Saturday, May 23, 2020

The Spiritual Exercises Dean Brackley Joins A Long...

How can we tell how best to dedicate our lives to the common good in the modern age? In The Call to Discernment in Troubled Times, Dean Brackley joins a long tradition of interpretation of the writings of Saint Ignatius Loyola. Considering the Spiritual Exercises as the starting point for his model, Brackley seeks to recover the place of direct, supernatural, divine influence, particularly by the Holy Spirit, on the discernment of the believer. The spiritual challenges faced by followers of the Exercises have evolved in recent times, as has the Church’s recognition of existing challenges. In the spirit of The Second Vatican Council, he expands the interpretation to account for the experiences of both powerful and marginalized in an ever rushing world, always seeking to get ahead. Rather understandably, Christianity has tended to focus primarily on the Jesus Christ, titular savior and most concretely comprehendible of God’s Persons, though dogma of the Trinity names two other Persons, of whom the Father is at least given credit as Creator and Sustainer, while the Holy Spirit has traditionally been assigned only an ancillary role, occasionally intervening to guide the Curia. In fact, the Holy Spirit, offered freely as the Paraclete to all men and women, regardless of merit is quite possibly the most active of the three in the inner lives of all seekers of truth today. It is His guidance we seek and find in the discernment process. In offering his new interpretation of

Tuesday, May 12, 2020

A report on the Factors of Foreign Direct Investment in India - Free Essay Example

Sample details Pages: 4 Words: 1162 Downloads: 4 Date added: 2017/06/26 Category Finance Essay Type Cause and effect essay Did you like this example? Natural and imposed locational characteristics of a country can have a major influence on a firms decision to invest in the country. A countrys attractiveness factor can vary from one company to another based on organizational context. Each firm may decide on a countrys attractiveness as a possible investment site according to criteria specific to the firm. Don’t waste time! Our writers will create an original "A report on the Factors of Foreign Direct Investment in India" essay for you Create order Location characteristics of a country can have a major influence on a firms decision to invest in the country. Major factors that may influence FDI attractiveness of a country are Economic/Financial Factors: The countrys GDP growth rate; Conditions for FDI resulting from the countrys economic policies; Infrastructure facilities; Economic incentives for FDI; Stability of its currency; Expected returns on investment. Political/Legal Factors: Political stability; Integrity of its legal system; Ease of protecting intellectual property rights in the country. Cultural Factors Cultural similarity of the country to a firms home country. Market Factors: Current market size; Expected market growth rate; Proximity to other countries to facilitate exports from the FDI venture. Resource Factors: Availability of skilled workers; Lower labor costs (after including the effect of labor productivity); Availability of competent management st aff; Availability of raw materials. Factors relating to IJV Formation: Ease in finding suitable IJV partners; Trustworthiness of IJV partners in maintaining long-term relationship. Different Types of FDI by direction Inward: Inward foreign direct investment is a particular form of inward investment when foreign capital is invested in local resources. Inward FDI is encouraged by: Tax breaks, subsidies, low interest loans, grants, lifting of certain restrict ions. The thought is that the long term gain is worth more than the short term loss of income. Inward FDI is primarily restricted by ownership restraints Outward: Outward foreign direct investment, sometimes called direct investment abroad, is when local capital is invested in foreign resources. Outward FDI is encouraged by: Government-backed insurance to cover risk. Outward FDI is restricted by: Tax incentives or disincentives on firms that invest outside of the home country or on repatriated profits Why has Foreign Investment increased manifold in India International investment levels have exploded in recent decades. These increases in the flows of foreign investment have themselves marked a new and distinct phenomenon in the era of globalization. Several factors like Technology, the thirst for high profits by capitalists, end of the cold war and Financial liberalization have played critical role in increasing the foreign investment in the past decade. SHARE OF TOP INVESTING COUNTRIES FDI EQUITY INFLOWS (Financial year): Amount Rupees in crores (US$ in million) Ranks Country 2008-09 (April- March) 2009-10 (April- March) 2010-11 ( April- May) Cumulative Inflows (April 00 May 10) %age to total Inflows (in terms of US $) 1. MAURITIUS 50,794 (11,208) 49,633 (10,376) 5,854 (1,294) 216,760 (48,534) 42 % 2. SINGAPORE 15,727 (3,454) 11,295 (2,379) 3,856 (854) 49,002 (11,044) 10 % 3. U.S.A. 8,002 (1,802) 9,230 (1,943) 802 (178) 37,991 (8,456) 7 % 4. U.K. 3,840 (864) 3,094 (657) 507 (112) 26,505 (5,996) 5 % 5. NETHERLANDS 3,922 (883) 4,283 (899) 1,358 (298) 21,483 (4,785) 4 % 6. JAPAN 1,889 (405) 5,670 (1,183) 1,647 (369) 18,542 (4,083) 4 % 7. CYPRUS 5,983 (1,287) 7,728 (1,623) 237 (53) 18,014 (3,952) 4 % 8. GERMANY 2,750 (629) 2,980 (626) 136 (30) 12,604 (2,829) 2 % 9. FRANCE 2,098 (467) 1,437 (303) 284 (63) 7,203 (1,593) 1 % 10. U.A.E. 1,133 (257) 3,017 (629) 46 (10) 7,069 (1,559) 1 % TOTAL FDI INFLOWS * 123,025 (27,331) 123,378 (25,888) 19,989 (4,427) 536,492 (120,155) Note: (i) *Includes inflows under NRI Schemes of RBI, stock swapped and advances pending for issue of shares. (ii) Cumulative country-wise FDI equity inflows (from April 2000 to May 2010) Annex-A. (iii) %age worked out in US$ terms FDI inflows received through FIPB/SIA+ RBIs Automatic Route+ acquisition of existing shares only. SECTORS ATTRACTING HIGHEST FDI EQUITY INFLOWS: Amount Rupees in crores (US$ in million) Ranks Sector 2008-09 (April-March) 2009-10 (April-March) 2010-11 ( April- May) Cumulative Inflows (April 00 May 10) % age to total Inflows (In terms of US$) 1. SERVICES SECTOR (financial non-financial) 28,411 (6,116) 20,958 (4,392) 2,643 (587) 108,054 (24,227) 21 % 2. COMPUTER SOFTWARE HARDWARE 7,329 (1,677) 4,350 (919) 1,333 (296) 45,179 (10,168) 9 % 3. TELECOMMUNICATIONS (radio paging, cellular mobile, basic telephone services) 11,727 (2,558) 12,338 (2,554) 4,023 (891) 44,729 (9,821) 9 % 4. HOUSING REAL ESTATE 12,621 (2,801) 13,586 (2,844) 738 (163) 38,107 (8,519) 7 % 5. CONSTRUCTION ACTIVITIES (including roads highways) 8,792 (2,028) 13,544 (2,868) 594 (132) 36,316 (8,191) 7 % 6. POWER 4,382 (985) 6,908 (1,437) 1,416 (313) 22,335 (4,940) 4 % 7. AUTOMOBILE INDUSTRY 5,212 (1,152) 5,609 (1,177) 222 (50) 20,898 (4,615) 4 % 8. METALLURGICAL INDUSTRIES 4,157 (961) 1,935 (407) 2,101 (461) 15,541 (3,591) 3 % 9. PETROLEUM NATURAL GAS 1,931 (412) 1,328 (272) 757 (169) 12,261 (2,834) 2 % 10. CHEMICALS (other than fertilizers) 3,427 (749) 1,707 (362) 175 (39) 11,449 (2,535) 2 % Factors influencing foreign investment decisions It is important to understand the other factors that influence where and why companies decide to invest overseas. These other factors relate not only to the overall economic outlook for a country, but also to economic policy decisions taken by foreign governments -aspects that can be very political and controversial. Direct investors tend to look at a number of factors relating to how they will be able to operate in a foreign country: the rules and regulations pertaining to the entry and operations of foreign investors standards of treatment of foreign affiliates, compared to nationals of the host country the functioning and efficiency of local markets trade policy and privatization policy business facilitation measures, such as investment promotion, incentives, improvements in amenities and other measures to reduce the cost of doing business. For example, some countries set up special export processing zones, which may be free of customs or duties, or offer special tax breaks for new investors restrictions, if any, on bringing home (re-patriating) earnings or profits in the form of dividends, royalties, interest, or other payments How foreign companies enter India A business presence in India may be established by a foreign entity through: Incorporating an Indian company with 100% foreign equity, operating as a wholly owned subsidiary; Incorporating a Joint V enture Company (JV C) with an Indian partner and/or with the general public and operating as a listed company; or Incorporating a JVC with an Indian partner and operating as an unlisted company. Branch Office A branch would mean an establishment carrying on substantially the same activity as its Head Office. Foreign companies intending to open a Branch Office (BO) in India need to obtain prior permission of RBI which would encompass even approval to the scope of activities that are intended to be carried out in India. Liaison Office A Liaison Office (LO) is in the nature of a representative office set up primarily to explore and understand the business and investment climate. A LO is not permitted to undertake any commercial / trading / industrial activity, directly or in directly, and is required to maintain itself out of inward remittances received from abroad through normal banking channels. Project Office Foreign companies can establish Project Offices (POs ) in India specifically for the purpose of execution of specific projects. A PO is similar to a branch office opened for the limited purpose of executing a particular contract. Conclusion India has liberalized foreign investment regulations in key sectors, opening up commodity exchanges, credit information services and aircraft maintenance operations. The foreign investment limit in Public Sector Units (PSU) refineries has been raised from 26% to 49%. An additional good point is that the mandatory disinvestment clause within five years has been done away with. Increasing foreign investment can be used as a measure of growing economic globalization. Foreign Direct Investment is generally preferred to Foreign Portfolio Investment, commonly referred to as Foreign Institutional Investment since FDI is expected to be long term whereas FII are viewed as good weather friends who would exit the country during the time of trouble. Moreover, along with financial investment, FDI brings access to modern technologies and export markets. On the other hand, FII also allows entrepreneurs to get access to huge amounts of capital but these flows of port folio can reverse at any time and has a tendency to flow towards globally competitive sectors of the economy.

Wednesday, May 6, 2020

Animal Farm By George Orwell - 890 Words

The question, â€Å"Who is at fault?† is one asked many times throughout history. It can be put into many scenarios, like this one, where it is questioned whether the pigs or the animals are at fault for the dystopian characteristics on Animal Farm. Animal Farm by George Orwell is a political satire of Communist Russia, the pigs acting as the government and the animals acting as the citizens. The pigs pushed the animals into following them using fear, force, and made-up statistics, and also by telling them that if they didn’t do as they say, Jones or Snowball would return. Also, the sheep were manipulated to constantly bleat â€Å"Four legs good, two legs bad!† (Orwell 29) whenever the other animals were in doubt. Finally, the pigs used the faith†¦show more content†¦The animals had no other way to get information, so they believed every word that came out of Squealer’s mouth. Even when the animals noticed that the truck that took Boxer away had t he words, â€Å"Alfred Simmons: Horse Slaughterer and Glue Boiler, Willingdon† (Orwell 101) on it, Squealer worded his way out of that tricky situation by telling them that the van had previously belonged to a horse slaughterer but now belonged to a vet. Squealer would even tell the animals that if they did not believe and follow what he was telling them, they were traitors. This is one of the reasons why Napoleon’s Show Trials had so many deaths. It was not the animal’s fault for believing Squealer because they had no other source, but in fact Squealer’s, or even all of the pigs fault for not giving them another source to get news from. The phrase, â€Å"Four legs good, two legs bad!† (Orwell 29) is heard many times throughout the novel, and usually is being bleated by the sheep when heard. The expression, once meaning that all animals were good, but humans were not, gradually lost its meaning after it being repeated so many times. Napoleon and t he pigs manipulated the animals by having the sheep repetitively cry out the phrase whenever the animals would doubt the pigs. When Napoleon sicced the dogs upon Snowball, the animals were confused and troubled about what had just happened. But then they began, â€Å"Then the sheep broke out into a tremendous bleating of â€Å"Four legs good, two legs bad!†

Speak Response to Literature Free Essays

â€Å"It is easier not to say anything. Shut your trap, button your lip; can it. All that crap you hear on TV about communication and expressing feelings is a lie. We will write a custom essay sample on Speak Response to Literature or any similar topic only for you Order Now Nobody really wants to hear what you have to say. † (Speak. Pg. 9, Paragraph 4. ) Everyone at some point in their lives have felt that terrifying feeling of dejection, sorrow, anger, frustration and pain. Whether it is an action done by one or an action done by others, there is always the fear of being judged, to which people decide it is best if they don’t talk their problems with others. Melinda used to be a serene, sweet loving girl that loved to play sports and had a good relationship with her parents and friends, but suddenly, as she started her first high school year, she skips days of school, drop her grades and feels completely empty. The tones of fear and relief in Speak, by Laurie Halse Anderson reflect an inner growth presented by the main character when she overcomes the challenging and devastating condition of being sexually abused. The foreshadowing presented several times in the story reinforces the mystery and the intrigue in the reader as it discovers and resolves the conflict and causes of it. In the beginning of the book, Melinda expresses what she has â€Å"been dreading†; she is the â€Å"Outcast† and the only person â€Å"in the entire galaxy [she is] dying to tell what really happened† (Pg. 3, Paragraph 3; Pg. 4, Paragraph 2. ) and whom she trusted all her life, Rachelle, Melinda’s best friend until 8th grade, hates her to death. For this reason the reader can infer that something inconveniently awful occurred since there is a very sudden shift in their friendship that caused not only their total isolation, but also, feelings of anger and resentment. The author does this to emphasize a sense of interest, charm and curiosity as a hook to capture the reader’s attention from the beginning to build up the plot in the story. Equally, later on in the book, there is a shocking event when Melinda gets trapped with Andy Evans in the janitor’s office; she was about to â€Å"wet [her] pants† as Andy lividly â€Å"cracks his knuckles† and â€Å"stares at [her] without talking. (Pg. 193, Paragraph 3. ) As Melinda gets corned face to face with her biggest fear, the reader feels anxious wondering whether he is going to rape her again or is Melinda going to stand up for herself, be courageous and take revenge from that pervert selfish man. The author does this to built suspense in the reader as i t gets to the ending resolution of the book’s plot; this anxiety is built up by giving small clues that indicate certain actions. For this reason the reader is able to get the traumatic feelings of terror and affliction from a likely experience. The symbolism behind the abandoned janitor’s office in Speak, conveys the reader of the powerful conflict of man versus self. In a moment of trouble, Melinda discovers the inactive and decrepit janitor’s office and she describes it as an â€Å"abandoned [place] – [with] no purpose, no name† and finds is it appropriate for her. (Pg. 25, Paragraph 4. ) The closet represents isolation from the rest of the school as well as it provides her with a place of self-reflection and tranquil safety. The author does this to emphasize Melinda’s affliction and her insecurity, hiding from people and not expressing her feelings to others. Consequently, the Secret Annex was a place for protection and avoiding any type of harm during the World War II in which Anne Frank and her family lived for a very long time. Furthermore, in the end of the story, Melinda is packing her stuff from the closet when suddenly, â€Å"some body slams into [her] chest and nocks [her] back into† it (Pg. 193, Paragraph 3. ); she trapped with Andy Evans, the beast that hurt her once and came to do it once more. As they were fighting, Melinda breaks the mirror hanging form the wall and â€Å"wrap [her] fingers around a triangle of glass†; she holds it into Andy Evans neck â€Å"hard enough to raise one drop of blood†. Immediately, â€Å"his lips are paralyzed† and â€Å" cannot speak†. Melinda added, â€Å"I said no† (Pg. 195, Paragraph 2. ). The closet reflects the place of self-transformation as she becomes courageous and gains control of the situation to fight for herself. The author does this to demonstrate the rewarding satisfaction of fighting over the problems and the huge change that involved courage and maturity. Melinda is able to defeat her biggest fear by growing up, having confidence in herself just like an invincible hero. The first person point of view gives the reader a personal-hand experience of the struggle the protagonist experience as she overcomes her condition. After confronting the truth about what happened that night in a TV show, she feels extremely sick, devastated and confesses, â€Å"My head is killing me, my throat is killing me, my stomach bubbles with toxic waste. (†¦) A coma would be nice. †¦) Anything just to get rid of this, these thoughts, whispers in my mind. Did he rape my head too? † (Pg. 165, Paragraph 2. ) When the character starts reflecting about what happened, she feels fearful and uncertain. The author does this to help the reader understand a personal experience by getting inside her head, which is the only place where Melinda expresses without restrictions or concerns of being judged by her parents, friends and society. In the last pages of the story, Melinda makes a self-reflection in which she says, â€Å"IT happened. There is no avoiding it, no forgetting. No running away, or flying, or burying, or hiding. (†¦) It wasn’t my fault. He hurt me. It wasn’t my fault. And I’m not going to let it kill me. I can grow. † (Pg. 198, Paragraph 1. ) As Melinda cogitates on the events that occurred that night, she has a drastic transformation from her mature beliefs compared to her callow, insecure ones. The author uses this point of view to emphasize the emotional and personal growth of the protagonist by becoming courageous and confronting her fear. This perspective is intended so the reader can feel empathy and understanding as it becomes aware of the main character’s personal opinions. Melinda’s challenge reinforces life’s most challenging task, growing up. Being in such a traumatic age of 14 to 16, it is very hard to deal with these types of situations that are ordinary in our society but are often excluded from conversations; however Melinda’s actions should endure as being a raw model to other people that have experienced the same abuse. Society should protect and look after everyone involved in any abuse, instead, of being so close-minded and judgmental. Furthermore, in order for these abuses to stop, people should gain courage to defend themselves by denouncing their acts; the society around them should not let these misdoings be forgotten with neglect. Bibliography Halse Anderson, Laurie. Speak. New York: Penguin Group, 2009. Print. How to cite Speak Response to Literature, Essay examples

Business Law Goods and Services

Question: Discuss about the Business Law for Goods and Services. Answer: Introduction: Procurement of goods and services through tender process is common among the private organizations and government agencies that involve compliance of legal regulations under Australian Common Law. Tender processing refers to the process of invitation before entering to a contract for the purpose of satisfying the participation conditions in terms of request documentations and tenders. Further, the contractual rights between the supplier and buyers cannot be established unless the respective tender is accepted which requires to be processed as per law and court orders (Karl 2015). In the given situation, Millennia University called for tenders for the supply of green seed stating the closing date June 01. Accordingly, three suppliers submitted the tenders that involve Greenland, Enviro and Plant Forever as per the relevant dates. Greenland submitted the tender as hand delivery on 29 May that was deposited into the tender box whereas Enviro submitted the tender on 15 May, which was received by the University on 17 May and filed by the administrative instead of submitting in the tender box. Additionally, Plant Forever submitted the tender on 30 May that was received by the University on 2 June and deposited into the tender box. Out of three tenders, only two tenders considered by the administrative officials while the tender of Enviro was not considered even though it was lowest because the concerned administrative forgot its filing source. Further, University confirmed the tender of Plant Forever even though it was submitted after the closing date, confirmation of which was not received by the organization as it was destroyed by a postal worker. Considering the legal regulations under Australian Common Law, contractual right between the traders can be formed after the confirmation and acceptance of tender. It can be said that the process of tender precedes the contractual relationship purpose of which is to provide invitation. As per the decision in the case of Pratt Contractors Ltd v Palmerston North City Council (4) tender process is generated to request for bids by the suppliers that is considered as invitation and cannot raise any contractual obligations. Moreover, the processing of tender should be undertaken as per the terms and conditions with respect to the submission date, closing date, bidding limits or accompany of documents (Distinto, dAquin and Motta 2016). It is essential to submit the tender invitations as on the closing date as well as stating the biding price in fair and transparent manner while the purchaser is expected to be a public body. Accordingly, in the given situation it has been observed that Greenland supplier complied the requirements of terms and conditions for submission of tender process. On the contrary, Plant Forever submitted its tender after the closing date, which cannot be validate as per the regulations of Australian Common Law. In case of Enviro supplier, tender was submitted before the opening date and hence was lost in filing due to the administration negligence. According to the decided case of Hughes Aircraft Systems International v Air services Australia (1997) it has been stated that the tender process cannot be established since it breached the requirements of submission. Similarly, tender of Enviro cannot be considered since the actual tender process has been lost by the administration due to its submission before the opening date. Further, the tender process submitted by Plant Forever cannot be considered since it was deposited after the closing date and as per Australian Common Law, submi ssion of tender after closing date cannot form legal existence (Woerner and Wixom 2015). Therefore, tender submitted by Greenland can only be established as per the legal requirements under common law since it complied all the requirements. Even though the tender of Enviro contained lowest bidding and attractive features it cannot be accepted by the University since it was not deposited in the tender box. Besides, contractual position for the University with respect to the three tenders is not legally binding since it has not been accepted however, successful tender of Plant Forever could not be reached to the supplier due to disgruntled worker. Hence, the acceptance of tender by the Plant Forever could not be established and the contractual position on the University cannot be formed as per Australian Common Law. According to the provisions of Australian Common Law, acceptance and delivery of correspondence should be done during the proceedings of administrative stating the required details. It has been mentioned under section 37(4) and (5) of Administrative Procedure Code, the correspondence should be submitted by affixing the legal stamp and placing the intimation of its delivery to the concerned person. However, in case the correspondence is submitted through legal person and the data box of the entity does not require a signature to validate the correspondence document (Martinsuo and Sariola 2015). In the given case study, Footloose Pty placed the notice in the Daily newspaper on October 1 with respect to the subject Special Shoes Special Discounts. It stated the product details along with the description, design and price of the products including the inquiry details of sales manager, Simone. On October 2, one of the footwear designers Famous Footwear delivered a correspondence to accept the offer of the organization for 500 pairs at $2000 per hundred while the delivery details intimated to be sent later. Further, a shoe retailer, James submitted the correspondence to the organization to accept the offer for 2000 pairs of footwear at the best price $30,000 including the charges of GST and delivery. In view of the response for the offer, sales manager of Footloose replied to the shoe retailer, James on October 6 for accepting the order of 2000 pairs at $30,000 but excluding the delivery charges along with the form of payment through cash or cheque mode. Accordingly, the concern ed retailer responded to the sales manager on October 8 to arrange a meeting in order to confirm the deal while Simone, the sales manager confirmed the order and delivery date of footwear on 10 October. Considering the principles and regulations of Australian Common Law, it can be said that the validity of the contract between the supplier and buyer occurs only on the acceptance of the offer with the written consent. Further, it is essential to incorporate all the necessary details with respect to product details, order quantity and price along with the date of delivery (Cortina, Khler and Nielsen 2015). In order to legally enforce a contract between the parties it is important to form the contract as the capacity to enter the contract as well as with the intention to form legal relations among the suppliers and buyers. Similarly, submission of correspondence requires compliance of certain regulations to establish the authenticity of the documents and offers made through the correspondence. For instance, in case of public limited company, a correspondence affixing of signature by two directors is mandatory while in case of private companies it is not relevant if the same is deposite d in the data box. In the decided case of Daniels Corp v ACCC it had been contended that the substantive law should be placed for the production of documents to sustain appropriate communications to confirm the trade offers. Accordingly, it is important to provide acceptance to validate the correspondence that can be delivered either through postal service or through electronic modes along with the confirmation on it acceptance. It had been stated that the validity on the confirmation of correspondence could be made through public announcement provided the matter of the correspondence is not confidential (Tan and Chintakananda 2016). Therefore, in case of correspondence presented by the buyers for the products of Footloose Ltd should be as per the organizational requirement including the date of delivery and date of response. With respect to the correspondence provided by the Famous Footwear on October 2, the organization responded against the notice of Footloose Pty to accept the offer. The correspondence stated the product details, quantity and respective price structure while the delivery details stated to be sent later. Since there is no information on the date of delivery of products until 10 Octobe r, it cannot be said that the offer has been accepted. In order to consider the legal effect of the correspondence it is important to provide all the relevant details of products in response to the acceptance of the suppliers offer (Gerasymenko, De Clercq and Sapienza 2015). Therefore, in case of Famous Footwear, the correspondence had no legal effect since the date and other detail of product delivery was not mentioned. On the contrary, correspondence occurred between Footloose and James, the shoe retailer considered to have a legal effect since the document presented all the relevant information and details along with the confirmation on delivery date of the products. Employment in the organizations is regulated by the employment contract as provided under the Australian Common Law, which states the relationship between the employer and employee along with other employment terms and conditions. It states the service conditions with respect to the period of employment, remuneration package including perquisites and leaves, requirement on reasonable notice period along with the policy on change of workplace as per the management requirements. The contract also involves the clause on modification on terms of employment contract if the same is required to do so with respect to the service length, professional standing, job mobility, seniority level or job termination (John, Knyazeva and Knyazeva 2015). In the given case study, employment contract was established between Richard Anderson and Cube Laboratory Pty Ltd. who was one of the talented chemists in the organization. It has been stated that under the employment and guidance of Richard, the company received several grants and government contracts and experienced success in conducting business activities. It had been mentioned that Richard was under five- year contract, which was expiring on June 30 while he received information on another chemist job with the rival lab. As per the requirement of the proposed job, Richard would need to relocate to a new place along with the family while the old job was convenient but the period of employment was about to expire. However, on discussion for continuation and modification of contract between Cube and Richard it was assumed that the period of employment would be extended by the company and therefore, Richard dropped the job offer from rival lab. Besides, on 25 June Cube company refus ed to modify the employment contract due to liquidity issues resulting in consideration of labor and employees turnover from the company. In view of the principles and regulations of Australian Common Law, the contract on employment should be in written form specifying the necessary details and clauses on employment terms. In case of modification of employment tenure with the organization, there must be modification clause in the contract while the modification should be mentioned in writing (Brown and Dolan 2016). In case of Richards employment, extension of employment tenure was not mentioned orally nor it was mentioned in writing by Cube Ltd. Response of Warren to Richard was merely on his achievement and talent which was assumed to be the extension of employment contract for another five years. Moreover, in case the previous contract contains the clause on extension of service or employment period then that can be considered by Richard to claim for the losses as per the decided case of Lau v Bob Jane T- Marts Pty Ltd (2004). Whereas loss on certain amount of salary from undertaking new job can be considered as an o pportunity cost for which the organization cannot be held liable unless it is specifically mentioned in the contract (Acharya, Baghai and Subramanian 2014). Accordingly, it can be concluded that Richard has no legal rights to claim the damages against Cube because there was no written consent. The employment contract is required to contain the clause on eligibility of claim against the loss on remuneration or other payments due to termination of employment term. Hence, if the old contract contains any particular clause on reimbursement of loss due to employment termination then Richard can avail the claim on loss. Reference List and Bibliography Acharya, V.V., Baghai, R.P. and Subramanian, K.V., 2014. Wrongful discharge laws and innovation.Review of Financial Studies,27(1), pp.301-346. Brown, L.A. and Dolan, C., 2016. Employment Contracting Basics for the Nurse Practitioner.The Journal for Nurse Practitioners,12(2), pp.e45-e51. Cortina, J.M., Khler, T. and Nielsen, B.B., 2015. Restriction of variance interaction effects and their importance for international business research.Journal of International Business Studies,46(8), pp.879-885. Distinto, I., dAquin, M. and Motta, E., 2016. LOTED2: An ontology of European public procurement notices.Semantic Web,7(3), pp.267-293. Garrity, E., 2016. A New Chapter in Antitrust Law: The Second Circuit's Decision in United States v. Apple Determines Hub-and-Spoke Conspiracy Per Se Illegal.Boston College Law Review,57(6), p.84. Gerasymenko, V., De Clercq, D. and Sapienza, H.J., 2015. Changing the business model: Effects of venture capital firms and outside CEOs on portfolio company performance.Strategic Entrepreneurship Journal,9(1), pp.79-98. Griffith, D.A. and Zhao, Y., 2015. Contract Specificity, Contract Violation, and Relationship Performance in International Buyer-Supplier Relationships.Journal of International Marketing,23(3), pp.22-40. Issa, M.R., 2015. Damages and Compensation in Case of Breach of Contract.International Journal of Social Science Research,3(1), pp.190-201. John, K., Knyazeva, A. and Knyazeva, D., 2015. Employee rights and acquisitions.Journal of Financial Economics,118(1), pp.49-69. Karl, C., 2015. Construction Giant-A Multi-Purpose Business Game for Education and Training in the Construction Industry.Developments in Business Simulation and Experiential Learning,42. Martinsuo, M. and Sariola, R., 2015. Developing a suppliers third-party relationships and cooperation in project networks.International Journal of Managing Projects in Business,8(1), pp.74-91. Sternlight, J.R., 2015. Disarming Employees: How American Employers are Using Mandatory Arbitration to Deprive Workers of Legal Protection.Brooklyn Law Review,80. Tan, B.R. and Chintakananda, A., 2016. The effects of home country political and legal institutions on firms' geographic diversification performance.Global Strategy Journal,6(2), pp.105-123. Taussig, M. and Delios, A., 2015. Unbundling the effects of institutions on firm resources: The contingent value of being local in emerging economy private equity.Strategic Management Journal,36(12), pp.1845-1865. Woerner, S. and Wixom, B.H., 2015. Big data: extending the business strategy toolbox.Journal of Information Technology,30(1), pp.60-62. Wright, J.D., 2015. The Supreme Court Should Grant Certiorari in FTC v. McWane.McWane (December 21, 2015).

Friday, May 1, 2020

Juvenile Crime Analysis Essay Example For Students

Juvenile Crime Analysis Essay One of the biggest problems which the United States is faced with isjuvenile crime. The reason experts feel juveniles commit crimes is because ofrisk factors when they were younger but experts still have not found the mainreason why juveniles commit crimes. Some risk factors associated with juvenilecrime are poverty, repeated exposure to violence, drugs, easy access to firearms,unstable family life and family violence, delinquent peer groups, and mediaviolence. Especially the demise of family life, the effect of the media on thejuveniles today, and the increase of firearms available today have played a bigrole in the increase of juveniles crimes. The most common risk factor is the demise of the family life and theincrease in family violence. Between 1976 and 1992 the number of juvenilesliving in poverty grew 42% and this caused an increase in crimes by juveniles. Many of these juvenile criminals have been abused or neglected and they alsogrew up in a single-parent household. Research has found that 53% of thesechildren are more likely to be arrested, and 38% more likely to commit a violentcrime as an adult, then their counterparts who did not suffer such abuse. Thesymptoms of child abuse are high levels of aggression and antisocial behaviorand these children are twice as likely to become juvenile offenders. Alsoimproper parental care has been linked to delinquency such as mothers who drinkalcohol or take drugs during pregnancy cause their babies to grow up withlearning disorders, a problem which leads them to be juvenile criminals. Another risk factor is the effect of the media on the juveniles of today. Before the time a child has reached seventh grade, the average child haswitnessed 8,000 murders and 100,000 acts of violence on the television. Thereis no doubt that heavy exposure to televised violence is one of the causes ofaggressive behavior, crime and violence in society. Television violence affectsyoungsters of all ages, of both genders, at all economic levels, and all levelsof intelligence. Long-term childhood exposure to television is a casual factorbehind one half of the homicides committed by juveniles in the United States. The increased availability of guns has played a big part in escalatingthe number of crimes committed by juveniles. In Los Angeles juveniledelinquency cases involving weapon violation grew by 86% from 1988 to 1992,which was more then any other type of juvenile offense. According to aUniversity of Michigan study found that 270,000 guns accompany secondary schoolstudents to class daily. This is startling because it shows how many morejuveniles are carrying guns and the juvenile use of guns in homicides hasincreased from 65 to 80 percent from 1987 to 1991. The possession of firearms plays a big cause in the delinquency ofchildren and is playing a bigger role in the crimes which juveniles commit. Another cause of the increase of juvenile crimes has been the effect of childrenseeing multiple murders and other acts of violence on the television. Finallythe demise of the family life and the increase in family violence has been thebiggest factor in the increase of juvenile crime. Category: Law