Public Administration 2 Essay Example | Topics and Well Written Essays - 1000 words

Public Administration 2 - Essay Example With any career, ethics will always play a crucial role. People come across many ethical circumstances and it trickles down to the individual to decide on how to act. In Tenet’s situation, it was not any different. In his political profession, Tenet faced numerous ethical predicaments. A number of these ethical impasses comprise him acting as a mediator rendering his work politically intricate. Tenet was unable to directly communicate and disagree with the associates within the President Bush’s administration. Tenet would even back the President knowing very well that the President was wrong. This placed George in a cross road between being loyal to the President and executing his duties (Boyle, 2008). Tenet had continually viewed CIA’s role as an â€Å"authentic broker that eluded direct participation in formulation of foreign policy†. In 1998, Tenet acted as a â€Å"mediator† for Binyamin Netanyahu (Israel’s Prime Minister) and Yasser Arafat in a peace dialogue hosted by the Head of state Clinton. This action contradicted Tenet’s statement that the Central Intelligence Agency was the single entity, which both parties could entrust. The CIA acting as a mediator instead of a spymaster, rendered those at the inside somewhat uncomfortable (Stillman, 2000). When the actions of 9/11 transpired, Tenet was aware it was al-Qaeda’s work and he held the full backing from President Clinton to do whatsoever he deemed necessary to have the job completed. The problem arose when Chaney (Vice President) declared at the VFW (Veterans of Foreign Wars) conference, that Saddam Hussein possessed the armaments of annihilation. George did not approve that assessment; indeed, he indicated that the speech had gone fittingly beyond what CIA analysis could hold. Since George had not engaged in that discussion with Chaney (Vice President) concerning his speech, it ignited the

Right to silence - Protecting only the guilty Dissertation

Right to silence - Protecting only the guilty - Dissertation Example It would also be necessary in this review of literature to consider the situation that would arise should the rule be abolished in its entirety. Besides, it would also be appropriate to assess the effect on legal professional privileges as a result of the change in rules and its impact on the conduct of criminal cases. Present status of the right to remain silent: Under the laws of the United States, a person cannot testify for himself. Thus, under the Fifth Amendment of the US Constitution, a person cannot be compelled in any criminal case to be a witness against himself.† (U.S. Constitution: Fifth Amendment, 2011). Thus it is well within the ambit of a person’s Fifth Amendment rights to refuse to answer any questions put forth by a policemen or any law enforcement authority to assess a person’s complicity or otherwise in a crime. A person could refuse to testify not only in order to save himself from the possible use of his stated words against himself, or even to disapprove his involvement, or state a claim of his innocence in a given case scenario. However, the laws are now changing and there are proposals to bring about reforms in the aspect of the right to remain silent during questioning. In the landmark case of Miranda v Arizona 384 U.S. 436 (1966), the Court reiterated the suspect’s rights under Fifth and Sixth Amendment of US Constitution. A suspect does have a right to remain silent and also has to be informed that whatever statements he makes could be used as evidence against him during trial proceedings. Besides, a suspect has the right to a lawyer, who could act as his counsel and be present during interrogation of the suspect.†You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?† (What are your Miranda Rights?, 2010). However, it is seen that in recent times, there are proposals to change or reform the concept of the right to silence enjoyed by suspects in cases. In the year 2010 case of Berghuis v. Thompkins, the defendant, Thompkins accused of first degree murder failed to invoke his Miranda rights to remain silent and to counsel because he failed to do so "unambiguously." Moreover, the Supreme Court reasoned that Mr. Thompkins waived his Miranda right to remain silent when he "knowingly and voluntarily" made a statement to the police. The Supreme Court further held that, even if Mr. Thompkins' counsel was ineffective, he cannot show he was prejudiced by counsel's deficient performance – a prerequisite to establishing that his Sixth Amendment right was violated.† (Thompkins, 2009). This was indeed a departure from the Miranda judgment regarding enforcement of Fifth Amendment laws, and is a decision by the United St ates Supreme Court in which the Court considered the position of a suspect who understands his or her right to remain silent under Miranda v. Arizona and is aware he or she has the right to remain silent, but does not explicitly invoke or waive the right. The changes in the law are evident in the fact that Miranda ruling could not be enforced in the Sebastien Boucher case. In a recent case of In re Grand

Survey Sample Size Essay Example for Free

Survey Sample Size Essay This essay will have two parts one will discuss three different surveys and the second will be a survey that was performed by the author. The subjects of the surveys will be Entertainment, Political, and General. We will analyze the surveys that do not have the population that were surveyed. Introduction The entertainment survey will be a survey that was conducted by Universal UK, was conducted in the Britain, and is about the movies they have vivid memories pictures of in their mind. (Macnab, 2013) The Political survey was conducted by Gallup Wellbeing, is about older United States employees. (Ander, 2013) Number 3, the survey is from Gallup Wellbeing also and is about how female veterans rate their life. (Meyers Liu, 2013) Entertainment Survey Universal UK conducted this survey in order to decide which movies would sell the most if put on DVD’s. To describe the number of participants Macnab said, â€Å"The participants were people across Britain†, but no number is mentioned. (Macnab, 2013) Without the number of people surveyed, we cannot calculate if the participants were the correct amount. It was thought that the memory of the movies was considered as, â€Å"escapism†, but through the survey results, it was discovered that it was the reverse. As it showed the participants did not use the movies to escape life’s problems, but they were used to face them. (Macnab, 2013) It was as if the participants gained confidence during the viewing of the movie. Through doing the survey the company discovered the movies to use for DVD’s, and the ones that had an impact on changing people’s lives by giving them self-esteem and confidence . Confidence and raising self-esteem levels of the viewers helped some viewers improve their lives, which is why they remember the movie. . Political Survey The political survey researched Federal employees to compare the younger employees to the older employees and Federal Employees to Non-Federal employees. (Ander, 2013) The evaluation was to compare who thought; they used their strengths while on the job to do what they do best the most. (Ander, 2013) One hundred fifteen thousand (115,000) people participated which when divided in half (because there are both Federal Employees and Non-Federal Employees) gives us 57,500, which would not be an appropriate amount of participants per population. It is because of this class that this author can say the participants were not significant for the population. We have learned that the targeted survey group must be appropriate for the population results. If they researched this to the total population in the United States, the participating group should be at least 100,000 per group. This survey showed the results that the Federal employees who were 18-25 years old were the biggest percentage who said yes at 85.0%. (Ander, 2013) The Non-Federal employees results are participates 65 years and older were the biggest percentage who said, â€Å"Yes† at 86.0%. (Ander, 2013) This was unexpected because it was thought the older employees would have the higher percentage for both. The least satisfied for the Federal employees were the 65 years and older at a 77.4% and the least in the Non-Federal employees category were the 18-29 year old group at 82.1%. (Ander, 2013) This survey proved the Federal Government could help their older employees more and the Non-Federal employers could help their younger workers more. (Ander, 2013) General Survey The general survey is about female veterans of the U.S. military having a much better outlook on their lives then the Male veterans. The survey was composed of 353,561 Americans. (Meyers Liu, 2013) There were 48,690 respondents, which were affiliated with the military of the 353,561 participants. The results showed that female veterans rated their lives as, â€Å"thriving† were 54% while the male veterans at 44%. (Meyers Liu, 2013) The researchers say one of the reasons for the 10% gap is due to the optimistic view of females compared to the males. Based on the total sample of national adults, the researchers comment that they can say with 95% confidence that the margin of error is  ± 1 percentage points. (Meyers Liu, 2013) The sample size for this survey was appropriate for the population. Overview The first survey did not mention any numbers as for the survey size or the population, so there is no way to tell if the survey size is appropriate for the population. The second survey did mention 115,000-survey size, which is divided in half because there are two groups. This gives us a 57,500-survey size per group for the population. Using the population of the United States, we should have a 100,000 per group at the minimum. The third survey of the veteran females’ life satisfaction is the only one that has the correct amount of survey size. This survey size is353,561 of the population of military affiliates, which is a proper size per population. Application: Copy of Survey Application: Results Chart 1 This chart show the ages of the participants, the 35-44 age categories has the most participants, which is 30% of the total 20 people. The lowest percentages of participants are the two categories of 18-24 and 65-74 with a percentage of 10%. The people ages 35-44 are the largest group of people to watch the movie. Application: Results Chart 2 15%,30%,20%,35% This chart shows the number of participants that read the number of books 1, 2, 3 and the series of 4 books. As you can see, the participants that read the series are 7, and are the highest in percent’s also at 35%. This means that most of them read the series. The least of the participants (3) read only the first book at a percentage of 15%. . Application: Results Chart 3 50% of the participants thought the movie was only somewhat close to the book. 30% thought the movie was not Application: Surveys and Business The survey above could tell the movie directors that they should make the rest of the series closer to the books. The participants seem to think they could have made the movie more like the books. There was a lot of story line missing of which some was important to the story to be complete. Some of the participants said they were very disappointed, because for the books to be so good and the movie to be so bad there had to be something somewhere that missed the whole story’s meaning. Conclusion In conclusion, we have studied various surveys showing how some have not had a survey group that was the correct size for the population. In order for the data to be accurate, the researcher must have the proper sized survey group for the population they are researching. Statistics cannot be correct if the data is off.

Case Study :: essays research papers

Telecommunications is the commercial and non-profit organization involved in development, production, distribution, and exhibition of entertainment and information to the public by electronic means. Recently, interactive media has began to interest many consumers. Of the four media functions, the distribution section is most effected by any changes made in the industry.   Ã‚  Ã‚  Ã‚  Ã‚  Because changes like these are always being made, media businesses must be prepared, so they can continue to produce revenue and profit. Distribution receives the most attention because it is necessary to learn the consumer demand for interactive media, and what will be the most effective way to distribute this service. This change also impacts distribution because they must do research on the audience. And, after doing this, they'll know and respond to the interests and needs of the consumer. Case Study #2   Ã‚  Ã‚  Ã‚  Ã‚   Telecommunications is characterized as an industry of technology and innovation. Business includes the use of cameras, computers, transmitters and many more technical devices. Because of this, telecommunication managers must have a basic technical understanding of this business.   Ã‚  Ã‚  Ã‚  Ã‚  Technical skills in a manager are important because, one must be able to supervise employees, and operate facilities. Every year there are new developments in modern technology. These technological changes present serious challenges to media management. They have to continuously make decisions on what new equipment to buy for the company, and what will be needed to stay on top.   Ã‚  Ã‚  Ã‚  Ã‚  Basically, understanding radio waves, computer operations, recording systems etc†¦ will allow the media manager to make wise purchases, expansions and employee decisions in a constantly changing, high-tech industry. Case Study #3   Ã‚  Ã‚  Ã‚  Ã‚  The product-life cycle theory marks the stages of industrial development from innovation to growth, maturity and decline. Many of the major media businesses are in the mature stage. Unfortunately, a few businesses are in decline. In order to stay in business, many of these companies must reposition themselves for an information-based economy.   Ã‚  Ã‚  Ã‚  Ã‚  In order to stay on top during this changing economy, businesses have to concentrate on the way the new products are delivered to consumers. In the innovative stage of the Product-Life Cycle, producers need to spend most of the time in research and development (making and refining the product), and in marketing (convincing consumers to buy). The goal is to influence consumers to sample a product by impressing them by its value.   Ã‚  Ã‚  Ã‚  Ã‚  Competition is a big part of the Growth Stage.

Current Police Vehicle Pursuits Policies and Procedures Essay

Why We Need Policy It is important to recognize that to use high speed methods in vehicle pursuit can only have risks reduced by un-holding a standardized guide as to how to proceed with the least of harm. The use of policy is an important element in any delivery of social and care service. Codes of practice provide parameters as to what needs to be recorded, how actions are to be undertaken and to realize the inherent moral obligation to ensure the rights and dignity of all stakeholders (New Jersey Police Department, 2001). Though, to provide consistency in application and resolution of dilemmas it is critical that report forms have an integrated presentation so that they can be used across situations, and across levels of staffs. Present Policy Currently there are written policies existing in every police station in North America instigated by the National Institute for Justice (NIJ). However, these differ amongst agencies, which has resulted in the indetermination of how best to deliver best practices in police vehicle pursuit (Alpert, 1997). A standardized form of pursuit policy would allow for better comparisons across agencies, and to quantify practices (Department of Public Safety, 2000). Recommended Policy Changes Develop and monitor a system to record information about pursuit driving. This will include narrative and multi-media forms, such as video, webcam and when necessary mobile camera and video. Continuous review and revision where necessary of pursuit policies. The quality and direction of these documents need to be valid and relevant and respect the rights and welfare of all stakeholders. Provide ongoing pursuit-specific training that includes ethical debating and written observation techniques Provide training and supervision across policies to ensure staffs in critical thought, inclusive decision-making and consistent deliver of services. Cultivate a culture of disclosure, reflection and critical analysis of responsibility for pursuit-actions amongst staffs. This includes having a supervisor read through and deliberates as to the appropriateness of pursuit activities in afteraction reports). Emphasize and make salient the ongoing risks and dangers of pursuit to guard against complacency of safety issues across time and experience. Establish a minimum criteria to meet a low offense as compared to a high offence to determine when a decision be made to continue or to initiate pursuit of a suspect’s vehicle. Train to recognize when public endangerment outweighs a decision to pursue; for example with incidents of traffic congestion Provide categories (ranking of criminal activities) and risk standards (rated from low to high) that allow staffs to easily and rapidly make distinctions during a chase Create a chase matrix from category scales to provide a set of specific standards that aid decision-making as to whether to start or continue a pursuit.   Conclusion Police pursuit is a controversial issue in social discourse, due to the inherent dangers to police, the pursued and the public. Formulation of a policy that adequately provides categories of risks and standards, and emphasizes the severity of the offence to determine if a chase is initiated or continued, appears to be the way to insure a consistent high level of best practices in pursuit. Ultimately, policy must seek to limit pursuit to only the most violent felons whilst resulting in the least risk to the public. Tragedy of road collisions due to police vehicular pursuit highlights the critical need for such policy. References Alpert, G. (1997) Police Pursuit: Policies and Training. Series: NIJ Research in Brief. Retrieved November 8, 2007 from http://www.ncjrs.gov/txtfiles/164831.txt Department of Public Safety (2000) Uniform Statewide Pursuit Policy. Retrieved November 8,   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   2007 from http://www.ct.gov/dps/cwp/view.asp?a=2151&q=294336 New Jersey Police Department (2001) Police Pursuit. Retrieved November 8, 2007 from   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://www.state.nj.us/lps/dcj/agguide/vehpurs_2001.pdf

Introduction of Information Technology Related to Hotel and Restaurant Management

Chapter II Review of Related Literature Students look forward to the opportunity to choose their academic plans and classes. According to the enhanced cognitive engagement theory, allowing students to choose which classes they enroll in increases motivation and independence which in turn increases a student's cognitive processing and performance, however, the task of course selection is very complex with multiple considerations, most of which overlap with one another.Students are influenced by the different academic portions of the class such as the value of the content, the structure, and the workload. They also have to decide what is important to them with regards to their interests, personal academic goals, and their schedule. But students do not make these decisions alone because they do occasionally seek advice from their family, faculty, and/or friends. Not all of the different considerations of a course are as influential as others, but it is important to know what students wa nt from their classes, what they expect of themselves, and who they will listen to.Educators and schools need to know this information; especially those of elective courses so they can meet the needs of students and have them continue to enroll in their class. More importantly though, if teachers can adapt their classes to better meet the needs of students the students will be more engaged which will increase their comprehension and excitement for the curriculum, which should be any teacher's ultimate goal. The following paper provides further analysis on the most current research based on influential factors of course enrollment.The first section deals with the academic considerations such as, value and execution, teacher, and workload. The student must also take into consideration their own personal preferences of their interests, capabilities, gender, and their schedule, which is explained throughout the second section. The third component deals with the influential sources a stu dent may listen to including their family, peers, and the faculty at their school. Finally, the gaps and limitations of the research are discussed along with the need of further research. Reference: (http://voices. ahoo. com/the-factors-influence-students-decision-for-8258751. html) Each course is a unique mix of many different ingredients — from subject matter, to fellow students, to the jobs it leads to. The following points can be used as a checklist of things you need to find out about courses of interest. Think about what you will learn and how you’ll learn it . Subject matter is the first step to success is studying something you are interested in. Intellectual style, some courses are mainly ‘quantitative' (how's your maths? ), others are ‘verbal' or language based.Some encourage you to have your own ideas, ask the big questions and find out about the world. Work patterns, courses vary in the time students spend in lectures, tutorials, studios and lab classes and completing self-directed study. Some courses also have an industry-based learning component. If it is tough to study and pass. Some fields of study are notoriously tough, with high failure and drop-out rates. How long they take, VET certificates generally take a year or less of full-time study, diplomas and advanced diplomas around two years and bachelor degrees three or four years.Double degrees, ‘honours' courses and part-time programs will take longer. How much choice they allow, some courses require all students to complete the same ‘core’ subjects, while others allow you to choose a lot of electives. International study opportunities, optional summer study tours or study abroad and exchange programs may offer credit towards some courses. How you can study, courses may be offered full time, part time, by distance education or on an accelerated trimester schedule. Not all courses offer all options.Quality, regardless of their subject matter, course s should be well run by experienced staff and (if applicable) meet industry standards.Reference:(http://gooduniguide. com. au/School-Leavers/Choosing/How-to-choose-a-course) Choosing the course that you are going to study for the next 3 or 4 years can be difficult. Course content will vary between institutions and it is important to check that the courses you are applying for cover the topics you are most interested in. Reference:(http://www2. warwick. c. uk/study/undergraduate/apply/choosing/) The number of courses you take each semester will be one of the most important factors affecting your success at school. It's easy to get caught up in the excitement of choosing courses at the beginning of semester when you're rested and ready for a challenge. But you need to flash forward to mid-term – when the day-to-day reality of classes, assignments, reading, essays and exams will be all too real. Reference: (http://www. cmha. ca/youreducation/courses. html)

buy custom Contract Law essay

buy custom Contract Law essay Question 1 (Martinas faulty racquet strings) In contract law, the issue of the vendor selling a defective item with clear intention is punishable through him or her paying for the damages to the client. Martina trusted the racquets expert that he will sell her excellent strings to enable her play and win the game. But after some time, the strings broke in the process of playing making her not to reach the finals. All endorsements worth $20000 went away because of faulty racquet strings. Under implied warrant in contract law, there is an express view to prevent or mitigate deceit and fraud to make persons be fair in their dealings, to be honest, and to be upright in all their transactions. Matrina entered in to a special contract with the racquets expert in Melbourne that she should be given high quality strings for her racquet, but she later recognized that the strings never had qualities she wanted. According to contract law, if in any case the special contract has been exercised for the sale and or purchase of goods of certain features, quality and description, and that particular good does not portray the same description as those stipulated by the vendor, or bargained for, or agreed to be sold, the buyer has a right to not only return the faulty equipment, but to be given compensation concerning the issue of being sold a faulty equipment. All the compensation stated in this case is not limited to the price of the item he or she bought, but it should, be inclusive of all the costs the buyer accrued in meeting the purchase and those costs and expenses, which directly link to the purchase of that product. Matrina need to be compensated for her travel costs, her forfeited token, the accommodation costs, training for championship costs and loss of endorsement fees, and disappointment fees. If the purchaser, however, neglects to return the faulty products she has bought within the stipulated period, a new contract will arise by the full implication of law, totally different from, and totally independent of, the previous agreement, and the person who has received and willing fully retains that goods is directly liable upon what is called a quantum meruit to pay for the presumed worth of the good. If Matrina stays with the goods (racquet strings) after the vendor has failed to perform his contract, she may recover the value of these items upon the new contract and the eventual promise that the law then applies from the changed situation and consequences of the parties. In all sales or purchases of products, the law stipulates an undertaking or a due promise from the seller that at no time carried out a bad sale, and that he had no obligation to make the contract of sale he had profess to make. Peto vs. Blades case indicates that if the seller knowingly or intentionally sold defective goods, he is entitled to indemnify the buyer against the damage he had already sustained. This damage is inclusive of loss of endorsement fees, disappointment and distress, travelling costs and accommodation costs. If Matrina was cognizant of the defect in the strings, materially reducing the value of the said item, the low has an obligation to carry out a disclosure thereof to the intended buyer, and informing in silence the fact of substance, which needed in utmost good faith be made known, and is equivalent, in laws contemplation to a valid express representation or even warranty (Hill vs. Gary). If for example, a taverner sold wine knowing that the wine is corrupt, to a buyer as a good wine, although he impliedly expressed to warrant it as such, yet a certain action showed that he lied, he is required by law to compensate the buyer. Also, if the merchant sells a piece of cloth to the buyer, knowing that the cloth is not in good condition, he is responsible for compensating the buyer (Atkinson vs. Bell ). To justify that Matrina is liable for full compensation, we consider the case of Southern vs. Howe. It states that if an individual sold a horse with no eye, no legal action against him sin ce the buyer already observed that the horse lacked one eye. But if the seller fixes an artificial eye to lure the buyer in to believing that the horse has both eyes and later finds out that indeed the other eye is counterfeit, the seller is liable to compensate the buyer for such actions. Therefore, the racquet expert in Melbourne has an obligation to compensate Matrina to the extent of having implied with the conditions of the contract. Some times it is possible for the buyer to complain that he never knew of the defects existence. He must, therefore, proof that what he did was not intentional by revealing other sales of the same items he had sold to other clients, that indeed they were not defective. If Matrina agrees to eventually take the sale issues with all faults, there exists an implication of one part of the racquet dealer to resort to no device or possibility to conceal any defect. The seller should reveal that indeed he sold defective strings and that he is liable to duly compensate the buyer. The condition to be taken inclusive of all faults and frauds, do not entirely mean that the item to be undertaken with all existing frauds, and hence, the seller will not be allowed to present himself of it if he decides to resort to any artifice, or makes use of false representation, with the intention of convincing the purchaser to forget about the contract of sale. Defective items sold have adverse implications, w hich will cost the buyer a lot, therefore, all the burden of compensation lies directly on the vendor who sold the defective goods. Question 2 (The case of Jilna and Lee) If a contract has been made and because of one reason or another, the other party is not able to perform his or her obligation, then this constitutes frustration. Jilna seems not to have read the lease agreement letter properly, as she thinks that the lease was only running for one year, yet the letter indicated it was running for five years. This frustrates Lee so much because of the complication with the contract. Jilna sees it as no longer possible for her to continue with her bicycle manufacturing business because of road blockage, which has made supply of materials to her factory paralyzed. Besides, the roads department has told her that it will take three months for all the trees blocking the road to be removed. As such, she will not be able to manufacture her bicycles, implying that she will not be able to make any sale. This could be understandable that she wont be able to pay any rent, but the contract she made is binding. Frustration concerns the subsequent impossibility. If the contract appeared to be impossible from the start, the issue will be the mistake but not constituting frustration. Jilna should, however, establish as to whether or not the situation at hand has been expressly shown in the contract- the lease contract. This provision is normally called force majeure clause. For example , a contract of manufacturing bicycles using Lees factory premises might say, if a factory collapses, or the external disasters that will negatively affect the performance of your business and hence, making you unable to pay the monthly rent, take place, then this will happen This clause ought to be complete and should stipulate specific risk(s). Since there is no force majeure clause in Jilna and Lees contract, there are various frustrations that are established in case laws. Supervening illegality stipulates that immediately the contract was made, a new law or a new occurrence has made it illegal for the cont ract to be carried out. The best example of the case law is Avery vs. Bowden (1856), in which a certain ship was supposed to pick up some specific cargo at port of Odessa. With the occurance of the Crimean war, the government passed a rule that is illegal to load the ship at the foes port. Hence, the ship could not undertake its contract without having broken the law. Hence, the contract was frustrated. When the hurricane fell on the land and fell the trees that block the road leading to Jilnas factory, Jilna was not able to carry out her business hence, frustrating the contract she made with Lee. The performance of the contract under this scenario of supervening illegality will not take place or will be impossible. The reason is because of the eventual destruction of the subject matter (factory premises). Jilna, for example will say, I agree to pay you monthly rent, but the road to the factory get blocked. This complicates the perfomance of the contract they have both signed, though Jilna never took her time to know to what extent the agreement was binding. The nature of contractual obligation may also make the contract not to perform in the stipulated way. A very good example is the case of coronation of King Edward VII in 1901 where the coronation process failed because the king was ill. One person had hired a flat in order to view the coronation but refused to pay the days rent, since the existing contract had been frustrated. The court said that he was indeed right: the whole idea of hiring a room was only to watch the coronation ceremony, and since the ceremony never too k place, then there was no need of hiring the said room ( Krell v Henry). But a contract is not frustrated only just because it has become very expensive or uneconomical to perform. This kind of risk occurs immediately when one enters into a contract. The supervening even, however, must be beyond the ability of both parties to control. Neither Jilna could not have been able to prevent hurricane from passing near her factory, nor was Lee able to inform Jilna in advance that there could be a hurricane passing by, so that she could be informed. As search the event (hurricane) was unforeseeable by both parties (Jilna and Lee). The legal effects of this frustration by the common law becomes the contract which was made automatically comes to a halt at that exact time of frustrating event. Immediately the hurricane caused havoc on the road, and hence making supplies difficult from reaching the factory, Jilans factory operations stopped, hence signaling that she will not be able to pay the stipulated monthly rent, as shown in the contractual letter. The recommended statute is the Law Reform (Frustrated Contracts) Act of 1943, which is only applicable in a situation where there is no express permission existing in the contract for anything that happens if it is frustrated. The provision is that, if some payments have been made in advance, the lessee or the buyer has a right to get the payments back, net of any expenses that he or she could have incurred. Jilna had not yet paid the rent, but she might have incurred the expenses of renovating the factory hence, she will not be in a position to ask Lee to pay her the expenses she has accrued so far. Lee is also frustrated by the fact that Jilna will not be able to pay the monthly rent as indicated in the contract, and that she never understood the terms and conditions in the contract after all. If the contract had been partially performed, as shown by Jilna who had already undertaken the factory operations, it gets a little bit complex. She will be required, according to the contract, to pay for any of benefit she could have received. If for example, at the time of the frustrating event (Hurricane), Jilna had already made some refurbishments in the factory, Lee had to compensate Jilna for all the expenses incurred in refurbishing the factory. She could value the amount of factory upgrade and ascertain whether it will be able to give a one month rent, since Jilna will no longer be able to carry out the business. The case of Brisbane Council vs. Group Projects Pty is also another example of a frustrated contract, which depicts what happened to Jilna and Lee. Under this case, the Group Projects had some land which was to be developed. The company came into agreement with Brisbane City Council that the company should undertake some work on the land immediately the land was rezoned residential. The thing, which later happened, is that the land was forcefully resumed by the government to be used as a school. The City council of Brisbane argued that, until the extent that Group Projects had said to carry out the development work in the land, it was still justified to go on. The company mentioned that the whole idea had been frustrated since its ability to make profit had already been removed when the said piece of land was rezoned. The case raises some interesting debate as to whether it can be said that frustration existed when the commercial interests of the above contract had been removed or no t. The high court officials who said that the issue had no difficulty are holding that the contract was frustrated because of the eventual resumption of the land. Lees plan to enjoy monthly revenues of $ 5000 per month was frustrated by the fact that Jilna will not be able to carry out her agreement to be paying her $ 5000 per month as lease rentals for 5 years. One can view other tangible issues facing frustration of the contract by looking at the conclusion of Stephen J (p 766) 4th paragraph and also interesting or thrilling commentary on the subsequent paragraph about how frustration is so uncertain. The hurricane was not easily predictable by both parties. If it were, then Jilna could have given her own side of the story as tow whether to continue with her operations or stop it altogether. The case of National Carriers Ltd vs. Panalpina Ltd is applicable to Jilna and Lees case because, before the decision, it was meditated that the doctrine of frustration will never be applicable in real estate, even including leases. The reason is because, real estate is actually land and the land is everlasting. The National Carriers type of case involved the commercial lease of a warehouse. The existing access to the warehouse was blocked by a local authority, which decided to close the street since the state of building the building in the street was not safe. The lease was supposed to run for ten years. The same street also was to be closed for a period of 18 months. Tenants said that the lease agreement was frustrated. However, it is said that the doctrine of frustration does not normally apply in real estate. In the said case, the tenant was in possession of a premise (warehouse) which was the subject of the lease agreement. Lee likewise had a factory, which was also the subject of the lease agreement. It will not matter what will happen, even if the building is destroyed since the interest of the land continues on. This is somehow, a very unrealistic view of commercial issues. In the issue of National carriers, the House of Lords reiterated that the frustration doctrine will apply to lease agreement but insisted that the cases will be very rare. The main facts of the case is that, they concluded that this lease was not frustrated since the deprivation of the tenant was so small compared with the lease term of 18 months in a period of ten years. Question 3 (company formation) For me to ensure that I have become successful in undertaking the venture, I need to understand the ways in which I can raise my finances. Already, I have savings amounting to $ 300000 and the bank has agreed to give me extra $ 300000. This comes to $ 600000. To make it $ 1 million, which is required for me to establish the company, I have found 40 investors, each willing to pump in $ 10,000 into this business, after understanding that this project will be profitable and the payback period will be shorter. Of great concern is to whether to make this company go public or to operate it as a private company. Remember this company is still at its seed or concept stage, where I am supposed to be developing the business plan and mobilizing resources in order to make it a reality. It will be realistic to put it this way- we run this company as private limited company for some few years in to the future since you understand the disadvantages of making it go public this early. I need to develop a strong object clause of the company, according to the Corporation Act which stipulates that companies should express the object of their operation. My object in the company is to explore the organic mineral development storage devise for electricity. I know that the provisions of the Act allow me to undertake this activity as it says, a provision of the corporation legislation does not: prohibit the doing of an act, or, impose a liability for doing an act, if the provision of the law of State or Territ ory specifically authorizes the doing of an act. I also know that my company needs to set up and maintain a register of members, a register of financial undertakings, a register of earnings to be achieved and the initial financing options. Also, we need to understand the company structure, company name, legal obligations, company registration and legal obligation concerning our company name so that we can not violate the Corporation Acts provisions. Before we think of whether this company is going to be private or public, we need to consider if this company wills suite the needs and follow the proper established legal framework as deviation from it will lead to total discontinuation of our plan to establish this company. This company can conduct business throughout Australia, but we need to get the provisions right. When we think of registering the company name, it is not the same as registering our company. Registration of our company name does not in any way create a legal entity but rather registering the company itself, does. R egistration of the company name, according to Corporations Act, allows us to use the privileges to which our company is entitled, like corporate tax rate and limited liability. In order for us to register the name of our business, we need to consult the corporations act provisions. Concerning how to run this business, we need to decide the internal governance and how it affects replaceable rules, constitution and the general business operations. This is a proprietary company, and it cannot be run by replaceable rules if initially I am going to be the director and member and, therefore, special rules apply. Since this is proprietary company, corporation act allows the company not to lodge its constitution when duly applying to register. However, Corporations Act must be followed in order to avoid any possible violation. The company will ensure that contracts over $ 20000 will require immediate approval of the managing director. No contracts above this will be allowed without the directors consent. Since there will be investors who have stakes in this company, the corporation act will require the company to provide their registration information and the amount they each contribute. Date of entry of each and every investor or member must also be indicated. If this company will get membership of over 50 people, the company scheme should include in its members register an updated index of members name. This index must be easy to use and should allow members entry to be found easily. If this company is to stay to be proprietary, we must satisfy all the provisions of the particular type of the company. If this Company becomes a public company, relevant procedures must be followed. The company should indicate how shares are to be allocated, how additional capital is to be raised, and the reporting standards to be used and tax payment strategies. We need to give all the details required so that we can be successfully registered. This will make this company to operate legally as a corporate body at the very day it received its certificate of registration. When registered, we need to ensure that we are given ACN (Australian Company Number) as required by the Corporations ACT. If we are given ABN, the number we get should end with the nine digits we have already received. The company name, written in legible characters, is followed by Australian Company Number as appropriate. This means that we need to satisfy all the requirements of the Corporations Act in order to enable us become an officially and registered company in Australia. All documents should be issued, at the right time so that we cannot risk being deregistered. Question 4 (Case of Amanda and John) As a start up company, Amanda and John will not be able to access a wide pool of funds. When the company is too young, profits are usually less and there is instability in profitability projections. Legally, it is not allowed for one to go for other debts without clearing the existing one. Amandas case indicates that her money is all tied in trusts as she has been acting as a trustee for her family trust when the family was not able to meet the trusts. Therefore, thinking to carry out business as a partnership and as a company should be clearly evaluated because both different business types have different legal attributes. As a partnership, both must understand that they have mutual obligation to carry out the business. Considering that they can only manage to raise $60000, it means that they will not be able to meet the required capital target, what with Amanda in deep financial turmoil. As a start up business, both individuals should require the initial amount so that business will be carried out smoothly. Both of them have a contractual obligation to look for ways of raising the other $90000 to finance the business. Start up businesses are usually the most challenging businesses to undertake since they may either collapse or experience slow growth. If both of them are considering venturing in to partnership, it is essential that they consider all options before they make any decision. Choosing a business structure that will be supported by the capital stated is very wise. The success or failure of their business depends on how the two individuals design their business structure during the concept stage. Since the success of partnerships is determined by the partners, both of them should ensure that they raise the extra amount in order to finance business development. Though there are advantages in partnership like work sharing and skills supplementation, they understand that legal obligations must be strictly adhered to when it comes to sourcing extra financing from other sources. It is very essential to understand the business laws, which are associated with partnership, so that both of them should not be faced with legal problems. It is very vital if both of them will speak to the business lawyer or attorney before thinking of any option to turn the business in to a partnership one. This will enable them get legal advices on basic legal aspects of business pertaining the partnership. They also need to understand that if the venture fails and already had borrowed some amount; it is their obligation to repay the debt. Assuming that they contributed capital equally, both partners need to consider that any external debt should be cleared first before settling any internal ones. Both of them should also consider that sharing of profits should be according to the ratio of their contributions or any criteria that they deem fit. This will ensure that any issues or complications are handled the right way. In Ingran vs. Deere Ingram, who were a psychologist and Deere, who was a psychiatrist, entered into an agreement in which Deere could serve as a medical and director of a pain clinic. He said that he was going to receive a third of clinics income, and Ingram would receive a third, and the remaining one-third would be for meeting expenses. Deere said that they were to carry a joint venture but Ingram asserted that Deere will receive a third of the clinics revenue and that no agreement was reached on the remaining two thirds. He also admitted that he never contributed capital to start clinic, never took part in hiring extra workers, and never knew the names of staff members. He also admitted that he never bought clinic equipment, never became a signatory to the c linics ban account and never appeared anywhere in the lease agreement for the clinic office space. After fourteen months, Ingram decided to give Deere a form called Physician Contractual Employment Agreement (stated that Ingram was to be the sole owner of the clinic) which he refused to sign. He later ceased working at the clinic. He sued Ingram, and later on the jury discovered that both of them entered into a partnership agreement in which Ingram breached his fiduciary responsibility to Deere. However, the trial court found that they found no material evidence to support their partnership business. With this case law, Amanda and John should ensure that they communicate to each other, not only orally, but also in writing the responsibilities of each partner, compensation of each partner and profit sharing ratios in order to avoid complications. Forming a capital at start up stage is not realistic, as the company requires that the two partners raise a large amount of money, and both of them should have sufficient collateral incase that go for a bank loan. By the look of things, it appears that they will not get additional financing because they were not able to raise $150000, which is a very small fraction for the capital required to form a company. Besides, the issue of Amanda not able to settle her trustee obligations to the family proofs that they will not be able to secure a bank loan in order to establish private company. Most start ups must be operated as partnership businesses for at least three years from the time they were formed and that during this time the income inflows should have been consistent and rising. They should first be able to raise the additional $ 90000, carry out the business as partnership and when they think that the business is now stable they can decide to make it a private company. Buy custom Contract Law essay