Changing an Outdated Policy Assignment Example | Topics and Well Written Essays - 1750 words

Changing an Outdated Policy - Assignment Example This policy stipulates that the tutor must be present during the actual class lesions .The tutor is required to teach, make presentations in class and to evaluate the students. The evaluation is always in either in the form of short questions answered within the class. This policy enables the tutor to get direct feedback from the students on whether the topic or the lecture has been understood. The students are also able to seek clarifications of unclear points. The policy makes the classroom teaching more interactive. The student gets the chance to reason out points among themselves in class. The interactions make learning more fun and interesting. Though this policy has its own advantages, it also has some disadvantages. It has low differentiation level. That is, it does not allow students to move at their own paces. It has lower student attendance and engagement. Once a student misses a lesson, catching up will be difficult hence reduced engagement in the class activities. The stu dent and the tutor will not be about the same topics. The current method that needs to be introduced by educators to make learning more productive is the flipped classroom. ... The flipped classroom has a lot of advantages over the traditional teaching method. It allows for greater differentiation since the students are able to move at their own paces. Improved student attendance and engagement since when the teacher will be present in class, he or she will be dealing with the assignments where everyone is required to participate. It facilitates more proactive interactions between the teachers and the students. This is because both the parties will be engaged in problem solving. The flipped classroom is student centered, more economical on the part of the administrators since it allows them to hire fewer teachers since the teachers do not spend a lot of time in class. Changing the Policy The first , ISLLC standard for school leaders states that a school administrator is an educational leader who promotes the success of all students by facilitating the development , articulation , implementation and stewardship of a vision of learning that is shared and supp orted by the school community. This means that a school administrator should always strive to bring changes that will improve the performance of the students. This includes updating of the out of date policies. The policy that the teacher or the tutor must be present during lesions is out of date and should be replaced by flipping classroom where the teacher’s presentations are recorded on video and the tutor only discusses the assignments the student in class. The selected policy to update or change will benefit the school in many ways. Firstly, it’s economical since the school will not be required to hire more teachers since the teachers will not be required to spend a lot of time in class. Secondly, the policy change will help to improve the grades in the

Multicultural Issues in Counseling Essay Example for Free

Multicultural Issues in Counseling Essay In the field of counseling and psychology, it is always necessary that the counselor understands the predicament that the patient is facing. This is because, this patient is coming for assistance because he or she is not in a position to do his activities right. Therefore in this case it is necessary that the supervisee and in this case Ann has all the attributes that are needed as this is the only way that she will be able to help Donald. As Barratt, E. et al, (1997) in their research found out, it calls for a good rapport between the counselor and the patient for the patient to receive meaningful treatment or help. This is not the case here as Donald is always complaining that Ann is not giving him enough attention. In real sense, it is the broken rapport that exists between them that is the problem. In the content of my informal assessment of Ann’s multicultural counseling skills, I would clearly indicate that Ann lacks the basic and crucial skills that are necessary for a counselor to execute his or her duties. I understand that the main reason for this is the background where Ann has grown. She has grown up in an area where there are no mixed races. This developed in her limited socialization skills when dealing with people. This is her new interaction with a person from a different race and due to this; it becomes very difficult for her to deal with the patient. As Gladwell, (2007) argues, it calls for a counselor to have good communication and socialization skills so that he or she can be able to assist a patient. In addition, the counselor should understand that the patient is not in the right frame of mind. The counselor should not give the comments that the patient gives the same weight as the way he or she would if the person was in the right frame of mind. These are some of the basic attributes, which Ann lacks, and I would include this in my informal assessment report. According to Dinn, W. et al, (2000), gauging the level of awareness has its basis on how well one executes the duties assigned to him or her. In this case, Donald is complaining that he is lacks appropriate attention and therefore he is contemplating on stopping treatment. On the other hand, Ann is claiming that she has done all that she could so to help the patient. This is a clear sign that Ann is giving up. The patient is already hopeless and the doctor or the counselor can only revive his hope. If the counselor loses hope, it means that there is no chance of recovering. It is also a clear indication of lack of commitment and objective by the counselor. The level of Ann’s self- awareness is therefore very low. The reason is that she is not fully aware that she is the counselor and that the patient really needs her assistance. She seems to forget her role in the whole process, which is to help the patient recover. In addition, Ann is complaining that Donald is over-dependent on her. She fully understands that Donald is suffering from Schizophrenia and dependency is expected. This is a clear indication that Ann happen to have very limited knowledge of the appropriate treatment interventions. For instance, it would be absurd for a surgeon to complain that he or she is encountering a lot of blood when he or she fully knows that this will be inevitable. If we receive such a complaint, it is a clear indication that the person has no or limited knowledge of what he is doing and what he is supposed to do. This is the case happening with Ann. At the same time, Ann is complaining of not having a good communication with the patient because he has difficulty expressing himself in English. As she was born and raised in only one region, there are chances that she did not have good socialization and communication skills and probably the problem is not the English but the access which she is having difficulty understanding. In conclusion, in my informal assessment, I would clearly indicate that the problem here is not the patient but Ann. She seems to lack the basic attributes of a counselor. A good counselor should be dynamic in all the activities that he or she is doing. He should not use a universal platform to treat his or her patients. He should take each patient individually, understand him or her and adopt a proper method in treatment. This is something that Ann needs to improve on. She also needs exposure as she has very little experience in dealing with people. For instance, she has very limited if any knowledge and experience with the African-American culture and all this is attributed to the way she was raised. ? References Barratt, E. et al. (1997). Neuropsychological Cognitive Psychophysiological Substrates of Impulsive Aggression. Biological Psychiatry , 1045-60. Dinn, W. et al. (2000). Neurocognitive Function in Antisocial Personality Disorder. Psychiatry Research , 173-92. Gladwell, M. (2007). Blink: Power of Thinking Without Thinking . Irwin: Back Bay Books .

History of Turkish Occupation of Northern Kurdistan Essay -- Turkey Ku

History of Turkish Occupation of Northern Kurdistan Since 1984, and especially the last few months, the domestic problems of a major N.A.T.O, Middle Eastern, and American ally state have come to the forefront of the international news scene. That state is the Republic of Turkey and it's primary troubles stem from the past seven decades of acrimonious policies directed at the indigenous ethnic Kurds. The main problem, now, is the Kurdish popular insurgency on it's hands, in Turkish occupied Northern Kurdistan. The Kurdish question has long been covered up and denied by the state of Turkey, but recent events has forced Turkey to concede that it has a serious Kurdish insurgency on its hands. Turkey's inability to deal with this situation is the result of the past seventy years of cultural, political, and human rights abuses directed against the Kurdish population. In fact, this "separatism" is so out of hand that the Turkish government has incessantly appealed to it's allies and advisories alike to help counter the escalating Kurdish asperation to succeed from the Turkish republic. Turkey's sputtering and deteriorating economy is directly related to the long Kurdish struggle for independence. Turkey has spent over eight billion dollars or twenty percent of her GDP to combat the ever deteriorating predicament in northern Kurdistan, and should spend more in the future(Laber). Because of the violence, the once prosperous tourist business of Turkey, has now lost about $1.5 billion dollars annually since 1990. Many people now talk openly of another possible military coup, there were three major military coups during the last thirty years (Alister) These circumstances in the state of Turkey have also hurt her chances of ever joining the ever wealthy European Union and battering its ailing economic situation. The depth of Turkey's domestic and ethnic dilemma is one of the many that have arisen after the end of the cold war, yet the cold war is a simple answer to a much more complex one. The factors that have arisen to contribute to this civil war were created far before Capitalism versus Communism, East versus West, or U.S versus the Soviet Union. In order to really comprehend the holistic situation in Turkey one must first be familiar with the complete history of the Turks and Kurds. The Kurds of Turkey constitutes, by far, t... ...even years (Marcus), the army has massacred more then 1,500,000 in the span of sixty years , more the 1,500 villages destroyed, every form of Kurdish identity denied, and their politicians and journalists killed by secret police. After all it is the US constitution that has written: " When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.....whenever any form of government becomes destructive of these ends, it is the right of the people to alter it, or to abolish it, and to institute a new government.." It is the very example the United States has set, that the Kurdish people wants to declare their independence. For, the only thing different between the Kurdish revolution and the U.S one, is only two hundred and nine years. All oppressions are bad, all occupations are wrong, every nation has the right to decide their own fate. History of Turkish Occupation of Northern Kurdistan Essay -- Turkey Ku History of Turkish Occupation of Northern Kurdistan Since 1984, and especially the last few months, the domestic problems of a major N.A.T.O, Middle Eastern, and American ally state have come to the forefront of the international news scene. That state is the Republic of Turkey and it's primary troubles stem from the past seven decades of acrimonious policies directed at the indigenous ethnic Kurds. The main problem, now, is the Kurdish popular insurgency on it's hands, in Turkish occupied Northern Kurdistan. The Kurdish question has long been covered up and denied by the state of Turkey, but recent events has forced Turkey to concede that it has a serious Kurdish insurgency on its hands. Turkey's inability to deal with this situation is the result of the past seventy years of cultural, political, and human rights abuses directed against the Kurdish population. In fact, this "separatism" is so out of hand that the Turkish government has incessantly appealed to it's allies and advisories alike to help counter the escalating Kurdish asperation to succeed from the Turkish republic. Turkey's sputtering and deteriorating economy is directly related to the long Kurdish struggle for independence. Turkey has spent over eight billion dollars or twenty percent of her GDP to combat the ever deteriorating predicament in northern Kurdistan, and should spend more in the future(Laber). Because of the violence, the once prosperous tourist business of Turkey, has now lost about $1.5 billion dollars annually since 1990. Many people now talk openly of another possible military coup, there were three major military coups during the last thirty years (Alister) These circumstances in the state of Turkey have also hurt her chances of ever joining the ever wealthy European Union and battering its ailing economic situation. The depth of Turkey's domestic and ethnic dilemma is one of the many that have arisen after the end of the cold war, yet the cold war is a simple answer to a much more complex one. The factors that have arisen to contribute to this civil war were created far before Capitalism versus Communism, East versus West, or U.S versus the Soviet Union. In order to really comprehend the holistic situation in Turkey one must first be familiar with the complete history of the Turks and Kurds. The Kurds of Turkey constitutes, by far, t... ...even years (Marcus), the army has massacred more then 1,500,000 in the span of sixty years , more the 1,500 villages destroyed, every form of Kurdish identity denied, and their politicians and journalists killed by secret police. After all it is the US constitution that has written: " When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.....whenever any form of government becomes destructive of these ends, it is the right of the people to alter it, or to abolish it, and to institute a new government.." It is the very example the United States has set, that the Kurdish people wants to declare their independence. For, the only thing different between the Kurdish revolution and the U.S one, is only two hundred and nine years. All oppressions are bad, all occupations are wrong, every nation has the right to decide their own fate.

Capacity Contract Law

Question 1(i) Phing, 17 years old daughter of a wealthy businessman is currently studying at a University College at Kelana Jaya. She bought a luxury car Audi R8 worth RM 900,000. The car has now been delivered but she is unable to payfor it. Firstly, Phing is a 17 years old teenager which also known as minor. Minor is a person who legally underage; who has not yet attained the age of majority, and which are denied the ability to fully and freely contract. In Capacity of Section 11 define a person who is of the age of majority, sound mind and is not disqualified from contracting under any law.Age of majority is recognized as above 18 years of age as stated in the  Age of Majority Act 1971. Below are similar with the case, which case 1: Ryder v. Wombwell (1868), the defendant, an infant, having an income of only 500 Pounds per year was supplied a pair of crystal, ruby and diamond solitaries and an antique silver goblet. It was held that these things could not be considered to be nec essaries. It was observed that certain things like ear rings for a male, spectacles for a blind person, or a wild animal, cannot be considered as necessaries.For another case which case 2: Mohori Bibee v. Dharmodas Ghose (1903) the plaintiff, Dharmodas Ghose, while he was a minor, mortgaged his property in favour of the defendant, Brahmo Dutt, who was a moneylender to secure a loan of Rs. 20,000. The actual amount of loan given was less than Rs. 20,000. At the time of the transaction the attorney, who acted on behalf of the money lender, had the knowledge that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him.Held mortgage was void and inoperative and the same should be cancelled. In the Phing case, she is unable to pay for luxury car Audi R8 which is already delivered to her. Under the Sale of Goods Act (1979) Phing is against the section 32 of the Act goes on to say that unless otherwis e agreed, delivery of the goods and payment of the price are concurrent conditions. This means that the seller shall be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer shall be ready and willing to pay the price in exchange for possession of the goods.However, before look on the section 32 of the Act we also have to refer the Section 3(2) of the Act. Under this section, necessaries are defined as the goods are suitable to the condition in life of the minor or other person concerned and to his actual requirements at the time of sale and delivery. â€Å"Necessaries† are things which are essential to the existence and reasonable comfort of the infant. Luxurious articles are excluded. Thus, what may be termed as necessaries depends on the nature of goods supplied as well as the infant’s actual needs.In the next case which case 3: Fawcett v Smthurst (1914) the court ruled that a minor is not bound by a contract for the hire of a car, although it was a necessary service, as the contract included the terms which make him liable for damage to the car ‘in any event’, whether or not the damage in his fault. Where there is a binding contract for necessaries, the minor is only bound to pay a reasonable price for them. Next case is relevant with luxury cases, case 4: Chapple v. Cooper (1844) a minor whose husband had recently died contracted with undertakers for his funeral.She later refused to pay the cost of the funeral, claiming her incapacity to contract. The court held her liable to pay the bill. The funeral was for her private benefit and was a necessary as she had an obvious obligation to bury her dead husband. In the next, case 5: Nash v Inman (1908) a Cambridge undergraduate, the son of an architect, was supplied with clothes, including 11 ‘fancy waistcoats’, to the value of $122. The cloth could be appropriate to the station in life of the undergraduate, but the contra ct was not enforceable because the minor was already adequately supplied with clothes.Therefore clothes supplied by the tailor could not be classified as necessaries. As conclusion, in the Phing case, she is only a minor and not has any income when she was studying, therefore, the luxury car may not be the necessaries for her. In conclusion, Phing buy luxury car Audi R8 contract is void, she is not obliged to accept and pay any damages. Question 1(ii) In this case, Phing is a 17 year old student bought a Myvi as a transport to travel back and forth from the college. In the element of contract, Phing is already against with the capacity section 11.In section 11 of capacity say that â€Å"Every person is competent to contract who is of age of majority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject. † It means that the following three categories of persons are not competent to contract . The position of a minor is a person who has not attained the age of majority is a minor. Section 4 of the age of majority, the minority of all males and females shall cease and determine within Malaysia at the age of 18 years and every such male and female attaining that age shall be of the age of majority.However, some contracts of capacity made by infants are not void there are contract for necessaries, contract for scholarships and contract for insurance. In the case of Phing bought a Myvi may be necessaries for her to travel back and forth from the college. According the section 69 of Contract Act (1950) say that the necessaries supplied to a minor â€Å"should be suited to his condition life† it does not mean the food, clothing, shelter and education, but such things which may be necessary to maintain a person according to his condition in life.Below is the cases that related with contract for necessaries, which case 1: Kunwarlal v. Surajmal (1963) It has held that the house given to a minor on rent for living and continuing his studies is deemed to be supply of necessaries suited to the minor’s conditions of life, and the rent for the house can be recovered. For another good summary case is case 2: Chapple v Cooper (1844) where the court ruled that the funeral service of her husband was a necessary service for the young widow in this case, so she was obliged to pay. In the case of case 3: Clowes v.Brook (1739) where, though the plaintiff Farrier's claim for work done on an infant's horse failed on technical pleading grounds, it would appear clearly to have been accepted by the Court that a horse could be a necessary in certain cases. In the case 4: Mohori Bibee v. Dharmodas Ghose (1903) case, the Privy Council did not consider it necessary to decide whether Section 115, Indian Evidence Act was applicable to the present case, because the money lender was not misled by the false statement made by the minor as has was aware of the real age o f the borrower .Under the Section 3(2) of the Sale of Good Act (1979), provides that if goods are sold and delivered to minors  or those mentally incapacitated  the minor will be liable to pay a reasonable price if the goods are necessaries. The case more suitable for showing this section is case 5: Roberts v. Gray (1913), in this case a minor was held liable for his failure to perform a contract for a tour with the plaintiff, a noted billiards player. It was a contract for the instruction of the minor. The contract was wholly executory and but it was held that the contract was binding on him from its formation. In conclusion, in Phing case to purchasedMyvi, Myvi car is her necessaries good for her to travel back and forth from the college and she is able to afford it, so the contract for her to purchased Myvi car is valid. Question 1(iii) Phing is 17 year old, she is a student which studying at a University College at Kelana Jaya. She now has to take a state loan of RM 20,000 f or her studies in the college. 17 year old is not attained the age of majority, for another word Phing is also call as minor. In capacity section 11 define that a person who legally underage; who has not yet attained the age of majority, and which are denied the ability to fully and freely contract.The similar case that related which case 1: Burnard v. Haggis (1863), there a minor hired a mare. It was expressly agreed that the mare will be used only for riding and not â€Å"for jumping and larking. † The mare was made to jump over a fence; she was impaled on it and killed. It was held that the minor was liable for negligently killing the mare as his act was totally independent of the contract made by him. For another similar case, which case 2: Ballett v. Mingay (1943), there a minor hired a microphone and an ampliphier. Instead of returning the same to the owner the minor passed it on to his friend.It was held that the minor’s act of passing it on was altogether outsi de the purview of bailment and, therefore, the minor could be made liable for detinue. In the Phing case, she unable to have the contract to get the scholarship, but Under the Section 69 of Contract Act 1950, it is said that â€Å"if a person, incapable of entering into a contract, or anyone whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person. Under necessaries a minor can enter into valid contract if only it is the basic need of the minor and suitable of his or her station in life or lifestyle. The similar cases that related with, which case 3: Mohori Bibee v. Dharmodas Ghose (1903) case, the minor misrepresented his age while taking loan, but the fact that the person taking the loan is a minor was known to the money lender.The Privy Council did not consider it necessary to decide whether Section 115, In dian Evidence Act was applicable to the present case, because the money lender was not misled by the false statement made by the minor as has was aware of the real age of the borrower. Contract of Scholarship between a minor and the government or non government organization is also under Section 4 (a) Contracts (Amendment) Act 1976 â€Å"the scholar entering into such agreement is not of the age of majority†. Next similar case, which case 4: Government of Malaysia v.Gurcharansingh & ors (1971) say that when the award, bursary, loan or scholarships granted by the federal or state government, a statutory authority, or an educational institution such as a university. Thisis a good example case to show the contract of scholarship, in this case Gurchran is a student who had received a government scholarship to undergo teacher training and was bonded to serve the government. However, Gurcharan left the service before completing his 5 years bond. When the Government sued Gurcharan f or breach of contract, he contended that he had no capacity to contract.The court, never the less, held that education was a necessary. For another good case is case 5: Harnedy v National Greyhound Racing Co. Ltd, where the contract does not appear to have had any connection, whether by way of analogy or otherwise, with contracts for the education or employment of children or contacts for personal services. The distinction between trading contracts and contracts for apprenticeship and education and analogous contracts may often be difficult to draw. Treitel has commented that, an infant haulage contractor is a trader, but probably an infant driver would not be.An infant house painter probably be regarded as a trader, but not an infant portrait painter. In conclusion, Phing have to take loan of scholarship to continue her study, so the scholarship will be the necessaries for Phing, so the contract for her to get scholarship is valid. Question 1(b) Johnny is an old man. He has childre n, Joe and Victoria. Johnny has informed everyone that when he dies, the property is to be shared equally among Joe and Victoria. He stays with Victoria and is totally dependent on her to look after him. Johnny loves Victoria and does whatever she tells him to do.Two months ago, Johnny transferred all his property to Victoria. In this case, Victoria take care of her father is her responsibility, but Johnny should not transfer all property to Victoria although he loves Victoria so much. Johnny should be fair for Joe too. On the other situation, Victoria maybe said something or persuades her father, Johnny to transfer all property to her. If this situation become true, Victoria is against vitiating factors, Section 10 – Contracts must be entered into with free consent of the parties and Section 10(1) – all agreements are contracts if they are made by the free consent of parties competent to contract.Section 14 Consent is free when it is not caused by Section 16(1) undue influence – Undue influence occur where there is a relationship between the parties and one party is in the position to dominate the will of the other. The dominant part uses that position to obtain an unfair advantage over the other. The word â€Å"undue influence† has the tendency to make people feel that it would include situations where one party is about to persuade the other through some kind of influence in a general sense ands. Undue influence can divide into actual undue influence and presumed undue influence.Actual undue influence as the name suggests, requires proof that the contract was entered into as a result of actual influence exerted. The claimant must plead and prove the acts which they assert amounted to undue influence. This may include such acts as threats to end  a relationship, continuing to badger the party where they have refused consent until they eventually give in. For presumed undue influence is no automatic presumption arising as a matte r of law. Here it must be established that there is a relationship of such a kind that one party in fact placed their trust and confidence in the other to safeguard their interest.Any relationship is capable of amounting to this examples include husband and wife, cohabitees, employer and employee. In Section 16(2) – person is in a position to dominate the will of another where he holds a real/apparent authority over the other, or where he stands in a fiduciary relation to the other, he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness or mental bodily distress. Next, in Section 16(3) – where a person who is in a position to dominate the will of another, enters into a contract ith him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that the contract was not induced by undue influence shall lie upon the person in a position to domina te the will of the other as the case 1: Re Craig (1971) C, an old man of 84 years whose wife had died, employed Mrs M as secretary/companion. From the beginning she occupied a position of trust, and in addition to running the house she took a confidential part in running C's affairs.From the time of Mrs M's employment and C's death (January 1959 – August 1964) he gave her gifts worth ? 28,000 from his total assets of ? 40,000. It was held by the Chancery Division that All the gifts complained of where such as to satisfy the requirements to raise the presumption of undue influence, namely, that they could not be accounted for on the ground of the ordinary motives on which ordinary men act, and secondly, that the relationship between C and Mrs M involved such confidence by C in Mrs M as to place her in a position to exercise undue influence over him.Mrs M failed to discharge the onus on her of establishing that the gifts were only made after ‘full, free and informed discu ssion' so as to rebut the presumption of undue influence. The gifts would, therefore, be set aside. Other similar cases, which case 2: Williams v Bailey (1866) – A son forged his father's signature on promissory notes and gave them to their bankers. At a meeting of all the parties at the bank, one of the bankers said to the father: â€Å"If the bills are yours we are all right; if they are not, we have only one course to pursue; we cannot be parties to compounding a felony. The bank's solicitor said it was a serious matter and the father's own solicitor added, â€Å"a case of transportation for life. † After further discussion as to the son's financial liability the bank's solicitor said that they could only look to the father. The father then agreed to make an equitable mortgage to the bank in consideration of the return of the promissory notes. The father succeeded in an action for cancellation of the agreement.It was held by Lord Westbury that the security given fo r the debt of the son by the father under such circumstances was not the security of a man who acted with that freedom and power of deliberation that must be considered as necessary to validate a contract to give security for the debt of another. Besides that, in the Singapore High Court case, which case 3: che Som bte. Yip & Ors. V. Maha Pte. Ltd. & Ors. ( Maha Pte. Ltd. & Anor. , Third Parties) a mortgage deed was set aside in so far as it affected the plaintiff over whom undue influence was exercised.In this case the relationship was that of brothers. This relationship does not per se (That is, on the face of it) give rise to a presumption of undue influence. However, the court found as a fact that undue influence was indeed exercised. In the next similar case, which case: 4 Inche Noriah v. Shaik Allie Bin Omar (1929) case, an old and illiterate Malay woman executed a deed of gift of a landed property in Singapore in favour of her nephew who had been managing her affairs. Before executing the deed the donor had independent advice from a lawyer who acted in good faith.However, he was unaware that the gift constituted practically he whole of her property and did not impress upon her that she could prudently, and equally effectively, have benefited the done by bestowing the property upon him by a will. Held the gift should be set aside as the presumption of undue influence, which is raised by the relationship proved to have been in existence between the parties, was not rebutted. A plea of undue influence can only be raised by a party to the contract and not by a third party, this have been show in the case, which case: 5 Malaysian Freach Bank Bhd. V. Abdullah bin Mohd Yusof & Ors.It was held that in order to establish undue influence, the defendants have to prove that the plaintiff was in a position to dominate their will and thus obtained an unfair advantage by using that position. In this case, there is undue influence involving family members or friends. O ften cases arise that involve family and friends who become parties to a contract. In general, family relationships, such as between husband and wife or parent and child, are confidential relationships. These relationships, like fiduciary relationships, have at their crux a history of â€Å"informal† trust and confidential dealings.In cases that arise where a family member gains a profit or distinct advantage through dealing with a weaker party, the courts have looked to see if the weaker party is very old, mentally incapacitated, suffering from debilitating sickness, or otherwise physically or psychologically impaired. Such physical or psychological impairment combined with a lack of independent advice and a contract giving an obvious advantage to a family member would force the stronger party to prove the contract's fairness. The cases of undue influence, which case:6 Allcard v.Skinner – Miss Allcard was introduced by the Revd Mr Nihill to Miss Skinner, a lady superi or of a religious order named â€Å"Protestant Sisters of the Poor†. She had to observe vows of poverty and obedience. Three days after becoming a member, Miss Allcard made a will bequeathing all property to Miss Skinner, and passed on railway stock that she came into possession of in 1872 and 1874. She then claimed the money back after she left the sisterhood. Held: Lindley LJ, held that she was unduly influenced but barred by laches from getting restitution.And in any case she would only have been able to recover as much of the gift as remained in the defendant’s hands after some of it had been spent in accordance with her wishes. Another next case, which case 7: In Royal Bank of Scotland v Etridge 2001, the House of Lord indicates that, in normal circumstances, a wife’s agreement to charge the matrimonial home as security for her husband’s business debts is not a transaction that calls for explanation. Undue influence connotes impropriety, and should o nly be found where the husband’s influence has been ‘misused ‘.Then, the other case, which case 8: Lloyds Bank Ltd v Bundy  (1974) – Herbert James Bundy was a farmer. His son, Michael, formed a MJB Plant Hire Ltd and it was in financial trouble. Mr Bundy had already guaranteed the business with a ? 7,500 charge over his only asset to Lloyds. This was his farmhouse at Yew Tree Farm,  Broadchalke, and Wiltshire. Michael's company got into more trouble still, and needed more money. Bundy's solicitor said not to put on any more money, but they went up to ? 11,000.The assistant manager of Lloyds, Mr Head explained the company's position to Bundy (i. e. a conflict of interest) but neglected to say the company was in serious trouble. Bundy signed the guarantee and charge form. Lloyds foreclosed on the house when the money was not paid, and Bundy had a heart attack in the witness box. The question was whether the contract leading to the repossession of the hous e was voidable for some iniquitous pressure. The held is that the contract was voidable due to the unequal bargaining position in which Mr Bundy had found himself.He held that undue influence was a category of a wider class where the balance of power between the parties was such as to merit the interference of the court. It was apparent that Mr Bundy had, without independent advice entered the contract and it was very unfair and pressures were brought to bear by the bank. Another similar case, which case 9: National Westminster Bank v. Morgan (1985) Mrs Morgan jointly owned the family home with her husband. As a result of his business problems, their mortgage payments fell into arrears, and the bank started to seek possession.Mr Morgan approached the bank to arrange a refinancing loan (this work as follows: if Mr Morgan’s original mortgage was for ? 50,000, and he owed arrears of ? 5,000, he could replace the mortgage with a refinancing loan of ? 55,000, and start afresh). Mr s Morgan’s signature was required to use the house as security for the extended loans. The bank manager went to see her, in the presence of Mr Morgan; she made it clear that she had little confidence in her husband’s business and wanted to talk to the manager alone, but this did not happen, and she eventually signed to prevent the house being repossessed.The loan was not repaid, and Mr Morgan later died. When the bank tried to take possession of the house, Mrs Morgan pleaded undue influence. Next, the case which case:10 CIBC Mortgages v Pitt  (1994) Mr Pitt wished to purchase some shares on the stock market. He pressured his wife into signing a mortgage of ? 150,000 securing the family home. The stated purpose of the loan was to purchase a holiday home and pay off the existing mortgage. The husband used the money to purchase shares and then used those shares as collateral to purchase further shares.For a time the shares did very well and he was a millionaire on paper . The wife saw no benefit from these shares as any income was always used to purchase more shares. In 1987 the stock market crashed. The bank sought to enforce the security under the mortgage which at the time exceeded the value of the home. The wife raised actual undue influence in defence. The judged is the Overruling BBCI v Aboody – it is not necessary for a claimant to demonstrate manifest disadvantage where a defence is based on actual undue influence.However, as the transaction on its face did not seem to the manifest disadvantage of the wife, because the stated purpose was to purchase a holiday home, the bank was not put on enquiry and therefore could not be fixed with constructive notice. In the case:11 Bank of Credit and Commerce International v Aboody  (1990) A husband exerted actual undue influence over his wife in order to get her to sign a charge securing the family home on the debts owed by the company in which the husband and wife owned shares. The couples we re unable to repay the mortgage and the bank sought to repossess the home.The wife sought to have the mortgage set aside on the grounds that it was procured by actual undue influence of the husband. Held the husband had exerted actual undue influence on the wife. However, the transaction was not to the manifest disadvantage of the wife since she owned shares in the company. In considering whether a transaction was to the manifest disadvantage the court was to have regard to any benefits received in addition to the risks undertaken. Therefore the banks were granted possession. Furthermore, in case:12 Credit Lyonnais Bank Nederland NV v Burch  (1997) Miss Burch started working for her employer at the age of 18.She became close to the director, Mr Pelosi, who was an Italian business man 10 years older and trusted him implicitly. She often visited his home to do babysitting and went on holiday with the family to Italy. At the age of 21 she purchased a flat. 5 years later, she was stil l working for him but the company was experiencing financial difficulty. Mr Pelosi asked her to put her flat up as security for a loan taken out by the company. He told her that his home and villa in Italy were also secured on the debt but they would not accept 100% mortgage on these properties and needed another ? 0,000. She agreed to allow her home to be used as security believing that it was only ? 20,000 and that Mr Pelosi's properties would first be sold which would release the debt so that there was no risk to her. The bank had written to her and informed her that the charge was unlimited in amount and time and advised her to seek independent advice. She at no time was told of the extent of the company's borrowings which stood at ? 270,000 neither did the bank satisfy themselves that she had in fact received independent advice.In the case: 13 UCB v Williams  (2002) The Williams family (Mr & Mrs Jack Williams and their three grown up children) ran a garage business as a partn ership with the benefit of a franchise from Toyota. Toyota threatened to withdraw the franchise unless the showrooms were extended and improved. The cost for this was ? 500,000. The Williams approached the bank for a loan which asked for security by way of a charge on the three showrooms in addition to a charge on each of the partner’s home. The defendant, Mrs Williams, was the wife of one of the sons.She had signed the charge without having been told the full extent of the liability. The signature was executed in the presence of all the other partners and witnessed by Mr. Howells, the solicitor of the partnership. The charge secured all debts present and future of the partnership and provided for joint and several liabilities of all the partners. The business was unable to repay the loan and became bankrupt. UCB sought to enforce the charge and Mrs Williams raised undue influence and misrepresentation in her defence. The trial judge, HHJ Hickinbottom, held that undue influen ce and misrepresentation were established.However, he held that Mrs Williams would have signed the charge in any event had she known the full facts and also that UCB were not fixed with constructive notice as a solicitor had witnessed the signature therefore they could assume Mrs Williams had been advised accordingly. Mrs Williams appealed to the Court of Appeal. Held Mrs Williams was successful on both grounds. In conclusion, Joe still can voidable the contract about the Johnny transferred all his property to Victoria. If the contract is void, property Johnny will use back the contract in early to share equally among for Joe and Victoria.

Constitution

CONSTITUTIONAL LAW TUTORIAL DISCUSSION 2 a) Discuss the fundamental difference between the provisional organic law and the ruling under Kaseng v Namaliu. The provisional laws are organic laws that were enacted before the constitution came into operation. The organic laws were enacted by the National Constituent Assembly before the Independence. According to section 266 of the constitution it states: (1) If before Independence Day the constituent assembly has made an instrument expressed to be a provisional organic law, the instrument takes effect, on Independence Day, as if it were an organic law made and coming into effect on that day. 2) If before Independence Day the constituent assembly has made an instrument expressed to be a provisional act of parliament made for the purpose of bringing any provision of this constitution into effective operation on Independence Day, as if it were an act of parliament made and coming into effect on that day. Therefore the provisional organic law s take its effect on the independence day of Papua New Guinea on the 16th of September 1975. The organic laws were adopted into the constitution and ‘force of laws’ were given to these provisional laws.Thus the provisional organic laws were enacted and came into operation together with the constitution since the constitution has to come into power first before it expressly authorised the organic laws as stated in section 12(1) (a) where it state; â€Å"an organic law is a law made by the Parliament in respect of a matter of provision for which by way of an organic law is expressly authorised by the constitution. † However in the case of Kaseng and Namaliu [1995] PNGLR 481 the premiere for western province Isidore kaseng on behalf of all premieres is arguing against the passing of constitutional amendment No 16.In this case the authorising law which is the constitutional amendment No 16 is not yet being enforced when they propose to amend the organic law on provin cial government, thus the passing of the OLPGLLG was referred to as void by kaseng because it is inconsistent with the constitution under section 12(1) (a). Therefore the fundamental difference between the situation in the ruling of kaseng v Namaliu and the provisional organic laws is that on the former case the enactment of the provisional law takes place at different times while the proposal law and constitutional Amendment 16 occur at the same time on the latter case. ) Discussion Discuss the case of NTN pty v The State [1986] PNGLR 167 In this case the contract was between the NTN pty the applicant and the State. Here the state went into an agreement with the NTN pty to start a commercial television station to an existing one. They agreed to start their broadcasting according to clause 4. 2 of their contract on 14 July 1986. The NTN pty limited then got itself a licence and venture into the business. However there was a change in the government on July 10 1986.The new government through the parliament exercised its legislative power under section 109(3) (b) and enforced a new parliamentary act the radiocommunication (television) regulation in 1986. This act prohibits the broadcast of television until 31st January 1988. Thus, from this cause the NTN pty filed a case against the validity of the act. The state claim that the electromagnetic spectrum is within the borders of PNG and so no one has the right to access it since it’s the property of PNG unless given permission.The state further on to claim that the act made is not against the fundamental right to freedom and expression and publication. Therefore the NTN pty applied to the national court pursuant to section 57 of the constitution claiming its right to the freedom of information under section 46 of the constitution. Thus the situation went into appeal to the Supreme Court and the Supreme Court held that the Act was unconditional since it did not comply with section 38 and it also violet the a pplicant’s right to publish and broadcast information under section 46 of the constitution. (c) Discussion i) How the constitution can be altered as specified under section 13 According to section 13 of the constitution it states â€Å"this constitution may be altered only by law made by the Parliament that- (a) Is expressed to be a law to alter this constitution; and (b) Is made and certified in accordance with section 14 (making of alterations to the constitution and organic laws). Therefore section 13 clearly state that to make alteration to the constitution the law must be expressly authorised by the constitution and also it must in accordance and certified with section 14 of the constitution.Section 14 provides with the steps to follow before a proposed law is introduced into the parliament. When it enters the parliament the speaker will then certify that law in the parliament. Thus to alter the proposed law to the constitution by the parliament that same formality must be followed with the support of the majority of votes as stated in section 17 of the constitution. (ii) In the making of alteration of the constitution and the organic laws under section 14 and 17 of the constitution, the procedure the parliament has to follow is firstly to propose a law to alter the constitution or organic law.Since these are no ordinary laws the laws must be carefully supported by a majority of vote as stated in section 17 of the constitution whereby it states â€Å" subject to this section, in relation to a proposed law to alter a provision of this constitution the prescribed majority of votes for the purpose of section 14 ( making of alterations to the constitution and the organic laws) is the majority of votes prescribed by this constitution in relation to that provision, or if no majority is prescribed a two third majority vote. However the parliament must debate this proposed law during different meetings of the parliament and separated in time by at least two months as stated in section 14 (2) (a) (b). further on section 14 (2) (b) state â€Å"†¦the proposed law must be published by the speaker in full in the National Gazette, and calculated, in accordance with the standing of the parliament, to all members of the parliament not less than one month before it is formally introduced into the parliament. When the proposed law finally circulated to all members of the parliament then the speaker will announce under the National seal and according to the parliament standing orders section 100, when the procedure is complete the new law will then come into operation. Therefore the alteration to the constitution and organic law can be done at this stage. Bibliography Kwa E . L, 2008, Constitutional law of Papua New Guinea, UPNG Press, PNG, p. 27. Kwa E .L, 2001, PAPUA NEW GUINEA CONSTITUTIONAL LAW, UPNG Printery, PNG, p. 10. PNG Law Report. UNIVERSITY OF PAPUA NEW GUINEA CONSTITUTIONAL LAW TUTORIAL TWO NAME: LETIARA PELLIE ID NUMBER: 2 0131227 PROGRAM: LLB 1 TUTORIAL DAY: WEDNESDAY 5-6PM TUTOR: LECTURER: AFREN MENEI DUE DATE: 22/03/13 ——————————————– [ 1 ]. Kwa E L 2008 Constitutional Law of Papua New Guinea UPNG press PNG p27 [ 2 ]. PNG Law report [ 3 ]. Kwa L E 2001, PAPUA NEW GUINEA CONSTITUTIONAL LAW, UPNG Printery PNG p, 10.

Law And Society Essays - Lawlessness, Law, Anarchy, Canon Law

Law And Society Essays - Lawlessness, Law, Anarchy, Canon Law Law And Society Law and Society The function of law in a society is more or less universal. It acts as a deterrent to control the evil and treacherous behavior of humans, to maintain discipline and imposes restrictions on some freedom. We live in a chaotic and uncertain world. Without an orderly environment based on and backed by law, the normal activities of life would be lacerated with chaos. Law is a social norm, the infraction of which is sanctioned in treat or in fact by the application of physical force or by a party possessing the socially recognized privilege or so acting. It provides a society with order and predictability, resolving disputes, protecting individuals and property, providing for the general welfare and protecting individual liberties. Law and the predictability it provides cannot guarantee us a totally safe world, but it can create a climate in which people believe it is worthwhile to produce, venture fort, and to live for the morrow. It prevents the state of nature, which would be total anarchy had there been no laws. Societies today are more complex and interacting. Maintaining good order and discipline have far reaching implications on a societys prosperity. Laws are in acted daily through out different societies for the protection and security of individuals, property, businesses and states. It permits an orderly, peaceful process for dispute resolution and provides us with the programs to establish and enable corporately, what would be impossible, or at least prohibitive, to do as individuals. Laws should be designed to protect the individual personal and civil rights against those forces, which would curtail or restrict them. Some examples of this are freedom of speech, religion, the press, the right to a fair trail and the freedom from cruel and unusual punishment. In the United States the respect for the law is paramount and disobedience to the law is punished. The Constitution, acts of Legislative bodies, orders of Rulings of Political Executives, Judicial Decisions and Decisions of Quasi-Legislative and Quasi-Judicial Bodies enact laws in the United States. Many societies have law and rules to prevent lawlessness and anarchy. With out it, most societies would succumb to disorder.

Meiosis - Definition and Examples in Rhetoric

Meiosis s in Rhetoric (1) To belittle, use a degrading epithet or nickname, often through a trope of one word. A concise form of invective. (2) A kind of humorous understatement that dismisses or belittles, especially by using terms that make something seem less significant than it really is or ought to be.Plural meioses; adjectival form, meiotic. See Examples and Observations, below. Etymology:From the Greek, diminish Definition #1: Examples and Observations Meiosis, often achieved through a trope of one word, may range from bitter scorn to light derision.​(Sister Miriam Joseph, Shakespeares Use of the Arts of Language, 1947)The unspeakable in full pursuit of the uneatable.(Oscar Wilde on fox hunting)rhymester for poetgrease monkey for mechanicshrink for psychiatristslasher for surgeonright-wing nutjobs for Republicans; left-wing pansies for Democratspecker checker for urologistambulance chaser for personal injury lawyershort-order chef for morgue workertreehugger for environmentalistKing Arthur: The Lady of the Lake, her arm clad in the purest shimmering samite held aloft excalibur from the bosom of the water.Peasant: Listen, strange women lying in ponds distributing swords is no basis for a system of government. Power derives from the masses not from some farcical aquatic ceremony.King Arthur: Be quiet!Peasant: You cant expect to wield supreme power because some watery tart threw a sword at you.King Arthur: Shut up!Peasant: If I went around saying I was an emperor because some moistened bint had lobbed a scimitar at me . . ..(Monty Python and the Holy Grail, 1975) Definition #2: Examples and Observations Meiosis is a statement that depicts something important in terms that lessen or belittle it. [Woody] Allens fictitious graduation speech . . . alternated between hyperbole and meiosis. Discussing the crisis of alienation in society, Allen remarked. Man has seen the ravages of war, he has known natural catastrophes, he has been to singles bars. Commenting on the benefits of democracy, Allen observed, In a democracy at least, civil liberties are upheld. No citizen can be wantonly tortured, imprisoned, or made to sit through certain Broadway shows. The pattern in each case was the same. Allen introduced a serious topic, began to treat it in a dignified and elevated manner, but ended on a note of understatement.(James Jasinksi, Sourcebook on Rhetoric. Sage, 2001)In The Black Cat [by Edgar Allen Poe] the narrator . . . wants desperately to believe that the narrative he is about to relate is not one of supernatural vengeance on the part of demonic cats and punishing gods; rather, he calls itagain using meiosisa homely narrative. By homely he means ordinary. Through meiosis he attempts to downplay the events and their possible implications for his soul. When he mentions the apparent shape of the white fur on the second cat as resembling a gallows, he again tries to deemphasize the significance of the phenomenon by referring to it as one of the merest chimeras it would be possible to conceive. He frantically wants to believe that the gallows on the cats fur is a mere trick of the imagination and not a supernatural portent of his doom.(Brett Zimmerman, Edgar Allan Poe: Rhetoric and Style. McGill-Queens University Press, 2005) Pronunciation: MI-o-sis Also Known As: diminutio, minution, extenuatio, figure of extenuation, prosonomasia, the disabler, the nicknamer