Business Law Essay Example | Topics and Well Written Essays - 1750 words - 2

Business Law - Essay Example What will happen if people will know about the duplication? Will there be legal consequences given the situation? Brief Answer One of the possible effects of what Sam Evening’s act is getting charged of theft by false pretenses. This includes false promises which are promises without intent of performance. In the case at bar, Sam Evening and Janet Evening promised to sell to the customers 1000 pieces of Limited Royal Wedding Collectibles which are handmade and personally painted and signed by the artist. The customers are being promised with the quality and the worth of the product. But selling a product made through the service of duplication company is making false pretenses and future promises about products. They are selling the products with intention to gain. Courts will require having a good materiality of misrepresentation. There should be causal relation between the swindler’s deception and the victim’s loss. The state of mind of the accused with respect to his intentions should be given great importance. In the case, Sam’s situation can be said to be a form of obtaining money by false pretenses. Another possible legal effect of Sam’s action is theft by deception. A different offense and can be define in a broader sense. This is the type of theft which uses deception to obtain property of another or service of another. This happens when a person has an intention to deceive other persons to gain. Sam Evening will also be held liable for damages under the Tort Law. These are the damages that he will eventually cause to his business partners under breach of partnership trust. Under the Tort Law, a relief is provided for those who suffered harm from the wrongful acts of others (Hg.org, Tort Law). Statement of Facts The case at bar is considering the possible legal issues that Sam Evening will face after selling products made through the service of duplication company. The products are to be sold as Limited Edition Royal W edding collectibles. There will only be 1000 limited collectibles to be sold for $100. Janet and Sam are so confident that the plates would increase in value. The sellers decided to guarantee the increase in value by promising to buy any plate back within five years from issuance at an appreciated price of 5% annually. Sam and Janet and a friend of theirs, Largess Bucks, each contributed $1000 to cover expenses Sam began producing and signing the plates and Janet created a website to advertise and sell the plates to customers in the United States. After handpainting, signing and numbering 37, Sam got tired and felt like he was doing all of the hard work. Janet did manage the website, including processing payments and shipping products. Their other partner is Largess did nothing. Sam Evening found a plate duplication service and decided to get the service of a duplication company to finish the works of the plates. The company required a minimum order of 1000 plates in order to perfor m these services and a down payment of $3000 to start the order with the remaining $7000 to be paid upon delivery. Unfortunately of the $3000 that they had contributed, $1000 had been used for initial supplies, $500 to set up the website payment processing service, $185 for initial shipping supplies and $315 had been paid to repurchase three plates out of a total of ten plates that had been shipped so far. Sam thought that income from the first set of plate sales would be given at the end of April. So Sam decided to take the $1000 remaining and added $1000 of his

Analysis of the Law of Will

Analysis of the Law of Will When a person dies leaving their property, the question will definitely arise as to how his or her property or estate will be dealt by those who survived them. Intestacy rules[1] applies when a person dies without leaving will but makes no provision for cohabitants and their children and friends. The law of wills are more favourable which allows a person to write a will that authorize their estate to be distributed according to their own wishes. Besides being able to specify own funeral arrangement and notify guardianship of the next kin, a will can also help to reduce the amount of Inheritance Tax that may be payable on the value of the property one leave behind. A will must be valid and can only run after the death of the testator or testatrix. A testator must be over the age of 18 and have a necessary capacity[2], with capacityÂÂ   being defined as being of sound mind, memory and understand the extent of the property of which he is disposing[3] to write a will. Thus a blind person cannot be a witness.[4] Surprisingly in Wilson v Beddard,[5] a 14 years old boy was given the importance of witnesses in the will-making process. It could be argued that no particular maturity of years is required to witness a signature but that undervalue the function of the witness.[6] Borkowski in his opinion thinks that the requirement that witnesses to wills should be of adult age. It is also important for testator to comply with the requirements under section 9 of the Wills Act 1837[7] in order to make a valid will. One advantage of this is formality of writing can prevents fraud. Over the time, courts have adopted a very broad approach towards this requirement. Wills written in bad Ukrainian have been accepted by the courts in Re Slavinskyjs Estate[8] case, will written on an eggshell[9] or even in the code used by jeweller in the course of his business were accepted by the courts.[10] The courts approach appears to accept anything that is a written manifestation of the testators intentions concerning the disposition of his or her estate on the death may be regarded as a will.[11] Second requirement being a will must be signed with an intention to give effect to the will. The courts have accepted any mark or marks intended to represent a signature in Re Savory (1851)[12] case. In Re Stalman[13] the will was written on a single piece of paper and the testatrix signed at the top of the paper. The Court of Appeal held that the signature was ineffective and the will invalid. The leading case, In the Goods of Chalcraft [1948][14] where the testatrix was extremely in pain and frail, she was given the will she drafted to sign, but could only able to complete E. Chal rather than E. Chalcraft before lapsing into unconsciousness and died. Willmer J. thought that Lord Campbells words should be given a broad interpretation and that, in the circumstances, the will was validly signed because what she wrote was intended by her to be the best that she could for by way of writing her name. Contrast with a more uprightly flexible interpretation by Lord Campbell LC in Hindmarsh v Charlton (1861)[15] stated that there must either be the name or some mark which is intended to represent the name. Although this was an understandable decision on the facts, the test applied by Willmer J. was not supported by other authority and is, in any case, open to the objection that it is too vague and imprecise.[16] The judge attached essence to the fact that the testator complete his signature after the nurse left the room. His reasoning appears to have been that writing part of a name cannot amount to a signature where the testator goes on to complete the signature. The problem with this approach is that it imposes an unduly narrow meaning on signature by equating it with completed signature. These difficulties can be prevented by taking a wider approach of the meaning of a mark while focusing on the intention of the testator. The requirement of presence is an important one as in section 9, which signature must wither be made or acknowledged in the presence of two witnesses and the witness must attest and sign or acknowledge his or her signature in the presence of the testator. The case of Brown v Skirrow [1902][17] demonstrates that the element of presence means both mental and physical presence. As regards mental presence, the testator and the witnesses must be aware and mindful of the act done. Nevertheless, the cases on physical presence has raised the odd rule that it is sufficient if there was a line of sight at the relevant moment. For instance, it is sufficient for testator to see the witnesses signing, even if the testator did not look at what they were doing at that moment. There is obvious potential for fraud and undue influence in such a case although these possibilities may seem to contradict by the insistence on the testators direction, they cannot be depreciated. The line of sight test cannot be critically defended. In Langbein seminal article, Substantial Compliance with the Wills Act,[18] he argued that formalities had four main functions in will-making in which requiring the presence of the participants to the making of a will arguably serves all these purposes, especially the cautionary and the protective functions: it attracts attention to the importance of the matter and supply vital checks that the statutory requirements are being achieved. Section 9(1)[19] allows some other person to sign on behalf of the testator providing this is done in the presence and by the direction of the testator. The main reason for this provision was to provide for the case of the illiterate testator, but the leading aim now must be to help the testator who cannot sign because of illness or disability although he must be at least capable of giving direction. As it is, there would appear to be nothing to invalidate a will signed by some other person on behalf of a perfectly fit testator. Borkowski[20] suggested to amend the relevant part of section 9(1) to read or by some other person in his presence and by his direction where the testator is unable to sign the will because of illness or disability. Borkowski also argues that the number of witnesses should be increased. Two witnesses could easily be so intimately connected as to be able to collude in their evidence as may be the situation with the friendly couple next door.[21] The failure to date a will will not make a will invalid as there is no statutory requirement for a will to be dated. Waite LJ stated in Corbett v Newey[22]: Lack of a date or the inclusion of the wrong date cannot invalidate a will.[23] However, dating a will convenience judges to decide issues concerning the testators capacity to produce a will. Besides, interpretation of a will such as references to persons and property can depend on the date of execution.[24] Moreover, testator might leave more than one will thus the date of the will will be used to determine the order of execution. On 22 January 2014, the Supreme Court handed down its decision in the case of Marley v Rawlings.[25] One of the issue arise is rectifying a will under section 20 of the Administration of Justice Act 1982[26] which was introduced on the recommendations of the Law Reform Committee.[27] Under this provision, a will is rectifiable but in Marley case, the respondents argues that the physical mix-up of the documents meant that Mr Rawling had not signed a will for the purpose of section 20. Since section 9 of the Wills Act[28] require a will to be signed in order to be valid, it was argued that this will had not being signed by the testator and therefore no intention to give effect to the said provisions. As Lord Neuberger PSC said, it is logical to deal with the validity and rectification issues together, at least in a case such as this, where the two issues are so closely related.[29] In conclusion, the law of will should be reformed to make a clearer and distinct rules as they are used by majority and for vital task such as wealth distribution upon death. Good news is that the Law Commission announced on 23 July 2014 that it expects to start its project on the reform of the law of wills in early 2015 with a view to publishing a report with final recommendations and a draft Bill in early 2018.[30] Borkowskis recommendations for section 9 of the 1837 act would probably results in more failure in will, prima facie, but would also save some application of a dispensing power. However, it is obvious that the Parliament is putting efforts in improving the law of will. [1] Administration of Estates Act 1925, s 46 [2] Wills Act 1837, s 7 [3] Sir Alexander Cockburn CJ in Banks v Goodfellow (1870) LR 5 QB 549 at p.564 [4] Re Gibson [1949] P. 434 [5] Wilson v Beddard (1841) 12 Sim. 28, 59 E.R. 1041 [6] Andrew Borkowski, Reforming section 9 of the Wills Act (Conveyancer and Property Lawyer 2000) [7] Wills Act 1837, s 9 [8] Re Slavinskyjs Estate [1989] 53 SASR 221 [9] Hodson v Barnes (1926) 43 TLR 71 [10] Kell v Charmer (1856) 23 BEAV. 196 [11] Catrin Fflur Huws, Text, Cases and Materials on Equity and Trusts (1st edn Pearson 2015) p.369 [12] Re Savory (1851) 15 Jur 1042 [13] Re Stalman (1931) 145 LT 339 [14] In the Goods of Chalcraft [1948] 1 All ER 703 [15] (1861) 8 HL Cas. 160, 167 [16] Andrew Borkowski, Reforming section 9 of the Wills Act (Conveyancer and Property Lawyer 2000) [17] [1902] P 3 [18] John Harriss Langbein, Substantial Compliance with the Wills Act (88 Harvard Law Review 489, 1975) [19] Wills Act 1837, s 9(1) [20] Andrew Borkowski, Reforming section 9 of the Wills Act (Conveyancer and Property Lawyer 2000) [21] ibid [22] Corbett v Newey [1996] 2 All E.R. 914 [23] Waite LJ in Corbett v Newey [1996] 2 All E.R. 914 at p.920 [24] Re Whorwood (1887) 34 Ch D 446 [25] [2014] UKSC 2 [26] Administration of Justice Act 1982, s 20 [27] Law Reform Committee, Interpretation of Wills 19th Report (HMSO, 1973). Cmnd.5301 [28] Wills Act 1837, s 9 [29] Marley v Rawlings [2014] UKSC 2; [2014] 2 W.L.R. 213 at p63 [30] Law Commission, Wills: Current Project Status http://www.lawcom.gov.uk/project/wills/> accessed on 5 March 2017

Characterization of Women in The Yellow Wallpaper and Desirees Baby

Characterization of Women in The Yellow Wallpaper and Desiree's Baby  Ã‚   There was a time (not so long ago) when a man's superiority and authority wasn't a question, but an accepted truth. In the two short stories, "Desiree's Baby", and "The Yellow Wallpaper", women are portrayed as weak creatures of vanity with shallow or absent personalities, who are dependent on men for their livelihood, and even their sanity. Without men, these women were absolutely helpless and useless. Their very existence hinged on absolute and unquestioning submission†¦alone, a woman is nothing. The setting of both stories reinforces the notion of women's dependence on men. The late 1800's were a turbulent time for women's roles. The turn of the century brought about revolution, fueled by the energy and freedom of a new horizon†¦but it was still just around the bend. In this era, during which both short stories were published, members of the weaker sex were blatantly disregarded as individuals, who had minds that could think, and reason, and form valid opinions. Also, in both tales, the characters are removed from society. In "Desiree's Baby", the plantation is bordered by a field and a bayou, isolating its inhabitants from the world. The narrator of "The Yellow Wallpaper" tells us, "Out of one window I can see a garden†¦out of another I get a lovely view of the bay and a little private wharf" (161). They are out in the country, where the modern city can't touch them, or begin to mold their sexist ways and old fashioned ideals into contemporary mindsets. This seclusion also ensures that no outside forces threaten the men's absolute and total control of their weak, defenseless charges. In addition to their surroundings, the homes themselves... ...no worth. It's very sad to think that a woman and a man could have ever thought this way. However, it's even sadder to think that some still do. Women everywhere suffer abuse, mental or otherwise, at the hands or their (pri)mates every day. They must find the strength in themselves and the confidence to know that THEY are the ones who determine their own fate†¦and to realize that no one has the right to put them down. Our foremothers worked hard to make sure that we had choices-- not obligations. And when we let someone else take those choices from us, they are really taking our freedom, and our life. Works Cited: Chopin, Kate. â€Å"Dà ©sirà ©e’s Baby.† 1893. 8 Apr. 2003 Gilman, Charlotte Perkins. "The Yellow Wallpaper." 1892. The New England Magazine. Reprinted in "Lives & Moments - An Introduction to Short Fiction" by Hans Ostrom. Hold, Orlando, FL 1991.

Tell Tale Heart Essay

HTH s idea is portrayed hen we see the protagonists struggle between himself and the old man's eve axed eye. As the story progresses, the conflict between the protagonist and the beating heart r enders the idea of the narrator versus himself. The external struggle within the Story seems to be the narrator's conflict with the old man. The protagonist loved the old man, eliminating motives that might normally in spire such a violent murder.As he proclaims his own sanity, the narrator fixates on the old man's vulture. â€Å"It was open wide, wide open and grew furious as gazed upon it. Saw it wit h perfect strictness all a dull blue, with a hideous veil over it that chilled the very mar row in my bones; but I could see nothing else of the old man ‘s face or person: for I had directed the ray as if by instinct, precisely upon the damned spot. † The narrator reduces the old man t o the distinctive blue of his eye in obsessive fashion.He separates the man from his â€Å"Evil Eye† so he can spare the man the burden of guilt that he attributes to the eye itself. The narrator FAA ills to see that the eye of the old man is a fundamental part of his identity that cannot be isolate d as the narrator abnormally imagines. As a result of his warped sense of reality, the narrator obsesses over the low beats of the man's heart, yet shows little concern about the man's shrieks, which are loud enough to attract his neighbor's attention and draw the police to the scene of the crime.Through hoot the story, he explains that he is not mad, but ironically, he is the opposite of this, as he strut eagles to comprehend his own mind. The narrator's paranoia and guilt make it mine NT that he will give himself away. The police arrive on the scene to give him the opportunity to be tray himself. The more the narrator professes his own calm manner, the more he is unable to e cape the beating of his own heart, which he mistakes for the beating of the old man's heart.As he co nfesses to the crime in the final sentence, he addresses the policemen as â€Å"villains,† indicating g his incapability to distinguish between their real identity and his own villainy. The internal conflict within the story is disguised as external conflict, through t he way that Poe describes the struggle of man versus man and man versus self. The protagonist battles with the old man's â€Å"vexed† eye; however, this slowly turns into a combat bet en the narrators own mind, as he tries to escape the beating of his own heart.

Discuss one Biological and one Psychological Explanation of Aggression Essay

Some biological psychologists point to the role of neural and hormonal mechanisms in aggression. Hormones have already been implicated in a number of other psychological disorders, e.g., depression and eating disorders.  Studies have found a strong, positive correlation between levels of testosterone and aggression. This applies to both men (Olweus et al 1988) and women (Ehlers et al, 1980). Clare (2000) noted that girls with the condition congenital adrenal hyperplasia – which is implicated in high levels of aggression – engaged in more ‘rough and tumble play’. Testosterone appears to be most influential at two stages of life – a few days after birth i.e. ‘the critical time period’ when sensitisation of neural circuits happens and in adulthood when testosterone modulates neurotransmitter pathways. Hormones are definitely at least linked to behaviour – although a problem exists in trying to establish cause and effect, which will be discussed later. Much human and non-human research points to a link between the two. For example, when levels of testosterone peak at the time of puberty in young human males, aggression also peaks.  Many non-human animal studies support the idea that aggression is somehow caused or linked with testosterone. One such method of testing this is to castrate various animals. This always leads to a marked decrease in aggression. Furthermore, when testosterone is replaced by hormone therapy in the castrated animals, the aggression of the animal returns to its pre-castration level (Simpson, 2001). This seems to support a causation effect or at least a link between the two. A similar study on cockerels by Berhold found the same effect. More specifically, it seems that androgen stimulation in the early days after birth (up to ten days) causes changes in the neuronal system, which affects the level of aggression of a person through into adulthood. Women are typically less aggressive because their brains contain beta blockers which block most of the effect of the testosterone in the brain. Male mice who are castrated straight after birth throughout their whole life – even if they are given hormone therapy, i.e. huge doses of testosterone, later on in life. If the castration occurs 10 days after birth, the difference in aggression levels is much less obvious. This is supposed to be because of the androgen stimulation in the neural circuits during the early days after birth (Motelica-Heino et al 1993). The usual explanation for the link between testosterone levels and aggression is that testosterone interacts with androgen or oestrogen receptors. During the critical time period, testosterone sensitises certain neural circuits in the brain. This allows for the effects that testerone have which last into adulthood. Testosterone can affect the effect of neurotransmitters, e.g. how fast they move and the amount of neurotransmitter released. It appears to act upon serotonergic synapses, lowering the amount of serotonin available for synaptic transmission. The significance of this is that serotonin inhibits aggression, so less serotonin means more aggression. To prove this, Simpson (2001) carried out an experiment on rhesus monkeys where he gave them serotonin reuptake inhibitors, leading to a marked decrease in aggression. This has been implicated on humans also and has the same effect (Simpson, 2001). Sapolsky has argued that although there is clearly some kind of link between levels of testosterone and aggression, this tells us nothing about individual differences in how people are affected by testosterone, why men are exceptionally more aggressive than women and does not explain why sometimes the highest levels of aggression are found in those with not an exceptionally large amount of testosterone. The relationship between testosterone and aggression is not straightforward. Does testosterone cause aggression? Does aggression increase testosterone secretion? Does neither have an effect on the other (i.e. a third variable is involved)? Bernhardt et al (1998) has shown that merely watching participants win or lose in sports competitions increases testosterone secretion in those who are interested in the game. Indeed, Bernhardt did an experiment where he measured participants’ testosterone levels before and after sports events. Men who watched their team lose had a decrease of testosterone levels by 20% and those whose team won showed a 20% increase in testosterone levels. Clearly, testosterone does not always cause behaviour/emotion, but rather the opposite can occur too. This somewhat dents the argument that hormones explicitly cause aggression.