decency to serve speculators and different partners of the organization. On the off chance that the any chief or official repudiates the standards of segment 181, at that point the guilty party would be at risk under common punishment according to the restrictions referenced under area 1317E. As needs be, area 1041 furnishes that the individual drew in with the association ought not be engaged with any exchanges whether legitimately or in a roundabout way to make fake exchanging value (Austlii.edu.au 2016). Choice Considering the legitimate guidelines and standards of pertinent to the conditions laid in the current case, the court fought that the chiefs and other hierarchical administrators neglected to go along the prerequisites of Corporation Act. It was discovered that the secretary, general insight and different chiefs of JHIL penetrated the standards of area 180(1) since the concerned officials neglected to guarantee the responsibility and reasonableness of the ASX declaration. As the announcement referenced the data on adequate assets for taking care of the pay, it is huge to give a similar straightforwardness and responsibility. The duty of introducing the valid and reasonable explanation lies on the CEO, CFO, secretary just as general insight of the organization guaranteeing the consistence of required arrangements of Corporations Act. Regarding the repayment deed, it was fought by the court that the authoritative CEO and General Counsel didn't go along the arrangements of 180(1) for furnishing endorsement to discharge the deed with deceiving data. In like manner, if there should be an occurrence of ASX declaration, the court found that the CEO of the organization penetrated the standards under areas 999 and 995 of Corporations Act since the declaration contained deceiving data

A Quiz About Compressing Accordion Sentences

A Quiz About Compressing Accordion Sentences A Quiz About Compressing Accordion Sentences A Quiz About Compressing Accordion Sentences By Mark Nichol Energetic, exuberant composing expects taking care of stating that eases back perusers down or potentially entangles them. Be careful about discovering approaches to make sentences not so much longwinded but rather more immediate. Firm up these five out of shape sentences, and contrast your modifications and mine: 1. â€Å"The unit incorporates a lot of five food compartments, and they are dishwasher safe.† Addition the key data in the second condition of this sentence as a phrasal descriptive word going before the subject: â€Å"The unit incorporates a lot of five dishwasher-safe food containers.† 2. â€Å"In 1995, he distributed a book called Bowling Alone, which brought the term ‘social capital’ into our nation’s vocabulary.† Move the concentration from the author’s demonstration of distributing the book to the aftereffect of the distribution by erasing compacting the expression â€Å"he distributed a book called† to â€Å"his book,† then erase the comma and which: â€Å"In 1995, his book Bowling Alone brought the term ‘social capital’ into our nation’s vocabulary.† (Use this arrangement warily, as such a move in center may make the section veer from loyalty to the author’s goal.) 3. â€Å"The film was appointed by the US Treasury Department, and it was disturbed from the beginning.† At the point when a sentence incorporates more than one type of the action word express â€Å"to be† is, was, were, and so forth find an approach to wipe out in any event one of them; for this situation, modify what follows was in the main statement to a subordinate condition, and cast off the combination: â€Å"The film, dispatched by the U.S. Treasury Department, was pained from the beginning.† (Look for circumstances in such cases to supplant not one but rather both â€Å"to be† action words, which are sub-par in effect on progressively striking action words doing so may urge you to be increasingly explicit, as well: â€Å"The film, authorized by the U.S. Treasury Department, experienced bureaucratic obstruction from the beginning.†) 4. â€Å"Smith is leader of the Ethics and Religious Liberty Commission of the Southern Baptist Convention, and habitually speaks to evangelicals in the media.† This sentence is improved in a similar manner as the past one, with the extra improvement of supplanting the verbose â€Å"part of the whole† development with a â€Å"whole’s part† modification: â€Å"Smith, leader of the Southern Baptist Convention’s Ethics and Religious Liberty Commission, every now and again speaks to evangelicals in the media.† (Take care, in any case, that this more focused rebuilding isn't more cumbersome than the first expressing.) 5. â€Å"My cousin, who is utilized as a disease transmission expert at the Centers for Disease Control and Prevention, guarantees that a situation like that one could happen if the conditions were right.† Erase the repetitive markers that the writer’s cousin is an individual (who) and is utilized at the work environment, and fix the remainder of the sentence by changing over expressions that contain a descriptive word and follow a thing into descriptors going before the things and altering them all alone: â€Å"My cousin, a disease transmission specialist at the Centers for Disease Control and Prevention, guarantees that a comparable situation could happen under the privilege circumstances.† Need to improve your English in a short time a day? Get a membership and begin getting our composing tips and activities every day! Continue learning! Peruse the Grammar classification, check our well known posts, or pick a related post below:50 Handy Expressions About HandsHow to Pronounce MobileAdverbs and Hyphens

Blog Archive Mission Admission The Thank You Note

Blog Archive Mission Admission The Thank You Note Mission Admission is a series of MBA admission tips; a new one is posted each Tuesday. After visiting campus or interviewing, many candidates choose to write thank you letters to their respective hosts. So, what makes a good thank you note? 1) Personalization: When writing to your host/interviewer, show sincerity by personalizing your letter. By handwriting your letter and mentioning specifics about your conversation and experiences, you will continue to foster your connection with your interviewer and show that your interaction truly made an impression. 2) Brevity: Your letter should be no more than a few sentences long. If you write several paragraphs, you run the risk of creating the negative impression that you are trying too hard or that you simply do not respect limits (possibly even suggesting that you might carry on too long in class). By being brief and sincere, you will instead make a powerful impression that will yield results. 3) Speed: Send your letter within two or three days of your visit, at the most. After a week, your interest may logically fall into question, or your host may simply forget some of the details of your conversation that you are trying to reinforce. By writing your letter immediately, you will create the impression that you have been energized by the experience and are eager to maintain your connection. Thank you notes are generally not  a “make or break” aspect of your candidacy, but they can establish continuity and demonstrate your continued interest to your target schools representatives. We encourage candidates to follow up with such notes  because they are a low-cost way of reinforcing a positive impression/relationship. Share ThisTweet Mission Admission

Native Americans Of North Carolina Essay - 1021 Words

American Indians had been living in North Carolina for at least 9,500 years before European explorers first encountered them in the 1520s. For the past several decades an increasing number of Americans have been identifying as American Indians. For centuries before European contact, these native people lived in harmony with the natural environment, taking no more from the land than they needed to survive. Of all the states in the Union, North Carolina has witnessed the largest increase in Native American population during the past 100 years, based upon official government census documents. The Indian population in North Carolina consists of one federally recognized Indian tribe (Cherokee), seven state-recognized tribes, and†¦show more content†¦The Qualla Boundary reservation, where much of the tribe now lives, was charted in 1889. The total land base of the Eastern Band of the Cherokee Indians consists of 56,573 acres in western North Carolina. 5,287 of the tribes 6,311 members live on the Qualla reservation. The Eastern Band is a political body, administered by a chief and a vice-chief who are elected to four-year terms. Haliwa-Saponi The Haliwa Saponi people are descendents of the Saponi, Tuscarora, Occaneechee, Tutelo, and Nansemond Indians. In the 1700s these five tribes merged, settling in the area of Halifax and Warren counties where the Haliwa Saponi live today. In 1957, the Haliwa-Saponi established the only tribal school recognized by North Carolina at the time. Today, the school building houses the Haliwa-Saponi Tribal Charter School. The tribes home base is in Hollister, NC. The tribe is under the leadership of a council and chief. The Tribal Council consists of 10 members, the Chief and the Vice Chief. The current population of the tribe is at least 3,005. The Haliwa-Saponi leadership has focused upon three major issues during the past two decades: tribal self-sufficiency, preservation of tribal culture, and improving the quality of life of its members. Indians of Person County For more than two centuries, the Indians of Person County have lived in the central Piedmont straddling in the North Carolina-Virginia border. They descended from aShow MoreRelatedTrail Of Tears : Reasons Behind The Action1648 Words   |  7 PagesIndians in 1836 from western North Carolina to Oklahoma, known as the â€Å"Trail of Tears,† is one of the most traumatic events in American history. By 1830, the Native Americans had adopted the written language of the Anglo-Americans and signed treaties with them guaranteeing their rights to their land. Although the Natives often adapted to the Anglo-American ways of life and many Natives converted to Christianity, the relationship between the Natives and the Anglo-American people was far from peacefulRead MoreAustralian And Native American History1472 Words   |  6 Pagesvastly different regions and cultures of the world, Australian and Native American mythologies have more in common than people initially realize. Both span th ousands of years of traditional lifestyles, having developed unique folklore in order to preserve their cultures. Australian mythology has a slightly less severe tone, having written their myths in order to record them in the aftermath of colonization, while Native Americans feel a religious reverence for the tales because they view their storiesRead MoreCherokee Indians And Native American Tribes1056 Words   |  5 Pageswhen the topic of Native Americans is discussed it is only about the struggles and hardships they went through but never their actual culture of how and where they originated or how they came to be. There are many interesting things to learn about Cherokee Indians such as their heritage, religion, language, and their traditional songs, dances, and food. The Cherokee people have been identified as one of the most socially and culturally advanced of all other Native American tribes. ArtifactsRead MoreThe Indian Removal Act Of 1830865 Words   |  4 PagesWhen the Indian Removal act of 1830 was enacted, the Cherokee Nation panicked. The Cherokee, specifically the romanticized Tsali, did their best to preserve their culture in the mountains of North Carolina, but what really saved them from their harsh fate that so many other Cherokee faced, was there white chief, William Holland Thomas. The Cherokee were â€Å"disagreeable and dangerous neighbors,† but they had a powerful ally in Raleigh, who saved the Eastern Band from a much harsher fate. The EasternRead More My Cultural Identity Essay examples998 Words   |  4 PagesMy culture identity, as I know it as is African American. My culture can be seen in food, literature, religion, language, the community, family structure, the individual, music, dance, art, and coul d be summed up as the symbolic level. Symbolic, because faith plays a major role in our daily lives through song, prayer, praise and worship. When I’m happy I rely on my faith, same as when I’m sad, for I know things will get better as they have before. There are different disciplines within the humanitiesRead MoreUnfair Treatment of the Native Americans1498 Words   |  6 Pagesof the Native Americans- the Cherokee Nation Throughout the 19th century Native Americans were treated far less then respectful by the United States’ government. This was the time when the United States wanted to expand and grow rapidly as a land, and to achieve this goal, the Native Americans were â€Å"pushed† westward. It was a memorable and tricky time in the Natives’ history. The US government made many treatments with the Native Americans, making big changes on the Indian nation. Native AmericansRead MoreChapter 3 : The British Atlantic World1657 Words   |  7 Pagesforced the Iroquois to assist them in a war against the French, to which the Iroquois, like Onondaga orator Canassatego, were forced to say yes. Similar to the French and Spanish colonies, the British allied with Native Americans to gain power in North America. Meanwhile, many Native American groups grouped together in what the British called â€Å"tribes† in order to counter population decline and have some political power. The colonies were mostly autonomous and part of the South Atlantic System, whichRead MoreAp American Historyï ¼Å¡ Slavery953 Words   |  4 PagesAnalyze the origins and development of slavery in Britain’s North American colonies in the period 1619 to 1776. Support your answers with evidence from the assigned readings. The Root of Slavery in Colonial America 1619-1776 The colonists did not choose Africans for slavery simply because they were unease by their alien skin tone or because they belittle the people’s lack of civilized background. In fact, the first Africans to arriveRead MoreColonization and Conflict in the South, 1600-1750 Essay1441 Words   |  6 Pagesof seventeenth-century North America were weakened by disease, wracked by recurring conflicts with Native Americans, and disrupted by profit-hungry planters’ exploitation of poor whites and blacks alike. Many of the tragedies of Spanish colonization and England’s conquest of Ireland were repeated in the American South and the British Caribbean. Just as the English established their first outpost on Chesapeake Bay with a set of goals and strategies in mind, so too the native Indians of that regionRead MoreEssay on Development of African American Studies1148 Words   |  5 PagesDevelopment of African American Studies Scholars have dedicated their time and attention to furthering the discipline of African American Studies and can define the field with many different definitions. Through looking at the origins and development in the study we can see how it became a legitimate academic field. As we study the writings of the African American intellect, it will fully explain the importance of the discipline. Their work will justify the study of cultural and historical experiences

Quotes From the Film Boondock Saints

Two Irish brothers, Murphy and Connor, feel that theyve been authorized by God to clean up the underworld. Predictably a lot of blood, gore, and swear words follow. Each Boondock Saints quote given below is representative of the colorful dialogue that abounds in the film. Connor Well, a penny saved is worth two in the bush, isnt it? Connor You look like Mush-mouth from Fat Albert. Il Duce The question is not how far. The question is, do you possess the constitution, the depth of faith, to go as far as is needed? Monsignor And I am reminded, on this holy day, of the sad story of Kitty Genovese. As you all may remember, a long time ago, almost thirty years ago, this poor soul cried out for help time and time again, but no person answered her calls. Though many saw, no one so much as called the police. They all just watched as Kitty was being stabbed to death in broad daylight. They watched as her assailant walked away. Now, we must all fear evil men. But there is another kind of evil which we must fear most, and that is the indifference of good men. Murphy Were sorta like 7-Eleven. Were not always doing business, but were always open. Murphy Do not kill. Do not rape. Do not steal. These are principles which every man of every faith can embrace. Murphy [to a Russian gangster] So youre Chekov, huh? Well, this heres McCoy. Find a Spock, we got us an away team. Paul Smecker First of all, Id like to thank whichever one of you donut-munching, barrel-assed, pud-pulling sissies leaked this to the press. Thats all we need now: some sensational story in the papers making these guys out to be superheroes, triumphing over evil. Paul Smecker So Duffy, have any theories to go with that tie? Paul Smecker You know, you Irish cops are perking up. Thats two sound theories in one day, neither of which deal with abnormally-sized men. Kind of makes me feel like Riverdancing. Rocco Ill catch you on the flip side. Yakavetta The 90s are killing me. I shouldnt have done that. Youre not supposed to tell a guy youre gonna kill him no more.

Essay on Life, Death, and the Heroic Archetype - 2880 Words

Life, Death, and the Heroic Archetype The heroic archetype is a creative expression borne of the individuals desire to know and to understand the uncontrollable and often chaotic world in which he lives. In the popular culture of America we can find many reflections of the heroic figure; in writing, in the graphic art of comic books, and most certainly in the aftermath of September 11th, heroes are ever present. Our cultural champions speak to our collective need to make sense of the nonsensical and to establish order in both our external and internal worlds. Indeed it is through the internal world of the psyche and the lens of psychological thought that we may gain a better perspective of the fusion of creativity and knowledge that†¦show more content†¦Throughout history and across cultural divides the heroic figure appears, a symbolic expression of mankinds struggle to at once define as well as challenge the boundaries of existence. The stories of mythological heroes such as Herakles and Odysseus survive today not because they entertain us but because they teach us. Speaking of these mythic figures in the essay, Ancient Myths and Modern Man, Joseph L. Henderson writes, Their special role suggests that the essential function of the heroic myth is the development of the individuals ego-consciousness-his awareness of his own strengths and weaknesses-in a manner that will equip him for the arduous tasks with which life will confront him (112). By looking to the hero we are really looking back into the reality of our own state of being, searching for signposts in the landscape of the mythic that will somehow provide texture and traction as we navigate through the obstacles of our daily lives. Through the heroic figure we gain a better understanding of who we are. It is no coincidence then that in our conscious and subconscious journey of self-discovery we have colonized our popular culture with the ethos of heroic myth. In comic books we find reassurance that even those who appear meek and mild mannered may only be a phone booth away fromShow MoreRelatedHeroism in Denis Tedlocks ´ Popl Vuh1107 Words   |  5 Pagesand Seven Death. Xbalanque and Hunaphu then use deceitful actions in order to attain their ideal goal of defeating One and Seven Death. Xbalanque and Hunaphu are the protagonists who use their intellect in the internal battle which enable them to achieve what they are striving for. This format of the hero’s journey portrayed by Christopher Vogler’s The Writer’s Journey, states that a hero is someone who is willing to sacrifice his own needs on behalf of others, and perhaps even his own life (VoglerRead MoreVogler ´s Monomyth: Typical He ro 1118 Words   |  5 Pagesand Seven Death. Xbalanque and Hunaphu then use deceitful actions in order to attain their ideal goal of defeating One and Seven Death. Xbalanque and Hunaphu are the protagonists who use their intellect in the internal battle which enable them to achieve what they are striving for. This format of the hero’s journey portrayed by Christopher Vogler’s The Writer’s Journey, states that a hero is someone who is willing to sacrifice his own needs on behalf of others, and perhaps even his own life (VoglerRead MoreThe Epic of Gilgamesh, translated by N.K. Sandars and Braveheart, directed by Mel Gibson1248 Words   |  5 PagesThroughout history, there have been countless stories, legends, myths, and tales featuring larger-than-life heroes that metaphorically or even physically go to the ends of the earth achieving heroic feats and gathering companions along the way, each playing their own role in the heros story. Many of these epics have t he same plot structure and similar character archetypes that make these stories stand out from the rest, giving them a distinct and unique style. The story The Epic of Gilgamesh translatedRead MoreWatership Down Heroic Epic Essay1271 Words   |  6 Pagessuch as Hazel, fit the archetype of a hero; they are all courageous, resourceful, and strong-willed. Most people don’t notice that almost all action/adventure movies and novels are the same. All of their stories fit the archetypal pattern of a heroic quest. A heroic quest consists of twelve steps that the hero completes throughout his or her journey. In this essay, I will be explaining the parallels between Watership Down by Richard Adams and the archetypal pattern of a heroic quest; as well as theRead MoreSimba, A Young Lion965 Words   |  4 Pagesapproach, Simba has trouble getting out. After saving him, Mufasa is unable to climb out and falls to his death amongst the stampede. This event causes Simba to withdraw from hi s usual personality and become depressed. He blames his father’s death on himself, running away from the rest of the pride, and meets with Timon and Pumbaa, a meerkat and a warthog who teaches him a separate way of living life. Now, Simba lives a carefree and happy lifestyle, forgetting about his responsibilities at home. No longerRead MoreBeowulf Archetype Analysis724 Words   |  3 PagesThe use of archetypes largely contributed to the development of the story. It helped make connections between the events. It helps make sense of why these situations were included in the story. Through difficult situations Beowulf developed a never-ending faith in God, and a realization that material goods aren’t all that matter. The possibly most important archetype used in this book is â€Å"Religion†. God is referred to by many names. He is referred to as the Almighty Father, Heavenly Shepard, LordRead MoreThe Symbolism Of Tunnels In Literature1559 Words   |  7 Pagesthe author is incorporating archetypes. In the novel , author Stephen Chbosky develops several archetypes with a purpose of aiding the reader in understanding and connecting with the novel and its characters. By including several prominent archetypes such as symbolic tunnels and seasons, a hero, a wise old man, and an unhealable wound, Chbosky helps the reader to relate the events of the novel to other stories as well as his or her own life. One significant archetype that is used throughout theRead MoreThe Iliad And The Odyssey1317 Words   |  6 Pagesrammed it hard[...](Book 9, 148) â€Å"There was one bellwether ram, the prize of all the flock, and clutching him by his back, tucked up under his shaggy belly, there I hung, face upward, both hands locked in his marvelous deep fleece, clinging for dear life, my spirit steeled, enduring[...]So we held on, desperate, waiting for Dawn’s first light.† This immense act of mental strength further proves that Odysseus is on a mission to return home with his crew and him in one piece. While in The Iliad, AchillesRead MoreThe Hero on Fire624 Words   |  3 Pagesthe Capitol are selected randomly to compete in a televised battle to the death. Katniss Everdeen volunteers in the place of her sister when she was chosen to compete in the games. Throughout her journey she undergoes challenges but her courage, bravery, and heroism help her to survive. For this, Katniss can be analyzed in a myth and archetypical by being the hero in the novel. She takes on the roles of the male archetype but also embodies female archetypal characteristics. Additionally, the fireRead MoreHeros Journey Analysis989 Words   |  4 PagesCarl Jung is credited with developing the concept of archetypes to explain that there were universal patterns in all stories regardless of culture or the historical period (REFERENCE). He believed that part of the human mind contained a collective unconscious shared by all members of the human species (REFERENCE). Academic, Joseph Campbell refined Jung’s theory of an archetype and applied it to a more specific narrative form. So, what exactly is ‘the Hero’s Journey’? Well, the answer lies in Joseph

Includes All The Statutory Requirements †Myassignmenthelp.Com

Question: Discuss About The Includes All The Statutory Requirements? Answer: Introducation The Australian Consumer Law (ACL) includes all the statutory requirements, remedies or courses of actions that would provide a guideline for the individuals and businesses who are dealing in commerce or trade. The ACL Act is the national law that deals with fair consumer and trading protection. The ACL also entails that a term of a consumer contract is void if the terms of the contract is unfair and the contract is a standard form of contract[1]. The contracts for sale between an individual as buyer and the developer as seller are considered standard form of contracts unless established otherwise. A consumer contract under the ACL refers to any contract for the sale or grant of a interest in land to any individual either predominantly or wholly for household, domestic or personal purpose. In order to determine whether a sale contract or a contract for grant f interest is a consumer contract under the ACL, the court shall consider the intention of the purchaser. In case land purchased in not used for private purposes, such contracts shall not be subject to the Australian Consumer Law[2]. As per Schedule 2 of the Competition and Consumer Act 2010, a contract for sale shall be considered as consumer contract under the Australian Consumer law provided such land be held for any household purpose as was found by the Supreme Court of West Australia in OPR WA Pty Ltd v Marron [2016] WASC 395. In case such land is held for the purpose of business investment, it shall be considered as a consumer contract under the Australian Consumer Law. The judgment of the court in this case establishes the fact that all lands purchased for household or private purposes shall be governed by the ACL. The ACL imposes certain limitations on the sellers and at the same time, endows the buyers with consumer guarantee with respect to the manner of carrying out the business operations. The limitations imposed upon the seller include application of deceptive or misleading conduct, use of unfair terms and bait advertisements. The paper entails about the impact, the Australian Consumer Law has on the sale of land with respect to unfair contract terms and misrepresentation. Unfair Contract terms The Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010 (the ACL) aims at regulating unfair terms in standard form consumer contracts. The statute has substantial impact on developers contracts in relation to individuals[3]. After the commencement of the statute, the provisions for unfair terms stipulated under the statute that any unfair terms used in the standard form of contracts shall be considered as void and unenforceable. The ACL has laid down the terms that shall be considered as unfair terms, which are as follows: Any term that leads to a substantial imbalance in the rights and obligations of the parties; Any term that is not rationally necessary to safeguard the genuine interests of the developer; and, Any term that would be unfavorable for the purchaser, both financially or otherwise, if the purchaser relies on such terms; Although several clauses are incorporated in a developers contract that tends to result in favor of the developer and provides him with flexibility to complete the development project, but in order to establish the infringement of the ACL provisions, it is important to prove that the imbalance on part of the developer was significant. Further, in order to determine whether any particular term is necessary to safeguard the interests of the developer, the developer is required to provide evidence about the market in which they function, the economic factors that are imposed by the financiers, planning schemes and other regulations of the councils that provides the developer with a level of flexibility[4]. The statute requires the developers to ensure that their contracts include provision that provide discretion to the extent it is necessary to deliver finished products to the consumers and it must not provide any additional freedom as it would otherwise amount to unfair contractual terms. The terms that are not considered as unfair include the following: any term that defines the subject matter of the contract; any term that highlights the upfront price payable under the developers contract; any tern that is expressly allowed or are required to be incorporated by the state or Commonwealth law; As discussed, earlier about the restrictions that are imposed on the businesses with respect to the incorporation of the unfair terms in a standard form of consumer contracts, consumers are often made to sign standard contracts relating to the sale of land[5]. The new provisions related to unfair contracts terms purports to create transparent contracts in relation to consumer transactions with a view to deal with the risk that may arise with respect to such contracts. The terms would also serve the purpose of preventing the businesses from incorporating terms that may be unfavorable to the legitimate interest of the consumers. The incorporation of section 23 of the ACL stipulates that a term shall be considered void if such term is unfair and it affects the legitimate interest of the consumers. Further, the provisions of ACL are applicable only to transactions the value of which do not exceed $40000 or for transactions that are made to serve household and private purposes[6]. Thus, if the sale of land is made for household purpose, it shall become subject to the provisions of unfair terms stipulated under the contract. According to the definition of interest of land mentioned under Schedule 1, section 2 of the Australian Competition and Consumer Act 2010 (Cth), it is equal to the legal estate of land. It further includes shares of a company owning the land, right, a power, or privilege, held in relation to a land and occupancy right in the land or a building erected on it. The provisions of ACL are not applicable to business contracts rather the applicability of the provisions with respect to unfair terms is confined to standard form of contracts only. Nevertheless, as per section 27(1) of the Act, it is required to prove that a standard form of contract is not a contract that considers the contrary[7]. The onus of proof is on the seller to establish that the contract was subject to negotiation. Several factors that are laid down under Section 27(2) must be taken into consideration by the courts in order to determine whether the contract is a standard form of contract. This is because all contracts are deemed as standard form of contract unless the seller is able to establish the contrary. The provisions related to unfair terms as stipulated under section 24 of the ACL can be applied to a contract after the contract is assessed to be a standard form of contract by the court. The terms of the contract shall be considered as unfair if I causes an imbalance between the rights and responsibilities of the parties, and fails to safeguard the legitimate interests of the party who is otherwise, entitled to the benefits assured by the contract[8]. Further, it shall be considered as detrimental for the part in case the party acts, relying on the terms included in the contract. While entering into a sale of land contract, the Accounting must not incorporate any terms into the contract that violates the rights of a party excluding the restricted terms. They must not include terms that entitle only one party to terminate the contract, or terms that sets out penalties only for one party and other clauses that permits unilateral variation of interest in land and terms that restricts the right of one party towards legal actions[9]. In Director of Consumer Affairs Victoria v Craig Langley Pty Ltd Matrix Pilates and Yoga Pty Ltd (Civil Claims) it was found that a contract that has been subject to negotiation by the parties cannot include any term that can be deemed as unfair term. In ACCC v Bytecard Pty Ltd 2013, the court decided in favor of the Australian Completion and Consumer Commission against the defendant company in relation to the sale of an interest in land. This is the first case that applied the relevant provisions relating to the newly incorporated unfair contract terms under the ACL. In the case of Director of Consumer Affairs Victoria v AAPT Ltd (Civil Claims) [2006] VCAT 1493 the court held that if an additional term is added along with unfair term, to a contract in favor of the consumer, it would counter balance the unfair term in case the consumer is unaware of the terms. It is imperative for the developers to take reasonable steps to ensure that they have sufficient knowledge about the rules that have been imposed on them by the recently introduced provisions relating to unfair contract terms under the ACL so that the terms incorporated in the contract are not deemed as unfair terms. In case the court believes the term of a contract to be unfair, the aggrieved parties whose rights are breached must be entitled to terminate the contract. However, if there is a scope that these contract can still be valid and enforceable even after the removal of the unfair terms from the contract, the court shall orders to remove such unfair term and declare the contract to have a binding effect upon the parties[10]. Misrepresentation The term may be defined as a false statement that is made by one party in order to persuade the other party to enter into the contract, where such statement does not form any term of the contract. As per the Commonwealth and the state legislations, it is an offense to induce a person to enter into a contract by using false statements or by making misleading representations. The Australian Consumer Law (ACL) characterizes any false statements or misleading representations as an offence under section 2, Schedule 2 of the Act. Several instances of misrepresentations include testimonials for good or service, goods being new, any specific history or standard, value, quality, availability of repairing facilities, etc. According to section 18 of the ACL, a person within the scope of trade and commerce is prevented from engaging into any conduct that may cause misrepresentation either by way of misleading or deceptive conduct. According to section 30 of the ACL, a business or person is prohibited from making any misleading or false representation relating to sale or promotion of a property in land[11]. It also entails the sponsorship, approval, affiliation of individual by whom the statement is made, the kinds of benefits associated with the land, the venue, the price, the permission to have access to the facilities associated with the land. The section is applicable when there is misrepresentation and deceiving whole dealing with contracts for sale of land. In Given v Pryor (1979)[12], the court explained what might amount to misrepresentation and misleading conduct. In this case, the court asserted that representation is not restricted to verbal statement but extends to any form of oral or written statement, words, plans, drawings, maps and photographs and gestures and other conducts. Mere silence with respect to a fact shall be deemed as misrepresentation especially under circumstances where silence can have a negative impact on the purchaser. In Williams v Pisano[2015][13], the issue in question before the New South Wales court of appeal was to decide whether a seller of a private home who confesses having committed misrepresentation with respect to the quality of the house is liable under the statutory provisions of misleading and deceptive conduct stipulated the Australian Consumer Law. While determining the issue, the court had taken the proportionate liability regime as provided by Part VIA of the statute into consideration. In this case, the seller of the property was the owner of the building which implies that the owner shall be accountable for any defects arising out of the work carried out by her in the building. The seller and his wife owned the plot for several years and they decided to refurbish the same. The wife had obtained a builder permit and engaged consultants and a builder to develop a plan based on cost plus payment mode. The wife supervised the renovation work carried out by the builder but there was no detailed architectural supervision carried out. The vendors had made an advertisement for the sale of the property. A real estate agent had been engaged in order to assist for the sale. The wife introduced herself as the project designer. The sellers and the agent to the purchaser contended that the renovation work of the property had been carried out in the best possible way considering any expenses. After the property was sold, it was discovered by the purchaser that various short cuts were adopted while carrying out the renovation process, which led to significant defects[14]. One of the significant defects included a major problem related to water penetration. The trial judge held that the cost to remedy the damages was worth $1.2 million. The trial judge held that the wife was liable for the violation of warranties stipulated by her being the owner of the building. The purchaser made a further claim against the husband under the provisions of ACL that he was not accountable for the warranties. It was held by the trial judge that the representation made by William with respect to the claim, that the representation was made with respect to trade and commerce hence, the husband was imposed with a penalty of $1.7 million. The court held that there was a joint liability on part of each of the vendors. The husband appealed against the decision of the trial court. The following grounds of appeal were submitted before the court including that the representation of the vendor had not been made in trade or commerce and thus the ACL was not applicable to the defendant. The court further supported its decision on Taco Co of Australia Inv v Taco Bell Pty Ltd (1982)[15]. The court held that when it comes to the sale of land, the vendors of land shall be subject to the same rules of misrepresentation as discussed above in relation to the contract for the sale of land. In the case of Australian Equity Investors, An Arizona Ltd Partnership v Colliers International (NSW) Pty Ltd (No 4) [2011][16] it had been provided by the court that there has been violation of provisions Section 30 of the ACL. The violation was caused in relation to valuation on the ground that it made misleading and false statement related to the payable price for the land. Thus, from the above discussion, it can be stated that the Australian consumer law has become more stringent in its application when it comes to the sale of land for serving household and domestic purpose. It requires application of the statutory provisions with a view to safeguard the rights of the consumers. The businesses must have knowledge about the impact and outcomes of unfair terms and misrepresentation with respect to consumer contracts in relation to sale of land must take reasonable steps to avert the legal liabilities. Reference ACCC v Bytecard Pty Ltd 2013 Australian Equity Investors, An Arizona Ltd Partnership v Colliers International (NSW) Pty Ltd (No 4) [2011] FCA 442 Butler, Desmond, et al. "Contract Law Case Book." (2013). Casson, Jonathan. "Small business and unfair contract terms: Changes on the horizon."LSJ: Law Society of NSW Journal3.2 (2016): 76. Competition, Australian, and Consumer Commission. "Compliance and enforcement policy." (2017). Director of Consumer Affairs Victoria v AAPT Ltd (Civil Claims) [2006] VCAT 1493 Director of Consumer Affairs Victoria v Craig Langley Pty Ltd Matrix Pilates and Yoga Pty Ltd (Civil Claims) Evans, Phil. "The building and construction industry code of conduct (WA)."Brief44.6 (2017): 22. Given v Pryor (1979) 39 FLR 437 Greenwood, Verity, and Larry Dwyer. "Consumer protection as essential to destination competitiveness."CAUTHE 2015: Rising Tides and Sea Changes: Adaptation and Innovation in Tourism and Hospitality(2015): 486. Latimer, Paul. "Protecting Consumers from Unfair Contract Terms: Australian Comparisons." (2016). Nahan, N., and Eileen Webb. "Unfair contract terms in consumer contracts."Consumer Law and Policy in Australia and New Zealand. 2013. Pearson, Gail. "Current Issues for Consumer Protection Law in Australia."Consumer Law and Socioeconomic Development. Springer, Cham, 2017. 199-208. Pearson, Gail. "Further challenges for Australian consumer law."Consumer Law and Socioeconomic Development. Springer, Cham, 2017. 287-305. Simons, Josh. "The end of'unfairness' in commercial contracts: Proposed extension of'unfair contract terms' laws to business to business transactions."Governance Directions66.7 (2014): 431. Smith, Nicholas. "Intellectual property: Misleading and deceptive conduct: When copying is not enough."LSJ: Law Society of NSW Journal11 (2015): 76. Supreme Court of West Australia in OPR WA Pty Ltd v Marron [2016] WASC 395. Taco Co of Australia Inv v Taco Bell Pty Ltd (1982) 2 TPR 48 Tran-Tsai, Kye. "Property law: Off-the-plan contracts: The sun has set on vendors' rescission rights."LSJ: Law Society of NSW Journal3.1 (2016): 80. Williams v Pisano[2015]NSWCA 17 [1] Latimer, Paul. "Protecting Consumers from Unfair Contract Terms: Australian Comparisons." (2016). [2] Simons, Josh. "The end of'unfairness' in commercial contracts: Proposed extension of'unfair contract terms' laws to business to business transactions."Governance Directions66.7 (2014): 431. [3] Pearson, Gail. "Current Issues for Consumer Protection Law in Australia."Consumer Law and Socioeconomic Development. Springer, Cham, 2017. 199-208. [4] Casson, Jonathan. "Small business and unfair contract terms: Changes on the horizon."LSJ: Law Society of NSW Journal3.2 (2016): 76. [5] Nahan, N., and Eileen Webb. "Unfair contract terms in consumer contracts."Consumer Law and Policy in Australia and New Zealand. 2013. [6] Competition, Australian, and Consumer Commission. "Compliance and enforcement policy." (2017). [7] Pearson, Gail. "Further challenges for Australian consumer law."Consumer Law and Socioeconomic Development. Springer, Cham, 2017. 287-305. [8] Butler, Desmond, et al. "Contract Law Case Book." (2013). [9] Evans, Phil. "The building and construction industry code of conduct (WA)."Brief44.6 (2017): 22. [10] Smith, Nicholas. "Intellectual property: Misleading and deceptive conduct: When copying is not enough."LSJ: Law Society of NSW Journal11 (2015): 76. [11] Tran-Tsai, Kye. "Property law: Off-the-plan contracts: The sun has set on vendors' rescission rights."LSJ: Law Society of NSW Journal3.1 (2016): 80. [12] [1979] 39 FLR 437. [13] NSWCA 177. [14] Greenwood, Verity, and Larry Dwyer. "Consumer protection as essential to destination competitiveness."CAUTHE 2015: Rising Tides and Sea Changes: Adaptation and Innovation in Tourism and Hospitality(2015): 486. [15] [1982] 2 TPR 48. [16] [2011] FCA 442.