Tuesday, December 24, 2019

Journey to Aruba Essay - 1446 Words

We were standing in the airport in Aruba, and at that moment I had no idea how we got into that mess. Our clothes were drenched; each one of our faces exhibited emotional distress. â€Å"What are we going to do, guys?† I asked, hoping that someone will respond with a bright idea. But no one did; we all just stood there. A FEW DAYS BEFORE It was the night of prom and everyone was getting in their limos to leave. Normally everyone takes a trip to wildwood for a couple nights after, fortunately, my friends and I had saved up money to travel somewhere exotic. It wasn’t until recently when we decided to go to Aruba. We all piled up into the limo; it was Will, David, Frank, Brian, Ashley, Agi, Saniyah, Nick, Ashley’s brother, and me. I don’t†¦show more content†¦He stood in front of me, and we were face to face. â€Å"I just wanted to let you know, you left your ticket in your bag. Your plane has three famous people on board. And we wanted to inform you that harassment of any kind is prohibited. There will be announcement made at your departure gate.† The man stated. I replied, â€Å"May I ask who the celebrities are?† â€Å"Taylor Swift. Kevin Hart. And Bill Gates. But as I told you before, you are not permitted to go near any of them. Do you understand me?† he intimidated. I answered him with a bit of excitement in the tone of my voice, â€Å"Yes!† He started to walk away, and I knew it was safe to let out a little scream. I finally walked through security safely, and caught up with everyone else. It was ultimately time to board and we gathered in a single file line to give our boarding passes to the flight attendants. Stepping onto the plane itself was the world’s best feeling. I could feel my body get tense and my face lit up. We took our seats and with my luck I was stuck with the middle. Due to the circumstances, I dealt with it. Being that it was a 10 hour flight, I needed ways to keep myself occupied. Therefore, I reclined my seat and fell into a gently sleep. It was about more than half way into our flight and I was abruptly woken up by what seemed to be a lot of turbulence. Turbulence is a feeling that gets me extremely sick. Turbulence reminds me of roller coasters when you reach a high dive drop and my heartShow MoreRelatedThe Caribbe A Vacation Destination For Guests Of All Ages1096 Words   |  5 PagesEnjoy The Nightlife in Aruba: Aruba’s unique landscape is unlike any other Caribbean island. Having a diverse landscape with stunning beaches and a desert-like appearance is what makes Aruba so different from other islands. Beach, sand and fun are not the only thing to expect from this gorgeous island. This is one of those few Caribbean islands that offer an endless opportunity of adult-centered activities. 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Monday, December 16, 2019

Mary Ann Warrenâ€On Abortion Free Essays

The question of abortion causes heated debates among politicians and moralists, sociologists and philosophers. The main problem society tries to solve is moral statue of fetus and its resemblance with the human being. In the essay â€Å"Abortion, and the concept of a Person† Mary Ann Warren proposes a unique vision on these problems and moral choice of women discussing a status of fetus and its moral rights. We will write a custom essay sample on Mary Ann Warren–On Abortion or any similar topic only for you Order Now Following Judith Thomson, Warren discuses the status of fetus as a person and impact of this approach on moral side of abortion. Warren distinguishes two dimensions: a biological and moral status of fetus. Warren believes that a proper understanding of human biology can somehow rule out the possibility that a fetus is a separate human being. Similar to pro-life advocates she invokes our understanding of fetus, particularly the resemblance between fetuses and babies. Warren states that if we consider fetus a person, it should have the same human rights as other citizens. She opposes this opinion and in her words: ‘in the relevant respects, a fetus, even a fully developed one, is considerably less person-like than the average fish` (Warren). Warren singles out five main factors which could help to distinguish a person in moral and biological sense. A person has consciousness and can feel pain; it (he/she) has the ability to reason and act in ways that go beyond instinct (based on motives and goals). A person has â€Å"the ability communicate and a sense of self† (Warren). Warren rejects the idea that biological resemblance of fetus with the human beings is essential. She states that: [I]f the right to life of the fetus is to be based upon its resemblance to a person, then it cannot be said to have any more right to life than, let us say, a newborn guppy† (Warren). If researchers and moralists accept this position, the implications for women, and for the law, would be staggering. Of course, the traditional immunity of women from prosecution for abortion would be untenable. Any woman who had or sought an abortion would at least be liable to punishment for attempted murder or for aiding and abetting the physician who performed the deed. Warren gives a special attention to cloning and new technologies which could clone a cell from a human body. She asks: â€Å"Are all my cells now potential persons?† Trying to answer this question, she comes to conclusion that a part of a human body, â€Å"in some dim sense, [can] be a potential person† (Warren). Some might argue that a â€Å"person† comes into existence only at the point when there is a specific and determined chromosome genetic identity. Warren argues that if a new-born baby is â€Å"more-person like† and moralists justify abortion, they should also justify infanticide and murder. This is one of the most controversial parts of her essay, because if we assume that infanticide is wrong we should accept that abortion is also wrong. Also, Warren includes the case of homosexuals into discussion. If the society does not treat a fetus as ‘a person’, it should treat homosexuals the same way. In this case, â€Å"we can make a limited point: because of the differences we have noted between a skin cell and a fertilized ovum, it is at least not clear that Warren`s analogy is a good one† (Warren). In answering that question on the premise that the fetus is a person, it is important not to underestimate the extent of the sacrifice being asked of the woman. Critical remaining issues are whether a child which is never born alive is a person within the meaning of the statute, and whether it is possible to prove that the injury caused the unborn child’s death. Warren addresses mothers’ choice and their freedom stating that: â€Å"The minute the infant is born, its preservation no longer violates any of its mother`s rights† (Warren). It sometimes is permissible for a pregnant woman to have an abortion because by means of an abortion she stops herself from helping bring about the state that she finds stressful. If she were not helping to bring about the state of affairs in the particular way that she is, she could not interfere with its coming about. Taking into account Warren’s arguments and logic, I suppose that she improperly uses different philosophical and moral categories, law and biological issues. Likewise, those who support abortion rights invoke principles of biology in support of their claim that whatever else it is, a fetus simply cannot be a separate â€Å"person†.   The same is true of the unfertilized ovum is alive. Warren’s arguments and approaches are not clear and even confusing in many points. Her argumentation lacks objectivity and logic that misleads and perplex readers. Thus I agree with Warren that the status of fetus is central in this debate, but we should also take into account mother’s rights and civil liberties. Pregnancy and childbirth are always physically risky activities. More significantly, they produce between woman and child real and life-altering bonds, both psychological and physiological. Woman denied the right to decide whether or not to end a pregnancy is not merely being asked to refrain from killing another person but being asked to make an affirmative sacrifice, and a profound one at that, in order to save that person. Still, there is some force to the moral argument that the right to choose abortion can be distinguished in cases of voluntary, as opposed to involuntary, pregnancy. To be sure, one powerful strand of feminist theory posits that within our society even most nominally sex, particularly in cases where the woman does not feel free to use or to suggest the use of birth control, involves coercion. But if one assumes a pregnancy that did not result from any sort of coercion, then perhaps the imposition of continued pregnancy on the woman may not be unjust. Warren does not include into discussion such important things as fetal age and weight. There remains considerable disagreement over which of many criteria is most adequate in determining viability, and over the precision of any such measures. In addition, the viability rule is difficult to apply because it is an indeterminate concept that depends on the individual development of a specific fetus and the health of the mother. The five factors she used to identify a person can be applied to many animals and primates but we do not consider them as ‘persons’. Thus, following Warren it is by no means enough to show that the fetus is person and that all persons have a right to life – so killing the fetus violates its right to life, i.e., that abortion is unjust killing. Abortion will not be morally wrong if we apply another criteria and factors to analysis of its legacy: typical requirements of the statutes include: the existence of a † person † who has died; the death of the person from injuries resulting from a wrongful act, neglect, or default that would have conferred a cause of action upon the person who has died, had that person survived; and the act, neglect, or default that caused the fatal injury must have been performed by another. I suppose that the logical fallacies are that Warren takes into account only a fetus and compares it rights, moral and legal status with human beings. It would be more important to compare rights and status of a mother vs fetus. The fetus, being person, has a right to life, but as the mother is a person too, so has she a right to life. I agree with Warren that a fetus in not a human yet, but I am disagree that we have a right to compare a fetus with a fish. Presumably they have an equal right to life. The main problem with Warren’s position is that she denies a moral status of fetus. Still, I agree with the author that: â€Å"a right of that magnitude could never override a woman`s right to obtain an abortion at any stage of her pregnancy` (Warren). The major remaining basis of the inconsistency of establishing the rights of the unborn to a cause of action for wrongful death is the question of whether or not a fetus is a person under the appropriate statutes and, if so, at what point in gestation? A related question is whether or not the fetus must be live born before action is allowed. This issue is crucial, because if the fetus is defined as a person, the action will be recognized; if not, the action will be dismissed.    How to cite Mary Ann Warren–On Abortion, Essay examples

Saturday, December 7, 2019

Contract Law Uncertain Legacy Council

Question: Describe about the Contract Law for Uncertain Legacy Council. Answer: Critically evaluate, using case-law, on what different grounds (if any) Helen might argue that the contract of employment between her and Ray is unenforceable? Considering the situation in this scenario where Helen has been offered the contract by Ray in which there are two main clauses, one states that Helen must provide three month notice to the firm in case of leaving the firm and the next one states that if she gets terminated from the firm, she would not be eligible to apply in any law firm for the next five years. Helen considers the contact not too valuable because she trusts Ray being her niece and just signed it. However, when she got job in Haddocks Partners, she just gave one weeks notice to Ray and left. Now Helen is of the view that the contract of employment is unenforceable. There could be some of the reasons on which she is arguing over this and one of it could be the reason that she believes Ray has a family relation with her so there would be no restriction on her to leave and join the firm at any time. According to the Corporations Act 2001, relationships will be considered under three scenarios which are as follow: (a) Relationships between de facto partners (within the meaning of the Acts Interpretation Act 1901); (Corporations Act 2001, 2001) (b) Relationships of child and parent that arise: (i) if someone is an exnuptial or adoptive child of a person; or (ii) if someone is the child of a person because of the definition of child in this Act; (Corporations Act 2001, 2001) (c) Relationships traced through relationships referred to in paragraphs (a) and (b). (Corporations Act 2001, 2001) However, none of these clauses are being met in this scenario! This is the only reason on which she can argue over the contract of employment. Otherwise, she is bound to give notice of three months as mentioned in the contract and Ray has the authority to claim it within the court. If the contract of employment is enforceable, identify the most likely breaches of contract by Helen and identify and describe what the different remedies are that Ray maybe legally entitled to. As already discussed, that there is only one argument which Helen can proceed with but that is not going to stand for long as she has agreed over the contract terms which says as follow: Clause 1.6 In the event of resignation by the employee, the employee is to give three months of notice to the employer. Clause 1.7 The employee upon termination of employment cannot work for any other law firm providing law advice or services within Australia for five years. In this case, Ray is entitled to take legal action against Helens act for not following the terms and clauses of the contract she signed at the time of joining. Helen has breached one of the clauses of the contract which states clearly that she needs to give a notice of leaving at least three months before which she didnt and hence, Ray is entitled to claim it in legal terms. As far as their relation is concerned, Ray might not take such actions but he certainly has the authority to take such action whatsoever! Part B What is the best option for the company, insolvency or voluntary administration and why? In the present scenario where Video Pioneer is under so much debt and they have agreed with the bank too for paying the amount upfront at the end of the financial year, there is a lot of pressure on Jill and Christine as there are only two years left for their lease contract to end. There are two situations and conditions for both directors of VP, one is the insolvency and the other one is the voluntary administration. In such a condition where VP is facing a lot of issues in making profits and they are not in a position to give salaries as well, it is always a better option to take stand themselves and do voluntary administration without getting anything from Video Pioneer. One of the mistakes which Christine did was the car she took from the company without paying them anything which has a cost of about 12, 463$. If VP cannot pay the interest on the term loan of $60,000 what rights does Westpac bank Ltd have to recover the principal and the outstanding interest? In case if the company could not give the interest on the amount of 60,000$ to Westpac Bank, then they are liable to claim legally in the court. In that case, VP might have to pay a lot more than the interest rate because they might have to pay even double the amount which is already pending with them as they have agreed with the bank to pay off all the remaining interest amount (Andrews 2015). VP might face serious issues with that because it might leads them to sell the business totally in order to pay the debts. What is the impact of the personal guarantee on Jill? An individual certification permits an organization to obtain cash without extra encumbrances on its business or resources. In the event that the organization keeps up its installments, there is no requirement for the bank to uphold an individual assurance. Most banks and trustworthy monetary establishments will demand that the executive and additionally shareholder giving the individual certification gets autonomous lawful guidance in regard of the ramifications of giving such an assurance. This will guarantee that the signatory to an individual certification comprehends the terms and outcomes of giving the assurance (Hunter 2015). Assuming the company is placed in liquidation on 31 May 2015, what is the impact of transactions 4 and 5 above? In case of liquidation of the company on May 31, 2015, the car which Christine took could have been sold already or have been distributed amongst the members of the company. Moreover, as far as the transaction 5 is concerned, it could not have been returned or cleared because it is before the liquidation period so there is no duty of care on VP. We can get a similar example from one of the case studies, Esanda finance corporation ltd V Peat Marwick, in which Esanda files a case for breach over Peat Marwick while auditing the company to whom Esanda has given loan (Barker 2015). Peat Marwick won the case because there was no duty of care on them once the audit is done. It could have been a better option if VP goes for the liquidation a bit earlier than going under such a pressure of debts and could have easily resolved the issues. References Andrews, N., 2015.Contract law. Cambridge University Press. Barker, K., 2015. Negligent Misstatement in Australia-Resolving the Uncertain Legacy of Esanda. Ch, 13, pp.319-344. Corporations Act 2001. (2001). 1st ed. Canberra: Office of Parliamentary Counsel, p.117. Hunter, H., 2015. Modern Law of Contracts.