Byrne and Frew vs. Australian Airlines - Free Essay Example

Sample details Pages: 6 Words: 1937 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Compare and contrast essay Did you like this example? CONTRACT LAW 1 Name: Professor: Course Code: Date of Submission: Paper Outline: Introductionà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦.3 What is contract law? Macaulay and Macneil on contracts Relational contract theory Purpose of the paper Case law of Byrne and Frewà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦.à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦3 Concept of implied Terms and Relational Contractsà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦4 Relational Contracts and Byrneà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..6 Conclusionà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢ ‚ ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..8 Don’t waste time! Our writers will create an original "Byrne and Frew vs. Australian Airlines" essay for you Create order Summary of the points identified. Referencesà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..9 Introduction: Contracts refer to agreements creating obligations that are enforceable by law. The basic elements that constitute a contract are consideration, mutual assent, legality, and capacity (Barker, 2000). Macaulay and Macneil identify another perspective of contracts, by introducing relational contract theory (Macneil and Evanston, 2013). A relational contract is a type of contract that is built upon the relationship of trust between parties concerned. Under this theory, parties involved in a commercial contract are engaged in creating a long term relationship, affecting the manner in which they w ill associate with one another. This paper examines whether relational contract gives an adequate explanation on the reasons as to why the High Court did not imply terms when analyzing the case of Byrne and Frew against Australian airlines. This paper takes a stand that relational contract does not give an adequate explanation on why the court refused to imply the terms identified. The Case of Byrne and Frew: In the case of Bryne and Frew vs. Australian Airlines, the main issue that the court was to determine on the relationship between an individual employment contract, and an award from the industrial court. The two appellants were employed by the Australian airline company. They were dismissed on assertions that they interfered with luggages of the airline customers. This is after they were captured by the secret cameras, interfering with luggages. They sued the airline company for purposes of recovering damages, because of a statutory provision of clause 11 (a) which provi ded that the termination of an employment contract should not be unjust, unreasonable, or harsh (Gooley, Radan and Vickovich, 2007). Their main argument was that clause 11 (a) is an implied term in an employment contract, and on this basis, the company breached these terms by dismissing them through a harsh and unjust manner. In coming up with a judgment, the court denoted that terms can either be implied by law, or by fact. The court gave an opinion that the test of an implied term in a formal contract is established by the case of BP refinery vs. Hastings Shire Council (Ellinghaus, 2007). Terms that are implied by fact must pass the test of equitable and reasonableness, have a clear expression, obvious, consistent, and must pass the test of business efficacy. These terms did not pass the obvious test, and hence they cannot be implied. Implied Terms and Relational Contracts: An implied term refers to the legal provisions that are not directly identified by a spoken word, b ut introduced in a contract through courts as a necessary method to give meaning to the intentions of a contracting party. It is possible to imply a term in a contract through law. This is depicted in the 1977 case of the city council of Liverpool vs. Irwin (Ellinghaus, 2007). Under this case, the tenants lived in a fifteen storey tower, whose lifts did not work, and stairs in a bad condition. Tenants refused to pay, citing that the council had a duty to keep the common parts of the building in a decent manner. The court was to rule on whether maintaining the common parts of a building was the responsibility of the landlord or not (Barker, 2000). Lord Wilberforce was very categorical by denoting that it was necessary for tenants to live in a house maintained by the landlord (Willmott and Butler, 2013). The court gave a ruling that an implied word under this scenario must pass the test of necessity (Willmott and Butler, 2013). The words, à ¢Ã¢â€š ¬Ã…“taking reasonable careà ¢Ã ¢â€š ¬Ã‚  passes this test. The question to ask; what is reasonable care under this circumstance? The court ruled that à ¢Ã¢â€š ¬Ã…“reasonable careà ¢Ã¢â€š ¬Ã‚  is dependent on what tenants should do for themselves (Willmott and Butler, 2013). It was the duty of tenants to take care of the landlordà ¢Ã¢â€š ¬Ã¢â€ž ¢s property, and hence these terms could be implied. It is also possible to imply contract by facts. Justice Mason, in giving a ruling in Codelfa construction vs. State Rail Authority, denotes that it is appropriate to imply a term, if it is obvious. In determining an obvious situation, the court will use the bystander test. This is a test in which the court might try to find the opinion of a neutral person. Codelfa was contracted by the railway authority, and he was allowed to work around the clock (Gooley, Radan and Vickovich, 2007). However, an injunction prevented him from working on Sundays, and during the night. The court refused to recognize the terms à ¢Ã ¢â€š ¬Ã…“authority would indemnify any additional costs, if their working hours was affectedà ¢Ã¢â€š ¬Ã‚  because they were not obvious (Gooley, Radan and Vickovich, 2007). It is also possible to imply a contract by customs. This is contained in a decision arrived by the court in Con-Stan industries vs. Norwich Winterthur Insurance. The judges denoted à ¢Ã¢â€š ¬Ã…“that it is possible to imply a term based on the custom, provided that there is considerable evidence that the custom under consideration is well established in that industry, and a contract in that situation can be assumed to have borrowed the term, and incorporated it in the contractà ¢Ã¢â€š ¬Ã‚  (Gooley, Radan and Vickovich, 2007). Though this ruling, the judges agreed that an established custom in a particular industry can be implied in a contract that governs relations in the industry under consideration. Under this case, Con-Stan hired an insurance broker, Norwich, who was approved by the insurance compan y. Norwich went into liquidation and Con-Stan sued for unpaid premium, denoting that it was the customs of the insurance industry, for people to pay premiums to brokers. The court ruled that the custom identified is not recognized within the industry. Relational contract views a contract as a relation, rather than a transaction (Gooley, Radan and Vickovich, 2007). The basic characteristic of a relational contract is that there must be mutual trust, respect, and good faith amongst the parties engaged in the contract. It is impossible to conduct a relational contract without the use of implied terms. Bryne and Frew and Relational Contracts: There are a variety of reasons given as to why the High Court refused to imply the terms harsh, unjust and unfair in the case of case of Byrne and Frew against Australian airlines. One of the decisions given by the High Court is that the words unjust, unfair and harsh treatment was not implied in circumstances of the case under considerati on. This is after Justice Hill, of the Federal Court found out that Australian airlines did carry out a proper investigation on the conduct of the accused, and it specified the type of misconduct they were accused for. Further on, Justice Hill was able to denote that Australian airline proved that it gave the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s time to defend themselves against the allegations (Gooley, Radan and Vickovich, 2007). In the Australian legal system, there are very few laws that explain the concept of a fair procedure under employment contracts. In Bryne and Frew, the appellants appealed against the lower courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision that Australian airlines followed the correct procedure, and was fair in dismissing the appellants. Carter (2006) identifies the following facts that the courts normally consider when identifying a correct procedure, Notifying the employee on the accusations against him or her. Giving them an opportunity to defend themselves. Carrying out proper investigations. Solving the case in the same manner that previous similar cases have been solved. It is these procedures that Bryne and Frew argued that the company breached. However, in defending themselves, Australian airlines argued that in circumstances where the court finds out that the company breached the procedures of employment, then the court should consider that the words harsh, fair and unjust are not implied words, and hence they are not part of the employment contract. The court agreed on this assertion by Australian airlines, and refused to imply those terms in the contract. By refusing to imply these words, and relying more on express words, and statutes, the court did not use the principles of relational contract theory in coming up with their decisions (Paterson and Duke, 2012). It is important to denote that an employment contract is an example of a relational contract, and this is because it does not create rigid conditions and terms when it is being initiated. However, it creates an evolving relationship, whereby parties agree to cooperate with each othe r, for their mutual benefits (Gooley, Radan and Vickovich, 2007). On this basis, an important characteristic of a relational contract is that parties agree to cooperate with each other, based on the principles of good faith. By refusing to imply those words in an employment contract, the court affected this principle of good faith. This ruling limited the kind of damages that employees could get. This had an effect of limiting the applications of the ruling contained in Gregory vs. Philips (Butler, Duke and Wilmott, 2013). According to the principles of good faith in the employment law, employees expect an employer to treat them fairly, and in a just manner. These are implied expectations, and they are not expressed. By refusing to imply these words, the courts played a role in destroying this principle of good faith, a major characteristic of relational contracts. A relational contract is also based on mutual trust and confidence. This is a major principle that guides an employm ent contract, and if it is breached, this trust and confidence amongst the parties to the contract would be destroyed. By recognizing that Australian airline breached the procedures of dismissing employees, and then refusing to imply the words harsh, unjust and unfair, in an employment contract, did not help in creating a sense of mutual trust and confidence to the employer (Gooley, Radan and Vickovich, 2007). This had an effect of portraying the company, as one which does not carter for the need of its employees. Conclusion: In conclusion, the court refused to honor the implied term, basically relying on the law, and express facts. In refusing to honor this term, the court was of the opinion that the word, harsh, unfair, and unjust did not satisfy the test that allows terms to be implied by law. For a term to be able to be implied by law, it has to satisfy two major conditions; applicable to a defined and specific category of contracts, and suitable in a manner that it would be applied in all similar contracts. The test of necessity had to be used under this scenario. The case did not pass this test, and hence, these words could not be implied. Furthermore, the terms identified did not pass the bystander test. The term harsh, unjust and unfair are not very obvious, or necessary for the contract under consideration to operate. On this basis, it could not be implied. References: Barker, D. (2000). Essential Australian Law. London: Routledge Cavendish Australia. Butler, C., Duke, S., Wilmott, C. (2013). Contract Law: Case Book,. Oxford: Oxford University Press. Carter, J. W. (2006). Carters guide to Australian contract law. Chatswood, NSW: LexisNexis. Ellinghaus, M. P. (2007). Australian cases on contract (2007 ed.). Melbourne, Vic.?: Code Press. Gooley, J., Radan, P., Vickovich, I. (2007). Principles of Australian contract law: cases and materials. Chatswood, NSW: LexisNexis Butterworths. Macneil, I. R., Evanston, I. (201 3). Relational contract theory: unanswered questions : a symposium in honor of Ian R. MacNeil.. Oxford: Oxford University Press. Paterson, J., Duke, A. (2012). Principles of Contract Law,. Sidney: Thomson Reuters,. Willmott, C., Butler,, D. (2013). Contract Law, (4 ed.). Oxford: Oxford University Press. References:

Chapter Summaries Of The Giver - 989 Words

Chapter 11- The Giver places his hands on Jonas and gives him his first real memory. A the beginning, Jonas is scared he will fall asleep. He was suddenly cold, and the air was changing. His breath was cold, his tongue suddenly touched the cold air. He was now filled with energy he was no longer frightened. The hands are no longer felt on Jonas’s back. Jonas sticks out his tongue and catches a snowflake on his tongue. The sensation makes him smile. Half his brain knows that he was still in the Annex Room, but the other half was now in a new world, sitting atop of a flat hard surface- a sled. His hands now felt a rough damp rope he could see. He knew his eyes were actually closed, but cold air swirled around him feeling like cold fur. He could see his breath, he now perceived the word snow. He was high up, but he sat on the hard flat object. Then he perceived the word sled. He now perceives the word hill. 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Universal Health Care - 1668 Words

Benefit of universal healthcare to the society. It will be difficult to imagine life without health care. Health care today has become a serious issues, and concern because the vast medical costs. The private insurances company denying treatment bills and these have become the concern of the government of United State. The Government has been trying to reform the health care by introducing a universal health care system. A system whereby a basic health needs, can be given to people without denying and pay the cost. But their some groups that think the system is not the right for choice for the Americans. The new health care law builds on what works in our health care system. And it fixes what’s broken by making improvements in several†¦show more content†¦This system minimizes the cost of spending. In todays healthcare, little money is been put in for preventive, with this system this system of the government(Jefferson and other 805).For example, it gives free prev entive services. . 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Essay on Articles of Confederation and Articles of...

Perhaps the greatest service rendered by the Articles of Confederation was the impetus its shortcomings gave to those who favored a strong central government. After the Declaration of Independence, there was a sense among Congressman that they wanted a written document creating a government justifying the existence of the United States. The delegates of the Second Continental Congress were attempting to codify arrangements that had never before put into legal terminology. As a result, in late 1777, the Articles of Confederation, creating a loose league of friendship between the thirteen sovereign or independent colonies, were passed by the Congress and presented to the states for ratification. The Articles created a type of†¦show more content†¦Congress functioned as a legislative body to pass laws and executive body to enforce them if needed. Americans had great loyalties to their states and often did not even think of themselves as Americans. This lack of national identi ty or loyalty in the absence of a war to unite the citizenry fostered a reluctance to give any power to the national government. Congress had no specific power to tax. Articles of Confederation did not allow Congress to regulate commerce among the states or with foreign nations. The Articles of Confederation had no provision for judicial system to handle the growing number of economic conflicts and boundary disputes among the individual states. The failure of the Congress to muster an army to put down the Shayss Rebellion provided a dramatic example of the weakness inherent in the Articles of Confederation and shocked the nations leaders into recognizing the new national governments inadequacies. And, it finally prompted several state delegates to meet in Annapolis, Maryland in 1786 to call for a convention in Philadelphia in may of 1787 for the sole and express purpose of revising the Articles of Confederation. On the first day of convention , Edmund Randolph and James Madison of Virginia proposed the Virginia Plan. Many delegates, including William Patterson of New Jersey, considered these resolutions to be in violation of the conventions charter, and proposed the NewShow MoreRelatedThe Articles of Confederation and The Constitution1238 Words   |  5 Pagesgovernment has been defined by two very important documents. Reflecting on all governments of the past, they laid forth an impressive jumble of ideas that would lead the way to where we are today. These two documents are the Article of Confederation and the U.S Constitution. These two documents of precedent are both similar and unique, each with its own pros and cons, and neither being perfect. Both these documents addressed the prominent vital in national vs. state sovereignty, legislative selectionRead MoreThe Constitution And The Articles Of Confederation1373 Words   |  6 Pageswould enforce them? I will address some of the differences between the Constitution and The Articles of Confederation. The Articles of Confederation were designed and formed from the thirteen states that created a Confederation known as the â€Å"league of friendship†; their goal was to find solutions for problems; and one of the first attempts to create a system. The Articles of Confederation was our nation’s first constitution; during the last years of the Revolutionary war, the government had beenRead MoreThe Articles Of Confederation And The Constitution921 Words   |  4 PagesConstitution and Articles Analysis The Articles of Confederation and The Constitution were both written I believe to ensue peace in a new nation where great freedoms had just been betrothed upon. Both written within ten years of each other, the main point it was trying to get across was the idea of one nation. They were written by the same people who all in all had similar ideas. There are many differences as well. From the main one being sovereign states, to how many states must approve an amendmentRead MoreThe Articles Of Confederation And The Constitution891 Words   |  4 Pages Throughout American history, many Americans assume that too much power is given to one party or the other. The Article of confederation was important in the United States because it affected the way over government functions today. Specifically, under the Article of confederation, the United States was intended to be formed on a basis of Federalism. Within this structure of Federalism, states have their own rights and majority of power with its people. The federal government on the other hand,Read MoreThe Articles Of Confederation And The Constitution1130 Words   |  5 Pages After America won its independence from Great Britain in 1783, the Articles of Confederation were created to serve as the basis of American democracy. Years subsequent to the creation of the Articles of Confederation, delegates from all states, with the exception of Rhode Island, assembled in Philadelphia, Pennsylvania to mend the weaknesses the Articles displayed throughout its practice. This meeting on Septe mber 17, 1787, resulted in the newly drafted terms for which the United States democracyRead MoreThe Articles Of Confederation And The Constitution2035 Words   |  9 Pagesmove forward and unite the thirteen states as a nation. It was then when Continental Congress met up in Pennsylvania and created a secured a document known as the Articles of Confederation. The Articles of Confederation was written on November 15, 1777, and ratified by all thirteen states on March 1, 1781. When the Articles of Confederation were written it had many goals in mind to set and preserve the country with all its freedoms, keeping America an independent nation. Since the states were comingRead MoreThe Articles Of Confederation And The Constitution1115 Words   |  5 PagesThe Articles of Confederation were the earliest constitution of the United States. After the United States became fully independent from Great Britain, following the Revolutionary War, the document was created to outline the functions and management of new nation. However, the document established a very weak central government, instead giving the power to the states. To correct the mistake, a new version of such a document was created: the Constitution, which is still in effect today. (Articles ofRead MoreThe Articles Of Confederation And The Constitution899 Words   |  4 PagesThe Constitution remains as relevant today as it did over two hundred years ago. Americans have lived their lives through the law of the Constitution of the United Staes of America for several years. The Constitution has kept our nation together and has kept us strong. â€Å"The Constitution defines the United States of America. This greatest of American documents not only establishes our system of government; it limits the power of that government, specifying our irrevocable rights and privileges asRead MoreThe Constitution And The Articles Of Confederation953 Words   |  4 PagesThe first video â€Å"The Constitution Project† – creating a constitution of the founding fathers creating and signing the constitution. This is a large piece of history which because of them, the constitution and the articles of confederation are what make makes Amer ica what it is today, unified. The major learning theme of this video is to understanding what and how these states came together, taxation, laws, and the people behind it. George Washington, Thomas Jefferson, and James Madison to name aRead MoreThe Articles Of Confederation And The Constitution1461 Words   |  6 PagesJesse Ghuman Jason Stratton US History B17 11/15/2015 The Articles of Confederation The first approved document of the United States was the Articles of Confederation. However, after a few years, the Bill of Rights replaced the Articles of Confederation and the Constitution. The Articles began the Constitution but the articles had contained a lot of weaknesses so they had to create a new document. Few of the Article of Confederation goals were to bring the states together and establish a strong

DRINKING Essay Example For Students

DRINKING Essay Despite a minimum legal drinking age of 21, many young people in the United States consume alcohol. Some abuse alcohol by drinking frequently or by binge drinkingoften defined as having five or more drinks* in a row. A minority of youth may meet the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV) criteria for alcohol dependence (1,2). The progression of drinking from use to abuse to dependence is associated with biological and psychosocial factors. This Alcohol Alert examines some of these factors that put youth at risk for drinking and for alcohol-related problems and considers some of the consequences of their drinking. For many people, the facts about alcoholism are not clear. What is alcoholism, exactly? How does it differ from alcohol abuse? When should a person seek help for a problem related to his or her drinking? The National Institute on Alcohol Abuse and Alcoholism (NIAAA) has prepared this booklet to help individuals and families answer thes e and other common questions about alcohol problems. The information below will explain alcoholism and alcohol abuse, symptoms of each, when and where to seek help, treatment choices, and additional helpful resources. For most people, alcohol is a pleasant accompaniment to social activities. Moderate alcohol useup to two drinks per day for men and one drink per day for women and older people (A standard drink is one 12-ounce bottle of beer or wine cooler, one 5-ounce glass of wine, or 1.5 ounces of 80-proof distilled spirits) is not harmful for most adults. Nonetheless, a substantial number of people have serious trouble with their drinking. Currently, nearly 14 million Americans1 in every 13 adultsabuse alcohol or are alcoholic. Several million more adults engage in risky drinking patterns that could lead to alcohol problems. In addition, approximately 53 percent of men and women in the United States report that one or more of their close relatives have a drinking problem. The consequences of alcohol misuse are seriousin many cases, life-threatening. Heavy drinking can increase the risk for certain cancers, especially those of the liver, esophagus, throat, and larynx (voice box). It can also cau se liver cirrhosis, immune system problems, brain damage, and harm to the fetus during pregnancy. In addition, drinking increases the risk of death from automobile crashes, recreational accidents, and on-the-job accidents and also increases the likelihood of homicide and suicide. In purely economic terms, alcohol-use problems cost society approximately $100 billion per year. In human terms, the costs are incalculable. Alcoholism, which is also known as alcohol dependence syndrome, is a disease that is characterized by the following elements: ? Craving: A strong need, or compulsion, to drink. ? Loss of control: The frequent inability to stop drinking once a person has begun. ? Physical dependence: The occurrence of withdrawal symptoms, such as nausea, sweating, shakiness, and anxiety, when alcohol use is stopped after a period of heavy drinking. These symptoms are usually relieved by drinking alcohol or by taking another sedative drug. ? Tolerance: The need for increasing amounts of alcohol in order to get high. Alcoholism has little to do with what kind of alcohol one drinks, how long one has been drinking, or even exactly how much alcohol one consumes. But it has a great deal to do with a persons uncontrollable need for alcohol. This description of alcoholism helps us understand why most alcoholics cant just use a little willpower to stop drinking. He or she is frequently in the grip of a powerfu l craving for alcohol, a need that can feel as strong as the need for food or water. While some people are able to recover without help, the majority of alcoholic individuals need outside assistance to recover from their disease. With support and treatment, many individuals are able to stop drinking and rebuild their lives. Many people wonder: Why can some individuals use alcohol without problems, while others are utterly unable to control their drinking? Recent research supported by NIAAA has demonstrated that for many people, a vulnerability to alcoholism is inherited. Yet it is important to recognize that aspects of a persons environment, such as peer influences and the availability of alcohol, also are significant influences. Both inherited and environmental influences are called risk factors. But risk is not destiny. Just because alcoholism tends to run in families doesnt mean that a child of an alcoholic parent will automatically develop alcoholism. .u7125f8bbc632171c018b665d65613540 , .u7125f8bbc632171c018b665d65613540 .postImageUrl , .u7125f8bbc632171c018b665d65613540 .centered-text-area { min-height: 80px; position: relative; } .u7125f8bbc632171c018b665d65613540 , .u7125f8bbc632171c018b665d65613540:hover , .u7125f8bbc632171c018b665d65613540:visited , .u7125f8bbc632171c018b665d65613540:active { border:0!important; } .u7125f8bbc632171c018b665d65613540 .clearfix:after { content: ""; display: table; clear: both; } .u7125f8bbc632171c018b665d65613540 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u7125f8bbc632171c018b665d65613540:active , .u7125f8bbc632171c018b665d65613540:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u7125f8bbc632171c018b665d65613540 .centered-text-area { width: 100%; position: relative ; } .u7125f8bbc632171c018b665d65613540 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u7125f8bbc632171c018b665d65613540 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u7125f8bbc632171c018b665d65613540 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u7125f8bbc632171c018b665d65613540:hover .ctaButton { background-color: #34495E!important; } .u7125f8bbc632171c018b665d65613540 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u7125f8bbc632171c018b665d65613540 .u7125f8bbc632171c018b665d65613540-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u7125f8bbc632171c018b665d65613540:after { content: ""; display: block; clear: both; } READ: John Biggers: The Impact and Significance of Symbolization in African American Art EssayAlcohol abuse differs from alcoholism in that it does not include an extremely strong craving for alcohol, loss of control, or physical dependence. In addition, alcohol abuse is less likely than alcoholism to include tolerance (the need for increasing amounts of alcohol to get high). Alcohol abuse is defined as a pattern of drinking that is accompanied by one or more of the following situations within a 12-month period: ? Failure to fulfill major work, school, or home responsibilities; ? Drinking in situations that are physically dangerous, such as while driving a car or operating machi nery; ? Recurring alcohol-related legal problems, such as being arrested for driving under the influence of alcohol or for physically hurting someone while drunk; ? Continued drinking despite having ongoing relationship problems that are caused or worsened by the effects of alcohol. While alcohol abuse is basically different from alcoholism, it is important to note that many effects of alcohol abuse are also experienced by alcoholics. How can you tell whether you, or someone close to you, may have a drinking problem? Answering the following four questions can help you find out. (To help remember these questions, note that the first letter of a key word in each of the four questions spells CAGE.) ? Have you ever felt you should Cut down on your drinking? ? Have people Annoyed you by criticizing your drinking? ? Have you ever felt bad or Guilty about your drinking? ? Have you ever had a drink first thing in the morning to steady your nerves or to get rid of a hangover (Eye opener)? One yes response suggests a possible alcohol problem. If you responded yes to more than one question, it is highly likely that a problem exists. In either case, it is important that you see your doctor or other health care provider right away to discuss your responses to these questions. He or she can help you determine whether you have a drinking problem and, if so, recommend the best course of action for you. Even if you answered no to all of the above questions, if you are encountering drinking-related problems with your job, relationships, health, or with the law, you should still seek professional help. The effects of alcohol abuse can be extremely seriouseven fatalboth to you and to others. Acknowledging that help is needed for an alcohol problem may not be easy. But keep in mind that the sooner a person gets help, the better are his or her chances for a successful recovery. Any reluctance you may feel about discussing your drinking with your health care professional may stem from common misconceptions about alcoholism and alcoholic people. In our society, the myth prevails that an alcohol problem is somehow a sign of moral weakness. As a result, you may feel that to seek help is to admit some type of shameful defect in yourself. In fact, however, alcoholism is a disease that is no more a sign of weakness than is asthma or diabetes. Moreover, taking steps to identify a possible drinking problem has an enormous payoffa chance for a healthier, more rewarding life. When you visit your health care provider, he or she will ask you a number of questions about your alcohol use to determine whether you are experiencing problems related to your drinking. Try to answer these ques tions as fully and honestly as you can. You also will be given a physical examination. If your health care professional concludes that you may be dependent on alcohol, he or she may recommend that you see a specalist in diagnosing and treating alcoholism. You should be involved in making referral decisions and have all treatment choices explained to you. The nature of treatment depends on the severity of an individuals alcoholism and the resources that are available in his or her community. Treatment may include detoxification (the process of safely getting alcohol out of ones system); taking doctor-prescribed medications, such as disulfiram (Antabuse) or naltrexone (ReViaTM), to help prevent a return to drinking once drinking has stopped; and individual and/or group counseling. There are promising types of counseling that teach recovering alcoholics to identify situations and feelings that trigger the urge to drink and to find new ways to cope that do not include alcohol use. Any of these treatments may be provided in a hospital or residential treatment setting or on an outpatient basis. Because the involvement of family members is important to the recovery process, many programs also offer brief marital counseling and family therapy as part of the treatment process. Some programs also link up individuals with vital community resour ces, such as legal assistance, job training, child care, and parenting classes. Virtually all alcoholism treatment programs also include meetings of Alcoholics Anonymous (AA), which describes itself as a worldwide fellowship of men and women who help each other to stay sober. While AA is generally recognized as an effective mutual help program for recovering alcoholics, not everyone responds to AAs style and message, and other recovery approaches are available. Even those who are helped by AA usually find that AA works best in combination with other elements of treatment, including counseling and medical care. Bibliography:

Market Issues In Relation To Bluejet Joint Venture

Question: Describe about the Market Issues In Relation To Bluejet Joint Venture. Answer: In Dominions Corp v Bryan Pty ltd (1985), the high court gave a definition of a joint venture[1]. A joint venture is an association of persons or trading organizations who come together with a view of making profits, and each partner will contribute some aspects of capital for purposes of meeting their objectives. Hence, one of the benefits of a joint venture, is the financial benefits that the parties to the association benefit from one another. They do not only share financial contributions, but also expertise and technologies that can be used to make theme competitive within the given market. However, the main disadvantage of a joint venture is that it may frustrate the level of competition within an industry. To mitigate against these negative effects of joint ventures, the Australian government has developed laws aimed at regulating the level and nature of competition within the industry. Companies such as Jetstar and Virgin Blue have decided to merge their marketing departments for purposes of ensuring they find a solution to the low profits these companies make. The proposed marketing arm is BlueJet Australia. To come up with an efficient strategy that can help these organizations to develop policies that will make them profitable, BlueJet Australia must identify the market competition issues that are affecting the Australian airline industry. Certainly, the first step towards understanding the competition issues facing the airline industry in Australia is to understand the Australian law regarding competition. As a matter of fact, business competition in Australia is regulated by the Australian Competition Consumer Commission (ACCC). This institution was formed in 2010, through an act of parliament called, the Competition and Consumer Act. Section 50 of the 2010 Competition and Consumer Act regulates the level of competition that emanates through merger and acquisition. The section denotes that a company should not acquire the shares of another organization, if the acquisition or merger may result to reducing the level of competition within the industry. With this in mind, chances are always high that the ACCC will refuse to recognize certain mergers, joint ventures and acquisition in Australia[2]. This is in a bid to ensure that there is competition in the given industry. However, when the merger will lead to the benefit of the public, or when one company is failing, ACCC may approve the merger or the joint venture. Blue Jet comprises of Jetstar and Blue Virgin. These companies are not making good profits within the market. In fact, the financial performance of Jetstar is poor; hence, chances are high that the joint venture will be allowed by ACCC. This is because the venture will not be a threat to competition, but it will ensure there is competition within the Australian airline industry. Therefore, understanding the rules of competition guiding Australian airline industry will help to determine the approaches and policies that BlueJet Australia initiates, for purposes of enabling the airline companies to become competitive. It is important to denote that the regulation of competition in Australia is aimed at ensuring that companies do not take advantage of their dominant positions, to initiate policies that will force other companies out of the mar ket, or will be harmful to their customers. To be efficient in developing marketing policies that will ensure the success of BlueJet, the joint venture must understand the effect of the deregulation of the airline industry that began in the periods of 1980s[3]. The deregulation of the airline industry in Australia has made the sector to be very competitive, and this is because there is the introduction of new companies offering airline services[4]. This has led to an increase in competition; hence, companies are forced to come up with policies aimed at making them to be competitive, and to increase the percentage of market they control. Because of an increase in competition, companies in the airline industry are engaged in price wars, and this reduces the amount of profit they can get. Low prices ensure that companies do not get value for their investments, and it is the customers who are benefiting. Basing on these facts, the deregulation of the airline industry helped in advancing the provisions of the Competition and Consum er Act (2010) which supports the implementation of policies that benefit the customer. On this note, having an understanding of the price wars in the Australian airline industry, will enable BlueJet to come up with a pricing strategy that will benefit its customers, and also the company itself. A pricing policy that benefits the company is one that does not lead to losses, or low profits that cannot sustain the organization. It is important to note that in a s much as cost leadership strategy, is one of the most efficient strategies that can lead to profitability of the organization, the company must provide high quality services, to be guaranteed of customers. This is because customers are prepared to pay a significant amount of money for a quality service. Furthermore, the BlueJet must know the demand elasticity of the different market segments, as this is an important factor that determines the pricing policy of airline companies. For instance, there are two important market segments in the airline industry. These segments are the leisure travelers, and the business travelers. Leisure travelers are people who are very flexible with the dates of travel, and the prices of air tickets. Therefore, they are very sensitive to changes in the prices of air tickets. This is as compared to the business travelers. Hence, when initiating the cost leadership pricing strategy, the company must be targeting leisure travelers. On the other hand, business travelers are not sensitive for prices[5]. Furthermore, customers are always well informed of the prices that airline companies charge. This is because of the availability of the information concerning airline companies in Australia. Most airline companies normally publish information concerning their company through their websites or magazines. This information is accessible to customers and the employees of these airline companies. Because of these policies aimed at capturing customers, there is an intense competition in the airline industry[6]. Indeed, entry of low cost airlines has shifted the advantage to these airline companies. In fact, a company such as Tigerair is emerging as a leader in offering low cost air services in Australia. Other potential competitors include Airnorth, Rex Airlines and Jetstar. BlueJet has to study the pricing and managerial policies of these competitors, for purposes of ensuring that it comes up with the best marketing strategy that will give it a competitive edge over these rivals[7]. It is important to denote that without information about these competitors, BlueJet may initiate policies that may not be effective in penetrating the market segment held by these competitors. Another issue to consider are factors that are beyond the control of airlines, but which have an impact on the competition within the airline industry. One of these factors is fuel. There has been a rising cost of fuel, and reducing these increases is beyond the capacity of the airline industry[8]. This is basically because of the availability of very few suppliers of fuel, and the inelastic demand of the commodity. It is important to denote that the price of an airline ticket is very sensitive to the costs of fuel. Furthermore, the cost of fuel in an airline industry covers a third of the operating expenses of the airline. Labor is another factor that takes a considerable amount of money, and it contributes to a quarter of the operational expenses of the airline company. Another factor that may affect the competitive capability of BlueJet is the cost of maintaining the fleet of its airplanes. These costs are very high, especially, when the airplanes are aged[9]. Indeed, after paying all these costs, the operational expenses of the company will be high, affecting the overall profitability of the business organization. It will imply that the margins of profits will be very low. Therefore, the inability of the company such as BlueJet to control these costs would mean that it will be operating at very high operational costs. But still, to be competitive, the company will accept to charge low prices for its air tickets. However, the existence of these uncontrollable costs does not mean that the airline industry is not profitable[10]. With proper policies and programs, BlueJet can make profits. An example is a company such as the Emirates Airlines. The company has a fleet of young airplanes, and this means that they are fuel efficient and require low maintenance costs. Furthermore, the company is able to get cheap labor because it is based in Dubai, and it pays low taxes[11]. In the view of this, the government of Australia should assist BlueJet by coming up with subsidy programs aimed at reducing the costs of operation for the company. While pursuing this policy, the government should target the whole airline industry, as it will enhance competition. Then, the use of government assistance may provide the airline industry with the needed money that can be used in research and development. In every organization, RD department is crucial, in ensuring that the company achieves its profitability[12]. It is through research and development that the BlueJet will collect and accumulate data regarding the policies pursued by its competitors. Furthermore, it is through RD that the company may know the various needs of its customers, and come up with a service that satisfies those needs[13]. Knowledge of these needs, and development of services that satisfy these needs, is crucial and important in making the company to be highly competitive[14]. Therefore, the government has an important role to play in the airline industry, in terms of the provision of resources and development of infrastructures that may make it possible for airline companies to operate and compete with one another[15]. Finally, the competitive issues that BlueJet will face includes the pricing policies pursued by the competitors of the company, the costs the company cannot control, the involvement of the government in regulating competition within the industry, and the marketing strategies employed by the competitors of the company. Air ticket prices are a very sensitive issue in the airline industry. This is because of the high operational costs that these companies face, and the intense competition emanating from other companies. BlueJet will therefore consider the level of competition emanating from these airline companies, before coming up with the right prices for its air tickets. Government control is an important issue that arises, because the Competition and Consumer Act of 2010 prohibits companies from engaging in any activity that frustrates competition within the industry. To facilitate competition, the government may provide the necessary resources and infrastructures that will encourag e BlueJet to engage in extensive RD. Research and development is an important process that will determine the development of high quality services that carter for the needs of the target market. Bibliography Books, Journals and Articles B, Clarke and Sweeney B,Marketing and The Law(LexisNexis Butterworths, 2011) Barron, Margaret,Fundamentals Of Business Law(McGraw-Hill, 2012) Davenport, Shayne and David Parker,Business And Law In Australia(Thomson Reuters (Professional) Australia, 2011) Forsyth, P,Competition Versus Predation In Aviation Markets(Ashgate in association with the German Aviation Research Society, 2005) Freeman, Michael D. A,Law And Bioethics(Oxford University Press, 2008) Gibson, Andy and Douglas Fraser,Business Law(Prentice Hall, 2005) Haque, Tariq, "LeadLag Effects In Australian Industry Portfolios" (2010) 18 Asia-Pacific Financial Markets Kotler, Philip et al,Marketing(2015) P, Gillies and Selvadurai N,Marketing Law(Federation Press, 2008) P, Latimer,Australian Business Law(CCH Australia Ltd, 2012) Peoples, James,Pricing Behaviour And Non-Price Characteristics In The Airline Industry(Emerald, 2012) Tierney, Alison J., "Matching Up To The Airline Industry" (2008) 63Journal of Advanced Nursing Towards A National Aviation Policy Statement(Dept. of Infrastructure, Transport, Regional Development and Local Government, 2008)` Zeller, Bruno and Bill Cole, "Australian Trade Agreements A Divergence Between Trade Policy And Business Outcomes Can They Deliver Trade-Related Growth For Australia?" (2014) 3Global Journal of Comparative Law B Cases and Legislations Competition and Consumer Act (2010) Dominions Corp Ltd v Brian Pty Ltd (1985) 157 High Court (1985)