Mid-Semester Coursework Assignment

City University of Hong Kong School of Law LW3902 The Law Relating to Companies Mid-Semester Coursework Assignment Semester B, 2012/2013 Instructions to Students: 1. The assignment is worth 50% of the overall mark for this course. The total word limit is 1,500 words, excluding footnotes and bibliography. You must do a word count and indicate the number of words on the cover page. If a paper exceeds the allowable word limit, only the first 1,500 words will be read and marked. 2. Your answers must be double spaced, and typewritten in 12 point, Times New Roman font.Failure to comply with this format will result in a penalty of five (5) marks. 3. Indicate the course code and title, your name, student number, seminar section, and lecturer’s name on the cover page of your assignment. 4. The deadline for submission is Friday 15 March 2013 at 5 pm. Additional instructions on the submission of your coursework assignment will be provided to you on Blackboard / in class. 5. You must stri ctly adhere to the policy of City University of Hong Kong on plagiarism, which is a serious academic offence. Suspected plagiarism may be subject to disciplinary action.You may discuss your work with others, but you must provide your own answers. In case of doubt as to what amounts to plagiarism, please consult your lecturer. All coursework assignments will be reviewed on Turnitin for plagiarism and originality. 6. Any sources for your answers must be footnoted in the paper. You should cite authority (i. e. cases and/or statutes) to support your legal arguments, and these sources must be acknowledged. 7. Examples of proper citation: Case: Liu Hon Ying v Hua Xin State Enterprise (HK) Ltd [2003] 3 HKLRD 347 Statute: s. 75(1) of the Companies Ordinance (Cap 32) 8. Extension to the deadline for submitting the assignment may be granted only in exceptional circumstances. Prior to obtaining any extension to the deadline, you must first approach your lecturer well in advance with a reason a nd supporting documentation for the request. 9. Any late submissions without permission will incur a penalty of 5 marks per day. For example, for a 2-day delay, a student’s mark may be reduced from 80 marks to 70 marks. No assignment will be accepted after 22 March 2013. 1Instructions: Answer both questions. Question 1 (50%) Lee used to work as a chef at Golden Wok of Fortune, a famous dim sum restaurant in Mong Kok, Kowloon. During his employment, Lee gained a lot of experience in the art of making, preparing and serving dim sum. In particular, Lee learnt the secret ingredients for the restaurant’s special sauce, which made its dim sum items so popular. Since he was a child, Lee had dreamed of starting his own dim sum business, and after many years of dedicated service to Golden Wok of Fortune, Lee decided to leave the restaurant.However, Lee’s employment contract with the restaurant contained a non-competition clause which forbade him from setting up a competi ng dim sum business in Mong Kok within 1 year of termination of employment. It also contained a confidentiality clause which prohibited him from disclosing the ingredients of any recipes that Lee had learnt in the course of his employment. To circumvent these restrictions, Lee incorporated a catering company called Fragrant Kitchen Ltd. specializing in the preparation and sale of dim sum items for office parties and other special events.The head office of the company was based in Shatin, but had branches located in Mong Kok and Tsim Sha Tsui. Lee appointed himself CEO of the company, and was the only director and shareholder. The products of Fragrant Kitchen Ltd. were very popular because of its special sauce, which tasted suspiciously similar to that of Golden Wok. Lee also embarked on a very successful marketing campaign, with the motto: â€Å"Enjoy excellent dim sum in the comfort of your own office or home. Don’t come to us, we will come to you! Due to the attractive pri ces offered by Lee’s new company, many of Golden Wok’s previous customers stopped patronizing Golden Wok. Golden Wok has since become aware of Lee’s connection with Fragrant Kitchen, and is considering legal action against Lee. Advise Golden Wok. Question 2 (50%) Michael and Joshua, both of whom are freelance interior decorators, decided to go into business together in 1990. Michael contributed HK$500,000, a vehicle and some supplies and equipment to the business. Joshua did not contribute any money or assets, but agreed to work full time for the business.Michael and Joshua did not sign any partnership agreement. In the course of their long collaboration, Michael paid Joshua a monthly wage of HK $16, 000, and also paid himself out of the business bank account. Only Michael had signing authority on the business bank account. Joshua was very dedicated to the business and all of his customers were impressed with his decorating skills. Michael, on the other hand, pl ayed a largely managerial role in the business and left most of the decorating work to Joshua.Michael pocketed 2 all of the profit generated by Joshua’s decorating work, but re-invested some of the money in the business over the years. In 2011, Michael acquired a new office building for the business, which Joshua helped decorate and furnish. In 2013, after 23 years of working side by side, the relationship between the two men began to sour. Joshua now wishes to be acknowledged as a partner and claims to be entitled to 50% of the business’s assets. Does a partnership exist? Advise Joshua. 3

Competency Statement Essay

To advance physical and intellectual competence†¦ It is essential to the growth and development of every child to advance their physical and intellectual needs. Preschool age children have a short attention span. They learn by example, and learn by activities that are interesting to them. I keep their minds fresh by including fun games in the weekly lesson plan that improves their physical, cognitive and creative development. I do this on a daily basis. I sing songs, read books and talk about shapes, colors, numbers and letters. I encourage all children to be active, especially, during outside play. I provide the children with opportunities to develop their upper body strength by rolling balls, swinging, and throwing bean bags. I also focus on running, jumping, and balancing to help strengthen their lower bodies. At the center, we come up with all sorts of active games to build up both gross and fine motor skills. I included a game called â€Å"Sleeping Giants† into my weekly plan that is a combination of pretend play and physical activity. The â€Å"Sleeping Giants† game stimulates imagination and multi-directional movement while strengthening their heart, lungs, muscles, and agility. During the game, children will use their large motor skills to run or jump while listening for me to say â€Å"Sleeping Giants†. When I call out, the children will try their hardest to stay quiet to represent a sleeping giant. Then when I call out â€Å"Walking Giants† the game continues and allows the children to be active and freely express themselves.

Adoption Of Single Parent Households - 1150 Words

Two-thirds of all children in the U.S. will spend some time in a single-parent household before they’re eighteen. In fact, the amount of single-parent families has been steadily increasing in the past few decades. If single-parent households are becoming part of the norm, then why are adoptions by single men and women still facing so much scrutiny? This is a countless amount of people who are trying to adopt as a single parent that are being overlooked by the adoption agencies in favor of married couples. On top of this, single parents that are trying to adopt are faced with scrutiny from society. Singles trying to adopt will be able to provide the same amount of love and money as a married couple so they should be presented with the same opportunities to adopt. There are many children wanting to be adopted, and many singles with the adequate resources to raise a child, and doesn’t make sense to rid a child of a stable home. â€Å"In the U.S., there are 397,122 childre n are living without permanent families in the foster care system. 101,666 of these children are eligible for adoption but nearly 32% of these children will wait over three years in foster care before being adopted. In 2012, 23,396 youth aged out of the U.S. foster care system. Out of these adults, 60% had been convicted of a crime, and only 48% were employed† (â€Å"Facts and Statistics† 1). As these statistics show, there is too vast of a number of children in foster care. Foster care has its negative effects,Show MoreRelatedGay Adoption : Discrimination Against Gay1626 Words   |  7 PagesRomero, Jessica Communication Studies 105 Tuesday, Thursday 8-9:20 a.m. Gay Adoption Introduction Attention getter: Discrimination against gay men and lesbian women has been socially recognized for hundreds of years and still continues today. Homosexuals have adopted children for many years, regardless of fear and prejudice. The controversy of this matter is why homosexuals are not presented the equal fairness of the process and open opportunity as heterosexual couples who seek to adopt or fosterRead MoreBeing A Single Parent Or Not?1456 Words   |  6 Pagesconsisting of two parents rearing their children, a spouse and children. This definition is now challenged, as the years have gone on the way we think and picture a family has changed. It is no longer a married stay at home mom and bread earning dad with their little son and daughter. Now a family can be a single mom, a single dad, a same sex couple or a separated or divorced mother and father with their biological or adopted child or children. Over the years the percentage of single fathers has onlyRead MoreAdoption With Sa me Sex Couples1162 Words   |  5 PagesNovember 2017 Adoption with Same-sex Couples Adoption is when a child is removed from their home and are now under protection of another family. They can be related or unrelated to the child. It can be great for children, as they can live a better life than they would have had with their birth parents. The children may have endured abuse or neglect and need to get out of the situation, or the parents could have not thought that they were able to take care of the child. Either way, adoption is made toRead MoreThe Controversy Over Gay Parent Adoption1109 Words   |  4 PagesGay Parent Adoptions Many states laws deny children in foster care, healthy, loving homes simply because of a potential parent’s sexual orientation (Gray, 2006), The catholic church as well as other organization’s oppose gay adoption based upon religious teachings, while others debate the legality of it (Gray, 2006). In today’s society, many children grow up to be emotionally stable and successful whether they have a heterosexual couple as parents or a same sex couple as parents. Gay parent adoptionsRead MoreShould Homosexuals Be Allowed? Adopt?1512 Words   |  7 Pagessame sex marriage what about when homosexuals want to adopt children. In my opinion it is great that homosexuals want to adopt children, because it is not about who they are being raised by. It is all about if the children are being raised with two parents that love and care about them. If someone does not allow a child to be adopted by an homosexual couple it is discrimination. I think everyone should have a family that they care, love, and will cherish for the rest of their lives. In May of 2012Read MoreAnnotated Bibliography Essay1443 Words   |  6 PagesBibliography Stone, A.. Both sides on gay adoption cite concern for children. Usa today. Gannett Co. Inc., 2006. Web. 18 Apr 2012 The article is about a couple who is gay having to move in order for both gay parents to get custody of the adopted child. It talks about the statistics of foster care and the number of kids being adopted right now. The numbers are very low and even for gays, its extremely low. It also states that gays are some good candidates for adoption but not being bias towards either sideRead MoreSociological Concepts Of The Family, Marriage, And Intimate Relationships998 Words   |  4 Pages1. Objective – Explain basic sociological concepts of the family, marriage, and intimate relationships. (Pg. 365) The sociological concept for family is a group of people that are related to by decent, marriage, or adoption. Many sociologist view families as a universal social institution that is central to social life, meaning families play a role of how people learn to be social and how their role in a society. Sociologists are interested in studying families because of how families are createdRead MoreComparative Family Policies Same Sex Marriage1006 Words   |  5 Pagesinheritance, employment benefits, pension benefits, adoption and medical insurance coverage benefits, immigration benefits, and also post-divorce benefits and tax advantages. 2 2. Does this country treat gay and lesbian couples differently from co-habiting couples? If so, how? (2 pts) From the legal point of view same-sex couples have the same rights as cohabiting couples in South Africa. They have the same anti-discrimination laws, the same parenting and adoption rights, the same sexual activity rights andRead MoreChildren With The Parent Families1287 Words   |  6 Pagestend to do better in school, are less prone to depression and are more successful in relationships. Children from one-parent families achieve less and get into trouble more than children from two parent families.†( The Consortium for the Study of School Needs of Children from One Parent Families, 1980). Children in single-parent homes are becoming more common now days; more so single mother families, where there is an absent father in the child’s life. Whether the father is present or absent in theRead MoreEssay about Adoption of Children by Same-Sex Couples1324 Words   |  6 PagesTraditionally, a family has been considered to consist of a heterosexual couple and their children, but many forms of family life exist in contemporary society. Homosexual people also form family units, either as single parents or as couples, with children, who are included in the family through a variety of circumstances. Many have children who were born in previous families (Johnson Piore, 2004) and many have children who were born in a previous heterosexual marriages. A gay man or lesbian women

Cognitive Behavioral Therapy - 1111 Words

The most cost effective interventions for adults with anxiety disorder appears to be individual forms of Cognitive Behavioral Therapy. The mean total societal costs were lower for Cognitive Behavioral Therapy as compared to Selective serotonin reuptake inhibitors and Cognitive Behavioral Therapy and Selective serotonin reuptake inhibitors (Apeldoorn et al, 2014). In particular, self-help books are cost effective compared with other forms of treatment options. Drugs and group based psychological interventions does not appear to be specifically cost effective compared to other treatment options with the exception of a drug known as phenelzine, which was among the most cost effective drug. Some of the least cost effective options are†¦show more content†¦A variety of interventions such as anticonvulsants, benzodiazepines and combination therapies included were not considered in the economic analysis. Benzodiazepines is a drug that cannot be used longer than 2 to 4 weeks to treat anxiety. Clinical evidence on anticonvulsants and combination therapies had an overall low quality and was particular limited. Due to these reasons, the inclusion of these interventions in the analysis would not have significant implications for decision making. A significant limitation of the economic analysis was the poor quality of the recurrence of symptoms data used because of the lack of full bodied evidence of comparative risk of relapse between psychological and pharmacological interventions. Besides, the lack of intervention specific data, the economic model supposed one common risk of relapse employed to all pharmacological interventions and one common risk of relapse across all psychological ones. However, the evidence suggest that in contrast to pharmacological interventions, which has a relatively high relapse risk at six months of maintenance treatment, the psychological interventions is well maintained after end of treatment. Besides, for the economic mod el, the mean probabilities ofShow MoreRelatedBehavioral Therapies : Cognitive Behavioral Therapy1752 Words   |  8 PagesFrom the lens of a Cognitive Behavioral Therapist, an integrated mix of both cognitive and behavioral approaches is best suited the treatment of clients. All the approaches under Cognitive Behavioral Therapy require several different attributes. Some of them being; the need for a positive working relationship between client and therapist, the belief that distress is a cognitive process, treatment is a focus in changing cognitions to create positive change in mood or behavior. Changing irrationalRead MoreBehavioral Therapy And Cognitive Therapy869 Words   |  4 Pagespaper, I will compare and contrast Group Therapy and Cognitive therapy, more specifically, dialectical behavioral therapy, and the differences between assessment types that clinicians use to determine a diagnosis and therapy that would best benefit their client. In the second part of my paper, I wi ll discuss and address different considerations in which a therapist should make in order to provide a safe and effectively therapeutic environment. Though therapy is a largely utilized form of mental healthRead MoreCognitive Behavioral Therapy2168 Words   |  9 PagesBackground Developed in the mid 1960s by Aaron Beck, the Cognitive Behavioral Therapy (CBT) model theorizes that the interpretation of both external and internal events is biased, and can tap unhealthy underlying beliefs that potentially lead to emotional distress (Beck, 2005). Over the years CBT has accumulated an impressive track record in the treatment of a variety of mood disorders. In 1985, a review of 220 studies using CBT in the treatment of depression concluded that 91% supported the modelRead MoreCognitive Psychology : Cognitive Behavioral Therapy1447 Words   |  6 PagesCognitive Behavioral Therapy Djiedjorm Doe (Dede) Middlesex Community College Cognitive behavioral therapy, commonly known as CBT, is a systematic process by which we learn to change our negative thought into more positive ones. CBT is a combination of two types of therapy, cognitive therapy and behavioral therapy. cognition is our thought, so cognitive behavioral therapy combines working with our thought process and changing our behavior at the same time. Cognitive behavioral therapistsRead MoreCognitive Psychology : Cognitive Behavioral Therapy1502 Words   |  7 PagesCognitive Behavioral Therapy, in its most modern form, was developed in 1960 by Aaron T. Beck. However, CBT has an interesting history dating back to the 1920s in the United States and even earlier in other parts of the world. â€Å"Precursors of certain fundamental aspects of CBT have been identified in various ancient philosophical traditions, particularly Stoicism. Stoic philosophers, particularly Epictetus, believed logic could be used to identify and discard false beliefs that lead to destructiveRead MoreCognitive Behavioral Therapy And Narrative Therapy1706 Words   |  7 Pagesgoing on in his every day life. The two that we have chosen are Cognitive-behavioral therapy and Narrative therapy. We will look into both of these and also as we do that we will find out what the role of the social worker is in both cases. Cognitive-behavioral therapy can help you notice the discouraging thoughts that make you feel bad. These thoughts are sometimes called irrational or automatic thoughts. Using Cognitive-behavioral therapy you can learn to stop these thoughts and replace them with helpfulRead MoreCognitive Behavioral Therapy And Narrative Therapy1706 Words   |  7 Pagesgoing on in his every day life. The two that we have chosen are Cognitive-behavioral therapy and Narrative therapy. We will look into both of these and also as we do that we will find out what the role of the social worker is in both cases. Cognitive-behavioral therapy can help you notice the discouraging thoughts that make you feel bad. These thoughts are sometimes called irrational or automatic thoughts. Using Cognitive-behavioral therapy you can learn to stop these thoughts and replace them with helpfulRead MoreCognitive Behavioral And Behavioral Family Therapy2903 Words   |  12 Pages Week 11 Assignment: Signature Assignment: Cognitive Behavioral Family Therapy Rayon L. Walton Nortcentral University One of the most effective components of MFT is Cognitive Behavioral Family Therapy (CBFT). CBFT incorporates cognitive processes that affect behavior and applies it to the therapeutic process of clients. The foundational principles of CBFT stem from behavioral concepts that were impacted by issues that affected clients such as phobias, anxiety and parenting deficiencies;Read MoreCognitive Therapies And Behavioral Therapy982 Words   |  4 PagesCognitive behavioral therapy, on the contrary, utilizes directive consulting tools to control and guide its patients. These include such things as asking questions, interpreting, and providing direction to a client’s attention and emotions. â€Å"Aaron Beck developed cognitive therapy, an approach that focuses on recognizing and changing negative thoughts and maladaptive beliefs into more realistic and constructive thoughts and beliefs† (Erford, 2014). It is believed that cognitive behavioral therapyRead MoreCognitive Psycholo gy : Cognitive Behavioral Therapy1700 Words   |  7 PagesCognitive Behavioral Therapy Cognitive behavioral therapy is a school of psychotherapy that intends to assist individuals with conquering their emotional issues. A focal idea in CBT is that you feel the way you think. Therefore, CBT focuses on the fact that you can live all the more cheerfully and effectively in you begin thinking with a better mindset. CBT urges you to comprehend that you re thought process or beliefs lie between the occasion and your definitive sentiments and activities. The

Essay On Conpartum Profile - 1227 Words

Postpartum Profiles Convalescent leave after delivery will be determined by the attending physician. This will normally be for 42 days. Convalescent leave after a termination of pregnancy (for example, miscarriage) will be determined on an individual basis. Prior to commencing convalescent leave, postpartum Soldiers will be issued a temporary profile for 45 days. If the soldier decides to return early, the temporary profile remains in effect. Soldiers will receive clearance from the profiling officer prior to returning to duty. Soldiers are exempt from the APFT and from record weigh-in for 180 days following the termination of a pregnancy. After receiving clearance to resume physical fitness training, they are expected to use†¦show more content†¦Commanders will ensure that all officials and supervisors support the ASAP. The ASAP participation is mandatory for all Soldiers who are command referred and subsequently enrolled.Failure to attend a mandatory counseling session may constitute a violation of Article 86 of the Uniform Code of Military Justice (UCMJ). Processing Separation Soldiers who fail to participate adequately in or to respond successfully to rehabilitation will be processed for administrative separation and not be provided another opportunity for rehabilitation except under the most extraordinary circumstances, as determined by the clinical director (CD) in consultation with the unit commander. In addition to existing separation policies for alcohol or other drug abuse rehabilitation failures, Soldiers with a subsequent alcohol or drug-related incident of misconduct at any time during the 12-month period following successful completion of the ASAP or during the 12-month period following removal from the program, for any reason, will be processed for separation as an alcohol or drug abuse rehabilitation failure. Ensure that the first general officer (GO) in the chain of command with a judge advocate or legal advisor receives the appropriate information on drug positive Soldiers from the ASAP and makes the retention decision. Alcohol Policies Alcohol abuse and resulting misconduct

Contract Law Dictates Development Corporation

Question: Describe about the Contract Law Dictates for Development Corporation. Answer: The general principle of contract law dictates that when parties enter into a contract they are obligated and bound to effectively perform the contract within the agreed terms and conditions in the contract. It is worth noting that construction contracts have gained local notoriety in litigation because of delays that are always accompanied by excuses from the contractors. It is thus submitted that failure to perform a contract within the stipulated and agreed schedule attracts significant liability as was seen in Jerry Bennett Masonry, Inc. v. Crossland Constr.Co. (2005), where a subcontractor did not adequately provide for labor for a construction thereby causing a delay in the construction and the courts upheld delay damages against the company. Marina Construction Limited was notified of all the structural defects with the building in the contract as stated in the facts and therefore the delay was one that ought to have been foreseen before agreeing to the terms of the contract and formation of the contract. The delay can thus be termed as one that is an inexcusable delay which is defined as a delay caused by the fault or neglect of the contractor and the owner is entitled to a claim for damages. (Nathan, Lee, and Henry, 2014) Marina Construction Limited (MCL) is under a contractual obligation to perform the contract according to the agreed terms. However, in cases of delay in the performance of contracts the Western Australia Supreme court has held that a detailed notice of any such delay must be served to the other party. (CMA Assets Pty Ltd v John Holland Pty Ltd, 2015) It is not in dispute that MCL provided a notice to the principal in this case albeit it was orally made, the notice can be held to have been given out of time. In Australian Development Corporation (ADC) v White Constructions (1996) it was held that a notice of extension of time must be given within reasonable time to allow the principal take any remedial action or adjustments as to any adjustments. The notice by MCL was only served after the article in the newspaper was posted yet it was within the knowledge of the directors that they could not complete the contract as stipulated in the contract. It is imperative to note that a notice is required even where the contract has not provided for an extension clause. The university can claim liquidated damages if the contract had a liquidated damage clause. (J-Corp Pty Ltd v Mladenis (J-Corp), 2010) The liquidated damage clause will spare the university tedious endeavors calculating the amount of damages compensable. (Boucaut Bay Co Ltd v Commonwealth, 1927) On the other hand, the absence of a liquidated damage clause in a contract will not entitle the contractor to escape liability for delay damages to the contractor. The university can thus recover actual damages without the liquidated damage clause that includes lost profits from the admission of the students and rental charges and interests. The South Carolina Supreme Court affirmed that loss profits can be awarded where the owner undertakes to prove with a reasonable degree of certainty the amount of loss profits. (South Carolina Federal Savings Bank v. Thornton-Crosby, 1992) In regards to the $500,000 that the university had paid to MCl, the university can claim for the restitution of the funds that serves to protect it from unjust enrichment. Conversely, the courts have held in Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd (1943) that a party that had pre-paid some amounts of money for the performance of the contract could recover it after the contract had been frustrated. It is in fact submitted that the amount paid by the university should not have been given to MCL as this was rewarding them for their breach. 2. Tom, Jane Co (TJC) Firm was under the obligation to perform their duties in a professional manner. In the conduct of their duties and activities, the firm ought to have in mind the ripple effects of their actions on the persons they are serving. The famous dicta by Lord Atkin usefully asserts that one should take reasonable care to avoid acts or omissions that are likely to injure a neighbor and further defines a neighbor as one who is like to be affected by the consequences of ones acts or omissions.( Donoghue v. Stevenson, 1932). Moreover, the Civil liability Act 2002 recognizes the tort of professional negligence. It is submitted to TJC that their acts and omissions have invited the tort of negligence precipitated by their omissions that displayed any degree of complacency and ineptitude in their audit business. For an act or omission to amount to negligence there are three essential elements that the plaintiff, in this case, will have to prove for the action to be successful. (Grant v Australian Knitting Mills, 1936) It is essential that a duty of care owed to the claimant who is the consumer must exist and consequently a breach of that duty. In addition, there must also be shown that indeed there was damage or injury caused as a consequence of the breach of that duty. Duty of care The neighbor principle has since widened the scope of the duty of care and it must not necessarily be a consumable product but the duty of care also extends to instances where one relies on information or advice from someone with a specific skill and knowledge. It follows that where such information is given negligently a tort of negligence action can arise. (L Shaddock Associates Pty Ltd v Parramatta City Council, 1981) TJC has a duty of care to its clients sunflower bank limited and they are expected to perform there duties with skill and competence. They have a duty to exercise reasonable skill and care whereby the standard of skill expected is of an ordinary skilled person practicing the same discipline. (Bolam v Friern Hospital Management Committee, 1957). It is imperative to note that the test for test for determining the standard of care will be that of an ordinary skill person highlighted above, in the same practice. This test is commonly referred to as the bolam test. A modern litmus that would determine the duty of care was espoused in Caparo Industries v Dickman (1990) where a tripartite approach is given by the court. First, it was established that the damages and consequence of the acts of the defendants must be reasonably foreseeable. (Kent v Griffiths, 2000) It is hence submitted that the fraud that TJC failed to detect was an omission which was foreseeable since there are several cases of fraud in the banking industry and practitioners should have an open eye on every issue. Secondly, it must be established that there was a legal relationship between the parties that can be regarded as a relationship of proximity that will expect a duty of care from the other party. (Home Office v Dorset Yacht Club, 1970) It goes without saying that a relationship of proximity is easily established between TJC which was an auditing firm and its clients sunflower bank. The duty of care is established because sunflower bank depended on the services of TJC. Thirdly, whether taking all circumstances into consideration it would be just reasonable and fair for the law to impose a duty. (Capital v Hampshire County Council ,1997) In TJC the court will not have to struggle with imposing any duty on TJC as the relationship between TJC and Sunflower bank is one that is created by a legal contract. Breach of duty Negligence occurs where the standard expected of a person falls below that of an ordinary skilled reasonable man. (Roe v Minister of Health, 1954). In deciding whether there has been a breach of the duty of care owed the courts will be guided and persuaded by four factors. First, the court will look at the degree of risk involved where it weighs the likelihood of the harm occurring. In Haley v London Electricity Board (1964) the court held that there was a commonly known risk that ought to have been foreseen. As noted above, the risk of fraud in banking is one that has gained prominence in this era and experts and professionals should put all measures to ensure that any such frauds are avoidable before they transpire. Secondly, the court will also look at the seriousness of the harm or damage suffered. It has been observed that at times the gravity of harm or damaged suffered is so is so low that courts will throw out such claims that seek to waste the courts time. (Paris v Stepney Borough Council, 1951) The gravity of the harm and loss suffered due the actions TJC cannot be downplayed by the court. The loss of $10 million is so grave and is likely to attract the attention of any ordinary court. Thirdly, the court will consider whether it would be reasonably practicable to take any precautions to avoid the harm or loss. (Latimer v AEC Ltd, 1952) The standard here will be that of a reasonably skilled person in the same practice. Fourthly, the courts will ask if the defendants action was of any useful social purpose. (Watt v Hertfordshire County Council, 1954). Infallibly, the actions of TJC served no useful purpose. Proof of breach If Sunflower bank is to bring a claim of negligence then as the plaintiffs they have to provide evidence that will connote that the defendant failed to exercise reasonable skill and care. Nevertheless where such evidence is not available and the facts of the case clearly speak for themselves the maxim of res ipsor loquitor will apply. (Scott v London St Katherine Dock Co, 1865) Damage caused by MCJs Breach of Duty It is submitted that Sunflower bank must show that the loss of the money would not have occurred but for the defendants negligent omissions. This is referred to the But for test that seeks to establish the causal link between the damage and the defendant. The test was authored in Barnett v Chelsea Kensington Hospital (1968) where it was held that damage may at times occur not as a consequence of an act or omission of the defendant but the damage would have occurred anyway even if the or act omission did not transpire. It is advised that this argument resonates more with the defendants case and can be used as a defense. It has been argued that a foreseeable harm may at times occur in an unforeseeable manner which is an argument that TJC may borrow but such an argument does not hold water and liability will still attach as was held in Hughes v Lord Advocate (1963). However, a defendant will not be liable for a tort of negligence where the plaintiff has a weakness or a predisposition to such loss or damage. (Smith v Leech Brain Co, 1961) The foregoing submissions are brought to the attention of TJC and the three essential elements are fundamental for any claim of negligence to succeed. It is of particular significance to note that a claim of negligence is a civil action and the standard of proof is not equated to a criminal action which is beyond reasonable doubt. The standard of proof here is lower and is held to be on a balance of probability. TJC will not incur liability for negligence if they acted professionally and in a manner that has a general acceptance across Australia. (Civil Liability Act 2002 S 50(1) 3. It is apt to underscore the fact that the law of agency imposes a fiduciary duty on the agent. Succinctly, the agent is authorized by the principal to act on his behalf and this raises a legal relationship. The agency agreement between Will and farm fresh crystalizes their legal relationship. It should be borne in mind that an agent is authorized to do that which is authorized by the Principal or that which he can reasonably infer that the principal would desire him to perform. (International Harvester Company of Australia Pty Ltd v Carrigan's Hazledene Pastoral Co ,1958) From the onset it is submitted that pursuant to the agency agreement entered between farm fresh and Will, Will has an actual express authority to act on behalf of the principal. The authority is complete because it follows consent from the principal and there had been a written agreement that Will shall earn a 5% interest in the work that he will undertake on behalf of the principal. (Equiticorp Finance v BNZ(1993) Agency must not necessarily derive from consent of the principle but the law can infer that that an agency agreement existed where the parties were acting as such with the third party and the third party knew that the agent was acting for a known principal.. (Branwhite v Worcester Works Finance Ltd, 1969) It can be argued that Will had actual implied authority which while he was performing the transaction with the third party as he did not have express authority ,however, drawing from the following elements of an actual implied authority his acts were valid. First the agent was acting following the usual manner in which he performs his duties on behalf of the principal. This is referred to as the usual authority of an agent and it can be said that Will was acting in the usual way and his actions were incidental to the other acts that he has been performing for the principal. ( Hely-Hutchinson v Brayhead Ltd 1968) Second, the acts of the agent had gained the force of a custom and thus it is referred to as a customary authority. The leading case in the entire of the facts in issue and one that perhaps goes furthest is (Freeman Lockyer v Buckhurst Park Properties (Mangal) (1964). In this case, H and K formed a company to develop property and the articles of the company gave provisions for managing directors but they had not been appointed. K went ahead and engaged a company to take on some constructions but later on the company claimed that k did not have authority. It was held that the K had ostensible authority to act. The courts have also espoused that the person who is held to have ostensible authority must also have an actual express authority to act. (Crabtree-Vickers Pty Ltd v Australian Direct Mail 1975) Will had ostensible authority to act because it was the usual way of business as the principal had not objected to his actions thereby the third party continued to transact with him and furthermore he had express authority derived from the agency agreement. A more persuasive position is that, despite the fact that Will had no express authority to transact with Dairy to Go, his actions were ratified by the principal. For ratification to be held have been undertaken the following must be proven; First, the agent whose act is sought to be ratified must have been acting on behalf of the principle. (Howard Smith Co Ltd v Varawa, 1910) This was well within the knowledge of Dairy to go and the business had gone on for a considerable period of months. Secondly, the principal must have been disclosed at the time of ratification. (Trident v McNeice Bros Pty Ltd, 1988) Dairy to go knew the principle because they were aware that Will was an agent of Farm fresh. The silence of the principal does not amount to ignorance nor does it mean that he has not ratified the act. It has been held that the principal can also ratify an action by silence or inaction. (Klement v Pencoal, 2000) This argument can be borrowed and applied by the principal of Farm fresh as he can say that he was aware of the business between his agent and Dairy to go and that is why he allowed it to continue up to then. This argument crystallizes the point that indeed there was a valid and enforceable contract between Farm fresh and Dairy to Go. Undoubtedly the evidence that has been demonstrated above manifestly shows that the contract that was undertaken between Dairy to Go and Farm fresh is one that legally binds both parties and is enforceable. Indeed it has been proven that Will had authority to act on behalf of the principal albeit his authority was not expressly authorized by the principal. It is submitted that an agent can not act on his own behalf if the third party is aware of the principal. (Irvine v Union Bank of Australia, 1877) To this extent, it can also be argued that Will is entitled to earn the 5%interest because as noted above there has been a mountain of evidence to show that indeed an agency relationship existed and that Wills principle is mandated to honor the agency contract. On the hand, the principal lacks a sufficient ground to terminate the agency contract because Will acted in a manner that was recognized by law so no penalties can be imposed on him. 4. Reflective Journal The law is the art of goodness and equity, but it is the inherent nature of justice that it will not make parties in a case equally exuberant at the end of the day. However, in the eyes of the law justice is deemed to be fairness. My reference to the above has been accentuated by the fact that the contractor in question one has to agree to suffer the loss a circumstance that the construction company does not sit well with but the law is ass as the positivist school of thought will put it. The research on this question has compelled me to learn that the law of contract requires that contracts are entirely honored. In addition, the construction professionals should be careful to undertake the contract as agreed. What was intriguing more is the fact that the contractors have to pay liquidated damages. I have had the privilege to bring to my attention from the research on this question that preferably, construction contracts must entail a liquidated damage clause that serves to prevent tedious endeavors trying to calculate the amount of damages to be paid. (Kean and Caletka, 2008) Nevertheless, the absence of a liquidated damages clause is not an implication that the owner cannot apply for liquidated damages. Suffice to say, contactors should follow the proper procedure where they have foreseen an expected delay and since the law is dynamic the contract can be extended but it is very unfortunate that the law does not favor the circumstances of the contractors case in question which is has a devastating effect on them. In regards to question two the research involved was quite educative and one that its importance I cannot undermine. Professionals have a duty of care to people who their acts or omissions are like to affect and they are required to reasonably foresee such acts or omissions so as not to cause any harm. (Donoghue v. Stevenson, 1932) The famous dictum of Lord Artkin is one that sinks deep into my heart as an aspiring profession. It is prudent that I mention that this research had a wealth of case law that was interesting and whose importance to my career I cannot undermine. The case laws that I have used exemplifies that the standard of skill and care required of the profession will not be measured beyond that of an ordinary skilled man in the same practice. It is worth mentioning that a breach duty of care is followed by award of damages to the party which indeed has a deterrent effect to professionals thereby sending a sound and striking message that those who are reckless in their duties will come face to face with the sharp claws of the application of the law of Negligence. Question three, on the other hand, bestows upon me sufficient knowledge to be able to track the path of the law of agency with competency. The authority that is vested on the agent by the principle is a fundamental one and the agents should be careful not to exceed their authority. In undertaking this question it was brought to my knowledge that an agent should only proceed with an act in which the principal himself is competent to undertake. It was rather interesting to note that despite Wills lack of express authority, the law derives other authorities that approved the actions of Will. Conversely, the ratification of previously unauthorized is a principle that I carried home and could not negate its importance. Indeed a principal can right the wrongs of the agent but only to the extent that the actions are not illegal. The ability of the law to fit the circumstances in favor of Will and Farm Fresh was in my view enticing. The flexibility of the law in this research is unimaginable. I was compelled to learn that actual implied authority if different from apparent authority. Implied authority is inferred from the usual conduct of the business and actions that are incidental to the normal conduct of the agent that is allowed by expressed authority. On the other hand, apparent authority is a conduct by the principal that has led the third to believe that the agent is acting on his behalf. References Australian Development Corporation (ADC) v White Constructions (1996) 12 BCL 317. 2. Barnett v Chelsea Kensington Hospital (1968)3 All ER 1068 Bolam v Friern Hospital Management Committee (1957) 1 WLR 582 Boucaut Bay Co Ltd v Commonwealth (1927) 40 CLR 98 Branwhite v Worcester Works Finance Ltd (1969) 1 AC 552. Caparo Industries v Dickman (1990) 2 AC 605 Capital v Hampshire County Council (1997)QB 1004 Civil Liability Act 2002 CMA Assets Pty Ltd v John Holland Pty Ltd (2015)WASC217 Crabtree-Vickers Pty Ltd v Australian Direct Mail (1975)133 CLR 72. Donoghue v. Stevenson (1932)UKHL 100 Equiticorp Finance v BNZ (1993) 32 NSWLR 50 Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd (1943) AC 32 Freeman Lockyer v Bucklehurst Park Properties (Mangal) Pty Ltd (1964)2 QB 480 Grant v Australian Knitting Mills (1936 )A.C. 562 Haley v London Electricity Board (1964) 3 WLR 479, Hely Hutchinson v Brayhead Limited (1968) 1 QB 549 Home Office v Dorset Yacht Club (1970) AC 1004 Howard Smith and Co Limited v Varawa (1910) HCA 30 Hughes v Lord Advocate (1963) A.C. 837 (H.L.). International Harvester Company of Australia Pty Ltd v Carrigan's Hazledene Pastoral Co (1958) 100 CLR 644 Irvine v Union Bank of Australia (1877) 2 App Cas 366 J-Corp Pty Ltd v Mladenis (J-Corp) (2010) 26 BCL 106 Jerry Bennett Masonry Inc. v. Crossland Constr.Co. (2005) 171 S.W.3d 81 Keane, P.J. and A.F. Caletka, ( 2008) Delay Analysis in Construction Contracts Kent v Griffiths (2000)2 WLR 1158 Klement v Pencoal [2000] QCA 152 L Shaddock Associates Pty Ltd v Parramatta City Council [1981] HCA 59 Latimer v AEC Ltd (1952) 2 All ER 449 Nathan C, Lee C and Henry P,( 2014) Resolving Problems and Disputes on Construction. Roe v Minister of Health [1954] 2 All ER 131 South Carolina Federal Savings Bank v. Thornton-Crosby (1992) SC 423 S.E.2d 114 Trident v McNeice Bros Pty Ltd (1988) HCA 44 Paris v Stepney Borough Council (1951) 1 All ER 42, Watt v Hertfordshire County Council (1954) 1 WLR 835

Online Education and Pragmatism

Effect of Online Education and Adult Education and Connection with John Dewey’s Pragmatism The principles and paradigm of education has changed dramatically. More and more people understand the importance of the education and want to receive good knowledge by means of attending a prestigious college at any age. Thus, it appears that adult education and online education as the innovative forms for learning are in demand.Advertising We will write a custom essay sample on Online Education and Pragmatism specifically for you for only $16.05 $11/page Learn More The main idea of this paper is to consider the effect of online education and adult education on the paradigm of the social learning structure, connect these forms of studying with John Dewey’s pragmatism and interpret the issue from a different philosophical perspective. Thus, online education is considered as the studying on the basis of the innovative technologies which take place on t he Internet and is based on the principles of individual distant learning. Adult education does not differ greatly from ordinary generally accepted classes with the differences that they are attended by adults and are aimed at expanding their school education or deepening it is a particular working sphere. Dewey was sure that there should be the contest between traditional education and progressive, like online and adult, as he used to say that â€Å"that the issue runs deeper than a mere contention between advocates of progressive education and traditional education† and the attempts had to be taken â€Å"to resolve the dualism that ultimately divided and broke the spirit of the progressive education movement† (Schubert, 2006, p. 79). Therefore, it may be concluded that taking into account Dewey’s theory, the innovative education is to be in contrast with the traditional one until the specific steps are not taken. John Dewey’s pragmatism may be covered i n the following, If a theory makes no difference in educational endeavor, it must be artificial. The educational point of view enables one to envisage the philosophic problems where they arise and thrive, where acceptance or rejection makes a difference in practice. If we are willing to conceive education as the process of forming fundamental dispositions, intellectual and emotional, toward nature and fellow-men, philosophy may even be defined as the general theory of education (in Saito, 2006, p. 345).Advertising Looking for essay on education? Let's see if we can help you! Get your first paper with 15% OFF Learn More Interpretation of the Issue from a Different Philosophical Perspective One of the main ideas of the Dewey’s philosophy is that education should be changed due to the changes in the society. The democratic relation to education should become a priority. Therefore, the online education and adult education are exactly what Dewey was talking about. Ho wever, it is possible to consider these types of education from other perspectives. Thus, Cavell is sure that the difference should be made via language and the education should speak to learners. The main difference from the Dewey’s education is that Cavell offers to make difference in the form of teaching that may be used in online learning and adult education. Therefore, it should be stated that even though Dewey and Cavell wanted to apply different pragmatist theories, they wanted to make education different from traditional, to present innovative ideas which may be helpful in making a difference. The philosophies of Dewey and Cavell coincide as they are aimed at making difference, but they are also various as the pragmatism of Dewey is that he talks about education, while Cavell speaks to the learners. Online education and adult learning may apply to the theories of these scholars. Reference List Saito, N. (2006). Philosophy as Education and Education as Philosophy: Demo cracy and Education from Dewey to Cavell. Journal of Philosophy of Education, 40(3), 345-356. Schubert, W. H. (2006). Teaching John Dewey as a Utopian Pragmatist While Learning from My Students. Education Culture, 22(1), 78-83. This essay on Online Education and Pragmatism was written and submitted by user Dominick Kramer to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.